HomeMy WebLinkAboutCOW 2022-05-23 Item 4C - Ordinance - Construction Permits Update (TMC Section 16.04.250)COUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
Mayor's review
Council review
05/23/22
JH
06/06/22
JH
ITEM INFORMATION
ITEM No.
4.C.
STAFF SPONSOR: JERRY HIGHT
ORIGINAL AGENDA DATE: 5/23/22
AGENDA ITEM TITLE Revise TMC section 16.04.250.0 & E with new section F
CATEGORY ® Discussion
Mt Date 5/23/22
❑ Motion
AugtDate
❑ Resolution
Mtg Date
Ordinance
Alts Date 6/6/22
❑ Bid Award
Mtg Date
❑ Public Hearing
Altg Date
❑ Other
Mtg Date
SPONSOR ❑ Council ❑ Mayor ❑ Admin Svcs ® DCD ❑ Finance ❑ Fire ❑ P&R ❑ Police ❑ PW
SPONSOR'S
SUMMARY
Revision of TMC 16.04.250 Procedures applicable to all construction permits section E.
Expiration of permits and permit application to reflect two separate sections: E. "Expiration
of permits" and F. "Time limitation of permit applications" and revise C. "Work without a
permit." Revisions are for clarity and customer service.
REVIEWED BY
❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ® Planning & Community Dev.
❑ LTAC ❑ Arts Comm.
DATE: 5/16/22
❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: DELOSTRINOS-JOHNSON
RECOMMENDATIONS:
SPONSOR/ADMIN. Department of Community Development
COMMITTEE Unanimous Approval
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
$N/A
AMOUNT BUDGETED
$N/A
APPROPRIATION REQUIRED
$N/A
Fund Source: N/A
Comments: N/A
MTG. DATE
RECORD OF COUNCIL ACTION
5/23/22
6/6/22
MTG. DATE
ATTACHMENTS
5/23/22
Informational Memorandum with attachments (Updated)
Draft Ordinance (updated)
Minutes from the 5/16/22 Planning and Community Development Committee meeting
6/6/22
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City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Development & Neighborhoods
FROM: Nora Gierloff, Director Department of Community Development
BY: Jerry E. Hight, Building Official.
CC: Mayor Ekberg
DATE: May 16, 2022 (updated after the 5/16/22 PCD Committee meeting)
SUBJECT: Revising 16.04.250 Procedures applicable to all construction permits,
ISSUE
There is a need for clarity of permit requirements in 16.04.250 Procedures applicable to all
construction permits, in order to provide better customer service.
BACKGROUND
The time limitation of permit applications has caused concerns in the past when permit
applications have exceed the allowed 180 days and expired during plan review. Revising
section 16.04.250 E. Expiration of permits and permit applications, into two separate sections;
Expiration of permits and Time limitation of permit applications is required. This will clarify how
expiration of permits and the timelines of permit applications are to be address.
Section 16.04.250 C. Work without a permit, has also been clarified to reflect permits required
by the Washington State adopted codes are required prior to starting work or the permit fees will
be doubled.
DISCUSSION
Should council approve revising the TMC 16.04.250 Procedures applicable to all construction
permits section E. Expiration of permits and permit applications to reflect two separate sections:
E. Expiration of permits and F. Time limitation of permit applications and revise C. Work without
a permit.
FINANCIAL IMPACT
N/A
RECOMMENDATION
The Council is being asked to approve the adopting ordinance for the TMC 16.04 Revisions
at the May 23, 2022, Committee of the Whole meeting and subsequent June 6, 2022 Regular
meeting consent agenda.
ATTACHMENTS
Attachment A
Revised Ordinance of 16.04.250 in DRAFT Form
Revised Ordinance of 16.04.250 in Final Form
Note: A minor verbiage was changed in section 16.04.250 E requiring the applicant to call for
inspections to extend the permit; Each valid inspection requested by the applicant shall extend
the permit for an addition 180 days.
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ATTACHMENT "A"
16.04.250 Procedures applicable to all construction permits.
[Original] 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 in accordance with the permit fee schedule adopted by resolution of
the City Council. This fee, which shall constitute an investigation fee, shall be imposed and
collected in all cases, whether or not a permit is subsequently issued.
[New] C. Work without a permit. Any person who commences work before obtaining the
necessary permits required by the Washington State adopted codes to construct, enlarge, alter,
repair, move, demolish or change the occupancy of a building or structure, or to erect, install,
enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing
system, or to cause any such work to be performed, on a building, structure, before obtaining the
necessary permits shall be charged double the fee established by the fee schedule adopted by
resolution of the City Council.
Explanation: The new verbiage clarifies the fees and the type of work that requires a permit
prior to starting construction.
[Original] E. Expiration of permits and permit applications. All permits issued under the
Washington State adopted codes 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. Permits shall have an
inspection performed in order to continue to be valid for an additional 180 days. The Building
Official may grant a maximum of two permit extensions for periods not more than 180 days
each. It shall be the responsibility of the applicant to request a permit application extension. The
applicant shall request the extension in writing and demonstrate justifiable cause.
[Revised] E. Expiration of permits. Permits issued under the Washington State adopted codes
shall become invalid unless the work on the site authorized by such permit is commenced within
180 days after its issuance, or if the work authorized on the site by such permit is suspended or
abandoned for a period of 180 days after the time the work is commenced. An inspection shall be
requested for work that requires approval in order for the permit to continue to be valid for an
additional 180 days. The building official is authorized to grant, in writing, two extensions of
time, for periods not more than 180 days each. It shall be the responsibility of the applicant to
request a permit extension. The extension shall be requested in writing and justifiable cause
demonstrated.
Explanation: The new verbiage clarifies when permits expire and that the applicant is
responsible for requesting a permit extension. [The Permit Center does send a courtesy letter to
the applicant 30 days prior to expiration. However, the letter is sent to the applicant which could
be an individual that has since relocated and doesn't receive the letter.]
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[New] F. Time limitation of permit application. A permit application shall be submitted for
review under Washington State adopted codes for proposed work. If corrections are noted during
review of the application the Permit Center will issue a consolidated list of corrections from all
departments to the design professional in responsible charge identified on the application.
The applicant shall amend the documents and submit them to the Permit Center within 180 days
of the issuance of the consolidated list of corrections, or the application shall be deemed to have
been abandoned and shall expire. Each time the Permit Center receives amended documents
within the 180 -day time limit, the application will be amended for an additional 180 days before
expiration.
Expired permit applications cannot be renewed. To obtain a new permit a new permit application
shall be submitted along with required submittal documents and a new fee shall be paid in
accordance with the current permit fee schedule adopted by resolution of the City Council.
Explanation: Under the current 16.04.250.E expiration of permits and permit applications, some
permit applications expired during plan review. The new verbiage clarifies time limitations of
permit applications and action required for expired applications. Typically, an application for a
permit is submitted and goes through a review process within 180 days that ends with the
issuance of a permit, unless the applicant abandons the application.
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NOTE: Shaded text (in subparagraph E on page 2) denotes a
change made after the Planning and Community
Development meeting on May 16, 2022.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REVISING TUKWILA MUNICIPAL
CODE SECTION 16.04.250 TO CLARIFY REGULATIONS
REGARDING EXPIRATION OF CONSTRUCTION PERMITS,
TIME LIMITS ON CONSTRUCTION PERMIT APPLICATIONS,
AND ADDITIONAL FEES REQUIRED WHEN WORK IS
STARTED WITHOUT A PERMIT; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, existing time limitations on construction permit applications have
resulted in applications expiring during plan review; and
WHEREAS, Tukwila Municipal Code (TMC) Section 16.04.250 requires changes to
clarify regulations regarding expiration of construction permits and the time limitations of
construction permit applications; and
WHEREAS, changes to TMC Section 16.04.250 will also clarify that additional fees
are required when work is started without permits;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. TMC Section 16.04.250 Amended. Ordinance Nos. 2171 §1 (part)
and 2648 §4, as codified at Tukwila Municipal Code Section 16.04.250, "Procedures
applicable to all construction permits," are 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 shall be in
accordance with the permit fee schedule adopted by resolution of the City Council.
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 in accordance with the permit fee
schedule adopted by resolution of the City Council.
CC: Legislative Development\TMC 16.04.250 re permit expiration and time limitations strike-thru 5-17-22
JH:bjs Review and analysis by Barbara Saxton
Page 1 of 4
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C. Work without a permit. Any person who commences work before obtaining
the necessary permits required by the Washington State adopted codes and Tukwila
Municipal Code to construct, enlarge, alter, repair, move, demolish or change the
occupancy of a building or structure; or to erect, install, enlarge, alter, repair, remove,
convert or replace any electrical, gas, mechanical or plumbing system; or to cause any
such work to be performed on a building or structure before obtaining the necessary
permits shall be charged double the fee
investigation fee shall be equal to the established permit fee established in accordance
with the permit fee schedule adopted by resolution of the City Council. This fee, which
shall constitute an investigation fee, shall be imposed and collected in all cases,
whether or not a is subsequently isued.
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 and permit applications. All pPermits issued under
the Washington State adopted codes and Tukwila Municipal Code shall become invalid
unless the work on the site authorized by such permit is commenced within 180 days
after its issuance, or if the work authorized on the site by such permit is suspended or
abandoned for a period of 180 days after the time the work is commenced. Permits
- _ _ _ •• -. Each valid inspection requested by the applicant
shall extend the permit for an additional 180 days. n„ inspection shall be requested for
work that requires approval in order for the permit to continue to be valid for an
additional 180 days. The Building Official may is authorized to grant, in writing, a
maximum of two permit two extensions of time, for periods not more than 180 days
each. It shall be the responsibility of the applicant to request a permit application
extension. The applicant shall request the extension shall be requested in writing and
demonstrate justifiable cause shall be demonstrated.
F. Time limitation of permit application.
1. All proposed work under Washington State adopted codes and Tukwila
Municipal Code shall require a complete permit application, plans, and submittal
documents. All documents shall be submitted electronically. After each department
completes review of the submittal documents, the Permit Center shall return the
electronic plan, with corrections, to the applicant, as identified on the application, for
review and amendment.
2, The applicant shall then resubmit the amended electronic plan to the
Permit Center within 180 days of notification, or the application shall be deemed to have
been abandoned and shall expire. Each time the Permit Center receives amended
documents within the 180 day time limit, the application will be extended for an
additional 180 days before expiration.
CC: Legislative Development\TMC 16.04.250 re permit expiration and time limitations strike-thru 5-17-22
JH:bjs Review and analysis by Barbara Saxton
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Page 2 of 4
3. An expired permit application cannot be renewed and is not entitled to a
refund. In order to obtain a new permit, a new permit application shall be submitted
along with the required submittal documents and a new fee shall be paid in accordance
with the permit fee schedule adopted by resolution of the City Council, which may be
amended from time to time.
G. Reactivating expired permit for final. Expired permits that have
completed the inspection process and need only final inspection approval may be
reactivated. Reactivation shall require a new permit application, and the fee shall be in
accordance with the permit fee schedule adopted by resolution of the City Council. The
Building Official may grant one 30 -day extension to an expired permit for the purpose of
performing a final inspection and closing out the permit as long as not more than 90
days have passed since the permit expired. Provided no changes have been made or
will be made in the plans or scope of work, the 30 -day extension commences on the
date of written approval. If work required under a final inspection is not completed
within the 30 -day extension period, the permit shall expire.
. Owner -occupied residential remodel permits. Owner -occupied
residential remodel permits for projects not exceeding $20,000.00 in valuation are
eligible for a flat fee per the following:
1. The flat fee includes all permit and other associated fees in accordance
with the permit fee schedule adopted by resolution of the City Council.
2. The valuation will be cumulative during a rolling one-year period.
3. All requirements for submittal documents and inspections are as required
for a new house under this section; only the fee is reduced.
4. Projects that exceed the $20,000.00 limit will be subject to the standard
permit fees in accordance with the permit fee schedule adopted by resolution of the City
Council.
H . Appeals. All references to Board of Appeals are 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.
CC: Legislative Development\TMC 16.04.250 re permit expiration and time limitations strike-thru 5-17-22
JH:bjs Review and analysis by Barbara Saxton
Page 3 of 4
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f J. Violations. Whenever the authority having jurisdiction determines there are
violations of this code, a Notice of Violation 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.
K. 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 8.45.120.A.2.
Section 2. Corrections by City Clerk or Code Reviser Authorized. 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 , 2022.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
CC: Legislative Development\TMC 16.04.250 re permit expiration and time limitations strike-thru 5-17-22
JH:bjs Review and analysis by Barbara Saxton
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Meeting Minutes
City of Tukwila
City Council Planning & Community Development Committee
May 16, 2022 - 5:30 p.m. - Hybrid Meeting; Hazelnut Conference Room & MS Teams
Councilmembers Present: Cynthia Delostrinos Johnson, Chair; Kathy Hougardy, De'Sean Quinn
Staff Present: Brandon Miles, Derek Speck, Rachel Bianchi, Nora Gierloff, Laurel
Humphrey, Jerry Hight, Nancy Eklund
Chair Delostrinos Johnson called the meeting to order at 5:30 p.m.
I. BUSINESS AGENDA
A. Consultant Contract: Economic Development Plan
Staff is seeking Council approval of a contract with Community Attributes in the amount of
up to $50,000 for activities associated with the Economic Development Plan.
Committee Recommendation
Unanimous approval. Forward to May 23, 2022 Committee of the Whole.
B. Ordinance: Construction Permits
Staff is seeking Council approval of an ordinance that will revise the Building Code to clarify
and streamline procedures relating to construction permits. Chair Delostrinos Johnson
*referenced receipt of a comment letter from Segale Properties.
Item(s) for follow-up
• Provide language that clarifies permit extensions in response to the comment letter
• Consider email notification of upcoming permit expirations in addition to the 30- day letter
Committee Recommendation
Unanimous approval. Forward to May 23, 2022 Committee of the Whole.
C. Housing Types in Low Density Residential Zones - Recent Emails
Committee members and staff discussed issues around a property that has been operating as
a fourplex in a Low -Density Residential Zone without legal permits. Housing types will be
further evaluated as part of the Comprehensive Planning process, including potential grant
funding from the Department of Commerce.
Committee Recommendation
Discussion only.
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