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Kittitas County CodePrintable version...

Title 14 | BUILDINGS AND CONSTRUCTION

Chapters
14.04 Building Code
14.08 Flood Damage Prevention
14.12 Fire Resistant/Retardant Standards for Roof Coverings


Chapter 14.04
BUILDING CODE

Sections
14.04.010 Adoption of referenced codes.
14.04.020 Design requirements.
14.04.030 Building relocation - Applicant.
14.04.040 Mobile, manufactured, designated manufactured and modular homes.
14.04.045 Recreational Vehicles and Park Model Trailers.
14.04.046 Other factory built dwellings.
14.04.050 Dry cabins.
14.04.060 Fees.
14.04.070 Permits.

14.04.010 Adoption of referenced codes.
Kittitas County hereby adopts the following codes, as amended by the Washington State Building Code Council pursuant to RCW 19.27 for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures.

  1. The International Building Code (IBC), 2009 Edition, published by the International Code Council as adopted and amended by the State of Washington in Chapter 51-50 WAC; with the following adopted appendices and amendments:
    1. Appendices
      1. Appendix C: Agricultural Buildings
      2. Appendix H: Signs
      3. Appendix I: Patio Covers
    2. Amendments
      1. Section 105.2 Work Exempt from Building Permit.
        1. One story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet and is not used as habitable space. All accessory structures must meet all zoning and building setbacks, and must comply with the requirements of KCC Title 17A (Critical Areas) and KCC Chapter 14.08 (Flood Damage Prevention).
      2. Section 105.3.2 Expiration of Application
        1. If, after a plan review has been initiated, an application for building permit requires corrections, a letter will be sent notifying the applicant of those items necessary to complete the review of the application and that the application will expire 180 days from the date of notification if the corrections are not submitted. If expired, the application becomes null and void and the deposit is forfeited.
        2. After a plan review has been completed, a letter will be sent notifying the applicant that the permit is ready for issuance and that if not purchased 180 days from the date of notification, the application will expire. The Building Official is authorized to grant one extension, not to exceed 365 days. The extension shall be requested in writing, prior to permit expiration, and justifiable cause shall be demonstrated. Fees for extension shall be established by resolution. If expired, the application becomes null and void and, the deposit is forfeited. If a completed application expires and the deposit is less than the plan review fee, the applicant is responsible for any outstanding balance and an invoice will be sent to the property owner of record.
  2. The International Residential Code (IRC), 2009 Edition, published by the International Code Council as adopted and amended by the State of Washington in Chapter 51-51 WAC; with the following adopted amendments:
    1. Amendments
      1. Section R105.2 Work Exempt from Building Permit
        1. One-story detached accessory structures used as tool and storage shed, playhouses and similar uses, provided the floor area does not exceed 200 square feet and is not used for habitable space. All accessory structures must meet all zoning and building setbacks and must comply with the requirements of KCC Title 17A (Critical Areas) and KCC Chapter 14.08 (Flood Damage Prevention).
        2. Platforms, sidewalks and driveways not more than 30 inches above adjacent grade and not over any basement or story below.
      2. Section R105.3.2 Expiration of Application
        1. If, after a plan review has been initiated, an application for building permit requires corrections, a letter will be sent notifying the applicant of those items necessary to complete the review of the application and that the application will expire 180 days from the date of notification if the corrections are not submitted. If expired, the application becomes null and void and the deposit is forfeited.
        2. After a plan review has been completed, a letter will be sent notifying the applicant that the permit is ready for issuance and that if not purchased 180 days from the date of notification, the application will expire. The Building Official is authorized to grant one extension, not to exceed 365 days. The extension shall be requested in writing, prior to permit expiration, and justifiable cause shall be demonstrated. Fees for extension shall be established by resolution. If expired, the application becomes null and void and, the deposit is forfeited. If a completed application expires and the deposit is less than the plan review fee, the applicant is responsible for any outstanding balance and an invoice will be sent.
  3. The International Mechanical Code (IMC), 2009 Edition, published by the International Code Council as adopted and amended by the State of Washington in Chapter 51-52 WAC; including the adoption of and amendments to the 2009 International Fuel Gas Code (IFGC), the 2009 National Fuel Gas Code (NFPA 54) and the 2008 Liquefied Petroleum Gas Code (NFPA 58).
  4. The International Fire Code (IFC), 2009 Edition, published by the International Code Council as adopted and amended by the State of Washington in Chapter 51-52 WAC;  including those standards of the National Fire Protection Association specifically referenced in the International Fire Code: PROVIDED, that, notwithstanding any wording in this code, participants in religious ceremonies shall not be precluded from carrying hand-held candles. The following appendices and amendments are specifically adopted:
    1. Appendices
      1. Appendix B: Fire Flow for Buildings
      2. Appendix C: Fire Hydrant Locations and Distribution
      3. Appendix D: Fire Apparatus Access Roads
      4. Appendix E: Hazard Categories
      5. Appendix F: Hazard Ranking
      6. Appendix G: Cryogenic Fluids-Weight and Volume Equivalents
        In case of conflict among the codes enumerated in subsections 1, 2, 3, and 4 of this section, the first named code shall govern over those following.
    2. Amendments
      1. Chapter 45: Referenced Standards
        1. NFPA standard reference numbers as follows:
          1. NFPA13-07: "Installation of Sprinkler Systems" to replace prior edition NFPA13-02.
          2. NFPA13D-07: "Installation of Sprinkler Systems in One and Two-Family Dwellings and Manufactured Homes" to replace prior edition NFPA13D-02.
          3. NFPA13R-07: "Installation of Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height" to replace prior edition NFPA13R-02.
          4. NFPA72-07: "National Fire Alarm Code" to replace prior edition NFPA72-02.
  5. The Uniform Plumbing Code (UPC), 2009 Edition, published by the International Association of Plumbing and Mechanical Officials as adopted and amended by the State of Washington in Chapter 51-56 WAC and Chapter 51-57 WAC.
  6. The Washington State Energy Code, 2006 Edition, as set forth in Chapter 51-11 WAC.
  7. The International Property Maintenance Code (IPMC), 2009 Edition, as published by the International Code Council.
  8. The International Wildland-Urban Interface Code (IWUIC), 2009 Edition, as published by the International Code Council; with the following adopted appendices and amendments:
    1.  Appendices
      1. Appendix A: General Requirements
      2. Appendix B: Vegetation Management Plan
    2. Amendments
      1. Section 502.1 General. The fire hazard severity of building sites for all buildings hereafter constructed, modified or relocated into wildland-urban interface areas shall be established in accordance with table 502.1
        1. Critical fire weather frequency, in days per annum, for Kittitas County shall be determined by historical area data from the Northwest Interagency Coordination Center.
      2. Section 504. 5 Exterior Walls
        1. Exterior walls of buildings or structures shall be constructed with materials approved for a minimum of 1-hour fire resistance rated construction with ignition resistant siding or constructed with approved non-combustible materials.
      3. Section 505.5 Exterior Walls
        1. Exterior walls of buildings or structures shall be constructed with materials approved for a minimum of 1-hour fire resistance rated construction with ignition resistant siding or constructed with approved non-combustible materials.

(Ord. 2010-003, 2010; Ord. 2008-22, 2008; Ord. 2007-29, 2007; Ord. 2007-19, 2007; Ord. 2004-18, 2004; Ord. 98-23, 1998; Ord. 95-7, 1995; Ord. 93-4, 1993; Ord. 92-29, 1992; Res. 84-29, 1984)

14.04.020 General requirements.

  1. Conflict between Codes: Whenever there is a conflict between a Referenced Code in Section 14.04.010 of this code and the General Requirements contained in Section 14.04.020 of this code, the General Requirements shall apply.
  2. Table R301.2(1), Climatic and Geographic Design Criteria, of the International Residential Code, is amended as follows:

    Ground Snow Loadk Wind Speedd (mph) Seismic Design Categoryf Subject To Damage From Winter Design Temp.e Ice Shield Under-Layment requiredh Flood Hazardsg Air Freezing Indexi Mean Annual Tempi
    Weatheringa Frost Line Depthb Termitec
    Case Study (min. 30 Pf roof1 85 C, D0 and D1 are present2 Severe 24" Slight to Moderate 2° F Yes Date Entered Into NFIP: 9/1979
    Date of Current FIRM Maps Adopted: 5/5/1981 &
    1,000 – 2,000 50°F
    1 All snow loads will be determined by the Building Official.
    2 The seismic design category (between C & D1) will be determined on a site-specific basis.
    a Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index (i.e., "negligible", "moderate" or "severe") for concrete as determined from the Weathering Probability Map [Figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652.
    b The frost line depth may require deeper footings than indicated in Figure R 403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.
    c The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage.
    d The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [FigureR301.2(4)]. Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4.
    e The outdoor design dry-bulb temperature shall be selected from the columns of 97 1/2-percent values for winter. Deviations from the temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official.
    f The jurisdiction shall fill in this part of the table with the Seismic Design Category determined from Section R301.2.2.1.
    g The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction’s entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas), (b) the date(s) of the currently effective FIRM and FBFM, or other flood hazard map adopted by the community, as may be amended.
    h In accordance with Sections R905.2.7.1, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, for areas where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with "YES". Otherwise, the jurisdiction shall fill in this part of the table with "NO."
    i The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99%) value on the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32° Fahrenheit)" at www.ncdc.noaa.gov/fpsf.html.
    j The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table "Air Freezing Index-USA Method (Base 32° Fahrenheit)" at www.ncdc.noaa.gov/fpsf.html.
    k The Structural Engineers Association of Washington has conducted a case study (CS) for Washington State. This case study, titled "Snow Load Analysis for Washington", may be used to establish the ground snowload in all areas of Kittitas County in lieu of a site specific case study.
     
  3. Professional Preparation of Plans: Kittitas County shall require a Washington State licensed design professional, licensed under the provisions of RCW 18.08, WAC 308-12 (for Architects) or RCW 18.43 (for Engineers) to stamp, prepare or oversee the preparation of plans and calculations for buildings or structures when ANY of the following criteria are met but is not limited to the following:
    1. A building of any occupancy over 4,000 square feet.
      Exception: residential buildings that do not contain more than 4 dwelling units; farm buildings of any size associated with commercial agriculture; buildings such as garages, sheds, barn or shelters for animals and machinery that are used in connection with or auxiliary to farm buildings, or in connection with or accessory to residential buildings of four dwelling units or less.
    2. Buildings containing five or more residential dwelling units.
      Exception: buildings less than 4000 square feet.
    3. All log and timber frame structures and log and timber frame structural components. This includes any log or beam style trusses used in stick framed buildings.
    4. All structures located above 70-psf ground snow load that are regulated by the International Residential Code.
    5. All structures located above 50-psf ground snow load that are regulated by the International Building Code.
  4. Construction Plans: All submitted construction documents must be of sufficient detail and clarity to indicate the nature and extent of the work proposed. The amount of detail required will vary, depending on the nature and complexity of the project. The following minimum submittal standards for construction plans are as follows:
    1. Plans will be drawn to a minimum of 1/4" scale on appropriately sized paper with minimum 1" margins. Elevations may be 1/8" scale.
    2. Plans will be drawn on a minimum page size of 11" x 17".
    3. Plans must be on substantial paper, with clear and readable text. Minimum text sizes for hand-drawn plans should be 1/8" and 3/32" for CADD

    Without these minimum standards, an application cannot be accepted.

(Ord. 2010-003, 2010; Ord. 2009-15, 2009; Ord. 2008-22, 2008; Ord. 2007-29, 2007; Ord. 2004-18, 2004)

14.04.030 Building relocation - Applicant.

  1. Applicant must furnish to Kittitas County a bond, cashier's check or certified check in the sum of 1000.00 for houses and/or $500.00 for outbuildings in addition to hourly plan review fee and a $0.30 per square foot of usable space regardless of the classification of the structure. The applicant must also submit an application for placement of the structure following and adhering to the adopted permit process and code requirements. Bond funds will be held by Kittitas County until the following conditions are met:
    1. Appropriate inspections have been approved by the building department for setback requirements, foundation, structural, mechanical, plumbing, life safety, energy, ventilation and fire codes.
    2. Electrical approval shall be made by the Washington State Department of Labor and Industries.
    3. Final access approval must be made by the Kittitas County Department of Public Works prior to the issuance of a certificate of occupancy or use of the structure.
    4. Final approval for potable water and sewage disposal from the Kittitas County Environmental Health Department is required prior to the issuance of a certificate of occupancy or use of the structure.
  2. The structure must be completed as described in subsection (1) of this section within 365 days of the issuance of the building permit. If not completed, then the Building Official shall revoke the refund of the bond. This bond may then be utilized for the removal of the structure and any costs in excess of the bond amount shall be charged to the owner of record. The Building Official is authorized to grant one extension, not to exceed 365 days. The extension shall be requested in writing, prior to permit expiration, and justifiable cause shall be demonstrated. Fees for extension shall be established by resolution. If approved, any extension may occur only once.
  3. The bond shall be held for 10 days from the date of compliance pursuant to KCC 5.16.070.
  4. Refer to Chapter 5.16 KCC for definitions including other requirements for building relocation.

(Ord. 2010-003, 2010; Ord. 2008-22, 2008; Ord. 2007-29, 2007; Ord. 2004-18, 2004; Ord. 98-23, 1998)

14.04.040 Mobile, manufactured, designated manufactured and modular homes.

  1. Definitions:
    1. "Mobile home" is a factory built dwelling built prior to June 15, 1976, to standards other than the HUD Code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the State. Mobile homes have not been built since the introduction of the HUD Manufactured Home Construction and Safety Standards Act. A mobile home (pre June 15, 1976) from outside Kittitas County cannot be brought into Kittitas County; however, a mobile home may be moved from one site to another within Kittitas County if a fire & life safety inspection is first performed and approved by Washington State Department of Labor and Industries.
    2. "Manufactured home" is a single family dwelling built according to the Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act, which is a national, preemptive building code. A manufactured home also:
      • Includes plumbing, heating, air conditioning and electrical systems; and
      • Is built on a permanent chassis; and
      • Can be transported in one or more sections with each section at least eight feet wide and forty feet long when transported; or when installed on the site is three hundred twenty square feet or greater (see RCW 46.04.302).
    3. "Modular home" means a factory-assembled structure designed primarily for use as a dwelling when connected to the required utilities that include plumbing, heating and electrical systems contained therein, does not contain its own running gear and must be mounted on a permanent foundation. A modular home does not include a mobile home or manufactured home.
  2. All manufactured, mobile or modular homes shall meet area specific snow load requirements. Snow load requirements shall be determined in the same method utilized for stick framed homes by the Building Official. Homes located in manufactured home parks have the following options available:
    1. Place a unit that meets snow load requirements.
    2. The homeowner or manufactured home park owner shall provide a snow removal maintenance program for the home. Such maintenance program shall reasonably ensure that the home shall be safe and habitable under snow load conditions. The program shall be contained within an agreement approved by Kittitas County and shall hold Kittitas County harmless from any claims or damages caused by snow load failure of the home. The agreement shall be legally recorded with the Kittitas County Auditor.
    3. Construct a shelter or ramada that meets the snowload requirement. When a manufactured home requires a snow shelter or ramada; the permit for the shelter or ramada must be issued prior to or concurrent with the manufactured home placement permit. The shelter or ramada shall be completed within 90 days of the issuance of a manufactured home placement permit, regardless of status of the manufactured home permit.
    For homes located outside of mobile home parks option (b) is not applicable.
  3. All manufactured homes to be located in a Flood Hazard area shall comply with KCC Chapter 14.08 (Flood Damage Prevention).
  4. All manufactured homes located in a Wildland Urban Interface area, as determined by Kittitas County, shall comply with the provisions of the current adopted International Wildland-Urban Interface Code per KCC 14.04.010(10)
  5. All mobile and manufactured homes are State inspected dwellings and shall be placed on foundation systems that meet the requirements per the manufacturer's installation instructions or if the manufacturer is not specific, then to the standards listed in Chapter 296-150M WAC. All footings, foundations, skirting, landings, additions and other external appendages shall be inspected and approved by Kittitas County prior to occupancy.
  6. Mobile and manufactured homes may be placed on stands or blocked in accordance with the manufacturer's installation instructions and skirted with materials approved for ground contact or below grade applications. Either of these dwellings placed on a basement shall require engineering. All alterations to a mobile or manufactured home shall require a permit through Washington State Department of Labor and Industries.
  7. All modular home footings shall be designed by an engineer and specific to the home.
  8. Any additions to a mobile, manufactured or modular home shall be by separate permit through Kittitas County. An additional permit may also be required by the Washington State Department of Labor and Industries.

(Ord. 2008-22, 2008; Ord. 2007-29, 2007; Ord. 2004-18, 2004; Ord. 98-23, 1998; Ord. 80-2 § 3, 1980; Ord. 71-3 § 2, 1971)

14.04.045 Recreational Vehicles and Park Model Trailers.

  1. Definitions
    1. "Recreational vehicle" (RV) is a vehicular type unit designated as temporary living quarters for recreation camping, travel or seasonal use which has its own power or is mounted on or towed by another vehicle. The vehicle has a gross floor area of not more than three hundred twenty square feet. This definition includes vehicles such as travel trailers, camping trailers, truck campers and motor homes. An RV does not include a park model trailer for purposes of this section. A recreational vehicle is not considered a mobile or manufactured home and is not constructed to the International Building Code standards. A recreational vehicle has a green and silver insignia from the Department of Labor and Industries.
    2. "Park model trailer" A trailer designed to provide seasonal or temporary living quarters which may be used with temporary connections to utilities necessary for operation of installed fixtures and appliances. It has a gross trailer area not exceeding 400 square feet). A park model trailer does not include a modular home, a mobile home, or manufactured home.
  2. All Park Model Trailers shall meet area specific snow load requirements. Snow load requirements shall be determined in the same method utilized for stick framed homes by the Building Official. To meet the area specific snow load requirement they have the following options available:
    1. Place a unit that meets snow load requirements.
    2. The Park Model Trailer owner or manufactured home park owner shall provide a snow removal maintenance program for the home. Such maintenance program shall reasonably ensure that the home shall be safe and habitable under snow load conditions. The program shall be contained within an agreement approved by Kittitas County and shall hold Kittitas County harmless from any claims or damages caused by snow load failure of the home. The agreement shall be legally recorded with the Kittitas County Auditor.
    3. Construct a shelter or ramada that meets the snowload requirement. When a Park Model Trailer requires a snow shelter or ramada; the permit for the shelter or ramada must be issued prior to or concurrent with a Conditional Use Permit (CUP) that authorizes the extended use of a Park Model Trailer. The shelter or ramada shall be completed within 90 days of the issuance of a Park Model Trailer, regardless of status of the CUP.
  3. All Park Model Trailers located in a Wildland Urban Interface area, as determined by Kittitas County, shall comply with the provisions of the current adopted International Wildland-Urban Interface Code per KCC 14.04.010(10)
  4. All Park Models are State inspected dwellings and shall be placed on foundation systems that meet the requirements per the manufacturer's installation instructions or if the manufacturer is not specific, then to the standards listed in Chapter 296-150P WAC. All footings, foundations, skirting, landings, additions and other external appendages shall be inspected and approved by Kittitas County prior to occupancy.
  5. A Park Model Trailer may be placed on stands or blocked in accordance with the manufacturer's installation instructions and skirted with materials approved for ground contact or below grade applications. Otherwise the Park Model must be placed on a basement or poured concrete foundation and such placement shall require engineering. Alterations to a Park Model Trailer are prohibited.
  6. Additions to a Park Model are prohibited.
  7. An RV may not be used as a residence, except if it is a primary residence and is located in a manufacturer/mobile home community as defined in RCW 59.20.030 that was in existence before June 8, 2008. Such placement shall be conditioned upon meeting all the requirements placed upon a Park Models, mobile and/or manufactured home in the same location.
  8. Except as provide in 17.92.010, unless an RV is being used as a primary residence pursuant to subsection (7) above, an RV may be used for no more than four (4) weeks out of any six (6) weeks and shall be fully licensed and ready for highway at all times. An RV must be disconnected from utilities during the weeks that it is not in use.
  9. A Park Model Trailer must be connected to government approved utilities during use.
  10.  A Park Model Trailer may not be placed anywhere within the County, unless it is used as a primary residence and is located in manufactured/mobile home community as defined in RCW 59.20.030 that was in existence before June 8, 2008. Placement of Park Model Trailer is further restricted in KCC 14.08.295 and KCC 14.08.310. Additionally, such placement shall be conditioned upon meeting all the requirements placed upon a mobile and/ or manufactured home in the same location.

(Ord. 2010-002, 2010)

14.04.046 Other factory built dwellings.

  1. Factory built dwellings that are not certified as having been constructed to HUD Standards are prohibited.
  2. This section shall not apply to Mobile, manufactured, designated manufactured and modular homes as defined in KCC 14.04.040.
  3. This section shall not apply to Recreational Vehicles and Park Model Trailers as defined in KCC 14.04.045.

(Ord. 2010-002, 2010)

14.04.050 Dry cabins.

  1. Dry cabins may be utilized as recreational dwelling units and may be located only in those remote areas where electrical power is not available. They may be utilized for no more than 90 days per year. The Building Official shall make the final determination regarding locations that qualify. These cabins shall have the following requirements and/or restrictions:
    1. A permit shall be required including critical areas approval before construction proceeds. Structural aspects will be enforced as with any other permitted building. Fire and life safety issues such as roof covering, solid fuel or gas appliance location and installation and smoke detectors shall apply as with any other habitable structure.
    2. The usable floor space shall be no less than 121 square feet and no more than 800 square feet of living area and not more than 200 additional square feet of attached garage or accessory use area. If the cabin has a loft area that could be utilized for sleeping purposes it must have an egress window as defined in the current adopted edition of the IRC. If heated with propane or oil, minimum insulation requirements will be required.
    3. Dry cabins shall be provided with either a privy or composting toilet for which a permit will also be required from the Kittitas County Environmental Health Department.
  2. Only under special circumstances and by decision of the Building Official, in its entirety, shall decisions conflicting with this policy be made.
  3. Fees shall be determined by adopted resolution.
  4. Dry cabins may be constructed of alternative materials as approved by the Building Official. Factory assembled structures are not included in this category.
  5. Habitable dry cabins intended for recreational use may be unheated.
  6. Dry cabins located within the area designated as a Wild-Land Urban Interface area shall comply with the Wild-Land Urban Interface code with the following exception:
    1. Properties may be exempt from the sprinkler requirement, upon Fire Marshal approval. All other applicable Wild-Land Urban Interface Codes shall apply.

(Ord. 2010-003, 2010; Ord. 2008-22, 2008; Ord. 2007-29, 2007; Ord. 2004-18, 2004; Ord. 98-23, 1998)

14.04.060 Fees.

  1. All Kittitas County Community Development Service permit fees shall be established by resolution.
  2. Investigation Fees: Work without a Permit
    1. Whenever any work for which a permit is required by this code has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.
    2. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the building permit fee. This fee is an additional, punitive fee and shall not apply to the Permit Fees that may subsequently be issued. Payment of the investigative fee does not vest the illegal work with any legitimacy, nor does it establish any right to a Permit for continued development of that project. If the work done remains illegal for 90 days after service of the Stop Work Order, it shall be considered hazardous.
    3. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.
  3. Fee Refunds
    The Building Official may authorize the refunding of:
    1. 100% of any fee erroneously paid or collected.
      The Building Official shall not authorize refunding of any fee paid except on written application filed by the original permitee not later than 180 days after the date of fee payment.

(Ord. 2010-003, 2010; Ord. 2008-22, 2008; Ord. 2004-18, 2004; Ord. 98-23, 1998; Ord. 94-14, 1994; Res. 81-5, 1981; Res. 71-15, 1971; Res. 71-6, 1971; Ord. 71-3 § 5, 1971)

14.04.070 Permits.

  1. Except as specified in KCC 14.04.010 (work exempt from permit), no building or structure shall be erected, placed, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate permit for each building or structure has first been obtained from Kittitas County Community Development Services.
  2. The building permit or copy thereof shall be kept on the site of the work until the completion of the project.
  3. It shall be the duty of the permit holder or their agent to notify the building official that such work is ready for inspection. It shall be the duty of the person requesting any inspections required by this code to provide safe access to and means for inspection of such work.
  4. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or shall notify the permit holder or an agent of the permit holder wherein the same fails to comply with this code. Any portions that do not comply shall be corrected and such portions shall not be covered or concealed until authorized by the building official.
  5. 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 therefor 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 Kittitas County. Certificates presuming to give authority to violate or cancel provisions of this code or other ordinances of Kittitas County shall not be valid.
    1. Exception: Certificates of occupancy are not required for work exempt from permits.
    2. Exception: Certificates of occupancy are not required for accessory buildings or structures. (All structures require a final inspection).
  6. All permits shall expire by limitation and be declared void if any one of the following apply:
    1. Work is not started within 365 days of obtaining a permit.
    2. Work is abandoned for 365 days or more after beginning work.
    3. An inspection and approval of work completed has not been performed by Kittitas County Community Development Services for 365 days.
  7. The Building Official is authorized to grant one or more extensions, not to exceed 365 days per extension. The extension shall be requested in writing, prior to permit expiration, and justifiable cause shall be demonstrated. Fees for extension shall be established by resolution.
  8. If a permit has expired, a new permit may be obtained for one-half the amount of the original permit fee(s) for a new permit for such work, plus issuance fees and less plan review fees, provided no changes have been made or will be made in the original construction documents for such work, and provided further that the permit was reviewed under the current adopted codes. If the permit is renewed under a different code, a plan review must be completed and charged at the current rate. If construction has or, will, deviate from the original permit, a revisions permit must be submitted, approved and issued in addition to renewal of the expired permit. Fees shall be established by resolution.
  9. The Building Official, or designee, is authorized to perform a final inspection and issue a Certificate of Occupancy on an expired permit, provided that all inspections have been successfully completed except for the final inspection. The Building Official may require a re-inspection fee. A re-inspection fee shall be established by resolution.

(Ord. 2010-003, 2010; Ord. 2009-05, 2009; 2008-22, 2008; Ord. 2004-18, 2004; Ord. 98-23, 1998; Ord. 9414, 1994; Ord. 80-2 § 5, 1980; Ord. 71-3 § 6, 1971)

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Chapter 14.08
FLOOD DAMAGE PREVENTION*

Sections
Article I. Purpose and Definitions
14.08.010 Purpose.
14.08.015 Methods of reducing flood losses.
14.08.020 Definitions.

Article II. General Provisions

14.08.030 Lands to which this chapter applies.
14.08.040 Basis for establishing the areas of special flood hazard.
14.08.050 Compliance.
14.08.060 Abrogation and greater restrictions.
14.08.070 Interpretation.
14.08.080 Warning and disclaimer of liability.

Article III. Administration

14.08.090 Development permit required.
14.08.100 Designation of the administrator.
14.08.110 Application for development permit.
14.08.115 Elevation Certificates
14.08.120 Use of other base flood data.
14.08.130 Information to be obtained and maintained.
14.08.140 Alteration of watercourses.
14.08.150 Interpretation of FIRM boundaries.

Article IV. Variance Procedure

14.08.160 Appeal board.
14.08.170 Conditions for variances.

Article V. Provisions for Flood Hazard Reduction

14.08.180 General standards.
14.08.190 Anchoring.
14.08.195 (Deleted)
14.08.200 Construction materials and methods.
14.08.210 Utilities.
14.08.220 Subdivision proposals.
14.08.230 Review of building permits.
14.08.240 Specific standards.
14.08.250 Residential construction.
14.08.260 Detached accessory buildings (garages).
14.08.270 Nonresidential construction.
14.08.280 Critical facility.
14.08.290 Manufactured homes.
14.08.295 Recreational vehicles.
14.08.300 Floodways.
14.08.305 Wetlands management.
14.08.310 Standards for shallow flooding areas (AO Zones).

* *Prior legislation: Ords. 79-4, 81-3, 81-2, 82-4, 89-4.

Article I. Purpose and Definitions

14.08.010 Purpose.
It is the purpose of this chapter:

  1. To protect human life and health;
  2. To minimize expenditure of public money and costly flood control and flood relief projects;
  3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
  4. To minimize prolonged business interruptions;
  5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard;
  6. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas;
  7. To ensure that potential buyers are notified that property is in an area of special flood hazard;
  8. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions; and
  9. To administer the Washington State Floodplain Management Act (Chapter 86.16 RCW) and maintain Kittitas County's eligibility to participate in the National Flood Insurance Program. (Ord. 2001-03; Ord. 93-18 § 1, 1993).

14.08.015 Methods of reducing flood losses.
In order to accomplish its purposes, this chapter includes methods and provisions for:

  1. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
  2. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;
  3. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
  4. Controlling filling, grading, dredging, and other development which may increase flood damage; and
  5. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or may increase flood hazards in other areas. (Ord. 2001-03).

14.08.020 Definitions.
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter it's most reasonable application.

Appeal
A request for review of the county floodplain administrator's interpretation or application of any provision of this chapter or a request for a variance.
Area of shallow flooding
A designated AO, or AH Zone on the flood insurance rate map (FIRM). The base flood depths range from one to three feet, a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate, and velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding.
Area of special flood hazard
The land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letter A. Also referred to as "100-year floodplain" and "special flood hazard area."
Agriculture
"Agriculture" is the grazing, feeding, and watering of livestock; plowing, seeding, cultivation, and harvesting for the production of crops and pasture; soil and water conservation practices; the maintenance of farm or stock ponds, irrigation ditches, irrigation structures, drainage ditches, underground drainage systems, fences and farm roads, the control of noxious weeds or other generally accepted agriculture practices, and for purposes of this chapter does not include associated structures and/or appurtenances.
Base flood
The flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as the "100-year flood." Designation on maps always includes the letter A.
Base flood elevation
The computed elevation to which flood water is anticipated to rise during the base flood period. Base Flood Elevations (also referred to as BFEs) are shown on Flood Insurance Rate Maps (FIRMs) and on the flood profiles. The BFE is the regulatory requirement for the elevation or floodproofing of structures. Relationship between the BFE and a structure's elevation determines the flood insurance premium.
Basement
Any area of the building having its floor subgrade (below ground level) on all sides.
Best available information
In the absence of official flood insurance rate map data, communities can use data from other federal, state, or other sources provided this data has either been generated using technically defensible methods or is based on reasonable historical analysis and experience.
Breakaway wall
A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.
Critical facility
A facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, installations which produce, use or store hazardous materials or hazardous waste, and certain service facilities for utilities and special utilities (as defined under Chapter 17.61 KCC) as determined by the administrator.
Development
Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the areas of special flood hazard.
Elevated building
For insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns.
Existing manufactured home park or subdivision
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations.
Expansion to an existing manufactured home park or subdivision
The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).
Flood (or "flooding")
A general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation of runoff or surface waters from any source.
Flood insurance rate map (FIRM)
The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
Flood insurance study
The official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary-Floodway Map, and the water surface elevation of the base flood.
Floodway
The channel of a river or other watercourse and the adjacent land areas (a portion of the 100-year floodplain) that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
Lowest floor
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for building access in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements in KCC 14.08.250(2).
Manufactured home
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."
Manufactured home park or subdivision
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
New construction
Structures for which the "start of construction" commenced on or after the effective date of this ordinance codified in this chapter.
New manufactured home park or subdivision
A manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations.
Recreational vehicle
A a vehicle which is:
  1. Built on a single chassis;
  2. Four hundred square feet or less when measured at the largest horizontal projection;
  3. Designed to be self-propelled or permanently towable by a light duty truck; and
  4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
Riverine
Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
Start of construction
Includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
Structure
A walled and roofed building including a gas or liquid storage tank that is principally above ground.
Substantial damage
Damage of any origin sustained by a structure whereby the cost of restoring the structure to it's before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
Substantial improvement
Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either:
  1. Before the improvement or repair is started; or
  2. If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
  3. The term does not include either (i) any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or (ii) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
Variance
A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.
Water dependent
A structure for commerce or industry which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations.

(Ord. 2007-22, 2007; Ord. 2001-03; Ord. 93-18 § 2.0, 1993).

Article II. General Provisions

14.08.030 Lands to which this chapter applies.
This chapter shall apply to all areas of special flood hazards within the jurisdiction of Kittitas County. (Ord. 2001-03; Ord. 93-18 § 3.1, 1993).

14.08.040 Basis for establishing the areas of special flood hazard.
The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for the County of Kittitas County," dated November 5, 1980, and any revisions thereto, with an accompanying flood insurance rate map (FIRM), and any revisions thereto, are hereby adopted by reference and declared to be a part of this chapter. The flood insurance study and the FIRM are on file at the Community Development Services Department. The best available information for flood hazard area identification as outlined in KCC 14.08.120 shall be the basis for regulation until a new FIRM is issued which incorporates the data utilized under KCC 14.08.120. (Ord. 2007-22, 2007; Ord. 2001-03; Ord. 93-18 § 3.2, 1993).

14.08.050 Compliance.
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. (Ord. 2001-03; Ord. 93-18 § 3.3, 1993).

14.08.060 Abrogation and greater restrictions.
This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. 2001-03; Ord. 93-18 § 3.4, 1993).

14.08.070 Interpretation.
In the interpretation and application of this chapter, all provisions shall be:

  1. Considered as minimum requirements;
  2. Liberally construed in favor of the governing body; and
  3. Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. 2001-03; Ord. 93-18 § 3.5, 1993).

14.08.080 Warning and disclaimer of liability.
The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of Kittitas County, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this chapter or any administrative decision lawfully made hereunder. (Ord. 2001-03; Ord. 9318 § 3.6, 1993).

Article III. Administration

14.08.090 Development permit required.
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in KCC 14.08.040. The permit shall be for all structures including manufactured homes, as set forth in definitions (KCC 14.08.020), and for all development including fill and other activities, also as set forth in definitions (KCC 14.08.020). (Ord. 2001-03; Ord. 93-18 § 4.1, 1993).

14.08.100 Designation of the administrator.

  1. The Community Development Services director is appointed to administer and implement this chapter by granting or denying floodplain development permit applications in accordance with its provisions. The Community Development Services director shall also be responsible for interpretations of the flood insurance rate maps (FIRM), and floodplain and floodway field designations. The Kittitas County Community Development Services Department shall maintain and keep all files and related information regarding the county's National Flood Insurance Program eligibility.
  2. The director of Community Development Services shall be responsible for field verification of first floor elevations at the time of framing inspection, and all other special construction requirements contained in this chapter. Community Development Services shall also be responsible for ascertaining whether all building permits issued in areas within the 100-year floodplain comply with all of the special construction requirements of this chapter.
  3. The Kittitas County Community Development Services Planning and Building divisions shall review all development permits to determine that the permit requirements of this chapter have been satisfied; review all development permits to determine that all necessary permits have been obtained from those federal, state, or local government agencies from which prior approval is required.
  4. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the provisions of KCC 14.08.300 are met. (Ord. 2007-22, 2007; Ord. 2001-03; Ord. 93-18 § 4.2, 1993).

14.08.110 Application for development permit.
Applications for a building or floodplain development permit shall be made on forms furnished by Kittitas County and may include, but not be limited to, plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities, and the location of the following. Specifically, the following information is required:

  1. Elevation in relation to mean sea level of the lowest floor (including basement) of all structures;
  2. Elevation in relation to mean sea level to which any structure has been flood-proofed;
  3. Certification by a registered professional engineer or architect that the flood-proofing methods for any nonresidential structure meet the flood-proofing criteria in KCC 14.08.270; and
  4. Description of the extent to which a watercourse will be altered or relocated as a result of the proposed development. (Ord. 2001-03; Ord. 93-18 § 4.3, 1993).

14.08.115 Elevation certificates.
Flood elevation certificates will be required to be submitted to Community Development Services:

  1. For construction drawings prior to issuance of a building permit
  2. For a building under construction prior to scheduling of a framing inspection
  3. For finished construction prior to issuance of a Certificate of Occupancy (Ord. 2007-22, 2007)

14.08.120 Use of other base flood data.
When base flood elevation data has not been provided (A and V Zones) in accordance with KCC 14.08.040, basis for establishing the areas of special flood hazard, the Community Development Services director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer KCC 14.08.240 through 14.08.290, specific standards, and KCC 14.08.300, Floodways. The applicant for proposed developments where no base flood elevation exists shall conduct a site specific engineering analysis to determine a base flood elevation for the project site. (Ord. 2007-22, 2007; Ord. 2001-03; Ord. 93-18 § 4.4, 1993).

14.08.130 Information to be obtained and maintained.

  1. Where base flood elevation data is provided through the flood insurance study, FIRM, or required as in KCC 14.08.120, obtain and record the actual (as built) elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
  2. For all new or substantially improved flood-proofed structures where base flood elevation data is provided through the flood insurance study, FIRM, or as required in KCC 14.08.120:
    1. Verify and record the actual elevation (in relation to mean sea level) to which the structure was flood-proofed; and
    2. Maintain the flood-proofing certifications required in KCC 14.08.110(3).
  3. Maintain for public inspection all records pertaining to the provisions of this chapter.
  4. Professional land surveyors, engineers and architects shall be authorized to prepare elevation and floodproofing certificates for compliance with this chapter and the National Flood Insurance Program. (Ord. 2007-34, 2007; Ord. 2001-03; Ord. 93-18 § 4.5, 1993).

14.08.140 Alteration of watercourses.
The director of Community Development Services shall:

  1. Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
  2. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished. (Ord. 2007-22, 2007; Ord. 2001-03; Ord. 93-18 § 4.6, 1993).

14.08.150 Interpretation of FIRM boundaries.
Make interpretations, where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in KCC 14.08.160. (Ord. 2001-03; Ord. 93-18 § 4.7, 1993).

Article IV. Variance Procedure

14.08.160 Appeal board.

  1. The Kittitas County building appeals board as established by the county shall hear and decide appeals and requests for variances from the requirements of this chapter.
  2. The appeals board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the county in the enforcement or administration of this chapter.
  3. Those aggrieved by the decision of the appeals board or any taxpayer may appeal such decision to the Kittitas County superior court as provided by law.
  4. In passing upon such applications, the appeals board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and the following:
    1. The danger that materials may be swept onto other lands to the injury of others;
    2. The danger to life and property due to flooding or erosion damage;
    3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
    4. The importance of the services provided by the proposed facility to the community;
    5. The necessity to the facility of a waterfront location, where applicable;
    6. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
    7. The compatibility of the proposed use with existing and anticipated development;
    8. The relationship of the proposed use to the comprehensive plan and floodplain management program for the area;
    9. The safety of access to the property in times of flood for ordinary and emergency vehicles;
    10. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and
    11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
  5. Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation provided subsections (4)(a) through (k) of this section have been fully considered. As the lot size increases, the technical justification required for issuing the variance increases.
  6. Upon consideration of the factors of subsection (4) of this section and the purposes of this chapter, the appeals board may attach such conditions to the granting of a variance as it deems necessary to further the purposes of this chapter.
  7. Community Development Services shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.
  8. After the county has rendered an order either granting or denying a flood control zone permit, said order may be appealed to the Pollution Control Hearings Board pursuant to state law. (Ord. 2007-22, 2007; Ord. 2001-03; Ord. 93-18 § 4.8, 1993).

14.08.170 Conditions for variances.

  1. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section.
  2. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. Variance requests in the designated floodway shall be accompanied by a professional engineering analysis of the resultant base flood discharge.
  3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief and upon:
    1. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
    2. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, and create a nuisance.
  4. Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevation requirements should be quite rare.
  5. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of flood-proofing than watertight or dry-flood-proofing, where it can be determined that such action will have low damage potential, and comply with all other variance criteria.
  6. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (Ord. 2001-03; Ord. 93-18 § 4.9, 1993).

Article V. Provisions for Flood Hazard Reduction

14.08.180 General standards.
In all areas of special flood hazards, the following standards (set forth in KCC 14.08.190 through 14.08.230) are required. (Ord. 200103; Ord. 93-18 § 5.1, 1993).

14.08.190 Anchoring.

  1. All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
  2. All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors (reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques). (Ord. 2001-03; Ord. 93-18 § 5.1.1, 1993).

14.08.195 (Deleted).
(Ord. 2007-34, 2007; Ord. 2001-03).

14.08.200 Construction materials and methods.

  1. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
  2. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
  3. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (Ord. 2001-03; Ord. 93-18 § 5.1.2, 1993).

14.08.210 Utilities.

  1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
  2. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters.
  3. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
  4. New water wells shall be constructed in compliance with WAC 173-160-171.
  5. Fuel storage tanks shall either be elevated or anchored using methods and practices that minimize flood damage. (consistent with FEMA's "Protecting Building Utilities From Flood Damage" guidebook for techniques). (Ord. 2007-22, 2007; Ord. 2001-03; Ord. 93-18 § 5.1.3, 1993).

14.08.220 Subdivision proposals.

  1. All subdivision proposals shall be consistent with the need to minimize flood damage.
  2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
  3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
  4. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments and shall be noted on the final mylar.
  5. All subdivisions shall show on the face of both the preliminary and final plat, for either short or long plats, the boundary of the 100year floodplain and floodway. (Ord. 2007-22, 2007; Ord. 2001-03; Ord. 93-18 § 5.1.4, 1993).

14.08.230 Review of building permits.
Where elevation data is not available either through the flood insurance study, FIRM, or from another authoritative source (KCC 14.08.120), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above the highest adjacent grade in these zones may result in higher insurance rates. (Ord. 2001-03; Ord. 93-18 § 5.1.5, 1993).

14.08.240 Specific standards.
In all areas of special flood hazards where base flood elevation data has been provided (Zones A1-30, AH, and AE) as set forth in KCC 14.08.040, Basis for establishing the areas of special flood hazard, or KCC 14.08.120, Use of other base flood data, the following provisions are required. (Ord. 200103; Ord. 93-18 § 5.2, 1993).

14.08.250 Residential construction.

  1. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the base flood elevation.
  2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic and hydrodynamic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:
    1. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
    2. The bottom of all openings shall be no higher than one foot above grade.
    3. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.
  3. Because of hydrodynamic loads, below grade crawlspace construction is not permitted in areas with flood velocities greater than 5 feet per second unless the design is approved by a registered architect or licensed engineer.
  4. Any building utility systems within the crawlspace must be elevated above the Base Flood Elevation (BFE) or designed so that floodwaters cannot enter or accumulate within the system components during flood conditions. Ductwork, in particular must be located above the BFE or sealed to prevent the entry of floodwaters.
  5. Portions of buildings below the BFE must be constructed with materials resistant to flood damage. This includes any joists, pony walls, beams, posts, insulation, wall coverings, wall sheathing or other materials that extend below the BFE.
  6. The elevation of the interior crawlspace grade (inside of the foundation walls in crawlspace construction) must be at or above the lowest elevation of the exterior grade. Below-grade crawlspace foundations will be allowed only if all of the following conditions are met: (buildings that have below-grade crawlspaces may have higher flood insurance premiums than buildings that have the preferred crawlspace construction, with the interior elevation at or above the lowest adjacent exterior grade).
    1. The interior grade of the crawlspace (below the BFE) must not be more than 2 feet below the lowest adjacent exterior grade.
    2. The height of the below-grade crawlspace, measured from the interior grade of the crawlspace to the top of the crawlspace foundation wall must not exceed 4 feet at any point.
    3. There must be an adequate drainage system that removes floodwaters from the interior of the crawlspace. Possible options include natural drainage through porous, well drained soils and drainage systems such as perforated pipes, drainage tiles, gravel or crushed stone drainage by gravity, or mechanical means.
  7. Garages attached to a residential structure must have the floor elevated above the BFE or be constructed according to the following conditions:
    1. The walls must have openings designed to automatically equalize hydrostatic and hydrodynamic flood forces by allowing for the entry and exit of floodwaters. (See the requirements listed above for the residential structure per 14.08.250).
    2. All portions of the garage below the BFE must be constructed with materials resistant to flood damage. This includes any studs, walls, beams, posts, insulation, wall coverings, wall sheathing or other materials that extend below the BFE. (Ord. 2007-34, 2007; Ord. 2007-22, 2007; Ord. 2001-03; Ord. 93-18 § 5.2.1, 1993)

14.08.260 Detached accessory buildings (garages).
The following special provisions apply only to detached accessory structures used as garages to single-family residences. When an accessory structure represents a minimal investment, the elevation or dry flood-proofing standards need not be met. However, all other requirements applicable to structures will be applicable. A minimum investment shall be determined by the applicable guiding authority, or by appeal under the variance procedure and shall be determined, if necessary, on a case-to-case basis. However, as a general application, an expenditure for the accessory structure of not more than 10 percent of the value of the main structure shall be considered a minimal investment.

  1. Accessory structures shall not be used for human habitation and must be limited to parking and storage.
  2. Accessory structures shall comply with the foundation opening requirements in KCC 14.08.250(2).
  3. Accessory structures shall be constructed and placed on the building site so as to offer the minimum resistance to the flow of floodwaters.
  4. Accessory structures must be adequately anchored to prevent flotation, collapse, or lateral movement of the structure which may result in damage to other structures.
  5. Accessory structures must comply with floodplain encroachment provisions of this chapter and the National Flood Insurance Program.
  6. Service facilities such as electrical and heating equipment shall be elevated one foot or more above the base flood elevation.
  7. Applicants that elect not to elevate the lowest floor of accessory structures under the provisions of this section shall be notified that flood insurance premium rates may be increased as a result of this practice. The applicant shall be aware that flood insurance rates may be increased as a result of this practice, and a note stating such shall be included in the issuance of related permits. (Ord. 2007-34, 2007; Ord. 2007-22, 2007; Ord. 2001-03; Ord. 93-18 § 5.2.2, 1993)

14.08.270 Nonresidential construction.
New construction and substantial improvement of any commercial, industrial or other nonresidential structures, except detached accessory structures, shall either have the lowest floor, including basement, elevated one foot or more above the base flood elevation; or, together with attendant utility and sanitary facilities, shall:

  1. Be flood-proofed so that below one foot above the base flood level the structure is watertight with walls substantially impermeable to the passage of water.
  2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.
  3. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be provided to the official as set forth in KCC 14.08.130(2).
  4. Nonresidential structures that are elevated, not flood-proofed, must meet the same standards for space below the lowest floor as described in KCC 14.08.250(2).
  5. Applicants flood-proofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the flood-proofed level. (Ord. 2001-03; Ord. 93-18 § 5.2.3, 1993).

14.08.280 Critical facility.
Construction of new, critical facilities shall be located outside the limits of the special flood hazard area. However, new construction and substantial improvement of both new and existing critical facilities shall be permissible within the 100-year floodplain, provided no feasible alternative site is available, and provided the facility's nature is related to or necessitates a riverine location (such as municipal water and sewer pump stations and related treatment facilities).

  1. Critical facilities shall have the lowest floor elevated three feet or more above the base flood elevation; and
  2. Flood-proofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters; and
  3. Access routes to critical facilities shall be elevated to or above the base flood elevation to the extent possible. (Ord. 2001-03; Ord. 93-18 § 5.2.4, 1993).

14.08.290 Manufactured homes.

  1. All manufactured homes to be placed or substantially improved on sites:
    1. Outside of a manufactured home park or subdivision;
    2. In a new manufactured home park or subdivision;
    3. In an expansion to an existing manufactured home park or subdivision; or
    4. In an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as the result of a flood; shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot or more above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement in accordance with KCC 14.08.190(2).
  2. Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision that are not subject to the above manufactured home provisions be elevated so that either:
    1. The lowest floor of the manufactured home is elevated one foot or more above the base flood elevation; or
    2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (2007-34, 2007; Ord. 2001-03; Ord. 93-18 § 5.2.5, 1993).

14.08.295 Recreational vehicles.

  1. Recreational vehicles as defined in KCC 14.04.045 shall not be parked in a Flood Hazard Area from January 1st until the Wednesday before Memorial Day and again from November 15th through December 31st. The prohibition shall be inclusive of the end date of each period. An RV placed before the prohibited period shall not remain after November 14th; and
    • Exception: This regulation shall not be interpreted to prevent recreational use of property, but shall prohibit the unattended storage of all recreational vehicles and equipment during the flood season as outlined in 14.08.295 (1). If a notice of correction is placed upon the Recreational Vehicle and such notice is observed upon such Recreational Vehicle over 72 hours later, such observation shall create a rebuttable presumption of unattended storage. Such notice must reference that failure to remove it will create the before stated presumption.
    • Exception: Lawfully established, conditionally permitted uses (CUPs) such as campgrounds and recreational parks in existence prior to the adoption of this ordinance shall be allowed to continue their approved operations provided such uses are not dangerous to life and property and have and continue to comply with the laws and regulation as they existed at the time the CUP was issued. Such uses shall not be expanded and must comply with all rules and regulations regarding nonconforming uses.
  2. Recreations vehicles as defined in KCC 14.04.045 shall be fully licensed and ready for highway use, on its wheels or jacking system, be attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions.
  3. Park Model Trailers as defined in KCC 14.04.045 shall not be placed in a Flood Hazard Area.

Exception: to 1, 2, and 3 above. A recreational vehicle or Park Model Trailer being used as a primary residence and located in manufactured/mobile home community as defined in RCW 59.20.030 that was in existence before June 8, 2008 is exempted from the restrictions found in subsections 1, 2, and 3 above. The placement of such recreational vehicle or Park Model Trailer requires both a permit under KCC 17.92.020 and engineering to address the flood hazard. Additionally, such placement shall be conditioned upon meeting all the requirements placed upon a mobile and/or manufacture home in the same location.

(Ord. 2009-25, 2009; Ord. 200103)

14.08.300 Floodways.
Located within areas of special flood hazard established in KCC 14.08.040 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

  1.  Prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels during the occurrence of the base flood discharge.
  2.  Construction or reconstruction of residential structures is prohibited within designated floodways, except for:
    1. Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and
    2. Repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either: (i) before the repair or reconstruction is started, or (ii) if the structure has been damaged, and is being restored, before the damage occurred. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety codes which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or to structures identified as historic places shall not be included in the 50 percent.
  3. If subsection (1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of KCC 14.08.180 through 14.08.310, provisions for flood hazard reduction.
  4. Filling in the floodway is prohibited except for residential maintenance. Residential maintenance is considered the importing of bark or top soil for flower beds and gardens. The quantity of material must be able to be hauled in a pick up truck and not require the use of a commercial dump truck. The total amount of material shall not exceed one load per calendar year.
  5. Traditional agricultural practices are exempt. (Ord. 2007-34, 2007; Ord. 2007-22, 2007; Ord. 2001-03; Ord. 93-18 § 5.3, 1993).

14.08.305 Wetlands management.
See KCC Title 17A. (Ord. 2001-03; Ord. 93-18 § 5.4, 1993. Formerly 14.08.310).

14.08.310 Standards for shallow flooding areas (AO Zones).
Shallow flooding areas appear on FIRMs as AO Zones with depth designations. The base flood depths in these zones range from one to three feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas, the following provisions apply:

  1. New construction and substantial improvements of residential structures and manufactured homes within AO Zones shall have the lowest floor (including basements) elevated above the highest grade adjacent to the building, one foot or more above the depth number specified in feet on the FIRM (at least two feet above the highest adjacent grade to the structure if no depth number is specified).
  2. New construction and substantial improvements of nonresidential structures within AO Zones shall either:
    1. Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, one foot or more above the depth number specified on the FIRM (at least two feet if no depth number is specified); or
    2. Together with attendant utility and sanitary facilities, be completely flood-proofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as in KCC 14.08.270(3).
  3. Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
  4.  Recreational vehicles placed on sites within AO Zones on the community's FIRM:
    1. Shall not be parked in a Flood Hazard Area from January 1st until the Wednesday before Memorial Day and again from November 15th through December 31st. The prohibition shall be inclusive of the end dates of each period. An RV placed before the prohibited period shall not remain after November 14th; and
    2. Shall be fully licensed and ready for highway use, on its wheels or jacking system, be attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions.
  5. Park Model Trailers as defined in KCC 14.04.045 shall not be placed in an AO Zone.

Exception: to 4 and 5 above. A recreational vehicle or Park Model Trailer being used as a primary residence and located in manufactured/mobile home community as defined in RCW 50.20.030 that was in existence before June 8, 2008 is exempted from the restrictions found in subsections 4 and 5 above. However, the placement of such recreational vehicle or Park Model Trailer requires both a permit under KCC 17.92.020 and engineering to address the flood hazard. Additionally, such placement shall be conditioned upon meeting all the requirements placed upon a mobile and/or manufactured home in the same location. (Ord. 2009-25, 2009; Ord. 2001-03; Ord. 93-18 § 5.5, 1993. Formerly 14.08.320)

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Chapter 14.12
FIRE RESISTANT/RETARDANT STANDARDS FOR ROOF COVERINGS

Sections
14.12.010 System adopted.
14.12.020 Minimum standards.
14.12.030 High and extreme fire hazard areas.
14.12.040 Moderate fire hazard areas.
14.12.050 Low fire hazard areas.
14.12.060 Deleted.
14.12.070 Deleted.
14.12.080 Deleted.
14.12.090 Applicable buildings.
14.12.100 Deleted.

14.12.010 System adopted.
The Kittitas County Board of Commissioners hereby adopts the wildfire hazard severity classification system developed to determine the Fire Hazard Area Classification in unincorporated areas of Kittitas County that are located outside of a fire department. This rating system was developed by the Rural Fire Protection District in cooperation with the Wildland Protection Agencies incorporating the natural factors of wildland fuels (timber, brush), slope (steepness of ground), aspect (direction of sun exposure), and climate into a "Wildfire Hazard Severity Classification System." These factors are reflected in four separate risk groups - low, moderate, high and extreme and they are incorporated into the wildfire hazard severity rating system requirements found in KCC 14.12.020, 14.12.030, 14.12.040, and 14.12.050. (Ord. 2007-29, 2007; Ord. 90-16 § 1, 1990).

14.12.020 Minimum standards.
Roof coverings placed on all new buildings and on all buildings being re-roofed as defined in KCC 14.12.090(3) in the unincorporated areas of Kittitas County shall have at least a "Class C" or better fire resistant/retardant rating as established by the International Building Code Chapter 1505.4, unless such roof coverings are governed by other more restrictive standards set out in this chapter, other ordinances of Kittitas County, or applicable state or federal standards. (Ord. 2007-29, 2007; Ord. 90-16 § 2, 1990).

14.12.030 High and extreme fire hazard areas.
In high and extreme fire hazard areas as determined by wildfire hazard severity classification, roof coverings placed on all new buildings and on all buildings being re-roofed as defined in KCC 14.12.090(3) shall be of fire resistant/retardant materials with no less than a "Class A" rating as defined by the International Building Code Chapter 1505.2, or as otherwise approved in writing with supporting reasons by the Kittitas County Fire Marshal. (Ord. 2007-29, 2007; Ord. 90-16 § 3, 1990).

14.12.040 Moderate fire hazard areas.
In moderate fire hazard areas as determined by wildfire hazard severity rating, roof coverings placed on all new buildings and on all buildings being re-roofed as defined in KCC 14.12.090(3) shall be of fire resistant/retardant materials with no less than a "Class B" rating as defined by the International Building Code Chapter 1505.3, or as otherwise approved in writing with supporting reasons by the Kittitas County Fire Marshal. (Ord. 2007-29, 2007; Ord. 90-16 § 4, 1990).

14.12.050 Low fire hazard areas.
In low fire hazard areas as determined by wildfire hazard severity rating, roof coverings placed on all new buildings and on all buildings being re-roofed as defined in KCC 14.12.090(3) shall be of fire resistant/retardant materials with no less than a "Class C" rating as defined by the International Building Code Chapter 1505.2, or as otherwise approved in writing with supporting reasons by the Kittitas County Fire Marshal. (Ord. 2007-29, 2007; Ord. 90-16 § 5, 1990).

14.12.060 Deleted.
(Ord. 2007-29, 2007; Ord. 90-16 § 6, 1990).

14.12.070 Deleted.
(Ord. 2007-29, 2007; Ord. 90-16 § 7, 1990).

14.12.080 Deleted.
(Ord. 2007-29, 2007; Ord. 90-16 § 8, 1990).

14.12.090 Applicable buildings.
These requirements shall apply to the following:

  1. All buildings or structures constructed after the effective date of this section.
  2. All additions to existing buildings or structures, regardless of size, constructed after the effective date of this section.
  3. All buildings and structures which were in existence prior to the effective date of this section, when 25 percent or more of the roof is re-roofed. (Ord. 90-16 § 9, 1990).

14.12.100 Deleted
(Ord. 2007-29, 2007; Ord. 90-16 § 7 (attachment), 1990).

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