HomeMy WebLinkAboutContinued Deliberations re Hearing Adopting the 2021 Versions JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
'Ward o County Commissioners
Mark McCauley, County Administrator
Carolyn Gallaway, Clerk of the Board
FROM: Phil Cecere, Building Official Fire Marshal
Josh D. Peters, AICP, Community Development Director
DATE: October 23, 2023
SUBJECT: Continued Deliberations re: 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 Fire Marshal and inspection programs
STATEMENT OF ISSUE:
Jefferson County Code (JCC) 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
public hearing on these proposed amendments on October 9, 2023, extending the comment period and
continuing deliberation on October 16. The Board requested clarification to the exemptions in the building
code for agricultural buildings and for minor construction and alteration activities.
ANALYSIS:
The State Building Code Council has adopted new code cycles for several existing building codes contained
in JCC Title 15. The proposed language changes are designed to 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 Community
Development Director.
Staff amended the version that Board discussed on October 16 to include clarification and additional detail
to the exemptions in the building code for agricultural buildings and for minor construction and alteration
activities. Among other modifications, the section on agricultural buildings now expressly includes
greenhouses. The definitions in that section are verbatim from state law and the adopted building code;
additional clauses are included to aid the Building Official in determining whether a particular structure
qualifies for the agricultural building exemption.
Staff amended the minor construction section to clarify that some types of permits are required for
life/safety purposes irrespective of the dollar amount threshold. Staff recommends a$3,000 threshold in
order to ensure that projects receive appropriate review to protect life/safety and manage risk. As the
exemption for minor construction is an optional provision under the adopted building codes, the dollar
threshold is within the Board's discretion to choose.
FISCAL IMPACT:
No fiscal impact to the county. However, new construction projects will encounter more restrictive energy
code requirements that may increase upfront costs. The state is determined to reduce the use of fossil fuels
and increase the use of clean and efficient electrical energy. Increased upfront costs can be recouped
through utility savings over the lifetime of projects. The Wildland Urban Interface could also result in
additional project 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 of fire during a fire event.
RECOMMENDATION: Staff recommends that the Board continue deliberations and take action on
the proposed ordinance.
REVIE BY:
. /4/ ./ ,_________,
Mark McCaul" 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, 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
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
1
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.Deliberations were continued on October 16,2023 and October 23,
2023.
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 Deleted:hciei,,
form,or as hereafter may be amended,subject to the modifications and,amendments set Deleted:
forthpelow and in other sections of this chapter: Deleted:helm
(1)Chapter 51-50 WAC—International Building Code.The Jnternational Building Code Deleted:2009 Edition of the
as published by the International Ck ' is,dopted by reference with the Deleted:Conference of Building Off oils
additions,deletions,and exceptions noted in the Washington Administrative Code; Deleted:hetebN
(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;
(,)Chapter 51-52 WAC—International Mechanical Code.The Jnternational Mechanical Deleted:
Code as published by the International t 1 isAdopted by reference with the Deleted: 2109 Edition of the
additions,deletions.and exceptions noted in the Washington Administrative Code; Deleted: onference of Building Officials
Deleted:hei
2
1 )Chapter 51-54A WAC—International Fire Code.The,International Fire Code as Deleted:3
published by the International,Code Council isidopted by reference with the additions, Deleted:2009 Edition of the
deletions,and exceptions noted in the Washington Administrative Code: Deleted:Fire Code Institute
I Deleted:hereby
(7)Chapter 51-55 WAC—Wildland Urban Interface Code. The Wildland Urban
Interface Code as published by the International Code Council is 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. Deleted: and Unifonn Plumbing Code Standards j
published by the International Association of Plumbing and Mechanical Officials,is Deleted:2009 Edition of the
adopted by reference with the additions,deletions,and exceptions noted in the Deleted:hereby
Washington Administrative Code:
Section 4. JCC 15.05.040 is amended as follows: Deleted:(5)Chapter W AC-International
Residential Code.The 2009 Edition of the International
Cha ter 1.Permits and Inspections,Section 105.2 of the International BuildingCode,Work Residential is Code as publishedte byby the a with the Code
p p Council is hereby adopted by reference with the
Exempt from Permit,is amended to include the following exemptions,which read as follows: exceptions noted in the Washington Administrative Code;
provided that Appendices R and S are not adopted;¶
(I)#14.Minor construction and alteration activities to Group R3 and Group U Deleted:(1)
Occupancies,as determined by the building official,for 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 exceedhree thousand,($.3,000)dollars in any twelve-month t Deleted:one
period. This exemption does not include: f,Deleted five hundred
Deleted:1.500 1
(a) Water heater permit;
(b) Re-roof permit;
(c) Mechanical permit;
(d) Life safety upgrades such as fire alarm modification or fire sprinkler
modifications;and
(e)Other permits determined necessary by the building official.
(2)#15.Buildings or structures(including greenhouses)that meet the following criteria: Deleted erected exclusively for the storage of livestock,
feed,and/or farm implements,providing said structures are:
(a)The building meets the definition of an`'agricultural structure.or a"temporary free standing,unless attached to another agricultural
growing structure-at RCW 19.27.015,or"greenhouse"as defined in subsection(c), building;do not contain plumbing,except as necessary to
below: maintain farm animals;do not contain a heat source,such as
a woodstove or electric heat,unless specifically permitted.
(i)"Agricultural structure"means a structure designed and constructed to house
farm implements,hay,grain,poultry,livestock,or other horticultural products.
This structure may not be a place of human habitation or a place of employment
where agricultural products are processed,treated,or packaged,nor may it be a
place used by the public.
3
(ii)"Temporary growing structure"means a structure that has the sides and roof
covered with polyethylene,polyvinyl,or similar flexible synthetic material and is
used to provide plants with either frost protection or increased heat retention.
(b)For purposes of implementing the definitions in subsection(a)above in Jefferson
county,the building must meet the following additional requirements:
(i)the building is free-standing and located at least 10 feet from the nearest
structure,unless attached to another agricultural building
(ii)the building may contain plumbing for a watering system necessary for
livestock or horticulture watering that does not require a septic system. An
exempt agricultural structure shall not contain plumbing related to human use and
occupation,such as for sinks,bathrooms,or kitchens;
(iii)the building may contain a heat source for agricultural purposes,but must
obtain a wood stove permit or an electrical permit as appropriate;
(iv)the building shall not be a place used by the public or to which the public is
invited,unless a building permit is obtained;and
(v)the building shall not be used for the storage of private automobiles,trucks,
recreational vehicles,or other vehicles which are not licensed as farm equipment.
(c) Agreenhouse is defined in the 2021 International Building_Code as"(al structure or
thermally isolated area of building that maintains a special sunlit environment used for
and essential to the cultivation,protection or maintenance of plants."
A structure determined to be in violation of this exemption will be considered a structure subject
to the building code.
,Section 5. A new section JCC 15.05.046 is enacted to read: Deleted:
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.
4
(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 197-11-800(19).
(SIGNATURES FOLLOW ON THE NEXT PAGE)
5
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:
Barbara Dykes Ehrlichman Date
Civil Deputy Prosecuting Attorney
6
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
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
1
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. Deliberations were continued on October 16, 2023 and October 23,
2023.
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 51-11R 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;
(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;
2
(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 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, for 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. This exemption does not include:
(a) Water heater permit;
(b) Re-roof permit;
(c) Mechanical permit;
(d) Life safety upgrades such as fire alarm modification or fire sprinkler
modifications; and
(e) Other permits determined necessary by the building official.
(2)#15. Buildings or structures (including greenhouses)that meet the following criteria:
(a) The building meets the definition of an"agricultural structure" or a"temporary
growing structure" at RCW 19.27.015, or"greenhouse" as defined in subsection(c),
below:
(i) "Agricultural structure" means a structure designed and constructed to house
farm implements, hay, grain,poultry, livestock, or other horticultural products.
This structure may not be a place of human habitation or a place of employment
where agricultural products are processed,treated, or packaged, nor may it be a
place used by the public.
3
(ii) "Temporary growing structure" means a structure that has the sides and roof
covered with polyethylene, polyvinyl, or similar flexible synthetic material and is
used to provide plants with either frost protection or increased heat retention.
(b) For purposes of implementing the definitions in subsection (a) above in Jefferson
county, the building must meet the following additional requirements:
(i)the building is free-standing and located at least 10 feet from the nearest
structure, unless attached to another agricultural building
(ii)the building may contain plumbing for a watering system necessary for
livestock or horticulture watering that does not require a septic system. An
exempt agricultural structure shall not contain plumbing related to human use and
occupation, such as for sinks, bathrooms, or kitchens;
(iii)the building may contain a heat source for agricultural purposes, but must
obtain a wood stove permit or an electrical permit as appropriate;
(iv)the building shall not be a place used by the public or to which the public is
invited, unless a building permit is obtained; and
(v)the building shall not be used for the storage of private automobiles,trucks,
recreational vehicles, or other vehicles which are not licensed as farm equipment.
(c) A greenhouse is defined in the 2021 International Building Code as "[a] structure or
thermally isolated area of building that maintains a special sunlit environment used for
and essential to the cultivation,protection or maintenance of plants."
A structure determined to be in violation of this exemption will be considered a structure subject
to the building code.
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.
4
(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 197-11-800 (19).
(SIGNATURES FOLLOW ON THE NEXT PAGE)
5
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:
Barbara Dykes Ehrlichman Date
Civil Deputy Prosecuting Attorney
6