Owner-builder permit fee varies with size of house
posted 06/23/2008
PRESS RELEASE:
Tuesday, June 17, 2008 San Juan County Council amended permit fees for owner-builder building
permits designed to give a financial break to people who want to build modest-sized
homes, but charging the full rate to owner-builders who build larger homes.
Under the revised fee schedule, owner-builders
of homes of up to 1,500-square feet will pay
20 percent of the rate that contractors pay for building permits and plan reviews. The percentage
increases with every 500 square feet of living space in the planned home; then jumps to the
full rate for homes larger than 2,500 square feet.
During budget preparations last year, the Community Development and Planning
Department (CDP) suggested that the fee discounts for owner-builder projects be eliminated,
noting that services being provided to owner-builders were being subsidized by people who used
contractors. But several members of the public protested calling
the fee breaks an affordable
housing issue and
the county Council asked the department to revise its proposal.
Last week CDP Director Ron Henrickson called the adoption of the new fee structure "a
good compromise." Previously there had been no size restriction on homes benefiting from ownerbuilder
fee discounts. Henrickson said that owner builder permits for homes as large as 5,225 square
feet had been issued in the past for a fraction of their full cost.
"The Council's decision today helps guide the benefits of the program go toward the people
the program was designed for and away from individuals who are building mansions," he said.
Owner/builder permit future in question
posted 11/01/2006
Every year about 40 property owners use owner/builder permits to construct their own homes. San Juan County is the only county which has this type of permit which allows the construction under less stringent requirements than those of the State Building Codes. The county Community Development and Planning Department Director Ron Henrickson suggested yesterday the county "abolish the permit."
"The fees are 10 percent of what a normal fee is. They don't go through the same review structure. I really see this in terms of safety, in terms of the future value of the house," he told the county Council. "This code was originally meant for a different time, a different age. If we want to meet affordable housing goals, we need to
find different ways.
Councilmember Bob Myhr asked if the owner/builder ordinance could be amended. Henrickson said the prosecuting attorney had told him "we are not allowed to change it one iota."
Councilmember Kevin Ranker said he wasn't prepared to make a decision on the matter. "The first point you made is great," he said. "But too many people have been able to build (only because of the owner/builder option)."
Henrickson said, "The county would raise $125,000 in permit fees (if the owner/builder permit fee was abolished). We are subsidizing those units. The Overriding reasons are to get safer structures.
Jack Cory of San Juan Island asked to comment on the ordinance. He said the ordinance has been changed since it was first adopted and some life safety concerns have been addressed. He plans to build a home using some experimental technology which he can only do under the owner/builder permit. Others on the island have used the permits to build straw bale homes. Log homes and timber-framed homes at one time were not allowed under the building codes, he said. "I think we ought to keep it for a lot of reasons," he said. " There should always be a place for people like that. A last step before Alaska."
The discussion occurred during the budget worksession on the CDPD budget. No decision was made. A public hearing will be held on the entire county budget before it is adopted.
OWNER/BUILDER AGREEMENT
SAN JUAN COUNTY PERMIT CENTER
RECITALS
The Owner/Builder(s) are persons owning a fee simple and/or having a
substantial interest in the real property.
San Juan County has adopted Ordinance No. 80-1992 (the Ordinance) which allows the
construction of an owner-built residence in unincorporated San Juan County under less stringent
requirements than those of the State Building Codes.
The Ordinance requires a statement from the Owner/Builder(s) that acknowledges they
thoroughly understand and agree to all rights, liabilities, limitations and obligations, which
accompany the permit and run with the land.
It is the mutual expectation and intent of the
parties that the execution of this Agreement shall satisfy the requirements of the Ordinance, and
that the County shall thereafter issue a permit to the Owner/Builder(s) for a residence or
appurtenant structure (Section 15.04.501, #2).
In consideration of the above, the Owner/Builder(s) agree on behalf of themselves, their
heirs and assigns that they will comply with the following conditions of the Ordinance upon
issuance of the permit from the County:
Section 1. The original Owner/Builder(s) who will begin construction under the permit
affirm that they are individuals, not corporate or business entities, which seek to build a
residence on their property, for the occupancy of themselves or their family.
Section 2. The Owner/Builder(s) agree to limit the use of the residence or appurtenant
structure built under this permit solely for residential purposes as defined in the Ordinance, for
the life of the structure. Under no circumstances shall the Owner/Builder(s) convert or allow the
conversion of the residence or appurtenant structure to any commercial use prohibited in the
Ordinance.
Section 3. The Owner/Builder(s) agree to provide written notice as described in the
Ordinance to all prospective and/or actual purchasers, landlords, tenants, renters, lessees or
occupants of the Property that the residence or appurtenant structure has been completed under
an Owner/Builder(s) Permit, and that it may not meet all State Building Code Standards.
Section 4. The Owner/Builder(s) recognize that residences or appurtenant structures
constructed under this Ordinance will have County inspections only to ensure compliance with
minimum life-safety requirements, per SJCC 15.04.516. This section shall not be construed to
limit inspections meant to ensure compliance with other regulations or laws, such as plumbing,
electrical, mechanical, sanitation and energy code requirements.
Section 5. No Owner/Builder(s) shall have work performed on any owner/built structure
for compensation by any contractors, their agents, employees, or other trades people; nor shall
any person, firm, or corporation acting as contractor, or any agent or employee, or any other
tradesperson, perform work on an owner/built structure for compensation for any work or
operation on one undertaking for which the aggregate price of labor and materials exceeds
$500.00.
Section 6. The Owner/Builder(s) shall hold the County harmless from any and all
liability, loss or damage suffered by the County as a result of claims, damages, injury, death,
costs or judgments arising out of the construction, use or occupancy of the residence or
appurtenant structure. Owner/Builder(s) shall hold the County harmless from any of the above described
actions regardless of whether they arise out of the failure of the Owner/Builder(s) or
their agents to either conform to the terms of the Permit, or failure to conform to the State
Building Code. If Owner/Builder(s) request that the County’s agents make any additional
inspections (other than the inspections mentioned in Section 4 of the Agreement), there shall be
no change in the County’s liability.
EFFECT OF AGREEMENT
This agreement shall be recorded in the records of the San Juan County Auditor, and the
covenants stated in this agreement shall attach to and run with the Property, and be binding
upon all owner, heirs, assigns and successors of after-acquired title of the Property.
Owner/Builder permits issued for construction of structures shall be for a period of one year,
renewable for four additional years at $10.00 per year.
Construction, including all required
inspections shall be completed within 5 years from the date of permit issuance. If construction is
not completed within 5 years the owner/builder shall be required to obtain a new permit and also
pay full permit fees. The permit and this Agreement shall expire automatically if no work has
begun on the Property within two years of permit issuance.
MODIFICATION OF AGREEMENT
This Agreement may only be modified or amended by written agreement between the
Owner/Builder(s) and an authorized County representative. Nothing in this
Agreement shall prevent the County from amending any code or ordinance, as the County may
consider necessary in the public interest.
ENFORCEMENT OF AGREEMENT
The County may bring a lawsuit to enforce this Agreement or seek to collect penalties as
set forth in the Ordinance against the Owner/Builder(s) for violation of the terms of the Permit.
SEVERABILITY
It is understood and agreed to by the parties that if any part, term or provision of this
Agreement is found to be invalid or void, or if the Ordinance is repealed or amended in any way,
that such action shall not affect any other portion of the Agreement.
Owner/Builder(s) hereby acknowledge that they have received a copy or Ordinance NO.
80-1992 referred to in this Agreement. Further, Owner/Builder(s) understand that the Ordinance
and this Agreement constitute the entire agreement between the parties, and that statements,
promises or representations made by either party which are not contained in those two
documents shall not be binding or valid.
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