Title 16
BUILDING AND CONSTRUCTION STANDARDS
UPDATED: September 18, 2023
Chapters:
16.04 INTERNATIONAL BUILDING CODE
16.05 INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS
16.07 INTERNATIONAL ENERGY CONSERVATION CODE
16.08 ROAD NAMES AND ADDRESSING BUILDINGS
16.10 KING COUNTY BUILDING SECURITY CODE
16.14 INTERNATIONAL PROPERTY MAINTENANCE CODE
16.32 KING COUNTY PLUMBING CODE
16.82 CLEARING AND GRADING (Formerly GRADING)
CROSS-REFERENCES:
Mobile home park standards, see K.C.C. 21A.14.150, 21A.14.160 and 21A.14.170.
Nondelinquent property tax certification, see K.C.C. chapter 4.68.
Public bench construction, see K.C.C. chapter 14.32.
Road and bridge construction standards, see K.C.C. chapters 14.20 and 14.24.
Sections:
16.02.010 Relationship to comprehensive plan and growth management act.
16.02.020 Notification to tribes.
16.02.100 Application.
16.02.110 Adoption - rules.
16.02.120 Modifications to the code.
16.02.135 International Mechanical Code - Administration
16.02.140 International Residential Code – Administration.
16.02.145 International Existing Building Code - Exceptions.
16.02.147 International Existing Building Code - Administration.
16.02.150 General - Title.
16.02.152 General - Scope.
16.02.155 Gas.
16.02.157 Plumbing.
16.02.160 Applicability - Referenced Codes and Standards.
16.02.170 Accountability - Moved buildings.
16.02.190 Duties and powers of building official - General.
16.02.200 Duties and powers of building official - Notice and orders.
16.02.210 Duties and powers of building official - Right of entry.
16.02.218 Flood hazard areas.
16.02.230 Annual permit and annual permit records.
16.02.240 Permits - Work exempt from permit.
16.02.250 Work Exempt from permit - Public service agencies.
16.02.260 Permits - Application for permit - Complete applications.
16.02.270 Permits - Application for permit - Application for basic permit or approval.
16.02.280 Application for permits - Time limitation of application - Expiration of application.
16.02.290 Permits - Expiration.
16.02.300 Permits - Suspension or revocation.
16.02.310 Permits - Return of plans.
16.02.316 Live loads posted.
16.02.340 Phased approval - Pre-issuance construction authorization (PICA) - Permission to proceed.
16.02.350 Pre-issuance construction authorization (PICA) - Removal of work not permitted and restoration.
16.02.360 Pre-issuance construction authorization (PICA) - Enforcement.
16.02.370 Design professional in responsible charge - General.
16.02.400 Fees.
16.02.410 Inspections - General - Inspection record card.
16.02.420 Required inspections - Lowest floor elevation.
16.02.440 Required inspections - Energy efficiency inspections.
16.02.450 Inspections requests - Reinspections.
16.02.470 Certificate of occupancy - Certificates issued.
16.02.480 Certificate issued - Certificate of occupancy.
16.02.490 Certificate issued - Certificate of shell completion.
16.02.500 Certificate of occupancy - Temporary occupancy - Temporary certificates issued.
16.02.510 Temporary certificate issued - Temporary certificate of occupancy.
16.02.520 Temporary certificate issued - Temporary certificate of shell completion.
16.02.530 Certificate of occupancy - Revocation.
16.02.540 Certificate of occupancy - Posting.
16.02.550 Service utilities.
16.02.570 Board of appeals - Qualifications.
16.02.580 Violations - Notice of violation.
16.02.590 Stop work order.
16.02.600 Unsafe structures and equipment.
16.02.610 Liability.
16.02.010 Relationship to comprehensive plan and growth management act. This title of the King County code is hereby enacted to be consistent with and implement the King County comprehensive plan in accordance with RCW 36.70A. (Ord. 11618 § 1 (part), 1994).
16.02.020 Notification to Tribes. The county recognizes that many actions undertaken pursuant to Title 16, as amended, may impact treaty fishing rights of federally-recognized tribes. In order to honor and prevent interference with these treaty fishing rights and to provide for water quality and habitat preservations, the county shall provide notice to any federally-recognized tribes whose treaty fishing rights would be affected by an action undertaken pursuant to this title, including but not limited to: development of wetlands, stream and river banks, lakeshore habitat of water bodies, or development directly or indirectly affecting anadromous bearing water bodies, including the promulgation of plans, rules, regulations or ordinances implementing the provisions of this title, whether or not review of such actions is required under the State Environmental Policy Act (SEPA), RCW 43.21C. (Ord. 11618 § 1 (part), 1994).
16.02.100 Application. This chapter applies to the chapters in this title regarding the International Building Code (K.C.C. chapter 16.04), the International Residential Code (K.C.C. chapter 16.05), the International Energy Conservation Code (K.C.C. chapter 16.07), the International Mechanical Code, the International Existing Building Code, the International Property Maintenance Code (K.C.C. chapter 16.14), the Uniform Plumbing Code (K.C.C. chapter 16.32), and the King County Building Security Code (K.C.C. chapter 16.10). (Ord. 19485 § 1, 2022: Ord. 14914 § 2, 2004: Ord. 14111 § 3, 2001. Formerly K.C.C. 16.04.005).
16.02.110 Adoption - rules.
A. The following codes published by or jointly with the International Code Council, Inc., together with amendments, additions, exceptions and deletions adopted in this title by reference, together with the State Building Code Act, chapter 19.27 RCW, which are referred to in this title as "the International codes" and with King County modifications that are adopted and codified in this chapter are adopted as the King County building codes and may be cited as such and are referred to in this chapter as “this code”:
1. The International Building Code, 2018 Edition, effective February 1, 2021, together with Appendix C (Group U – Agricultural buildings), as amended in chapter 51-50 WAC, and Appendix Z (Seattle-Tacoma sound reduction standards), as adopted by this title, and referred to in this title as "the International Building Code" or, when used in a citation, "IBC";
2. The International Residential Code, 2018 edition, effective February 1, 2021, except for Chapter 11 and Chapters 25 through 43, together with Appendices F (Radon control methods), H (Patio covers), K (Sound transmission) and T [RE] (Solar-ready provisions-detached one- and two-family dwellings and townhouses), as amended in chapter 51-51 WAC, and referred to in this title as the "International Residential Code" or, when used in a citation, "IRC";
3. The International Energy Conservation Code, Commercial, 2018 edition, effective February 1, 2021, together with Appendices A (Default heat loss coefficients), B (Default internal load values and schedules), C (Exterior design conditions) and D (Calculation of HVAC total system performance ratio), as amended in chapter 51-11C WAC; and the International Energy Conservation Code, Residential, 2018 edition, effective February 1, 2021, together with Appendices A (Default heat loss coefficients), B (Optional energy efficiency measures) and C (Exterior design conditions), as amended in chapter 51-11R WAC, and referred to in this title as the "International Energy Conservation Code" or, when used in a citation, "IECC";
4. The International Mechanical Code, 2018 Edition, effective February 1, 2021, together with Appendix A (Chimney connector pass-through), as amended in chapter 51-52 WAC, and hereinafter referred to as the "International Mechanical Code" or, when used in a citation, "IMC";
5. The International Existing Building Code, 2018 Edition, effective February 1, 2021, with Appendix A (Guidelines for the Seismic Retrofit of Existing Buildings), as amended in chapter WAC 51-50, and referred to in this title as the "International Existing Building Code" or, when used in a citation, "IEBC"; and
6. The International Property Maintenance Code, 2018 Edition, effective February 1, 2021, and referred to in this title as the "International Property Maintenance Code" or, when used in a citation, "IPMC."
B. This code also may be further clarified and implemented with administrative rules adopted in accordance with K.C.C. chapter 2.98. (Ord. 19485 § 2, 2022: Ord. 17837 § 1, 2014: Ord. 17191 § 1, 2011: Ord. 15802 § 1, 2007: Ord. 14914 § 4, 2004: Ord. 14111 § 4, 2001. Formerly K.C.C. 16.04.011).
16.02.120 Modifications to the code. The county council hereby declares that amendments, additions, deletions, and administrative rules are necessary to modify and clarify the code for its application in King County. Such modifications and administrative rules shall be prepared by the director, and, in the case of modifications, adopted by the council, they shall be codified within this chapter or in the case of administrative rules, as specified in K.C.C. 2.98. These codes, modifications, and administrative rules constitute county regulation for any activity subject to the code. The director shall make the adopted modifications and administrative rules readily available at reasonable cost to persons performing any activity subject to the code. (Ord. 12560 § 3, 1996: Ord. 8184 § 2, 1987: Ord. 3647 § 5, 1978. Formerly K.C.C. 16.04.040).
16.02.135 International Mechanical Code - Administration. Chapter 1 of the International Mechanical Code is not adopted and Chapter 1 of the International Building Code as amended and supplemented in this chapter is substituted. (Ord. 15802 § 3, 2007).
16.02.140 International Residential Code – Administration. Chapter 1 of the International Residential Code for is not adopted and Chapter 1 of the International Building Code as amended and supplemented in this chapter is substituted. (Ord. 19485 § 3, 2022: Ord. 14914 § 8, 2004).
16.02.145 International Energy Conservation Code - Exceptions.
Chapter 1 of the International Energy Conservation Code is not adopted and Chapter 1 of the International Building Code as amended and supplemented in this chapter is substituted.
EXCEPTIONS:
A. Mixed residential and commercial buildings (IECC C101.4.1);
B. Compliance (IECC C101.5);
C. Building documentation and close-out submittal requirements (IECC C103.6);
D. Record documents (IECC C103.6.1);
E. Building operations and maintenance information (IECC C103.6.2);
F. Manuals (IECC C103.6.2.1);
G. Compliance documentation (IECC C103.6.3);
H. Systems operation training (IECC C103.6.4); and
I. International Energy Conservation Code Sections as amended and supplemented in this title. (Ord. 19485 § 4, 2022).
16.02.147 International Existing Building Code - Administration.
Chapter 1 of the International Existing Building Code is not adopted and Chapter 1 of the International Building Code as amended and supplemented in this chapter is substituted. (Ord. 19485 § 5, 2022).
16.02.150 General - Title. Section 101.1 of the International Building Code is not adopted and the following is substituted:
Title (IBC 101.1). These regulations shall be known as the Building Codes of King County. These codes are the International Building Code (IBC), the International Residential Code (IRC), the International Energy Conservation Code (IECC), the International Mechanical Code (IMC), the International Existing Building Code (IEBC), the International Property Maintenance Code (IPMC), the Uniform Plumbing Code, the King County Building Security Code (K.C.C. chapter 16.10) and the International Fire Code (IFC), as adopted in K.C.C. Title 17. (Ord. 19485 § 6, 2022: Ord. 15802 § 4, 2007: Ord. 14914 § 9, 2004).
16.02.152 General - Scope. Section 101.2 of the International Building Code is not adopted and the following is substituted:
Scope (IBC 101.2). 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. The provisions of the International Residential Code apply to the following:
1.1 The construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one- and two-family dwellings and townhouses, not more than three stories in height above grade plane with a separate means of egress and their accessory structures, including adult family homes, foster family care homes and family day care homes licensed by the Washington state Department of Social and Health Services
1.2. Detached residential accessory structures that are used for home occupations or home industries that include offices, mercantile, food preparation for off-site consumption, personal care salons and similar uses, if the home occupation or home industry is subordinate to the primary residential use of the site and the total cumulative floor area devoted to the home occupation or home industry in each detached accessory structure on-site is less than or equal to 500 square feet (46.5m2).
1.3. Live/work units located in townhouses and complying with the requirements of IBC 419. Fire suppression required by IBC 419.5 when constructed under the International Residential Code shall conform to Appendix U - Dwelling unit fire sprinkler systems, as adopted in chapter 51-51 WAC.
1.4. Owner-occupied lodging houses with one or two guestrooms.
1.5. Owner-occupied lodging houses with three to five guestrooms where equipped with a fire sprinkler system in accordance with Appendix U - Dwelling unit fire sprinkler systems, as adopted in chapter 51-51 WAC.
2. The provisions of the International Mechanical Code shall regulate the design, installation, maintenance, alteration and inspection of mechanical systems that are permanently installed and used to provide control of the environmental conditions and related processes within buildings. This code shall also regulate those mechanical systems, system components, equipment and appliances specifically addressed in this section. The installation of fuel gas distribution piping and equipment, fuel gas-fired appliances and fuel gas-fired appliance venting systems shall be regulated by the International Fuel Gas Code and WAC 51-52-0101. (Ord. 19485 § 7, 2022: Ord. 17837 § 3, 2014: Ord. 15802 § 5, 2007).
16.02.155 Gas.
Section 101.4.1 of the International Building Code is not adopted. (Ord. 19485 § 8, 2022)
16.02.157 Plumbing.
Section 101.4.3 of the International Building Code is not adopted. (Ord. 19485 § 9, 2022)
16.02.160 Applicability – Referenced Codes and Standards. Section 102.4 of the International Building Code is not adopted and the following is substituted:
Referenced Codes and Standards (IBC 102.4). The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in IBC 102.4.1 and 102.4.2. Where differences occur between provisions of this code and referenced code and standards, the provisions of this code shall apply.
EXCEPTION: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing and manufacturer's instructions shall apply. (Ord. 19485 § 10, 2022: Ord. 14914 § 10, 2004).
16.02.170 Accountability - Moved buildings. Section 102 of the International Building Code is supplemented with the following:
Moved buildings (IBC 102.6.3).
1. Buildings or structures moved into or within the jurisdiction shall comply with the provisions for new buildings or structures of the International Building Code, chapter 51-50 WAC, the International Residential Code, chapter 51-51 WAC, the International Mechanical Code, chapter 51-52 WAC, the International Fire Code, chapter 51-54A WAC, the Uniform Plumbing Code and Standards, chapter 51-56 WAC, the International Energy Conservation Code, Commercial, chapter 51-11C WAC and the International Energy Conservation Code, Residential, chapter 51-11R WAC.
EXCEPTION: Detached one- and two-family dwellings, buildings or structures are not required to comply if:
1.1. The original occupancy classification is not changed, and
1.2. The original building is not substantially remodeled or rehabilitated. For the purposes of this section a building shall be considered to be substantially remodeled when the costs of remodeling exceed 50 percent of the value of the building exclusive of the costs relating to preparation, construction, demolition or renovation of foundations.
No person shall move within or into the unincorporated areas of King County, or cause to be moved, any building or structure without first obtaining, in addition to the building permit, a relocation investigation permit from the building official. The purpose of this relocation investigation permit is to determine, before relocation, the deficiencies in the building. Before a structure is relocated to a proposed site, a building permit shall be obtained.
2. The building official shall not approve for moving nor issue a building permit for a building or structure which constitutes a public nuisance or endangers the public health, safety or general welfare, and in the building official's opinion it is physically impractical to restore such building or structure to make it comply with this code.
3. A fee shall be charged for relocation investigations and site inspection services. A building permit fee shall also be charged for all structures which are approved for relocation. Fees for permits and services provided under this section shall be paid to the department of local services, permitting division, in accordance with K.C.C. Title 27, Development Permit Fees.
4. Relocation investigation fees do not apply to structures having acceptable current inspections, such as factory-built units. (Ord. 19485 § 11, 2022: Ord. 18791 § 125, 2018: Ord. 18683 § 7, 2018: Ord. 17837 § 4, 2014: Ord. 14914 § 12, 2004: Ord. 14111 § 66, 2001: Ord. 12560 § 55, 1996. Formerly K.C.C. 16.04.05051).
16.02.190 Duties and powers of building official - General. Section 104.1 of the International Building Code is not adopted and the following is substituted:
General (IBC 104.1). The building official is hereby authorized and directed to enforce all the provisions of this code, with the exception of International Building Code Chapter 29, the fuel gas piping requirements contained in the International Fuel Gas Code and Chapter 24 of the International Residential Code. The director of public health is authorized to enforce the provisions of Chapter 29 of the International Building Code, the fuel gas piping requirements contained in the International Fuel Gas Code and Chapter 24 of the International Residential Code. For such purposes, the building official and the director of public health shall have the powers of a law enforcement officer.
The building official shall have the power to render interpretations of this code and to adopt and enforce rules and supplemental regulations in order to clarify the application of its provisions. Such interpretations, rules and regulations shall be in conformance with the intent and purpose of this code. (Ord. 17837 § 6, 2014: Ord. 15802 § 6, 2007: Ord. 14914 § 15, 2004: Ord. 14111 § 6, 2001: Ord. 12560 § 6, 1996. Formerly K.C.C. 16.04.05001).
16.02.200 Duties and powers of building official – Notice and orders. Section 104.3 of the International Building Code is not adopted and the following is substituted:
Notice and orders (IBC 104.3). Notices and orders shall be in accordance with the procedures specified in K.C.C. Title 23. (Ord. 19485 § 12, 2022: Ord. 17837 § 7, 2014: Ord. 14914 § 16, 2004).
16.02.210 Duties and powers of building official - Right of entry. Section 104.6 of the International Building Code is not adopted and the following is substituted:
Right of entry (IBC 104.6). The right of entry shall be in accordance with the procedures specified in K.C.C. Title 23. (Ord. 14914 § 18, 2004: Ord. 14111 § 7, 2001: Ord. 12560 § 7, 1996. Formerly K.C.C. 16.04.05002).
16.02.218 Flood hazard areas.
Section 104.10.1 of the International Building Code is not adopted. (Ord. 17837 § 8, 2014).
16.02.230 Annual permit and annual permit records. Sections 105.1.1 and 105.1.2 of the International Building Code are not adopted. (Ord. 14914 § 20, 2004).
16.02.240 Permits - Work exempt from permit. Section 105.2 of the International Building Code is not adopted and the following is substituted:
Work exempt from permit (IBC 105.2). A building permit shall not be required for the following:
Building:
1. One-story detached one- and two-family residential accessory buildings used as tool and storage sheds, playhouses, tree-supported structures used for play and similar uses, not including garages or other buildings used for vehicular storage, if:
1.1 The floor area does not exceed 200 square feet (18.6 m2);
1.2 The roof eave does not project closer than three feet to any portion of an adjacent building and does not exceed twenty-four inches measured horizontally from the exterior wall; and
1.3 The building is separated a minimum of five feet from all other buildings.
2. One-story detached commercial agricultural and forestry accessory buildings used as animal shelters or for the storage of tools, animal feed, animal bedding, seeds, seedlings or similar materials or products, not including office, sleeping or resting quarters for human occupation or garages, if:
2.1. The floor area does not exceed 400 square feet (37.2 m2);
2.2. The roof eave does not project closer than three feet to any portion of an adjacent building and does not exceed twenty-four inches measured horizontally from the exterior wall;
2.3. The building is separated a minimum of five feet from other buildings;
and
2.4. The building does not have an installed heating system and is not connected to water, sanitary sewer or septic service.
3. Fences not over 6 feet (1.8 m) high.
4. Retaining walls that are not over 4 feet (1.2 m) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.
5. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,927 l) and the ratio of height to diameter or width does not exceed 2 to 1.
6. Sidewalks, decks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below and that are not part of an accessible route.
7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.
8. Temporary motion picture, television and theater stage sets and scenery.
9. Prefabricated swimming pools accessory to a detached one- or two-family dwelling as applicable in IBC 101.2, that are installed entirely above ground and are either less than 24 inches (610 mm) deep and do not exceed 5,000 gallons (18,925 l) or are installed for temporary use of less than three months in a twelve month period.
10. Temporary growing structures and temporary worker housing as exempted by WAC 51-50-007.
11. Swings and other playground equipment.
12. Window awnings for detached one- and two-family dwellings supported by an exterior wall that do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support.
13. Moveable cases, counters and partitions not over 5 feet 9 inches (1.75m) high.
14. Reroofing of existing one- and two-family residential buildings.
EXCEPTION: When replacement roofing adds more than 5 pounds per square foot cumulative dead load to the weight of the original roofing a permit shall be required.
15. Submerged, freestanding mechanical boat lifts associated with single-family residential piers and recreational watercraft not exceeding 25 feet (7.6 m) in length or 15 feet in width with no portion exceeding a height of 10 feet above the ordinary high water mark as defined in K.C.C. 21A.06.825.
16. Work located primarily in a public way, public utility towers and poles.
17. Mechanical equipment not specifically regulated in this code.
18. Antenna and dishes that fall under FCC Antenna Rule 47 C.F.R including masts under twelve feet above the roof line and dishes up to one meter in diameter.
19. Roof-mounted photovoltaic solar panels for one- and two-family dwellings that have a total dead load not exceeding four pounds per square foot and are no more than 18 inches (457 mm) above the roof or highest roof point on which they are mounted.
20. Ground-mounted wind turbines for one and two-family dwellings for which any portion of the unit does not exceed twelve feet (3.7 m) in height.
Gas:
1. Portable heating or cooking appliances.
2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe.
Mechanical:
1. Portable heating or clothes drying appliances.
2. Portable ventilation appliances and equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.
5. Replacement of any part that does not alter its approval or make it unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of one horsepower (746 W) or less.
8. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid.
Exempted items shall still be subject to separate plumbing, electrical and mechanical permits.
Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. (Ord. 19485 § 13, 2022: Ord. 17837 § 9, 2014: Ord. 17539 § 4, 2013: Ord. 17191 § 3, 2011: Ord. 15802 § 7, 2007: Ord. 14914 § 22, 2004: Ord. 14111 § 10, 2001: Ord. 12560 § 10, 1996. Formerly K.C.C. 16.04.05005).
16.02.250 Work exempt from permit - Public service agencies. Section 105.2.2 of the International Building Code is not adopted. (Ord. 19485 § 14, 2022: Ord. 17837 § 9, 2014: Ord. 14914 § 23, 2004).
16.02.260 Permits - Application for permit - Complete applications. Section 105.3 of the International Building Code is not adopted and the following is substituted:
Application for permit - Complete applications (IBC 105.3).
1. For the purposes of determining the application of time periods and procedures adopted by K.C.C. Title 20, applications for permits authorized by K.C.C. chapter 16.04 shall be considered complete as of the date of submittal upon determination by the department that the materials submitted contain the following, in addition to the complete application requirements of K.C.C. 20.20.040. Every application shall:
1.1. Identify and describe the work to be covered by the permit for which application is made.
1.2. Indicate the use or occupancy of which the proposed work is intended.
1.3. Be accompanied by plans, diagrams, computations and specifications and other data as required in IBC 107.
1.4. State the valuation of any new building or structure or any addition, remodeling or alteration to an existing building.
1.5. Give such other data and information as may be required by the building official.
1.6. Identify on the site plan all easements, deed restrictions or other encumbrances restricting the use of the property, and provide details as required in IBC 107.2.6 and as otherwise required by the building official. (Ord. 19485 § 15, 2022: Ord. 14914 § 25, 2004: Ord. 14111 § 12, 2001:Ord. 12560 § 11 (part), 1996: Ord. 12196 § 4, 1996: Ord. 11622 § 3, 1994. Formerly K.C.C. 16.04.05006; 16.04.052).
16.02.270 Permits - Application for permit - Application for basics permit or approval. Section 105.3 of the International Building Code is supplemented with the following:
Application for basics permit or approval (IBC 105.3.3). Application requirements for basics permit or approval shall be as specified in King County Administrative Public Rule. (Ord. 14914 § 27, 2004: Ord. 14111 § 24, 2001: Ord. 12560 § 23, 1996. Formerly K.C.C. 16.04.05018).
16.02.280 Application for permit - Time limitation of application - Expiration of application. Section 105.3.2 of the International Building Code is not adopted and the following is substituted:
Expiration of application (IBC 105.3.2). Permit application cancellation shall be in accordance with K.C.C. 20.20.100.
1. A permit application shall be deemed canceled by the permittee if:
1.1. The applicant has not taken action or responded;
1.1.1. within 60 days after notice of additional information required is mailed to the applicant, or
1.1.2. by the deadline specified by the building official for additional information; or
1.2. No permit is issued;
1.2.1. within 60 days after the applicant has been notified that the permit is ready, or
1.2.2. by a time specified by the building official.
2. The building official may grant an extension for permit applications for permits that have not been issued within the time limits specified in subsection 1. of this section, if:
2.1. not later than seven days prior to the expiration date under subsection 1. of this section, the applicant makes a written request for an extension of the building permit; and
2.2. the applicant pays applicable permit fees. (Ord. 17837 § 10, 2014: Ord. 14914 § 29, 2004: Ord. 14111 § 18, 2001: Ord. 12560 § 17, 1996. Formerly K.C.C. 16.04.05012).
16.02.290 Permits - Expiration. Section 105.5 of the International Building Code is not adopted and the following is substituted:
Expiration (IBC 105.5). Every permit approved by the building official under the code shall expire by limitation and become null and void two years from the date of its issue.
EXCEPTION: Building permits issued by the building official to correct a code violation, or mechanical permits issued independent of a building permit, shall expire by limitation and become null and void one year from the date of its issue.
Issued permits may be extended for one-year periods subject to the following conditions:
1. An application for a permit extension together with the applicable fee is submitted to the department at least 7, but no more than 60, calendar days before the date the original permit becomes null and void. Once the permit extension application is submitted and if that extension is not denied, work may continue past the expiration date of the original permit. If the extension application is denied, all work must stop until a valid permit is obtained.
2. The permit shall not be extended if:
2.1. Construction of a building or structure has not substantially begun, as determined by the building official, within two years from the date of the first issued permit; and
2.2. The building or the structure, or its intended use, is no longer authorized by the zoning code or other applicable law.
3. An applicant may request a total of two permit extensions if there are no substantial changes in the approved plans and specifications.
4. The building official may extend a building permit beyond the second extension only to allow completion of a building, structure or mechanical system authorized by the original permit and substantially constructed. If substantial work, as determined by the building official, has not begun on a building, structure or mechanical system authorized in the original permit, then a new permit shall be required for construction to proceed.
5. The staff of the department may revise a permit at the permittee's request but such a revision does not constitute a renewal or otherwise extend the life of the permit. (Ord. 19485 § 16, 2022: Ord. 17837 § 11, 2014: Ord. 17420 § 49, 2012: Ord. 16934 § 2, 2010: Ord. 16515 § 1, 2009: Ord. 15802 § 8, 2007: Ord. 14914 § 31, 2004: Ord. 14111 § 19, 2001: Ord. 12560 § 18, 1996. Formerly K.C.C. 16.04.05013).
16.02.300 Permits - Suspension or revocation. Section 105.6 of the International Building Code is not adopted and the following is substituted:
Suspension or revocation (IBC 105.6). The building official is authorized to suspend, revoke or modify the permit approval for a permit issued under the provisions of this code as provided in K.C.C. 23.24.100 wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code. (Ord. 17837 § 12, 2014: Ord. 14914 § 32, 2004).
16.02.310 Permits - Return of plans. Section 105 of the International Building Code is supplemented with following:
Return of plans (IBC 105.8). Any plans returned pursuant to Section 105 shall be returned to the applicant. Plans returned for the purpose of making correction may be returned to a consultant named by the applicant. (Ord. 14914 § 34, 2004: Ord. 14111 § 16, 2001: Ord. 12560 § 15, 1996. Formerly K.C.C. 16.04.05010).
16.02.316 Live loads posted.
Section 106.1 of the International Building Code is not adopted and the following is substituted:
Live loads posted. (IBC 106.1). The design live loads shall be conspicuously posted by the owner using durable signs, which may not be lawfully removed or defaced, as follows:
1. For commercial or industrial buildings, the portion or all of each floor for which the design live load is or has been designed to exceed one hundred twenty five pounds per square foot; and
2. For all warehouse and storage buildings, the portion or all of each floor regardless of the design live load. (Ord. 17837 § 13, 2014).
16.02.340 Phased approval - Pre-issuance construction authorization (PICA) - Permission to proceed. Section 107.3.3 of the International Building Code is not adopted and the following is substituted:
Pre-issuance construction authorization (PICA) - Permission to proceed (IBC 107.3.3). If the applicant for a permit or approval required by this code desires to begin work before obtaining the required permit or approval, the building official may allow the applicant to proceed if:
1. The building official determines that the work would not endanger or harm the property;
2. The building official determines that allowing the work to proceed would not violate the requirements of the state environmental policy act; and
3. The applicant first deposits cash or its equivalent with the building official, or in an irrevocable escrow approved by the building official, in an amount determined by the building official to be sufficient to restore the building and site, and to perform the corrective work described in K.C.C. 16.02.350. (Ord. 19485 § 17, 2022: Ord. 17837 § 14, 2014: Ord. 14914 § 40, 2004: Ord. 14111 § 21, 2001: Ord. 12560 § 20, 1996. Formerly K.C.C. 16.04.05015).
16.02.350 Pre-issuance construction authorization (PICA) - Removal of work not permitted and restoration. Section 107.3.3 of the International Building Code is supplemented with the following:
Pre-issuance construction authorization (PICA) - Removal of work not permitted and restoration (IBC 107.3.3.1). An applicant who commences work pursuant to Section 107.3.3.1 must, within the time specified by the building official, remove all work which does not receive the required permit or approval or which does not comply with the terms of a permit or approval which is obtained. The applicant must also restore the building and site to a condition satisfactory to the building official and perform whatever additional correction work is deemed necessary by the building official. (Ord. 17837 § 15, 2014: Ord. 14914 § 42, 2004: Ord. 14111 § 22, 2001: Ord. 12560 § 21, 1996. Formerly K.C.C. 16.04.05016).
16.02.360 Pre-issuance construction authorization (PICA) - Enforcement. Section 107.3.3 of the International Building Code is supplemented with the following:
Pre-issuance construction authorization (PICA) - Enforcement (IBC 107.3.3.2). If an applicant fails to comply with the requirements of Section 107.3.3.2, the building official may employ the code enforcement procedures set forth in K.C.C. Title 23 and may, in addition, obtain the funds on deposit and apply them towards removal of the unpermitted work, restoration of the building and site, and performance of whatever additional corrective work is deemed necessary by the building official. In the event the applicant obtains the necessary permits or approvals or performs the corrective work to the satisfaction of the building official, the funds or deposit shall be released to the applicant. (Ord. 17837 § 16, 2014: Ord. 14914 § 44, 2004: Ord. 14111 § 23, 2001: Ord. 12560 § 22, 1996. Formerly K.C.C. 16.04.05017).
16.02.370 Design professional in responsible charge - General. Section 107.3.4 of the International Building Code is not adopted and the following is substituted:
General (IBC 107.3.4). When it is required that documents be prepared by an architect or engineer, the building official may require the owner to engage and designate on the building permit application an architect or engineer who shall act as the architect or engineer of record. If the circumstances require, the owner may designate a substitute architect or engineer of record who shall perform all of the duties required of the original architect or engineer of record. The building official shall be notified in writing by the owner if the architect or engineer of record is changed or is unable to continue to perform the duties.
The architect or engineer of record shall be responsible for reviewing and coordinating all submittal documents prepared by others, including deferred submittal items, for compatibility with the design of the building.
When an engineer or architect is required by King County for the structural design of a commercial or multi-family residence building, the department will not review and approve a project which has multiple engineers or architects (or engineering firms) unless the owner employs an engineer or architect responsible for the overall structural design. This engineer or architect responsible for the overall structural design shall write a letter to the department documenting that this engineer or architect is the engineer or architect of record designated by the project owner to be responsible for the overall structural design, and that this engineer or architect has reviewed the entire structural design to ensure compliance with the International Building Code. (Ord. 18683 § 8, 2018: Ord. 17837 § 17, 2014: Ord. 14914 § 46, 2004: Ord. 14111 § 14, 2001: Ord. 12560 § 13, 1996. Formerly K.C.C. 16.04.05008).
16.02.400 Fees. Section 109 of the International Building Code is not adopted and the following is substituted:
Fees (IBC 109). Fees shall be assessed according to K.C.C. Title 27. (Ord. 19485 § 18, 2022: Ord. 17837 § 19, 2014: Ord. 15802 § 11, 2007: Ord. 14914 § 52, 2004: Ord. 14111 § 26, 2001: Ord. 12560 § 25, 1996. Formerly K.C.C. 16.04.05020).
16.02.410 Inspections - General - Inspection record card. Section 110.1.1 of the International Building Code is supplemented with the following:
Inspection record card (IBC 110.1.1). Work requiring a permit shall not begin until the permit holder or an agent of the permit holder posts or otherwise makes available an inspection record card in a conspicuous place on the premises such as to allow the building official to conveniently make entries regarding inspection of the work. This card shall be available until the Certificate of Occupancy has been issued. A validated hard copy of the building permit application at the time of permit issuance shall serve as the inspection record card. This validated hard copy of the building permit application shall hereafter be referred to as the building permit. (Ord. 19485 § 19, 2022: Ord. 17837 § 20, 2014: Ord. 14914 § 54, 2004: Ord. 14111 § 27, 2001: Ord. 12560 § 26, 1996. Formerly K.C.C. 16.04.05021).
16.02.420 Required inspections – Lowest floor elevation. Section 110.3.3 of the International Building Code is not adopted and the following is substituted:
Lowest floor elevation (IBC 110.3.3). In flood hazard areas, upon placement of the lowest floor, including the basement, and before further vertical construction, the elevation certificate required in section IBC 1612.4 and in K.C.C. chapter 21A.24 shall be submitted to the building official. (Ord. 19485 § 20, 2022: Ord. 17837 § 21, 2014: Ord. 14914 § 55, 2004).
16.02.440 Required inspections – Energy efficiency inspections. Section 110.3.8 of the International Building Code is not adopted and the following is substituted:
Energy efficiency inspections (IBC 110.3.8). Energy efficiency inspections shall be in accordance with the International Energy Conservation Code, as adopted and amended by chapters 51-11C and 51-11R WAC, and as amended in this title. (Ord. 19485 § 21, 2022: Ord. 17837 § 22, 2014: Ord. 14914 § 57, 2004).
16.02.450 Inspection requests - Reinspections. Section 110.5 of the International Building Code is supplemented with the following:
Reinspections (IBC 110.5.1). A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which inspection is called is not complete or when corrections called for are not made.
This subsection is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for such inspection or reinspection.
Reinspection fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the building official.
To obtain a reinspection, the applicant must request a reinspection and pay the reinspection fee as set forth in the fee schedule adopted by K.C.C. Title 27.
In instances where reinspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid. (Ord. 17837 § 23, 2014: Ord. 14914 § 59, 2004: Ord. 14111 § 30, 2001: Ord. 12560 § 28, 1996. Formerly K.C.C. 16.04.05024).
16.02.470 Certificate of occupancy - Certificates issued. Section 111.2 of the International Building Code is not adopted and the following is substituted:
Certificates issued (IBC 111.2). The building official may issue either a certificate of occupancy or a certificate of shell completion. The inspection record card specified in K.C.C. 16.02.410 shall serve as the certificate of occupancy for structures built under the International Residential Code. (Ord. 19485 § 22, 2022: Ord. 17837 § 24, 2014: Ord. 14914 § 63, 2004: Ord. 14111 § 32, 2001: Ord. 12560 § 30, 1996. Formerly K.C.C. 16.04.05026).
16.02.480 Certificate issued - Certificate of occupancy. Section 111.2 of the International Building Code supplemented with the following:
Certificate of occupancy (IBC 111.2.1). After final inspection, if no violations of this code or of related land use and public health ordinances, rules and regulations have been discovered, or if such violations have been discovered and corrected, the building official shall issue a certificate of occupancy which shall contain the following:
1. The building permit number.
2. The address of the building.
3. The name and address of the owner.
4. A description of that portion of the building for which the certificate is issued.
5. The name of the building official.
6. A statement that the building may be occupied.
7. The edition of the code under which the permit was issued.
8. The use and occupancy, in accordance with the provisions of chapter 3.
9. The type of construction as defined in chapter 6.
10 The design occupant load.
11. If an automatic sprinkler system is provided, whether the sprinkler system is required.
12. Any special stipulation and conditions of the building permit.
13. An explanation that the responsibility for the building's compliance with the provisions of the applicable King County codes and for maintenance of the building rests exclusively with the permit applicants and their agents and the building's owners. (Ord. 17837 § 25, 2014: Ord. 14914 § 65, 2004: Ord. 14111 § 33, 2001: Ord. 12560 § 31, 1996. Formerly K.C.C. 16.04.05027).
16.02.490 Certificate issued - Certificate of shell completion. Section 111.2 of the International Building Code is supplemented with the following:
Certificate issued - Certificate of shell completion (IBC 111.2.2). After final inspection of a building or structure for which the permit was issued for only the building shell, if no violations of this code or of related land use and public health ordinances, rules and regulations have been discovered, or if such violations have been discovered and have been corrected, the building official shall issue a certificate of shell completion which shall contain the following:
1. The building permit number.
2. The address of the building.
3. The name and address of the owner.
4. A description of the building or that portion of the building for which the certificate is issued.
5. The name of the building official.
6. A statement that no portion of the building shall be occupied until tenant improvement permits are obtained and occupancy is approved.
7. The edition of the code under which the permit was issued.
8. The type of construction as defined in chapter 6.
9. If an automatic sprinkler system is provided, whether the sprinkler system is required.
10. Any special stipulation and conditions of the building permit.
11. An explanation that the responsibility for the building's compliance with the provisions of the applicable King County codes and for maintenance of the building rests exclusively with the permit applicants and their agents and the building's owners. (Ord. 17837 § 26, 2014: Ord. 14914 § 67, 2004: Ord. 14111 § 34, 2001: Ord. 12560 § 32, 1996. Formerly K.C.C. 16.04.05028).
16.02.500 Certificate of occupancy - Temporary occupancy - Temporary certificates issued. Section 111.3 of the International Building Code is not adopted and the following is substituted:
Temporary certificates issued (IBC 111.3).
The building official may issue a temporary certificate of occupancy or a temporary certificate of shell completion. (Ord. 17837 § 27, 2014: Ord. 14914 § 69, 2004: Ord. 14111 § 35, 2001: Ord. 12560 § 33, 1996. Formerly K.C.C. 16.04.05029).
16.02.510 Temporary certificate issued - Temporary certificate of occupancy. Section 111.3 of the International Building Code is supplemented with the following:
Temporary certificate of occupancy (111.3.1). The building official may issue a temporary certificate of occupancy authorizing occupancy of all or part of an unfinished building or structure or a temporary structure if:
1. The building official determines that construction is substantially completed in the area to be occupied and that essential health, safety and environmental items have been adequately constructed or installed in compliance with the codes;
2. The temporary certificate of occupancy shall contain the same information as a certificate of occupancy along with a list of requirements that remain to be completed, special conditions of temporary occupancy, and dates of temporary occupancy approval and expiration. The temporary certificate of occupancy shall be valid only so long as determined by the building official, and only so long as the occupants of the building or structure strictly abide by the conditions and limitations specified in the temporary certificate of occupancy, and only so long as applicable permits are validly maintained or renewed. (Ord. 17837 § 28, 2014: Ord. 15802 § 12, 2007: Ord. 14914 § 71, 2004: Ord. 14111 § 36, 2001: Ord. 12560 § 34, 1996. Formerly K.C.C. 16.04.05030).
16.02.520 Temporary certificate issued - Temporary certificate of shell completion. Section 111.3. of the International Building Code supplemented with the following:
Temporary certificate of shell completion (IBC 111.3.2). The building official may issue a temporary certificate of shell completion authorizing occupancy for all or part of an unfinished building or structure or a temporary structure if:
1. The building official determines that construction is substantially completed and that essential health, safety and environmental items have been adequately constructed or installed in compliance with the codes;
2. The temporary certificate of shell completion shall contain the same information as the certificate of shell completion along with a list of requirements that remain to be completed, special conditions of temporary shell approval, and the dates of temporary shell approval and expiration. The temporary certificate of shell completion shall be valid only so long as those responsible for the building and structure strictly abide by the conditions and limitations specified in the temporary certificate of shell completion, and only so long as applicable permits are validly maintained or renewed. (Ord. 17837 § 29, 2014: Ord. 15802 § 13, 2007: Ord. 14914 § 73, 2004: Ord. 14111 § 37, 2001: Ord. 12560 § 35, 1996. Formerly K.C.C. 16.04.05031).
16.02.530 Certificate of occupancy - Revocation. Section 111.4 of the International Building Code is not adopted and the following is substituted:
Revocation (IBC 111.4). The building official may, in writing, suspend or revoke a certificate of occupancy and/or a certificate of shell completion issued under the provisions of this code whenever the certificate is issued in error, or on the basis of incorrect information supplied, or when it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of this code. (Ord. 17837 § 30, 2014: Ord. 14914 § 75, 2004: Ord. 14111 § 39, 2001: Ord. 12560 § 37, 1996. Formerly K.C.C. 16.04.05033).
16.02.540 Certificate of occupancy - Posting. Section 111 of the International Building Code is supplemented with the following:
Posting (IBC 111.5). The certificate of occupancy and/or the certificate of shell completion shall be posted in a conspicuous place on the premises and shall not be removed except by the building official. (Ord. 17837 § 31, 2014: Ord. 14914 § 77, 2004: Ord. 14111 § 38, 2001: Ord. 12560 § 36, 1996. Formerly K.C.C. 16.04.05032).
16.02.550 Service utilities. Section 112 of the International Building Code is not adopted. (Ord. 19485 § 23, 2022: Ord. 17837 § 32, 2014: Ord. 14914 § 78, 2004).
16.02.570 Board of appeals - Qualifications. Section 113 of the International Building Code is not adopted. (Ord. 17837 § 34, 2014: Ord. 14914 § 81, 2004).
16.02.580 Violations – Notice of violation. Section 114.2 of the International Building Code is not adopted and the following is substituted:
Notice of violation (IBC 114.2). The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, equipping, removal, demolition or occupancy of a building, structure or equipment or maintaining mechanical systems or equipment in violation of the provisions of the code, or in violation of a permit or certificate issued under the provisions of this code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation in accordance with K.C.C. Title 23. (Ord. 17837 § 35, 2014: Ord. 15802 § 15, 2007: Ord. 14914 § 82, 2004).
16.02.590 Stop work order. Section 115 and all subsections thereto of the International Building Code is not adopted and the following is substituted:
Stop orders and correction notice (IBC 115.1). Whenever any work is being done contrary to the provisions of this code, the building official may order the work stopped in accordance with K.C.C. Title 23 by notice in writing served on any persons engaged in the doing or causing such work to be done, or by posting such notice in a conspicuous place on the premises where the violation is occurring, and any such persons shall forthwith stop such work until authorized by the building official to proceed with the work.
Whenever any work is being done contrary to the provisions of this code, the building official may order the violations corrected without ordering all work stopped by issuing a correction notice which identifies the violation. The correction notice may require reinspection prior to further construction or at the time of the next required inspection. The correction notice shall be served or posted in the same manner as a stop work order.
These remedies are in addition to those authorized elsewhere in the code. (Ord. 17837 § 36, 2014: Ord. 14914 § 84, 2004: Ord. 14111 § 8, 2001: Ord. 12560 § 8, 1996: Formerly K.C.C. 16.04.05003).
16.02.600 Unsafe structures and equipment. Section 116 of the International Building Code is not adopted. (Ord. 17837 § 37, 2014: Ord. 17837 § 37, 2014: Ord. 14914 § 85, 2004).
16.02.610 Liability. The express intent of the King County council is that responsibility for complete and accurate preparation of permit applications, plans and specifications, and for compliance with the provisions of the codes
adopted by this chapter shall rest exclusively with permit applicants and their agents.
This chapter and the codes adopted herein are intended to protect the health, safety and welfare of the general public and are not intended to protect any particular class of individuals or organizations.
This chapter and the codes adopted by reference herein shall not be construed as placing responsibility for code compliance or enforcement upon King County or any officer, employee or agent of King County. Permit application reviews and inspections conducted pursuant to these codes are spot checks designed to foster and encourage compliance but are not guarantees or assurances that permits or work undertaken pursuant to permits complies with all applicable codes.
The King County council expressly recognizes that there are limited public funds available for implementation and enforcement of the codes adopted by this chapter. The King County council also recognizes that permit and inspection fees must be established at levels which balance the need for enforcement of codes adopted by this chapter against the economic impact of increases in permit and inspection fees. Consequently, the fees for permits and services authorized in these codes are those which, in the judgment of the King County council, best protect the overall health, safety and welfare interests of the public. (Ord. 6328 § 6, 1983. Formerly K.C.C. 16.04.110).
Sections:
16.03.010 Scope of chapter and K.C.C. 16.02.110.
16.03.015 Terms defined in other codes.
16.03.020 International Building Code Definitions Not Adopted.
16.03.030 International Property Maintenance Code Definition Not Adopted.
16.03.040 Term amendments.
16.03.050 Abate.
16.03.053 Air admittance valve.
16.03.057 Boiler.
16.03.060 Condominium.
16.03.070 Condominium unit.
16.03.080 Conversion condominium.
16.03.090 Declarant.
16.03.100 Damage ratio.
16.03.110 Declared an emergency.
16.03.120 Department.
16.03.130 Director.
16.03.140 Disaster.
16.03.150 Engineering evaluation.
16.03.160 Health officer.
16.03.170 Historic structure.
16.03.180 Immediately hazardous and dangerous structure.
16.03.190 Nonstructural damage.
16.03.200 Nuisance.
16.03.210 Owners association.
16.03.230 Public offer statement.
16.03.240 Rapid abatement plan.
16.03.250 Structural damage.
16.03.260 Tenant.
16.03.280 Water heater.
16.03.010 Scope of chapter and K.C.C. 16.02.110. This chapter and K.C.C. 16.02.110 contain definitions of technical and procedural terms that are used throughout the title. The definitions in this chapter and K.C.C. 16.02.110 supplement the definitions contained in the International codes adopted in this title. The definitions in this chapter do not apply to K.C.C. chapter 16.82. (Ord. 19485 § 25, 2022: Ord. 14914 § 89, 2004).
16.03.015 Terms defined in other codes.
Section 201.3 of the International Building Code is supplemented with the following:
Terms defined in other codes (IBC 201.3.1). Where terms are not defined in this code and are defined in K.C.C. Title 9, 14, 19A, 21A or 23, such terms shall have the meanings ascribed to them in those Titles. (Ord. 17837 § 38, 2014).
16.03.020 International Building Code Definitions Not Adopted. The following definitions in Section 202 of the International Building Code are not adopted:
A. Base flood;
B. Base flood elevation
C. Coastal high-hazard area;
D. Design flood;
E. Dry floodproofing;
F. Flood hazard area;
G. Flood insurance rate map (FIRM);
H. Flood insurance study;
I. Floodway;
J. Historic buildings;
K. Special flood hazard area; and
L. Substantial improvement.
(Ord. 19485 § 26, 2022: Ord. 17837 § 39, 2014: Ord. 14914 § 90, 2004).
16.03.030 International Property Maintenance Code Definitions Not Adopted. Section 201.3 of the International Property Maintenance Code is not adopted. (Ord. 14914 § 92, 2004: Ord. 14111 § 135, 2001. Formerly K.C.C. 16.16.070).
16.03.040 Term amendments. Whenever the following words appear in the code, they are to be changed as follows:
A. Building official or code official to the department of local services permitting division manager or designee;
B. Name of jurisdiction to unincorporated King County;
C. The department of building and safety to King County department of local services, permitting division; and
D. Design flood elevation to base flood elevation. (Ord. 19485 § 27, 2022: Ord. 18791 § 126, 2018: Ord. 17420 § 50, 2012: Ord. 15802 § 16, 2007: Ord. 14914 § 94, 2004: Ord. 12560 § 2, 1996: Ord. 3647 § 3, 1978. Formerly K.C.C. 16.04.020).
16.03.050 Abate. Abate: to take whatever steps are deemed necessary by the building official to return a property to the condition which is neither dangerous nor a nuisance, or to ensure that the property complies with the applicable requirements of this code. Abatement may include, but is not limited to, repair, rehabilitation, removal, or demolition. (Ord. 14914 § 96, 2004: 14238 § 16, 2001: Ord. 14111 § 160, 2001: Ord. 12560 § 132, 1996. Formerly K.C.C. 16.20.080; 16.04.050129).
16.03.053 Air admittance valve.
Air admittance valve: a device that:
A. Allows air to enter the plumbing drainage system in one direction to protect fixture traps from siphonage when negative pressures develop;
B. Prevents sewer gases from entering the interior building atmosphere during static pressure or positive pressure conditions in the plumbing waste system; and
C. Is listed to ASSE 1051 or ASSE 1050. (Ord. 19485 § 28, 2022).
16.03.057 Boiler.
Boiler: any heating appliance or equipment that:
A. Heats potable water and supplies such water to the potable hot water distribution system; and
B. Exceeds a pressure of 160 pounds per square inch (1103 kPa), a volume of 120 gallons (454 L) or a heat input of 200,000 Btu per hour (58 kW). (Ord. 19485 § 29, 2022).
16.03.060 Condominium. Condominium: real property, including but not limited to residential buildings and mobile home parks, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real property is not a condominium unless the undivided interests in the common elements are vested in the condominium unit owners and unless a declaration and a survey map and plans have been recorded in accordance with the Horizontal Property Regimes Act in chapter 64.32 RCW or the Condominium Act in chapter 64.34 RCW. (Ord. 19485 § 30, 2022: Ord. 14914 § 98, 2004: Ord. 11923 § 1, 1995. Formerly K.C.C. 16.04.030).
16.03.070 Condominium unit. Condominium unit: a physical portion of the condominium designated for separate ownership, the boundaries of which are described in accordance with RCW 64.34.216(1)(D). (Ord. 14914 § 99, 2004).
16.03.080 Conversion condominium. Conversion condominium:
A. A condominium that:
1. At any time before its creation, was lawfully occupied, wholly or partially, by a residential tenant pursuant to a rental agreement, oral or written, express or implied; or
2. At any time before the conveyance of or acceptance of an agreement to convey any unit therein other than to a declarant or any affiliate of a declarant, was lawfully occupied, wholly or partially, by a residential tenant of a declarant or an affiliate of a declarant, and such tenant was not notified in writing prior to lawfully occupying a unit or executing a rental agreement, whichever is first, that the unit was part of condominium and subject to sale.
B. "Conversion condominium" shall not include a condominium in which, before September 3, 1990, any unit therein had been conveyed or been made subject to an agreement to convey to any transferee other than a declarant or an affiliate of a declarant. (Ord. 14914 § 100, 2004).
16.03.090 Damage ratio. Damage ratio: the ratio of the estimated cost of repairs required to restore the structural members of an immediately hazardous and dangerous structure to their pre-event condition to the estimated replacement cost of the structure. (Ord. 14914 § 102, 2004).
16.03.100 Declarant. Declarant: any person or group of persons acting in concert who executes, as declarant, the document, however denominated, that creates a condominium by setting forth the information required by chapter 64.34 RCW or who reserves or succeeds to any special declarant rights under such a document. (Ord. 14914 § 101, 2004).
16.03.110 Declared an emergency. Declared an emergency: an emergency declared in accordance with K.C.C. chapter 12.52. (Ord. 14914 § 103, 2004).
16.03.120 Department. Department: the King County department of local services or its successor. (Ord. 18791 § 127, 2018: Ord. 17420 § 51, 2012: Ord. 14914 § 104, 2004).
16.03.130 Director. Director: the department of local services, permitting division manager, or the manager of the division's successor, or the person designated by the director to act. "Director" includes "building official" and "code official." (Ord. 18791 § 128, 2018: Ord. 17420 § 52, 2012: Ord. 14914 § 105, 2004).
16.03.140 Disaster. Disaster: an event or set of circumstances of catastrophic nature arising from any cause which reaches such a dimension as to demand immediate action to preserve public health, to protect life and property or to provide relief to any stricken community overtaken by such occurrences or which warrants the declaration of a state of emergency or the execution of emergency management operations plans. (Ord. 14914 § 106, 2004).
16.03.150 Engineering evaluation. Engineering evaluation: an evaluation of structural or nonstructural damage or suspected damage to a structure performed by or under direction of an architect who is licensed in the state of Washington, or a civil or structural engineer licensed in the state of Washington. (Ord. 14914 § 107, 2004).
16.03.160 Health officer. Health officer: the legally designated head of the Seattle-King County department of health. (Ord. 14914 § 108, 2004).
16.03.170 Historic structure. Historic structure: any structure, or collection of structures and their associated sites, deemed of importance to the history, architecture or culture of an area by an appropriate local, state or federal governmental jurisdiction. "Historic structure" includes a King County landmark, King County historic resources inventory property, property listed on the national register of historic places, property listed on the Washington state register of historic places, property determined eligible for listing on the national register, and any other property deemed of historic significance by the King County historic preservation officer. (Ord. 14914 § 109, 2004).
16.03.180 Immediately hazardous and dangerous structure. Immediately hazardous and dangerous structure: a structure that has been determined by the director to constitute an immediate safety hazard because the structure, or some portion of that structure, is determined, to be subject to immediate failure, detachment, dislodgment or collapse and is likely to injure persons, damage property or cause other serious public safety problems. (Ord. 14914 § 110, 2004).
16.03.190 Nonstructural damage. Nonstructural damage: damage that has been determined through an engineering evaluation to have the potential to cause injury or death to the occupants or the public, or to have the potential to prevent occupancy due to restricted access or egress. "Nonstructural damage" includes, but is not limited to, damage to parapets, chimneys, ornamentation, cladding, masonry veneer, glazing, interior partitions, cracks in finishes, damage of equipment, furnishing and mechanical or electrical problems not directly related with fire protection or life safety, but that creates a situation where correction is required for safe operation and occupancy. (Ord. 14914 § 111, 2004).
16.03.200 Nuisance. Nuisance: any of the following acts:
A. Any public nuisance known at common law or in equity jurisprudence;
B. Any attractive nuisance that may prove detrimental to persons whether in a building, on the premises of a building or on an unoccupied lot. This includes any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles; any structurally unsound fences or structures; or any lumber, trash, fences, debris or vegetation that may prove a hazard;
C. Whatever is dangerous to human life or is detrimental to health, as determined by the health officer or building official;
D. Overcrowding a room with occupants;
E. Insufficient ventilation or illumination;
F. Inadequate or unsanitary sewage or plumbing facilities;
G. Uncleanliness, as determined by the health officer;
H. Whatever renders air, food or drink unwholesome or detrimental to the health of human beings, as determined by the health officer or building official; or
I. Civil code violations in accordance with K.C.C. Title 23.
(Ord. 14914 § 112, 2004).
16.03.210 Owners association. Owners association: the association of condominium unit owners, organized in accordance with chapter 64.34 RCW, for the purpose of managing a condominium. (Ord. 14914 § 113, 2004).
16.03.230 Public offer statement. Public offer statement: a document offering condominium units for sale and providing descriptions and disclosures relating to the condominium pursuant to chapter 64.34 RCW. (Ord. 14914 § 115, 2004).
16.03.240 Rapid abatement plan. Rapid abatement plan: a plan prepared in accordance with K.C.C. chapter 16.14, for the abatement of an immediately hazardous and dangerous structure damaged by disaster resulting in a declared emergency. (Ord. 14914 § 116, 2004).
16.03.250 Structural damage. Structural damage: damage that has been determined through an engineering evaluation to have significantly decreased the structural integrity or the vertical and lateral load carrying capacity of the structural frame of a structure. Structural damage includes, but is not limited to, damage to roof or floor systems, columns, diaphragms, walls or vertical bracing, moment frames, framing connections, precast connections, base plate damage, weld failures or serious foundations damage. (Ord. 14914 § 117, 2004).
16.03.260 Tenant. Tenant: any person who is entitled to occupy a rental unit primarily for living or dwelling purposes under a rental or lease agreement, written or oral, express or implied. The term "tenant" also includes a subtenant who is in occupancy with the consent of the owner. (Ord. 14914 § 118, 2004).
16.03.280 Water heater.
Water heater: any heating appliance or equipment that:
A. Heats potable water and supplies such water to the potable hot water distribution system; and
B. Does not exceed a pressure of 160 pounds per square inch (1,103 kPa), a volume of 120 gallons (454 L) and a heat input of 200,000 Btu per hour (58 kW). (Ord. 19485 § 31, 2022).
Sections:
16.04.250 General building heights and areas - Premises identification.
16.04.260 General height and area limitations - General - Portable classrooms - Fire hydrants and access.
16.04.270 General height and area limitations - General - Portable classrooms – Location.
16.04.290 Fire-protection systems - General - Scope.
16.04.300 Automatic sprinkler systems - General.
16.04.310 Automatic sprinkler systems - All occupancies.
16.04.330 Automatic sprinkler systems - IRC occupancies.
. 16.04.344 Doors, gates and turnstiles - Doors.
16.04.346 Doors, gates and turnstiles - Doors.
16.04.348 Stairways.
16.04.360 Under Floor Ventilation - Exception.
16.04.370 Sound transmission – Seattle-Tacoma sound reduction standards.
16.04.380 Performance requirements - Flood resistance.
16.04.390 Performance requirements – Flood resistance for coastal high-hazard areas.
16.04.400 Construction documents - Flood load.
16.04.410 Snow loads.
16.04.420 Flood loads - Establishment of flood hazard areas.
16.04.430 Flood loads - Design and construction.
16.04.440 Flood loads - Flood hazard documentation.
16.04.450 Excavation, grading and fill - Grading and fill in floodways.
16.04.455 Footings and foundations - Foundation walls.
16.04.470 Footings and foundation - foundation walls - Table 1805.5(6) Seismic Zone D - Concrete Foundation Walls1, 2, 3, 4, 5, 12 For Single Family and Duplex Residences (in effect until January 1, 2023).
16.04.480 Damproofing and waterproofing - Under floor space - Flood hazard areas.
16.04.490 Plumbing systems - Minimum plumbing facilities - Minimum number of fixtures.
16.04.550 Appendix Z, Sound transmission control - Sea-Tac sound reduction standards - Purpose (takes effect January 1, 2023).
16.04.560 Appendix Z, Sound transmission control - Scope (in effect until January 1, 2023).
16.04.560 Appendix Z, Sound transmission control - Scope (takes effect January 1, 2023).
16.04.570 Appendix Z, Sound transmission control - Application to existing buildings.
16.04.580 Appendix Z, Sound transmission control - Details.
16.04.590 Appendix Z, Sound transmission control - Fees (in effect until January 1, 2023).
16.04.600 Appendix Z, Sound Transmission - Definitions.
16.04.610 Appendix Z, Sound transmission control - Design requirements.
16.04.620 Appendix Z, Sound transmission control - Sea-Tac noise program area (in effect until January 1, 2023).
16.04.620 Appendix Z, Sound transmission control - Seattle-Tacoma noise program area (takes effect January 1, 2023).
16.04.630 Appendix Z, Sound transmission control - Air leakage for all buildings.
16.04.640 Appendix Z, Sound transmission control - Building requirements for a noise level reduction of 25 dB compliance (in effect until January 1, 2023).
16.04.650 Appendix Z, Sound transmission control - Exterior walls 25 dB compliance (in effect until January 1, 2023).
16.04.660 Appendix Z, Sound transmission control - Exterior windows 25 dB compliance (in effect until January 1, 2023).
16.04.670 Appendix Z, Sound transmission control - Exterior doors 25 dB compliance (in effect until January 1, 2023).
16.04.680 Appendix Z, Sound transmission control - Roofs 25 dB compliance (in effect until January 1, 2023).
16.04.690 Appendix Z, Sound transmission control - Ceilings 25 dB compliance (in effect until January 1, 2023).
16.04.700 Appendix Z, Sound transmission control - Ventilation 25 dB compliance (in effect until January 1, 2023).
16.04.710 Appendix Z, Sound transmission control - Building requirements for a noise level reduction of 30 dB compliance.
16.04.720 Appendix Z, Sound transmission control - Exterior walls 30 dB compliance.
16.04.730 Appendix Z, Sound transmission control - Exterior windows 30 dB compliance.
16.04.740 Appendix Z, Sound transmission control - Exterior doors 30 dB compliance.
16.04.750 Appendix Z, Sound transmission control - Roofs 30 dB compliance.
16.04.760 Appendix Z, Sound transmission control - Ceilings 30 dB compliance.
16.04.770 Appendix Z, Sound transmission control - Floors 30 dB compliance (in effect until January 1, 2023).
16.04.770 Appendix Z, Sound transmission control - Floors 30 dB compliance (takes effect January 1, 2023).
16.04.780 Appendix Z, Sound transmission control - Ventilation 30 dB compliance.
16.04.790 Appendix Z, Sound transmission control - Building requirements for a noise level reduction of 35 dB compliance.
16.04.800 Appendix Z, Sound transmission control - Exterior walls 35 dB compliance.
16.04.810 Appendix Z, Sound transmission control - Exterior windows 35 dB compliance.
16.04.820 Appendix Z, Sound transmission control - Exterior doors 35 dB compliance.
16.04.830 Appendix Z, Sound transmission control - Roofs 35 dB compliance.
16.04.840 Appendix Z, Sound transmission control - Ceiling 35 dB compliance.
16.04.850 Appendix Z, Sound transmission control - Floors 35 dB compliance.
16.04.860 Appendix Z, Sound transmission control - Ventilation 35 dB compliance.
16.04.890 Mandatory residential inspection of conversion condominium.
16.04.900 Conversion condominium warranty of repairs and escrow fund.
16.04.920 Site improvement financial guarantee.
16.04.930 Individual mobile homes - Purpose and applicability.
16.04.940 Individual mobile homes - Location.
16.04.940 Individual mobile homes - Location.
16.04.950 Individual mobile homes - Standards.
16.04.960 Individual mobile homes - Required permits and application content.
16.04.970 Factory-built commercial structures and coaches - Standards.
16.04.980 Inspection and enforcement.
16.04.250 General building heights and areas - Premises identification. Section 502.1 of the International Building Code is not adopted and the following is substituted:
Premises identification (IBC 502.1). Approved numbers or addresses shall be provided for all new buildings in such a position as to be plainly visible and legible from the road fronting the property as specified in K.C.C. 16.08.050. (Ord. 19485 § 32, 2022: Ord. 14914 § 132, 2004: Ord. 14111 § 48, 2001: Ord. 12560 § 43, 1996. Formerly K.C.C. 16.04.05039).
16.04.260 General height and area limitations – General – Portable classrooms – Fire hydrants and access. Section 503.1 of the International Building Code is supplemented with the following:
Portable classrooms – Fire hydrants and access (503.1.5). The location of portable classrooms on a site with existing buildings shall be approved by the fire marshal with respect to hydrant locations, access roads and available water for fire fighting purposes. (Ord. 19485 § 33, 2022: Ord. 17837 § 41, 2014: Ord. 15802 § 18, 2007: Ord. 14914 § 133, 2004).
16.04.270 General height and area limitations - General - Portable classrooms - Location. Section 503.1 of the International Building Code is supplemented with the following:
Portable classrooms - Location (IBC 503.1.6). Portable classrooms located within 60 feet of any permanent buildings shall be located with a minimum clear space of 20 feet from any other portable classrooms and from the permanent buildings.
EXCEPTIONS:
1. Portable classrooms located in close proximity to each other and more than 60 feet from permanent buildings, may be considered as portions of one building with no minimum clearance or protection between them. The aggregate area of a cluster of portable classrooms considered as one building must meet the area limits specified in IBC 503.
2. Portable classrooms located more than 20 feet from permanent buildings with exterior wall protection that is continuous through the crawlspace or skirted area may be located as follows:
2.1. When either of two portables has exterior wall protection rated for not less than one hour, with no openings or openings that comply with the area limits of IBC 705.8, the minimum clear space shall be 10 feet from any other portable.
2.2. When both of two portables have exterior wall protection rated for not less than one hour with no openings, the minimum clear space shall be 5 feet from any other portable.
3. Portable classrooms may be placed within 60 feet of any building if the buildings comply with area limitations in IBC 503 as modified by IBC 506. Calculations substantiating compliance of existing and proposed buildings with IBC 503 as modified by IBC 506 shall be required as part of the permit application documents. (Ord. 19485 § 34, 2022: Ord. 17837 § 42, 2014: Ord. 15802 § 19, 2007: Ord. 14914 § 135, 2004: Ord. 14111 § 49, 2001: Ord. 12560 § 44, 1996. Formerly K.C.C. 16.04.05040).
16.04.290 Fire-protection systems - General - Scope. Section 901.1 of the International Building Code is not adopted and the following is substituted:
Scope (IBC 901.1). Fire protection and life safety systems shall comply with the International Fire Code as amended by K.C.C. Title 17. (Ord. 19485 § 35, 2022: Ord. 14914 § 139, 2004: Ord. 14111 § 50, 2001: Ord. 12560 § 45, 1996. Formerly K.C.C. 16.04.05041).
16.04.300 Automatic sprinkler systems - General. Section 903.1 of the International Building Code is not adopted and the following is substituted:
General (IBC 903.1). Automatic sprinkler systems shall comply with the International Fire Code as amended by K.C.C. Title 17. (Ord. 19485 § 36, 2022: Ord. 14914 § 141, 2004).
16.04.310 Automatic sprinkler systems - All occupancies. Section 903.2 of the International Building Code is not adopted and the following is substituted:
Where required (IBC 903.2). Sprinklers shall comply with the International Fire Code as amended by K.C.C. Title 17. (Ord. 19485 § 37, 2022: Ord. 17837 § 43, 2014: Ord. 14914 § 143, 2004: Ord. 14111 § 52, 2001: Ord. 12560 § 47, 1996. Formerly K.C.C. 16.04.05043).
16.04.330 Automatic sprinkler systems - IRC occupancies. Section 903.2 of the International Building Code is supplemented with the following:
All occupancies (IBC 903.2.13). An automatic sprinkler system shall be installed in buildings constructed under the International Residential Code in accordance with the International Fire Code as amended by K.C.C. Title 17. (Ord. 19485 § 38, 2022: Ord. 17837 § 45, 2014: Ord. 14914 § 148, 2004: Ord. 14111 § 55, 2001. Formerly K.C.C. 16.04.050453).
16.04.344 Doors, gates and turnstiles – Doors. Section 1010.1.4 of the International Building Code is not adopted and following is substituted:
Special Doors (IBC 1010.1.4) Special doors and security grilles shall comply with the requirements of IBC 1010.1.4.1 through 1010.1.4.6. (Ord. 19485 § 39, 2022: Ord. 17837 § 47, 2014: Ord. 15802 § 23, 2007).
16.04.346 Doors, gates and turnstiles – Doors. Section 1010.1.4 of the International Building Code is supplemented with the following:
Mini-storage facility storage room doors (IBC 1010.1.4.6). The access doors to storage rooms in mini-storage facilities shall meet the provisions of IBC 1010.1.2 and 1010.1.9.
EXCEPTION: If the storage room has less than 300 square feet of floor area, the access doors are not required to meet the provisions of IBC 1010.1.2 and 1010.1.9 under the following circumstances:
1. If the facility has any storage room with 300 square feet or less of floor area, at least one storage room shall comply with IBC 1010.1.2 and 1010.1.9; and
2. For every 10 storage rooms with 300 square feet or less of floor area, the facility has at least one additional storage room with a door that complies with IBC 1010.1.2 and 1010.1.9. (Ord. 19485 § 40, 2022: Ord. 17837 § 48, 2014: Ord. 15802 § 24, 2007).
16.04.348 Stairways. Section 1011 of the International Building Code is supplemented with:
Stairways to mechanical rooms (IBC 1011.17). Platforms and rooms, used only to attend equipment, that are less than 300 square feet in area or have less than 5 feet of headroom are exempted from the requirement of IBC 1011.1 through 1011.16. (Ord. 19485 § 41, 2022: Ord. 17837 § 49, 2014: Ord. 15802 § 25, 2007).
16.04.360 Under Floor Ventilation - Exception. Section 1202.4.1 of the International Building Code is supplemented with the following:
Under Floor Ventilation – Exception (IBC 1202.4.1.3). The following exception applies to IBC 1202.4: 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 International Energy Conservation Code, Commercial chapter 51-11C WAC and International Energy Conservation Code. (Ord. 19485 § 42, 2022: Ord. 17837 § 50, 2014: Ord. 14914 § 155, 2004).
16.04.370 Sound transmission – Seattle-Tacoma sound reduction standards. Section 1206 of the International Building Code is supplemented with the following:
Seattle-Tacoma sound reduction standards (IBC 1206.4). All buildings or structures constructed or placed in use for human occupancy on sites in the vicinity of Seattle-Tacoma International Airport that have been included within the Port of Seattle Noise Remedy Boundary shall comply with the provisions in supplemental IBC Appendix Z as adopted by King County. (Ord. 19485 § 43, 2022: Ord. 15802 § 27, 2007: Ord. 14914 § 156, 2004).
16.04.380 Performance requirements – Flood resistance. Section 1402.6 of the International Building Code is not adopted and the following is substituted:
Performance requirements – Flood resistance (IBC 1402.6). For buildings in flood hazard areas as established in K.C.C. chapter 21A.24, exterior walls extending below the base flood elevation shall comply with K.C.C. chapter 21A.24. (Ord. 19485 § 44, 2022: Ord. 15802 § 28, 2007: Ord. 14914 § 157, 2004).
16.04.390 Performance requirements – Flood resistance for coastal high-hazard areas. Section 1402.7 of the International Building Code is not adopted and the following is substituted:
Performance requirements – Flood resistance for coastal high-hazard areas (IBC 1402.7). Coastal high-hazard area standards shall be in accordance with K.C.C. chapter 21A.24. (Ord. 19485 § 45, 2022: Ord. 15802 § 29, 2007: Ord. 14914 § 158, 2004).
16.04.400 Construction documents - Flood load. Section 1603.1.7 of the International Building Code is not adopted. (Ord. 19485 § 46, 2022: Ord. 14914 § 159, 2004).
16.04.410 Snow loads. Section 1608 of the International Building Code is not adopted and the following is substituted:
Snow loads (IBC 1608). Snow loads shall be determined in accordance with King County Rule "Structural Loading: Minimum Roof Snow Loads". The minimum roof design snow load shall be 25 pounds per square feet. (15802 § 30, 2007: Ord. 14914 § 161, 2004: Ord. 14111 § 60, 2001: Ord. 12560 § 50, 1996. Formerly K.C.C. 16.04.05046).
16.04.420 Flood loads - Establishment of flood hazard areas. Section 1612.3 of the International Building Code is not adopted. (Ord. 14914 § 162, 2004).
16.04.430 Flood loads - Design and construction. Section 1612.2 of the International Building Code is not adopted. (Ord. 19485 § 47, 2022: Ord. 14914 § 163, 2004).
16.04.440 Flood loads - Flood hazard documentation. Section 1612.4 of the International Building Code is not adopted and the following is substituted:
Flood hazard documentation (IBC 1612.4). For construction in flood hazard areas the applicant shall provide actual as-built elevation certificate by a professional civil engineer or land surveyor licensed by the state of Washington. (Ord. 19485 § 48, 2022: Ord. 14914 § 164, 2004).
16.04.450 Excavation, grading and fill - Grading and fill in floodways. Section 1804.5 of the International Building Code is not adopted and the following is substituted:
Grading and fill in floodways (IBC 1804.5). Excavation, grading and fill in floodways shall be in accordance with K.C.C. chapter 21A.24. (Ord. 19485 § 49, 2022: Ord. 14914 § 165, 2004).
16.04.470 Footings and foundation - foundation walls - Table 1805.5(6) Seismic Zone D - Concrete Foundation Walls1, 2, 3, 4, 5, 12 For Single Family and Duplex Residences. Section 1805.5 of the International Building Code is supplemented by the following table:
Table 1805.5(6) Seismic Zone D - Concrete Foundation Walls1, 2, 3, 4, 5, 12 For Single Family And Duplex Residences. Table 1805.5(6) Foundation wall reinforcement requirements for Single Family and Duplex Residential Occupancies and Private Garage occupancies only.12
|
Minimum Wall Thickness |
Maximum Wall Height (ft.)5 |
Maximum Unbalanced Backfill (ft.)1,2 |
Minimum Vertical Reinforcement 6 |
Minimum Horizontal Reinforcement6 |
Anchor Bolt Spacing 10 |
Wall top support11 |
|
|
1/2" |
5/8" |
||||||
|
6" |
4'6" |
3' |
#4 @ 48" O.C. |
#4 @ 48" O.C7 |
72" |
72" |
A |
|
6" |
4' 6" |
4' |
#4 @ 48" O.C. |
#4 @ 48" O.C.7 |
42" |
53" |
A |
|
8" |
8' |
4' |
#4 @ 48" O.C. |
#4 @ 48" O.C.7 |
72" |
72" |
A |
|
8" |
9' |
4' |
#4 @ 48" O.C. |
#4 @ 36" O.C.8 |
72" |
72" |
A |
|
8" |
9' |
5' |
#4 @ 36"O.C.9 |
#4 @ 36"O.C.8 |
42" |
48" |
B |
|
8" |
9' |
6' |
#4 @ 20" O.C.9 |
#4 @ 36" O.C.8 |
24" |
30" |
B |
|
8" |
9' |
7' |
#4 @ 16" O.C.9 |
#4 @ 36" O.C.8 |
16" |
20" |
C |
|
8" |
9' |
8' |
#4 @ 12" O.C.9 |
#4 @ 36" O.C.8 |
10" |
12" |
C |
Footnotes:
1. A design in accordance with accepted engineering practice shall be provided when any of the following exist:
a. Walls are subject to hydrostatic pressure from groundwater.
b. Walls supporting more than 48" of unbalanced backfill that do not have permanent lateral support at the top and bottom. Unbalanced backfill height is the difference in height of the exterior and interior finish ground levels.
2. The floor diaphragm shall be completed before backfilling or the foundation wall sufficiently braced to prevent damage by the backfill.
3. This table is designed for use in the following soil classes in accordance with the United Soil Classification system: GW, GP, SW, SP and GM (40 pcf active soil pressure.) Refer to Tables R405.1 and 1610.1.
4. This table is not intended to prevent temperature and shrinkage cracks. Reinforcing steel shall be placed on tension side of the wall and provided not less than 3/4 inch cover from the face of the wall. In concrete cast against earth reinforcing shall be placed a minimum of 3 inches from the soil.
5. Wall height is measured as the vertical distance from the top of the wall to the top of the footing.
6. Reinforcing steel used in this table is based on the use of reinforcement with a minimum yield strength of 40,000 psi.
7. All foundations shall include (1) #4 rebar at the top of the wall and (2) #4 in the bottom of the footing, continuous horizontal reinforcing.
8. Foundations with over 4 feet of unbalanced fill or with walls over 8 feet in height shall include at least (1) #4 rebar in the top 12" of the wall and (2) #4 rebar in the bottom of the footing, continuous horizontal reinforcing.
9. The distance from the face of the soil side of the wall to the center of vertical reinforcement shall be at least 5 inches in an 8-inch wall.
10. When braced wall panels are supported directly on continuous foundations, the wall sill plate shall be anchored to the foundation as follows: The wood sole plate and wood sill plate shall be anchored to the foundation with anchor bolts spaced a maximum of 6 feet (1829 mm) on center. There shall be a minimum of two bolts per plate section. Bolts shall be at least 1/2 inch (12.7 mm) in diameter and shall extend a minimum of 7 inches (178 mm) into concrete. A nut and 0.229" x 3" x 3" washer shall be tightened on each bolt to the plate (Section 2308.3 IBC; R403.1.6 International Residential Code.)
11. Prescriptive Support Requirements:
|
Type |
Joist/blocking Attachment Requirement |
|
A. |
3 8d per joist per Table R602.3(1) |
|
B. |
1 20 gage angle clip each joist with 5 8d per leg. |
|
C. |
1 1/4 inch thick steel angle. Horizontal leg attached to sill bolt adjacent to joist/blocking, vertical leg attached to joist/blocking with 1/2 inch minimum diameter bolt and a framing anchor that will resist a reaction of 380 pounds. |
12. The provisions of this table may be applied to Group R-3 and Group U occupancies, and townhouses as defined in Section 202 International Residential Code. (Ord. 15802 § 32, 2007: Ord. 14914 § 167, 2004).
16.04.475 Footings and foundations – foundation walls – foundation wall materials. Section 1805.5.2 of the International Building Code is not adopted and the following is substituted:
Foundation wall materials (IBC 1805.5.2). Concrete foundation walls constructed in accordance with Table 1805.5(5) or Table 1805.5(6) shall comply with Section 1805.5.2.1. Masonry foundation walls constructed in accordance with Table 1805.5(1), 1805.5(2), 1805.5(3) or 1805.5(4) shall comply with Section 1805.5.2.2. (Ord. 15802 § 34, 2007).
16.04.480 Damproofing and waterproofing – Under floor space - Flood hazard areas. Section 1805.1.2.1 of the International Building Code is not adopted and the following is substituted:
Flood hazard areas (IBC 1805.1.2.1). For buildings and structures in flood hazard areas as established in K.C.C. chapter 21A.24, fully enclosed areas below the lowest floor and below the flood protection elevation, including crawl spaces and attached garages, shall be in accordance with K.C.C. chapter 21A.24. (Ord. 19485 § 50, 2022: Ord. 14914 § 168, 2004).
16.04.490 Plumbing systems - Minimum plumbing facilities - Minimum number of fixtures. Section 2902.1 of the International Building Code is not adopted and the following is substituted:
Minimum number of fixtures (IBC 2902.1). The number of plumbing fixtures within a building shall not be less than what is required by IBC 2902. Fixtures located within gender-neutral toilet and bathing rooms shall be included in determining the number of fixtures provided in an occupancy. The director is authorized to determine the number of plumbing fixtures within a building and to enforce this section. (Ord. 19485 § 51, 2022: Ord. 18683 § 9, 2018: Ord. 14914 § 174, 2004: Ord. 14111 § 65, 2001: Ord. 12560 § 54, 1996. Formerly K.C.C. 16.04.05050).
16.04.550 Appendix Z, Sound transmission control - Sea-Tac sound reduction standards - Purpose. The International Building Code is supplemented with the following appendix:
Purpose (IBC AZ 101). The purpose of these sections is to safeguard life, health, property and public welfare by establishing minimum requirements regulating the design, construction and siting of buildings for human occupancy within the Seattle-Tacoma International Airport’s Noise Remedy Boundary as established by the Port of Seattle pursuant to the 2013 Part 150 Noise Compatibility Study. These sections are not intended to abridge any safety or health requirements required under any other applicable codes or ordinances. (Ord. 19485 § 52, 2022: Ord. 15802 § 39, 2007: Ord. 14914 § 187, 2004: Ord. 14111 § 84, 2001: Ord. 12560 § 67, 1996. Formerly K.C.C. 16.04.05064).
16.04.560 Appendix Z, Sound transmission control - Scope. The International Building Code is supplemented with the following appendix:
Scope (IBC AZ 102). The provisions of this section shall apply to all buildings or structures constructed or placed for human occupancy on sites within the Seattle-Tacoma International Airport’s Noise Remedy Boundary;
1. Relocated structures shall comply with all requirements of this chapter and
2. Manufactured or mobile homes located in mobile home parks shall be exempt from these requirements.
This chapter is intended to supplement the provisions of the International Residential Code the International Mechanical Code, the Washington state Energy Code and the International Building Code. In the case of conflict between the chapter and any other applicable codes the more restrictive requirements shall be met. (Ord. 19485 § 53, 2022: Ord. 15802 § 40, 2007: Ord. 14914 § 189, 2004: Ord. 14111 § 85, 2001: Ord. 12560 § 68, 1996. Formerly K.C.C. 16.04.05065).
16.04.570 Appendix Z, Sound transmission control - Application to existing buildings. The International Building Code is supplemented by the following appendix:
Application to existing buildings (IBC AZ 103). Additions may be made to existing buildings or structures without making the entire building structure comply with all the requirements of this chapter for new construction. Additions shall be made to comply in the areas being added to the extent that it is deemed practical and effective by the director in meeting the intent of this chapter.
Any change of use in the occupancy or use of a building previously unapproved for human occupancy to human occupancy use or one previously unused for sleeping purposes to sleeping use shall not be permitted unless the building, structure or portion of the building complies with this chapter. (Ord. 17420 § 53, 2012: Ord. 15802 § 41, 2007: Ord. 14914 § 191, 2004: Ord. 14111 § 86, 2001: Ord. 12560 § 69, 1996. Formerly K.C.C. 16.04.05066).
16.04.580 Appendix Z, Sound transmission control - Details. The International Building Code is supplemented by the following appendix:
Details (IBC AZ 104). The plans and specifications shall show in sufficient detail all pertinent data and features of the building, equipment and systems, as herein governed, including, but not limited to: exterior envelope component materials; STC rating of applicable component assemblies; R‑values of applicable insulation materials; size and type of apparatus and equipment; equipment and system controls and other pertinent data to indicate conformance with the requirements herein. (Ord. 15802 § 42, 2007: Ord. 14914 § 193, 2004: Ord. 14111 § 87, 2001: Ord. 12560 § 70, 1996. Formerly K.C.C. 16.04.05067).
16.04.600 Appendix Z, Sound Transmission - Definitions. The International Building Code is supplemented by the following appendix:
Definitions (IBC AZ 106).
NOISE REDUCTION COEFFICIENT (NRC) is the arithmetic average of the sound absorption coefficients of a material at 250, 500, 1000, and 2000 Hz.
SOUND TRANSMISSION CLASS (STC) is single‑number rating for describing sound transmission loss of a wall, roof, floor, window, door, partition or other individual building components or assemblies. (Ord. 15802 § 44, 2007: Ord. 14914 § 197, 2004: Ord. 14111 § 89, 2001: Ord. 12560 § 72, 1996. Formerly K.C.C. 16.04.05069).
16.04.610 Appendix Z, Sound transmission control - Design requirements. The International Building Code is supplemented by the following appendix:
Design requirements (IBC AZ 107). The criteria of these sections establish the minimum requirements for acoustic design of the exterior envelope of buildings and for HVAC systems and its parts. These requirements shall apply to all buildings for human occupancy within the Sea‑Tac Noise Program Areas. (Ord. 15802 § 45, 2007: Ord. 14914 § 199, 2004: Ord. 14111 § 90, 2001: Ord. 12560 § 73, 1996. Formerly K.C.C. 16.04.05070).
16.04.620 Appendix Z, Sound transmission control - Seattle-Tacoma noise program area. The International Building Code is supplemented with the following appendix:
Seattle-Tacoma noise program area (IBC AZ 108). Noise-determined construction requirements detailed in this chapter shall be applied to new construction and additions within the designated areas of the Port of Seattle's Noise Remedy Boundary, except for not-normally-inhabited portions of warehouses, storage buildings and similar structures as determined by the director. Specific construction requirements are:
1. Bedrooms shall comply with IBC AZ 125 which is designed to achieve a noise reduction of 35 dB.
2. All other living and working areas shall comply with IBC AZ 117 which is designed to achieve a noise reduction level of 30 dB. (Ord. 19485 § 54, 2022: Ord. 15802 § 46, 2007: Ord. 14914 § 201, 2004: Ord. 14111 § 91, 2001: Ord. 12560 § 74, 1996. Formerly K.C.C. 16.04.05071).
16.04.630 Appendix Z, Sound transmission control - Air leakage for all buildings. The International Building Code is supplemented by the following appendix:
Air leakage for all buildings (IBC AZ 109).
(a) The requirements of this section shall apply to the design of the exterior envelope of all buildings in the Sea‑Tac Noise Program Area designed for human occupancy. The requirements of this section are not applicable to the separation of interior spaces from each other.
(b) The following limitations shall be sealed, caulked, gasketed, or weather-stripped to limit or eliminate air leakage:
1) Exterior joints around window and door frames between the window or door frame and the framing.
2) Openings between walls and foundations.
3) Between the wall sole plate and the rough flooring.
4) Opening at penetrations of utility services through walls, floor, and roofs.
5) Between wall panels at corners.
6) All other openings in the building envelope.
(c) Through the wall, floor, or roof/ceiling penetrations not specifically addressed in these sections shall be designed to limit sound transmission and shall have the same average laboratory sound transmission classification as required for doors. (Ord. 15802 § 47, 2007: Ord. 14914 § 203, 2004: Ord. 14111 § 92, 2001: Ord. 12560 § 75, 1996. Formerly K.C.C. 16.04.05072).
16.04.710 Appendix Z, Sound transmission control - Building requirements for a noise level reduction of 30 dB compliance. The International Building Code is supplemented by the following appendix:
Building requirements for a noise level reduction of 30 dB compliance (IBC AZ 117). Compliance with AZ 118 through AZ 124 shall be deemed to meet requirements for a minimum noise level reduction (NLR) of 30 decibels. (Ord. 15802 § 55, 2007: Ord. 14914 § 219, 2004: Ord. 14111 § 100, 2001: Ord. 12560 § 83, 1996. Formerly K.C.C. 16.04.05080).
16.04.720 Appendix Z, Sound transmission control - Exterior walls 30 dB compliance. The International Building Code is supplemented by the following appendix:
Exterior walls 30 dB compliance (IBC AZ 118).
(a) Exterior walls, other than as described in this section, shall have a laboratory sound transmission class rating of at least STC‑35; or
(b) Masonry walls having a weight of at least 40 pounds per square foot do not require a furred (stud) interior wall. At least one surface of concrete block walls shall be plastered.
(c) Stud walls shall be at least 4" in nominal depth and shall be finished on the outside with solid sheathing under an approved exterior wall finish.
1. Interior surface of the exterior walls shall be of gypsum board or plaster at least 1/2 inch thick, installed on the studs. The gypsum board or plaster may be fastened rigidly to the studs if the exterior is brick veneer or stucco. If the exterior is siding, the interior gypsum board or plaster must be fastened resiliently to the studs.
2. Continuous composition board, plywood, or gypsum board sheathing at least 3/4" thick shall cover the exterior side of the wall studs.
3. Sheathing panels shall be covered on the exterior with overlapping building paper.
4. Insulation material at least R‑11 shall be installed continuously throughout the cavity space behind the exterior sheathing and between wall studs. Insulation shall be glass fiber or mineral wool. (Ord. 15802 § 56, 2007: Ord. 14914 § 221, 2004: Ord. 14111 § 101, 2001: Ord. 12560 § 84, 1996. Formerly K.C.C. 16.04.05081).
16.04.730 Appendix Z, Sound transmission control - Exterior windows 30 dB compliance. The International Building Code is supplemented by the following appendix:
Exterior window 30 dB compliance (IBC AZ 119).
(a) Windows other than as described in this section shall have a laboratory sound transmission class rating of at least STC‑33; or
(b) Windows shall be double glazed with panes at least 1/8” thick. Panes of glass shall be separated by a minimum 1/2" airspace.
(c) Double‑glazed windows shall employ fixed sash or efficiently weather-stripped, operable sash. The sash shall be rigid and weather-stripped with material that is compressed airtight when the window is closed so as to conform to an air infiltration test not to exceed 0.5 cubic foot per minute per foot of crack length in accordance with ASTM E‑283‑65‑T.T.
(d) Glass shall be sealed in an airtight manner with a nonhardening sealant or a soft elastomer gasket or gasket tape.
(e) The perimeter of window frames shall be sealed airtight to the exterior wall construction with a sealant conforming to one of the following Federal specifications: TT‑S‑0027, TT‑S-00230 or TT‑S‑00153. (Ord. 15802 § 57, 2007: Ord. 14914 § 223, 2004: Ord. 14111 § 102, 2001: Ord. 12560 § 85, 1996. Formerly K.C.C. 16.04.05082).
16.04.740 Appendix Z, Sound transmission control - Exterior doors 30 dB compliance. The International Building Code is supplemented by the following appendix:
Exterior doors 30 dB compliance (IBC AZ 120).
(a) Doors other than as described in this section shall have a laboratory sound transmission class rating of at least STC‑33; or
(b) Double door construction is required for all door openings to the exterior. Openings fitted with side‑hinged doors shall have one solid core of wood or be an insulated hollow metal door at least 1‑3/4" thick separated by an airspace of at least 3" from another door, which can be a storm door. Both doors shall be tightly fitted and weather-stripped.
(c) The glass of double glazed sliding doors shall be separated by a minimum 1/2" airspace. Each sliding frame shall be provided with an efficiently airtight weather‑stripping material as that conforms to an air infiltration test not to exceed 0.2 cubic feet per minute per foot of crack length in accordance with ASTM E-283-65-T.
(d) Glass (over two square feet in area) of all doors shall be at least 3/16" thick. Glass of double sliding doors shall not be equal in thickness.
(e) The perimeter of door frames shall be sealed airtight to the exterior wall construction (framing) with a sealant conforming to one of the following Federal specifications: TT-S-0227, TT-S-00230 or TT-S-00153.
(f) Glass in doors shall be sealed in an airtight nonhardening sealant or in a soft elastomer gasket or glazing tape. (Ord. 15802 § 58, 2007: Ord. 14914 § 225, 2004: Ord. 14111 § 102, 2001: Ord. 12560 § 86, 1996. Formerly K.C.C. 16.04.05083).
16.04.750 Appendix Z, Sound transmission control - Roofs 30 dB compliance. The International Building Code is supplemented by the following appendix:
Roofs 30 dB compliance (IBC AZ 121).
(a) Combined roof and ceiling construction other than described in this section and AZ 122 shall have a laboratory sound transmission class rating of at least STC-44; or
(b) With an attic or rafter space at least 6" deep, and with a ceiling below, the roof shall consist of 3/4" composition board, plywood or gypsum board sheathing topped by roofing as required.
(c) Open beam roof construction shall follow the energy insulation standard method for batt insulation, except use 1" plywood decking with shakes or other suitable roofing material.
(d) Window or dome skylights shall have a laboratory sound transmission class rating of at least STC‑33. (Ord. 15802 § 59, 2007: Ord. 14914 § 227, 2004: Ord. 14111 § 104, 2001: Ord. 12560 § 87, 1996. Formerly K.C.C. 16.04.05084).
16.04.760 Appendix Z, Sound transmission control - Ceilings 30 dB compliance. The International Building Code is supplemented by the following appendix:
Ceilings 30 dB compliance (IBC AZ 122).
(a) Gypsum board or plaster ceilings at least 5/8" thick shall be provided where required by AZ 121(b) above. Ceilings shall be substantially airtight with a minimum of penetrations.
(b) Glass fiber or mineral wool insulation of least R‑19 shall be provided above the ceiling between joists. (Ord. 15802 § 60, 2007: Ord. 14914 § 229, 2004: Ord. 14111 § 105, 2001: Ord. 12560 § 88, 1996. Formerly K.C.C. 16.04.05085).
16.04.770 Appendix Z, Sound transmission control - Floors 30 dB compliance. The International Building Code is supplemented with the following appendix:
Floors 30 dB compliance (IBC AZ 123). The floor of the lowest occupied rooms shall be slab on fill, below grade or over a fully enclosed basement or crawl space. All door and window openings in the fully enclosed basement shall be tightly fitted.
EXCEPTION: Floors over fully enclosed garages or over carports shall have a laboratory sound transmission class rating of at least STC-35. The floor over the garage or carport shall be insulated to not less than R-19, but not less than that specified by the International Energy Conservation Code and enclosed with one layer of 5/8" type ‘X' GWB on the garage or carport side or any equivalent approved garage or dwelling separation assembly in conformance with International Residential Code Section R302.6. (Ord. 19485 § 55, 2022: Ord. 15802 § 61, 2007: Ord. 14914 § 231, 2004: Ord. 14111 § 106, 2001: Ord. 12560 § 89, 1996. Formerly K.C.C. 16.04.05086).
16.04.780 Appendix Z, Sound transmission control - Ventilation 30 dB compliance. The International Building Code is supplemented by the following appendix:
Ventilation 30 dB compliance (IBC AZ 124).
(a) A ventilation system shall be installed that would provide the minimum air circulation and fresh air supply requirements for various uses in occupied rooms without the need to open any windows, doors or other openings to the exterior. The inlet and discharge openings shall be fitted with sheet metal transfer ducts of at least 26 gauge steel, which shall be lined with 1” thick coated glass fiber or insulated with R-11 sound-absorbing duct insulation, and shall be at least 5 feet long with one 90 degree bend.
(b) Gravity vent openings in attics or crawlspaces shall be as close to minimum code in number and size, as practical. The openings shall be fitted with transfer ducts at least 3 feet in length containing internal 1” thick coated fiberglass sound-absorbing duct lining or insulated with R-11 sound-absorbing duct insulation. Each duct shall have a lined 90 degree bend in the duct such that there is no direct line- of- sight from the exterior through the duct into the attic.
(c) Bathroom, laundry, and similar exhaust ducts connecting the interior space to the outdoors, shall contain at least 10-foot length of internal sound-absorbing duct lining. Exhaust ducts less than 10 feet in length shall be fully lined and shall also be the provisions of AZ 109(c). Each duct shall be provided with a lined 90 degree bend in the duct such that there is no direct line-of-sight through the duct from the venting cross-section to the room opening cross-section. Duct lining shall be coated glass fiber duct liner at least 1” thick or insulated with R-11 sound-absorbing duct insulation. In areas (i.e. shower rooms) which produce moisture, duct lining shall be made of non-absorbent material. Commercial kitchen exhaust systems and product conveying duct systems (Chapter 5 U.M.C.) shall be exempt.
(d) Domestic range exhaust ducts connecting the interior space to the outdoors shall contain a self‑closing baffle plate across the exterior termination which allows proper ventilation. The duct shall be provided with a 90 degree bend. (Ord. 15802 § 62, 2007: Ord. 14914 § 233, 2004: Ord. 14111 § 107, 2001: Ord. 12560 § 90, 1996. Formerly K.C.C. 16.04.05087).
16.04.790 Appendix Z, Sound transmission control - Building requirements for a noise level reduction of 35 dB compliance. The International Building Code is supplemented by the following appendix:
Building requirements for a noise level reduction of 35 dB compliance (IBC AZ 125). Compliance with AZ 126 through AZ 132 shall be deemed to meet requirements for a minimum noise level reduction (NLR) of 35 decibels. (Ord. 15802 § 63, 2007: Ord. 14914 § 235, 2004: Ord. 14111 § 108, 2001: Ord. 12560 § 91, 1996. Formerly K.C.C. 16.04.05088).
16.04.800 Appendix Z, Sound transmission control - Exterior walls 35 dB compliance. The International Building Code is supplemented by the following appendix:
Exterior walls 35 dB compliance (IBC AZ 126).
(a) Exterior walls, other than s described in this section shall have a laboratory sound transmission class rating of at least STC-40; or
(b) Masonry walls having a weight of at least 75 pounds per square feet do not require a furred (stud) interior wall. At least one surface of concrete block walls shall be plastered.
(c) Stud walls shall be at least 4" in nominal depth and shall be finished on the outside with solid sheathing under an approved exterior wall finish.
1. Interior surface of the exterior walls shall be of gypsum board or plaster at least 5/8" thick installed on the studs. The gypsum board or plaster may be fastened rigidly to the studs if the exterior is brick veneer or stucco. If the exterior is stucco or siding, the interior gypsum board or plaster must be fastened resiliently to the studs or double thickness must be used.
2. Continuous composition board, plywood, or gypsum board sheathing, or any combination of these materials of unequal thickness, that is at least 1² thick shall cover the exterior side of the wall studs.
3. Sheathing panels shall be butted tightly and covered on the exterior with overlapping building paper.
4. Insulation material at least R-19 or R-19 equivalent shall be installed continuously throughout the cavity space behind the exterior sheathing and between wall studs. Insulation shall be glass fiber or mineral wool. (Ord. 15802 § 64, 2007: Ord. 14914 § 237, 2004: Ord. 14111 § 109, 2001: Ord. 12560 § 92, 1996. Formerly K.C.C. 16.04.05089).
16.04.810 Appendix Z, Sound transmission control - Exterior windows 35 dB compliance. The International Building Code is supplemented by the following appendix:
Exterior window 35 dB compliance (IBC AZ 127).
(a) Windows other than as described in this section shall have a laboratory sound transmission class rating of at least STC-38; or
(b) Windows shall be double glazed with panes at least 3/16" thick. Panes of glass shall be separated by a minimum 1/2" airspace and shall not be equal in thickness.
(c) Double-glazed windows shall employ fixed sash or efficiently weather-stripped, operable sash. The sash shall be rigid and weather-stripped with material that is compressed airtight when the window is closed so as to conform to an air infiltration test not to exceed 0.5 cubic foot per minute per foot of crack length in accordance with ASTM-E‑283-65-T.
(d) Glass shall be sealed in an airtight manner with a nonhardening sealant of soft elastomer gasket or gasket tape.
(e) The perimeter of window frames shall be sealed airtight to the exterior wall construction with a sealant conforming to one of the following Federal specifications: TT‑S‑00227, TT‑S-00230 or TT‑S‑00153. (Ord. 15802 § 65, 2007: Ord. 14914 § 239, 2004: Ord. 14111 § 110, 2001: Ord. 12560 § 93, 1996. Formerly K.C.C. 16.04.05090).
16.04.820 Appendix Z, Sound transmission control - Exterior doors 35 dB compliance. The International Building Code is supplemented by the following appendix:
Exterior doors 35 dB compliance (IBC AZ 128).
(a) Doors other than as described in this section shall have a laboratory sound transmission class rating of a least STC 33; or
(b) Double door construction is required for all door openings to the exterior. The doors shall be side‑hinged and shall be solid core wood or insulated hollow metal door at least 1‑3/4" thick, separated by a vestibule or enclosed porch at least 3 feet in length. Both doors shall be tightly fitted and weather-stripped.
(c) The glass or double glazed sliding doors shall be separated by a minimum 1/2" airspace. Each sliding door frame shall be provided with an efficiently airtight weather‑stripping material that conforms to an air infiltration test not to exceed 0.5 cubic feet per minute per foot of crack length in accordance with ASTM E-283-65-T.
(d) Glass of all doors shall be at least 3/16” thick. Glass of double sliding doors shall not be equal in thickness.
(e) The perimeter of door frames shall be sealed airtight to the exterior wall construction (framing) with a sealant conforming to one of the following Federal specifications: TT-S-00227, TT-S-00230 or TT-S-00153.
(f) Glass in doors shall be sealed in an airtight nonhardening sealant or in a soft elastomer gasket of glazing tape. (Ord. 15802 § 66, 2007: Ord. 14914 § 241, 2004: Ord. 14111 § 111, 2001: Ord. 12560 § 94, 1996. Formerly K.C.C. 16.04.05091).
16.04.830 Appendix Z, sound transmission control - Roofs 35 dB compliance. The International Building Code is supplemented by the following appendix:
Roofs 35 dB compliance (IBC AZ 129).
(a) Combined roof and ceiling construction other than as described in this section and AZ 130 shall have a laboratory sound transmission class rating of at least STC-49; or
(b) With an attic or rafter space at least 6” deep, and with a ceiling below, the roof shall consist of composition board, plywood or gypsum board sheathing, or any combination of these materials of unequal thickness, that is at least 1" thick and topped by roofing as required.
(c) Open beam roof construction shall follow the energy insulation standard method for batt insulation, except use 1” plywood decking with concrete or clay tiles as roofing material. (Ord. 15802 § 67, 2007: Ord. 14914 § 243, 2004: Ord. 14111 § 112, 2001: Ord. 12560 § 95, 1996. Formerly K.C.C. 16.04.05092).
16.04.840 Appendix Z, Sound transmission control - Ceiling 35 dB compliance. The International Building Code is supplemented by the following appendix:
Ceiling 35 dB compliance (IBC AZ 130).
(a) Gypsum board or plaster ceiling at least 5/8" shall be provided where required by AZ 129, above. Ceiling shall be substantially airtight with a minimum of penetrations. The ceiling panels shall be mounted on resilient clips or channels.
(b) Glass fiber or mineral wool insulation at least R‑30 shall be provided above the ceiling between joists. (Ord. 15802 § 68, 2007: Ord. 14914 § 245, 2004: Ord. 14111 § 113, 2001: Ord. 12560 § 96, 1996. Formerly K.C.C. 16.04.05093).
16.04.850 Appendix Z, Sound transmission control - Floors 35 dB compliance. The International Building Code is supplemented with the following appendix:
Floors 35 dB compliance (IBC AZ 131). The floor of the lowest occupied rooms shall be slab on fill or below grade or over a fully enclosed basement or crawl space. All door and window openings in the fully enclosed basement shall be tightly fitted.
EXCEPTION: Floors over fully enclosed garages or over carports shall have a laboratory sound transmission class rating of at least STC-40. The floor over the garage or carport shall be insulated to not less than R-19, but not less than that specified by the International Energy Conservation Code and enclosed with two layers of 5/8" type ‘X' GWB on the garage or carport side or any equivalent approved garage/dwelling separation assembly in conformance with International Residential Code Section R302.6. (Ord. 19485 § 56, 2022: Ord. 15802 § 69, 2007: Ord. 14914 § 247, 2004: Ord. 14111 § 114, 2001: Ord. 12560 § 97, 1996. Formerly K.C.C. 16.04.05094).
16.04.860 Appendix Z, Sound transmission control - Ventilation 35 dB compliance. The International Code is supplemented by the following appendix:
Ventilation 35 dB compliance (IBC AZ 132).
(a) A ventilation system shall be installed that will provide the minimum air circulation and fresh air supply requirements for various uses in occupied rooms without the need to open any windows, doors or other opening to the exterior. The inlet and discharge openings shall be fitted with sheet metal transfer ducts of at least 26 gauge steel, which shall be lined with 1² thick coated glass fiber or insulated with R-11 sound-absorbing duct insulation, and shall be at least 10 feet long with one 90 degree bend.
(b) Gravity vent openings in attics shall be as close to minimum code in number and size, as practical. The openings shall be fitted with transfer ducts at least 6 feet in length containing internal 1” thick coated fiberglass sound-absorbing duct lining or insulated with R-11 sound-absorbing duct insulation. Each duct shall have a lined 90 degree bend in the duct that there is no direct line-of-sight from the exterior through the duct into the attic.
(c) Bathroom, laundry, and similar exhaust ducts connecting the interior space to the outdoors, shall contain at least a 10-foot length of internal sound-absorbing duct lining or insulated with R-11 sound-absorbing duct insulation. Exhaust ducts less than 10 feet in length shall be fully lined and shall also meet the provisions of AZ 109(c). Each duct shall be provided with a lined 90 degree bend in the duct such that there is no direct line-of-sight through the duct from the venting cross-section to the room-opening cross-section. Duct lining shall be coated glass fiber duct liner at least 1² thick or R-11 sound-absorbing duct insulation. In areas such as shower rooms which produce moisture, duct lining shall be made of non-absorbent material. Commercial kitchen exhaust systems and product conveying duct systems (Chapter 51) shall be exempt.
(d) Domestic range exhaust ducts connecting the interior space to the outdoors shall contain a self-closing baffle plate across the exterior termination which allows proper ventilation. The duct shall be provided with a 90 degree bend. (Ord. 15802 § 70, 2007: Ord. 14914 § 249, 2004: Ord. 14111 § 115, 2001: Ord. 12560 § 98, 1996. Formerly K.C.C. 16.04.05095).
16.04.890 Mandatory residential inspection of conversion condominium.
A. The declarant shall, at the declarant's expense, obtain an inspection of the premises subject to condominium conversion by the department to insure compliance with the International Property Maintenance Code and other applicable codes and regulations as adopted by King County. Inspection shall be made within forty-five days of a declarant's written request. A written residential inspection report shall be issued by the department within fourteen days following completion of the residential inspection.
B. Any public offering statement issued with respect to a conversion condominium shall include a copy of the written residential inspection report by the department.
C. Prior to the conveyance of any residential unit within a conversion condominium, the declarant shall repair all violation disclosed in the residential inspection report which are not waived by the department and shall obtain certification from the department that such have been properly made. Certification of repairs by the department shall be based upon a reinspection of the conversion condominium premises, to be performed within seven days of the declarant's written request. Certification shall be issued within seven days following reinspection if the property is then determined to be in compliance.
D. Certification by the department shall state that only those defects discovered by the residential inspection have been corrected and that the certification does not guarantee that all relevant code violations have been corrected. No declarant shall use the department's certification in any advertising nor shall a declarant indicate or imply to anyone, for the purpose of inducing a person to purchase a condominium unit, that King County or any of its departments has "approved" the premises or any unit for sale. (Ord. 18683 § 10, 2018: Ord. 15802 § 71, 2007: Ord. 11923 § 2, 1995. Formerly K.C.C. 16.04.055).
16.04.900 Conversion condominium warranty of repairs and escrow fund.
A. The repairs required to be made in K.C.C. 16.04.890 shall be warranted by the declarant against defects due to quality of work or materials for a period of one year following the completion of such repairs.
B. Prior to conveyance of any residential unit within a conversion condominium, the declarant shall establish and maintain an account with a bank or other financial institution of the declarant's choosing, containing a sum equal to ten percent of the actual cost of making repairs required in K.C.C. 16.04.890. During the one year warranty period, funds contained in the account shall be used exclusively for paying the actual cost of making repairs required, or for otherwise satisfying claims made under the warranty. The declarant shall by private action, in writing, notify the owners' association of the location of the account and of any disbursements therefrom. Following expiration of the warranty period, any funds remaining in the account shall be disbursed to the declarant.
C. Depletion of the funds contained in the account shall not relieve the declarant of the declarant's obligations under this section.
D. The enforcement of the escrow and warranty provision shall be by private right of action and implementation and enforcement shall not be the responsibility of this department or of any county agency. (Ord. 18683 § 11, 2018: Ord. 14914 § 254, 2004: Ord. 11923 § 3, 1995. Formerly K.C.C. 16.04.057).
16.04.920 Site improvement financial guarantee. Site improvement financial guarantee refers to the financial guarantee required by Title 27A as security for the applicant's guarantee of the construction, according to approved plans and county specifications, of roadway and right-of-way improvements, traffic requirements, appurtenances, off-street parking, curbing, drainage, retention/detention facilities, and erosion/sedimentation control and site restoration associated with building permits. (Ord. 12020 § 50, 1995: Ord. 7990 § 17, 1987: Ord. 7025 § 1, 1984. Formerly K.C.C. 16.04.070).
16.04.930 Individual mobile homes - Purpose and applicability.
A. The purpose of this section is to establish standards for the location, review and installation of manufactured and mobile homes (and accessory structures) as well as factory-built commercial structures and coaches.
B. These standards shall apply to all manufactured or mobile homes (and accessory structures) or factory-built commercial structures and coaches to be installed after August 4, 1996. (Ord. 19485 § 57, 2022: Ord. 12380 § 1, 1996. Formerly K.C.C. 16.04.090).
16.04.940 Individual mobile homes - Location. A manufactured or mobile home with an insignia of approval by the Washington state Department of Labor and Industries (L&I) or the U.S. Department of Housing and Urban Development (HUD) may locate on any legal lot on which a dwelling unit is permitted by K.C.C. Title 21A and within any legally approved mobile home park. A manufactured or mobile home without such insignia shall not be relocated to or within King County. (Ord. 19485 § 58, 2022. Ord. 12380 § 2, 1996. Formerly K.C.C. 16.04.091).
16.04.950 Individual mobile homes - Standards. All manufactured or mobile homes shall comply with the following requirements:
1. Manufactured or mobile homes approved by Washington state Department of Labor and Industries (L&I) or the U.S. Department of Housing and Urban Development (HUD) shall have the appropriate insignia indicating such approval affixed to the unit, in accordance with chapter 43.22 RCW.
2. Installation requirements:
2.1. Manufactured or mobile homes shall be installed consistent with chapter 296-150 WAC and in accordance with the manufacturers installation requirements as approved by Washington state Department of Labor and Industries (L&I).
2.2. Electrical connections shall be inspected and approved by the Washington state Department of Labor and Industries (L&I).
2.3. Manufactured or mobile homes supported on piers shall be fully skirted.
2.4. Manufactured or mobile homes located outside of a mobile home park shall be subject to the setback and lot coverage provisions of the zone in which they are located.
3. Accessory Structures.
3.1. Accessory structures shall be subject to the provisions of the International Building Code or the International Residential Code, as applicable, as adopted in King County and a building permit shall be required before construction or installation.
3.2. Separation between accessory structures and other structures shall be in accordance with K.C.C. 21A.14.160 or K.C.C. 21A.14.170. However, if the accessory structure is a carport constructed of combustible materials, the carport roof area shall not extend over or otherwise cover any bedroom windows and no other accessory structures other than decks, porches, stairs or ramps shall be permitted under the carport roof area. (Ord. 19485 § 59, 2022: Ord. 17420 § 56, 2012: Ord. 14914 § 261, 2004: Ord. 12380 § 3, 1996. Formerly K.C.C. 16.04.092).
16.04.960 Individual mobile homes - Required permits and application content.
1. Installation of a manufactured or mobile home shall require a building permit by the department in accordance with the permit process and procedures in K.C.C. chapter 16.02 and for type 1 permits outlined in K.C.C. chapter 20.20.
2. The following shall be submitted with a building permit application for a manufactured or mobile home manufactured or 2.1. A description of the mobile home, including:
a. model number,
b. Washington state or U.S. Department of Housing and Urban Development (HUD) ID number or both,
c. name of manufacturer and year of manufacture;
2.2. Two copies of plans showing that the proposed foundation system, if more than one-fourth of the floor area of the manufactured or mobile home, as measured from the bottom of the main frame members, will be more than three feet above the existing ground level, or when any supporting piers exceed sixty inches in height;
2.3.. Certified Manufactured Home Installers number. (Ord. 19485 § 60, 2022: Ord. 17420 § 57, 2012: Ord. 14914 § 263, 2004: Ord. 12380 § 4, 1996. Formerly K.C.C. 16.04.093).
16.04.970 Factory-built commercial structures and coaches - Standards.
1. Factory-built commercial structures and coaches shall be located, installed and used in the same manner as conventional commercial structures, except to the extent that construction standards are regulated by the Washington state Department of Labor and Industries or the U.S. Department of Housing and Urban Development.
2. Factory-built commercial structures and commercial coaches shall be installed subject to the following:
2.1. A building permit shall be obtained for any factory-built commercial structure or commercial coach in accordance with the permit process and procedures for type 1 permits outlined in K.C.C. chapter 20.20.
2.2. The following criteria must be satisfied for the permanent installation of a factory-built commercial structure or commercial coach before a building permit can be issued:
a. The appropriate insignia of the Washington state Department of Labor and Industries or the U.S. Department of Housing and Urban Development shall be affixed to the unit. If the unit is lacking the appropriate insignia it must satisfy the structural, mechanical, electrical and plumbing requirements of the International Building, Mechanical and other applicable codes as adopted in King County for conventional commercial structures.
b. The foundation, entry/exit stairs or ramps, and all accessory structures shall be designed and installed in accordance with the provisions of the International Building Code as adopted in King County.
c. Occupancy of the structure shall not be permitted before inspection and approval.
2.3. The temporary installation of factory-built commercial structures and commercial coaches may be permitted for a period not to exceed one year. The support system recommended by the manufacturer, or designed by a professional structural engineer registered by the state, may be substituted for a foundation designed in accordance with the provisions of the International Building Code as adopted in King County, subject to the approval of the department.
2.4. Factory-built construction office trailers may be placed without an additional permit as long as the site is covered by a valid building permit. (Ord. 19485 § 61, 2022: Ord. 17420 § 58, 2012: Ord. 15802 § 72, 2007: Ord. 14914 § 265, 2004: Ord. 12380 § 5, 1996. Formerly K.C.C. 16.04.094).
16.04.980 Inspection and enforcement.
1. Authority. The director is authorized and directed to enforce the provisions of this chapter and any rules and regulations promulgated thereunder, in accordance with the enforcement and penalty provisions of K.C.C. Title 23.
EXCEPTION: The director of public health - Seattle & King County is authorized to enforce the fuel gas piping requirements in the International Fuel Gas Code, WAC 51-52-0101 and Chapter 24 of the International Residential Code.
2. General. All construction or work for which a permit is required shall be subject to inspection by the director.
3. Administration. The director is authorized to promulgate, adopt, maintain and issue rules and regulations necessary to the effective and efficient administration of this chapter in accordance with the provisions for the rules of county agencies in K.C.C. chapter 2.98.
4. Plan Reviews and Inspections. All buildings constructed under this chapter are subject to a final inspection for compliance with this chapter. The director has the authority to establish rules and procedures for accepting at the director's option an affidavit of substantial compliance with this chapter in lieu of plan reviews or inspections. (Ord. 19485 § 62, 2022: Ord. 18683 § 12, 2018: Ord. 15802 § 73, 2007: Ord. 14914 § 267, 2004: Ord. 12560 § 5, 1996: Ord. 7990 § 16, 1987: Ord. 7853 § 1, 1986. Formerly K.C.C. 16.04.098).
Sections:
16.05.040 Building Planning - Design criteria - Climate and Geographical Design Criteria for King County.
16.05.060 Garages and carports - Flood hazard areas.
16.05.065 Building planning - Emergency escape and rescue openings - Emergency escape windows under decks and porches.
16.05.070 Building planning - Flood-resistant construction.
16.05.080 Building planning - Automatic fire sprinkler systems.
16.05.100 Under floor space - Flood resistance.
16.05.102 Appendix G - Swimming pools, spas and hot tubs - General (in effect until January 1, 2023).
16.05.130 Appendix K - Sound transmission - Seattle-Tacoma noise program area (takes effect January 1, 2023).
16.05.040 Building Planning – Design criteria - Climate and Geographical Design Criteria for King County. Table R301.2(1) of the International Residential Code is not adopted and the following is substituted:
Table R301.2(1)
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA FOR KING COUNTY
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Subject to damage from |
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Ground snow load |
Wind speed (mph) |
Seismic design category |
Weathering |
Frost line depth |
Termite |
Decay |
Winter design temp. |
Ice-shield required |
Flood hazards |
Air freezing index |
Mean annual temp. |
|
Varies1 |
110 |
D1 or D22 |
Moderate |
12" < 1,000ft elev.3 |
Slight to Mod. |
Slight to Mod. |
25 |
No |
Varies4 |
100 to 250 |
50 |
Footnotes:
1. Snow loads shall be determined in accordance with King County public rules. The minimum roof design snow load shall be 25 pounds per square feet.
2. Seismic design category shall be D1 for areas of unincorporated King County to the east of the Snoqualmie River as it traverses from the King County-Snohomish County line to the city limits of Snoqualmie, east of the city of Snoqualmie, east of the Snoqualmie Parkway and the Echo Lake-Snoqualmie Cut-off SE as they run from the city limits of the city of Snoqualmie to State Route 18 and to the south or east of State Route 18. All other portions of unincorporated King County shall be seismic design category D2.
3. The frost line depth shall be considered to be 12 inches for sites up to an elevation of 1000 feet above sea level, 18 inches for sites more than 1000 feet and up to an elevation of 2000 feet above sea level or 24 inches for sites more than 2000 feet above sea level. Frost depth may be otherwise determined by specific site analysis, but shall not be less than 12 inches.
4. Flood hazard within King County varies. See the flood hazard code provisions of K.C.C. chapter 21A.24. (Ord. 19485 § 63, 2022: Ord. 15802 § 76, 2007: Ord. 14914 § 272, 2004).
16.05.060 Garages and carports – Flood hazard areas. Section R309.3 of the International Residential Code is not adopted and the following is substituted:
Flood hazard areas (IRC 309.3). Garage floors in buildings located in flood hazard areas shall comply with the flood hazard standards in K.C.C. chapter 21A.24. (Ord. 17837 § 52, 2014: Ord. 14914 § 274, 2004).
16.05.065 Building planning – Emergency escape and rescue openings – Emergency escape windows under decks and porches. Section R310.2.4 of the International Residential Code is not adopted and the following is substituted:
Emergency escape windows under decks and porches (IRC R310.2.4) Emergency escape windows are allowed to be installed under decks, porches, roof overhangs, awnings or similar projections if the location allows the emergency escape window to be fully opened and provides a path not less than 36 inches (914mm) in height and not less than 36 inches (914 mm) in width with a maximum unobstructed travel length directly to a yard or court based on 3:1, length to height ratio or as approved by the building official. This distance shall be measured from the edge of the window or if served by a window well from the edge of that window well.
EXCEPTION: When the vertical height is 6 feet 8 inches (2,032 mm) or more, the travel distance or length is unlimited. (Ord. 19485 § 64, 2022: Ord. 15802 § 78, 2007).
16.05.070 Building planning – Flood-resistant construction. Section R322 of the International Residential Code is not adopted and the following is substituted:
Building planning – Flood-resistant construction (IRC R322). Flood-resistant construction shall comply with the flood hazard standards in K.C.C. chapter 21A.24. (Ord. 19485 § 65, 2022: Ord. 15802 § 79, 2007: Ord. 14914 § 275, 2004).
16.05.080 Building planning – Automatic fire sprinklers. Chapter 3 of the International Residential Code is supplemented with the following:
Automatic fire sprinkler systems (IRC R313). Automatic fire sprinklers shall be provided as required by International Fire Code Section 903.2. (Ord. 19485 § 66, 2022: Ord. 15802 § 80, 2007: Ord. 14914 § 276, 2004).
16.05.100 Under floor space – Flood resistance. Section R408.7 of the International Residential Code is not adopted and the following is substituted:
Flood resistance (IRC R408.7). Under floor spaces of buildings located in areas prone to flooding shall comply with the flood hazard standards in K.C.C. chapter 21A.24. (Ord. 15802 § 82, 2007: Ord. 14914 § 278, 2004).
16.05.130 Appendix K - Sound transmission - Seattle-Tacoma noise program area. Appendix K of the International Residential Code is supplemented with the following:
Appendix K - Sound transmission - Seattle-Tacoma noise program area (IRC AK101.2). All buildings or structures constructed or placed for human occupancy on sites within the Seattle-Tacoma International Airport’s Noise Remedy Boundary shall comply with the provisions in the International Building Code Appendix Z. (Ord. 19485 § 67, 2022: Ord. 15802 § 96, 2007: Ord. 14914 § 284, 2004: Ord. 14111 § 91, 2001: Ord. 12560 § 74, 1996. Formerly K.C.C. 16.04.05071).
Sections:
16.07.010 Scope.
16.07.020 Intent.
16.07.030 International Energy Conservation Code definitions not adopted.
16.07.040 Definitions.
16.07.050 Insulation Component R-value method - applications for Table C402.1.3.
16.07.060 Opaque envelope assembly maximum requirements, U-factor method.
16.07.070 Thermal resistance of mechanical equipment penetrations.
16.07.080 Above-grade exterior concrete slabs.
16.07.090 Vertical fenestration intersection with opaque walls.
16.07.100 Fenestration - prescriptive.
16.07.110 High-performance fenestration.
16.07.120 Lightning controls in daylight zones under skylights.
16.07.130 HVAC TSPR - medical office and residential applications.
16.07.140 Use of electric resistance and fossil fuel-fired HVAC heating equipment.
16.07.150 Energy recovery ventilation with DOAS.
16.07.160 Heat pump supplementary heat.
16.07.170 Demand control ventilation.
16.07.180 Energy recovery ventilation systems.
16.07.190 C 403.10 Construction of HAVAC system elements.
16.07.200 Insulation of refrigerant piping.
16.07.210 Commercial food service.
16.07.220 Service water heating system type.
16.07.230 System Design.
16.07.240 Supplemental Water Heaters.
16.07.250 Storage tank insulation.
16.07.260 Multiple riser systems - thermostatic balancing valve.
16.07.270 Electronic thermostatic mixing valve.
16.07.280 Pipe insulation.
16.07.290 Demand recirculation controls.
16.07.300 Lighting controls.
16.07.310 Interior Lighting Power Allowances - Building Area Method.
16.07.320 Interior Lighting Power Allowances - Space-by-Space Method.
16.07.330 Exterior lighting power allowance - covered parking garages.
16.07.340 Electric receptacles at dwelling unit gas appliances.
16.07.350 Additional energy efficiency credit requirements.
16.07.360 Tenant spaces.
16.07.370 More efficient HVAC equipment and fan performance.
16.07.380 HVAC system selection.
16.07.390 Enhanced digital lighting controls.
16.07.400 On-site renewable energy.
16.07.410 Dedicated outdoor air system (DOAS) - No fossil fuel-fired HVAC may use this credit.
16.07.420 High performance dedicated outdoor air system (DOAS) - No fossil fuel-fired HVAC may use this credit.
16.07.430 Reduced energy use in service water heating.
16.07.440 High performance serive water heating in hotel and multifamily buildings.
16.07.450 Enhanced envelope performance.
16.07.460 Efficient kitchen equipment.
16.07.470 Performance-based compliance.
16.07.480 Limits on substandard building envelopes.
16.07.490 Building Performance Factors (BPF) to be used for Compliance with Section C407.3.
16.07.500 Solar readiness - general.
16.07.510 Minimum area - mechanical equipment.
16.07.520 Photovoltaic interconnection - roof penetration.
16.07.530 On-site renewable energy generation systems.
16.07.540 New and replacement HVAC heating system equipment.
16.07.550 Change of occupancy or Use - General - energy star equipment.
Scope (IECC C101.2). The International Energy Conservation Code (IECC) applies to commercial buildings and their building sites and associated systems and equipment unless the code states otherwise. References in this code to Group R shall include Group I-1, Condition 2 assisted living facilities licensed by Washington state under chapter 388-78A WAC and Group I-1, Condition 2 residential treatment facilities licensed by Washington state under chapter 246-337 WAC. Building areas that contain Group R sleeping units, regardless of the number of stories in height, are required to comply with the commercial sections of the IECC.
EXCEPTION: The provisions of this code do not apply to temporary growing structures used solely for the commercial production of horticultural plants such as ornamental plants, flowers, vegetables and fruits. A temporary growing structure is not considered a building for the purposes of this code. However, the installation of other than listed, portable mechanical equipment or listed, portable lighting fixtures is not allowed. (Ord. 19485 § 69, 2022).
16.07.020 Intent.
Intent (IECC C101.3). This code shall regulate the design and construction of buildings for the use and conservation of energy and the reduction of carbon emissions over the life of each building. This code is intended to provide flexibility to permit the use of innovative approaches and techniques to achieve this objective. This code is not intended to abridge safety, health or environmental requirements contained in other applicable codes or ordinances. (Ord. 19485 § 70, 2022).
16.07.030 International Energy Conservation Code definitions not adopted.
International Energy Conservation Code definitions not adopted. The following definitions in Section 202 of the International Energy Conservation Code are not adopted:
A. Conditioned space;
B. Continuous insulation; and
C. Mass transfer deck slab edge. (Ord. 19485 § 71, 2022).
16.07.040 Definitions.
The definitions in this section apply to this chapter and supplement the definitions contained in the IECC as adopted, amended and supplemented by this title. Where definitions in this section differ from the definitions in the International codes as amended and supplemented by K.C.C. chapter 16.03, the definitions in this section shall control.
A. AAMA: the American Architectural Manufacturers Association.
B. Affordable housing: buildings that:
1. Are owned by a public housing authority for the purpose of providing housing the restricts at least 51 percent of the units to be occupied by and affordable to households with incomes no more than 80 percent of area median income;
2. Are owned by a government agency or nonprofit organization and operated as a shelter, including temporary and emergency shelter facilities providing day and warming centers that do not provide overnight accommodation, for people receiving support services from county-recognized assistance programs for homelessness; or
3. Are subject to a regulatory agreement, covenant or other legal instrument recorded on the property title for a minimum of 40 years that:
a. Restricts at least 51 percent of the units to be occupied by and affordable to households with incomes no more than 80 percent of area median income; or
b. Restricts initial and subsequent sales of at least 51 percent of the residential units to households with incomes no more than 80 percent of area median income.
C. ASHRAE: the American Society of Heating, Refrigerating and Air-Conditioning Engineers.
D. ASTM: the American Society for Testing and Materials.
E. Automatic control device: a device capable of automatically turning electrical loads off and on without manual intervention.
F. Btu: British thermal units.
G. Conditioned space: an area, room or space enclosed within the building thermal envelope and that is directly or indirectly heated or cooled. Spaces are indirectly heated or cooled where they communicate through openings with conditioned spaces, where they are separated from conditioned spaces by uninsulated walls, floors or ceilings, or where they contain uninsulated ducts, piping or other sources of heating or cooling. Elevator shafts, stair enclosures, enclosed corridors connecting conditioned spaces and enclosed spaces through which conditioned air is transferred at a rate exceeding three air changes per hour are considered conditioned spaces for the purposes of the building thermal envelope requirements.
H. Continuous insulation: insulating material that is continuous across all structural members without metal thermal bridges other than fasteners that have a total cross-sectional area not more than 0.04 percent (0.12 percent where all metal thermal bridges are stainless steel) of the envelope surface through which they penetrate, and service openings. It is installed on the interior or exterior or is integral to any opaque surface of the building envelope.
I. Controlled receptacle: an electrical receptacle that is controlled by an automatic control device.
J. CSA: the CSA group.
K. DOAS: dedicated outdoor air system.
L. Fossil fuel: a substance used to generate energy as defined in K.C.C. 21A.06.532C.
M. HPWH: heat pump water heater.
N. HVAC: heating, ventilation and air conditioning.
O. LLLC: luminaire-level lighting controls.
P. LPD: lighting power density.
Q. Mass transfer deck slab: a concrete slab designed to transfer structural load from the building perimeter wall or column line above, laterally to an offset wall or column line below, and which has conditioned or semi-heated space on the inside of the upper wall and exterior or unconditioned space on the outside of the upper wall, such as the transition from an above-grade structure to a below-grade structure or the transition from a tower to a podium. The area of the slab edge shall be defined as the thickness of the slab multiplied by the length of the edge condition. A cantilevered concrete balcony does not constitute a mass transfer deck slab.
R. Multi-pass: a heat pump water heater control strategy requiring multiple passes of water through the heat pump to reach the final target storage water temperature.
S. NAECA: the National Appliance Energy Conservation Act of 1987.
T. NFRC: the National Fenestration Rating Council.
U. Single-pass: a heat pump water heater control strategy using variable flow or variable capacity to deliver water from the heat pump at the final target storage water temperature in a single pass through the heat exchanger with variable incoming water temperatures.
V. Solar zone: a clear area or areas reserved solely for current or future installation of photovoltaic or solar hot water systems.
W. Temperature maintenance: the system used to maintain the temperature of the building domestic hot water delivery system, typically by circulation and reheating or by a heat trace system.
X. TSPR: total system performance ratio.
Y. VAV: variable air volume. (Ord. 19485 § 72, 2022).
16.07.050 Insulation Component R-value method - applications for Table C402.1.3.
Section C402.1.3 of the International Energy Conservation Code is supplemented with the following:
Insulation Component R-value method – applications for Table C402.1.3 (IECC C402.1.3.1). Where the total area of through-wall mechanical equipment is more than 1 percent of the opaque above-grade wall area in IECC Table C402.1.3, use of the R-value method is not allowed. See IECC C402.1.4.2. (Ord. 19485 § 73, 2022).
16.07.060 Opaque envelope assembly maximum requirements, U-factor method.
Table C402.1.4 of the International Energy Conservation Code is not adopted and the following is substituted:
TABLE C402.1.4
OPAQUE THERMAL ENVELOPE ASSEMBLY MAXIMUM REQUIREMENTS, U-FACTOR METHODa, f
|
|
CLIMATE ZONE 5 AND MARINE 4 |
|
|
All Other |
Group R |
|
|
Roofs |
||
|
Insulation entirely above deck |
U-0.027 |
U-0.027 |
|
Metal buildings |
U-0.027 |
U-0.027 |
|
Attic and other |
U-0.021 |
U-0.021 |
|
Joist or single rafter |
U-0.027 |
U-0.027 |
|
Walls, Above Grade |
||
|
Massg,b |
U-0.057 |
U-0.057 |
|
Mass transfer deck slab edged |
U-0.20 |
U-0.20 |
|
Slab penetrating thermal envelope wallh |
U-0.10 |
U-0.10 |
|
Metal buildingb |
U-0.052 |
U-0.052 |
|
Steel framedb |
U-0.055 |
U-0.055 |
|
Wood framed and otherb |
U-0.051 |
U-0.051 |
|
Walls, Below Grade |
||
|
Below-grade wallg |
U-0.070 |
U-0.070 |
|
Floors |
||
|
Masse |
U-0.031 |
U-0.031 |
|
Joist/framing |
U-0.029 steel joist U-0.025 wood joist |
U-0.029 steel joist U-0.025 wood joist |
|
Concrete column or wall penetrating thermal envelope floori |
U-0.55 |
U-0.55 |
|
Concrete slab floor directly above an electrical utility vault |
N.R. |
N.R. |
|
Slab-on-Grade Floors |
||
|
Unheated slabs |
F-0.54 |
F-0.54 |
|
Heated slabsc |
F-0.55 |
F-0.55 |
|
Opaque Doors |
||
|
Swinging door |
U-0.37 |
U-0.37 |
|
Nonswinging door |
U-0.34 |
U-0.34 |
|
Garage door <14% glazing |
U-0.31 |
U-0.31 |
Footnotes:
a. Use of opaque assembly U-factors, C-factors, and F-factors from IECC Appendix A is required unless otherwise allowed by IECC C402.1.4.
b. Through-wall mechanical equipment subject to IECC C402.1.4.2 shall be calculated at the U-factor defined in IECC C402.1.4.2. The area-weighted U-value of the wall, including through-wall mechanical equipment, shall not exceed the value in the table.
c. Heated slab F-factors shall be determined specifically for heated slabs. Unheated slab factors shall not be used.
d. A mass transfer deck, due to its configuration, is not insulated. The table value (U-0.20) shall be used as the baseline value for component performance or total building performance path calculations. For the proposed value, the appropriate value from the top line of IECC Table A104.3.7.2 shall be used.
e. "Mass floors" shall include floors weighing not less than:
(1) 35 pounds per square foot of floor surface area; or
(2) 25 pounds per square foot of floor surface area where the material weight is not more than 120 pounds per cubic foot.
f. Opaque assembly U-factors based on designs tested in accordance with ASTM C1363 is allowed. The R-value of continuous insulation is allowed to be added or subtracted from the original test design.
g. Peripheral edges of intermediate concrete floors are included in the above grade mass wall category and therefore must be insulated as above grade mass walls unless they meet the definition of a mass transfer deck slab edge. The area of the peripheral edges of concrete floors shall be defined as the thickness of the slab multiplied by the perimeter length of the edge condition. See IECC Table A103.3.7.2 for typical default U-factors for above grade slab edges and footnote c for typical conditions of above grade slab edges.
h. Intermediate concrete floor slabs penetrating the building thermal envelope shall comply with IECC C402.2.9. The area of such penetrating concrete floor slabs shall be defined as the thickness of the slab multiplied by the length of the penetration. The "exposed concrete" row in IECC Table A103.3.7.2 shall be used for typical default U-factors for the penetrating concrete slab.
i. Value applies to concrete columns and concrete walls that interrupt mass floor insulation, but not to perimeter walls or columns separating interior conditioned space from exterior space. (Ord. 19485 § 74, 2022).
16.07.070 Thermal resistance of mechanical equipment penetrations.
Section C402.1.4 of the International Energy Conservation Code is supplemented with the following:
Thermal resistance of mechanical equipment penetrations (IECC C402.1.4.2). When the total area of penetrations from through-wall mechanical equipment or equipment listed in IECC Table C403.3.2(3) exceeds 1 percent of the opaque above-grade wall area, the mechanical equipment penetration area shall be calculated as a separate wall assembly with a default U-factor of 0.5. Mechanical system ducts and louvers, included those for supply, exhaust and relief, and for condenser air intake and outlet, are not considered to be mechanical equipment for the purposes of this section.
EXCEPTION: Where mechanical equipment has been tested in accordance with approved testing standards, the mechanical equipment penetration area may be calculated as a separate wall assembly using the U-factor determined by such test. (Ord. 19485 § 75, 2022).
16.07.080 International Energy Conservation Code definitions not adopted.
Section C402.2 of the International Energy Conservation Code is supplemented with the following:
Above-grade exterior concrete slabs (IECC C402.2.9). Above-grade concrete slabs that penetrate the building thermal envelope, including but not limited to decks and balconies, shall each include a minimum R-10 thermal break, aligned with the primary insulating layer in the adjoining wall assemblies. Stainless steel reinforcing bars may penetrate the thermal break; carbon steel reinforcing bars shall not penetrate the thermal break. If the total building performance path or the component performance alternative in IECC C402.1.5 is used and the thermal break required by this section is not provided where concrete slabs penetrate the building thermal envelope, the sectional area of the penetration shall be assigned the default U-factors from the "exposed concrete" row of IECC Table A103.3.7.2.
EXCEPTION: Mass transfer deck slab edges. (Ord. 19485 § 76, 2022).
16.07.090 Vertical fenestration intersection with opaque walls.
Section C402.2 of the International Energy Conservation Code is supplemented with the following:
Vertical fenestration intersection with opaque walls (IECC C402.2.10). Vertical fenestration shall comply with the following as applicable:
1. Where wall assemblies include continuous insulation, the exterior glazing layer of vertical fenestration and any required thermal break in the frame shall each be aligned within 2 inches laterally of either face of the continuous insulation layer.
2. Where wall assemblies do not include continuous insulation, the exterior glazing layer of vertical fenestration and any required thermal break in the frame shall each be aligned within the thickness of the wall insulation layer and not more than 2 inches laterally from the exterior face of the outermost insulation layer.
3. Where the exterior face of the vertical fenestration frame does not extend to the exterior face of the opaque wall rough opening, the exposed exterior portion of the rough opening shall be covered with either a material having an R-value not less than R-3, or with minimum 1.5-inch thickness wood. (Ord. 19485 § 77, 2022).
16.07.100 Fenestration - prescriptive.
Section C402.4 of the International Energy Conservation Code is not adopted and the following is substituted:
Fenestration – prescriptive (IECC C402.4). Fenestration shall comply with IECC C402.4 through C402.4.4 and IECC Table C402.4. Daylight responsive controls shall comply with this section and IECC C405.2.4.
EXCEPTION: For prescriptive envelope compliance, single-pane glazing is allowed for security purposes and for revolving doors, not to exceed one percent of the gross exterior wall area. Where IECC C402.1.5, component performance alternative, is used, the single glazing shall be included in the percentage of the total glazing area, U-factor and SHGC requirements.
Table C402.4
Building Envelope Fenestration Maximum U-factor and SHGC Requirements
|
CLIMATE ZONEs 5 AND MARINE 4 |
||
|
U-factor for Class AW
windows |
||
|
Fixedb U-factor |
U-0.34 |
|
|
Operablec U-factor |
U-0.36 |
|
|
Entrance doorsd |
||
|
U-factor |
U-0.60 |
|
|
U-factor for all other vertical fenestration |
||
|
Fixed U-factor |
U-0.26 |
|
|
Operablec U-factor |
U-0.28 |
|
|
SHGC for all vertical fenestration |
||
|
Orientatione,f |
SEW |
N |
|
PF < 0.2 |
0.38 |
0.51 |
|
0.2 ≤ PF < 0.5 |
0.46 |
0.56 |
|
PF ≥ 0.5 |
0.61 |
0.61 |
|
Skylights |
||
|
U-factor |
U-0.45 |
|
|
SHGC |
0.32 |
|
Footnotes:
a. U-factor and SHGC shall be rated in accordance with NFRC 100. This category includes curtain wall, storefront, ribbon wall, window wall and similar site-assembled systems. This category does not include punched-opening manufactured windows except for "Class AW" windows as designated by AAMA.
b. "Fixed" includes curtain wall, storefront, picture windows and other fixed windows.
c. "Operable" includes openable fenestration products other than "entrance doors."
d. "Entrance door" includes glazed swinging entrance doors and glazed automatic sliding entrance doors. Other doors which are not entrance doors, including manually operated sliding glass doors, are considered "operable."
e. "N" indicates vertical fenestration oriented within 30 degrees of true north. "SEW" indicates orientations other than "N."
f. Fenestration that is entirely within the conditioned space or is between conditioned and other enclosed space is exempt from solar heat gain coefficient requirements and not included in the SHGC calculation. (Ord. 19485 § 78, 2022).
16.07.110 High-performance fenestration.
Section C402.4.1.1.2 of the International Energy Conservation Code is not adopted and the following is substituted:
High-performance fenestration (IECC C402.4.1.1.2). The following requirements shall be met:
1. All vertical fenestration in the building shall comply with the following maximum U-factors:
1.1. U-factor for Class AW windows rated in accordance with AAMA/CSA101/I.S.2/A440, vertical curtain walls and site-built fenestration products (fixed) = 0.30.
1.2. U-factor for Class AW windows rated in accordance with AAMA/CSA101/I.S.2/A440, vertical curtain walls and site-built fenestration products (operable) = 0.36.
1.3. Entrance doors = 0.60.
1.4. U-factor for all other vertical fenestration, fixed = 0.22.
1.5. U-factor for all other vertical fenestration, operable = 0.24.
2. The SHGC of the vertical fenestration shall be no more than 0.90 times the maximum SHGC values listed in IECC Table C402.4.
An area-weighted average may satisfy the U-factor requirement for each fenestration product category listed in subsection 1 of this section. Individual fenestration products from different fenestration product categories shall not be combined in calculating the area-weighted average U-factor. (Ord. 19485 § 79, 2022).
16.07.120 Lightning controls in daylight zones under skylights.
Section C402.4.2.1 of the International Energy Conservation Code is not adopted and the following is substituted:
Lighting controls in daylight zones under skylights (IECC C402.4.2.1). Where IECC 405.2.3.1 is cited in IECC 402.4.2, IECC 405.2.4 shall be used instead. Daylight responsive controls complying with IECC C405.2.4 shall be provided to control all electric lights within toplit zones. (Ord. 19485 § 80, 2022).
16.07.130 HVAC TSPR - medical office and residential applications.
Section C403.1.1 of the International Energy Conservation Code is supplemented with the following:
HVAC TSPR – medical office and residential applications (C403.1.1.1). Systems serving medical offices, and the dwelling units and residential common areas within R-2 multifamily, shall comply with 403.1.1.
EXCEPTION: Buildings or areas of medical office buildings that comply fully with ASHRAE Standard 170, including but not limited to surgical centers, or that are required by other applicable codes or standards to provide air handling units that operate 24 hours per day, 7 days per week. (Ord. 19485 § 81, 2022).
16.07.140 Use of electric resistance and fossil fuel-fired HVAC heating equipment.
Section C403.1 of the International Energy Conservation Code is supplemented with the following:
Use of electric resistance and fossil fuel-fired HVAC heating equipment (IECC C403.1.4). HVAC heating energy shall not be provided by electric resistance or fossil fuel combustion appliances. For the purposes of this section, electric resistance HVAC heating appliances include but are not limited to electric baseboard, electric resistance fan coil and VAV electric resistance terminal reheat units and electric resistance boilers. For the purposes of this section, fossil fuel combustion HVAC heating appliances include but are not limited to appliances burning natural gas, heating oil, propane or other fossil fuels.
EXCEPTIONS:
1. Pasteurization. Electric resistance heat controls are allowed to reset the supply water temperature of hydronic heating systems that serve service water heating heat exchangers during pasteurization cycles of the service hot water storage volume. The hydronic heating system supply water temperature shall be configured to be 145° F or lower during the pasteurization cycle.
2. Low heating capacity. Buildings or areas of buildings, other than dwelling units or sleeping units, that meet the interior temperature requirements of International Building Code Chapter 12 with a total installed HVAC heating capacity no more than 8.5 Btu/h (2.5 Watts) per square foot of conditioned space may be heated using electric resistance appliances. For the purposes of this exception, overhead or wall-mounted radiant heating panels installed in an unheated or semi-heated space, insulated in compliance with IECC C402.2.8 and controlled by occupancy sensing devices in compliance with IECC C403.11.1 shall not be part of the HVAC heating energy calculation.
3. Dwelling or sleeping units. Dwelling or sleeping units having an installed HVAC heating capacity no more than 750 Watts in any separate habitable room with exterior fenestration may be heated using electric resistance appliances.
3.1 Corner rooms. A room within a dwelling or sleeping unit that has two primary walls facing different cardinal directions, each with exterior fenestration, is permitted to have an installed HVAC heating capacity no more than 1000 watts. Bay windows and other minor offsets are not considered primary walls.
4. Small buildings. Buildings with less than 2,500 square feet of conditioned floor area may be heated using electric resistance appliances.
5. Defrost. Heat pumps may use electric resistance as the first stage of heating when a defrost cycle is required and is in operation.
6. Air-to-air heat pumps. Buildings may use electric resistance auxiliary heating to supplement heat pump heating for air-to-air heat pumps with that meet the following conditions:
6.1. Internal electric resistance heaters have controls that prevent supplemental heater operation when the heating load can be met by the heat pump alone during both steady-state operation and setback recovery.
6.2. The heat pump controls are configured to use the compressor to provide heating down to an outdoor air temperature of 17° F or lower;
6.3. The heat pump complies with the following:
a. Controlled bya digital or electronic thermostat designed for heat pump use that energizes the supplemental heat only when the heat pump has insufficient capacity to maintain set point or to warm up the space at a sufficient rate;
b. Controlled by a multistage space thermostat and an outdoor air thermostat wired to energize supplemental heat only on the last stage of the space thermostat and when outdoor air temperature is less than 32° F; or
c. The minimum efficiency of the heat pump is regulated by NAECA, its rating meets the requirements shown in IECC Table C403.3.2(2), and its rating includes all usage of internal electric resistance heating.
6.4 The heat pump rated heating capacity is sized to meet the heating load at an outdoor air temperature of 32° F or lower and has a rated heating capacity at 47° F no less than 2 times more than supplemental electric resistance heating capacity, or uses the smallest available factory-available internal electric resistance heater.
7. Air-to-water heat pumps, up to 2,000 MBH. Buildings may use electric resistance auxiliary heating to supplement heat pump heating for hydronic heating systems that have air-to-water heat pump heating capacity no more than 2,000 kBtu/h at 47° F, and that meet the following conditions:
7.1. Controls for the auxiliary electric resistance heating are configured to lock out the supplemental heat when the outside air temperature is above 32° F, unless the hot water supply temperature setpoint to the building heat coils cannot be maintained for 20 minutes;
7.2. The heat pump controls are configured to use the compressor as the first stage of heating down to an outdoor temperature of 17° F or lower except during startup or defrost operation; and
7.3. The heat pump rated heating capacity at 47° F is no less than 2 times more than supplemental electric resistance heating capacity.
8. Air-to-water heat pumps, up to 3,000 MBH. Buildings may use electric resistance auxiliary heating to supplement heat pump heating for hydronic heating systems that have air-to-water heat pump heating capacity more than 2,000 kBtu/hr and no more than 3,000 kBtu/hr at 47° F, and that meet the following conditions:
8.1. Controls for the auxiliary electric resistance heating are configured to lock out the supplemental heat when the outside air temperature is above 36° F, unless the hot water supply temperature setpoint to the building heat coils cannot be maintained for 20 minutes;
8.2. The heat pump controls are configured to use the compressor as the first stage of heating down to an outdoor temperature of 17° F or lower except during startup or defrost operation; and
8.3. The heat pump rated heating capacity at 47° F is no less than 1.75 times more than supplemental electric resistance heating capacity.
9. Air-to-water heat pumps, over 3,000 MBH. Buildings may use electric resistance auxiliary heating to supplement heat pump heating for hydronic heating systems that have air-to-water heat pump heating capacity more than 3,000 kBtu/h at 47° F, and that meet the following conditions:
9.1. Controls for the auxiliary electric resistance heating are configured to lock out the supplemental heat when the outside air temperature is above 40° F, unless the hot water supply temperature setpoint to the building heat coils cannot be maintained for 20 minutes;
9.2. The heat pump controls are configured to use the compressor as the first stage of heating down to an outdoor temperature of 17° F or lower except during startup or defrost operation; and
9.3. The heat pump rated heating capacity at 47° F is no less than 2 times more than supplemental electric resistance heating capacity.
10. Ground source heat pumps. Buildings may use electric resistance auxiliary heating to supplement heat pump heating for hydronic heating systems with ground source heat pump equipment that meets the following conditions:
10.1. Controls for the auxiliary resistance heating are configured to lock out the supplemental heat when the outdoor air temperature is above 32° F, unless the hot water supply temperature setpoint to the building heat coils cannot be maintained for 20 minutes;
10.2. The heat pump controls are configured to use the compressor as the first stage of heating down to an outdoor temperature of 17° F or lower; and
10.3. The heat pump rated heating capacity at 32° F entering water conditions is no less than 2 times more than supplemental electric resistance heating capacity.
11. Small systems. Buildings in which electric resistance or fossil fuel appliances, including decorative appliances, in total either provide less than 5 percent of the total building HVAC system heating capacity or serve less than 5 percent of the conditioned floor area.
12. Specific conditions. Portions of buildings that require fossil fuel or electric resistance space heating for specific conditions approved by the code official for research, health care, process or other specific needs that cannot practicably be served by heat pump or other space heating systems. This does not constitute a blanket exception for any occupancy type.
13. Kitchen exhaust. Make-up air for commercial kitchen exhaust systems required to be tempered by International Mechanical Code Section 508.1.1 may be heated using electric resistance appliances.
14. District energy. Steam or hot water district energy systems that use fossil fuels as their primary source of heat energy, that serve multiple buildings, and that were already in existence before January 1, 2023, including more energy-efficient upgrades to such existing systems, may serve as the primary heating energy source.
15. Heat tape. Heat tape is allowed where it protects water-filled equipment and piping located outside of the building thermal envelope if it is configured and controlled to be automatically turned off when the outside air temperature is above 40° F.
16. Temporary systems. Temporary electric resistance heating systems are allowed where serving future tenant spaces that are unfinished and unoccupied if the heating equipment is sized and controlled to achieve interior space temperatures no higher than 40° F.
17. Emergency generators. Emergency generators are permitted to use fossil fuels. (Ord. 19485 § 82, 2022).
16.07.150 Energy recovery ventilation with DOAS.
Section C403.3.5.1 of the International Energy Conservation Code is not adopted and the following is substituted:
Energy recovery ventilation with DOAS (IECC C403.3.5.1). The DOAS shall include energy recovery ventilation. The energy recovery system shall have a 60 percent enthalpy recovery effectiveness in accordance with IECC C403.7.6. For DOAS having a total fan system motor nameplate hp less than 5 hp, total combined fan power shall not exceed 1 W/cfm of outdoor air. For DOAS having a total fan system motor hp more than or equal to 5 hp, refer to fan power limitations of IECC C403.8.1. This fan power restriction applies to each dedicated outdoor air unit in the permitted project, but does not include the fan power associated with the zonal heating or cooling equipment or both. The airflow rate thresholds for energy recovery requirements in IECC Tables C403.7.6.1(1) and C403.7.6.1(2) do not apply.
EXCEPTIONS:
1. Occupied spaces with the following characteristics:
1.1. complies with IECC C403.7.6;
1.2. served by equipment less than 5,000 cfm;
1.3. has an average occupant load 15 people or more per 1,000 square feet (93 m2) of floor area (as established in International Mechanical Code Table 403.3.1.1);
1.4. includes demand control ventilation configured to reduce outdoor air by at least 50 percent below design minimum ventilation rates when the actual occupancy of the space served by the system is less than the design occupancy; and
1.5. is smaller than 650 square feet.
2. Systems installed for the sole purpose of providing makeup air for systems exhausting toxic, flammable, paint or corrosive fumes or dust, dryer exhaust or commercial kitchen hoods used for collecting and removing grease vapors and smoke.
3. The energy recovery systems for R-1 and R-2 occupancies are permitted to provide 60 percent minimum sensible heat recovery effectiveness in lieu of 60 percent enthalpy recovery effectiveness. The return/exhaust air stream temperature for heat recovery device selection shall be 70° F or as determined by an approved calculation procedure. (Ord. 19485 § 83, 2022).
16.07.160 Heat pump supplementary heat.
Section C403.4.1.1 of the International Energy Conservation Code is not adopted and the following is substituted:
Heat pump supplementary heat (IECC C403.4.1.1). Heat pumps equipped with internal electric resistance heaters shall have controls that prevent supplemental heater operation when the heating load can be met by the heat pump alone during both steady-state operation and setback recovery. Supplemental heater operation is permitted during outdoor coil defrost cycles. Heat pumps equipped with supplementary heaters shall comply with all conditions of IECC C403.1.4.
EXCEPTION: Heat pumps whose minimum efficiency is regulated by NAECA and whose ratings meet the requirements shown in IECC Table C403.3.2(2) and include all usage of internal electric resistance heating. (Ord. 19485 § 84, 2022).
16.07.170 Demand control ventilation.
Section C403.7.1 of the International Energy Conservation Code is not adopted and the following is substituted:
Demand control ventilation (IECC C403.7.1). Demand control ventilation (DCV) shall be provided for spaces larger than 500 square feet (46.5 m) and with an average occupant load of 15 people or more per 1,000 square feet (93 m2) of floor area, as established in International Mechanical Code Table 403.3.1.1, and served by systems with one or more of the following:
1. An air-side economizer;
2. Automatic modulating control of the outdoor air damper; or
3. A design outdoor airflow more than 3,000 cfm (1,416 L/s).
EXCEPTIONS:
1. Systems with energy recovery complying with IECC C403.7.6.1 or IECC C403.3.5.1. This exception is not available for space types located within the "inclusions" column of Groups A-1 and A-3 occupancy classifications of IECC Table C403.3.5.
2. Multiple-zone systems without direct digital control of individual zones communicating with a central control panel.
3. Multiple-zone systems with a design outdoor airflow less than 750 cfm (354 L/s).
4. Spaces, including but not limited to dining areas, where more than 75 percent of the space design outdoor airflow is transfer air required for makeup air supplying an adjacent commercial kitchen.
5. Ventilation provided only for process loads.
6. Spaces with one of the following occupancy categories, as defined by the International Mechanical Code: correctional cells, daycare sickrooms, science labs, barbers, beauty and nail salons and bowling alley seating.
7. Dormitory sleeping units. (Ord. 19485 § 85, 2022).
16.07.180 Energy recovery ventilation systems.
Section C403.7.6 of the International Energy Conservation Code is not adopted and the following is substituted:
Energy recovery ventilation systems (IECC C403.7.6). Any system with minimum outside air requirements at design conditions more than 5,000 cfm or any system where the system's supply airflow rate exceeds the value listed in IECC Tables C403.7.6(1) and C403.7.6(2), based on the climate zone and percentage of outdoor airflow rate at design conditions, shall include an energy recovery system. IECC Table C403.7.6(1) shall be used for all ventilation systems that operate less than 8,000 hours per year, and IECC Table C403.7.6(2) shall be used for all ventilation systems that operate 8,000 hours or more per year. The energy recovery system shall have the capability to provide a change in the enthalpy of the outdoor air supply of not less than 60 percent of the difference between the outdoor air and return air enthalpies, at design conditions. Where an air economizer is required, the energy recovery system shall include a bypass of the energy recovery media for both the outdoor air and exhaust air or return air dampers and controls which permit operation of the air economizer as required by IECC C403.5. Where a single room or space is supplied by multiple units, the aggregate ventilation (cfm) of those units shall be used in applying this requirement. The return/exhaust air stream temperature for heat recovery device selection shall be 70° F (21° C) at 30 percent relative humidity, or as calculated by the registered design professional.
EXCEPTIONS:
1. The energy recovery systems for occupancy type I-2 hospitals, medical office buildings and buildings that primarily consist of technical laboratory spaces may provide a change of enthalpy of the outdoor air and return air of not less than 50 percent of the difference between the outdoor air and return air enthalpies, at design conditions. These occupancies may also use exception 3.
2. The energy recovery systems for R-1 and R-2 occupancies shall have a 60 percent minimum sensible heat recovery effectiveness, in lieu of 60 percent enthalpy recovery effectiveness. The return/exhaust air stream temperature for heat recovery device selection shall be 70° F (21° C), or as calculated by the registered design professional.
3. An energy recovery ventilation system shall not be required under the following conditions:
3.1. Where energy recovery systems are restricted by International Mechanical Code Section 514 to sensible energy, recovery shall comply with the following:
a. Kitchen exhaust systems where they comply with IECC C403.7.7.1;
b. Laboratory fume hood systems where they comply with Exception 2 of IECC C403.7.6; or
c. Other sensible energy recovery systems with the capability to provide a change in dry bulb temperature of the outdoor air supply of not less than 50 percent of the difference between the outdoor air and the return air dry bulb temperatures, at design conditions.
3.2. Laboratory fume hood systems that include at least one of the following features and also comply with IECC C403.7.7.2:
a. Variable-air-volume hood exhaust and room supply systems capable of reducing exhaust and makeup air volume to 50 percent or less of design values; or
b. Direct makeup (auxiliary) air supply equal to at least 75 percent of the exhaust rate, heated no warmer than 2° F (1.1° C) above room set point, cooled to no cooler than 3° F (1.7° C) below room set point, no humidification added and no simultaneous heating and cooling used for dehumidification control.
3.3. Systems serving spaces that are heated to less than 60° F (15.5° C) and are not cooled.
3.4. Where more than 60 percent of the outdoor air heating energy is provided from site-recovered energy.
3.5. Systems exhausting toxic, flammable, paint or corrosive fumes or dust.
3.6. Cooling energy recovery in Climate Zones 3C, 4C, 5B, 5C, 6B, 7 and 8.
3.7. Systems requiring dehumidification that use energy recovery in series with the cooling coil.
3.8. Multi-zone systems where the supply airflow rate is less than the values specified in IECC Tables C403.7.6(1) and C403.7.6(2) for the corresponding percent of outdoor air. Where a value of NR is listed, energy recovery shall not be required.
3.9. Equipment which meets the requirements of IECC C403.9.2.4.
3.10. Systems serving Group R-1 and R-3 dwelling or sleeping units where the largest source of air exhausted at a single location at the building exterior is less than 25 percent of the design outdoor air flow rate. (Ord. 19485 § 86, 2022).
16.07.190 C 403.10 Construction of HAVAC system elements.
Section C403.10 of the International Energy Conservation Code is not adopted and the following is substituted:
C403.10 Construction of HVAC system elements. Ducts, plenums, piping and other elements that are part of an HVAC system shall be constructed and insulated in accordance with Sections C403.10.1 through C403.10.4. (Ord. 19485 § 87, 2022).
16.07.200 Insulation of refrigerant piping.
Section C403.10 of the International Energy Conservation Code is supplemented with the following:
Insulation of refrigerant piping (C403.10.4). Refrigerant piping, other than piping factory installed in HVAC equipment, shall have minimum 1/2-inch insulation within conditioned spaces and 1-inch insulation outside of conditioned spaces, at a conductivity rating of 0.21 to 0.26 Btu x in/(h x ft2 x ° F) with a mean temperature rating of 75° F. (Ord. 19485 § 88, 2022).
16.07.210 Commercial food service.
Section C403 of the International Energy Conservation Code is supplemented with the following:
Commercial food service (C403.14). The following types of equipment within the scope of the applicable Energy Star program shall comply with the applicable energy-
efficiency and water-efficiency criteria required to achieve the Energy Star label:
1. Commercial fryers.
2. Commercial hot food holding cabinets.
3. Commercial steam cookers.
4. Commercial dishwashers. (Ord. 19485 § 89, 2022).
16.07.220 Service water heating system type.
Sections C404.2.1 and C404.2.2 of the International Energy Conservation Code are not adopted and the following is substituted:
Service water heating system type (C404.2.1 and C404.2.2). In buildings with central service water heating systems serving four or more Group R-1 or R-2 dwelling or sleeping units, and in any other building that has a heated water circulation system or a combined water heating capacity greater than 15 kW (51,195 Btu/h) under a single permit, the primary service water heating equipment shall not use fossil fuel combustion or electric resistance. Service hot water shall be provided by an air-source HPWH system meeting the requirements of this section, or a ground-source HPWH system. Supplemental service water heating equipment is permitted to use electric resistance in compliance with IECC C404.2.1.2 and C404.2.2.2.
EXCEPTIONS:
1. Unitary heat pump water heaters located in conditioned space are permitted where they are sized to meet all calculated service water heating demand using the heat pump compressor, and not supplementary heat.
2. A service water heating system in a tenant space under a separate permit with a total heating capacity no greater than 15 kW (51,195 Btu/h) is permitted to be electric resistance.
3. Point of use instantaneous electric water heaters serving fixtures no more than 8 feet of developed pipe length from the water heater are permitted and do not contribute to the building combined water heating capacity calculation.
4. Solar thermal, wastewater heat recovery, other approved waste heat recovery, water-source heat pump system utilizing waste heat or combinations thereof, are permitted to offset all or any portion of the required HPWH capacity where such systems comply with this code and the Plumbing Code.
5. Systems meeting the requirements of the Northwest Energy Efficiency Alliance (NEEA) Advanced Water Heater Specifications for central service water heating systems. (Ord. 19485 § 90, 2022).
16.07.230 System Design.
Sections C404.2.1 and C404.2.2 of the International Energy Conservation Code are supplemented with the following:
System Design (C404.2.1.1 and C404.2.2.1). The system proposed to meet IECC C404.2.1 and C404.2.2 shall conform to the following design requirements:
1. Primary heat pump system sizing: The system shall include a primary service minimum output at 40° F outdoor air temperature that provides sufficient hot water for occupancy uses as calculated using the equipment manufacturer's selection criteria or another approved methodology. Air source heat pumps shall be sized to deliver no less than 50 percent of the calculated demand for hot water production during the peak demand period when entering air temperature is 24° F.
EXCEPTION. 50 percent sizing at 24° F is not required for heat pumps located in a below-grade enclosed parking structure or other ventilated and unconditioned space that is not anticipated to fall below 40° F at any time.
2. Primary hot water storage sizing. The system shall provide sufficient hot water, as calculated using an approved methodology, to satisfy peak demand period requirements.
3. The service water heating system shall be configured to conform to the following:
3.1. For single-pass HPWHs, temperature maintenance heating provided for reheating return water from the building's heated water circulation system shall be physically decoupled from the primary service water heating system storage tank(s) in a manner that prevents destratification of the primary system storage tanks. Temperature maintenance heating is permitted to be provided by electric resistance or a separate dedicated heat pump system; or
3.2. For multi-pass HPWHs, recirculated temperature maintenance water is permitted to be returned to the primary water storage tanks for reheating.
4. Mixing valve: A thermostatic mixing valve capable of supplying hot water to the building at the user temperature set point shall be provided, in compliance with requirements of the Uniform Plumbing Code and the HPWH manufacturer's installation guidelines. The mixing valve shall be sized and rated to deliver tempered water in a range from the minimum flow of the temperature maintenance recirculation system up to the maximum demand for the fixtures served. (Ord. 19485 § 91, 2022).
16.07.240 Supplemental Water Heaters.
Sections C404.2.1 and C404.2.2 of the International Energy Conservation Code are supplemented with the following:
Supplemental Water Heaters ( C404.2.1.2 and C404.2.2.2). Total supplemental electric resistance water heating equipment shall not have an output capacity more than the primary water heating equipment at 40° F entering air temperature. Supplemental electric resistance heating is permitted for the following uses:
1. Temperature maintenance of heated-water circulation systems, physically separate from the primary service water heating system. Temperature maintenance heating capacity shall be no more than the primary water heating capacity at 40° F.
2. Defrost of compressor coils.
3. Heat tracing of piping for freeze protection or for temperature maintenance in lieu of recirculation of hot water.
4. Backup or low ambient temperature conditions if:
4.1. The supplemental heating capacity is no more than the primary service water heating capacity at 40° F;
4.2. During normal operations the supplemental heating is controlled to operate only when the entering air temperature at the air-source HPWH is below 40° F, and the primary HPWH compressor continues to operate together with the supplemental heating when the entering air temperature is between 17° F and 40° F; and
4.3. The primary water heating equipment cannot satisfy the system load due to equipment failure or entering air temperature below 40° F.
5. Supplemental heating downstream from a multi-pass HPWH system.
6. Stand-alone electric water heaters serving single zones not served by the central water heating system. (Ord. 19485 § 92, 2022).
16.07.250 Storage tank insulation.
Section C404.6 of the International Energy Conservation Code is supplemented with the following:
Storage tank insulation(C404.6.1). Unfired storage tanks used to store service hot water at temperatures above 130° F shall be wrapped with an insulating product, installed in accordance with the insulation manufacturer's instructions and providing a minimum of R-2 additional insulation for every 10° F increase in stored water temperature above 130° F. Such additional insulation is also permitted to be integral to the tank. The insulation is permitted to be discontinuous at structural supports. (Ord. 19485 § 93, 2022).
16.07.260 Multiple riser systems - thermostatic balancing valve.
Section C404.7.1.2 of the International Energy Conservation Code is supplemented with the following:
Multiple riser systems – thermostatic balancing valve (IECC C404.7.1.2.1). For heated water circulation systems that have multiple risers and use a variable flow circulation pump, each riser shall have a self-actuating thermostatic balancing valve. (Ord. 19485 § 94, 2022).
16.07.270 Electronic thermostatic mixing valve.
Section C404.7.1 of the International Energy Conservation Code is supplemented with the following:
Electronic thermostatic mixing valve (IECC C404.7.1.3). Where a heated water circulation system uses an electronic thermostatic mixing valve (TMV) to control the temperature of hot water supplied to the building, the thermostatic mixing valve (TMV) shall be configured so that it either reverts closed to fully cold, or maintains its current valve position upon power failure or cessation of circulation flow. (Ord. 19485 § 95, 2022).
16.07.280 Pipe insulation.
Section C404.7.3 of the International Energy Conservation Code is supplemented with the following:
Pipe insulation (IECC C404.7.3.1). For heated water circulation systems, both supply and return pipe insulation shall be at minimum one inch thicker than that required by IECC Table C403.10.3.
EXCEPTION: Where piping is centered within a wall, ceiling or floor framing cavity with a depth at least four inches more than the diameter of the pipe and that is completely filled with batt or blown-in insulation, additional pipe insulation is not required. (Ord. 19485 § 96, 2022).
16.07.290 Demand recirculation controls.
Section C404.8 of the International Energy Conservation Code is not adopted and the following is substituted:
Demand recirculation controls (C404.8). Demand recirculation water systems are not permitted. (Ord. 19485 § 97, 2022).
16.07.300 Lighting controls.
Section C405.2 of the International Energy Conservation Code is not adopted and the following is substituted:
Lighting controls (IECC C405.2). Lighting systems shall be provided with controls that comply with the following:
1. Lighting controls as specified in IECC C405.2.1 through C405.2.7. Any contiguous open office area larger than 5,000 square feet shall have its general lighting controlled by:
1.1. An enhanced digital lighting control system conforming to the requirements of IECC C406.4; or
1.2. LLLC conforming to the requirements in subsection 2. of this section; or
2. LLLC for all areas and lighting controls specified in IECC C405.2.1, C405.2.3 and C405.2.5. The LLLC luminaires shall be independently configured to:
2.1. Monitor occupant activity to brighten or dim lighting when occupied or unoccupied, respectively;
2.2. Monitor ambient light, both electric and daylight, and brighten or dim artificial light to maintain desired light level. A maximum of 8 fixtures may be controlled together to maintain uniform light levels within a single daylight zone; and
2.3. For each control strategy, be capable of configuration and re-configuration of performance parameters including bright and dim set points, timeouts, dimming fade rates, sensor sensitivity adjustments and wireless zoning configuration.
EXCEPTIONS: Except for specific application controls required by IECC C405.2.5, lighting controls are not required for the following:
1. Areas designated as security or emergency areas that are required to be continuously lighted.
2. Means of egress illumination serving the exit access that does not exceed 0.01 watts per square foot of building area.
3. Emergency egress lighting that is normally off.
4. Industrial or manufacturing process areas required for production and safety. (Ord. 19485 § 98, 2022).
16.07.310 Interior Lighting Power Allowances - Building Area Method.
Table C405.4.2(1) of the International Energy Conservation Code is not adopted and the following is substituted:
Table C405.4.2(1)
Interior Lighting Power Allowances—Building Area Method
|
Building Area Type |
LPD (w/ft2) |
|
Automotive facility |
0.58 |
|
Convention center |
0.58 |
|
Court house |
0.71 |
|
Dining: Bar lounge/leisure |
0.71 |
|
Dining: Cafeteria/fast food |
0.65 |
|
Dining: Family |
0.64 |
|
Dormitorya,b |
0.41 |
|
Exercise center |
0.60 |
|
Fire stationa |
0.49 |
|
Gymnasium |
0.68 |
|
Health care clinic |
0.63 |
|
Hospitala |
0.84 |
|
Hotel/motela,b |
0.50 |
|
Library |
0.75 |
|
Manufacturing facility |
0.74 |
|
Motion picture theater |
0.40 |
|
Multifamilyc |
0.37 |
|
Museum |
0.50 |
|
Office |
0.58 |
|
Parking garage |
0.13 |
|
Penitentiary |
0.65 |
|
Performing arts theater |
0.76 |
|
Police station |
0.60 |
|
Post office |
0.59 |
|
Religious building |
0.60 |
|
Retail |
0.76 |
|
School/university |
0.63 |
|
Sports arena |
0.54 |
|
Town hall |
0.62 |
|
Transportation |
0.45 |
|
Warehouse |
0.36 |
|
Workshop |
0.82 |
Footnotes:
a. Where sleeping units are excluded from lighting power calculations by application of IECC R404.1, neither the area of the sleeping units nor the wattage of lighting in the sleeping units shall be counted.
b. Where dwelling units are excluded from lighting power calculations by application of IECC R404.1, neither the area of the dwelling units nor the wattage of lighting in the dwelling units shall be counted.
c. Dwelling units are excluded. Neither the area of the dwelling units nor the wattage of lighting in the dwelling units shall be counted. (Ord. 19485 § 99, 2022).
16.07.320 Interior Lighting Power Allowances - Space-by-Space Method.
Table C405.4.2(2) of the International Energy Conservation Code is not adopted and the following is substituted:
Table C405.4.2(2)
Interior Lighting Power Allowances—Space-by-Space Method
|
Common Space-by-Space Typesa |
LPD (w/ft2) |
|
Atrium - Less than 20 feet in height |
0.35 |
|
Atrium - 20 to 40 feet in height |
0.43 |
|
Atrium - Above 40 feet in height |
0.54 |
|
Audience/seating area - Permanent In an auditorium In a gymnasium In a motion picture theater In a penitentiary In a performing arts theater In a religious building In a sports arena Otherwise |
0.55 0.21 0.24 0.67 1.04 0.65 0.30 0.21 |
|
Banking activity area |
0.55 |
|
Breakroom (see Lounge/breakroom) |
|
|
Classroom/lecture hall/training room In a penitentiary Otherwisem |
0.89 0.64 |
|
Computer room, data center |
0.85 |
|
Conference/meeting/multipurpose |
0.87 |
|
Confinement cell |
0.63 |
|
Copy/print room |
0.28 |
|
Corridor In a facility for the visually impaired (and not used primarily by the staff)b In a hospital In a manufacturing facility Otherwisec,f |
0.71
0.71 0.37 0.37 |
|
Courtroomc |
1.08 |
|
Dining area In a penitentiary In a facility for the visually impaired (and not used primarily by the staff)b In a bar/lounge or leisure diningn In cafeteria or fast food dining In a family dining arean Otherwise |
0.42 1.27
0.77 0.36 0.54 0.39 |
|
Electrical/mechanical |
0.39 |
|
Emergency vehicle garage |
0.47 |
|
Food preparation |
0.98 |
|
Guest rooma,b |
0.37 |
|
Laboratory In or as a classroom Otherwise |
1.00 1.20 |
|
Laundry/washing area |
0.48 |
|
Loading dock, interior |
0.79 |
|
Lobbyc In a facility for the visually impaired (and not used primarily by the staff)b For an elevator In a hotel In a motion picture theater In a performing arts theater Otherwise |
1.69
0.59 0.46 0.21 1.13 0.76 |
|
Locker room |
0.47 |
|
Lounge /breakroomn In a health care facility Otherwise |
0.42 0.53 |
|
Office Enclosed < 250 Enclosed > 250 Open plan |
0.67 0.59 0.55 |
|
Parking area, interior |
0.14 |
|
Pharmacy area |
1.66 |
|
Restroom In a facility for the visually impaired (and not used primarily by the staff)b Otherwisen |
1.26
0.57 |
|
Sales area |
0.95 |
|
Seating area, general |
0.21 |
|
Stairwelln |
0.44 |
|
Storage room < 50 ft2 50-100 ft2 All of the storage b |
0.46 0.34 0.34 |
|
Vehicular maintenance |
0.54 |
|
Workshop |
1.13 |
Building Specific Space-by-Space Typesa
|
Building Specific Space-by-Space Typesa |
LPDd (w/ft2) |
|
Automotive - (See Vehicular maintenance, above) |
|
|
Convention center - Exhibit space |
0.55 |
|
Dormitory living quarters a,b |
0.45 |
|
Facility for the visually impairedb In a chapel (and not used primarily by the staff)b In a recreation room (and not used primarily by the staff)b |
0.70
1.77 |
|
Fire stations - Sleeping quartersg
|
0.21
|
|
Gymnasium/fitness center In an exercise area In a playing area |
0.83 0.77 |
|
Health care facility In an exam/treatment room In an imaging room In a medical supply room In a nursery In a nurse's station In an operating room In a patient roomg In a physical therapy room In a recovery room |
1.40 0.94 0.62 0.92 1.17 2.26 0.68 0.91 1.25 |
|
Libraryf In a reading arean In the stacks |
0.86 0.99 |
|
Manufacturing facility In a detailed manufacturing area In an equipment room In an extra high bay area (more than 50-foot floor-to-ceiling height) In a high bay area (25 - 50-foot floor-to-ceiling height) In a low bay area (< 25-foot floor-to-ceiling height) |
0.72 0.68 1.28
1.12
0.77 |
|
Museum In a general exhibition area In a restoration room |
0.28 0.99 |
|
Performing arts theater dressing/fitting room |
0.37 |
|
Post office - Sorting area |
0.69 |
|
Religious building In a fellowship halln In a worship pulpit/choir arean |
0.49 0.77 |
|
Retail In a dressing/fitting room In a mall concourse |
0.46 0.74 |
|
Sports arena—Playing area For a Class 1 facilityi For a Class 2 facilityj For a Class 3 facilityk For a Class 4 facilityl |
2.94 2.01 1.30 0.86 |
|
Transportation In a baggage/carousel area In an airport concourse At a terminal ticket countern |
0.35 0.23 0.46 |
|
Warehouse—Storage area For medium to bulky palletized items For smaller, hand-carried items |
0.30 0.62 |
For SI: 1 foot = 304.8 mm, 1 watt per square foot = 11 W/m2.
Footnotes:
a. If both a common space type and a building area specific space type are listed, the building area specific space type shall apply.
b. A facility for the visually impaired is a facility that is licensed or will be licensed by local or state authorities for senior long-term care, adult daycare, senior support or people with special visual needs.
c. For spaces in which lighting is specified to be installed in addition to, and controlled separately from, the general lighting for the purpose of highlighting art or exhibits if the additional lighting power shall not exceed 0.5 W/ft2 of such spaces.
d. For scientific laboratories, additional lighting power allowance of 0.35 W/ft2 for specialized task work - lighting that provides for small-scale, cognitive or fast performance visual tasks, lighting required for operating specialized equipment associated with pharmaceutical or laboratorial activities or both.
e. For offices, additional lighting power allowance of 0.20 W/ft2 for portable lighting, which includes under shelf or furniture-mounted supplemental task lighting qualifies when controlled by a time clock or an occupancy sensor.
f. For corridors, additional lighting power allowance of 0.25 W/ft2 display lighting and decorative lighting where provided for aesthetic purposes. Decorative lighting fixtures in corridors may also provide general lighting. This additional allowance is not permitted to be used together with the allowance in footnote c for highlighting art or exhibits.
g. Where sleeping units are excluded from lighting power calculations by application of IECC R404.1, neither the area of the sleeping units nor the wattage of lighting in the sleeping units shall be counted.
h. Where dwelling units are excluded from lighting power calculations by application of IECC R404.1, neither the area of the dwelling units nor the wattage of lighting in the dwelling units shall be counted.
i. Class I facilities consist of professional facilities; and semiprofessional, collegiate or club facilities with seating for 5,000 or more spectators.
j. Class II facilities consist of collegiate and semiprofessional facilities with seating for fewer than 5,000 spectators; club facilities with seating between 2,000 and 5,000 spectators; and amateur league and high school facilities with seating for more than 2,000 spectators.
k. Class III facilities consist of club, amateur league and high school facilities with seating for 2,000 or fewer spectators.
l. Class IV facilities consist of elementary school and recreational facilities; and amateur league and high school facilities without provisions for spectators.
m. For classrooms, additional lighting power allowance of 4.50 W/lineal foot of white or chalk boards for directional lighting dedicated to white or chalk boards.
n. Additional lighting power allowance of 0.30 W/ft2 for ornamental lighting. Qualifying ornamental lighting includes luminaires such as chandeliers, sconces, lanterns, neon and cold cathode, light emitting diodes, theatrical projectors, moving lights and light color panels when any of those lights are used in a decorative manner that does not serve as display lighting or general lighting. Ornamental lighting shall be controlled separately from general lighting. (Ord. 19485 § 100, 2022).
16.07.330 Exterior lighting power allowance - covered parking garages.
Section C405.5.3 of the International Energy Conservation Code is supplemented with the following:
Exterior lighting power allowance – covered parking garages (IECC C405.5.3.2). Covered parking garage lighting is not considered exterior lighting for the purposes of this calculation. (Ord. 19485 § 101, 2022).
16.07.340 Electric receptacles at dwelling unit gas appliances.
Section C405.7 of the International Energy Conservation Code is supplemented with the following:
Electric receptacles at dwelling unit gas appliances (C405.7.1). Where dwelling unit appliances are served by natural gas, an electrical receptacle and circuit shall be provided at each gas appliance with sufficient capacity to serve a future electric appliance in the same location. The receptacle for each gas appliance shall be located within 12 inches of the appliance and without obstructions between the appliance and the outlet. The receptacles and circuits shall be included in the electrical service load calculation and shall meet the following requirements:
1. Each gas range, cooktop or oven location shall be served by a dedicated 240/208-voltage, 40-amperage receptacle connected to the dwelling unit electric panel with a 3-conductor branch circuit and a minimum included load of 9,600 volt-amps (VA) for 240-voltage systems or 8,000 VA for 208-voltage systems.
2. Each gas clothes dryer location shall be served by a dedicated 240/208-voltage, 30-amperage receptacle connected to the dwelling unit electric panel with a 3-conductor branch circuit and a minimum included load of 5,000 volt-amps (VA).
3. Each gas domestic water heater location shall be served by a dedicated 240/208 voltage, 30-amperage outlet connected to the dwelling unit electrical panel with a 3-conductor branch circuit and a minimum included load of 4,500 volt-amps (VA).
EXCEPTION: An electric receptacle is not required for a gas fireplace. (Ord. 19485 § 102, 2022).
16.07.350 Additional energy efficiency credit requirements.
Section C406.1 of the International Energy Conservation Code is not adopted and the following is substituted:
Additional energy efficiency credit requirements (C406.1). New buildings and changes in space conditioning, change of occupancy and building additions in accordance with IECC Chapter 5 shall comply with sufficient packages from IECC Table C406.1 so as to achieve a minimum number of 8 credits. Each area may apply for different packages if all areas in the building comply with the requirement for eight credits. Areas included in the same permit within mixed-use buildings may demonstrate compliance by an area weighted average number of credits by building occupancy achieving a minimum number of 8credits.
EXCEPTIONS:
1. Low energy spaces in accordance with IECC C402.1.1.1 and equipment buildings in accordance with IECC C402.1.2 shall comply with sufficient packages from IECC Table C406.1 to achieve a minimum number of 4 credits.
2. Building additions that have less than 1,000 square feet of conditioned floor area shall comply with sufficient packages from IECC Table C406.1 to achieve a minimum number of 4 credits.
TABLE C406.1
EFFICIENCY PACKAGE CREDITS
|
Code Section |
Commercial Building Occupancy |
|||||
|
Group R-1 |
Group R-2 |
Group B |
Group E |
Group M |
All Other |
|
|
Additional Efficiency Credits |
||||||
|
1. More efficient HVAC performance in accordance with IECC C406.2 |
2.0 |
3.0 |
3.0 |
2.0 |
1.0 |
2.0 |
|
2. Reduced lighting power: Option 1 in accordance with IECC C406.3.1 |
1.0 |
1.0 |
2.0 |
2.0 |
3.0 |
2.0 |
|
3. Reduced lighting power: Option 2 in accordance with IECC C406.3.2a |
2.0 |
3.0 |
4.0 |
4.0 |
6.0 |
4.0 |
|
4. Enhanced lighting controls in accordance with IECC C406.4 |
NA |
NA |
1.0 |
1.0 |
1.0 |
1.0 |
|
5. On-site supply of renewable energy in accordance with IECC C406.5 |
3.0 |
3.0 |
3.0 |
3.0 |
3.0 |
3.0 |
|
5.1. 1/3 of renewable energy required by IECC C406.5 |
1.0 |
1.0 |
1.0 |
1.0 |
1.0 |
1.0 |
|
5.2. 2/3 of renewable energy required by IECC C406.5 |
2.0 |
2.0 |
2.0 |
2.0 |
2.0 |
2.0 |
|
6. Dedicated outdoor air system in accordance with IECC C406.6b |
4.0 |
2.0 d |
4.0 |
NA |
NA |
4.0 |
|
7. High performance dedicated outdoor air system in accordance with IECC C406.7 |
4.0 |
4.0 |
4.0 |
4.0 |
4.0 |
4.0 |
|
8. High-efficiency service water heating in accordance with IECC C406.8.1 and C406.8.2 |
NA |
NA |
NA |
NA |
NA |
NA |
|
9. High performance service water heating in accordance with IECC C406.9 |
5.0 |
5.0 |
3.0f |
NA |
NA |
3.0e |
|
10. Enhanced envelope performance in accordance with IECC C406.10c |
3.0 |
6.0 |
3.0 |
3.0 |
3.0 |
4.0 |
|
11. Reduced air infiltration in accordance with IECC C406.11 c |
1.0 |
2.0 |
1.0 |
1.0 |
1.0 |
1.0 |
Footnotes:
a. Projects using this option may not use Item 2. of IECC Table C406.1.
b. This option is not available to buildings subject to the prescriptive requirements of IECC C403.3.5 or C403.6.
c. Buildings or building areas that are exempt from thermal envelope requirements in accordance with IECC C402.1.1 and C402.1.2 do not qualify for this package.
d. 4.0 credits, instead of 2.0 credits, may be applied to areas of R-2 occupancy buildings other than dwelling units, including corridors, lobbies and tenant amenity spaces, where those areas comply with the requirements for this credit.
e. Buildings, building additions, building area, occupancy type or tenant spaces with a service hot water load of 10 percent or more of total building energy loads, as demonstrated through an energy analysis complying with IECC C407, or a minimum service water energy use of 15,000 Btu per square foot per year, as demonstrated through an alternate service hot water load calculation method approved by the code official, are permitted to apply this credit.
f. In Group B occupancies, the high-performance service water heating credit applies only to research and production laboratory spaces, and adjacent circulation serving those laboratory spaces, but not to associated office or other space uses. (Ord. 19485 § 103, 2022).
16.07.360 Tenant spaces.
Section C406.1.1 of the International Energy Conservation Code is not adopted and the following is substituted:
Tenant spaces (IECC 406.1.1). Initial tenant improvements shall comply with IECC C406.1.1.1, C406.1.1.2 and sufficient packages from IECC Table C406.1 to achieve a minimum number of 8 credits when the space is fully built out. In buildings with multiple tenant spaces, each tenant space may apply for different packages if all areas in the building comply with the requirement for eight credits when the space is fully built-out. This provision only applies to the initial build-out of a tenant space. For the purposes of this section, tenant space means any conditioned area within a new building that is constructed for first occupancy under a separate permit from the shell and core permits. (Ord. 19485 § 104, 2022).
16.07.370 More efficient HVAC equipment and fan performance.
Section C406.2 of the International Energy Conservation Code is not adopted and the following is substituted:
More efficient HVAC equipment and fan performance (C406.2). No less than 90 percent of the total HVAC capacity serving the total conditioned floor area of the entire building, building addition, building area, occupancy type or tenant space in accordance with IECC C406.1.1, shall comply with IECC C406.2.1 through C406.2.3. In addition, systems required to comply with IECC C403.1.1 shall exceed the HVAC TSPR of the standard reference design by 10 percent. This credit shall not be used for low energy or semi-heated space conditioning categories. (Ord. 19485 § 105, 2022).
16.07.380 HVAC system selection.
Section C406.2.1 of the International Energy Conservation Code is not adopted and the following is substituted:
HVAC system selection (IECC C406.2.1). Equipment installed shall be types that are listed in IECC Tables C403.3.2(1) through C403.3.2(12) or a combination thereof. Electric resistance heating shall not meet this requirement. No HVAC systems incorporating fossil fuel-fired equipment, or heat from district energy systems that are primarily heated by fossil fuel combustion, shall use this credit. (Ord. 19485 § 106, 2022).
16.07.390 Enhanced digital lighting controls.
Section C406.4 of the International Energy Conservation Code is not adopted and the following is substituted:
Enhanced digital lighting controls (IECC C406.4). Not less than 90 percent of the total installed interior lighting power within the whole building, building addition or tenant space shall comply with IECC C406.4.1. Open office areas subject to IECC C405.2(1) shall not take credit for this option. Lighting control functions shall comply with IECC C406.1, with control functions commissioned in accordance with IECC C408.1 and C408.3. (Ord. 19485 § 107, 2022).
16.07.400 On-site renewable energy.
Section C406.5 of the International Energy Conservation Code is not adopted and the following is substituted:
On-site renewable energy (IECC C406.5). In addition to the renewable energy required by IECC C412 and to renewable energy used to comply with any other requirement of this code, a whole building, building addition, building area or tenant space shall be provided with on-site renewable energy systems with a rated peak renewable energy generating capacity of no less than 0.25 watts (or 0.85 Btu/h) per square foot of conditioned floor area based on the total conditioned floor area of the whole building, building addition, building area or tenant space. The on-site renewable energy provided to comply with this option shall be separate from on-site renewable energy provided to comply with IECC C406.8 or other requirements of this code, or used to qualify for any exception in this code. (Ord. 19485 § 108, 2022).
16.07.410 Dedicated outdoor air system (DOAS) - No fossil fuel-fired HVAC may use this credit.
Section C406.6 of the International Energy Conservation Code is supplemented with the following:
Dedicated outdoor air system (DOAS) – No fossil fuel-fired HVAC may use this credit (IECC C406.6.1). HVAC systems incorporating fossil fuel-fired equipment, or heat from district energy systems that are primarily heated by fossil fuel combustion, shall not use this credit. (Ord. 19485 § 109, 2022).
16.07.420 High performance dedicated outdoor air system (DOAS) - No fossil fuel-fired HVAC may use this credit.
Section C406.7 of the International Energy Conservation Code is supplemented with the following:
High performance dedicated outdoor air system (DOAS) – No fossil fuel-fired HVAC may use this credit (IECC C406.7.1). HVAC systems incorporating fossil fuel-fired equipment, or heat from district energy systems that are primarily heated by fossil fuel combustion, shall not use this credit. (Ord. 19485 § 110, 2022).
16.07.430 Reduced energy use in service water heating.
Section C406.8 of the International Energy Conservation Code is not adopted, and the following is substituted:
Reduced energy use in service water heating (IECC C406.8). Buildings with service hot water heating equipment that serves the whole building, building addition or tenant space shall comply with IECC C406.8.1 and C406.8.2. Service water heating systems incorporating fossil fuel-fired equipment, or heat from district energy systems that are primarily heated by fossil fuel combustion, shall not use this credit. On-site renewable energy water-heating systems proposed for this credit shall only qualify where those systems are in addition to the renewable energy required by IECC C412 and any renewable energy used to comply with other requirements of this code. (Ord. 19485 § 111, 2022).
16.07.440 High performance serive water heating in hotel and multifamily buildings.
Section C406.9 of the International Energy Conservation Code is not adopted, and the following is substituted:
High performance service water heating in hotel and multifamily buildings. (IECC C406.9). For a whole building, building area, occupancy type, building addition or tenant space with not less than 90 percent of the conditioned floor area being Group R-1 or R-2 occupancy, not less than 90 percent of the annual building service hot water energy use shall be provided by a heat pump system meeting the requirements of IECC C404.2.3 and:
1. The refrigerant used in the heat pump system shall have a global warming potential (GWP) no more than 675.
2. Electric resistance heating capacity shall not be provided, except for:
2.1. Circulating system temperature maintenance and heat tracing of service hot water supply and return piping; or
2.2. On-demand electric resistance water heaters for hand washing facilities are allowed in public toilet rooms. (Ord. 19485 § 112, 2022).
16.07.450 Enhanced envelope performance.
Section C406.10 of the International Energy Conservation Code is not adopted, and the following is substituted:
Enhanced envelope performance. (IECC C406.10). The Proposed Total UA of the thermal envelope of the whole building, building area, occupancy type or building addition shall be 15 percent lower than the Allowable Total UA for an area of identical configuration and fenestration area in accordance with IECC C402.1.5 and Equation 4-2. (Ord. 19485 § 113, 2022).
16.07.460 Efficient kitchen equipment.
Section C406.12 of the International Energy Conservation Code is not adopted. (Ord. 19485 § 114, 2022).
16.07.470 Performance-based compliance.
Section C407.3 of the International Energy Conservation Code is not adopted and the following is substituted:
Performance-based compliance (IECC C407.3). Compliance with this section requires compliance with ASHRAE Standard 90.1 Appendix G, Performance Rating Method, in accordance with ASHRAE Standard 90.1 Section 4.2.1 with the following modifications:
1. The mandatory requirements of ASHRAE Standard 90.1 Section G1.2.1a are not required to be met.
2. The reduction in annual carbon emissions of the proposed building design associated with on-site renewable energy shall not be more than 3 percent of the total carbon emissions of the baseline building design. This limitation only applies to on-site renewable energy provided in excess of the renewable energy required by IECC C412.
2.1. The equation PCI + [(PBPnre – PBP)/BBP] – 0.05 < PCIt in ASHRAE 90.1 Section 4.2.1.1 shall be modified to read PCI + [(PBPnre – PBP)/BBP] – 0.03 < PCIt.
2.2. "PBPnre" means the proposed building performance without credit for reduced annual energy emissions from on-site renewable energy generation system capacity in excess of that installed to satisfy the requirements of IECC C412.
3. References to energy cost in ASHRAE Standard 90.1 Section 4.2.1.1 and ASHRAE Standard 90.1 Appendix G shall be replaced by carbon emissions calculated by multiplying site energy consumption by the carbon emission factor from IECC Table C407.3(1).
4. The building performance factors in ASHRAE Standard 90.1 Table C4.2.1.1 shall be replaced with those in IECC Table C407.3(2).
5. Schedules and plug and process loads shall be modeled using the default values listed in IECC Appendix B or in the ASHRAE Standard 90.1 User's Manual and shall be assumed to be identical in the proposed design and baseline building design.
EXCEPTION: Alternative schedules and plug and process loads shall be permitted where approved by the code official.
6. ASHRAE Standard 90.1 Section G1.3.2.d documentation requirements shall be replaced by a list showing compliance with the mandatory provisions of IECC Table C407.2.
7. ASHRAE Standard 90.1 Section G1.3.2.e documentation requirements shall be replaced by a list of proposed design aspects that are less stringent than the prescriptive requirements of the IECC.
8. References to undesigned future building components in the Proposed Building Performance column of ASHRAE Standard 90.1 Table G3.1 shall be modified to reference the corresponding IECC sections in lieu of ASHRAE Standard 90.1 requirements, in the following ASHRAE Standard 90.1 table sections:
8.1. Table G3.1.1.c.
8.2. Table G3.1.6.c.
8.3. Table G3.1.11.c.
8.4. Table G3.1.12.b.
9. HVAC systems, subclauses c and d of ASHRAE Standard 90.1 Table G3.1, shall meet the following requirements:
9.1. For yet-to-be-designed systems in office, retail, library, education and multifamily buildings and occupancies subject to the TSPR requirements of IECC C403.1.1, the system type and efficiency parameters shall meet but not exceed those shown in IECC Appendix D, Table D602.11 Standard Reference Design HVAC Systems.
9.2. For all other buildings and occupancies, the system type shall be the same as the system modeled in the baseline design and shall comply with, but not exceed, IECC C403 requirements in lieu of ASHRAE Standard 90.1.
9.3. For HVAC systems serving future tenant spaces, where the current building permit applies to only a portion of an HVAC system, and future components will receive HVAC services from systems included in the current building permit, those future components shall be modeled as the type required to complete the HVAC system portions under the current permit and shall meet, but not exceed, IECC C403 requirements. (Ord. 19485 § 115, 2022).
16.07.480 Limits on substandard building envelopes.
Section C407.3.1 of the International Energy Conservation Code is not adopted and the following is substituted:
Limits on substandard building envelopes (IECC C407.3.1). The Proposed Total UA of the proposed building shall be no more than 10 percent higher than the Allowed Total UA as defined in IECC C402.1.5. Where either IECC C402.4.1.1.1 or C402.4.1.1.2 is used to establish the maximum allowable fenestration area for compliance with this section, all of the requirements of the selected section shall be met. (Ord. 19485 § 116, 2022).
16.07.490 Building Performance Factors (BPF) to be used for Compliance with Section C407.3
Table C407.3(2) of the International Energy Conservation Code is not adopted and the following is substituted: (Ord. 19485 § 117, 2022).
Table C407.3(2)
Building Performance Factors (BPF) to be used for Compliance with Section C407.3
|
Building Area Type |
Building Performance Factor |
|
Multifamily |
0.52 |
|
Healthcare/hospital |
0.49 |
|
Hotel/motel |
0.58 |
|
Office |
0.51 |
|
Restaurant |
0.63 |
|
Retail |
0.43 |
|
School |
0.32 |
|
Warehouse |
0.43 |
|
All others |
0.49 |
16.07.500 Solar readiness - general.
Section C411.1 of the International Energy Conservation Code is not adopted and the following is substituted:
Solar readiness – general (IECC C411.1). In addition to the requirements of IECC C412, a solar zone shall be provided on buildings that are 20 stories or less in height above grade plane. The solar zone shall be located on the roof of the building or on another structure elsewhere on the site. The solar zone shall be in accordance with IECC C411.2 through C411.8 and the International Fire Code.
EXCEPTION: A solar zone is not required where the solar exposure of the building's roof area is less than 75 percent of that of an unshaded area, as defined in IECC C411.5, in the same location, as measured by the following:
1. Incident solar radiation expressed in kWh/ft2-yr using typical meteorological year (TMY) data;
2. Annual sunlight exposure expressed in cumulative hours per year using typical meteorological year (TMY) data; or
3. Shadow studies indicating that the roof area is more than 25 percent in shadow, on September 21 at 10 a.m., 11 a.m., 12 p.m., 1 p.m. and 2 p.m. solar time. (Ord. 19485 § 118, 2022).
16.07.510 Minimum area - mechanical equipment.
Section C411.2 of the International Energy Conservation Code is supplemented with the following:
Minimum area – mechanical equipment (C411.2.1). When calculating the minimum area of the solar zone as a percentage roof area, areas that will be occupied by mechanical equipment shall be subtracted from the horizontally-projected gross roof area. (Ord. 19485 § 119, 2022).
16.07.520 Photovoltaic interconnection - roof penetration.
Section C411.8 of the International Energy Conservation Code is supplemented with the following:
Photovoltaic interconnection – roof penetration (IECC C411.8.1). A minimum 2-inch diameter roof penetration sleeve shall be provided, with threaded caps above and below the roof deck and minimum R-10 insulation wrapping the lower portion, within each 2,500 square foot section of the required solar zone area. (Ord. 19485 § 120, 2022).
16.07.530 On-site renewable energy generation systems.
Chapter 4 of the International Energy Conservation Code is supplemented with the following:
On-site renewable energy generation systems (IECC C412.1). Any new building and any addition larger than 5,000 square feet of gross conditioned floor area shall include on-site a renewable energy generation system consisting of not less than 0.25 watts rated peak photovoltaic energy production per square foot of conditioned space.
EXCEPTIONS:
1. Increased additional energy credits. Where 3.0 additional energy credits from IECC Table C406.1 are provided in addition to those required by other sections of this code, the on-site renewable energy generation system is not required.
1.1. Where 1.0 additional energy credits is provided in addition to those required by other sections of this code, applicants may reduce the size of the on-site renewable energy generation system by 1/3.
1.2. Where 2.0 additional energy credits are provided in addition to those required by other sections of this code, applicants may reduce the size of the on-site renewable energy generation system by 2/3.
1.3 Where approved by the building code official, interpolation between exceptions 1, 1.1 and 1.2 is permitted.
2. Reduced building performance factor. For projects utilizing the IECC C407 Total Building Performance compliance path, the on-site renewable energy generation system is not required where the building performance factor (BPF) is at least than 3 percent lower than the maximum building performance factor (BPF) permitted cumulatively by all other sections of the IECC.
2.1. Where the building performance factor (BPF) is not less than 1 percent lower than the building performance factor (BPF) required cumulatively by other sections of the IECC, the size of the on-site renewable energy generation system may be reduced by 1/3.
2.2. Where the building performance factor (BPF) is not less than 2 percent lower than the building performance factor (BPF) required cumulatively by other sections of the IECC, the size of the on-site renewable energy generation system may be reduced by 2/3.
3. Transfer to an affordable housing project. The department may waive all or part of the required on-site renewable energy generation system if the applicant constructs a renewable energy generation system on an affordable housing project in unincorporated King County.
3.1. The size of the system built on the affordable housing project shall be:
3.1.1. 50 percent of the size of the system not being built on site if located on an existing affordable housing project; or
3.1.2. 75 percent of the size of the system not being built on site if located on a new construction affordable housing project.
3.2. Documentation demonstrating that the renewable energy generation system has been installed on the affordable housing project site, the system is fully operational, and ownership has been transferred to the owner of the affordable housing project, shall be submitted before issuance of the certificate of occupancy.
3.3. Such a transfer shall only be available if an affordable housing project is available to accept the renewable energy system. There is no assurance that such a project location will be available. It is the applicant's responsibility to locate and coordinate with the affordable housing project, and to ensure installation is completed in a timely manner.
4. Transfer to a Washington state agency program. Where approved by the department, all or part of the required renewable energy generation system may be replaced by a contribution of $2.50 for each required watt of installed capacity to a solar energy fund managed by a Washington state agency that will provide solar energy installations for affordable housing projects. Documentation demonstrating that the contribution has been received by the state agency shall be submitted before issuance of the certificate of occupancy.
4.1. Such a transfer shall only be available if a solar energy fund for affordable housing is created by the Housing Trust Fund, Washington state Housing Finance Commission, or another state agency program for which the project is qualified to participate. There is no assurance that such a program will be available.
5. The building official may approve an alternative method to meet this requirement if the applicant's engineer or architect can demonstrate, to the satisfaction of the building official, that the alternative method will provide equal or greater solar performance as required by this section.
6. Affordable housing. The on-site renewable energy generation system is not required for affordable housing projects. (Ord. 19485 § 121, 2022).
16.07.540 New and replacement HVAC heating system equipment.
Section 503.4 of the International Energy Conservation Code is supplemented with the following:
New and replacement HVAC heating system equipment (IECC C503.4.6). For a substantial improvement as defined in K.C.C. chapter 21A.06, or where a building's central HVAC heating system equipment is augmented or replaced, the building shall comply with IECC C403.1.4. For the purposes of this section, central HVAC heating system means a heating system that provides heating to multiple spaces or multiple dwelling or sleeping units, as opposed to a distributed heating system such as baseboard heating or a Packaged Terminal Heat Pump (PTHP) that provides heating to only a single space. A central heating system may include multiple pieces of heating equipment.
EXCEPTION: HVAC replacements:
1. Where only one heating appliance is failing and is replaced by another having the same or lesser heating capacity and the same or higher efficiency;
2. No other alterations are made to the central HVAC system; and
3. Where this exception has not been used within the same building in the previous two year period. (Ord. 19485 § 122, 2022).
16.07.550 Change of occupancy or Use - General - energy star equipment.
Section 505.1 of the International Energy Conservation Code is supplemented with the following:
Change of occupancy or Use – General – energy star equipment (IECC 505.1.1). Where the building or space is altered to become a bakery, commercial kitchen or commercial laundry, and the proposed design uses only all-electric Energy Star-rated process equipment and code compliant all-electric HVAC equipment, improvements to the building envelope immediately adjoining the spaces containing that use shall not be required. For the purposes of this exception, fossil fuel-combusting equipment shall not be used or installed within the building or space undergoing the change of occupancy. (Ord. 19485 § 123, 2022).
Sections:
16.08.010 Purpose.
16.08.020 Road designations and redesignations.
16.08.030 Building address assignments and reassignments.
16.08.040 Uncertainty of road designations or addresses.
16.08.050 Maintenance.
16.08.060 Council redesignation of streets.
16.08.070 Enforcement.
16.08.080 Severability.
16.08.090 Records.
16.08.010 Purpose. The purpose of this chapter is to grant the department the authority to assign road names and numbers, and address the principal entrances of all buildings or other uses in conformance with the grid system adopted by King County Resolution 16622. (Ord. 17420 § 61, 2012: Ord. 10915 § 1, 1993: Ord. 8766 § 1, 1988).
16.08.020 Road designations and redesignations.
A. Public or private roads shall be designated within the guidelines of the grid system as determined by the department. Named roads can only be assigned when the numbered grid is determined infeasible by the department. The department may redesignate existing private and county roads if such roads are determined to be inconsistent with the surrounding road designation system.
B. All roads shall carry a geographic suffix or prefix. Roads designated as avenues shall carry a geographic suffix and be in a north‑south direction, and roads designated as streets shall carry a geographic prefix and be in an east‑west direction. Diagonal roads are treated as being either north‑south or east‑west roads. Names such as lane, place, way, court, and drive may be used on a road running either direction.
C. Only entire street lengths or distinct major portions of streets, as defined in K.C.C. 16.08.060, shall be separately redesignated.
D. In determining the need for redesignation, the department shall consider consistency with the provisions of K.C.C. 16.08.020 A., the impact on existing businesses and residences, and emergency services responsiveness.
E. Redesignations of county roads shall be accomplished by the adoption of an ordinance directing such redesignation.
F. Notice of county road redesignations shall be mailed by the department at least twenty days prior to the public hearing on the ordinance to all property owners whose addresses would be affected.
G. Appeals of designations and redesignations are limited to those initiated under K.C.C. 14.40.0102, and shall be heard directly by the hearing examiner. An appeal must be initiated in accordance with K.C.C. 20.22.080. (Ord. 19648 § 7, 2023: Ord. 10915 § 2, 1993: Ord. 8766 § 3, 1988).
16.08.030 Building address assignments and reassignments.
A. The assignment of addresses for new buildings shall occur in conjunction with the issuance of a building permit.
B. The assignment of addresses shall be based on the following criteria:
1. Even numbers shall be used on the northerly side of roads named as east‑west and on the easterly side of roads named as north‑south.
2. Odd numbers shall be used on the southerly side of roads named as east‑west and on the westerly side of roads named as north‑south. Addresses shall be assigned whole numbers only.
C. Should the department find that any building, structure, or premise is not provided with an address, is not correctly addressed, or is not using the assigned address, it shall notify the owner, agent, or renter of the correct address. The address number shall be properly placed in accordance with the provisions of this section, by the effective date shown upon the notice. It shall be unlawful for any owner, agent, or renter to display, advertise or use the wrong address after notification by the department.
D. In determining the need for address reassignment, the department shall consider consistency with the provisions of K.C.C. 16.08.030 (B), consistency with the addressing needs of the area, and emergency services responsiveness.
E. Address reassignments shall be accomplished by notification of the affected property owner by the department at least twenty days prior to the effective date of the reassignment. (Ord. 10915 § 3, 1993: Ord. 8766 § 4, 1988).
16.08.040 Uncertainty of road designations or addresses. Whenever there is doubt or difference of opinion as to the correct road designation or correct address, the road designation or address shall be determined by the department and shall be guided by the specific provisions of this chapter or by rules promulgated pursuant to K.C.C. 2.98 to carry out the intent of this chapter. (Ord. 10915 § 4, 1993: Ord. 8766 § 5, 1988).
16.08.050 Maintenance.
Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the road fronting the property and in conformance with this section.
A. The owner, occupant or renter of any addressed building or other structure shall maintain the address numbers in a conspicuous place over or near the principal entrance or entrances. If the entrance cannot be easily seen from the nearest adjoining road, the address numbers shall be placed in such other conspicuous place on the building or structure as is necessary for visually locating such address numbers from the nearest adjoining road.
B. If the addressed building or structure cannot be easily seen from the nearest adjoining road, the address numbers shall be placed on a portion of the site that is clearly visible from the road.
C. The address numbers shall:
1. Be easily legible figures;
2. Comply with the following size requirements, unless otherwise stipulated in this section:
|
Distance from Right of Way |
Minimum Letter Size |
|
0-25 feet |
3 inches |
|
26-50 feet |
4 inches |
|
51-100 feet |
6 inches |
|
101-150 feet |
8 inches |
|
151-200 feet |
10 inches |
|
Over 200 feet |
12 inches |
3. Be not less than five inches high for a commercial use;
4. Contrast with the color of the structure upon which they are placed;
5. Either be illuminated during periods of darkness or be reflective, so they are easily seen at night. (Ord. 19485 § 124, 2022: Ord. 10915 § 5, 1993: Ord. 8766 § 6, 1988).
16.08.060 Council redesignation of streets.
A.1. Notwithstanding K.C.C. 16.08.010 and 16.08.020, the council reserves the option of changing street names or changing numbered streets to named streets.
2. An application to the council for street renaming shall contain the signatures of the majority of persons having ownership in properties addressed on the street to be renamed.
3. The council shall mail notice of [a]*proposed name change to all property owners whose addresses would be changed at least twenty days before council action. A change of street name shall be accomplished by the adoption of an ordinance.
B. The council shall consider technical input from the department, locational and development characteristics relative to the street, and the impact of the change on existing businesses and residences, as well as on emergency vehicle responsiveness, in determining whether the change should be made. Only entire street lengths or distinct major portions of streets shall be separately renamed by the county. For purposes of this chapter, "distinct major portions" shall mean a separate portion of a street identifiable by either a directional shift of a least forty-five degrees or an interrupted interval of at least one quarter mile.
C.1. An honorary street designation is a secondary name for a street or a portion of a street that does not replace the legal name of the street. The honorary street designation shall be denoted by signage that augments but does not replace signage for the legal street name required for emergency service access. If a street or a portion of a street, except intersecting streets, has been designated with an honorary street name, no other honorary name shall be given to the street or section of a street. The signs shall meet the standard street sign criteria for size and shape with a brown background and white lettering, and shall be placed underneath signs designating the legal street name.
2. The council may make an honorary designation of a street or portion of a street by the adoption of an ordinance. Honorary street name designation shall be limited to individuals, organizations, entities and events of local significance to the county as determined by the county council. Except as otherwise provided in subsection C.6. of this section, the actual costs of manufacturing, designing and installation of signage or any replacement signs due to damage, theft or vandalism shall be paid to the road services division by the applicant requesting the honorary designation before the signage is manufactured and installed.
3. Except as otherwise provided in subsection C.5. of this section, an application to the council for honorary street renaming shall contain a list of all persons having ownership in properties addressed on the street, or portions thereof, to be given the honorary designation and the signatures of the majority of those persons indicating acquiescence in the honorary street designation. The application shall include a statement recognizing that costs defined in subsection C.2. of this section shall be borne by the applicant and noting that the legal name of the street will not change.
4. The council shall mail notice of a proposed honorary name designation to all property owners on the street, or portion thereof, to be given the honorary designation at least twenty days before council action.
5. The council, by motion, may propose an honorary name designation. By that motion, the council shall direct the road services division to prepare a list of the names and addresses of all property owners on the street, or portion thereof, to be given the honorary designation. The motion shall establish when the list shall be sent to the clerk of the council, who shall retain the original and provide an electronic copy to all councilmembers, the council chief of staff, the policy staff director and the lead staff for the transportation economy and environment committee or its successor. The notice required by subsection C.4. of this section shall also advise the affected property owners that the costs, described in subsection C.2. of this section, shall be borne by the road services division, or its successor, and that the legal name of the street will not change.
6. Honorary street designations made by the executive before August 19, 2013, and street signs installed to effectuate such honorary street designations are hereby approved. The road services division shall maintain, repair or replace the signs as necessary or due to damage, theft or vandalism. Signage for honorary street designations referenced in this section may be modified at the discretion of the director. (Ord. 18299 § 2, 2016: Ord. 18115 § 2, 2015: Ord. 17640 § 1, 2013: Ord. 10915 § 6, 1993: Ord. 8766 § 10, 1988).
*Revisers note: Added but not underlined in Ordinance 17640, Section 1. See K.C.C. 1.24.075.
16.08.070 Enforcement. The provisions of this chapter shall be enforced pursuant to Title 23. (Ord. 8766 § 8, 1988).
16.08.080 Severability. Should any section, subsection, paragraph, sentence, clause, or phrase be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions to the chapter. (Ord. 8766 § 9, 1988).
16.08.090 Records. The department shall maintain the official record of current addresses. (Ord. 10915 § 7, 1993: Ord. 8766 § 7, 1988).
Sections:
16.10.010 Purpose.
16.10.020 Scope.
16.10.030 BSC - Entry vision.
16.10.040 Strike plate installation.
16.10.050 Locking hardware.
16.10.060 Sliding doors.
16.10.070 Windows.
16.10.080 Alternate materials and methods.
16.10.100 Obstructing exits - General.
16.10.110 Obstructing exits - Emergency escape or rescue windows.
16.10.120 Hinges.
16.10.010 Purpose. The purpose of this chapter is to establish minimum standards to make dwelling units resistant to unlawful entry. This chapter shall be known as the King County building security code and hereinafter referred to as security code or “BSC.” (Ord. 14914 § 301, 2004: Ord. 14111 § 73, 2001).
16.10.020 Scope.
1. The provisions of this chapter shall apply to openings into all new and existing dwelling units within apartment houses of Group R, Division 1 Occupancies; rented or leased Group R, Division 3 Occupancies; one and two family dwellings and townhouses and to openings between attached garages and dwelling units. Except for vehicular access, door openings in enclosed attached garages shall be in accordance with the provisions of this chapter.
2. Upon the conversion from an owner occupied dwelling to a rented or leased dwelling, the provisions shall take effect immediately.
3. The provisions of this code shall be applied to non-conforming structures during the course of applying for the appropriate permits and complying with development requirements through construction inspection prior to the issuance of a final certificate of occupancy.
4. The provisions of this code shall be applied to non-conforming structures through subsequent building permit applications and a public information campaign.
EXCEPTIONS:
1. An opening in an exterior wall when all portions of such openings are more than 12 feet (3.658 m) vertically or 6 feet (1.829 m) horizontally from an accessible surface of any adjoining yard, court, passageway, public way, walk, breezeway, patio, planter, porch or similar area.
2. An opening in an exterior wall when all portions of such openings are more than 12 feet (3.658 m) vertically or 6 feet (1.829 m) horizontally from the surface of any adjoining roof, balcony, landing, stair tread, platform or similar structure or when any portion of such surface is itself more than 12 feet (3.658 m) above an accessible surface.
3. Any opening in a roof when all portions of such roof are more than 12 feet (3.658 m) above an accessible surface.
4. Openings where the smaller dimension is 6 inches (.152 m) or less, provided that the closest edge of the opening is at least 36 inches (.914 m) from the locking device of the door or window assembly.
5. Openings protected by required fire door assemblies having a fire-endurance rating of not less than 45 minutes. (Ord. 14914 § 302, 2004: Ord. 14111 § 74, 2001: Ord. 12560 § 58, 1996. Formerly K.C.C. 16.04.05054).
16.10.030 BSC - Entry vision. Every exit and entry door from a leased or rented dwelling unit shall be arranged so that the occupant has a view of the area immediately outside the door without opening the door. The view may be provided by a door viewer having a field of view of not less than 180 degrees through windows or through view ports. View ports installed in accordance with this section in existing 20 minute and 45 minute rated fire doors shall not be deemed to diminish the rating of the fire door nor invalidate its listing. Exit doors from a dwelling unit which have windows or are otherwise transparent and offer at least a 180 degree view of the area immediately outside the door shall be exempt from the requirements of this section. (Ord. 14914 § 303, 2004: Ord. 14111 § 75, 2001: Ord. 12560 § 59, 1996. Formerly K.C.C. 16.04.05055).
16.10.040 Strike plate installation.
1. In wood-frame construction, an open space between trimmers and wood doorjambs shall be solid shimmed by a single piece extending not less than 12 inches (.305 m) above and below the strike plate.
2. Strike plates shall be attached to the door frame with not less than two No. 8 by two and one-half (2-1/2) inch screws.
3. All strike plates of doors in pairs shall be installed as tested. (Ord. 14914 § 304, 2004: Ord. 14111 § 76, 2001: Ord. 12560 § 60, 1996. Formerly K.C.C. 16.04.05056).
16.10.050 Locking hardware. Manually operated edge- or surface-mounted flush bolts shall not be used as a substitute for a dead bolt lock. The lock shall be constructed so that the dead bolt lock shall be opened from the inside without the use of a key or tool and mounted at a height not to exceed 48 inches above the finished floor. (Ord. 14914 § 305, 2004: Ord. 14111 § 77, 2001: Ord. 12560 § 61, 1996. Formerly K.C.C. 16.04.05057).
16.10.060 Sliding doors. Every exterior sliding door from a dwelling unit shall be equipped from the interior with a patio door bar lock or patio pin type locking device. (Ord. 14914 § 306, 2004: Ord. 14111 § 78, 2001: Ord. 12560 § 62, 1996. Formerly K.C.C. 16.04.05058).
16.10.070 Windows. All window assemblies which open and which are regulated by this code shall be equipped with latching devices which operate from the interior, unless such windows are protected by approved metal bars, screens or grilles. Louvered windows regulated by this chapter shall be protected by approved metals bars, screens or grilles. (Ord. 14914 § 307, 2004: Ord. 14111 § 79, 2001: Ord. 12560 § 63, 1996. Formerly K.C.C. 16.04.05059).
16.10.080 Alternate materials and methods. The provisions of this chapter are not intended to prevent the use of any material, device, hardware or method not specifically prescribed in this chapter. The building official, may approve a substitution of an alternative security device if the device is equally capable of resisting illegal entry and the installation of the device does not conflict with the requirements of this code or the requirements of other ordinances regulating safe exits. (Ord. 14914 § 308, 2004: Ord. 14111 § 80, 2001: Ord. 12560 § 64, 1996. Formerly K.C.C. 16.04.05060).
16.10.100 Obstructing exits – General. Security methods shall not create a hazard to life by obstructing any means of egress or any opening which is classified as an emergency exiting facility. Security provisions shall not supersede the safety requirements relative to latching or locking devices on exit doors which would be contrary to the provisions of Chapter 10 of the Building Code nor shall the provisions of this chapter be construed to waive any other provisions of this code. (Ord. 15802 § 99, 2007).
16.10.110 Obstructing exits – Emergency escape or rescue windows. Bars, grilles, grates or similar devices may be installed in an emergency escape or rescue windows or doors required by the Building Code, only if:
1. The devices are equipped with approved release mechanisms which are openable from the inside without the use of a key or special knowledge or effort: and
2. The building is equipped with smoke detectors installed in accordance with the Building Code. (Ord. 15802 § 100, 2007).
16.10.120 Hinges. When hinges are exposed to the exterior, at least one of the three required hinges shall be equipped with nonremoveable hinge pins or a mechanical interlock to preclude removal of the door from the exterior by removing the hinge pins. Not less than three 4 1/2 inch (114mm) steel putt hinges shall be symmetrically fastened to both the door and frame with not less that [than] four No, 9 by 3/4-inch (19mm) wood screws or to metal with not less than four No. 8 machine screws.
In wood construction, an open space between trimmers and wood doorjams shall be solid shimmed extending not less than 6 inches (152 mm) above and below the plate. (Ord. 15802 § 101, 2007).
Sections:
16.14.020 General - Scope.
16.14.030 General - Intent.
16.14.040 Applicability - Application of other codes.
16.14.050 Applicability - Referenced codes and standards.
16.14.060 Department of property maintenance inspection.
16.14.090 Duties and powers of the code official - Right of entry.
16.14.100 Violations - Unlawful acts.
16.14.110 Violations - Notices and Orders.
16.14.140 Unsafe structures, premises and equipment - General.
16.14.150 Unsafe structures, premises and equipment - Unsafe structures and premises.
16.14.200 Unsafe structures, premises and equipment - Closing of vacant structures.
16.14.210 Unsafe structures, premises and equipment - Notice.
16.14.220 Unsafe structures, premises and equipment - Placard to vacate.
16.14.250 Emergency measures - Imminent danger.
16.14.280 Emergency measures - Emergency repairs.
16.14.290 Emergency measures.
16.14.410 Demolition - General.
16.14.430 Means of appeal - means of appeal.
16.14.442 Stop work order.
16.14.450 General - Responsibilities defined.
16.14.460 Exterior property areas - Fire hazard.
16.14.470 Exterior property areas - Motor vehicle.
16.14.480 Swimming pools, spas and hot tubs - Enclosures.
16.14.490 Exterior structure - Premises identification.
16.14.500 Exterior structure - Insect screens.
16.14.510 Exterior structure - Building security.
16.14.520 Water system - General.
16.14.530 Heating facilities - Residential occupancies.
16.14.540 Heating facilities - Heat supply.
16.14.550 Heating facilities - Occupiable work spaces.
16.14.570 Electrical facilities - Service.
16.14.580 Electrical equipment - Receptacles.
16.14.590 Elevators, escalators and dumbwaiters.
16.14.020 General - Scope. Section 101.2 of the International Property Maintenance Code is not adopted and the following is substituted:
Scope (IPMC 101.2). The provisions of this code shall apply to all existing residential and nonresidential structures, all existing premises, dangerous buildings or nuisances which are now in existence or which may hereafter become dangerous in the county and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. (Ord. 14914 § 334, 2004: Ord. 14111 § 155, 2001: Ord. 12560 § 127, 1996. Formerly K.C.C. 16.20.030; 16.04.050124).
16.14.030 General - Intent. Section 101.3 of the International Property Maintenance Code is not adopted and the following is substituted:
Intent (IPMC 101.3). This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. Repairs, alterations, additions to and change of occupancy in existing buildings may comply with the International Existing Building Code, the International Building Code or the International Residential Code.
This code also provides an alternative method and process whereby buildings and other structures damaged by a disaster resulting in a declared emergency may be expeditiously evaluated and abated.
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. (Ord. 14914 § 336, 2004: Ord. 14238, § 1, 2001: Ord. 14111 § 154, 2001: Ord. 12560 § 126, 1996. Formerly K.C.C. 16.20.020; 16.04.050123).
16.14.040 Applicability - Application of other codes. Section 102.3 of the International Property Maintenance Code is not adopted and the following is substituted:
Application of other codes (IPMC 102.3). Repairs, additions or alterations to a structure, or changes of occupancy, may be done in accordance with the procedures and provisions of the International Existing Building Code. (Ord. 14914 § 337, 2004).
16.14.050 Applicability - Referenced codes and standards. Section 102.7 of the International Property Maintenance Code is not adopted. (Ord. 14914 § 338, 2004).
16.14.060 Department of property maintenance inspection. Section 103 of the International Property Maintenance Code is not adopted. (Ord. 14914 § 339, 2004).
16.14.090 Duties and powers of the code official - Right of entry. Section 104.3 of the International Property Maintenance Code is not adopted and the following is substituted:
Right of entry (IPMC 104.3). The right of entry shall be in accordance with the procedures specified in K.C.C. Title 23. (Ord. 17837 § 69, 2014: Ord. 14914 § 343, 2004: Ord. 14111 § 130, 2001: Ord. 12560 § 109, 1996. Formerly K.C.C. 16.16.020; 16.04.050106).
16.14.100 Violations - Unlawful acts. Section 106.1 of the International Property Maintenance Code is not adopted and the following is substituted:
Unlawful acts (IPMC 106.1). It shall be unlawful for any person, firm or corporation whether as owner, lessee, sublessee, or occupant, to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or cause or permit the same to be done, contrary to or in violation of this code or any order issued by the code official hereunder. This section shall be enforced in accordance with the procedures specified in K.C.C. Title 23. (Ord. 14914 § 345, 2004: Ord. 14111 § 134, 2001: Ord. 12560 § 112, 1996. Formerly K.C.C. 16.16.060; 16.04.050109).
16.14.110 Violations - Notices and Orders. Section 107 of the International Property Maintenance Code is not adopted and the following is substituted:
Notices and Orders (IPMC 107). All buildings, portions thereof or premises which are determined by the code official not to be in compliance with this Code are hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures specified in K.C.C. Title 23. (Ord. 19485 § 125, 2022: Ord. 14914 § 347, 2004: Ord. 14111 § 132, 2001: Ord. 12560 § 110, 1996. Formerly K.C.C. 16.16.040; 16.04.050107).
16.14.140 Unsafe structures, premises and equipment - General. Section 108.1 of the International Property Maintenance Code is not adopted and the following is substituted:
General (IPMC 108.1). When a structure, equipment or premises are found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure, equipment or premises shall be condemned pursuant to the provisions of this code. (Ord. 14914 § 352, 2004).
16.14.150 Unsafe structures, premises and equipment - Unsafe structures and premises. Section 108.1.1 of the International Property Maintenance Code is not adopted and the following is substituted:
Unsafe structures and premises (IPMC 108.1.1). An unsafe structure or premise is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure or premises contain unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. (Ord. 14914 § 353, 2004).
16.14.200 Unsafe structures, premises and equipment – Closing of vacant structures. Section 108.2 of the International Property Maintenance Code is not adopted and the following is substituted:
Closing of vacant structures (IPMC 108.2). If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner or the owner's agent to close up the premises within the time specified enforcement action may be taken using the procedures of K.C.C. Title 23. (Ord. 19485 § 126, 2022: Ord. 14914 § 359, 2004).
16.14.210 Unsafe structures, premises and equipment – Notice. Section 108.3 of the International Property Maintenance Code is not adopted and the following is substituted:
Notice (IPMC 108.3). Whenever the director has determined a structure, premises or equipment are unsafe under the provisions of this section, notice shall be provided in the procures [procedures] contained in K.C.C. Title 23. (Ord. 14914 § 360, 2004).
16.14.220 Unsafe structures, premises and equipment - Placard to vacate. Section 108.4 of the International Property Maintenance Code is not adopted and the following is substituted:
Placard to vacate (IPMC 108.4). Whenever such notice is posted, the code official shall include a notification thereof in the notice and order issued under K.C.C. Title 23, reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs, demolition, or removal have been completed and a certificate of occupancy is issued pursuant to the provisions of the Building Code. Any person violating this section shall be guilty of a misdemeanor. (Ord. 18683 § 14, 2018: Ord. 14914 § 362, 2004: Ord. 14111 § 146, 2001: Ord. 12560 § 120, 1996. Formerly K.C.C. 16.16.180; 16.04.050117).
16.14.250 Emergency measures – Imminent danger. Section 109.1 of the International Property Maintenance Code is not adopted and the following is substituted:
Imminent danger (IPMC 109.1). The code official is hereby authorized and empowered to order and require the occupants to vacate the premises of a building or structure immediately when, in the opinion of the code official:
1. there is imminent danger of failure or collapse of a building or structure which endangers life;
2. any structure or part of a structure has fallen and life is endangered by the occupation of the structure; or
3. there is actual or potential danger to the building occupants or those in the proximity of any structure because of:
3.1. explosives, explosive fumes or vapors;
3.2. the presence of toxic fumes, gases or materials; or
3.3. operation of defective or dangerous equipment.
The code official shall post at each entrance to such structure or premises a notice as provided in IPMC 108.4. No person shall enter such structure except for the purpose of securing the structure or premises, making the required repairs, removing the hazardous condition or of demolishing the same. (Ord. 19485 § 127, 2022: Ord. 14914 § 367, 2004).
16.14.280 Emergency measures – Emergency repairs. Section 109.4 of the International Property Maintenance Code is not adopted and the following is substituted:
Emergency repairs (IPMC 109.4). For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible as authorized in K.C.C. Title 23. (Ord. 14914 § 370, 2004).
16.14.290 Emergency measures. Sections 109.5 and 109.6 of the International Property Maintenance Code are not adopted. (Ord. 14914 § 371, 2004).
16.14.430 Means of appeal - means of appeal. Section 111 of the International Property Maintenance Code is not adopted and is substituted with the following:
Means of appeal (IPMC 111). Appeals shall be in accordance with K.C.C. Titles 20 and 23. (Ord. 19485 § 129, 2022: Ord. 14914 § 398, 2004: Ord. 14111 § 147, 2001: Ord. 12560 § 121, 1996. Formerly K.C.C. 16.16.190; 16.04.050118).
16.14.450 General - Responsibilities defined. Section 301.2 of the International Property Maintenance Code is not adopted and the following is substituted:
Responsibilities defined (IPMC 301.2). Owners remain liable for violations of duties imposed by this code even though an obligation is also imposed on the occupants of the building, and even though the owner has, by agreement, imposed on the occupant the duty of furnishing required equipment or of complying with this code.
Buildings and structures and parts thereof shall be maintained in a safe and sanitary condition. The owner or the owner's designated agent shall be responsible for such maintenance. To determine compliance with this subsection, the building may be reinspected.
Owners, in addition to being responsible for maintaining buildings in a sound structural condition, shall be responsible for keeping that part of the building or premises which the owner occupies or controls in a clean, sanitary and safe condition, including the shared or public areas in a building containing two or more dwelling units.
Owners shall, when required by this code or the code official or the health ordinance or the health officer, furnish and maintain such approved sanitary facilities as required, and shall furnish and maintain approved devices, equipment or facilities for the prevention of insect and rodent infestation, and when infestation has taken place, shall be responsible for the extermination of any insects, rodents or other pests when such extermination is not specifically made the responsibility of the occupant by law or ruling.
Occupants of a dwelling unit, in addition to being responsible for keeping in a clean, sanitary and safe condition that part of the dwelling or dwelling unit or premises which they occupy and control, shall dispose of their rubbish, garbage and other organic waste in a manner required by the health ordinance and approved by the health officer or the code official.
Occupants shall, when required by this code, the health ordinance or the health officer, furnish and maintain approved devices, equipment or facilities necessary to keep their premises safe and sanitary. (Ord. 14914 § 401, 2004: Ord. 14111 § 131, 2001. Formerly K.C.C. 16.16.030).
16.14.460 Exterior property areas - Fire hazard. Section 302.4 of the International Property Code is not adopted and the following is substituted:
Fire hazard (IPMC 302.4). Any building or portion thereof, device, apparatus, equipment, combustible waste, or vegetation that, in the opinion [of the] Fire Marshal or the Code Official, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause shall be considered substandard. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice violation, they shall be subject to prosecution in accordance with the provisions of K.C.C. Title 23. (Ord. 14914 § 405, 2004: Ord. 14111 § 141, 2001. Formerly K.C.C. 16.16.130).
16.14.470 Exterior property areas - Motor vehicles. Section 302.8 of the International Property Maintenance Code is not adopted. (Ord. 14914 § 406, 2004).
16.14.480 Swimming pools, spas and hot tubs - Enclosures. Section 303.2 of the International Property Maintenance Code is not adopted and the following is substituted:
Enclosures (IPMC 303.2). Private swimming pools, hot tubs and spas, containing water more than twenty-four inches (610 mm) in depth shall be completely surrounded by a fence or barrier at least sixty inches (1,524 mm) in height above the finished ground level measured on the side of the barrier away from the pool. Gates and doors in such areas shall be self-closing and self-latching. Where the self-latching devices is less than fifty-four inches (1,372 mm) above the bottom of the gate, the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of six inches (152 mm) from the gatepost. No existing g pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. (Ord. 14914 § 407, 2004).
16.14.490 Exterior structure - Premises identification. Section 304.3 of the International Property Maintenance Code is not adopted and the following is substituted:
Premises identification. (IPMC 304.3). Approved numbers or addresses shall be provided for all new buildings in such a position as to be plainly visible and legible from the street or road fronting the property as specified by the department. (Ord. 14914 § 408, 2004).
16.14.500 Exterior structure - Insect screens. Section 304.14 of the International Property Maintenance Code is not adopted. (Ord. 14914 § 409, 2004).
16.14.510 Exterior structure - Building security. Section 304.18 and all of the subsections thereto of the International Property Maintenance Code are not adopted. (Ord. 14914 § 410, 2004).
16.14.520 Water system - General. Section 505.1 of the International Property Maintenance Code is not adopted and the following is substituted:
General (IPMC 505.1). Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with K.C.C. chapter 16.32. (Ord. 14914 § 412, 2004: Ord. 14111 § 137, 2001: Ord. 12560 § 114, 1996. Formerly K.C.C. 16.16.090; 16.04.050111).
16.14.530 Heating facilities - Residential occupancies. Section 602.2 of the International Property Maintenance Code is not adopted. (Ord. 14914 § 413, 2004).
16.14.540 Heating facilities - Heat supply. Section 602.3 of the International Property Maintenance Code is not adopted and the following is substituted:
Heat supply (IPMC 602.3). Dwellings units and guest rooms shall be provided with heating facilities capable of maintaining a room temperature of 70° F. (21.1° C), bathrooms and toilet rooms. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. (Ord. 14914 § 415, 2004: Ord. 14111 § 138, 2001: Ord. 12560 § 115, 1996. Formerly K.C.C. 16.16.100; 16.04.050112).
16.14.550 Heating facilities – Occupiable work spaces. Section 602.4 of the International Property Maintenance Code is not adopted. (Ord. 14914 § 416, 2004).
16.14.570 Electrical facilities - Service. Section 604.2 of the International Property Maintenance Code is not adopted. (Ord. 14914 § 418, 2004).
16.14.580 Electrical equipment - Receptacles. Section 605.2 of the International Property Maintenance Code is not adopted. (Ord. 14914 § 419, 2004).
16.14.590 Elevators, escalators and dumbwaiters. Section 606 of the International Property Maintenance Code is not adopted. (Ord. 14914 § 420, 2004).
Sections:
16.32.030 Adoption of Uniform Plumbing Code.
16.32.050 Enforcement.
16.32.080 Fees - permit fees – double permit fee requirements - fees for reinspection service - refund of permit fees.
16.32.095 Inspection outside working hours fee - permit applications after nonpermitted work fees double, permit required - reinspection fees - refunds if work not started.
16.32.193 Conflicts between codes.
16.32.195 Authority Having Jurisdiction.
16.32.205 Right of Entry.
16.32.205 Right of Entry.
16.32.215 Stop Work Order and Correction Order.
16.32.235 Liability.
16.32.255 Penalties.
16.32.275 Certification and Registration.
16.32.285 Validity of Permit.
16.32.288 Expiration.
16.32.292 Extensions.
16.32.295 Suspension, Revocation or Limitation of Permits.
16.32.306 Reinspections.
16.32.336 Inspections and Testing.
16.32.337 Water Heaters Used for Space Heating.
16.32.338 Supplemental Water-Heating Devices.
16.32.339 Termination of Building Supply Piping.
16.32.340 General.
16.32.341 Plan Review Fees.
16.32.342 Air Admittance Valves.
16.32.343 General.
16.32.344 Food Waste Disposers and Dishwashers.
16.32.345 Parking Garage Drainage Systems.
16.32.345 Parking Garage Drainage Systems.
16.32.355 Combining Storm with Sanitary Sewage.
16.32.355 Combining Storm with Sanitary Sewage.
16.32.030 Adoption of Uniform Plumbing Code.
A. Chapters 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 15, 16 and 17 and Appendices A (Recommended Rules for Sizing the Water Supply System), B (Explanatory Notes on Combination Waste and Vent Systems), I (Installation Standard for PEX Tubing Systems for Hot- and Cold-Water Distribution) and M (Peak Water Demand Calculator) of the Uniform Plumbing Code, 2018 Edition, as published by or jointly with the International Association of Plumbing and Mechanical Officials and as amended in chapter 51-56 WAC and the gas piping provisions of the International Fuel Gas Code, 2018 Edition, the National Fuel Gas Code, 2018 Edition (2018 ANSI Z223.1/NFPA 54), the Liquefied Petroleum Gas Code, 2017 Edition (2017 NFPA 58) as amended in chapter 51-52 WAC and the International Residential Code, 2018 Edition, as amended in chapter 51-51 WAC, are hereby adopted and together with King County amendments, additions, exceptions and deletions adopted in this chapter are adopted as the King County Plumbing Code and may be cited as such and referred to in this chapter as "this code." This code shall have precedence over documents adopted by reference.
B. This code also may be further clarified and implemented by administrative rules adopted in accordance with K.C.C. chapter 2.98. (Ord. 19485 § 134, 2022: Ord. 17837 § 70, 2014: Ord. 17191 § 6, 2011: Ord. 15802 § 116, 2007: Ord. 10589 § 1, 1992: Ord. 9151 § 1, 1989: Ord. 8008, 1987: Ord. 6746 § 5, 1984).
16.32.050 Enforcement. The authority having jurisdiction is authorized to enforce this code accordance with K.C.C. Title 23 except as specifically otherwise provided in this code. (Ord. 15802 § 117, 2007: Ord. 6746 § 7, 1984).
16.32.080 Fees - permit fees - double permit fee requirements - fees for reinspection service - refund of permit fees.
Section 104.5 of the Uniform Plumbing Code is not adopted and the following is substituted:
Fees (UPC 104.5). An applicant for a permit to do work under this code shall pay for each plumbing permit and for each gas piping permit, at the time of issuance, a fee in accordance with the following schedule, and at the rate provided for each permit classification shown in the schedule:
SCHEDULE OF FEES
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Plumbing permit fees for fixtures or traps, including water, drainage and vent piping, other than backflow devices and assemblies, for which a separate permit shall be obtained at the rates in this schedule: |
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One fixture or trap |
$140.00 |
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Two to three fixtures or traps |
$210.00 |
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Four to six fixtures or traps |
$298.00 |
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Seven to ten fixtures or traps |
$333.00 |
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More than ten fixtures or traps |
$333.00 base fee for ten fixtures or traps plus $8.00 for each additional fixture or trap |
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Plumbing permit fees for backflow devices or assemblies: |
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One device or assembly |
$140.00 |
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Two to three devices or assemblies |
$210.00 |
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Four to six devices or assemblies |
$298.00 |
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Seven to ten devices or assemblies |
$333.00 |
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More than ten devices or assemblies |
$333.00 base fee for ten devices or assemblies plus $8.00 for each additional device or assembly |
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Gas piping permit fees for outlets: |
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One to four outlets |
$140.00 |
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Five to six outlets |
$175.00 |
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Seven to nine outlets |
$210.00 |
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Ten outlets |
$245.00 |
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More than ten outlets |
$245.00 base fee for ten outlets plus $10.00 for each additional outlet |
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For the purpose of this section:
1. "fixture" means an appliance that is connected with water, drain or vent pipe, but a sillcock faucet or hose bibb is not considered a fixture. A sanitary plumbing outlet on or to which a plumbing fixture or appliance may be set or attached is a fixture; and
2. "outlet" means the point at which a fuel-gas appliance connects to the gas piping system, or a medical gas or medical vacuum connection is installed. (Ord. 19485 § 137, 2022: Ord. 16964 § 2, 2010: Ord. 15802 § 118, 2007: Ord. 15637 § 2, 2006: Ord. 14522 § 2, 2002: Ord. 13665 § 2, 1999: Ord. 12923 § 1, 1997: Ord. 11134 § 1, 1993: Ord. 10174 § 1, 1991: Ord. 9716 § 1, 1990: Ord. 6746 § 10, 1984).
16.32.095 Inspection outside working hours fee - permit applications after nonpermitted work fees double, permit required - reinspection fees - refunds if work not started.
A. Fees for inspection service outside regular working hours or for inspection service requested but not covered by a permit will be charged at a rate equal to the cost of performing the service.
B. Any person who commenced work for which a permit is required by this code without first having obtained the permit shall upon subsequent application for the permit pay double the applicable permit fee under this code, unless it is proved to the satisfaction of the authority having jurisdiction that the work was urgently necessary, and that it was not practical to obtain a permit before the commencement of the work. In all such emergency cases, a permit shall be obtained as soon as it is practical to do so, and if there is an unreasonable delay in obtaining the permit then a double fee shall be charged as provided in this code.
C. A reinspection fee of one hundred thirty dollars may be assessed for each inspection or reinspection if the portion of work under this code for which inspection is called is not complete, or if corrections called for are not made. This subsection does not require inspection fees the first time a job is rejected for failure to comply with this code. Reinspection fees may be assessed if the permit is not properly posted on the work site, if the work to be inspected is not under test, if the permit is for failure to provide access on the date for which inspection is requested or for failure to make required corrections. Requests for reinspection shall be made in writing upon forms furnished for that purpose and shall be accompanied by the reinspection fee in accordance with this section. If reinspection fees have been assessed, then additional inspection of the work shall not be performed until the required fees have been paid.
D. If the work for which a permit fee has been paid under this code is not started, then the authority having jurisdiction, upon proper application for refund and surrender of the permit for cancellation, shall issue a refund. A refund may not be made for an expired permit. (Ord. 16964 § 6, 2010).
16.32.193 Conflicts between codes.
Section 102.1 of the Uniform Plumbing Code is not adopted and the following is substituted:
Conflicts between codes (UPC 102.1). In instances where this code, applicable standards or the manufacturer's installation instructions conflict, the more stringent provisions shall prevail. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall prevail. (Ord. 19485 § 135, 2022).
16.32.195 Authority Having Jurisdiction. Section 103.1 of the Uniform Plumbing Code is supplemented with the following:
Authority Having Jurisdiction (UPC 103.1.1). The authority having jurisdiction is the director of public health - Seattle & King County or the director's authorized representative, who shall administer and enforce the provisions of this code, render interpretations of this code and make and enforce such rules and regulations, in accordance with K.C.C. chapters 2.98 and 2.100. (Ord. 19485 § 138, 2022: Ord. 15802 § 122, 2007).
16.32.205 Right of Entry. Section 103.4 of the Uniform Plumbing Code is not adopted and the following is substituted:
Right of Entry (UPC 103.4). Upon presentation of proper credentials, the authority having jurisdiction may, with the consent of the occupant or with the consent of the owner of an unoccupied building or premises, or in accordance with a lawfully issued search warrant, enter at reasonable times a building or premises to perform a duty imposed upon the authority having jurisdiction by this code. The authority having jurisdiction shall make entry only if such entry is consistent with the constitutions and laws of the United States and the state of Washington. (Ord. 19485 § 139, 2022: Ord. 15802 § 123, 2007).
16.32.215 Stop Work Order and Correction Order. Section 106.4 of the Uniform Plumbing Code is not adopted and the following is substituted:
Stop Work Order and Correction Order (UPC 106.4).
A. Whenever any work is being done contrary to the provisions of this code, the authority having jurisdiction may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall immediately stop work until authorized by the authority having jurisdiction to proceed with the work. Service of a stop work order shall be made by one or more of the following methods:
Personal service: Personal service of a stop work order may be made on the property owner or on any person doing or causing the work to be done, or by leaving the stop work order at the house of usual abode of the person being served if the stop work order is left with a person of suitable age and discretion who resides there.
Service by posting on the property: Service directed to the property owner or person engaged in doing or causing such work to be done may be made by posting the stop work order in a conspicuous place on the property where the work is occurring, and concurrently mailing notice as required by this subsection, if a mailing address is available.
Service by mail: Service by mail may be made for a stop work order by mailing two copies, postage prepaid, one by ordinary first class mail and the other by certified mail, to the property owner and to any person engaged in doing or causing such work to be done, at their last known addresses, at the address of the location of the work being done, or at the address of the place of business of the person being served. The taxpayer’s address as shown on the tax records of the county shall be deemed to be the proper address for the purpose of mailing such notice to the person being served. Service by mail shall be presumed effective upon the third business day following the day upon which the stop work order was placed in the mail.
B. Whenever any work is being done contrary to the provisions of this code, the authority having jurisdiction may order the violations corrected without ordering all work stopped by issuing a correction notice that identifies the violation. The correction notice may require an inspection before further construction or at the time of the next required inspection. The correction notice shall be served or posted in the same manner as a stop work order.
C. The remedies in this section are in addition to those authorized elsewhere in this code. (Ord. 19485 § 140, 2022: Ord. 18683 § 18, 2018: Ord. 15802 § 124, 2007).
16.32.235 Liability. Section 103.2 of the Uniform Plumbing Code is not adopted and the following is substituted:
Liability (UPC 103.2). This code is enacted as an exercise of the police power of King County to protect and preserve the public peace, health, safety and welfare, and its provisions shall be liberally construed for the accomplishment of these purposes. It is expressly the purpose of this code to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who would or should be especially protected or benefited by the terms of this code.
It is the specific intent of this code to place the obligation of complying with its requirements upon the owner or occupier of premises within this code's scope, and no provision nor term used in this code is intended to impose any duty upon the authority having jurisdiction or any of the authority having jurisdiction's officers or employees, for whom the implementation or enforcement of this code shall be discretionary and not mandatory.
Nothing in this code creates or forms the basis for any liability on the part of the authority having jurisdiction, or the authority having jurisdiction's officers, employees or agents, for any injury or damage resulting from the failure of the owner or occupier of premises to comply with the provisions of this code, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this code on the part of the authority having jurisdiction or by the authority having jurisdiction's officers, employees or agents.
Any claim or litigation arising from any conduct, acts or omissions of the authority having jurisdiction, or any of the authority having jurisdiction's officers, employees or agents, shall be subject to the provisions of K.C.C. chapter 2.21. (Ord. 19485 § 141, 2022: Ord. 15802 § 126, 2007).
16.32.255 Penalties. Section 106.3 of the Uniform Plumbing Code is not adopted and the following is substituted:
Penalties (UPC 106.3). Any person, firm, corporation or other entity violating any provision of this code shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punishable by a fine or imprisonment, or both, in accordance with K.C.C. Title 23 or state law. Each separate day or any portion thereof, during which any violation of this code occurs or continues, shall be deemed to constitute a separate offense. (Ord. 19485 § 142, 2022: Ord. 15802 § 128, 2007).
16.32.275 Certification and Registration. Section 103.3.1 of the Uniform Plumbing Code is not adopted and the following is substituted:
Certification and Registration (UPC 103.3.1). It shall be the obligation of a person who enters into contracts for the installation or repair of plumbing systems for which this code requires a permit, to comply with all applicable state or local rules and regulations concerning plumber certification and contractor registration. (Ord. 19485 § 143, 2022: Ord. 15802 § 130, 2007).
16.32.285 Validity of Permit. Section 104.4.2 of the Uniform Plumbing Code is not adopted and the following is substituted:
Validity of Permit (UPC 104.4.2). The issuance of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid.
The issuance of a permit based upon plans, specifications or other data shall not prevent the authority having jurisdiction from thereafter requiring the correction of errors contained in the plans, specifications and other data or from preventing building operations being carried on thereunder when in violation of this code or of other ordinances of this jurisdiction.
Every plumbing permit shall be kept on the site where the work permitted is being performed and shall not be removed until the work has been finally approved by the authority having jurisdiction.
Plumbing work authorized by a permit in effect on or after January 1, 2023, shall be performed in accordance with the laws and ordinances in effect when the permit was issued, except when:
1. The authority having jurisdiction determines such work to be in fact dangerous, unsafe, insanitary or a nuisance or a menace to life, health or property; or
2. A building permit has been approved before January 1, 2023. (Ord. 19485 § 144, 2022: Ord. 17837 § 71, 2014: Ord. 15802 § 131, 2007).
16.32.288 Expiration.
Section 104.4.3 of the Uniform Plumbing Code is not adopted and the following is substituted:
Expiration (UPC 104.4.3). Permits issued by the authority having jurisdiction under this code shall expire eighteen months from date of issue. (Ord. 19485 § 145, 2022).
16.32.292 Extensions.
Section 104.4.4 of the Uniform Plumbing Code is not adopted and the following is substituted:
Extensions (UPC 104.4.4). Permits may be renewed once for one-half the original permit cost or fifty dollars, whichever is less. The renewed permit shall expire eighteen months from the original expiration date. Any person seeking renewal of a permit that has previously been renewed, shall apply for a new permit in accordance with the code and pay the full amount of the permit cost in accordance with the fee schedule. (Ord. 19485 § 146, 2022).
16.32.295 Suspension, Revocation or Limitation of Permits. Section 104.4.5 of the Uniform Plumbing Code is not adopted and the following is substituted:
Suspension, Revocation or Limitation of Permits (UPC 104.4.5).
1. In addition to other remedies provided by law, the authority having jurisdiction may, in writing, suspend, revoke or limit a permit issued under this code if:
1.1. The permit holder committed a violation of this code, other ordinances or any rules and regulations adopted by the authority having jurisdiction, in the course of performing activities subject to that permit;
1.2. The permit holder interfered with the authority having jurisdiction in the performance of the authority having jurisdiction's duties relating to the permit;
1.3. The permit was issued in error or on the basis of materially incorrect information supplied to the authority having jurisdiction; or
1.4. Permit fees or costs were paid to the county by check and returned from a financial institution marked nonsufficient funds or canceled.
2. The suspension, revocation or limitation shall be carried out through the notice and order provisions of K.C.C. Title 23, is effective on the date established by the notice and order and may be appealed to the King County hearing examiner in accordance with the appeal provisions of K.C.C. Title 23.
3. Notwithstanding any other provision of this code, the administrative authority may immediately suspend operations under a permit by issuing a stop work order in accordance with this code. (Ord. 19485 § 147, 2022: Ord. 15802 § 132, 2007).
16.32.306 Reinspections. Section 105.2.6 of the Uniform Plumbing Code is not adopted and the following is substituted:
Reinspections (UPC 105.2.6). A reinspection fee may be assessed for each inspection or reinspection when part or all of the work for which inspection is called is not complete or when required corrections have not been made.
This provision is not to be interpreted as requiring reinspection fees the first time a job is rejected for failure to comply with the requirements of this code, but as controlling the practice of calling for inspections before the job is ready for inspection or reinspection.
Reinspection fees may be assessed when the approved plans are not readily available to the inspector, for failure to provide access on the date for which the inspection is requested, or for deviating from plans when such deviation requires but has not received the approval of the authority having jurisdiction.
To obtain reinspection, the applicant shall file an application therefor in writing upon a form furnished for that purpose and pay the reinspection fee in accordance with K.C.C. 16.32.095.
In instances where reinspection fees have been assessed, no additional inspection of the work shall be performed until the required fees have been paid. (Ord. 19485 § 149, 2022: Ord. 15802 § 133, 2007).
16.32.336 Water Heaters Used for Space Heating. Section 107 of the Uniform Plumbing Code is not adopted. (Ord. 19485 § 149, 2022).
16.32.337 Inspections and Testing. Section 501 of the Uniform Plumbing Code is supplemented with the following:
Water Heaters Used for Space Heating (UPC 501.2).
1. Water heaters used both to supply potable hot water and provide hot water for space-heating applications shall be:
1.1. Listed and labeled for such applications by the manufacturer.
1.2. Installed in accordance with the manufacturer's instructions and this code.
1.3. Sized to prevent the space-heating load from diminishing the required potable water-heating capacity.
2. Where a combination potable water-heating and space-heating system requires water for space heating at temperatures higher than 140° F (60° C), a temperature-actuated mixing valve that conforms to ASSE 1017 shall be provided to temper the water supplied to the potable hot water distribution system to a temperature of 140° F (60° C) or less. (Ord. 19485 § 150, 2022).
16.32.338 Supplemental Water-Heating Devices.
Section 501 of the Uniform Plumbing Code is supplemented with the following:
Supplemental Water-Heating Devices (UPC 501.3). Potable water heating devices that use refrigerant-to-water heat exchangers shall be approved and installed in accordance with this code and the manufacturer's instructions. (Ord. 19485 § 151, 2022).
16.32.339 Termination of Building Supply Piping.
Section 604.14 of the Uniform Plumbing Code is not adopted and the following is substituted:
Termination of Building Supply Piping (UPC 604.14). Plastic water service piping may terminate within a building, but the connection to the potable water distribution system shall be made as near as is practical to the point of entry and shall be accessible. Barbed insert fittings with hose clamps are prohibited as a transition fitting within the building.
EXCEPTION: The connection to the potable water distribution system for PVC and PE piping shall be within one foot of the building perimeter point of entry. (Ord. 19485 § 152, 2022).
16.32.340 General.
Section 709.1 of the Uniform Plumbing Code is not adopted and the following is substituted:
709.1 General (UPC 709.1). Plumbing fixtures shall be drained to the sanitary waste system by gravity flow.
EXCEPTION: Plumbing fixtures are permitted to be pumped or ejected as allowed by UPC 710.2 or approved by the authority having jurisdiction. (Ord. 19485 § 153, 2022).
16.32.341 Plan Review Fees.
Section 104.3.2 of the Uniform Plumbing Code is not adopted and the following is substituted:
Plan Review Fees (UPC 104.3.2). Where a plan or other data is required to be submitted in accordance with UPC 104.3.1, a plan review fee shall be charged at a rate equal to the cost of performing the service in addition to the permit fees specified in K.C.C. 16.32.080. (Ord. 19485 § 136, 2022).
16.32.342 Air Admittance Valves.
Chapter 9 of the Uniform Plumbing Code is supplemented with the following:
Air Admittance Valves (UPC 913.0). Individual fixtures, a branch vent, a vertical wet vent and a horizontal wet vent may terminate with a connection to an air admittance valve as follows:
1. Fixtures connected to an air admittance valve shall be located on the same floor level.
2. Air admittance valves shall conform to ASSE 1051 for single fixtures, or ASSE 1050 for multiple fixtures, and shall be installed as required in this section and the manufacturer installation guidelines.
3. Air admittance valves shall be accessible and located:
3.1. In an area that allows air to enter the valve.
3.2. A minimum of 4 inches above the trap arm.
3.3. A minimum of 6 inches above the flood level rim of the highest fixture being vented, when the air admittance valve serves as a vent termination for a branch vent, or vertical and horizontal wet vent.
3.4. Not less than 6 inches above insulation materials.
3.5. Within the maximum developed length permitted for the vent as shown in UPC Table 703.2.
4. The air admittance valve shall be rated in accordance with the standard for the vent size as determined in UPC Table 703.2.
5. Not less than one plumbing vent sized as required by UPC 904.1 shall extend to the exterior of the building as required in UPC 906.1.
6. When a horizontal branch drain uses an individual or branch type air admittance valve, a relief vent shall be installed when the horizontal branch drain is located more than 4 branch intervals from the top of the building drain or waste stack. Installations that require a relief vent shall be:
6.1. Submitted for an installation design review before approval.
6.2. Sized in accordance with UPC 904.1.
6.3. Installed in accordance with UPC 905.0.
6.4. Extended to the outdoors or connect to a vent stack.
6.5. Permitted to serve as the vent for other fixtures.
7. Air admittance valve installations are prohibited for:
7.1. Venting sumps or tanks.
7.2. Non-neutralized chemical waste systems without a design review and approval by the authority having jurisdiction.
7.3. Any fixtures connected to a grease or fats, oils and grease (FOG) disposal system.
7.4. Location in spaces used as supply or return air plenums. (Ord. 19485 § 154, 2022).
16.32.343 General.
Section 1014.1 of the Uniform Plumbing Code is not adopted and the following is substituted:
General (UPC 1014.1). Where it is determined by the authority having jurisdiction that waste pretreatment is required, an approved type of grease interceptor(s) that complies with ASME A112.14.3, ASME A112.14.4, CSA B481, PDI G-101 or PDI G-102, and sized in accordance with UPC 1014.2.1 or 1014.3.6, shall be installed in accordance with the manufacturer's installation instructions to receive the drainage from fixtures or equipment that produce grease-laden waste located in areas of establishments where food is prepared or other establishments where grease is introduced into the drainage or sewage system in quantities that can effect line stoppage or hinder sewage treatment or private sewage disposal systems. A combination of hydromechanical, gravity grease interceptors and engineered systems are allowed to meet this code and other applicable requirements of the authority having jurisdiction where space or existing physical constraints of existing buildings require such installations. Grease interceptors are not required for individual dwelling units or private living quarters. Water closets, urinals and other plumbing fixtures conveying human waste shall not drain into or through the grease interceptor. Grease interceptors shall comply with UPC 1014.1.1 through 1014.1.3.
EXCEPTION: A one-family or two-family home that has an approved commercial kitchen or prepares food for public sale shall install a grease interceptor that complies to Section 1014.0 for all fixtures that produce fats, oils and grease (FOG) waste. (Ord. 19485 § 155, 2022).
16.32.344 Food Waste Disposers and Dishwashers.
Section 1014.1.3 of the Uniform Plumbing Code is not adopted and the following is substituted:
Food Waste Disposers and Dishwashers (UPC 1014.1.3). No food waste disposer or dishwasher shall be connected to or discharge into a grease interceptor. Commercial food waste disposers may discharge directly into the building's drainage system.
EXCEPTION: Food waste disposers may discharge to grease interceptors that are designed to receive the discharge of food waste or a listed food solids interceptor shall be installed at the discharge point of the food waste disposer. (Ord. 19485 § 156, 2022).
16.32.345 Parking Garage Drainage Systems. Chapter 10 of the Uniform Plumbing Code is supplemented with the following:
Parking Garage Drainage Systems (UPC 1018.1). All garage floor drainage under the roof of a parking garage shall be connected to the sanitary drainage system, through the use of a sand interceptor. When the top floor of the building is used as a roof as well as a parking area, the drainage from the roof shall be connected to the storm drainage system. Drainage from plumbing fixtures shall not be inter-connected with the garage drainage system; however, drainage lines from car or truck washing equipment may be connected to the approved garage drainage system. Garage drains shall comply with the following:
1. Garage drain piping shall be a minimum of three inches in size.
2. A trap shall not be installed at the garage drains. All plans for parking garage drainage systems shall be submitted to the authority having jurisdiction before installation for approval.
EXCEPTION: This section shall not apply to one-family or two-family dwellings. (Ord. 19485 § 158, 2022: Ord. 15802 § 137, 2007).
16.32.355 Combining Storm with Sanitary Sewage. Section 1101.3 of the Uniform Plumbing Code is not adopted and the following is substituted:
Combining Storm with Sanitary Sewage (UPC 1101.3). The sanitary and storm drainage system of a building shall be entirely separate. (Ord. 19485 § 158, 2022: Ord. 15802 § 138, 2007).
Sections:
16.78.010 Definitions.
16.78.020 Fence required-Construction.
16.78.030 Fence-Waiver of requirements.
16.78.040 Application-Exemptions.
16.78.050 Alternate methods of protection.
16.78.060 Enforcement.
16.78.010 Definitions.
A. "Depth" means a perpendicular measurement from the top lip of the pool to the deepest point.
B. "Drainage facility" means the system of collection, conveying and storing surface and storm water runoff. Drainage facilities shall include but not be limited to all surface and storm water runoff conveyance and containment facilities including streams, pipelines, channels, ditches, swamps, lakes, wetlands, closed depressions, infiltration facilities, retention/detention facilities, erosion/sedimentation control facilities, and other drainage structures and appurtenances, both natural and human-made.
C. "Ornamental pool" means any human-made structure, basin, chamber, tank or pool except drainage facilities containing an artificial body of water and having a depth of more than six inches and less than two feet and whose primary function is for other than swimming, diving or recreational bathing.
D. "Persons" means any individual or a firm, partnership, company, corporation, trustee, association or any public or private entity.
E. "Wading pool" means any artificial structure, basin, chamber, tank or pool of water intended and constructed for wading purposes which is not over two feet in depth at any point. (Ord. 18683 § 20, 2018: Ord. 9613 § 1, 1990: Ord. 1283 § 1, 1972).
16.78.020 Fence required-Construction. Every person, whether as owner, purchaser under contract, lessee, tenant, or licensee in possession of land upon which is situated an ornamental pool shall at all times maintain on the lot or premises upon which such pool is located and completely surrounding such pool, lot or premises a fence or other solid structure designed to prevent small children from inadvertently wandering into the pool. Such fence or other solid structure shall be not less than three feet in height and shall be constructed as follows:
A. For a fence or other solid structure whose chief covering members are constructed in a vertical direction there shall be no openings in a horizontal direction of more than four inches. For a fence of this type there shall be no more than two horizontal members;
B. For a fence or other solid structure whose chief covering members are constructed in a horizontal direction there shall be no openings in either a horizontal or vertical direction;
C. All gates or doors opening through such enclosures shall be equipped with a self‑closing and self‑latching device designed to keep and capable of keeping such doors or gates securely closed at all times when not in actual use. To prevent a small child from opening such door or gate, the latch shall be installed on the pool side of the gate; provided, however, that the door of any dwelling occupied by human beings and forming any part of the enclosure need not be so equipped.
No self‑closing gate required by this section shall have a width in excess of four feet. In no event shall a gate which serves as a driveway qualify as a self‑closing gate for the protection of ornamental pools under the requirements of this section. (Ord. 1283 § 2, 1972).
16.78.030 Fence-Waiver of requirements. The requirements of this chapter relating to a fence or other solid structure surrounding an ornamental pool on all sides may be waived to the extent that the topographical features of the land upon which the pool is constructed or is proposed to be constructed are such as to make the land inaccessible and unapproachable by an unescorted child from any portion thereof which is unfenced and unenclosed. (Ord. 1283 § 3, 1972).
16.78.040 Application-Exemptions. This chapter applies to ornamental pools on residential dwelling sites on lots of less than two and one-half acres or any other such ornamental pools which would create an unreasonable risk to small children.
Further exemptions are provided as follows:
A. Any and all ornamental pools that are under six inches in depth are exempted from this chapter.
B. Any pool deeper than two feet is required to comply with section 16.70.020 of the King County code for fencing of swimming pools. (Ord. 1283 § 4, 1972).
16.78.050 Alternate methods of protection. Notwithstanding any precise requirements of this chapter, alternate methods of protection and construction of ornamental pools may be utilized, provided such alternative methods meet the same essential safety requirements of this chapter, and it can be demonstrated that such alternate methods are better suited because of peculiar or unusual circumstances and that it is not practical to meet the precise requirements of this chapter. Such alternates, however, must meet one of the following criteria:
A. For one reason or another the ornamental pool is essentially inaccessible and unapproachable by an unescorted child.
B. The deepest point of the pool is made inaccessible by methods of noncorrosive screening with openings no greater than two inches in diameter or other solid foundation inside the pool, but not deeper than six inches from the top of the lip of the pool; provided, however, that such screening must be of sufficient strength to withstand one hundred pounds of dead weight without breaking or pulling loose from its retaining walls and must be secured in such a manner that it may not be lifted or removed either purposely or inadvertently by a child under seven years of age.
C. The ornamental pool in no place exceeds two feet in depth and has a gradual slope from the outside perimeter of the pool to the approximate center of the pool. For the purpose of this section, "gradual slope" is defined as a slope ratio of not less than four feet horizontal measurement to each one foot vertical measurement increase. (Ord. 1283 § 5, 1972).
16.78.060 Enforcement. The director is authorized to enforce the provisions of this chapter, the ordinances and resolutions codified in it, and any rules and regulations promulgated thereunder pursuant to the enforcement and penalty provisions of K.C.C. Title 23. (Ord. 17420 § 65, 2012: Ord. 14498 § 24, 2002: Ord. 2910 § 4 (part), 1976: Ord. 1283 (part), 1972).
Sections:
16.82.010 Purpose.
16.82.020 Definitions.
16.82.030 Administration.
16.82.040 Hazards.
16.82.050 Clearing and grading permit required ‑ exceptions.
16.82.051 Clearing and grading permit exceptions.
16.82.052 Temporary permits.
16.82.053 Programmatic permits.
16.82.055 Applications - Complete applications.
16.82.060 Permit application requirements.
16.82.065 Emergency actions.
16.82.075 Permit review and final decision.
16.82.085 Permit duration and renewal.
16.82.090 Liability insurance required – Exception.
16.82.095 Erosion and sediment control standards-seasonal limitation period.
16.82.100 Grading standards.
16.82.105 Clearing and grading activities - hours of operation - variations.
16.82.120 Shorelines.
16.82.130 Violations - corrective work required.
16.82.140 Class II, III or IV-S forest practices - six-year moratorium - exceptions.
16.82.150 Clearing standards for individual lots in the rural zone.
16.82.151 Relocation of undeveloped area in adjacent lots.
16.82.152 Clearing standards for subdivisions and short subdivisions in the rural residential zone.
16.82.154 Clearing - modification of limits through farm management and rural stewardship plans.
16.82.156 Significant trees.
16.82.158 Hazard and damage.
16.82.160 Agricultural production district standards.
16.82.170 Financial guarantees authorized.
16.82.175 Vesting period for lots in final short plats.
16.82.010 Purpose.
A. This chapter is intended to regulate clearing and removal of vegetation, excavation, grading and earthwork construction including cuts and fills, gravel pits, dumping, quarrying and mining operations within King County in order to protect public health, safety and welfare by:
1. Minimizing adverse stormwater impacts generated by the removal of vegetation and alteration of landforms;
2. Protecting water quality from the adverse impacts associated with erosion and sedimentation;
3. Minimizing aquatic and terrestrial wildlife habitat loss caused by the removal of vegetation;
4. Protecting sensitive areas from adverse clearing and grading activities;
5. Facilitating and encouraging long term forest practice and agricultural production operations where appropriate;
6. Minimizing the adverse impacts associated with materials processing, quarrying and mining operations;
7. Preventing damage to property and harm to persons caused by excavations and fills;
8. Establishing administrative procedures for the issuance of permits, approval of plans, and inspection of clearing and grading operations; and
9. Providing penalties for the violation of this chapter.
B. This chapter establishes the administrative procedure for issuance of permits, provides for approval of plans and inspection of clearing and grading operations, and provides for penalties for the violation of this chapter. (Ord. 16267 § 1, 2008: Ord. 11618 § 3, 1994: 9614 § 97, 1990: Ord. 1488 § 2, 1973).
16.82.020 Definitions. Certain words and phrases used in this chapter, unless otherwise clearly indicated by their context, mean as follows:
A. "Applicant" means a property owner or a public agency or public or private utility that owns a right-of-way or other easement or has been adjudicated the right to such an easement in accordance with RCW 8.12.090, or any person or entity designated or named in writing by the property or easement owner to be the applicant, in an application for a development proposal, permit or approval.
B. "Bench" means a relatively level step excavated or constructed on the face of a graded slope surface for drainage and maintenance purposes.
C. "Civil engineer" means an engineer who is licensed as a professional engineer in the branch of civil engineering by the state of Washington.
D. "Clearing" means the cutting, killing, grubbing or removing of vegetation or other organic material by physical, mechanical, chemical or any other similar means.
E. "Compaction" means the densification of a fill by mechanical means.
F. "Cutting" means the severing of the main trunk or stem of woody vegetation at any point.
G. "Department" means the department of local services or its successor.
H. "Director" means the department of local services permitting division manager or designee.
I. "Earth material" means any rock, natural soil or any combination thereof.
J. "Erosion" means the wearing away of the ground surface as the result of the movement of wind, water or ice.
K. "Excavation" means the removal of earth material.
L. "Fill" means a deposit of earth material or recycled or reprocessed waste material consisting primarily of organic or earthen materials, or any combination thereof, placed by mechanical means.
M. "Geotechnical engineer" means an engineer who is licensed as a professional engineer by the state of Washington and who has at least four years of relevant professional employment.
N. "Grade" means the elevation of the ground surface.
1. "Existing grade" means the grade before grading.
2. "Finish grade" means the final grade of the site that conforms to the approved plan as required in K.C.C. 16.82.060.
3. "Rough grade" means the stage at which the grade approximately conforms to the approved plan as required in K.C.C. 16.82.060.
O. "Grading" means any excavating, filling or land-disturbing activity, or combination thereof.
P. "Grading and clearing permit" means the permit required by this chapter for grading and clearing activities, including temporary permits.
Q. "Land disturbing activity" means an activity that results in a change in the existing soil cover, both vegetative and nonvegetative, or to the existing soil topography.
R. "Reclamation" means the final grading and restoration of a site to establish the vegetative cover, soil surface water and groundwater conditions appropriate to accommodate and sustain all permitted uses of the proposed zone appropriate for the site.
S. "Shorelines" means those lands defined as shorelines in the state Shorelines Management Act of 1971.
T. "Site" means a single lot or parcel of land two or more contiguous lots that are under common ownership or documented legal control, used as a single parcel for a development proposal in order to calculate compliance with the standards and regulations of this chapter. For purposes of this definition:
1. "Documented legal control" includes fee simple or leasehold rights, or an easement, or any combination thereof, that allows uses associated with the overall development proposal; and
2. Lots that are separated only by a public road right-of-way shall be considered to be contiguous.
U. "Slope" means inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance.
V. "Structural engineer" means an engineer who is licensed as a professional engineer in the branch of structural engineering by the state of Washington.
W. "Structure" means that which is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts jointed together in some definite manner.
X. "Tree" means a large woody perennial plant usually with a single main stem or trunk and generally over twelve feet tall at maturity.
Y. "Understory" means the vegetation layer of a forest that includes shrubs, herbs, grasses and grass-like plants, but excludes native trees.
Z. "Vegetation" means any organic plant life growing at, below or above the soil surface. (Ord. 18791 § 131, 2018: Ord. 17539 § 5, 2013: Ord. 17420 § 66, 2012: Ord. 16267 § 2, 2008: Ord. 15053 § 1, 2004: Ord. 12196 § 5, 1996: Ord. 11700 § 10, 1995: Ord. 9614 § 98, 1990: Ord. 7990 § 19, 1987: Ord. 3108 § 1, 1977: Ord. 1488 § 5, 1973).
16.82.030 Administration. The director is authorized to enforce the provisions of this chapter.
A. The director is authorized to make such inspections and take such actions as may be required to enforce the provisions of this chapter.
B. Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the director has reasonable cause to believe that any land, building, structure, premises, or portion thereof is being used in violation of this chapter, the director may enter such land, building, structure, premises, or portion thereof at all reasonable times to inspect the same or perform any duty imposed upon the director by this chapter; provided, that if such building, land, structure, premises or portion thereof is occupied, the director shall first present proper credentials and demand entry; and if such land, building, structure, premises, or portion thereof be unoccupied, the director shall first make a reasonable effort to locate the owner or other persons having charge or control of the land, building, structure, premises, or portion thereof and demand entry.
No owner or occupant or any other person having charge, care or control of any building, land, structure, premises, or portion thereof shall fail or neglect, after proper demand, to promptly permit entry thereon by the director for the purpose of inspection and examination pursuant to this chapter. Any person violating this subsection is guilty of a misdemeanor. (Ord. 18683 § 21, 2018: Ord. 3108 § 2, 1977: Ord. 1488 § 3, 1973).
16.82.040 Hazards. Whenever the director determines that an existing site, as a result of clearing or grading, excavation, embankment, or fill has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the clearing, grading, excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the director, shall within the period specified therein restore the site affected by such clearing or grading or repair or eliminate such excavation or embankment or fill so as to eliminate the hazard and be in conformance with the requirements of this chapter. (Ord. 9614 § 99, 1990: Ord. 3108 § 3, 1977: Ord. 1488 § 4, 1973).
16.82.050 Clearing and grading permit required ‑ exceptions.
A. An activity physically altering a site, including clearing or grading activities and forest practices, shall be consistent with and meet the standards in this chapter unless preempted under chapter 76.09 RCW.
B. Unless specifically excepted under K.C.C. 16.82.051, a person shall not do any clearing or grading without first having obtained a clearing and grading permit issued by the department or having all clearing and grading reviewed and approved by the department as part of another development proposal. A separate permit shall be required for each site unless the activity is approved to occur on multiple sites under a programmatic permit issued in accordance with K.C.C. 16.82.053.
C. The permits or approvals issued under this chapter shall be required regardless of permits or approvals issued by the county or any other governmental agency and do not preclude the requirement to obtain all other permits or approvals or to comply with the operating standards in sections K.C.C. 16.82.095, 16.82.100, 16.82.105 and 16.82.130. Exceptions from permits under this chapter do not preclude the requirement to obtain other permits or approvals or to comply with the operating standards in K.C.C. 16.82.095, 16.82.100, 16.82.105 and 16.82.130. (Ord. 15053 §2, 2004: Ord. 14259 § 3, 2001: Ord. 12878 § 3, 1997: Ord. 12822 § 2, 1997: Ord. 12020 § 51, 1995: Ord. 12016 § 2, 1995: Ord. 12015 § 2, 1995: Ord. 11896 § 2, 1995: Ord. 11886 § 2, 1995: Ord. 11618 § 4, 1994: 11536 § 1, 1994: 11393 § 1, 1994: Ord. 11016 § 14, 1993: Ord. 10152 § 1, 1991: Ord. 9614 § 100, 1990: Ord. 7990 § 20, 1987: Ord. 3108 § 4, 1977: Ord. 1488 § 6, 1973).
16.82.051 Clearing and grading permit exceptions.
A. For the purposes of this section, the definitions in K.C.C. chapter 21A.06 apply to the activities described in this section.
B. The following activities are excepted from the requirement of obtaining a clearing or grading permit before undertaking forest practices or clearing or grading activities, as long as those activities conducted in critical areas are in compliance with the standards in this chapter and in K.C.C. chapter 21A.24. In cases where an activity may be included in more than one activity category, the most-specific description of the activity shall govern whether a permit is required. For activities involving more than one critical area, compliance with the conditions applicable to each critical area is required. Clearing and grading permits are required when a cell in this table is empty and for activities not listed on the table. Activities not requiring a clearing and grading permit may require other permits, including, but not limited to, a floodplain development permit.
|
"NP" in a cell means no clearing or grading permit required if conditions are met. A number in a cell means the Numbered condition in subsection C. applies. "Wildlife area and network" column applies to both Wildlife Habitat Conservation Area and Wildlife Habitat Network |
Out of Critical Area Land* Buffer |
Coal Mine Hazard |
Erosion Hazard |
Flood Hazard |
Channel Migration |
Landslide Hazard and Buffer |
Seismic Hazard |
Volcanic Hazard |
Steep Slope Hazard and Buffer |
Critical Aquifer Recharge Area |
Wetland and Buffer |
Aquatic Area and Buffer |
Wildlife Area and Buffer |
|
ACTIVITY |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Grading and Clearing |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Grading |
NP 1, 2 |
NP 1, 2 |
NP 1, 2 |
|
|
|
NP 1, 2 |
NP 1, 2 |
|
NP 1, 2 |
|
|
|
|
Clearing |
NP 3 NP 24 |
NP 3 |
NP 3 |
NP 3 |
|
|
NP 3 |
NP 3 |
|
NP 3 |
NP 4 NP 23 |
NP 4 NP 23 |
|
|
Covering of garbage |
NP 5 |
NP 5 |
NP 5 |
NP 5 |
NP 5 |
NP 5 |
NP 5 |
NP 5 |
NP 5 |
NP 5 |
NP 5 |
NP 5 |
NP 5 |
|
Emergency tree removal |
NP |
NP 6 |
NP 6 |
NP 6 |
NP 6 |
NP 6 |
NP 6 |
NP 6 |
NP 6 |
NP 6 |
NP 6 |
NP 6 |
NP 6 |
|
Hazard tree removal |
NP |
NP |
NP |
NP |
|
|
NP |
NP |
|
NP |
|
|
|
|
Removal of noxious weeds |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
|
Removal of invasive vegetation |
NP 7 |
NP 7 |
NP 7 |
NP 7 |
NP 7 |
|
NP 7 |
NP 7 |
|
NP 7 |
NP 8 |
NP 8 |
NP 8 |
|
Forest management activity |
NP 9 |
NP 9 |
NP 9 |
NP 9 |
NP 9 |
NP 9 |
NP 9 |
NP 9 |
NP 9 |
NP 9 |
NP 9 |
NP 9 |
NP 9 |
|
Emergency action |
NP 10 |
NP 10 |
NP 10 |
NP 10 |
NP 10 |
NP 10 |
NP 10 |
NP 10 |
NP 10 |
NP 10 |
NP 10 |
NP 10 |
NP 10 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Roads |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Grading within the roadway |
NP 11 |
NP 11 |
NP 11 |
NP 11 |
NP 11 |
NP 11 |
NP 11 |
NP 11 |
NP 11 |
NP 11 |
|
|
NP 11 |
|
Clearing within the roadway |
NP |
NP 12 |
NP 12 |
NP 12 |
NP 12 |
NP 12 |
NP 12 |
NP 12 |
NP 12 |
NP |
NP 12 |
NP 12 |
NP 12 |
|
Maintenance of driveway or private access road |
NP 13 |
NP 13 |
NP 13 |
NP 13 |
NP 13 |
NP 13 |
NP 13 |
NP 13 |
NP 13 |
NP 13 |
NP 13 |
NP 13 |
NP 13 |
|
Maintenance of bridge or culvert |
NP 13, 14, 15 |
NP 13, 14, 15 |
NP 13, 14, 15 |
NP 13, 14, 15 |
NP 13, 14, 15 |
NP 13, 14, 15 |
NP 13, 14, 15 |
NP 13, 14, 15 |
NP 13, 14, 15 |
NP 13, 14, 15 |
NP 13, 14, 15 |
NP 13, 14, 15 |
NP 13, 14, 15 |
|
Construction of farm field access drive |
NP 16 |
NP 16 |
NP 16 |
NP 16 |
NP 16 |
NP 16 |
NP 16 |
NP 16 |
NP 16 |
NP 16 |
NP 16 |
NP 16 |
NP 16 |
|
Maintenance of farm field access drive |
NP 17 |
NP 17 |
NP 17 |
NP 17 |
NP 17 |
NP 17 |
NP 17 |
NP 17 |
NP 17 |
NP 17 |
NP 17 |
NP 17 |
NP 17 |
|
Utilities |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Construction or maintenance of utility corridors or facility within the right-of-way |
NP 18 |
NP 19 |
NP 19 |
NP 19 |
NP 19 |
NP 19 |
NP 19 |
NP 19 |
NP 19 |
NP 18 |
NP 19 |
NP 19 |
NP 19 |
|
Construction or maintenance of utility corridors or facility outside of the right-of-way |
NP 1, 2, 3 |
|
NP 1, 2, 3 |
|
|
|
NP 1, 2, 3 |
NP 1, 2, 3 |
|
NP 1, 2, 3 |
|
|
|
|
Maintenance of existing surface water conveyance system |
NP 11 |
NP 11 |
NP 11 |
NP 11 |
NP 11 |
NP 11 |
NP 11 |
NP 11 |
NP 11 |
NP 11 |
NP 11 |
NP 11 |
NP 11 |
|
Maintenance of existing surface water flow control and surface water quality treatment facility |
NP 11 |
NP 11 |
NP 11 |
NP 11 |
NP 11 |
NP 11 |
NP 11 |
NP 11 |
NP 11 |
NP 11 |
NP 11 |
NP 11 |
NP 11 |
|
Maintenance or repair of flood protection facility |
NP 20 |
NP 20 |
NP 20 |
NP 20 |
NP 20 |
NP 20 |
NP 20 |
NP 20 |
NP 20 |
NP 20 |
NP 20 |
NP 20 |
NP 20 |
|
Maintenance or repair of existing instream structure |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP 11 |
NP 11 |
NP |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Recreation areas |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Maintenance of outdoor public park facility, trail or publicly improved recreation area |
NP 13 |
NP 13 |
NP 13 |
NP 13 |
NP 13 |
NP 13 |
NP 13 |
NP 13 |
NP 13 |
NP 13 |
NP 13 |
NP 13 |
NP 13 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Habitat and science projects |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Habitat restoration or enhancement project |
NP |
NP 21 |
NP 21 |
NP 21 |
NP 21 |
NP 21 |
NP 21 |
NP 21 |
NP 21 |
NP |
NP 21 |
NP 21 |
NP 21 |
|
Drilling and testing for critical areas report |
NP 1, 2 |
NP 1, 2 |
NP 1, 2 |
NP 22 |
NP 22 |
NP 22 |
NP 1, 2 |
NP 1, 2 |
NP 22 |
NP 1, 2 |
NP 22 |
NP 22 |
NP 22 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Agriculture |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Horticulture activity including tilling, discing, planting, seeding, harvesting, preparing soil, rotating crops and related activity |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
|
Grazing livestock |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
|
Construction and maintenance of livestock manure storage facility |
NP 16 |
NP 16 |
NP 16 |
NP 16 |
NP 16 |
|
NP 16 |
NP 16 |
|
NP 16 |
NP 16 |
NP 16 |
|
|
Maintenance or replacement of agricultural drainage |
NP 15 |
NP 15 |
NP 15 |
NP 15 |
NP 15 |
NP 15 |
NP 15 |
NP 15 |
NP 15 |
NP 15 |
NP 15 |
NP 15 |
NP 15 |
|
Maintenance of agricultural waterway |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
|
Maintenance of farm pond, fish pond, livestock watering pond |
NP 15 |
NP 15 |
NP 15 |
NP 15 |
NP 15 |
NP 15 |
NP 15 |
NP 15 |
NP 15 |
NP 15 |
NP 15 |
NP 15 |
NP 15 |
|
Other |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Excavation of cemetery grave in established and approved cemetery |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
NP |
|
Maintenance of cemetery grave |
NP |
NP 13 |
NP 13 |
NP |
NP 13 |
NP 13 |
NP |
NP |
NP 13 |
NP |
NP 13 |
NP 13 |
NP 13 |
|
Maintenance of lawn, landscaping and gardening for personal consumption |
NP |
NP 13 |
NP 13 |
NP |
NP 13 |
NP 13 |
NP |
NP |
NP 13 |
NP |
NP 13 |
NP 13 |
NP 13 |
|
Maintenance of golf course |
NP 13 |
NP 13 |
NP 13 |
NP 13 |
NP 13 |
NP 13 |
NP |
NP |
NP 13 |
NP 13 |
NP 13 |
NP 13 |
NP 13 |
C. The following conditions apply:
1. Excavation less than five feet in vertical depth, or fill less than three feet in vertical depth that, cumulatively over time, does not involve more than one hundred cubic yards on a single site.
2. Grading that produces less than two thousand square feet of new impervious surface on a single site added after January 1, 2005, or that produces less than two thousand square feet of replaced impervious surface or less than two thousand square feet of new plus replaced impervious surface after October 30, 2008. For purposes of this subsection C.2., "new impervious surface" and "replaced impervious surface" are defined in K.C.C. 9.04.020.
3. Cumulative clearing of less than seven thousand square feet including, but not limited to, collection of firewood and removal of vegetation for fire safety. This exception shall not apply to development proposals:
a. regulated as a Class IV forest practice under chapter 76.09 RCW;
b. in a critical drainage areas established by administrative rules;
c. subject to clearing limits included in property-specific development standards and special district overlays under K.C.C. chapter 21A.38; or
d. subject to urban growth area significant tree retention standards under K.C.C. 16.82.156 and 21A.38.230.
4. Cutting firewood for personal use in accordance with a forest management plan or rural stewardship plan approved under K.C.C. Title 21A. For the purpose of this condition, personal use shall not include the sale or other commercial use of the firewood.
5. Limited to material at any solid waste facility operated by King County.
6. Allowed to prevent imminent danger to persons or structures.
7. Cumulative clearing of less than seven thousand square feet annually or conducted in accordance with an approved farm management plan, forest management plan or rural stewardship plan.
8. Cumulative clearing of less than seven thousand square feet and either:
a. conducted in accordance with a farm management plan, forest management plan or a rural stewardship plan; or
b. limited to removal with hand labor.
9. When conducted as a Class I, II, III or IV-S forest practice as defined in chapter 76.09 RCW and Title 222 WAC.
10. If done in compliance with K.C.C. 16.82.065.
11. Only when conducted by or at the direction of a government agency in accordance with the regional road maintenance guidelines and K.C.C. 9.04.050, creates less than two thousand square feet of new impervious surface on a single site added after January 1, 2005, and is not within or does not directly discharge to an aquatic area or wetland. For purposes of this subsection C.11., "new impervious surface" is defined in K.C.C. 9.04.020.
12. Limited to clearing conducted by or at the direction of a government agency or by a private utility that does not involve:
a. slope stabilization or vegetation removal on slopes; or
b. ditches that are used by salmonids.
13. In conjunction with normal and routine maintenance activities, if:
a. there is no alteration of a ditch or aquatic area that is used by salmonids:
b. the structure, condition or site maintained was constructed or created in accordance with law; and
c. the maintenance does not expand the roadway, lawn, landscaping, ditch, culvert or other improved area being maintained.
14. If a culvert is used by salmonids or conveys water used by salmonids and there is no adopted farm management plan, the maintenance is limited to removal of sediment and debris from the culvert and its inlet, invert and outlet and the stabilization of the area within three feet of the culvert where the maintenance disturbed or damaged the bank or bed and does not involve the excavation of a new sediment trap adjacent to the inlet.
15. If used by salmonids, only in compliance with an adopted farm plan in accordance with K.C.C. Title 21A and only if the maintenance activity is inspected by:
a. The King Conservation District;
b. King County department of natural resources and parks;
c. King County department of local services, permitting division; or
d. Washington state Department of Fish and Wildlife.
16. Only if consistent with an adopted farm plan in accordance with K.C.C. Title 21A.
17. Only if consistent with a farm plan.
18. In accordance with a franchise permit.
19. Only within the roadway in accordance with a franchise permit.
20. When:
a. conducted by a public agency;
b. the height of the facility is not increased;
c. the linear length of the facility is not increased;
d. the footprint of the facility is not expanded waterward;
e. done in accordance with the Regional Road Maintenance Guidelines;
f. done in accordance with the adopted King County Flood Hazard Management Plan and the Integrated Streambank Protection Guidelines (Washington State Aquatic Habitat Guidelines Program, 2002); and
f. monitoring is conducted for three years following maintenance or repair and an annual report is submitted to the department.
21. Only if:
a. the activity is not part of a mitigation plan associated with another development proposal or is not corrective action associated with a violation; and
b. the activity is sponsored or co-sponsored by a public agency that has natural resource management as its primary function or a federally-recognized tribe, and the activity is limited to:
(1) revegetation of the critical area and its buffer with native vegetation or the removal of noxious weeds or invasive vegetation;
(2) placement of weirs, log controls, spawning gravel, woody debris and other specific salmonid habitat improvements;
(3) hand labor except:
(a) the use of riding mower or light mechanical cultivating equipment and herbicides or biological control methods when prescribed by the King County noxious weed control board for the removal of noxious weeds or invasive vegetation; or
(b) the use of helicopters or cranes if they have no contact with or otherwise disturb the critical area or its buffer.
22. If done with hand equipment and does not involve any clearing.
23. Limited to removal of vegetation for forest fire prevention purposes in accordance with best management practices approved by the King County fire marshal.
24. Limited to the removal of downed trees.
25. Except on properties that are:
a. subject to clearing limits included in property-specific development standards and special district overlays under K.C.C. chapter 21A.38; or
b. subject to urban growth area significant tree retention standards under K.C.C. 16.82.156.
26. Only if allowed under K.C.C. 21A.24.045.D.69. and if the maintenance activity is inspected by the:
a. King Conservation District;
b. department of natural resources and parks;
c. department of local services, permitting division; or
d. Washington state Department of Fish and Wildlife.
(Ord. 18791 § 132, 2018: Ord. 17539 § 6, 2013: Ord. 17420 § 67, 2012: Ord. 17191 § 7, 2011: Ord. 16267 § 3, 2008: Ord. 15053 § 3, 2004).
*Reviser's note: Ordinance 18791 added "Land" but "and" was apparently intended.
16.82.052 Temporary permits.
A. The director shall have the authority to issue temporary permits for excavations, processing, quarrying and mining, and removal of sand, gravel, rock and other natural deposits, together with the necessary buildings, apparatus or appurtenances incident thereto for specific jobs on application for highway, road, street, airport construction, flood control and other public works projects. In conjunction with such operations, allied uses such as, but not limited to, rock crushers, concrete-batching plants and asphalt-batching plants may be authorized by this temporary permit. The director shall also have the authority to issue temporary permits for the removal of existing stockpiles of previously mined materials for the reclamation of land to its best use, consistent with the underlying zoning.
B. The department shall consider the effect of the proposed operation on the county road system and any effect it may have on surface or groundwater drainage and flood control, and shall make such recommendations as are necessary to protect the public interest in this regard.
C. The department shall also consider the effect of the proposed operation on the current and future land use in the area affected by the proposed operation and shall condition permits as necessary to protect the public interest in this regard. Temporary permits are good for the life of the contract of the specific job but must be reviewed annually. Each temporary permit site shall be fully restored during the term of the temporary permit, unless the site is subsequently designated with an M zone classification. (Ord. 17420 § 68, 2012: Ord. 16267 § 4, 2008: Ord. 14259 § 4, 2001).
16.82.053 Programmatic permits. The department may issue programmatic clearing and grading permits as follows:
A. For any clearing or grading, excluding mineral extraction:
1. That is repetitive and part of a maintenance program or other similar program;
2. That has the same or similar identifiable impacts, as determined by the department, each time the activity is repeated at all sites covered by the permit; and
3. For which standard permit conditions suitable to any and all sites can be developed and implemented;
B. For a forest practice conducted under a county-approved forest management plan;
C. The department shall uniformly apply conditions to each activity authorized under the programmatic permit at all locations covered by the permit. The department may require that the applicant develop and propose such uniformly applicable permit conditions as part of the permit application and may approve, modify or reject any of the applicant's proposed conditions. The department shall not issue a programmatic permit until applicable permit conditions are developed and approved;
D. Activities authorized under a programmatic clearing and grading permit shall be subject to inspection by the department. The applicant may be required to notify the department each time work subject to the permit is undertaken for the department to schedule inspections. In addition, the department may require the applicant to submit periodic status reports. The frequency, method and contents of the notifications and reports shall be specified as conditions to the programmatic permit; and
E. The department may require permit revision, impose new permit conditions or otherwise modify the programmatic permit or withdraw the permit and require that the applicant apply for a standard clearing and grading permit, if the department determines that the:
1. Programmatic clearing and grading permit or activities authorized under the permit no longer comply with law;
2. Programmatic clearing and grading permit does not provide adequate regulation of the activity;
3. Permit conditions or the manner in which the conditions are implemented are not adequate to protect against the impacts resulting from the activity; or
4. Site requires site-specific regulation. (Ord. 15053 § 4, 2004).
16.82.055 Applications - Complete applications.
A. For the purposes of determining the application of time periods and procedures adopted by this chapter, applications for permits authorized by Chapter 16.82 shall be considered complete as of the date of submittal upon determination by the department that the materials submitted contain the following:
1. For clearing and grading permits:
a. A legal description of the property,
b. A 1:2000 scale vicinity map with a north arrow,
c. Grading plans including;
(1) Horizontal and vertical scale,
(2) Size and location of existing improvements within 50 feet of the project, indicating which will remain and which will be removed.
(3) Existing and proposed contours at maximum five foot intervals, and extending for 100 feet beyond the project edge,
(4) At least two cross-sections, one in each direction, showing existing and proposed contours and horizontal and vertical scales, and
(5) Temporary and permanent erosion-sediment control facilities,
d. The following plans must be stamped and signed by a registered civil engineer, licensed to practice in the State of Washington,
(1) Permanent drainage facilities,
(2) Structures to be built or construction proposed in land slide hazard areas, and
(3) Proposed construction or placement of a structure.
2. A completed environmental checklist, if required by K.C.C. chapter 20.44, County Environmental Procedures;
3. Satisfaction of all requirements for grading permits under K.C.C. 16.82.060.
B. Applications found to contain material errors shall not be deemed complete until such material errors are corrected.
C. The director may waive specific submittal requirements determined to be unnecessary for review of an application. (Ord. 11622 § 4, 1994).
16.82.060 Permit application requirements.
A. To obtain a permit, the applicant shall first file an application in writing on a form prescribed by the department that, in addition to the requirements of K.C.C. 20.20.040, shall include, at a minimum:
1. Identification and description of the work to be covered by the permit for which application is made;
2. An estimate of the quantities of work involved by volume and the total area cleared or graded as a percentage of the total site area;
3. An identification and description of:
a. all critical areas on the site or visible from the boundaries of the site; and
b. all clearing restrictions applicable to the site in K.C.C. 16.82.150, critical drainage areas requirements established by administrative rules or property-specific development standards and special district overlays under K.C.C. chapter 21A.38;
4. Location of any open space tracts or conservation easements if required under:
a. K.C.C. 16.82.152;
b. K.C.C. chapter 21A.14;
c. K.C.C. chapter 21A.37;
d. critical drainage areas; or
e. property-specific development standards or special district overlays under K.C.C. chapter 21A.38;
5. Plans and specifications that, at a minimum, include:
a. property boundaries, easements and setbacks;
b. a 1:2000 scale vicinity map with a north arrow;
c. horizontal and vertical scale;
d. size and location of existing improvements on and within fifty feet of the project, indicating which will remain and which will be removed;
e. location of all proposed cleared areas;
f. existing and proposed contours at maximum five foot intervals, and extending for one hundred feet beyond the project edge;
g. at least two cross sections, one in each direction, showing existing and proposed contours and horizontal and vertical scales; and
h. a proposed erosion and sediment control plan as required by K.C.C. 16.82.095.
B. Materials in addition to those required in subsection A. of this section may be necessary for the department to complete the review. The following materials shall be submitted when required by the department.
1. Higher accuracy contours and more details of existing terrain and area drainage, limiting dimensions, elevations or finished contours to be achieved by the grading, and proposed drainage channels and related construction;
2. If applicable, all drainage plans and documentation consistent with King County Surface Water Design Manual;
3. Restoration plan if required under K.C.C. 16.82.110*; and
4. Studies prepared by qualified specialists, as necessary to substantiate any submitted materials and compliance with this chapter or other law, particularly if clearing or grading is proposed to take place in or adjacent to a critical area.
C. Plans and specifications shall be prepared and signed by a civil engineer if they are prepared in conjunction with the proposed construction or placement of a structure, include permanent drainage facilities or, if required by the department, propose alterations in steep slope or landslide hazard areas.
D. The department shall determine the number of copies of the required plans, specifications and supporting materials necessary to expedite review and may require submittal of materials in alternative formats.
E. The director may waive specific submittal requirements if they are determined to be unnecessary for the acceptance and subsequent review of an application.
F. Any plans, specifications or supporting materials that are returned as a result of permit denial or any other reason shall be returned to the applicant. (Ord. 15053 § 5, 2004: Ord. 13190 § 3, 1998: Ord. 12822 § 3, 1997: Ord. 12196 § 6, 1996: Ord. 11700 § 11, 1995: Ord. 11618 § 5, 1994: 9614 § 101, 1990: Ord. 7990 § 21, 1987: Ord. 6173 § 1, 1982: Ord. 5194 § 1, 1981: Ord. 3108 § 5, 1977: Ord. 1488 § 7, 1973).
*Reviser’s note: K.C.C. 16.82.110 was recodified as K.C.C. 21A.22.081 by Ord. 15032 § 31 (2004).
16.82.065 Emergency actions. Unless otherwise specifically provided in this chapter, an action that does not comply with this chapter and taken in response to an emergency will not be considered a violation if the following steps are taken:
A. The department is notified before the activity is undertaken, or, if prior notification is not possible, not later than forty-eight hours after the action. Within forty-eight hours of receiving the emergency notification, excluding weekends and holidays, the department shall schedule a preapplication meeting to occur within the following thirty days. Tribal notice, when required by K.C.C. 21A.01.025, shall also be provided;
B. The department shall confirm in a written decision, that the activity was an emergency action, including that:
1. There was imminent danger or risk to the public health, safety and welfare or to persons or property;
2. The emergency was unanticipated and not caused by the inaction or action of the applicant;
3. Immediate emergency action was necessary; and
4. The emergency action was in direct response to and did not exceed the dangers and risks posed by the emergency;
C. At the preapplication meeting, the department shall establish the date by which all required permit applications and other materials or information, including any critical area reports, shall be submitted;
D. Corrective action, as determined by the department, shall be completed in compliance with the corrective action requirements of K.C.C. chapter 21A.24 for any alterations made during the emergency that are not in compliance with this chapter or other law; and
E. Mitigation, as determined by the department, shall be completed in compliance with the mitigation requirements of K.C.C. chapter 21A.24. (Ord. 15053 § 6, 2004).
16.82.075 Permit review and final decision.
A. The department shall review permit applications and may impose conditions on permit approval as needed to mitigate identified project impacts and shall deny applications that are inconsistent with this chapter and any other applicable regulations. For permit applications that are within a shoreline of the state or require a shoreline management substantial development permit, the conditions necessary to comply with the King County shoreline management program, including but not limited to, the shoreline management substantial development permit conditions, shall be incorporated into the conditions of any permit issued under this chapter and shall be subject to the inspection and enforcement procedures authorized under this chapter and K.C.C. Title 23.
B. Consistent with permit process and procedures provisions of K.C.C. chapter 20.20, including public notice procedures, the department shall review and provide a final decision to approve, condition or deny permits based on compliance with this title and any other applicable regulations.
C. Any decision to approve, condition or deny a development proposal based on this title and any other applicable regulations may be appealed according to and as part of the appeal procedure for the permit or approval involved as provided in K.C.C. 20.20.020. (Ord. 15053 § 7, 2004).
16.82.085 Permit duration and renewal.
A. A clearing and grading permit shall be valid for the number of days stated in the permit but the period shall not be more than two years, except in the case of a programmatic permit which may have a duration of up to five years. A permit shall not remain valid after the permitted activity has been completed, the site has been permanently stabilized and all required mitigation or restoration has been completed, monitored and accepted.
B. If the department determines that operating conditions and performance standards have been met and that the permit conditions are adequate to protect against the impacts resulting from the permitted activity, the permit may be renewed in two-year increments or five-year increments for a programmatic permit, or less if a shorter approval or renewal period is specified by the department. The additional requirements applicable to renewal of programmatic permits in K.C.C. 16.82.053 also apply.
C. If the department determines that activities regulated under a permit issued for mineral extraction in accordance with K.C.C. chapter 21A.22 does not comply with permit conditions or operating standards during a renewal review, it may conduct a periodic review. (Ord. 15053 § 8, 2004).
16.82.090 Liability insurance required – Exception. The permittee shall maintain a liability policy in the amount of one hundred thousand dollars per individual, three hundred thousand dollars per occurrence, and fifty thousand dollars property damage, and shall name King County as an additional insured. EXCEPTION: Liability insurance requirements may be waived for projects involving less than ten thousand cubic yards. Liability insurance shall not be required of King County departments. (Ord. 18791 § 133, 2018: Ord. 1488 § 10, 1973).
16.82.095 Erosion and sediment control standards – seasonal limitation period.
A. A person who clears, grades or otherwise disturbs a site shall provide erosion and sediment control that prevents, to the maximum extent practicable, the transport of sediment from the site to drainage facilities, water resources and adjacent properties. Erosion and sediment controls shall be applied as specified by the temporary erosion and sediment control measures and performance criteria and implementation requirements in the King County Surface Water Design Manual adopted in accordance with K.C.C. chapter 9.04.
B. From October 1 through April 30, which is the seasonal limitation period, clearing and grading shall only be permitted if shown to the satisfaction of the director that runoff leaving the construction site will comply with the erosion and sediment control measures and performance criteria and implementation requirements in the King County Surface Water Design Manual adopted in accordance with K.C.C. chapter 9.04 through a combination of the following:
1. Site conditions including vegetative coverage, slope, soil type and proximity to receiving waters;
2. Proposed limitations on activities and the extent of disturbed areas; and
3. Proposed erosion and sedimentation control measures.
C. Based on the information provided under subsection A. of this section, the director may expand or restrict the seasonal limitations on site disturbance. The director shall set forth in writing the basis for approval or denial of clearing or grading during the seasonal limitation period.
D. During the seasonal limitation period, clearing and grading will be allowed only if there is installation and maintenance of an erosion and sedimentation control plan approved by the department that defines any limits on clearing and grading or specific erosion and sediment control measures required during the seasonal limitation period. The department may require or approve alternate best management practices.
E. If, during the course of construction activity or soil disturbance during the seasonal limitation period, silt-laden runoff violating standards in the King County Surface Water Design Manual leaves the construction site or if clearing and grading limits or erosion and sediment control measures shown in the approved plan are not maintained, a citation and stop work order shall be issued in accordance with K.C.C. chapters 23.20 and 23.28, respectively.
F. If the erosion and sediment control problem defined in the citation or stop work order is not adequately repaired within twenty-four hours of issuance, then a notice and order may be issued in accordance with K.C.C. chapter 23.24 to install adequate erosion and sediment control measures to stop silt-laden runoff from leaving the site. The notice and order may also require the property owner to discontinue any further clearing or grading, except for erosion and sediment control maintenance and repair, until the following April 30.
G. The following activities are exempt from the seasonal limitations of this section:
1. Routine maintenance and necessary repair of erosion and sediment control facilities;
2. Routine maintenance of public facilities or existing utility structures that do not expose the soil or result in removal of the vegetative cover to the soil;
3. Activities where there is one hundred percent infiltration of surface water runoff within the site in approved and installed erosion and sedimentation control facilities;
4. Typical landscaping activities of existing single family residences that do not require a permit;
5. Class I, II III and IV special forest practices in accordance with chapter 76.09 RCW;
6. Mineral extraction activities on sites with approved permits; and
7. Response to emergencies that threaten the public health, safety or welfare, consistent with K.C.C. 16.82.065. (Ord. 15053 § 9, 2004).
16.82.100 Grading standards. A person conducting a grading activity shall comply with the following standards:
A. Cuts and fills shall conform to the following provisions unless otherwise approved by the department:
1. A slope of cut and fill surfaces shall not be steeper than is safe for both the intended use and soil type and shall not exceed two horizontal to one vertical;
2. All disturbed areas including faces of cuts and fill slopes shall be prepared and maintained to control erosion in compliance with K.C.C. 16.82.095;
3. The ground surface shall be prepared to receive fill by removing unsuitable material such as concrete slabs, tree stumps, brush, car bodies and other materials as determined by the department;
4. Except in an approved sanitary landfill or as part of engineered fill, fill material shall meet the following standards:
a. Fill material shall consist of earthen material, organic material or recycled or reprocessed materials that are not categorized as dangerous waste under Title 173 WAC and that were produced originally from an earthen or organic material;
b. Fill material shall have a maximum dimension of less than twelve inches;
c. Recycled concrete shall be free of rebar and other materials that may pose a safety or health hazard;
d. Recycled asphalt shall not be used in areas subject to exposure to seasonal or continual perched ground water, in a critical aquifer recharge area or over a sole-source aquifer; and
e. Recycled materials that have not been reprocessed to meet the definition of common borrow shall be intermixed with well-graded, natural, earthen materials in sufficient quantities and of a suitable size to assure filling of all voids and to assure that the fill can be compacted to ninety percent of the maximum density;
5. Provisions shall be made to:
a. prevent any surface water or seepage from damaging the cut face of any excavation or the sloping face of a fill; and
b. address any surface water that is or might be concentrated as a result of a fill or excavation to a natural watercourse in accordance with K.C.C. chapter 9.04 and the Surface Water Design Manual;
6. Benches and any swales or ditches on benches shall be designed in accordance with the King County Surface Water Design Manual;
7. The tops and the toes of cut and fill slopes shall be set back from property boundaries and structures as far as necessary:
a. for the safety of the adjacent properties;
b. for adequacy of foundation support;
c. to prevent damage resulting from water runoff or erosion of the slopes; and
d. to preserve the permitted uses on the adjacent properties; and
8. All fill shall meet the following:
a. Fill greater than three feet in depth shall be engineered and compacted to accommodate the proposed use unless a notice on title documenting the location of the fill is recorded and the fill is sufficiently stable to not pose a hazard; and
b. Any fill in the floodplain shall, from the face of the fill to a horizontal distance of six feet back from the face, meet the compaction requirements for pond embankments in the Surface Water Design Manual, unless determined by the department that inundation is not a threat to fill integrity or that other requirements necessary for compliance with the King County Guidelines for Bank Stabilization (Surface Water Management 1993) are met.
B. Access roads to grading sites shall be:
1. Maintained and located to the satisfaction of the King County department of local services, road services division, to minimize problems of dust, mud and traffic circulation;
2. Located where the permanent access to the site is proposed in the permit application to minimize site disturbance; and
3. Controlled by a gate when required by the department.
C. Signs warning of hazardous conditions, if determined by the department to exist on a particular site, shall be affixed at locations as required by the department.
D. Where required by the department, to protect life, limb and property, fencing shall be installed with lockable gates that must be closed and locked when not working on the site. The fence shall be no less than six feet in height and the fence material shall have no opening larger than two inches.
E. Rocks, dirt, mud, vegetation and any other materials used or produced on-site in the course of permitted activities shall not be spilled onto or otherwise left on public roadways or any off-site property not specifically authorized as a receiving site under a valid permit.
F. The duff layer and native topsoil shall be retained in an undisturbed state to the maximum extent practicable. Any duff layer or topsoil removed during grading shall be stockpiled on-site in a designated, controlled area not adjacent to public resources and critical areas. The material shall be reapplied to other portions of the site where feasible.
G.1. Except as otherwise provided in subsection G.2. of this section, areas that have been cleared and graded shall have the soil moisture holding capacity restored to that of the original undisturbed soil native to the site to the maximum extent practicable. The soil in any area that has been compacted or that has had some or all of the duff layer or underlying topsoil removed shall be amended to mitigate for lost moisture-holding capacity. The amendment shall take place between May 1 and October 1. The topsoil layer shall be a minimum of eight inches thick, unless the applicant demonstrates that a different thickness will provide conditions equivalent to the soil moisture-holding capacity native to the site. The topsoil layer shall have an organic matter content of between five to ten percent dry weight and a pH suitable for the proposed landscape plants. When feasible, subsoils below the topsoil layer should be scarified at least four inches with some incorporation of the upper material to avoid stratified layers. Compost used to achieve the required soil organic matter content must meet the definition of "composted materials" in WAC 173-350-220.
2. This subsection does not apply to areas that:
a. Are subject to a state surface mine reclamation permit; or
b. At project completion are covered by an impervious surface, incorporated into a drainage facility or engineered as structural fill or slope. (Ord. 18791 § 134, 2018: Ord. 16267 § 5, 2008: Ord. 15053 § 10, 2004: Ord. 13190 § 4, 1998: Ord. 3108 § 8, 1977: Ord. 1488 § 11, 1973).
16.82.105 Clearing and grading activities — hours of operation — variations.
A. Hours of operation for clearing and grading activities are in K.C.C. 12.86.520.
B. Before approving any variation of the hours of operation for clearing and grading activities, the department shall:
1. Determine whether strict enforcement of this title creates an unnecessary hardship to the property owner;
2. Determine whether the variance is required because of:
a. unique circumstances caused by other regulatory or contractual requirements;
b. the type of project or special construction requirements; or
c. for public agency projects, the granting of the variance is in the overall best interests of the public;
3. Determine that the variance is the minimum necessary to grant relief to the applicant;
4. Determine whether the development proposal can comply with nighttime noise standards in accordance with K.C.C. 12.86.110, and K.C.C. 12.86.120;
5. Determine whether the development proposal will cause significant adverse noise effects to the community; and
6. Require mitigation for any identified impacts to avoid health and safety hazards and to ensure the variance is not materially detrimental to the public welfare. (Ord. 18000 § 102, 2015: Ord. 17420 § 69, 2012: Ord. 15053 § 11, 2004).
16.82.120 Shorelines.
A. Any fill placed upon land adjacent to or beneath any stream or water body shall be contained and placed so as to prevent adverse effect upon other lands.
B. For grading that requires a shoreline management substantial development permit, the conditions of the shoreline management substantial development permit shall be incorporated into the conditions of any permit issued pursuant to this chapter and shall be subject to the inspection and enforcement procedures authorized by this chapter. (Ord. 17539 § 7, 2013: Ord. 3108 § 10, 1977).
16.82.130 Violations - corrective work required.
A. If clearing or grading inconsistent with the purposes and requirements of this chapter in effect at the time of the action has occurred on a site the department shall not accept or grant any development permit or approval for the site, except any permit or approval necessary for the correction of code violations, until the applicant:
1. Completes restoration of the site or the appropriate corrective actions to bring the site into compliance; or
2. Obtains department approval of a permit for the appropriate restoration or corrective action and posts any required financial guarantee.
B. The department shall require appropriate restoration of the site under an approved restoration or corrective work plan that includes a time schedule for compliance. If restoration has not been completed within the time established by the department, the director may order restoration using funds from the department's contingency accounts and seek restitution from the property owner through liens or other available legal methods.
C. This section does not limit corrective action requirements or other remedies or penalties applicable to K.C.C. Title 23. (Ord. 15053 § 12, 2004: Ord. 14498 § 25, 2002: Ord. 9614 § 104, 1990: Ord. 2910 § 4 (part), 1976: Ord. 1488 (part), 1973).
16.82.140 Class II, III or IV-S forest practices—six-year moratorium - exceptions.
A. For six years after a Class II, III or IV-S forest practice, as defined in chapter 76.09 RCW, has commenced on a tax parcel, either with or without a permit under chapter 76.09 RCW, the department shall deny a development proposal on that tax parcel when the proposed activity is not related to ongoing forestry, agriculture or other resource management activities.
B. The department may only approve a development proposal not related to ongoing forestry, agriculture or other resource management activities on a tax parcel subject to subsection A. of this section if:
1. The forest practice is conducted as a Class II, III or IV-S forest practice pursuant to a Washington state Department of Natural Resources forest practice permit, and
a. the applicant demonstrates that the forest practice or clearing on the harvested portion of the tax parcel was consistent with the Conversion Option harvest Plan reviewed and approved by King County;
b. forest management activities conducted within aquatic areas, wetlands, steep slopes and wildlife habitat areas are limited to specific silvicultural prescriptions to improve forest health identified in a forest management plan approved by King County; or
c. the applicant demonstrates that the clearing on the harvested portion of the tax parcel was conducted consistently with a forest management plan for the parcel approved by King County and the forest management plan excluded the area proposed for development; or
2. The director determines that:
a. the applicant was the unknowing subject of criminal trespass, timber theft or fraud; and
b. the applicant has an approved mitigation plan to restore the areas cleared to comply with applicable King County regulations.
C.1. Except as otherwise provided in subsection C.2. of this section, the moratorium is applied to the entire tax parcel on which the forest practice has occurred.
2. A development moratorium is applied only to the area affected by the forest practice if the tax parcel:
a. is located in the forest production district and is enrolled in current use taxation under chapter 84.34 RCW; or
b. has an approved forest management plan. (Ord. 17539 § 8, 2013: Ord. 15974 § 1, 2007: Ord. 15053 § 13, 2004: Ord. 12878 § 1, 1997: Ord. 11618 § 6, 1994: 9614 § 102, 1990).
16.82.150 Clearing standards for individual lots in the rural zone.
A. Except as otherwise provided in this section, in the RA zone the following standards apply to clearing on individual lots:
1. For lots one and one-quarter acre or smaller:
a. clearing shall not exceed the greater of:
(1) the amount cleared before January 1, 2005, or cleared under a complete clearing permit application filed before October 25, 2004, in accordance with previous county regulations;
(2) fifty percent of the lot area; or
(3) seven thousand square feet.
b. any clearing required for the construction of access, utilities and septic systems shall not be counted towards the amount of clearing allowed under this subsection;
2. For lots greater than one and one-quarter acres and up to fives [five] acres in area, clearing shall not exceed the greater of:
a. the amount legally cleared before January 1, 2005, or cleared under a complete clearing permit application filed before October 25, 2004, in accordance with previous county regulations; or
b. fifty percent of lot area;
3. For lots greater than fives [five] acres, clearing shall not exceed the greater of:
a. the amount legally cleared before January 1, 2005, or cleared under a complete clearing permit application filed before October 25, 2004, in accordance with previous county regulations;
b. two and one-half acres, or
c. thirty-five percent of lot area; and
4. For lots greater than one and one-quarter acre in either the Bear Creek basin, the Issaquah Creek basin and the May Creek basin, clearing shall not exceed the greater of:
a. the amount legally cleared before January 1, 2005, or cleared under a complete clearing permit application filed before October 25, 2004, in accordance with previous county regulations; or
b. thirty-five percent of lot area;
B. The standards in subsection A. of this section shall not apply if more restrictive standards apply through:
1. The Critical Areas Code, K.C.C. chapter 21A.24, and its adopted public rules;
2. Property-specific development standards or special district overlays under K.C.C. chapter 21A.38; or
3. Critical drainage area designations identified by adopted public rule.
C.1. If there is an approved and current rural stewardship plan or farm management plan under K.C.C. chapter 21A.24, the maximum amount of clearing allowed under this section is established by the rural stewardship plan or the farm management plan;
2. Subsection A. of this section does not apply to a lot within a subdivision or short subdivision:
a. Approved with clearing restrictions in accordance with K.C.C. 16.82.152; or
b. In the Bear Creek, Issaquah Creek or May Creek basins that was approved with clearing restrictions in accordance with this section as it existed prior to January 1, 2005;
3. On a lot within a subdivision or short subdivision that is not covered by subsection C.2. of this section, any land located in an open space tract created as part of the subdivision or short subdivision shall be credited to the individual lots in the subdivision or short subdivision on a prorated basis according to the size of each lot in relation the entire area of the subdivision or short subdivision;
4. The area within landslide or steep slope hazard areas, wetlands, aquatic areas and the buffers for these critical areas may be counted towards meeting the requirements of subsection A. of this section;
5. Clearing in areas encumbered by a utility corridor, or easement for a public road or trail rights-of-way or an access easement shall not be counted toward the cleared area limit;
6. Clearing standards for mining uses shall be determined through the clearing and grading permit review process; and
7. Clearing that is the minimum necessary to provide for the relocation of equestrian community trails shall not be counted towards the cleared area limit.
D. The director may modify or wave subsection of this section for a development proposal that meets the following conditions:
1. The development proposal consists of one or more of the following uses:
a. government services listed in K.C.C. 21A.08.060;
b. educational services listed in K.C.C. 21A.08.050;
c. parks as listed in K.C.C. 21A.08.040 when located adjacent to an existing or proposed school;
d. libraries listed in K.C.C. 21A.08.040; and
e. road projects that are not part of a larger development proposal;
2. The development proposal site is not located in a designated regionally significant resource area, except for utility or road corridors for which the applicant demonstrate that there is no feasible alternative or that the development proposal is within an existing maintained corridor. If only a portion of the project is located within a designated regionally significant resource area, this subsection applies to that portion of the project located outside of the designated regionally significant resource area; and
3. To the maximum extent practical, the project locates structures in already cleared areas of the site and clears the minimum necessary to accommodate the proposed use which includes all the allowed ballfields, playfields, other facilities, and spaces proposed by the public agency to carry out its public function.
E. The standards of this section shall be established at the time of permit application. The area required to remain uncleared shall be designated on the site plan approved by the department.
F. Areas that are required to remain uncleared under this section shall be maintained by the property owner as a resource area. The uses permitted in the resource area shall not prevent the long-term purpose of the resource area to promote forest cover and shall include uses such as:
1. Except in areas regulated by a source described in subsection B.3. of this section, forest practices in accordance with a county-approved forest management plan;
2. Passive recreation uses and related facilities, including pedestrian, equestrian community and bicycle trails, nature viewing areas, fishing and camping areas, and other similar uses that do not require permanent structures, if:
a. clearing and soil compaction associated with these uses and facilities does not exceed eight percent of the area of the resource area; and
b. within wildlife habitat corridors, trail widths shall be the minimum allowed under adopted trail standards and no other recreation uses shall be permitted in an area of the corridor at least one hundred fifty feet in width;
3. Utilities and utility easements, including surface water facilities, if the facilities are within or adjacent to existing road or utility easements to the maximum extent practical;
4. Pruning or removing hazard trees or removing downed trees;
5. Reducing the danger from wildfire by following best management practices approved by the King County fire marshal;
a. removal of limbs within ten feet of the ground to prevent movement of fire from ground level to treetops; and
b. removal of dead trees or branches overhanging a residence; and
6. Removal of noxious or invasive vegetation.
G. Before approving a development permit application for a parcel that has been cleared in violation of the clearing standards in effect at the time of the clearing, the department shall require the applicant submit to the department and implement a restoration plan to restore trees, understory vegetation and soil to support and maintain the native vegetative cover on the percentage of the site that was to remain uncleared under this section. If the clearing is in violation of the six-year moratorium on permitting established in K.C.C. 16.82.140, the department may determine whether the restoration plan is sufficient to mitigate for the impacts resulting from the clearing violation. (Ord. 16267 § 7, 2008: Ord. 15053 § 14, 2004: Ord. 14199 § 224, 2001: Ord. 14259 § 5, 2001: Ord. 14091 § 2, 2001: Ord. 13190 § 5, 1998: Ord. 12822 § 4, 1997: Ord. 12380 § 7, 1996: Ord. 12016 § 3, 1995: Ord. 12015 § 3, 1995: Ord. 11886 § 3, 1995: Ord. 11618 § 7, 1994: Ord. 9614 § 103, 1990).
16.82.151 Relocation of undeveloped area in adjacent lots. A property owner who controls two or more adjacent lots subject to clearing limits under K.C.C. 16.82.150 may relocate the area that is required to remain undeveloped on each individual lot into a single location on one or more of the lots as follows:
A. The total area subject to clearing limits shall not be decreased;
B. Areas within critical areas and critical area buffers cannot be relocated;
C. The relocated area shall be situated in a manner that minimizes fragmentation of wildlife habitat and maximizes protection of critical areas and prevention of flooding, erosion, and groundwater impacts based on site characteristics, including topography and soils;
D. The relocated area is subject to the provisions of this chapter governing allowable activities within areas subject to clearing limits; and
E. The property owner shall record a notice on title that identifies the relocated area subject to the clearing limits. (Ord. 16267 § 6, 2008)
16.82.152 Clearing standards for subdivisions and short subdivisions in the rural residential zone.
A. Except as otherwise provided in this section, the following standards apply to clearing allowed in subdivisions and short subdivisions in the RA zone:
1. Clearing shall not exceed thirty-five percent of the area of the subdivision and short subdivision; and
2. The area remaining uncleared shall be:
a. shown on the face of the recorded plat map to delineate where the uncleared area is to remain on each lot; and
b. marked with at least one sign per buildable lot adjoining the area indicating that the area is a permanent resource management area.
B. The standards in subsection A. of this section shall not apply if more restrictive standards apply through:
1. Property-specific development standards pursuant to K.C.C. chapter 21A.38; or
2. Critical drainage area designations identified by adopted administrative rule.
C. If sixty-five percent or more of the site is set aside in a critical area tract as required under K.C.C. chapter 21A.24, this section does not apply.
D. Clearing to provide for the relocation of equestrian community trails shall not be counted towards the cleared area limit.
E. The department may allow an increase in the amount of clearing up to fifty percent of the site area of a subdivision or short subdivision if the area to remain uncleared:
1. Is placed in a separate resource tract that is:
a. separately identified from critical area tracts on the face of the recorded plat map; and
b. retained by the subdivider, conveyed to residents of the subdivision, or conveyed to a third party;
2. Is situated in a manner that minimizes fragmentation of wildlife habitat or that maximizes protection of critical areas and prevention of flooding, erosion, and groundwater impacts based on site characteristics, including topography and soils; and
3. Complies with either of the following:
a. A reforestation plan for the tract is approved and implemented, if the tract has been legally harvested, or
b. One or more of the following habitats is preserved that is not contained within another critical area or critical area buffer:
(1) cave;
(2) old-growth forest;
(3) mature forest;
(4) area that has an abundance of snags;
(5) talus slope;
(6) breeding habitat for a species that the county should protect under the King County Comprehensive Plan;
(7) foraging habitat for any species that the county shall protect or should protect under the King County Comprehensive Plan; or
(8) a vegetated corridor that connects critical areas, priority habitat areas, designated regionally or locally significant resource areas, and other areas of high wildlife value.
F. The approval of a subdivision or short subdivision application for a parcel that has been cleared in violation of the regulations in effect at the time of the clearing shall require the restoration of trees, understory vegetation and soil to support and maintain native vegetation cover on the percentage of the site that was to remain uncleared under this section. The applicant shall submit to the department a restoration plan. If the clearing is in violation of the six-year moratorium on permitting authorized in K.C.C. 16.82.140, the department may determine whether the restoration plan is sufficient to mitigate for the impacts resulting from the clearing violation.
G. The area required to remain uncleared under this section shall be maintained as a resource area as provided in K.C.C. 16.82.150.F. (Ord. 16267 § 8, 2008: Ord. 15053 § 15, 2004).
16.82.154 Clearing - modification of limits through farm management and rural stewardship plans. The clearing limits of K.C.C. 16.82.150 and 16.82.152 may be modified through a farm management plan or rural stewardship plan approved in accordance with K.C.C. 21A.24.051 and 21A.24.055. (Ord. 15053 § 16, 2004).
16.82.156 Significant trees. Within the urban growth area:
A. Except when replacement trees are used as provided in subsection E. of this section, significant trees, as defined in K.C.C. chapter 21A.06, shall be at a minimum retained as follows:
1. Exclusive of the area required for site access by vehicles, pedestrians, or utility infrastructure, significant trees shall be retained within required perimeter landscape areas at the following rates:
a. one hundred percent for the interior perimeters.
b. seventy-five percent for the street perimeter, though this standard may be reduced to fifty percent for retail commercial developments if:
(1) the combined landscaping and tree retention requirement is shown by the applicant to result in:
(a) the loss of the line-of-sight necessary for identification of the retail commercial development; and
(b) a vegetative buffer exceeding the screening characteristics of a Type III landscape screen; or
(2) The average width of the street perimeter landscape area is increased by fifty percent, only if, within the additional landscape area, significant trees are retained at the rate consistent with subsection A.2. of this section;
2. Significant trees located in the interior of the development proposal, including critical areas or their buffers, shall be retained in a residential subdivision in UR or R-1 zones at the rate of twenty trees per acre or ten percent of the trees, whichever is greater;
3. Significant trees located in the interior of the development proposal, excluding critical areas or their buffers, shall be retained in an apartment or townhouse development at the rate of ten trees per acre or five percent of the trees, whichever is greater;
4. Significant trees located in the interior of the development proposal, excluding critical areas or their buffers, shall be retained in commercial or industrial development or a residential subdivision in the R-4 through R-48 zones at a rate of ten trees per acre or five percent of the trees, whichever is greater;
5. Significant trees located in the interior of the development proposal, excluding critical areas or their buffers and areas designated for sport fields, playfields or other recreational facilities, shall be retained in institutional developments at a rate of ten trees per acre or five percent of the trees, whichever is greater;
6. Utility developments and mineral extraction operations are exempt from the significant tree retention requirements of this section; and
7. Project sites with twenty-five percent or greater of the total gross site area in critical areas, critical area buffers and other areas to be left undisturbed, such as wildlife corridors, shall be exempt from the significant tree retention requirements of this chapter;
B. The applicant shall submit tree retention plans as follows:
1. A significant tree inventory shall be submitted for review before or with submittal of development permit applications. The tree inventory may be conducted by any method that reflects general locations, numbers and grouping of significant trees on-site; and
2. A detailed tree retention plan shall be submitted for review before or with submittal of grading permit applications or other permit applications incorporating grading plans. This plan shall identify the exact location, size, species and condition of the significant trees proposed to be retained, transplanted or replaced to comply with this chapter;
C. The retention requirements shall be met as follows:
1. Except as provided in subsection C.2. of this section, the applicant shall determine that the final tree retention plan does not include significant trees unable to survive more than ten years after the date of project completion due to:
a. damage or disease;
b. safety hazards due to potential root, trunk or primary limb failure;
c. windfall; or
d. age in relation to the normal lifespan of the tree species;
2. At the discretion of the county, damaged or diseased or standing dead trees, not classified as a danger tree, may be counted toward the significant tree requirement if the applicant demonstrates that such trees will provide important wildlife habitat; and
3. A significant tree may be credited as two trees when it meets one or more of the following characteristics:
a. the tree is eighteen inches or greater in diameter;
b. the tree is located in a grouping of at least five trees with canopies that touch or overlap;
c. the tree provides energy savings through winter wind protection or summer shading as a result of its location relative to buildings;
d. the tree belongs to a unique or unusual species;
e. the tree is located within twenty-five feet of any critical area or required critical area buffers; or
f. the tree is listed on a historical register;
D. To provide the best protection for significant trees designated for retention, the development shall comply with the following:
1. Tree removal for a project action shall not be allowed before county approval;
2. Before clearing for a project action, trees to be retained shall be flagged;
3. Before grading for a project action and throughout construction, a temporary chain link or plastic net fence shall be used to identify the protected area of any significant tree designated for retention. The height of the fencing shall be adjusted according to the topographic and vegetative conditions of the site to provide clear visual delineation of the protected area. The size of protected area around the tree shall be equal to one foot diameter for each inch of tree trunk diameter measured four feet above the ground; and
4. At any time during and after construction, the following shall not be permitted within the area described in subsection D.3. of this section:
a. impervious surfaces, fill, excavation or storage of construction materials; or
b. grade level changes, except in limited circumstances where proposed improvements using permeable materials are determined by an arborist to be nondetrimental to the trees root system; and
5. Alternative or additional protection methods may be proposed and be used if determined by the director to provide equal or greater protection for trees designated for retention;
E. Plan modifications and tree replacement are permitted as follows:
1. Any significant tree in the interior may be replaced by another significant tree in the interior;
2. If the required number of significant trees cannot be retained, then nonsignificant-sized trees may be retained or new trees may be planted to meet significant tree requirements. A significant tree to be replaced by the new or existing replacement tree shall be assigned a diameter of twelve inches. In addition:
a. when using replacement trees measuring three inches in diameter or greater, as measured by caliper, one-half inch diameter of replacement tree shall be provided for every one inch diameter of significant tree to be replaced; and
b. when using replacement trees measuring less than three inches in diameter, as measured by caliper, one inch diameter of replacement tree shall be provided for every one inch diameter of significant tree to be replaced;
3. An approved tree retention plan shall be modified to reflect any changes made in accordance with subsection E.1 and 2. of this section; and
4. If the department determines that retaining or replacing significant trees on site is impractical or contrary to the overall objectives of the underlying zone classification, alternative off-site locations may be used in accordance with the following:
a. within the same subbasin in a location that also affords wildlife habitat protection or enhancement at a ratio of one-to-one;
b. within the same subbasin but without wildlife habitat protection or enhancement, at a ratio of one-and-one half-to-one;
c. within the same basin in a location that also affords wildlife habitat protection or enhancement at a ratio of two-to-one;
d. within the same basin but without wildlife habitat protection or enhancement, at a ratio of three-to-one;
e. within the same drainage in a location that also affords wildlife habitat protection or enhancement at a ratio of three-to-one; and
f. within the same drainage but without wildlife habitat protection or enhancement, at a ratio of four-to-one;
F. The following provisions apply to significant trees where applicable:
1. All significant trees shall be pruned and trimmed as necessary to maintain a healthy growing condition or to prevent primary limb failure. This requirement shall not be interpreted to allow:
a. topping of primary stems;
b. pruning that results in the loss of twenty percent of vegetative mass; and
c. cutting of major roots, except in preparation for transplantation or as deemed necessary or acceptable by a certified arborist; and
2. With the exception of dead, diseased or damaged trees specifically retained to provide wildlife habitat; other dead, diseased, damaged or stolen plantings shall be replaced within three months or during the next planting season if the loss does not occur in a planting season; and
G. The development standards in this section do not apply to institutional development proposals that consist of one or more of the following uses:
1. Government services listed in K.C.C. 21A.08.060;
2. Educational services listed in K.C.C. 21A.08.050;
3. Parks as listed in K.C.C. 21A.08.040 when located adjacent to an existing or proposed school; or
4. Libraries listed in K.C.C. 21A.08.040. (Ord. 15053 § 17, 2004).
16.82.158 Hazard and damage. A person conducting clearing or grading shall protect adjacent property, public resources including surface and groundwaters, set-aside areas, rights-of-way and drainage systems from hazards and damage resulting from activities allowed under this chapter. (Ord. 15053 § 18, 2004)
16.82.160 Agricultural production district standards. Utilities or other public facilities crossing a portion of an agricultural production district shall be required to demonstrate to the satisfaction of the department that:
A. Alternatives to crossing the agricultural production district are not feasible;
B. Timing of installation of facilities will minimize impacts to seasonal agricultural practices; and
C. Facilities are sized, constructed and placed in the agricultural product district to minimize disruption of agricultural activity and to take the least amount of area out of agricultural production. (Ord. 15053 § 19, 2004: Ord. 11618 § 8, 1994).
16.82.170 Financial guarantees authorized. The department is authorized to require all applicants issued permits or approvals under the provisions of the title to post financial guarantees consistent with the provisions of Ordinance 12020. (Ord. 12020 § 35, 1995).
16.82.175 Vesting period for lots in final short plats. Unless the department finds that a change in conditions creates a serious threat to the public health or safety in the short subdivision, for a period of five years after recording, a lot within a short subdivision shall be governed by the provisions of this chapter in effect at the time a fully completed application for short subdivision approval was filed in accordance with K.C.C. chapter 20.20. (Ord. 15053 § 21, 2004).