HomeMy WebLinkAboutHearing Notice DCD Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
FROM: Phil Cecere,Building Official, Fire Marshal
DATE: September 25,2023
RE: HEARING NOTICE re: An Ordinance Adopting the 2021 Versions of the
International Building Codes and Adopting New Exceptions; Amending the
Definition of 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
STATEMENT OF ISSUE:
The Jefferson County Code Tile 15 and Chapter 2.4 need amendment to reflect current state and
local amended codes. Language definitions are needed to be added for clear,transparent public
understanding. Chapter 2.40.010 requires a clarification to recognize the position of Fire
Marshal and refines inspection programs and establish ability to enter interlocal agreements. A
Board of County Commissioners (BoCC) workshop was previously held on May 8, 2023 for
this subject.
ANALYSIS:
The State Building Code Council has adopted new code cycles for many existing building
codes contained in JCC Title 15. Language proposed being added to JCC is to more clearly
communicate in plain language the meanings of some terms for public understanding. JCC
Chapter 2.40.010 requires a language change to recognize the position of Fire Marshal to be
designated from the Department of Community Development Director to a designee.
FISCAL IMPACT:
New construction projects will encounter more restrictive energy code requirements and may
have more upfront costs. Washington State has a mission of reducing fossil fuels and utilizing
efficient electrical energy, upfront costs will be realized in utility savings over the lifetime of
projects. The Wildland Urban Interface could have additional projects costs due to newly
mandated fire-resistant material requirements. These and other mitigation requirements have
been identified by the state as necessary for fire prevention and to reduce the spread in a fire
event.
RECOMMENDATION:
Staff recommends that the Board approve a public hearing and take possible action.
REVI
nt inders, Actin ty Administrator D to 11011
NOTICE OF PUBLIC HEARING
An Ordinance Adopting the 2021 Versions of the International Building Codes and Adopting
New Exceptions;Amending the Definition of 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
NOTICE IS HEREBY GIVEN that a public hearing is scheduled by the Jefferson County Board of
Commissioners for MONDAY, October 9, 2023 at 3:30 n.nL in the Commissioners' Chambers,
County Courthouse, 1820 Jefferson Street, Port Townsend, WA 98368 (HYBRID). Notice of said
hearing is to be published in the official newspaper of Jefferson County.
This hearing is to inform citizens of An Ordinance Adopting the 2021 Versions of the
International Building Codes and Adopting New Exceptions; Amending the Definition of
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
The information is available for viewing on the County website by clicking on:
www.co.jefferson.wa.us—Services—Laserfiche Web Portal—Board of Commissioners—BOCC Agenda
Packet—2023 Weekly Agenda Items— 10 October 2023 - 100923—Hearing re: DCD Ordinance Adopting
New Building Code
You are welcome to participate in this hearing. You will need to join the meeting by 3:30 p.m. using
the following methods: VIRTUALLY: Via the following Zoom, link:
hgps://zoom.us/i/93777841705, PHONE: Dial 1-253-215-8782 and enter access code: 937-7784-
1705#and press *9 to"raise your hand"to be called upon. Access for the hearing impaired can be
accommodated using Washington Relay Service at 1-800-833-6384,or IN-PERSON
To view documents or watch this meeting live with no participation, go to www.co.jefferson.wa.us
Follow the links under "Quick Links: Videos of Meetings: Today. " If you experience difficulties
joining the meeting or viewing documents please call 360-385-9100 to report any issues.
In addition,written testimony is also invited beginning on September 27 and October 9, 2023 at the end
of the Public Hearing, unless extended by the Board of County Commissioners. Written public testimony
may be submitted by Email to:jeffbocckco jefferson.wa.us You may view testimony received by
clicking here: www.co.jefferson.wa.us—Services—Laserfiche Web Portal—Board of County
Commissioners—BOCC Agenda Packets—2023 Weekly Agenda Items— 10 October 2023 —
100923
You can also Mail your testimony to: Jefferson County Commissioners' Office; P.O. Box 1220, Port
Townsend, WA 98368. Written testimony must be received by the Board of County Commissioners by
the end of the hearing testimony period.
Signed this 251h day of September, 2023.
JEFFERSON COUNTY BOARD OF COMMISSIONERS
Greg Brotherton, Chair 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.
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, RCW 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
match the 2021 codes and 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 building codes are clear and consistently enforced; and
WHEREAS, the BoCC and the 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
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mandated fire code enforcement, as required by the Washington State Fire Marshal's Office and
chapter 51-54A of the Washington Administrative Code; and
WHEREAS,the Jefferson County Board of County Commissioners (°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/4
amendments set forth he below and in other sections of this chapter:
(1) Chapter 51-50 WAC—International Building Code. The 2009 Edition f the
International Building Code as published by the International Conf renee of Building
^ems-Code Council is hereby 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 51-11R 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 51-11C 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;
(45) Chapter 51-52 WAC—International Mechanical Code. The 2009 Edition f the
International Mechanical Code as published by the International
O€€e-ials Code Council is hereby-adopted by reference with the additions, deletions, and
exceptions noted in the Washington Administrative Code;
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(36) Chapter 51-54A WAC—International Fire Code. The 2009 Edition of the
International Fire Code as published by the International Fire Coax insfit teCode Council
is hereby 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_and Uniform Plumbing Code
Standafds. The 200Q lRa:*".., 444 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) Gt,apteF 51 51 WAC C ice+ i Residential Code The 2009 Edition of the
_�✓Tc-rxapc c2Fl�irtl6iiarzcc�ta�2�lti-a�
laternational Resi enfial Code as published by the latemational Code Couneil is hereby
adopted by r-efer-enee with the exeeptiefis noted in the Washington Administr-ative Code;
pr-evided
> d S ,
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.
La#15. Buildings „ str,etti es o eeted o elusively for-the storage f f liyestee fog &er-
, � n„
implements, providing said str-uetur-es are; ffee standing, unless atiarahed to another agr-ieultural
. 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;
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(d) shall not be a place of employment where agricultural products are processed,
treated, or packaged;
O 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 buildingcode.
ode.
Section 5. A new section JCC 15.05.046 is enacted to read:
JCC 2.40.030 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. The Ordinance becomes effective upon October 29, 2023.
Section 8. SEPA Categorical Exemption. This ordinance is categorically exempt from the State
Environmental Policy Act under WAC 197-11-800 (19).
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(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 CMC Date
Clerk of the Board
Approved as to form only:
Barbara Dykes Ehrlichman Date
Civil Deputy Prosecuting Attorney
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