4910 27TH AVE W 2018-01-02 MF Import

Ned Johnston November 14, 1990 Page 2 The laws dealing with statutory construction provide that "A statute must be read in its entirety, not piecemeal." State v. Parker, 97 Wn.2d 737, 649 P.2d 637 (1982). Language of a statute must be read in context with the entire statute and construed in a manner consistent with the general purpose of the statute. Graham v. Bar Association, 86 Wn.2d 624, 548 P.2d 310 (1976). The purpose of Chapter 16.64 is to establish a review board for reviewing decisions of the Building Official and Fire Chief "for the purpose of determining the suitable alternate materials, alternate types and methods of construction and reasonable interpretations regarding the following codes: A. Uniform Building Code . The language in Section 16.64.030 must be read consistently with this purpose section. The "order or action" referenced in Section 16.64.030 must relate to "suitable alternate materials, alternate types and methods of construction and reasonable interpretations of the UBC." For one to say that "all" decisions and orders of the Building Official are appealable to the board disregards Section 16.64.010. This in contrary to the previously cited principles concerning statutory construction. In order to invoke the appeal provisions established in Chapter 16.64 EMC one must have standing. In order to have standing, one must be "aggrieved" by an order or action of the Building Official. In this case I do not think that your clients are aggrieved by the Building Official's determination as it relates to the issuance of the construction permit pursuant to the provisions of the UBC and therefore, do not have standing. The board is designed to deal with technical issues concerning the UBC and other uniform codes. Your clients' challenge to the issuance of the construction permit is based upon subdivision and environmental concerns rather than technical matters relating to the UBC. The board is not equipped to handle the subject matter of your appeal. In conclusion, it is my opinion that the board of review does not have the authority to entertain an appeal of the issuance of a construction permit. Very truly yours, ky" ES D. ILES Assistant City Attorney cc: Tim Tyler Larry Crawford Bob Landles Jeff Pratt (0045)