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HomeMy WebLinkAboutOrdinance to Amend KCC Title 20 RE IWUICBOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON ORDINANCE NO. 2019-____ AN ORDINANCE AMENDING KITTITAS COUNTY CODE TITLE 20 TO ADOPT AMENDMENTS TO THE INTERNATIONAL WILDLAND-URBAN INTERFACE CODE WHEREAS, Kittitas County adopted the International Wildland-Urban Interface Code (IWUIC) in 2006 and applied it only to areas outside of fire districts; and WHEREAS, In 2013, Kittitas County amended Kittitas County Code (KCC) Title 14 and 20 to adopt the IWUIC for the entire County with amendments; and WHEREAS, Section 105.1 of the IWUIC allows the code official to grant modifications for individual cases where enforcement of the strict letter of the code is impractical, where the modification is in conformance with the intent and purpose of the code, and where the modification does not lessen any fire protection requirements or any degree of structural integrity; and WHEREAS, The Kittitas County Board of Commissioners desired specific criteria for granting such modifications to the IWUIC; and WHEREAS, On March 21, 2018 Kittitas County issued a press release requesting all individuals interested in serving on a committee to develop such criteria submit an application; and WHEREAS, A number of applications were submitted and the Board of County Commissioners considered the applications on May 29, 2018; and WHEREAS, On June 5, 2018, The Board of County Commissioners formed the International Wildland-Urban Interface Modification Criteria Advisory Committee; and WHEREAS, Said committee met six times to develop and recommend amendments for granting IWUIC modifications; and WHEREAS, A copy of the proposed amendments was filed with the Kittitas County Auditor on April 16, 2019 in accordance with RCW 36.32.120(7), and WHEREAS, Public notice for a public hearing to consider the amendments was provided in the Daily Record on April 18, 2019 and April 25, 2019; and WHEREAS, The Board of County Commissioners conducted a public hearing to consider the proposed amendments to Title 20 on May 7, 2019; and WHEREAS, At the May 7, 2019 public hearing, the proposed amendments were considered and approved by the Board of County Commissioners. NOW, THEREFORE, BE IT ORDAINED, that the Board of County Commissioners, after due deliberation, does hereby adopt the amendments to Title 20 of Kittitas County Code as shown in the attached Exhibit A. ADOPTED this __21st____day of ____May______________, 2019 BOARD OF COUNTY COMMISSIONERS KITTITAS COUNTY, WASHINGTON _____________________________ Cory Wright, Chairman _______________________________ Brett Wachsmith, Vice-Chairman _______________________________ Laura Osiadacz, Commissioner ATTEST CLERK OF THE BOARD ☐Clerk of the Board- Julie Kjorsvik ☐ Deputy Clerk of the Board- Mandy Buchholz APPROVED AS TO FORM: __________________________ Neil Caulkins, Deputy Prosecuting Attorney Exhibit A Chapter 20.10 Wildland Urban Interface Code Kittitas County hereby adopts the following code for the purpose of establishing rules and regulations for all areas designated as Wildland Urban Interface areas within Kittitas County. 1.The International Wildland-Urban Interface Code (IWUIC) the most current adopted edition, as published by the International Code Council; with the following adopted appendices and amendments: a.Appendices i.Appendix B: Vegetation Management Plan ii.Appendix C: Fire Hazard Severity Form b.Amendments 1.The following amendments shall be made: Section 105.2 Technical assistance. To determine the acceptability of technologies, processes, products, facilities, materials and uses attending the design, operation or use of a building or premises subject to the inspection of the code official, the code official is authorized to require the owner, the owner's authorized agent or the person in possession or control of the building or premises to provide, without charge to the jurisdiction, a technical opinion and report. The opinion and report shall be prepared by a federal fire agency or fire marshal’s office, a state fire agency or fire marshal’s office, a public university with an accredited program in Fire Sciences, or a certified scientific and objective testing agency such as Underwriters Laboratories or CSA Group Testing and Certification Inc. The Code Official shall have the authority to approve testing agencies. a qualified engineer, specialist, laboratory or fire safety specialty organization acceptable to the code official and the owner or the owner's authorized agent, and The opinion and report shall analyze the fire safety of the design, fire resistance of building products, operation or use of the building or premises, the facilities and appurtenances situated thereon and fuel management for purposes of establishing fire hazard severity to recommend necessary changes. Section 302.1 Wildland Urban Interface Area Declaration of Designations. All unincorporated areas within Kittitas County are designated as Wildland Urban Interface areas and shall be identified per the most current edition of the WUI Kittitas County Wildland Urban Areas map. Section 403.2.1 Dimensions. Not adopted. See KCC Code Titles 12 and 20. Section 403.2.2 Length. Not adopted. See KCC Code Titles 12 and 20. Section 403.2.3 Service Limitations. Not adopted. See KCC Title 12. 403.4.1 Sign Construction. All road identification signs shall meet Kittitas County Road Standards and Public Works requirements. Section 404.2 Water sources. The distance from proposed structures or property lines at which a water source is available for use shall be approved by the fire code official. Water sources shall comply with the following: 1. Man-made water sources shall have a minimum usable water volume as determined by the adequate water supply needs in accordance with Section 404.5. This water source shall be equipped with an approved hydrant. The water level of the water source shall be maintained at all times. The design, construction, location, water level maintenance, access and access maintenance of man- made water source shall be approved by the fire code official. Section 404.3 Draft Sites. Not adopted 501.1 Scope. Buildings and structures shall be constructed in accordance with the International Building and Residential Codes, as well as this code. Exceptions: 1. Accessory structures not exceeding 200 square feet in floor area when located at least 50 feet from buildings containing habitable spaces. Commercial structures of any size shall be required to be permitted. 2. Agricultural buildings at least 50 feet from buildings containing habitable spaces. Table 503.1 Ignition Resistant Construction a FIRE HAZARD SEVERITY Moderate Hazard High Hazard Extreme Hazard Water Supply (b) Water Supply (b) Water Supply (b) Defensible Space (c) Conforming (d) Nonconforming (e) Conforming (d) Nonconforming (e) Conforming Conforming (d) Nonconforming (e) Nonconforming IR2 IR1 IR1 IR1 N.C. IR1 N.C. Not Permitted Conforming IR3 IR2 IR2 IR1 IR1 IR1 N.C. 1.5 x Conforming IR3 IR3 IR3 IR2 IR2 IR1 2.5 x Conforming IR3 IR3 IR3 IR2 IR2 IR2 A. Access shall be provided in accordance with section 403. B. Subdivisions shall have a conforming water supply in accordance with Section 402.1. a. IR1 = Ignitions-resistant construction in accordance with Section 504. b. IR2 = Ignition-resistant construction in accordance with Section 505. c. IR3 = Ignition-resistant construction in accordance with Section 506. d. N.C. = Exterior walls shall have a fire-resistance rating of not less than 1-hour and the exterior surfaces of such walls shall be noncombustible. Usage of log wall construction is allowed. C. Conformance based on Section 603. D. Conformance based on Section 404. E. A nonconforming water supply is any water system or source that does not comply with Section 404, including situations where there is no water supply for structure protection or fire suppression. 504.5 Exterior walls. Exterior walls of buildings or structures shall be constructed with one of the following methods: 1. Materials approved for not less than 1-hour fire-resistance-rated construction on the exterior side. 2. Approved noncombustible materials. 3. Heavy timber or log wall construction. 4. Fire-retardant-treated wood on the exterior side. The fire-retardant-treated wood shall be labeled for exterior use and meet the requirements of Section 2303.2 of the International Building Code. 5. Ignition-resistant materials on the exterior side. Ignition-resistant materials shall include materials treated with a fire retardant product tested in accordance with ASTM E84 or approved by an independent testing laboratory. Testing shall be performed by a certified scientific and objective testing agency such as Underwriters Laboratories or CSA Group Testing and Certification Inc. The Code official shall have authority to approve of testing agencies. The applicant shall provide an affidavit confirming that all fire retardant products were applied according to the product specifications and shall record a notice to title notifying future landowners of requirements for future reapplication of the product. Such material shall extend from the top of the foundation to the underside of the roof sheathing. 504.7 Appendages and projections. Unenclosed accessory structures attached to building with habitable spaces and projections, such as decks, shall be a minimum of 1-hour fire resistance-rated construction, heavy timber construction or constructed of one of the following: 1. Approved noncombustible materials, 2. Fire-retardant treated wood identified for exterior use and meeting the requirements of Section 2303.2 of the International Building Code, 3. Ignition resistant building materials in accordance with section 503.2. or 504.10.1 Vent locations. Attic ventilation openings shall not be located in soffits, in eave overhangs, between rafters at eaves, or in other overhang areas, except when openings are approved by Cal Fire, approved by an independent testing laboratory such as Underwriters Laboratories, American National Standards Institute (ANSI), or ICC Evaluation Service (ICC-ES), or approved by the Code Official per Section 105.2. Gable end and dormer vents shall be located not less than 10 feet (3048 mm) from lot lines. Underfloor ventilation openings shall be located as close to grade as practical. 505.7 Appendages and projections. Unenclosed accessory structures attached to building with habitable spaces and projections, such as decks, shall be a minimum of 1-hour fire resistance-rated construction, heavy timber construction or constructed of one of the following: 1. Approved noncombustible materials, 2. Fire-retardant treated wood identified for exterior use and meeting the requirements of Section 2303.2 of the International Building Code, 3. Ignition resistant building materials in accordance with section 503.2 or 602 Automatic Sprinkler Systems: Section 602 shall not apply to building permit applications submitted prior to March 15, 2018. This exception shall not apply to areas as “IR 1 (No Site Assmt Allowed)” on the Kittitas County Wildland Urban Interface Areas map. Section 603.2.2 Trees. Trees are allowed within the defensible space, provided the horizontal distance between crowns of adjacent trees and crowns of trees and structures, overhead electrical facilities or unmodified fuel is not less than 10 feet (3048 mm). A clump of trees may be considered to be one tree for the purpose of meeting the 10-foot separation requirement, provided: 1. A minimum of 10 feet of separation is provided between the structure and any vegetation or the crowns of any trees. 2. Trees within the clump shall be native to the local area. 3. The maximum number of trees in any given clump shall be limited to three (3). 4. Trees within a clump shall be within a 15-foot diameter of each other as measured on the outside of the tree trunks. Alternatives to tree spacing and separation requirements may be approved by the code official based on a recommendation from an NFPA Certified Wildfire Mitigation Specialist or a certified forester. A covenant shall be required for all new land divisions resulting in more than 10 lots that requires all future landowners of the lots to comply with defensible space provisions after construction.