HomeMy WebLinkAbout110512_ra02Keguiar ,vgenaa
JEFFERSOI\ COL?'\T~'
BOARD OF COU'~Tl' COl\iIVIISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley. County Administrator /~
ER0~7: Carl Smith, Comrnunity Development Director v~1
DATE: Novemher :i. 2Q 12
SUBJECT: Proposed amendments to JCC Chapter I x.05: Building Codes
ATT9CIIMEN'I': Prttpnsrtl amendments to .IC:C' C:haph~r I S.QS shown in h~p,islativc fm•mat
Proposed ordinance to amend JCC Chapter 15A>: Building Codes
Public hearing notice
S'fA`fE~tENT OF ISSUE:
Jefferson County's adopted building codes at JCC' 15.05 are inconsistent with [he codes adopred by the
State of Washington and used by the building industry. It is recommended that the County amend its
building codes to be consistent with state law and accepted industry standards.
Additionally, JCC' I S.OS.does not provide for time limi[s on building permits or applications. This
situation has led to an accumulation of older permits and applications that are in an unresoh•ed status. [t
is recommended that provisions addressing time limit; for permits and applications be added to JCC
15.05.
ANALYSIS:
Building Cpdgs
Chapter I ~.OS of the Jefferson County Unified Development Codc (UDC) adopts the t997 edition of the
Unifa•m Building Code (LBC).
The State of Washington, acting through the State Building Council, has officially adopted the 2009
version of the International Building Code (IBC) in the 14'ashington State Administrative Code (\4'AC)
Chapter ~ 1-50. under authority of Chapter 19.2' of the Rcyisal Codc of \Vashington (RCR'). WAC' S1-
~0-00£ stares: "The International Building Code adopted under chapter ~ I-50 14'AC shall become
effective in all counties and cities of"this state on July 1, 2010.° 'fhe State adopted codes include certain
e~ccptions or exemptions. focal jurisdictirnrs can also omit certain sections of the IBC, at their
discretion. Adoption of the 2009 IBC would have the following benefits for Jefferson County:
• The County will he consistent with State of \4'ashinetrnt law on huildine codes.
• 'the Coun[y will he consistent with building industry, which accepts the State-approved codes.
• DCD stafTwill be able [o administer [hc code more cfticicntl~, avoithu~, confLsion with building
permit applicants over what codes apph and rile neea ro maintain the ;~Ider UBC codes.
rtegwar Hgenaa
Time limits on building apRlications and permits
JCC I ~.0~ does not establish any time limits for building perni[s or applications. 'fhe 2009 IBC does set
limits; however they are indefinite. This lack of clear regulatory guidance has Icd to an accmnulation of
over 300 building permits and applications at DCD that have not been resoh~ed over a span of several
decades. These arc cases where the permit application or permit has not been officially approved,
extended or expired, and the buildim_ involved may not have received required permits or inspections to
meet code requirements fix qualik• and safety. Some of these buildings are believed to be incomplete or
completed and occupied without code compliance.
To address this situation, staff rccomrnends adding time limits lu the JCC Chapter I ~.0~. Key provisions
proposed would be a otto-year maxinunn time limit for buildin, permit applications that need additional
information, and afive-year maximum time limit on building permits after which they would Ix expired.
Renewals up to the live year limit would be authorized upon payment of an annual renewal fee: cm~rently
set aC $222. A hardship condition of the applicant could allow additional time periods.
if these amendments arc adopted by the Board of County Commissioners, staff intends to offer an
"amnesty" program, wherehy all of the older perntit or application holders would be offered a one year
renewal to complete their application or obtain a valid permit and complete their building inspections,
upon payment of a one-year renewal fee of 5222.
The benefits of having maximum time limits tier applica[iats and building permits include the following:
• bstablishes consistent rules for equal h'eannent of all applicants, and ntnre efficient processing
• Provides opportunity for expired application and permit holders to obtain a valid permit again.
• Eliminates the accumulation of unresolved applicatiots and perntits and the need fir DCD to
maintain the older UBC codes.
• Encourages the completion of buildings in a reasonable time that meet adopted constnwtion
codes for quality and safety and other site conditions per the [BC and County Unified
Development Code.
• Increases code compliance, including payment of permit fees needed by DCD to provide its
son ices.
FISCr1L Il~IPACTICOST-Rf?NA:hI'h ANALYSIS
The fiscal impact is anticipated ro be positive through response to the one-time "anmesh 'offer and then
on-going though improved compliance with application and permit time limits, authorized renewals and
payment of applicable fees.
RECOI4INIENDATIOV:
Staff rccomrnends the Board discuss the proposed amendments to UDC I5.0>.030; 15.05.040: and 15.0.060.
as shown in the attached legislative format and ordinance and then set a public hearing on the proposed
amendments for November 19, 2012, as indicated in the attached public hearing notice announcement.
REVIEWED BY:
i'
P ~ plvlorley, C' ntv Admints[rptor Datc
\~ -
To: Port To~wtsend & Jefferson County Lcader
LEGAL NOTICE
Publish mte (I) [rote: ~~'ednesda}, November 7, 2(112
Please use 7-point font.
Bill: Jefferson County llepartment of Community Development
621 Sheridan St.. Yon "Townsend, WA 98368
Customer ~: 17385
Staff Contact: Cazl Smith, Director (360) 379-4493
Date: November 5, 2012
NOTICE OF PUBLIC HEARING
JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS
NOTICE IS HEREBY GIVEN that the Jefferson County Board of County Commissioners will hold a
public hearing on Monday, November 19, 2012 at 10:30 AM in the Board Chambers at the Jefferson
County Courthouse, 1820 Jefferson Street. Por; Tovmsend, WA 98368. to consider proposed
amendments to Chapter 15.05 of the Jefferson County Code, to update the County's budding codes to
be consistent with State of Washington standards, and in addition, to establish maximum lime periods
for building permit applications and building permits. Folloeving the public hearing, the Board may take
forma: action on the proposed amendments.
For further information, please contact Dept. of Community Development, 621 Sheridan Street, Port
Townsend, WA 98368, (360} 379-4450.
Home ~ >
Chapter 15.05
BUILDING CODES'-
(propcsed amendments 1115/ i 211
Sections:
15-05.010 Purpose.
15.05.020 Administration and enforcement of code.
15.05.C30 Adoption of national and state codes by reference.
15.05.040 Uniform Building Code amendments and clarifications.
15 OS.D50 Building permits - Department of health and human services -Environmental health
division.
15.05.060 Building perry its -Department of community development.
15.05,070 Buitdinp permits -Department of public works.
15.05.080 Building permits -Washington State Department of Transportation.
15.05.090 Violations -Penalties.
15 05.100 Nuisance declaration.
15.05.110 Liberal construction,
15.05.010 Purpose.
The purpose of this chapter is to enhance the health, safety. and welfare of the public by ensuring that
tlwellings, buildings, structures, and land will be consVUCted, maintained; andtor used in a manner so as
to reduce hazards. inc!ease durability, and provide consistent patterns of community development. (Ord.
3-98 § 21
15.05.020 Administration and enforcement of code.
The Jefferson Courty building official is charged with the aaministration and enforcement cf the Jefferson
County building code ordinance. To this end, the building official may retain necessary personnel,
conduct inspections and investigations, issue appropriate permits, maintain necessary records and files,
and do or cause to be done all things necessary and proper for the administration and enforcement of the
Jefferson County building code ordinance. (Ord. 3-98 § 3)
15.05.030 Adoption of national and state codes by reference.
The following codes, regulations, ane statutes are hereby adopted by reference in their current form, or
as hereafter may be amended, subiect to the modifications and/or amendments set forth herein below:
(1) Chapter 51=40 WAC -.~ ;rterreticra Building Code. The =6~7 2~C5 Edition of the
.lnif;,r:,ir;ernat~onal Building Code as published by the International Conference of Building Officials is
hereby adopted by reference with the additions, deletions. and exceptions noted in the Washington
Administrative Code:
{2) Chapter 51_42 WAC - Uniform .rterra:iora; Mechanical Code. The F99 =2009 Edition of the Utxf:,rm
Interravon2, Mechanical Code as published by the International Conference of Building Of Icials is hereby
adopted by reference with the exceptions notetl in the Washington. Administrative Code;
(3) Chapter 51=44 WAC - ~m ~ cterr.aacnal Fire Code -Chapter 51_45 WAC - b+:-fsr~ I rterna;iera
Fire Code Standards. The 1E9i 2u09 Edition of the Uniiortn In:ematcnal Fire Code as published by the
International Fire Code Institute, including Appendix II-F, Protected Aboveground Tanks for Motor Vehicle
Fuel Dispensing Stations Outside Buildings. and Appendix II-J. Storage of Flammable and Combustible
Liquids in Tanks Located Within Below-Grade Vaults, is hereby adopted by reference with the additions.
deletions. and exceptions noted it the Washington Administrative Code:
(4) Chapter 5=4E WAC -Uniform Plumbing Code -Chapter 5'_47 WAC -Uniform Plumbing Code
j Standards. The 199. 2~GS• Edition of the Unifcrrn Plumbing Ccde, published by the International
Association of Plumbing and Mechanical Officials, is hereby adopted by reference with the follov/ing
additions. deletions, and exceptions; provided, that Chapters 11 and i2 of this code are not adopted;
provided further, that those requirements of the Uniform Plumbing Code relating to venting and
combustion air of fuel-nred appliances as found in Chapter 5 and those portions of the code addressing
building sewers are not adopted:
(5) Chapter 5151=11 WAC -Washington State Energy Code and Amendments. The Washington State
Energy Code and Amendments. adopted by the Washington. Stare Building Code Council. are hereby
adopted by reference with the exceptions noted in this chapter of the Washington AdminisVative Code;
(6) Chapter 5113 WAC -Washington. State Ventilation and Indoor Air Quality Code and Amendments.
The Washington State Ventilation and Indoor Air Quality Code and amendments, adopted by the
Washington State Building Code Council, are hereby adopted by reference with the exceptions noted in
this chapter of the Washington Adminstrative Code. [Ord 3-98 § 4t
15.05.040 Uniform International Building Code amendments and clarifications.
(1) Chapter 3, Permits and Inspections, Section 106.2, Work Exempt from Permit, is amended to include
the following exemptions, which read as follows:
#12. Minor const: ~dicn and alteration activities to Group R. Division 3 and Group U. Division 1
Occupancies. as determined by the building of5cial, which the total valuation, as determined in Section
~ 07.2 or as documerfed by the applicant to the sa6sfacGOn of the building officia:, does not exceed one
lhousar.C five hu.^.drad ($1.500} dollars in any hvelve-month period.
#13. Buildings or structures erected exclusively for the storage of livestock. feed, and/or farm
implements, providing said structures are: free sianding, unless attached to another agricultural
budding; do not contain plumbing. except as necessary to maintain farm animals; do not contain a heal
source. such as a wootlstove or e;ectric heat, unless specifically permitted,
[Ord. 3-98 § 5j
15.05.050 Building permits -Department of health and human services -Environmental health
division.
For ;hose structures, uses, or developments that require review for adequate prov:s;cr. of water and
sewage disposal, no building permit shall be issued unless and until applicatior. for the permit has been
approved by the Jefferson County department of health and human services. The department of health
and human services shall revieev applications to ascertain whether the property does or will have an
adequate water and sewerage system. (Ord. 3-98 § 6.10j
15.05.060 Building permits -Department of community development.
(1) Deveiopmert Review Division. No building permit shall be issued unless and until the application for
the permit has been approved by the Jefferson County department of ccmmunity develcpment -
development review division when such approval is required by ordinance.
(2) Building Division. Pursuant to RCW 19.27.Q97, each applicant for a building permit of a building
necessitating potable water shall provide evidence of an adequate water supply for the intended use of
the building. Evidence may be in the form of a water right permit from the Department of Ecology, a letter
from an approved water purveyor stating the ability to provide water, or another form sufficient to verify
the existence of an adequate supply- In adtlition to other authorities, the county or ciby may impose
conditions on building permits requiring connection tc an existing public water system where the existing
system is willing and able to provide safe and reliable potable water to the applicant with reasonable
economy and effciency. An application for a water right shat; not be sufficient proof of an adequate water
supply. (Ord. 3-98 §§ 8.2G, 6.30]
have been abandoned 180 days afterthedare of f~lina. anless sucF. adolidat,dn has peen pursued is Goad
faith or a permit has been issued' except t hat the buildinq official is authored to Grant one or nwre
extens+ons of time fa additional periods n ot exceeding 90 davs each. The total ;ime period of such
e~censons shall ngt exceed 180 davs- provided [hzt additional time extensions may be oranted by the
buildinq offitaal based on ~ustifiabie cause
{4) Expiraticn. Every permit issued is valid and written request of the applicant
for a penod of one i 1) veer from the date of issuance. The
buildinq offiaal is autnor¢ed to grant, in wr itirq. one or more extensions of time. for periods of up to one
(1' year each. The total tme period for suc h extensions shall rot exceed four'4; aiendar years .n
addiLOn to the original one year term of the permit. No permit she. be issued without payment of all fees
due Ea.^.h extension shall be requested in writng and the appliant shall demonstra c justifiable cause
for the extensionlsl. Any buildine permit that is otherwise valid upon the effective date of this
ordinance which has less than one year remaining on its last lawful extension of validity (as established
by this section:. will be eligible for one add itional extension no: to exceed one year. Anv buildine permit
that is otherwise valid upon the effective date of this ordinance which has more than one year
remaining on the extension{s} that can be lawfully requested with respect to that permit shall be
entitled to not more than four mare exten sions of one year, but in no event shall env of the four
extensions that may be granted with resp ect to such a permit in accordance with this provision make
saidgermit valid pas[ December 31 20_5. Additional time exiE~siors c= cue yea etch beyond :hcse
authorized by tltis seciec may be granted by the b~ d'ng c°ic,a J2se i ::r'.~;f ::er 'e~JeSt e` Ine ~oci',cer;
Indicating usti5able cause or hardship. - --f--- ._
15.05.070 Building permits -Department of public works.
When a proposed structure, use, or development is to access ontc a county road, no building permit shall
be issued unless and until a road approach permit, either temporary or permanent, has been issued by
the Jefferson County department of public works pursuant to the Jefferson County road approach
ordinance, No. 09.0727-92 (Chapter 12_G5 JCC), and any future arrendments andlor revisions. and
Chapter 3E 75 RCW. [Ord. 3-98 § 6.40]
15.05.080 Building permits -Washington State Department of Transportation.
When a proposed structure, use, or development is to access onto a state road or highv+ay, no building
permit shall be issued unless and until a state road approach permit either temporary or permanent. has
been issued by the Washington State Department of Transportation pursuant to Chapter 47 50 RCW.
[Ord. 3-98 ~ 6.50]
15.05.090 Violations -Penalties.
Unless cthenvise more specfically provided, any person, firm. or corporation violating any of the
provisions of this chapter shall be deemed guilty of a misdemeanor and each such person, firm, or
corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during
which any v~o!ation of any of the provisions of this chapter is committed, continued, or permitted. Upon
conv;ctior: of any such violation, such person, firm or corporation shall be punished by a fine of not more
than $1.000 or by imprisonment for not more than 90 days, or by both such fine and imprisonment [Ord.
3-98 § 7. ~ 0]
15.05.100 Nuisance declaration.
Uniess otherwise more specifically provided, any building or structure hereafter set up. erected, built,
moved. or maintained, or any use of property now or hereafter contrary to the previsions of the Jefferson
County building code ordinance, shall be declared unlawful and a public nuisance. Compliance with this
chapter may be enforced by (1) a mandatory injunction brought by the owner or owners of land in
proximity to the land with the prescribed condition: or (2} an action or proceeding, brought by the
Jefferson County presecuting attorney in a court of competent jurisdiction, to abate. remove, and enjoin
such nuisance. [Ord. 3-98 § 7.20]
15.05.110 Liberal construction.
The rule of strict construction sha~l have no application to this chapter; instead, this chapter shall be
liberally construed :n order to carry out the purpose and objectives for which it is intended. [Ord. 3-98 §
7.50j
STATE OF WASHINGTON
County of Jefferson
In the Matter of Adopting )
and Implementing the 2009 Versions of )
the International Building Codes Pursuant )
to the Rules of the Washington State )
Building Code Council ) Ordinance No. -12
WHEREAS. the State of Washington establishes the State Building Code as set
forth in RCW 19.27.031, and;
WHEREAS, the Washington State Building Code Council through rulemaking in
the year 2009 set a date of Jufy 1, 2010 for the implementation of select International
Codes published by the International Code Council, Inc. and other construrtion codes by
reference, and;
WHEREAS, the current edition of building codes adopted by Jefferson County
and codified at JCC 15.05 is the Uniform Building Code of 1997, and:
WHEREAS, the current edition of building codes adopted by the State of
Washington is the 2009 International Building Code; codified at WAC 51-50; and
WHEREAS, pursuant to WAC 197-11-800 (20). the adoption of building codes
consistent with RCW 19.27 by local governments such as Jefferson County is exempt
from review pursuant to the State Environmental Policy Act; and
WHEREAS, pursuant to JCC 18.45.090, changes to the text of the County's
implementing regulations that are consistent with the comprehensive plan may be done
at any time; and,
WHEREAS, the Board intends to amend the Jefferson County Code in order to
adopt by reference the State Building Codes for the health, safety and welfare of the
citizens and pursuant to the genera! 'police' power granted to it by the Washington State
Constitution, including certain exclusions and exceptions as set out by the Washington
State Code Council or as established by local option,
NOW, THEREFORE, the Board of County Commissioners for Jefferson County.
Washington, in regular session assembled. does hereby ordain as follows:
Section One: Pursuant to the County's authority conferred by RCW 19.27, the Board of
County Commissioners hereby repeals Jefferson County Code ("JCC") Section
15.05.030 (1), (2), (3) and (4) in their entirety and replaces it with the following text:
15.05.030 Adoption of national and state codes by reference.
The following codes, regulations, and statutes are hereby adopted by reference in their
current form, or as hereafter may be amended, subject to the modifications and/or
amendments set forth herein below:
(1) Chapter 51_40 WAC - International Building Code. The 2009 Edition of the
International Building Code as published by the International Conference of Building
Officials is hereby adopted by reference with the additions, deletions, and exceptions
noted in the Washington Administrative Code.
(2) Chapter 515142 WAC - International Mechanical Code. The 2009 Edition of the
International Mechanical Code as published by the International Conference of Building
Officials is hereby adopted by reference with the exceptions noted in the Washington
Administrative Code.
(3) Chapter 515144 WAC - International Fire Code -Chapter 51=45 WAC -International
Fire Code Standards. The 2009 Edition of the International Fire Code as published by
the International Fire Code Institute, including Appendix II-F, Protected Aboveground
Tanks for Motor Vehicle Fuel Dispensing Stations Outside Buildings, and Appendix II-J,
Storage of Flammable and Combustible Liquids in Tanks Located Within Below-Grade
Vaults, is hereby adopted by reference with the additions, deletions, and exceptions
noted in the Washington Administrative Code.
(4) Chapter 515146 WAC -Uniform Plumbing Code -Chapter 515147 WAC -Uniform
Plumbing Code Standards. The 2009 Edition of the Uniform Plumbing Code, published
by the International Association of Plumbing and Mechanical Officials, is hereby adopted
by reference with the following additions, deletions, and exceptions; provided, that
Chapters 11 and 12 of this code are not adopted: provided further, that those
requirements of the Uniform Plumbing Code relating to venting and combustion air of
fuel-fired appliances as found in Chapter 5 and those portions of the code addressing
building sewers are not adopted.
Section Two: Pursuant to the County's authority conferred by RCW 19.27, the Board of
County Commissioners hereby repeals Jefferson County Code ('JCC") Section
15.05.040 in its entirety and replaces it with the following text:
15.05.040 International Building Code amendments and clarifications.
(1) Chapter 3, Permits and Inspections, Section 106.2, Work Exempt from Permit, is
amended to include the following exemptions, which read as follows:
#12. Minor construction and alteration activities to Group R, Division 3 and
Group U, Division 1 Occupancies, as determined by the building official.
which the total valuation. as determined in Section 107.2 or as documented
by the applicant to the satisfaction of the building official, does not exceed
one thousand five hundred (81,500) dollars in any twelve-month period.
#13. Buildings or structures erected exclusively for the storage of livestock,
feed, and/or farm implements, providing said structures are: free standing,
unless attached to another agricultural building; do not contain plumbing;
except as necessary to maintain farm animals; do not contain a heat source,
such as a woodstove or electric heat, unless specifically permitted.
Section Three: Pursuant to the County's authority conferred by RCW 19.27, the Board
of County Commissioners hereby adds to the Jefferson County Code ('~JCC") Section
15.05.060, the following text of new sections (3) and (4):
15.05.060 Building permits -Department of community development.
3) Time limitation for 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; except that the
building official is authorized to grant one or more extensions of time for additional
periods not exceeding 90 days each. The total time period of such extensions shall not
exceed 180 days, provided that additional time extensions may be granted by the
building official based on justifiable cause and written request of the applicant.
(4) Expiration. Every permit issued is valid for a period of one (1) year from the date of
issuance. The building official is authorized to grant, in writing, one or more extensions
of time, for periods of up to one (1) year each. The total time period for such extensions
shall not exceed four (4) calendar years in addition to the original one year term of the
permit. No permit shall be issued without payment of all fees due. Each extension shall
be requested in writing and the applicant shall demonstrate justifiable cause for the
extension(s). Any building permit that is otherwise valid upon the effective date of this
ordinance which has less than one year remaining on its last lawful extension of validity
(as established by this section) will be eligible for one additional extension not to exceed
one year. Any building permit that is otherwise valid upon the effective date of this
ordinance which has more than one year remaining on the extension(s) that can be
lawfully requested with respect to that permit shall be entitled to not more than four more
extensions of one year, but in no event shall any of the four extensions that may be
granted with respect to such a permit in accordance with this provision make said permit
valid past December 31, 2016. Additional time extensions of one year each beyond
those authorized by this section may be granted by the building official based on written
request of the applicant. indicating justifiable cause or hardship.
Section Four: All other sections, tables and language of the Jefferson County Code are
not altered or amended in any manner by this Ordinance.
Section Five: Severability: In the event any one or more of the provisions of this
ordinance shall for any reason be held to be invalid, such invalidity shall not affect or
invalidate any other provisions of this ordinance. but this ordinance shall be construed
and enforced as if such invalid provision had not been contained there!n: PROVIDED,
that any provision which shall for any reason be held to be invalid by reason of its extent
shall be deemed to be in effect to the extent permitted by law.
Section Six: This ordinance shall be in full force and effect at 5:00 pm on the date of its
enactment by the Jefferson County Board of County Commissioners.
Approved this day of , 2012.
JEFFERSON COUNTY
BOARD OF
COMMISSIONERS
SEAL:
John Austin, Chair
ATTEST:
Phil Johnson. Member
Erin Lundgren, David Sullivan, Member
Clerk of the Board
APPROVED AS TO FORM:
David Alvarez
Deputy Prosecuting Attorney