A. Section 105.2, Work exempt from permit, item 4, is amended to read as follows:

Retaining walls which are not over 4 feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, provided the wall is set back from any adjacent property lines or structures a distance at least equal to the height of the wall and the material retained by the wall slopes 1:2 (or less) up and away from the wall, unless supporting a surcharge or impounding Class I, II or II-A liquids.

B. 

Section 105.3.2 Time limitations on applications, an application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued. Building official may grant two extensions for period not to exceed 90 days each without administrative fees. Additional extension requests will be subject to administrative fees. The requests shall be requested in writing and justifiable cause demonstrated.

C. 

Section 105.5 Permit Expiration, every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Building Official may grant two extensions for period not to exceed 180 days each without administrative fees. Additional extensions requests will be subject to administrative fees. The extension requests shall be requested in writing and justifiable cause demonstrated.

D. Section 105.8, Ownership of permits, add a new section to read as follows:

The ownership of a City of Lakewood permit shall inure to the property owner. The permit applicant is an agent of the owner, if not the property owner. Where ownership of the property has changed, the new owner shall submit a request to the building department to change the owner’s name, or owner’s agent on the building permit application.

E. Section 107.3.4, Design professional in responsible charge, is amended by the addition of the following paragraphs (remainder unaffected):

Design professional is required for the preparation of plans for any building or structure containing five or more residential dwelling units, doing design work including preparing construction contract documents and administering the construction contract for construction, erection, enlargement to a building of any occupancy over 4,000 square feet in floor area.

Design professional shall provide design and construction documents for alteration, change of use, or repairs to, a project that is contained within a building of over 4,000 square feet in floor area and when the work contemplated affects life safety or structural systems. Life safety is affected if the work contemplated includes but is not limited to alteration of any fire rated construction; alteration of any means of egress including barrier free provisions defined by the building codes; alteration such that the number of occupants in the affected areas would be increased. The combined square footage of simultaneous projects shall not exceed 4,000 square feet.

F. Section 109.4, Work commencing before permit issuance, is amended to read as follows:

Any person who commences work on a building, structure, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a fee equal to the permit fee.

G. Section 109.6, Refunds, is amended to read as follows:

The building official may authorize a refund of: one hundred percent (100%) of any fee paid erroneously; up to eighty percent (80%) of the permit fee for a permit that is withdrawn, if no work has been done under the permit; and up to eighty percent (80%) of the plan review fee paid when an application is withdrawn prior to any plan review having been done. No refund shall be authorized except on written application filed by the original applicant not later than one hundred eighty days after the date of the fee payment.

H. Section 110.3.10.1, Special Inspection, add a new section to read as follows:

Building official may require a special inspection for a particular item or system that when necessary to show conformance with the codes.

Section 110.3.11, Final Inspection, is amended to read as follows:

The final inspection is to be made after all conditions of SEPA, Hearings Examiner, Design Review, Development Engineering, Stormwater, Tree Ordinance, West Pierce Fire and Rescue district, outside agencies are complied with, in addition to finish grading; and the building is completed and ready for occupancy.

I. 

Section 111.1 Change of occupancy.

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

J. Section 111.2, Certificate issued, is amended to read:

After the building inspector inspects the building or structure and finds that it is in compliance with the applicable codes and regulations, the building official shall cause to be issued a Certificate of Occupancy on a form developed by the City to display the information pertinent to identify the facility and code requirements. Certificate of occupancy shall be posted at obvious place on the premises. Certificate of Occupancy may not be removed at any time except by Building Official.

K. Section 113, Board of Appeals, is renamed “Appeals” and reads as follows:

113.1 Authority and Limitations

The hearing examiner system established by LMC 1.36 shall be authorized to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code. Any reference, in the adopted codes, to a board of appeals shall be read as ‘hearings examiner.’

113.2 Limitations on Authority

An application for appeal shall be based on a claim that the true intent of this code has not been correctly interpreted, or the provisions do not fully apply, or an equally good or better form of construction is proposed. The hearings examiner shall have no authority to waive requirements of this code. The examiner is not authorized to interpret or decide on administrative provisions contained in chapter 1.

113.3 Further Appeal to Superior Court

The decision by the Hearing Examiner under this Title shall be final and conclusive unless within twenty-one (21) days from the date of the decision, a party makes application to a court of competent jurisdiction for a writ of certiorari, a writ of petition or a writ of mandamus, or other applicable relief.

L. Section 114.4, Violation penalties, is amended to read as follows:

Any violation of a provision of the Lakewood Building Code is a misdemeanor, punishable by imprisonment for a term of up to ninety (90) days, by a fine of up to one thousand dollars ($1,000); or by both.

M. 

Section 115.1, where the building official finds any work regulated by this code being performed in a manner either contrary to the provisions of this code or dangerous or unsafe, the building official is authorized to issue a stop work order. Building owner may appeal the stop work order in accordance with section 113.

Section 115.3, Unlawful continuance, any person who shall continue any work after having been served a stop work order, except such work as that person is directed to perform to remove a violation or unsafe conditions, shall be subject to penalties as prescribed in section 114.4.

N. Section 202, Definitions. Add definitions of “Design Professional” and “major improvement” that read:

Design Professional. A Washington State Licensed Architect governed by the Washington State Board of Registration for Architects, or a Washington State Licensed Engineer governed by the Washington State Board of Registration for Professional Engineers and Land Surveyors.

Major improvement. Means all improvements to a structure (excluding normal maintenance and repair and life/safety improvements) which within a 72-month period exceeds a cumulative value of 50 percent of the current county assessed value of the structure. The value of improvements shall be as determined by the building official.

O. Section 901.7, Fire areas, is revised to read as follows:

Where buildings, or portions thereof, are subject to the fire protection provisions of this chapter the use of fire walls, fire barriers or other means to divide fire area in order to not exceed the limits established for requiring a fire protection system in accordance with this chapter are prohibited.

P. Section 903.2, Where required, is amended to read as follows:

Approved automatic sprinkler systems shall be provided in all newly constructed buildings where the gross area including basements exceeds 5,000 square feet in fire area.

Approved automatic sprinkler systems shall be provided in existing buildings undergoing a Major Improvement, where the area exceeds 5,000 square feet in fire area.

Additionally, automatic sprinkler systems shall also be provided in any of the other situations described in 903.2., as required under WAC 51-50 and/or as follows:

Exceptions:

1. F-2 and S-2 occupancies of type IA, IB, IIA, IIB, IIIA or IIIB less than 12,000 square feet in area, unless required by other provisions of the code.

2. B occupancies located on a floor other than level of exit discharge that serves other occupancies are not allowed the use of the 5,000 square foot threshold.

Q. Section 903.2.7, Group M or S-1. Section 903.2.7, item 4, is revised to read:

4. A Group M occupancy which exceeds 2,500 square feet used for the display and/or storage of upholstered furniture.

R. Section 903.2.13. A new Section 903.2.13 is added and reads as follows:

Spray booths and rooms. New and existing spray booths and spray rooms shall be protected by an approved automatic fire-extinguishing system.

S. Section 903.3.1.1.1, Exempt Locations. Section 903.3.1.1.1 is amended by deletion of items 4, 5 and 6.

T. Section 912.2, Location. Section 912.2 is amended to read as follows:

With respect to hydrants, driveways, buildings and landscaping, fire department connections shall be so located that fire apparatus and hoses connected to supply the system will not obstruct access to the building(s) for other fire apparatus. Fire department connections shall not be located closer than 50 feet from the structure or 1 1/2 times the building height, whichever is greater. The location shall be approved by the fire code official.