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HomeMy WebLinkAboutFS 2014-10-21 Item 2B - Ordinance - Residential Remodel PermitsTO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton, David Cline Finance & Safety Committee FROM: Jack Pace, Director of the Department of Community Development BY: Jerry E Hight, Building Official DATE: October 21, 2014 SUBJECT: A. Flat fee for residential remodels AND B. Expired permit finals ISSUE A. Should a flat permit fee for minor residential remodels be adopted in order to encourage homeowners to obtain permits for small projects and therefore receive needed safety inspections? B. Should a procedure be adopted that allows applicants to close out expired construction projects with a final inspection? BACKGROUND A. On occasion homeowners have not been financially motivated to apply for and receive a permit for their smaller projects. In doing so they miss out on the benefits of safety inspections for their water heater or furnace replacement, deck installation, and bathroom remodels. Not receiving proper inspections allows safety issues to go uncorrected. Example: An owner builds a small second floor deck and nails the deck ledger to the house, not using the code required lag bolts. The deck ledger could separate from the house the first time the owner has a party to show off their handiwork. B. The contact listed on the application receives several written notifications from the City that their permit is due to expire. If the applicant fails to request an extension while the permit is still active the permit expires. An expired permit cannot be "reactivated" and the applicant must start over to obtain a new permit. This requires the submittal of new project documents: plans, completed application, energy calculations, geotechnical reports, structural engineering, et cetera. The printing cost alone for new submittal documents can be extensive, not to mention redesign cost if the state codes have changed. The proposed procedure will allow the applicant to call for and receive a final inspection up to 180 days after their permit has expired. The absence of a final inspection can allow unsafe conditions to continue that would normally warrant corrections and so without this final check public safety may be jeopardized. DISCUSSION Adopting a modest, predetermined fee for minor residential remodels could help to encourage compliance with building codes and therefore improve public safety. Creating a streamlined process for closeout of expired permits could encourage applicants to get a final inspection, ensuring compliance with building codes and therefore improving public safety. RECOMMENDATION The Council is being asked to approve the ordinance and consider these items at the October 27, 2014 Committee of the Whole meeting and subsequent November 3, 2014 Regular Meeting. ATTACHMENTS Ordinance in draft form 13 14 DRIFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NOS. 2418 §1, 2402 §4, 2171 §1 (PART), AND 2121 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE SECTION 16.04.250, TO CREATE A FLAT FEE FOR PLAN REVIEW AND PERMIT FOR SIMPLE RESIDENTIAL PROJECTS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council seeks the safety of the citizens first and foremost; and WHEREAS, permits are required for certain home improvement projects; and WHEREAS, the City Council desires to lessen the financial impact for homeowners undertaking this work by creating a flat permit fee for simple residential projects that still ensures code compliance and required inspections; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC 16.04.250 Amended. Ordinance Nos. 2418 §1, 2402 §4, 2171 §1 (part), and 2121 §1 (part), as codified at Tukwila Municipal Code Section 16.04.250, "Procedures applicable to all construction permits," are hereby amended to read as follows: 16.04.250 Procedures applicable to all construction permits A. Permit and plan review fees applicable to all construction permits are listed in the most current permit fee resolution. B. Work covered without inspection or work not ready at the time of inspection may be charged a re- inspection fee at the hourly rate listed in the most current permit fee resolution. C. Work without a permit. Any person who commences work before obtaining the necessary permits shall be subject to an investigation fee. The investigation fee shall be equal to the established permit fee as set forth in the most current permit fee W: Word Processing \Ordinances \Flat permit fee for residential projects 10 -13 -14 JH:bjs Page 1 of 3 15 resolution. This fee, which shall constitute an investigation fee, shall be imposed and collected in all cases, whether or not a permit is subsequently issued. D. Fee refunds. The Building Official may refund any permit fee paid by the original permit applicant that was erroneously paid or collected. The Building Official may also authorize the refund of not more than 80% of the permit fee when no work has been done under a permit issued in accordance with the code. Where a plan review fee has been collected, no refund will be authorized once it has been determined that the application is complete and the plan review process has commenced. Refund of any permit fee paid shall be requested by the original permit applicant in writing and not later than 180 days after the date of fee payment. E. Expiration of Permits. All building, mechanical, plumbing, fuel gas piping and electrical permits shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after issuance or the work is suspended or abandoned for a period of 180 days after the time the work is commenced. The Building Official may grant one or more extensions for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. F. Expired Permit Final. A permit within 180 days of expiration may receive a final inspection provided a new permit application is completed and a fee is paid per the most current permit fee resolution. G. Residential remodel permits. Owner - occupied residential remodel permits for projects not exceeding $20,000.00 in valuation are eligible for a flat fee for the plan review and permit per the most current permit fee resolution. The valuation will be cumulative during a rolling one year period and projects that exceed the $20,000.00 limit will be subject to the standard permit fee schedule. All requirements for submittal documents and inspections are as required for a new house under this section; only the fee is reduced. H. Appeals. All references to Board of Appeals is amended as follows: Any person, firm or corporation may register an appeal of a decision or determination of the Building Official provided that such appeal is made in writing within 14 calendar days after such person, firm or corporation shall have been notified of the Building Official's decision. Any person, firm or corporation shall be permitted to appeal a decision of the Building Official to the Tukwila Hearing Examiner when it is claimed that any one of the following conditions exists. 1. The true intent of the code or ordinance has been incorrectly interpreted. 2. The provisions of the code or ordinance do not fully apply. 3. The decision is unreasonable or arbitrary as it applies to alternatives or new materials. 4. Notice of Appeal procedures shall be in accordance with TMC Section 18.116.030. W: Word Processing \Ordinances \Flat permit fee for residential projects 10 -13 -14 JH:bjs 16 Page 2 of 3 1G. Violations. Whenever the authority having jurisdiction determines that there are violations of this code, a written notice shall be issued to confirm such findings. Any Notice of Violation issued pursuant to this code shall be served upon the owner, operator, occupant or other person responsible for the condition or violation, either by personal service or mail, or by delivering the same to and leaving it with some person of responsibility upon the premises. For unattended or abandoned locations, a copy of such Notice of Violation shall be posted on the premises in a conspicuous place, at or near the entrance to such premises, and the Notice of Violation shall be mailed by registered or certified mail, with return receipt requested, to the last known address of the owner, occupant or both. JAI. Penalties. Any person, firm or corporation who shall willfully violate or fails to comply with a Notice of Violation is liable for the monetary penalties prescribed in TMC Section 8.45.100.A.2. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 3. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 4. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2014. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel Turpin, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Flat permit fee for residential projects 10 -13 -14 JH:bjs Page 3 of 3 17