DCD UPDATES in Response To Stay Home, Stay Safe Order

Good Morning,

 

In response to Governor Inslee's extension to the Stay Home, Stay Healthy Order, the Department of Community Development (DCD) is providing the following update regarding departmental practices. The earliest that construction will be able to resume has been extended to May 4 and is dependent upon the conclusion of the Governor's Order.

 

The Governor's clarification memo regarding construction activities issued on 3/25/20 stated: "In general, commercial and residential construction is not authorized under the Proclamation because construction is not considered to be an essential activity." Link to: Governor's Clarification Memo. That memo and other documents from the Governor's office lead DCD to a determination that only projects specified in the clarification would be allowed.

 

Yesterday though, DCD received additional communication from the Governor's office stating, "if a function is essential, any construction activity related to the function is itself essential."  Based on this communication DCD will be reinstating inspections for constructions project types found in the Essential Building Projects List. The Governor's Essential Critical Infrastructure Workers List was utilized to determine the type of projects that support Essential Critical Infrastructure. Residential projects at this time have not been cleared to continue construction based on the specific call-outs in the Governors Clarification Memo regarding home construction.

 

Kitsap County DCD has been fielding multiple inquiries regarding the definition of "spoliation" and if certain activities would fall within these categories. Spoliation would require that "damage be imminent and not remote." Most new construction in various phases would not meet the criteria for spoliation. If buildings are partially framed or covered, they would not necessarily represent a condition where spoliation would be a concern. We received a clarification from the APA regarding exposure ratings of various sheathing materials. Sheathing materials rated "exterior" or "exposure 1" have sufficient protection from moisture to withstand construction delays in wet weather, typical of what we would experience all year.

 

There are a few exceptions regarding sanitation and nutrition that would allow the completion of a bathroom or kitchen remodel, only if they represent the only facility of that type in the structure. A statement made by the Washington Military Department is posted on the WABO website, which provides some clarification, and we encourage all interested parties to read the statement. 

 

Questions have also been raised regarding the Governor's clarification memo allowing home inspections associated with real estate transactions. The Department investigated this matter, and the Governor's intent was for home inspections directly related to the closing of the transaction to be allowed. DCD will perform building final inspections related to the completion of a real estate transaction. 

 

We recognize this is a further setback to our customers and citizens. As local government, we are beholden to state orders and mandates, and the Governor's extension of Stay Home, Stay Healthy, provides no choice but to continue suspending inspections. Those who feel that their project meets one of the exceptions may fill out an Inspection Consideration Form. 

 

Non-field Work Will Continue 

DCD continues to accept and review prioritized permit submittals online. We have also re-instituted staff consultations using virtual meetings. Efforts are continuing to increase virtual services, so customers and projects are ready to move forward the moment the Governor's order concludes. 

 

We understand that these are uncertain times, and there are many concerns regarding the sustainability of businesses and investments. That concern is shared by the Department's leadership and staff. We will continue to do our part while continuing to provide the best possible services in these unprecedented times. Thank you for your patience and understanding. 

 

Respectfully,

 

Jeff Rimack, CBO

Director DCD

 

"Good leaders don't make excuses. Instead, they figure out a way to get it done." – Jocko Willink