10.06A.070 Type B permits—Permitted uses and requirements.

(a)    Type B permit transactions are activities which do not involve the physical disturbance of the right-of-way surface. This type of activity may involve the temporary disruption of pedestrian and vehicular traffic and/or access to private property. The activity may also require sheriff assistance, county inspections, and clean up of the right(s)-of-way used. Each activity requires the approval for specific routes, locations, dates, and time for the participants, public safety, and traffic control.

(b)    Type B permits are required for the movement of buildings and structures removed from their foundation or structures that exceed the limits set forth for annual and thirty (30) day permits and similar uses of county rights-of-way that require road closure. “Road closure” is defined as activities that require temporary closures of roads, streets, lanes, rights-of-way, or sidewalks for loading/unloading, construction, storage, or repair purposes.

(c)    Type B permits for building and structural movings are subject to the following additional terms and conditions:

(1)    Where a portion of the movement is on a state highway, the provisions of RCW 46.44.096 and any other applicable state statutes shall control if conflicting with the county code.

(2)    Permit applications shall be submitted fifteen (15) working days prior to the move of the structure or building. For good cause shown, the director of public works or his designee may allow an application within smaller time frames than described.

(3)    Persons or companies moving buildings and structures shall submit a certified copy of the current contractor’s license and current workmen’s compensation number at the time of the permit application demonstrating that the license will be current through the scheduled date(s) of the move.

(4)    All applications for a Type B permit shall have included location and vicinity maps for all portions of the use of the right(s)-of-way in Clark County. The maps provided shall be of the quality of the Clark County Road Atlas or better. The director of public works or his designee may require that the route be changed or altered in the interests of the protection of the public health, safety, and welfare, and/or to minimize potential damage to property, or to minimize potential traffic problems that may occur due to moving a building or structure.

(5)    Failure to use a person qualified to drive a commercial vehicle when the type of move or the permit require the use of a commercial vehicle may form the basis to suspend any permit that may have been issued and will revoke the permit unless the permittee appeals the decision to the director of public works within three (3) working days.

(6)    The application for a Type B permit shall include certificates of insurance that demonstrate appropriate insurance coverage through the date(s) of the use of the right(s)-of-way. The first certificate of insurance shall be a commercial general liability policy with minimum limits of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) general aggregate. The second certificate of insurance is an automobile liability policy covering “any auto owned or non-owned” with a minimum single limit of one million dollars ($1,000,000) per occurrence and, if an aggregate limit is in force, a minimum of one million dollars ($1,000,000) general aggregate limit available at the time of the building move. If any policy has an aggregate limit, the certificate of insurance must state that the minimum amount of per-occurrence coverage stated above is currently available at a time just prior to the permitted activity. If the insurance policies presented by the permittee contain a deductible amount for the liability portions of the policies, a bond, letter of credit, or cash must be posted equal to the amount of the deductible. The original certificate of insurance shall be delivered to the department of public works five (5) days prior to the established move date.

(7)    Two (2) way radio communications between the escort vehicles and the vehicle towing the building or other oversize structure or object shall be required and shall meet the state of Washington standards as set forth in WAC 468-38-210.

(8)    The application shall include a copy of the approved building permit which shows that the building to be moved has received approval from the building and planning divisions of the Clark County office of community development. In the event that the building is intended to be moved onto a bona fide contractor’s storage yard for temporary storage, as allowed under the Clark County Zoning Code, no building permit shall be required. However, the application shall include a copy of an approval letter from the Clark County planning division which states that the contractor’s storage yard is lawful. Houses placed on a site without meeting the requirements of this chapter may be moved or demolished by the county with the costs of such movement or demolition, including attorney’s fees and costs, to be paid by the property owner and/or the person who moved the building to the site without the proper authorization under this chapter.

(9)    Permit applicants shall be responsible for notifying residents and businesses on and near the route of the right-of-way, if the permit conditions require that no cars or obstructions be parked or otherwise placed along the route of the move, or if the permit use may interfere with any public service or has the potential to cause more than one thousand dollars ($1,000) property damage. It is the permit applicant’s responsibility to make any and all arrangements to have the streets, lanes, rights-of-way, and other thoroughfares cleared according to the permit conditions.

(10)    The permittee is responsible for providing all necessary escort cars, traffic control devices, and spotters as reasonably required by the department of public works on the permit. The permittee will be required to pay for any necessary patrolling by the sheriff and any work provided by the department of public works. The driver or a passenger in each escort car shall be a certified flagger, as set forth in Washington Administrative Code Section 48-38-150.

(11)    Arrangements for the disconnection and connection of any utilities or other facilities in the right-of-way shall be the responsibility of the permittee and any expenses in connection therewith shall be paid by the permittee. The permittee and/or permit applicant shall bring proof acceptable to the director of public works or his designee that demonstrates that the necessary arrangements with the utilities or other facilities have been made.

(12)    When submitting the application for a Type B permit, the person or company requesting the permit must provide a list of the equipment to be used. The permittee may be required to submit the vehicles and equipment to be used in moving a structure over the county right-of-way for inspection by the Clark County Sheriff’s office, Commercial Vehicle Enforcement section or the Washington State Patrol Commercial Vehicle Inspection Unit in order to ensure compliance with federal, state, and local regulation. The permit applicant shall provide proof of registration and insurance, in accordance with this chapter, for all vehicles and other registered equipment to be employed in the use of the county right-of-way. All dollies, trailers and other equipment to be used shall be licensed or properly permitted, inspected, and the equipment to be used shall be listed on the permit. Equipment failing to meet the requirements of this section may not be used to move the designated building or structure. Any changes in the equipment to be used after the permit issues shall require the written approval of the director of public works or his designee.

(13)    A permit to move a building or other structure shall not be granted if:

(A)    The building is too large to move without endangering persons or property in the county; or the weight of the building or structure would cause damage to the roadway;

(B)    The building or structure is in such a state of deterioration or disrepair or is otherwise so structurally unsafe that it cannot be moved without endangering persons or property in the county, in the opinion of the chief building official;

(C)    The applicant’s equipment is unsafe and persons and property would be endangered by its use;

(D)    Appropriate approval to locate on the new site, if within the county, has not been secured from the department of planning and community development or from any other jurisdiction if the building is to be moved from one (1) jurisdiction to another;

(E)    Such a move would be detrimental, as determined by the director of public works or his designee, to construction occurring on or near the proposed route of the move.

(14)    The permit applicant will provide a bond, letter of credit, or other security acceptable to the director of public works in the amount of one hundred thousand dollars ($100,000) for the costs incurred by the department of public works in accepting, authorizing, inspecting, or otherwise performing tasks the director of public works deems necessary to the movement of buildings and structures. After deducting costs incurred, the remainder will be tendered to the company issuing the bond or letter of credit, unless specific instructions are otherwise provided at least five (5) working days before the actual date of movement of the building or structure. (Sec. 1 of Ord. 1997-12-11)