A. The following shall be exempted from the payment of fire protection impact fees:
1. Replacement of a structure with a new structure of the same size and use at the same site or lot when such replacement occurs within 12 months of the demolition or destruction of the prior structure.
2. Alterations or expansion or enlargement or remodeling or rehabilitation or conversion of an existing dwelling unit where no additional units are created and the use is not changed.
3. Alterations of an existing nonresidential structure that does not expand the useable space and that does not involve a change in use.
4. Miscellaneous improvements, including but not limited to fences, walls, swimming pools, and signs.
5. Demolition or moving of a structure.
6. Any building permit application that has been submitted to the department before 5:00 p.m. the business day before the first effective date of the fire protection impact fee rate schedule and subsequently determined to be a complete application by the city.
7. All development activity within the “downtown plan area” as defined in ACC 19.06.020(I); provided, that this exemption shall sunset on December 31, 2006, unless otherwise extended by the city council. In order to comply with RCW 8.02.060(2), impact fees for development activity in the downtown plan area shall be paid for with public funds other than from impact fee accounts during the exemption period set forth herein.
B. The director shall be authorized to determine whether a particular development activity falls within an exemption identified in this section. Determinations of the director shall be subject to the appeals procedures set forth in ACC 19.06.080.