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2010.05.11 CC Committee Meetings Agenda PacketAGENDA City Council Committee Meetings Council Chambers, Public Safety Complex 250 5th Avenue North, Edmonds May 11, 2010 5:45 p.m. - Executive Session to Establish Strategy for Labor Negotiations 6:00 p.m. - City Council Committee Meetings The City Council Committee meetings are work sessions for the City Council and staff only. The meetings are open to the public but are not public hearings. The Committees will meet in separate meeting rooms as indicated below. 1. Community/Development Services Committee Meeting Room: Council Chambers A. AM-3052 (30 Minutes) Title 19.25 revisions (adopting updated International Fire Code) and Title 19.65 Marina Code. Note: This item will be discussed in conjunction with the Public Safety Committee. B. AM-3046 (30 Minutes) Title 19 revisions (adopting the updated International Codes and State amendments). C. AM-3049 (30 Minutes) Tree City; tree ordinance; review of Planning Board recommendations on Streetscape Plan. D. AM-3051 (15 Minutes) Discussion on Conditional Use Permits for Home Occupations. E. AM-3056 (20 Minutes) Cascade Land Conservancy / Neighborhood Projects. F. AM-3050 (20 Minutes) Community gardens; planting; gardening in planting strips. 2.Finance Committee Meeting Room: Jury Meeting Room A. AM-3047 (15 Minutes) 2009 Annual Budget Review. B. AM-3048 (30 Minutes) Discussion and potential action regarding levy. C. AM-3062 (5 Minutes) Revision to City's Water Leakage Policy. D. (10 Minutes)Public comments. (3 minute limit per person) 3.Public Safety Committee Meeting Room: Police Training Room A. AM-3057 (30 Minutes) Title 19.25 revisions (adopting updated International Fire Code) and Title 19.65 Marina Code. Note: This item will be discussed in conjunction with the Community Services/Development Services Committee. Packet Page 1 of 231 B. AM-3053 (20 Minutes) Residential sprinkler requirements. Packet Page 2 of 231 AM-3052 1.A. Title 19.25 Revisions (adopting update IFC) City Council Committee Meetings Date:05/11/2010 Submitted By:John Westfall Time:30 Minutes Department:Fire Type:Action Committee:Public Safety , Community/Development Services Information Subject Title Title 19.25 revisions (adopting updated International Fire Code) and Title 19.65 Marina Code. Note: Note: This item will be discussed in conjunction with the Public Safety Committee. Recommendation from Mayor and Staff Recommendation from Mayor and Staff to adopt the 2009 Building Codes including International Fire and Marina Codes. Previous Council Action None Narrative The State Building Code Council has approved statewide adoption of the Building, Fire and supplemental construction Codes (in effect July 1, 2010). Action for Edmonds requires formalizing the State adoption of International model codes via Title 19 ECDC including local edits. Notable changes to the 2009 edition of the International Fire Code, WA amendments include: New high-rise requirements, Emergency responder radio coverage, Rewrite for fire alarm requirements in all occupancies, Carbon monoxide detection in all new residential 1/11 & existing 7/11, City changes to title 19.25 include: Reorganization and rewrite of chapters in logical sequence and clarifying language, Testing and acceptance methods for emergency responder radio coverage, Restriction of aboveground flam I & II (gasoline/fuel) tanks to 1000 g in residential zones, Restriction of LPG (propane) tanks to 500 g WC in residential zones, City changes to title 19.65 include: Slip numbering and pier identification postings, fuel spill reporting requirements, Marina fire protection standard (NFPA 303) in place since 2003 codes. Attachments for both titles are smooth copies incorporating changes. The City Attorney is currently reviewing these editions. Any modifications from their review will Packet Page 3 of 231 The City Attorney is currently reviewing these editions. Any modifications from their review will be highlighted during council presentation. Residential fire sprinkler discussions are treated separately from this code adoption proposal. Fiscal Impact Fiscal Year: Revenue: Expenditure: Fiscal Impact: None Attachments Link: Title 19.25 IFC Link: Title 19.65 Marinas Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Linda Hynd 05/06/2010 01:04 PM APRV 2 Mayor Gary Haakenson 05/06/2010 01:21 PM APRV 3 Final Approval Linda Hynd 05/06/2010 02:43 PM APRV Form Started By: John Westfall Started On: 05/05/2010 08:34 PM Final Approval Date: 05/06/2010 Packet Page 4 of 231 Chapter 19.25 FIRE CODE Sections: 19.25.000 International Fire Code adopted. 19.25.005 Section amendments. 19.25.010 Department of fire prevention. 19.25.015 Definitions. 19.25.020 Permits. 19.25.025 Charges for fire review and inspection. 19.25.030 Modifications, interpretations and appeals. 19.25.035 Automatic sprinkler systems. 19.25.040 Fire protection water supplies. 19.25.045 Charges for water mains and hydrants. 19.25.050 Mains and service lines. 19.25.055 Location of public hydrants. 19.25.060 Location of private hydrants. 19.25.065 Hydrant specifications. 19.25.070 Penalties. 19.25.000 International Fire Code adopted. The International Fire Code (IFC), 2009 Edition, as published by the International Code Council including amendments set forth in Chapter 51-54 of the Washington Administrative Code, and subsequently revised by this chapter, is hereby adopted including reference standards of the National Fire Protection Association and Appendix Chapters B, C, and J. 19.25.005 Section amendments. The following sections of the IFC have been added, amended, deleted or replaced as follows: A. Chapter 1 Administration. 1. Section 102.5 Application of Residential Code. Adopted as originally set forth in IFC. 2. Section 103.1-.2 Department of Fire Prevention. Replaced by 19.25.010 ECDC. 3. Section 104.8 Modifications. Replaced by 19.25.030 ECDC. 4. Section 104.10.1 Assistance from other agencies. Police and other enforcement agencies shall have the authority to render necessary assistance in the investigation of fires and enforcement of the life safety provisions of this code when requested by the fire marshal. 5. Section 105.1.1 Permits required. Replaced by 19.25.020 ECDC. 6. Section 108 Board of appeals. Replaced by Chapter 19.80 ECDC. 7. Section 109.3 Violation Penalties. Replaced by 19.25.070 ECDC. B. Chapter 5, Fire Service Features. Packet Page 5 of 231 Section 503 Fire Apparatus Access Roads. The following sections are adopted as originally set forth in the IFC: 1. Section 503.1 Where required. 2. Section 503.1.1 Buildings and facilities. 3. Section 503.1.2 Additional access. 4. Section 503.1.3 High-piled storage. 5. Section 503.2 Specifications. 6. Section 503.3 Marking. 7. Section 503.4 Obstruction of fire apparatus access roads. C. Chapter 33, Explosives and Fireworks. Section 3301.1.3 Fireworks. Replaced by Chapter 5.27 ECC. D. Chapter 34 Flammable and Combustible Liquids. Sections 3404.2.9.6.1 (outside) and 3406.2.4.4 (inside) Locations where above-ground tanks are prohibited. Class I and II flammable liquids in aboveground storage tanks are restricted for the protection of residential districts and shall be no more than 1,000 gallons capacity in residential zones designated by the city. E. Chapter 38 Liquified Petroleum Gases. Section 3804.2 Maximum capacity within established limits. The maximum capacity for each installation is restricted for the protection of residential districts within the city and shall be no more than 500 gallons water capacity in residential zones designated by the city. F. Chapter 45, Marinas. Replaced in entirety by Chapter 19.65 ECDC. 19.25.010 Department of fire prevention. A. There is established in the city a department of fire prevention supervised by the fire marshal or deputy chief of fire prevention acting under the supervision of the fire chief. The function of the department shall be the implementation, administration and enforcement of the provisions of this code. B. Whenever the term “fire code official” is used in the IFC, it shall mean the fire marshal or deputy chief of fire prevention. C. An annual report shall be provided to the mayor containing proceedings under this code, with other statistics as the fire marshal and mayor wish to include. The fire marshal may also recommend any changes to the code. 19.25.015 Definitions. A. Whenever the term “fire code official” is used in the IFC, it shall mean the fire marshal or deputy chief of fire prevention. Packet Page 6 of 231 B. Whenever the word “jurisdiction” is used in the IFC, it shall mean the City of Edmonds. C. Whenever the term “legal representative of the jurisdiction” is used in the IFC, it shall mean the city attorney. D. Whenever the term “police” is used in the IFC, it shall mean the City of Edmonds Police Department. 19.25.020 Permits. A. Permits required by this code and regulated by the city shall be issued by the fire marshal. The application for permit shall be accompanied by the full application fee in order to vest rights under the permit and to constitute a complete permit application. The permit fee shall be set by the city council annually by resolution or on such review cycle as the council, in its discretion, shall determine. All permits shall be renewed annually unless the specific time period is set forth when the permit is granted. No permit shall be transferable and each permit shall be issued on a single job, transaction, owner, or occupancy basis, except that the fire marshal is authorized to consolidate permits for a single location, building, or unit. B. In the event that the activity, location or risk associated with the activity requires a fire safety inspection in excess of the time estimated within the permit fee (one hour) an inspection fee equal to the actual cost to the city of providing the inspection shall be charged pursuant to ECDC 19.25.025. 19.25.025 Charges for fire review and inspection. A. Certain licenses and permits issued by the city include a fire department inspection. The cost of the permit may include an estimate of the normal time associated with the fire inspection. Where the permit does not include such an estimate, or when the estimate of time established within the ordinance is exceeded by the actual time spent inspecting a premises, location or activity, the actual cost of conducting the inspection shall be charged. The administrative services director is authorized to establish on an annual basis, in conjunction with or immediately following the budget process, a fee for the hourly charge associated with the provision of services by reasonable classifications of city employees. B. The permittee shall pay the actual charges of inspection, in addition to the permit fee associated with such activity. Licenses and permits requiring the actual payment of inspection charges include, but are not limited to, public amusement licenses issued pursuant to Chapter 4.32 ECC, cabaret dance licenses issued pursuant to Chapter 4.48 ECC, adult entertainment facility licenses issued pursuant to Chapter 4.52 ECC, and aircraft landing licenses issued pursuant to Chapter 4.80 ECC. C. No charge shall be levied against any department or agency of the city of Edmonds operating within the city's general fund. 19.25.030 Modifications, interpretations and appeals. A. The fire marshal shall have the authority to modify any of the provisions of the IFC or this chapter on written application by the owner, lessee, or his duly authorized agent when there are practical difficulties in carrying out the strict letter of the code. Approved modifications, including alternative materials and methods, shall observe the spirit of the code, preserve fire- and life-safety, secure the public health, and do substantial justice. A signed copy of approved modifications shall be promptly given to the applicant. B. Details of actions granting modifications and related interpretations shall be recorded and preserved in the records of the department of fire prevention to aid in conformance and uniform application of related codes, ordinances, and standards. C. Whenever the fire marshal disapproves an application or refuses to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant Packet Page 7 of 231 may appeal from the decision of the fire marshal to the board of appeals. Such appeals shall be governed by the procedures set forth in Chapter 19.80 ECDC. 19.25.035 Automatic sprinkler systems. An automatic sprinkler system shall be installed and maintained throughout every building constructed under the International Residential Code containing five or more attached dwelling units. Residential or quick response standard sprinkler heads shall be used in accordance with their approved listing in the dwelling. 19.25.040 Fire protection water supplies. All fire hydrant, water main and appurtenance installations shall meet the provisions of this chapter as well as other applicable plans, standards and codes adopted by the city of Edmonds, as a condition of approval of subdivisions and building permits. 19.25.045 Charges for water mains and hydrants. A. Water main replacement to city standards, plans and specifications will be accomplished by the city in accordance with the city's water comprehensive plan and adopted capital improvement program. For private development, owners shall be responsible for the replacement (upgrade) of the existing public main (including fire hydrants and appurtenances) to city standard when identified by the city engineer as a condition of development approval. The city will pay the difference in material costs only between six inches and the size that is required to be installed only when the existing system is a looped system. B. A hydrant use permit issued by the public works director is required in order for any person or entity other than fire department personnel to draw water from any fire hydrant. C. The installation of water mains, fire hydrants and appurtenances to properties not previously served shall be sized in accordance with the city's water comprehensive plan, built to city standard and shall be at the benefited property owner's or developer's expense. D. Oversized water mains required for special use demands relating to a particular property or development shall be installed at the developer's or property owner's expense. E. If the water mains installed pursuant to subsections (C) and (D) of this section provide service or benefits to properties other than owned by the water main installer, latecomer agreements may be arranged between the city and the installer for the construction and dedication of the water facilities pursuant to the provisions of Chapter 35.91 RCW. 19.25.050 Mains and service lines. A. All public hydrants in single-family areas shall be supplied by not less than six-inch looped water mains. All hydrants in areas other than single-family residential shall be supplied by not less than eight-inch looped water mains. Dead-end water mains to hydrants shall be at least eight inches in diameter, with the exception of mains up to 50 feet long which may be no less than six inches in diameter. B. The service line from the water main to the hydrant shall be no less than six inches in diameter. Any service lines over 50 feet in length from water main to hydrant shall be no less than eight inches in diameter. C. When city streets, or state highways having water mains in the public right-of-way, are improved to permanent street or highway improvement standards, any water mains in the public right-of-way of said streets or highways that are substandard as to size or material according to applicable city standards shall be replaced with ductile iron water mains conforming to applicable city standards and plans. 19.25.055 Location of public hydrants. A. Public hydrants are those owned by the city. Packet Page 8 of 231 B. All public fire hydrants shall be installed at street intersections where possible. Public hydrant spacing shall be measured along vehicle access routes. C. In areas zoned for single-family residential use, public hydrants shall be spaced no more than 600 feet apart. If dead-end streets, or driveways, singly or in combination, are over 300 feet long, additional public hydrants shall be installed so that the public hydrant spacing is not over 600 feet. D. In areas other than single-family residential, public fire hydrants shall be spaced an average of 300 feet apart. If dead-end streets or driveways, singly or in combination, are over 150 feet long, additional public hydrants shall be installed so that the public hydrant spacing is not over 300 feet. 19.25.060 Location of private hydrants. A. A private hydrant is privately owned, but is subject to the use of the city for inspection and testing at reasonable times, and for fire suppression at any time. All private hydrants shall be connected to the city water main through a privately owned and maintained double detector check valve assembly. B. All buildings except single-family dwellings that are located so that a portion is more than 200 feet from a street, as measured along vehicle access routes, shall have private fire hydrants located at the building. Single-family dwellings with a fire-flow calculation area greater than 4,800 square feet may require a private hydrant. C. Buildings having required fire flows of 3,000 gallons per minute may have fire hydrants on one side of the building only. There shall never be fewer than two fire hydrants for any building larger than 5,000 square feet in the first floor area including covered parking and storage. When the required fire flow is 3,000 gallons per minute or greater, the fire hydrants shall be served by a looped main around the building or complex of buildings. D. Fire hydrants shall be spaced on an average 300 feet around the perimeter line, 50 feet out of the buildings. All hydrants shall be placed in locations accessible to fire department vehicles adjacent to fire apparatus access roads. The fire marshal shall determine the location of fire hydrants depending on utility, topography and building location for maximum fire protection. 19.25.065 Hydrant specifications. A. The installation of flush type hydrants (hydrants entirely below grade) is prohibited. B. Fire hydrants shall have two two-and-one-half-inch hose outlets and one four-and-one- half-inch pumper outlet. All outlets' ports shall have national standard thread. Additionally, the pumper outlet shall be provided with a four-inch Storz adapter. Fire hydrants shall meet the American Water Works Association, Standard No. C-502 and current city standards. C. Fire hydrants and appurtenances shall be installed in accordance with generally accepted engineering practices and city standards, and to the approval of the city engineer, who shall also approve the selection and use of all pipe fittings and valves. There shall be a foot valve installed between the service main and the hydrant sufficient to permit the repair and replacement of the hydrant without disruption of water service. The foot valve shall be installed to city standards. The location of all such valves installed shall be properly and accurately marked on as-built plans or drawings with generally acceptable engineering detail, two copies of which shall be furnished to the public works department. Valves shall be furnished with a standard valve box. D. Hydrants shall stand plumb, be set to established street grade with the lowest outlet of the hydrant at least 18 inches above the adjacent finished grade and at least 36 inches of clear area around the hydrant for clearance of hydrant wrench on both outlets and on the control valve. The pumper port shall face the street, as determined by the fire marshal. Packet Page 9 of 231 E. Where reasonably necessary to protect a hydrant from damage, the fire marshal may require hydrants to be protected by two or more posts, eight inches in diameter by five feet long, made either of reinforced concrete or steel. F. If there presently exist fire hydrants which do not conform to these requirements, they shall be replaced with conforming hydrants upon redevelopment or the timetable established by the city's comprehensive plan. G. No person shall plant any vegetation, erect any structure or perform any action which results in the obstruction of a fire hydrant for a distance of 50 feet along the immediate route of approach. The owner-occupant of any area in which a hydrant is located shall be responsible for removing weed and tree growth from around the hydrant for a distance of not less than five feet. The purpose of this section is to maintain clear approach and visual area around the hydrant. H. The installation of the fire hydrants and mains may be accomplished by city capital contract, developers (as a condition of development) or public works department employees. All installations are to be approved by the city engineer. I. Following the installation of fire hydrants, all pipes, valves and hydrants shall be pressure tested, purified, flushed and sampled to meet the requirements of the American Water Works Association, Standard No. C-502. 19.25.070 Penalties. A. Any person who violates any of the provisions of the IFC including those standards of the National Fire Protection Association specifically referenced in the IFC as adopted and amended herein or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by decision of the city's board of appeals or by a court of competent jurisdiction, within the required time, shall severally for each and every such violation and noncompliance, respectively, be guilty of a gross misdemeanor, punishable as provided in ECC 5.50.020. B. The imposition of one penalty for any violation shall not excuse the violation nor permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions exist or are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. Packet Page 10 of 231 Chapter 19.65 MARINAS Sections: 19.65.000 Application. 19.65.005 Building code – Compliance required. 19.65.010 Design live loads. 19.65.015 Materials. 19.65.020 Area and location requirements. 19.65.025 Fire Protection Standard Adopted. 19.65.030 Fuel floats. 19.65.000 Application. The provisions of this chapter apply to the construction, changes, repair and use of a small boat marina providing covered floating boat moorage within the city. A marina is a basin of safe anchorage providing moorage for small vessels. 19.65.005 Building code – Compliance required. All construction on or in connection with a marina shall comply with all the provisions of this title including permits, permit fees and penalties and all other applicable ordinances of the city and other applicable laws. 19.65.010 Design live loads. A. Decks. Float decks shall have a design live load of at least 40 pounds per square foot minimum. B. Roofs. The roof structures shall have a design live load of at least 25 pounds per square foot minimum. C. Ramps. The ramps to floats shall have a design live load of at least 40 pounds per square foot minimum. 19.65.015 Materials. A. Roofs. Roof coverings shall be noncombustible. B. Floats. Floating structures and floats shall be material of a type approved by the building official. 19.65.020 Area and location requirements. A. Length of Floats. The maximum length of any combination of floats shall be 500 feet from the shore end of the gangplank to the outer end of the main float. A main float is a center or side float connected by a ramp to the shore, being fixed laterally by a system of piling but allowed to move vertically, and may have finger floats connected at intervals. B. Length of Roofs. The maximum length of any roof over floats shall be 400 feet, measured along a main float. At least 75 percent of the exterior walls shall be open. The maximum area covered shall be 30,000 square feet over any single main float area. C. Separation. The minimum separation of covered moorage shall be 20 feet. D. Floats, piers, and walkways shall provide an aisle not less than 44 inches in width. E. Slips and mooring spaces shall be individually identified by an approved numeric or alphabetic designator that shall be posted at each space. Signs indicating the space designators located on finger piers and floats shall be posted at the base of all piers, finger piers, floats and finger floats. Packet Page 11 of 231 19.65.025 Fire Protection Standard Adopted. A. The “Fire Protection Standard for Marinas and Boatyards,” 2006 Edition, of the National Fire Protection Association Publication No. 303 is hereby adopted to provide the minimum acceptable level of safety to life and property from fire and electrical hazards at marinas and boatyards. The most restrictive requirements from all codes and adopted standards may apply. In the event of any conflict between provisions of the fire and electrical codes of the city of Edmonds as adopted by this title, the fire and electrical codes shall prevail. B. Access and Water Supply. Piers shall be provided with fire apparatus access roads and water-supply systems with on-site hydrants where required by the Fire Marshal. The maximum distance from any point on a float system to an approved fire hydrant shall be 600 feet, except for fuel floats there shall be 300’. C. Emergency operations staging areas. Approved areas on piers and ashore shall be provided for the staging of emergency equipment. These areas shall be posted with approved signage to keep clear for emergency operations.. 19.65.030 Fuel floats. A. Fuel floats shall be constructed of gas-resistant flotation material and shall be separated from other floats by at least 80 feet of open water. B. All fuel storage tanks shall be located underground. C. All fuel lines shall be provided with flexible connections from shore to floating facilities. D. Fire extinguishers shall be provided near fuel dispensers as approved by the Edmonds fire department. E. Gangplank access from shore to fuel floats shall be within 175 feet of fuel dispensers. F. Fresh water taps shall be available on fuel floats. G. All portions of a fuel float shall be located within 300 feet of a fire hydrant. H. Moorage at any fuel float shall be prohibited and unlawful except during the shortest time necessary to take on fuel. Moorage shall be unlawful at any fuel float at any time the fuel pumps are not open for business and physically attended by the fuel pump proprietor, his agent, employee or port tenant trained to a fire department approved environmental and safety standard. It shall be the independent responsibility of the fuel pump proprietor, vessel operator, and vessel owner to comply with this subsection and each said person or class of persons shall be subject to the penalties of ECC 5.50.020 for any and all violations hereof. I. All fuel spills shall be reported immediately to the fire department and jurisdictional authorities. Packet Page 12 of 231 AM-3046 1.B. Title 19 Revisions (Adopting Updated International Codes) City Council Committee Meetings Date:05/11/2010 Submitted By:Leonard Yarberry Time:30 Minutes Department:Building Type:Information Committee:Community/Development Services Information Subject Title Title 19 revisions (adopting the updated International Codes and State amendments). Recommendation from Mayor and Staff Forward for Council action. Previous Council Action Narrative The 2009 International Codes, as amended by the State, become effective on July 1st 2010. This is an update cycle that occurs every 3 years in the State. The proposed revisions to Title 19 will adopt the 2009 codes along with the State amendments. In addition there are proposed various local amendments proposed to the language of ECDC to eliminate redundancies, delete superceeded codes and simplify the format. Very few changes are proposed to the subtance of the ECDC provisions. Exhibit 1 Analysis of Revisions, provides an overview and commentary. Exhibits 2-13 show the individual codes as adopted. Exhibits marked 2C-5C are copies of current code language for reference. Fiscal Impact Attachments Link: Attach 1 Analysis Link: Attach 2 2009 Building Code Link: Attach 3 2009 Residential Code Link: Attach 4 2009 Mechanical Code Link: Attach 5 2009 Plumbing Code Link: Attach 6 2009 Energy Code Link: Attach 7 Ventilation Code Link: Attach 8 Dangerous Building Code Link: Attach 9 Historic Building Code Link: Attach 10 2009 Property Main. Code Packet Page 13 of 231 Link: Attach 11 Housing Code Link: Attach 12 Performance Code Link: Attach 13 2009 Existing Building Code Link: Attach 2C Current Building Code Link: Attach 3C Current Residential Code Link: Attach 4C Current Mechanical Code Link: Attach 5C Current Plumbing Code Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 05/06/2010 08:55 AM APRV 2 Mayor Gary Haakenson 05/06/2010 09:00 AM APRV 3 Final Approval Sandy Chase 05/06/2010 09:04 AM APRV Form Started By: Leonard Yarberry Started On: 05/04/2010 09:25 AM Final Approval Date: 05/06/2010 Packet Page 14 of 231 Exhibit 1 Analysis of Revisions This analysis examines the proposed code language listed in the left column and provides commentary in the right hand column. The commentary will reference the current code document, which is separate. Because of the different approach used in the adoption language it was not possible to provide a useful side by side style of comparison International Building Code (IBC) New ECDC code reference Commentary 19.00.000 Purpose The purpose of the codes and regulations adopted in this title is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the City of Edmonds. It is not the purpose or intent to create or designate any particular class or group of persons to be especially protected or benefited, nor is it intended to create any special relationship with any individual The purpose section is new. This was added as the first section to establish a regulatory scope for the code and amendments to be adopted. 19.00.005 Referenced codes Where the following codes are referenced within any of the codes adopted and amended in this title, they shall be substituted as follows: A. “International Building Code” shall mean the building code as adopted and amended in this title. B. “International Residential Code” shall mean the residential building code as adopted and amended in this title. C. “International Mechanical Code” shall mean the mechanical code as adopted and amended in this title. D. “International Fuel Gas Code” shall mean the fuel gas code as adopted in Chapter 19.27 RCW and in accordance with the mechanical code as adopted and amended in this title. E. “International Fire Code” shall mean the fire code as adopted and amended in this title. Referenced codes was formerly listed under 19.00.000 International Building Code adopted. This is fundamentally the same as the previous document with the following changes: The Uniform Housing Code and Uniform Code for the Abatement of Dangerous Buildings have not been published since 1997 and are no longer adopted. These are replaced by the International Property Maintenance Code, which was designed to replace these documents. The State Historic Building Code is no longer supported by the State and is replaced by the International Existing Building Code. This is consistent with the changes to WAC 51-50. The Washington State Ventilation and Indoor Air Quality Code no longer exists within the WAC’s having been replaced by the changes to the Mechanical Code. Packet Page 15 of 231 Exhibit 1 F. “Uniform Plumbing Code” shall mean the plumbing code as adopted and amended in this title. G. “Washington State Energy Code” shall mean the energy code as adopted and amended in this title. H. The “National Electrical Code” shall mean the electrical code as adopted and amended in this title. I. “International Existing Building Code” shall mean the existing building code as adopted and amended in this title. J. International Property Maintenance Code shall mean the property maintenance code as adopted and amended in this title. K. International Code Council Performance Code shall mean the performance code as adopted andamended in this title. 19.00.010 Conflict between Codes In case of conflict among any of the codes referenced in 19.00.005 and subsequently adopted by this chapter, the first named code shall govern over those following. In case of conflicts between other codes and provisions adopted by this chapter, the code or provision that is most specific, as determined by the building official, shall apply. This is a new section. It is intended to establish the hierarchy of codes as laid out in RCW 19.27 19.00.015 Administrative provisions The administrative provisions as specified in Chapter 1 of the International Building Code as adopted and subsequently amended by this chapter shall be used as the general administrative provisions for the codes listed in 19.00.000 under A, B, C, D and F, unless otherwise indicated The adopted codes each have their own separate administrative chapters. This section intends to simplifiy the administration by combining these into a single document. Chapter 1 of the IBC (as further amended) is set up as the single administrative provisions for the Building Code, Residential Code, Mechanical Code and Plumbing Code. The Fire Code is separated out since it has its own special administrative needs as do the Existing Building Code and the Property Maintenance Code. 19.00.020 International Building Code adopted. The International Building Code (IBC), 2009 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-50 WAC, and as subsequently amended by this chapter, is hereby adopted along with Appendix Chapters E, G, H, I and J. This was formerly in section 19.00.000. The language has been simplified. Reference is made to appropriate WAC 51-50. 19.00.025 International Building Code section amendments The following sections of the IBC are hereby amended as follows All of the section below are local amendments to the IBC as adopted by the State. For the most part the language is the same as the current Municipal Code. Significant difference is that all administrative provisions are now contained here instead of in the separate code adoption sections. Note: NC means there is no change from existing code language Packet Page 16 of 231 Exhibit 1 A. Section 104.3 Notices and orders, is amended to read: The building official shall issue all necessary notices or orders to ensure compliance with this code. The building official is also authorized to use Chapter 20.110 ECDC for code compliance in addition to the remedies provided for in this code. NC B. Section 105.1.1 Annual permit is deleted. NC C. Section 105.1.1 Demolition permits, is added and reads; Before the partial or complete demolition of any building or structure (interior or exterior), a demolition permit shall be obtained from the building official. The permit fee is hereby established as set forth in Chapter 19.70 ECDC. The applicant shall also post with the city, prior to permit issuance, a performance bond, or frozen fund, conforming to Chapter 17.10 ECDC herein, in an amount to be determined by the building official to satisfy all city requirements no later than 180 days after the issuance of the permit. The demolition performance bond or frozen fund shall not be released until the building official determines the following requirements have been completed: A. Cap Abandoned Sanitary Sewers. Septic tanks are to be pumped, collapsed and removed and/or filled with earth, sand, concrete, CDF or hard slurry. B. Knock Down of Concrete Foundation Walls, Porches, Chimneys and Similar Structures. Concrete, bricks, cobbles and boulders shall be broken to less than 12- inch diameter. Debris left on site shall conform to IBC Section 1804.2 for clean fill. C. Construction debris, vegetation, and garbage attributable to the demolition shall be removed from the site and from unopened street right-of-way within 30 days of written notice. No debris of any kind may be placed on street right-of-way (including alleys) without a right-of-way permit. D. Repair of any damage to, and restoration of, any public property to substantially original conditions, i.e., alley, street, sidewalk, landscaping, water meter, utilities, rockeries, retaining walls, etc. E. Grading of Site Back to Original Topography Grades. Basements shall be filled and compacted to 90 percent to be verified by special inspector. “Structural fill” is defined as any fill placed below structures, including slabs, where the fill soils need to NC This section has been moved from 19.00.030 Packet Page 17 of 231 Exhibit 1 support loads without unacceptable deflections or shearing. Structural fill should be clean and free draining and should be placed above unyielding native site soils and compacted to a minimum of 90 percent modified proctor, per ASTM D1557. F. Temporary erosion control is installed and maintained per Chapter 18.30 ECDC. D. Section 105.1.2 Annual permit records, is deleted. NC E. Section 105.2 Work exempt from permit, is replaced as follows; Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. It is the applicant’s responsibility to comply with bulk zoning code standards per ECDC Title 16 and storm water management provisions per Chapter 18.30 ECDC. Permits shall not be required for the following unless subject to the provisions of ECDC Title 23 or limited or prohibited by the provisions of Chapter 19.10 ECDC: Building (general): 1. One (1) story detached accessory structures used as tool and storage sheds, playhouses and similar uses; provided the floor area (measured to the exterior wall or post) does not exceed 120 square feet, with a maximum eave of thirty (30) inches. 2. Fences not over six (6) feet high; provided a permit is not required by Chapter 17.30 ECDC. 3. Movable cases, counters and partitions not over five (5) feet nine (9) inches high. 4. Retaining walls that are not over 4 feet (1,219 mm) in height measured vertically from the bottom of the footing to the top of the wall, provided the wall is set back from any adjacent property lines or structures a distance at least equal to the height of the wall and that the material retained slopes 1:2 (or less) up and away from the wall, unless: a. Supporting a surcharge; or Work exempt from a permit now includes all the permit exemptions from the building, residential, mechanical and plumbing code in one location. Previously the exemptions were lisited under the individual code adoption sections. The majority of the exemptions are the same as the current ECDC. With some exceptions as noted below. The retaining wall exemption is slightly modified to provide a setback from adjacent properties. So if a short (under 4 foot) wall is built very close to, or on, a property line it needs a permit. This helps to review for potential negative impacts such as, disruption of surface flows or potential wall failure. Packet Page 18 of 231 Exhibit 1 b. Impounding Class I, II, III-A liquids; or c. Subject to the provisions of Chapter 23.50 ECDC or Chapter 23.80 ECDC. 5. Rockeries. 6. W ater tanks supported directly upon grade if the capacity does not exceed 500 gallons and the ratio of height to diameter or width does not exceed two (2) to one (1). 7. Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route, provided a permit is not required by Chapter 18.60 ECDC. 8. Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work. 9. Temporary motion picture, television and theater stage sets and scenery. 10. Shade cloth structures constructed for nursery or agricultural purposes. 11. Prefabricated swimming pools accessory to an occupancy in which the pool walls are entirely above the adjacent grade and the capacity does not exceed 5,000 gallons. Hot tubs and spas less than 5,000 gallons, completely supported by the ground. 12. Swings and other playground equipment accessory to an occupancy. 13. Grading less than fifty (50) cubic yards (placed, removed or moved within any 365-day period) unless subject to the provisions of Chapter 23.50 ECDC or Chapter 23.80 ECDC. 14. Repair of appliances which do not alter original approval, certification, listing or code. Packet Page 19 of 231 Exhibit 1 15. Replacement or adding new insulation with no drywall removal or placement. 16. Replacement or repair of existing gutters or downspouts. 17. The following types of signs are exempt from permit requirements except that dimensional size and placement standards shall comply with Chapter 20.60 ECDC: a. Replacing the panel on a previously permitted existing wall cabinet or pole sign, b. Repainting an existing previously permitted wood sign, c. Painted or vinyl lettering on storefront windows, d. Governmental signs, campaign signs, official public notices, and signs required by provision of local, state, or federal law, 1. e. Temporary signs announcing the sale or rent of property and other temporary signs as described in ECDC 20.60.080, f. Signs erected by the transportation authorities, and temporary seasonal and holiday displays. 18. Television antennas less than thirty-nine (39) inches in diameter. Mechanical: 19. Portable heating, ventilation, cooling, cooking or clothes drying appliances 20. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 21. Portable fuel cell applicances that are not connected to a fixed piping system and are not interconnected to a power grid. Packet Page 20 of 231 Exhibit 1 22. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 23. Portable evaporative cooler 24. Self-contained refrigeration systems containing ten(10) pounds or less of refrigerant or that are actuated by motoer of one (1) horsepower or less. Plumbing: 23. The stopping of leaks in drains, water, soil, waste or vent pipe, provided that the replacement of defective material shall be done with new material and a permit obtained and inspection made. Residential permit exemptions: In addition the following exemptions apply for single family dwellings: 24. One (1) story detached accessory structures used as tool and storage sheds, playhouses and similar uses; provided the floor area (measured to the exterior wall or post) does not exceed 200 square feet, with a maximum eave of twelve (12) inches and maximum height of fifteen (15) feet. Vehicle storage structures, such as garages and carports, are not included except as set forth in ECDC 19.05.010E(33) for canopies. 25. Window awnings supported by an exterior wall and do not project more than fifty-four (54) inches from the exterior wall and do not require additional support. ECDC Title 23 provisions do not apply. 26. Sport courts less than 2,000 square feet 27. Dock repair of individual decking members. ECDC Title 23 provisions do not apply. 28. Sidewalks and driveways not more than 30 inches above adjacent grade, and The City of Edmonds permit exemption for replacement of siding and replacement of windows and doors has been deleted. There are a number of cases of water intrusion problems with improperly installed siding and improperly installed and flashed doors and windows. Packet Page 21 of 231 Exhibit 1 not over any basement or story below and are not part of an accessible route, provided a permit is not required by Chapter 18.60 ECDC. 29. Uncovered platforms, decks, patios, not exceeding 200 square feet in area, that are not more than thirty (30) inches above grade at any point, are not attached to a dwelling and do not serve the exit door required by IRC Section R311.4 30. Canopies, as defined in ECDC 17.70.035, accessory to a single family dwelling, with a floor area measured to the exterior wall or post not to exceed 200 square feet, for covered storage, carport or similar use. The City of Edmonds permit exemption for replacement of individual deck members, joist, stair treads and rails has been deleted. There are a number of serious injuries associated with improperly constructed decks annually. F. Section 105.3.2 Time limitation of permit application, is amended to read: (effective until November 7, 2010). 1. Applications, for which no permit is issued within 360 days following the date of application, shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. 2. The building official may extend the time for action by the applicant for a period not exceeding 360 days prior to such expiration date. 3. No application shall be extended more than once for a total application life of 720 days. In order to renew action on an expired application, the applicant shall submit a new application, revised plans based on any applicable code or ordinance change, and pay new plan review fees. The next couple of sections have been consolidated to simplify how the code reads and make is simpler to use. In 2008 the Council passed an ordinance (#3699) that provided for extensions to the normal timelines for permit applications. This The intend was to provide some additional time in light of the economic situation and difficulties that people were experiencing with funding of projects. The Ordinance sets up a timeline that ends on 11/7/2010. This ordinance was later supplemented by ordinance # 3726 that provided temporary relief from the expiration of issued permits. (See language in section 105.5 Permit expiration and extension). The exception allows for a request to extend a permit without having the required progress inspection if there is a reasonable cause for the delay. This is void after Feb 27, 2011. The current code incorporates these two ordinances by reproducing sections of the code 3 times so as to deal with the timelines. The proposed code simplifies this by placing the time limits separate and removing the redundant language. Packet Page 22 of 231 Exhibit 1 G. Section 105.3.2 Time limitation of permit application, is amended to read: (effective after November 7, 2010) 1. Applications, for which no permit is issued within 180 days following the date of application, shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. 2. The building official may extend the time for action by the applicant for a period not exceeding 180 days prior to such expiration date. 3. No application shall be extended more than once for a total application life of 360 days. In order to renew action on an expired application, the applicant shall submit a new application, revised plans based on any applicable code or ordinance change, and pay new plan review fees. Section F, above, is in effect until 11/7/2010. After 11/7/2010 section G takes effect. In essence the sun setting of the ordinance. H. Section 105.3.3 Fully complete application, is added and reads; In accordance with the provisions of RCW 19.27.031 and 19.27.074, an applicant’s rights shall vest when a fully complete building permit application is filed. A fully complete building permit application is an application executed by the owners of the property for which the application is submitted or the duly authorized agent(s) for such owners, containing each and every document required under the terms of these ordinances and the IBC and is substantially complete in all respects. It is anticipated that minor changes or revisions may be required and are frequently made in the course of any building application review process, and such minor revisions or changes shall not keep an application from being deemed complete if a good faith attempt has been made to submit a substantially complete application containing all required components. Where required, the application and supporting documents shall be stamped and/or certified by the appropriate engineering, surveying or other professional consultants. A fully complete building permit application shall be accompanied by all fees, including but not limited to building permit fees and plan review fees required under the provisions of this chapter and code. NC from existing ECDC Moved from 19.00.015 to the section of IBC dealing with applications for ease of use. Packet Page 23 of 231 Exhibit 1 I. Section 105.3.4 Concurrent review, is added and reads; An applicant may submit an application for building permit approval and request plan review services concurrently with, or at any time following, the submittal of a complete application for any necessary or required discretionary permit approval or discretionary hearing; provided, that any building permit application submitted concurrently with an application for discretionary permit or approvals shall not be considered complete unless the applicant submits a signed statement, on a form approved by the director, which acknowledges that the building permit application is subject to any conditions or requirements imposed pursuant to the review and approval of any necessary or required discretionary permit or approvals. The applicant shall solely bear the risk of building permit submittal with discretionary permit approval. If, after discretionary approval, the building permit plans are modified or amended to comply with conditions or restrictions required by any discretionary permit or approval, the applicant shall be solely responsible for any and all costs which result therefrom, including but not limited to additional full plan review fees; provided further, that any applicant-initiated changes made after the original plan review is complete shall also require payment of full plan review fees. NC from existing Moved from 19.00.020 to section of IBC dealing with applications for ease of use. J. Section 105.5 Permit expiration and extension, is amended to read: 1. Every permit issued under ECDC Title 19 shall expire by limitation 360 days after issuance, except as provided in ECDC 19.00.025J(2). 2. The following permits shall expire by limitation, 180 days after issuance and may not be extended: a. Demolition permits required by ECDC 19.00.030; b. Permits for Moving Buildings required by Chapter 19.60 ECDC; c. Mechanical permits; d. Tank removal, tank fill, or tank placement permits; e. Grading, excavation and fill permits; f. Water service line permits; g. Plumbing permits; NC from existing language. Packet Page 24 of 231 Exhibit 1 h. Gas piping permits; i. Deck and dock permits; j. Fence permits; k. Re-roof permits; l. Retaining wall permits; m. Swimming pool, hot tub and spa permits; n. Sign permits; o. Shoring permits; p. Foundation permits. 3. Prior to expiration of an active permit the applicant may request in writing an extension for an additional year. If the plans and specifications for the permit extension application are the same as the plans and specifications submitted for the original permit application and provided there has been at least one (1) required progress inspection conducted by the city building inspector prior to the extension, the permit shall be extended. Permit fees shall be charged at a rate of one half the original building permit fee to extend the permit. Prior to Feb. 27, 2011 if work has not started on the project, and no code violations exist, the applicant may make a written request to the Building Official to waive the required progress inspection in order to renew the permit. The written request shall provide reasonable cause unrelated to the neglect or fault of the permittee as to the reason work has not started on the project, and an estimated date by which work will begin. (note that after Feb. 27, 2011 this paragraph is void) 4. If the applicant cannot complete work issued under an extended permit within a total period of two (2) years, the applicant may request in writing, prior to the second year expiration, an extension for a third and final year. Provided there has been at least one (1) required progress inspection conducted by the city building inspector prior to the extension, the permit shall be extended for a third and final year. In lieu of permit fees for the third year extension, inspection fees shall be charged for the remaining work based on the number of required inspections This paragraph has been modified to include the date of 2/27/2011. This is, as noted above in 105.3.2, an attempt to simplify and eliminate the redundant language. The intent and result remains un-affected. Packet Page 25 of 231 Exhibit 1 remaining for the project for all city departments. 5. The maximum amount of time any building permit may be extended shall be a total of three (3) years. At the end of any three (3) year period starting from the original date of permit issuance, the permit shall become null and void and a new building permit shall be required, with full permit fees, in order for the applicant to complete work. The voiding of the prior permit shall negate all previous vesting of zoning or building codes. Whenever an appeal is filed and a necessary development approval is stayed in accordance with ECDC 20.07.004, the time limit periods imposed under this section shall also be stayed until final decision. 6. The building official may reject requests for permit extension where he determines that modifications or amendments to the applicable zoning and building codes have occurred since the original issuance of the permit and/or modifications or amendments would significantly promote public health and safety if applied to the project through the issuance of a new permit. K. Section 105.5.1 Recommence work on an expired permit, is added and reads:. 1. In order to recommence work on an expired permit, a new permit application with full permit fees shall be submitted to the building official. 2. New permit applications shall be reviewed under current zoning and building codes in effect at the time of complete application submittal. If a new permit is sought to recommence work on an expired permit, the new permit shall be vested under the codes in effect when an application for a new permit is submitted which fully complies with ECDC 19.00.015. When additional plan review is required, plan review fees shall be charged. NC L. Section 107.3.3 Phased approval is amended to read: 1. The building official may issue partial permits for phased construction as part of a development before the entire plans and specifications for the whole building or structure have been approved provided architectural design board approval has been granted and a fully complete permit application for the entire building or structure has been submitted for review. NC in basic language. Phased approval was previously referenced separately in the Building and Residential codes. It is now combined. Packet Page 26 of 231 Exhibit 1 2. Phased approval means permits for grading, shoring, and foundation may be issued separately, provided concurrent approval is granted by the planning manager, city engineer and fire marshal, when applicable. No phased approval permit shall be issued unless approved civil plans detailing the construction of all site improvements including, but not limited to: curbs, gutters, sidewalks, paved streets, water lines, sewer lines, and storm drainage have been signed as approved by the city engineer. 3. With such phased approval, a performance bond shall be posted with the city pursuant to Chapter 17.10 ECDC, to cover the estimated cost of construction to city standards for the improvements. M. Section 108 Temporary Structures and Uses, is deleted NC N. Section 110.3.3 Lowest floor elevation, is amended to read: In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in jSection 1612.5 shall be submitted to the building official. Prior to final inspection approval, the building official shall require an elevation certificate based on finished construction prepared and sealed by a State licensed land surveyor. NC O. Section 113 Board of Appeals, is deleted and replaced by 19.80 ECDC NC P. Section 501.2 Address Identification, is amended to read: Approved numbers or addresses shall be installed by the property owner for new and existing buildings in such a position as to be clearly visible and legible from the street or roadway fronting the property. Letters or numbers on the building shall be a minimum six (6) inches in height and stroke a minimum of .75 inch of a contrasting color to the building base color. Where public or private access is provided and the building address cannot be viewed from the public way, a monument, pole or other approved sign or means shall be used to identify the structure. This means of premises identification does not preclude approved identification also affixed to structure.” NC Packet Page 27 of 231 Exhibit 1 Q. Section 1612.1.1 Residential Structures, is added and reads: Construction or reconstruction of residential structures is prohibited within designated floodways, except for (i) repairs, reconstruction, or improvements to a structure which do not increase the ground floor areas; and (ii) repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either, (A) before the repair, or reconstruction is started, or (B) 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 code specifications 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, may be excluded in the 50 percent. NC R. Section 3103 Temporary Structures, is deleted. NC S. Section 3108.1.1 Radio, television and cellular communication related equipment and devices, is added and reads: A permit is required for the installation or relocation of commercial radio, television or cellular tower support structures including monopoles, guyed or lattice towers, whip antennas, panel antennas, parabolic antennas and related accessory equipment, and accessory equipment shelters (regardless of size) including roof mounted equipment shelters NC T. Section 3109.1 Applicability and maintenance, is amended to read: Swimming pools, hot tubs and spas of all occupancies shall comply with the requirements of this section and other applicable sections of this code.1. It is the responsibility of the owner to maintain the swimming pool, hot tub or spa in a clean and sanitary condition and all equipment maintained in a satisfactory operating condition when the swimming pool, hot tub or spa is in use. A swimming pool, hot tub or spa that is neglected, not secured from public entry and/or not maintained shall be determined to be a hazard to health and safety and shall be properly mitigated to the satisfaction of the building official . U. Section 3109.3 Public Swimming Pools, is deleted. NC NC Packet Page 28 of 231 Exhibit 1 V. Section 3109.4 Residential Swimming Pools, is deleted Reference is now made to IRC appendix G for barrier protection around pools W. Section 3109.6 Location and Setbacks, is added and reads; Swimming pools, hot tubs and spas shall meet requirements of the zoning code of the city of Edmonds. 1. Minimum setbacks are measured from property lines to the inside face of the pool, hot tub or spa as required by the zoning code for accessory structures. 2. All other accessory buildings and equipment shall meet the normally required setbacks for accessory structures in the zone in which they are located. NC X. Section 3109.7 Tests and cross-connection devices, is added and reads; 1. All swimming pool, hot tub and spa piping shall be inspected and approved before being covered or concealed. 2. Washington State Department of Health approved cross connection devices are required to be provided on potable water systems when used to fill any swimming pool, hot tub or spa. NC Y. Section 3109.8 Wastewater disposal, is added and reads; A means of disposal of the total contents of the swimming pool, hot tub or spa (including partial or periodic emptying) shall be reviewed and approved by the public works director. 1. No direct connection shall be made between any swimming pool, hot tub or spa to any storm drain, city sewer main, drainage system, seepage pit, underground leaching pit, or sub-soil drain. 2. A sanitary tee (outside cleanout installed on the main building side sewer line) shall be provided for draining of treated water into the city sanitary sewer system. NC Z. Section 3109.9 Inspection requirements, is added and reads; NC Packet Page 29 of 231 Exhibit 1 The appropriate city inspector shall be notified for the following applicable inspections: 1. Footing, wall, pre-form, pre-gunite, erosion control, underground plumbing, sanitary extension and cleanout, mechanical pool equipment, gas piping, mechanical enclosure location, cross connection and final inspection. 2. An initial cross connection control installation inspection is required by the city cross connection control specialist prior to final installation approval. 3. All backflow assemblies shall be tested by state certified backflow assembly testers upon initial installation and then annually thereafter. Copies of all test reports shall be submitted to the city water division for review and approval. AA. Section 3403.2.1 Residential Structures, is added and reads; Construction or reconstruction of residential structures is prohibited within designated floodways, except for (i) repairs, reconstruction, or improvements to a structure which do not increase the ground floor areas; and (ii) repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either, (A) before the repair, or reconstruction is started, or (B) 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 code specifications 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, may be excluded in the 50 percent. NC BB. Appendix E, Accessibility Requirements, is amended by deleting sections E107, E108, E110 and E111. NC CC. Appendix G, Flood-Resistant Construction, is amended by addition of new section; Section G301.1(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 which contain at least 50 lots or 5 acres, NC Packet Page 30 of 231 Exhibit 1 whichever is less. DD. Appendix H, Signs, is amended as follows; 1. Section H101.2 Signs exempt from permits, is replaced by ECDC 19.00.010(Q). 2. Section H101.2.1 Prohibited signs is added and reads;. a. It is unlawful for any person to advertise or display any visually communicated message, by letter or pictorially, of any kind on any seating bench, or in direct connection with any bench. b. All signs not expressly permitted by Chapter 20.60 ECDC. c. Signs which the city engineer determines to be a hazard to vehicle or pedestrian traffic because they resemble or obscure a traffic control device, or pose a hazard to a pedestrian walkway or because they obscure visibility needed for safe traffic passage. Such signs shall be immediately removed at the request of the city engineer. d. All signs which are located within a public right-of-way and that have been improperly posted or displayed are hereby declared to be a public nuisance and shall be subject to immediate removal and confiscation per ECDC 20.60.090. NC EE. Appendix J, Grading is amended as follows; Section J103.2 Exemptions is deleted. See ECDC 19.00.025E(13) NC 19.00.030 Architectural design review – Optional vesting. In addition to the vesting rights created by RCW 19.27.095 and ECDC 19.00.015, an applicant for development as defined in ECDC 20.10.010 and subject to architectural design board (ADB) review may, at the applicant’s option, file a fully complete augmented architectural design review application (hereinafter “augmented ADB application”) and vest rights including applicable permit, development and impact fees under the provisions of the ECDC and the state building NC Packet Page 31 of 231 Exhibit 1 code as adopted and amended by the city of Edmonds, this title as then in effect, to, but only to, the extent that the application provides full and detailed information necessary to confirm the particular regulation to be vested. The burden is on the applicant to provide such detail. A. A fully complete, augmented application for architectural design review shall consist of a complete application for architectural design review, executed by each and every property owner of record of the development site or their duly authorized agent(s), accompanied by the following: 1. All fees required by ordinance, including impact mitigation fees, to be deposited at the time such State Environmental Policy Act (SEPA) requirements become final. 2. A site plan showing the current zoning of the development site, the footprint of all proposed structures, the total square footage and use of each floor, all setbacks required by either the zoning code or state building codes, proposed parking configurations, and exits. 3. Elevation drawings showing the original grade of the site, any proposed alterations to grade, the proposed height of the structure and the number of stories. 4. A letter executed by all owners of record or their duly authorized agent(s) detailing the proposed use in sufficient detail to determine whether the proposed use complies with the zoning code then in effect and with the building code then in effect to determine type of construction and occupancy classifications of the IBC and IFC as those codes then in effect. 5. A building permit application, as described in IBC Section 105.3 as the same exists or is hereafter amended, and all building permit and plan review fees as established and set forth in Chapter 19.70 ECDC; provided, that the plans required by IBC Section 106 107, as the same exists or is hereafter amended, and other engineering documents, plans or drawings required by ECDC Title 18 may be submitted within 90 days of final ADB approval, or final approval on appeal. B. Upon filing of the augmented ADB application, the applicant shall be deemed fully vested as if a fully complete building permit application had been filed; provided: 1. The burden shall be upon the applicant to supply all material required by the provisions Packet Page 32 of 231 Exhibit 1 of this section and as necessary to meet the requirements of Chapter 20.10 ECDC. The applicant may supplement the original application in the event an application is deemed incomplete by the development services director or designee. Vesting shall occur only when the application is deemed complete by the development services director. Failure to supplement an incomplete application within 90 days of final ADB approval shall result in forfeiture of all fees paid and no vesting right shall attach. 2. The application shall expire along with all rights vested 180 days following the date of application if final architectural design approval is not received. a. The development services director or designee may issue an extension for an additional period, not exceeding 180 days, upon written request by the applicant(s) or their agent(s). Such request for extension shall be filed prior to the expiration of the original application time period. An extension shall be granted if the architectural design board has not yet considered the application or an appeal thereof is pending. b. The time period shall run concurrently with the periods established by ECDC 19.00.005 as the same exists or is hereafter amended. No application shall be extended more than once. In order to renew an application after expiration, the applicant shall resubmit all required information and pay a new plan review fee. 3. The applicant shall comply with all provisions of state law and regulation and this code regarding SEPA review. Review periods or delays occasioned by SEPA shall stay the time periods set by this chapter. 4. Following final ADB approval, the applicant shall file the plans and information required by IBC Section 106 a. Any substantial change not required by the terms of ADB approval. 107. It is anticipated that minor adjustments and changes may and are usually required to the plans submitted as a result of the plan review and administrative process; provided, that the following changes shall not be considered “minor” and shall forfeit vesting rights, and shall require the filing of a new application: b. Any increase in height or total square footage or any change which would change the occupancy classification for the purposes of the State Building Code. 5. Any decision of the city staff regarding the application stated in this section and its Packet Page 33 of 231 Exhibit 1 interpretation shall be considered a Type I decision appealable only to the superior court of Snohomish County by Land Use Petition Act. C. The rights vested by ECDC 19.00.025 I (section 105.3.3 of IBC as amended) and this section refer only to zoning and building code rights protected by RCW 19.27.095. D. These sections shall not be interpreted to create vesting rights not protected by RCW 19.27.095 and shall not be interpreted as a further limitation on the administrative obligations and legislative powers of the city. By way of illustration and not limitation, this chapter does not limit: 1. The city council’s authority to create local improvement districts. 2. The city council’s authority to legislate life safety requirements that are not required to recognize existing vested rights. 3. Environmental and shorelines review and mitigation procedures. Packet Page 34 of 231 Exhibit 1 International Residential Code (IRC) 19.05.000 International Residential Code adopted. The International Residential Code (IRC), 2009 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-51 WAC, and as subsequently amended by this chapter, is hereby adopted along with Appendix Chapters A, B, C, G, K and R. Language simplified. 19.05.005 Section amendments. Chapter one (1) is not adopted. See ECDC 19.00.015 The following sections of the IRC are herby amended as follows: This supports the use of IBC chapter one (1) for the administrative provisions A. Table R301.2(1) Climatic and Geographic Design Criteria, is amended with the following criteria: 1. Ground Snow Load = 25 psf 2. Wind Speed(d) = 85 mph 3. Topographical effects(k) = No 4. Seismic Design Category(f) = D2 5. Weathering(a) = moderate 6. Frost Line Depth(b) = 18 inches 7. Termite(c) = slight to moderate 8. Winter Design Temp(e) = 27 degrees F 9. Flood Hazard(g) = NFIP adoption 3/26/74. FIRM maps 11/8/99 10. Ice Shield Underlayment(h) = not required 11. Air Freezing Index(i) = 0-1000 12. Mean Annual Temp(j) = 50 degrees F These are the required design criteria for City of Edmonds. No change from previous Packet Page 35 of 231 Exhibit 1 B. Section R324 Automatic fire sprinkler system, is added and reads; An automatic fire sprinkler system is required for buildings containing five (5) or more attached dwelling units. Refer to ECDC 19.25.040. NC 19.05.02510 Manufactured home installation standards. A. Permit Regulations. 1. Chapter 296-150M WAC, as currently promulgated together with any future amendments thereof, or future additions thereto, is hereby adopted by reference and incorporated into the ECDC as if set forth herein in full. The building official is authorized to issue building permits and collect permit fees for the installation of all manufactured homes that meet the requirements of this chapter, to inspect the installation of manufactured homes, and enforce all violations of this chapter. 2. All references to “installation permits” in Chapter 296-150M WAC, as herein adopted by reference, shall refer to building permits issued for the installation of manufactured homes. 3. Fees for the installation of a manufactured home shall be set forth in Chapter 19.70 ECDC. All other applicable development fees shall also be imposed as with any other single-family residence. 4. Mobile homes are permitted only within designated mobile home parks. 5. Pursuant to added RCW 35.21.897, 35A.21.310, 36.01.220, and amended RCW 35.63.160 and 1998 c 239 s 1, homes built to 42 USC Section 5401 through 5403 standards (as amended in 2000) shall be regulated for the purposes of siting, in the same NC Packet Page 36 of 231 Exhibit 1 manner as site-built homes, factory-built homes, or homes built to any other approved state construction. 6. Manufactured homes to be placed within the city shall not be older than three calendar years from the date of complete permit application submittal. The applicant is required to provide the vehicle identification number (VIN) information. 7. All spaces measured from the underside of the home to finished grade shall be enclosed with a decorative skirting. 8. Manufactured homes shall be thermally equivalent to the current State Energy Code. 9. The minimum manufactured home size shall be at least two fully enclosed parallel sections each not less than 12 feet wide by 36 feet long. 10. Coated metal, tin, or vinyl roofing material is not permitted. 11. Manufactured homes shall comply with all other development standards of this code. [Ord. 3651 § 1, 2007]. Packet Page 37 of 231 Exhibit 1 International Mechanical Code and Fuel Gas Code (IMC & IFGC) 19.15.000 International Mechanical Code adopted. The International Mechanical Code (IMC), 2009 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-52 WAC, and as subsequently amended by this chapter is hereby adopted. Language is simplified otherwise no change. 19.15.005 Amendments Chapter one (1) is not adopted. See ECDC 19.00.015 This supports the use of IBC chapter one (1) for the administrative provisions 19.15.010 International Fuel Gas Code adopted. The International Fuel Gas Code, 2009 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-52 WAC inclusive of NFPA 54 and 58, and as subsequently amended by this chapter, is hereby adopted. 19.15.015 Amendments Chapter one (1) is not adopted. See ECDC 19.00.015 Language is simplified otherwise no c hange. This supports the use of IBC chapter one (1) for the administrative provisions Packet Page 38 of 231 Exhibit 1 Uniform Plumbing Code 19.20.000 Uniform Plumbing Code adopted. The Uniform Plumbing Code (UPC), 2009 Edition, published by the International Association of Plumbing and Mechanical Officials, as amended by the Washington State Building Code Council in Chapter 51-56 WAC, and as subsequently amended by this chapter; provided that any provisions that affect fuel gas piping are not adopted, is hereby adopted. 2009 reference and language is simplified otherwise no change 19.20.005 Amendments. Chapter one (1) is not adopted. See ECDC 19.00.015 Section 1014 Grease traps and interceptors, is deleted. See ECC 7.90 Section 1016 Sand Interceptors, is deleted Section 1017 Oil and flammable liquids interceptors, is deleted. Chapter 12 Fuel piping, is deleted Chapter 15 Firestop protection, is deleted 19.20.010 Evidence of potable water. Prior to the issuance of any building permit for new development, the building official shall require substantive evidence of an adequate potable water supply from the purveyor of water to the site for which a building permit is requested. For those areas lying within the service area of the city of Edmonds water utility, the notification from a duly authorized representative of the city's water utility shall be sufficient; provided, nothing herein shall be interpreted to prevent the city or any of its water purveyors from declaring a moratorium or other water emergency limiting NC Packet Page 39 of 231 Exhibit 1 or otherwise restricting the availability of adequate potable water. Applicants relying on a well shall provide a copy of applicable state approval for the appropriation and a current test of water quality by a qualified laboratory. [Ord. 3651 § 1, 2007]. Washington State Energy Code 19.30.000 State Energy Code adopted. The Washington State Energy Code, 2009 Edition, as adopted and amended by the Washington State Building Code Council in Chapter 51-11 WAC, is hereby adopted. 2009 reference otherwise NC International Property Maintenance Code 19.40.000 International Property Maintenance Code adopted. The International Property Maintenance Code, 2009 Edition, published by the International Code Council, is hereby adopted. This is a new code adoption. The International Property Maintenance Code (IPMC) replaces the Uniform Housing Code and the Uniform Code for the Abatement of Dangerous Buildings, which are deleted. The IPMC is formatted to work in conjunction with the IBC and the International Existing Building Code (IEBC). 19.40.005 Amendments. There are some amendments necessary to make this code work with our current enforcement and appeal process. A. Section 102.3 Application of other codes, is amended to read: Repairs, additons or alterations to a structure, or changes of occupancy shall be done in accordance with the procedures and provisions of the codes listed in 19.00.005. Nothing in this code shall be construed to cancel, modify or set aside any provision of the ECDC. This makes the tie to the ECDC, which thereby links the IPMC to our zoning provisions Packet Page 40 of 231 Exhibit 1 B. Section 106 Violations, is deleted and replaced as follows; Violation of any provisions of this code are subject to the Civil Violation – Enforcement procedures in Chapter 20.110 ECDC. This section removes the violation process in the IPMC and references the processes laid out in the ECDC. C. Sections 108.2 Closing of vacant structures, 108.3 Notice, 108.4 Placarding, 108.5 Prohibited occupancy, 108.6 Abatement methods and 108.7 Record, are deleted and replaced by the provisions of Chapter 20.110 ECDC Again using enforcement process of the ECDC D. Section 111 Means of Appeal, is deleted and replaced by ECDC section 20.110.040 C. Appeal process of ECDC replace those laid out in IPMC E. Section 302 is deleted F. Section 303 is deleted G. Section 308 is deleted H. Section 309 is deleted These sections are deleted to avoid conflict with ECDC zoning code and municipal code nuisance regulations. International Existing Building Code 19.50.000 International Existing Building Code adopted. The International Existing Buildings Code, 2009 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-50 WAC, and as subsequently amended by this chapter, is hereby adopted.is hereby adopted along with Appendix Chapter A (Guidelines for the seismic retrofit of existing buildings) and Resource A (Guidelines on fire ratings of archaic materials and assemblies). The International Existing Building Code (IEBC) is a new adoption. This replaces the old Washington State Historic Building Code, which is no longer supported by the State. The Code is adopted along with the State amendments. Packet Page 41 of 231 Exhibit 1 Electrical Code 19.55.000 National Electrical Code adopted. Under the statutory authority of RCW 19.27.031 and 19.27.074, the National Electrical Code, 2002 2008 Edition, as published by the National Fire Protection Association, is hereby adopted as the electrical code for the city of Edmonds subject to the amendments made herein. The State of Washington Department of Labor and Industries, Electrical Inspection Section, Rules and Regulations for Installing Electric Wiring and Equipment and Administrative Rules, 2002 2008 Edition, is hereby adopted as part of the electrical code of the city of Edmonds. Reference to the 2008 edition of the National Electrical Code. Otherwise NC 19.55.005 When code effective. If the state of Washington, through its duly designated electrical inspector or inspectors, for any reason fails to continue to inspect electrical installation, license the same or provide the standards, the provisions of the Edmonds electrical code as amended shall be applicable to all electrical installation in the city as if the state of Washington had not exercised jurisdiction of any kind. NC 19.55.010 Nonliability. This chapter shall not be construed to relieve or lessen the responsibility of any person owning, operating or installing any electrical equipment for damages to anyone injured by a defect of the equipment, nor shall the city or its agent be held as assuming any such liability by reason of the inspection under this code or the certificate of inspection issued by the building department. NC 19.55.015 Conflicts – How resolved. If there is any conflict between the electrical code of the city, the National Electrical Code and/or the rules and regulations as set forth by the state of Washington for electric wires and equipment, then the conditions, requirements, provisions or terms which provide, in the opinion of the building official, for the greatest public safety shall be observed and shall control. NC Packet Page 42 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red Chapter 19.00 BUILDING CODE Sections: 19.00.000 International Building Code adoptedPurpose. 19.00.005 Section amendments. (Effective until November 7, 2010)Referenced codes 19.00.00510 Conflict between codes Section amendments. (Effective after November 7, 2010, until February 27, 2011) 19.00.0015 Administrative provisionsSection amendments. (Effective after February 27, 2011) 19.00.0210 Work exempt from permit.International Building Code adopted 19.00.0125 Fully complete application.International Building Code section admendments 19.00.020 Concurrent review. 19.00.02530 Architectural design review – Optional vesting. 19.00.030 19.00.000 Purpose Demolition permits. The purpose of the codes and regulations adopted in this title is to provide minimum standards to safeguard life, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures within the City of Edmonds. It is not the purpose or intent to create or designate any particular class or group of persons to be especially protected or benefited, nor is it intended to create any special relationship with any individual 19.00.005 Referenced codes Where the following codes are referenced within any of the codes adopted and amended in this title, they shall be substituted as follows: A. “International Building Code” shall mean the building code as adopted and amended in this title. B. “International Residential Code” shall mean the residential building code as adopted and amended in this title. C. “International Mechanical Code” shall mean the mechanical code as adopted and amended in this title. D. “International Fuel Gas Code” shall mean the fuel gas code as adopted in Chapter 19.27 RCW and in accordance with the mechanical code as adopted and amended in this title. E. “International Fire Code” shall mean the fire code as adopted and amended in this title. F. “Uniform Plumbing Code” shall mean the plumbing code as adopted and amended in this title. G. “Washington State Energy Code” shall mean the energy code as adopted and amended in this title. H. The “National Electrical Code” shall mean the electrical code as adopted and amended in this title. I. “International Existing Building Code” shall mean the existing building code as adopted and amended in this title. J. International Property Maintenance Code shall mean the property maintenance code as adopted and amended in this title. Formatted: None, Indent: First line: 0.5", Space Before: 0 pt Packet Page 43 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red K. International Code Council Performance Code shall mean the performance code as adopted and amended in this title. 19.00.010 Conflict between Codes In case of conflict among any of the codes referenced in 19.00.005 and subsequently adopted by this chapter, the first named code shall govern over those following. In case of conflicts between other codes and provisions adopted by this chapter, the code or provision that is most specific, as determined by the building official, shall apply. 19.00.015 Administrative provisions The administrative provisions as specified in Chapter 1 of the International Building Code as adopted and subsequently amended by this chapter shall be used as the general administrative provisions for the codes listed in 19.00.000 under A, B, C, D and F, unless otherwise indicated. 19.00.0020 International Building Code adopted. The International Building Code (IBC), 2009 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-50 WAC, and as subsequently amended by this chapter, is hereby adopted along with Appendix Chapters E, G, H, I and J. 19.00.025 International Building Code section amendments The following section of the IBC are hereby amended as follows: A. Section 104.3 Notices and orders, is amended to read: The building official shall issue all necessary notices or orders to ensure compliance with this code. The building official is also authorized to use Chapter 20.110 ECDC for code compliance in addition to the remedies provided for in this code. B. Section 105.1.1 Annual permit is deleted. C. Section 105.1.1 Demolition permits, is added and reads; Before the partial or complete demolition of any building or structure (interior or exterior), a demolition permit shall be obtained from the building official. The permit fee is hereby established as set forth in Chapter 19.70 ECDC. The applicant shall also post with the city, prior to permit issuance, a performance bond, or frozen fund, conforming to Chapter 17.10 ECDC herein, in an amount to be determined by the building official to satisfy all city requirements no later than 180 days after the issuance of the permit. The demolition performance bond or frozen fund shall not be released until the building official determines the following requirements have been completed: A. Cap Abandoned Sanitary Sewers. Septic tanks are to be pumped, collapsed and removed and/or filled with earth, sand, concrete, CDF or hard slurry. B. Knock Down of Concrete Foundation Walls, Porches, Chimneys and Similar Structures. Concrete, bricks, cobbles and boulders shall be broken to less than 12- inch diameter. Debris left on site shall conform to IBC Section 1804.2 for clean fill. C. Construction debris, vegetation, and garbage attributable to the demolition shall be removed from the site and from unopened street right-of-way within 30 days of written Formatted: Indent: Left: 0", First line: 0" Formatted: Indent: First line: 0" Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Packet Page 44 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red notice. No debris of any kind may be placed on street right-of-way (including alleys) without a right-of-way permit. D. Repair of any damage to, and restoration of, any public property to substantially original conditions, i.e., alley, street, sidewalk, landscaping, water meter, utilities, rockeries, retaining walls, etc. E. Grading of Site Back to Original Topography Grades. Basements shall be filled and compacted to 90 percent to be verified by special inspector. “Structural fill” is defined as any fill placed below structures, including slabs, where the fill soils need to support loads without unacceptable deflections or shearing. Structural fill should be clean and free draining and should be placed above unyielding native site soils and compacted to a minimum of 90 percent modified proctor, per ASTM D1557. F. Temporary erosion control is installed and maintained per Chapter 18.30 ECDC. D. Section 105.1.2 Annual permit records, is deleted. E. Section 105.2 Work exempt from permit, is replaced as follows; Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. It is the applicant’s responsibility to comply with bulk zoning code standards per ECDC Title 16 and storm water management provisions per Chapter 18.30 ECDC. Permits shall not be required for the following unless subject to the provisions of ECDC Title 23 or limited or prohibited by the provisions of Chapter 19.10 ECDC: 1. One (1) story detached accessory structures used as tool and storage sheds, playhouses and similar uses; provided the floor area (measured to the exterior wall or post) does not exceed 120 square feet, with a maximum eave of thirty (30) inches. Building (general): 2. Fences not over six (6) feet high; provided a permit is not required by Chapter 17.30 ECDC. 3. Movable cases, counters and partitions not over five (5) feet nine (9) inches high. 4. Retaining walls that are not over 4 feet (1,219 mm) in height measured vertically from the bottom of the footing to the top of the wall, provided the wall is set back from any adjacent property lines or structures a distance at least equal to the height of the wall and that the material retained slopes 1:2 (or less) up and away from the wall, unless: a. Supporting a surcharge; or b. Impounding Class I, II, III-A liquids; or Formatted: Bullets and Numbering Formatted: Bullets and Numbering Packet Page 45 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red c. Subject to the provisions of Chapter 23.50 ECDC or Chapter 23.80 ECDC. 5. Rockeries. 6. Water tanks supported directly upon grade if the capacity does not exceed 500 gallons and the ratio of height to diameter or width does not exceed two (2) to one (1). 7. Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route, provided a permit is not required by Chapter 18.60 ECDC. 8. Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work. 9. Temporary motion picture, television and theater stage sets and scenery. 10. Shade cloth structures constructed for nursery or agricultural purposes. 11. Prefabricated swimming pools accessory to an occupancy in which the pool walls are entirely above the adjacent grade and the capacity does not exceed 5,000 gallons. Hot tubs and spas less than 5,000 gallons, completely supported by the ground. 12. Swings and other playground equipment accessory to an occupancy. 13. Grading less than fifty (50) cubic yards (placed, removed or moved within any 365-day period) unless subject to the provisions of Chapter 23.50 ECDC or Chapter 23.80 ECDC. 14. Repair of appliances which do not alter original approval, certification, listing or code. 15. Replacement or adding new insulation with no drywall removal or placement. 16. Replacement or repair of existing gutters or downspouts. 17. The following types of signs are exempt from permit requirements except that dimensional size and placement standards shall comply with Chapter 20.60 ECDC: a. Replacing the panel on a previously permitted existing wall cabinet or pole sign, b. Repainting an existing previously permitted wood sign, c. Painted or vinyl lettering on storefront windows, d. Governmental signs, campaign signs, official public notices, and signs required by provision of local, state, or federal law, Packet Page 46 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red 1. e. Temporary signs announcing the sale or rent of property and other temporary signs as described in ECDC 20.60.080, f. Signs erected by the transportation authorities, and temporary seasonal and holiday displays. 18. Television antennas less than thirty-nine (39) inches in diameter. Mechanical: 19. Portable heating, ventilation, cooling, cooking or clothes drying appliances 20. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 21. Portable fuel cell applicances that are not connected to a fixed piping system and are not interconnected to a power grid. 22. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 23. Portable evaporative cooler 24. Self-contained refrigeration systems containing ten(10) pounds or less of refrigerant or that are actuated by motoer of one (1) horsepower or less. 23. The stopping of leaks in drains, water, soil, waste or vent pipe, provided that the replacement of defective material shall be done with new material and a permit obtained and inspection made. Plumbing: In addition the following exemptions apply for single family dwellings: Residential permit exemptions: 24. One (1) story detached accessory structures used as tool and storage sheds, playhouses and similar uses; provided the floor area (measured to the exterior wall or post) does not exceed 200 square feet, with a maximum eave of twelve (12) inches and maximum height of fifteen (15) feet. Vehicle storage structures, such as garages and carports, are not included except as set forth in ECDC 19.05.010E(33) for canopies. 25. Window awnings supported by an exterior wall and do not project more than fifty- four (54) inches from the exterior wall and do not require additional support. ECDC Title 23 provisions do not apply. 26. Sport courts less than 2,000 square feet 27. Dock repair of individual decking members. ECDC Title 23 provisions do not apply. Formatted: Bullets and Numbering Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 19 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75" Formatted: Bullets and Numbering Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 23 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75" Formatted: Bullets and Numbering Formatted: Indent: Left: 0.5", Don't adjust space between Latin and Asian text Formatted: Font: Bold, Underline Formatted: Indent: Left: 0.5" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 23 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75", Don't adjust space between Latin and Asian text Formatted: Bullets and Numbering Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 23 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 23 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75", Don't adjust space between Latin and Asian text Packet Page 47 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red 28. Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route, provided a permit is not required by Chapter 18.60 ECDC. 29. Uncovered platforms, decks, patios, not exceeding 200 square feet in area, that are not more than thirty (30) inches above grade at any point, are not attached to a dwelling and do not serve the exit door required by IRC Section R311.4 30. Canopies, as defined in ECDC 17.70.035, accessory to a single family dwelling, with a floor area measured to the exterior wall or post not to exceed 200 square feet, for covered storage, carport or similar use. F. Section 105.3.2 Time limitation of permit application, is amended to read: (effective until November 7, 2010). 1. Applications, for which no permit is issued within 360 days following the date of application, shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. 2. The building official may extend the time for action by the applicant for a period not exceeding 360 days prior to such expiration date. 3. No application shall be extended more than once for a total application life of 720 days. In order to renew action on an expired application, the applicant shall submit a new application, revised plans based on any applicable code or ordinance change, and pay new plan review fees. G. Section 105.3.2 Time limitation of permit application, is amended to read: (effective after November 7, 2010) 1. Applications, for which no permit is issued within 180 days following the date of application, shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. 2. The building official may extend the time for action by the applicant for a period not exceeding 180 days prior to such expiration date. 3. No application shall be extended more than once for a total application life of 360 days. In order to renew action on an expired application, the applicant shall submit a new application, revised plans based on any applicable code or ordinance change, and pay new plan review fees. H. Section 105.3.3 Fully complete application, is added and reads; In accordance with the provisions of RCW 19.27.031 and 19.27.074, an applicant’s rights shall vest when a fully complete building permit application is filed. A fully complete building permit application is an application executed by the owners of the property for which the application is submitted or the duly authorized agent(s) for such owners, containing each and every document required under the terms of these ordinances and the IBC and is substantially complete in all respects. It is anticipated that Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 23 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75" Formatted: Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 23 + Alignment: Left + Aligned at: 0.5" + Tab after: 0.75" + Indent at: 0.75", Don't adjust space between Latin and Asian text Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Packet Page 48 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red minor changes or revisions may be required and are frequently made in the course of any building application review process, and such minor revisions or changes shall not keep an application from being deemed complete if a good faith attempt has been made to submit a substantially complete application containing all required components. Where required, the application and supporting documents shall be stamped and/or certified by the appropriate engineering, surveying or other professional consultants. A fully complete building permit application shall be accompanied by all fees, including but not limited to building permit fees and plan review fees required under the provisions of this chapter and code. I. Section 105.3.4 Concurrent review, is added and reads; An applicant may submit an application for building permit approval and request plan review services concurrently with, or at any time following, the submittal of a complete application for any necessary or required discretionary permit approval or discretionary hearing; provided, that any building permit application submitted concurrently with an application for discretionary permit or approvals shall not be considered complete unless the applicant submits a signed statement, on a form approved by the director, which acknowledges that the building permit application is subject to any conditions or requirements imposed pursuant to the review and approval of any necessary or required discretionary permit or approvals. The applicant shall solely bear the risk of building permit submittal with discretionary permit approval. If, after discretionary approval, the building permit plans are modified or amended to comply with conditions or restrictions required by any discretionary permit or approval, the applicant shall be solely responsible for any and all costs which result therefrom, including but not limited to additional full plan review fees; provided further, that any applicant-initiated changes made after the original plan review is complete shall also require payment of full plan review fees. J. Section 105.5 Permit expiration and extension, is amended to read: 1. Every permit issued under ECDC Title 19 shall expire by limitation 360 days after issuance, except as provided in ECDC 19.00.025J(2). 2. The following permits shall expire by limitation, 180 days after issuance and may not be extended: a. Demolition permits required by ECDC 19.00.030; b. Permits for Moving Buildings required by Chapter 19.60 ECDC; c. Mechanical permits; d. Tank removal, tank fill, or tank placement permits; e. Grading, excavation and fill permits; f. Water service line permits; g. Plumbing permits; h. Gas piping permits; i. Deck and dock permits; j. Fence permits; Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Packet Page 49 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red k. Re-roof permits; l. Retaining wall permits; m. Swimming pool, hot tub and spa permits; n. Sign permits; o. Shoring permits; p. Foundation permits. 3. Prior to expiration of an active permit the applicant may request in writing an extension for an additional year. If the plans and specifications for the permit extension application are the same as the plans and specifications submitted for the original permit application and provided there has been at least one (1) required progress inspection conducted by the city building inspector prior to the extension, the permit shall be extended. Permit fees shall be charged at a rate of one half the original building permit fee to extend the permit. Prior to Feb. 27, 2011 if work has not started on the project, and no code violations exist, the applicant may make a written request to the Building Official to waive the required progress inspection in order to renew the permit. The written request shall provide reasonable cause unrelated to the neglect or fault of the permittee as to the reason work has not started on the project, and an estimated date by which work will begin. (note that after Feb. 27, 2011 this paragraph is void) 4. If the applicant cannot complete work issued under an extended permit within a total period of two (2) years, the applicant may request in writing, prior to the second year expiration, an extension for a third and final year. Provided there has been at least one (1) required progress inspection conducted by the city building inspector prior to the extension, the permit shall be extended for a third and final year. In lieu of permit fees for the third year extension, inspection fees shall be charged for the remaining work based on the number of required inspections remaining for the project for all city departments. 5. The maximum amount of time any building permit may be extended shall be a total of three (3) years. At the end of any three (3) year period starting from the original date of permit issuance, the permit shall become null and void and a new building permit shall be required, with full permit fees, in order for the applicant to complete work. The voiding of the prior permit shall negate all previous vesting of zoning or building codes. Whenever an appeal is filed and a necessary development approval is stayed in accordance with ECDC 20.07.004, the time limit periods imposed under this section shall also be stayed until final decision. 6. The building official may reject requests for permit extension where he determines that modifications or amendments to the applicable zoning and building codes have occurred since the original issuance of the permit and/or modifications or amendments would significantly promote public health and safety if applied to the project through the issuance of a new permit. K. Section 105.5.1 Recommence work on an expired permit, is added and reads:. Formatted: Font: Italic Formatted: Bullets and Numbering Packet Page 50 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red 1. In order to recommence work on an expired permit, a new permit application with full permit fees shall be submitted to the building official. 2. New permit applications shall be reviewed under current zoning and building codes in effect at the time of complete application submittal. If a new permit is sought to recommence work on an expired permit, the new permit shall be vested under the codes in effect when an application for a new permit is submitted which fully complies with ECDC 19.00.015. When additional plan review is required, plan review fees shall be charged. L. Section 107.3.3 Phased approval is amended to read: 1. The building official may issue partial permits for phased construction as part of a development before the entire plans and specifications for the whole building or structure have been approved provided architectural design board approval has been granted and a fully complete permit application for the entire building or structure has been submitted for review. 2. Phased approval means permits for grading, shoring, and foundation may be issued separately, provided concurrent approval is granted by the planning manager, city engineer and fire marshal, when applicable. No phased approval permit shall be issued unless approved civil plans detailing the construction of all site improvements including, but not limited to: curbs, gutters, sidewalks, paved streets, water lines, sewer lines, and storm drainage have been signed as approved by the city engineer. 3. With such phased approval, a performance bond shall be posted with the city pursuant to Chapter 17.10 ECDC, to cover the estimated cost of construction to city standards for the improvements. M. Section 108 Temporary Structures and Uses, is deleted N. Section 110.3.3 Lowest floor elevation, is amended to read: In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in jSection 1612.5 shall be submitted to the building official. Prior to final inspection approval, the building official shall require an elevation certificate based on finished construction prepared and sealed by a State licensed land surveyor. O. Section 113 Board of Appeals, is deleted and replaced by 19.80 ECDC P. Section 501.2 Address Identification, is amended to read: Approved numbers or addresses shall be installed by the property owner for new and existing buildings in such a position as to be clearly visible and legible from the street or roadway fronting the property. Letters or numbers on the building shall be a minimum six (6) inches in height and stroke a minimum of .75 inch of a contrasting color to the building base color. Where public or private access is provided and the building address cannot be viewed from the public way, a monument, pole or other approved sign or means shall be used to identify the Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Font: Italic Formatted: Indent: Left: 0.25" Formatted: Bullets and Numbering Formatted: Font: Italic Formatted: Indent: Left: 0.5" Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: No underline, Font color: Auto Formatted: Font color: Auto Packet Page 51 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red structure. This means of premises identification does not preclude approved identification also affixed to structure.” Q. Section 1612.1.1 Residential Structures, is added and reads: Construction or reconstruction of residential structures is prohibited within designated floodways, except for (i) repairs, reconstruction, or improvements to a structure which do not increase the ground floor areas; and (ii) repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either, (A) before the repair, or reconstruction is started, or (B) 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 code specifications 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, may be excluded in the 50 percent. R. Section 3103 Temporary Structures, is deleted. S. Section 3108.1.1 Radio, television and cellular communication related equipment and devices, is added and reads: A permit is required for the installation or relocation of commercial radio, television or cellular tower support structures including monopoles, guyed or lattice towers, whip antennas, panel antennas, parabolic antennas and related accessory equipment, and accessory equipment shelters (regardless of size) including roof mounted equipment shelters T. Section 3109.1 Applicability and maintenance, is amended to read: Swimming pools, hot tubs and spas of all occupancies shall comply with the requirements of this section and other applicable sections of this code. 1. It is the responsibility of the owner to maintain the swimming pool, hot tub or spa in a clean and sanitary condition and all equipment maintained in a satisfactory operating condition when the swimming pool, hot tub or spa is in use. A swimming pool, hot tub or spa that is neglected, not secured from public entry and/or not maintained shall be determined to be a hazard to health and safety and shall be properly mitigated to the satisfaction of the building official. U. Section 3109.3 Public Swimming Pools, is deleted. V. Section 3109.4 Residential Swimming Pools, is deleted W. Section 3109.7 Location and Setbacks, is added and reads; Swimming pools, hot tubs and spas shall meet requirements of the zoning code of the city of Edmonds. 1. Minimum setbacks are measured from property lines to the inside face of the pool, hot tub or spa as required by the zoning code for accessory structures. Formatted: No underline, Font color: Auto Formatted: Font color: Auto Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Packet Page 52 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red 2. All other accessory buildings and equipment shall meet the normally required setbacks for accessory structures in the zone in which they are located. X. Section 3109.10 Tests and cross-connection devices, is added and reads; 1. All swimming pool, hot tub and spa piping shall be inspected and approved before being covered or concealed. 2. Washington State Department of Health approved cross connection devices are required to be provided on potable water systems when used to fill any swimming pool, hot tub or spa. Y. Section 3109.11 Wastewater disposal, is added and reads; A means of disposal of the total contents of the swimming pool, hot tub or spa (including partial or periodic emptying) shall be reviewed and approved by the public works director. 1. No direct connection shall be made between any swimming pool, hot tub or spa to any storm drain, city sewer main, drainage system, seepage pit, underground leaching pit, or sub-soil drain. 2. A sanitary tee (outside cleanout installed on the main building side sewer line) shall be provided for draining of treated water into the city sanitary sewer system. Z. Section 3109.12 Inspection requirements, is added and reads; The appropriate city inspector shall be notified for the following applicable inspections: 1. Footing, wall, pre-form, pre-gunite, erosion control, underground plumbing, sanitary extension and cleanout, mechanical pool equipment, gas piping, mechanical enclosure location, cross connection and final inspection. 2. An initial cross connection control installation inspection is required by the city cross connection control specialist prior to final installation approval. 3. All backflow assemblies shall be tested by state certified backflow assembly testers upon initial installation and then annually thereafter. Copies of all test reports shall be submitted to the city water division for review and approval. AA. Section 3403.2.1 Residential Structures, is added and reads; Construction or reconstruction of residential structures is prohibited within designated floodways, except for (i) repairs, reconstruction, or improvements to a structure which do not increase the ground floor areas; and (ii) repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either, (A) before the repair, or reconstruction is started, or (B) 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 code specifications which have been identified by the local code enforcement official Formatted: None, Right: 0.42", Space Before: 12 pt Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Packet Page 53 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red and which are the minimum necessary to assure safe living conditions, or to structures identified as historic places, may be excluded in the 50 percent. BB. Appendix E, Accessibility Requirements, is amended by deleting sections E107, E108, E110 and E111. CC. Appendix G, Flood-Resistant Construction, is amended by addition of new section; Section G301.1(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 which contain at least 50 lots or 5 acres, whichever is less. DD. Appendix H, Signs, is amended as follows; 1. Section H101.2 Signs exempt from permits, is replaced by ECDC 19.00.010(Q). 2. Section H101.2.1 Prohibited signs is added and reads;. a. It is unlawful for any person to advertise or display any visually communicated message, by letter or pictorially, of any kind on any seating bench, or in direct connection with any bench. b. All signs not expressly permitted by Chapter 20.60 ECDC. c. Signs which the city engineer determines to be a hazard to vehicle or pedestrian traffic because they resemble or obscure a traffic control device, or pose a hazard to a pedestrian walkway or because they obscure visibility needed for safe traffic passage. Such signs shall be immediately removed at the request of the city engineer. d. All signs which are located within a public right-of-way and that have been improperly posted or displayed are hereby declared to be a public nuisance and shall be subject to immediate removal and confiscation per ECDC 20.60.090. 3. Sections H104 Identification, H106.1.1 Internally illuminated signs, H107 Combustible materials, H108 Animated devices, H109.1 Height restrictions, and H110 Roof signs are Deleted. EE. Appendix J, Grading is amended as follows; Section J103.2 Exemptions is deleted. See ECDC 19.00.025E(13) 19.00.030 Architectural design review – Optional vesting. Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Font: 11 pt Formatted: Bullets and Numbering Formatted: Indent: Left: 0.15" Formatted: Font: 11 pt Formatted: Font: 11 pt Packet Page 54 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red In addition to the vesting rights created by RCW 19.27.095 and ECDC 19.00.015, an applicant for development as defined in ECDC 20.10.010 and subject to architectural design board (ADB) review may, at the applicant’s option, file a fully complete augmented architectural design review application (hereinafter “augmented ADB application”) and vest rights including applicable permit, development and impact fees under the provisions of the ECDC and the state building code as adopted and amended by the city of Edmonds, this title as then in effect, to, but only to, the extent that the application provides full and detailed information necessary to confirm the particular regulation to be vested. The burden is on the applicant to provide such detail. A. A fully complete, augmented application for architectural design review shall consist of a complete application for architectural design review, executed by each and every property owner of record of the development site or their duly authorized agent(s), accompanied by the following: 1. All fees required by ordinance, including impact mitigation fees, to be deposited at the time such State Environmental Policy Act (SEPA) requirements become final. 2. A site plan showing the current zoning of the development site, the footprint of all proposed structures, the total square footage and use of each floor, all setbacks required by either the zoning code or state building codes, proposed parking configurations, and exits. 3. Elevation drawings showing the original grade of the site, any proposed alterations to grade, the proposed height of the structure and the number of stories. 4. A letter executed by all owners of record or their duly authorized agent(s) detailing the proposed use in sufficient detail to determine whether the proposed use complies with the zoning code then in effect and with the building code then in effect to determine type of construction and occupancy classifications of the IBC and IFC as those codes then in effect. 5. A building permit application, as described in IBC Section 105.3 as the same exists or is hereafter amended, and all building permit and plan review fees as established and set forth in Chapter 19.70 ECDC; provided, that the plans required by IBC Section 106 107, as the same exists or is hereafter amended, and other engineering documents, plans or drawings required by ECDC Title 18 may be submitted within 90 days of final ADB approval, or final approval on appeal. B. Upon filing of the augmented ADB application, the applicant shall be deemed fully vested as if a fully complete building permit application had been filed; provided: Formatted: Font: 11 pt Formatted: Space Before: 0 pt Formatted: Font: 11 pt, Strikethrough Formatted: Font: 11 pt Packet Page 55 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red 1. The burden shall be upon the applicant to supply all material required by the provisions of this section and as necessary to meet the requirements of Chapter 20.10 ECDC. The applicant may supplement the original application in the event an application is deemed incomplete by the development services director or designee. Vesting shall occur only when the application is deemed complete by the development services director. Failure to supplement an incomplete application within 90 days of final ADB approval shall result in forfeiture of all fees paid and no vesting right shall attach. 2. The application shall expire along with all rights vested 180 days following the date of application if final architectural design approval is not received. a. The development services director or designee may issue an extension for an additional period, not exceeding 180 days, upon written request by the applicant(s) or their agent(s). Such request for extension shall be filed prior to the expiration of the original application time period. An extension shall be granted if the architectural design board has not yet considered the application or an appeal thereof is pending. b. The time period shall run concurrently with the periods established by ECDC 19.00.005 as the same exists or is hereafter amended. No application shall be extended more than once. In order to renew an application after expiration, the applicant shall resubmit all required information and pay a new plan review fee. 3. The applicant shall comply with all provisions of state law and regulation and this code regarding SEPA review. Review periods or delays occasioned by SEPA shall stay the time periods set by this chapter. 4. Following final ADB approval, the applicant shall file the plans and information required by IBC Section 106 a. Any substantial change not required by the terms of ADB approval. 107. It is anticipated that minor adjustments and changes may and are usually required to the plans submitted as a result of the plan review and administrative process; provided, that the following changes shall not be considered “minor” and shall forfeit vesting rights, and shall require the filing of a new application: b. Any increase in height or total square footage or any change which would change the occupancy classification for the purposes of the State Building Code. 5. Any decision of the city staff regarding the application stated in this section and its interpretation shall be considered a Type I decision appealable only to the superior court of Snohomish County by Land Use Petition Act. C. The rights vested by ECDC 19.00.025 I (section 105.3.3 of IBC as amended) and this section refer only to zoning and building code rights protected by RCW 19.27.095. Formatted: Font: 11 pt, Strikethrough Formatted: Font: 11 pt Formatted: Font: 11 pt Packet Page 56 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red D. These sections shall not be interpreted to create vesting rights not protected by RCW 19.27.095 and shall not be interpreted as a further limitation on the administrative obligations and legislative powers of the city. By way of illustration and not limitation, this chapter does not limit: 1. The city council’s authority to create local improvement districts. 2. The city council’s authority to legislate life safety requirements that are not required to recognize existing vested rights. 3. Environmental and shorelines review and mitigation procedures. [Ord. 3736 § 35, 2009; Ord. 3651 § 1, 2007]. A. Under the statutory authority of RCW 19.27.027, 19.27.074 and Chapter 70.92 RCW, the 2006 2009 Edition of the International Building Code (IBC) as published by the International Code Council (ICC), including the state amendments set forth in Chapter 34.05 RCW and Chapter 51-50 WAC, including the following appendices: E (Supplementary Accessibility Requirements), G (Flood-Resistant Construction), H (Signs), and J (Grading) is hereby adopted by reference as if fully set forth as the building code of the city of Edmonds. The provisions of this code shall regulate the erection, construction, enlargement, alteration, equipment, use, area and maintenance of buildings and structures in the city (Does this list need to match IBC 101.2? See Explanation doc.); and provide for the issuance of permits and the collection of permit fees. B. Referenced Codes. Where the following codes are referenced within any of the codes adopted and amended in this title, they shall be substituted as follows: 1. “International Building Code” shall mean the building code as adopted and amended in this title. 2. “International Residential Code” shall mean the residential building code as adopted and amended in this title. 3. “International Mechanical Code” shall mean the mechanical code as adopted and amended in this title. 4. “International Fuel Gas Code” shall mean the fuel gas code as adopted in Chapter 19.27 RCW and in accordance with the mechanical code as adopted and amended in this title. 5. “International Fire Code” shall mean the fire code as adopted and amended in this title. 6. “Uniform Plumbing Code” shall mean the plumbing code as adopted and amended in this title. 7. “Washington State Energy Code” shall mean the energy code as adopted and amended in this title. 8. The “National Electrical Code” shall mean the electrical code as adopted and amended in this title. 9. “Uniform Housing Code” shall mean the housing code as adopted and amended in this title. 10. “Uniform Code for the Abatement of Dangerous Buildings” shall mean the dangerous buildings code as adopted and amended in this title. 11. “State Historic Building Code” shall mean the historic building code as adopted and amended in this title. Packet Page 57 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red 12. “Washington State Ventilation and Indoor Air Quality Code” shall mean the ventilation code as adopted and amended by this title. 113. “International Existing Building Code”: Not adopted. All references shall be disregarded.shall mean the existing building code as adopted and amended in this title. 124. International Property Maintenance Code: Not adopted. All references shall be disregarded. 135. International Electrical Code: Not adopted. All references shall be disregarded. These codes shall be considered part of the requirements of this code to the prescribed extent of each such reference. [Ord. 3651 § 1, 2007]. The State Building Code Council has adopted the 2009 editions of the codes below, with the noted amendments. These codes will go into effect July 1, 2010. The Washington State Ventilation and Indoor Air Quality Code has been repealed, as has the Washington State Historic Building Code. Provisions formerly found in the VIAQ are now located in the IRC, the IMC and the IBC as appropriate. The Historic Building Code has been replaced by the International Existing Buildings Code, as adopted and amended by WAC 51-50-480000. See the IBC for state amendments. 19.00.005 Section amendments. (Effective until November 7, 2010)* The following sections of the IBC have been added, amended, deleted or replaced as follows: A. Chapter 1, Administration. 1. Section 104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. The building official is also authorized to use Chapter 20.110 2. Section 105.1.1 Annual permit. Deleted. ECDC for code compliance in addition to the remedies provided for in this code. 3. Section 105.1.2 Annual permit records. Deleted. 4. Section 105.2 Work exempt from permit. Replaced by ECDC 19.00.010 5. Section 105.3.2 Time limitation of permit application. . a. Applications, for which no permit is issued within 360 days following the date of application, shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. b. The building official may extend the time for action by the applicant for a period not exceeding 360 days prior to such expiration date. c. No application shall be extended more than once for a total application life of 720 days. In order to renew action on an expired application, the applicant shall submit a new application, revised plans based on any applicable code or ordinance change, and pay new plan review fees. Formatted: Level 3, Indent: First line: 0", Space Before: 12 pt Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Packet Page 58 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red 6. Section 105.5 Permit expiration and extension. a. Every permit issued under ECDC Title 19 shall expire by limitation 360 days after issuance, except as provided in ECDC 19.00.005(A)(6)(b) and 19.10.010 b. The following permits shall expire by limitation, 180 days after issuance and may not be extended: (A)(4)(a). i. Demolition permits required by ECDC 19.00.030 ii. Permits for Moving Buildings required by Chapter ; 19.60 iii. Mechanical permits; ECDC; iv. Tank removal, tank fill, or tank placement permits; v. Grading, excavation and fill permits; vi. Water service line permits; vii. Plumbing permits; viii. Gas piping permits; ix. Deck and dock permits; x. Fence permits; xi. Re-roof permits; xii. Rockery and rRetaining wall permits; xiii. Swimming pool, hot tub and spa permits; xiv. Sign permits; xv. Shoring permits; xvi. Foundation permits. c. Prior to expiration of an active permit the applicant may request in writing an extension for an additional year. If the plans and specifications for the permit extension application are the same as the plans and specifications submitted for the original permit application and provided there has been at least one (1) required progress inspection conducted by the city building inspector prior to the extension, the permit shall be extended. Permit fees shall be charged at a rate of one half the original building permit fee to extend the permit. If work has not started on the project, and no code violations exist, the applicant may make a written request to the Building Official to waive the required progress inspection in order to renew the permit. The written request shall provide reasonable cause unrelated to the neglect or fault of the permittee as to the reason work has not started on the project, and an estimated date by which work will begin. d. If the applicant cannot complete work issued under an extended permit within a total period of two (2) years, the applicant may request in writing, prior to the second year expiration, an extension for a third and final year. Provided there has been at least one (1) required progress inspection conducted by the city building inspector prior to the extension, the permit shall be extended for a third and final year. In lieu Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Packet Page 59 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red of permit fees for the third year extension, inspection fees shall be charged for the remaining work based on the number of required inspections remaining for the project for all city departments. e. The maximum amount of time any building permit may be extended shall be a total of three (3) years. At the end of any three (3) year period starting from the original date of permit issuance, the permit shall become null and void and a new building permit shall be required, with full permit fees, in order for the applicant to complete work. The voiding of the prior permit shall negate all previous vesting of zoning or building codes. Whenever an appeal is filed and a necessary development approval is stayed in accordance with ECDC 20.07.004 f. The building official may reject requests for permit extension where he determines that modifications or amendments to the applicable zoning and building codes have occurred since the original issuance of the permit and/or modifications or amendments would significantly promote public health and safety if applied to the project through the issuance of a new permit. , the time limit periods imposed under this section shall also be stayed until final decision. 7. Section 105.5.1 Recommence work on an expired permit. a. In order to recommence work on an expired permit, a new permit application with full permit fees shall be submitted to the building official. b. New permit applications shall be reviewed under current zoning and building codes in effect at the time of complete application submittal. If a new permit is sought to recommence work on an expired permit, the new permit shall be vested under the codes in effect when an application for a new permit is submitted which fully complies with ECDC 19.00.015 8. Section 106107.3.3 Phased approval for multi-family and commercial development. . When additional plan review is required, plan review fees shall be charged. a. The building official may issue partial permits for phased construction as part of a development before the entire plans and specifications for the whole building or structure have been approved provided architectural design board approval has been granted and a fully complete permit application for the entire building or structure has been submitted for review. . b. Phased approval means permits for grading, shoring, and foundation may be issued separately, provided concurrent approval is granted by the planning manager, city engineer and fire marshal, when applicable. No phased approval permit shall be issued unless approved civil plans detailing the construction of all site improvements including, but not limited to: curbs, gutters, sidewalks, paved streets, water lines, sewer lines, and storm drainage have been signed as approved by the city engineer. c. With such phased approval, a performance bond shall be posted with the city pursuant to Chapter 17.10 9. Section 107 108 Temporary structures and uses. Deleted. ECDC, to cover the estimated cost of construction to city standards for the improvements. 10. Section 108 109 Fees. Replaced by Chapter 19.70 11. Section 112 113 Appeals. Replaced by Chapter ECDC. 19.80 B. Chapter 5, General Building Heights and Areas. ECDC. 1. Section 501.2 Premises identification. Approved numbers or addresses shall be installed by the property owner for new and existing buildings in such a position as to be clearly visible and legible from the street or roadway fronting the property. Letters or numbers on the building shall be a minimum six (6) inches in height and stroke a minimum of .75 inch of a contrasting color to the building base color. Where Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Font: 10 pt Packet Page 60 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red public or private access is provided and the building address cannot be viewed from the public way, a monument, pole or other approved sign or means shall be used to identify the structure. This means of premises identification does not preclude approved identification also affixed to structure.” C. Chapter 31, Special Construction. 1. Section 3103 Temporary structures. Deleted. 2. Section 3108.1.1 Radio, television and cellular communication related equipment and devices. a. A permit is required for the installation or relocation of commercial radio, television or cellular tower support structures including monopoles, guyed or lattice towers, whip antennas, panel antennas, parabolic antennas and related accessory equipment, and accessory equipment shelters (regardless of size) including roof mounted equipment shelters. 3. Section 3109.1 Applicability and maintenance. Swimming pools, hot tubs and spas of all occupancies shall comply with the requirements of this section and other applicable sections of this code. a. It is the responsibility of the owner to maintain the swimming pool, hot tub or spa in a clean and sanitary condition and all equipment maintained in a satisfactory operating condition when the swimming pool, hot tub or spa is in use. A swimming pool, hot tub or spa that is neglected, not secured from public entry and/or not maintained shall be determined to be a hazard to health and safety and shall be properly mitigated to the satisfaction of the building official. 4. Section 3109.1.1 Permit required. It shall be unlawful for any person to install, remove, alter, fill with material other than water, repair or replace any swimming pool, hot tub or spa in a building or on premises without first obtaining a permit to do such work from the building official. Reference ECDC 19.00.010 (K) for permit exemptions. 5. Section 3109.3 Public swimming pools. Deleted. 6. Section 3109.4 Residential swimming pools. Deleted. 7. Section 3109.6 Fences and gates. For the purposes of this section, the following definitions apply. "Limited use pool" means any swimming, spa or wading pool regulated by this chapter at an apartment, boarding home, condominium, fraternity, home owners association, hotel, mobile home park, motel, recreational vehicle park, sorority, rental housing unit or a one- or two-family dwelling for the use of the persons living or residing at the facility and their residents’ invited guests. "General use pool" means any swimming, spa or wading pool regulated by this chapter not meeting the definition of a "limited use pool" and not accessory to a 1- or 2-family dwelling. a. Limited use pools shall be completely surrounded by a substantial fence at least five (5) feet in height. ab. The swimming pool areaGeneral use pools shall be completely surrounded by a substantial fence at least six (6) feet in height. c. No Intermediate openings in fences shall be no greater than two (2) inches, and a self-closing, self- latching gate shall be provided, with an inside lock inaccessible to children aged five (5) years or younger. Formatted: Font: 10 pt Formatted: Font: 10 pt Formatted: Font color: Auto Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Font: 10 pt, Packet Page 61 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red bd. The gate shall be securely locked when the swimming pool is unattended. ce. Any swimming pool not presently fenced as required by this section shall be fenced within sixty (60) days of this code adoption. 8. Section 3109.7 Location and setbacks. Swimming pools, hot tubs and spas shall meet requirements of the zoning code of the city of Edmonds. a. Minimum setbacks are measured from property lines to the inside face of the pool, hot tub or spa as required by the zoning code for accessory structures. b. All other accessory buildings and equipment shall meet the normally required setbacks for accessory structures in the zone in which they are located. 9. Section 3109.8 Equipment foundations and enclosures. a. All mechanical equipment supported from the ground shall rest on level concrete or other approved base extending not less than three (3) inches above the adjoining ground level. b. All heating and electrical equipment, unless approved for outdoor installation, shall be adequately protected against the weather or installed within a building. 10. Section 3109.9 Accessibility and clearances. Equipment shall be so installed as to provide accessibility for cleaning, operating, maintenance, and servicing. 11. Section 3109.10 Tests and cross connection devices. a. All swimming pool, hot tub and spa piping shall be inspected and approved before being covered or concealed. b. Washington State Department of Health approved cross connection devices are required to be provided on potable water systems when used to fill any swimming pool, hot tub or spa. 12. Section 3109.11 Wastewater disposal. A means of disposal of the total contents of the swimming pool, hot tub or spa (including partial or periodic emptying) shall be reviewed and approved by the public works director. a. No direct connection shall be made between any swimming pool, hot tub or spa to any storm drain, city sewer main, drainage system, seepage pit, underground leaching pit, or sub-soil drain. b. A sanitary tee (outside cleanout installed on the main building side sewer line) shall be provided for draining of treated water into the city sanitary sewer system. 13. Section 3109.12 Inspection requirements. The appropriate city inspector shall be notified for the following applicable inspections: a. Footing, wall, pre-form, pre-gunite, erosion control, underground plumbing, sanitary extension and cleanout, mechanical pool equipment, gas piping, mechanical enclosure location, cross connection and final inspection. b. An initial cross connection control installation inspection is required by the city cross connection control specialist prior to final installation approval. Packet Page 62 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red c. All backflow assemblies shall be tested by state certified backflow assembly testers upon initial installation and then annually thereafter. Copies of all test reports shall be submitted to the city water division for review and approval. D. Appendix E, Accessibility Requirements. 1. Section E107 Signage. Deleted. 2. Section E108 Bus stops. Deleted. 3. Section E110 Airports. Deleted. 4. Section E111, Referenced standards. Deleted. E. Appendix H, Signs. 1. Section H101.2 Signs exempt from permits. Replaced by ECDC 19.00.010 2. Section H101.2.1 Prohibited signs. (Q). a. It is unlawful for any person to advertise or display any visually communicated message, by letter or pictorially, of any kind on any seating bench, or in direct connection with any bench. b. All signs not expressly permitted by Chapter 20.60 c. Signs which the city engineer determines to be a hazard to vehicle or pedestrian traffic because they resemble or obscure a traffic control device, or pose a hazard to a pedestrian walkway or because they obscure visibility needed for safe traffic passage. Such signs shall be immediately removed at the request of the city engineer. ECDC. d. All signs which are located within a public right-of-way and that have been improperly posted or displayed are hereby declared to be a public nuisance and shall be subject to immediate removal and confiscation per ECDC 20.60.090 3. Section H104 Identification. Deleted. . 4. Section H106.1.1 Internally illuminated signs. Deleted. 5. Section H107 Combustible materials. Deleted. 6. Section H108 Animated devices. Deleted. 7. Section H109.1 Height restrictions. Deleted. 8. Section H110 Roof signs. Deleted. F. Appendix J, Grading. 1. Section J103.2 Exemptions. Replaced by 19.00.010(M). *Code reviser’s note: The provisions of Ord. 3699 provide that it shall automatically expire two years from the effective date of Ord. 3699. Upon this expiration date, the existing provisions shall revive. Upon reinstatement of the prior provisions, all permits and extensions issued under subsection (A)(5)(a) of this section prior to the sunset date shall remain valid for 360 days, but extensions which are approved or processed following the sunset date shall be governed by the newly reinstated provisions. For example, an application which vested under the 360-day provisions of subsection (A)(5)(a) of this section, but which was extended under the revived revisions, shall be limited to 540 Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0" Packet Page 63 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red days in total application life. All applications pending at the effective date of Ord. 3699 shall be governed by its provisions as if vested by complete application after its effective date. [Ord. 3736 § 34, 2009; Ord. 3726 § 1, 2009; Ord. 3715 § 1, 2008; Ord. 3699 § 1, 2008; Ord. 3651 § 1, 2007]. 19.00.005 Section amendments. (Effective after November 7, 2010, until February 27, 2011)* The following sections of the IBC have been added, amended, deleted or replaced as follows: A. Chapter 1, Administration. 1. Section 104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. The building official is also authorized to use Chapter 20.110 2. Section 105.1.1 Annual permit. Deleted. ECDC for code compliance in addition to the remedies provided for in this code. 3. Section 105.1.2 Annual permit records. Deleted. 4. Section 105.2 Work exempt from permit. Replaced by ECDC 19.00.010 5. Section 105.3.2 Time limitation of permit application. . a. Applications, for which no permit is issued within 180 days following the date of application, shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. b. The building official may extend the time for action by the applicant for a period not exceeding 180 days prior to such expiration date. c. No application shall be extended more than once for a total application life of 360 days. In order to renew action on an expired application, the applicant shall submit a new application, revised plans based on any applicable code or ordinance change, and pay new plan review fees. 6. Section 105.5 Permit expiration and extension. a. Every permit issued under ECDC Title 19 shall expire by limitation 360 days after issuance, except as provided in ECDC 19.00.005(A)(6)(b) and 19.10.010 b. The following permits shall expire by limitation, 180 days after issuance and may not be extended: (A)(4)(a). i. Demolition permits required by ECDC 19.00.030 ii. Permits for Moving Buildings required by Chapter ; 19.60 iii. Mechanical permits; ECDC; iv. Tank removal, tank fill, or tank placement permits; v. Grading, excavation and fill permits; vi. Water service line permits; vii. Plumbing permits; Formatted: Level 3, Space Before: 12 pt Formatted: Level 3, Indent: First line: 0", Space Before: 12 pt Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Packet Page 64 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red viii. Gas piping permits; ix. Deck and dock permits; x. Fence permits; xi. Re-roof permits; xii. Rockery and rRetaining wall permits; xiii. Swimming pool, hot tub and spa permits; xiv. Sign permits; xv. Shoring permits; xvi. Foundation permits. c. Prior to expiration of an active permit the applicant may request in writing an extension for an additional year. If the plans and specifications for the permit extension application are the same as the plans and specifications submitted for the original permit application and provided there has been at least one (1) required progress inspection conducted by the city building inspector prior to the extension, the permit shall be extended. Permit fees shall be charged at a rate of one half the original building permit fee to extend the permit. If work has not started on the project, and no code violations exist, the applicant may make a written request to the Building Official to waive the required progress inspection in order to renew the permit. The written request shall provide reasonable cause unrelated to the neglect or fault of the permittee as to the reason work has not started on the project, and an estimated date by which work will begin. d. If the applicant cannot complete work issued under an extended permit within a total period of two (2) years, the applicant may request in writing, prior to the second year expiration, an extension for a third and final year. Provided there has been at least one (1) required progress inspection conducted by the city building inspector prior to the extension, the permit shall be extended for a third and final year. In lieu of permit fees for the third year extension, inspection fees shall be charged for the remaining work based on the number of required inspections remaining for the project for all city departments. e. The maximum amount of time any building permit may be extended shall be a total of three (3) years. At the end of any three (3) year period starting from the original date of permit issuance, the permit shall become null and void and a new building permit shall be required, with full permit fees, in order for the applicant to complete work. The voiding of the prior permit shall negate all previous vesting of zoning or building codes. Whenever an appeal is filed and a necessary development approval is stayed in accordance with ECDC 20.07.004 f. The building official may reject requests for permit extension where he determines that modifications or amendments to the applicable zoning and building codes have occurred since the original issuance of the permit and/or modifications or amendments would significantly promote public health and safety if applied to the project through the issuance of a new permit. , the time limit periods imposed under this section shall also be stayed until final decision. 7. Section 105.5.1 Recommence work on an expired permit. a. In order to recommence work on an expired permit, a new permit application with full permit fees shall be submitted to the building official. Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Packet Page 65 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red b. New permit applications shall be reviewed under current zoning and building codes in effect at the time of complete application submittal. If a new permit is sought to recommence work on an expired permit, the new permit shall be vested under the codes in effect when an application for a new permit is submitted which fully complies with ECDC 19.00.015 8. Section 106107.3.3 Phased approval for multi-family and commercial development. . When additional plan review is required, plan review fees shall be charged. a. The building official may issue partial permits for phased construction as part of a development before the entire plans and specifications for the whole building or structure have been approved provided architectural design board approval has been granted and a fully complete permit application for the entire building or structure has been submitted for review. . b. Phased approval means permits for grading, shoring, and foundation may be issued separately, provided concurrent approval is granted by the planning manager, city engineer and fire marshal, when applicable. No phased approval permit shall be issued unless approved civil plans detailing the construction of all site improvements including, but not limited to: curbs, gutters, sidewalks, paved streets, water lines, sewer lines, and storm drainage have been signed as approved by the city engineer. c. With such phased approval, a performance bond shall be posted with the city pursuant to Chapter 17.10 9. Section 107 108 Temporary structures and uses. Deleted. ECDC, to cover the estimated cost of construction to city standards for the improvements. 10. Section 108 109 Fees. Replaced by Chapter 19.70 11. Section 112 113 Appeals. Replaced by Chapter ECDC. 19.80 B. Chapter 5, General Building Heights and Areas. ECDC. 1. Section 501.2 Premises identification. Approved numbers or addresses shall be installed by the property owner for new and existing buildings in such a position as to be clearly visible and legible from the street or roadway fronting the property. Letters or numbers on the building shall be a minimum six (6) inches in height and stroke a minimum of .75 inch of a contrasting color to the building base color. Where public or private access is provided and the building address cannot be viewed from the public way, a monument, pole or other approved sign or means shall be used to identify the structure. This means of premises identification does not preclude approved identification also affixed to structure.” C. Chapter 31, Special Construction. 1. Section 3103 Temporary structures. Deleted. 2. Section 3108.1.1 Radio, television and cellular communication related equipment and devices. a. A permit is required for the installation or relocation of commercial radio, television or cellular tower support structures including monopoles, guyed or lattice towers, whip antennas, panel antennas, parabolic antennas and related accessory equipment, and accessory equipment shelters (regardless of size) including roof mounted equipment shelters. 3. Section 3109.1 Applicability and maintenance. Swimming pools, hot tubs and spas of all occupancies shall comply with the requirements of this section and other applicable sections of this code. Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Font color: Auto, Not Highlight Formatted: Font color: Auto, Highlight Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Packet Page 66 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red a. It is the responsibility of the owner to maintain the swimming pool, hot tub or spa in a clean and sanitary condition and all equipment maintained in a satisfactory operating condition when the swimming pool, hot tub or spa is in use. A swimming pool, hot tub or spa that is neglected, not secured from public entry and/or not maintained shall be determined to be a hazard to health and safety and shall be properly mitigated to the satisfaction of the building official. 4. Section 3109.1.1 Permit required. It shall be unlawful for any person to install, remove, alter, fill with material other than water, repair or replace any swimming pool, hot tub or spa in a building or on premises without first obtaining a permit to do such work from the building official. Reference ECDC 19.00.010 5. Section 3109.3 Public swimming pools. Deleted. (K) for permit exemptions. 6. Section 3109.4 Residential swimming pools. Deleted. 7. Section 3109.6 Fences and gates. For the purposes of this section, the following definitions apply. "Limited use pool" means any swimming, spa or wading pool regulated by this chapter at an apartment, boarding home, condominium, fraternity, home owners association, hotel, mobile home park, motel, recreational vehicle park, sorority, rental housing unit or a one- or two-family dwelling for the use of the persons living or residing at the facility and their residents’ invited guests. "General use pool" means any swimming, spa or wading pool regulated by this chapter not meeting the definition of a "limited use pool" and not accessory to a 1- or 2-family dwelling. a. Limited use pools shall be completely surrounded by a substantial fence at least five (5) feet in height. b. General use pools shall be completely surrounded by a substantial fence at least six (6) feet in height. c. Intermediate openings in fences shall be no a. The swimming pool area shall be completely surrounded by a substantial fence at least six (6) feet in height. No openings shall be greater than two (2) inches, and a self-closing, self-latching gate shall be provided, with an inside lock inaccessible to children aged five (5) years or younger. bd. The gate shall be securely locked when the swimming pool is unattended. ce. Any swimming pool not presently fenced as required by this section shall be fenced within sixty (60) days of this code adoption. 8. Section 3109.7 Location and setbacks. Swimming pools, hot tubs and spas shall meet requirements of the zoning code of the city of Edmonds. a. Minimum setbacks are measured from property lines to the inside face of the pool, hot tub or spa as required by the zoning code for accessory structures. b. All other accessory buildings and equipment shall meet the normally required setbacks for accessory structures in the zone in which they are located. 9. Section 3109.8 Equipment foundations and enclosures. a. All mechanical equipment supported from the ground shall rest on level concrete or other approved base extending not less than three (3) inches above the adjoining ground level. Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Packet Page 67 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red b. All heating and electrical equipment, unless approved for outdoor installation, shall be adequately protected against the weather or installed within a building. 10. Section 3109.9 Accessibility and clearances. Equipment shall be so installed as to provide accessibility for cleaning, operating, maintenance, and servicing. 11. Section 3109.10 Tests and cross connection devices. a. All swimming pool, hot tub and spa piping shall be inspected and approved before being covered or concealed. b. Washington State Department of Health approved cross connection devices are required to be provided on potable water systems when used to fill any swimming pool, hot tub or spa. 12. Section 3109.11 Wastewater disposal. A means of disposal of the total contents of the swimming pool, hot tub or spa (including partial or periodic emptying) shall be reviewed and approved by the public works director. a. No direct connection shall be made between any swimming pool, hot tub or spa to any storm drain, city sewer main, drainage system, seepage pit, underground leaching pit, or sub-soil drain. b. A sanitary tee (outside cleanout installed on the main building side sewer line) shall be provided for draining of treated water into the city sanitary sewer system. 13. Section 3109.12 Inspection requirements. The appropriate city inspector shall be notified for the following applicable inspections: a. Footing, wall, pre-form, pre-gunite, erosion control, underground plumbing, sanitary extension and cleanout, mechanical pool equipment, gas piping, mechanical enclosure location, cross connection and final inspection. b. An initial cross connection control installation inspection is required by the city cross connection control specialist prior to final installation approval. c. All backflow assemblies shall be tested by state certified backflow assembly testers upon initial installation and then annually thereafter. Copies of all test reports shall be submitted to the city water division for review and approval. D. Appendix E, Accessibility Requirements. 1. Section E107 Signage. Deleted. 2. Section E108 Bus stops. Deleted. 3. Section E110 Airports. Deleted. 4. Section E111, Referenced standards. Deleted. E. Appendix H, Signs. 1. Section H101.2 Signs exempt from permits. Replaced by ECDC 19.00.010 2. Section H101.2.1 Prohibited signs. Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" (Q). Packet Page 68 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red a. It is unlawful for any person to advertise or display any visually communicated message, by letter or pictorially, of any kind on any seating bench, or in direct connection with any bench. b. All signs not expressly permitted by Chapter 20.60 c. Signs which the city engineer determines to be a hazard to vehicle or pedestrian traffic because they resemble or obscure a traffic control device, or pose a hazard to a pedestrian walkway or because they obscure visibility needed for safe traffic passage. Such signs shall be immediately removed at the request of the city engineer. ECDC. d. All signs which are located within a public right-of-way and that have been improperly posted or displayed are hereby declared to be a public nuisance and shall be subject to immediate removal and confiscation per ECDC 20.60.090 3. Section H104 Identification. Deleted. . 4. Section H106.1.1 Internally illuminated signs. Deleted. 5. Section H107 Combustible materials. Deleted. 6. Section H108 Animated devices. Deleted. 7. Section H109.1 Height restrictions. Deleted. 8. Section H110 Roof signs. Deleted. F. Appendix J, Grading. 1. Section J103.2 Exemptions. Replaced by 19.00.010(M). *Code reviser’s note: The provisions of Ordinance 3726 provide that it shall expire two years from its effective date unless extended by act of the city council. [Ord. 3736 § 34, 2009; Ord. 3726 § 1, 2009; Ord. 3715 § 1, 2008; Ord. 3699 § 1, 2008; Ord. 3651 § 1, 2007]. 19.00.005 Section amendments. (Effective after February 27, 2011) The following sections of the IBC have been added, amended, deleted or replaced as follows: A. Chapter 1, Administration. 1. Section 104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. The building official is also authorized to use Chapter 20.110 2. Section 105.1.1 Annual permit. Deleted. ECDC for code compliance in addition to the remedies provided for in this code. 3. Section 105.1.2 Annual permit records. Deleted. 4. Section 105.2 Work exempt from permit. Replaced by ECDC 19.00.010 5. Section 105.3.2 Time limitation of permit application. Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0" Formatted: Level 3, Space Before: 12 pt Formatted: Level 3, Indent: First line: 0", Space Before: 12 pt Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" . Packet Page 69 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red a. Applications, for which no permit is issued within 180 days following the date of application, shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. b. The building official may extend the time for action by the applicant for a period not exceeding 180 days prior to such expiration date. c. No application shall be extended more than once for a total application life of 360 days. In order to renew action on an expired application, the applicant shall submit a new application, revised plans based on any applicable code or ordinance change, and pay new plan review fees. 6. Section 105.5 Permit expiration and extension. a. Every permit issued under ECDC Title 19 shall expire by limitation 360 days after issuance, except as provided in ECDC 19.00.005(A)(6)(b) and 19.10.010 b. The following permits shall expire by limitation, 180 days after issuance and may not be extended: (A)(4)(a). i. Demolition permits required by ECDC 19.00.030 ii. Permits for moving buildings required by Chapter ; 19.60 iii. Mechanical permits; ECDC; iv. Tank removal, tank fill, or tank placement permits; v. Grading, excavation and fill permits; vi. Water service line permits; vii. Plumbing permits; viii. Gas piping permits; ix. Deck and dock permits; x. Fence permits; xi. Re-roof permits; xii. Rockery and retaining wall permits; xiii. Swimming pool, hot tub and spa permits; xiv. Sign permits; xv. Shoring permits; xvi. Foundation permits. c. Prior to expiration of an active permit the applicant may request in writing an extension for an additional year. If the plans and specifications for the permit extension application are the same as the plans and specifications submitted for the original permit application and provided there has been at least one (1) required progress inspection conducted by the city building inspector prior to the extension, the permit Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Packet Page 70 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red shall be extended. Permit fees shall be charged at a rate of one half the original building permit fee to extend the permit. d. If the applicant cannot complete work issued under an extended permit within a total period of two (2) years, the applicant may request in writing, prior to the second year expiration, an extension for a third and final year. Provided there has been at least one (1) required progress inspection conducted by the city building inspector prior to the extension, the permit shall be extended for a third and final year. In lieu of permit fees for the third year extension, inspection fees shall be charged for the remaining work based on the number of required inspections remaining for the project for all city departments. e. The maximum amount of time any building permit may be extended shall be a total of three (3) years. At the end of any three (3) year period starting from the original date of permit issuance, the permit shall become null and void and a new building permit shall be required, with full permit fees, in order for the applicant to complete work. The voiding of the prior permit shall negate all previous vesting of zoning or building codes. Whenever an appeal is filed and a necessary development approval is stayed in accordance with ECDC 20.07.004 f. The building official may reject requests for permit extension where he determines that modifications or amendments to the applicable zoning and building codes have occurred since the original issuance of the permit and/or modifications or amendments would significantly promote public health and safety if applied to the project through the issuance of a new permit. , the time limit periods imposed under this section shall also be stayed until final decision. 7. Section 105.5.1 Recommence work on an expired permit. a. In order to recommence work on an expired permit, a new permit application with full permit fees shall be submitted to the building official. b. New permit applications shall be reviewed under current zoning and building codes in effect at the time of complete application submittal. If a new permit is sought to recommence work on an expired permit, the new permit shall be vested under the codes in effect when an application for a new permit is submitted which fully complies with ECDC 19.00.015 8. Section 106107.3.3 Phased approval for multi-family and commercial development. . When additional plan review is required, plan review fees shall be charged. a. The building official may issue partial permits for phased construction as part of a development before the entire plans and specifications for the whole building or structure have been approved provided architectural design board approval has been granted and a fully complete permit application for the entire building or structure has been submitted for review. . b. Phased approval means permits for grading, shoring, and foundation may be issued separately, provided concurrent approval is granted by the planning manager, city engineer and fire marshal, when applicable. No phased approval permit shall be issued unless approved civil plans detailing the construction of all site improvements including, but not limited to; curbs, gutters, sidewalks, paved streets, water lines, sewer lines, and storm drainage have been signed as approved by the city engineer. c. With such phased approval, a performance bond shall be posted with the city pursuant to Chapter 17.10 9. Section 107 108 Temporary structures and uses. Deleted. ECDC, to cover the estimated cost of construction to city standards for the improvements. 10. Section 108 109 Fees. Replaced by Chapter 19.70 ECDC. Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Packet Page 71 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red 11. Section 109110.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in Section 1612.5 shall be submitted to the building official. Prior to final inspection approval, the building official shall require an elevation certificate based on finished construction prepared and sealed by a State licensed land surveyor. 12. Section 112 113 Appeals. Replaced by Chapter 19.80 B. Chapter 5, General Building Heights and Areas. ECDC. 1. Section 501.2 Premises identification. Approved numbers or addresses shall be installed by the property owner for new and existing buildings in such a position as to be clearly visible and legible from the street or roadway fronting the property. Letters or numbers on the building shall be a minimum six (6) inches in height and stroke a minimum of .75 inch of a contrasting color to the building base color. Where public or private access is provided and the building address cannot be viewed from the public way, a monument, pole or other approved sign or means shall be used to identify the structure. This means of premises identification does not preclude approved identification also affixed to structure.” C. Chapter 16, Structural Design. 1. Section 1612.1.1 Residential Structures. Construction or reconstruction of residential structures is prohibited within designated floodways, except for (i) repairs, reconstruction, or improvements to a structure which do not increase the ground floor areas; and (ii) repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either, (A) before the repair, or reconstruction is started, or (B) 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 code specifications 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, may be excluded in the 50 percent. D. Chapter 31, Special Construction. 1. Section 3103 Temporary structures. Deleted. 2. Section 3108.1.1 Radio, television and cellular communication related equipment and devices. a. A permit is required for the installation or relocation of commercial radio, television or cellular tower support structures including monopoles, guyed or lattice towers, whip antennas, panel antennas, parabolic antennas and related accessory equipment, and accessory equipment shelters (regardless of size) including roof mounted equipment shelters. 3. Section 3109.1 Applicability and maintenance. Swimming pools, hot tubs and spas of all occupancies shall comply with the requirements of this section and other applicable sections of this code. a. It is the responsibility of the owner to maintain the swimming pool, hot tub or spa in a clean and sanitary condition and all equipment maintained in a satisfactory operating condition when the swimming pool, hot tub or spa is in use. A swimming pool, hot tub or spa that is neglected, not secured from public entry and/or not maintained shall be determined to be a hazard to health and safety and shall be properly mitigated to the satisfaction of the building official. 4. Section 3109.1.1 Permit required. It shall be unlawful for any person to install, remove, alter, fill with material other than water, repair or replace any swimming pool, hot tub or spa in a building or on premises without first obtaining a permit to do such work from the building official. Reference ECDC 19.00.010(K) for permit exemptions. Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Packet Page 72 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red 5. Section 3109.3 Public swimming pools. Deleted. 6. Section 3109.4 Residential swimming pools. Deleted. 7. Section 3109.6 Fences and gates. For the purposes of this section, the following definitions apply. "Limited use pool" means any swimming, spa or wading pool regulated by this chapter at an apartment, boarding home, condominium, fraternity, home owners association, hotel, mobile home park, motel, recreational vehicle park, sorority, rental housing unit or a one- or two-family dwelling for the use of the persons living or residing at the facility and their residents’ invited guests. "General use pool" means any swimming, spa or wading pool regulated by this chapter not meeting the definition of a "limited use pool" and not accessory to a 1- or 2-family dwelling. a. Limited use pools shall be completely surrounded by a substantial fence at least five (5) feet in height. b. General use pools shall be completely surrounded by a substantial fence at least six (6) feet in height. c. Intermediate openings in fences shall be no a. The swimming pool area shall be completely surrounded by a substantial fence at least six (6) feet in height. No openings shall be greater than two (2) inches, and a self-closing, self-latching gate shall be provided, with an inside lock inaccessible to children aged five (5) years or younger. bd. The gate shall be securely locked when the swimming pool is unattended. ce. Any swimming pool not presently fenced as required by this section shall be fenced within sixty (60) days of this code adoption. 8. Section 3109.7 Location and setbacks. Swimming pools, hot tubs and spas shall meet requirements of the zoning code of the city of Edmonds. a. Minimum setbacks are measured from property lines to the inside face of the pool, hot tub or spa as required by the zoning code for accessory structures. b. All other accessory buildings and equipment shall meet the normally required setbacks for accessory structures in the zone in which they are located. 9. Section 3109.8 Equipment foundations and enclosures. a. All mechanical equipment supported from the ground shall rest on level concrete or other approved base extending not less than three (3) inches above the adjoining ground level. b. All heating and electrical equipment, unless approved for outdoor installation, shall be adequately protected against the weather or installed within a building. 10. Section 3109.9 Accessibility and clearances. Equipment shall be so installed as to provide accessibility for cleaning, operating, maintenance, and servicing. 11. Section 3109.10 Tests and cross connection devices. a. All swimming pool, hot tub and spa piping shall be inspected and approved before being covered or concealed. Formatted: Level 3, Indent: Left: 0", Right: 0" Packet Page 73 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red b. Washington State Department of Health approved cross connection devices are required to be provided on potable water systems when used to fill any swimming pool, hot tub or spa. 12. Section 3109.11 Wastewater disposal. A means of disposal of the total contents of the swimming pool, hot tub or spa (including partial or periodic emptying) shall be reviewed and approved by the public works director. a. No direct connection shall be made between any swimming pool, hot tub or spa to any storm drain, city sewer main, drainage system, seepage pit, underground leaching pit, or sub-soil drain. b. A sanitary tee (outside cleanout installed on the main building side sewer line) shall be provided for draining of treated water into the city sanitary sewer system. 13. Section 3109.12 Inspection requirements. The appropriate city inspector shall be notified for the following applicable inspections: a. Footing, wall, pre-form, pre-gunite, erosion control, underground plumbing, sanitary extension and cleanout, mechanical pool equipment, gas piping, mechanical enclosure location, cross connection and final inspection. b. An initial cross connection control installation inspection is required by the city cross connection control specialist prior to final installation approval. c. All backflow assemblies shall be tested by state certified backflow assembly testers upon initial installation and then annually thereafter. Copies of all test reports shall be submitted to the city water division for review and approval. E. Chapter 34, Existing Structures. 1. Section 3403.1.1.1 Residential Structures. Construction or reconstruction of residential structures is prohibited within designated floodways, except for (i) repairs, reconstruction, or improvements to a structure which do not increase the ground floor areas; and (ii) repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either, (A) before the repair, or reconstruction is started, or (B) 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 code specifications 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, may be excluded in the 50 percent. F. Appendix E, Accessibility Requirements. 1. Section E107 Signage. Deleted. 2. Section E108 Bus stops. Deleted. 3. Section E110 Airports. Deleted. 4. Section E111, Referenced standards. Deleted. G. Appendix G, Flood Resistant Construction. Section G301.1(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 which contain at least 50 lots or 5 acres, whichever is less. Packet Page 74 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red H. Appendix H, Signs. 1. Section H101.2 Signs exempt from permits. Replaced by ECDC 19.00.010 2. Section H101.2.1 Prohibited signs. (Q). a. It is unlawful for any person to advertise or display any visually communicated message, by letter or pictorially, of any kind on any seating bench, or in direct connection with any bench. b. All signs not expressly permitted by Chapter 20.60 c. Signs which the city engineer determines to be a hazard to vehicle or pedestrian traffic because they resemble or obscure a traffic control device, or pose a hazard to a pedestrian walkway or because they obscure visibility needed for safe traffic passage. Such signs shall be immediately removed at the request of the city engineer. ECDC. d. All signs which are located within a public right-of-way and that have been improperly posted or displayed are hereby declared to be a public nuisance and shall be subject to immediate removal and confiscation per ECDC 20.60.090 3. Section H104 Identification. Deleted. . 4. Section H106.1.1 Internally illuminated signs. Deleted. 5. Section H107 Combustible materials. Deleted. 6. Section H108 Animated devices. Deleted. 7. Section H109.1 Height restrictions. Deleted. 8. Section H110 Roof signs. Deleted. I. Appendix J, Grading. 1. Section J103.2 Exemptions. Replaced by 19.00.010(M). [Ord. 3736 § 34, 2009; Ord. 3726 § 1, 2009; Ord. 3715 § 1, 2008; Ord. 3699 § 2, 2008; Ord. 3651 § 1, 2007]. 19.00.010 Work exempt from permit. IBC Section 105.2 is replaced with the following: Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. It is the applicant’s responsibility to comply with bulk zoning code standards per ECDC Title 16 and storm water management provisions per Chapter 18.30 ECDC. Permits shall not be required for the following unless subject to the provisions of ECDC Title 23 or limited or prohibited by the provisions of Chapter 19.10 A. One (1) story detached accessory structures used as tool and storage sheds, playhouses and similar uses; provided the floor area (measured to the exterior wall or post) does not exceed 120 square feet, with a maximum eave of thirty (30) inches. ECDC: B. Fences not over six (6) feet high; provided a permit is not required by Chapter 17.30 ECDC. Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Space Before: 12 pt Formatted: Level 3, Indent: First line: 0", Space Before: 12 pt Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Packet Page 75 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red C. Movable cases, counters and partitions not over five (5) feet nine (9) inches high. D. Retaining walls four feet (4) in height or less measured vertically from the finished grade at the exposed toe of the retaining wall to the highest point in the wall, unless: 1. Supporting a surcharge; or 2. Impounding Class I, II, III-A liquids; or 3. Subject to the provisions of Chapter 23.50 ECDC or Chapter 23.80 E. Rockeries. ECDC. F. Water tanks supported directly upon grade if the capacity does not exceed 500 gallons and the ratio of height to diameter or width does not exceed two (2) to one (1). G. Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route, provided a permit is not required by Chapter 18.60 H. Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work. ECDC. I. Temporary motion picture, television and theater stage sets and scenery. J. Shade cloth structures constructed for nursery or agricultural purposes. K. Prefabricated swimming pools accessory to an occupancy in which the pool walls are entirely above the adjacent grade and the capacity does not exceed 5,000 gallons. Hot tubs and spas less than 5,000 gallons, completely supported by the ground. L. Swings and other playground equipment accessory to an occupancy. M. Grading less than fifty (50) cubic yards (placed, removed or moved within any 365-day period) unless subject to the provisions of Chapter 23.50 ECDC or Chapter 23.80 N. Repair of appliances which do not alter original approval, certification, listing or code. ECDC. O. Replacement or adding new insulation with no drywall removal or placement. P. Replacement or repair of existing gutters or downspouts. Q. The following types of signs are exempt from permit requirements except that dimensional size and placement standards shall comply with Chapter 20.60 1. Replacing the panel on a previously permitted existing wall cabinet or pole sign, ECDC: 2. Repainting an existing previously permitted wood sign, 3. Painted or vinyl lettering on storefront windows, 4. Governmental signs, campaign signs, official public notices, and signs required by provision of local, state, or federal law, 5. Temporary signs announcing the sale or rent of property and other temporary signs as described in ECDC 20.60.080, Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Indent: Left: 0", Right: 0", Don't adjust space between Latin and Asian text Packet Page 76 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red 6. Signs erected by the transportation authorities, and temporary seasonal and holiday displays. R. Television antennas less than thirty-nine (39) inches in diameter. [Ord. 3651 § 1, 2007]. 19.00.015 Fully complete application. In accordance with the provisions of RCW 19.27.031 and 19.27.074, an applicant’s rights shall vest when a fully complete building permit application is filed. A fully complete building permit application is an application executed by the owners of the property for which the application is submitted or the duly authorized agent(s) for such owners, containing each and every document required under the terms of these ordinances and the IBC and is substantially complete in all respects. It is anticipated that minor changes or revisions may be required and are frequently made in the course of any building application review process, and such minor revisions or changes shall not keep an application from being deemed complete if a good faith attempt has been made to submit a substantially complete application containing all required components. Where required, the application and supporting documents shall be stamped and/or certified by the appropriate engineering, surveying or other professional consultants. A fully complete building permit application shall be accompanied by all fees, including but not limited to building permit fees and plan review fees required under the provisions of this chapter and code. [Ord. 3651 § 1, 2007]. 19.00.020 Concurrent review. An applicant may submit an application for building permit approval and request plan review services concurrently with, or at any time following, the submittal of a complete application for any necessary or required discretionary permit approval or discretionary hearing; provided, that any building permit application submitted concurrently with an application for discretionary permit or approvals shall not be considered complete unless the applicant submits a signed statement, on a form approved by the director, which acknowledges that the building permit application is subject to any conditions or requirements imposed pursuant to the review and approval of any necessary or required discretionary permit or approvals. The applicant shall solely bear the risk of building permit submittal with discretionary permit approval. If, after discretionary approval, the building permit plans are modified or amended to comply with conditions or restrictions required by any discretionary permit or approval, the applicant shall be solely responsible for any and all costs which result therefrom, including but not limited to additional full plan review fees; provided further, that any applicant-initiated changes made after the original plan review is complete shall also require payment of full plan review fees. [Ord. 3651 § 1, 2007]. 19.00.025 Architectural design review – Optional vesting. In addition to the vesting rights created by RCW 19.27.095 and ECDC 19.00.015, an applicant for development as defined in ECDC 20.10.010 and subject to architectural design board (ADB) review may, at the applicant’s option, file a fully complete augmented architectural design review application (hereinafter “augmented ADB application”) and vest rights including applicable permit, development and impact fees under the provisions of the ECDC and the state building code as adopted and amended by the city of Edmonds, this title as then in effect, to, but only to, the extent that the application provides full and detailed information necessary to Formatted: Level 3, Indent: Left: 0", Right: 0" Formatted: Level 3, Space Before: 12 pt Formatted: Level 3, Indent: First line: 0", Space Before: 12 pt Formatted: Level 3, Indent: First line: 0", Space Before: 12 pt Formatted: Level 3, Indent: First line: 0", Space Before: 12 pt, Don't adjust space between Latin and Asian text Packet Page 77 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red confirm the particular regulation to be vested. The burden is on the applicant to provide such detail. A. A fully complete, augmented application for architectural design review shall consist of a complete application for architectural design review, executed by each and every property owner of record of the development site or their duly authorized agent(s), accompanied by the following: 1. All fees required by ordinance, including impact mitigation fees, to be deposited at the time such State Environmental Policy Act (SEPA) requirements become final. 2. A site plan showing the current zoning of the development site, the footprint of all proposed structures, the total square footage and use of each floor, all setbacks required by either the zoning code or state building codes, proposed parking configurations, and exits. 3. Elevation drawings showing the original grade of the site, any proposed alterations to grade, the proposed height of the structure and the number of stories. 4. A letter executed by all owners of record or their duly authorized agent(s) detailing the proposed use in sufficient detail to determine whether the proposed use complies with the zoning code then in effect and with the building code then in effect to determine type of construction and occupancy classifications of the IBC and IFC as those codes then in effect. 5. A building permit application, as described in IBC Section 105.3 as the same exists or is hereafter amended, and all building permit and plan review fees as established and set forth in Chapter 19.70 ECDC; provided, that the plans required by IBC Section 106107, as the same exists or is hereafter amended, and other engineering documents, plans or drawings required by ECDC Title 18 B. Upon filing of the augmented ADB application, the applicant shall be deemed fully vested as if a fully complete building permit application had been filed; provided: may be submitted within 90 days of final ADB approval, or final approval on appeal. 1. The burden shall be upon the applicant to supply all material required by the provisions of this section and as necessary to meet the requirements of Chapter 20.10 2. The application shall expire along with all rights vested 180 days following the date of application if final architectural design approval is not received. ECDC. The applicant may supplement the original application in the event an application is deemed incomplete by the development services director or designee. Vesting shall occur only when the application is deemed complete by the development services director. Failure to supplement an incomplete application within 90 days of final ADB approval shall result in forfeiture of all fees paid and no vesting right shall attach. a. The development services director or designee may issue an extension for an additional period, not exceeding 180 days, upon written request by the applicant(s) or their agent(s). Such request for extension shall be filed prior to the expiration of the original application time period. An extension shall be granted if the architectural design board has not yet considered the application or an appeal thereof is pending. Formatted: Level 3, Indent: First line: 0", Space Before: 12 pt Formatted: Level 3, Indent: First line: 0", Space Before: 12 pt, Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: First line: 0", Space Before: 12 pt Formatted: Level 3, Indent: First line: 0", Space Before: 12 pt, Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: First line: 0", Space Before: 12 pt Packet Page 78 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red b. The time period shall run concurrently with the periods established by ECDC 19.00.005 3. The applicant shall comply with all provisions of state law and regulation and this code regarding SEPA review. Review periods or delays occasioned by SEPA shall stay the time periods set by this chapter. as the same exists or is hereafter amended. No application shall be extended more than once. In order to renew an application after expiration, the applicant shall resubmit all required information and pay a new plan review fee. 4. Following final ADB approval, the applicant shall file the plans and information required by IBC Section 106107. It is anticipated that minor adjustments and changes may and are usually required to the plans submitted as a result of the plan review and administrative process; provided, that the following changes shall not be considered “minor” and shall forfeit vesting rights, and shall require the filing of a new application: a. Any substantial change not required by the terms of ADB approval. b. Any increase in height or total square footage or any change which would change the occupancy classification for the purposes of the State Building Code. 5. Any decision of the city staff regarding the application stated in this section and its interpretation shall be considered a Type I decision appealable only to the superior court of Snohomish County by Land Use Petition Act. C. The rights vested by ECDC 19.00.015 D. These sections shall not be interpreted to create vesting rights not protected by RCW 19.27.095 and shall not be interpreted as a further limitation on the administrative obligations and legislative powers of the city. By way of illustration and not limitation, this chapter does not limit: and this section refer only to zoning and building code rights protected by RCW 19.27.095. (Correct RCW?) 1. The city council’s authority to create local improvement districts. 2. The city council’s authority to legislate life safety requirements that are not required to recognize existing vested rights. 3. Environmental and shorelines review and mitigation procedures. [Ord. 3736 § 35, 2009; Ord. 3651 § 1, 2007]. 19.00.030 Demolition permits. Before the partial or complete demolition of any building or structure (interior or exterior), a demolition permit shall be obtained from the building official. The permit fee is hereby established as set forth in Chapter 19.70 ECDC. The applicant shall also post with the city, prior to permit issuance, a performance bond, or frozen fund, conforming to Chapter 17.10 ECDC herein, in an amount to be determined by the building official to satisfy all city requirements no later than 180 days after the issuance of the permit. The demolition performance bond or frozen fund shall not be released until the building official determines the following requirements have been completed: Formatted: Level 3, Indent: First line: 0", Space Before: 12 pt, Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: First line: 0", Space Before: 12 pt Formatted: Level 3, Indent: First line: 0", Space Before: 12 pt, Don't adjust space between Latin and Asian text Formatted: Level 3, Indent: First line: 0", Space Before: 12 pt Formatted: Level 3, Indent: First line: 0", Space Before: 12 pt, Don't adjust space between Latin and Asian text Packet Page 79 of 231 Exhibit 2 Formatted: Font: 20 pt Formatted: Right Formatted: Font: 20 pt, Font color: Red Formatted: Font: 20 pt Formatted: Font: 20 pt, Font color: Red A. Cap Abandoned Sanitary Sewers. Septic tanks are to be pumped, collapsed and removed and/or filled with earth, sand, concrete, CDF or hard slurry. B. Knock Down of Concrete Foundation Walls, Porches, Chimneys and Similar Structures. Concrete, bricks, cobbles and boulders shall be broken to less than 12-inch diameter. Debris left on site shall conform to IBC Section 18031804.2 for clean fill. C. Construction debris, vegetation, and garbage attributable to the demolition shall be removed from the site and from unopened street right-of-way within 30 days of written notice. No debris of any kind may be placed on street right-of-way (including alleys) without a right-of-way permit. D. Repair of any damage to, and restoration of, any public property to substantially original conditions, i.e., alley, street, sidewalk, landscaping, water meter, utilities, rockeries, retaining walls, etc. E. Grading of Site Back to Original Topography Grades. Basements shall be filled and compacted to 90 percent to be verified by special inspector. “Structural fill” is defined as any fill placed below structures, including slabs, where the fill soils need to support loads without unacceptable deflections or shearing. Structural fill should be clean and free draining and should be placed above unyielding native site soils and compacted to a minimum of 90 percent modified proctor, per ASTM D1557. F. Temporary erosion control is installed and maintained per Chapter 18.30 ECDC. [Ord. 3651 § 1, 2007]. Formatted: Level 3, Indent: First line: 0", Space Before: 12 pt Formatted: Level 3, Indent: First line: 0", Space Before: 12 pt, Don't adjust space between Latin and Asian text Formatted: Level 3, Space Before: 12 pt, Font Alignment: Baseline Packet Page 80 of 231 Exhibit 3 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right Formatted: Font: (Default) Arial, 20 pt Formatted: Font: (Default) Arial, 20 pt, Font color: Red Chapter 19.05 RESIDENTIAL BUILDING CODE Sections: 19.05.000 International Residential Code adopted. 19.05.005 Section amendments. 19.05.010 Work exempt from permit. 19.05.015 Fully complete application. 19.05.020 Concurrent review. 19.05.02510 Manufactured home installation standards. 19.05.000 International Residential Code adopted. The International Residential Code (IRC), 2009 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-51 WAC, and as subsequently amended by this chapter, is hereby adopted along with Appendix Chapters A, B, C, G, K and R. Under the statutory authority of RCW 19.27.031 and 19.27.074, the 2006 2009 Edition of the International Residential Code (IRC) as published by the International Code Council (ICC), including the state amendments set forth in Chapter 34.05 RCW and Chapter 51-51 WAC, including the following appendices: A (Sizing and Capacities of Gas Piping), B (Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category 1 Appliances, and Appliances Listed for Use and Type B Vents), C (Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems), and K (Sound Transmission Control), And possibly Appendix S depending on results of Fire Marshal discussions regarding fire sprinklers is hereby adopted by reference as if fully set forth as the residential building code of the city of Edmonds. The provisions of this code shall regulate the erection, construction, enlargement, alteration, equipment, use, area, and maintenance of residential buildings and structures in the city, and provide for the issuance of permits and the collection of permit fees. [Ord. 3651 § 1, 2007]. 19.05.005 Section amendments. Chapter one (1) is not adopted. See ECDC 19.00.015 The following sections of the IRC are herby amended as follows: A. Table R301.2(1) Climatic and Geographic Design Criteria, is amended with the following criteria: 1. Ground Snow Load = 25 psf 2. Wind Speed(d) = 85 mph 3. Topographical effects(k) = No 4. Seismic Design Category(f) = D2 5. Weathering(a) = moderate 6. Frost Line Depth(b) = 18 inches 7. Termite(c) = slight to moderate 8. Winter Design Temp(e) = 27 degrees F 9. Flood Hazard(g) = NFIP adoption 3/26/74. FIRM maps 11/8/99 10. Ice Sheild Underlayment(h) = not required Formatted: Indent: First line: 0" Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt, Not Bold Formatted: Font: (Default) Arial, 11 pt Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Tab after: 0.5" + Indent at: 0.5" Formatted: Bullets and Numbering Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Packet Page 81 of 231 Exhibit 3 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right Formatted: Font: (Default) Arial, 20 pt Formatted: Font: (Default) Arial, 20 pt, Font color: Red 11. Air Freezing Index(i) = 0-1000 12. Mean Annual Temp(j) = 50 degrees F B. Section R324 Automatic fire sprinkler system, is added and reads; The following sections of the IRC have been added, amended, deleted or replaced as follows: A. Chapter 1, Administration. 1. Section R104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. The building official is also authorized to use Chapter 20.110 2. Section R105.2 Work exempt from permit. Replaced by ECDC ECDC for code compliance in addition to the remedies provided for in this code. 19.05.010 3. Section R105.3.2 Time limitation of permit application. Replaced by ECDC . 19.00.005 4. Section R105.5 Permit expiration and extension. Every permit issued shall expire by limitation 360 days after issuance except as provided in ECDC (A)(5). 19.00.005(A)(6)(b) and 19.10.010 5. Section R105.5.1 Recommence work on an expired permit. Replaced by ECDC (A) (4)(a). 19.00.005 (A)(7). 6. R106.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by a stamp which states “APPROVED PLANS.” “REVIEWED FOR CODE COMPLIANCE.” One set of approved construction documents shall be retained by the building official. One set of approved construction documents shall be returned to the applicant and shall be made available on site to the building official or duly authorized agent of the city. 7. Section R106.3.3 Phased approval. a. The building official may issue partial permits for phased construction as part of a residential development before the entire plans and specifications for the whole building or structure have been approved provided a fully complete permit application for the entire building or structure has been submitted for review. b. Phased approval means permits for grading, shoring, and foundation may be issued separately, provided concurrent approval is granted by the planning manager, city engineer and fire marshal, when applicable. No phased approval permit shall be issued unless approved civil plans detailing the construction of all site improvements including, but not limited to: curbs, gutters, sidewalks, paved Formatted: Font: (Default) Arial, 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Indent: Left: 0.25" Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Tab after: 0.5" + Indent at: 0.5" Formatted: Bullets and Numbering Formatted: Indent: Left: 0.25" Formatted: Heading 3, Indent: First line: 0.25", Space Before: 12 pt Formatted: Font: 11 pt Formatted: Indent: Left: 0", First line: 0.25" Formatted: Indent: Left: 0", First line: 0.25", Don't adjust space between Latin and Asian Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Indent: Left: 0", First line: 0.25" Formatted: Font: (Default) Arial, 11 pt Formatted: Font: 11 pt Formatted: Font: (Default) Arial, 11 pt Packet Page 82 of 231 Exhibit 3 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right Formatted: Font: (Default) Arial, 20 pt Formatted: Font: (Default) Arial, 20 pt, Font color: Red streets, water lines, sewer lines, and storm drainage have been signed as approved by the city engineer. Replaced by ECDC 19.00.005 8. Section R107 Temporary structures and uses. Deleted. (A)(8). 9. Section R108 Fees. Replaced by Chapter 19.70 10. Section R109.1.3 Floodplain inspections. For construction in areas prone to flooding as established by Table R301.2(1), upon placement of the lowest floor, including basement, and prior to further vertical construction, the building official shall require submission of documentation, prepared and sealed by a State licensed land surveyor, of the elevation of the lowest floor, including basement, required in Section R324R322. Prior to final inspection approval, the building official shall require an elevation certificate based on finished construction prepared and sealed by a State licensed land surveyor. ECDC. 11. Section R109.1.5.1.2 Lath or gypsum board inspection. To be made after all lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or before gypsum board joints and fasteners are taped and finished. 12. Section R112 Board of Appeals. Replaced by Chapter 19.80 B. Chapter 2, Definitions. ECDC. 1. Section R202 Accessory structure. Deleted. C. Chapter 3, Building Planning. 1. Table R301.2(1) Climatic and geographic design criteria. a. Ground Snow load = 25 PSF b. Wind Speed(e)(mph) = 85 c. Topographical effects (k) = No cd. Seismic Design Category(g) = D2 de. Weathering(a) = moderate ef. Frost Line Depth(b) = 18'' fg. Termite(c) = Yes gh. Winter Design Temp(fe) = 27 degrees hi. Flood Hazards(hg) NFIP date of adoption 3-26-74 Effective FIRM Maps 11-8- 99 ij. Ice Shield Underlayment required(ih) = No Formatted: Font: 11 pt Formatted: Indent: Left: 0", First line: 0.25", Don't adjust space between Latin and Asian Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Indent: Left: 0", First line: 0.25" Formatted: Indent: Left: 0", First line: 0.25", Don't adjust space between Latin and Asian Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Indent: Left: 0", First line: 0.25" Formatted: Indent: Left: 0", First line: 0.25", Don't adjust space between Latin and Asian Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Indent: Left: 0", First line: 0.25" Packet Page 83 of 231 Exhibit 3 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right Formatted: Font: (Default) Arial, 20 pt Formatted: Font: (Default) Arial, 20 pt, Font color: Red jk. Air Freezing Index(ji) = 0-1000 kl. Mean Annual Temp(kj) = 50 degrees Refer to Table R301.2(1) for applicable footnotes. 2. Section R325 R324 Automatic fire sprinkler system. An automatic fire sprinkler system is required for buildings containing five (5) or more attached dwelling units. Refer to ECDC 19.25.040. Scott, this section may need to be coordinated with the possible Appendix S (sprinkler) adoption. Fire Marshal Westfall is coordinating those proposed changes. [Ord. 3715 § 2, 2008; Ord. 3651 § 1, 2007]. 19.05.010 Work exempt from permit. IRC Section R105.2 is replaced with the following: Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. It is the property owner’s responsibility to comply with bulk zoning code standards per ECDC Title 16 and storm water management provisions per Chapter 18.30 ECDC. Permits shall not be required for the following unless limited or prohibited by the provisions of Chapter 19.10 ECDC or ECDC Title 23. In addition to the permit exemptions of ECDC 19.00.010 A. One (1) story detached accessory structures used as tool and storage sheds, playhouses and similar uses; provided the floor area (measured to the exterior wall or post) does not exceed 200 square feet, with a maximum eave of twelve (12) inches and maximum height of fifteen (15) feet. Vehicle storage structures, such as garages and carports, are not included except as set forth in ECDC , the following single family dwelling exemptions shall apply: 19.05.010 B. Window awnings supported by an exterior wall and do not project more than fifty-four (54) inches from the exterior wall and do not require additional support. ECDC Title (J) for canopies. 23 C. Sport courts less than 2,000 square feet. provisions do not apply. D. Dock repair of individual decking members. ECDC Title 23 E. Replacement or repair of existing exterior siding. ECDC Title provisions do not apply. 23 F. Replacement or repair of existing window or doors with no change in size or framing. ECDC Title provisions do not apply. 23 provisions do not apply. G. Replacement or repair of limited individual exterior deck components. The total work shall not exceed 10% each of decking, joists, & guard balusters and 25% of Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Indent: Left: 0.25" Formatted: Font: 11 pt Formatted: Font: (Default) Arial, 11 pt Formatted: Indent: Left: 0.25" Packet Page 84 of 231 Exhibit 3 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right Formatted: Font: (Default) Arial, 20 pt Formatted: Font: (Default) Arial, 20 pt, Font color: Red stair treads. Percentage of repairs apply to each deck or flight of stairs, not a cumulative total for multiple decks and stairs. Landings shall be considered as a portion of the deck. Replacement of footings, beams, columns, or stair stringers requires a permit. ECDC Title 23 provisions do not apply. G. Replacement or repair of individual decking, joists, stair treads, or intermediate rails. ECDC Title 23 H. Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route, provided a permit is not required by Chapter provisions do not apply. 18.60 I. Uncovered platforms, decks, patios, not exceeding 200 square feet in area, that are not more than thirty (30) inches above grade at any point, are not attached to a dwelling and do not serve the exit door required by IRC Section R311.4 ECDC. and not over any basement or story below and are not part of an accessible route. J. Canopies, as defined in ECDC 17.70.035 [Ord. 3743 § 1, 2009; Ord. 3651 § 1, 2007]. , accessory to a single family dwelling, with a floor area measured to the exterior wall or post not to exceed 200 square feet, for covered storage, carport or similar use. 19.05.015 Fully complete application. In accordance with the provisions of RCW 19.27.031 and 19.27.074, an applicant’s rights shall vest when a fully complete building permit application is filed pursuant to ECDC 19.00.015 19.05.020 Concurrent review. . [Ord. 3651 § 1, 2007]. An applicant may submit an application for building permit approval and request plan review services concurrently with, or at any time following, the submittal of a complete application for any necessary or required discretionary permit approval or discretionary hearing pursuant to ECDC 19.00.020 19.05.0 . [Ord. 3651 § 1, 2007]. 25 A. Permit Regulations. 10 Manufactured home installation standards. 1. Chapter 296-150M WAC, as currently promulgated together with any future amendments thereof, or future additions thereto, is hereby adopted by reference and incorporated into the ECDC as if set forth herein in full. The building official is authorized to issue building permits and collect permit fees for the installation of all manufactured homes that meet the requirements of this chapter, to inspect the installation of manufactured homes, and enforce all violations of this chapter. 2. All references to “installation permits” in Chapter 296-150M WAC, as herein adopted by reference, shall refer to building permits issued for the installation of manufactured homes. 3. Fees for the installation of a manufactured home shall be set forth in Chapter 19.70 ECDC. All other applicable development fees shall also be imposed as with any other single-family residence. 4. Mobile homes are permitted only within designated mobile home parks. Formatted: Font: 11 pt Formatted: Indent: Left: 0", Don't adjust space between Latin and Asian text Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Font: 11 pt Formatted: Strikethrough Formatted: Not Strikethrough Packet Page 85 of 231 Exhibit 3 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right Formatted: Font: (Default) Arial, 20 pt Formatted: Font: (Default) Arial, 20 pt, Font color: Red 5. Pursuant to added RCW 35.21.897, 35A.21.310, 36.01.220, and amended RCW 35.63.160 and 1998 c 239 s 1, homes built to 42 USC Section 5401 through 5403 standards (as amended in 2000) shall be regulated for the purposes of siting, in the same manner as site-built homes, factory-built homes, or homes built to any other approved state construction. 6. Manufactured homes to be placed within the city shall not be older than three calendar years from the date of complete permit application submittal. The applicant is required to provide the vehicle identification number (VIN) information. 7. All spaces measured from the underside of the home to finished grade shall be enclosed with a decorative skirting. 8. Manufactured homes shall be thermally equivalent to the current State Energy Code. 9. The minimum manufactured home size shall be at least two fully enclosed parallel sections each not less than 12 feet wide by 36 feet long. 10. Coated metal, tin, or vinyl roofing material is not permitted. 11. Manufactured homes shall comply with all other development standards of this code. [Ord. 3651 § 1, 2007]. Formatted: Font: (Default) Arial, 11 pt Packet Page 86 of 231 Exhibit 4 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right Chapter 19.15 MECHANICAL CODE AND FUEL GAS CODE Sections: 19.15.000 International International Mechanical Code and International Fuel Gas Code adopted. 19.15.005 Amendments 19.15.010 International Fuel Gas Code Section amendmentsadopted. 19.15.015 Amendments 19.15.010 19.15.000 International Mechanical Code and International Fuel Gas Code adopted. Work exempt from permit. The International Mechanical Code (IMC), 2009 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-52 WAC, and as subsequently amended by this chapter is hereby adopted. 19.15.005 Amendments Chapter one (1) is not adopted. See ECDC 19.00.015 19.15.010 International Fuel Gas Code adopted. The International Fuel Gas Code, 2009 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-52 WAC inclusive of NFPA 54 and 58, and as subsequently amended by this chapter, is hereby adopted. 19.15.015 Amendments Chapter one (1) is not adopted. See ECDC 19.00.015 Under the statutory authority of RCW 19.27.020 and 19.27.190, the 2006 2009 Edition of the International Mechanical Code (IMC) as well as the 2006 2009 Edition of the International Fuel and Gas Code (IFGC) including the following appendices: A (Sizing and Capacities of Gas Piping), B (Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category 1 Appliances, and Appliances Listed For Use and Type B Vents), C (Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems), except for Section 109, Means of Appeals, which is replaced by Chapter 19.80 19.15.005 Section amendments. Formatted: Indent: Left: 0.17" Formatted: Indent: First line: 0" Formatted: Font: Bold Formatted: Indent: First line: 0" ECDC, published by the International Code Council together with the state amendments set forth in Chapter 51-52 WAC, are adopted by reference as if fully set forth as the mechanical code and fuel gas code of the city of Edmonds. [Ord. 3651 § 1, 2007]. Packet Page 87 of 231 Exhibit 4 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right A. Chapter 1, Administration. 1. Section 106.2 Work exempt from permit. Replaced by ECDC 19.15.010 2. Section 106.4.3 Expiration: . a. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced and granted final approval within 180 days from the date of such permit. Once expired, a new permit with full fees shall be obtained before work is recommenced. b. Mechanical permits issued in conjunction with a main building permit may be extended to expire with the main building permit and may be extended with provisions afforded to the main building permit. 3. Section 106.4.4 Extensions. Deleted. 4. Section 106.5 Fees. Replaced by Chapter 19.70 5. Section 109 Appeals. Replaced by Chapter ECDC. 19.80 [Ord. 3651 § 1, 2007]. Scott, this is mentioned above. Is this not redundant? ECDC. 19.15.010 Work exempt from permit. IFGC Section 106.2 and IMC Section 106.2 is amended as follows: Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. A building permit shall not be required for the following subject to stated limitations in areas of the city subject to the provisions of Chapter 19.10 A. Fuel Gas (IFGC): ECDC: 1. Portable heating, cooking or clothes drying appliances. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 3. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. B. Mechanical (IMC): 1. Portable heating appliances. 2. Portable ventilation appliances. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Packet Page 88 of 231 Exhibit 4 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right 6. Portable evaporative cooler. 7. Self-contained refrigeration systems containing ten (10) pounds or less of refrigerant or that are actuated by motors of one (1) horsepower or less. 8. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. [Ord. 3651 § 1, 2007]. Packet Page 89 of 231 Exhibit 5 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right Chapter 19.20 PLUMBING CODE Sections: 19.20.000 Uniform Plumbing Code adopted. 19.20.005 Section aAmendments. 19.20.010 Evidence of potable water. 19.20.000 Uniform Plumbing Code adopted. Under the statutory authority of RCW 19.27.031 and 19.27.074, tThe Uniform Plumbing Code (UPC), 2006 2009 Edition, including Appendix G (Graywater Systems for Single- Family Dwellings), published by the International Association of Plumbing and Mechanical Officials, as amended by the Washington State Building Code Council in Chapter 51-56 WAC, and as subsequently amended by this chapter; provided that any provisions that affect fuel gas piping are not adopted, is hereby adopted. together with the state amendments set forth in Chapters 51-56 and 51-57 WAC, are adopted by reference as if fully set forth as the plumbing code for the city of Edmonds, with the exception of fuel-gas piping being superseded by the International Fuel Gas Code as described in Chapter 19.15 19.20.005 Section aAmendments. ECDC, and the amendments contained herein. The 2006 2009 Edition of the Uniform Plumbing Code Standards is also adopted by reference as if fully set forth, pursuant to Chapter 51-57 WAC. [Ord. 3651 § 1, 2007]. Chapter one (1) is not adopted. See ECDC 19.00.015 Section 1014 Grease traps and interceptors, is deleted. See ECC 7.90 Section 1016 Sand Interceptors, is deleted Section 1017 Oil and flammable liquids interceptors, is deleted. Chapter 12 Fuel piping, is deleted Chapter 15 Firestop protection, is deleted A. Chapter 1, Administration. 1. Section 102.4 Appeals. Replaced by Chapter 19.80 2. Section 103.3.4 Expiration: ECDC. Scott, this section appeared in the 2006 state amendments, but does not show up in the 2009. Do we need to spell out a provision for appeals here, or can we delete this reference? a. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not Formatted: Indent: First line: 0", Don't adjust space between Latin and Asian text Packet Page 90 of 231 Exhibit 5 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right commenced and granted final approval within 180 days from the date of such permit. Once expired, a new permit with full fees shall be obtained before work is recommenced. b. Plumbing permits issued in conjunction with a main building permit may be extended to expire with the main building permit and may be extended with provisions afforded to the main building permit. 3. Section 103.4 Fees. Replaced by Chapter 19.70 4. Section 103.6.4 Septic or sewer system connection: ECDC. a. No occupancy permit shall be issued for the occupancy of any building or structure until connection to the city public sewer system has been verified or an approved sewage septic system has been installed and approved. B. Chapter 7, Sanitary Drainage. 1. Part II Building sewers. Deleted. a. Section 713.0 Sewer required. Deleted. Building sewers located more than two feet from the exterior wall of the building to the property line are regulated by the city public works director. 2. Section 714.0 Damage to public sewer or private sewage disposal system. Deleted. 3. Section 715.0 Building sewer materials. Deleted. 4. Section 716.0 Markings. Deleted. 5. Section 717.0 Size of building sewers. Deleted. 6. Section 718.0 Grade, support and protection of building sewers. Deleted. 7. Section 719.0 Cleanouts. Deleted. 8. Section 720.0 Sewer and water pipes. Deleted. 9. Section 721.0 Location. Deleted. 10. Section 722.0 Abandoned sewers and sewage disposal facilities. Deleted. 11. Section 723.0 Building sewer test. Deleted. 12. Table 7-7 Minimum horizontal distance required from building sewer. Deleted. 13. Table 7-8 Maximum/minimum fixture unit loading on building sewer piping. Deleted. C. Chapter 10, Traps and Interceptors. Part 2 is already deleted by WAC 1. UPC 1014.0 Grease traps and interceptors. Deleted. Grease traps and all interceptors are regulated by ECC Chapter 7.90. 2. UPC 1015.0 Food waste disposal and dishwasher prohibited. Deleted. 3. UPC 1016.0 Sand interceptors. Deleted. Packet Page 91 of 231 Exhibit 5 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right 4. UPC 1017.0 Oil and flammable liquids interceptors. Deleted. D. Chapter 11, Storm drainage. Replaced Superseded by Chapter 18.30 E. Chapter 12, Fuel piping. Replaced by Chapter ECDC where any conflict occurs. 19.15 F. Chapter 15, Firestop protection. Deleted. ECDC. [Ord. 3651 § 1, 2007]. 19.20.010 Evidence of potable water. Prior to the issuance of any building permit for new development, the building official shall require substantive evidence of an adequate potable water supply from the purveyor of water to the site for which a building permit is requested. For those areas lying within the service area of the city of Edmonds water utility, the notification from a duly authorized representative of the city's water utility shall be sufficient; provided, nothing herein shall be interpreted to prevent the city or any of its water purveyors from declaring a moratorium or other water emergency limiting or otherwise restricting the availability of adequate potable water. Applicants relying on a well shall provide a copy of applicable state approval for the appropriation and a current test of water quality by a qualified laboratory. [Ord. 3651 § 1, 2007]. Packet Page 92 of 231 Exhibit 6 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right Chapter 19.30 ENERGY CODE Sections: 19.30.000 State Energy Code adopted. 19.30.000 State Energy Code adopted. Under the statutory authority of RCW 19.27A.022, 19.27A.025 and 19.27A.045, tThe Washington State Energy Code, 20096 Edition, is as adopted and amended by the Washington State Building Code Council in Chapter 51-11 WAC, is hereby adopted. hereby adopted by reference as if fully set forth as the energy code of the city of Edmonds, pursuant to Chapters 19.27 and 34.05 RCW, together with state amendments set forth in Chapter 51-11 WAC. [Ord. 3651 § 1, 2007]. Formatted: Indent: First line: 0" Packet Page 93 of 231 Exhibit 7 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right Chapter 19.15Chapter 19.35 VENTILATION CODE Sections: 19.35.000 State Ventilation and Indoor Air Quality Code adopted. 19.35.005 Conflicts with other codes. 19.35.000 State Ventilation and Indoor Air Quality Code adopted. Under the statutory authority of RCW 19.27.020 and 19.27.190, the 2006 Edition of the Washington State Ventilation and Indoor Air Quality Code is hereby adopted by reference as if fully set forth as the ventilation code of the city of Edmonds, pursuant to RCW 19.27.190 and together with the state amendments set forth in Chapter 51-13 WAC. [Ord. 3651 § 1, 2007]. 19.35.005 Conflicts with other codes. A. In addition to the requirements of this code, buildings shall conform to the provisions of the State Building Code, Chapter 19.27 RCW, and Chapters 51-50, 51-52, 51-54 and 51-56 WAC. In case of conflicts between the IBC, UPC, IMC and IFC as adopted and amended in Chapters 51-50, 51-52, 51-54 and 51-56 WAC, the provisions of Chapter 51-13 WAC shall govern. This code is not intended to abridge any safety or health requirements under any other applicable codes or ordinances. B. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. [Ord. 3651 § 1, 2007]. Sections: MECHANICAL CODE AND FUEL GAS CODE 19.15.000 International Mechanical Code and International Fuel Gas Code adopted. 19.15.005 Section amendments. 19.15.010 Work exempt from permit. Formatted: Centered Formatted: Centered, Don't adjust space between Latin and Asian text Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Heading 2, Centered Formatted: Heading 2, Centered, Don't adjust space between Latin and Asian text Packet Page 94 of 231 Exhibit 7 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right 19.15.000 International Mechanical Code and International Fuel Gas Code adopted. Under the statutory authority of RCW 19.27.020 and 19.27.190, the 2006 2009 Edition of the International Mechanical Code (IMC) as well as the 2006 2009 Edition of the International Fuel and Gas Code (IFGC) including the following appendices: A (Sizing and Capacities of Gas Piping), B (Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category 1 Appliances, and Appliances Listed For Use and Type B Vents), C (Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems), except for Section 109, Means of Appeals, which is replaced by Chapter 19.80 19.15.005 Section amendments. ECDC, published by the International Code Council together with the state amendments set forth in Chapter 51-52 WAC, are adopted by reference as if fully set forth as the mechanical code and fuel gas code of the city of Edmonds. [Ord. 3651 § 1, 2007]. A. Chapter 1, Administration. 1. Section 106.2 Work exempt from permit. Replaced by ECDC 19.15.010 2. Section 106.4.3 Expiration: . a. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced and granted final approval Formatted: Heading 2, Centered, Space Before: 0 pt Formatted: Heading 2, Centered, Don't adjust space between Latin and Asian text Formatted: Heading 2, Centered, Space Before: 0 pt Formatted: Heading 2, Centered Formatted: Heading 2, Centered, Don't adjust space between Latin and Asian text Formatted: Heading 2, Centered Packet Page 95 of 231 Exhibit 7 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right within 180 days from the date of such permit. Once expired, a new permit with full fees shall be obtained before work is recommenced. b. Mechanical permits issued in conjunction with a main building permit may be extended to expire with the main building permit and may be extended with provisions afforded to the main building permit. 3. Section 106.4.4 Extensions. Deleted. 4. Section 106.5 Fees. Replaced by Chapter 19.70 5. Section 109 Appeals. Replaced by Chapter ECDC. 19.80 [Ord. 3651 § 1, 2007]. Scott, this is mentioned above. Is this not redundant? ECDC. 19.15.010 Work exempt from permit. IFGC Section 106.2 and IMC Section 106.2 is amended as follows: Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. A building permit shall not be required for the following subject to stated limitations in areas of the city subject to the provisions of Chapter 19.10 A. Fuel Gas (IFGC): Formatted: Heading 2, Centered, Don't adjust space between Latin and Asian text Formatted: Heading 2, Centered Formatted: Heading 2, Centered, Space Before: 0 pt Formatted: Heading 2, Centered Formatted: Heading 2, Centered, Don't adjust space between Latin and Asian text Formatted: Heading 2, Centered ECDC: Packet Page 96 of 231 Exhibit 7 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right 1. Portable heating, cooking or clothes drying appliances. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 3. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. B. Mechanical (IMC): 1. Portable heating appliances. 2. Portable ventilation appliances. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration systems containing ten (10) pounds or less of refrigerant or that are actuated by motors of one (1) horsepower or less. 8. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. [Ord. 3651 § 1, 2007]. Packet Page 97 of 231 Exhibit 7 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right Packet Page 98 of 231 Exhibit 8 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right Chapter 19.40 DANGEROUS BUILDINGS CODE Sections: 19.40.000 Dangerous buildings code adopted. 19.40.005 Purpose and code conflicts. 19.40.010 Section amendments. 19.40.000 Dangerous buildings code adopted. The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, as published by the International Conference of Building Officials is hereby adopted by reference as if fully set forth as the dangerous building code for the city of Edmonds, and the amendments contained herein. [Ord. 3651 § 1, 2007]. 19.40.005 Purpose and code conflicts. A. It is the purpose of this code to provide a just, equitable and practicable method, to be cumulative with and in addition to any other remedy provided by the International Building Code, International Residential Code, Uniform Housing Code or otherwise available by law, whereby buildings or structures which from any cause endanger the life, limb, health, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished. The purpose of this code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code. B. If there is a conflict between the building code, dangerous buildings code, plumbing code, mechanical code or housing code, then the conditions, requirements, provisions or terms which provide, in the opinion of the building official, for the greatest public safety shall be observed and shall control. In addition to the remedies adopted in such code, criminal penalties may be imposed pursuant to the provisions of Chapter 19.85 ECDC. [Ord. 3651 § 1, 2007]. 19.40.010 Section amendments. A. Chapter 2, Enforcement. 1. Section 205 Appeals. Replaced by Chapter 19.80 ECDC. B. Chapter 3, Definitions. 1. Section 302, Dangerous building, is hereby amended by the addition of a new subsection 19 to read as follows: 19. Whenever a building or portion thereof is determined to be contaminated with toxic chemicals. A rebuttable presumption is hereby created that a building is contaminated with toxic chemicals if such a determination is made by the Snohomish County Health District, by the Washington State Department of Ecology, or by the U.S. Environmental Protection Agency, in accordance with such criteria and standards as such public agencies shall establish. [Ord. 3651 § 1, 2007]. Formatted: Strikethrough Formatted: Centered, Don't adjust space between Latin and Asian text Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: note, Left, Don't adjust space between Latin and Asian text Formatted: Strikethrough Packet Page 99 of 231 Exhibit 8 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right Chapter 19.15 MECHANICAL CODE AND FUEL GAS CODE Sections: 19.15.000 International Mechanical Code and International Fuel Gas Code adopted. 19.15.005 Section amendments. 19.15.010 19.15.000 International Mechanical Code and International Fuel Gas Code adopted. Work exempt from permit. Under the statutory authority of RCW 19.27.020 and 19.27.190, the 2006 2009 Edition of the International Mechanical Code (IMC) as well as the 2006 2009 Edition of the International Fuel and Gas Code (IFGC) including the following appendices: A (Sizing and Capacities of Gas Piping), B (Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category 1 Appliances, and Appliances Listed For Use and Type B Vents), C (Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems), except for Section 109, Means of Appeals, which is replaced by Chapter 19.80 19.15.005 Section amendments. Formatted: Heading 2, Centered Formatted: Heading 2, Centered, Don't adjust space between Latin and Asian text Formatted: Heading 2, Centered, Space Before: 0 pt Formatted: Heading 2, Centered, Don't adjust space between Latin and Asian text Formatted: Heading 2, Centered, Space Before: 0 pt ECDC, published by the International Code Council together with the state amendments set forth in Chapter 51-52 WAC, are adopted by reference as if fully set forth as the mechanical code and fuel gas code of the city of Edmonds. [Ord. 3651 § 1, 2007]. Packet Page 100 of 231 Exhibit 8 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right A. Chapter 1, Administration. 1. Section 106.2 Work exempt from permit. Replaced by ECDC 19.15.010 2. Section 106.4.3 Expiration: . a. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced and granted final approval within 180 days from the date of such permit. Once expired, a new permit with full fees shall be obtained before work is recommenced. b. Mechanical permits issued in conjunction with a main building permit may be extended to expire with the main building permit and may be extended with provisions afforded to the main building permit. 3. Section 106.4.4 Extensions. Deleted. 4. Section 106.5 Fees. Replaced by Chapter 19.70 5. Section 109 Appeals. Replaced by Chapter ECDC. 19.80 [Ord. 3651 § 1, 2007]. Scott, this is mentioned above. Is this not redundant? ECDC. 19.15.010 Work exempt from permit. Formatted: Heading 2, Centered Formatted: Heading 2, Centered, Don't adjust space between Latin and Asian text Formatted: Heading 2, Centered Formatted: Heading 2, Centered, Don't adjust space between Latin and Asian text Formatted: Heading 2, Centered Formatted: Heading 2, Centered, Space Before: 0 pt Packet Page 101 of 231 Exhibit 8 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right IFGC Section 106.2 and IMC Section 106.2 is amended as follows: Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. A building permit shall not be required for the following subject to stated limitations in areas of the city subject to the provisions of Chapter 19.10 A. Fuel Gas (IFGC): ECDC: 1. Portable heating, cooking or clothes drying appliances. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 3. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. B. Mechanical (IMC): 1. Portable heating appliances. 2. Portable ventilation appliances. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. Formatted: Heading 2, Centered Formatted: Heading 2, Centered, Don't adjust space between Latin and Asian text Formatted: Heading 2, Centered Packet Page 102 of 231 Exhibit 8 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right 5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration systems containing ten (10) pounds or less of refrigerant or that are actuated by motors of one (1) horsepower or less. 8. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. [Ord. 3651 § 1, 2007]. Packet Page 103 of 231 Exhibit 9 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right Chapter 19.30Chapter 19.50 HISTORIC BUILDING CODE Sections: 19.50.000 State Historic Building Code adopted. 19.50.005 Purpose, scope and code conflicts. 19.50.010 Fully complete application. 19.50.015 Concurrent review. 19.50.020 Architectural design review – Optional vesting. 19.50.000 State Historic Building Code adopted. Under the statutory authority of RCW 19.27.074 and 19.27.120, and WSR 91-01-103, the 1991 Edition of the State Historic Building Code (SHBC) as printed and distributed by the Washington Association of Building Officials, including state amendments set forth in Chapter 51-19 WAC, is hereby adopted by reference as if fully set forth as the historic building code of the city of Edmonds subject to the following amendment: WAC 51-19-280, Appeals, is replaced by Chapter 19.80 ECDC. [Ord. 3651 § 1, 2007]. 19.50.005 Purpose, scope and code conflicts. A. The provisions of the SHBC shall constitute the minimum standards for the preservation, restoration and related reconstruction, rehabilitation, strengthening, or relocation of buildings or structures, changes of occupancy and alteration or repair of designated historic buildings. This code applies only to designated historic buildings deemed so by the Edmonds historic preservation commission. It is the purpose of the SHBC to establish regulations and code alternatives to preserve original or restored architectural elements and features so that any alterations to the historic building or structure will result in a building or structure that will be less hazardous, based on minimum life safety and fire codes, than the existing building. B. If there is a conflict between the International Building Code, Uniform Code for the Abatement of Dangerous Buildings, International Fuel Gas Code, Uniform Plumbing Code, International Mechanical Code or Uniform Housing Code, then the conditions, requirements, provisions or terms which provide, in the opinion of the building official, for the greatest public safety shall be observed and shall control. In addition to the remedies adopted in such code, criminal penalties may be imposed pursuant to the provisions of Chapter 19.85 ECDC. [Ord. 3651 § 1, 2007]. 19.50.010 Fully complete application. In accordance with the provisions of RCW 19.27.031 and 19.27.074, an applicant's rights shall vest when a fully complete building permit application is filed pursuant to ECDC 19.00.015. [Ord. 3651 § 1, 2007]. 19.50.015 Concurrent review. An applicant may submit an application for building permit approval and request plan review services concurrently with, or at any time following, the submittal of a complete application for any necessary or required discretionary permit approval or discretionary hearing pursuant to ECDC 19.00.020. [Ord. 3651 § 1, 2007]. Formatted: Centered, Don't adjust space between Latin and Asian text Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Packet Page 104 of 231 Exhibit 9 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right 19.50.020 Architectural design review – Optional vesting. An applicant of a designated historic building may submit an augmented ADB application pursuant to ECDC 19.00.025 ENERGY CODE . [Ord. 3651 § 1, 2007]. Sections: 19.30.000 19.30.000 State Energy Code adopted. State Energy Code adopted. Under the statutory authority of RCW 19.27A.022, 19.27A.025 and 19.27A.045, the Washington State Energy Code, 20096 Edition, is hereby adopted by reference as if fully set forth as the energy code of the city of Edmonds, pursuant to Chapters 19.27 and 34.05 RCW, together with state amendments set forth in Chapter 51-11 WAC. [Ord. 3651 § 1, 2007]. Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Indent: First line: 0" Packet Page 105 of 231 Exhibit 10 Formatted ... Formatted: Right Chapter 19.40 International Property Maintenance Code Sections: 19.40.000 International Property Maintenance Code adopted. 19.40.005 Amendments 19.40.000 International Property Maintenance Code adopted. The International Property Maintenance Code, 2009 Edition, published by the International Code Council, is hereby adopted. 19.40.005 Amendments. A. Section 102.3 Application of other codes, is amended to read: Repairs, additons or alterations to a structure, or changes of occupancy shall be done in accordance with the procedures and provisions of the codes listed in 19.00.005. Nothing in this code shall be construed to cancel, modify or set aside any provision of the ECDC. B. Section 106 Violations, is deleted and replaced as follows; Violation of any provisions of this code are subject to the Civil Violation – Enforcement procedures in Chapter 20.110 ECDC. C. Sections 108.2 Closing of vacant structures, 108.3 Notice, 108.4 Placarding, 108.5 Prohibited occupancy, 108.6 Abatement methods and 108.7 Record, are deleted and replaced by the provisions of Chapter 20.110 ECDC D. Section 111 Means of Appeal, is deleted and replaced by ECDC section 20.110.040 C. E. Section 302 is deleted F. Section 303 is deleted G. Section 308 is deleted H. Section 309 is deleted Chapter 19.15 MECHANICAL CODE AND FUEL GAS CODE Sections: 19.15.000 International Mechanical Code and International Fuel Gas Code adopted. 19.15.005 Section amendments. 19.15.010 Work exempt from permit. Formatted: Centered Formatted: Indent: First line: 0" Formatted: p1 Formatted: Font: Bold Formatted: p1, Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Tab after: 0.5" + Indent at: 0.5" Formatted: Bullets and Numbering Formatted: Indent: Left: 0.5" Formatted: p1, Indent: Left: 0.25" Formatted: Font: Bold Formatted: p1, Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Tab after: 0.5" + Indent at: 0.5" Formatted: Bullets and Numbering Formatted: p1, Indent: Left: 0.25" Formatted: Font: Bold Formatted: p1, Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Tab after: 0.5" + Indent at: 0.5" Formatted: Bullets and Numbering Formatted: Font: Bold Formatted: p1, Indent: Left: 0.25" Formatted: Font: Bold Formatted: p1, Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Tab after: 0.5" + Indent at: 0.5" Formatted: Bullets and Numbering Formatted ... Formatted: Bullets and Numbering Formatted ... Formatted: Bullets and Numbering Formatted ... Formatted: Bullets and Numbering Formatted ... Formatted: Bullets and Numbering Formatted: p1 Formatted: p1, Left Formatted: p1 Formatted ... Packet Page 106 of 231 Exhibit 10 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right 19.15.000 International Mechanical Code and International Fuel Gas Code adopted. Under the statutory authority of RCW 19.27.020 and 19.27.190, the 2006 2009 Edition of the International Mechanical Code (IMC) as well as the 2006 2009 Edition of the International Fuel and Gas Code (IFGC) including the following appendices: A (Sizing and Capacities of Gas Piping), B (Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category 1 Appliances, and Appliances Listed For Use and Type B Vents), C (Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems), except for Section 109, Means of Appeals, which is replaced by Chapter 19.80 19.15.005 Section amendments. ECDC, published by the International Code Council together with the state amendments set forth in Chapter 51-52 WAC, are adopted by reference as if fully set forth as the mechanical code and fuel gas code of the city of Edmonds. [Ord. 3651 § 1, 2007]. A. Chapter 1, Administration. 1. Section 106.2 Work exempt from permit. Replaced by ECDC 19.15.010 2. Section 106.4.3 Expiration: . a. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced and granted final approval within 180 days from the date of such permit. Once expired, a new permit with full fees shall be obtained before work is recommenced. b. Mechanical permits issued in conjunction with a main building permit may be extended to expire with the main building permit and may be extended with provisions afforded to the main building permit. 3. Section 106.4.4 Extensions. Deleted. 4. Section 106.5 Fees. Replaced by Chapter 19.70 5. Section 109 Appeals. Replaced by Chapter ECDC. 19.80 [Ord. 3651 § 1, 2007]. Scott, this is mentioned above. Is this not redundant? ECDC. 19.15.010 Work exempt from permit. IFGC Section 106.2 and IMC Section 106.2 is amended as follows: Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. A building permit shall not be required for the following subject to stated limitations in areas of the city subject to the provisions of Chapter 19.10 A. Fuel Gas (IFGC): ECDC: 1. Portable heating, cooking or clothes drying appliances. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 3. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. B. Mechanical (IMC): 1. Portable heating appliances. 2. Portable ventilation appliances. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration systems containing ten (10) pounds or less of refrigerant or that are actuated by motors of one (1) horsepower or less. Formatted: p1, Space Before: 0 pt Formatted: p1, Space Before: 0 pt Formatted: p1 Formatted: p1, Don't adjust space between Latin and Asian text Formatted: p1 Formatted: p1, Don't adjust space between Latin and Asian text Formatted: p1 Formatted: p1, Space Before: 0 pt Formatted: p1, Don't adjust space between Latin and Asian text Formatted: p1 Packet Page 107 of 231 Exhibit 10 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right 8. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. [Ord. 3651 § 1, 2007]. Packet Page 108 of 231 Exhibit 11 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right Chapter 19.45 HOUSING CODE Sections: 19.45.000 Uniform Housing Code adopted. 19.45.005 Purpose and code conflicts. 19.45.000 Uniform Housing Code adopted. The Uniform Housing Code (UHC), 1997 Edition, as published by the International Conference of Building Officials is hereby adopted by reference as if fully set forth as the housing code for the city of Edmonds, subject to the following amendment: Section 203, Appeals, is replaced by Chapter 19.80 ECDC. [Ord. 3651 § 1, 2007]. 19.45.005 Purpose and code conflicts. A. The purpose of this code is to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the use and occupancy, location, and maintenance of all residential buildings and structures within this jurisdiction. B. In cases where the Uniform Housing Code and the current adopted International Building Code and International Residential Code conflict or, if there is a conflict between the building code, dangerous buildings code, plumbing code, mechanical code or housing code, then the conditions, requirements, provisions or terms which provide, in the opinion of the building official, for the greatest public safety shall be observed and shall control. In addition to the remedies adopted in such code, criminal penalties may be imposed pursuant to the provisions of Chapter 19.85 ECDC. [Ord. 3651 § 1, 2007]. Chapter 19.15 MECHANICAL CODE AND FUEL GAS CODE Sections: Formatted: Centered Formatted: Centered, Don't adjust space between Latin and Asian text Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Strikethrough Formatted: Centered Formatted: Strikethrough Formatted: Space Before: Auto Formatted: Heading 2, Centered Packet Page 109 of 231 Exhibit 11 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right 19.15.000 International Mechanical Code and International Fuel Gas Code adopted. 19.15.005 Section amendments. 19.15.010 19.15.000 International Mechanical Code and International Fuel Gas Code adopted. Work exempt from permit. Under the statutory authority of RCW 19.27.020 and 19.27.190, the 2006 2009 Edition of the International Mechanical Code (IMC) as well as the 2006 2009 Edition of the International Fuel and Gas Code (IFGC) including the following appendices: A (Sizing and Capacities of Gas Piping), B (Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category 1 Appliances, and Appliances Listed For Use and Type B Vents), C (Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems), except for Section 109, Means of Appeals, which is replaced by Chapter 19.80 19.15.005 Section amendments. ECDC, published by the International Code Council together with the state amendments set forth in Chapter 51-52 WAC, are adopted by reference as if fully set forth as the mechanical code and fuel gas code of the city of Edmonds. [Ord. 3651 § 1, 2007]. A. Chapter 1, Administration. 1. Section 106.2 Work exempt from permit. Replaced by ECDC 19.15.010. Formatted: Heading 2, Centered, Don't adjust space between Latin and Asian text Formatted: Heading 2, Centered, Space Before: 0 pt Formatted: Heading 2, Centered, Don't adjust space between Latin and Asian text Formatted: Heading 2, Centered, Space Before: 0 pt Formatted: Heading 2, Centered Formatted: Heading 2, Centered, Don't adjust space between Latin and Asian text Packet Page 110 of 231 Exhibit 11 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right 2. Section 106.4.3 Expiration: a. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced and granted final approval within 180 days from the date of such permit. Once expired, a new permit with full fees shall be obtained before work is recommenced. b. Mechanical permits issued in conjunction with a main building permit may be extended to expire with the main building permit and may be extended with provisions afforded to the main building permit. 3. Section 106.4.4 Extensions. Deleted. 4. Section 106.5 Fees. Replaced by Chapter 19.70 5. Section 109 Appeals. Replaced by Chapter ECDC. 19.80 [Ord. 3651 § 1, 2007]. Scott, this is mentioned above. Is this not redundant? ECDC. 19.15.010 Work exempt from permit. IFGC Section 106.2 and IMC Section 106.2 is amended as follows: Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Formatted: Heading 2, Centered Formatted: Heading 2, Centered, Don't adjust space between Latin and Asian text Formatted: Heading 2, Centered Formatted: Heading 2, Centered, Space Before: 0 pt Formatted: Heading 2, Centered Formatted: Heading 2, Centered, Don't adjust space between Latin and Asian text Packet Page 111 of 231 Exhibit 11 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right code or any other laws or ordinances of this jurisdiction. A building permit shall not be required for the following subject to stated limitations in areas of the city subject to the provisions of Chapter 19.10 A. Fuel Gas (IFGC): ECDC: 1. Portable heating, cooking or clothes drying appliances. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 3. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. B. Mechanical (IMC): 1. Portable heating appliances. 2. Portable ventilation appliances. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 6. Portable evaporative cooler. Formatted: Heading 2, Centered Packet Page 112 of 231 Exhibit 11 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right 7. Self-contained refrigeration systems containing ten (10) pounds or less of refrigerant or that are actuated by motors of one (1) horsepower or less. 8. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. [Ord. 3651 § 1, 2007]. Packet Page 113 of 231 Exhibit 12 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right Formatted: Font: (Default) Arial, 20 pt, Font color: Red Chapter 19.45 International Code Council Performance Code Sections: 19.45.000 International Code Council Performance Code 19.45.000 International Code Council Performance Code adopted. The International Code Council Performance Code, 2009 Edition, published by the International Code Council, is hereby adopted. Chapter 19.15 MECHANICAL CODE AND FUEL GAS CODE Sections: 19.15.000 International Mechanical Code and International Fuel Gas Code adopted. 19.15.005 Section amendments. 19.15.010 19.15.000 International Mechanical Code and International Fuel Gas Code adopted. Formatted: Centered Formatted: Font: Bold Formatted: Not Strikethrough Formatted: Centered Formatted: Strikethrough Formatted: Space Before: Auto Formatted: Heading 2, Centered Formatted: Heading 2, Centered, Don't adjust space between Latin and Asian text Formatted: Heading 2, Centered, Space Before: 0 pt Work exempt from permit. Packet Page 114 of 231 Exhibit 12 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right Formatted: Font: (Default) Arial, 20 pt, Font color: Red Under the statutory authority of RCW 19.27.020 and 19.27.190, the 2006 2009 Edition of the International Mechanical Code (IMC) as well as the 2006 2009 Edition of the International Fuel and Gas Code (IFGC) including the following appendices: A (Sizing and Capacities of Gas Piping), B (Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category 1 Appliances, and Appliances Listed For Use and Type B Vents), C (Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems), except for Section 109, Means of Appeals, which is replaced by Chapter 19.80 19.15.005 Section amendments. ECDC, published by the International Code Council together with the state amendments set forth in Chapter 51-52 WAC, are adopted by reference as if fully set forth as the mechanical code and fuel gas code of the city of Edmonds. [Ord. 3651 § 1, 2007]. A. Chapter 1, Administration. 1. Section 106.2 Work exempt from permit. Replaced by ECDC 19.15.010 2. Section 106.4.3 Expiration: . a. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced and granted final approval within 180 days from the date of such permit. Once Formatted: Heading 2, Centered, Don't adjust space between Latin and Asian text Formatted: Heading 2, Centered, Space Before: 0 pt Formatted: Heading 2, Centered Formatted: Heading 2, Centered, Don't adjust space between Latin and Asian text Formatted: Heading 2, Centered Packet Page 115 of 231 Exhibit 12 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right Formatted: Font: (Default) Arial, 20 pt, Font color: Red expired, a new permit with full fees shall be obtained before work is recommenced. b. Mechanical permits issued in conjunction with a main building permit may be extended to expire with the main building permit and may be extended with provisions afforded to the main building permit. 3. Section 106.4.4 Extensions. Deleted. 4. Section 106.5 Fees. Replaced by Chapter 19.70 5. Section 109 Appeals. Replaced by Chapter ECDC. 19.80 [Ord. 3651 § 1, 2007]. Scott, this is mentioned above. Is this not redundant? ECDC. 19.15.010 Work exempt from permit. IFGC Section 106.2 and IMC Section 106.2 is amended as follows: Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. A building permit shall not be required for the following subject to stated limitations in areas of the city subject to the provisions of Chapter 19.10 A. Fuel Gas (IFGC): Formatted: Heading 2, Centered, Don't adjust space between Latin and Asian text Formatted: Heading 2, Centered Formatted: Heading 2, Centered, Space Before: 0 pt Formatted: Heading 2, Centered Formatted: Heading 2, Centered, Don't adjust space between Latin and Asian text Formatted: Heading 2, Centered ECDC: Packet Page 116 of 231 Exhibit 12 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right Formatted: Font: (Default) Arial, 20 pt, Font color: Red 1. Portable heating, cooking or clothes drying appliances. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 3. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. B. Mechanical (IMC): 1. Portable heating appliances. 2. Portable ventilation appliances. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration systems containing ten (10) pounds or less of refrigerant or that are actuated by motors of one (1) horsepower or less. 8. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. [Ord. 3651 § 1, 2007]. Packet Page 117 of 231 Exhibit 12 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right Formatted: Font: (Default) Arial, 20 pt, Font color: Red Packet Page 118 of 231 Exhibit 13 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right Chapter 19.3050 ENERGY INTERNATIONAL EXISTING BUILDING CODE Sections: 19.3550.000 International Existing Building Code adopted. 19.3550.000 International Existing Building Code adopted. The International Existing Buildings Code, 2009 Edition, published by the International Code Council, as amended by the Washington State Building Code Council in Chapter 51-50 WAC, and as subsequently amended by this chapter, is hereby adopted.is hereby adopted along with Appendix Chapter A (Guidelines for the seismic retrofit of existing buildings) and Resource A (Guidelines on fire ratings of archaic materials and assemblies). Under the statutory authority of RCW …….., the International Existing Building Code, 20096 Edition, is hereby adopted by reference as if fully set forth as the existing building code of the city of Edmonds, pursuant to Chapters ………… RCW, together with state amendments set forth in Chapter 51-50-480000……… of WAC. [Ord. …….. § , …….]. Scott, this is a brand new code the state is adopting. I have assigned it to chapter 19.50, formerly the Historic Builidng Code chapter. The following is from the Preface of the IEBC; hopefully you can craft the appropriate language and format for this chapter from this sample. I don’t believe there should be any amendments to this code other than the WAC cited above. Leif The International Codes are designed and promulgated to be adopted by reference by ordinance. Jurisdictions wishing to adopt the 2009 International Existing Building Code as an enforceable performance-based regulation governing structures and premises should ensure that certain factual information is included in the adopting ordinance at the time adoption is being considered by the appropriate governmental body. The following sample adoption ordinance addresses several key elements of a code adoption ordinance, including the information required for insertion into the code text. SAMPLE ORDINANCE FOR ADOPTION OF THE INTERNATIONAL EXISTING BUILDING CODE ORDINANCE NO._______ An ordinance of the [JURISDICTION] adopting the 2009 edition of the International Existing Building Code, regulating and governing the repair, alteration, change of Formatted: Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Font: Not Bold Formatted: Not Highlight Formatted: Not Highlight Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Not Highlight Formatted: Not Highlight Formatted: Font: Not Bold Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Not Highlight Formatted: Adjust space between Latin and Asian text, Adjust space between Asian text and numbers Packet Page 119 of 231 Exhibit 13 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right occupancy, addition and relocation of existing buildings, including historic buildings, in the [JURISDICTION]; providing for the issuance of permits and collection of fees therefor; repealing Ordinance No. ______ of the [JURISDICTION] and all other ordinances and parts of the ordinances in conflict therewith. The [GOVERNING BODY] of the [JURISDICTION] does ordain as follows: Section 1. That a certain document, three (3) copies of which are on file in the office of the [TITLE OF JURISDICTION’S KEEPER OF RECORDS] of [NAME OF JURISDICTION], being marked and designated as the International Existing Building Code, 2009 edition, including Appendix Chapters [FILL IN THE APPENDIX CHAPTERS BEING ADOPTED] (see International Existing Building Code Section 101.7, 2009 edition), as published by the International Code Council, be and is hereby adopted as the Existing Building Code of the [JURISDICTION], in the State of [STATE NAME] for regulating and governing the repair, alteration, change of occupancy, addition and relocation of existing buildings, including historic buildings, as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Existing Building Code on file in the office of the [JURISDICTION] are hereby referred to, adopted, and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this ordinance. Section 2. The following sections are hereby revised: Section 101.1 Insert: [NAME OF JURISDICTION] Section 1301.2 Insert: [DATE IN ONE LOCATION] Section 3. That Ordinance No. ______ of [JURISDICTION] entitled [FILL IN HERE THE COMPLETE TITLE OF THE ORDINANCE OR ORDINANCES IN EFFECT AT THE PRESENT TIME SO THAT THEY WILL BE REPEALED BY DEFINITE MENTION] and all other ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The [GOVERNINGBODY] hereby declares that it would have passed this ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 5. That nothing in this ordinance or in the Existing Building Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 3 of this ordinance; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance. Section 6. That the [JURISDICTION’S KEEPER OF RECORDS] is hereby ordered and directed to cause this ordinance to be published. (An additional provision may be required to direct the number of times the ordinance is to be published and to specify that it is to be in a newspaper in general circulation. Posting may also be required.) Packet Page 120 of 231 Exhibit 13 Formatted: Font: (Default) Arial, 20 pt, Font color: Red Formatted: Right Section 7. That this ordinance and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect [TIME PERIOD] from and after the date of its final passage and adoption. Packet Page 121 of 231 Exhibit 2C Current Code Chapter 19.00 BUILDING CODE Sections: 19.00.000 International Building Code adopted. 19.00.005 Section amendments. (Effective until November 7, 2010) 19.00.005 Section amendments. (Effective after November 7, 2010, until February 27, 2011) 19.00.005 Section amendments. (Effective after February 27, 2011) 19.00.010 Work exempt from permit. 19.00.015 Fully complete application. 19.00.020 Concurrent review. 19.00.025 Architectural design review – Optional vesting. 19.00.030 Demolition permits. 19.00.000 International Building Code adopted. A. Under the statutory authority of RCW 19.27.027, 19.27.074 and Chapter 70.92 RCW, the 2006 Edition of the International Building Code (IBC) as published by the International Code Council (ICC), including the state amendments set forth in Chapter 34.05 RCW and Chapter 51-50 WAC, including the following appendices: E (Supplementary Accessibility Requirements), G (Flood- Resistant Construction), H (Signs), and J (Grading) is hereby adopted by reference as if fully set forth as the building code of the city of Edmonds. The provisions of this code shall regulate the erection, construction, enlargement, alteration, equipment, use, area and maintenance of buildings and structures in the city; and provide for the issuance of permits and the collection of permit fees. B. Referenced Codes. Where the following codes are referenced within any of the codes adopted and amended in this title, they shall be substituted as follows: 1. “International Building Code” shall mean the building code as adopted and amended in this title. 2. “International Residential Code” shall mean the residential building code as adopted and amended in this title. 3. “International Mechanical Code” shall mean the mechanical code as adopted and amended in this title. 4. “International Fuel Gas Code” shall mean the fuel gas code as adopted in Chapter 19.27 RCW and in accordance with the mechanical code as adopted and amended in this title. Packet Page 122 of 231 Exhibit 2C 5. “International Fire Code” shall mean the fire code as adopted and amended in this title. 6. “Uniform Plumbing Code” shall mean the plumbing code as adopted and amended in this title. 7. “Washington State Energy Code” shall mean the energy code as adopted and amended in this title. 8. The “National Electrical Code” shall mean the electrical code as adopted and amended in this title. 9. “Uniform Housing Code” shall mean the housing code as adopted and amended in this title. 10. “Uniform Code for the Abatement of Dangerous Buildings” shall mean the dangerous buildings code as adopted and amended in this title. 11. “State Historic Building Code” shall mean the historic building code as adopted and amended in this title. 12. “Washington State Ventilation and Indoor Air Quality Code” shall mean the ventilation code as adopted and amended by this title. 13. International Existing Building Code: Not adopted. All references shall be disregarded. 14. International Property Maintenance Code: Not adopted. All references shall be disregarded. 15. International Electrical Code: Not adopted. All references shall be disregarded. These codes shall be considered part of the requirements of this code to the prescribed extent of each such reference. [Ord. 3651 § 1, 2007]. 19.00.005 Section amendments. (Effective The following sections of the IBC have been added, amended, deleted or replaced as follows: until November 7, 2010)* A. Chapter 1, Administration. 1. Section 104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. The building official is also authorized to use Chapter 20.110 ECDC for code compliance in addition to the remedies provided for in this code. 2. Section 105.1.1 Annual permit. Deleted. Packet Page 123 of 231 Exhibit 2C 3. Section 105.1.2 Annual permit records. Deleted. 4. Section 105.2 Work exempt from permit. Replaced by ECDC 19.00.010. 5. Section 105.3.2 Time limitation of permit application. a. Applications, for which no permit is issued within 360 days following the date of application, shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. b. The building official may extend the time for action by the applicant for a period not exceeding 360 days prior to such expiration date. c. No application shall be extended more than once for a total application life of 720 days. In order to renew action on an expired application, the applicant shall submit a new application, revised plans based on any applicable code or ordinance change, and pay new plan review fees. 6. Section 105.5 Permit expiration and extension. a. Every permit issued under ECDC Title 19 shall expire by limitation 360 days after issuance, except as provided in ECDC 19.00.005(A)(6)(b) and 19.10.010(A)(4)(a). b. The following permits shall expire by limitation, 180 days after issuance and may not be extended: i. Demolition permits required by ECDC 19.00.030; ii. Permits for Moving Buildings required by Chapter 19.60 ECDC; iii. Mechanical permits; iv. Tank removal, tank fill, or tank placement permits; v. Grading, excavation and fill permits; vi. Water service line permits; vii. Plumbing permits; viii. Gas piping permits; ix. Deck and dock permits; x. Fence permits; Packet Page 124 of 231 Exhibit 2C xi. Re-roof permits; xii. Rockery and retaining wall permits; xiii. Swimming pool, hot tub and spa permits; xiv. Sign permits; xv. Shoring permits; xvi. Foundation permits. c. Prior to expiration of an active permit the applicant may request in writing an extension for an additional year. If the plans and specifications for the permit extension application are the same as the plans and specifications submitted for the original permit application and provided there has been at least one (1) required progress inspection conducted by the city building inspector prior to the extension, the permit shall be extended. Permit fees shall be charged at a rate of one half the original building permit fee to extend the permit. If work has not started on the project, and no code violations exist, the applicant may make a written request to the Building Official to waive the required progress inspection in order to renew the permit. The written request shall provide reasonable cause unrelated to the neglect or fault of the permittee as to the reason work has not started on the project, and an estimated date by which work will begin. d. If the applicant cannot complete work issued under an extended permit within a total period of two (2) years, the applicant may request in writing, prior to the second year expiration, an extension for a third and final year. Provided there has been at least one (1) required progress inspection conducted by the city building inspector prior to the extension, the permit shall be extended for a third and final year. In lieu of permit fees for the third year extension, inspection fees shall be charged for the remaining work based on the number of required inspections remaining for the project for all city departments. e. The maximum amount of time any building permit may be extended shall be a total of three (3) years. At the end of any three (3) year period starting from the original date of permit issuance, the permit shall become null and void and a new building permit shall be required, with full permit fees, in order for the applicant to complete work. The voiding of the prior permit shall negate all previous vesting of zoning or building codes. Whenever an appeal is filed and a necessary development approval is stayed in accordance with ECDC 20.07.004, the time limit periods imposed under this section shall also be stayed until final decision. f. The building official may reject requests for permit extension where he determines that modifications or amendments to the applicable zoning and building codes have occurred since Packet Page 125 of 231 Exhibit 2C the original issuance of the permit and/or modifications or amendments would significantly promote public health and safety if applied to the project through the issuance of a new permit. 7. Section 105.5.1 Recommence work on an expired permit. a. In order to recommence work on an expired permit, a new permit application with full permit fees shall be submitted to the building official. b. New permit applications shall be reviewed under current zoning and building codes in effect at the time of complete application submittal. If a new permit is sought to recommence work on an expired permit, the new permit shall be vested under the codes in effect when an application for a new permit is submitted which fully complies with ECDC 19.00.015. When additional plan review is required, plan review fees shall be charged. 8. Section 106.3.3 Phased approval for multi-family and commercial development. a. The building official may issue partial permits for phased construction as part of a development before the entire plans and specifications for the whole building or structure have been approved provided architectural design board approval has been granted. b. Phased approval means permits for grading, shoring, and foundation may be issued separately, provided concurrent approval is granted by the planning manager, city engineer and fire marshal, when applicable. No phased approval permit shall be issued unless approved civil plans detailing the construction of all site improvements including, but not limited to: curbs, gutters, sidewalks, paved streets, water lines, sewer lines, and storm drainage have been signed as approved by the city engineer. c. With such phased approval, a performance bond shall be posted with the city pursuant to Chapter 17.10 ECDC, to cover the estimated cost of construction to city standards for the improvements. 9. Section 107 Temporary structures and uses. Deleted. 10. Section 108 Fees. Replaced by Chapter 19.70 ECDC. 11. Section 112 Appeals. Replaced by Chapter 19.80 ECDC. B. Chapter 5, General Building Heights and Areas. 1. Section 501.2 Premises identification. Approved numbers or addresses shall be installed by the property owner for new buildings in such a position as to be clearly visible and legible from the street or roadway fronting the property. Letters or numbers shall be a minimum six (6) inches in height and stroke a minimum of .75 inch of a contrasting color to the building base color. Packet Page 126 of 231 Exhibit 2C C. Chapter 31, Special Construction. 1. Section 3103 Temporary structures. Deleted. 2. Section 3108.1.1 Radio, television and cellular communication related equipment and devices. a. A permit is required for the installation or relocation of commercial radio, television or cellular tower support structures including monopoles, guyed or lattice towers, whip antennas, panel antennas, parabolic antennas and related accessory equipment, and accessory equipment shelters (regardless of size) including roof mounted equipment shelters. 3. Section 3109.1 Applicability and maintenance. Swimming pools, hot tubs and spas of all occupancies shall comply with the requirements of this section and other applicable sections of this code. a. It is the responsibility of the owner to maintain the swimming pool, hot tub or spa in a clean and sanitary condition and all equipment maintained in a satisfactory operating condition when the swimming pool, hot tub or spa is in use. A swimming pool, hot tub or spa that is neglected, not secured from public entry and/or not maintained shall be determined to be a hazard to health and safety and shall be properly mitigated to the satisfaction of the building official. 4. Section 3109.1.1 Permit required. It shall be unlawful for any person to install, remove, alter, fill with material other than water, repair or replace any swimming pool, hot tub or spa in a building or on premises without first obtaining a permit to do such work from the building official. Reference ECDC 19.00.010(K) for permit exemptions. 5. Section 3109.3 Public swimming pools. Deleted. 6. Section 3109.4 Residential swimming pools. Deleted. 7. Section 3109.6 Fences and gates. a. The swimming pool area shall be completely surrounded by a substantial fence at least six (6) feet in height. No openings shall be greater than two (2) inches, and a self-closing, self- latching gate shall be provided, with an inside lock inaccessible to children aged five (5) years or younger. b. The gate shall be securely locked when the swimming pool is unattended. c. Any swimming pool not presently fenced as required by this section shall be fenced within sixty (60) days of this code adoption. Packet Page 127 of 231 Exhibit 2C 8. Section 3109.7 Location and setbacks. Swimming pools, hot tubs and spas shall meet requirements of the zoning code of the city of Edmonds. a. Minimum setbacks are measured from property lines to the inside face of the pool, hot tub or spa as required by the zoning code for accessory structures. b. All other accessory buildings and equipment shall meet the normally required setbacks for accessory structures in the zone in which they are located. 9. Section 3109.8 Equipment foundations and enclosures. a. All mechanical equipment supported from the ground shall rest on level concrete or other approved base extending not less than three (3) inches above the adjoining ground level. b. All heating and electrical equipment, unless approved for outdoor installation, shall be adequately protected against the weather or installed within a building. 10. Section 3109.9 Accessibility and clearances. Equipment shall be so installed as to provide accessibility for cleaning, operating, maintenance, and servicing. 11. Section 3109.10 Tests and cross connection devices. a. All swimming pool, hot tub and spa piping shall be inspected and approved before being covered or concealed. b. Washington State Department of Health approved cross connection devices are required to be provided when used to fill any swimming pool, hot tub or spa. 12. Section 3109.11 Wastewater disposal. A means of disposal of the total contents of the swimming pool, hot tub or spa (including partial or periodic emptying) shall be reviewed and approved by the public works director. a. No direct connection shall be made between any swimming pool, hot tub or spa to any storm drain, city sewer main, drainage system, seepage pit, underground leaching pit, or sub- soil drain. b. A sanitary tee (outside cleanout installed on the main building side sewer line) shall be provided for draining of treated water into the city sanitary sewer system. 13. Section 3109.12 Inspection requirements. The appropriate city inspector shall be notified for the following applicable inspections: Packet Page 128 of 231 Exhibit 2C a. Footing, wall, pre-form, pre-gunite, erosion control, underground plumbing, sanitary extension and cleanout, mechanical pool equipment, gas piping, mechanical enclosure location, cross connection and final inspection. b. An initial cross connection control installation inspection is required by the city cross connection control specialist prior to final installation approval. c. All backflow assemblies shall be tested by state certified backflow assembly testers upon initial installation and then annually thereafter. Copies of all test reports shall be submitted to the city water division for review and approval. D. Appendix E, Accessibility Requirements. 1. Section E107 Signage. Deleted. 2. Section E108 Bus stops. Deleted. 3. Section E110 Airports. Deleted. 4. Section E111, Referenced standards. Deleted. E. Appendix H, Signs. 1. Section H101.2 Signs exempt from permits. Replaced by ECDC 19.00.010(Q). 2. Section H101.2.1 Prohibited signs. a. It is unlawful for any person to advertise or display any visually communicated message, by letter or pictorially, of any kind on any seating bench, or in direct connection with any bench. b. All signs not expressly permitted by Chapter 20.60 ECDC. c. Signs which the city engineer determines to be a hazard to vehicle or pedestrian traffic because they resemble or obscure a traffic control device, or pose a hazard to a pedestrian walkway or because they obscure visibility needed for safe traffic passage. Such signs shall be immediately removed at the request of the city engineer. d. All signs which are located within a public right-of-way and that have been improperly posted or displayed are hereby declared to be a public nuisance and shall be subject to immediate removal and confiscation per ECDC 20.60.090. 3. Section H104 Identification. Deleted. 4. Section H106.1.1 Internally illuminated signs. Deleted. Packet Page 129 of 231 Exhibit 2C 5. Section H107 Combustible materials. Deleted. 6. Section H108 Animated devices. Deleted. 7. Section H109.1 Height restrictions. Deleted. 8. Section H110 Roof signs. Deleted. F. Appendix J, Grading. 1. Section J103.2 Exemptions. Replaced by 19.00.010(M). *Code reviser’s note: The provisions of Ord. 3699 provide that it shall automatically expire two years from the effective date of Ord. 3699. Upon this expiration date, the existing provisions shall revive. Upon reinstatement of the prior provisions, all permits and extensions issued under subsection (A)(5)(a) of this section prior to the sunset date shall remain valid for 360 days, but extensions which are approved or processed following the sunset date shall be governed by the newly reinstated provisions. For example, an application which vested under the 360-day provisions of subsection (A)(5)(a) of this section, but which was extended under the revived revisions, shall be limited to 540 days in total application life. All applications pending at the effective date of Ord. 3699 shall be governed by its provisions as if vested by complete application after its effective date. [Ord. 3736 § 34, 2009; Ord. 3726 § 1, 2009; Ord. 3715 § 1, 2008; Ord. 3699 § 1, 2008; Ord. 3651 § 1, 2007]. 19.00.005 Section amendments. (Effective The following sections of the IBC have been added, amended, deleted or replaced as follows: after November 7, 2010, until February 27, 2011)* A. Chapter 1, Administration. 1. Section 104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. The building official is also authorized to use Chapter 20.110 ECDC for code compliance in addition to the remedies provided for in this code. 2. Section 105.1.1 Annual permit. Deleted. 3. Section 105.1.2 Annual permit records. Deleted. 4. Section 105.2 Work exempt from permit. Replaced by ECDC 19.00.010. 5. Section 105.3.2 Time limitation of permit application. Packet Page 130 of 231 Exhibit 2C a. Applications, for which no permit is issued within 180 days following the date of application, shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. b. The building official may extend the time for action by the applicant for a period not exceeding 180 days prior to such expiration date. c. No application shall be extended more than once for a total application life of 360 days. In order to renew action on an expired application, the applicant shall submit a new application, revised plans based on any applicable code or ordinance change, and pay new plan review fees. 6. Section 105.5 Permit expiration and extension. a. Every permit issued under ECDC Title 19 shall expire by limitation 360 days after issuance, except as provided in ECDC 19.00.005(A)(6)(b) and 19.10.010(A)(4)(a). b. The following permits shall expire by limitation, 180 days after issuance and may not be extended: i. Demolition permits required by ECDC 19.00.030; ii. Permits for Moving Buildings required by Chapter 19.60 ECDC; iii. Mechanical permits; iv. Tank removal, tank fill, or tank placement permits; v. Grading, excavation and fill permits; vi. Water service line permits; vii. Plumbing permits; viii. Gas piping permits; ix. Deck and dock permits; x. Fence permits; xi. Re-roof permits; xii. Rockery and retaining wall permits; xiii. Swimming pool, hot tub and spa permits; Packet Page 131 of 231 Exhibit 2C xiv. Sign permits; xv. Shoring permits; xvi. Foundation permits. c. Prior to expiration of an active permit the applicant may request in writing an extension for an additional year. If the plans and specifications for the permit extension application are the same as the plans and specifications submitted for the original permit application and provided there has been at least one (1) required progress inspection conducted by the city building inspector prior to the extension, the permit shall be extended. Permit fees shall be charged at a rate of one half the original building permit fee to extend the permit. If work has not started on the project, and no code violations exist, the applicant may make a written request to the Building Official to waive the required progress inspection in order to renew the permit. The written request shall provide reasonable cause unrelated to the neglect or fault of the permittee as to the reason work has not started on the project, and an estimated date by which work will begin. d. If the applicant cannot complete work issued under an extended permit within a total period of two (2) years, the applicant may request in writing, prior to the second year expiration, an extension for a third and final year. Provided there has been at least one (1) required progress inspection conducted by the city building inspector prior to the extension, the permit shall be extended for a third and final year. In lieu of permit fees for the third year extension, inspection fees shall be charged for the remaining work based on the number of required inspections remaining for the project for all city departments. e. The maximum amount of time any building permit may be extended shall be a total of three (3) years. At the end of any three (3) year period starting from the original date of permit issuance, the permit shall become null and void and a new building permit shall be required, with full permit fees, in order for the applicant to complete work. The voiding of the prior permit shall negate all previous vesting of zoning or building codes. Whenever an appeal is filed and a necessary development approval is stayed in accordance with ECDC 20.07.004, the time limit periods imposed under this section shall also be stayed until final decision. f. The building official may reject requests for permit extension where he determines that modifications or amendments to the applicable zoning and building codes have occurred since the original issuance of the permit and/or modifications or amendments would significantly promote public health and safety if applied to the project through the issuance of a new permit. 7. Section 105.5.1 Recommence work on an expired permit. a. In order to recommence work on an expired permit, a new permit application with full permit fees shall be submitted to the building official. Packet Page 132 of 231 Exhibit 2C b. New permit applications shall be reviewed under current zoning and building codes in effect at the time of complete application submittal. If a new permit is sought to recommence work on an expired permit, the new permit shall be vested under the codes in effect when an application for a new permit is submitted which fully complies with ECDC 19.00.015. When additional plan review is required, plan review fees shall be charged. 8. Section 106.3.3 Phased approval for multi-family and commercial development. a. The building official may issue partial permits for phased construction as part of a development before the entire plans and specifications for the whole building or structure have been approved provided architectural design board approval has been granted. b. Phased approval means permits for grading, shoring, and foundation may be issued separately, provided concurrent approval is granted by the planning manager, city engineer and fire marshal, when applicable. No phased approval permit shall be issued unless approved civil plans detailing the construction of all site improvements including, but not limited to: curbs, gutters, sidewalks, paved streets, water lines, sewer lines, and storm drainage have been signed as approved by the city engineer. c. With such phased approval, a performance bond shall be posted with the city pursuant to Chapter 17.10 ECDC, to cover the estimated cost of construction to city standards for the improvements. 9. Section 107 Temporary structures and uses. Deleted. 10. Section 108 Fees. Replaced by Chapter 19.70 ECDC. 11. Section 112 Appeals. Replaced by Chapter 19.80 ECDC. B. Chapter 5, General Building Heights and Areas. 1. Section 501.2 Premises identification. Approved numbers or addresses shall be installed by the property owner for new buildings in such a position as to be clearly visible and legible from the street or roadway fronting the property. Letters or numbers shall be a minimum six (6) inches in height and stroke a minimum of .75 inch of a contrasting color to the building base color. C. Chapter 31, Special Construction. 1. Section 3103 Temporary structures. Deleted. 2. Section 3108.1.1 Radio, television and cellular communication related equipment and devices. Packet Page 133 of 231 Exhibit 2C a. A permit is required for the installation or relocation of commercial radio, television or cellular tower support structures including monopoles, guyed or lattice towers, whip antennas, panel antennas, parabolic antennas and related accessory equipment, and accessory equipment shelters (regardless of size) including roof mounted equipment shelters. 3. Section 3109.1 Applicability and maintenance. Swimming pools, hot tubs and spas of all occupancies shall comply with the requirements of this section and other applicable sections of this code. a. It is the responsibility of the owner to maintain the swimming pool, hot tub or spa in a clean and sanitary condition and all equipment maintained in a satisfactory operating condition when the swimming pool, hot tub or spa is in use. A swimming pool, hot tub or spa that is neglected, not secured from public entry and/or not maintained shall be determined to be a hazard to health and safety and shall be properly mitigated to the satisfaction of the building official. 4. Section 3109.1.1 Permit required. It shall be unlawful for any person to install, remove, alter, fill with material other than water, repair or replace any swimming pool, hot tub or spa in a building or on premises without first obtaining a permit to do such work from the building official. Reference ECDC 19.00.010(K) for permit exemptions. 5. Section 3109.3 Public swimming pools. Deleted. 6. Section 3109.4 Residential swimming pools. Deleted. 7. Section 3109.6 Fences and gates. a. The swimming pool area shall be completely surrounded by a substantial fence at least six (6) feet in height. No openings shall be greater than two (2) inches, and a self-closing, self- latching gate shall be provided, with an inside lock inaccessible to children aged five (5) years or younger. b. The gate shall be securely locked when the swimming pool is unattended. c. Any swimming pool not presently fenced as required by this section shall be fenced within sixty (60) days of this code adoption. 8. Section 3109.7 Location and setbacks. Swimming pools, hot tubs and spas shall meet requirements of the zoning code of the city of Edmonds. a. Minimum setbacks are measured from property lines to the inside face of the pool, hot tub or spa as required by the zoning code for accessory structures. b. All other accessory buildings and equipment shall meet the normally required setbacks for accessory structures in the zone in which they are located. Packet Page 134 of 231 Exhibit 2C 9. Section 3109.8 Equipment foundations and enclosures. a. All mechanical equipment supported from the ground shall rest on level concrete or other approved base extending not less than three (3) inches above the adjoining ground level. b. All heating and electrical equipment, unless approved for outdoor installation, shall be adequately protected against the weather or installed within a building. 10. Section 3109.9 Accessibility and clearances. Equipment shall be so installed as to provide accessibility for cleaning, operating, maintenance, and servicing. 11. Section 3109.10 Tests and cross connection devices. a. All swimming pool, hot tub and spa piping shall be inspected and approved before being covered or concealed. b. Washington State Department of Health approved cross connection devices are required to be provided when used to fill any swimming pool, hot tub or spa. 12. Section 3109.11 Wastewater disposal. A means of disposal of the total contents of the swimming pool, hot tub or spa (including partial or periodic emptying) shall be reviewed and approved by the public works director. a. No direct connection shall be made between any swimming pool, hot tub or spa to any storm drain, city sewer main, drainage system, seepage pit, underground leaching pit, or sub- soil drain. b. A sanitary tee (outside cleanout installed on the main building side sewer line) shall be provided for draining of treated water into the city sanitary sewer system. 13. Section 3109.12 Inspection requirements. The appropriate city inspector shall be notified for the following applicable inspections: a. Footing, wall, pre-form, pre-gunite, erosion control, underground plumbing, sanitary extension and cleanout, mechanical pool equipment, gas piping, mechanical enclosure location, cross connection and final inspection. b. An initial cross connection control installation inspection is required by the city cross connection control specialist prior to final installation approval. c. All backflow assemblies shall be tested by state certified backflow assembly testers upon initial installation and then annually thereafter. Copies of all test reports shall be submitted to the city water division for review and approval. Packet Page 135 of 231 Exhibit 2C D. Appendix E, Accessibility Requirements. 1. Section E107 Signage. Deleted. 2. Section E108 Bus stops. Deleted. 3. Section E110 Airports. Deleted. 4. Section E111, Referenced standards. Deleted. E. Appendix H, Signs. 1. Section H101.2 Signs exempt from permits. Replaced by ECDC 19.00.010(Q). 2. Section H101.2.1 Prohibited signs. a. It is unlawful for any person to advertise or display any visually communicated message, by letter or pictorially, of any kind on any seating bench, or in direct connection with any bench. b. All signs not expressly permitted by Chapter 20.60 ECDC. c. Signs which the city engineer determines to be a hazard to vehicle or pedestrian traffic because they resemble or obscure a traffic control device, or pose a hazard to a pedestrian walkway or because they obscure visibility needed for safe traffic passage. Such signs shall be immediately removed at the request of the city engineer. d. All signs which are located within a public right-of-way and that have been improperly posted or displayed are hereby declared to be a public nuisance and shall be subject to immediate removal and confiscation per ECDC 20.60.090. 3. Section H104 Identification. Deleted. 4. Section H106.1.1 Internally illuminated signs. Deleted. 5. Section H107 Combustible materials. Deleted. 6. Section H108 Animated devices. Deleted. 7. Section H109.1 Height restrictions. Deleted. 8. Section H110 Roof signs. Deleted. F. Appendix J, Grading. 1. Section J103.2 Exemptions. Replaced by 19.00.010(M). Packet Page 136 of 231 Exhibit 2C *Code reviser’s note: The provisions of Ordinance 3726 provide that it shall expire two years from its effective date unless extended by act of the city council. [Ord. 3736 § 34, 2009; Ord. 3726 § 1, 2009; Ord. 3715 § 1, 2008; Ord. 3699 § 1, 2008; Ord. 3651 § 1, 2007]. 19.00.005 Section amendments. (Effective The following sections of the IBC have been added, amended, deleted or replaced as follows: after February 27, 2011) A. Chapter 1, Administration. 1. Section 104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. The building official is also authorized to use Chapter 20.110 ECDC for code compliance in addition to the remedies provided for in this code. 2. Section 105.1.1 Annual permit. Deleted. 3. Section 105.1.2 Annual permit records. Deleted. 4. Section 105.2 Work exempt from permit. Replaced by ECDC 19.00.010. 5. Section 105.3.2 Time limitation of permit application. a. Applications, for which no permit is issued within 180 days following the date of application, shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. b. The building official may extend the time for action by the applicant for a period not exceeding 180 days prior to such expiration date. c. No application shall be extended more than once for a total application life of 360 days. In order to renew action on an expired application, the applicant shall submit a new application, revised plans based on any applicable code or ordinance change, and pay new plan review fees. 6. Section 105.5 Permit expiration and extension. a. Every permit issued under ECDC Title 19 shall expire by limitation 360 days after issuance, except as provided in ECDC 19.00.005(A)(6)(b) and 19.10.010(A)(4)(a). b. The following permits shall expire by limitation, 180 days after issuance and may not be extended: Packet Page 137 of 231 Exhibit 2C i. Demolition permits required by ECDC 19.00.030; ii. Permits for moving buildings required by Chapter 19.60 ECDC; iii. Mechanical permits; iv. Tank removal, tank fill, or tank placement permits; v. Grading, excavation and fill permits; vi. Water service line permits; vii. Plumbing permits; viii. Gas piping permits; ix. Deck and dock permits; x. Fence permits; xi. Re-roof permits; xii. Rockery and retaining wall permits; xiii. Swimming pool, hot tub and spa permits; xiv. Sign permits; xv. Shoring permits; xvi. Foundation permits. c. Prior to expiration of an active permit the applicant may request in writing an extension for an additional year. If the plans and specifications for the permit extension application are the same as the plans and specifications submitted for the original permit application and provided there has been at least one (1) required progress inspection conducted by the city building inspector prior to the extension, the permit shall be extended. Permit fees shall be charged at a rate of one half the original building permit fee to extend the permit. d. If the applicant cannot complete work issued under an extended permit within a total period of two (2) years, the applicant may request in writing, prior to the second year expiration, an extension for a third and final year. Provided there has been at least one (1) required progress inspection conducted by the city building inspector prior to the extension, the permit shall be extended for a third and final year. In lieu of permit fees for the third year extension, inspection Packet Page 138 of 231 Exhibit 2C fees shall be charged for the remaining work based on the number of required inspections remaining for the project for all city departments. e. The maximum amount of time any building permit may be extended shall be a total of three (3) years. At the end of any three (3) year period starting from the original date of permit issuance, the permit shall become null and void and a new building permit shall be required, with full permit fees, in order for the applicant to complete work. The voiding of the prior permit shall negate all previous vesting of zoning or building codes. Whenever an appeal is filed and a necessary development approval is stayed in accordance with ECDC 20.07.004, the time limit periods imposed under this section shall also be stayed until final decision. f. The building official may reject requests for permit extension where he determines that modifications or amendments to the applicable zoning and building codes have occurred since the original issuance of the permit and/or modifications or amendments would significantly promote public health and safety if applied to the project through the issuance of a new permit. 7. Section 105.5.1 Recommence work on an expired permit. a. In order to recommence work on an expired permit, a new permit application with full permit fees shall be submitted to the building official. b. New permit applications shall be reviewed under current zoning and building codes in effect at the time of complete application submittal. If a new permit is sought to recommence work on an expired permit, the new permit shall be vested under the codes in effect when an application for a new permit is submitted which fully complies with ECDC 19.00.015. When additional plan review is required, plan review fees shall be charged. 8. Section 106.3.3 Phased approval for multi-family and commercial development. a. The building official may issue partial permits for phased construction as part of a development before the entire plans and specifications for the whole building or structure have been approved provided architectural design board approval has been granted. b. Phased approval means permits for grading, shoring, and foundation may be issued separately, provided concurrent approval is granted by the planning manager, city engineer and fire marshal, when applicable. No phased approval permit shall be issued unless approved civil plans detailing the construction of all site improvements including, but not limited to; curbs, gutters, sidewalks, paved streets, water lines, sewer lines, and storm drainage have been signed as approved by the city engineer. c. With such phased approval, a performance bond shall be posted with the city pursuant to Chapter 17.10 ECDC, to cover the estimated cost of construction to city standards for the improvements. Packet Page 139 of 231 Exhibit 2C 9. Section 107 Temporary structures and uses. Deleted. 10. Section 108 Fees. Replaced by Chapter 19.70 ECDC. 11. Section 109.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in Section 1612.5 shall be submitted to the building official. Prior to final inspection approval, the building official shall require an elevation certificate based on finished construction prepared and sealed by a State licensed land surveyor. 12. Section 112 Appeals. Replaced by Chapter 19.80 ECDC. B. Chapter 5, General Building Heights and Areas. 1. Section 501.2 Premises identification. Approved numbers or addresses shall be installed by the property owner for new buildings in such a position as to be clearly visible and legible from the street or roadway fronting the property. Letters or numbers shall be a minimum six (6) inches in height and stroke a minimum of .75 inch of a contrasting color to the building base color. C. Chapter 16, Structural Design. 1. Section 1612.1.1 Residential Structures. Construction or reconstruction of residential structures is prohibited within designated floodways, except for (i) repairs, reconstruction, or improvements to a structure which do not increase the ground floor areas; and (ii) repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either, (A) before the repair, or reconstruction is started, or (B) 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 code specifications 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, may be excluded in the 50 percent. D. Chapter 31, Special Construction. 1. Section 3103 Temporary structures. Deleted. 2. Section 3108.1.1 Radio, television and cellular communication related equipment and devices. a. A permit is required for the installation or relocation of commercial radio, television or cellular tower support structures including monopoles, guyed or lattice towers, whip antennas, panel antennas, parabolic antennas and related accessory equipment, and accessory equipment shelters (regardless of size) including roof mounted equipment shelters. Packet Page 140 of 231 Exhibit 2C 3. Section 3109.1 Applicability and maintenance. Swimming pools, hot tubs and spas of all occupancies shall comply with the requirements of this section and other applicable sections of this code. a. It is the responsibility of the owner to maintain the swimming pool, hot tub or spa in a clean and sanitary condition and all equipment maintained in a satisfactory operating condition when the swimming pool, hot tub or spa is in use. A swimming pool, hot tub or spa that is neglected, not secured from public entry and/or not maintained shall be determined to be a hazard to health and safety and shall be properly mitigated to the satisfaction of the building official. 4. Section 3109.1.1 Permit required. It shall be unlawful for any person to install, remove, alter, fill with material other than water, repair or replace any swimming pool, hot tub or spa in a building or on premises without first obtaining a permit to do such work from the building official. Reference ECDC 19.00.010(K) for permit exemptions. 5. Section 3109.3 Public swimming pools. Deleted. 6. Section 3109.4 Residential swimming pools. Deleted. 7. Section 3109.6 Fences and gates. a. The swimming pool area shall be completely surrounded by a substantial fence at least six (6) feet in height. No openings shall be greater than two (2) inches, and a self-closing, self- latching gate shall be provided, with an inside lock inaccessible to children aged five (5) years or younger. b. The gate shall be securely locked when the swimming pool is unattended. c. Any swimming pool not presently fenced as required by this section shall be fenced within sixty (60) days of this code adoption. 8. Section 3109.7 Location and setbacks. Swimming pools, hot tubs and spas shall meet requirements of the zoning code of the city of Edmonds. a. Minimum setbacks are measured from property lines to the inside face of the pool, hot tub or spa as required by the zoning code for accessory structures. b. All other accessory buildings and equipment shall meet the normally required setbacks for accessory structures in the zone in which they are located. 9. Section 3109.8 Equipment foundations and enclosures. a. All mechanical equipment supported from the ground shall rest on level concrete or other approved base extending not less than three (3) inches above the adjoining ground level. Packet Page 141 of 231 Exhibit 2C b. All heating and electrical equipment, unless approved for outdoor installation, shall be adequately protected against the weather or installed within a building. 10. Section 3109.9 Accessibility and clearances. Equipment shall be so installed as to provide accessibility for cleaning, operating, maintenance, and servicing. 11. Section 3109.10 Tests and cross connection devices. a. All swimming pool, hot tub and spa piping shall be inspected and approved before being covered or concealed. b. Washington State Department of Health approved cross connection devices are required to be provided when used to fill any swimming pool, hot tub or spa. 12. Section 3109.11 Wastewater disposal. A means of disposal of the total contents of the swimming pool, hot tub or spa (including partial or periodic emptying) shall be reviewed and approved by the public works director. a. No direct connection shall be made between any swimming pool, hot tub or spa to any storm drain, city sewer main, drainage system, seepage pit, underground leaching pit, or sub- soil drain. b. A sanitary tee (outside cleanout installed on the main building side sewer line) shall be provided for draining of treated water into the city sanitary sewer system. 13. Section 3109.12 Inspection requirements. The appropriate city inspector shall be notified for the following applicable inspections: a. Footing, wall, pre-form, pre-gunite, erosion control, underground plumbing, sanitary extension and cleanout, mechanical pool equipment, gas piping, mechanical enclosure location, cross connection and final inspection. b. An initial cross connection control installation inspection is required by the city cross connection control specialist prior to final installation approval. c. All backflow assemblies shall be tested by state certified backflow assembly testers upon initial installation and then annually thereafter. Copies of all test reports shall be submitted to the city water division for review and approval. E. Chapter 34, Existing Structures. 1. Section 3403.1.1.1 Residential Structures. Construction or reconstruction of residential structures is prohibited within designated floodways, except for (i) repairs, reconstruction, or improvements to a structure which do not increase the ground floor areas; and (ii) repairs, Packet Page 142 of 231 Exhibit 2C reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either, (A) before the repair, or reconstruction is started, or (B) 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 code specifications 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, may be excluded in the 50 percent. F. Appendix E, Accessibility Requirements. 1. Section E107 Signage. Deleted. 2. Section E108 Bus stops. Deleted. 3. Section E110 Airports. Deleted. 4. Section E111, Referenced standards. Deleted. G. Appendix G, Flood Resistant Construction. Section G301.1(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 which contain at least 50 lots or 5 acres, whichever is less. H. Appendix H, Signs. 1. Section H101.2 Signs exempt from permits. Replaced by ECDC 19.00.010(Q). 2. Section H101.2.1 Prohibited signs. a. It is unlawful for any person to advertise or display any visually communicated message, by letter or pictorially, of any kind on any seating bench, or in direct connection with any bench. b. All signs not expressly permitted by Chapter 20.60 ECDC. c. Signs which the city engineer determines to be a hazard to vehicle or pedestrian traffic because they resemble or obscure a traffic control device, or pose a hazard to a pedestrian walkway or because they obscure visibility needed for safe traffic passage. Such signs shall be immediately removed at the request of the city engineer. d. All signs which are located within a public right-of-way and that have been improperly posted or displayed are hereby declared to be a public nuisance and shall be subject to immediate removal and confiscation per ECDC 20.60.090. Packet Page 143 of 231 Exhibit 2C 3. Section H104 Identification. Deleted. 4. Section H106.1.1 Internally illuminated signs. Deleted. 5. Section H107 Combustible materials. Deleted. 6. Section H108 Animated devices. Deleted. 7. Section H109.1 Height restrictions. Deleted. 8. Section H110 Roof signs. Deleted. I. Appendix J, Grading. 1. Section J103.2 Exemptions. Replaced by 19.00.010(M). [Ord. 3736 § 34, 2009; Ord. 3726 § 1, 2009; Ord. 3715 § 1, 2008; Ord. 3699 § 2, 2008; Ord. 3651 § 1, 2007]. 19.00.010 Work exempt from permit. IBC Section 105.2 is replaced with the following: Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. It is the applicant’s responsibility to comply with bulk zoning code standards per ECDC Title 16 and storm water management provisions per Chapter 18.30 ECDC. Permits shall not be required for the following unless subject to the provisions of ECDC Title 23 or limited or prohibited by the provisions of Chapter 19.10 ECDC: A. One (1) story detached accessory structures used as tool and storage sheds, playhouses and similar uses; provided the floor area (measured to the exterior wall or post) does not exceed 120 square feet, with a maximum eave of thirty (30) inches. B. Fences not over six (6) feet high; provided a permit is not required by Chapter 17.30 ECDC. C. Movable cases, counters and partitions not over five (5) feet nine (9) inches high. D. Retaining walls four feet (4) in height or less measured vertically from the finished grade at the exposed toe of the retaining wall to the highest point in the wall, unless: 1. Supporting a surcharge; or 2. Impounding Class I, II, III-A liquids; or 3. Subject to the provisions of Chapter 23.50 ECDC or Chapter 23.80 ECDC. Packet Page 144 of 231 Exhibit 2C E. Rockeries. F. Water tanks supported directly upon grade if the capacity does not exceed 500 gallons and the ratio of height to diameter or width does not exceed two (2) to one (1). G. Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route, provided a permit is not required by Chapter 18.60 ECDC. H. Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work. I. Temporary motion picture, television and theater stage sets and scenery. J. Shade cloth structures constructed for nursery or agricultural purposes. K. Prefabricated swimming pools accessory to an occupancy in which the pool walls are entirely above the adjacent grade and the capacity does not exceed 5,000 gallons. Hot tubs and spas less than 5,000 gallons, completely supported by the ground. L. Swings and other playground equipment accessory to an occupancy. M. Grading less than fifty (50) cubic yards (placed, removed or moved within any 365-day period) unless subject to the provisions of Chapter 23.50 ECDC or Chapter 23.80 ECDC. N. Repair of appliances which do not alter original approval, certification, listing or code. O. Replacement or adding new insulation with no drywall removal or placement. P. Replacement or repair of existing gutters or downspouts. Q. The following types of signs are exempt from permit requirements except that dimensional size and placement standards shall comply with Chapter 20.60 ECDC: 1. Replacing the panel on a previously permitted existing wall cabinet or pole sign, 2. Repainting an existing previously permitted wood sign, 3. Painted or vinyl lettering on storefront windows, 4. Governmental signs, campaign signs, official public notices, and signs required by provision of local, state, or federal law, 5. Temporary signs announcing the sale or rent of property and other temporary signs as described in ECDC 20.60.080, Packet Page 145 of 231 Exhibit 2C 6. Signs erected by the transportation authorities, and temporary seasonal and holiday displays. R. Television antennas less than thirty-nine (39) inches in diameter. [Ord. 3651 § 1, 2007]. 19.00.015 Fully complete application. In accordance with the provisions of RCW 19.27.031 and 19.27.074, an applicant’s rights shall vest when a fully complete building permit application is filed. A fully complete building permit application is an application executed by the owners of the property for which the application is submitted or the duly authorized agent(s) for such owners, containing each and every document required under the terms of these ordinances and the IBC and is substantially complete in all respects. It is anticipated that minor changes or revisions may be required and are frequently made in the course of any building application review process, and such minor revisions or changes shall not keep an application from being deemed complete if a good faith attempt has been made to submit a substantially complete application containing all required components. Where required, the application and supporting documents shall be stamped and/or certified by the appropriate engineering, surveying or other professional consultants. A fully complete building permit application shall be accompanied by all fees, including but not limited to building permit fees and plan review fees required under the provisions of this chapter and code. [Ord. 3651 § 1, 2007]. 19.00.020 Concurrent review. An applicant may submit an application for building permit approval and request plan review services concurrently with, or at any time following, the submittal of a complete application for any necessary or required discretionary permit approval or discretionary hearing; provided, that any building permit application submitted concurrently with an application for discretionary permit or approvals shall not be considered complete unless the applicant submits a signed statement, on a form approved by the director, which acknowledges that the building permit application is subject to any conditions or requirements imposed pursuant to the review and approval of any necessary or required discretionary permit or approvals. The applicant shall solely bear the risk of building permit submittal with discretionary permit approval. If, after discretionary approval, the building permit plans are modified or amended to comply with conditions or restrictions required by any discretionary permit or approval, the applicant shall be solely responsible for any and all costs which result therefrom, including but not limited to additional full plan review fees; provided further, that any applicant-initiated changes made after the original plan review is complete shall also require payment of full plan review fees. [Ord. 3651 § 1, 2007]. 19.00.025 Architectural design review – Optional vesting. In addition to the vesting rights created by RCW 19.27.095 and ECDC 19.00.015, an applicant for development as defined in ECDC 20.10.010 and subject to architectural design board (ADB) Packet Page 146 of 231 Exhibit 2C review may, at the applicant’s option, file a fully complete augmented architectural design review application (hereinafter “augmented ADB application”) and vest rights including applicable permit, development and impact fees under the provisions of the ECDC and the state building code as adopted and amended by the city of Edmonds, this title as then in effect, to, but only to, the extent that the application provides full and detailed information necessary to confirm the particular regulation to be vested. The burden is on the applicant to provide such detail. A. A fully complete, augmented application for architectural design review shall consist of a complete application for architectural design review, executed by each and every property owner of record of the development site or their duly authorized agent(s), accompanied by the following: 1. All fees required by ordinance, including impact mitigation fees, to be deposited at the time such State Environmental Policy Act (SEPA) requirements become final. 2. A site plan showing the current zoning of the development site, the footprint of all proposed structures, the total square footage and use of each floor, all setbacks required by either the zoning code or state building codes, proposed parking configurations, and exits. 3. Elevation drawings showing the original grade of the site, any proposed alterations to grade, the proposed height of the structure and the number of stories. 4. A letter executed by all owners of record or their duly authorized agent(s) detailing the proposed use in sufficient detail to determine whether the proposed use complies with the zoning code then in effect and with the building code then in effect to determine type of construction and occupancy classifications of the IBC and IFC as those codes then in effect. 5. A building permit application, as described in IBC Section 105.3 as the same exists or is hereafter amended, and all building permit and plan review fees as established and set forth in Chapter 19.70 ECDC; provided, that the plans required by IBC Section 106, as the same exists or is hereafter amended, and other engineering documents, plans or drawings required by ECDC Title 18 may be submitted within 90 days of final ADB approval, or final approval on appeal. B. Upon filing of the augmented ADB application, the applicant shall be deemed fully vested as if a fully complete building permit application had been filed; provided: 1. The burden shall be upon the applicant to supply all material required by the provisions of this section and as necessary to meet the requirements of Chapter 20.10 ECDC. The applicant may supplement the original application in the event an application is deemed incomplete by the development services director or designee. Vesting shall occur only when the application is deemed complete by the development services director. Failure to Packet Page 147 of 231 Exhibit 2C supplement an incomplete application within 90 days of final ADB approval shall result in forfeiture of all fees paid and no vesting right shall attach. 2. The application shall expire along with all rights vested 180 days following the date of application if final architectural design approval is not received. a. The development services director or designee may issue an extension for an additional period, not exceeding 180 days, upon written request by the applicant(s) or their agent(s). Such request for extension shall be filed prior to the expiration of the original application time period. An extension shall be granted if the architectural design board has not yet considered the application or an appeal thereof is pending. b. The time period shall run concurrently with the periods established by ECDC 19.00.005 as the same exists or is hereafter amended. No application shall be extended more than once. In order to renew an application after expiration, the applicant shall resubmit all required information and pay a new plan review fee. 3. The applicant shall comply with all provisions of state law and regulation and this code regarding SEPA review. Review periods or delays occasioned by SEPA shall stay the time periods set by this chapter. 4. Following final ADB approval, the applicant shall file the plans and information required by IBC Section 106. It is anticipated that minor adjustments and changes may and are usually required to the plans submitted as a result of the plan review and administrative process; provided, that the following changes shall not be considered “minor” and shall forfeit vesting rights, and shall require the filing of a new application: a. Any substantial change not required by the terms of ADB approval. b. Any increase in height or total square footage or any change which would change the occupancy classification for the purposes of the State Building Code. 5. Any decision of the city staff regarding the application stated in this section and its interpretation shall be considered a Type I decision appealable only to the superior court of Snohomish County by Land Use Petition Act. C. The rights vested by ECDC 19.00.015 and this section refer only to zoning and building code rights protected by RCW 19.27.095. D. These sections shall not be interpreted to create vesting rights not protected by RCW 19.27.095 and shall not be interpreted as a further limitation on the administrative obligations and legislative powers of the city. By way of illustration and not limitation, this chapter does not limit: 1. The city council’s authority to create local improvement districts. Packet Page 148 of 231 Exhibit 2C 2. The city council’s authority to legislate life safety requirements that are not required to recognize existing vested rights. 3. Environmental and shorelines review and mitigation procedures. [Ord. 3736 § 35, 2009; Ord. 3651 § 1, 2007]. 19.00.030 Demolition permits. Before the partial or complete demolition of any building or structure (interior or exterior), a demolition permit shall be obtained from the building official. The permit fee is hereby established as set forth in Chapter 19.70 ECDC. The applicant shall also post with the city, prior to permit issuance, a performance bond, or frozen fund, conforming to Chapter 17.10 ECDC herein, in an amount to be determined by the building official to satisfy all city requirements no later than 180 days after the issuance of the permit. The demolition performance bond or frozen fund shall not be released until the building official determines the following requirements have been completed: A. Cap Abandoned Sanitary Sewers. Septic tanks are to be pumped, collapsed and removed and/or filled with earth, sand, concrete, CDF or hard slurry. B. Knock Down of Concrete Foundation Walls, Porches, Chimneys and Similar Structures. Concrete, bricks, cobbles and boulders shall be broken to less than 12-inch diameter. Debris left on site shall conform to IBC Section 1803.2 for clean fill. C. Construction debris, vegetation, and garbage attributable to the demolition shall be removed from the site and from unopened street right-of-way within 30 days of written notice. No debris of any kind may be placed on street right-of-way (including alleys) without a right-of-way permit. D. Repair of any damage to, and restoration of, any public property to substantially original conditions, i.e., alley, street, sidewalk, landscaping, water meter, utilities, rockeries, retaining walls, etc. E. Grading of Site Back to Original Topography Grades. Basements shall be filled and compacted to 90 percent to be verified by special inspector. “Structural fill” is defined as any fill placed below structures, including slabs, where the fill soils need to support loads without unacceptable deflections or shearing. Structural fill should be clean and free draining and should be placed above unyielding native site soils and compacted to a minimum of 90 percent modified proctor, per ASTM D1557. F. Temporary erosion control is installed and maintained per Chapter 18.30 ECDC. [Ord. 3651 § 1, 2007]. Packet Page 149 of 231 Exhibit 3C Current Code Chapter 19.05 RESIDENTIAL BUILDING CODE Sections: 19.05.000 International Residential Code adopted. 19.05.005 Section amendments. 19.05.010 Work exempt from permit. 19.05.015 Fully complete application. 19.05.020 Concurrent review. 19.05.025 Manufactured home installation standards. 19.05.000 International Residential Code adopted. Under the statutory authority of RCW 19.27.031 and 19.27.074, the 2006 Edition of the International Residential Code (IRC) as published by the International Code Council (ICC), including the state amendments set forth in Chapter 34.05 RCW and Chapter 51-51 WAC, including the following appendices: A (Sizing and Capacities of Gas Piping), B (Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category 1 Appliances, and Appliances Listed for Use and Type B Vents), C (Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems), and K (Sound Transmission Control) is hereby adopted by reference as if fully set forth as the residential building code of the city of Edmonds. The provisions of this code shall regulate the erection, construction, enlargement, alteration, equipment, use, area, and maintenance of residential buildings and structures in the city, and provide for the issuance of permits and the collection of permit fees. [Ord. 3651 § 1, 2007]. 19.05.005 Section amendments. The following sections of the IRC have been added, amended, deleted or replaced as follows: A. Chapter 1, Administration. 1. Section R104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. The building official is also authorized to use Chapter 20.110 ECDC for code compliance in addition to the remedies provided for in this code. 2. Section R105.2 Work exempt from permit. Replaced by ECDC 19.05.010. 3. Section R105.3.2 Time limitation of permit application. Replaced by ECDC 19.00.005(A)(5). Packet Page 150 of 231 Exhibit 3C 4. Section R105.5 Permit expiration and extension. Every permit issued shall expire by limitation 360 days after issuance except as provided in ECDC 19.00.005(A)(6)(b) and 19.10.010(A) (4)(a). 5. Section R105.5.1 Recommence work on an expired permit. Replaced by ECDC 19.00.005(A)(7). 6. R106.3.1 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by a stamp which states “APPROVED PLANS.” One set of approved construction documents shall be retained by the building official. One set of approved construction documents shall be returned to the applicant and shall be made available on site to the building official or duly authorized agent of the city. 7. Section R106.3.3 Phased approval. Replaced by ECDC 19.00.005(A)(8). 8. Section R107 Temporary structures and uses. Deleted. 9. Section R108 Fees. Replaced by Chapter 19.70 ECDC. 10. Section R109.1.3 Floodplain inspections. For construction in areas prone to flooding as established by Table R301.2(1), upon placement of the lowest floor, including basement, and prior to further vertical construction, the building official shall require submission of documentation, prepared and sealed by a State licensed land surveyor, of the elevation of the lowest floor, including basement required in Section R324. Prior to final inspection approval, the building official shall require an elevation certificate based on finished construction prepared and sealed by a State licensed land surveyor. 11. Section R109.1.5.1.2 Lath or gypsum board inspection. To be made after all lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or before gypsum board joints and fasteners are taped and finished. 12. Section R112 Appeals. Replaced by Chapter 19.80 ECDC. B. Chapter 2, Definitions. 1. Section R202 Accessory structure. Deleted. C. Chapter 3, Building Planning. 1. Table R301.2(1) Climatic and geographic design criteria. a. Ground Snow load = 25 PSF b. Wind Speed(e)(mph) = 85 Packet Page 151 of 231 Exhibit 3C c. Seismic Design Category(g) = D2 d. Weathering(a) = moderate e. Frost Line Depth(b) = 18'' f. Termite(c) = Yes g. Winter Design Temp(f) = 27 degrees h. Flood Hazards(h) NFIP date of adoption 3-26-74 Effective FIRM Maps 11-8-99 i. Ice Shield Underlayment required(i) = No j. Air Freezing Index(j) = 0-1000 k. Mean Annual Temp(k) = 50 degrees Refer to Table R301.2(1) for applicable footnotes. 2. Section R325 Automatic fire sprinkler system. An automatic fire sprinkler system is required for buildings containing five (5) or more attached dwelling units. Refer to ECDC 19.25.040. [Ord. 3715 § 2, 2008; Ord. 3651 § 1, 2007]. 19.05.010 Work exempt from permit. IRC Section R105.2 is replaced with the following: Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. It is the property owner’s responsibility to comply with bulk zoning code standards per ECDC Title 16 and storm water management provisions per Chapter 18.30 ECDC. Permits shall not be required for the following unless limited or prohibited by the provisions of Chapter 19.10 ECDC or ECDC Title 23. In addition to the permit exemptions of ECDC 19.00.010, the following single family dwelling exemptions shall apply: A. One (1) story detached accessory structures used as tool and storage sheds, playhouses and similar uses; provided the floor area (measured to the exterior wall or post) does not exceed 200 square feet, with a maximum eave of twelve (12) inches and maximum height of fifteen (15) feet. Vehicle storage structures, such as garages and carports, are not included except as set forth in ECDC 19.05.010(J) for canopies. Packet Page 152 of 231 Exhibit 3C B. Window awnings supported by an exterior wall and do not project more than fifty-four (54) inches from the exterior wall and do not require additional support. ECDC Title 23 provisions do not apply. C. Sport courts less than 2,000 square feet. D. Dock repair of individual decking members. ECDC Title 23 provisions do not apply. E. Replacement or repair of existing exterior siding. ECDC Title 23 provisions do not apply. F. Replacement or repair of existing window or doors with no change in size or framing. ECDC Title 23 provisions do not apply. G. Replacement or repair of individual decking, joists, stair treads, or intermediate rails. ECDC Title 23 provisions do not apply. H. Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route, provided a permit is not required by Chapter 18.60 ECDC. I. Uncovered platforms, decks, patios, not more than thirty (30) inches above grade and not over any basement or story below and are not part of an accessible route. J. Canopies, as defined in ECDC 17.70.035, accessory to a single family dwelling, with a floor area measured to the exterior wall or post not to exceed 200 square feet, for covered storage, carport or similar use. [Ord. 3743 § 1, 2009; Ord. 3651 § 1, 2007]. 19.05.015 Fully complete application. In accordance with the provisions of RCW 19.27.031 and 19.27.074, an applicant’s rights shall vest when a fully complete building permit application is filed pursuant to ECDC 19.00.015. [Ord. 3651 § 1, 2007]. 19.05.020 Concurrent review. An applicant may submit an application for building permit approval and request plan review services concurrently with, or at any time following, the submittal of a complete application for any necessary or required discretionary permit approval or discretionary hearing pursuant to ECDC 19.00.020. [Ord. 3651 § 1, 2007]. 19.05.025 Manufactured home installation standards. A. Permit Regulations. Packet Page 153 of 231 Exhibit 3C 1. Chapter 296-150M WAC, as currently promulgated together with any future amendments thereof, or future additions thereto, is hereby adopted by reference and incorporated into the ECDC as if set forth herein in full. The building official is authorized to issue building permits and collect permit fees for the installation of all manufactured homes that meet the requirements of this chapter, to inspect the installation of manufactured homes, and enforce all violations of this chapter. 2. All references to “installation permits” in Chapter 296-150M WAC, as herein adopted by reference, shall refer to building permits issued for the installation of manufactured homes. 3. Fees for the installation of a manufactured home shall be set forth in Chapter 19.70 ECDC. All other applicable development fees shall also be imposed as with any other single-family residence. 4. Mobile homes are permitted only within designated mobile home parks. 5. Pursuant to added RCW 35.21.897, 35A.21.310, 36.01.220, and amended RCW 35.63.160 and 1998 c 239 s 1, homes built to 42 USC Section 5401 through 5403 standards (as amended in 2000) shall be regulated for the purposes of siting, in the same manner as site-built homes, factory-built homes, or homes built to any other approved state construction. 6. Manufactured homes to be placed within the city shall not be older than three calendar years from the date of complete permit application submittal. The applicant is required to provide the vehicle identification number (VIN) information. 7. All spaces measured from the underside of the home to finished grade shall be enclosed with a decorative skirting. 8. Manufactured homes shall be thermally equivalent to the current State Energy Code. 9. The minimum manufactured home size shall be at least two fully enclosed parallel sections each not less than 12 feet wide by 36 feet long. 10. Coated metal, tin, or vinyl roofing material is not permitted. 11. Manufactured homes shall comply with all other development standards of this code. [Ord. 3651 § 1, 2007]. Packet Page 154 of 231 Exhibit 4C Current Code Chapter 19.15 MECHANICAL CODE AND FUEL GAS CODE Sections: 19.15.000 International Mechanical Code and International Fuel Gas Code adopted. 19.15.005 Section amendments. 19.15.010 Work exempt from permit. 19.15.000 International Mechanical Code and International Fuel Gas Code adopted. Under the statutory authority of RCW 19.27.020 and 19.27.190, the 2006 Edition of the International Mechanical Code (IMC) as well as the 2006 Edition of the International Fuel and Gas Code (IFGC) including the following appendices: A (Sizing and Capacities of Gas Piping), B (Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category 1 Appliances, and Appliances Listed For Use and Type B Vents), C (Exit Terminals of Mechanical Draft and Direct-Vent Venting Systems), except for Section 109, Appeals, which is replaced by Chapter 19.80 ECDC, published by the International Code Council together with the state amendments set forth in Chapter 51-52 WAC, are adopted by reference as if fully set forth as the mechanical code and fuel gas code of the city of Edmonds. [Ord. 3651 § 1, 2007]. 19.15.005 Section amendments. A. Chapter 1, Administration. 1. Section 106.2 Work exempt from permit. Replaced by ECDC 19.15.010. 2. Section 106.4.3 Expiration: a. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced and granted final approval within 180 days from the date of such permit. Once expired, a new permit with full fees shall be obtained before work is recommenced. b. Mechanical permits issued in conjunction with a main building permit may be extended to expire with the main building permit and may be extended with provisions afforded to the main building permit. 3. Section 106.4.4 Extensions. Deleted. 4. Section 106.5 Fees. Replaced by Chapter 19.70 ECDC. 5. Section 109 Appeals. Replaced by Chapter 19.80 ECDC. Packet Page 155 of 231 Exhibit 4C [Ord. 3651 § 1, 2007]. 19.15.010 Work exempt from permit. IMC Section 106.2 is amended as follows: Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. A building permit shall not be required for the following subject to stated limitations in areas of the city subject to the provisions of Chapter 19.10 ECDC: A. Gas: 1. Portable heating, cooking or clothes drying appliances. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 3. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. B. Mechanical: 1. Portable heating appliances. 2. Portable ventilation appliances. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration systems containing ten (10) pounds or less of refrigerant or that are actuated by motors of one (1) horsepower or less. 8. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. [Ord. 3651 § 1, 2007]. Packet Page 156 of 231 Exhibit 5C Current Code Chapter 19.20 PLUMBING CODE Sections: 19.20.000 Uniform Plumbing Code adopted. 19.20.005 Section amendments. 19.20.010 Evidence of potable water. 19.20.000 Uniform Plumbing Code adopted. Under the statutory authority of RCW 19.27.031 and 19.27.074, the Uniform Plumbing Code (UPC), 2006 Edition, including Appendix G (Graywater Systems for Single-Family Dwellings), published by the International Association of Plumbing and Mechanical Officials, together with the state amendments set forth in Chapters 51-56 and 51-57 WAC, are adopted by reference as if fully set forth as the plumbing code for the city of Edmonds, with the exception of fuel-gas piping being superseded by the International Fuel Gas Code as described in Chapter 19.15 ECDC, and the amendments contained herein. The 2006 Edition of the Uniform Plumbing Code Standards is also adopted by reference as if fully set forth, pursuant to Chapter 51-57 WAC. [Ord. 3651 § 1, 2007]. 19.20.005 Section amendments. A. Chapter 1, Administration. 1. Section 102.4 Appeals. Replaced by Chapter 19.80 ECDC. 2. Section 103.3.4 Expiration: a. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced and granted final approval within 180 days from the date of such permit. Once expired, a new permit with full fees shall be obtained before work is recommenced. b. Plumbing permits issued in conjunction with a main building permit may be extended to expire with the main building permit and may be extended with provisions afforded to the main building permit. 3. Section 103.4 Fees. Replaced by Chapter 19.70 ECDC. 4. Section 103.6.4 Septic or sewer system connection: Packet Page 157 of 231 Exhibit 5C a. No occupancy permit shall be issued for the occupancy of any building or structure until connection to the city public sewer system has been verified or an approved sewage septic system has been installed and approved. B. Chapter 7, Sanitary Drainage. 1. Part II Building sewers. Deleted. a. Section 713.0 Sewer required. Deleted. Building sewers located more than two feet from the exterior wall of the building to the property line are regulated by the city public works director. 2. Section 714.0 Damage to public sewer or private sewage disposal system. Deleted. 3. Section 715.0 Building sewer materials. Deleted. 4. Section 716.0 Markings. Deleted. 5. Section 717.0 Size of building sewers. Deleted. 6. Section 718.0 Grade, support and protection of building sewers. Deleted. 7. Section 719.0 Cleanouts. Deleted. 8. Section 720.0 Sewer and water pipes. Deleted. 9. Section 721.0 Location. Deleted. 10. Section 722.0 Abandoned sewers and sewage disposal facilities. Deleted. 11. Section 723.0 Building sewer test. Deleted. 12. Table 7-7 Minimum horizontal distance required from building sewer. Deleted. 13. Table 7-8 Maximum/minimum fixture unit loading on building sewer piping. Deleted. C. Chapter 10, Traps and Interceptors. 1. UPC 1014.0 Grease traps and interceptors. Deleted. Grease traps and all interceptors are regulated by ECC Chapter 7.90. 2. UPC 1015.0 Food waste disposal and dishwasher prohibited. Deleted. 3. UPC 1016.0 Sand interceptors. Deleted. 4. UPC 1017.0 Oil and flammable liquids interceptors. Deleted. Packet Page 158 of 231 Exhibit 5C D. Chapter 11, Storm drainage. Replaced by Chapter 18.30 ECDC. E. Chapter 12, Fuel piping. Replaced by Chapter 19.15 ECDC. F. Chapter 15, Firestop protection. Deleted. [Ord. 3651 § 1, 2007]. 19.20.010 Evidence of potable water. Prior to the issuance of any building permit for new development, the building official shall require substantive evidence of an adequate potable water supply from the purveyor of water to the site for which a building permit is requested. For those areas lying within the service area of the city of Edmonds water utility, the notification from a duly authorized representative of the city's water utility shall be sufficient; provided, nothing herein shall be interpreted to prevent the city or any of its water purveyors from declaring a moratorium or other water emergency limiting or otherwise restricting the availability of adequate potable water. Applicants relying on a well shall provide a copy of applicable state approval for the appropriation and a current test of water quality by a qualified laboratory. [Ord. 3651 § 1, 2007]. Packet Page 159 of 231 AM-3049 1.C. Tree City; Tree Ordinance; Review of Planning Board Recommendations on Streetscape Plan City Council Committee Meetings Date:05/11/2010 Submitted By:Jana Spellman Submitted For:Council President Bernheim Time:30 Minutes Department:City Council Type:Information Committee:Community/Development Services Information Subject Title Tree City; tree ordinance; review of Planning Board recommendations on Streetscape Plan. Recommendation from Mayor and Staff Previous Council Action Narrative Many cities in Washington State have adopted ordinances protecting trees and regulating their pruning and removal on private and public property. See information on Issaquah's approach, attached. One of the first steps in adopting such ordinances can be the creation of a citizens advisory board to work with outside organizations such as Tree City USA and the National Arbor Day Foundation. Tree City USA, sponsored by The National Arbor Day Foundation in cooperation with the USDA Forest Service and the National Association of State Foresters, provides direction, technical assistance, public attention, and national recognition for urban and community forestry programs in thousands of towns and cities that more than 93 million Americans call home.Tree City USA, sponsored by The National Arbor Day Foundation in cooperation with the USDA Forest Service and the National Association of State Foresters, provides direction, technical assistance, public attention, and national recognition for urban and community forestry programs in thousands of towns and cities. A draft ordinance creating citizen advisory board for tree protection is attached. At subsequent meetings, the committee may consider adopting a tree protection ordinance and revising the Edmonds Streetscape Plan. Fiscal Impact Attachments Link: Attach 1: Issaquah Web Site Information Link: Attach 2: Tree Board Ordinance Form Routing/Status Route Seq Inbox Approved By Date Status Packet Page 160 of 231 1 City Clerk Sandy Chase 05/06/2010 08:56 AM APRV 2 Mayor Gary Haakenson 05/06/2010 09:00 AM APRV 3 Final Approval Sandy Chase 05/06/2010 09:04 AM APRV Form Started By: Jana Spellman Started On: 05/05/2010 09:19 AM Final Approval Date: 05/06/2010 Packet Page 161 of 231 Spellman, Jana From: Saved by Windows Internet Explorer 8 Sent: Wednesday, March 03, 2010 2:29 PM Subject: City of Issaquah - Tree Preservation Amendments Page 1 of 3City of Issaquah - Tree Preservation Amendments 5/5/2010    Ava Frisinger, Mayor Eileen Barber Fred Butler Tola Marts Maureen McCarry Mark Mullet Joshua Schaer John Traeger   Arts & Culture Building Department City Clerk's Office City Council Emergency Management Executive Economic Vitality Human Services Finance Fire Human Resources Department Information Technology Mayor Municipal Court Parks & Recreation Planning Police Public Works Engineering Major Development Review Team Resource Conservation Office Public Works Operations   Arts Commission Cable TV Commission Cemetery Board Civil Service Commission Development Commission Human Services Commission Issaquah Youth Advisory Board Library Board Park Board Planning Policy Commission Packet Page 162 of 231 River and Streams Board Sister Cities Commission Urban Village Development Commission   Advanced Search How Do I? Site Map Contact Us P.O. Box 1307 City Hall Northwest 1775 12th Ave NW Issaquah, WA 98027 Phone: 425-837-3080 Fax: 425-837-3089 Email: Hours: 9 - 5 Monday to Friday Back to Planning Board, Commissions and Committees Planning Codes, Plans and Studies Zoning Map Maps Pending Projects Planning Permit Applications and Information Demographic and Community Profile Buildable Lands and Growth Targets Links Staff Directory Tree Removal Form Bids/RFPs s e a r c h [sitemap] [advanced search] CALENDAR OF: MEETINGS & EVENTS Today is: March 3, 2010 DAY WEEK MONTH Mar 2010 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 / Planning / Tree Preservation Amendments Tree Preservation Amendments The City Council adopted the Tree Preservation Amendments on December 15, 2008. Click here for Ordinance & new code Click here for common questions & answers regarding tree removal on existing single family lots. Click here for Issaquah Municipal Code regulations for tree removal on existing single family lots. Click here for adopted Landscape Code amendments (adopted 7-16-07). Background: The City has begun another part of their review that began with a multi-year plan identified in Agenda Bill 5450 (3-20-06). AB 5450 states, "Over the past few years, the City has entertained ideas for strengthening its expectations for green space management. Tree preservation, open space management, invasive and hazard tree removal and other vegetation management and protection mechanisms have been packaged by the Administration into a 3-part work program. Recent unauthorized tree removal activities; issues regarding hazard tree removal; and gaps in the code provisions have resulted in the need to examine, consolidate and refine existing code language related to tree preservation." Click here to see the multi-year plan that includes tree regulation reform (completed 12-18-06, AB 5563) and Landscape Code amendments (adopted 7-16-07, AB 5585). Click here for adopted Landscape Code amendments. Public Process Printer friendly version Forested Squak Mountain Hillside in Winter Forested Squak Mountain Hillside December 15, 2008 December 2, 2008 Council adoption Click here for the updated Agenda Bill and letter from J. Brady Click here for the proposed amendments Council Land Use Committee Agenda Page 2 of 3City of Issaquah - Tree Preservation Amendments 5/5/2010Packet Page 163 of 231 98027 Conditions and Forecast Articles New Tree Regulations are adopted, Issaquah Press, December 24, 2008 Tree Regulations are on the way, Issaquah Press, November 5, 2008 Some residents worry about restrictions in tree ordinance, Issaquah Reporter, July 4, 2008 Land Use Committee proposes single family code changes, Issaquah Press, 5-14- 08 Do trees trump property rights? Issaquah Press, 3-26-08 Town Hall weighs a 'green' city versus homeowners' property rights, Issaquah- Sammamish Reporter, 3-21-08 Public's ideas needed for tree preservation, Issaquah Press, 3-12-08 City leaders take on tree preservation, Issaquah Press, 10-17-07 October 2, 2008 July 15, 2008 Click here for the Agenda Bill Click here for proposed amendments Planning Policy Commission Public Hearing Click here for the Agenda Click here for the proposed amendments River & Streams Board: reviewed the Tree Preservation Amendments draft (same draft information distributed to the City Council Land Use Committee on July 1, 2008). click here for agenda July 1, 2008 City Council Land Use Committee: review and discussion received an update on the draft Tree Preservation Amendments on. click here for Agenda click here for Some residents worry about restrictions in tree ordinance, Issaquah Reporter, July 4, 2008 June 26, 2008 Planning Policy Commission: review and discussion click here for PPC Agenda click here for Exhibit A: Draft Tree Preservation Amendments only click here for complete IMC 18.12 Landcaping including draft Tree Preservation amendments May 19, 2008 City Council: Action on the updated Agenda Bill 5795 policy direction regarding the Tree Preservation Amendments. Click here for updated AB 5795 Click here for the original AB 5795 March 18, 2008 Council Town Hall Meeting, click here for agenda, click here for articles and coverage of Town Hall Meeting March 4, 2008 Council Land Use Committee, click here for agenda and click here for AB 5795 regarding Tree Preservation Feb 5, 2008 Council Land Use Committee, click here for agenda Jan 24, 2008 Planning Policy Commission, click here for agenda packet Jan 8, 2008 Council Land Use Committee, click here for agenda Dec 6, 2007 Planning Policy Commission, click here for agenda packet Nov 13, 2007 River & Streams Board, click here for agenda packet Oct 9, 2007 Council Land Use Committee, click here for agenda packet August 14, 2007 Council Land Use Committee, click here for agenda packet June 26, 2007 Committee of the Whole Council, click here for agenda packet Aerial city photograph credit - Tim Heneghan HOME | TOP | WEBSITE HELP | ABOUT THIS SITE Printer friendly version If you have questions regarding the site, please . Terms of Use | Built using Project A's Site-in-a-Box ©2010 Page 3 of 3City of Issaquah - Tree Preservation Amendments 5/5/2010Packet Page 164 of 231 Ordinance Number [City Clerk, please fill in number] An ordinance of the City of Edmonds, Washington, Amending the Edmonds City Code, Title 10 to add a new Chapter 10.95 Citizens’ Tree Board ____________________________________________________________________________ WHEREAS, the Edmonds City Council developed a sustainability agenda during their 2009 retreat; and WHEREAS, the Edmonds City Council enacted Resolution 1129 to adopt the United States (US) Mayors’ Climate Protection Agreement as amended by the 73rd Annual US Conference of Mayors; and WHEREAS, old growth forests have been heavily logged in the Pacific Northwest section of the US resulting in a significant loss of native conifers; and native deciduous trees including big leaf maples and red alders are in decline; and WHEREAS, urban forests provide habitat for wildlife, including migratory birds; and WHEREAS, urban forests lessen the effects of storm events by slowing the rate of surface water runoff and thus reducing the need for construction and maintenance of flood control structures; and WHEREAS, tree roots stabilize steep slopes minimizing the amount of soil erosion; and WHEREAS, urban forests improve air and water quality and sequester carbon; and WHEREAS, the Edmonds City Council finds it to be in the public interest to establish a Citizens’ Tree Board, one of the four steps to becoming a certified as a Tree City USA® by the US Department of Agriculture’s Forest Service Urban and Community Forestry Program. NOW, THEREFORE, The City Council of the City of Edmonds, Washington, does ordain as follows: Section 1: The Edmonds City Code, Title 10, is hereby amended by the adoption of a new Chapter 10.95 Citizens’ Tree Board to read as follows: 10.95.010 Board created – membership 10.95.020 Officers of board – meetings – forum 10.95.030 Powers and duties 10.95.010 Commission created – membership A. There is hereby created a Citizens’ Tree board consisting of up to twelve (12) members. Citizens must be Edmonds residents. The board shall consist of citizens throughout the Page 1 Packet Page 165 of 231 B. The term of appointment shall be two years. Each member, at his or her discretion, may seek renewal of his / her term of appointment for one additional term. 10.95.020 Officers of board – meetings – forum Members of the Commission shall meet and organize by electing, from the members of the board, a chair and vice chair and other officers as may be determined by the board. It shall be the duty of the chair to preside at all meetings. The vice chair shall perform this duty in the absence of the chair. A majority of the filled positions on the board shall constitute a quorum for the transaction of business. A majority of the quorum may transact any particular business of the board. The regular public meeting of the board shall be held at such time or place as may be determined by the chair or a majority of the members of the board. Such meetings shall be considered special meetings and notice shall be provided in accordance with City ordinance and Washington State law. 10.95.030 Powers and duties A. The board is empowered to advise and make recommendations to the Mayor and City Council and, as appropriate, to the Planning Commission and other boards or commissions of the city on such matters including but not limited to: 1. Developing a tree ordinance designed to preserve and protect existing trees, encourage planting of additional trees, safeguard trees on parcels where construction or renovation is occurring or planned to occur 2. Encouraging the Edmonds citizenry to become active stewards of the urban forest, by Increasing community outreach and education regarding the value of trees, proper selection of trees, and correct methods for planting of and caring for trees 3. Work with civic, religious, and citizen groups to organize invasive plant removal and native vegetation planting in accord with the Department of Parks, Recreation & Cultural Services sites including but not limited to Yost, City, Mini, Hutt and Maplewood Parks Page 2 Packet Page 166 of 231 Page 3 4. Coordinating with the “Adopt a Park” and other citizen groups on specific projects 5. Facilitate relevant grant applications supporting ecology and watershed protection projects 6. Sponsoring an annual Arbor Day Event 7. Working towards achievement of Tree City USA® status 8. B. The board shall provide an annual report to the City Council in December of each year Section 2: Sunset Clause. The provisions of this ordinance will not be subject to a sunset clause. This ordinance may be repealed or amended by act of the Edmonds City Council. Section 3: Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effective five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR GARY HAAKENSON ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY W. SCOTT SNYDER FILED WITH CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NUMBER: Packet Page 167 of 231 AM-3051 1.D. Discussion on Conditional Use Permits for Home Occupations City Council Committee Meetings Date:05/11/2010 Submitted By:Gina Coccia Time:15 Minutes Department:Planning Type:Information Committee:Community/Development Services Information Subject Title Discussion on Conditional Use Permits for Home Occupations. Recommendation from Mayor and Staff Committee to provide direction for further study/review. Previous Council Action N/A Narrative The City reviews and processes two types of business license applications: those for general commercial activity, and residential home occupations. ECDC 21.40.040 defines home occupations as follows: “Home occupation means an economic enterprise operated within a dwelling unit or buildings accessory to a dwelling unit, incidental and secondary to the residential use of the dwelling unit, including the use of a dwelling unit as a business address in the phone directory or as a post office mailing address.” The Home Occupation code (ECDC 20.20) was last revised 17 years ago under Ordinance 2951. When home occupation applications are submitted to the City Clerk’s office, various departments (Fire, Planning, Building, Police, and Engineering) will review the proposed scope of work and how it complies with applicable city codes. The zoning code allows certain types of home occupations in residential (RS and RM) zones as a permitted secondary use, subject to specific approval criteria (no customers or employees are permitted to visit the premises, no odor/dust/vibration should be created, no storage of business materials outdoors, etc.). As long as a proposed business meets the criteria in ECDC 20.20, the Planning Division can sign off on the business license application as it relates to zoning standards. Businesses that cannot meet all of the basic home occupation criteria require either (1) a change to their proposal so that they can meet the code, or (2) apply for and obtain a Conditional Use (CU) permit approval through the Planning Division. The standard fee for a home occupation business license application is $100. However, if a conditional use permit and hearing by the Hearing Examiner is required, the fee for this process jumps to approximately $1,500. The chief complaint heard by the Planning Division about home occupation requirements is the fee. For example, because of the code criteria, even if a piano teacher wanted to teach one student out of their home one time in a given a year, a conditional use permit would be required. Typical conditions imposed during the public hearing process include limited numbers of customers, limited hours of operation, and determining if there is sufficient Packet Page 168 of 231 limited numbers of customers, limited hours of operation, and determining if there is sufficient onsite parking to accommodate the proposal. The City’s Community Sustainability Element encourages local business and reductions in the city’s overall greenhouse gas emissions. Relevant policies include: E.1 Economic development should support and encourage the expansion of locally based business and employment opportunities. E.3 Regulatory and economic initiatives should emphasize flexibility and the ability to anticipate and meet evolving employment, technological, and economic patterns. E.4 Land use and regulatory schemes should be designed to encourage and support the ability of local residents to work, shop, and obtain services locally. We see a couple of options available if Council wishes to streamline the permitting of home occupations that should logically ‘fit’ within neighborhood settings. One way would be to clarify the standards for approvable home occupations, such as allowing home occupations that have only a single off-site employee or not more than one customer coming to the site per hour, and allow them to be permitted as part of the normal home occupation review. Another option would be to change the process so that home occupations that require more review are handled as staff-approved conditional use permits rather than a CU requiring Hearing Examiner review (this would reduce the fees from $1,500 to about $500). Examples of permits that require similar administrative review by staff include Accessory Dwelling Unit permits (ADUs) and tree cutting permits – public notice is still required, but the decision is ultimately made by staff (with the decision appealable to the Hearing Examiner). As noted, both whether an approval is made administratively or by the Hearing Examiner, the permit can be conditioned and there is public notice. The Council may want to review the current codes and processes related to home occupations, compare them to other jurisdictions, and determine if an administrative CU review process is more appropriate than a CU permit that requires a public hearing at three times the fee. To compare and contrast other local codes, visit the Municipal Research & Services Center (MRSC) at http://www.mrsc.org/codes.aspx?r=1. Please refer to Exhibit 1 for a table comparing how a number of other cities handle home occupations. Fiscal Impact Attachments Link: Planning Memo & Review Matrix Form Routing/Status Route Seq Inbox Approved By Date Status 1 Planning Department Rob Chave 05/06/2010 10:58 AM APRV 2 City Clerk Linda Hynd 05/06/2010 01:05 PM APRV 3 Mayor Gary Haakenson 05/06/2010 01:21 PM APRV 4 Final Approval Linda Hynd 05/06/2010 02:43 PM APRV Started On: 05/05/2010 03:19 Packet Page 169 of 231 Form Started By: Gina Coccia Started On: 05/05/2010 03:19 PM Final Approval Date: 05/06/2010 Packet Page 170 of 231 CITY OF EDMONDS 121 5th Avenue North, Edmonds WA 98020 Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.ci.edmonds.wa.us DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION L:\Productiondb\AGENDA\CCOUNCIL\0027_3051_CC_Memo-HomeOcc.doc Page 1 of 2 Planning Division Memo Date: May 5, 2010 Review By: Gina Coccia, Planning Division To: Edmonds City Council – CS/DS Committee Subject: Home Occupation Review Discussion on Conditional Use Permits for Home Occupations The City reviews and processes two types of business license applications: commercial and residential home occupations. Various departments (Fire, Planning, Building, Police, and most recently Engineering) will review a business’ proposed scope of work when home occupation applications are submitted to the City Clerk’s office. ECDC 21.40.040 defines home occupations as follows: “Home occupation means an economic enterprise operated within a dwelling unit or buildings accessory to a dwelling unit, incidental and secondary to the residential use of the dwelling unit, including the use of a dwelling unit as a business address in the phone directory or as a post office mailing address.” The Home Occupation code (ECDC 20.20) was last revised 17 years ago under ordinance 2951. The code allows certain types of home occupations in residential (RS and RM) zones as a permitted secondary use, subject to specific approval criteria (no customers or employees are permitted to visit the premises, no odor/dust/vibration should be created, no storage of business materials outdoors, etc.). As long as a proposed business meets the criterion in ECDC 20.20, the Planning Division will sign off on the business license application. The fee for a home occupation business license application is $100. Businesses that cannot meet all of the home occupation criteria are require either (1) change their business proposal so that they can meet the code, or (2) apply for and obtain Conditional Use (CU) permit approval through the Planning Division. A conditional use permit requires public notice and a public hearing before the Hearing Examiner, who makes the final decision. The fee for this process is roughly $1500. The chief complaint heard by the Planning Division about home occupation requirements is the fee. Even if a piano teacher wanted to teach one student out of their home one time in a given a year, a conditional use permit would be required. Typical conditions imposed during the public hearing process include limited numbers of customers, limited hours of operation, and determining if there is sufficient onsite parking to accommodate the business. The Planning Division actually has two types of conditional use permits: those that are reviewed and administered by staff (“admin” CU) and those that are recommended to the Hearing Examiner for review (currently all home occupations are required to be referred to the Hearing Examiner). Examples of permits that require administrative CU review by staff include Accessory Dwelling Unit permits (ADUs) and tree cutting permits – public notice is still required, but the decision is ultimately made by staff (appealable to the Hearing Examiner). The fee for an admin CU is only $505. Both administrative CUs and those referred to the Hearing Examiner generate conditions of approval and involve public notice and comment. The Council may want to review the current codes and processes related to home occupations, compare them to other jurisdictions, and determine if an administrative CU review process is more appropriate than a CU permit that requires a public hearing at three times the fee. To compare and contrast other local codes, visit the Municipal Research & Services Center (MRSC) at http://www.mrsc.org/codes.aspx?r=1. Packet Page 171 of 231 L:\Productiondb\AGENDA\CCOUNCIL\0027_3051_CC_Memo-HomeOcc.doc Page 2 of 2 Comparing Review Processes City Inexpensive Admin Process? Additional CU Process? Notes Online Information Shoreline Yes. $145 (minimum one hour review) and one non- family employee is permitted to visit. No. SMC 20.40.400. Approximate two week review. Submittal Checklist & Summary, Application, and Criteria Sheet: http://www.shorelinewa.gov/index.aspx?page=270 Lynnwood No land use process – only reviewed through the business license (BL) process. Allowed 1 customer an hour (9am- 9pm), no employee vehicles on/near the site. No. LMC 21.42.300. The fee is $28.50/year Home Occupations: http://www.ci.lynnwood.wa.us/Content/Business.aspx?id=71 Checklist: http://www.ci.lynnwood.wa.us/Docs/homeoccsrvy1.pdf Mercer Island No land use process – only reviewed through the BL process. No. MICC 19.02.010.A.5. The fee is $30 for a BL, the process is mainly complaint driven, and the most common complaints are traffic and parking. Separate review criteria for day cares. Home Business Requirements: http://www.mercergov.org/files/HomeBusiness.pdf Woodinville Yes. Home Occupations are $115 and are required to meet the criteria – see checklist and application. Limited customers and employees permitted. Yes. HIPs require a hearing and cost $5305. WMC 21.30.040 and WMC 21.30.050. The difference between their processes has to do with the size of the business and lot and whether or not there are on-site sales. Home Occupation Permit Application and code section: http://www.ci.woodinville.wa.us/Documents/Work/permits/2009 _Home_Occupation_Permit_Application_and_Checklist.pdf Home Industry Permit(HIP) Application and code section: http://www.ci.woodinville.wa.us/Documents/Work/permits/2009 _Home_%20Industry_Permit_Application_and_Checklist.pdf Mukilteo No land use process – only reviewed through the BL process. $113.50 + FTE license fees. One employee allowed to visit. No. MMC 17.16.040(14) Home Occupations only addressed in the definitions chapter and in the permitted use matrix of the code: http://codepublishing.com/wa/mukilteo/ No other online forms/handouts. Edmonds No. Either we can approve their application with the BL or it requires a public hearing CU permit application. No customers or employees are permitted. Yes. If they propose any customers or employees (or fail to meet any of the criteria) then a public hearing is required. ECDC 20.20. The chief complaint we hear is that there is no middle ground. A piano teacher is required to pay $1500 for a CU that could take 3-4 months for a hearing. We already have an administrative CU process in place that still requires public notice. Staff decisions cost $505 and are appealable to the HE (examples: ADUs and tree cutting permits). ECDC 20.20: http://www.mrsc.org/mc/edmonds/Edmonds20/Edmonds2020.ht ml#20.20 Handout #P42: http://www.ci.edmonds.wa.us/Public_Handouts/Planning/P42- Home_Occupation.pdf Packet Page 172 of 231 AM-3056 1.E. Cascade Land Conservancy / Neighborhood Projects. City Council Committee Meetings Date:05/11/2010 Submitted By:Rob Chave Time:20 Minutes Department:Planning Type:Action Committee:Community/Development Services Information Subject Title Cascade Land Conservancy / Neighborhood Projects. Recommendation from Mayor and Staff Authorize staff to further develop a proposal for presentation to the full Council for approval. Previous Council Action Rob Chave briefly discussed this idea during an update on the Cascade Agenda Cities Program at the Council meeting of April 20, 2010. Narrative There appears to be an opportunity to combine several priorities into a single effort to move forward on developing neighborhood center planning in Five Corners and Westgate. This is a priority identified by the Economic Development Commission (see Exhibit 2, page 11), and is a potential project identified as well by the Cascade Land Conservancy as part of its potential scope of work for Edmonds (see Exhibits 1 and 3). The proposal here is to develop a scope of work with the Cascade Land Conservancy that would create a public process for developing a plan and set of development standards for both the Five Corners and Westgate neighborhood centers (they could have a similar process, but would obviously result in different detailed plans). We believe that a combination of Cascade with perhaps assistance from the University of Washington could allow us to push this project forward to completion this year, which would help position these key neighborhood centers for appropriate redevelopment that would benefit the city and the specific neighborhoods involved. Fiscal Impact Attachments Link: Exhibit 1: Cascade Agenda Leader Cities Edmonds Scope Link: Exhibit 2: EEDC 2009 Report Link: Exhibit 3: Cascade Agenda Quarterly Report Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Linda Hynd 05/06/2010 01:04 PM APRV 2 Mayor Gary Haakenson 05/06/2010 01:21 PM APRV Packet Page 173 of 231 3 Final Approval Linda Hynd 05/06/2010 02:43 PM APRV Form Started By: Rob Chave Started On: 05/06/2010 11:08 AM Final Approval Date: 05/06/2010 Packet Page 174 of 231 7/28/2009 1 CASCADE AGENDA CITIES PROGRAM EDMONDS Project Scope INTRODUCTION Edmonds Edmonds has taken a leadership role in the Puget Sound Region by creating policies and programs to enhance the quality of life for current residents. By endorsing The Cascade Agenda, Edmonds understands that careful planning benefits not only the city and its residents, but helps protect natural and working lands in the region from poorly planned development. Examples of this leadership include the Council’s 2009 goal to include a sustainability element in the comprehensive plan updates and Resolution No. 1170, passed in 2008, that addressed environmental principles and policy. By continuing to grow in a complete, compact and connected manner, Edmonds can protect open space, promote economic development, and make neighborhoods attractive, affordable places to live, work and raise a family. By becoming a Cascade Agenda Leadership City, Edmonds and the Conservancy can further collaborate towards enhancing livability and preserving the quality of life. SCOPE OF WORK Purpose In agreeing to continue the partnership with Cascade Land Conservancy (CLC) to develop the Cascade Agenda Cities program in Edmonds, the City has committed to working to advance their strategic initiatives and the Cascade Agenda. CLC can assist Edmonds in working towards its community vision by helping the city implement a variety of new tools and strategies. In order for these tools and strategies to work, awareness needs to be created about how the comprehensive plan, community vision and individual development projects relate. If the Edmonds chooses to become a Cascade Agenda Cities Program Leadership City, CLC will conduct a livability assessment as well as 25 hours of CLC staff time. As a member of the Cascade Agenda Leadership Cities Program, the City will pay an annual fee of $5,000 and receive 25 hours of CLC staff time annually. In partnership with the city, CLC proposes the following scope of work. 1) Livability Assessment and Indicator Report This report is included in the Leadership city program and allows a baseline observation of policies, ordinances and programs the city is currently undertaking to grow in a complete, compact and connected manner along with a demographic profile of the city. The indicator report makes the connection between current policies and long-term community vision.  Work with Edmonds staff to complete livability assessment and follow-up interview (Fall, 2009)  Produce indicator report outlining indicators and policies supportive of compact and connected development. (Winter 2010) Packet Page 175 of 231 7/28/2009 2 2) 25 Hours of staff time directed towards a project agreed upon by the City and CLC. Four potential projects are identified below. 1. Urban Design in Downtown and Neighborhood Centers CLC and guest speakers would host an event on urban design possibilities in the City of Edmonds. This effort would be in the form of a field trip to nearby examples of high quality design or a presentation and question/answer session to understand the role design can play in future development and redevelopment in Edmonds. 2. Examine potential Transit Oriented Development Opportunities (TOD) Examine opportunities and the outreach necessary to create walkable, livable neighborhoods in close proximity to future transit stations and corridors in Edmonds. a. Edmonds Crossing Multi-modal facility b. 216th & 238th along Highway 99 c. Deliverables would include policy memo detailing findings and/or public meeting on visioning around regional growth around future transit 3. Complete Streets Policy Development Building off of Edmonds draft Comprehensive Transportation Plan, CLC would collaborate with the City of Edmonds to create a Complete Streets ordinance that ensures Edmonds streets work for all users, including pedestrians, cycling, transit and automobiles a. Policy memo that includes best practices, policy resources and sample ordinances from the Puget Sound Region 4. Raise Long-Term Visibility Around the Comprehensive Planning Process Working in partnership with the City of Edmonds, the CLC will work to develop an integrated community outreach strategy around growth and future development. a. Outreach presentations to neighborhood and business groups beginning in fall/winter of 2009-2010 and building awareness of land use and planning issues leading up to the comprehensive plan updates culminating in 2011. i. Connect Edmonds’s community vision to development regulations within the City. ii. Create connections to quality of life and livability over the period time between creation of the community vision and development projects within Edmonds. FUTURE OPPORTUNITIES Other CLC Services 1) Transfer of Development Rights – Partner with the City of Edmonds to create a Transfer of Development Rights (TDR) program that, in conjunction with its other efforts, supports residential and commercial growth in the city. A TDR program may be specific to the city or may work with partner cities to jointly plan for development along transit corridors. TDR program development depends on the scope, but generally falls between $50-$80K for complete program development, which includes stakeholder outreach, policy and economic analyses, draft policies and ordinance language, and process support, 2) Green City Partnerships – Form a public-private venture between the City of Edmonds and CLC to develop a civic-based stewardship program including businesses, organizations, and citizens for restoration of all of the urban forests and natural areas in the City. Green City Partnerships build a comprehensive vision for urban forest restoration and long-term Packet Page 176 of 231 7/28/2009 3 care by identifying present conditions, assessing current capacity, and providing a full account of the resources required to realize this vision in a 20-year strategic plan of action for each city. The long-term strategy embodied in this plan for Edmonds then becomes the driving force to engage community groups and build a network of support to achieve citywide forest and natural area restoration goals. The Green City Partnerships have three main objectives:  Connect people to nature and improve the quality of life in cities by restoring urban forests and other urban open spaces;  Galvanize an informed, involved, and active community around urban forest restoration and stewardship; and  Improve urban forest health, and enhance urban forest long-term sustainability, by removing invasive plants, re-establishing native plant communities and maintaining functional native forests. Costs: The cost of initiating a Green City Partnership vary by each city’s needs, current staffing resources, availability of data, and existing levels of volunteer-based restoration activities. The Cascade Land Conservancy will work each city to meet its specific needs, including placement of each effort within the appropriate phase of the Green City Partnership lifecycle, as well as possibilities for partnering in grant and other funding opportunities. Services Estimated Costs Benefits Green City Partnership Planning Phases Baseline Assessment $20,000 - $30,000 Starting point for program, ability to plan for specific restoration needs Capacity Assessment $20,000 - $30,000 Identification of existing resources and methods to increase efficiency, reduce redundancy, and improve existing programs 20-Year Plan $40,000 - $55,000 Development of long-term plan to lead partnership, ensuring sustainability of program Sub-Total Planning $80,000 - $105,000 Green City Partnership Implementation Phases Engage Community $25,000 - $35,000 Cornerstone of Green City Partnership, local community is engaged Forest Steward Network $20,000 - $30,000 Gold-star of community engagement, multiplication of efforts, community is true partner, citizens feel ownership of program Sub-Total Implementation $45,000 - $65,000 Full Green City Partnership Planning and Implementation $125,000 - $180,000 Green City Partnership Network (annual) $12,000 Access to updated information and resources, collaboration with Green City Partnership network, participation in Packet Page 177 of 231 7/28/2009 4 larger effort On-going Program Management [In development] Packet Page 178 of 231 COMBINED 2009 ANNUAL REPORTS FROM THE CITY OF EDMONDS ECONOMIC DEVELOPMENT COMMISSION AND PLANNING BOARD The City of Edmonds Economic Development Commission and Planning Board, in response to their charge to prepare and submit an annual report, respectfully submit this report to the Edmonds City Council and Mayor Haakenson for review and consideration. Packet Page 179 of 231 2 The Citizens Economic Development Commission On April 21, 2009, the Edmonds City Council passed Resolution 1198 which directed City of Edmonds staff to create an Ordinance, that would, if approved, create a Citizens Economic Development Commission. On June 2, 2009, the Edmonds City Council passed Ordinance 3735, which amended the Edmonds City Code, Title 10, adding a new Chapter 10.75 Citizens Economic Development Commission. The Citizens Economic Development Commission, consisting of 17 members, is empowered to advise and make recommendations to the Mayor and City Council, and as appropriate to the Planning Board, Architectural Design Board or other Boards or Commissions of the City on such matters as may be specifically referred to the Commission by the Mayor or City Council including but not limited to 1) determining new strategies for economic development within the City of Edmonds, and 2) identifying new sources of revenue for consideration by the City Council, and other strategies for improving commercial viability and tourism development. Packet Page 180 of 231 3 Executive Summary A significant challenge for the City of Edmonds is a long-term structural gap in which revenue growth is slower than growth in expenses. The City of Edmonds will experience a budget deficit that is projected to begin in 2013. Without increases in the City’s revenues, taxes will have to be raised, which can potentially put excessive burdens on individual household budgets. In an effort to find solutions to this problem, the Edmonds Citizens Economic Development Commission (CEDC) and Planning Board hereby submit several initial proposals that should be worked on and completed in 2010. The problem will require a multi-faceted approach; as no single proposed strategy, policy, or program can assure success for our community or fix the problem. All proposals should therefore be viewed as only one piece of an overall economic development program. The proposals lie in the areas of improved land use, attracting new businesses and supporting existing businesses, and development of tourism. These approaches are also intended to support residential development in certain areas and support existing property values. All of these undertakings can be worked on simultaneously during the year. The Edmonds CEDC and Planning Board requests that the City Council provide feedback shortly after its February 2010 retreat on the following recommended items. 1. Ensure that the City’s economic development position can devote full time to economic development activities and adequately fund proposed programs and activities. A focus of this role is to continue to define and promote Edmonds’ brand. 2. Commit to developing/reviewing/updating a strategic plan every year, ideally corresponding to the City Council’s annual retreat; this includes setting goals and continually assessing progress metrics. 3. Initiate Neighborhood Business Center plans for Five Corners (Neighborhood Center) and Westgate (Neighborhood Community Center) in order to position these areas to attract redevelopment. 4. Support the process to redevelop Harbor Square with public involvement that ensures a balance between generating revenue and addressing environmental concerns. . 5. Initiate and fund a business/marketing plan for the City-owned fiber optic network. 6. Develop a community vision that addresses a balance between quality of life and growth objectives while furthering Edmonds’ “green” initiatives. The Edmonds Economic Development Commission and Planning Board encourage the City Council to actively work in partnership with the Edmonds CEDC and participate in its meetings. City leadership needs to focus on, and prioritize, major efforts/initiatives that effect the overall business community and quality of life for residents as a whole as opposed to focusing time, energy, and money on less significant issues. It is time act now, i.e., initiate, not react. Packet Page 181 of 231 4 What is the problem? The City of Edmonds projects that annual revenues will fall below expenses in the year 2013 and that the shortfall will increase well into the future. Reserves, including about $900,000 from the Fire District 1 transaction, will push out the first appearance of a general fund deficit until 2013. The chart below presents the annual deficit as well as the cumulative deficit projected through 2020. By 2020 Edmonds is projecting a cumulative deficit of $30 million. Edmonds Budget -35000000 -30000000 -25000000 -20000000 -15000000 -10000000 -5000000 0 5000000 Ending Balance Cum Year by Year Ending Balance Cum 3026674 2388064 1244080 -402124 -2633035 -5291777 -8634408 -12711862.3 -17565434.8 -23238284 -29775508.7 Year by Year -402124 -2230911 -2658742 -3342631 -4077454.29 -4853572.54 -5672849.13 -6537224.73 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 What does this deficit mean to City of Edmonds residents? There will need to be either large cuts in basic services provided by the City or large increases in taxes paid to the City. On average an Edmonds household now pays about $800 annually in property taxes that go to support the City (property taxes are also collected for other purposes such as the Library District, Emergency Medical Services, Schools, Port, Hospital District, etc.). The chart below demonstrates the average increase in property taxes that each household would need to pay to cover the projected deficit. By the year 2020 the average household will need to pay an additional $374, a 46% increase over today. This equates to a cumulative total of $1,701 in additional taxes from 2013 to 2020. This assessment only takes into account maintaining services at current levels and does not include additional taxes associated with needed transportation improvements or additional amenities such as upgrading Yost Pool. Tax Increase Per Household 0 50 100 150 200 250 300 350 400 Tax Increase Tax Increase 22.978514 127.48063 151.92811 191.00749 232.99739 277.347 324.16281 373.5557 2013 2014 2015 2016 2017 2018 2019 2020 Packet Page 182 of 231 5 Why is economic development important to Edmonds? Financial stability is of paramount importance to the City because it allows for the successful delivery of services with an eye on the long-term financial ramifications of decisions, particularly given the budget challenges of the past and those projected into the future. Prudent financial decisions can help determine future opportunity and should result in citizens receiving the best possible government for their tax dollar. The City’s economic prosperity and development increases wealth and the standard of living for many who live and work within the City of Edmonds. The structure of the City’s economy influences the City’s physical development and determines the City’s capacity to fund essential services. These factors also support existing residential property values that are important components of City revenue, as well as personal wealth. Aside from a national or global economic recession, the Citizens of Edmonds deserve predictability and reliability regarding the government services they fund. A strong economy requires a strong, healthy and balanced community as a foundation. Thus, it is imperative that the City of Edmonds position itself to plan for and maintain economic sustainability. Economic development is a program, a group of policies or activities that seek to improve the economic well being and quality of life for a community, and it includes numerous approaches as no single strategy, policy, or program can assure success for a community. It strives to find balance and synergy between business and residential development that is consistent with quality of life concerns of the citizenry. As stated within the City of Edmonds Economic Development Plan, “Communities like Edmonds are realizing that there is no such thing as a ‘static’ or fixed economy; local economies are always changing. They are also impacted by countless forces, such as national and state economic cycles, competition from surrounding cities for desirable businesses, local and regional land use changes, residential and commercial real estate market trends, and other forces. Without change and adaptability, a community can become stagnant or even decline. Successful communities today acknowledge their past and allow a vision for the future to guide them through the changes needed to prosper.” An increasing number of communities around the region have economic development policies and staff. Their community economic development priorities vary widely, but can include, initiatives to create affordable housing; adding employment; downtown or commercial revitalization; small business assistance, business recruitment and site selection; community marketing, branding and promotions; tourism generation; streamlining permit processes; and streetscape projects (includes public art). What are other cities doing to address the problem? Edmonds is not alone in facing economic distress in the near future. The CEDC studied what other neighboring cities and entities are doing to address similar issues. During two joint meetings with the Planning Board, representatives from the Snohomish County Economic Development Council, the cities of Lynnwood, Mountlake Terrace and Bothell, and the Port of Edmonds shared information about recent economic development related efforts/initiatives. Packet Page 183 of 231 6 The Citizens Economic Development Commission and Planning Board collectively agree that one strong message presented from the guest speakers is that success in the area of economic development requires strong and steady leadership from the City Council, and alignment of goals and visions amongst all who impact the situation. Additional messages from guest speakers included the following:  City staff and Council must work closely together, and in support of common goals  Open community involvement and input is critical to the success of the process  Public policy is weighed against its impact to economic development  A positive corporate culture is what encourages collaboration and innovation  Processes and regulations must be aligned with goals  Zoning is to be designed to proactively attract new business  Economic development goals are kept highly visible and tracked for progress and completion  Community branding is critical  A City must present and participate in regional forums  Partnerships between the City and other entities, groups, businesses and organizations are needed in order to move forward in a productive manner  Compliment, don't compete with other communities  Sustaining a razor’s edge focus on achieving the end goal. What has Edmonds been doing? Edmonds has not been idle in recent years either. The community college has been growing and adapting its curriculum to the challenges of the future and has increased its presence in Edmonds, as illustrated by the downtown Conference Center. The Highway 99 Task Force continues to progress. Stevens Hospital is showing positive growth and will enter into a new relationship with Swedish Medical Center that will better prepare it to meet future needs. The council has approved a contract rezone for Firdale Village. The Port has purchased buildings within its office park and begun the process of developing a master plan for the area. Various agencies, including Sound Transit, WSDOT and Community Transit, have initiated and continue to pursue transit improvements on Highway 99 and within the downtown area, providing opportunities for further transit-oriented development. Both public and private initiatives have substantially expanded community access to high-speed fiber optic technology. The City’s Economic Development Department has improved outreach to the business community and increased promotion of Edmonds via advertising in many types of publications in addition to contacting PCC and Ace Hardware to encourage their locating within Edmonds. The City acquired funding for a highway enhancements project now in process to create a visual gateway in Edmonds’ International District on Highway 99, and the City completed first phase planning for the downtown 4th Avenue Cultural Corridor. All of these and more represent opportunities for the City of Edmonds to begin to solve its budget problems. Packet Page 184 of 231 7 What is the Edmonds CEDC Doing? After six months of meeting as a body and in subgroups, in addition to gathering information from the county, port, and neighboring cities, the Edmonds CEDC has some initial proposals and ideas we believe help prioritize the aspects the City should begin working on immediately. The Edmonds CEDC cannot stress enough the importance of taking action and initiating programs now. Actions taken by the City in 2010 could take years before they manifest into projects and programs that generate revenue. The City needs to grow its population in a well-planned and sustainable manner. Total revenues from property taxes need to increase without putting excessive burdens on individual households. We need to increase revenues from a variety of sources, not just property taxes. All of these proposals take time, so we must start now because 2013 is just around the corner. Below we describe the most important proposals/ideas that we recommend the City Council initiate in 2010. We will continue to look for more solutions in 2010 and will work on the ideas that City Council requests the Commission address in greater detail. 1. Find a way for the City’s economic development position to devote full time efforts to economic development activities and adequately fund proposed programs and activities. Funds could come, for example, from the Fire District 1 transaction. The priorities of the economic development position should include branding the City to increase tourism; identifying what is unique about Edmonds that attracts people (tourists and new residents) so we can build on those strengths; attracting new businesses and jobs to the City; working with large landowners to overcome the principal barriers to attracting large, quality, clean businesses to Edmonds. The Economic Development Director will also be charged with continually monitoring progress metrics and identifying hurdles to such, especially that which may require council action in a timely manner. 2. The City Council should commit to developing/reviewing/updating a strategic plan every year (and throughout the year, when necessary and appropriate), ideally corresponding to their annual retreat. The City should consider using the services of a skilled strategic planning facilitator to work with the community to develop a vision and strategic plan with active citizen participation. A City of the quality of Edmonds should move forward with a defined strategy. An overarching plan is needed. In addition, that plan needs to be revisited every year to see where the City stands, what has been accomplished and what should be modified. The plan needs to include indicators of achievement. It must involve the citizens in a meaningful way. There are a number of examples of successful strategic planning from our neighbors. There are even funds available to help cities in the process. 3. The City of Edmonds needs to initiate master planning and rezoning for the Neighborhood Business Centers to more easily enable redevelopment and attract innovative and progressive builders. The City should start with Five Corners (Neighborhood Center) and Westgate (Neighborhood Community Center). Neighboring cities are already doing this, and Edmonds will be left out if we are not ready to compete. Developers will choose to develop a site that has appropriate zoning in place rather than risk waiting years for a legislative process to conclude. The City recently approved changes to the Firdale Village zoning regulations, although the process was privately sponsored and ended up being excessively long and complicated. Nonetheless, the rezone was accomplished, and the City can use Packet Page 185 of 231 8 lessons learned from this process to develop a more streamlined process for the other neighborhood centers. Additional areas needing continued attention include the ESCA-Skippers-DOT area west of SR 104 (see item 4), Stevens Hospital (medical center area) and Highway 99 corridor, and Perrinville. Because of the confluence of events and potential public resources available, the City should initiate, and/or work with WSDOT on, a master planning process for the ESCA-Skippers-DOT area west of SR-104. This area presents a unique opportunity for the City to “set the stage” for future public/private partnerships and transit-oriented development opportunities that could significantly enhance the entire downtown area while furthering its economic development needs. Much planning has been done over the years in this area; it is time to put the vision, regulations and infrastructure in place to “get it done.” 4. The City should support the process that the Port of Edmonds has begun to redevelop Harbor Square. The process will involve significant public involvement and should ensure a balance between generating revenue and addressing environmental concerns. 5. The City also has an opportunity to position itself so as to attract businesses that wish to utilize the City’s fiber optics. The City Council should work with the Economic Development and Finance Departments’ efforts to prepare and fund a business/marketing plan related to the City’s ability to utilize its fiber optic system. 6. The City should develop a community vision. Community involvement is essential to assuring the quality of life in Edmonds while furthering Edmonds’ “green” initiatives. In addition, we increase the probability of successful redevelopment of neighborhood centers if the redevelopment responds to the needs of the residents of the neighborhood. We need to develop a vision for the City as a whole, as well as its individual neighborhoods and their centers. What does the Commission need from the City Council? The Commission is made up of 17 members of the community who are donating a great deal of time to this effort because of its importance to the future of the City we love. We have all seen too many reports left to collect dust on a shelf. We want to have our work taken seriously and support the City Council in its economic development efforts. Time is of the essence. To ensure that the remainder of Edmonds CEDC’s tenure is as productive and constructive as possible, it is imperative that the Edmonds CEDC receive confirmation from the City Council that the Edmonds CEDC is moving in the right direction. We agree that it’s important and necessary for the City Council to review the Edmonds CEDC and Planning Board Combined Reports and give us feedback following the February 5 and 6, 2010 Council retreat. More specifically, we request feedback by February 17, 2010 (Edmonds February CEDC Meeting) and ask that the City Council attend this meeting to share your thoughts regarding, and reactions to, our proposals and efforts. Packet Page 186 of 231 9 The Commission is unanimous in agreeing that we need the City Council to work with us on economic development efforts and initiatives, and that our work, ideas and recommendations receive prompt attention for the City Council. We request that the City Council also appoint two members, not currently serving as members of the City Council Economic Development Committee, to participate actively on the Commission and carry back to the full Council our concerns. This will result in four City Council members having ongoing involvement in economic development efforts and activities. Most of all, City leadership needs to focus on, and prioritize, major efforts/initiatives that effect the overall business community and quality of life for residents as a whole. It is time to act now, that is initiate, not react. Summary We consider this report interim in nature. The attached appendices contain information on a variety of issues, ideas, potential recommendations and discussions that have been explored to date. All potential recommendations under each charge of Ordinance 3735 will be further discussed/explored/examined by the Economic Development Commission and Planning Board in 2010 upon acceptance and further direction by the City Council. The Edmonds EDC and Planning Board commit to continue working towards addressing the important charges contained within Ordinance 3735 and we look forward to our tasks at hand. Packet Page 187 of 231 10 APPENDIX AND PLANNING BOARD ATTACHMENTS Packet Page 188 of 231 11 Appendix 1 Edmonds Economic Development Commission Charges Contained Within Ordinance 3735 1. Determining new strategies for economic development within the City of Edmonds 12 o Support neighborhood centers that promote employment, affordable transportation and housing, and capaCity-building services.  The City has an opportunity to position itself so as to attract businesses that wish to utilize the City’s fiber optics network. Support efforts to prepare a business plan related to the City’s ability to utilize its fiber optic system. This is needed before any decisions can be made as to how best to move forward.  Recruit businesses looking to expand that have been successful in other Puget Sound cities.  Form a public/private partnership for business recruitment and retention. The partnership should explore ways to: o Expand businesses related to health care, medicine, biotech, medical equipment, etc. o Motivate land owners to assemble smaller parcels for redevelopment. There are a number of underutilized lots (Burlington Coat Factory, the storage place) that could be used to attract more lucrative businesses. o Focus businesses towards larger sites: family oriented restaurants, commercial center retail, and one or two larger retailers (big box)  The City could explore modifying zoning along the edges of downtown to allow residential on the first floor in buildings where the street level has spent long periods vacant. These sites/units could serve as Live-Work sites until the area can fully support 100% commercial.  Implement Transit oriented development (TOD) tools to support Downtown/Waterfront and Highway 99 Corridor areas in concert with regional transit providers.  Review ways to promote more use of public rights of way, i.e., sidewalks for cafes, short time sales, art displays, etc.  Review City light industrial zoning and capacity 3. Increasing Tourism Tourism is the fastest growing and one of the top three industries in 49 of 50 states and in every Canadian province. Tourism is an economic development activity that helps diversify the local economy, creates jobs and business opportunities, and lastly, a City’s front door to its non-tourism economic development efforts.1 The City of Edmonds Economic Development Department has significantly increased the visibility of the City of Edmonds since November of 2007, as demonstrated by the following list year 2009 publications, website and miscellaneous items where advertisements were placed: o 2009 Greater Seattle InfoGuide 1 Destination Development, Inc. ”The Art of Branding a Community”. by Roger Brooks. Packet Page 190 of 231 13 o 2009 Snohomish County Visitor’s Guide o 2009 Community Trade and Economic Development Official Tourism Guide o 2009 Washington State Hotel and Lodging Association Official Tourism Guide o ExperienceWA.com – Washington State’s official tourism website o 2009 City of Edmonds Community Calendar of Events o Public Art Review (National publication – Spring/Summer) o Alaska Airlines (May) o Southwest Airlines (April) o Vancouver Magazine (April) o 2009 Washington Festivals and Events Calendar o QFC Pharmacy Bags (Jan – august, 2009) City staff have also worked with a number of publications and feature articles about the City of Edmonds were published in the following magazines and newspapers: o “Downtown Edmonds” -- Seattle Premier Monthly Magazine – March, 2009 o “Discover Edmonds…..a ferry-tale City” -- 425 Magazine - April, 2009 o “Downtown Edmonds has changed a bit since the 1960s — in good ways” – Seattle Time, January 5, 2009 o “Cruising in Puget Sound, Port of Edmonds” -- Northwest Yachting Magazine – November, 2009 o “Write on the Sound writers’ conference” – Writer’s Digest – September, 2009 The City of Edmonds Economic Development Department Director has indicated he has initiated additional programs and tasks to improve tourism. City staff have secured website domain names, e.g., VisitEdmonds.com for the purposes of marketing, and to eventually provide direct links to the City’s Visitor’s Guide with the goal of creating a tourism website. As of December, 2009, the City of Edmonds is now a member of Seattle’s Convention and Visitor's Bureau (CVB). As a member, the City of Edmonds will be included in each CVB publication and now has an opportunity to distribute brochures at the Convention Visitors Information Center. City staff is reviewing the need to hire a web master to develop a tourism website while at the same time working with the Chamber of Commerce to ensure that effective messages and information are contained within the website. The City’s Economic Development Department in partnerships with the City’s Cultural Services Division, and other entities and organizations throughout the City and region, will work to promote and sustain a vibrant cultural community. According to the City’s Community Cultural Plan (2008), this will be done by:  Building upon Edmonds’ identity as a cultural destination  Encouraging effective partnerships to support cultural opportunities  Developing cultural facilities  Increasing visibility and accessibility of cultural events, and Packet Page 191 of 231 14  Broadening community involvement and participation. Areas the Economic Development Commission Planning Board wish to explore and study further include:  Branding Edmonds. The Economic Development Commission and Planning Board also see the need to initiate a process to brand the Community. This is not the same as developing a slogan or logo. Branding is about perception, i.e., what people think of you, not what you say you are. A branding exercise is a chance to define the City’s identity resulting in a consistent and compelling theme and focused message to create interest in the City of Edmonds as a destination for businesses and visitors.  Creating a Tourism Web site  Ways to make Edmonds the Northwest Arts Capital  How to attract a more diverse demographic, e.g., age, income, culture, etc., to the City of Edmonds 4. Improving Commercial Viability If the City can better enable businesses and other employers to grow and improve, the benefits accrue not only to the people who hold those jobs, but also to the employers who sell the products and services those people create and the communities that can grow as a result of that economic activity. The extant general language about building up the neighborhood centers needs to get turned into explicit zoning changes if redevelopment is to happen. A developer does not want to come to the City and spend a year or more facing the uncertainty of whether or not a parcel will be rezoned for redevelopment. The City needs to have the zoning in place to attract a developer, not wait for business to come along and request a rezone. Other neighboring cities are doing this during this economic downturn. Edmonds must or the City will be left behind when the economy improves.  Implement Transit Oriented Development plan for Hwy 99 and Downtown. Could be two separate items. Hwy 99 takes advantage of high-intensity use areas and BRT initiative. Standards for transit- oriented development tied to incentives (e.g. reduced or more flexible parking standards, priority or discounted permitting) for development. Downtown would be tied to Sound Transit, CT, etc. development. Public/private partnerships should be explored with Sound Transit, WSF, etc.  Identify priorities and commit to ongoing effort to simplify and streamline City regulations and rules. These should be aligned with an adopted Strategic Plan (see above).  Advocate for process improvements to simplify and improve interactions with small business  More efficient regulation. This is not about lowering the City’s regulatory standards, but rather about improving the efficiency with which they are implemented. Packet Page 192 of 231 15  Expedite permitting that meets primary objectives and one stop permit guidance for new locating businesses Packet Page 193 of 231 16 Overall Recommendations  Strategic Planning – City Council should commit to developing/reviewing/updating a strategic plan every year, ideally corresponding to their annual retreat. Purpose would be to set/confirm priorities within the Strategic Plan and link those to the City’s adopted Budget, Economic Development Plan, Community Sustainability Plan, Capital Facilities Plan, Capital Improvement Plan, Transportation Plan, Streetscape Plan, Parks and Recreation Plan, Cultural Plan, and long range planning efforts. o Explore ways to devote staff, time and funding to long-term strategic planning, its relation to budgeting, and develop a plan for implementing a long-term strategic plan.  Government actions and policies significantly shape the City’s business climate. o City leadership needs to focus on, and prioritize, major efforts/initiatives that effect the overall business community and quality of life for residents as a whole as opposed to focusing time, energy, and money on less significant issues. o It is time to initiate, not react.  Improve left turns from Hwy 99 and improve highway crossings, including pedestrian crossings  Support increase in Economic Development Department budget necessary to recruit, retain and expand businesses  Time is of the essence. The City needs to start laying the groundwork for economic development immediately. A portion of the savings from reducing expenses of the Fire Dept. should be spent on economic development activities, not set aside for the future. o The savings could be used to hire consultants to help staff achieve many of the ideas raised in this report.  Edmonds should adopt economic development as one of its goals.  Edmonds is no longer a bedroom community. Continuing to function as a City that is heavily dependent on residential revenue will damage the City in the long run. The City needs to diversify its tax base with a more balanced residential/commercial mix.  The City Council, Mayor, City staff, Chamber of Commerce and other organizations need to work together in support of common goals. Prepare, adopt and expand upon existing Economic Development Plan policies that support a diverse, innovative, competitive, entrepreneurial, and sustainable local economy Packet Page 194 of 231 17 Attachment 1 PLANNING BOARD Report to City Council January 19, 2010 INTRODUCTION The Edmonds Planning Board is charged with the task of reviewing and considering strategies for economic development in conjunction with the Citizens Economic Development Commission as set forth in Ordinance 3735. These strategies are to be developed from a land use perspective given that our role as a planning board is to address land use issues. The overall intent is to improve commercial viability, tax revenue base, and tourism activity within the City of Edmonds all of which contribute to the quality of life of our citizens. BACKGROUND Our city, region, and the nation are reeling from an unforeseen economic downturn. Market conditions are making it extremely difficult to rebound in ways that normally get us back on track. Reliance on real estate taxes and automobile sales taxes, two of our largest contributors to city revenue in the past, are no longer saviors for our current condition. It's no longer business as usual so we must get innovative, look to see what's working and what's not around us, and create the change that's needed in how we do things in this city. While the Planning Board will undertake studies, analyses and strategies designed to contribute to both economic and livability sustainability conditions within the City, we believe that the Council needs to provide leadership and proactive participation [partnering] in the process in order to enable realization of any such developed plans. The 60-plus membership of last Spring’s budget levy committee reported to the Council with the key findings that a levy measure should be enacted by the Council to supplement the city’s budget or the next 6 years. Additionally, the universal recommendation was then (and remains so today) that both plans and strategies for the future economic health of Edmonds should be led by the City Council. Mayor Haakenson reported on 12/30/09 in the media that: “If we do nothing, we will find ourselves in the same position in 2014 that we found ourselves in 2009.” If we do nothing, State and Federal mandates via the Growth Management Act will force decisions upon us without our input, and we will be facing outcomes that most if not all of us would not want especially around the transportation nodes. To address this deteriorating situation in light of a bleak economic forecast throughout our State and Country, we recommend that the City Council study the need to put to the voters a tax levy in 2010 to address both budget recoveries and ‘kick start’ economic development and revenue generation plan implementation within the City. With leadership and commitment from City Council, this first step must be taken and many more steps toward creating diverse revenue streams need to follow through our joined efforts. SHORT AND LONG TERM PROPOSALS UNDER STUDY Packet Page 195 of 231 18 Rationale Strategies and approaches are being addressed by the Planning Board which are intended to contribute to sustainability of the City in all aspects [economic, environmental, livability]. Economic development and effective fiscal management of the City should be undertaken by City Council along with skillfully guided grassroots efforts as a contributing force. The function of our Board is to study and recommend plans and guidelines regarding land use in conjunction with their associated Codes and the Comprehensive Plan for the City. We can only conduct action as set forth [enacted] by our elected leadership—the City Council. We must be partners in action if we are to accomplish what is needed. Commitments made by City Council towards a more sustainable Edmonds Resolution 1168 (April 2008) - established the City of Edmonds Sustainable Building Policy, established a LEED silver standard for certain remodels and new City buildings and facilities, emphasized life cycle cost analysis. Resolution 1169 (April 2008) - joined the Cascade Agenda as a Member City, endorsed Cascade Agenda principles of making the City complete, compact, and connected Resolution 1170 (April 2008) - committed to a set of environmental principles, policies and goals for future action; emphasis on City taking a leadership role in addressing climate issues; and recognizing key role of education, transit and TOD in a complete and coordinated policy framework December 1, 2009 Mayor signed a contract with Cascade Land Conservancy to become a Cascade Agenda Leadership City. Becoming a leadership city will allow CLC to partner with Edmonds as well as conduct a livability assessment that considers the City’s policies and programs and compares them to other leadership cities to identify things Edmonds is doing that could work in other cities and to share things other cities are doing with Edmonds. Planning Board Suggestions Strategies and goals listed below are those the Planning Board can support and work with City Council on as needed: 1) The City should encourage and enable a renewal of appropriate’ branding’ for Edmonds. [likely led by the business community] 2) Assign timeline and dollar allocations to both create and carry out a strategic plan towards stated goals. Some goals will take a long time (5-10 years) to implement. Set up a SWOT (strengths, weaknesses, opportunities, threats) analysis to track progress. 3) City must provide and ‘couple’ budget funds annually with established action plan (implementation) in order to produce real trackable results. If the City does not undertake responsible growth plans, other governing agencies may very well do so on our ‘behalf’ Packet Page 196 of 231 19 4) City will need Code and Comprehensive Plan revisions to enable meaningful commercial development in the immediate as well as long-term future within the City. 5) Plan implementation strategies should provide for linkage between future development and/or redevelopment of applicable available areas within the City; ie. Port of Edmonds Harbor Square Master Planning with development of remaining waterfront area(s). 6) Address and provide any linkage necessary between Edmonds Sustainability Element strategies developed and Puget Sound Regional Council (PSRC) Vision 2040 plan as related to WA Growth Management Act (GMA) currently projected to (only) 2025. 7) Support and coordinate through your leadership, interest groups, citizens' committees, and various functions within the City that are actively pursuing plans and strategies to enhance aspects of the quality of life and sustainability of our city: 1. City Parks, Recreation and Cultural Development [Yost/Aquatics, new parks, 4th Ave. Arts Corridor, Interurban Trail] 2. South County Senior Center 3. Civil Service Commission 4. Public Facilities District 5. Port of Edmonds [Yacht club, Harbor Square Master planning] 6. Historic Preservation Commission [increased elements identification] 7. DEMA [sponsored events, linkage of merchants] 8. Economic Development undertakings by the City. 9. Lead and sub-groups under Transportation Plan 10. Edmonds in Bloom 11. Edmonds Arts 12. Rose House/Center for Creative and Humanitarian Endeavors 13. Edmonds Conference Center 14. Edmonds Mural Society 15. Rotary Club of Edmonds 16. Edmonds Center for the Arts 17. Edmonds Historical Museum 18. Edmonds-South Snohomish County Historical Society 19. Sustainable Edmonds 20. Friends of the Library 21. Friends of the Marsh Packet Page 197 of 231 20 Attachment 1.1 PLANNING BOARD APPENDIX to Report to City Council Jan. 19, 2009 Resources and Presentations throughout 2009 geared to Planning and Sustainability PB 4/8/09 Retreat PB met as a group for extended discussion on history, trends, and desired direction for planning purposes over the course of 2010. The Board is committed to the long term goal of creating a sustainable city from an environmental, economic, and livability standpoint. The Board sees the need to work collaboratively with the City Council in both planning and realizing actions to achieve sustainability goals and is willing to investigate and study a number of factors that have been impeding efforts to keep pace with surrounding communities as population grows, resources become stretched, and infrastructure and buildings age. The Planning Board suggested three goals to focus on: 1) Developing a vision for Edmonds and potentially going through a branding process for the city 2) Continued utilization of sustainable practices towards efficiency, longevity of, and livability within the city 3) Addressing and reconciling political issues impacting productive plan(s) and implementation thereof PB 6/24/09 Meeting Jennifer Gerend, the city’s prior Director of Economic Development, presented an overview of opportunities and challenges for us to consider. Opportunities 1) Promote mixed use development in neighborhood "nodes" (Firdale, 5 Corners, etc.) 2) Downtown could be enhanced for pedestrian shopping zone 3) Bolder marketing efforts when development plans are viable and progressive Challenges 1) Hwy 99 needs "more generous development regulations" 2) Building height limit possibilities for innovative development 3) Need better balance of zoning/Development Code(s) and financial feasibility of projects Stephen Clifton, the city’s current Director of Economic Development, talked about the status and opportunities relating to transportation and land use in downtown and waterfront areas. Listed are a number of Packet Page 198 of 231 21 influences by involved and related parties that make decisions regarding these areas difficult. 1) Ferries 2) BNSFRR 3) WSDOT 4) private property owners 5) Port of Edmonds 6) Public Opportunities 1) Potential public/private development proposals could emerge 2) City could take lead in preparing defined development guidelines and SEPA processing ahead of development in order to shape overall goal(s) for the area PB 7/8/09 Meeting Fiber optic system opportunities were presented whereby the public involved in commercial or business enterprises could foresee the possibility for access to and utilization of the system. This sounds like a worthwhile investment for the city. Community Transit presented on planning and opportunities (see detailed plan). The following are major future corridors under consideration: 1) 196th St. (Rt. 524) 2) 76th Ave 3) Rt. 104/Edmonds Way 4) Waterfront Transportation PB 7/22/09 Meeting A presentation of City of Edmonds Highway 99 Enhancement Project Report (6/22/09 update to 4/7/04 Report) revealed a number of positive ideas and visualizations of what be accomplished along that stretch: 1) “Activity Center” concepts envisioned along the Edmonds portion of the route 2) Becoming more transit-oriented especially with upgraded bus system 3) Collaboration opportunities with Lynnwood and Shoreline 4) More focus on DESIGN needed including green building and redevelopment Projects in the pipeline 1) Edmonds Green 2) Top Food and Drug 3) ID Artwork Packet Page 199 of 231 22 4) SWIFT Transit System (Community Transit) 5) Burlington Coat Factory PB 9/9/09 Meeting Presentation of the North King and South Snohomish Counties Regional Mitigation Plan for Natural Hazards which pointed out notable exposures for Edmonds: 1) Recurrent flooding of Dayton/Waterfront area plus 2) Potential rising sea level due to climate change predictions 3) More frequent land/mud slides likely in certain locales within city It is important to point out that there is no dedicated funding associated specifically with the plan at this time. PB 10/14/09 Meeting The Sustainability Element of Comprehensive Plan (File #AMD2008009) was presented and discussed. Sustainability is development that meets the needs of the present without compromising the ability of future generations to meet their own needs. Sustainability is not solely focused on environmental sustainability; it also emphasizes the inter-related nature of environmental, economic, and social factors. The Sustainability Element establishes a framework for creating short term (2 yr) budget goals, a 3-5 year strategic plan, and a long term (20 yr) comprehensive plan with corresponding goals. It serves as a lens through which policy decisions are made as Edmonds strives for economic and environmental sustainability as well as social equity for the future of the city. There are 4 major elements: 1) Climate Change 2) Community Health 3) Environmental Quality 4) Implementation Citizen's comments were offered and included some of the following specifics that were also discussed by planning board members: 1) Enhance attractiveness of city to younger people 2) Possibly have a year-round farmers market 3) Concerns about Edmonds marsh preservation and creating public access 4) Concerns about rising water levels in Puget Sound due to climate change 5) Climate Action Plan is being worked on by the Mayors Climate Protection Committee (See minutes for more data discussion—actually over many PB meetings) Packet Page 200 of 231 23 PB 10/14/09 Meeting Presentation of Department on Edmonds Parks, Recreation and Cultural Services Plan for 2009–2015. The body of this report indicates that the plan's elements have either funding sources associated or identified within. PB 11/4/09 Meeting Capital Facilities Update for 2009-2015 to City’s Comp. Plan Citizens’ Advisory Committee for Transportation proposed an increase in funding for TBD (voter approval required) Friends of Edmonds Marsh 1) Habitat preservation/enhancement 2) Daylighting of Willow Creek to Sound discharge 3) Increase/enhance public access and use Edmonds Bicycle Advisory Group is promoting infrastructure improvements towards convenience and safety of bicycle exercise and transportation. They are seeking grant funding for these projects to supplement city funding. PB 12/9/09 Meeting Presentation of the City of Edmonds Climate Action Plan: an outcome of the Mayors Climate Protection Committee. This is a strategy plan that provides a framework for action items leading to potential reduction of greenhouse gases within Edmonds. It will serve as an adjunct to recently approved Sustainability Element within the Comp. Plan. The following are areas of focus within the plan element: 1) Transportation and land use 2) Lifestyles 3) Buildings 4) Environment 5) Economy 6) Community Outreach and Empowerment Packet Page 201 of 231 To: Council Member Wilson From: Jeff Aken, Project Manager---Cascade Land Conservancy Re: Edmonds-Cascade Agenda Leadership City Date: April 14, 2010 Overview The Edmonds City Council voted to become a Cascade Agenda Leadership City on December 1st, 2009 and a contract was completed in January of 2010. This contract committed CLC to provide the city with a livability assessment, 25 hours of CLC staff time and to convene a learning network of member cities. The City of Edmonds is committed to designating a staff contact, completing the livability assessment questionnaire and participating in the network. A summary of current and planned activities is below: 1. (Completed) CLC gave a presentation to the Edmonds Rotary in December about CLC’s regional vision and the steps Edmonds is taking to become an even more livable city. 2. (Under way) CLC Livability Assessment: This assessment is a policy analysis tool that is used to understand what policies are in place and how they are working. This is an 81 question electronic survey dealing mainly with planning policies, but also looks at various public works and parks policies related to the built environment. Once completed by the City, CLC will conduct a follow up interview with key city staff to answer questions and then produce a draft report. CLC then presents these findings to the Planning Commission and/or City Council. The report can also be used in citizen outreach/engagement work to let residents know what steps the city is taking to enhance the urban environment. 3. (Under way) 25 hours of CLC Staff Time: As a part of the leadership City commitment, the City is entitled to 25 hours of dedicated CLC staff time to support a project of the City’s choosing. The City of Edmonds and CLC have not yet agreed upon a project for this effort. CLC staff is working with Edmonds Planning Director, Rob Chave to discuss potential projects and next steps. Initial opportunities that have been identified are: 1. Design in Downtown and Neighborhood Centers 2. Potential TOD opportunities in Edmonds (216th, 238th and/or Edmonds Crossing) 3. Long-term visibility around the comprehensive planning process 4. Complete Streets Policy development 1. CLC is planning to initiate a citizen engagement effort on this topic in May 2010 in collaboration with Cascade Bicycle Club, Feet First and Transportation Choices Coalition. 4. (Planned) Community Stewards, The Community Stewards program is a grant-funded program that works to build a network of volunteers to advocate for carefully planned growth, making their communities even better places to live. The purpose of the Community Stewards is to create well-informed, well-organized, and well- prepared citizens who are ready to participate in the decision-making process and guide their neighborhoods toward a complete, compact and connected future. This program, which CLC is bringing to our leadership cities as an additional benefit will launch in Edmonds and Shoreline at the end of May. We are currently planning to host an event on Complete Streets, featuring a panel discussion and community engagement session for Edmonds/Shoreline to build off momentum of bike-to-work month in May 2010. This will then be followed by working more closely with interested citizens to develop a Community Stewards network in Edmonds. 5. (Planned) CLC has existing partnerships with 18 cities across the central cascades region – we seek to connect staff in these cities via a learning network. The next Cascade Agenda Cities Program Learning Network event is tentatively scheduled for May 26th, 2010 and will include speakers from the City of Renton and Tacoma, discussing recent design guidelines they have passed relating to Complete Streets policies. CLC is committed to being an active partner with the City of Edmonds and is willing to discuss ways to strengthen the partnership around planning projects that enhance the quality of life in Edmonds. Packet Page 202 of 231 AM-3050 1.F. Community Gardens; Planting; Gardening in Planting Strips City Council Committee Meetings Date:05/11/2010 Submitted By:Rob Chave Time:20 Minutes Department:Planning Type:Action Committee:Community/Development Services Information Subject Title Community gardens; planting; gardening in planting strips. Recommendation from Mayor and Staff Refer the issue to the Planning Board for further study and recommendation. Previous Council Action N/A Narrative Recently, the Edmonds Floretum Garden Club initiated a 'community garden' at the Edmonds Christian Church at 23010 84th Ave W (in Esperance). We have also had occasional inquiries regarding planting gardens in the right of way (planting strips). Although the city's codes do address how planting strips can be used, there is nothing in current codes about community gardens. Given the apparent growing interest in this subject in the community, it seems prudent to review the codes to support this type of use. This is also encouraged by the City's Community Sustainability Element, which includes the following policy statement: F.3 Promote food security and public health by encouraging locally-based food production, distribution, and choice through the support of home and community gardens, farmers or public markets, and other small-scale, collaborative initiatives. Fiscal Impact Attachments Link: Exhibit 1: Floretum Garden Club community garden info Link: Exhibit 2: Floretum community garden application Link: Exhibit 3: Seattle P-Patch program Link: Exhibit 4: Seattle Market Gardens info Link: Exhibit 5: Parking Strip Gardens article Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Linda Hynd 05/05/2010 12:24 PM APRV 2 Mayor Gary Haakenson 05/05/2010 04:16 PM APRV 3 Final Approval Sandy Chase 05/05/2010 05:24 PM APRV Packet Page 203 of 231 Form Started By: Rob Chave Started On: 05/05/2010 11:11 AM Final Approval Date: 05/05/2010 Packet Page 204 of 231 Edmonds Floretum Garden Club will be operating and maintaining the Edmonds Community Garden on the property of Edmonds Christian Church, located at 23010 84th Ave. W. in Edmonds. Our goal is to encourage organic gardening and sustainable living, and give an opportunity for those people without sun or space a chance to grow vegetables and flowers. Plot sizes will range from 24 sq.ft. ($20/yr) to 80 sq.ft. ($50/yr) with children's plots for free. A plot will also be dedicated for food donations to one of our local food banks. Please consider participating in this neighborhood garden – space is limited! Planting is expected to begin in late April. Download and complete the Application Form and the Rules & Regulations, and send them along with your check to: Betty Larman, 801 Walnut Street, Edmonds, WA 98020. Packet Page 205 of 231 EDMONDS FLORETUM GARDEN CLUB Edmonds Community Garden Beautifying Edmonds since 1922 Contact: www.edmondsfloretumgardenclub.org ************************************************************************ EDMONDS COMMUNITY GARDEN PLOT APPLICATION NAME_______________________________________________ ADDRESS*______________________________________________________________ ________________________________________________________________________ Email___________________________________________________________________ DAYPHONE_____________________________________________________________ * Residents with a permanent Edmonds mailing address are eligible for a plot. PLOT SIZES AND FEES: ______ X Large plot (up to 80 sq. ft.) @ 50.00 ______ Large plot (less than 48 sq. ft.) @ $35year __________ Small plot (less than 24 sq. ft.) @ $20/year ______ Children plot (free) Note: under 18 requires parental supervision and child and parent signatures ______ Special need: please describe__________________________________________ _________________________________________________________________________ ________________________________________________________________________ ______ match me with a mentor for limited assistance ______ I request financial aid to help with the plot fee (specify below) ______reduced fee _____waived fee ______ Payment plan Please note that no one will be denied a plot for financial reasons. On the other hand donations to keep this garden going are welcomed. All monies given to the Edmonds Community Garden Club will be administered by the Edmonds Floretum Garden Club which is a 501 © 3 organization. Your gifts to this garden are tax deductible, not the rental fee. Each gardener is required to contribute a minimum of 8 volunteers’ hours seasonally to EFGC is a 501(c) 3 Organization EIN-26-4199118 Packet Page 206 of 231 maintain the common areas of the garden, the Food Bank patch or assist with administrative duties. Indicate your interest: _____ Garden Committee _____ Path maintenance ______Shed tidying up and cleanup _____Perimeter garden care ______Fall cleanup ______compost maintenance I PLEDGE THAT I WILL NOT USE ANY PESTICIDES, HERBICIDES OR OTHER CHEMICALS PRODUCTS IN THIS GARDEN: ____________ (INITIALS) Please check all that apply: ____ my child would like to take part in the children’s garden ____ I would like to volunteer my time or share my harvest with the Edmonds Food Bank I have read the current Rules and regulations for the Edmonds Community Garden and agree to abide by them. I understand that if I fail to do so. I may loose my plot assignment and it will be reassigned. _______ (initial) Liability Waiver I understand that neither the Edmonds Community Garden committee, nor the Edmonds Floretum Garden Club nor the Edmonds Christian Church is responsible for my actions. I release and hold harmless all of the above mentioned organizations and their officials, members or all their agents. I agree to waive any rights of recovery that I may have to bring a claim or lawsuit for damages against them for any personal injury or death or other harmful consequences occurring from my voluntary participation in this activity Any gardeners who will work in this plot must also sign this waiver/application. Name: ___________________________________Signature:_________________________ Name: ___________________________________Signature:________________________ Submit application to: Edmonds Floretum Garden Club c/o Betty Larman, 801 Walnut Street, Edmonds, WA 98020, if renewing, please include check for annual fee. New applicants will be notified of plot availability. For ECG committee use Plot #_________Assigned date: _____________Annual fee:_____________________ Financial aid –reduced or waived fee approved: _______________________________ Placed on waiting list on _______________________________Fee refunded: $_______ Additional comments: EFGC is a 501(c) 3 Organization EIN-26-4199118 Packet Page 207 of 231 EDMONDS FLORETUM GARDEN CLUB Edmonds Community Garden Beautifying Edmonds since 1922 Contact: www.edmondsfloretumgardenclub.org ************************************************************************ EDMONDS COMMUNITY GARDEN RULES AND REGULATIONS Visibility: One goal is for the neighborhood garden to be a model to encourage organic gardening and sustainable living, so we want to be able to attract people to it. Make it a destination, so be friendly with everyone and keep the garden clean and organized. Management: EFGC envisions the garden to be self governed under the supervision of one or more Master Gardeners managers along with a core of manager/gardeners. Any problem/conflict arising will de decided upon by EFGC Executive Board and the Overall Project Manager Betty Larman. There will be some strictly enforced rules: 1.Smoking. NO tobacco smoking, due to risk of tobacco mosaic disease in plants as well as the health of everyone’s lungs.* 2.No alcohol consumption on premises is allowed 3.NO use of garden chemicals. Whatsoever * If in doubt consult the management team and consult the “Banned chemicals” list on bulleting board. 4.This is a community garden, please be aware of what is going on in the other plots in order to prevent thefts and vandalism. 5.We need to involve and befriend the immediate neighbors and contact the Neighborhood Watch folks if applicable. 6.Dogs: Need fence to keep dogs out, no dogs are allowed in the garden. 7.Garden will be fenced but will not be locked therefore the gates which must be kept closed at all times, 8.Tool security: We have a shed with a combination lock to protect tools; all tools must be marked with the name of its owner. 9. No child under 18 will be allowed in the garden by themselves. 10. Basic First Aid kit in the tool shed. * Can result in automatic dismissal from the garden. I have read the rules and regulations of this garden and will abide by them. Name: ______________________________ ____________Date:________________ Signature: ______________________________________________________ EFGC is a 501(c) 3 Organization EIN-26-4199118 Packet Page 208 of 231 Overall Project Manager: Betty Larman: 425-776-3549, email: bhlarman@eartlink.net Advisors: Cliff Sanderlin Laura Spehar, MG Barbara Chase, MG Garden Manager: Team members: EFGC is a 501(c) 3 Organization EIN-26-4199118 Packet Page 209 of 231 SEARCH: Seattle.gov This Department Go Events Get Involved News Resources Customer Service Bureau Historic Preservation Neighborhood Matching Fund Neighborhood Planning Outreach Neighborhood Service Centers Office for Education P-Patch Community Gardening Program - Parks and Green Spaces Levy - Garden Locations - How P-Patch Works - Starting a New P-Patch - How the Waitlist Works - Plot Assignment Guidelines - Community Food Security - Market Gardening - Youth Gardening - What's New - Events - Gardening Resources - Urban Garden Share - Useful Links - Contact Us Immigrant and Refugee Initiative Major Institutions and Schools Seattle Youth Commission Race Relations and Social Justice P-Patch community gardens-Growing Communities The P-Patch Community Gardening Program, in conjunction with P-Patch Trust, a nonprofit organization, oversees 73 P-Patches distributed throughout the city, equaling approximately 23 acres and serving 2056 households. What is a community garden? A community garden is a space where neighbors come together to grow community and steward - plan, plant, and maintain –a piece of open space. Community gardens are gathering places that strengthen networks through cooperative ventures; a source of pride among residents; a visible product of land stewardship and a healthier urban environment. Traditionally, they involve individual gardening plots which community members pay an annual fee for while all shared spaces throughout the garden are cared for together. What is a P-Patch? P-Patch is the name given to community gardens that are managed by the Seattle Department of Neighborhoods P-Patch Community Gardening Program. The name, P-Patch, originated from its first community garden, Picardo Farm. Gardens come in many shapes, sizes, and ownerships (For more Facts about P-Patch Community Gardens: Fact Sheet For the past 37 years, P-Patch community gardeners have been Growing community Nurturing civic engagement Practicing organic gardening techniques Fostering an environmental ethic and connecting nature to peoples’ lives Improving access to local, organic, and culturally appropriate food Transforming the appearance and revitalizing the spirit of their neighborhoods Developing self-reliance and improving nutrition through education and hands-on experience Feeding the hungry Preserving heirloom flowers, herbs, and vegetables Budding understanding between generations and cultures through gardening and cooking Each Garden is Unique P-Patch Community Gardens spring from the desire of neighborhoods to make connections and improve their surroundings through stewardship. All P-Patch Community Gardens are open to the public to enjoy and are used as restorative spaces, learning/idea incubators, and places to gather and visit. The gardens also provide a way to give back to the community: gardeners contributed over 18,500 hours in 2009 (equivalent to 9 full time workers) and show their concern for the value of organic vegetables and community by supplying fresh produce to Seattle food banks and feeding programs. In 2009 alone, P-Patch gardeners donated 12.4 tons (25,000 pounds) of food. In recent years the demand for space in P-Patch community gardens has grown. The P-Patch What's New Links Learn about the Year of Urban Agriculture Stay informed, join our P-Patch e-mail list What's New P-Patch Community Gardens | Department of Neighborhoods 1http://www.seattle.gov/neighborhoods/ppatch/ Packet Page 210 of 231 Community Gardening Program has taken steps to shrink the waitlists. In 2010, all gardens will be assigned a maximum square foot limit as a tool to open up more gardening space. New Gardens are being built over the next 2-3 years with community garden levy funds. In 2008, citizens passed the Parks and Green Space Levy of which $2 million has been dedicated to the development of new P-Patch community gardens. Also, to address the broadening interest in urban agriculture (of which community gardening is a part) and increase the palette of choices available to neighborhoods when they are creating community gardens, the P-Patch Program is experimenting with different models of community gardening. These include large tracts for food growth, collective gardens that do not have individual garden plots, and giving gardens. In addition to community gardening, the P-Patch Program facilitates other programming: market gardening, youth gardening, and community food security. in the City of Seattle. These programs serve all citizens of Seattle but with an emphasis on low-income, immigrant populations and youth. For more information on our program areas, click on Neighborhood News. P-Patch Locations & Information The History of the P-Patch Program Sign up for a P-Patch Community Garden Learn about Youth and Market Gardening Stay informed, join our P-Patch e-mail list Learn about the P-Patch Trust Volunteering Neighborhoods Home | About Us | Contact Us | Events | Get Involved | News Resources | Customer Service Bureau Seattle.gov: Services | Departments | Staff Directory | Mayor | City Council Copyright © 1995-2010 City of Seattle Questions/Complaints | Privacy & Security Policy P-Patch Community Gardens | Department of Neighborhoods 2http://www.seattle.gov/neighborhoods/ppatch/ Packet Page 211 of 231 SEARCH: Seattle.gov This Department Go Events Get Involved News Resources Customer Service Bureau Historic Preservation Neighborhood Matching Fund Neighborhood Planning Outreach Neighborhood Service Centers Office for Education P-Patch Community Gardening Program - Parks and Green Spaces Levy - Garden Locations - How P-Patch Works - Starting a New P-Patch - How the Waitlist Works - Plot Assignment Guidelines - Community Food Security - Market Gardening - Youth Gardening - What's New - Events - Gardening Resources - Urban Garden Share - Useful Links - Contact Us Immigrant and Refugee Initiative Major Institutions and Schools Seattle Youth Commission Race Relations and Social Justice P-PATCH COMMUNITY GARDENING PROGRAM HOW DO P-PATCHES WORK? Gardeners are collectively responsible for all the basic work to keep the P-Patch looking nice. Gardeners like you volunteer to team up and coordinate the tasks and activities that keep your garden running smoothly. This leadership group organizes work parties, watches over the site and coordinates with Program staff and P- Patch Trust. Please identify which activities interest you from the Preference List following the application. Please be aware it’s your responsibility to get involved, don’t wait for someone to call. WHAT CAN I GROW? Any vegetables, small fruits, flowers or herbs you choose. Organic gardening only. Produce may be shared with friends or donated to food banks but may not be sold. Some sites have plant restrictions for those plants that are invasive in the garden, you should check with the specific garden to see what those might be. WHAT SIZE ARE THE PLOTS? Available gardening plot sizes are unique to each P-Patch. Each garden has a base plot size (ranging from 40-2,000 sq ft). Plot sizes are based on the overall garden size, the wait list length, the population density of neighborhoods, and other programmatic goals. As plots turn over, plot sizes may be adjusted by staff, in consultation with volunteer leadership, based on the following factors: overall garden size, waitlist length, population density of neighborhoods, and other programmatic goals. In P-Patch community gardens with different plot sizes, larger plots are assigned to gardeners based on their needs, experience, and demonstrated ability to steward the plot well. These guidelines apply to all gardeners beginning on 1/1/2010. Gardeners not currently meeting the guidelines are grand-fathered. HOW MUCH DOES IT COST? WHAT SIZE ARE THE PLOTS, HOW MUCH DOES IT COST? PROGRAM PLOT FEES $23 application fee $11 for each 100sf gardened Please refer to the examples below: 10 x 10 (100 square feet) - $34 annual fee 10 x 20 (200 square feet) - $45 annual fee 10 x 40 (400 square feet) - $67 annual fee Plot fee assistance is available for anyone who can not afford to pay a plot fee P-Patch Community Gardens | Department of Neighborhoods 1http://www.seattle.gov/neighborhoods/ppatch/gardening.htm Packet Page 212 of 231 WHAT ELSE DO I RECEIVE? Annual spring meeting at your P-Patch Festive events: Harvest Banquet. Connection to other P-Patch Community Gardeners around the city Organic fertilizer or cover crop, water, use of hoses, tools at most sites. Organic gardening educational opportunities (to be announced). Quarterly newsletter, the P-Patch Post, published by the P-Patch Trust. P-Patch Listserve: a moderated tool for gardeners and staff to share ideas, horticulture information, and events. New gardeners will be automatically added to the listserve and can expect zero to five e-mails a day. You may opt out by checking the “Do not add” box on the application page. WHAT DO I HAVE TO DO? Use organic gardening methods only You must contribute a minimum 8 hours of time to the common areas of the garden You must give four of those hours at your P-Patch site, the other 4 can be done on citywide P-Patch Program or P-Patch Trust activities. You must record all your hours You must care for your plot (keep it weeded, watered and harvested!) and paths on a year-round basis You must provide soil improvements, seeds, bed border materials, tools (some tools available for loan) and labor. Welcome the larger community into the garden: Keep in mind, as a gardener, you reflect the P-Patch program to the surrounding neighbors – please be nice. HOW LONG IS THE GARDEN SEASON? If you have a year-round garden (most plots are year-round), you should begin gardening as soon as the soil is workable orupon plot assignment. Then you must maintain your plot all year (plant, weed, water, harvest, and winterize!). Fall and Winter Gardening options: Please remove all non-organic material (tomato cages, trellises, etc.) and choose one or a combination of these options to help with weed suppression and protect your soil from the winter rains. Tending the soil in the cool season pays you back in the warm! Option #1: Grow winter crops such as garlic, onions, kale, etc. Option #2: Plant cover crops: Cover crops are also called green manure because in the spring you dig them into your soil and they feed nitrogen and provide organic material as they decompose. Option #3: Mulch /Sheet Compost to protect and build bare soil. If you have a short season plot at Picardo, you may begin gardening in early April and must finish by the third weekend in October. Short season plots are rototilled in the spring and the fall. HOW ARE PLOTS ASSIGNED? P-Patch Community Gardens | Department of Neighborhoods 2http://www.seattle.gov/neighborhoods/ppatch/gardening.htm Packet Page 213 of 231 Last year's participants have priority to renew their plots. New participants are assigned by waiting list rank. You may place your name on a waiting list for a more preferred site while still at your current site. Confirmation letters are mailed throughout the Spring. P-Patch Community Garden Wait List WHAT IS THE P-PATCH TRUST? P-Patch Trust, a nonprofit 501(c)(3) organization, partners with the P- Patch Program to nurture a strong community gardening organization for Seattle. Please consider a tax-deductible donation to the P-Patch Trust and please join. Click Here to visit the P-Patch Trust web site. WHAT IS FOOD BANK GARDENING? Most P-Patches have a food bank or “giving garden” program to provide fresh produce for those in need. In all P-Patches, individual gardeners can grow food in their own plots to donate to local food banks. Please think about planting an extra row to donate. Many P-Patches also have plots designated as “food bank plots” that are communally or individually gardened specifically to grow food for donation. Lettuce Link coordinates with food bank gardening leaders at each garden and will connect you to your nearest food bank. To get involved in food bank gardening, please call Michele Bates Benetua at 206-694-6754, or email michelleb@solid-ground.org or talk to the food bank coordinator at your garden. Neighborhoods Home | About Us | Contact Us | Events | Get Involved | News Resources | Customer Service Bureau Seattle.gov: Services | Departments | Staff Directory | Mayor | City Council Copyright © 1995-2010 City of Seattle Questions/Complaints | Privacy & Security Policy P-Patch Community Gardens | Department of Neighborhoods 3http://www.seattle.gov/neighborhoods/ppatch/gardening.htm Packet Page 214 of 231 Home Subscriptions Produce Locations & Pick Up Farmers Recipes Support Us Subscribe Now Contact Us Welcome Seattle Market Gardens is a partnership between in-city farmers and consumers resulting in weekly deliveries of high-quality, farm-fresh, organic produce during the growing season. In 2009 Seattle Market Gardens provided produce for approximately 79 households over 22 weeks. It currently has two community supported agriculture (CSA) gardens located and farmed by residents in Southeast and Southwest Seattle. Seattle Market Gardens' mission is to help establish safe, healthy communities and economic opportunity through development of CSA enterprises in low-income neighborhoods. NEW in 2009 Seattle Market Gardens will offer weekly Farm Stand days from June through October at each of our two gardens. Keep an eye on this new development. How do you subscribe? You can subscribe now by filling out an application and sending it (see application for mailing address) — or if you need more information you can contact Michelle Jones, Seattle Market Gardens' Marketing Manager at michellej58@hotmail.com. Who runs Seattle Market Gardens? Seattle Market Gardens is a collaboration between the non-profit P-Patch Trust and the City of Seattle Department of Neighborhoods' P-Patch Community Gardening Program. Providing organic gardening space, the P-Patch Community gardening Program has 66 gardens with over 1900 plots and 4,000 gardeners. In 1995, P-Patch began collaboration with Seattle Housing Authority. Currently there are twelve community gardens within three mixed-income Seattle Housing Authority communities (Rainier Vista, High Point, and NewHolly), one low income community ( Yesler Terrace) and in the non- profit housing community Mt. Baker Village Apartments. The P-Patch Community Gardening Program works closely with the respective community councils and neighborhood groups to set priorities for garden development. P-Patch Trust markets produce subscriptions for the two Seattle Market Gardens, serves as the fiscal agent and provides financial support. Seattle Market Gardens 1http://seattlemarketgardens.org/ Packet Page 215 of 231 The Department of Neighborhoods provides staff to work with low-income communities to develop and manage the gardens. © Copyright 2009 Seattle Market Gardens, All Rights Reserved. Site by Cartwheel Creative Seattle Market Gardens 2http://seattlemarketgardens.org/ Packet Page 216 of 231 Garden space is at a premium in any city. In Seattle, residents are finding ways to use parking strip medians in creative ways. These residual spaces, typically planted up with grass and street trees, are gaining popularity as spaces for ornamental and veg- etable gardens. The City of Seattle encourages “beautification of planting strips,” and even publishes recommendations for maintaining safe vehicular sightlines. On a larger scale, Seattle has installed several Natural Drainage Systems in residential medians. These systems employ networks of weirs, swales, and plantings for the treat- ment, detention and infiltration of stormwater. Oftentimes, these projects also attempt to calm traffic and improve the pedestrian experience. Wallingford Parking Strip JLF Parking Strip Gardens Jocelyn Liang Freilinger Gardens Parking Strips 1 |ParkinG StriP GardenS Packet Page 217 of 231 Context Parking strip gardens have become an increasingly common feature of Seattle’s vernacular landscape. Instead of a strip of high-maintenance turf that gets abused by foot traffic, vehicular traffic and dogs, homeowners are reclaiming these small strips as gardens in their own right. These new gardens tend to fall into one of two categories. Ornamental gardens have emerged in as many styles as there are individuals caring for them. Some improve curb appeal by extending the entry sequence from street to threshold. Others are more naturalistic in appearance, providing a small patch of habitat and requiring less mainte- nance than traditional alternatives. The second category involves food production. Some homeowners find that their park- ing strips are just large enough to accommodate a several small fruit trees. Others build raised planting beds and grow everything from turnips to sunflowers to tomatoes. In “Residual Space Re-evaluated,” Daniel Winterbottom describes the findings of a survey conducted by his students in 1996. His class found that there was a public and social component to people’s decisions to plant up their parking medians. In addition to making use of this leftover space, residents enjoyed creating something that others could see and enjoy, and the resulting increase in interaction with neighbors and pass- ersby. Others have observed a domino effect that occurs. When one resident takes the initiative with their own parking strip, others are soon to follow, resulting in an increase in cooporation and interaction among neighbors. At the municipal scale, Seattle Public Utilities has experimented with developing some streetside right-of-ways into Natural Drainage Systems. These systems create an alter- native to traditional sewer and culvert systems, but providing a series of wiers that treat water sedimentation, detain water, and regulate inflitration rates. Carkeek Cascade and Viewlands Cascade, both on residential streets, capture up to 23 and 75 acres of stormwater runoff, respectively. “A couple of years ago I found myself altering my dog-walk route to pass by the one house whose garden overflowed out onto the parking strip . . .” -Valerie Easton 2 | ParkinG StriP GardenS Packet Page 218 of 231 essential elements Parking strip gardens have become commonplace enough and provide sufficient public benefit that the Seattle Department of Transportation (SDOT) has organized a Street- side Garden Contest for the past several years. Entries are based on: -effective use of color and foliage -seasonal interest and approprate height -quality of maintenance and plant health; good gardening parctices -uniqueness of design and personality -plant selection: drought tolerance, pest/disease resistance, absence of invasive species More officially, however, guidelines for planting strip improvements are outlined by SDOT’s Department of Urban Forestry. These outline requirements for sightlines and safety, as well as make provisions for street use permits. City name tag line (arial 18pt) Gardens Parking Strips Case: natural drainage Systems SPU’s innovative projects with SEA Streets and Cascades are successfully demon- strating alternative strategies to dealing with stormwater runoff. Traditional sewers and culverts move stormwater quickly, carrying surface pollutants into waterways at high speeds. By capturing runoff in SEA Streets and Natural Drainage Systems such as Carkeek Cascade (N.W. 110th Street) and Viewlands Cascade (N.W. 105th Street), sediment and other pollutants can be filtered out before water is detained and then slowly allowed to infiltrate. 3 | ParkinG StriP GardenS Packet Page 219 of 231 aquisition / implementation Mechanisms In majority of cases, parking strip gardens are located in a public right-of-way. Im- provement of these strips are usually the result of the initiative of an abutting property owner. It is SDOT’s policy to encourage these improvements. While SDOT does have a permitting process for landscape improvements to public right-of-ways, but in prac- tice, these “temporary” uses are often overlooked unless a complaint is registered or a vehicular sight line is obstructed (Winterbottom). Although right-of-way is not an issue in the case of the SEA Streets and Natural Drainage System projects, the scale of these projects is such that the committment of resources and the redevelopment of several blocks of residential street needs to occur with a certain degree of professional input and community consensus. resources “Curbside Gardens.” Home & Garden Television. http://hgtv.com/hgtv/cda/article_print/ 0,1983,HGTV_3566_2224953_ARTICLE-DETAIL-PRINT,00.html “Planting Strip Landscaping and Paving.” Seattle Department of Transportation. http:// www.seattle.gov/transportation/plantingstrip.htm “SDOT - Tour Seattle’s 2004 Streetside Garden Contest Sites!” http://www.ci.seattle.wa.us/transportation/streetsidedevote04.htm “Stormwater Facilities Project List.” www.gaynorinc.com “Street Edge Alternatives Project.” Seattle Public Utilities. http://www.ci.seattle.wa.us/ util/About_SPU/Drainage_&_Sewer_System/Natural_Drainage_Systems/Street_Edge_ Alternatives/index.asp Winterbottom, Daniel. “Residual Space Re-evaluated.” Places, 13:3, pp. 40-47. 4 | ParkinG StriP GardenS Packet Page 220 of 231 AM-3047 2.A. 2009 Annual Budget Review City Council Committee Meetings Date:05/11/2010 Submitted By:Jana Spellman Submitted For:Council President Bernheim Time:15 Minutes Department:City Council Type:Information Committee:Finance Information Subject Title 2009 Annual Budget Review. Recommendation from Mayor and Staff Previous Council Action Narrative President Bernheim scheduled this in case the Council has any information regarding the 2009 budget to review. So far, the Council has not received any reports regarding the 2009 Budget. Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 05/06/2010 08:55 AM APRV 2 Mayor Gary Haakenson 05/06/2010 09:00 AM APRV 3 Final Approval Sandy Chase 05/06/2010 09:04 AM APRV Form Started By: Jana Spellman Started On: 05/04/2010 02:00 PM Final Approval Date: 05/06/2010 Packet Page 221 of 231 AM-3048 2.B. Discussion and Potential Action Regarding Levy City Council Committee Meetings Date:05/11/2010 Submitted By:Jana Spellman Submitted For:Council President Bernheim Time:30 Minutes Department:City Council Type:Action Committee:Finance Information Subject Title Discussion and potential action regarding levy. Recommendation from Mayor and Staff Previous Council Action Narrative President Bernheim scheduled this in case the Council requires further investigation or information regarding a 2010 levy proposal. So far, the Council has not provided further guidance regarding a levy in 2010. Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 05/06/2010 08:56 AM APRV 2 Mayor Gary Haakenson 05/06/2010 09:00 AM APRV 3 Final Approval Sandy Chase 05/06/2010 09:04 AM APRV Form Started By: Jana Spellman Started On: 05/04/2010 02:02 PM Final Approval Date: 05/06/2010 Packet Page 222 of 231 AM-3062 2.C. Revision to City's Leakage Adjustment Policy City Council Committee Meetings Date:05/11/2010 Submitted By:Lorenzo Hines Time:5 Minutes Department:Finance Type:Action Committee:Finance Information Subject Title Revision to City's Water Leakage Policy. Recommendation from Mayor and Staff Approve and forward to consent calendar. Previous Council Action Previous policy was adopted in May, 1986. Narrative Current City Leakage Policy was adopted in May 1986. This revision continues the overall policy, however it clarifies and narrows the qualifications and disposition of the adjustments. Fiscal Impact Attachments Link: Revised City Leakage Policy Link: Current Leakeage Policy Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Sandy Chase 05/07/2010 10:05 AM APRV 2 Mayor Gary Haakenson 05/07/2010 10:39 AM APRV 3 Final Approval Sandy Chase 05/07/2010 10:56 AM APRV Form Started By: Lorenzo Hines Started On: 05/07/2010 09:57 AM Final Approval Date: 05/07/2010 Packet Page 223 of 231 City of Edmonds  Finance and Information Systems CITY OF EDMONDS LEAKAGE ADJUSTMENT POLICY (Revised 05/2010) 1. To qualify for a leakage adjustment the: a) Customer must satisfactorily demonstrate a leakage was undetected and caused by unusual circumstances beyond the customer's control; and b) Must take action to repair a leakage within thirty 30 days of when the customer discovers or is notified of a leakage; and c) Complete and submit a City application form within 30 days of the repair accompanied by a copy of the finalized water service line permit to the City Finance Department, Edmonds City Hall, 121 5th Avenue North, Edmonds, WA 98020. If the repair is exempt from permit, per Edmonds Community Development Code Chapter 19.20, then only proof of repair is required. 2. Only one leakage adjustment will be granted in any three year period; and will be limited to the equivalent of three billing cycles. Adjustments will not be granted for internal (within the residential or commercial structure) plumbing leakages. 3. Adjustments exceeding $500 require approval by the Finance Director. 4. A leakage adjustment credit shall be determined as follows: a. The average consumption for the same period during the previous three years, charged at the City’s retail rate, plus the excess water loss from the leakage charged at the City’s wholesale rate. An additional 15% administrative cost is applied to the excess loss only. b. If the adjustment is for a commercial account that is billed for sewer service based on water consumption, the City will also adjust the sewer portion based on the same calculations less administrative costs. Lorenzo Hines Jr., Director, Finance and Administrative Services CITY OF EDMONDS GARY HAAKENSON CITY HALL FIRST FLOOR MAYOR EDMONDS, WA 98020 (425)771-0240 FAX (425)771-0265 LORENZO HINES JR. DIRECTOR FINANCE AND INFORMATION SYSTEMS DEPARTMENT Packet Page 224 of 231 Packet Page 225 of 231 AM-3057 3.A. Title 19.25 Revisions (adopting update IFC) City Council Committee Meetings Date:05/11/2010 Submitted By:Sandy Chase Time:30 Minutes Department:City Clerk's Office Type:Action Committee:Public Safety , Community/Development Services Information Subject Title Title 19.25 revisions (adopting updated International Fire Code) and Title 19.65 Marina Code. Note: This item will be discussed in conjunction with the Community Services/Development Services Committee. Note: This item will be discussed in conjunction with the Community Services/Development Services Committee. Recommendation from Mayor and Staff Previous Council Action Narrative This agenda item will be presented to both the Public Safety Committee and the Community Services / Development Services Committee at the same time. An Agenda Memo with attachments was prepared for the Community Services/Development Services Committee; please refer to Agenda Item 1.A. Fiscal Impact Attachments No file(s) attached. Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Linda Hynd 05/06/2010 02:43 PM APRV 2 Mayor Gary Haakenson 05/06/2010 02:57 PM APRV 3 Final Approval Linda Hynd 05/06/2010 04:02 PM APRV Form Started By: Sandy Chase Started On: 05/06/2010 01:20 PM Final Approval Date: 05/06/2010 Packet Page 226 of 231 AM-3053 3.B. Residential Sprinkler Requirements City Council Committee Meetings Date:05/11/2010 Submitted By:John Westfall Time:20 Minutes Department:Fire Type:Action Committee:Public Safety Information Subject Title Residential sprinkler requirements. Recommendation from Mayor and Staff Staff recommends options for residential sprinklers requirement in Edmonds. Previous Council Action During PS Committee on April 13, 2010, FM Westfall presented discussion item for residential sprinkler option provided by 2009 edition of International Residential Code: Appendix S. PS Committee facilitated discussion with builders present in a public forum. PS committee directed staff to continue discussion with builders and return next PS Committee (May) with additional information regarding residential sprinkler systems. Narrative Continuing discussions identifies areas of concern for local stakeholders in a residential fire sprinkler systems requirement. Builders, water districts, industry professionals, development services and public safety personnel provided input during 4/29 meeting. Minutes from meeting are attached. FM Westfall will present options adressing inputs that will balance community needs and public safety. Fiscal Impact Attachments Link: RFSS stakeholder agenda Link: RFSS stakeholder minutes Form Routing/Status Route Seq Inbox Approved By Date Status 1 City Clerk Linda Hynd 05/06/2010 01:04 PM APRV 2 Mayor Gary Haakenson 05/06/2010 01:21 PM APRV 3 Final Approval Linda Hynd 05/06/2010 02:43 PM APRV Form Started By: John Westfall Started On: 05/05/2010 11:12 PM Packet Page 227 of 231 Final Approval Date: 05/06/2010 Packet Page 228 of 231 Residential Sprinklers April 29, 2010 2 p.m. Introductions Overview-FM Westfall Perspectives: Life Safety/Resource Utilization Construction Design Supply Participant Input & responses Reference: Barriers to Voluntary Private RFSS (SHB 2575) 1. Lack of Education 2. Lack of Preferred Design and Installation Details and Guidelines 3. Cost and Cost Recovery of voluntary installation 4. Costs for permits and inspections 5. Increased cost of hook-up fees in form of standby system development charges 6. Shut off issues 7. Water Use efficiency Rule Credit for use of larger meters. Where from here? Close Packet Page 229 of 231 Residential Sprinkler Discussion April 29, 2010 Fire met with local builders, building, industry, and water district stakeholders to continue residential fire sprinkler discussion. Discussion continued from 4/13 PS Committee and was directed by Committee Chair Wilson in effort to find common grounds. Present: Fire Marshal John Westfall Sigva Helleren, builder Eric Thuesen, builder Leonard Yarberry, BO Leif Bjorback, Assist. BO Ken Robinson, Robinson Plumbing Jim Thomas, Mukilteo FM Rob Michel, builder Roger Eberhart, Oly View Water Mgr. Tony Shapiro, architect Fire Inspector Mike Smith John provided overview and intent to discuss stakeholder concerns around the subject of residential sprinklers, in light specifically recent national mandate for installation in newly constructed single family, two-family, and townhomes constructed under the International Residential Code (IRC). All disciplines of stakeholders: City fire, building,and water regulators, and construction and design professionals were present. Nationally, the IRC mandates residential sprinklers. The state has passed the mandate through to local communities to make the decision. Appendix R provides a standard for construction and Appendix S provides for where a sprinkler will be required to be installed in an IRC project. Commercial fire protection systems (NFPA 13 standard) are fully property protection systems, where multi-residential (13R) and single-residential (13D) are designed and economized for life safety intent. One unintended benefit of the life safety system is that will serve to extinguish fires originating in living spaces as well as any commercial system. Property preservation is the unintended consequence of fire sprinkler installation where structural losses annually in Edmonds vary from $500,000 to over $1 million. Edmonds has experienced only 1 fatal fire since 2000 in single-family residences that did not have smoke alarms either. Fire resources are spared when fewer fire engines and firefighters are required to address a smaller fire. Smoke alarms and fire sprinklers can work together to alert the residents early and extinguish the fire where it burns, keeping further losses contained until the fire department arrives. Tony said having smoke alarms provides the requisite alerting needs and asked why the numbers are that small for saves. Smoke alarms are still not installed in every dwelling and can fail due to missing batteries that is a continuing safety and education program conducted at Fire District 1. Tony asked for statistics regarding smoke detectors vs. fire fatalities*. Eric believes if sprinklers are as important to life safety than why wouldn’t new AND existing homes be targeted for installation. The expense of the systems are prohibitive and no financial incentives exists for installation. Smoke detection education and enforcement programs should be used to make dwellings safe for residents. Insurance incentives were discussed. Ken designs and installs NFPA 13D systems and also is a Backflow Assembly Tester (BATS). An agent called him to verify the installation of a dwelling sprinkler system and was willing to provide 30% savings on the premium. Packet Page 230 of 231 Costs of sprinkler include design/installation, permits/inspections, an upsized water connection, and continuing rates/maintenance. Permits costs vary depending upon the project bid but will run around 10% of project expense. Ken can install a system for $1.25 to $1.50 (excluding water connection) in the Edmonds area. A 1” meter is the minimum and can increase to 1½ “ in few projects. He will design to suit the owner when requesting flow-through (multi-purpose) type systems that can eliminate the need for a backflow assembly rather than design a separate connection for a dedicated, or standalone system. For a 2000 s.f. home the cost of system would be $3500 plus permits (approx. $350) plus upsized (1.5”) water connection (Oly View $660) for grand total of $4510. Eric said this will use most of the current federal tax incentive for homebuyers. Currently, Olympic View Water District maintains a base facility charge per dwelling unit so capacity increases for the purposes of fire or lawn sprinkler, for instance, in a dwelling remains the same as without. Only the larger meter connection accounts for the $660 difference in the upsize. Edmonds Water costs increase both for connections and facility charges. The varying philosophies of water district fee development accounts for the large differences in overall dwelling sprinkler costs not only across the state but even water district borders. Continuing maintenance also includes the expense of BATS testing and maintenance required by the state and collected annually from the water quality divisions. According to Ken, these costs can be from $45 to $85 depending upon number of devices at a property requiring test. BATS testing is intended to preserve public health by verifying viable cross connections and those that are leaking/failing. Discussion of the value of a human life. Sigva would like to continue to see individual appraisal of structures by Building and Fire Services to sprinkler when necessary within current guidelines. Features to evaluate are size of structure and availability of public water in hydrants. In multiple units, sprinklers are desirable in the fact that a family can be victim to their neighbor’s fires. Rob has customers that do not like the looks of sprinklers even the concealed head installations. His customers are often of the impression all sprinklers open up in a fire when only the sprinkler closes to the fire actuates. Tony offered the cost of a sprinkler is not viewed as a currently marketable feature. Close at 3:20 p.m. *According to April 2007 Report “U.S. Experience with Smoke Alarms and other Fire Detection/Alarm Equipment” by Marty Ahrens, 65% of the reported residential home fire deaths occurred in homes where no smoke alarm was present (43%) or did not operate (22%). Of the 35% fire fatalities that occurred when a smoke alarm was present and operated, it was reported that 66% of the non-confined home structure fires occurred ( http://www.nfpa.org/assets/files//PDF/Research/SmokeAlarmFactSheet.pdf ). Also, attached is 2009 Fire in Washington excerpt from State Fire Marshal annual report which shows that 47 of the 59 fire fatalities in 2009 still occurred where alarms or detectors were 62% present. Packet Page 231 of 231