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A. Technical Codes Other Than the Electrical Code – Required. Any person who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this chapter and the technical codes, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.

B. Technical Codes Other Than the Electrical Code – Work Exempt from Permit. Certain work is exempt from the permit requirements of this chapter and the technical codes. Exemptions from permit requirements of this chapter and the technical codes shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter, the technical codes or any other laws or ordinances of the city of Bellevue. An exemption from the permit requirements of one technical code does not exempt work from the permit requirements of other technical codes or other laws or ordinances of the city. Permits shall not be required for the following:

1. Emergency Repairs. Where equipment replacements and equipment repairs must be performed in an emergency situation posing a significant and immediate risk to life and safety, or a significant and immediate risk of loss to property, the permit application shall be submitted within the next working business day to the building official.

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

3. The following work otherwise governed by Chapter 23.10 BCC:

a. One-story detached structures accessory to one-family or two-family residential (houses and duplexes), used as tool and storage sheds, tree-supported play structures, playhouses and similar uses, provided the floor area does not exceed 200 square feet (11.15 m2).

b. Light-frame construction fences not over eight feet (2,438 mm) high.

c. Oil derricks.

d. Retaining walls which are not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids.

e. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18,925 L) and the ratio of height to diameter or width does not exceed two to one.

f. Sidewalks, decks and driveways not more than 30 inches (762 mm) above grade (or grade plane, as applicable) and not over any basement or story below and which are not part of an accessible route or means of egress.

g. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

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

i. Prefabricated swimming pools accessory to structures regulated by the IRC or accessory to Group R-3 and Group U occupancies regulated by the IBC, which are less than 24 inches (610 mm) deep, do not exceed 5,000 gallons (18, 925 L) and are installed entirely above ground.

j. Shade cloth structures constructed for nursery or agricultural purposes and not including service systems.

k. Swings, slides and other similar playground equipment.

l. Window awnings supported by an exterior wall which do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support of structures regulated by the IRC or of Group R-3 and Group U occupancies regulated by the IBC.

m. Nonfixed and movable fixtures, cases, racks, counters and partitions not over five feet, nine inches (1,753 mm) in height.

n. Work primarily within public right-of-way.

o. Towers and poles owned by public utilities, including associated public and private equipment attached to such towers and poles. Note: Communication towers owned by private companies, and any equipment associated with such towers, are not exempt.

p. Replacement of nonstructural siding on IRC structures except for stucco, and brick or stone veneer greater than four feet above grade plane.

q. In-kind (same size) window replacement for structures where no alteration of structural members is required.

r. Single-story construction job shacks that are placed on a permitted job site during construction. Job shacks shall be removed upon final approval of construction, or may be required to be removed if the permit expires or is suspended or cancelled. A construction job shack is a portable structure for which the primary purpose is to house equipment and supplies, and which may serve as a temporary office during construction for the purposes of the construction activity.

s. Replacement of residential and commercial roofing.

t. Installation of photovoltaic (PV) modules (not including structural modifications) meeting all of the following criteria:

i. PV system is designed and proposed for a detached single-family house.

ii. PV system is designed for the rooftop of a house in compliance with applicable codes.

iii. The mounting system is engineered and designed for PV.

iv. The rooftop is made from lightweight material such as shingles.

v. PV system has an approved and issued electrical permit.

vi. To address uplift, modules are mounted no higher than 18 inches above the surface of the roofing to which they are affixed, and except for flat roofs, no portion of the system may exceed the highest point of the roof.

vii. Total dead load of modules, supports, mountings, raceways and all other appurtenances weigh no more than four pounds per square foot.

viii. Supports for solar modules are installed to spread the dead load across as many roof-framing members as needed to ensure that at no point are loads caused in excess of 50 pounds.

ix. Attachment to the roof is specified by the mounting system manufacturer.

x. A method and type of weatherproofing roof penetrations is provided.

xi. The house is code compliant with setbacks and height, or the code allows expansion of nonconformity for solar modules.

xii. The PV modules are mounted no higher than the roof ridge or apex of roof (applies only to sloped roofs).

xiii. The PV installation meets the International Residential Code Section R324.

u. Flag and light poles located on private property less than or equal to 20 feet in height above adjacent grade, but not exempting permit requirement for any electrical work.

4. The following work otherwise governed by Chapter 23.50 BCC:

a. Portable heating or cooking appliances.

b. Portable ventilation equipment.

c. Portable cooling unit.

d. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this chapter and the technical codes.

e. The replacement of any minor part that does not alter the approval of equipment or an appliance or make such equipment or appliance unsafe.

f. Portable evaporative cooler.

g. 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.

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

5. The following work otherwise governed by Chapter 23.60 BCC:

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

b. The clearing of stoppages.

c. Reinstallation or replacement of fixtures and/or valves that have accessible connections to rough-in plumbing, except that replacement of a water heater in any building or use, and reinstallation or replacement of any fixture or valve within a commercial kitchen, does require a plumbing permit.

C. The Electrical Code – Required. In accordance with Chapter 19.28 RCW, an electrical permit is required for the following installations:

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

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

a. NEC, Class 1 power limited circuits at 30 volts maximum.

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

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

3. Telecommunications Systems.

a. All installations of telecommunications systems on the customer side of the network demarcation point for projects greater than 10 telecommunications outlets.

b. All backbone installations regardless of size and all telecommunications cable or equipment installations involving penetrations of fire barriers or passing through hazardous locations require permits and inspections.

c. The installation of greater than 10 outlets and the associated cables along any horizontal pathway from a telecommunications closet to work areas during any continuous 90-day period requires a permit and inspection.

d. In R1 and R2 occupancies as defined in the building code, permits and inspections are required for all backbone installations, all penetrations of fire resistive walls, ceilings and floors; and installations of greater than 10 outlets in common areas.

e. Definitions of telecommunications technical terms will come from Chapter 19.28 RCW, the currently adopted WAC rules, EIA/TIA standards, and the National Electrical Code.

D. The Electrical Code – Work Exempt from Permit. Certain work is exempt from the permit requirements of this chapter and the electrical code. Exemptions from permit requirements of this chapter and the electrical code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter, the technical codes or any other laws or ordinances of the city. An exemption from the permit requirements of one technical code does not exempt work from the permit requirements of other technical codes or other laws or ordinances of the city. Permits shall not be required for the following:

1. Emergency Repairs. Where equipment replacements and equipment repairs must be performed in an emergency situation posing a significant and immediate risk to life and safety, or a significant and immediate risk of loss to property, the permit application shall be submitted within the next working business day to the building official.

2. An electrical permit shall not be required for the following:

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

b. Repair or replacement of fixed motors, transformers or fixed approved appliances or devices rated 50 amperes or less which are like-in-kind in the same location.

c. Temporary decorative lighting, when used for a period not to exceed 45 days and removed at the conclusion of the 45-day period.

d. Repair or replacement of current-carrying parts of any switch, conductor or control device which are like-in-kind in the same location.

e. Repair or replacement of attachment plug(s) and associated receptacle(s) rated 50 amperes or less which are like-in-kind in the same location.

f. Repair or replacement of any over current device which is like-in-kind in the same location.

g. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems.

h. Removal of electrical wiring.

i. Telecommunications Systems.

i. Telecommunications outlet installations within the individual dwelling units of group R1 and R2 occupancies as defined by the building code;

ii. All telecommunications installations within R3 and R4 occupancies as defined in the building code;

iii. The installation or replacement of cord and plug connected telecommunications equipment or for patch cord and jumper cross-connected equipment.

j. Low voltage installation wiring that is not part of a fire/smoke alarm system, where installed within a structure regulated by the International Residential Code, provided the power is supplied by a listed Class 2 power supply.

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

l. Induction detection loops described in WAC 296-46B-300(2) and used to control gate access devices.

m. Heat cable repair.

n. Travel trailers.

o. Unless specifically noted, the exemptions listed do not include: the replacement of an equipment unit, assembly, or enclosure that contains an exempted component or combination of components (i.e., electrical furnace/heat pumps, industrial milling machine, etc.).

E. Application for Permit – General. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the department for that purpose. Such application shall:

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

2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work.

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

4. Be accompanied by construction documents and other information as required by the submittal requirements established by the city.

5. State the valuation of the proposed work.

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

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

F. Application for Permits Governed by Chapter 23.10 BCC – Other Filings Required.

1. At the time of filing a building permit application, the applicant shall submit all information required to be submitted, together with any application form and application fee therefor, for any of the following approvals which may be applicable to the proposed project:

a. Design review, Land Use Code, Part 20.30F;

b. Administrative conditional use permit, Land Use Code, Part 20.30E;

c. Conditional use permit, shorelines conditional use permit, planned unit development, Land Use Code, Parts 20.30B, 20.30C and 20.30D;

d. Variance or shorelines variance, Land Use Code, Parts 20.30G, 20.30H and shorelines substantial development permit, Land Use Code, Part 20.25E;

e. Clearing and grading permit, Chapter 23.76 BCC.

2. No building permit application will be accepted for filing by the building official for any proposed project for which any of the approvals referred to in subsection (F)(1) of this section are required unless the building permit application is accompanied by all information required to be filed for such required approvals.

3. The filing of a complete building permit application for a proposed project, which is in compliance with applicable state law and the codes, ordinances and regulations of the city in effect at the time of such filing, shall establish a vested right, if a building permit is issued, to proceed with construction of the proposed project in accordance with such then-existing codes, ordinances and regulations; provided, however, such proposed project may nonetheless be conditioned or denied by the city under the State Environmental Policy Act. For the purpose of this subsection, a “complete building permit application” means an application which contains all information required to be submitted by any applicable provisions of this chapter and the technical codes, including, but not limited to, all information required to be submitted by subsection (F)(1) of this section. A shoring permit, to protect the public right-of-way or adjacent private property, shall not establish vesting of the proposed project.

a. When approved by the building official, a phasing plan may be submitted for review, and if approved, the phasing plan shall thereby establish a schedule for vesting of the proposed project subject to submittal of the first complete building permit application identified in the phasing plan, excluding a shoring permit. The phasing plan is subject to the following limitations. After the first building permit application, each subsequent permit identified in the phasing plan shall be submitted with a complete building permit application within 12 months of the submittal of the prior permit, and the last permit application for the proposed project shall be submitted with a complete building permit application within 36 months of the first permit application which established vesting for the proposed project. The first permit application must be issued and must not expire per subsection H of this section to maintain project vesting, and the issued permit must not expire due to not starting work within one year or suspending work for more than 180 days per BCC 23.05.100(E). The vested status for the project is retained beyond the three-year maximum life of the first permit if all inspections required for the work under that permit have been completed and approved. The vested status will not apply to any permit application submitted more than 36 months after the first permit application which established vesting.

b. Building permit applications for a building or portion of a building that has not been previously occupied or used for its intended purpose, in accordance with the laws in existence at the time of its completion, shall be permitted to comply with the provisions of the laws in existence at the time of the original building permit application unless such permit has expired, received a temporary certificate of occupancy or received a certificate of occupancy. Subsequent permits shall comply with the technical codes, as applicable, for new construction.

4. No application for design review, administrative conditional use permit, planning commission design review, planned unit development, conditional use permit, variance, shorelines variance, shorelines substantial development permit or a clearing and grading permit shall be accepted by the city for filing unless it is accompanied by a complete building permit application.

G. Applications for Permits Governed by Chapter 23.10 BCC – Optional Method of Obtaining Prior Approvals – Vested Rights.

1. Notwithstanding the provisions of subsection F of this section, an applicant may apply for a design review approval, an administrative conditional use permit, planned unit development approval, a conditional use permit, a shorelines conditional use permit, a variance, a shorelines variance, a shorelines substantial development permit or a clearing and grading permit prior to filing an application for a building permit, upon the following terms and conditions:

a. The filing of an application for any of the approvals referred to in this chapter, prior to the filing of a valid and complete application for a building permit, shall not establish or create a vested right to proceed with construction of any proposed project in accordance with the codes, ordinances or regulations existing at the time of the filing of such application or at any time thereafter prior to the filing of a valid and complete building permit application.

b. An applicant who elects to take advantage of the provisions of this section shall be deemed to have specifically acknowledged, by submitting the application for the approvals referred to in this subsection (G)(1), that the acceptance and processing of such application shall in no way establish or create a vested right to proceed with construction of any proposed project in accordance with the codes, ordinances or regulations existing at the time of filing of such application, or at any time thereafter prior to the filing of a valid and complete building permit application, except as provided in LUC 20.40.500.

2. An applicant who elects to take advantage of the provisions of this section may at any time elect to file a complete building permit application, notwithstanding that the approval applied for under this section has not previously been obtained.

H. Time Limitation of Application.1

1. Applications for which no permit is issued within one year following the date of application shall expire by limitation and plans and other data submitted for review may thereafter be returned to the applicant or destroyed in accordance with state law by the building official. The building official may, prior to expiration, extend the time for action by the applicant for a period not exceeding 180 days.

2. Applications may be canceled for inactivity if an applicant fails to respond to the department’s written request for revisions, corrections, actions or additional information within 90 days of the date of request. The building official may extend the response period beyond 90 days if, within the original 90-day time period, the applicant provides and subsequently adheres to an approved schedule with specific target dates for submitting the full revisions, corrections or other information needed by the department.

3. In addition to the extension allowed in subsection (H)(1) of this section, the building official may extend the life of an application if any of the following conditions exist:

a. Compliance with the State Environmental Policy Act is in progress; or

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

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

In no event may the building official extend the application for a period of more than 180 days following the conclusion of the applicable condition described in this subsection (H)(3). (Ord. 6531 § 3, 2020; Ord. 6407 §§ 1, 2, 2018; Ord. 6291 §§ 2, 3, 2016; Ord. 6113 § 2, 2013; Ord. 5951 § 1, 2010; Ord. 5937 § 4, 2010; Ord. 5572 § 2, 2004; Ord. 5528 § 2, 2004.)