Chapter 15.04

The purpose of this article is to promote and protect the health, safety and welfare of the public by establishing minimum standards, consistent with the requirements of state law. (Ord. 9-2006 § 4; Ord. 1-2006 § 4)

15.04.050 International and Uniform Codes adopted.

The following codes, copies of which (with the exception of referenced state statutes) are on file with the San Juan County auditor, are hereby adopted, together with all of the regulations, provisions, penalties, conditions and terms included in those codes, as if fully set out in this article, and together with the changes and additions prescribed in SJCC 15.04.070.

A. International Building Code (IBC), 2003 Edition, published by the International Code Council, as amended and supplemented by the provisions of Chapter 51-50 WAC, together with Appendices C (Group U – Agricultural Buildings), E (Supplemental Accessibility Requirements), G (Flood Resistant Construction), H (Signs), and J (Grading).

B. International Residential Code (IRC), 2003 Edition, published by the International Code Council, as amended and supplemented by Chapter 51-51 WAC, except Chapters 11 and 25-42, and together with Appendices A (Sizing and Capacities of Gas Piping), B (Sizing of Venting Systems), C (Exit Terminals of Venting Systems), G (Swimming Pools, Spas and Hot Tubs), and J (Existing Buildings and Structures).

C. International Mechanical Code (IMC), 2003 Edition, published by the International Code Council, as amended and supplemented by the provisions of Chapter 51-52 WAC, except that the standards for liquefied petroleum gas installations shall be NFPA 58 (Storage and Handling of Liquefied Petroleum Gases) and ANSI Z223.1/NFPA 54 (National Fuel Gas Code).

D. International Fuel Gas Code, 2003 Edition, published by the International Code Council, except that the standards for liquefied petroleum gas installations shall be standards NFPA 58 (Storage and Handling of Liquefied Petroleum Gases), and ANSI Z223.1/NFPA 54 National Fuel Gas Code).

E. International Fire Code (IFC), 2003 Edition, published by the International Code Council, as amended and supplemented by the provisions of Chapter 51-54 WAC.

F. Uniform Plumbing Code (UPC), 2003 Edition, published by the International Association of Plumbing and Mechanical Officials, excluding Chapters 12 and 15, as amended and supplemented by the provisions of Chapters 51-56 and 51-57 WAC, together with Appendices A (Recommended Rules for Sizing the Water Supply System), B (Explanatory Notes on Combination Waste and Vent Systems), H (Recommended Procedures for Design, Construction, and Installation of Commercial Kitchen Grease Interceptors), and I (Installation Standards Table of Content), except those sections which are in conflict with state and local on-site sewage regulations.

G. Washington State Energy Code (WSEC), 2004 Edition, and reference Standard 29, published by the Washington State Building Code Council, as amended and supplemented by the provisions of Chapter 51-11 WAC. (Ref. Chapter 19.27A RCW)

H. Washington State Ventilation and Indoor Air Quality Code (VIAQ), 2003 Edition, published by the Washington State Building Code Council, as amended and supplemented by the provisions of Chapter 51-13 WAC.

I. Manufactured Home Installation Requirements, as adopted by the state of Washington in Chapter 296-150M WAC, together with the referenced standards. A manufactured home permit must be obtained from the County prior to development of property for a manufactured home, or the moving, delivery, or installation of a manufactured home. The administrative procedures of IRC Chapter 1, as adopted and amended by this article, shall apply to the administration of manufactured home permits.

J. Factory Built Housing and Commercial Structures Installation Requirements, as adopted by the state of Washington in Chapter 296-150F WAC, together with the referenced standards.

K. International Existing Building Code, 2003 Edition, published by the International Code Council, is adopted as an approved alternate code.

L. Washington State Historic Building Code, as adopted in Chapter 51-19 WAC.

M. The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition. (Ord. 9-2006 § 5; Ord. 1-2006 § 5)

15.04.060 Conflicting codes.

Wherever the adopted codes reference the International Plumbing Code, it will be interpreted to reference the Uniform Plumbing Code as adopted by the state of Washington. Wherever the adopted codes reference the International Electrical Code, ICC Electrical Code, or the Electrical Code, it will be interpreted to reference the National Electrical Code (NFPA 70) as adopted by the state of Washington. Wherever the adopted codes reference the International Energy Conservation Code, it shall be interpreted to reference the Washington State Energy Code.

In case of conflict between the requirements of adopted codes, the most restrictive and/or specific requirement shall apply. (Ord. 9-2006 § 6; Ord. 1-2006 § 6)

15.04.070 Amendments to codes.

Pursuant to authority granted by RCW 19.27.040 and 19.27.060 under the State Building Code Act, the following amendments to the International Codes are hereby adopted and apply within this jurisdiction.

A. The following is added to IBC 105.2 Permits, Work Exempt from Permit:

Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

Building:

14. A one story detached accessory building, used for tool, wood and other storage, miscellaneous small agricultural buildings, playhouses, or similar uses, provided:

(a) The projected roof area does not exceed 400 square feet, and the overall height does not exceed 16 feet, measured from 6 inches above the lowest natural grade point around the building to the highest point of the finished roof; and

(b) This exemption does not apply to signs; and

(d) Only one such building is constructed on any parcel; and

(e) The building is separated from all other structures by not less than six feet; and

(f) The building meets the property line and yard setback requirements of the San Juan County Code; and

(g) The owner has certified that the proposed building does not encroach on any easement or violate any plat restriction; and

(h) Providing a playhouse is not plumbed with water or connected to a sewage disposal system.

B. The following is added to IRC R105.2 Permits, Work Exempt from Permit:

Permits shall not be required for the following. Exemption from the permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction.

Building:

10. A one story detached accessory building, used for tool, wood and other storage, miscellaneous small agricultural buildings, playhouses, or similar uses, provided:

(b) This exemption does not apply to signs; and

(d) Only one such building is constructed on any parcel; and

(e) The building is separated from all other structures by not less than six feet; and

(f) The building meets the property line and yard setback requirements of the San Juan County Code; and

(g) The owner has certified that the proposed building does not encroach on any easement or violate any plat restriction; and

(h) Providing a playhouse is not plumbed with water or connected to a sewage disposal system.

C. IBC 105.2(6) Permits, Work Exempt from Permit, Building, is replaced as follows:

6. Uncovered platforms, walks, decks and driveways not more than thirty inches (30") above grade and not over any basement or story below.

D. IRC R105.2(5) Permits, Work Exempt from Permit, Building, is replaced as follows:

5. Uncovered platforms, walks, decks and driveways not more than thirty inches (30") above grade and not over any basement or story below.

E. IBC 108.2 and IRC R108.2 (Fees, Schedule of Permit Fees) are each amended to read:

On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required in accordance with the fee schedule adopted under separate resolution or ordinance by the County Council.

F. The following sentence is added to IRC R110.1 (Use and Occupancy):

No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.

A building permit card that has been signed by a building inspector after final inspection, will substitute for a Certificate of Occupancy.

Exception: Certificates of occupancy are not required for work exempt from permits under Section R105.2.

G. The following new section is added as IBC 3401.4 (General).

It will be presumed that buildings constructed prior to January 3, 1972, were legally constructed. Existing uses and occupancy of such buildings may be continued, provided the use or occupancy is not dangerous to life.

H. The following new section is added as IFC Section 105 (Permits) as follows:

1. All properties classified as Occupancy Group A, B, E, F, H, I, LM, M, S, R-1, R-2, and R-4 as defined in the IFC shall be subject to a Fire Code Operational Permit obtained from the fire code official (Office of the Fire Marshall and/or its designee). Said permit shall be issued pursuant to rules and procedures adopted by the Fire Code Board of Appeals established under SJCC 15.04.070(I).

2. Special Events and/or Temporary Shelters for Public Assemblage. Any person or organization wishing to conduct a fair, exhibit, trade show, or other special events, or use a temporary shelter as defined in IFC Sections 105.6.4 Carnival and Fairs; 105.6.14 Exhibits and Trade Shows; 105.6.35 Place of Assembly; 105.6.44 Temporary Membrane Structures, Tents, and Canopies; where the public is invited to attend with or without admission fee shall first obtain a Special Events and/or Temporary Shelters for Public Assemblage permit from the fire code official (Office of the Fire Marshall and/or its designee). Said permit shall be issued pursuant to rules and procedures adopted by the Fire Code Board of Appeals established under SJCC 15.04.070(I).

3. Outdoor or Open Burning. Any person or organization wishing to kindle or maintain an open fire on any public or private ground must first obtain an Outdoor or Open Burning permit from the fire code official (Office of the Fire Marshall and/or its designee). Said permit shall be issued pursuant to rules and procedures adopted by the Fire Code Board of Appeals established under SJCC 15.04.070(I).

I. The following new section is added, Adoption of IFC Appendix:

Appendix A of the International Fire Code, Board of Appeals.

(Ord. 9-2006 § 7; Ord. 1-2006 § 7)

15.04.080 Administration.

A. "Director" means the director of the San Juan County community development and planning department or his designee. If the County council, through an interlocal agreement pursuant to RCW 36.43.030 and 19.27.110, delegates responsibility for administration of fire codes to a fire protection district, the designated fire code official shall assume the responsibilities and authorities of the director with regard to enforcement of fire codes, including the collection of fees for services.

B. Unless otherwise delegated by the County administrator, the director shall administer and enforce the codes adopted in this article. The director may establish necessary administrative procedures including those for permit application and issuance, plan review, inspection, investigation, the maintenance of records, and the collection of fees. The director shall determine the items necessary for a complete application, and each application shall meet the minimum requirements established by RCW 19.27.095 and the adopted codes. Fees shall be as approved by resolution or ordinance adopted by the County council.

C. Interdepartment and Interagency Coordination. Prior to issuing permits, review and/or approval may be required from other agencies or departments with jurisdiction.

D. Correction of Existing Violations. Application for permits authorized by this article will not be accepted when there is a violation of County land use laws or building codes on the same parcel, except where the permit is required to obtain compliance. (Ord. 9-2006 § 8; Ord. 1-2006 § 8)

15.04.090 Violation.

A. Violation a Misdemeanor. In accordance with RCW 36.32.120(7) and 36.43.040, any person, firm or corporation found to have violated any provision of the International and Uniform Codes, as amended and adopted by the County council, or who continues to work after a "stop work order" has been issued, shall be guilty of a misdemeanor and, unless otherwise prescribed by law, shall be punished by a fine not to exceed $1,000, or by imprisonment not to exceed 90 days, or by both such fine and imprisonment. Each day of violation shall constitute a separate offense.

B. Civil Penalty. In addition to any other sanction or remedial procedure which may be available, the director may impose a civil penalty on any person, firm, or corporation who fails to conform to the terms of a permit, builds, or does other work without obtaining a permit required by the International and Uniform codes as amended and adopted by the County council. This penalty shall be up to $1,000 per day for each violation. Each day of continued work in violation shall constitute a separate offense.

Prior to imposing a civil penalty, the director must take reasonable action to notify the property owner and the person(s) responsible for the violation, in accordance with the following procedure:

1. Provide a written notice of violation to the person, firm or corporation responsible for the violation, and the owner of the property on which the violation is located, stating:

a. The facts and circumstances of the violation;

b. The chapter or code sections that are being violated;

c. The actions that must be taken to correct the violations;

d. A specific, reasonable time frame for correcting the violations; and

e. That a response is required within 21 days.

Notice may be provided by certified mail and regular mail (both), or by personal delivery.

2. If no response is received within 30 days of the date the notification of violation is mailed or personally delivered, or the violation(s) have not been corrected within the specified time frame, then the director may take action to impose a civil penalty. A written notice of penalty must then be provided via certified mail and regular mail, stating:

a. The facts and circumstances of the violation;

b. The chapter or code sections being violated;

c. The actions that must be taken to correct the violations;

d. The steps taken to provide notice of the violation;

e. The amount of the penalty;

f. The date the penalty is due;

g. Payment details, including to whom the penalty must be paid.

3. Within 30 days of receiving the notice of penalty, the person, firm, or corporation incurring the penalty may apply in writing to the director for remission or mitigation of the penalty. Upon receipt of the application, the director may remit or mitigate the penalty.

4. If the person, firm, or corporation is aggrieved by the decision of the director, they may appeal the decision to the hearing examiner. Such appeal shall be made within 30 days of the director’s decision, shall be in writing, and shall state with reasonable particularity the basis for the appeal.

5. If a penalty imposed by this section has not been paid within the specified time, and an appeal has not been filed, the matter will be referred to the prosecuting attorney for collection. The violator shall pay all costs of collection, including but not limited to reasonable attorney’s fees.

C. In addition to civil and criminal penalties, San Juan County may seek equitable relief from a court of competent jurisdiction, to restrain conduct in violation of this article, or to compel performance of duties established by this article. (Ord. 9-2006 § 9; Ord. 1-2006 § 9)

15.04.100 Application to rearranged codes.

If the building codes adopted by this chapter are rearranged, renumbered, or code designations are changed, the citations in this chapter shall be deemed to refer to the codes as rearranged or renumbered. (Ord. 9-2006 § 10(B); Ord. 1-2006 § 10(B))

Article II. Owner/Builder Provisions

15.04.500 Definitions.

"Accessory structure" means a structure that is incidental to and supports the use of the primary residence. Accessory structures include, but are not limited to, garages, carports, agricultural buildings and woodsheds, all being less than 1,000 square feet in area; decks and pumphouses; fences less than six feet in height; aboveground water tanks less than 5,000 gallons in capacity; and playhouses. Accessory structures cannot be inhabited.

"Appurtenant structure" means a structure that is necessarily connected to the use and enjoyment of a single-family residence. The use of an appurtenant structure supplements the primary residence and shall be considered habitable space for the purposes of this article. Appurtenant structures shall include, but are not limited to, studios, libraries, accessory dwelling units and/or guestrooms (internal, attached or freestanding). Appurtenant structures may be inhabited only if a permit for construction of a primary residence or accessory dwelling unit is concurrently applied for, approval for occupancy after a life safety inspection by the Permit Center and construction of the residence or accessory dwelling unit will commence within 12 months of permit approval.

"Dwelling unit" is, for the purpose of this article, any residence or appurtenant structure as defined herein, which contains living facilities, including provisions for sleeping, eating, cooking and sanitation, for not more than one family. Sanitation requirements which fulfill the intent of this article may be provided exterior to the dwelling unit if in compliance with SJCC 15.04.590(D)(1).

"Habitable space" is space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas are not considered habitable space.

"Owner/builder" means a natural person and members of that person’s immediate family working to build a residence for occupancy by the owner/builder, but shall not include corporations and their agents, partnerships and their agents, nonprofit corporations and their agents, and all persons who intend to construct a private residence for sale, lease, or rental to other persons. Property owners owning property as "tenants-in-common" may individually apply for an owner/builder permit; provided, that title is held by natural persons in their individual capacities and not by a corporation or other legal entity, that the individuals have no partnership relationship except to purchase property in common; and provided further, that density requirements of the Comprehensive Plan code are maintained and that such proposed construction does not amount to a level of use that would require legal division of the land.

Persons who are not contractors, agents, employees or other tradespeople working without compensation may help an owner/builder perform work on the residence.

"Residence," in addition to its ordinary meaning, means, for the purpose of this article, a dwelling unit occupied by the owner/builder and shall specifically not include accessory structures or structures which are used for commercial purposes, for providing services and goods for sale to members of the public, lodging to persons for compensation, or structures which are used in the manufacture of goods intended for sale to the public, except for home occupations as defined by Chapter 18.20 SJCC. (Ord. 21-2002 § 9; Ord. 14-2000 § 7(II); Ord. 80-1992)

15.04.510 Purpose.

The purpose of this article is to provide minimum requirements consistent with the general intent of the State Building Code as defined in RCW 19.27.020(4) and 19.27.160, for the construction of owner/builder residence and appurtenant structures in rural areas, to protect the public health and safety, while allowing for maximum flexibility as to design and materials employed. (Ord. 80-1992)

15.04.520 Structures and activities affected.

This article shall apply only to the construction, enlargement, conversion and alteration of owner-built residences and appurtenant structures. (Ord. 80-1992)

15.04.530 Applicability.

This owner/builder article applies only to unincorporated areas of San Juan County in the rural general, rural residential, rural farm-forest, agricultural resource, forest resource, conservancy and natural land use districts established by Chapter 18.30 SJCC. It does not apply within the boundaries of the unincorporated urban growth areas. (Ord. 14-2000 § 7(JJ); Ord. 80-1992)

15.04.540 Permit requirements for owner-built residences.

A. Any natural person may apply for an owner/builder permit for the construction, alteration or repair of a residence or appurtenant structure on property owned by the applicant in the County in accordance with the following requirements; provided that no more than one permit for an owner-built residence and only one permit for an appurtenant structure shall be issued to any owner/builder in any five-year period. The five-year permit limitation does not apply to alteration, repair, remodel or additions to an existing residence or appurtenant structure for which a permit has been issued under this article.

B. For the purpose of this section, an owner/builder owns property when he or she has recorded title to or is purchasing the property on a recorded real estate contract. To obtain a permit, the applicant shall first file an application in writing on a form furnished for that purpose by the building official. Every such application shall contain the following information:

1. Name and address of the applicant;

2. The address and location of the proposed structure including the tax parcel number(s) of the land on which it is to be located;

3. A plot plan indicating the location of the structure in relation to property lines and other structures;

4. One-quarter-inch minimum scale drawings, including foundation, floor plan, cross section view and all four exterior elevations. Any alteration to the approved plans that affect life safety requirements (SJCC 15.04.560), outside dimensions of the residence or other applicable codes must be submitted to the Permit Center. "As built" drawings shall be submitted to the Permit Center for informational purposes upon completion of the residence. Plans for exempt accessory structures are not required.

Plans for owner-built residences which exceed 4,000 square feet in size must be sealed by a registered Washington State architect or engineer per the requirements of RCW 18.08.410;

5. A permit for installation of sanitary facilities from the local health official;

6. An entry or access permit from the County engineer;

7. A statement indicating the applicant’s intention to build his/her residence in accordance with this article, and stating that the structure constructed under this permit will not be used at any time for any commercial purpose, with the exception of home occupations allowed pursuant to SJCC 15.04.500, and further stating that the structure constructed under this permit may not be sold, leased or rented except in conformity with the terms and provisions of this article;

8. A signed statement exempting the County from any liability;

9. A copy of proof of ownership by recorded title, deed or real estate contract;

10. Be able to substantiate and/or show proof, if necessary, that he/she is in compliance with all other laws pertaining to land use or shoreline use within the jurisdiction of San Juan County;

11. Provide documentation that the proposed residential structure will be served with an approved potable water supply in accordance with the requirements of 1990 Growth Management Act legislation and the State Building Code RCW 19.27.097. (Ord. 80-1992)

15.04.550 Recording of permits.

The owner/builder permit shall be notarized and shall be recorded with the County auditor by the building official and shall be notice running with the land that the structure was built, altered or remodeled under an owner/builder permit and that plans submitted were not reviewed for structural content; therefore, the residence and appurtenant structure may or may not be built pursuant to Uniform Building Code, hereafter referred to as UBC, standards. (Ord. 80-1992)

15.04.560 Life safety requirements.

A. Together with the owner/builder building permit, the building official shall issue to the applicant written life safety requirements which shall pertain to and only to:

1. The installation of and clearances needed to wood-burning stoves, ranges and stovepipes;

2. Window and door openings as needed for fire safety; and safety glazing materials as defined in RCW 70.89.010;

3. Installation of smoke detectors;

4. Guardrails and handrails on steps;

5. The installation of a fire-resistive assembly between residences and attached appurtenant or accessory structure(s).

B. Fire-resistive separation between a residence or appurtenant structures and accessory structures may be limited to the installation of materials approved for one-hour fire-resistive construction (typically one layer of 5/8 inch Type "x" sheetrock) on the accessory side of the wall assembly and if door access is required, a self-closing, tight fitting, solid wood door 1-3/8 inches in thickness.

C. "Life safety" may not be construed to require construction in conformance with UBC standards. At this time the owner/builder must also demonstrate his/her compliance with the energy code requirements. Occupancy of the owner/ builder home shall be allowed following life safety inspection and compliance. (Ord. 80-1992)

15.04.570 Accessory structures.

A. A statement of exemption is required; however, no permit, fee nor inspection pursuant to the UBC shall be required for construction of accessory structures typically defined in the UBC as Group M1 or M2 occupancy structures when they are accessory to a private residence or to be used for agricultural purposes; provided that such structure shall not be used for human habitation.

B. Such statement of exemption shall be reviewed by the Permit Center and health and community services departments for compliance with state and County laws. Accessory structure exemptions are unlimited as to number unless prohibited by land use density requirements as determined by the County planning department. (Ord. 80-1992)

15.04.580 Permit validity.

Permits issued for construction of structures shall be for a period of one year, renewable for four additional years; providing that the owner/builder complies with the provisions of this article. Construction, including all required life safety inspections under new permits, shall be completed within five years from date of issuance. If construction is not completed within five years, the owner/builder shall be required to obtain a new permit and also pay full permit fees. (Ord. 9-2006 § 10(A); Ord. 1-2006 § 10(A); Ord. 80-1992)

15.04.590 Inspections.

A. Other than as provided in this article, no inspection by the County building official shall be made of an owner/builder-constructed residence, appurtenant or accessory structure and Sections 305 and 306 of the UBC, 1988 Edition, shall not apply to owner/builder-constructed structures. The owner/builder shall arrange for the County building official to inspect said residence or appurtenant structure for life safety requirements prior to occupancy.

B. This subsection shall not be construed to limit inspections meant to insure compliance with other regulations or laws, such as plumbing, electrical, mechanical, sanitation and energy code requirements.

C. Any dwelling unit built using nonrenewable energy sources for heating will be required to meet energy code requirements as adopted by the state of Washington. The owner/builder will arrange and pay for energy code review and related inspections. Any additional inspections that an owner/builder desires can be arranged by appointment and payment of appropriate fees.

D. Structures built under an owner/builder permit may require successful completion of the following inspections:

1. Sanitary. Prior to the issuance of an owner/builder permit, a sanitary inspection and a sewage permit shall be required from the County health department. A pit privy shall be deemed in compliance with this article; provided potable water under pressure is not plumbed into any structure requiring a plumbing permit from the building department.

2. Life Safety. As defined in SJCC 15.04.560.

3. Energy. Energy Code review is required if a nonrenewable heat source such as electricity, gas, oil or wood is used to heat a residence or appurtenant structure. Accessory structures must meet state energy code requirements if heated. Wood as a source of fuel is considered nonrenewable. Owner/builders must comply with state energy code requirements unless exempted as follows:

a. The building or structure or portion thereof may be exempt; provided the building or structure does not exceed a peak design rate of energy usage of more than 3.4 BTU/hr per square foot, or 1.0 watt per square foot of floor area for heating requirements; and

b. The indoor design temperature for the residential structure is based on a minimum of 70 degrees Fahrenheit for heating and 78 degrees Fahrenheit for cooling; or

c. A renewable heat source is used, such as (1) solar radiation; (2) energy sources resulting from wind, waves and tides, lake or pond thermal differences; and (3) geothermal;

d. Existing Buildings. See SJCC 15.04.710 for exceptions from full Energy Code compliance.

4. Electrical. Owner/builders using electricity are not exempt from Washington State Department of Labor and Industry requirements and must obtain electrical permits and inspections per Title 19, Chapter 19.28 RCW, Chapters 296-46 and 296-401 WAC.

5. Plumbing. Any plumbing requires a plumbing permit unless expressly exempted by Uniform Plumbing Code Section 20.5. Any structure which has internal plumbing requiring potable water under pressure shall be provided with a "grey water" sewage system meeting County health department’s requirements and the requirements of the Uniform Plumbing Code pursuant to Chapters 10 and 11.

6. Mechanical. A mechanical permit and inspection(s) is/are required if mechanical devices are installed as defined in the Uniform Mechanical Code per Section 301(a) or as exempted per Section 301(b). (Ord. 80-1992)

15.04.600 Fees.

Repealed by Ords. 9-2006 and 1-2006. (Ord. 80-1992)

15.04.610 Limitation on use of owner-built structures.

No structure built under an owner/builder permit shall be sold, leased or rented until the following conditions have been met:

A. The County building official is notified in writing by the owner or his/her agent 30 days prior to the contemplated sale, lease or rental of the owner’s intentions.

B. Within 20 days following receipt of such notice, the County building official shall conduct an inspection of the premises and provide the owner or his/her agent with a list of all visible life safety deficiencies as prescribed above for life safety requirements. Successive rentals do not require separate inspections.

C. The owner or his/her agent shall, within 90 days after receipt of the County building official’s report, and prior to sale, lease or rental, correct all such deficiencies. The owner or his/her agent may request an extension of the 90-day period from the County building official. (Ord. 9-2006 § 10(A); Ord. 1-2006 § 10(A); Ord. 80-1992)

15.04.620 Setback requirements.

No structure built pursuant to this article shall be located closer than 10 feet to any property line. (Ord. 80-1992)

15.04.630 Notice to purchaser or lessee.

Before any agreement is made to sell, lease or rent any owner-built structure, the seller, lessor or landlord, or his/her agent, shall give the prospective purchaser, tenant or renter a written notice that the structure has been completed under the provisions of this article and may not meet all UBC standards. The notice is required not only at the first sale, lease or rental, but at all subsequent transfers of the structure. (Ord. 80-1992)

15.04.640 Liability.

Each owner/builder, purchaser, lessee or renter of an owner-built structure must file a statement with the building official stating, under penalty of perjury, that he/she is occupying or using the structure with the knowledge and understanding that the structure was not built pursuant to the UBC, and the statement should further indicate that this may create risks of injury or damage which the occupant freely assumes and from which the occupant holds the County, its officers, employees and agents harmless. The occupant shall also agree, as a condition of the new occupancy approval, to abide by all applicable conditions of the permit under which the structure was constructed. (Ord. 80-1992)

15.04.650 Hiring of professionals.

A. No owner/builder shall have work performed on any owner-built structure or accessory structure for compensation by any contractors, their agents, employees or other tradespeople; nor shall any person, firm, corporation acting as contractor, or any agent or employee, or any other tradesperson perform work on an owner-built structure or accessory structure for compensation, except as provided by this article, and as exempted by RCW 18.27.090 which allow compensation for any work or operation on one undertaking for which the aggregate price for labor and materials does not exceed $500.00.

B. Nothing shall be construed to disallow persons working without compensation to perform work on any residence, appurtenant or accessory structure.

C. An owner/builder may, however, employ licensed electrical contractors, licensed plumbing contractors, or septic tank and drainfield installers to work on a structure built under the owner/ builder permit, which work shall comply with and be conducted in accordance with the State Electrical Code, Uniform Plumbing Code, and other statutes, regulations and ordinances pertaining to septic tanks and drainfields. Wiring and other electrical work may be performed only by the permit holder or a licensed electrical contractor pursuant to RCW 19.28.120 and 19.28.610. (Ord. 80-1992)

15.04.660 Permanent record.

The building official shall keep a permanent record of owner/builder applications, plans, permits issued, and statements of exemptions which shall be open for public inspection and copying. (Ord. 80-1992)

15.04.670 Appeals.

Disputes over the meaning, application and enforcement of this article and review of any discretionary decision by the building official shall be appealed to the hearing examiner. Appeals under this article shall not be to the board of appeals as defined in UBC Section 204. (Ord. 10-2002 § 2; Ord. 80-1992)

15.04.680 Civil penalties.

A. Any person, firm or corporation who shall fail to conform to the terms of a permit issued under the owner/builder article provisions or who shall build or do other work without first obtaining the permit required under this owner/builder article provision, or any person, firm or corporation who shall otherwise violate any provision of this article shall be subject to a civil penalty not to exceed $1,000 for each violation. Each permit violation, or each day of continued work without a required permit, or each day of other violation shall constitute a separate violation.

B. The penalty provided for in this section shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person, firm or corporation incurring the same from the building official/fire marshal, describing the violation with reasonable particularity and ordering the act or acts constituting the violation or violations to cease and desist or, in appropriate cases, requiring necessary corrective action to be taken within a specific and reasonable time.

C. Within 14 days after notice is received, the person, firm or corporation incurring the penalty may submit in writing a request to the building official/fire marshal for remission or mitigation of such penalty. Upon receipt of this request the building official/fire marshal may remit or mitigate the penalty upon whatever terms the building official/fire marshal in his/her discretion deems proper.

D. In the event that a request for remission or mitigation has been received within 14 days, and the person, firm or corporation finds the determination of the building official/fire marshal unacceptable, appeal may be made within 14 days after the notice of determination. Such appeal shall be in writing to the hearing examiner and state with reasonable particularity the basis of the appeal.

E. If no request for remission or mitigation has been made, appeal shall be made within 14 days after the notice of violation. Such appeal shall be in writing and state with reasonable particularity the basis of the appeal. (Ord. 10-2002 § 3; Ord. 80-1992)

15.04.690 General penalty.

In addition to incurring civil liability, any person found to have wilfully violated any provisions of owner/builder article shall be guilty of a misdemeanor and shall be punished by a fine of not less than $25.00 nor more than $1,000 or by imprisonment in the County jail for not more than 90 days, or by both such fine and imprisonment. For any violation of a continuing nature, each day shall constitute a separate offense. (Ord. 80-1992)

15.04.700 Application to rearranged code.

Citations in this article to the Uniform Building Code (UBC), Uniform Mechanical Code (UMC), Uniform Plumbing Code (UPC) and Uniform Fire Code (UFC) are to the 1988 Editions. If the UBC, UMC, UPC and UFC are rearranged, sections renumbered, or code designation changed in later editions, the citations in this article shall be deemed to refer to the UBC, UMC, UPC and UFC as so rearranged, renumbered or amended. (Ord. 80-1992)

15.04.710 After-the-fact permit requirements.

Any owner/builder who has constructed a residence without previously securing the appropriate owner/builder permit, may apply for an after-the-fact permit. An after-the-fact permit will be approved by the building official, provided the applicant can satisfactorily demonstrate that the following conditions can be met and that fees have been paid in accordance with SJCC 15.04.600.

A. Permit applicant must demonstrate eligibility with all terms and conditions of these owner/builder provisions.

Exception: The subsequent purchaser of a residence previously built by an owner/builder without benefit of permit may be granted an owner/builder permit without having been the original builder. All other provisions of SJCC 15.04.500 are applicable.

B. Owner/builders who have built structures in excess of 4,000 square feet must provide certification of the building’s structural integrity by a licensed engineer or architect, per RCW 18.08.410. The owner/builder must hire licensed personnel, such as architects, civil or structural engineer, or other licensed individuals acceptable to the County, to certify in writing that the design of the structure erected is in compliance with applicable building codes and regulations. This document (certification) must accompany the after-the-fact building permit application and include any deficiencies and the acceptable corrective action.

C. A site evaluation inspection to determine compliance with this article and life safety inspection must be performed prior to occupancy. However, temporary occupancy or use may be continued; provided such occupancy or use does not threaten, jeopardize or endanger the safety,

public health or welfare of any individual or member of the general public. Fees for the life safety inspection will be as defined under SJCC 15.04.600.

D. Compliance with the requirements of the 1991 Washington State Energy Code (WSEC) shall be met as follows: Building envelope requirements shall be no less than those requirements in effect at the time of the initial construction of the residence.

Exception: The building official may approve designs of alterations or repairs which do not fully conform with all or the requirements of the Energy Code, where in the opinion of the building official full compliance is physically impossible and/or economically impractical. (WSEC Section 101.3.2) (Ord. 80-1992)

Chapter 15.04 CONSTRUCTION CODES ADOPTED

15.04.010 Title.

15.04.020 Authority.

15.04.030 Applicability.

15.04.040 Purpose.