23.05.050 Existing structures.
A. Compliance with Technical Codes. Buildings, structures and their building service equipment to which additions, alterations or repairs are made shall comply with all the requirements of the technical codes for new facilities, except as specifically provided in this section.
B. Additions, Alterations or Repairs to Previously Occupied Buildings.
1. Additions, alterations or repairs may be made to a previously occupied building, structure, or its building service equipment without requiring the existing building, structure, or its building service equipment to comply with all the requirements of the technical codes, provided the addition, alteration or repair conforms to the requirements of the technical codes for an existing building, structure, or its building service equipment. Additions, alterations or repairs shall not be made to an existing building, structure, or building service equipment which will cause the existing building, structure, or building service equipment to be in violation of the provisions of the technical codes, nor shall such additions, alterations or repairs cause the existing building, structure, or building service equipment to become unsafe.
2. Building service equipment which was lawful under the technical codes current at the time such equipment was installed may be used, maintained or repaired if the use, maintenance or repair is in accordance with the original design and a hazard to life, health or property has not been created by such building service equipment.
C. Existing Occupancy. The legal occupancy of any structure existing on the date of adoption of this chapter and the technical codes shall be permitted to continue without change, except as is specifically covered in this chapter and the technical codes, the International Fire Code, or if continued use poses a danger to life, health and safety of the occupants and the public, as is determined by the building official or fire official.
D. Change in Use. No change will be made in the character of occupancies or use of any building that would place the building in a different division of the same group or occupancy or in a different group of occupancies, unless such building is made to comply with the requirements of this chapter and the technical codes for such division or group of occupancy.
Exception: The character of the occupancy of existing buildings may be changed subject to the approval of the building official, and the building may be occupied for purposes in other groups without conforming to all the requirements of this chapter and the technical codes for those groups, provided the new or proposed use is less hazardous, based on life and fire risk, than the existing use.
No change in the character of occupancy of a building shall be made without a certificate of occupancy, as required in BCC 23.05.140. The building official may issue a certificate of occupancy pursuant to the intent of the above exception without certifying that the building complies with all provisions of this code.
E. Moved Buildings or Structures.
1. Buildings or structures intended to be relocated within or into the city must be inspected by the code official for compliance with the codes and standards adopted in this chapter prior to being relocated or moved. The owner of the building or structure must obtain a building permit and further must agree to correct all deficiencies identified by the inspection prior to moving the building. All deficiencies must be corrected before electric power is connected to the building.
2. Nonresidential buildings or structures moved into the jurisdiction must be inspected to ensure compliance with current requirements of this code.
3. Residential buildings or structures wired in the U.S., to NEC requirements, and moved into the jurisdiction must be inspected to ensure compliance with the NEC requirements in effect at the time and place the original wiring was made. The building or structure must be inspected to ensure compliance with all current requirements of Chapter 19.28 RCW and the rules developed by the department if:
a. The original occupancy classification of the building or structure is changed as a result of the move; or
b. The building or structure has been substantially remodeled or rehabilitated as a result of the move.
4. Residential buildings or structures wired in Canada to Canadian Electrical Code (CEC) standards and moved into the jurisdiction must be inspected to ensure compliance with the following minimum safety requirements:
a. Service, service grounding, and service bonding must comply with this code.
b. Canadian Standards Association (CSA) listed Type NMD cable is allowed with the following qualifications:
i. CSA listed Type NMD cable, American wire gauge No. 10 and smaller installed after 1964 utilizing an equipment grounding conductor smaller than the phase conductors, must be:
(a) Replaced with a cable utilizing a full-size equipment grounding conductor; or
(b) Protected by a ground fault circuit interrupter protection device.
ii. CSA listed Type NMD cable, No. 8 AWG and larger, must:
(a) Utilize an equipment grounding conductor sized according to the requirements of the NEC in effect at the time of the installation;
(b) Be protected by a ground fault circuit interrupter protection device; or
(c) Be replaced.
c. Other types of wiring and cable must be:
i. Replaced with wiring listed or field evaluated in accordance with U.S. standards by a laboratory approved by the department; or
ii. Protected by a ground fault circuit interrupter protection device and arc fault circuit protection device.
d. Equipment, other than wiring or panelboards, manufactured and installed prior to 1997 must be listed and identified by laboratory labels approved by the department or CSA labels.
e. All panelboards must be listed and identified by testing laboratory labels approved by the department with the following qualifications:
i. CSA listed panelboards labeled “Suitable for Use as Service Equipment” will be considered to be approved as suitable for use only as service equipment.
ii. CSA listed panelboards must be limited to a maximum of 42 circuits.
iii. CSA listed panelboards used as lighting and appliance panelboards, as described in the NEC, must meet all current requirements of the NEC and this chapter.
f. Any wiring or panelboards replaced or changed as a result of the move must meet current requirements of Chapter 19.28 RCW and this chapter.
g. The location, type, and ground fault circuit interrupter protection of receptacles and equipment in a bathroom, kitchen, basement, garage, or outdoor area must meet the Washington requirements in effect at the time the wiring was installed.
h. Four 15-ampere kitchen small appliance circuits will be accepted in lieu of two 20-ampere kitchen small appliance circuits. Receptacles will not be required to be added on kitchen peninsular or island counters.
i. Spacing requirements for all other receptacles must meet the Washington requirements in effect at the time the wiring was installed.
j. Receptacles installed above baseboard or fixed wall space heaters must be removed and the outlet box covered with a blank cover. The receptacle is required to be relocated as closely as possible to the existing location.
k. Lighting outlet and switch locations must meet the Washington requirements in effect at the time the wiring was installed.
l. Dedicated 20-ampere small appliance circuits are not required in dining rooms.
m. Electric water heater branch circuits must be adequate for the load.
n. The location, type, and circuit protection of feeders must meet the Washington State requirements in effect at the time the wiring was installed. (Ord. 6531 § 2, 2020; Ord. 5937 § 3, 2010; Ord. 5528 § 2, 2004.)