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HomeMy WebLinkAbout120312_ra02Regular Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Carl Smith, Community Development Director DATE: December 3, 2012 SUBJECT: Public hearing on proposed amendments to JCC Chapter 15.05: Building Codes, including time limits on building applications and permits ATTACHMENT: Proposed amendments to JCC Chapter 15.05 shown in legislative format Proposed ordinance to amend JCC Chapter 15.05: Building Codes STATEMENT OF ISSUE: Jefferson County's adopted building codes at JCC 15.05 are inconsistent with the codes adopted 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 15.OS.does not provide for time limits on building permits or applications. This situation has led to an accumulation of older permits and applications that are in an unresolved status. It is recommended that provisions addressing time limits for permits and applications be added to JCC 15.05. At the Board of County Commissioners meeting of November 5, 2012, the Board voted to set a public hearing on the proposed amendments for December 3, 2012. A public hearing notice was published in the Port Townsend Leader on November 21, 2013, with a URL to where the proposed amendments can be found posted on the Department of Community Development website. Additionally, the public hearing notice was mailed to approximately 250 permit holders with permits more than one year old who have not paid renewal fees. ANALYSIS: Building Codes Chapter 15.05 of the Jefferson County Unified Development Code (UDC) adopts the 1997 edition of the Uniform Building Code (UBC). The State of Washington, acting through the State Building Council, has officially adopted the 2009 version of the International Building Code (IBC) in the Washington State Administrative Code (WAC) Chapter 51-SQ under authority of Chapter 19.27 of the Revised Code of Washington (RCW). WAC 51- 50-008 states: "The Intemational Building Code adopted under chapter 51-50 WAC shall become effective in all counties and cities of this state on July 1, 2010." The State adopted codes include certain exceptions or exemptions. Local jurisdictions can also omit certain secfions of the IBC, at their discretion. Adoption of the 2009 IBC would have the following benefits for Jefferson County: • The County will be consistent with State of Washington law on building codes. Regular Agenda • DCD staff will be able to administer the code more efficiently, avoiding confusion with building permit applicants over what codes apply and the need to maintain the older UBC codes. Time limits on building applications and permits JCC 15.05 does not establish any time limits for building permits or applications. The 2009 IBC does set limits; however they are vague and indefinite. This lack of clear regulatory guidance has led to an accumulation of over 300 building permits and applications at DCD that have not been resolved over a span of several decades. These aze cases where the permit application or permit has not been officially approved, extended or cancelled, and the building involved may not have received required permits or inspections to meet code requirements for quality and safety. Some of these buildings are believed to be incomplete for many years or completed and occupied without inspections for code compliance. To address this situation, staffrecommends adding time limits to the JCC Chapter 15.05. Key provisions proposed would be aone-year maximum time limit for building permit applications that need additional information in order to be complete, and afive-year maximum time limit on building permits; after which they would be cancelled. Renewals up to the five year limit on building permits would be authorized upon. payment of an annual renewal fee; currently set at $222. A hardship condition of the applicant could allow additional time extensions of the permit. If these amendments are adopted. by the Board of County Commissioners, staff intends to offer an "amnesty" program, whereby all of the older permit holders would be offered at least a one year renewal of their building permit with the goal of completing their building inspections, upon payment of a one- year renewal fee of $222. Any potential time extensions for deficient permit applications that are less than one year old will be handled according to the proposed new section JCC 15.05.050 (3). The benefits of having maximum time 1 imits for applications and building permits include the following: • Establishes consistent rules for equal treatment of all applicants, and more efficient processing. • Provides opportunity for expired permit holders to obtain a valid permit again. • Eliminates the accumulation of unresolved applications and permits and the need for DCD to maintain the older UBC codes. • Encourages the completion of buildings in a reasonable time that meet adopted construction codes for quality and safety and other site conditions per the IBC and County Unified Development Code. • Increases code compliance, including payment of permit fees needed by DCD to provide its services. FISCAL IMPACT/COST-BENEFIT ANALYSIS: The fiscal impact is anticipated to be positive through response to the one-time "amnesty" offer and then on-going though improved compliance with application and permit time limits, authorized renewals and payment of applicable fees. Staff recommends the Board conduct the public hearing on the proposed amendments to JCC 15.05.030; 15.05.040; and 15.05.060, as shown in the attached legislative format and ordinance and; following close of the public heazing, deliberate the proposed amendments and take formal action if ready. REVIEWED BY: dome { > Chapter 15.05 BUILDING CODES'- Public Hearing Draft 12/3/12) (Proposed amendments) Sections: 15.05.010 Purpose. 15.05.020 Administration and enforcement of code. 15.05.030 Adoption of national and state codes by reference. 15.05.040 Uniform Building Code amendments and clarifications. 15.05.050 Building permits - Department of health and human services -Environmental health division. 15.05.060 Building permits -Department of community development. 15.05.070 Building 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 dwellings, buildings, structures, and land will be constructed, maintained, and/or used in a manner so as to reduce hazards, increase durability, and provide consistent patterns of community development. [Ord. 3-98 § 2] 15.05.020 Administration and enforcement of code. The Jefferson County building official is charged with the administration and enforcement of 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, 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 51-450 WAC - ~ International Building Code. The ~7 2009 Edition of the U~+fer+~lnternational 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 51-542 WAC - L~-q+f International Mechanical Code. The a~9~ 2009 Edition of the ~ifar~ 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 51-454 WAC - ~ International Fire Code - - kJni#err~_ ~~,-~re~e S#a~da~d-s The 4~-9~ 2009 Edition of the ~ International Fire Code as published by the International Fire Code Institute, ~ , ~~el-B F , ~ ,~~ n T~nU~ ~ nro+or, ~ni~+h r, C2o~n,ei_(2r~r7o ~~~ ~+~, is hereby adopted by reference with the additions, deletions, and exceptions noted in the Washington Administrative Code; (4) Chapter 51-456 WAC -Uniform Plumbing Code and 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 #eAowiag additions, deletions, and exceptions noted in the Washington Administrative Code; ~r~v+ded-t#at ('hen+orc 11 ~nrl 17 of +hic rnrio pro nn+ ~rlnn+o'!~ nrnvirlcrJ fi hhcr +h~f fhnce r men+c of+hc (5) Chapter 51-51 WAC -International Residential Code. The 2009 edition of the International Residential Code as published by the International Code Council is hereby adopted by reference with the exceptions noted in the Washington Administrative Code, provided that Appendices R and S are not adopted; (a6) Chapter 51-11 WAC -Washington State Energy Code and Amendments. The Washington State Energy 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 Administrative Code; 15.05.040 ~lna#e~r~ International Building Code amendments and clarifications. (1) Chapter ~1, Permits and Inspections, Section a~-2 105.2, Work Exempt from Permit, is amended to include the following exemptions, which read as follows: #124. 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 ($1,500) dollars in any twelve-month period. #1~5. 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. [Ord. 3-98 § 5] 15.05.050 Building permits -Department of health and human services -Environmental health division. For those structures, uses, or developments that require review for adequate provision of water and sewage disposal, no building permit shall be issued unless and until application for the permit has been approved by the Jefferson County department of health and human services. The department of health and human services shall review applications to ascertain whether the property does or will have an adequate water and sewerage system. [Ord. 3-98 § 6.10] 15.05.060 Building permits -Department of community development. (1) Development 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 community development - development review division when such approval is required by ordinance. (2) Building Division. Pursuant to RCW 19.27.097, 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 addition to other authorities, the county or city may impose conditions on building permits requiring connection to 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 efficiency. An application for a water right shall not be sufficient proof of an adequate water supply. [Ord. 3-98 §§ 6.20, 6.30] 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 iustifiable cause for the extension(s). Anv buildine permit that is otherwise valid upon the effective date of this ordinance which has less than one year remainine on its last lawful extension of validity (as established by this section) will be elieible for one additional extension not to exceed one year. Anv buildine permit that is otherwise valid upon the effective date of this ordinance which has more than one year remainine 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 eranted 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 iustifiable cause or hardship. 15.05.070 Building permits -Department of public works. When a proposed structure, use, or development is to access onto 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 12.05 JCC), and any future amendments and/or revisions, and Chapter 36.75 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 highway, 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 otherwise more specifically 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 violation of any of the provisions of this chapter is committed, continued, or permitted. Upon conviction 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 § 7.10] 15.05.100 Nuisance declaration. Unless otherwise more specifically provided, any building or structure hereafter setup, erected, built, moved, or maintained, or any use of property now or hereafter contrary to the provisions 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 prosecuting 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 shall have no application to this chapter; instead, this chapter shall be liberally construed in order to carry out the purpose and objectives for which it is intended. [Ord. 3-98 § 7.50] 1 Code reviser's note: The provisions of Ordinance 3-98, as codified in this chapter, also appeared as Appendix A to Ordinance 11-00. ~'IOnI€" ~...~ ~.~__.. 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 July 1, 2010 for the implementation of select International Codes published by the International Code Council, Inc. and other construction 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 general `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), (4), (5) and (6) 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 51-50 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 51-52 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 51-54 WAC - International Fire Code .The 2009 Edition of the International Fire Code as published by the International Fire Code Institute is hereby adopted by reference with the additions, deletions, and exceptions noted in the Washington Administrative Code; (4) Chapter 51-56 WAC -Uniform Plumbing Code and 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 additions, deletions, and exceptions noted in the Washington Administrative Code; (5) Chapter 51-51 WAC -International Residential Code. The 2009 edition of the International Residential Code as published by the International Code Council is hereby adopted by reference with the exceptions noted in the Washington Administrative Code, provided that Appendices R and S are not adopted; (6) Chapter 51-11 WAC -Washington State Energy Code and Amendments. The Washington State Energy 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 Administrative Code; 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 1, Permits and Inspections, Section 105.2, Work Exempt from Permit, is amended to include the following exemptions, which read as follows: #14. 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 ($1,500) dollars in any twelve-month period. #15. 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 therein; 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: ATTEST: John Austin, Chair Phil Johnson, Member Erin Lundgren, Clerk of the Board David Sullivan, Member APPROVED AS TO FORM: David Alvarez Deputy Prosecuting Attorney