HomeMy WebLinkAbout12 1203 12vv• Lit
J~ `-" ~ 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.t2-1203-12
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 5151=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 5151=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 - Intemational 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 515156 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 515111 WAC -Washington State Energy Code and Amendments. The
Washington Stale 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, andior 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.
-~.
2012.
JEFFERSON COUNTY
BOARD OF
tCOlv~{atISS NERS
Joh n, Ch it
~t
Phil Johr~ . fvtefnbev _
David Sullivan, I~Tember
l z- ylz.bll
,,,p(F~PROVF_D t~S TO FOR~4:
David Alvarez
Deputy Prosecuting Attorney
Chapter 15.05
BUILDING CODES'-
Public Hearing Draft 12/31121
(Proposed amendments)
Horne < >
Sections:
15.05.010 Purpose.
i 5.C5.020 Administration and enforcement of code.
15.C5.030 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 Buildinc 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. ford.
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 erd, 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 bwlding 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 amendetl, subject to the modifications andtor amendments set forth herein below:
(1) Chapter 51-450 WAC - Unif:, m Irterna-icra Building Code. The =8:+,= 2CC9 Edition of the
Urc-asr,~,r.ternztior.zl 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 51-5a2 WAC - Unitom; Internaticnal Mechanical Code. The 199 % 20u^9 Edition of the Uni`orn
rterr.a_i~ra Mechanical Code as published by the International Conference of Building Officio s is hereby
adopted by reference with the exceptions noted in the Washington Administrative Code:
(3) Chapter 51-454 WAC - Uniform lnterratiora Fire Code --Citapte: 5:=45 WAC - 6dr:iferna_-€ice-6ede
Standards The +967 20v9 Edition of the arm Intematonzl Fire Code as published by the
International Fire Code Institute-, is ;lading =, ecround-'Fanks~a~AsES~Fep+sle
Fuc-+;~;.a^-s:^9-S'.;~ionsOufsi ixII~1 S'cragec-~'
6:qu+de-iri Tanks Lceate9-L~:ikeir;-Baiaw-Grade Vain. 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 acs -6baoter Si-4''n'vAC -Uniform Plumbing Code
Standards. The -1997 ~00~ Editior, of the Uniform Plumbing Code, published by the International
Association of Plumbing and Mechanical Officials. is hereby adopted by reference with the feilaw+a=g
additions, deletions, and exceptions ro:ec in ;hE yVasvrgtor Adrnicistrative Cede: ~wdes-inai
Cf',a~rersTl-aria ; 2 of ;hi;-^ ided-i~he: tha: thoserequir°^^^`.,,~,~-emt: a
Unify m PI ent~~tg aria fousrd to
6ga~tec-5-aad-those-po are not adopted:
(5'~ Chapter 5151 WAC - Iniematicnal Residential Code. Tha 2449 edition of Ne International
Residential Code as published by the International Code Council is herebv adopted by reference with the
exceptions noted in the Washington Adnvnistrative Code. prowtled that Appendices R and S are not
adopted
(5G) Chapter 5151=11 WAC -Washington State Energy Code and Amendments. The Washington State
Energy Code and Amendments, adopted by the Washington State Building Code Ccuncil, are hereby
adopted by reference with the exceptiohs noted in this chapter of the Washington Administrative Code,
(€>r-Chapter-~l=~a-WAC - LNas#;ng nsmer?t&
~het/VashirgtonSiate V ,
Vuashitx}ton ,
thrs chapter pf• ' ~3-9S-S-4~
15.05.040 Uniform International Building Code amendments and clarifications.
(1) Chapter at, Permits and Inspections, Section 1C6 = "052 Worn Exempt from Permit, is amended to
include the following exemptions. which read as follows:
#1 aa. 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 Sedicn
107.2 or as documented by the applicant to the satisfaction of the building official, does not exceed one
thousand five hundred (51.500) dollars in any twelve-month period.
#135. Buildings or structures erected exc;usively for the storage of livestock, feed, and/or farm
implements, providing said structures are: free standing, unless attached to another agricultural
bwlding: 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 speci~ically permitted.
[Ord. 3.98 § 5j
15.05.050 Building permits -Department of health and human services -Environmental health
division.
For those structures, uses. or developments that require review for adeeuate provision of water and
sewage disposal, ro building permit shall be issued unless and until application for the permit has Deen
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 or ccmmunity 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 budding
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 let•,er
from an approved water purveyor stating the ability to provide water. or another form sufficient to veri`y
the existence of an adequate supply. In add:fen to other authorities, the county er city may impose
conditions on building permits requiriny^ 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 vaith reasonable
economy and effiaency. An application for a water right shall not be sufficient orcof of an adequate water
supply. [Ord. 3-98 §§ 6.2C, 6.30]
3i T n~ ~imita7ar fa=app::cations A.n app:;ca:,on for a aerm~t `or_ar_.~pro~csec wodc shall be deemzd ;c
have Deen abandoned 180 days after the date of filinp. unless such apokcat;on has been pursued ir. goad
faith or a permit has been issued. except that the building official ~s authorized to grant one or more
extensions of time for addRional periods not exceeding 90 days each. The total Dme perod Of such
extensons shall not exceed 180 days. provided that additional time extensions may be granted by the
building official Dased on justifiable cause and written request of the applicant
(4; Expiration. Every permit issued js valid fora period of ore (1'r year from the date of issuance. The
Duilding officaal is authored to grant, in writing. one or more extensions of time. for p eriods of up to one
{1; year each. The total [me period for such extensions shall not exceed four (41 cale ndar years in
addition to the original one near term of the permit No permit shall be Sssued without payment of all fees
due. Each extension shall be requested in writing and the applicant shall demonstra te justifiable cause
for the extension{sl. Any building permit that is otherwise valid upon the effective date of this
ordinance which has less than one year remainingt on its last lawful extension of validity {as established
by this sectionl will be eligible for one additional extension not to exceed one year. Any buildine permit
that is otherwise valid upon the effective date of this ordinance which has more tha n one year
remaining on the extensionlsy that can be lawfully requested with respect to that pe rmit shall be
entitled to not more than four more extensions of one year, but in no event shall an y 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 tame extensions of one year ea ch beyond Chose
authorized by this section may be granted by the building offiaal based on written re puest of the applicant
irdicating iustifrable 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_C5 JCC), and any future amendments and?or revisions. and
Chapter 36_75 RCW [Ord. 3-98 § 6.40j
15.05.080 Building permits -Washington State Department of Transportation.
When a proposed structure, use. or development is tc 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_5C RCW.
[Ord. 3-98 § 5.50]
15.05.090 Violations -Penalties.
Unless otherwise more specifically providetl, any person: firm. or corporation violating any of the
provisions of this chapter shall be deemey 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 51,000 or by imprisonment for not more than 90 days. or by both such fine and imprisonment. [Ord.
3-98 § 7.1 C]
15.05.100 Nuisance declaration.
Urless 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 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 ianC 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 §
Z 50j
Code reviser's note: The provisions of Ordinance 3-98. as codified in this chapter, also appeared as
Appendix A to Ortlinance 11-00.
Home < >
tteguiar Hgenoa
JEFFERSON COt:N1'Y
BOARD OF COUNTY CO1I~IISSIOVERS
AGENDA RE;QUES'I'
TO: Board of County Commissioners
Philip Morley, County Administrator
FR0~4: Carl Smith, Community Development Director
DATE: December 3, '_0l
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 t 5.0> shown in legislative format
Proposed ordinance to amend JC'L'. Chapter 15.05: Building Codes
STATEb'IENT UP ISSUI?:
Jettcrson County's adopted building codes at .ICY'. 15.05 are inconsistent with the codes adopted by the
State oP \y'ashin~ton oral used by the building industry. It is rcconuncndcd ghat the County amend its
buildine codes ro be consistent +vith state law and accepted indusn} standards.
Additionally, JCC I S.OS.does not provide for time limits on building permits or applications. This
situation has led to an accumulation of oldar permits and applications that are in an unresohed status. It
is recommended that provisions addressing time limits for permits and applications he added to .IC(:
15.05.
At the Board of County Commissioners meeting of November >. 2012, the Board voted to se[ a public
hcarin~ on the proposed amendments for December 3, 2012. A public hearing notice was published in
the Yon Townsend L.cadcr on November 21, 2013. with a URL io where the proposed amendments can be
found Ixr;ted on the Department of Community Development wehsite. Additiaially. thz oublic hearing
notice was mailed to approximately 250 permit holders +vith permits more than one year old ++ho have
not paid renc+val fees.
ANr11.}'SIS:
Buildine Codes
Chapter 15.05 ofthe Jefferson County L:nificd Development Code (IJDC) adopts the 1997 edition of the
Uniform Building Code (UBC).
The Sta[c of Washington, acting through the State Building Council, has otticially adopted the 2009
version of the [ntemational Building Cede (IBC:) in the Washington State Administrative Code (W'.AC)
Chapter > 1-50, under authorih= of Chapter i9.2' of the Revised Code of Washington (RCW}. WAC 51-
50-OOR states: 'The International Building Code adopted under chapter 51-50 WAC shall become
effective in all counties and cities of this state on July I. 2010." The State adopted codes include certain
exceptions or exemptions. Local jurisdictions earn also omit certain sections of the IBC. at their
discretion. Adoption of the 2009 IBC would have [ire followin, henetits for Jefferson County:
• The County will he consistent with State of Washington {xw on building codes.
Kegu ar r+genaa
• DCD staff will be able to administer the code more efTicicntly, avoiding confusion +vilh building
permit applicants over what codes apply and the need to maintain the older UBC codes.
Time limits on buildino.applications and permits
JCC' 15.05 dacs not establish any time limits for building pernrits or applications. The 2009 IBC does set
limits; however they arc vague and indefinite. Phis lack of clear regulator guidance has led [o an
accumulation of met 300 building permits and applications at DCD that base not been resolved over a
span of scver•al decades. These are cases where the permit application or permit has not been officially
approved, extended or cancelled, and the building invoked may not have received required pemrits or
inspectians to meet code requirements ti?r quality and safety. Some of dtcsc buildings are believed to be
incomplete for many yearn or completed and occupied without inspections frn~ code compliance.
To address this situation. staff recommends adding time limits [o the .1CC Chapter t 5.05. Key provisions
proposed ++ould be a one-year maximum time limit for building permit applications that need additional
information in order to be complete, and afive-year maximum time limit rnr building permits; after which
they +vould be cancelled. Renewals up to the five year limit on building permits would he authorized upon
payment of an annual renewal fee: currently set at 5222. A hardship condition of the applicant could
nllow additional time extensions of the pennit_
(fthese amendments are adopted by the Board of Count, Commissioners, staff intends to offer an
°anuresty" program, whereby all of the older permit holders would be offered at least a Otte year renewal
of their building permit with the Baal of completing their building inspections, upon payment of a onc-
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 (+).
fhe benefits of having maximum time limits 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 l: BC 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 Count} Unified
Development Code.
• Increases code compliance, including payment of permit fees needed by DCD to provide its
services.
FISCAI, IMPACT/COST'-BENEFIT ANALYSIS:
7'he fiscal impact is anticipated w be positive through response to the one-time "amnesty" offer and then
on-going though improved compliance with application and pennit time limits, authorized rene+vals and
payment of applicable fees.
RECO~~ID4ENDA•ITON:
Staff recommends the Board conduct the public hearing on the proposed amendment, to JCC 15.05.030;
15A5.040; and 15.(15AG0, as shown in the attached legislative format and ordinance and; followin, close of
the public hearing, deliberate the proposed amcndrnents and take formal action if•ready.
I2EVIEVVED BY:
~- ; ,
~ ~ . ~ t • z ~l/z-
Philip ~ Orley, County .A'dr 'nistrator~ Date
~ ,.