2.44.060 Interpretation of codes.
A. Applicability. The procedure and criteria that the city will use in deciding upon a written request to interpret the provisions of any code relating to permits listed in LMC 2.44.040 are set forth in this section.
B. Purpose of Interpretation. An interpretation of the provisions of the code relating to permits listed in LMC 2.44.040 clarifies conflicting or ambiguous wording, or the scope or intent of the provisions of the code. An interpretation of the provisions of the code may not be used to amend that code.
C. Director to Make Interpretation. The director of public works shall make interpretations related to engineering codes, standards and best practices, and the director of DBS shall make interpretations related to processes of plan review, approvals and inspections.
D. Who May Request. Any person may request a written interpretation of the provisions of the code. In addition the director of public works or the director of DBS may issue an interpretation on the director’s own initiative.
E. Applicable Procedure. The director of public works or the director of DBS shall interpret the provisions of the applicable codes in conformance with this section.
F. Submittal Requirements. Any person requesting an interpretation of the code shall submit a written request specifying each provision of the code for which an interpretation is requested, why an interpretation of each provision is necessary and any reasons or material in support of a proposed interpretation.
G. Factors for Consideration. In making an interpretation of the provisions of the code, the public works director or the DBS director shall consider:
1. The applicable provisions of the code including their purpose and context; and
2. The implications of the interpretation for development within the city as a whole; and
3. The impact of the interpretation on other provisions of the code; and
4. The intent of the city council as reflected by the council minutes, findings, and conclusions, and other documents found within the public works or DBS department file on the provisions in questions, if any; and
5. The comprehensive plan and other relevant codes and policies; and
6. The opinion of the city attorney on the interpretation.
H. Limitation on Authority. The director of public works or the director of DBS may not make an interpretation of any provision of the code which modifies or conflicts with any other provision of the code, unless the purpose of the interpretation is to resolve a conflict between provisions of the code.
I. Enforcement. An interpretation of the code issued in accordance with these provisions may be enforced in the same manner that any provision of the code is enforced. The public works director and the DBS director shall maintain and make available for public inspection all written interpretations of the code with a current index of such interpretations.
J. Time Limitation. An interpretation of the code remains in effect until rescinded in writing by the public works director or DBS director.
K. Response to Written Request. The public works director or the DBS director shall mail a written response to any person filing a written request to interpret the provisions of the code within 25 days of having received that request.
L. Appeal of Interpretation by Director. When an interpretation is made in response to a written request pursuant to these provisions, the person filing the written request may appeal the decision of the director using Process II, LMC 1.35.200 et seq. The fee for such an appeal shall be shown in Chapter 3.104 LMC and must be paid by the appellant at the time of filing the appeal. (Ord. 3381 § 5, 2020; Ord. 2957 § 30, 2012; Ord. 2699 § 9, 2007; Ord. 2072 § 3, 1996)