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Home My WebLink About01 0208 93 Cð', f~ ~/(P.-93 ORDINANCE NO. 01-0208-93 AN ORDINANCE RELATING TO BUILDING CODE PROVISIONS FOR JEFFERSON COUNTY REPEALING AND REPLACING ORDINANCE NO. 2-84 JEFFERSON COUNTY BOARD OF COMMISSIONERS Richard wojt, Chairman Bob Hinton, Commissioner Glen Huntingford, Commissioner JEFFERSON COUNTY PLANNING & BUILDING DEPARTMENT craig Ward, Director Michael Ajax, Building Official Bruce Travis, Building Inspector James Holland, Senior Planner Jim Pearson, Associate Planner Jerry smith, Associate Planner Keturah Brown, Assistant Planner Eric Toews, Assistant Planner Michelle Grewell, Planning Technician FEBRUARY 1993 '1.0 - .....' ,- '" .~ 0 1-7ß TABLE OF CONTENTS PAGE FINDINGS 1 SECTION 1 PURPOSE 2 SECTION 2 ADMINISTRATION & ENFORCEMENT 2 SECTION 3 ADOPTION BY REFERENCE 2 SECTION 4 UNIFORM BUILDING CODE AMENDMENTS 3 SECTION 5 DEPARTMENT APPROVALS 4 5.10 Health Department 5.20 Planning & Building Department 5.30 Department of Public Works 5.40 Department of Transportation 4 4 4 4 SECTION 6 LEGAL PROVISIONS 4 6.10 penalties 6.20 Declared Nuisance 6.30 Repealer 6.40 Severability 6.50 Liberal Construction 6.60 Effective Date 6.70 Adoption 4 4 5 5 5 5 5 i ,OL 19 f~n~ 0 1-74 FINDINGS WHEREAS, the current county Building Code ordinance has been in effect, without amendment, since Ordinance No. 5-84 was adopted by the Board of County Commissioners on May 7, 1984; and, WHEREAS, pursuant to Chapter 19.27 RCW, the State Legislature has delegated the responsibility for update and amendment of the Uniform Codes to the State Building Code Council; and, WHEREAS, the State Building Code Council adopted 1991 Uniform Codes and required implementation of those codes enumerated in WAC 51-16-030 through 51-16-060; and, WHEREAS, the Uniform Codes enumerated by WAC 51-16-030 through 51-16-060 became effective in all counties and cities of this state on July 1,1992, pursuant to WAC 51-16-080, unless local amendments were approved by the State Building Code Council; and, WHEREAS, the Building Official has prepared a new ordinance relating to Building Code provisions for Jefferson County repealing and replacing the current Building Code Ordinance which is obsolete, deficient, and in conflict with the new state building code; and, WHEREAS, the prior Board of County Commissioners (Commissioners Dennison, Brown and Wojt) held public hearings on August 3 and October 19, 1992, and received and considered testimony relating to the proposed Building Code ordinance; and, WHEREAS, the prior Board of County Commissioners deliberated upon the testimony received and voted unanimously to approve the Building Code ordinance, contingent upon State Building Code Council review and approval of an amendment allowing the use of ungraded lumber for use in non-residential structures; and, WHEREAS, the County Building Official contacted the State Building Code Council and was advised that the proposed amendment could not be approved by the Council; and, WHEREAS, the prior Board of County Commissioners did not reexamine the matter of formal ordinance adoption prior to leaving office on December 31, 1992; and, WHEREAS, the current Board of County Commissioners (Commissioners Wojt, Hinton and Huntingford) has reviewed taped recordings of the October 19, 1992 public hearing, and has deliberated upon both the proposed ordinance and all testimony presented; and, 1 ','01- 19 ur:~ ,0 1. 7S WHEREAS, the current Board of County Commissioners finds that the public health, safety and welfare of the citizens of Jefferson County requires immediate adoption of a new ordinance relating to building code provisions; and, WHEREAS, the current Board of County Commissioners finds that it would be most prudent to avoid further delaying the adoption of the proposed Building code Ordinance while pursuing the possibility of a future amendment to the ordinance to allow the use of ungraded lumber in non-residential structures; NOW, THEREFORE, BE IT ORDAINED by the Jefferson County Board of Commissioners: SECTION 1 PURPOSE The purpose of this ordinance 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. SECTION 2 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. SECTION 3 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 hereinbelow: 1. Uniform Building Code and Uniform Building Code Standards, 1991 edition, published by the International Conference of Building Officials; 2 VOL 19 r~Œ 0 1.76 6. Uniform Mechanical Code, 1991 edition, including Chapter 22, Fuel Gas piping, Appendix B, published by the International conference of Building Officials; The uniform Fire Code and Uniform Fire Code Standards, 1991 edition, including Appendix II-F, Aboveground storage Tanks for Motor Vehicle Fuel-Dispensing stations, published by the International Conference of Building Officials and the Western Fire Chiefs Association; The Uniform plumbing Code and Uniform plumbing Code Standards, 1991 edition, published by the International Association of Plumbing and Mechanical Officials: Provided, That chapter 11 of such code is not adopted; The washington State Energy Code, 1992 edition, adopted by the Washington state Building Code Council and filed as Chapter 51-11 washington Administrative Code; and, The washington state ventilation and Indoor Air Quality Code, 1992 edition, adopted by the Washington state Building Code Council and filed as Chapter 51-13 of the washington Administrative Code. 2. 3. 4. 5. In the case of conflict among the codes adopted herein, the current edition of the Uniform Building Code shall govern. SECTION 4 UNIFORM BUILDING CODE AMENDMENTS/CLARIFICATIONS 1. Chapter 3, Permits and Inspections, section 301(b), Work Exempt from Permit, is amended to include a new exemption, which reads as follows: "12. Buildings or structures erected exclusively for the storage of livestock, feed, and/or farm implements, provided 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." 3. The Uniform Fire Code and uniform Fire Code Standards, 1991 edition, shall not be construed to preclude participants in religious ceremonies from carrying hand- held candles. Appendix II-F of The Uniform Fire Code and Uniform Fire Code Standards, 1991 edition, Aboveground storage Tanks for Motor Vehicle Fuel-Dispensing stations, shall not be construed to apply to aboveground storage tanks associated with retail commercial sales of fuel. 2. 3 \Jot 19 Uf;f 0 1-7'" SECTION 5 DEPARTMENT APPROVALS 5.10 Health Department: 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 Health Department. The Health Department shall review applications to ascertain whether the property does or will have an adequate water and sewerage system. 5.20 planning and Building Department: No building permit shall be issued unless and until the application for the permit has been approved by the Jefferson County Planning and Building Department when such approval is required by ordinance. 5.30 .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, and RCW 36.75. 5.40 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 RCW 47.23. SECTION 6 LEGAL PROVISIONS 6.10 penalties: Unless otherwise more specifically provided, any person, firm, or corporation violating any of the provisions of this ordinance 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 ordinance 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 one thousand dollars ($1,000) or by imprisonment for not more than ninety (90) days, or by both such fine and imprisonment. 6.20 Declared Nuisance: Unless otherwise more specifically provided, any building or structure hereafter set-up, erected built, moved, or maintained, or any use of property now o~ hereafter contrary to the provisions of the Jefferson County Building Code Ordinance, shall be declared unlawful and a public 4 VOL 1:9 t~Œ 0 1-78 nuisance. Compliance with this ordinance may be enforced by: (a) a mandatory injunction brought by the owner or owners of land in proximity to the land with the prescribed condition; or, (b) an action or proceeding, brought by the Jefferson county Prosecuting Attorney in a court of competent jurisdiction, to abate, remove, and enjoin such nuisance. 6.30 Repealer: Ordinance No. 2-84. This ordinance hereby repeals and replaces 6.40 severability: If any section, subsection, sentence clause, or phrase of this ordinance or its application to any person or circumstances is held invalid, the remainder of the ordinance or the application to other persons or circumstances shall not be affected. 6.50 Liberal Construction: The rule of strict construction shall have no application to this ordinance, instead, this ordinance shall be liberally construed in order to carry out the purpose and objectives for which it is intended. 6.60 Effective Date: This ordinance shall be effective on the 19th day of February, 1993. 6.70 Adoption: Adopted by the Jefferson county Board of Commissioners this 8th day of February, 1993. SEAL: o>æ Lorna Board APPROVED AS TO FORM: "------s'~ ~ Mark Huth, Jefferson County Prosecuting Attorney I- ( ", 5 VOL 19 :r~n~ 0 1-79