HomeMy WebLinkAboutOrdinance 07-074-CCGRANT COUNTY BOARD OF COMMISSIONERS
Grant County, Washington
ORDINANCE NO. 07- c"4 -CC
RESOLUTION NO. 07-o,0 -CC
AN ORDINANCE AMENDING SECTION 14.04.050 GRANT
COUNTY CODE RELATING TO AMENDMENTS TO THE
INTERNATIONAL BUILDING CODE AND THE
INTERNATIONAL RESIDENTIAL CODE, EMPOWERING
GRANT COUNTY'S HEARING EXAMINER TO HEAR
APPEALS OF BUILDING DEPARTMENT DECISIONS,
RELATED ISSUES AND, OTHER MATTERS PROPERLY
RELATING THERETO.
RECITALS:
WHEREAS, in 2004, Grant County adopted the Washington State Building Code as cited in
Sec. 14.04.030 of the Grant County Code as its building code; and
WHEREAS, Grant County's building code currently is the adopted State Building Code,
subject to specified exclusions and/or additions; and
WHEREAS, pursuant to the adopted code, the current method for an aggrieved party to
appeal a decision of the Building Department function of the Department of Community
Development (DCD) in Grant County involves review by a board of appeals; and
WHEREAS, the DCD has encountered difficulty in arranging the services of willing and
qualified individuals to serve on the board of appeals; and
WHEREAS, Grant County currently contracts with an attomey to serve as its Hearing
Examiner for, inter alio., specified land use matters; and
WHEREAS, Grant County's Hearing Examiner is qualified, willing and able to provide
appellate review of lawfully challenged decisions of the Building Department functions of the DCD,
within the contemplation of the adopted codes and
WHEREAS, the DCD has recommended that Grant County empower its Hearing Examiner
with the authority to provide appellate review of lawfully challenged decisions of the Building
Department functions of the DCD, within the contemplation of the adopted codes; and
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WHEREAS, the Board of County Commissioners has found and determined that it is
reasonable, advisable and necessary for Grant County to amend its code to empower Grant County's
Hearing Examiner with the authority to provide appellate review of lawfully challenged decisions of
the Building Department functions of the DCD, within the contemplation of the adopted codes.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF GRANT
COUNTY, STATE OF WASHINGTON, THAT CHAPTER 14.04.050 CCC BE AMENDED
BY ADDING AMENDING THE IBC AND RBC BY SUBSITUTING A HEARING
EXAMINER FOR A BOARD OF APPEALS, TO HEAR CHALLENGES TO DECISIONS
OF BUILDING DEPARTMENT SECTION OF THE DEPARTMENT OF COMMUNITY
DEVELOPMENT.
Section 1. Grant County Code 14.04.050, adopted by Ordinance/Resolution No. 04 -090 -CC, on
July 1, 2004, is amended to read:
14.04.050 AMENDMENTS TO THE INTERNATIONAL BUILDING CODE AND THE
INTERNATIONAL RESIDENTIAL CODE
The following sections of the International Building Code and the International Residential Code
shall be modified to read as follows:
CHAPTER 1 ADMINISTRATION
1. (R) 105.2 building: 1. one story detached accessory structures used -as tool and storage sheds,
playhouses, and similar uses, provided the floor area does not exceed 200 square feet (11.15
m2).
2. (R) 105.2 building:.... Prefabricated swimming pools accessory to Group R-3 occupancy,
as applicable in Section 101.2, which are less than 24 inches (610 mm) deep, do not exceed
5,000 gallons (18925L) are installed in accordance with their label and listing and are entirely
above ground.
3. (R) 105.2, building: (new subsection) 14. Decks and landings accessory to Group R-3 as
applicable in Section 101.2 and Group U occupancies not more than 30 inches above grade.
4. (R) 105.3 Application for Permit. Sub para 5. Shall be modified to read as follows: Be
submitted on the form provided by the County.
5. (R) 108.3 Building permit valuations. Shall be modified to read as follows: for building
permit purposes, the Building Official shall make the determination of value or valuation
under any of the provisions of this code. The value to be used in computing the building
permit and building plan review fees shall be the total value of all construction work for
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which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing,
heating, ventilation and air conditioning (HVAC), elevators, fire extinguishing systems and
any other process or permanent equipment. Valuation shall be based on nationally recognized
standards.
6. (R) 108.6 Refunds. Shall be modified to read as follows: The Building Official may
authorize refunding of any fee paid hereunder which was erroneously paid or collected;
The Building Official may authorize refunding of not more than 80 percent of
the permit fee paid when no work has been done under a permit issued in
accordance with this code;
2. The Building Official may authorize refunding of not more than 80 percent of
the plan review fee paid when an application for a permit for which a plan
review fee has been paid is withdrawn or cancelled before any plan reviewing
is done; and
The Building Official shall not authorize refunding of any fee paid except on
written application field by the original permit applicant not later than 180
days after the date of fee payment.
7. (New section) (R) 108.7 All fees for permits issued pursuant to this Chapter shall be by
resolution of the Board of County Commissioners.
8. Section 112 (( HEARING EXAMINER
112.1 General. In order to hear and decide appeals of orders, decisions or determinations
made by the Building Official relative to the application and interpretation of this code, there
shall be and is hereby created a ((beafd of appeals))Hearing Examiner. The ((beard a
appeals)) Hearing Examiner shall be appointed by the governing body and shall hold office at
its his or her pleasure. The ((beard)) Hearing Examiner shall adopt rules of procedure for
conducting its business.
112.2 Limitations on authority. An application for appeal ... construction is proposed. The
((beard)) Hearing Examiner shall have no authority to waive requirements of this code.
112.3 Qualifications. The ((board of appeals shall consist of..,embe.,...,he are qualified b
experienee and training to pass en matters partaining to building constf�detion and are no
ampieyees )) Hearing Examiner shall be appointed solely with regard to
qualifications for the duties of such office and shall have such training or experience as will
qualify the Hearing Examiner to conduct administrative or quasi-judicial hearings utilizing
land use regulatory codes building and fire regulatory codes and life safety regulatory codes,
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and must have expertise and experience in planning and building and should have
knowledge or experience in at least one (1) of the following areas• "environmental sciences,
law, architecture economics or engineering." The person appointed as the Hearing
Examiner should have experience in drafting records of decisions which incorporate findings
of fact and conclusions of law. The Hearing Examiner shall hold no other elective or
appointive office or position with the County. The Hearing Examiner may be removed from
office by the BOCC at will.
9.00) Section 117 Moved Buildings
117.1 Moved buildings. No person shall move any existing building or structure within or
into the County without first obtaining from the Building Department a building permit.
117.2 Application for Building Permit: Every application for a building permit shall be in
writing upon a form furnished by the Building Department, and shall set forth such
information as may reasonably be required in order to carry out the purposes of this
chapter/section. Such information may include, but is not limited to:
A report of a pre -move inspection and investigation of the structure by the Building
Department
2. Photographs of the building or structure to be moved;
3. Report from a licensed pest control contractor stating the condition of the building as
to pest infestation;
4. Report from a registered engineer or architect stating the structural condition of the
building, and clearly indicating the steps to be taken to preserve/enhance said
condition.
17.3 Correction of Defects.
Before Issuance of Permit: If the building or structure to be moved fails to meet any of the standards
set forth in this chapter, but it appears to the Building Official that the deficiencies can be corrected,
the permit shall be issued only on condition that all deficiencies be corrected prior to the building
being moved.
1. In order to determine any matter regarding relocation of a building or structure, the Building
Official may cause any investigation to be made which he/she believes necessary.
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2. Terms and Conditions of Issuance: In granting a relocation permit, the Building Official may
impose such terms and condition as are necessary, in the opinion of the Building Official, to
ensure that its relocation will not be materially detrimental or injurious to the public safety or
welfare or to the property or improvements in the district to which the building is to be
moved, including, but not limited to, changes, alterations, additional or repairs to the building
or structure.
117.4 Fees.
1. Building permit. The fees for the building permit and plan review shall be based upon the
total value of the building or structure at its relocated site, using the same valuation formula
as used for new residential construction.
117.5 Expiration.
A relocation permit shall expire and become null and void if the moving of the building or structure
onto a permanent foundation is not completed within ninety (90) days form the date of issuance of
the permit.
10. ((9:)) Section 118 Demolition Permits.
118.1 No person shall effect any demolition of any building or structure or any part thereof
which is not exempted by Section 105.2 of the International Building Code without first
obtaining from the Building Department a demolition permit.
11. ((4-9:)) Section 119 Factory Assembled Structures
119.1 Permits. No person, firm or corporation as the owner, buyer, or vendor of a Factory
Assembled Structure or as manufactured home park management shall cause or permit any
Factory Assembled Structure to be located, placed or set within the County without having
first obtained the proper permits for placement.
119.2 Factory Assembled Structures, which are not new title sales, shall comply with Section
117 Moved Buildings, of this code.
CHAPTER 2 DEFINITIONS
202 Definitions. Add to definitions: Factory Assembled Structures. Shall be as defined by
Washington State Law.
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Section 2. This ordinance shall take effect the I" day of June, 2007.
A public hearing was held on the above ordinance/resolution at 9:30 o'clock a.m., on
the 10`h day of April, 2007.
NOW THEREFORE, BE IT RESOLVED AND ORDAINED THAT THE BOARD OF
COUNTY COMMISSIONERS adopt this ordinance/resolution.
PASSED AND ADOPTED this 10th day of April,. 2007..
ATTEST:
BOARD O FC O UNTYCOMMISSIONE RS
Yea Nay Abstain GRANTCOUN�UNTY,WASHINGTON
de ❑ ❑ Y�aL zi� �,
LeRoy C.li�Chair
❑ ❑
Richard B. Stevens, Vice Chair
ram ❑ ❑ I U
PUBLISHED: 03/26/07; 04/02/07
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