HomeMy WebLinkAbout1 DCD HEARING re: ORDINANCE re Adopting Versions of Building Code Adopting Exceptions JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
PUBLIC HEARING AGENDA REQUEST
TO: Board of County Commissioners
Mark McCauley, County Administrator
FROM: Phil Cecere, Building Official/Fire Marshal
DATE: October 9, 2023
SUBJECT: Public Hearing regarding the potential adoption of an ordinance amending Jefferson
County Code (JCC) Title 15 to adopt current building codes and amending JCC
Title 2 as it pertains to the Fire Marshal and inspection programs.
STATEMENT OF ISSUE: The Jefferson County Code Title 15 and Chapter 2.4 require amendment to
reflect current state and local amended codes. Language definitions are also needed to provide for clear,
transparent public understanding. Chapter 2.40.010 requires clarification to recognize the position of fire
marshal, refine inspection programs and authorize interlocal agreements. The Board of County
Commissioners held a workshop on this subject on May 8, 2023.
ANALYSIS: The State Building Code Council has adopted new code cycles for many existing building
codes contained in JCC Title 15. The proposed language changes are designed to more clearly communicate
the meanings of some terms for enhanced public understanding. JCC Chapter 2.40.010 requires a language
change to recognize the position of fire marshal the incumbent of which is to be designated by the
department of community development director or by a designee.
The version of the ordinance being proposed today differs slightly from the one attached to the hearing
notice approved two weeks ago. The changes are not substantive and will be highlighted during the hearing.
FISCAL IMPACT: No fiscal impact to the county.However, those undertaking new projects may
experience higher costs in order to comply with the new code requirements.
RECOMMENDATION: Staff recommends that the Board conduct the public hearing and take possible
action.
REVIE ED BY:
Mark McCaule ounty Administrator Date
COUNTY OF JEFFERSON
STATE OF WASHINGTON
An Ordinance Adopting the 2021 )
Versions of the International Building )
Codes and Adopting New Exceptions; )
Amending the Definition of ) ORDINANCE NO. XX-XXXX-XX
Agricultural Building in Title 15; )
Adopting a Commercial Fire Inspection )
Program; Amending the Enabling )
Code of the Fire Marshal; and )
Amending Titles 2 and 15 of the )
Jefferson County Code
WHEREAS,the State of Washington establishes the State Building Codes as set forth
in RCW 19.27.031; and
WHEREAS, the Washington State Building Code Council ("SBCC") is a state agency
created by the Legislature to establish minimum building, mechanical, fire, plumbing, and energy
code requirements necessary to promote the health, safety, and welfare of the people of the State
of Washington; and
WHEREAS,the SBCC through rulemaking adopted new minimum international building
code requirements in 2022 ("2021 codes"), and the new minimum requirements are codified at
Chapter 51-50 WAC et seq.; and
WHEREAS, the SBCC voted on May 24, 2023 to delay the effective date for the 2021
codes to October 29, 2023; and
WHEREAS, it is necessary to amend Jefferson County Code to adopt the 2021 codes and
to protect the health, safety,and welfare of the citizens of Jefferson County pursuant to the general
police power granted to Jefferson County by the Washington State Constitution; and
WHEREAS, RC W 19.27.040 authorizes counties to amend state building codes, with
certain limitations ("local option"); and
WHEREAS, it is necessary to amend the local option portion of the building codes to
update the local option to meet the needs of Jefferson County residents; and
WHEREAS,the definition of agricultural building needs clarification in Title 15 JCC, to
ensure that building codes are clear and consistently enforced; and
WHEREAS, the Jefferson County Board of County Commissioners ("BoCC") and the
Jefferson County Fire Marshal wish to adopt a commercial fire safety inspection program to ensure
that commercial buildings and other premises meet fire safety standards necessary to protect
employees, occupants, and the public, and to provide legally mandated fire code enforcement, as
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required by the Washington State Fire Marshal's Office and chapter 51-54A of the Washington
Administrative Code; and
WHEREAS,the BoCC provided notice and held a public hearing on October 9, 2023 to
consider this ordinance.
NOW THEREFORE,BE IT ORDAINED:
Section 1. The BoCC hereby adopts the above"Whereas"clauses as Findings of Fact.
Section 2. JCC 2.40.010 is amended to read:
The Jefferson County director of the department of community development or their designee is
designated the fire marshal for Jefferson County.
Section 3. JCC 15.05.030 is amended as follows:
15.05.030 Adoption of national and state codes by reference.
The following codes, regulations, and statutes are adopted by reference in their current
form, or as hereafter may be amended, subject to the modifications and amendments set
forth below and in other sections of this chapter:
(1)Chapter 51-50 WAC — International Building Code. The International Building Code
as published by the International Code Council is adopted by reference with the
additions, deletions, and exceptions noted in the Washington Administrative Code;
(2) Chapter 51-51 WAC — International Residential Code. The International Residential
Code as published by the International Code Council is adopted by reference with the
additions, deletions, and exceptions noted in the Washington Administrative Code;
(3)Chapter 51-11 R WAC- Washington State Energy Code and amendments. The
Washington State Residential Energy Code and amendments adopted by the Washington
State Building Code Council, are adopted by reference with the additions, deletions, and
exceptions noted in this chapter of the Washington State Administrative Code;
(4)Chapter 51-1 IC WAC- Washington State Energy Code and amendments. The
Washington State Commercial Energy Code and amendments adopted by the Washington
State Building Code Council, are adopted by reference with the additions, deletions, and
exceptions noted in this chapter of the Washington State Administrative Code;
(5) Chapter 51-52 WAC— International Mechanical Code. The International Mechanical
Code as published by the International Code Council is adopted by reference with the
additions, deletions, and exceptions noted in the Washington Administrative Code;
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(6) Chapter 51-54A WAC— International Fire Code. The International Fire Code as
published by the International Code Council is adopted by reference with the additions,
deletions, and exceptions noted in the Washington Administrative Code;
(7)Chapter 51-55 WAC —Wildland Urban Interface Code. The Wildland Urban
Interface Code as published by the International Code Council 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.. The Uniform Plumbing Code,
published by the International Association of Plumbing and Mechanical Officials, is
adopted by reference with the additions, deletions, and exceptions noted in the
Washington Administrative Code;
Section 4. JCC 15.05.040 is amended as follows:
Chapter 1, Permits and Inspections, Section 105.2 of the International Building Code, Work
Exempt from Permit, is amended to include the following exemptions, which read as follows:
(1)#14. Minor construction and alteration activities to Group R3 and Group U
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 three thousand ($3,000) dollars in any twelve-month
period.
(2)#15. Agricultural building, which means a building or structure designed, constructed and
used exclusively to store farm implements, livestock, feed, or horticultural
products. Agricultural buildings shall be free-standing and located at least 10 feet from the
nearest structure, unless attached to another agricultural building. An agricultural building:
(a) shall not contain plumbing, unless necessary to maintain livestock;
(b) shall not contain a woodstove or other heat source, unless specifically
permitted;
(c) shall not be a place of human habitation;
(d) shall not be a place of employment where agricultural products are processed,
treated, or packaged;
(e) shall not be a place used by the public or to which the public is invited, unless a
building permit is obtained; and
(f) shall not be used for the storage of private automobiles, trucks, recreational
vehicles, or other vehicles which are not licensed as farm equipment.
The building official has exclusive discretion to determine whether a building or structure
qualifies as an agricultural building. A structure determined to be in violation will be
considered a structure subject to the building code.
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Section 5. A new section JCC 15.05.046 is enacted to read:
JCC 15.05.046 Commercial fire safety inspection program.
(1) Purpose. The purpose of the commercial fire safety inspection program is to ensure that
commercial buildings, and other premises and occupancy classes meet fire safety standards
necessary to protect employees, occupants, and the public: and to provide legally mandated fire
code enforcement, as required by the Washington State Fire Marshal's Office and chapter 51-
54A of the Washington Administrative Code.
(2) Inspection. The fire marshal shall develop a commercial fire safety inspection program to
ensure fire safety in commercial buildings, and other premises and occupancy classes which the
fire marshal determines should have periodic inspections to ensure fire safety. The fire marshal
or their designee shall conduct inspections of commercial buildings, and other premises and
occupancy classes in Jefferson County to ensure compliance with the International Fire Code, as
now or hereafter adopted and amended pursuant to Title 15 JCC. The fire marshal shall
determine the frequency of inspections based on the hazards associated with each type of
occupancy and as may be mandated by chapter 51-54A of the Washington Administrative Code.
(3)Authority to enter into interlocal agreements. The fire marshal is authorized to enter into
interlocal agreements and other contracts with fire districts, municipal governments, or other
private or public entities as may be mutually beneficial to implement an effective commercial
fire safety inspection program for Jefferson County.
(4) Fees. The fire marshal may collect reasonable fees to cover the cost of the commercial fire
safety inspection program. Fees shall be adopted pursuant to chapter 3.80 JCC.
Section 6. Severability. If any section, subsection, sentence, clause, phrase or section of this
Ordinance or its application to any person or circumstance is held invalid, the remainder of this
Ordinance or its application to other persons or circumstances shall be fully valid and shall not be
affected.
Section 7. Effective Date. Section 3 of this ordinance becomes effective on the date of adoption of
the 2021 International Building Codes by the Washington State Building Council. The remainder
of the ordinance is effective upon the date of adoption of this ordinance.
Section 8. SEPA Categorical Exemption. This ordinance is categorically exempt from the State
Environmental Policy Act under WAC 197-I 1-800 (19).
(SIGNATURES FOLLOW ON THE NEXT PAGE)
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APPROVED and ADOPTED this day of , 2023.
JEFFERSON COUNTY BOARD OF
COMMISSIONERS
Greg Brotherton, Chair
SEAL: Kate Dean, Member
Heidi Eisenhour, Member
ATTEST:
Carolyn Gallaway Date
Clerk of the Board
Approved as to form only:
t3AXbA.`-iLJ)•E& KA''4"- 09/29/2023
Barbara Dykes Ehrlichman Date
Civil Deputy Prosecuting Attorney
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