Chapter 15.05
BUILDING CODES1
Sections:
15.05.020 Administration and enforcement of code.
15.05.030 Adoption of national and state codes by reference.
15.05.040 International Building Code amendments and clarifications.
15.05.045 International Fire Code amendments and clarifications.
15.05.046 Commercial fire safety inspection program.
15.05.060 Building permits – Department of community development.
15.05.070 Building permits – Department of public works.
15.05.080 Building permits – Washington State Department of Transportation.
15.05.090 Violations – Penalties.
15.05.100 Nuisance declaration.
15.05.110 Liberal construction.
15.05.010 Purpose.
The purpose of this chapter 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. [Ord. 3-98 § 2]
15.05.020 Administration and enforcement of code.
(1) The Jefferson County building official is charged with the administration and enforcement of the Jefferson County building code ordinance. The building official may retain necessary personnel, conduct inspections and investigations, issue 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.
(2) Administration of the International Fire Code Adopted in This Chapter. The fire marshal is charged with the administration and enforcement of the International Fire Code as well as any amendments thereof adopted in this chapter, and other duties as required by Chapter 2.40 JCC. The fire marshal’s duties and authority shall include:
(a) The fire marshal shall conduct fire plan review, fire inspections, and fire and arson investigation;
(b) The fire marshal shall investigate the cause, origin, and circumstances of fires and unauthorized releases of hazardous substances;
(c) The fire marshal shall assist and cooperate with the state fire marshal, private insurance companies, fire protection districts, and law enforcement agencies in the investigation of any fire;
(d) The fire marshal may issue any approvals of permits necessary for fire safety;
(e) The fire marshal shall enforce regulations and conduct activities related to fire prevention and fire safety, in coordination and cooperation with law enforcement agencies, fire districts, and other agencies within unincorporated Jefferson County;
(f) The fire marshal shall conduct all necessary enforcement action and proceedings pursuant to JCC Title 19 to enforce the International Fire Code as adopted by this chapter. In such actions and proceedings, reference in JCC Title 19 to “director” shall be a reference to the fire marshal or their designee, and reference to “department” shall be a reference to the department of community development; and
(g) The fire marshal may make an administrative determination regarding any matter essential for public safety of an existing or proposed activity, building or structure, or for the safety of occupants thereof, which is not specifically provided for by the International Fire Code. [Ord. 4-22 § 3; Ord. 3-98 § 3]
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 or 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 or 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;
(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;
(8) 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. [Ord. 5-23 § 3; Ord. 12-12 § 1]
15.05.040 International Building Code amendments and clarifications.
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, as permitted by RCW 19.27.060(7). 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 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.
(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.
(iii) “Greenhouse” is defined in the 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.”
(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 necessary for livestock or horticulture watering that does not require a septic system;
(iii) the building may contain a heat source for agricultural purposes, but must obtain a mechanical 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 vehicles that are not licensed or used as farm equipment.
A structure determined to be in violation of this exemption will be considered a structure subject to the building code. [Ord. 5-23 § 4; Ord. 12-12 § 2]
15.05.045 International Fire Code amendments and clarifications.
Chapter 1, Part 2, Section 103.2 of the International Fire Code is amended to read:
Section 103.2 Fire Marshal. The position of fire marshal exists within Jefferson County and every reference within this code to fire code official shall be a reference to the fire marshal. The fire marshal may delegate their duties as necessary to meet the requirements of this code.
[Ord. 4-22 § 4]
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 WAC.
(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 this title. 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 WAC.
(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. [Ord. 5-23 § 5]
15.05.050 Building permits – Department of health and human services – Environmental health division.
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 department of health and human services. The department of health and human services shall review applications to ascertain whether the property does or will have an adequate water and sewerage system. [Ord. 3-98 § 6.10]
15.05.060 Building permits – Department of community development.
(1) Development Review Division. No building permit shall be issued unless and until the application for the permit has been approved by the Jefferson County department of community development – development review division when such approval is required by ordinance.
(2) Building Division. Pursuant to RCW 19.27.097, each applicant for a building permit of a building necessitating potable water shall provide evidence of an adequate water supply for the intended use of the building. Evidence may be in the form of a water right permit from the Department of Ecology, a letter from an approved water purveyor stating the ability to provide water, or another form sufficient to verify the existence of an adequate supply. In addition to other authorities, the county or city may impose conditions on building permits requiring connection to an existing public water system where the existing system is willing and able to provide safe and reliable potable water to the applicant with reasonable economy and efficiency. An application for a water right shall not be sufficient proof of an adequate water supply.
(3) Time Limitation for Applications. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 90 days each. The total time period of such extensions shall not exceed 180 days; provided, that additional time extensions may be granted by the building official based on justifiable cause and written request of the applicant.
(4) Expiration. Every permit issued is valid for a period of one year from the date of issuance. The building official is authorized to grant, in writing, one or more extensions of time, for periods of up to one year each. The total time period for such extensions shall not exceed four calendar years in addition to the original one-year term of the permit. No permit shall be issued without payment of all fees due. Each extension shall be requested in writing and the applicant shall demonstrate justifiable cause for the extension(s). Any building permit that is otherwise valid upon the effective date of the ordinance codified in this section which has less than one year remaining on its last lawful extension of validity (as established by this section) will be eligible for one additional extension not to exceed one year. Any building permit that is otherwise valid upon the effective date of the ordinance codified in this section which has more than one year remaining on the extension(s) that can be lawfully requested with respect to that permit shall be entitled to not more than four more extensions of one year, but in no event shall any of the four extensions that may be granted with respect to such a permit in accordance with this provision make said permit valid past December 31, 2016. Additional time extensions of one year each beyond those authorized by this section may be granted by the building official based on written request of the applicant indicating justifiable cause or hardship. [Ord. 12-12 § 3; Ord. 3-98 §§ 6.20, 6.30]
15.05.065 Construction and life safety requirements for temporary housing facilities permitted under JCC 18.20.385.
The following requirements apply to any temporary housing facility permitted under JCC 18.20.385:
(1) A temporary housing facility, including all temporary structures, tents, RVs, tiny shelters, and common use structures, shall be subject to periodic inspections by the fire marshal per International Fire Code Section 104. An inspection of the entire site, including structures, as necessary, will be conducted prior to any extensions of the conditional use permit approval.
(2) Any temporary structure containing a sleeping area must contain one operable window that allows for user-controlled ventilation. The window must meet egress requirements and be located on a separate wall from the door. Alternatively, an outswing door allowing egress from the tiny shelter may be substituted for the operable egress window. If egress requirements are met by an outswing door, a landing appropriately sized for the swing of door is required, and a handrail must be provided if the landing is over 30 inches in height.
(3) Locks or latches on doors and windows that might inhibit an emergency escape from within the unit are prohibited. A single cylinder deadbolt lock or lever-handled door latch is permitted, as long as it does not require the use of a tool or key to lock or unlock it from inside the unit.
(4) Tents must have a minimum separation of 10 feet from other tents or structures, including but not limited to RVs, tiny shelters, and other buildings. If tents or other membrane shelters are made of fire-retardant material, they may have a minimum separation of five feet from each other or from other structures. Tiny shelters, RVs, and buildings require a minimum separation of five feet. If the site has a mix of tents, RVs, and tiny shelters, the most restrictive minimum separation between the two types applies. Separation distance is measured from the end of any protrusions from the structure such as awnings.
(5) Each temporary structure and any common use building must contain a combination smoke/carbon monoxide detector with 10-year lithium batteries. The operating entity shall ensure that all such detectors are properly placed and maintained.
(6) Each temporary structure and any common use building must contain a fire extinguisher with a minimum rating of 1-A:10-B:C. The operating entity shall ensure that all such detectors are properly placed and maintained. Fire extinguishers shall be inspected annually as required by the International Fire Code.
(7) The following items and activities are prohibited within or adjacent to any tent or tiny structure: any open flame including candles, burning of incense or other types of open flame or fuel gas appliances or other equipment, convection or toaster ovens, or hot plates. Microwaves are allowed. Cooking activities, outside the use of a microwave, are only allowed in an officially designated cooking area.
(8) The site plan shall include roadways throughout the site that provide adequate emergency response vehicle access and turnaround, including a hammerhead turnaround.
(9) If there is a gate to the temporary housing facility, an established Knox box with a master key will be provided for fire officials. If the buildings have locks, a master key to all units will be placed in a Knox box for fire officials.
(10) No smoking or vaping is permitted within any temporary structure as defined in JCC 18.10.200, including tents, RVs, tiny shelters, and any other structure designed to provide personal and private shelter to an individual or family. The operating entity must provide a separate dedicated smoking area which is strictly enforced at all times to reduce, minimize or eliminate impacts to adjacent property owners and occupants of the tiny structures.
(11) Combustible waste material shall be controlled in accordance with the current adopted International Fire Code Section 304.
(12) For any tiny shelter, an exterior porch light is required if dusk to dawn exterior lighting is not provided on the grounds of the temporary housing facility. The exterior porch light must be hard-wired with outlets.
(13) Any in-wall mounted heaters or freestanding heaters must meet national standards such as UL and auto-tilt shut off. All tiny shelters must be permanently affixed with an “Emergency Shelter” label on the door frame of each unit.
(14) Any tiny shelter must have a Class C interior fire rating (painted plywood) or drywall.
(15) There must be clear numbering of all individual units labeled on the exterior of unit.
(16) The fire marshal may determine that hazardous environmental conditions warrant the temporary restriction or prohibition of smoking or vaping per International Fire Code Section 310.8.
(17) All structures shall be provided with a landing, with steps and a handrail when necessary as specified in the International Building Code.
(18) Tiny shelters must have a door with a minimum opening of 32 inches.
(19) Common use structures like restrooms, bathing facilities or kitchens must be labeled by Washington State Labor and Industries or built to International Code requirements and permitted by Jefferson County. All emergency shelters will be supported by a temporary foundation as approved by the building official.
(20) Any tiny structure, or structure with more than one sleeping area, must be built to International Residential Code Appendix Q – Tiny Homes or be affixed with a label from Washington State Labor and Industries. [Ord. 5-22 § 4]
15.05.070 Building permits – 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 (Chapter 12.05 JCC), and any future amendments and/or revisions, and Chapter 36.75 RCW. [Ord. 3-98 § 6.40]
15.05.080 Building permits – Washington State 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 Chapter 47.50 RCW. [Ord. 3-98 § 6.50]
15.05.090 Violations – Penalties.
The enforcement provisions codified in JCC Title 19, Code Compliance, as currently enacted or as hereafter amended, shall apply to any alleged or found violation of this chapter. [Ord. 9-20 § 2 (Appx. B); Ord. 3-98 § 7.10]
15.05.100 Nuisance declaration.
Unless otherwise more specifically provided, any building or structure hereafter set up, erected, built, moved, or maintained, or any use of property now or hereafter contrary to the provisions of the Jefferson County building code ordinance, shall be declared unlawful and a public nuisance. Compliance with this chapter may be enforced by: (1) JCC Title 19, Code Compliance; or (2) an action or proceeding, brought by the Jefferson County prosecuting attorney in a court of competent jurisdiction, to abate, remove, and enjoin such nuisance. [Ord. 9-20 § 2 (Appx. B); Ord. 3-98 § 7.20]
15.05.110 Liberal construction.
The rule of strict construction shall have no application to this chapter; instead, this chapter shall be liberally construed in order to carry out the purpose and objectives for which it is intended. [Ord. 3-98 § 7.50]
Code reviser’s note: The provisions of Ordinance 3-98, as codified in this chapter, also appeared as Appendix A to Ordinance 11-00.