2024-02-06 Council Packet2
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Agenda
Edmonds City Council
REGULAR MEETING
COUNCIL CHAMBERS
250 5TH AVE NORTH, EDMONDS, WA 98020
FEBRUARY 6, 2024, 7:00 PM
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"WE ACKNOWLEDGE THE ORIGINAL INHABITANTS OF THIS PLACE, THE SDOHOBSH (SNOHOMISH)
PEOPLE AND THEIR SUCCESSORS THE TULALIP TRIBES, WHO SINCE TIME IMMEMORIAL HAVE
HUNTED, FISHED, GATHERED, AND TAKEN CARE OF THESE LANDS. WE RESPECT THEIR
SOVEREIGNTY, THEIR RIGHT TO SELF-DETERMINATION, AND WE HONOR THEIR SACRED SPIRITUAL
CONNECTION WITH THE LAND AND WATER. - CITY COUNCIL LAND ACKNOWLEDGMENT
CALL TO ORDER/FLAG SALUTE
LAND ACKNOWLEDGEMENT
3. ROLL CALL
4
5.
6
PRESENTATIONS
Lunar New Year Edmonds Proclamation (5 min)
Hearing Examiner Annual Report (10 min)
Mike Bailey Financial Recovery Project Presentation (30 min)
APPROVAL OF THE AGENDA
AUDIENCE COMMENTS
Edmonds City Council Agenda
February 6, 2024
Page 1
THIS IS AN OPPORTUNITY TO COMMENT REGARDING ANY MATTER NOT LISTED ON THE
AGENDA AS CLOSED RECORD REVIEW OR AS A PUBLIC HEARING. SPEAKERS ARE LIMITED TO
THREE MINUTES. PLEASE STATE CLEARLY YOUR NAME AND CITY OF RESIDENCE.
7. RECEIVED FOR FILING
1. Written Public Comments (0 min)
8. APPROVAL OF THE CONSENT AGENDA
1. Approval of Special Meeting/Audit Exit Minutes January 11, 2024
2. Approval of Regular Meeting Minutes January 23, 2024
3. Ordinance Creating a Summer Recess to Council's Regular Meeting Schedule
4. Council Confirmation of Tree Board Appointments
9. COUNCIL BUSINESS
1. Title 19 Building and Fire Codes (30 min)
2. Critical Aquifer Recharge Area Code Amendment (30 min)
10. MAYOR'S COMMENTS
11. COUNCIL COMMENTS
ADJOURNMENT 10:00 PM
Edmonds City Council Agenda
February 6, 2024
Page 2
4.1
City Council Agenda Item
Meeting Date: 02/6/2024
Lunar New Year Edmonds Proclamation
Staff Lead: Carolyn LaFave
Department: Mayor's Office
Preparer: Carolyn LaFave
Background/History
Staff Recommendation
Narrative
Mayor Rosen will read a proclamation in honor of Lunar New Year Edmonds which will be celebrated on
Saturday, February 10th. Members of the Multicultural Edmonds Association will be on -hand to accept
the proclamation and provide information on planned events for the celebration.
Attachments:
LNYE2024
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OPrVIrlamattlor"
City of Edmonds •Office of the Mayor
LUNAR NEW YEAR EDMONDS 2024
WHEREAS; The City of Edmonds is proud to be home to residents and
businesses from a wide variety of cultures around the world, we
value that diversity as a source of strength; and
WHEREAS; The City of Edmonds recognizes and celebrates the diversity of Asian
Americans in our community and their valuable contributions to the
economic, cultural, and artistic vitality of our city; and
WHEREAS; Lunar New Year is celebrated by Asian cultures around the world and
encompasses a wide variety of traditions and celebrations; and
WHEREAS; Inclusion and representation in city recognized events and
celebrations are vitally important so that ALL members of our
community can feel accepted and connected in their city; and
WHEREAS; Lunar New Year Edmonds is now recognized by the City of Edmonds
as an annual celebration;
NOW, THEREFORE, I, Mike Rosen, Mayor of the City of Edmonds, hereby proclaim
February 101", 2024 as the date of the City's Lunar New Year celebration for the
Year of the Wood Dragon.
ike Rosen, Mayor
Packet Pg. 4
4.2
City Council Agenda Item
Meeting Date: 02/6/2024
Hearing Examiner Annual Report
Staff Lead: Mike Clugston
Department: Planning Division
Preparer: Michael Clugston
Background/History
The City uses a hearing examiner to review and make quasi-judicial decisions on 1) Type III -A and III-B
land use applications and 2) appeals of Type II -A and II-B land use applications, as identified in ECDC
Table 20.01.003(B). Per ECC 10.35.010(G), "every year during the first quarter, the hearing examiner
shall prepare and present an oral and written report to the city council outlining the actions of the
hearing examiner during the preceding calendar year," the purpose of which is "to enable the city
council and the hearing examiner to coordinate land use policy and philosophy."
Narrative
Hearing Examiner Phil Olbrechts will present his annual report for the period since the last report was
issued in March 2023.
Attachments:
2023 Hearing Examiner Annual Report
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4.2.a
MEMORANDUM
DATE: January 30, 2024
TO: Edmonds City Council
FROM: Phil A. Olbrechts — Hearing Examiner
RE: 2023 Annual Report
SUMMARY: Six hearing examiner decisions have been issued since the last annual report to
the City Council issued in March, 2023. A couple of those projects drew some neighborhood
concern and questions. The most controversial project of the two involved the conversion of
duplexes into individually owned townhome live/work units in the BD district. Each decision is
addressed in reverse chronological order below:
Brackett Court Townhomes Unit Lot Subdivision (1/4/24): Approved unit lot subdivision,
converting five duplex townhome buildings into fee simple lots at 23220 Edmonds Way.
Conversion didn't change anything except ownership. The buildings were originally approved
by the Architectural Design Board. The project drew no public comment.
Edmonds Cooperative Preschool Conditional Use (12/13/23): Approved conditional use
permit to operate a preschool in a portion of the existing Edmonds Presbyterian Church located
at 22600 96th Avenue West. Two members of the public testified in support of the project,
including an adjoining neighbor. No exterior modifications were proposed.
Greenwalk Park Planned Residential Development. (11/27/23): Approved planned
residential development at 540 and 550 Edmonds Way into 16-single family lots. The project
drew some concern and questions regarding tree impacts, stormwater, traffic, construction noise
and aesthetics. All of those concerns were individually addressed in the decision. As detailed in
the decision, the City Council has adopted development standards that address all of the issues of
neighborhood concern.
NOVA Family Resource and Childcare Center Conditional Use (9/7/23): Approved
conditional use permit and joint parking agreement to operate a daycare center in a portion of an
existing building at 21010 76th Ave W. There was a public comment letter expressing concern
over their perception that the joint use lot proposed for the clinic was already full. Applicant and
staff testified that the joint use lot was observed to have sufficient capacity and met City parking
standards.
Pine Park Townhomes Preliminary Plat (8/10/23): Approved preliminary plat, converting
three townhome buildings into 14 townhome lots composed of live/work units. Conversion
didn't change anything except ownership. The buildings were originally approved by the
Architectural Design Board. The project drew considerable public opposition. Neighbors
misunderstood the City Council's prior rejection of unit lot plats in the BD district as a rejection
of townhome development. Unit lot subdivisions enable townhome development by authorizing
Packet Pg. 6
4.2.a
Examiner Annual Report - 2
zero side yard setbacks between units. However, most parts of the BD district don't impose side
yard setbacks so the unit lot subdivision process is not necessary to facilitate townhome
development, i.e. the City's zoning code enables townhome development in the BD district
without needing to use the unit lot review process. As with Brackett Court, Pine Park left little
room for additional mitigation because the ADB had approved the original building design.
Since the ADB had been tasked with assessing compliance with zoning code requirements, there
was little left to address in the preliminary plat review process.
Appeal of Notice of Notice of Violation — Street Tree Cutting (7/6/23) Denied appeal of
Notice of Violation for unauthorized street tree cutting; upheld fine and corrective action.
Defendant admitted to topping four street trees in front of his business at 155 3rd Ave S. The
defendant did so without prior City approval in September 2020. By the time of the appeal
hearing the trees had regrown a substantial amount. However, the City's tree arborist testified
that the trees had been topped incorrectly. Because of this, she found that the trees were no
longer structurally sound and would grow out of balance in an unaesthetic manner. The
defendant's arborist testified in writing that he found the trees to be as healthy as they would be
if they were crowned later when they approached overhead wiring. The defendant's arborist
report did not assert that the defendant's topping method conformed to professional arborist
cutting practices, Ms. Dill testified it did not.
Packet Pg. 7
4.3
City Council Agenda Item
Meeting Date: 02/6/2024
Mike Bailey Financial Recovery Project Presentation
Staff Lead: Carolyn LaFave
Department: Mayor's Office
Preparer: Carolyn LaFave
Background/history
The city council declared a fiscal emergency in October of 2023 as a result of the continuing decline in
the fund balance within the city's General Fund. Following several discussions and meetings the
Edmonds City Council adopted the 2024 budget using significant one-time resources. Future budgets will
need to make adjustments in either revenues, expenditures or both in order to return to long-term fiscal
stability.
Staff Recommendation
Narrative
Mayor Rosen has identified this concern as one of the city's top priorities for this year. In an effort to
improve the transparency of the city's effort to understand what led to this problem, and what options
the city has to resolve it, the mayor established a "blue-ribbon panel" of financial experts. In addition,
the mayor has contracted with Mike Bailey who has worked with the city in the past and has experience
in assisting cities with similar concerns.
In this presentation, Mr. Bailey will reintroduce himself to the council and community, describe the
current situation briefly and review the approach to be taken by the blue-ribbon panel in their work to
advise the mayor and council. Mr. Bailey will leave time for questions and discussion with the Council.
Attachments:
Council Presentation 2 6 24 revl
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4.3.a
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Deterioration in fund balance over past two+ years
Declaration of a fiscal emergency
Significant use of one-time funds to balance budget
Systemic concerns with costs and revenues trajectory
Many "easy"' remedies already in use
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4.3.a
GbGFOA's Process for Recovery from Financial Distress GD
Stages
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Bridging
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Recovery Leadership
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Manage Recovery Program
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4.3.a
;?ecovery Process UvprviF
Bridge Reform Transform
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Bridging
Recognize / mobilize
Survive / Stabilize
Diagnose (confirm the nature of the problems)
Apply retrenchment tactics
Develop Recovery program
Packet Pg. 13
4.3.a
;?ecovery Process UvprviF
Bridge Reform Transform
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Reforming
Execute recovery plan
Monitor, manage, adjust
Develop long-term strategies
Begin implementation of strategy
Develop long term financial plan
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Packet Pg. 14
4.3.a
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Policy $ Cnvironment Context
Do policies define acceptable levels
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Are there changes in demand?
Is there willingness to consider lower
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Mandate Test
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Government Role Test
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Can the program be more sell`
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Saonsorshim? Fund raising?
Outsourcing Test
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outsourcing' Task can be specified In
advance? Disappotntrng contractors
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Yes
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• Analysis of current situation
• Analysis of options Packet Pg. 15
• Recommendation
4.3.a
;?ecovery Pre
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Reform
Transform
Transforming
Institutionalize long term financial planning
From once a year or occasionally to a way of life
Explore new methods to deliver service
Become financially resilient
Budgeting for Outcomes
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4.3.a
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Mayor appointed
Community based with fiscal expertise
Will use the GFOA Fiscal First Aid to develop
recommendations
First meeting was January Zg
Reporting out periodically via mayor
Anticipate report prior to work on next budget
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4.3.a
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No amendments to General Fund budget yet
Scrutiny of any large purchases (>si,000) prior to
commitment by mayor's office
Developing detailed cash -flow
Revising monthly report for council & public
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4.3.a
Dupstle
Questions and Discussion
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7.1
City Council Agenda Item
Meeting Date: 02/6/2024
Written Public Comments
Staff Lead: City Council
Department: City Council
Preparer: Beckie Peterson
Background/History
N/A
Staff Recommendation
Acknowledge receipt of written public comments.
Narrative
Public comments submitted to the web form for public comments
<https://www.edmondswa.gov/publiccomment>
between January 18, 2024 and January 29, 2024.
Attachments:
Public Comment February 6, 2024
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7.1.a
Edmonds City Council Public Comments — February 6, 2024
Online Form 2024-01-22 12:26 PM(MST) was submitted by Guest on 1/22/2024 2:26:46 PM (GMT-
07:00) US/Arizona
FirstName marjorie
LastName Fields
Email
CityOfResidence Edmonds
AgendaTopic Arts Corridor
Comments I know that a lot of work has gone into this project and the city has received some grant
money, but I want to go on record as opposed to the concept. Not only is this a non -essential project
that our city cannot afford, I believe it will damage rather than enhance the area. Fourth Ave. North is a
sweet historic neighborhood. The proposed changes would destroy that ambiance and no doubt
infuriate residents. I hope you will stop spending time and money on this project. Marjie Fields
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8.1
City Council Agenda Item
Meeting Date: 02/6/2024
Approval of Special Meeting/Audit Exit Minutes January 11, 2024
Staff Lead: Council
Department: City Clerk's Office
Preparer: Scott Passey
Background/History
N/A
Recommendation
Approval of Council Meeting minutes as part of the Consent Agenda.
Narrative
Council meeting minutes are attached.
Attachments:
2024-01-11 Council Special Meeting Audit Exit
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8.1.a
EDMONDS CITY COUNCIL
SPECIAL MEETING — AUDIT EXIT CONFERENCE
DRAFT MINUTES
January 11, 2024
ELECTED OFFICIALS PRESENT
Mike Rosen, Mayor
Vivian Olson, Council President
Chris Eck, Councilmember
Will Chen, Councilmember
Michelle Dotsch, Councilmember
Jenna Nand, Councilmember
ELECTED OFFICIALS ABSENT
Susan Paine, Councilmember
Neil Tibbott, Councilmember
1. CALL TO ORDER
STAFF PRESENT
Dave Turley, Administrative Services Director
Nicholas Falk, Deputy Clerk
The Edmonds City Council meeting was called to order at 1:07 p.m. by Administrative Services Director
Turley virtually and in the City Council Conference Room, 121 — 5th Avenue North, Edmonds.
2. STATE AUDITOR'S REPORT
1. 2022 CITY OF EDMONDS AUDIT EXIT REPORT — STATE AUDITOR'S OFFICE
Kristina Baylor, Program Manager; Wendy Choy, Assistant Director of Local Audit; Maggie Wallis, Audit
Supervisor; Mayor Rosen; Council President Olson; and Councilmembers Chen, Nand, and Dotsch and Mr.
Turley introduced themselves.
Ms. Baylor advised the purpose of today's meeting is to share the draft results of the City of Edmonds 2022
Audit Exit Report and to answer questions before the results become final and the report is shared on the
Auditor's website. The end goal is to ensure the results understood and the City has the necessary
information to move forward.
Ms. Baylor reviewed:
• Results that Matter
o Audit Goals
■ Increased trust in government
■ Independent, transparent examinations
■ Improved efficiency and effectiveness of government
Ms. Wallis reviewed:
Accountability Audit Results - January 1, 2022 through December 31, 2022
Edmonds City Council Draft Minutes
January 11, 2024
Page 1
Packet Pg. 23
8.1.a
Results in Brief
o In those select areas, City operations complied, in all material respects with applicable state
laws, regulations and its own policies, and provided adequate controls over the safeguarding of
public resources.
o However, we noted certain matters related to payroll that we communicated to City
management and the mayor and city council in a letter dated January 11, 2024.
o In keeping with general auditing practices, we do not examine every transaction, activity,
policy, internal control or area. As a result, no information is provided on the areas that were
not examined.
o Using a risk -based audit approach, for the City, we examined the following areas during the
period:
■ Accounts payable - general disbursements, credit cards, and electronic fund transfer
■ Payroll - leave accrual and usage
■ Contract compliance - use of American Rescue Plan Act (ARPA) funds
■ Open public meetings and executive session requirements
■ Financial condition - reviewing for indications of financial distress
Payroll - management letter (Management letters are not included in audit reports but are
referenced. While it is a public document, it won't be published on the Auditor's website.)
o Payroll testing focused on leave accrual and usage for the police department and department
directors
o No issues were found with testing of police department, but issues were found with directors'
timesheets and leave usage
■ Three department directors and the payroll accountant's leave request were selected for
review were selected. Based on testing, the following exceptions were noted:
- Unable to obtain 8 timesheets for one employee. During this time the employee was
on family medical leave and paid 70 regular hours. Unable to determine if the regular
hours were valid as there were no approved timesheets for the period the hours were
claimed.
- Six timesheets were not in agreement with leave usage reports for two employees. We
were unable to confirm whether 38 hours of leave should have been deducted from the
leave balance.
o We recommend the City ensure:
■ All employees complete and certify timesheets for each pay period
■ Timesheets are reviewed and approved and that leave recorded on the timesheets matches
what is deducted from the leave usage system.
■ Review leave usage variances identified during the audit and take corrective action to
ensure leave balances are adjusted as needed.
o The SAO will follow up on this management letter as part of the next audit.
Councilmember Chen asked if any overtime was selected for examination. Ms. Wallis answered their
testing was focused on leave usage and accrual during this audit period. Councilmember Chen commented
the police department is short staffed and has a significant amount of overtime.
Ms. Wallis continued her review:
Financial Condition & Sustainability
o We evaluated the City's financial health as of 12/31/2022 and noted no warning indicators to
bring to the City's attention.
Fund Balance Policy Compliance
o The City adopted a fund balance policy effective July 2019 that established a General Fund
Operating Reserve and Contingent Reserve Fund
o Our audit found the City met reserve requirements as of December 2022.
Edmonds City Council Draft Minutes
January 11, 2024
Page 2
Packet Pg. 24
8.1.a
o We also reviewed monthly activity in 2023 and on a monthly level, there were some instances
where it did not appear the reserve requirements were met, however, the City's policy is unclear
at what point in time reserve amounts need to be met, annually or monthly, and at what point
council approval is needed for the use of reserve funds.
o Recommendation: City consider clarifying at what point in time these benchmarks need to be
met so staff can monitor and ensure compliance with the policy
Accounts payable and contract compliance
o Internal controls
■ Our audit found the City has adequate controls for the areas selected for review, including
general disbursements, purchase cards and EFT/wires.
o Accounts Payable
■ General disbursements, purchase cards and EFT/wires tested were for an allowable
business purpose, approved and supported.
■ The City has not made any payments for the damaged guardrail and at the time of our audit
there is no written contract to do so (Citizen Hotline Referral)
o Contract Compliance
■ We determined the decision to reallocate ARPA funds from job retraining to the Edmonds
School District authorized in Ordinance 4310 was allowable per the federal guidelines for
ARPA funding. (Citizen Hotline Referral)
Irina Frolova, Audit Lead, reviewed:
Financial Audit Results - January 1, 2022 through December 31, 2022
• Unmodified Clean Opinion Issued
o Opinion issued in accordance with U.S. GAAP
o Audit conducted in accordance with Government Auditing Standards
• Internal Control and Compliance over Financial Reporting
o We reported significant deficiencies in internal control related to the Edmonds PFD
o We identified no deficiencies that we consider to be material weaknesses
o We noted no instances of noncompliance that were material to the financial statements of the
City
• Financial Reporting — Finding
o The Edmonds Public Facilities District, a component unit of the City of Edmonds, did not have
adequate internal controls ensuring accurate reporting of its financial statements. The mimics
a finding issued to the PFD. This issue has since been corrected.
Councilmember Nand relayed the City receives an annual report from the PFD. She asked if there was
anything the council could do to assist them with adopting adequate internal controls or did it require the
City's finance department to work with the PFD's accountants. Ms. Baylor answered the PFD has its own
finance department that is responsible for preparing and filing their own financial statements independent
of the City. The City participates in PFD board meetings and assists wherever possible. She encouraged the
council to further that communication with the PFD and remain involved, but ultimately it is separate from
the City's process and the PFD is responsible for establishing its own controls.
Council President Olson recalled receiving email regarding this topic prior to this meeting and wanted to
ensure the council was aware this has been corrected and the audit team is satisfied with what the PFD is
doing now. Ms. Baylor agreed the PFD corrected their financial statement which allowed the Auditor to
issue an unmodified or clean opinion on their statements as well. She referred to the audit reports, explained
whenever there is an audit finding, there is a response from the audited entity.
Ms. Frolova continued:
• Financial Audit Results
Edmonds City Council Draft Minutes
January 11, 2024
Page 3
Packet Pg. 25
8.1.a
o Required Communications
■ We did not identify any material misstatements during the audit.
■ No uncorrected misstatement have been identified.
• The audit addressed the following risks, which required special consideration:
o Management override of controls
■ We did not find any instances where the controls were overridden.
Ms. Baylor reviewed:
Federal Grant Compliance Audit Results - January 1, 2022 through December 31, 2022
• Triggered any time the City expends over $750,000 in federal grant funds during the fiscal year.
Purpose of audit is to ensure City complied with requirements for receiving federal funding
• Unmodified opinion issued - City complied in all material respects
o Opinion issued on the City's compliance with requirements applicable to its major programs
o Audit conducted in accordance with Government Auditing Standards and the Uniform
Guidance
• Internal Control and Compliance over Major Programs
o We identified no significant deficiencies in internal control
o We identified no deficiencies that we consider to be material weaknesses
o We noted instances of noncompliance that are required to be reported
• Major Programs Selected for Audit
ALN
Program or Cluster Title
Total Amount
Expended
21.027
COVID-19 CORONAVIRUS STATE AND LOCAL
$1,371,952*
FISCAL RECOVERY FUNDS
*These costs amount to approximately 69% of the total federal expenditures for 2022
o Purpose of program was to provide relief for impacts of Covid-19 pandemic; there were a
number of ways cities could utilize funding. We looked at grants to ensure the City complied
with all major requirements of the programs.
o Federal guidelines require the audit to test for six requirements.
o Five of the six, no significant recommendations.
o One area is reported as a management letter item
■ Subrecipient Monitoring - Management Letter (Management letters are not included in the
audit report or on the website, but are public documents available for public inspection)
- Of the $1.3 million the City expended in 2022, over $900,000 was passed onto
subrecipients
- As part of passing funds to subrecipients, the City is required to conduct monitoring
activities to ensure the subrecipients spend funds on allowable activities, are aware of
all the requirements they must adhere to, and ongoing compliance monitoring
conducted to ensure they stay in compliance.
- Three main elements auditors look for in subrecipient monitoring
1. Did the City communicate all the proper requirements to the subrecipient?
• Audit found the contracts appropriately included all the required elements that
need to be shared with the subrecipients
2. Did the City evaluate the risk of each subrecipient when deciding to make those
awards
Risk assessments made in 2021
3. Monitoring the subrecipients' use of funds
• Found the City has a process in place to review expenditures subrecipients
make and request for reimbursement. An additional set of requirements that
apply to subrecipient monitoring is not evident in the first year awards are
made.
Edmonds City Council Draft Minutes
January 11, 2024
Page 4
Packet Pg. 26
8.1.a
• The City made awards in 2021 and in the second year the City is required to
continue monitoring to ensure for subrecipients who are required to have a
federal audit, if any significant recommendations are made, the City must
conduct follow-up activities to ensure those are appropriately addressed.
• We found the audit monitoring was not conducted in 2022 for the awards made
in 2021
• Does not appear any of the subrecipients who received funding in 2021
exceeded the threshold.
• Recommend the City have a process to monitor subrecipients' use of funds to
ensure they obtain an audit if required and the City review the audit reports.
Councilmember Nand asked about the spend -down requirements for the remaining ARPA funds and the
timeline for that and if the auditors had any recommendations for additional controls and accountability
mechanisms as the City distributes those funds. Ms. Baylor answered there is an expiration date for
spending the ARPA funds; she will research and share that with the City. With regard to additional
recommendations, the requirements can be challenging and difficult, but they are all included in the federal
requirements. She encouraged the City to pay close attention to the grant requirements and seek clarification
from the grantor if needed. This does not apply to the City very often and was unique to 2022.
Councilmember Nand agreed there is a historic nature to the funds. Treasury updated its final note on uses
to liberalize it in hopes of having it spent down by the deadline.
Councilmember Chen asked if there were any compliance issues with the recipient of the ARPA funds from
the subrecipient. Ms. Baylor responded the audit is conducted solely on the City's responsibility to monitor
the subrecipients and does not consider who the subrecipients provided the funds to. Mr. Turley advised
the subrecipients would likely receive their own audit which would address that.
Ms. Baylor continued:
Summary Schedule of Prior Audit Findings
o Prior Audit Findings 2021-001: The City did not have adequate internal controls ensuring
accurate reporting of grant funds received in advance and the elimination of interfund
reimbursements in their financial statements
■ Status of City's corrective action taken: fully corrected
o Prior Audit Finding 2021-002: The City's internal controls inadequate for ensuring compliance
with federal requirements for allowable costs, suspension and debarment, and subrecipient
monitoring:
■ Status of City's corrective action taken: fully corrected
Closing remarks
o Audit costs are in alignment with our original estimate
o Next audit: Summer 2024
■ Accountability for public resources
■ Financial statement
■ Federal programs
■ An estimated cost for the next audit has been provided in the exit packet
Report publication
o Audit reports are published on our website on January 18, 2024
o Sign up to be notified by email when audit reports are posted to the website:
bttps:Hsao.wa.gov/about-sao/sign-Lip-for-news-alerts
o Audit survey: When your audit report is released, you will receive an audit survey from us. We
value your opinions on our audit services and hope you provide feedback.
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8.1.a
Ms. Frolova relayed their thanks to Dave Turley, Administrative Services Director, and Kimberly
Dunscombe, Assistant Administrative Services Director, for their professionalism, timely responses and
effort put into the audit which helped them be efficient. She also extended their appreciation to Accountants
Debra Sharp, Sarah Mager and Marissa Cain for their assistance and collaborative attitude throughout the
audit.
Council President Olson expressed appreciation to the audit team and to the City's finance team for their
hard work and professionalism. She asked if the cost of the audit was included in the 2024 budget or will a
budget amendment be required. Mr. Turley answered it is included in the budget.
Councilmember Nand thanked the SAO team and the City's finance department. This has been a very
challenging year due to struggles with inflation and budget projections which she assumed the auditors saw
in other cities. She thanked the auditors for allowing the taxpayers to have full faith and integrity in their
governmental institutions during these challenging times.
Councilmember Dotsch referred to page 49, the Exit Recommendation, which states "We may review the
status of the following exit items in our next audit." She asked who determines whether the status of those
items is reviewed. Ms. Baylor answered that is a general statement for exit level recommendations. Exit
level items are considered housekeeping, minor items that come up during an audit that are shared with
management. Because they are not considered significant, the "may" wording is included as the auditor
may not follow up due to their minor nature. The general process is always to inquire of management
regarding corrective action taken, but whether they do detailed testing will depend on what other risks are
identified for inclusion in the next audit.
Mr. Turley thanked the SAO for the work they do. He has been working with the SAO for approximately
15 years and recently noticed the SAO's effort to have more continuity from year to year which has been
helpful. He thanked the audit team for their hard work and professionalism.
12. ADJOURNMENT
With no further business, the Council meeting was adjourned at 1:49 p.m.
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8.2
City Council Agenda Item
Meeting Date: 02/6/2024
Approval of Regular Meeting Minutes January 23, 2024
Staff Lead: Council
Department: City Clerk's Office
Preparer: Scott Passey
Background/History
N/A
Recommendation
Approval of Council Meeting minutes as part of the Consent Agenda.
Narrative
Council meeting minutes are attached.
Attachments:
2024-01-23 Council Minutes
Packet Pg. 29
8.2.a
EDMONDS CITY COUNCIL MEETING
DRAFT MINUTES
January 23, 2024
ELECTED OFFICIALS PRESENT
Mike Rosen, Mayor
Vivian Olson, Council President
Chris Eck, Councilmember
Will Chen, Councilmember
Neil Tibbott, Council President
Michelle Dotsch, Councilmember
Susan Paine, Councilmember
Jenna Nand, Councilmember
1. CALL TO ORDER/FLAG SALUTE
STAFF PRESENT
Susan McLaughlin, Planning & Dev. Dir.
Todd Tatum, Comm., Culture & Econ. Dev. Dir
Frances Chapin, Arts & Culture Mgr.
Mike De Lilla, Senior Utilities Engineer
Mike Clugston, Senior Planner
Jeff Taraday, City Attorney
Scott Passey, City Clerk
Jerrie Bevington, Camera Operator
The Edmonds City Council meeting was called to order at 7 p.m. by Mayor Rosen in the Council Chambers,
250 5' Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute.
2. LAND ACKNOWLEDGEMENT
Councilmember Dotsch read the City Council Land Acknowledge Statement: "We acknowledge the
original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes,
who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their
sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land
and water."
3. ROLL CALL
City Clerk Scott Passey called the roll. All elected officials were present.
4. PRESENTATIONS
EDMONDS ARTS COMMISSION ANNUAL REPORT
Arts & Culture Manager Frances Chapin provided an introduction, advising it has been over a year since
the Arts Commission's last annual report. The Edmonds Arts Commission was founded in 1975 by the city
council; there are seven members, four are required to have a professional background in performing,
literary or visual arts. She recognized Vice Chair Richard Chung and Commissioner Harry Kirchner in the
audience. The arts commission's mission is to ensure the arts are integral to our central identity, our quality
of life and the economic vitality of the community. To achieve this mission, the arts commission works at
different levels including engaging with the community in cultural planning; the community cultural plan
is updated periodically and adopted as a component of the comprehensive plan. Much of what the arts
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commission does is programming in literary, performing, and visual arts. The arts commission does its own
programs as well as partners with the many very creative nonprofits in the Edmonds community.
Arts Commission Chair Tanya Sharp provided a year-end review of the last two years including the many
programs the arts commission provides.
Literary Arts
• Write on the Sound (WOTS) writers conference
o Nationally known event that contributes to Edmonds' reputation as an arts destination
o Returned to a full in -person conference in 2023 for its 38t1i year
0 33 sessions
o Attended by 200 people from 11 states and presenters from 13 states
o Online element retained with virtual preconference attended by 50 people
o Revenues from WOTS were down during the pandemic, but EAC successfully navigated
changes while prioritizing fundamental goals to provide affordable and accessible literary arts
programming
o Revenue levels increased with in -person conference.
• Best of Book Poster Contest
o After 20 years, final season in 2022 with online exhibit and artwork was showcased on the
Frances Anderson Center fence.
• Poet's Perspective
o Introduced in 2022 with goal of highlighting local literary talents for adults and youth
o Six poems selected through competitive process exhibited outside library, neighborhood city
hall, and other locations
o Program continues with a call for poetry and is currently open for 2024 selections
Performing Arts
• Summer concerts
o One of EAC's most popular programs
o Free concerts City Park, Hickman Park and Hazel Miller Plaza
o Goal of events to provide free opportunities to experience diverse range of musical talents and
genres while also providing performance opportunities for established and emerging artists
o First commissioned summer concerts held in 1983
o The concert series held in City Park began in 1990 with performances by 8 concert bands
celebrating the City Centennial.
■ So successful that city council decided to dedicate annual fund for the program
o Attendance at summer concerts averages 5,000-6,000 annually
o After presenting primarily online performances at the height of the pandemic, live concerts
returned in full in 2022 and 2023 with a diverse array of music and performers presented at 22
concerns including jazz, folk, middle eastern dance, chamber music, Celtic, Latin and many
others
0 14 free concerns performed on Tuesdays and Thursdays at Hazel Miller Plaza sponsored by
the Hazel Miller Foundation
o Sunday concerts expanded to 8 with one added at Hickman Park in 2022
o EAC fortunate to have sponsorships from Lynnwood Honda, Carter Motors, Lynnwood Acura
and the Hazel Miller Foundation
■ EAC realizes it cannot rely on sponsorships alone for funding which may impact future
programming.
■ Concerts have historically been supported by city council allocation of General Fund
monies, approximately $15,000/year, which is not in the 2024 budget
Visual Arts
• Exhibits
o Presented rotating visual arts exhibits at Edmonds Library, Frances Anderson Center and on
the Frances Anderson Center fence
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o Goal to provide opportunities for local and regional artists, established and emerging, and
provide visual art experiences in places that capture the attention of people coming to facilities
for other reasons
o Display case in Frances Anderson Center highlights work by local high school students
o After 2-year hiatus, scheduling display spaces in Frances Anderson Center resumed in 2022
and Library exhibits resumed in January with display of artwork from City's collection
• Public Art in the Public Realm.
o EAC oversees acquisition and maintenance of City's art collection and provides
recommendations about other elements in the public realm
o EAC also serves on committees to advise on other aesthetic elements such as recently installed
gateway signage and median art elements on Highway 99
o City's public arts collection includes over 150 original pieces, portable works exhibited in City
buildings, over 35 permanently sited outdoor installations, 29 smaller sculptures on the art -
enhanced flower basket poles.
o In 2022-2023, the EAC received 14 donations of portable works, 2 gifts from prominent local
artists, a collection of 12 artworks from the Edmonds Arts Festival, and a significant exterior
installation, Fleuresscence by Jennifer Kuhns, donated by the Floretum Garden Club
o Newest art installation, Cascadia by Clark Weigman, installed in Civic Park in May 2023 after
an extensive public process. Total cost $92,000; $62,000 from the % for arts and the remaining
30% from unrestricted art fund
o Public art pieces require maintenance.
■ Maintenance and art acquisition are allowable expenses from the 117-200 fund for arts
restricted funds,
■ % for art revenues are generally minimal, $13,000 in 2023 and half that in 2022, many of
the expenses come from the unrestricted portion of the 117 municipal arts fund.
■ Recognizing limited revenues from % for art, AEC has prioritized use of ending cash in
117-100 for both new public art and maintenance in order to have a sustainable public art
program. A strong public art program reinforces visually the creative nature of Edmonds
■ One of the EAC's next projects will be funded by a grant to the Creative District via public -
private partnership with Edmonds Arts Festival Foundation
Cultural Tourism
• EAC encourages and supports cultural tourism through the cultural tourism awards program funded
by lodging tax funds.
o EAC recommends allocations to community arts and cultural organizations and for advertising
events as part of the City's lodging tax annual expenditures
o Amount allocated for arts and cultural organizations was $19,700 in 2022, $20,000 in 2023
o Although small, awards are effective in expanding the reach of advertising to attract visitors
from outside Edmonds for the rich arts programming provided by local arts nonprofits
supporting Edmonds' year-round brand as a destination for cultural activities
Economic Vitality & Cultural Planning
• Programs contribute to the identify, quality of life and economic vitality of Edmonds as well as
cultural planning and implementation
o Recognizing that arts are a major contributor to the local economic vitality, the EAC
spearheaded certification of downtown Edmonds as a Creative District in 2018 and Edmonds
was the first Creative District in Washington
o Creative District momentum built steadily with branding, signage and marketing and further
development of the 4t' Avenue Corridor concept highlighting the community's economic
vitality
o Creative District was recertified by the State for another five years
Chair Sharp recognized the volunteers and staff of the cultural and economic development department on
specific programs and implementation of the vision for arts in the greater community. The EAC looks
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forward to continuing their work in 2024 to support the Creative District, expand public art on Highway
99, foster accessibility and increase access for literary and performing arts, and help lead the community in
planning for the future of arts and culture in Edmonds. She recognized the incredible support of their partner
organizations, sponsors, and talented volunteers. She thanked the council for their support of the EAC.
Councilmember Chen expressed his appreciation to the EAC and volunteers for their outstanding work to
bring art to enrich the lives of Edmonds residents and the region. He was excited to hear the International
District will be incorporated in future endeavors. The International District and Highway 99 offer
tremendous opportunity to recognize multicultural backgrounds and explore and develop attractions as an
economic driver in addition to the Creative District and the downtown core which are known for art.
Councilmember Paine expressed appreciation for all the work the EAC has done, commented this was
likely a light summary of what the EAC has done over the past two years. The cultural gateway the EAC
provides to Edmonds is national and international when including Bird Fest and invites people into the
community. A lot of the art is downtown, but the EAC is doing more throughout the City. She applauded
the ECA for everything they do to ensure Edmonds stands out as an art community.
Councilmember Nand read email she send to members of City staff with a suggestion related to expanding
art options on Highway 99. "As we contemplate community revitalization planning along the Highway 99
corridor in 2024 and beyond, I would like us to collaborate with local community groups and civil rights
organizations to find the funding and appropriate messaging to potentially place commemorative plaques
and other public art in the rights -of -way near the old 7-Eleven, the Boo Han Market, and the former Plum
Tree Plaza in honor of the victims of violent crimes that occurred at these sites during the pandemic. As a
resident of this part of town, I can tell you the local community has experienced immense suffering and
fear due to the apparently random and extremely brutal attacks on BIPOC individuals and BIPOC owned
businesses in recent years. The old 7-Eleven and the 14 businesses at the Plum Tree Plaza were and still are
for the surviving businesses beloved in this part of town and the ones that are gone are greatly missed. I
think that they, especially the individuals who lost their lives there, deserve to be honored by the City in a
way that promotes community recognition and healing. If there is any interest by any of the art
commissioners to undertake this project, I'm happy to collaborate with you off the dais."
Councilmember Tibbott said he will be liaison with the EAC this year and looked forward to getting to
know commissioners in the coming year. He referred to the City's art collection, advising some of it is
displayed in the council office. He asked where else the City's art collection is displayed. Ms. Chapin
pointed out the sconces behind the dais in council chambers as examples of permanent artwork. Portable
works are displayed in public areas of public buildings including the council office, the mayor's conference
room, the city hall conference, the Bracket Room, hallways, and the stairwell in city hall. Councilmember
Tibbott asked if there were any hidden in the basement of buildings. Ms. Chapin answered there are a few
art pieces in the downstairs of the Frances Anderson Center by the elevator, a dreary spot that was dressed
up a little with art work for people using the elevator. Art is displayed in all City's public buildings including
the treatment plant and public works, including a large exterior entryway at public works.
Councilmember Eck congratulated the City and the EAC on the recertification of the Creative District. She
expressed appreciation for the multi -generational focus on all different types of art which is important with
regard to communication and expression. She was thrilled with the idea of including Highway 99 due to
the cultural richness of that area.
5. APPROVAL OF AGENDA
COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO
APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY.
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6. AUDIENCE COMMENTS
Bob Danson, General Manager, Olympic View Water and Sewer District, thanked the City for working
with the District on protecting the community's drinking water resources by updating the City's Critical
Aquifer Recharge Area (CARA) code. This is has been a positive, collaborative effort with City staff and
the planning board and he thanked them for their efforts. Olympic View has two shallow watershed or
wellhead protection areas that supply drinking water to the community, two of the few drinking water
sources in the area that do not come from Everett or Seattle and could be a lifeline for the entire area if/when
a catastrophic event should occur. These are high quality, pristine sources that require minimal treatment
before distribution, but must be protected to stay that way. Across the state, several water sources have been
contaminated by land use which at a minimum require costly additional treatment or abandoning the source.
One emerging contaminant for water purveyors is PFAS or forever chemicals. These chemicals are found
in household products and are known to cause numerous health issues and travel unimpeded through soil
columns. This synthetic contaminant is extremely costly to remove with current options. These
contaminants are also in stormwater. Land uses that will send these or other pollutants to the aquifer will
contaminate a once pristine water source forever.
Mr. Danson continued, that is why Olympic View reached out to Edmonds to help protect these pristine
drinking water sources by recognizing CARAs in Edmonds and protecting them from threatening practices
by updating the CARA code. Stormwater is a threat due to pollutants; using infiltration of any kind for
stormwater mitigation in the capture zones risks these pollutants entering these shallow drinking water
aquifers and should not be allowed. The EPA Safe Drinking Water Act states no owner shall conduct any
injection activity that allows the movement of fluid containing any contaminant into underground sources
of drinking water. The capture zones in Edmonds also have exposed QVA layers where the water bearing
layers are right at the surface so any leaching enters the soil. Stormwater infiltration in those areas offers a
direct route for stormwater pollutants to enter these water bearing layers with little to no treatment. With
this in mind, the Edmonds planning board recommended prohibiting UIC wells in these highly vulnerable
QVA layers which Olympic View supports as a minimal and critical measure to protect drinking water
aquifers. He requested the city expedite the recommendation because development and other land uses pose
risk to the aquifer.
William Lider, resident of unincorporated Snohomish County, professional civil engineer specializing in
stormwater and underground utilities, said he has been involved in lower Perrinville Creek issues for about
15 years. In 2012 he wrote a report that he provided to the city recommending the ductal iron high flow
bypass pipe be replaced due to corrosion. The city ignored his report and then diverted even more
stormwater flow into that system via a 30-inch pipe from Talbot Road tying the city's two fish -killing flow
splitters that discharge near the BNSF tracks via the city owned/maintained 42-inch ductal iron pipe. On
February 15, 2022, he again visited the outfall and noted holes and cracks in the pipe in the 10 years since
his last visit. After much urging and cajoling, public works did a video inspection of the pipe last July;
however, the city was negligent in its review of the video inspection. After much difficulty, he obtained a
copy of the video showing the railroad's ballast rock infiltrating into the city -owned pipe in the annotated
clip. He compared it to the game Jenga where blocks can be removed for a while, however, if enough blocks
are removed, the tower collapses. The video clip photo shows the rock dropping into the pipe which cannot
be detected from the surface. Loss of railroad ballast rock will create an undetected void in the railroad
tracks that will eventually collapse and cause a major accident that will unequivocally be due to the city's
negligence. He imagined the weight and vibration of a train carrying explosives, hazardous materials or
even an Amtrack train loaded with passengers crashing into Puget Sound.
Mr. Lider continued, the city's outfall pipe from its fish -killing flow splitter is undersized by a factor of 10.
He provided documentation and engineering calculations to Public Works Director Antillon but he has
ignored the calculations and other warnings. Not only does the city outfall not meet the city's own design
criteria, it also is in violation of federal law 49CFR section 213.33. In about four weeks the city's HPA
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8.2.a
permit to remove sediment from the fish -killing flow splitter expires. WDFW will not renew or extend the
City's HPA permit and it will be illegal for the city to do any water work in Perrinville Creek. He was not
aware of any city plans to prevent flooding and potential washout of the BNSF tracks when the fish -killing
flow splitter becomes blocked with sediment. He has an hour-long PowerPoint presentation on the subject
that goes much deeper into the history and documentation and he will provide a copy of his written
comments to council. He referenced willful and wanton, which is what will happen if there is an accident
because the city failed to act.
Diane Buckshnis, Edmonds, congratulated Mayor Rosen and Council President Olson and assured
Councilmember Chen she had his back. She commended Mayor Rosen on the creation of the taskforce
which includes experts to look at the City's finances. With the taskforce taking that task off the council,
she suggested they focus on policy. She provided a copy of Ordinance 3789, written by former city attorney
Scott Snyder and her in 2010, with three minor changes including changing the name of the comprehensive
annual financial report to the annual report, and to allow for a biennium budget. She recommended the
council implement the revisions to the ordinance because since December 2022, the council has not
received quarterly reports even though several councilmembers have asked for them. The quarterly reports
were the result of a pragmatic process that included Mike Bailey 13 years ago. She pointed out the
importance of adopting the ordinance rather than a resolution; there are ramifications for violating an
ordinance which is not the case with a resolution or policy. She anticipated the council would adopt some
good policies this year and the ordinance would be a good start. With regard to updating the CARA code,
she hoped it would be approved because she has been trying to get it passed for a couple years. She wished
the council good luck and happy new year.
7. RECEIVED FOR FILING
1. WRITTEN PUBLIC COMMENTS
2. OUTSIDE BOARDS AND COMMITTEE REPORTS
3. SEPTEMBER P&L REPORT
8. APPROVAL OF CONSENT AGENDA ITEMS
COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER DOTSCH, TO
APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items
approved are as follows:
1. APPROVAL OF SPECIAL MEETING MINUTES JANUARY 16, 2024
2. APPROVAL OF REGULAR MEETING MINUTES JANUARY 16, 2024
3. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS
4. APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE
PAYMENTS.
9. COUNCIL BUSINESS
1. 4TH AVENUE CULTURAL CORRIDOR UPDATE
Community, Culture & Economic Development Director Todd Tatum advised the 4' Avenue Cultural
Corridor was part of Creative District certification and a long standing idea. This phase of the project was
funded 50150 by an Arts Washington grant and City funds. He was not asking for more funding now or in
the near future. Staff is asking council for their thoughts on components of the project and level of intensity
of the redevelopment as they prepare eventually for the next step, 30% design.
Arts & Culture Manager Frances Chapin provided background on the 4tn Avenue Cultural Corridor:
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8.2.a
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• Why the focus on this corridor?
o Began with discussions about establishing the ECA
o Originally designated as an arts corridor by planning board
o Unique zoning — BD5
o One of the older streets in downtown with a lot of character
o Number of historic buildings on the street
o Alignment doesn't conform to more modern grid
o Uninterrupted views from ECA and downtown
o A block from City Hall, the Public Safety Complex and Civic Park
o A lot of pedestrians on this corridor
o Intersects with major walking routes between the waterfront and civic facilities
• Conce t Timeline
2007-09
Parks, Recreation and
Cultural SeMce
Department gets 2016 2018 2020
50,000 from the National Interim Public Art Proled Community Identifies A tentative conceptual
2004-05 Park Service s Preserve funded by EAC and completion of 41� Avenue design Is developed and
Planning Board - Identities America Edmonds Arts Festival Cultural Corridor as goal fled la cost estimates.
Arts Corridor on 41N which to, 4th Avenue Cultural Foundation in 5 year work plan as a Through public input
leads to a creation of BD5 Corridor Implementation 'tumtnous Forest' by artist part of Its Creative District schematic design
zoning. a Funding Plan. late Alessandrinl. designation. direction was Identified.
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Parks. Recreation and Parks, Recreation and Western Washington Parks. Recreation & Finish schematic design.
Cultural Service Cultural Services updates University and Association Cultural Services Conceptual design work
Department Community Cultural Plan of WA Cities on contracts for a site survey begins based off of a
updates the Streetscape that prioritizes Interim Sustainable Cities t and a consultant to concept approved by
Plan, adding the 4th steps to Implement the Partnership develop our facllltate development of Council In 2021. The City
Avenue Arts Corridor 4th Ave Cultural Corridor potential public relations a feasible project will partner with ECA to
Concept Plan. Plan. campaigns. concept. Meetings held complete vision for the
luminous Forest Installed. with ECDAC and the entire corridor and
public. provide more detailed
schematic design.
Mr. Tatum and Ms. Chapin reviewed:
• 10% design project components
1. Connect existing concept to ECA
2. Address the appropriate sizing of sidewalks
3. Address and identify our approach to "activation space"
4. Account for existing infrastructure needs — i.e. resurfacing, stormwater, utilities
• Project Team
Project leads Todd Tatum, Frances Chapin
Engineering team members Mike De Lilla, Bertrand Hauss
ECA project managers Lori Meagher, Nicole Giordano, Suzy Maloney, Corbitt Loch,
Jeanne Thorsen
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8.2.a
Consulting Team KPG Psomas; Paul Fuesel, Phuong Nguyen, Kelsey Anderson,
Holly Williams, Michael Lapham
Starting point, where left off in 2020
0 10% concept plan from Edmonds Street south
o Developing preferences about street design
• Issues
o High crown underlaid with historic infrastructure which makes regrading challenging and
potentially expensive
o Sidewalks north of Bell are narrow with signs, utilities, trees, and cracking which further
narrow the path and results in a challenging pedestrian experience especially at night
o Property improvements abut sidewalks which complicate widening the sidewalks
Outreach
o The project team conducted several public outreach events including a booth at the Summer
Market and two open houses at ECA.
o Visited each resident to ensure they had information for outreach events and left door hangers
o Walked the corridor with residents of 4' Avenue and others to discuss and see impacts of
widening the sidewalks (Cookies on the Corridor)
o Approximately 40 people attended two main outreach events.
What we heard
o Residents of 4' Ave expressed concern about enlarging the sidewalk footprint significantly
into the ROW
o Residents of 4' Ave questioned bold design elements and their costs
o Residents of 4' Ave expressed interest in project and pedestrian and aesthetic improvements
o Preservation of the character of the neighborhood is very important to community members
o Locals and visitors at the Summer Market expressed interest in the concept and excitement
with improving the pedestrian experience and connection between ECA and downtown, while
also expressing concern with the cost of bold improvements
Challenges/Issues
o The roadway cannot be reduced in width due to fire lane requirements
o The roadway has a severe crown, and would require a significant effort to regrade
o The underlayment of the road is old, and subject to unforeseen, costly issues if a regrade is
undertaken
o The ROW extends well into property owners' yards, almost up to the porch in places
o The pedestrian experience is not currently ADA accessible, and presents safety challenges to
any pedestrian
Concepts
o As the project neared completion, two concepts emerged regarding level of improvements:
1. A significant level of improvement to the roadway/streetscape, which would include things
like raised intersections
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2. A more moderate level of improvement, which would focus on the pedestrian experience,
while providing a "lift" to the corridor
o ECA Future Frontage Icdeas
i Ali
s
o Items mutual to both concepts
1. Street width remains the same
2. Parking is retained on both sides of the street
3. Preference for one-way traffic northbound
4. Wider sidewalks
5. Utilities and resurfacing work done in conjunction with other improvements
Concept 1 — significant changes on the whole corridor
o Includes 4 raised intersections and associated drainage, significant regrading, mid -block bulb
outs
o Concept 1 — north end
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1 ,
o If built today total cost 8.8 million
■ Construction cost $5.8 million including a 20% contingency, does not include $2.9 million
in design construction management and a 10% management reserve
■ $2 million in existing water main replacement work would need to be incorporated into the
project
Concept 2 — moderate, pedestrian -focused improvements
o As the project matured, the project team began to consider a more moderate approach to
development
■ Widening the sidewalk by approximately 1.5 feet to make walkway ADA accessible
■ Pedestrian lighting improvements along the sidewalks
■ Including curb bulb -outs and ADA improvements at the intersections along the corridor
■ Including water main replacement and road resurfacing in this project
■ Replacement of "Luminous Forest" roadway art installation during resurfacing work
■ Continuing to develop the traffic revision and public space reclamation at Sprague and
Edmonds Streets
Staff Recommendation
o Depart from the full complement of construction outlined in the attachment due to cost,
cost/benefit, the character of the existing neighborhood, and the need to lock in core
components of this project.
o Move the following components to 30% design
■ Widening the sidewalks by approximately 1.5 feet to make walkway ADA accessible
■ Pedestrian lighting improvements along the sidewalks
■ Including curb bulb -outs along with ADA improvements at the intersections
■ Replacement of "Luminous Forest" roadway art installation during resurfacing work
Councilmember Nand asked if the City chooses to enforce its right-of-way to expand sidewalks, will the
City potentially face diminution of value, adverse possession or other litigation. City Attorney Jeff Taraday
answered the City could face claims, but he did not think they would be successful claims. Right-of-way
retains its status as right-of-way regardless of how long it is used for something else, even if has been used
as someone's front yard for 50 or 100 years, it is still right-of-way. At the time the City decides it wants to
improve that right-of-way, it has the right to do so.
Councilmember Nand asked if the right-of-way was properly recorded on deeds. Mr. Taraday assumed this
would have been platted right-of-way and not deeded. He had no reason to believe it wasn't a valid
dedication. Councilmember Nand said it seemed like the City had done significant outreach to the property
owners so hopefully the City would not encounter a litigious situation.
Councilmember Nand recalled mention of disruption to sidewalks and ADA impacts around streets trees.
She recalled in Seattle and Shoreline any mention of removing street trees causes public outcry. She asked
Edmonds City Council Draft Minutes
January 23, 2024
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Packet Pg. 39
if the street trees will need to be removed or could they be preserved. Mr. Tatum answered there are not a
lot of street trees. In general this offers an opportunity to provide a lift of trees on the corridor. The project
is at 10% and there is a lot of work to be done to determine the future of the trees. Ms. Chapin advised the
consultants were very interested in improving the presence of street trees on the corridor because many
residents mentioned they would like more trees. Mr. Tatum commented given the challenges and curiosities
related to spaces along the sidewalks, he envisioned a more meandering sidewalk rather than a straight
sidewalk.
Councilmember Nand asked if staff was seeking council approval of the five suggestions and what was the
next step where there would be a budget impact at 30% design. Mr. Tatum answered he was not sure
approval was required; he was hoping to get a better understanding of whether council agreed with the
concept. With regard to asking for budget, he recognized a fair amount of work was needed on the City's
budget. Funding for 30% design will likely depend on the City's budget and other funding opportunities
such as grants.
Council President Olson thanked staff for their work on this and for listening to the community engagement
and to what the council has been saying during the last 1-2 years. It is great to talk about nice to haves, but
when the City can afford nice to haves again, this isn't the area that should be targeted for new nice to haves
because there are already a lot in downtown and there are other areas of town where those nice to haves
should be added. Concept 2 is very much in line with what she hopes will happen the City is ready to move
forward. She suggested scaling back in the reclamation of public space, commenting if the space can't be
used for parking, consideration be given to deeding it back to the property owner so it would be added back
to the tax rolls and possibly be the right square footage for a DADU. She summarized if more open space
isn't needed for the community in that area, deeding it to the property owner would eliminate the cost to
develop and maintain the space.
Councilmember Paine thanked staff for all the work put into engagement. Getting feedback from the
frontage owners was one of her concerns as most people do not know where the right-of-way ends; in her
experience it is where the water connection is. She liked the work done with the consultants; every
neighborhood commercial area would like to have raised intersections and bulb -outs because that slows
traffic and creates a gathering space with amenities. She wished something like this could be done in all
neighborhoods; but she recognized the City does not have the money for that now. If and when the City
develops a citywide transitional ADA plan, the City will be eligible for ADA funds to improve sidewalks.
There are a lot of neighborhoods that do not have sidewalks where there are residents with mobility
challenges and/or use wheelchairs.
Councilmember Dotsch said she attended the online meeting during Covid and the walking tour and found
they were not well attended by the people who lived there. She was interested in getting feedback from the
people who live on the corridor. She recalled in the original concept, use of the right-of-way eliminated a
significant portion of some front yards, but it appears that has been scaled back. She wondered if the
property owners knew about that change from the original plan and what their feedback would be. Ms.
Chapin responded during initial planning, there was a fair amount of one-on-one interaction with property
owners. She referred to Mr. Tatum's comment about meandering sidewalks, noting part of the reason for
that was some property owners realized a significant amount of their front yard was right-of-way. A cookie
cutter approach may not be appropriate for this project with regard to the right-of-way. Interaction with
individual property owners will be essential in future design.
Councilmember Dotsch recalled during the walking tour, one of the things came up was the focus toward
the ECA. The ECA needs to be updated and if that doesn't happen, the 4` Avenue Cultural Corridor is a
promenade toward something that may not be there in the future. She wanted to retain the ECA, but
questioned putting a lot of money into a project where the focal point is the ECA. Moving this project out
to the future to await the ECA's plans will be helpful.
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8.2.a
Councilmember Dotsch pointed out the raised intersections would be unique to Edmonds and asked how
that affects emergency vehicles. Mr. Tatum answered they exist in other cities and he anticipated now that
councilmembers had seen them in the presentation, they would begin to notice them in other areas. The
raised intersection is a very gradual ramp that causes cars to slow but not bottom out. Councilmember
Dotsch observed the intent is aesthetics and to slow vehicles, noting there was a significant cost associated
with that intersection design. Mr. Tatum answered that is why staff is not recommending them. The raised
intersection allows for universal ADA access in all directions; in this context, it would provide space for
music and events to occur on a closed street.
Councilmember Chen said for him personally, given the City's financial situation, this is not his priority.
In addition, it would be wise to work with the ECA to coordinate development. He asked if there was a
time urgency related to this project. Mr. Tatum answered no, there are no grants, etc. Councilmember Chen
pointed out there are also greater needs in other parts of the City. The 4' Ave Corridor is a great opportunity
for improvements, but there are other parts of City that do not have any sidewalks or amenities and public
safety is his personal priority for the City's limited financial resources.
2. CRITICAL AQUIFER RECHARGE AREA CODE AMENDMENT
Senior Planner Mike Clugston introduced Senior Utilities Engineer Mike De Lilla, Planning &
Development Director Susan McLaughlin, and Planning Board Chair Jeremy Mitchell. Mr. Clugston
reviewed:
• What is a CARA?
o CARAs are areas with a critical recharging effect on aquifers used for potable water, including
areas where an aquifer that is a source of drinking water is vulnerable to contamination that
would affect the potability of the water, or is susceptible to reduced recharge.
o CARAs are required by and treated as critical areas under the Growth Management Act
(GMA).
• Why update?
o Current Edmonds code (from 2016) states there are no CARAs in the city (Chapter 23.60
ECDC)
o In 2022, City learned there were two CARAs in Edmonds (Olympic View Water & Sewer
District wellhead protection areas)
■ Collaboration with OV yielded BAS, mapping, and extensive code analysis
• Map of Deer Creek Springs (located in Woodway) & 228th Street Wellfield (located in Esperance)
o Some areas to be regulated are located in Edmonds
228th Street Wellfield j j WHPA
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Edmonds City Council Draft Minutes
January 23, 2024
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Packet Pg. 41
8.2.a
W/ Precipitation
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Literature Review
o Best Available Science groundwater modeling provided by Olympic View (2018)
o Olympic View Watershed Protection Plan (2018 & 2023)
o Ecology CARA guidance (2021)
o Commerce Critical Area Handbook (2023)
o DOH Wellhead Protection Program Guidance (2017)
o Codes from Issaquah, Shoreline, MLT, Town of Woodway, Snohomish County
Planning board process
o May 24, 2023 (Introduction)
o July 12, 2023 (Work Session)
o July 24, 2023 (Public Hearing #1, continued twice, ultimately closed to allow time for
additional work)
o October 25, 2023 (Work Session -stormwater)
o November 9, 2023 (SEPA DNS issued, no comments & not appealed)
o November 29, 2023 (Hearing #2, redline draft approved)
o January 24, 2024 (Recommendation memo)
Code Overview
o Definitions (ECDC 23.40)
o Scope (ECDC 23.60.010)
o Administration (ECDC 23.60.020)
o Regulated Activities (ECDC 23.60.030)
■ Land uses, stormwater
o Stormwater Addendum (to ECDC 18.30)
CARA-related Definitions
o New definitions
■ Aquifer, critical aquifer recharge area, deleterious substances, hazardous materials,
hazardous materials inventory, hazardous materials management plan, recharge,
underground injection control well, wellhead protection area
o Revised definitions
■ Buffer, mitigation, qualified critical area consultant
CARA Administration
o Designation —Deer Creek Springs & 228thStreet
o Classification (using DOH travel times)
■ Class 1 —6 mo, 1 yr, and 5 year
■ Class 2 —10 year
■ Class 3 -Buffer
o Local consultation — Olympic View review of certain City
SFR/MF/commercial building permits, subdivisions)
o Hydrogeologic report required
Regulated Activities
o Land Use
projects in CARAs (new
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8.2.a
■ Restrict or prohibit more intense land uses listed in Table 23.60.030.A
■ Mineral resource uses, cemeteries, hazardous liquid pipelines, hazardous/radioactive waste
storage or processing, automotive uses, dry cleaning, solid waste landfills and transfer
stations, petroleum refining or storage, chemical/metal/wood manufacturing, hydrocarbon
extraction, etc.
■ Program for management of facilities handling or storing hazardous materials
o Stormwater
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■ Numbered areas (red diamonds) on map are areas of potential contamination
Senior Utilities Engineer Mike De Lilla reviewed:
• Stormwater
o Proposed stormwater management language developed to:
■ Meet the intent of the CARA... minimize loss of recharge quantity, maintain the protection
of supply wells for public drinking water, and prevent contamination of groundwater
■ Provide flood protection for Edmonds residents and businesses
■ Meet all Department of Ecology stormwater permit requirements
• Managing stormwater in most of Edmonds
• Managing Stormwater in CARAs
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January 23, 2024
Page 14
Packet Pg. 43
8.2.a
22811 St Wellfield
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o Image from City's GIS
o In addition to CARAs, illustrates soil conditions that are more conducive to infiltration and
may have reduced water quality treatment capabilities for runoff in that area
• Risk Factors for Stormwater Management in CARAs
o Land Use
■ Deer Creek Springs is primarily residential so risk of pollutants entering the soil from
SFR is fairly low
■ 228t1i CARA is mostly Highway 99, more risk from chemicals, businesses
- Code modified to factor in pollution risks.
9
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8.2.a
o High risk due to land use
o All underground injection control (UIC) prohibited
o All other infiltration BMPs prohibited
o Other feasible means of managing stormwater
Risk -based approach for Deer Creek Springs
o Low risk due to land use
o Bored, drilled or driven UICs prohibited — high risk
o Allowed (low risk stormwater controls/low risk land use)
■ Infiltration trenches w/pipes (UICs)
■ Must treat stormwater before infiltrating (more strictly than Ecology manual)
o No other feasible means of managing stormwater
Managing Stormwater in Southwest Edmonds
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o Basins exist that do not discharge anywhere, large depressions that already infiltrate
Southwest Edmonds and Deer Creek Springs CARA
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• Proposed treatment more protective than Ecology Manual
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January 23, 2024
Page 16
Packet Pg. 45
8.2.a
Stormwater Addendum
o Provides direction for implementing the Stormwater management code in Chapter 18.30
o Proposed tables for inclusion in Addendum
o More protective of aquifers than 2019 Ecology Stormwater Manual
Stormwater Summary
o All bored, drilled, or driven shaft UICs prohibited in wellhead protection area (WHPA)
(including "holes" and "sinkholes").
o Infiltration only means of managing stormwater in SW Edmonds basins A & B.
o Proposed requirements for stormwater infiltration are more protective of aquifers than current
Ecology requirements.
o Should Ecology update the requirements in the next SWMMWW, they will be adopted
automatically, if more protective than the proposed requirements
Mr. Clugston reviewed:
• Next Steps
o February 6 — City Council work session, review PB recommendation memo and draft code for
stormwater, pollution liability insurance
o February 27 — public hearing
o March 19 — potential action w/ordinance
o Going forward — update ECDC 23.60 in the future as new information becomes available
Councilmember Nand thanked the subject matter experts who shared their perspective during Audience
Comments. She asked about the natural material of the substrate and how effective it was at removing
pollutants such as PFAS. Mr. De Lilla answered no one knows how to treat PFAS right now. Even the best
technologies available cannot remove 100% of PFAS due to the nature of the material, it is a forever
chemical. Regarding a homeowner's ability to remove PFAS he was uncertain anything will ever be
created; in the near term no one has modeled it. It depends on the pollutant one is trying to remove; Ecology
has a database of technologies that identifies how to remove certain pollutants. There is no one size fits all.
With regard to how long certain chemicals last, it depends. The logic is for residential areas, pollutants will
be low. In the end, the question is not how to remove chemicals, but a more targeted approach such a
citywide ban of a chemical.
Mr. De Lilla pointed out the CARA regulations is not retroactive; all the basins are mostly developed so
the amount of development and the standard that will be applied will be fairly small. Pandoras box has been
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January 23, 2024
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Packet Pg. 46
8.2.a
opened, the CARA regulations will fix little things here and there. Councilmember Nand agreed, recalling
she raised the possibility of banning glyphosate, the active ingredient in Roundup. Mr. De Lilla said another
thing that could be done would be to prohibit 6PPD in tires.
Councilmember Nand asked if there was concern about material leaching into the aquifer from the
equipment used for infiltration such as plastic pipe. Mr. De Lilla said unfortunately that is not measured or
monitored. For example, in old days steel pipes were used in the ground, but steel corrodes, rusts out and
eventually implodes. Everyone talks about PFAS, but not knew until a few years ago what that was and
there is real way to measure it. Some consultants, specifically Herrera who does modeling of pollutants for
Ecology, is having issues with equipment where the pollutants attach to the recording instruments and
provide false readings. That illustrates how new it is; finding ways to physically and accurately measure it.
Unfortunately, the science is early, and something needs to be done. Councilmember Nand said she wanted
to ensure addressing today's problem did not create the next generation's headache.
Councilmember Paine offered to email her detailed questions, recognizing this has a lot of implications.
She referred to the map with the flow to the wellheads and asked what can be done to protect those areas.
She asked if something could be included on the plat or the title report that the areas are part of a CARA
protection area and that there are restrictions related to stormwater. Mr. Clugston answered any new
development permit is screened for the presence of critical areas. He referred to Olympic View's map
identifying the Deer Creek Springs and the 228t1i St Wellhead with time travel zones.
Councilmember Paine asked if protection would be based on the travel zone. Mr. De Lilla answered the
zones will be the same, treated as if they are within one zone. Ecology only requires 10-year travel time
zone, Edmonds is including the buffer zone. Councilmember Paine asked about protections outside the
travel time zones, whether green streets, swales, and other natural drainage systems would be helpful. Mr.
De Lilla answered any areas outside the travel time do not contribute to the CARA's health. For example,
a drop of water that falls in the 10 year zone, it will take 10 years to reach the wellhead. Water in the buffer
area will take more than 10 years, etc. The map does not factor in storm drainage pipes. Ms. McLaughlin
added it is looked at as a system; mitigating the volume that goes to the basins due to minimization of
infiltration by green streets and looking at it as an overall system may be helpful to look at in the
comprehensive plan.
Councilmember Paine asked if this will impact new developments proposed in the identified travel time
zones. Mr. Clugston asked once CARA regulations are adopted, they will apply to any development permits
in the area along Highway 99 or in the Deer Creek area. Councilmember Paine inquired about the GIS
layer. Mr. Clugston answered there is already a GIS layer with this information.
Councilmember Eck said she found this fascinating and expected to learn a lot during every presentation.
She thanked staff for their work. She asked about collaboration with Snohomish County's role since
Esperance is within the 228t1i St wellhead. Mr. De Lilla answered there could be; Olympic View would
need to coordinate with Snohomish County. Mr. Clugston pointed out a portion of the Deer Creek CARA
is in Shoreline and the 228' St Wellhead is in Esperance and Mountlake Terrace; Olympic View will talk
with those jurisdictions.
Councilmember Chen said he was relieved to hear the City's protection level was higher what Ecology
requires. He referred to the indication that the 228t1i St Wellhead was a higher risk area than Deer Creek
Springs and asked how risk was measured. Mr. De Lilla answered Ecology has tables within their drainage
manual. He referred to the table of Pollutant Loading Classification (Land Use), explaining there are
thresholds for the amount of pollutants and treatment (milligrams per liter). Ecology has modeled that, the
City is treating everything as high risk. Councilmember Chen pointed out if Ecology changes their standard,
the City may no longer meet the standard. Mr. De Lilla responded if Ecology raises their standards, the City
will automatically adopt Ecology's standards; the City's standards will never be lower than Ecology's.
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January 23, 2024
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8.2.a
Councilmember Chen referred to the map of Deer Creek Springs and 228' St. Wellhead, and the red
diamonds identifying potential contamination sources which appeared to be concentrated on Highway 99.
He asked how those contaminated sources were handled, whether they were individual businesses or state
property. Mr. De Lilla answered they were more than likely individual businesses such as gas stations, dry
cleaners, etc. The City will be contacting them. Mr. Clugston said the red diamonds came from Olympic
View's watershed protection plan prepared in 2018. Once regulations are adopted, the next step will be for
the City to reach out to those businesses.
Councilmember Chen asked who will bear the cost of mitigating the risks once CARA regulations are
adopted. Mr. Clugston answered the cost of compliance will be on the business owner; they cannot spill
things into the ground. The City will identify the location of these intensive land uses and monitor them.
He assumed the businesses also have no interest in polluting. The City will research whether pollution
liability insurance could be required for existing higher intensity land uses. Councilmember Chen agreed
having insurance would be great, but the key would be to prevent a spill.
3. COUNCIL AFFIRMATION OF CODE OF CONDUCT AND CODE OF ETHICS
Council President Olson said the code of conduct and code of ethics are basically an acknowledgement of
the responsibility of being in the public eye and representing the City's residents. For members of the public
who may not have read the documents, it could be distilled down to the golden rule, do unto others as you
would have them do unto you. The council is asked to reaffirm this annually to show their desire to uphold
the codes.
City Clerk Scott Passey advised the affirmation will be done together as a group. He asked councilmembers
to raise their right hands and repeat, "I [state your name] do solemnly affirm that I will uphold the council
code of conduct and the code of ethics as previously approved by the Edmonds City Council." All
councilmembers participated in the affirmation. Mr. Passey requested councilmembers return the signed
affirmation to him.
4. ORDINANCE TO CONFORM CODE TO SALARY COMMISSION
City Attorney Jeff Taraday relayed the City has a salary commission which exists to set the compensation
of elected officials. The commission has come and gone many times over the years as can be seen from the
whereas clauses in the ordinance in the packet and was most recently readopted in 2022. There is some
legacy code language in other chapters of the city code related to compensation of certain positions,
specifically the council president and the mayor. The legacy code language creates a conflict in the code.
Even though the salary commission sets the compensation and has done so by specifically addressing
compensation for the council president and mayor, these legacy code sections also proport to do the same
thing which creates a conflict.
Mr. Taraday continued, the proposed ordinance would eliminate that conflict. The ordinance amends two
sections of the city code, in the section related to the council president, the amendment would strike
language regarding $200/month language and add the phrase, "as established by the salary commission."
Similarly, in the section related to the mayor's compensation, the phrase "city council may from time to
time establish by ordinance" is replaced with "as established by the salary commission."
Mr. Taraday summarized the amendments acknowledge the facts on the ground that the salary commission
establishes compensation of elected officials and the code language is no longer needed. He also drafted
language for both sections to address the possibility of the salary commission going away in the future that
reads, "if no salary commission has established the additional compensation to be paid to the council
president, then the council president shall be paid in accordance with the salary commission determination
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Packet Pg. 48
8.2.a
that was most recently in effect." Similarly for the mayor, the new language states the mayor shall be paid
in accordance with the salary commission determination that was most recently in effect. Although it would
have been preferable to take this to council committee and then approved on the consent agenda, staff
wanted this addressed prior to the upcoming pay period.
COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCILMEMBER CHEN, TO
APPROVE THE ORDINANCE.
Councilmember Tibbott said he was happy to see this language cleared up and establishing process in the
event the salary commission is no longer in place in the future. The ordinance is very straightforward and
useful for the City.
MOTION CARRIED UNANIMOUSLY.
5. RESOLUTION PROVIDING 2024 WORKPLAN PRIORITIZATION TO PLANNING
BOARD
Council President Olson recalled the work related to creating the workplan happened at last week's council
meeting; the resolution is a representation of council's input and will serve as official communication to
the planning board from council.
COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER NAND, TO
APPROVE THE RESOLUTION IN THE PACKET. MOTION CARRIED UNANIMOUSLY.
10. MAYOR'S COMMENTS
Mayor Rosen provided an update on meetings he attended. He met with the Edmonds Food Bank who is
interested in building a new facility. There are many potential opportunities for partnership with regard to
the type of facility they are looking for that could provide more service to community including meeting
spaces. It will be very exciting as they develop their vision and he hoped some of the City's vision can align
with theirs. He met with Puget Sound Energy (PSE) about their view of the future. PSE provides natural
gas to approximately 70% of the homes in Edmonds. The council has discussed potential changes related
to natural gas in the future so it is important to establish a relationship with PSE. A meeting with ten
Snohomish County mayors included discussion of regional issues including drug addiction services,
changes in Olympia related to codes and zones, and concerns related to updating the comprehensive plan.
Mayor Rosen referred to his announcement of the formation of a blue ribbon panel to find a path to financial
resilience. There will be a presentation to council at the next regular meeting with an opportunity to engage.
He hoped to add a couple positions; one was added earlier today. He concluded he felt good about the team.
He announced there is no council meeting next week.
11. COUNCIL COMMENTS
Councilmember Eck commented she has been thinking about what creates a healthy, vibrant community
where everyone feels included and valued. She found a University of Washington website regarding Urban
Forestry/Urban Greening Research related to green streets and good health. She relayed information from
the website, benefits to green cities all through the city are potentially having wide ranging benefits to
social, physical and mental health, the local economy increasing safety, reducing crime and wonderful
impacts to cultural and equity. She will keep that in mind and add it to her lens when doing the council's
work. She found the information very intriguing.
Councilmember Chen relayed he has been thinking about the City's financial policies. He announced he
has invited some citizen advisors to be on a finance policy work group. He thanked former Councilmembers
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8.2.a
Dave Teitzel and Diane Buckshnis and community Member Darrol Haug for accepting the invitation to
help him and Councilmember Nand work on some of the financial policies including strengthening the
existing balance reserve policy and potentially working with public works to develop utility reserve
policies. The group is open to discussions and input from councilmembers and the community about other
policies potentially coming from the blue ribbon panel. The work group plans to meet in the council office
the first Wednesday from 6 to 7 pm.
Councilmember Tibbott reported since there is no council meeting next week, he thought it would be helpful
to assign homework to councilmembers. The council packet contains a brainstorming exercise which he
asked councilmembers to complete in preparation for the retreat on February 2.
Council President Olson recalled Councilmember Tibbott did an extraordinary job leading the council
through the planning and prioritization exercise last year and thanked him for accepting her request to lead
that effort again. The council, mayor and director's retreat is Friday, February 2. She requested the
homework in preparation for the brainstorming exercise be turned in at the retreat on February 2 or in
advance to Councilmember Tibbott's inbox in the council office. The Saturday afternoon portion of the
retreat will be council only to digest the day before and do planning for the year.
Councilmember Dotsch said she was excited about the blue ribbon panel and Councilmember Chen's work
group. She looked forward to the retreat and digging into what the council needs to do. She was pleased the
council was moving forward early in the year and pledged to do her homework.
Councilmember Paine commented tonight was a nice meeting and she loved the transparency. She
participated in the transportation community planning committee last week; one of the topics of discussion
by the consultant and staff was the GMA and comprehensive plan requirement for a citywide ADA
transition plan. If there are any funds available before the end of the year she would love to see the unfunded
proposal in the original budget be brought forward. Although costly, having a valid ADA transition plan
will allow the City to apply for grants. It will not be a magic wand for money, but will offer more access
opportunities for the most vulnerable.
Councilmember Paine relayed Community Transit reconfigured their board. She was the alternate and will
continue to be the alternate for the next two years.. If she continues as the City's representative, she will be
on the Community Transit board in two years. She was interested to see what the blue ribbon panel comes
up with and was hopeful their meetings would be available to the public via Zoom or other methods.
Councilmember Nand advised community member Emily Kennedy reached out to her on behalf of Face
the World who is seeking volunteer host families for the 2024-2025 school year for teenage foreign
exchange students. Anyone interested in being a host family can reach Emily at 360-914-0265 or
ekennedy@Facetheworld.org.
Councilmember Nand relayed constituents in Edmonds and elsewhere in the Edmonds School District will
soon receive ballots containing two propositions, Prop 1, School Construction Bond, and Prop 2,
Replacement Technology and Capital Levy. A parent and teacher led community organization solicited
public comment from elected officials in the ESD in support of the propositions. She read her public
comment, "As the daughter of two public high school teachers, I was lucky enough to grow up in a
household where education was prized and my sister and I were always taught to break through barriers to
reach our full potential. Every child deserves that sort of support. I know for a fact that the Edmond School
District is doing vital work to enhance the lives of children in our community every day. Our public
education system does more to improve the lives of vulnerable children and their families than any other
government entity in our society. I trust the school district to use taxpayer funds wisely. If our district
leaders say that we need to pass a construction bond and a technology replacement/capital levy so that all
of our children can learn in a dignified environment that prepares them to compete in tomorrow's global
Edmonds City Council Draft Minutes
January 23, 2024
Page 21
Packet Pg. 50
8.2.a
economy, I believe them. Let's dig deep and invest in our kids' futures." Councilmember Nand hoped
everyone listening votes yes on the construction bond and technology replacement levy, reminds their
neighbors to vote yes, and to turn in their ballots by February 13.
ADJOURNMENT
With no further business, the council meeting was adjourned at 9:25 p.m.
Edmonds City Council Draft Minutes
January 23, 2024
Page 22
Packet Pg. 51
8.3
City Council Agenda Item
Meeting Date: 02/6/2024
Ordinance Creating a Summer Recess to Council's Regular Meeting Schedule
Staff Lead: City Council
Department: City Council
Preparer: Beckie Peterson
Background/History
ECC 1.04 established regular public meeting times and days of council meetings.
During the January 16, 2024 discussion considering two proposals, a change of meeting start time and
proposed late -summer recess, there was consensus that the late -summer recess was a good idea.
Council President Olson asked the city attorney to draft an ordinance reflecting the code change.
Recommendation
Approve the ordinance in the packet amending code Subsection A of section 1.04.010 of the Edmonds
City Code, entitled "Regular public meeting time and days" to reflect a two week meeting recess in late
summer.
Narrative
This ordinance would amend the code to not hold meetings on the last Tuesday of August and the first
Tuesday of September, creating a two -week recess.
Input was solicited from the administration and council was told that staff can accommodate this with
some adjustments.
Other local jurisdictions, including Lynnwood, have modeled a break from holding
Council business meetings. The specific timing of this recess allows flexibility for scheduling around the
time many families are preparing for the start of a new school year, and Council and staff are preparing
for a busy budget season.
Council could convene a special meeting to address any urgent city business that might arise during this
scheduled recess.
Attachments:
2024-01-28 ordinance re council recess - ch. 1.04
Packet Pg. 52
8.3.a
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, CREATING AN END OF SUMMER RECESS
FROM THE CITY COUNCIL'S REGULAR MEETING
SCHEDULE
WHEREAS, the city council has the power to organize and regulate its internal affairs
under RCW 35A.11.020; and
WHEREAS, the city council has determined that there should be an end of summer recess
from its regular meeting schedule to provide the council, mayor, and staff with a predictable break
from city council meetings; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. Subsection A of section 1.04.010 of the Edmonds City Code, entitled "Regular
public meeting time and days," is hereby amended to read as follows (new text is shown in
underline; deleted text is shown in strike thr-o g ):
A. Full Council. Regular meetings of the city council shall be held on every c
Tuesday of every month at 7:00 p.m., except for the second and fifth Tuesdays of
apy month, the last Tuesday o�gust, and the first Tuesday of September.at 7:00
per Regular meetings of the city council shall be held as a hybrid meeting that is y
accessible both virtually and in -person and where the in -person component is
conducted in the Council Chambers, Public Safety Complex, 250 Fifth Avenue N.,
Edmonds, Washington. Council meetings shall adjourn no later than 10:00 p.m. on
the day initiated unless such adjournment is extended by an affirmative vote of a o
majority of the council as a whole plus one.
Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
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 effect five (5)
days after passage and publication of an approved summary thereof consisting of the title.
Packet Pg. 53
8.3.a
APPROVED:
MAYOR MIKE ROSEN
ATTEST/AUTHENTICATED:
CITY CLERK, SCOTT PASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
Im
JEFF TARADAY
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
Packet Pg. 54
8.3.a
SUMMARY OF ORDINANCE NO.
of the City of Edmonds, Washington
On the day of , 2024, the City Council of the City of Edmonds, passed
Ordinance No. A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE
WASHINGTON, CREATING
RECESS FROM THE CITY
MEETING SCHEDULE
CITY OF EDMONDS,
AN END OF SUMMER
COUNCIL' S REGULAR
The full text of this Ordinance will be mailed upon request.
DATED this day of
3
2024.
CITY CLERK, SCOTT PASSEY
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0
Packet Pg. 55
8.4
City Council Agenda Item
Meeting Date: 02/6/2024
Council Confirmation of Tree Board Appointments
Staff Lead: City Council
Department: City Council
Preparer: Beckie Peterson
Background/History
The Citizens' Tree Board encourages the planting, protecting, and maintaining of trees for long-term
community benefit. The Tree Board has an advisory role to the mayor, City Council and to other boards
and commissions on matters outlined in Chapter 10.95.030 of the Edmonds City Code. Tree Board
Positions #4, #5, #6, #7 and Alternate expired on December 31, 2023. Appointments must be confirmed
by a majority of the full City Council per ECC 10.95.B.
Recommendation
Approve the Council re -appointments for Tree Board Positions 4,5,6,7, and Alternate.
Narrative
1. Bill Phipps, Position #4, new term will expire on 12/31/2027 - reappointed by Councilmember
Dotsch
2. Wendy Kliment, Position #5, new term will expire on 12/31/2027 - reappointed by
Councilmember Olson
3. Ben Mark, Position #6, new term will expire on 12/31/2027 - reappointed by Councilmember
Paine
4. Crane Stavig, Position #7, new term will expire on 12/31/2027 - reappointed by Councilmember
Nand
5. Ross Dimmick, Alternate, new term will expire on 12/31/2024 - reappointed by Council
President Olson
Packet Pg. 56
9.1
City Council Agenda Item
Meeting Date: 02/6/2024
Title 19 Building and Fire Codes
Staff Lead: Leif Bjorback
Department: Planning & Development
Preparer: Leif Bjorback
Background/History
The 2021 International (Building) Codes, as amended by the state, become effective March 15, 2024.
Normally, the building codes are on a 3 year update cycle; however the previous adoption date of
October 29, 2023 was delayed by the state for consideration of stakeholder proposals to modify sections
in the commercial and residential energy codes. In anticipation of the October 29 adoption date, this
same Title 19 update proposal was presented to the PPSP Committee on September 12 (see web link)
and at that time was moved to the next Consent Calendar for adoption. Given the subsequent delay in
state adoption, the Planning and Development Department decided to withdraw from the consent
calendar at that time in order to consider additional review of some Edmonds -specific amendments.
Staff Recommendation
For the City Council to approve the proposed code amendment and direct staff to prepare an ordinance
for approval on the next Consent Calendar.
Narrative
The proposed revisions to Title 19 ECDC will adopt the 2021 International Codes along with the state
amendments. In addition, Edmonds -specific amendments are proposed to maintain alignment with the
base codes which have been updated. Several of these amendments are made in a continual effort to
better align with the standards and practices of mybuildingpermit.com, a regional collaboration of
jurisdictions which Edmonds is a part of.
This update includes the first-time adoption of the International Wildland Urban Interface Code, in line
with adoption of this same code by the state. Other notable updates include:
ECDC 19.25 Fire Code has been updated to provide codification of some South County Fire
standards.
Building permit and application timelines will be adjusted to allow for additional permit
processing flexibility.
Building code appendices for Solar Readiness and Construction Material Management are
proposed for adoption.
Most other updates involve minor clean-up or provide consistency with the state -approved
2021 International Codes.
To maintain compliance with state and local requirements, the City must adopt the code amendments
prior to March 15, 2024.
Packet Pg. 57
9.1
Attachment A is the updated text of Title 19 in its entirety, showing underline and strike through.
For an explanation of the changes, see the "comments" column of Attachment A. Attachment B is a
clean copy of Title 19.
Attachments:
September 12 2023 PPSP Committee
Title 19 Building Code Updates Slideshow 2.6.24
Title 19 Strike Through Attachment A
Title 19 Clean Copy Attachment B
Packet Pg. 58
°V E Af City of Edmonds
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Building Code Updates 2024
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Leif Bjorback, Building Official
Planning and Development Department
City Council Presentation
February 6, 2024
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2021
Uniform
Plumbing
Code -
1
Packet Pg. 59
9.1.b
City of Edmonds
Building Codes Adopted as of March 15, 2024
2021 International Building Code
2021 International Residential Code
2021 International Mechanical Code
2021 International Fuel Gas Code
2021 International Fire Code
2021 International Existing Building Code
2021 International Property Maintenance Code
2021 International Code Council Performance Code
2021 Washington State Energy Code
2021 Uniform Plumbing Code
2021 International Swimming Pool and Spa Code
2021 International Wildland Urban Interface Code
Current National Electrical Code
WA State Amendments as applicable
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Building codes are adopted by ordinance in Edmonds Community Development Code Title 19
Packet Pg. 60
9.1.b
Building Code - Commercial
2021 IBC Significant Changes
-'�-
Some examples:
• New section regulating Puzzle Rooms
• Changes to Height and Area sections for Mass Timber
construction
• Accessibility changes to require automatic door openers on
certain occupancies; and increased floor spaces to
accommodate larger wheelchairs
• Updates to Concrete design requirements
• State requires EV Charging in most occupancies
• New provisions for Shipping Containers used as buildings
Packet Pg. 61
9.1.b
Building Code - Commercial
Construction and Demolition Material Management
2021 IBC Optional Appendix P
(Not mandatory unless adopted by City)
Purpose: Applies to:
• To increase the reuse and recycling of • New buildings
construction and demolition materials • Alterations over 750 SF or $75,000 valuation
• Demolition over 750 SF or $75,000 valuation
Reauirements:
Separate containers for recyclable and non -
recyclable materials
Salvage Assessment of materials being removed
Waste Diversion Report at completion
11
Packet Pg. 62
9.1.b
11
Residential Building Code 8
2021 IRC Significant Changes
EV Charging in all new homes with garage (State am. to IRC)
Structural requirement changes for wall and roof framing
Wind speeds updated for structural design 2021
New chapter added by state for existing structures
New provisions for Shipping Containers used as houses
Packet Pg. 63
9.1.b
Applies to:
• New construction
Residential Building Code
Solar Ready Provisions
2021 IRC Optional Appendix T
(Not mandatory unless adopted by City)
• With at least 600 SF of roof area,
• Oriented within 1 10' and 270' of
true north.
Exceptions:
Solar ready provisions are not required if
• A permanent on -site solar system is installed
• Roof is shaded
Requirements:
• Minimum 300 SF Solar Ready Zone
• No obstructions
• Capped electrical sleeve thru roof
• Electrical service reserved space
7
Packet Pg. 64
9.1.b
Residential Building Code
Construction and Demolition Material Management
2021 IRC Optional Appendix Y
(Not mandatory unless adopted by City)
Purpose: Applies to:
• To increase the reuse and recycling of • New homes
construction and demolition materials • Alterations over 750 SF or $75,000 valuation
• Demolition over 750 SF or $75,000 valuation
Requirements:
• Separate containers for recyclable and non -
recyclable materials
• Salvage Assessment of materials being removed
• Waste Diversion Report at completion
915 PUC17GV3
Packet Pg. 65
9.1.b
Proposed Title 19 Updates
ECDC 19.00 Building Code
• Updated from 2018 to 2021 version of each published code
• Permit timelines increased for applications and permit life
• Minor amendments for code clarification and cleanup
ECDC 19.05 Residential Code
• IRC FS Fire Area calc now includes garage
ECDC 19.25 Fire Code
• Codification of some South County Fire standards
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9.1.b
Energy Code - Regulatory Requirement
Incremental Improvement Compared to largets
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In the 2009-10 session, the Washington State
Legislature passed a law that requires
construction permitted under the 2031 state
energy code achieve
a 70% percent reduction
in annual net energy consumption,
compared to construction permitted under
the 2006 Washington state energy code.
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9.1.b
Residential Energy Code 8
2021 WSEC Significant Changes
• Air Leakage • Efficiency Package Credits
• Attic Insulation • Existing Buildings
N
• Wall Insulation
• Heating and Cooling Systems
• Water Heating
• Lighting
C.I
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Packet Pg. 68
9.1.b
Commercial Energy Code a
2021 WSEC Significant ChangesU_
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m
• Building Envelope • Efficiency Package Credits
• Mechanical Systems • Existing Buildings N
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• Water Heating
• Electrical Power & Lighting
• Solar Readiness
• On -site Renewable Energy
Packet Pg. 69
9.1.b
Commercial Energy Code
Solar Readiness
• Now required in multifamily buildings and
commercial buildings (new and
significantly altered)
• Size of solar zone determined as % of roof
1•��•W
• Requires providing capacity in electrical
panel, route for future wiring, roof
penetration sleeve for solar ready zones
12
Packet Pg. 70
9.1.b
International Wildland Urban Interface Code
,`w City of Edmonds
Wildland Urban Interface Areas
Legend
WRIdland urban 1"nerface
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Notes
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THS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRICTION
WUI Code - adopted by state
Purpose: To mitigate the risk of wildland
fire spreading to structures and from
structure fires spreading to wildland areas
Construction Reauirements:
• Ignition resistant-
• Roofs
• Eaves
• Siding
• Glazing
• Vents
• Decks
• Spark arrestor on chimney
• Landscape/ vegetation
management
• Defensible space
• Fire access
13
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9.1.b
Timeline
• City Council approval of updated Title 19: February 2024
• State adoption of 2021 WSEC and all 2021 Building Codes:
WS Building Code Council
• Applies to projects applied for
on or after the effective date:
March 15, 2024
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9.1.b
�°V E Af City of Edmonds
Building Code Updates 2024
Questions?
Leif Bjorback, Building Official
Planning and Development Department
City Council Presentation
February 6, 2024
4!&-'A
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Packet Pg. 73
9.1.c
Edmonds
Title 19 BUILDING CODES
Title 19
BUILDING CODES
Chapters
19.00 Building Code
19.05 Residential Building Code
19.07 Flood Damage Prevention
19.10 Building Permits — Earth Subsidence and Landslide Hazard Areas
19.15 Mechanical Code and Fuel Gas Code
19.20 Plumbing Code
19.25 Fire Code
19.30 Energy Code
19.35 International Swimming Pool and Spa Code
19.40 International Property Maintenance Code
19.45 International Code Council Performance Code
19.50 International Existing Building Code
19.52 International Wildland Urban Interface Code
19.55 Electrical Code
19.60 Moving Buildings
19.65 Marinas
19.70 Fees
19.75 Street Names and Address Numbering
19.80 Appeals
19.85 Penalties
19.90 Limitation of Benefited and Protected Classes
19.95 Conversion Condominiums
Page 1/83
The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023.
Packet Pg. 74
9.1.c
Edmonds
Chapter 19.00 BUILDING CODE
Chapter 19.00
BUILDING CODE
Sections:
19.00.000 Purpose.
19.00.005 Referenced codes.
19.00.010 Conflict between codes.
19.00.015 Administrative provisions.
19.00.020 International Building Code adopted.
19.00.025 International Building Code section amendments.
19.00.030 Architectural design review — Optional vesting.
19.00.040 Excluding nonconforming religious building from certain requirements.
19.00.045 Reconstruction of damaged buildings.
Page 2/83
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. [Ord. 4212 § 1 (Att. A), 2021;
Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 1, 2010].
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.
K. "International Code Council Performance Code" shall mean the performance code as adopted and amended in
this title.
L. "International Swimming Pool and Spa Code" shall mean the swimming pool and spa code as adopted and
amended in this title. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Art. A), 2016; Ord. 3926 § 1 (Exh. A), 2013;
Ord. 3796 § 1, 2010].
The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023.
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9.1.c
Edmonds
Chapter 19.00 BUILDING CODE
Page 3/83
M. "International Wildland Urban Interface Code" shall mean the wildland urban interface 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 ECDC 19.00.005 as adopted and subsequently amended by
to
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,
V
shall apply. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 §
)
1, 2010].
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19.00.015 Administrative provisions.
-a
The administrative provisions contained in Chapter 1 of the International Building Code as adopted and
C
subsequently amended by this chapter shall be used as the general administrative provisions for the codes listed in
ECDC 19.00.005(A), (B), (C), (D), anc[#), LI), (L) and (M) unless otherwise required to meet thepurpose of the
Commented [1131-7]: Administrative provisions of IBC = 1
code. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 1,
chapter 1 should apply to I, 1 and M as well as those
2010].
previously stated. See list in 19.00.005 above. J
19.00.020 International Building Code adopted.
m
The International Building Code (IBC), 20, 2021 Edition, published by the International Code Council, as
4)
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. Ord. 4212 § 1 Att. A), 2021; Ord.
4029 § I (Art. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 1, 2010].
19.00.025 International Building Code section amendments.
Q
The following sections of the IBC are hereby amended as follows:
_
A. Section 101.4.3, Plumbing, is amended to read:
N
L
The provisions of the Uniform Plumbing Code shall apply to the installation, alteration, repair and replacement
of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where
r
connected to a water or sewage system and all aspects of a medical gas system.
Q
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B. Section 101.4.6, Energy, is amended to read:
a1
The provisions of the Washington State Energy Code shall apply to all matters governing the design and
OL
construction of buildings for energy efficiency.
H
C. Section 104.3, Notices and Orders, is amended to read:
Y
The building official shall issue all necessary notices or orders to ensure compliance with this code. The
L
N
building official is also authorized to use Chapter 20.110 ECDC for code compliance in addition to the remedies
provided for in this code.
to
D. Section 105.1.1, Annual Permit, is deleted.
=
F
E. Section 105.1.1, Demolition Permits, is added and shall read:
Before the partial or complete demolition of any building or structure (interior or exterior), a demolition permit
tU
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shall be obtained from the building official. The permit fee is established pursuant to Chapter 19.70 ECDC. The
applicant shall also post with the city, prior to permit issuance, a performance bond, or frozen fund, conforming
V
to Chapter 17.10 ECDC herein, in an amount to be determined by the building official to satisfy all city
w
requirements no later than 180 days after the issuance of the permit. The demolition performance bond or frozen
Q
fund shall not be released until the building official determines the following requirements have been
completed:
The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023.
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9.1.c
Edmonds
Chapter 19.00 BUILDING CODE
Page 4/83
1. Cap Abandoned Sanitary Sewers. Septic tanks shall be pumped, collapsed and removed and/or filled with
earth, sand, concrete, CDF or hard slurry.
2. 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 1804.2-3 for clean fill.
3. 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 or
maintained on street right-of-way (including alleys) without a permit issued pursuant to Chapter 18.60 or 18.70
of the Edmonds Community Development Code.
4. Repair of any damage to, and restoration of, any public property to substantially original conditions, i.e.,
alley, street, sidewalk, landscaping, water, sewer, storm and other utilities, rockeries, retaining walls, etc, in
accordance with this code and the City's engineering requirements.
5. Grading of Site Back to Original Topography Grades. Basements shall be filled and compacted to 90 percent
as verified by a special inspector. "Structural fill" is deemed as any fill placed below structures, including slabs,
where the fill soils need to support loads without unacceptable deflections or shearing. Structural fill shall be
clean and free draining, placed above unyielding native site soils and compacted to a minimum of 90 percent
modified proctor, per ASTM D 1557.
6. Temporary erosion control shall be installed and maintained per Chapter 18.30 ECDC.
F. Section 105.1.2, Annual Permit Records, is deleted.
G. 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. Permit exemptions shall not apply to work
that is not entirely within a building when located in areas of flood hazard or areas within the designated
Wildland Urban Interface. -
Permits shall not be required for the following unless required by the provisions of ECDC Title 23 or lifni ed or
prohibited by the pr-evisions of Chapter 19.10 ECDC:-
1. Building (general):
(a) One (1) story detached accessory structures used as tool and storage sheds, playhouses and similar uses;
provided the floor area (including 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 4 feet (1,219 mm) 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:
i. Supporting a surcharge; or
ii. Impounding Class I, II, III -A liquids; or
iii. Subject to the provisions of Chapter 23.50 ECDC or Chapter 23.80 ECDC.
(e) Rockeries. Construction of rockeries is limited as specified elsewhere in this code.
The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023.
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9.1.c
Edmonds
Chapter 19.00 BUILDING CODE
Page 5/83
(f) Water tanks supported directly upon grade if the capacity does not exceed 5,000 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 provided that existing,
required accessible features are not altered.
(i) Temporary motion picture, television and theater stage sets and scenery.
0) 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.
(1) 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.
(m) Repair of appliances which do not alter original approval, certification, listing or code.
(n) Replacement or adding new insulation with no drywall removal or placement.
(o) Replacement or repair of existing gutters or downspouts.
(p) The following types of signs are exempt from permit requirements except that dimensional size and
placement standards shall comply with Chapter 20.60 ECDC:
i. Replacing the panel on a previously permitted existing wall cabinet or pole sign,
ii. Repainting an existing previously permitted wood sign,
iii. Painted or vinyl lettering on storefront windows,
iv. Governmental signs, campaign signs, official public notices, and signs required by provision of local, state,
or federal law,
v. Temporary signs announcing the sale or rent of property and other temporary signs as described in ECDC
20.60.080,
vi. Signs erected by the transportation authorities, and temporary seasonal and holiday displays.
2. Mechanical:
(a) Portable heating, ventilation, cooling, cooking or clothes drying appliances.
(b) Replacement of any part that does not alter approval of equipment or make such equipment unsafe.
(c) Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a
power grid.
(d) Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.
(e) Portable evaporative cooler.
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(f) Self-contained refrigeration systems containing ten (10) pounds or less of refrigerant or that are actuated by
motor of one (1) horsepower or less.
3. Plumbing:
(a) 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.
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(b) Reinstallation or replacement of approved prefabricated plumbing fixtures that do not involve or require the
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replacement or rearrangement of valves or pipes.
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4. Residential permit exemptions:
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In addition the following exemptions apply for single family dwellings:
to
(a) One (1) story detached accessory structures used as tool and storage sheds, playhouses and similar uses;
provided the floor area (including 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 exempted.
m
(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.
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(c) Sport courts less than 2,000 square feet.
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(d) Dock repair of individual decking members. ECDC Title 24 provisions shall apply.
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(e) Replacement or repair of existing non-structural exterior siding. This exemption does not include siding
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systems such as stucco, EIFS or wood panel sheathing.
(f) Replacement or repair of existing windows or doors provided; no alteration of structural members is
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required, safety glazing is provided where required, glazing U-value meets prescriptive requirements of the
energy code, fall protection is provided where required, and egress requirements are maintained.
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(g) Minor like -for -like drywall repairs not involving fire -rated assemblies.
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(h) Replacement or repair of decking, or individual joists, stair treads, or intermediate rails.
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(i) Uncovered platforms, decks, patios that are not more than thirty (30) inches above grade (measured
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vertically to the grade below at any point within 36 inches of the outer edge of the deck).
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(j) Canopies, as defined in ECDC 17.70.035, accessory to a single family dwelling, with a floor area measured
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to the exterior wall or post not to exceed 200 square feet, for covered storage, carport or similar use.
(k) Reroof overlays. Overlays are not permitted over slate, clay or cement tiles, or where the existing roof has
two or more applications of any type of roofing.
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H. Section 105.3.2, Time Limitation of Permit Application, is amended to read:
1. Applications, for which no permit is issued within 12_months following the date of application, shall _
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- Commented [BL2]: Many projects are now needing d 1
expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant
longer application life due to many reasons. MBP com J
or destroyed by the building official.
code allows 18 months. C�
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2. The building official may extend the time for action by the applicant for a period not exceeding 480-days6
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months prior to such expiration date.
3. No application shall be extended more than once for a total application life of 360-&l ,sl8 -e*eeptmonths
except as allowed within this section. In the event of application
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expiration, the applicant shall submit a new application, revised plans based on any applicable code or
ordinance change, and pay new plan review fees.
4. The Building Official may extend the life of an application if any of the following conditions exist:
(a) Compliance with the State Environmental Policy Act is in progress; or
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(b) Any other City review is in progress; provided, the applicant has submitted a complete response to City
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requests or the Building Official determines that unique or unusual circumstances exist that warrant additional
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time for such response and the Building Official determines that the review is proceeding in a timely manner
toward final City decision; or
(c) Litigation against the City or applicant is in progress, the outcome of which may affect the validity or the
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provisions of any permit issued pursuant to such application.
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I. Section 105.3.3, Fully Complete Application, is added and reads:
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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
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agent(s) for such owners, containing each and every document required under the terms of these ordinances and
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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
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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
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application and supporting documents shall be stamped and/or certified by the appropriate engineering,
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surveying or other professional consultants. A fully complete building permit application shall be accompanied
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by all required intake fees, including but not limited to plan review fees required under the provisions of this
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chapter and code. �oi{ mechanical, plumbing and fire permit applications related to the scone of work identified
Commented [BL3]: This is what Edmonds has been
in a building permit application, all applicable construction codes adopted and in force at the time of filing of
practicing and now wishes to codify. It is consistent wi
the complete building permit application will apply.
other MBP jurisdictions.
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J. Section 105.3.4, Concurrent Review, is added and reads:
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An applicant may submit an application for building permit approval and request plan review services
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concurrently with, or at any time following, the submittal of a complete application for any necessary or
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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
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acknowledges that the building permit application is subject to any conditions or requirements imposed
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pursuant to the review and approval of any necessary or required discretionary permit or approvals. The
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applicant shall solely bear the risk of building permit submittal with discretionary permit approval. If, after
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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
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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
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payment of full plan review fees.
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K. Section 105.5, Permit Expiration and Extension, is amended to read:
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1. Every permit issued under ECDC Title 19 shall expire by limitation 360 daYs2 years after issuance, eept
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2. Durind or after a declared emergency covered under RCW chapter 38.52, the building official may. authorize _ _
- Commented [BL4]: New section based on MBP Con
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one 6-month extension to an unexpired permit if the building official finds that the state of emergency resulted
code.
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in a stoppage of work or substantial construction delay
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2. The, fiillsiming paimits shall expire by lifnitatien, 1190 days _ _ _ _ _ end -may _ _ _ _ _ _ _ _ _ _ _ _ __ _ _
Commented [BL5]: COE Permit Coodinators recomr
tffiless they are aqsReiate'd ivith a Primary building pei:mit for a larger eenstmefien pfejeet, in Whieh ease
changing to 2 years for all permits. King county plans t
tl. e.. ....... «..«with the life of the prima.« nefmit•
allow 2 years with a 1 year extension. See mbp comm(
code 105.5.
Demolition �T
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De««.:t.. C « Moving a Buildings required by Chapter 19.60 C!`DC;
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Tank removal, tank fill or tank placement permits;
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to
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Plumbing- permits,
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Gaspipingpertnits
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permits;Deck and dock
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Fence
permit&-,
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«eefpeffnA..
Retaining. ...g.11 permits;�
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Swimming peal hot tub and spa peffnits
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permits;
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Foundation
3. PrieF to expiratien of an aetive pafmit the applieant may request in writing an extensien for an additional
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provided there has been sit lamt inspeetien by the building
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year. one (1) required pragFess eandueted eib,
inspeeter be Permit f�eq be
prior- to the exteasion, the permit qhA-11 extencled'. shall chafged a4 a rate of one
quarter the original building. « permit fee tee end the permit.
43. If the applicant cannot complete work issued -under an extmdedissued permit within a total period of two
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(2) years, the applicant may request in writing, prior to the second year expiration, an extension for a third and
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final year. provided there has been at least one (1) reVi-ed- 'pro—presq ifis'peetion eandueted by the eity building
:n net - after the n«evietis extension the «efmit shall be exten,le l Permit fees shall be char ed at a rate of one
_ _ _ _ _ _ _ _ _ _ _ _� _ _ _ _ _ _ _ _ _ _ - -
Commented [BL6]: Removing the requirement for
4 1
quarter the original building permit fee to extend the permit.
progress inspection. MBP Common code does not regi
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34. The maximum amount of time any building permit may be extended shall be a total of three (3) years. At
progress inspection.
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the end of any three (3) year period starting from the original date of permit issuance, the permit shall become
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null and void and a new building permit shall be required, with full permit fees, in order for the applicant to
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complete work. The voiding of the prior permit shall negate all previous vesting of zoning or Building codes.
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Whenever an appeal is filed and a necessary development approval is stayed in accordance with ECDC
20.06.030 the time limit periods imposed under this section shall also be stayed until final decision.
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65. Qa permit expired without final inspection and no further work was performed during the expiration period, _ _ -
Commented [BL7]: New section based on MBP Corr
1
the building official may authorize a 30-day extension to an expired permit for the pumose of performing a final
code and is consistent with our current practice.
inspection and closing out the permit as long as not more than 490-days6 months has passed since
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the permit expired. The 30-day extension would commence on the date of written approval. If work required
under a final inspection is not completed within the 30-day extension period, the permit shall expire. However,
the building official may authorize an additional 30-day extension if conditions outside of the applicant's control
exist and the applicant is making a good faith effort to complete the permitted work.
67. The building official may reject requests for permit extension where he or she 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.
L. Repealed by Ord. 3926.
M. 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.
N. Section 113, Beaxl-Means of Appeals, is deleted and replaced by Chapter 19.80 ECDC.
O. Section 202, the definition of HIGH-RISE BUILDING, is amended to read:
HIGH-RISE BUILDING. A building with an occupied floor or rooftop located more than 75 feet (22,860 mm)
above the lowest level of fire department vehicle access.
P. Section 502.1, 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.
Q. Section 903.2 is amended to read:
Where Required. Approved automatic fire sprinkler systems in new buildings and structures shall be provided
in the locations described in Sections 903.2.1 through 903.2.13.
R. Section 903.2.13 is added to read:
Automatic fire sprinkler systems shall be provided as required by ECDC 19.25.035A.
S. Section 903.3.7 is amended to read:
Fire department connections shall be installed in accordance with Section 912 and ECDC 19.25.935H035C.
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T. Section 907.2 is amended to read:
Page 10/83
Where required —New buildings and structures. An approved fire alarm system installed in accordance with this
code and NFPA 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1
through 907.2.24 and provide occupant notification in accordance with Section 907.5, unless other requirements
are provided by another section of this code.
U. Section 907.2.24 is added to read:
Fire alarm and detection system shall be provided as required by ECDC 19.25.035C-035D.
V. Section 1608.1, General, is amended to read:
Design snow loads shall be determined in accordance with Chapter 7 of ASCE 7, but the design roof snow load
shall not be less than that determined by Section 1607, or 25 pounds per square foot, whichever is greater.
W. Section 3108.1.1, Radio, Television and Cellular Communication Related Equipment and Devices, is added and
reads:
A permit shall be required for the installation or relocation of commercial radio, television or cellular tower
support structures including monopoles, whip antennas, panel antennas, parabolic antennas and related
accessory equipment, and accessory equipment shelters (regardless of size) including roof mounted equipment
shelters.
X. Section 3109.2, Applicability and Maintenance, is added and reads:
1. Swimming pools, hot tubs and spas of all occupancies shall comply with the requirements of this section and
other applicable sections of this code.
2. It is the responsibility of the owner to maintain a swimming pool, hot tub or spa in a clean and sanitary
condition and all equipment shall be 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 in a clean and sanitary condition or its equipment in accord with manufacturers
recommendations shall be determined to be a hazard to health and safety and shall be properly mitigated to the
satisfaction of the building official.
Y. Section 3109.3, 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.
Z. Section 3109.4, 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.
AA. Section 3109.5, 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) requires a permit. It shall be reviewed and approved by the public works director.
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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.
BB. Section 3109.9, 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.
CC. Appendix E, Accessibility Requirements, is amended by deleting Sections El07, El08, El 10 and El 11.
DD. Appendix H, Signs, is amended as follows:
1. Section H101.2, Signs exempt from permits, is replaced by subsection (E)(1)(p) of this section.
2. Section 11101.2.1, Prohibited signs, is added and reads as follows:
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.
[Ord. 4212 § 1 (Att. A), 2021; Ord. 4199 § 4 (Att. D), 2020; Ord. 4154 § 9 (Att. D), 2019; Ord. 4111 § 2 (Exh.
2), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 4026 § 2 (Att. B), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3845
6, 2011; Ord. 3796 § 1, 2010].
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 building 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, and 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.
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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 are 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 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 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 I80-days6 months f4ollowing 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 19.00.025 as the same
exists or is hereafter amended. No application shall be extended more than once. in order to renew
^-��-In the event of application 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
107. It is anticipated that minor adjustments and changes may usually required to the plans
submitted as a result of the plan review and administrative process_; pro—iidea--that « t e 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.
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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 the 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. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 §
1 (Ali. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 1, 2010].
19.00.040 Excluding nonconforming religious building from certain requirements.
Existing legal nonconforming churches, synagogues, mosques and other buildings used for religious observance
(hereinafter "church" or "churches") are hereby excluded from any requirement of the State Building Code which
would be triggered by a change of use as specifically limited and set forth herein:
A. This change in use exclusion is limited solely to a change in use for the provision of emergency housing to the
homeless and other indigent persons. The term "emergency" shall mean the housing of indigent and homeless
persons when the ambient temperature is forecast by the National Weather Service to be below 33 degrees for a
four-hour overnight period or when wind chill, violent storms or other inclement conditions present a direct threat to
the lives of homeless and other indigent persons without shelter. Such danger could include, but is not limited to, the
threat presented by carbon monoxide poisoning for persons attempting to take shelter in cars or other vehicles with
the motor running.
B. In order to claim this exclusion, a church shall:
1. Be a legal nonconforming structure prior to the provision of emergency housing for the homeless and
indigent. In the alternative, a church may establish that it has previously provided overnight housing to
members of its congregation or the public in emergencies, for educational, religious or other purposes.
2. Maintain a "fire watch." The term "fire watch" shall mean the maintenance during all times when indigent
housing services are provided of a watch by paid staff or volunteers who shall, on premises, monitor for fires or
violations of no smoking prohibitions. At least one fire monitor shall be provided for each eight persons
housed.
3. Provide an operational smoke detection system
4. Prohibit the smoking of tobacco or similar products on the premises and prohibit the use of any open flame
in the area in which the homeless or indigent persons are temporarily housed.
5. Maintain clear and unobstructed means of egress. Exits must not be locked in the direction of egress unless a
special egress control device is installed in accordance with the building code.
C. The application of this exclusion is intended to fulfill the city's obligation to provide flexibility and consider
reasonable alternatives in the application of the rigid requirements of the State Building Code. The building official
is directed to avoid technical inflexibility, to consider the use of any reasonable alternative which would provide the
minimum protections required either under the State Building Code or this exclusion and to be flexible when
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Chapter 19.00 BUILDING CODE
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considering alternative approaches to the specific requirements set forth above. All decisions by the building official
shall be in writing and articulate the public interest to be served as well as an analysis of the alternatives.
D. These provisions are for the purpose of providing for and promoting the health, safety and welfare of the general
public. See Chapter 19.90 ECDC, Limitation of Benefited and Protected Classes. [Ord. 4212 § 1 (Att. A), 2021;
Ord. 4029 § 1 (Aft. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 1, 2010].
19.00.045 Reconstruction of damaged buildings.
For any structure that is destroyed, damaged or demolished in an amount equal to 75 percent or more of its
replacement cost at the time of destruction, the reconstruction shall be considered to be under the category of "new"
construction. Determination of replacement costs and the level of destruction shall be made by the building official
and shall be appealable as a Type I1 staff decision under the provisions of Chapter 20.06 ECDC. The "new"
construction will be subject to all applicable requirements of the Edmonds Community Development Code for a new
building, including but not limited to zoning, utilities and site -related features; provided, that Chapter 17.40 ECDC
also applies to certain requirements for nonconforming buildings and uses. [Ord. 4212 § 1 (Art. A), 2021; Ord. 4151
§ 3 (Art. A), 2019].
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Chapter 19.05 RESIDENTIAL BUILDING CODE
Chapter 19.05
RESIDENTIAL BUILDING CODE
Sections:
19.05.000
International Residential Code adopted.
19.05.010
Chapter 1 not adopted.
19.05.015
Other chapters not adopted.
19.05.020
Section amendments.
19.05.025
Applicability of International Residential Code.
19.05.030
Manufactured home installation standards.
Page 15/83
19.05.000 International Residential Code adopted.
The International Residential Code (IRC), 2418-2021 Edition, published by the International Code Council, as
amended by the Washington State Buildin Code Council in Chapter 51-51 WAC, and as subsequently amended by
this chapter, is hereby adopted along with Appendix Chapters " BC—, E, F, & and T U and Y_ Ord. 4212 § 1 _
(Att. A), 2021; Ord. 4029 § 1 (Aft. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3819 § 1, 2010; Ord. 3796 § 2,
2010]. y
19.05.010 Chapter 1 not adopted.
Chapter 1 is not adopted, except as provided for in ECDC 19.00.015. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1
(Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 2, 2010].
19.05.015 Other chapters not adopted.
Chapters 11, 20 and 21,, and Part VII, Plumbing, and Part VIII, Electrical, are not adopted. See Chapter 19.20 ECDC
for adopted plumbing code and Chapter 19.55 ECDC for adopted electrical code. [Ord. 4212 § 1 (Att. A), 2021;
Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013].
19.05.020 Section amendments.
The following sections of the IRC are hereby 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 non -reducible; Roof Snow Load = 25 psf non -reducible
2. Wind Speed(d) = Basie — 83 ph; T ,«:.. at _ , , n 98 mph
3. Topographical effects(k) = No
4. Seismic Design Category(f) = D1
5. Weathering(a) = moderate
6. Frost Line Depth(b) = 18 inches for primary structures; 12 inches for porches and decks
7. Termite(c) = slight to moderate
8. Winter Design Temp(e) = 27 degrees F
9. Flood Hazard(g) = NFIP adoption 8/8/78. Date of current FIS 6/19/20; FIRM maps
6/19/20_
10. Ice Shield Underlayment(h) = not required
11. Air Freezing Index(i) = 175
12. Mean Annual Tempo) = 50 degrees F
The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023.
Commented [BL8]: Delete AA, AB, AC as these are r
informational.
Keep
AE Mfd Hsg;
AF Radon - regd by WS;
AK Sound transmission;
AQTiny houses - regd by WS;
Commented [1311.9118]: A, B, C, E, F, K, and Q are the
as in the 2018 IRC.
Commented [BL10118]: Proposed Appx T Solar Rea
Proposed Appx U Fire Sprinklers - regd by WS;
Proposed Appx Y Construction and Demolition Mat
Management
1. The state building code council has determined that
local ordinance requiring a solar -ready zone, or requir
fire sprinklers in accordance with Appendix R, S, or V c
chapter may be adopted by any local government upo
notification of the council.
2. Appendix F, Radon Control Methods, Appendix Q, T
Homes, and Appendix U, Dwelling Unit Fire Sprinkler
Systems, are included in adoption of the International
Residential Code.
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Chapter 19.05 RESIDENTIAL BUILDING CODE
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B. Section R313, Automatic fire sprinkler system, is amended to read:
1. An approved automatic fire sprinkler system shall be installed in new buildings containing three (3) or more
attached dwelling units. Refer to ECDC 19.25.035.
2. An approved automatic fire sprinkler system shall be installed in new one -family and two-family dwellings
and townhouses exceeding 3,000 square feet of fire area.,IFod the purposes of this section fire area shall include __ _
- Commented [BL77]: Consistent with SC Fire standai y
all areas of the primary structure including all dwelling units, attached garages and covered porches and patios.
neighboring cities.
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3. The design and installation of residential fire sprinkler systems shall be in accordance with NFPA 131)-and
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the following:
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a. All systems shall include a main pressure gauge and a main drain plumbed to the exterior for fire
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operations and maintenance pumoses.
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b. Snrinkler supply risers shall be connected to the domestic plumbing supply in such a manner that
prevents the sprinkler system from being shut off without turning off the main domestic water
supply.
C. For flow -through systems a sink or toilet shall be connected to the sprinkler system with at least
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one domestic connection on each floor.
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d. Where fire sprinkler systems are installed, all fuel fired equipment (water heater, furnace, BBO,
exterior heaters, etc.) and appliances where located under combustible construction shall be
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protected by a minimum of one (1) sprinkler head.
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Emotion: Equipment and appliances located under exterior projections less than 48 inches.
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e. In addition to signage required by the NFPA, a red placard with one-half inch ('W) white lettering
"THIS
reading VALVE SHUTS OFF THE DOMESTIC WATER AND FIRE SPRINKLER
SYSTEM" shall be permanently installed at the main supply valve location.
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f. A red placard with one-half inch (1/2") white lettering reading "DRAIN VALVE" shall be
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permanently installed at the main drain valve location.
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C. Any definitions in Appendix E, entitled "Manufactured Housing Used as Dwellings," which are inconsistent with
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definitions set forth in this chapter, including the definitions of "manufactured home" and "mobile home" in
AE201.1, are not adopted, and the definitions set forth in this chapter shall prevail. [Ord. 4212 § 1 (Att. A), 2021;
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Y
Ord. 4199 § 3 (Art. C), 2020; Ord. 4029 § 1 (Art. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3819 § 2, 2010; Ord.
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3796 § 2, 2010].
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19.05.025 Applicability of International Residential Code.
A. Definitions.
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1. "Manufactured home" means a factory -built dwelling that is built in accordance with regulations adopted
F
under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et
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seq.).
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2. "Modular home" means a dwelling that is constructed in a factory in one or more modules, each of which:
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a. Meets applicable state and city building codes; and
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b. Is transported to the home building site, installed on foundations, and completed.
3. "Mobile home" means a factory -built dwelling built before June 15, 1976, to standards other than the
National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.), and
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Chapter 19.05 RESIDENTIAL BUILDING CODE
acceptable under applicable state codes in effect at the time of construction or introduction of the home into this
state.
B. Applicability of the IRC.
1. The International Residential Code (IRC) does not apply to the construction or installation of manufactured
homes, except to the extent that Appendix E of the IRC applies.
The International Residential Code does apply to the construction of modular homes. [Ord.
4212 § 1 (Aft. A), 2021].
19.05.030 Manufactured home installation standards.
A. Local Authority Related to Manufactured Homes.
1. The city establishes standards for manufactured homes governing the building site and performs installation
inspections. "Installation" is the activity needed to prepare a building site and to set a manufactured home
within that site.
2. The building official shall have the authority to enforce city regulations governing the building site and
installation of a manufactured home.
3. The city shall have the authority to ensure that self-supporting awnings, carports, porches and similar
structures or additions comply with applicable regulations.
4. Chapter 296-150M WAC, as currently promulgated together with any future amendments thereof, or future
additions thereto, is hereby adopted. 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.
5. The installation of manufactured homes shall be enforced and fees charged by the city in the same manner
the State Building Code is enforced under RCW 19.27.050. Fees for the installation of a manufactured home
shall be as set forth in Chapter 19.70 ECDC. All other applicable development fees shall also be imposed as
with any other single-family residence.
6. Manufactured homes to be placed within the city shall be "new manufactured homes" as defined in RCW
35.63.160(2). The applicant is required to provide the vehicle identification number (VIN) or serial number.
7. Manufactured homes shall be set upon a permanent foundation, as specified by the manufacturer, and the
space from the bottom of the home to the ground shall be enclosed by concrete or an approved concrete product
which can be either load bearing or decorative.
8. Manufactured homes shall comply with all local design standards applicable to all other homes within the
neighborhood in which the manufactured home is to be located.
9. Manufactured homes shall be thermally equivalent to the current State Energy Code. [Ord. 4212 § 1 (Att. A),
2021; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 2, 2010].
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Chapter 19.07 FLOOD DAMAGE PREVENTION
Chapter 19.07
FLOOD DAMAGE PREVENTION
Sections:
19.07.000
Purpose.
19.07.010
Applicability.
19.07.020
Definitions.
19.07.025
Administration.
19.07.030
International Building Code section amendments.
19.07.040
International Residential Code section amendments.
19.07.050
Habitat assessment.
19.07.060
Review of building permits.
19.07.065
Changes to special flood hazard areas (SFHA).
19.07.070
Anchoring.
19.07.080
Subdivision proposals and development.
19.07.090
Manufactured homes.
19.07.095
General requirements for other development.
19.07.100
All other building standards apply.
19.07.110
Variance.
Page 18/83
19.07.000 Purpose.
It is the purpose of this chapter to promote the public health, safety, and general welfare; reduce the annual cost of
flood insurance; and minimize public and private losses due to flood conditions in specific areas by provisions
designed to:
A. Protect human life and health;
B. Minimize expenditure of public money for costly flood control projects;
C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense
of the general public;
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities, such as water and gas mains; electric, telephone, and sewer
lines; and streets and bridges located in flood hazard areas;
F. Help maintain a stable tax base by providing for the sound use and development of flood hazard areas so as to
minimize blight areas caused by flooding;
G. Notify potential buyers that the property is in a special flood hazard area;
H. Notify those who occupy flood hazard areas that they assume responsibility for their actions; and
I. Participate in and maintain eligibility for flood insurance and disaster relief. [Ord. 4199 § 1 (Art. A), 2020].
19.07.010 Applicability.
A. Lands to Which This Chapter Applies. This chapter shall apply to all special flood hazard areas within the
boundaries of the city of Edmonds.
B. Basis for Establishing the Areas of Special Flood Hazard. The special flood hazard areas identified by the Federal
Insurance Administrator in a scientific and engineering report entitled "The Flood Insurance Study (FIS) for
Snohomish County, Washington, and Incorporated Areas" dated June 19, 2020, and any revisions thereto, with
accompanying flood insurance rate maps (FIRMs), and any revisions thereto, are hereby adopted by reference and
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Chapter 19.07 FLOOD DAMAGE PREVENTION
declared to be a part of this chapter. The FIS and the FIRM are on file at the development services department at 121
5th Avenue North.
The best available information for flood hazard area identification as outlined in Section G103.3 shall be the basis
for regulation until a new FIRM is issued that incorporates data utilized under Section G103.3. [Ord. 4199 § 1 (Art.
A), 2020].
19.07.020 Definitions.
The following definitions apply to this chapter:
A. "Alteration of watercourse" means any action that will change the location of the channel occupied by water
within the banks of any portion of a riverine waterbody.
B. "Area of special flood hazard" means the land in the floodplain within a community subject to a one percent or
greater chance of flooding in any given year. It is shown on the flood insurance rate map (FIRM) as zone A, AO,
AH, Al-30, AE, A99, or AR (V, VO, V 1-30, VE). "Special flood hazard area" is synonymous in meaning with the
phrase "area of special flood hazard."
C. "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year (also
referred to as the "100-year flood").
D. "Base flood elevation (BFE)" means the elevation to which floodwater is anticipated to rise during the base
flood.
E. "Basement" means any area of the building having its floor sub -grade (below ground level) on all sides.
F. "Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a
primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or
seismic sources. The area is designated on the FIRM as zone V 1-30, VE or V.
G. "Development" means any manmade change to improved or unimproved real estate, including but not limited to
buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage
of equipment or materials located within the area of special flood hazard.
H. "Elevation certificate" means an administrative tool of the National Flood Insurance Program (NFIP) that can be
used to provide elevation information, to determine the proper insurance premium rate, and to support a request for a
letter of map amendment (LOMA) or letter of map revision based on fill (LOMR-F).
I. "Flood or flooding" means:
1. A general and temporary condition of partial or complete inundation of normally dry land areas from:
a. The overflow of inland or tidal waters.
b. The unusual and rapid accumulation or runoff of surface waters from any source.
c. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (1)(1)(b)
of this section and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas,
as when earth is carried by a current of water and deposited along the path of the current.
2. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or
undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by
an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated
force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable
event which results in flooding as defined in subsection (I)(1)(a) of this section.
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Chapter 19.07 FLOOD DAMAGE PREVENTION
J. "Flood elevation study" means an examination, evaluation and determination of flood hazards and, if appropriate,
corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow)
and/or flood -related erosion hazards. Also known as a flood insurance study (FIS).
K. "Flood insurance rate map (FIRM)" means the official map of a community, on which the Federal Insurance
Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community.
A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).
L. "Floodplain" or "flood -prone area" means any land area susceptible to being inundated by water from any source.
See "Flood or flooding."
M. Floodplain Administrator. The building official is designated to administer and enforce the floodplain
management regulations.
N. "Floodplain management regulations" means zoning ordinances, subdivision regulations, building codes, health
regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control
ordinance) and other application of police power. The term describes such state or local regulations, in any
combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
O. "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to
structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary
facilities, structures, and their contents. Floodproofed structures are those that have the structural integrity and
design to be impervious to floodwater below the base flood elevation.
P. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or
carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary
for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not
include long term storage or related manufacturing facilities.
Q. "Habitat assessment" means a written document that describes a project, identifies and analyzes the project's
impacts to habitat for species discussed in the "Endangered Species Act — Section 7 Consultation Final Biological
Opinion and Magnuson -Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation for
the Implementation of the National Flood Insurance Program in the State of Washington, Phase One Document —
Puget Sound Region," and provides an effects determination.
R. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to
the proposed walls of a structure.
S. "Historic structure" means any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the
Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual
listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical
significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a
registered historic district;
3. Individually listed on a state inventory of historic places in states with historic preservation programs which
have been approved by the Secretary of the Interior; or
4. Individually listed on a local inventory of historic places in communities with historic preservation programs
that have been certified either:
a. By an approved state program as determined by the Secretary of the Interior, or
b. Directly by the Secretary of the Interior in states without approved programs.
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Chapter 19.07 FLOOD DAMAGE PREVENTION
T. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood
resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement
area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the
structure in violation of the applicable nonelevafron design requirements of this chapter (i.e., provided there are
adequate flood ventilation openings).
U. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent
chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The
term "manufactured home" does not include a "recreational vehicle."
"Mean sea level" means, for purposes of the National Flood Insurance Program, the vertical datum to which base
flood elevations shown on a community's flood insurance rate map are referenced.
W. `flew construction" means, for the purposes of determining insurance rates, structures for which the "start of
construction" commenced on or after the effective date of an initial flood insurance rate map or after December 31,
1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management
purposes, "new construction" means structures for which the "start of construction" commenced on or after the
effective date of a floodplain management regulation adopted by a community and includes any subsequent
improvements to such structures.
X. "Start of construction" includes substantial improvement and means the date the building permit was issued,
provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other
improvement was within 180 days from the date of the permit. The actual start means either the first placement of
permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor
does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a
substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other
structural part of a building, whether or not that alteration affects the external dimensions of the building.
Y. "Structure" means, for floodplain management purposes, a walled and roofed building, including a gas or liquid
storage tank, that is principally above ground, as well as a manufactured home.
Z. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before damaged condition would equal or exceed 50 percent of the replacement cost of the structure
before the damage occurred.
AA. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a
structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of
construction" of the improvement. This term includes structures which have incurred "substantial damage,"
regardless of the actual repair work performed. The term does not include any alteration of a "historic structure,"
provided that the alteration will not preclude the structure's continued designation as a "historic structure."
BB. "Variance" means a grant of relief by a community from the terms of a floodplain management regulation.
CC. "Water surface elevation" means the height, in relation to the vertical datum utilized in the applicable flood
insurance study of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. [Ord.
4199 § 1 (Art. A), 2020].
19.07.025 Administration.
A. Establishment of a Development Permit.
1. Development Permit Required. A development permit shall be obtained before construction or development
begins within any area of special flood hazard established in ECDC 19.07.010. The permit shall be for all
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Chapter 19.07 FLOOD DAMAGE PREVENTION
Page 22/83
structures including manufactured homes, as set forth in ECDC 19.07.020, Definitions, and for all development
including fill and other activities, also as set forth in ECDC 19.07.020, Definitions.
2. Application for Development Permit. Application for a development permit shall be made on forms
furnished by the floodplain administrator and may include, but not be limited to, plans in d drawn to
scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed
structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the
following information is required:
a. Elevation in relation to mean sea level of the lowest floor (including basement) of all structures
recorded on a current elevation certificate with subsection (B) of this section completed by the floodplain
administrator;
b. Elevation in relation to mean sea level to which any structure has been floodproofed;
c. Where a structure is to be floodproofed, certification by a registered professional engineer or architect
that the floodproofmg methods for any nonresidential structure meet floodproofmg criteria in the IBC;
d. Description of the extent to which a watercourse will be altered or relocated as a result of proposed
development;
e. Where a structure is proposed in a V, V 1-30, or VE zone, a V-zone design certificate; and
f. Any other such information that may be reasonably required by the floodplain administrator in order to
review the application.
B. Designation of the floodplain administrator. The building official is hereby appointed to administer, implement,
and enforce this chapter by granting or denying development permits in accordance with its provisions. The
floodplain administrator may delegate authority to implement these provisions.
C. Duties and responsibilities of the floodplain administrator shall include, but not be limited to:
1. Permit Review. Review all development permits to determine that:
a. The permit requirements of this chapter have been satisfied;
b. All other required state and federal permits have been obtained;
c. The site is reasonably safe from flooding;
d. Notify FEMA when annexations occur in the special flood hazard area.
2. Use of Other Base Flood Data in A and V Zones. When base flood elevation data has not been provided (in
A or V zones) in accordance with ECDC 19.07.010, the floodplain administrator shall obtain, review, and
reasonably utilize any base flood elevation data available from a federal, state, or other source, in order to
administer this chapter.
3. Information to Be Obtained and Maintained.
a. Where base flood elevation data is provided through the FIS, FIRM, or required as in subsection (C)(2)
of this section, obtain and maintain a record of the actual (as -built) elevation (in relation to mean sea level)
of the lowest floor (including basement) of all new or substantially improved structures, and whether or
not the structure contains a basement.
b. Obtain and maintain documentation of the elevation of the bottom of the lowest horizontal structural
member in V or VE zones.
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Chapter 19.07 FLOOD DAMAGE PREVENTION
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c. For all new or substantially improved floodproofed nonresidential structures where base flood elevation
data is provided through the FIS, FIRM, or as required in subsection (C)(2) of this section.
d. Obtain and maintain a record of the elevation (in relation to mean sea level) to which the structure was
floodproofed.
e. Maintain the floodproofing certifications required in subsection (A) of this section.
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f. Records of all variance actions, including justification for their issuance.
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g. Improvement and damage calculations.
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It. Maintain for public inspection all records pertaining to the provisions of this chapter.
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4. Alteration of Watercourse. Whenever a watercourse is to be altered or relocated:
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a. Notify adjacent communities and the Department of Ecology prior to such alteration or relocation of a
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watercourse, and submit evidence of such notification to the Federal Insurance Administrator through
appropriate notification means;
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b. Assure that the flood carrying capacity of the altered or relocated portion of said watercourse is
maintained. [Ord. 4199 § 1 (Art. A), 2020].
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19.07.030 International Building Code section amendments.
The following sections of the IBC are hereby amended as follows:
A. Section 110.3.3, Lowest floor elevation, is amended to read:
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In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical
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construction, the elevation certification required in Section 1612.3 4 shall be submitted to the building official.
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Prior to final inspection approval, the building official shall require an elevation certificate based on finished
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construction prepared and sealed by a State licensed land surveyor.
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B. Section 1612.1.1, Residential Structures, is added and reads:
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Any residential or commercial structure located in a flood hazard area, that is destroyed, damaged or
demolished in an amount equal to 50 percent or more of its replacement cost at the time of destruction, shall not
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be reconstructed except in full conformance with all provisions of this chapter and other local, state and federal
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regulations.
H
C. Section 1612.4.1, Lowest Floor Elevation, is added and reads:
N
Y
L
For buildings in all structure categories located in the Coastal High Hazard Areas and Coastal A Flood Zones,
N
the elevation of the lowest floor shall be a minimum of two feet above the base flood elevation, as determined
from the applicable FEMA flood hazard map.
O
r
[Ord. 4199 § 1 (Art. A), 2020].
F
19.07.040 International Residential Code section amendments.
C
The following sections of the IRC are hereby amended as follows:
d
E
A. Table R301.2(1), Climatic and Geographic Design Criteria, is amended with the following criteria:
C�
Flood Hazard(g) = INFIP adoption 8/8/78. N Tom^ :optieaCurrem FIS June 19, 2020. FIRM maps June 19,
t9
Q
20I-92020. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _
Commented [BL12]: Information corrected to align 1
B. R322.1, General, is hereby amended as follows:_
ECDC 19.05.020A J
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Buildings and structures constructed in whole or in part in flood hazard areas (including A or V Zones) as
established in Table R301.2(1) shall be designed and constructed in accordance with the provisions contained in
this section.
Any residential or commercial structure located in a flood hazard area, that is destroyed, damaged or
demolished in an amount equal to 50 percent or more of its replacement cost at the time of destruction, shall not
be reconstructed except in full conformance with all provisions of this chapter and other local, state and federal
regulations.
[Ord. 4199 § 1 (Att. A), 2020].
19.07.050 Habitat assessment.
A development permit application shall include a habitat assessment unless the project is, in its entirety, one of the
following activities:
A. Normal maintenance, repairs, or remodeling of structures, such as reroofing and replacing siding, provided such
work is not a substantial improvement or a repair of substantial damage. To comply, such work must be less than 50
percent of the value of the structure(s).
B. Expansion or reconstruction of an existing structure that is no greater than 10 percent beyond its existing
footprint.
C. Activities with the sole purpose of creating, restoring, or enhancing natural functions associated with floodplains,
streams, lakes, estuaries, marine areas, habitat, and riparian areas that meet federal and state standards, provided the
activities do not include structures, grading, fill, or impervious surfaces.
D. Development of open space and recreational facilities, such as parks, trails, and hunting grounds, that do not
include structures, fill, impervious surfaces, or removal of more than five percent of the native vegetation on that
portion of the property in the floodplain.
E. Repair to on -site septic systems, provided ground disturbance is the minimal necessary and best management
practices (BMPs) to prevent stormwater runoff and soil erosion are used.
F. Projects that have already received concurrence under another permit or other consultation with the services,
either through Section 7, Section 4d, or Section 10 of the Endangered Species Act (ESA) that addresses the entirety
of the project in the floodplain (such as an Army Corps 404 permit or nonconversion forest practice activities
including any interrelated and interdependent activities).
G. Repair of an existing, functional bulkhead in the same location and footprint with the same materials when the
ordinary high water mark (OHWM) is still outside of the face of the bulkhead (i.e., if the work qualifies for a Corps
exemption from Section 404 coverage). [Ord. 4199 § 1 (Att. A), 2020].
19.07.060 Review of building permits.
Where elevation data is not available either through the FIS, FIRM, or from another authoritative source (ECDC
19.07.025(C)(2)), applications for floodplain development shall be reviewed to assure that proposed construction
will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical
data, high water marks, photographs of past flooding, etc., where available. [Ord. 4199 § 1 (Att. A), 2020].
19.07.065 Changes to special flood hazard areas (SFHA).
A. If a project will alter the BFE or boundaries of the SFHA, then the project proponent shall provide the
community with engineering documentation and analysis regarding the proposed change. If the change to the BFE
or boundaries of the SFHA would normally require a letter of map change, then the project proponent shall initiate,
and receive approval of, a conditional letter of map revision (CLOMR) prior to approval of the development permit.
The project shall be constructed in a manner consistent with the approved CLOMR.
B. If a CLOMR application is made, then the project proponent shall also supply the full CLOMR documentation
package to the floodplain administrator to be attached to the floodplain development permit, including all required
property owner notifications. [Ord. 4199 § 1 (Att. A), 2020].
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19.07.070 Anchoring.
A. All new construction and substantial improvements, including those related to manufactured homes, shall be
anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads including the effects of buoyancy.
B. All manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement, and shall be
installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not
limited to, use of over -the -top or frame ties to ground anchors. For more detailed information, refer to guidebook,
FEMA-85, "Manufactured Home Installation in Flood Hazard Areas." [Ord. 4199 § 1 (Art. A), 2020].
19.07.080 Subdivision proposals and development.
All subdivisions, as well as new developments, shall:
A. Be consistent with the need to minimize flood damage;
B. Have public utilities and facilities, such as sewer, gas, electrical, and water systems, located and constructed to
minimize or eliminate flood damage;
C. Have adequate drainage provided to reduce exposure to flood damage;
D. Where subdivision proposals and other proposed developments contain greater than 50 lots or five acres
(whichever is the lesser) base flood elevation data shall be included as part of the application. [Ord. 4199 § 1 (Art.
A), 2020].
19.07.090 Manufactured homes.
A. All manufactured homes to be placed or substantially improved on sites shall be elevated on a permanent
foundation such that the lowest floor of the manufactured home is elevated one foot or more above the base flood
elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and
lateral movement.
All manufactured homes to be placed or substantially improved within zones V 1-30, V, and VE on the
community's FIRM on sites:
1. Outside of a manufactured home park or subdivision;
2. In a new manufactured home park or subdivision;
3. In an expansion to an existing manufactured home park or subdivision; or
4. In an existing manufactured home park or subdivision on which a manufactured home has incurred
"substantial damage" as the result of a flood;
shall meet the standards of ASCE 24-14, Chapter 4 requirements for residential buildings. [Ord. 4199 § 1 (Aft.
A), 2020].
19.07.095 General requirements for other development.
All development, including manmade changes to improved or unimproved real estate for which specific provisions
are not specified in this chapter or the state building codes with adopted amendments and any city of Edmonds
amendments, shall:
A. Be located and constructed to minimize flood damage;
B. Be anchored to prevent flotation, collapse, or lateral movement resulting from hydrostatic loads, including the
effects of buoyancy, during conditions of the design flood;
C. Be constructed of flood damage -resistant materials; and
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D. Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of
ASCE 24, except that minimum electric service required to address life safety and electric code requirements is
permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building
code for wet locations. [Ord. 4199 § 1 (Att. A), 2020].
19.07.100 All other building standards apply.
All new construction and substantial improvements shall comply with all applicable flood hazard reduction
provisions of the adopted IBC, IRC, Appendix (IBC) G, and ASCE 24. [Ord. 4199 § 1 (Att. A), 2020].
19.07.110 Variance.
A. General. The variance criteria set forth in this section are based on the general principle of zoning law that
variances pertain to a piece of property and are not personal in nature. A variance may be granted by the city's
floodplain administrator for a parcel of property with physical characteristics so unusual that complying with the
requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property
owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique
characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.
It is the duty of the city of Edmonds to help protect its citizens from flooding. This need is so compelling and the
implications of the cost of insuring a structure built below the base flood elevation are so serious that variances from
the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of
preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the
variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met
before a variance can be properly granted. The criteria are designed to screen out those situations in which
alternatives other than a variance are more appropriate.
B. Requirements for Variances.
1. Variances shall only be issued:
a. Upon a determination that the granting of a variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of
the public, or conflict with existing local laws or ordinances;
b. For the repair, rehabilitation, or restoration of historic structures upon a determination that the proposed
repair or rehabilitation will not preclude the structure's continued designation as a historic structure and
the variance is the minimum necessary to preserve the historic character and design of the structure;
c. Upon a determination that the variance is the minimum necessary, considering the flood hazard, to
afford relief;
d. Upon a showing of good and sufficient cause;
e. Upon a determination that failure to grant the variance would result in exceptional hardship to the
applicant;
f Upon a showing that the use cannot perform its intended purpose unless it is located or carried out in
close proximity to water. This includes only facilities defined in ECDC 19.07.020 in the definition of
"Functionally dependent use."
2. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot
of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below
the BFE, provided the provisions of this chapter have been fully considered. As the lot size increases beyond
one-half acre, the technical justification required for issuing the variance increases.
C. Variance Criteria. In considering variance applications, the floodplain administrator shall consider all technical
evaluations, all relevant factors, all standards specified in other sections of this chapter, and:
1. The danger that materials may be swept onto other lands to the injury of others;
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2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on
the individual owner;
4. The importance of the services provided by the proposed facility to the community;
5. The necessity to the facility of a waterfront location, where applicable;
6. The availability of alternative locations for the proposed use, which are not subject to flooding or erosion
damage;
7. The compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that
area;
9. The safety of access to the property in time of flood for ordinary and emergency vehicles;
10. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at
the site; and
11. The costs of providing governmental services during and after flood conditions, including maintenance and
repair of public utilities and facilities, such as sewer, gas, electrical, water system, and streets and bridges.
D. Additional Requirements for the Issuance of a Variance.
1. Any applicant to whom a variance is granted shall be given written notice over the signature of a community
official that:
a. The issuance of a variance to construct a structure below the BFE will result in increased premium rates
for flood insurance coverage; and
b. Such construction below the BFE increases risks to life and property.
2. The floodplain administrator shall maintain a record of all variance actions, including justification for their
issuance.
3. The floodplain administrator shall condition the variance as needed to ensure that the requirements and
criteria of this chapter are met.
4. Variances as interpreted in the NFIP are based on the general zoning law principle that they pertain to a
physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants,
economic or financial circumstances. They primarily address small lots in densely populated residential
neighborhoods. As such, variances from flood elevations should be quite rare.
E. Appeals. Appeals of a variance from the provisions of this chapter shall be appealable in accordance with Chapter
19.80 ECDC. [Ord. 4199 § 1 (Att. A), 2020].
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Chapter 19.10 BUILDING PERMITS — EARTH
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Chapter 19.10
BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA
Sections:
19.10.000 Statement of purpose and application.
19.10.010 Section amendments.
19.10.020 Definitions.
19.10.030 Minimum required application submittals.
19.10.040 Site posting notice, disclosures, declarations, covenants and waivers.
19.10.050 Site bonds and contractor general public liability insurance.
19.10.060 Review to determine compliance with engineering practice and best available science.
19.10.070 Issuance and denial of permits.
19.10.080 Site access, professional/special inspection, monitoring during construction and final geotechnical
report.
19.10.000 Statement of purpose and application.
A. This chapter has been enacted in order to provide both substantive and procedural provisions relating to the
issuance of permits within the North Edmonds earth subsidence and landslide hazard area. It shall be the policy of
the city that no permit shall be issued for any site which is found to be unsuitable for improvement due to
excessively steep slopes, unsatisfactory foundation support, instability or unsuitable topography for the particular
permit requested for issuance. When development occurs on an unstable site, an unreasonable risk of danger may
exist to the public, to public improvements or to adjacent property owners. If such a site can be stabilized through
the construction of on -site improvements, that risk may be reduced.
B. The construction of professionally designed structures addressing the risks of earth movement, and employing
feasible attendant measures (including but not limited to drainage improvements, specially designed foundations,
retaining walls, removal of overburden and other improvements designed to minimize the risk of earth movement,
prevent avoidable damage to structures, safeguard adjacent properties, limit risk to inhabitants, and to stabilize the
structure in the event of movement) may mitigate and reduce the risk of earth movement on individual properties.
Nothing herein shall relieve an owner of any obligation imposed by the State Building Code or city ordinance to
take all reasonable and practical measures available to reduce or eliminate the risk or hazard.
C. The IRC/IBC, as promulgated by the state of Washington and required to be adopted by the city, does not specify
a standard regarding lot stability. Since the city's request for an interpretation of the International Building Code by
the State Building Code Council to designate an acceptable level of lot stability was denied, and because the city
wishes to comply with state law requiring that the issuance of building permits be a ministerial and not a
discretionary act, the provisions of this chapter have been adopted in order to provide reasonable certainty in the
permit issuance process. The purpose of these provisions is not to lessen the minimum requirements of the current
adopted building code, but rather to define its requirements for city implementation.
D. These provisions have been adopted in order to establish a policy that permits shall not be issued for any site
where a substantial risk of earth subsidence and landslide hazard exist unless:
The risks can be defined with reasonable scientific certainty and found to be within acceptable limits as
determined in accordance with this chapter.
2. Any hazard associated with the site is scientifically ascertained and fully disclosed through the permit
process.
3. Notice of any risk is given to future purchasers through the land records of Snohomish County.
4. Any risks associated with construction and habitation are assumed by the builder and future owners of the
site.
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5. Adequate indemnification is provided by the builder and the owner of the site in order that the general public
not assume or bear any portion of the costs or liability associated with the builder's investigation, design and
construction as well as the continuing maintenance of the site by the property owner.
E. Notwithstanding any contrary provision of this chapter or the IRC/IBC, all applications for permits received for
any site, any portion of which lies within the North Edmonds earth subsidence and landslide hazard area or its
buffer, shall be governed by the provisions of this chapter. In addition to all other requirements of these sections, the
restrictions and provisions of this chapter shall apply to all building, grading, fill and excavation permits (herein
"permits"). Minor permits such as plumbing, mechanical, reroof and interior alterations are exempt from the
requirements of this chapter.
F. All applications for permits under this chapter shall disclose within the geotechnical report whether or not any
part of the site lies within or adjacent to the North Edmonds earth subsidence and landslide hazard area. The
building official may require preliminary investigation by a geotechnical engineer for any applicant whose property
lies within or lies adjacent to the North Edmonds earth subsidence and landslide hazard area in order to assist the
building official in determining whether these provisions should be applied.
G. Nothing in this chapter should or shall be interpreted to guarantee issuance of a permit with respect to any
property unless the requirements of the IRC/IBC as amended and interpreted by this chapter have been met. [Ord.
4212 § 1 (Art. A), 2021; Ord. 4029 § 1 (Art. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
19.10.010 Section amendments.
The provisions of this section amend the 2003 Edition of the IRC/IBC and all subsequent revisions adopted by RCW
19.27.031 as the State Building Code as previously amended by Chapter 19.05 ECDC. All prior substantive
amendments have received the approval of the State Building Code Council. All provisions of the IRC/IBC which
conflict with this chapter shall be deemed amended hereby, and any ambiguity created shall be resolved in favor of
the specific provision or general intent of said chapter. In addition to the amendments of the IRC/IBC by its
alteration, improvement and correction to incorporate the chapter, the following specific code provisions are
amended and the substantive and procedural requirements of this chapter are amended by the correction and
alteration of the following sections of the IRC/IBC:
A. Chapter 1, Administration
1. Section RI05.1.1 Permit review applicability. Any permit requested for a site lying in whole or in part within
an earth subsidence and landslide hazard area as defined by ECDC 19.10.020(F) shall be processed and acted
upon in accordance with the provisions of Chapter 19.10 ECDC.
2. Section R105.2 Work exempt from a permit. ECDC 19.00.025(E)(1) exemptions (a), (b), (d), (e), (f), (g), (j),
(k), (1), and (p) and ECDC 19.00.025E(4) exemptions (a), (c) and (i) shall not apply in any area designated as an
earth subsidence and landslide hazard area as defined in ECDC 19.10.020(F).
3. Section R105.3.2 Time limitation of permit application.
a. Applications, for which no permit is issued within two (2) years 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 not extend the time for action by the applicant on an expired application except as
allowed within this section. In order to renev, aetio red applio ioaln the event of application
exuiration, the applicant shall submit a new application, revised plans based on current adopted codes and pay
new plan review fees as well as any outstanding peer review fees incurred to date.
4. The Building Official may extend the life of an application if any of the following conditions exist:
(a) Compliance with the State Environmental Policy Act is in progress; or
(b) Any other City review is in progress; provided, the applicant has submitted a complete response to City
requests; or
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(c) The Building Official determines that unique or unusual circumstances exist that warrant additional time for
such response and the Building Official determines that the review is proceeding in a timely manner toward
final City decision; or
(d) Litigation against the City or applicant is in progress, the outcome of which may affect the validity or the
provisions of any permit issued pursuant to such application.
5. Section R105.5 Permit expiration and extension.
a. Every permit issued under the provisions and development standards of Chapter 19.10 ECDC shall expire by
limitation two (2) years after issuance, except as provided in ECDC 19.10.010(A)(4)(b).
b. Prior to expiration of an active permit the applicant may request in writing an extension for a third and final
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 quarter the original building permit fee to extend the permit.
c. 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 fees, in order for the applicant to complete work.
The issuance of a new 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 the Land Use Petition Act, the time
limit periods imposed under this section shall also be stayed until final decision.
d. The building official shall reject requests for permit extensions if modifications or amendments to the
applicable zoning and building codes have occurred since the original issuance of the permit, and modifications
or amendments would significantly promote public health and safety if applied to the project through the
issuance of a new permit.
6. Section R105.5.1 Recommence work on an expired permit.
a. In order to recommence work on an expired permit, a new permit application with full 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 at the time of complete application for the new permit, not the
expired permit. When additional plan review is required, plan review fees shall be charged. When applicable,
peer review and peer review fees shall be assessed.
7. Section RI06.3.3.1 Phased approval.
a. The building official may require sequencing of construction phases or activities such as the installation of
shoring or temporary erosion control remedies and/or drainage systems, well in advance of grading or
foundation construction on a time frame consistent with geotechnical recommendations and peer review. As
part of the sequencing process, the building official may impose permit conditions that address site work
sequencing to include but not be limited to: limiting all excavation, drainage systems and foundation installation
to the drier season between May 1 st and September 30th.
b. When permit conditions such as groundwork are limited by the building official on a particular project, the
applicant's geotechnical engineer may submit a letter detailing geotechnical recommendations that portions of
work may progress. The letter shall include a detailed work schedule submitted by the general contractor
specifying work to be done, timeline, provisions for monitoring and equipment to be used. Any such
recommendation shall be based upon best available science and be consistent with standard geotechnical
engineering practice. The building official may require a peer review prior to a decision which provides
concurrence regarding at least the following issues:
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i. Duration of work,
ii. Type of equipment to use,
iii. Additional temporary erosion and sediment control provisions required, and
iv. Applicability of special inspections, and similar issues.
c. The building official may issue partial permits for phased construction before the entire plans and
specifications for the whole building or structure have been approved provided peer review approval has been
granted. Phased approval means separate permits for grading, shoring, and foundation may be issued separately,
provided concurrent approval is granted by the planning manager, city engineer, and city public works director,
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. 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.
B. Chapter 2, Definitions.
1. Section R202 and IBC 202 are hereby amended to include the definitions set forth in ECDC 19.10.020,
incorporated by this reference as fully as if herein set forth.
C. Chapter 4, Foundations.
1. Section R401.1 General Exception 3. Any permit requested for a site lying in whole or in part within the
North Edmonds Earth Subsidence and Landslide Hazard Area shall be processed and acted upon in accordance
with the provisions of Chapter 19.10 ECDC.
D. IBC Chapter 16, Structural design.
1. Section IBC 1601.1.1 Scope. Setting forth the requirements of Chapter 19.10 ECDC, incorporated by this
reference as fully as if herein set forth.
E. IBC Appendix J, Grading.
1. Section IBC Appendix J 101.1.2, Scope. Setting forth the requirements of Chapter 19.10 ECDC, incorporated
by this reference as fully as if herein set forth.
[Ord. 4212 § 1 (Aft. A), 2021; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1,
2007].
19.10.020 Definitions.
The following terms, when used within this chapter, shall have the following definitions:
A. "Architect" shall mean a person licensed to practice architecture by the state of Washington.
B. "Best available science" shall be determined in accordance with the criteria established in WAC 365-195-900, et
seq.
C. `Bluff' shall mean any slope 10 feet in height or greater inclined at greater than one unit vertical in one unit
horizontal or 100 percent slope.
D. "Building official" shall mean the building official of the city of Edmonds.
E. "Director" shall mean the city of Edmonds development services director or his/her designee.
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F. "General contractor" shall mean a bonded, insured and registered contractor in the state of Washington. A general
contractor shall maintain state -required bonding and shall carry general public liability insurance in the minimum
amount of $1,000,000. The general contractor shall have a current valid state contractor's license with the state of
Washington and a city of Edmonds resident or nonresident business license, whichever is applicable.
G. "Geologist" means a practicing geologist licensed in the state of Washington with at least four years' experience
as a licensed geologist in responsible charge, including experience with landslide evaluation.
H. "Geotechnical engineer" means a practicing geotechnical/civil engineer licensed as a professional civil engineer
in the state of Washington who has at least four years of professional employment as a geotechnical engineer in
responsible charge, including experience with landslide evaluation.
I. "North Edmonds earth subsidence landslide hazard area" shall mean the hazard area, including its buffer,
designated in the 2007 report of Landau Associates and as may be amended in future adopted earth subsidence and
landslide hazard maps which are hereby incorporated by this reference and made a part of this chapter as fully as if
herein set forth and may be provided in a summary text form. Future adopted landslide hazard maps shall be
incorporated by reference upon adoption by ordinance.
Applicants for permits in the North Edmonds earth subsidence and landslide hazard area shall submit a geotechnical
report and complete plan set submittal as required by this chapter to the building official for review.
The presumption of risk shall be rebuttable and the decision of the director or building official that any area lies
within, or adjacent to, such earth subsidence and landslide hazard area shall be appealable as a staff decision to
superior court in accordance with the Land Use Petition Act.
Copies of the reports and maps shall be maintained in the offices of the building official and shall be available for
inspection during all normal working hours. Individual copies of the reports and map may be obtained by the public
upon the payment of the cost of reproduction.
J. "Landslide hazard areas" means areas mapped or otherwise defined by the city of Edmonds as environmentally
critical areas or geologically hazardous areas.
K. "Land surveyor" means a person who holds a Washington State land surveyor's license.
L. "Lead design professional" means the person designated by the applicant to oversee and coordinate the permit
review process on behalf of the applicant.
M. "Plan set submittal" means a complete application pursuant to ECDC 19.00.015 including:
1. Vicinity map.
2. Topography map and survey.
3. Civil plans including grading, temporary erosion and sediment control, storm drainage, utilities and site
improvements.
4. Tree cutting/land clearing plans.
5. Geotechnical report.
6. Architectural and structural plans with design calculations, stamped and signed by licensed design
professionals of the state of Washington.
N. "Site" means the entire area within the boundaries, as described in a legal description, of the property that is to be
developed under the permit for which the applicant has applied.
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O. "Stable" shall mean that the risk of damage to the proposed development, or to adjacent properties, from soil
instability is minimal subject to the conditions set forth in the reports developed under the requirements of ECDC
19.10.030 and the proposed development will not increase the potential for soil movement.
In the event that any site has an underlying risk of movement based upon deep-seated earth movement or large-scale
earth failure which is not susceptible to correction by on -site improvements, such hazard shall not render a site
proposed for single-family residences to be presumed unstable for the purpose of this provision if the geotechnical
engineer of record and recommendation of any peer reviewer confirm the risk of probability of earth movement is
30 percent or less within a 25-year period.
In order to meet the definition of "stable" the geotechnical report shall include identified hazards for the property
and the mitigation measures proposed to reduce or correct the hazards along with measures taken to mitigate
potential impacts from the remaining hazards, including all on- and off -site measures taken to correct or reduce the
risk. These shall be fully disclosed to the applicant and future owners, heirs and assigns in the covenant required to
be executed in accordance with provisions of this chapter, in which case the defined risk may be approved as an
acceptable condition.
P. "Steep slope" shall be defined and calculated pursuant to Chapter 23.80 ECDC.
Q. "Storm event' means one inch or greater precipitation in a 24-hour period as reported by the National Oceanic
and Atmospheric Administration (NOAA).
R. "Structural engineer" means a person licensed to practice structural engineering by the state of Washington.
S. "Structural fill' shall mean any fill placed below structures, including slabs, where the fill soils are intended 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 compacted in accordance with an approved geotechnical report
prepared utilizing best engineering science. [Ord. 4212 § 1 (Aft. A), 2021; Ord. 4029 § 1 (Art. A), 2016; Ord. 3926 §
1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
19.10.030 Minimum required application submittals.
A. The applicant shall submit a complete plan set submittal and permit application and specifications for the
proposed development as defined in ECDC 19.10.020(M) and this chapter.
B. An earth subsidence and landslide hazard area permit submittal checklist shall be adopted at the direction of the
director and shall be provided to all persons inquiring regarding building permit applications or development permits
in the designated earth subsidence and landslide hazard area of North Edmonds. The submittal checklist shall
include but not be limited to the requirements contained in city public handouts, written policies, adopted maps,
reference maps, summary reports, minimum geotechnical report guidelines, and the following:
1. North Edmonds earth subsidence and landslide hazard map.
2. Vicinity map.
3. Topographic map and survey.
4. Civil plans (i.e., grading, temporary erosion and sediment control, storm drainage, utilities and site
improvements).
5. Tree cutting/land clearing plan.
6. Geotechnical report.
7. Owner and professional declarations.
8. Detailed architectural and structural plans with structural calculations and specifications.
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9. Bonds, covenants and contractor public liability insurance in accordance with the detailed requirements
stated below.
If any item in the checklist is inapplicable to a particular project, a letter or a report shall be provided to the director
stamped by the appropriate licensed design professional, with sufficient information or data to demonstrate why the
item is inapplicable. The director may utilize appropriate licensed consultants to determine if generally accepted
engineering practice requires submission of an application requirement. When consultants are used to determine if
generally accepted engineering practice requires submission of an application requirement, the cost of review shall
be paid by the applicant. The director may develop a modified checklist suitable for projects of a minor nature, such
as retaining walls, decks and sheds, as may be appropriate.
C. A copy of the North Edmonds earth subsidence and landslide hazard map shall be included in the submittal
checklist materials.
D. The vicinity map shall be suitable for locating the site and include information related to existing conditions on or
near the site, based on the topographic map and survey and shall designate all known landslide masses, or debris
flows or mud flows on or near the site which could threaten proposed structures within 100 feet, as referenced,
noted, described or discussed in the geotechnical report.
E. The applicant shall submit a topographic map and survey prepared and stamped by a licensed land surveyor, prior
to studies and evaluations by the geotechnical engineer, and shall show:
1. Map scale, north arrow, legal description, tax account parcel numbers, easements, and lot property lines.
2. Existing grade contour lines, at two -foot intervals.
3. All distances between existing structures on the site and approximate distances of existing habitable
structures on adjacent sites within 50 feet of property lines (all adjacent sites which could affect or be affected
by the proposed development shall be shown).
4. Lowest footing or basement slab elevation of existing and proposed structures on the property and on
adjacent properties to the extent that such information is reasonably available, and proposed finish floor
elevations.
5. The location of existing sanitary sewers, stormwater drainage facilities, septic tanks, drain fields, wells,
piezometers, private drainage systems, underground storage tanks, subsurface drains, and other sewer/drainage
facility components on, and adjacent to, the site to the extent such information is reasonably available.
6. The location of all existing underground utilities on, and adjacent to, the site including, but not limited to,
telephone, cable television, gas, electric and water utilities, vaults, fire hydrants and other cables, wires, meters
and drainage pipes to the extent that such information is available.
7. A separate topographical drawing shall be submitted showing proposed grade contours at two -foot intervals.
This drawing shall include the bottom of proposed footing elevations including all stepped footing elevations.
F. Civil -engineered plans shall be prepared and stamped by a state of Washington licensed civil engineer pursuant to
the provisions of Chapter 18.30 ECDC and current adopted city stormwater manual. Geotechnical report
recommendations affecting civil plans shall be incorporated into the design and detailed on the plans and shall
include:
1. Storm drainage plan with storm drainage calculations.
2. Provisions for building pad and foundation drainage.
3. Temporary erosion and sediment control with drainage and maintenance provisions, and/or other sediment
control assemblies.
4. Permanent erosion control with drainage and maintenance provisions.
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5. Fill/soil stockpile limitation provisions, specific location, height, protection and maintenance.
6. Slope protection plans, rockeries, retaining walls, ecology blocks, keystone block walls, soldier pile walls,
and soil nail walls.
7. Utilities and site improvements.
8. Grading plans, temporary and permanent shoring plans, top and toe of slope setbacks, driveway slope.
G. In lieu of the procedural requirements of Chapter 18.45 ECDC, a tree cutting/land clearing plan shall be
submitted when significant trees are proposed to be removed. A significant tree is a tree with a trunk diameter of six
inches or greater measured four feet from the ground. No significant tree shall be removed until the permit is
approved.
A detailed landscape plan may also be required in order for the city to evaluate long-term erosion control measures.
The plan shall comply with all requirements of the ECDC relating to tree clearing and critical areas review, if
applicable. The director may require the project geotechnical engineer's concurrence regarding an approval of a tree
cutting/land clearing plan when slope stability is at issue.
H. Included in the permit submittal checklist shall be general and specific soils and geotechnical information, details
or analysis required pursuant to IBC 1802. The applicant shall retain a geotechnical engineer to prepare a report and
evaluation of the subsurface soil conditions on the site to include:
1. The geotechnical report shall be prepared in accordance with ECDC 23.80.050 and generally accepted
geotechnical engineering practices, under the supervision of, and signed and stamped by, the geotechnical
engineer. A geologist may be required to be part of the geotechnical consulting staff. The report shall reference
the Landau Associates Summary Report (2007) as a technical document reviewed as part of the geologic
analysis for the project and discuss all items listed in the permit submittal checklist and shall make specific
recommendations concerning development of the site.
2. The opinions and recommendations contained in the geotechnical report shall be supported by field
observations and, where appropriate or applicable, by literature review, conducted by the geotechnical
engineer. The report shall be based on best available science.
3. The report shall include an analysis of material gathered through appropriate explorations, such as borings or
test pits to a minimum depth of six feet below the proposed lowest footing or pile, an analysis of soil
characteristics conducted by or under the supervision of the engineer in accordance with the standards adopted
by the American Society of Testing and Materials (ASTM) or other applicable standards. The report must
provide subsurface data to support the engineer's conclusions regarding slope stability.
4. If the evaluation involves geologic evaluations or interpretations, the report shall be reviewed and approved
by a geologist. It shall be the responsibility of the geotechnical engineer to assure that the geologist meets the
qualifications listed in ECDC 19.10.020. A letter of concurrence from the geologist shall be included in the
report.
5. Based upon the North Edmonds landslide area geology and slide mechanisms map and table found in the
Landau Associates Summary Report (2007), any lot which contains any portion of any hazard zone or is
adjacent thereto (regardless of whether the proposed building pad is located within any hazard area) shall
specifically consider within the geotechnical report the following types of typical hazard zones and shall
specifically note if the hazard is, or is not, present on the site. The report shall address hazards from
encroaching landslide materials, hazards from ground failure in material that has not previously failed, and
hazards from ground failure in previously failed material. For each landslide hazard identified on a property,
the geotechnical engineer shall identify the types of specific processes associated with the hazard and include
design features to reduce such hazards and mitigate impacts.
6. For properties containing or adjacent to bluffs, the geotechnical engineer shall, as a part of the building
permit process, provide analysis of the rate of retreat of the bluff prepared by a geologist and estimate the bluff
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retreat amount and regression rate for periods of 25 and 125 years. The geotechnical engineer shall address the
effects of bluff retreat on the stability of structures and/or improvements. A "structure" is defined as:
a. A building intended for human habitation,
b. A building, structure or other improvement whose stress or weight, collapse or movement would
endanger public safety in the event of slope failure, and
c. Any improvement on the site which is necessary to mitigate danger to public safety or provide stability.
If the bluff retreat rate analysis shows that the rate of retreat of the bluff is such that any structure or
improvement constructed pursuant to the building permit would be unreasonably endangered or reasonably
could be anticipated to be endangered by landslide or earth subsidence during its normal useful life, the
application shall be denied.
7. Geotechnical letter addressing the provisions of Chapter 23.80 ECDC.
I. The applicant shall submit, consistent with the findings of the geotechnical report, detailed structural plans with
corresponding calculations prepared and stamped by the structural engineer of record. When architectural plans
incorporate such structural details, said plans shall be stamped and signed by the structural engineer of record. All
other architectural plans may be prepared by an architect, designer, builder or lay person.
J. The applicant shall submit documentation of required bonds, frozen funds or adequate instrument of credit. The
applicant shall submit a copy of the contractor's general public liability insurance pursuant to ECDC 19.10.050.
K. The applicant shall submit declarations, disclosures, covenants and waivers as required by ECDC 19.10.040.
[Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Art. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
19.10.040 Site posting notice, disclosures, declarations, covenants and waivers.
a. A. Notices of permit submittal application with the city shall be posted pursuant to ECDC 20.03.002(F).
B. At permit application submittal, the applicant shall submit a written declaration with the permit application that
includes the statement that the accuracy of all information is warranted by the owner/applicant in a form which
relieves the city and its staff from any liability associated with reliance on such submittals.
The declaration shall also state that the owner/applicant understands and accepts the risk of developing in an area
with potential unstable soils and that the owner/applicant will advise in writing any prospective purchasers of the
site, or any prospective purchasers or residential lessees of structures or portions of a structure on the site, of the
slide potential of the area.
The owner/applicant shall also acknowledge that he, she or they understand and accept the need for future
monitoring and maintenance of the property as described in the final geotechnical report when future monitoring and
maintenance may affect slope stability over time. While an application may reference the reports of prior public
consultants to the city, all conclusions shall be those of the owner/applicant and his or her professionals.
C. The plan set submittal shall include a disclosure letter from the geotechnical engineer and civil engineer who
prepared the geotechnical report and civil plans, stating that in his or her judgment the plans and specifications
submitted for the project conform to the recommendations in the geotechnical report, and that the risk of damage to
the proposed development, or to adjacent properties, from soil instability will be minimized subject to the conditions
set forth in the report, and the proposed development will not increase the potential for soil movement.
"Minimized" shall mean that the applicant has utilized best available science and commonly accepted engineering
and architectural practice to minimize, to the extent possible, the risks associated with development of the property.
The geotechnical engineer shall review the erosion and sediment control plan and provide a statement about the
adequacy of the plan with respect to site conditions and report findings. The geotechnical engineer's statement shall
also include an identification of landslide hazards applicable to the site, the on -site measures taken to correct or
reduce the hazards, as applicable, and measures taken to mitigate potential impacts from the remaining hazards.
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For sites where the hazards are not mitigated or where the risks from deep-seated or large-scale earth movement
cannot be practically reduced by individual lot owners, the geotechnical engineer shall prepare a statement
identifying what design measures will be taken to mitigate the risk to structures, adjacent properties, and inhabitants
in the event of deep-seated or large-scale movement. The statement shall specify any risks from earth movement that
are not fully mitigated by design measures and render an opinion as to whether the site will be stable within the
meaning of this chapter following installation of all proposed improvements. The statement will clarify to current
and future owners what measures were installed to reduce risks and what hazards could not be addressed by
individual lot development.
D. Further recommendations signed and sealed by the geotechnical engineer shall be provided should there be
additions or exceptions to the original recommendations based on the plans, site conditions or other supporting data.
If the geotechnical engineer who reviews the plans and specifications is not the same engineer who prepared the
geotechnical report, the new engineer shall, in a letter to the director accompanying the plans and specifications,
express agreement or disagreement with the recommendations in the geotechnical report and state that the revised
plans and specifications conform to the new recommendations.
E. The plan set submittal shall include a disclosure letter or notation on the design drawings by the structural
engineer of record stating that he has reviewed the geotechnical report(s), that he understands its recommendations,
has explained or has had explained to the owner/applicant the risk of loss due to slides on the site, and that he has
incorporated into the design the recommendations of the report and established measures to reduce the potential risk
of injury or damage that might be caused by any risk of earth movement referenced in the report. The statement shall
note any risks, hazards, and potential problems from earth movement that are not fully mitigated by design
measures.
F. The owner shall execute a covenant (in a form provided by the city) to be submitted with the application (with
necessary fee) to be filed with the Snohomish County auditor. The director shall cause such completed covenant to
be so filed. A copy of the recorded covenant shall be forwarded to the owner. This covenant shall be a covenant
running with the land, which shall at a minimum include:
1. A legal description of the property.
2. A statement explaining that the site is in a potential earth subsidence and landslide hazard area, that the risk
associated with the development of the site is set forth in permit file No. with the city of Edmonds
building department, that conditions or prohibitions on development may have been imposed by the city in the
course of permit issuance, and referencing any features in the design which will require maintenance or
modification to address anticipated soil changes. The covenant may incorporate by reference the statements and
conditions to be observed in the form proposed by the owner/applicant's geotechnical engineer, geologist,
architect and/or structural engineer as approved after the review set forth in ECDC 19.10.060.
3. A statement waiving and promising to indemnify and hold harmless the city of Edmonds, its officers and
employees from any claims the owner/applicant and his/her successors or assigns may have for any loss or
damage to people or property either on or off the site resulting from soil movement and arising from or out of
the issuances of any permit(s) authorizing development on the site, as well as due to any act or failure to act by
the indemnitor, its agents or successors, in interest under or following issuance of the permit.
4. The date of permit issuance and permit number authorizing the development. [Ord. 4212 § 1 (Art. A), 2021;
Ord. 4029 § 1 (Art. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3817 § 9, 2010; Ord. 3736 § 36, 2009; Ord.
3651 § 1, 2007].
19.10.050 Site bonds and contractor general public liability insurance.
A. Site Bonding Requirements.
1. A surety bond, in an amount to be determined by the director, executed by a surety company authorized to do
business in the state of Washington shall be posted by the owner/applicant or general contractor to assure the
restoration of any areas on the site, or in the surrounding area, disturbed or damaged by slides during
construction, and to ensure completion of the work authorized by the permit, or, if the work is not completed, to
assure that the site will be restored to a safe and stable condition at least equal to the safety and stability of the
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site prior to commencement of work under the permit. The bond will be exonerated upon occupancy approval
of the building permit by the building official.
2. In lieu of the surety bond, the owner/applicant or general contractor may .,_,...ose to file ... ash deposit or an
i4istmmp.nt of srp4it with the rovide documentation of a frozen fund in an amount equal to that which
would be required in the surety bond, and similarly conditioned.
B. Public Liability Insurance. The general contractor of record shall carry general public liability insurance effective
through final occupancy in the minimum amount of $1,000,000, and which shall name the city as an additional
named insured, against the injury, death, property damage and/or loss arising from or out of the city's involvement
in the permitting process for the project.
C. Homeowner Insurance. The city strongly recommends that each property owner maintain policies of liability
insurance, adequate to provide sufficient funds, to indemnify and hold harmless third parties in the event of earth
subsidence or landslides emanating from or across the owner's property. [Ord. 4212 § 1 (Aft. A), 2021; Ord. 4029 §
1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
19.10.060 Review to determine compliance with engineering practice and best available science.
A. The city shall require professional peer review of the plan set submittals accompanying the permit application by
a civil engineer, geotechnical engineer, geologist, and/or structural engineer as may be necessary and determined by
the building official or director, in order to determine whether the plan set submittals were prepared in accordance
with generally accepted engineering practice or the practice of the particular engineering or design specialty and are
based upon best available science. The full cost of such peer review shall be paid in full by the owner/applicant
within 30 days of billing by the city. Failure to make timely payments shall result in a stay of city plan review
services on the application.
B. This requirement may be selectively waived at the discretion of the director, provided the applicable project
geotechnical engineer, civil engineer or structural engineer provides written concurrence, determination, details,
facts and/or data that individual site conditions warrant an exemption from outside peer review. Once waived, the
building official shall not be required to inquire further into the adequacy of any report, plans, or data, but rather
may rely upon the submittals as warranted by the owner/applicant as reviewed by the city's consultant. Nothing
herein shall relieve the owner/applicant of the obligation to submit a complete application fulfilling all the
requirements of this chapter and the IRC/IBC.
C. The final recommendation of the peer review regarding whether a submittal complies with generally accepted
practice and/or is based on best available science shall be binding upon the building official. Such recommendation
may be appealed to superior court under the Land Use Petition Act. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1
(Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
19.10.070 Issuance and denial of permits.
A. The notice of final decision shall be mailed or otherwise delivered to the applicant, to any person who submitted
comments, and any person who requested a copy of the decision.
B. Permit Issuance. The following requirements must be satisfied before a permit will be issued:
1. An approved geotechnical report has been submitted and approved.
2. Plans and specifications have been submitted incorporating the recommendations of the geotechnical report
and said plans have been approved.
3. The required declarations, disclosures, covenants and waivers have been submitted and approved.
4. Required bonds, cash deposits and public liability insurance have been posted with the city.
5. When peer review has been required, all submittals have been determined to have been prepared in
accordance with generally accepted engineering practice.
6. Peer review concurrence for permit issuance has been received by the building official.
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7. All other provisions of ECDC Titles 16, 18 and 20 have been reviewed and approved by the appropriate city
official.
C. Permit Denial. The following criteria shall result in the denial of issuance of permit:
1. Building, grading and excavation permits for construction on land which the director finds to be unsuitable
for improvement due to excessively steep slopes, unsatisfactory foundation support, instability or unsuitable
topography, or
2. The resulting development would increase the potential of soil movement resulting in an unacceptable risk of
damage to adjacent properties or an unreasonable risk of damage to the proposed development, or
3. Excessive flooding, seepage, high water table, or inadequate drainage, or
4. If the bluff retreat rate analysis shows that the rate of retreat of the bluff is such that any structure or
improvement would be unreasonably endangered or reasonably could be anticipated to be endangered by
landslide or earth subsidence during its normal useful life, the application shall be denied. A "structure" is
defined as:
a. A building intended for human habitation,
b. A building, structure or other improvement whose stress or weight, collapse or movement would
endanger public safety in the event of slope failure, and
c. Any improvement on the site which is necessary to mitigate danger to public safety or provide stability,
d. Other hazardous conditions posing an unreasonable risk to public health, safety, or welfare, or
e. Where the noted site dangers or geologic hazards are not minimized to the extent possible by the use of
best available science and generally accepted engineering and architectural practice, or
f. If the applicant's geotechnical engineer determines that there is a greater chance than 30 percent in a 25-
year period that landslide damage on site will occur.
D. In making a determination of permit denial, the director shall consider not only the land which is the subject of
the application, but in addition, the surrounding area which would be adversely affected if the permit were granted.
Permit denial shall be made in writing to the owner/applicant when the site cannot be rendered "stable" as defined in
ECDC 19.10.020(0). This decision and other preliminary determinations as referenced herein shall be appealable to
Snohomish County superior court in accordance with the Land Use Petition Act. No other appeal shall be permitted.
The appeal period shall commence upon the date of mailing of any preliminary or final decision.
E. Prohibitions. Because of the relationship of groundwater to stability, the discharge of collected surface water or
stormwater to the ground surface or subsurface is prohibited on sites within the earth subsidence and landslide
hazard area. In addition, the following construction, buildings, or improvements are hereby prohibited within the
earth subsidence and landslide hazard area:
1. Swimming pools or hot tubs.
2. Ponds or other artificial impoundments of water.
3. Watering or irrigation systems.
4. Temporary or permanent stockpile of fill on top or bottom of slopes.
5. Rockeries.
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F. Waiver. The prohibitions established in subsection (E) of this section shall apply unless the property owner
requests a waiver based upon the written analysis of a geotechnical engineer which clearly establishes that the
proposed improvement will have no reasonable likelihood of triggering or otherwise contributing to any landslide
hazard or earth subsidence risk either on the site or in the neighboring earth subsidence or landslide hazard area.
In any review or appeal of the director's or building official's denial of a waiver to construct an otherwise prohibited
improvement, the burden of proof shall always be upon the applicant to establish by a clear preponderance of the
evidence that no such risk will be created by the improvement. Any geotechnical engineering report provided in any
review shall consider not only the risk incurred due to or during construction of the otherwise prohibited
improvement, but also the potential impacts due to failure to maintain the improvement, damage through reasonably
foreseeable events such as earthquakes or other acts of God, or the reasonably foreseeable negligence of the owner
or future owners. The director may utilize peer review consultants. [Ord. 4212 § 1 (Art. A), 2021; Ord. 4029 § 1
(Art. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
19.10.080 Site access, professional/special inspection, monitoring during construction and final
geotechnical report.
A. Site Clearing and Grading. The owner/applicant or contractor shall secure the building official's approval before
entering an earth subsidence and landslide hazard area site with excavating or other grading and clearing equipment
to clear, remove trees or grade for any purpose including the creation of access to the site.
The building official may condition such access approval if site conditions are warranted and when discretionary
approval permits are required. As part of the approval process the building official may impose conditions that
address site work issues; such measures could include but are not limited to limiting all excavation and drainage
installation to the drier season between May and the end of September, or sequencing activities such as the
installation of drainage systems well in advance of construction.
Requests for early site access in advance of building permit approval or in the time period between October 1 st and
April 30th for any purpose shall be submitted to the building official accompanied by written concurrence of the
owner/applicant's geotechnical engineer of record.
The building official may utilize peer review consultants to determine whether the request is based on generally
accepted engineering practice and is reasonable with regard to time frame to complete the work, types of equipment
proposed to perform the work, length of exposure of slopes, and adequacy of site monitoring and temporary erosion
control measures. When such peer review is utilized, the applicant is responsible for the peer review fee.
B. Reporting Authority. The owner/applicant shall retain a geotechnical engineer to monitor the site during
construction. The owner/applicant shall preferably retain the geotechnical engineer who prepared the final
geotechnical report in the plan set submittal and who has reviewed the approved plans and specifications.
If a different geotechnical engineering consultant is retained by the owner/applicant, the new geotechnical engineer
shall submit a letter to the director stating that he or she has read all reports and recommendations and reviews to
date and state whether or not he or she agrees with the opinions and recommendations of the original geotechnical
report and peer review comments. Further recommendations, signed and sealed by the new geotechnical engineer,
and supporting data shall be provided should there be exceptions or changes to the original recommendations that
would affect the approved plans.
C. Construction Monitoring, Special Inspections.
1. Inspection Requirements. During the period from October 1 st to April 30th, when on site, the
owner/applicant or designated erosion sedimentation control (ESC) site supervisor shall perform erosion and
sedimentation control inspections. Records of installed ESC facilities shall be maintained by the erosion and
sedimentation control supervisor and copies of all ESC records shall be provided to city inspectors upon
request.
ESC facilities on inactive sites (sites where no work will be performed for more than three consecutive days)
shall be inspected weekly by the erosion and sedimentation control supervisor. During all other times of the
year, weekly inspections by the ESC site supervisor are required and shall be recorded.
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2. Weekly Field Reports. The geotechnical engineer shall monitor, during construction, compliance with the
recommendations in the geotechnical report including: site excavation, shoring, temporary erosion control, soil
support for foundation, piles, subdrainage installation, soil compaction and other geotechnical aspects of the
construction. Unless otherwise approved by the director, the specific recommendations contained in the
geotechnical report shall be implemented by the owner/applicant. Omissions or deviations from the approved
geotechnical report and civil plans shall be highlighted to the city in a separate report. All reports shall be
submitted to the city on a weekly basis for review. Failure to submit required reports may result in the issuance
of a stop work order.
3. Storm Events. During all work periods, special inspections shall be performed after "stone events" as
defined in ECDC 19.10.020(Q). The stone event report shall be provided within one week of the event.
D. Final Construction Report. The geotechnical engineer of record shall prepare a final written report to be
submitted to the building official stating that, based upon his or her professional opinion, site observations and final
site grading, the completed development substantially complies with the recommendations of the geotechnical report
and with all geotechnical-related permit requirements as shown on the approved plans.
"Substantially complies" means that the completed development offers at least the level of stability and safety, on
and off site, as was afforded by the original recommendations and report. Recommendations to the owner/applicant
shall be included in the report for future monitoring and maintenance of the property including drainage, tightlines,
catch basins, berms, retaining wall drainage, hazard mitigation improvements, slopes, bluffs, vegetation, and
permanent erosion control that affect slope stability over time. Occupancy of the residence shall not be granted until
the report has been reviewed and accepted by the building official. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1
(Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
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Chapter 19.15 MECHANICAL CODE AND FUEL GAS
CODE
Chapter 19.15
MECHANICAL CODE AND FUEL GAS CODE
Sections:
19.15.000
International Mechanical Code adopted.
19.15.005
Amendments.
19.15.010
International Fuel Gas Code adopted.
19.15.015
Repealed.
19.15.000 International Mechanical Code adopted.
The International Mechanical Code (IMC), 20- 2021 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. [Ord. 4212 § 1 (Art. A), 2021; Ord. 4029 § 1 (Aft. A), 2016; Ord. 3926 § 1 (Exh. A),
2013; Ord. 3796 § 3, 2010].
19.15.005 Amendments.
Chapter 1 is not adopted, except as provided for in ECDC 19.00.015. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1
(Art. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 3, 2010].
19.15.010 International Fuel Gas Code adopted.
The International Fuel Gas Code, 2021 2018-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. [Ord. 4212 § 1 (Art. A), 2021; Ord. 4029 § 1 (Att. A),
2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 3, 2010].
19.15.015 Amendments.
Repealed by Ord. 3926. [Ord. 3796 § 3, 2010].
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Chapter 19.20 PLUMBING CODE
Chapter 19.20
PLUMBING CODE
Sections:
19.20.000 Uniform Plumbing Code adopted.
19.20.005 Amendments.
19.20.010 Evidence of potable water.
Page 43/83
19.20.000 Uniform Plumbing Code adopted.
The Uniform Plumbing Code (UPC), 2021 2911-8-Edition, including Appendices A, B,-and I and AT published by the__ _ - Commented [LB13]: Appendices A, B, I and Mare
International Association of Plumbing and Mechanical Officials, as amended by the Washington State Building adopted by the state.
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. [Ord. 4212 § 1 (Art. A), 2021; Ord. 4029 § 1 (Att. A),
2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 4, 2010].
19.20.005 Amendments.
A. Chapter 1 is not adopted, except as provided for in ECDC 19.00.015.
B. Chapter 12, Fuel piping, is deleted.
C. Chapter 14, Firestop protection, is deleted. [Ord. 4212 § 1 (Aft. A), 2021; Ord. 4029 § 1 (Att. A), 2016; Ord.
3926 § 1 (Exit. A), 2013; Ord. 3796 § 4, 2010].
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. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Art. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 4, 2010].
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Chapter 19.25 FIRE CODE
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
Fire protection systems.
19.25.036
Dwelling fire sprinkler systems and connection fees.
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.
Page 44/83
19.25.000 International Fire Code adopted.
Under the statutory authority of RCW 19.27.031 and 19.27.074, the International Fire Code (IFC), 2021 2018
Edition, as published by the International Code Council including amendments set forth in Chapter 51-54A WAC,
and subsequently revised by this chapter, is hereby adopted including all fef _,...,.,.a A.....,.._a,. Appendices B, C, I,
and L. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1
(Exh. A), 2013; Ord. 3798 § 1, 2010].
19.25.005 Section amendments.
The following sections of the IFC have been added, amended, deleted or replaced as follows
A4. Section 102.5 Application of Residential Code. Adopted as originally set forth in IFC (notwithstanding
revisions thereto by the state building code council).
B3. Section 103.1-.2 Department of Fire Prevention. Replaced by ECDC 19.25.010.
C3. Section 104.8 Modifications. Replaced by ECDC 19.25.030.
D4. 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 and hazardous conditions of this code
when requested by the fire marshal.
E3. Section 105.1.1 Permits required. Replaced by ECDC 19.25.020.
F6. Section 108 Board of appeals. Replaced by Chapter 19.80 ECDC.
G-7. Section 109.4 Violation Penalties. Replaced by ECDC 19.25.070.
FIR. Section 202, the definition of HIGH-RISE BUILDING, is amended to read:
HIGH-RISE BUILDING. A building with an occupied floor or rooftop located more than 75 feet (22,860 ram)
above the lowest level of fire department vehicle access.
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Chapter 19.25 FIRE CODE
U. Section 308.1.6.3 Sky Lanterns. Is amended to read:
Vl
It is unlawful for any person to sell, use, transfer, discharge or ignite any sky lantern within the city limits.
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D. Chapter c F:_o iee Feat ._os J. ISectio 503 Fire Apparatus Access Roads is hereby adopted and amended to
Pp_ P
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- Commented [LB14]: Amended section 503 as props
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _-
read:
based on section 503 Fire Apparatus Access Roads anc d
blended with Appendix D which adds detail to the sect 'y
503.1 Scope.
requirements. Previously, FAAR requirements for Edm
Fire apparatus access roads shall be in accordance with this appendix and all other applicable requirements of the
were contained in South County Fire standards (largel, >_
International Fire Code (IFC.)
based on section 503 and Appx D) which are no longer
available for use. The requirements will now become {
Section 503.1.1 is amended to read:
the City ordinance.
Authority. The fire code official shall have the authority to require an increase in the minimum access
widths where they are inadequate for fire or rescue operations, and the authority to decrease the minimum
7
access widths where other fire protection features are provided.
m
Section 503.1.2 is added and reads:
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Definitiod of FIRE APPARATUS ACCESS ROAD. A road that provides fire apparatus access from a fire_
_ - Commented [LBI5]: This definition is the same as f, ++
station to a facility, building or portion thereof This is a general term inclusive of all other terms such as
in IFC chapter 2. It is included here for convenience. H J
fire lane, public street, private street, parking lot lane and access roadway.
a
503.2 Required.
+'
Approved fire apparatus access roads shall be provided and maintained for every facility, building, or portion of
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a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall
Comply with the requirements of this Section and shall extend to within 200 feet of all portions of the facility and
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all portions of the exterior walls of the first story of the building as measured by an approved route around the
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exterior of the building or facility. Unless otherwise approved by the fire code official, fire apparatus access
shall extend to within 50 feet of the main entry of any multi -family residential building.
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Parking lots, automobile sales lots, and outdoor storage areas, each with a capacity of 100 or more vehicles, shall
have a designated and approved fire apparatus access road circulating throughout the lot.
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The fire code official is authorized to increase the dimensions where any of the following conditions occur:
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EXCEPTIONS:
i
1. The fire code official is authorized to increase the dimension up to 300 feet where the building is
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equipped throughout with an approved automatic sprinkler system installed in accordance with IFC
Sections 903.3.1.1, 903.3.1.2, or 903.3.1.3 and approved by the fire code official.
2. When fire apparatus roads cannot be installed because of property locations, topog_raphv, waterways,
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non-negotiable grades or other similar conditions, an approved alternative means of fire protection may
-
be proposed to be evaluated by the fire code official.
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503.3 High Piled Storage.
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Fire department vehicle access to buildings used for high -piled combustible storage shall comply with the
applicable provisions of IFC Chapter 32.
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503.4 Additional Access.
+�'+
The fire code official is authorized to require two separate and approved fire apparatus access roads in
a
accordance with Subsection 503.4 through 503.4.4. Where two fire apparatus access roads are required, the
access roads shall comply with Subsection 503.4.5.
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Chapter 19.25 FIRE CODE
503.4.1 Potential Impairment.
Projects that have the potential for impairment of a single road by vehicle congestion, condition of terrain,
climatic conditions or other factors that could limit access shall be provided with two separate and
approved fire apparatus access roads,
503.4.2 Commercial and Industrial Developments.
Commercial and industrial developments shall have not fewer than two means of approved fire apparatus
access roads where any of the followingexist.
xist.
1. Where the vertical distance between the grade plane and the highest roof surface exceeds 30 feet. For
purposes of this section— the highest roof surface shall be determined by measurements to the eave of
a pitched roof, the intersection of the roof to the exterior wall, or to the top of parapet walls, whichever
is greater.
2. Buildings or facilities having a gross building area of more than 62,000 square feet.
503.4.3 Multiple -Family Residential Developments.
Multiple -family residential projects having more than 100 dwelling units shall be eauipaedprovided
throughout with two senarate and annroved fire apparatus access roads unless otherwise annroved by the
fire code official.
EXCEPTION:
1. Projects having un to 200 dwelling units shall have not fewer than one annroved fire annaratus access
road where all buildings, including nonresidential occupancies, are equipped throughout with an
approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2. If
more than 200 dwelling units, the project shall be provided with two separate and approved fire
annaratus access roads regardless of whether thev are eauinned with an annroved automatic surinkler
system.
503.4.4 One- Or Two -Family Residential Developments.
Developments of one- or two-family dwellings where the number of dwelling units exceeds 30; shall be
provided with two separate and approved fire apparatus access roads.
EXCEPTIONS:
1. Where there are more than 30 dwelling units on a single public or private fire apparatus access road and
all dwelling units are equipped throughout with an approved automatic sprinkler system in accordance
with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3, access from two directions shall not be required.
2. The number of dwelling units on a single fire apparatus access road shall not be increased unless fire
apparatus access roads will connect with future development, as determined by the fire code official.
503.4.5 Remoteness.
Where two fire apparatus access roads are required, they shall be placed a distance apart equal to and not
less than one-half of the length of the maximum overall diagonal dimension of the property or area to be
served, measured in a straight line between accesses.
503.5 Specifications.
All fire apparatus access roads shall comply with the minimum specifications found within this Section. The
fire code official shall have the authority to require or allow modifications to the required access specifications
where they are inadequate for fire or rescue operations or where necessary to meet the public safety objectives of
the jurisdiction.
The fire code official shall have the authority to decrease the minimum access widths where other fire protection
features are provided
503.5.1 Dimensions.
Fire apparatus access roads shall have an unobstructed width of 20 feet. Aerial fire apparatus access roads
shall have a minimum unobstructed width of 26 feet.
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503.5.2 Dead -End Roads.
Dead-end fire apparatus roads in excess of 200 feet shall be provided with a turnaround in accordance with
Figure DI.
503.5.3 Vertical Clearance.
Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches.
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503.5.4 Surface.
C
Fire apparatus access roads shall be designed, constructed, and maintained to support the imposed loads of
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not less than 75,000 pounds and 45,000 pounds point loads. Fire apparatus access roads shall be
constructed of asphalt, concrete, or other approved all-weather driving surfaces.
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503.5.5 Turning Radius.
The required turning radius of a fire apparatus access road shall have a 25-foot minimum inside turning
R
radius and a 45-foot minimum outside turning radius.
C
Fot{ all arterial streets, comer design should strive for an actual curb radius that is no more than 20 feet. A_ _ -
Commented [BL16]• Language added to assist in de 'a 1
variety of strategies can be employed to minimize the actual curb radius:
of public streets. J
m
On low volume two-lane streets, corner design should assume that a large vehicle will use the entire
width of the departing and receiving travel lanes, including the oncoming traffic lane.
At signalized intersections, corner design should assume the large vehicle will use the entire width of
4)
the receiving lanes on the intersecting street.
At signalized intersections where additional snace is needed to accommodate turning vehicles,
~
consideration can be given to recessing the stop line on the receiving street to enable the vehicle to use a
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portion of or the entire width of the receiving roadwU (encroaching on the opposing travel lanes
Recessingthe he stop bar should be balanced with signal operations.
On principal arterials where the City would anticipate frequent larger vehicle turning movements, a
radius evaluation based on a larger vehicle would be required but shall not exceed 30' without Public
M
Works Director approval.
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503.5.6 Grade.
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Unless otherwise approved, the grade of the fire apparatus access road shall not exceed fourteen percent
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(14%) and the cross clone of the road section or within a turnaround area shall not exceed five percent
i31
(5%). Grades exceeding twelve percent 12%) shall require additional fire protection features.
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503.5.7 Angles of Approach and Departure.
H
The angles of approach and departure for fire apparatus access roads shall not exceed a five percent ON
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change along any 10- foot section.
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503.5.8 Maintenance of Fire Apparatus Access Roads.
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503.5.8.1 Markings.
Where parking is prohibited, the fire apparatus access road shall be provided with approved
r
markings in accordance with Section 503.8.
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503.5.9 Bridges and Elevated Surfaces.
!_
Where a bridge, utility vault, or an elevated surface is part of a fire apparatus access road, the bridge, utility
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vault, or elevated surface shall be constructed and maintained in accordance with specifications established by
the fire code official and the city engineer, or their designees. At a minimum,'-o•weyeF the bridge or elevated
CI
surface shall be constructed and maintained in accordance with AASHTO Standard Specifications for Highway
Bridges. Bridges, vaults, and elevated surfaces shall be designed for a live load sufficient to carry the imposed
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loads of a 30-ton or greater fire apparatus, the total imposed load to be determined by the fire code official.
Vehicle load limits shall be posted at both entrances to bridges when required by the fire code official. If
required by the fire code official, where elevated surfaces designed for emergency vehicle use are adjacent to
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surfaces that are not designed for the use, approved barriers, or approved signs, or both, shall be installed and
maintained.
FIGURE Dl
DEAD-END FIRE APPARATUS ACCESS ROAD TURNAROUND
28' R W-1
TYP.'
70' r
—i 96' 26' R
28' R TYP.'
20'—T TYP.' 28' R
TYR, 20'
20' 26'
ACCEPTABLE ALTERNATIVE 120' HAMMERHEAD 96' DIAMETER 80•FOOT'r
TO 120' HAMMERHEAD CUL-DE-SAC
503.6 Aerial Fire Apparatus Access Roads
503.6.1 Where Required.
Where the vertical distance between the erade nlan and the highest roof surface exceeds 30 feet, aunroved
aerial fire apparatus access roads shall be provided. For the purposes of this Section, the highest roof
surface shall be determined by measurements to the cave of a pitched roof, the intersection of the roof to
the exterior wall, or the top of parapet walls, whichever is greater.
503.6.2 Two Access Roads.
Buildings that require aerial fire apparatus access roads, are _,.,...:_,.a to or -,.-.:a . shall be provided with two
separate and approved fire apparatus access roads ^-a :���-a� complying with Ssubsections 503.4
and 503.5 or as otherwise approved by the Ffire Geode Gofficial.
503.6.3 Proximity to Building.
One or more of the required access routes meeting this condition shall be located not less than 15 feet and
not greater than 30 feet from the building and shall be positioned parallel to one entire side of the building.
The side of the building on which the aerial fire apparatus access road is nositioned shall be aunroved by
the fire code official
503.6.4 Obstructions.
Overhead utility and power lines shall not be located over the aerial fire apparatus access road or between
the aerial fire apparatus road and the building. Other obstructions shall be permitted to be placed with the
approval of the fire code official.
503.7 Gates and Bollards.
Gates and bollards securing a fire department access road are subiect to permit approval by the fire code official
and shall comply with all criteria found in this Section.
503.7.1 Gates.
All gates shall be installed and maintained in accordance with Section 503.7.2 through 503.7.6 and and
other provision found in other codes or ordinances for the City of Edmonds. Gates across required fire
access shall be automatic gates. Additional access gates may be manual gates.
503.7.2 Width.
All gates shall have a minimum unobstructed width of 20 feet.
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503.7.3 Types of Gates.
Gates shall be of the swinging or sliding type. Chain Rates or cable Rates are not , per-eved «messhall not be
503.7.4 Manually Operated Gates.
All manually operated gates shall be designed to remain in the open position when left unattended.
Manual gates shall be provided with an approved method for emergency access complying with one of the
following:
1. High security padlock (Knox brand) keyed to the Edmonds Fire Department emergeae�,,
keywavas approved by the fire code official.
2. Installation of a Knox rapid access key box containing the gate key. jfWhere a key box is used, it shall
be installed on a gate support pillar or post adjacent to the gate. The box must always be visible to
anyone approaching the gate.
503.7.5 Electronically Operated Gates.
Gates electronically controlled shall have both a fire department override key switch (Knox brand) and an
automatic traffic control activation strobe light sensor (Tomar brand or equivalent,) complying with
Ssubsections 503.7.5.1 through 503.7.5.2
503.7.5.1 Override Key Switch.
Activation of an approved key switch shall open the gate/gates to the fully open position within 10
seconds and remain in the open position until reset by fire department personnel.
503.7.5.2 Automatic Traffic Control -Activation Strobe Sensors.
Annroved automatic traffic control -activating strobe light sensors shall be capable of detectin
emergency vehicle pulsing strobe lights (Tomar, Opticom or other compatible sensor) from any
direction of vehicle apnroach (interior and exterior), overriding all commands, and opening the
gate(s). In the event of a power failure, includingbattery attery backup, the gate(s) shall automatically open
by spring tension or other non -electrical methods. or the Bate must be capable of being pushed oven
without additional steps having to be performed
503.7.6 Maintenance.
Gate components shall be maintained in an operative condition at all times and replaced or repaired when
defective.
503.7.7 Bollards.
All bollards shall be installed and maintained in accordance with Section 503.7 and Subsections 503.7.7.1
through 503.7.7.5 and any other provisions found in other codes or ordinances for the City of Edmonds.
503.7.7.1 Type.
Bollards, when used to limit access to a fire department access roadway or fire lane, shall be
collapsible or fold down types.
EXCEPTION:
1. Other types of bollards may be approved on a case -by -case basis by the fire code official.
503.7.7.2 Locks.
Bollards shall be locked using a Knox pad lock. External frangible/breakable padlocks capable of
being removed by a forcible entry tool may be approved by the Efire Ecode Oofficial.
503.7.7.3 Dimensions.
Bollards diffiensiexsshall be a minimum of 2 inches in thickness and a minimum of 6 inches in
width, with a height of 30 to 48 inches. When the bollard is in its collapsed or folded position it
shall have a clearance not higher than 3.5 inches.
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Chapter 19.25 FIRE CODE
503.7.7.4 Color.
Bollards shall be yellow in color unless otherwise approved by the fire code official.
503.7.7.5 Maintenance.
Bollards shall be in an operative condition at all times and replaced or repaired when defective.
503.8 Markings.
Fire apparatus access roads shall be marked whenever necessary to maintain the unobstructed minimum required
width of roadways. Subject to the fire code official's approval, marked fire apparatus access roads, or "fire
lanes" as defined within this code, may be established, or relocated at the time of plan review, pre -construction
site inspection and/or post -construction site inspection, as well as any time during the life of the occupancy.
Fire lanes shall be approved by the fire code official with the markings indicated in this Section.
503.8.1 Curb Markings and/or Pavement.
Fire apparatus access roads established by the fire code official shall be indicated by curb and/or pavement
markings in accordance with 503.8.1.1 and 503.8.1.2. Yellow pavement striping directly in front of the
curb is an acceptable alternative to painted curbs.
503.8.1.1 Yellow Curbs.
Curbs and/or pavement shall be identified by yellow traffic paint and the striping method shall
comply with the following:
1. Fire lane markings shall be identified with 4-inch wide yellow stripe on the pavement, extending
the length of the designated fire lane.
2. Squared curbs shall be provided with a 4-inch wide stripe on the top and front, extending the
length of the designated fire lane.
3. Rolled curbs shall be provided with a 4-inch wide stripe on the curb, extendingthe he length of the
designated fire lane.
4. Only those fire apparatus access roads established by the fire code official can utilize yellow
marking paint with the term "fire lane."
503.8.1.2 Lettering on Curbs and/or Pavement.
In addition to curbs and pavement being identified in yellow traffic paint, there shall also be "FIRE
LANE — NO PARKING" complying with the following:
Pavement fire lane lettering:
1. Pavement stencil shall be a minimum of 12 inches tall, yellow, "FIRE LANE — NO PARKING"
with thick font lettering for clear and easy reading.
2. Pavement Stencil shall be positioned as to be legible from the fire lane side of the fire lane
stripping and placed parallel to the fire lane stripping.
3. Pavement stencil shall be spaced every 30' feet and alternate with the opposite side of fire lane
lettering.
4. When a fire hydrant is present, the stencil shall be centered directly in front of the hydrant.
Curb fire lane lettering:
1. Curb $stencils shall be centered on curb face between fire lane signs when required.
2. Curb stencils shall be red in color.
3. When a fire hydrant is present, the stencil shall be centered directly in front of the hydrant.
4. Stenciling shall be spaced evenly between "NO PARKING" signs with a rnaxit uw"istance
between stencilin of f no greater than 75 feet.
503.8.2 Signs.
Where approved by the fire code official, "FIRE LANE — NO PARKING" signs may be used in addition
to, or in lieu of painted pavement or curbs. Fire apparatus access roads established by the fire code
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official that require signage shall be indicated with approved signs in accordance with 503.8.2.1 and
503.8.2.2.
503.8.2.1 Specifications.
Fire apparatus access road markings shall include the addition of metal signs complying with the
following:
1. Metal construction 12 inches wide by 18 inches high.
2. Red letters on a white reflective back rg ound.
3. Sign shall read "NO PARKING— FIRE LANE —TOW AWAY ZONE."
4. The letters indicating "NO PARKING" and "FIRE LANE" shall be no less than 2 inches in height.
5. The letters indicating "TOW AWAY ZONE" shall be no less than 1 inch in height.
503.8.2.2 Sign Placement.
Placement of `NO PARKING —FIRE LANE — TOW AWAY ZONE" signs shall comply with the
following:
1. When the total length of the restricted area is less than 75 feet, a minimum of one sign is required
to be placed in the center of the area.
2. In restricted areas with a total length greater than 75 feet, a minimum of two signs are required
with the first being located at the beginning of the restricted area with an arrow pointing towards
the restricted area and the second located at the end of the restricted area with an arrow pointing
back into the restricted area.
3. Additional signs are required to comply with a maximum distance between signs of no greater
than 75 feet.
503.8.3 Alternative Fire Lane Paving Markings.
Fire apparatus access roads and/or turnarounds that use paving systems that allow grass to grow in between
structural elements that support a fire truck shall be approved by the fire code official.
503.8.3.1 Curbing.
tr-affie t and 1,... ine "FIRE LANE NE NO U A D V NG" lett..,-:......ai tee :n red t.-..CC.., paint leeate
on the tee and c ee e f4ho eufb.Where curbing is used as a border for alternative fire lane surfaces,
marking shall be as approved by the fire code official.
503.8.3.2 Signs.
A fninifymm of one fife lane sien shall be posted a4 eaeh en4mee anWer exit to Where
alternative fire lane surfaces are used, simage shall be installed as required by the fire code official.
The fire lane signs shall comply with the following:_
1. Metal construction 12 inches wide by 18 inches high.
2. Red letters on a white reflective background.
3. Sign shall read "FIRE LANE" and have a symbol of a fire apparatus with a green bar beneath it.
4. The svmbol of the fire apparatus with the green bar beneath it shall take uD no less than 2/3 of the
sign space.
503.8.4 Alternative Materials and Methods.
The fire code official may modify, on a case -by -case basis, any of the marking provisions in this section
where practical difficulties exist. Modification requests with proposed alternatives: shall be submitted in
writing to the fire code official.
503.9 Obstructions and Traffic Calming Devices.
503.9.1 Obstructions.
Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles.
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503.9.2 Traffic Calming Devices.
Traffic calming devices shall be prohibited unless approved by the fire code official.
increase in the they inadequate for fire the
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minimum access widths where are or rescue operations, and authority
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to decrease the minimum access widths where other fire protection features are provided.
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K2. Section 504.1 Required access, is amended to read:
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Exterior doors and openings required by this code or the International Building Code, including exterior doors
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and openings facing interior courtyards, shall be maintained readily accessible for emergency access by the fire
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department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be
provided where required by the fire code official. New buildings with enclosed interior courtyards shall have a
straight and direct access corridor or stairway from the exterior to the courtyard at a location approved by the
fire code official. If a stairway is used it shall comply with International Fire Code Section 1011 and a corridor
7
shall comply with International Fire Code Section 1020. The access shall have a minimum width of 4 feet,
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unless otherwise approved by the fire code official, and be large enough to carry a 20 foot long folded sectional
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ladder directly from the exterior to the courtyard without obstructions. The access door shall be marked at the
street as "Direct access to courtyard".
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L3. Sectioni505.1 Address Identification, is amended to read: _ _ _ __ - -
Commented [BL17]: Amended to match IBC 502.1.
ECDC 19.00.025P. Q
Approved numbers or addresses shall be installed by the property owner for new and existing buildings in such
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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
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contrasting color to the building base color. Where public or private access is provided and the building address
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cannot be viewed from the public way, a monument, pole or other approved sign or means shall be used to
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identify the structure. This means of premises identification does not preclude approved identification also
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affixed to structure.
EXCEPTION:
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1. Structures built in accordance with the International Residential Code.
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M34. Section 507.5.1.1 Hydrant for standpipe systems, is amended to read:
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Fire hydrants for sprinkler and standpipe systems. Buildings equipped with a Fire Department Connection
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(FDC) shall have a fire hydrant within 50 feet or as approved by the fire code official.
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E. Chapter 9, Fire Proteetion Systems
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N3. Section 901.4.6.1 Access, is amended to read:
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Automatic sprinkler system risers, fire pumps and controllers shall be provided with ready access. Sprinkler
riser rooms shall be located on an outside wall at grade, with direct exterior access. This room shall contain
sprinkler control valves, sprinkler backflow assembly (unless prohibited by the water purveyor), fire pump and
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associated components and the fire alarm control panel(s). Such rooms shall be of a size that will allow a
minimum of 36-inch clearance around all portions of the fire pump assembly and in front of the fire alarm
panel(s). All risers shall have a minimum of 36" clear space at the front and 18" on the remaining sides. All
drains are to be plumbed to the exterior of the building. No other uses or utilities shall be allowed in this room.
Where located in a fire pump room or automatic sprinkler system riser room, the door shall be permitted to be
locked provided that the key is available at all times.
02. Section 901.6.3.1 Records information, is amended to read:
Initial records shall include the name of the installation contractor, type of components installed, manufacturer
of the components, location and number of components installed per floor. Records shall include the
manufacturer's operation and maintenance instruction manuals. Such records shall be maintained for the life of
the installation. Annual confidence test reports for fire alarm and sprinkler systems and semi-annual inspection
test reports for commercial hood suppression systems shall be submitted to the Department of Fire Prevention
by the method approved by the fire code official within 14 days of the test/inspection date.
P3. Section 903.2 is amended to read:
Where Required. Approved automatic fire sprinkler systems in new and existing buildings and structures shall
be provided in the locations listed in sections 903.2.1 through 903.2.13.
Q4. Section 903.2.13 is added.
Automatic fire sprinkler systems shall be provided as required by ECDC 19.25.035A.
R3. Section 903.3.7 is amended to read:
Fire department connections shall be installed in accordance with Section 912 and ECDC 19.25.035B 35C.
S6. Section 907.2 is amended to read:
Where required — New and existing buildings and structures. An approved fire alarm system installed in
accordance with this code and NFPA 72 shall be provided in Sections 907.2.1 through 907.2.24 and provide
occupant notification in accordance with Section 907.5, unless other requirements are provided by another
section of this code.
T7. Section 907.2.24 is added.
Fire alarm and detection system shall be provided as required by ECDC 19.25.033C035D.
U. Section 2303.2, Emergency disconnect switches, is amended to read:
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An approved emergency disconnect switch shall be provided at an approved location to stop the transfer of fuel
to the fuel dispensers in the event of a fuel spill or other emergency. The emergency disconnect switch for
exterior fuel dispensers shall be provided with ready access and shall be located within 100 feet (30,480 mm)
of, but not less than 20 feet (6,096 mm) from, the fuel dispensers. For interior fuel -dispensing operations, the
emergency disconnect switch shall be provided with ready access and be installed at an approved location. Such
devices shall be distinctly labeled as: EMERGENCY FUEL SHUTOFF. Emergency controls shall have an
approved means of signage and illumination.
VG. Chapter 36, Marinas. Replaced in entirety by Chapter 19.65 ECDC
H. Chapter 56, Explosives and Fireworks.
WI. Section 5601.1.3 Fireworks. Replaced by Chapter 5.27 ECC.
X. Sections 5704.2.9.6.1 (outside) and 5706.2.4.4 (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.
Y. Section 6104.2 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.
[Ord. 4212 § 1 (Att. A), 2021; Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Art. A), 2016; Ord. 3926 § 1 (Exh. A),
2013; Ord. 3798 § 1, 2010].
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 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. An annual report shall be provided to the mayor containing proceedings under this code, with other statistics as
the fire chief and mayor wish to include. The fire marshal may also recommend any changes to the code. [Ord. 4212
§ 1 (Aft. A), 2021; Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Art. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord.
3798 § 1, 2010].
19.25.015 Definitions.
A. Whenever the term "fire code official" is used in the IFC, it shall mean the fire marshal or chief of fire
prevention.
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. [Ord. 4212 §
1 (Art. A), 2021; Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Art. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord.
3798 § 1, 2010].
19.25.020 Permits.
A. Operational permits required under the city's fire code and regulated by the city shall be issued by the fire
marshal. The application for the 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
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Chapter 19.25 FIRE CODE
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. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4111 § 1
(Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 1, 2010].
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19.25.025 Charges for fire review and inspection.
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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
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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
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classifications of fire marshal and fire inspector.
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,
lie sement licenses issued to Chapier 4.32 EGG, eabaret danee lieenses issued to Chapter
pufstiant pufsuaf4
entertainment facility licenses issuedp •. ________
adult ursuant to Chapter 4.52 ECC business licenses issued
Commented [BL18]: Ord 4269 repealed Chs.4.32,4 r
pursuant to Chapter 4.72 ECC, and aircraft landing licenses issued pursuant to Chapter 4.80 ECC.
and 4.75. d J
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C. No charge shall be levied against any department or agency of the city of Edmonds operating within the city's
general fund. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 §
1 (Exh. A), 2013; Ord. 3798 § 1, 2010].
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19.25.030 Modifications, interpretations and appeals.
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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
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approved modifications shall be promptly given to the applicant.
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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
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standards.
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C. Whenever the fire marshal disapproves an application or refuses to grant a permit applied for, or when it is
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claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been
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misconstrued or wrongly interpreted, the applicant may appeal from the decision of the fire marshal to the hearings
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examiner. Such appeals shall be governed by the procedures set forth in Chapter 19.80 ECDC. [Ord. 4212 § 1 (Att.
A), 2021; Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 1,
2010].
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19.25.035 Fire protection systems.
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A. Automatic Fire Sprinklers. In addition to the requirements of IFC Section 903.2, an approved automatic fire
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sprinkler system shall be installed and maintained throughout all buildings, structures, floors, and suites described in
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this section. If conflicts exist between the IFC and this section, this section shall prevail. All sprinklers shall be
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installed per the applicable NFPA and South Count • F"e's (SCF) fire sprinkler standard. For the purposes of this
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section, spaces separated by fire walls, fire barriers, fire partitions and fire -resistance -rated horizontal assemblies
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noted in Chapter 7 IBC shall not be considered to be separate buildings or fire areas. Partial area automatic sprinkler
systems are prohibited except where approved by the fire code official.
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1. In all new buildings and structures with a fire area of 5,000 or greater square feet, regardless of type or use.
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2. In existing buildings, structures, or suites that undergo an addition where the new total fire area is 5,000
square feet or greater.
3. When required by the International Existing Building Code (IEBC) for existing buildings and structures
undergoing additions, alteration, repairs, or changes of occupancy and exceeding 5,000 square feet in fire area.
The classification of work level shall be determined by the building and fire code official. Changes of
occupancy resulting in an equal or lesser hazard category shall not require sprinklers where approved by the
fire code official.
4. In existing buildings, structures, or suites having an existing automatic fire sprinkler system that does not
protect all areas, when the unprotected areas undergo an alteration, repair, modification, or similar
improvement requiring a building permit, those unprotected areas shall be provided with protection as approved
by the fire code official.
5. Where required fire access road grade is 12 percent or greater
6. When adequate fire protection is not available for vehicles parked in an open-air parking garage from fire
apparatus at street level, approved dry standpipes shall be installed.
7. One- and two-family dwellings and townhouses constructed under the International Residential Code shall
be provided with automatic fire sprinkler systems where required by ECDC 19.05.020.
8. Existing sprinkler deficiencies including ping without adequate seismic bracing, hangers, painted heads,
inadequate sprinkler coverage, etc. shall be corrected whenever the sprinkler system is modified. The area of
these upgrades shall be throughout the area of sprinkler modification.
9. Sprinkler protection for Rl and R2 occupancies shall be provided to all exterior balconies, decks, exterior
egress paths, and ground floor patios provided there is a roof or deck above. Sidewall sprinklers that are used to
protect such areas shall be permitted to be located such that their deflectors are with 1 inch to 6 inches below
the structural members and a maximum distance of 14 inches below the deck of the exterior balconies and
decks that are constructed of open wood joist construction.
10. Sprinkler protection shall be extended to combustible attics) of RI and R2 occupancies greater than three
floors in height.
11. All "M", "S" and "H" Occupancy (as defined by the IBC,) canopies and overhangs that exceed 4 feet in
width shall be provided with fire sprinklers regardless of construction type.
Exposed insulation located above sprinkler heads shall be supported by a minimum 24 inch x 24 inch non-
combustible wire mesh.
Service providers hired by the building owner are responsible for electronically submitting completed annual
confidence test reports of fire alarm systems, sprinkler systems, fire pumps, suppression systems, and
standpipes to the appropriate fire prevention offices' online reporting system within 14 days of the completed
inspection.
B. Sprinkler Riser Rooms.
1. Sprinkler riser rooms for NFPA 13 and 13R systems shall be located on an outside wall at grade or as approved
by the fire code official.
2. The riser room shall contain all sprinkler control valves, backflow assembly (unless prohibited by the water
purveyor), fire pump, if provided, and the fire alarm control panel(s). No other uses or utilities includingstorage
torage
shall be allowed in the riser room.
3. Riser rooms shall be of a size that will allow a minimum of 36" clearance along the front of all riser(s) and
equipment and a minimum of at least 18" on the three remaining sides of all sprinkler risers, pumps and
appurtenances
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4. Major building remodels or square footage increases may elicit the need to construct an exterior accessible riser
room if not previously existing as approved by the fire code official.
5. An all-weather RED placard with 2" white lettering reading "FIRE SPRINKLER CONTROL ROOM" shall be
permanently affixed to the EXTERIOR of the riser room door at a height of 72", or at a location approved by the fire
code official.
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6. An all-weather red placard with 2" white letteringreading eading "NO STORAGE" shall be permanently affixed to the
EXTERIOR of the riser room directly below the "FIRE SPRINKLER CONTROL ROOM" sign.
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7. An all-weather RED placard with 2" white lettering reading "NO STORAGE ALLOWED" shall be permanently
affixed to at least one INTERIOR wall of the riser room in a readily visible location.
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8. A Knox brand box shall be installed on the exterior of the riser room door and at the main entrance to all
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buildings in accordance with SCF's Emergency Access Standard. The box shall be installed at a height of 60-72".
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Boxes are available at www.knoxbox.com.
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9. Riser rooms shall be provided with map(s) showing what areas of the building are covered by the system(s).
These map(s) shall indicate the building layout, location of all sprinkler zones, standpipe outlets, control valves,
water -flow alarm devices, and remote drains. All maps shall be legible, easily understood, laminated and
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permanently attached to the wall in the riser room.
C. Fire Department Connection (FDC).
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1. FDC's shall be installed remote from the building, out of the collapse zone, in an approved location along a
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public street or fire apparatus access road and located within -between 3 feet and 50 feet ef-from a fire hydrant
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or as approved by the fire code official.
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Exception: In the downtown core, where a building fronts a public sidewalk, FDC°s shall be on the face of the
building.
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2. FDC's shall be installed in accordance with the applicable IFC provisions and NFPA standards. and SCFCma's
kire sprinkler-standrsr
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3. FDC's shall be equipped with a 4" Storz adapter, Knox locking cap and a 30/120-degree downturn fitting_
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4. FDC's shall be painted red and labeled with the building address. Partial systems shall indicate the area
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covered by the system.
5. FDC's shall be provided with additional signage as required by NFPA 13.
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6. FDC's shall be provided with an approved placard indicating the required pressure to be delivered and what
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type of system(s) they serve.
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O.D. Fire Alarms and Detection Systems. In addition to the requirements of IFC Section 907.2, an approved, _ -
Commented [BL19]: Fire alarm section expanded tc 4)
monitored automatic fire alarm system shall be installed and maintained throughout all buildings, structures, floors,
incorporate South County Fire standards that are no Ic
and suites described in this section. If conflicts exist between the IFC and this section, this section shall prevail. Fire
available.
alarm systems shall be installed per the IFC and NFPA 72 National Fire Alarm and Signaling Code. and c'�-�' �-
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ahwn+4...a.._a. Partial area fire alarm systems are prohibited except where approved by the fire code official.
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Exception: Structures regulated by the International Residential Code.
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1. In all new buildings and structures with a fire area of 3,000 or greater square feet, regardless of type or use.
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2. In existing buildings and structures that undergo an addition where the new total fire area is 3,000 square feet
or greater
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3. When required by the International Existing Building Code (IEBC) for existing buildings and structures
undergoing additions, alterations, repairs or changes of occupancy and exceeding 3,000 square feet in fire area.
The classification of work level shall be determined by the building and fire code official. Changes of
occupancy resulting in an equal or lesser hazard category shall not require fire alarms where approved by the
fire code official.
4. in existing buildings, structures or suites having an existing fire alarm system that does not protect all areas,
when the building, stndeture, of suite tindefgees an altefation, fepair, fnedifieation, or similaf improvement
requifing a building peffflit, unpfeteeted aivas shall be pfovided with pfeteetien as appFoved by the fire eede
e€%eial. Where an existing building or suite provided with a fire alarm system, fire detection system, or
supervised sprinkler system undergoes an alteration, repair, modification, change of use or occupancy, or where
a fire alarm control panel is installed, replaced or upgraded, all fire alarm initiation and notification devices
located within the entire building shall be required to meet both the currently adopted IFC and NFPA 72
National Fire Alarm and Signaling Code unless otherwise approved by the fire code official.
5. In existing buildings, structures, suites, or areas that undergo additions, alterations, repair or modification
that have fire sprinkler protection and lack a fire alarm system.
The installation, upgrade, or replacement of an existing Fire Alarm Control Panel (FACP) shall require that all fire
alarm system components meet both the currently adopted IFC and NFPA 72 National Fire Alarm and Signaling
Code. Exception: FACP replacement of the same make and model as the existing panel.
Systems and their components shall be listed and approved for the purpose for which they are installed. All new
alarm systems shall be addressable, and each device shall have its own address and shall annunciate individual
addresses to an approved central station. All new FACP's shall be installed in the fire riser room and have signage
stating "Fire Alarm" or "Fire Alarm Control Panel" affixed to the outside of the door. Signs shall be Red, with 2
inch white letters.
All means of communication between the FACP and the central station shall be of a method approved by the fire
code official and be provided with a minimum of 24 hours' standby power. Only components that are serviceable by
a fire alarm technician shall be part of the means of communication located on the protected premises. The fire code
official shall maintain a list of approved communication means.
Detection shall be provided in all Rl and R2 occupancy buildings with common hallways and at the top of stairway
unless otherwise approved by the fire code official.
FACP's shall be provided with an approved Knox key box for access.
Duct smoke detectors shall be connected to the FACP and renort as a sunervisory signal.
At least one audio/visual notification device shall be installed on the exterior of the buildingfacing acin fig re department
arrival. One visual notification device shall be required to be located at the exterior entrance to a fire alarm control
panel room as approved by the fire code official.
Testing Maintenance. Service providers hired by the building owner are responsible for electronically submitting
completed annual confidence test reports of fire alarm systems, sprinkler systems, fire pumps, suppression systems,
and standpipes to the appropriate fire prevention offices' online reporting system within 14 days of the completed
inspection.
Partial area fire alarm and detection systems are prohibited except "ere approved by the fire code official.
ME. Systems Out of Service. For the first 48 hours, the owner may provide a competent adult to serve as a fire
watch. After the initial 48 hours, the fire watch must be provided by a licensed and bonded private security company
until the system is returned to full service. The owner must furnish the fire marshal with the name and contact
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information of the competent adult and/or security company within eight hours of implementing a fire watch. Fire
watch must comply with SCF's fire watch standard. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4111 § 1 (Exh. 1), 2018;
Ord. 4029 § 1 (Art. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 1, 2010].
19.25.036 Dwelling fire sprinkler systems and connection fees.
A. Where dwelling fire sprinkler systems are required to be installed in a dwelling (building containing one or two
dwelling units) constructed under the International Residential Code (IRC), a single water connection may provide
fire protection and domestic services through combination water lines utilizing an integrated fire and plumbing flow -
through piping system described in IRC Appendix t}U (WAC 51-51-60105).
B. Automatic sprinkler systems installed pursuant to subsection (A) of this section shall not be subject to the cost
differential from general facility charges for connection to the public water system when an up -sized meter is
required to meet the design flow rate for, and is solely attributable to, the installation of the automatic sprinkler
system. Refer to ECC 7.30.035 for specific requirements. All ethe_ east, including the expense of a larger mete.
general facility charge attf-ibu4able te the meter sized for the domestic service alone, and other permits and fees, shall
femain the responsibility of the evffier.
C. When automatic sprinkler systems designed for life safety and installed pursuant to subsection (A) of this section
are integrated and dependent upon the domestic water supply of the residential dwelling unit, the property owner
shall be responsible for maintaining the service connection and paying for an adequate supply of water to the
residential dwelling unit. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016;
Ord. 3926 § 1 (Exh. A), 2013; Ord. 3819 § 3, 2010].
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. [Ord. 4212 § 1 (Art. A), 2021; Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016;
Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 1, 2010].
19.25.045 Charges for water mains and hydrants.
A. 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. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1
(Exh. A), 2013; Ord. 3798 § 1, 2010].
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.
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Chapter 19.25 FIRE CODE
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. [Ord. 4212 § 1 (Art. A), 2021; Ord. 4111 § 1 (Exh.
1), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 1, 2010].
19.25.055 Location of public hydrants.
A. Public hydrants are those owned by the city.
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 one- and two-family residential use, public hydrants shall have a maximum lateral spacing of
600 feet with no lot or parcel in excess of 300 feet from a fire hydrant.
D. In areas other than one- and two-family residential, public fire hydrants shall have a maximum lateral spacing of
300 feet with no structure in excess of 150 feet from a fire hydrant. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4111 § 1
(Exh. 1), 2018; Ord. 4029 § 1 (Art. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 1, 2010].
19.25.060 Location of private hydrants.
A. A private hydrant is privately owned, but is subject to use by 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 one- and two-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. One- and
two-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 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. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A),
2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 1, 2010].
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.
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Chapter 19.25 FIRE CODE
D. Hydrants shall stand plumb, and 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.
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. [Ord. 4212 §
1 (Att. A), 2021; Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord.
3798 § 1, 2010].
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. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1
(Exh. A), 2013; Ord. 3798 § 1, 2010].
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Chapter 19.30 ENERGY CODE
Chapter 19.30
ENERGY CODE
Page 62/83
Sections:
19.30.000 State Energy Code adopted.
19.30.000 State Energy Code adopted.
The Washington State Energy Code, 2021 2048-Edition, as adopted and amended by the Washington State Building
Code Council in Chapters 51-11C and 51-11R WAC, is hereby adopted. [Ord. 4212 § 1 (Art. A), 2021; Ord. 4029 §
1 (Att. A), 2016; Ord. 3926 § 1 (Each. A), 2013; Ord. 3796 § 5, 2010].
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Chapter 19.35 INTERNATIONAL SWIMMING POOL
AND SPA CODE
Chapter 19.35
INTERNATIONAL SWIMMING POOL AND SPA CODE
Sections:
19.35.000 International Swimming Pool and Spa Code adopted.
19.35.000 International Swimming Pool and Spa Code adopted.
The International Swimming Pool and Spa Code, 2021 20I-8-Edition, published by the International Code Council, is
hereby adopted. The design and construction of swimming pools, spas and other aquatic recreation facilities shall
comply with the ISPSC, where the facility is one of the following, except that public swimming pool barriers are
regulated by WAC 246-260-031(4):
A. For the sole use of residents and invited guests at a single-family dwelling;
B. For the sole use of residents and invited guests of a duplex owned by the residents; or
C. Operated exclusively for physical therapy or rehabilitation and under the supervision of a licensed medical
practitioner.
All other "water recreation facilities" as defined in RCW 70.90.110 are regulated under Chapters 246-260 and 246-
262 WAC. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Art. A), 2016]:
19.35.010 Chanter 1 not adopted.
Chapter 1 is not adopted, except as provided for in ECDC 19.00.015.
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Chapter 19.40 INTERNATIONAL PROPERTY
MAINTENANCE CODE
Chapter 19.40
INTERNATIONAL PROPERTY MAINTENANCE CODE
Page 64/83
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, 204 8-2021 Edition, published by the International Code Council, is
hereby adopted. [Ord. 4212 § 1 (Art. A), 2021; Ord. 4029 § 1 (Art. A), 2016; Ord. 3926 § I (Exh. A), 2013; Ord.
3796 § 6, 2010].
19.40.005 Amendments.
A. Section 102.3, Application of other codes, is amended to read:
Repairs, additions or alterations to a structure, or changes of occupancy shall be done in accordance with the
procedures and provisions of the codes listed in ECDC 19.00.005. Nothing in this code shall be construed to
cancel, modify or set aside any provision of the ECDC.
B. Section 406109, 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 4"111.2, Closing of vacant structures, 4884111.4, Notice, 44"l 11.7, Placarding, 4- . 111.8,
Prohibited occupancy, 44"111.9, Restoration or Abatement -methods, and 108.7, Record, are deleted and replaced
by the provisions of Chapter 20.110 ECDC.
D. Section 444107, Means of Appeal, is deleted and replaced by ECDC 20.110.040(C).
E. Section 302 is deleted.
F. Section 303 is deleted.
G. Section 308 is deleted.
H. Section 309 is deleted. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § I (Exh. A),
2013; Ord. 3796 § 6, 2010].
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Chapter 19.45 INTERNATIONAL CODE COUNCIL
PERFORMANCE CODE
Chapter 19.45
INTERNATIONAL CODE COUNCIL PERFORMANCE CODE
Sections:
N
19.45.000 International Code Council Performance Code adopted.
d
19.45.000 International Code Council Performance Code adopted.
0
The International Code Council Performance Code, 2048-2021 Edition, published by the International Code
(j
Council, is hereby adopted. [Ord. 4212 § 1 (Art. A), 2021; Ord. 4029 § I (Art. A), 2016; Ord. 3926 § I (Exh. A),
d
2013; Ord. 3796 § 7, 2010].
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Chapter 19.50 INTERNATIONAL EXISTING
BUILDING CODE
Chapter 19.50
INTERNATIONAL EXISTING BUILDING CODE
Page 66/83
Sections:
19.50.000 International Existing Building Code adopted.
19.50.000 International Existing Building Code adopted.
The International Existing Building Code, 2018 2021 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 Chapter ^ (Guidelines for the qeiqMir. r-etrefit of existing
buildings) and Resom I (— i I " fire ratings of archaic materials and assemblies). [Ord. 4212 § I (Att. A),
2021; Ord. 4029 § I (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 8, 2010].
19.50.010 Chapter 1 not adopted.
Chapter 1 is not adopted, except as provided for in ECDC 19.00.015.
Chapter 19.52
INTERNATIONAL WILDLAND URBAN INTERFACE CODE
Sections:
19.52.000 International Wildland Urban Interface Code adopted.
19.52.000 International Wildland Urban Interface Code adopted.
The Intemational Wildland Urban Interface Code, 2021 Edition, published by the Intemational Code Council, as
amended by the Washington State Building Code Council in Chapter 51-55 WAC, and as subsequently amended by
this chapter, is hereby adopted.
19.52.010 Chapter 1 not adopted.
Chapter 1 is not adopted, except as provided for in ECDC 19.00.015.
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State.
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Chapter 19.55 ELECTRICAL CODE
Chapter 19.55
ELECTRICAL CODE
Sections:
19.55.000
National Electrical Code adopted.
19.55.005
When code effective.
19.55.010
Nonliability.
19.55.015
Conflicts — How resolved.
Page 67/83
19.55.000 National Electrical Code adopted.
Under the statutory authority of RCW 35A.70.050 and 19.28.141, the city of Edmonds may enforce the same
permitting and inspection standards applicable to basic electrical work as are enforced by the Department of Labor
and Industries, including but not limited to the version of the National Electrical Code that the Department of Labor
and Industries has most recently adopted by rule. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord.
3796 § 9, 2010; Ord. 3651 § 1, 2007].
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. [Ord. 4029 § 1 (Art. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 §
9, 2010; Ord. 3651 § 1, 2007].
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. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord.
3796 § 9, 2010; Ord. 3651 § 1, 2007].
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. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 9,
2010; Ord. 3651 § 1, 2007].
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Chapter 19.60 MOVING BUILDINGS
Chapter 19.60
MOVING BUILDINGS
Sections:
19.60.000
Permit required.
19.60.005
Applicability.
19.60.010
Application requirements.
19.60.015
Pre -move inspection requirements and building upgrades
19.60.020
Correction of defects.
19.60.000 Permit required.
Any person who proposes to move an existing building into or through the city of Edmonds shall, before the move,
apply for and obtain a moving permit from the building official. A moving permit is separate from, and in addition
to, any and all other permits required to bring the moved building into compliance with current adopted codes and
city regulations. Separate permit approvals for grading, shoring, foundation, remodeling, repair or alteration may be
imposed to bring the building to current adopted code standards and zoning compliance for height and setbacks.
[Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
19.60.005 Applicability.
Buildings or structures moved into or within the city shall comply with the provisions of this code including the
current adopted editions of the following codes: International Building Code, International Residential Code,
International Mechanical Code, International Fire Code, Uniform Plumbing Code, Washington State Energy Code,
International Existing Building Code, International Property Maintenance Code, and applicable state WAC
amendments. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
19.60.010 Application requirements.
A. In order to obtain permits to move any building through, along, or across the streets or any public place within
city limits, the building official shall determine permit submittal requirements which, at a minimum, shall contain:
1. Proposed route;
2. Location of any overhead utility lines or traffic signals along with their height along the route; and
3. Dimensions of building proposed to be moved.
B. The permit application shall be reviewed by the building official, public works director, police chief, traffic
engineer, fire department and any other affected city department. If the proposed moving will unduly interfere with
the rights of the public as determined by the city engineer or designee, the permit shall be denied. Denial of the
application by one department shall constitute denial of the permit by the city.
C. A performance bond or frozen fund, pursuant to Chapter 17.10 ECDC, in an amount to be determined by the
building official shall be posted prior to permit issuance guaranteeing the completion of all required site
development improvements or site cleanup and/or repair of damage to public property no later than 180 days after
the permit is issued. The bond or frozen fund will be exonerated upon final project approval provided all required
site restoration and/or improvements are installed, inspected and approved to city standards.
D. The moving contractor shall be state licensed and carry general public liability insurance for the amount no less
than $1,000,000, valid during entire building moving operations, and the insurance policy shall name the city as an
additional named insured, against the injury, death, property damage and/or loss arising from or out of the city's
involvement in the permitting process for the project.
E. As a condition of obtaining a moving permit, the moving contractor shall assume all liability for any damage to
public property by such moving operations. Repair of damage to any public property improvement shall be
completed under a valid permit within 30 days of date of notice. Emergency repair work performed by city crews to
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Chapter 19.60 MOVING BUILDINGS
Page 69/83
repair damage to public improvements shall be charged against the moving contractor. [Ord. 4029 § 1 (Aft. A),
2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
19.60.015 Pre -move inspection requirements and building upgrades.
A. Upon application and payment of the building moving permit fee, the building official shall coordinate a date and
time to perform a pre -move inspection with the applicant. The pre -move inspection shall be made at the original
location of the building before it is moved.
B. The applicant shall remove from the building as much of the interior wall and ceiling coverings as is necessary in
the judgment of the building official to conduct a thorough inspection of the wiring, plumbing and structural features
of the building. The building official shall determine what structural, energy, ventilation, plumbing, mechanical and
life -safety upgrades shall be imposed on any building moved into or within city limits in compliance with current
adopted codes. Designated historic buildings are also subject to provisions of Chapter 19.50 ECDC. [Ord. 4029 § 1
(Aft. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
19.60.020 Correction of defects.
If, at or after the time of the inspection, the building official notifies the applicant that any portion of the building,
electrical wiring or rough plumbing is in any way in violation of the ordinances of the city of Edmonds, so that
compliance will require a replacement of any parts or materials used, then any defective parts or materials shall be
removed from the building before it is moved. Any corrections required to comply with the ECDC, IBC and IRC
shall be completed and inspected before final approval and occupancy is granted. [Ord. 4029 § 1 (AIL A), 2016;
Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
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Chapter 19.65 MARINAS
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.
Page 70/83
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. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 2,
2010].
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. [Ord.
4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Art. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 2, 2010].
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. [Ord.
4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 2, 2010].
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. [Ord. 4212 § 1
(Art. A), 2021; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 2, 2010].
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. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Art. A),
2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 2, 2010].
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Chapter 19.65 MARINAS
19.65.025 Fire Protection Standard adopted.
A. The "Fire Protection Standard for Marinas and Boatyards," current 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 feet.
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.
[Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Art. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 2, 2010].
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. Class I, II and I1IA Fuel Storage and Dispensing. All Class I, I1 and 1T1A fuel storage tanks shall be of an
approved type and comply with all zoning, building code and fire code requirements, and comply with IFC Section
2303.2, Emergency disconnect switches. Emergency controls shall have an approved means of signage and
illumination. Portable Class I, IT and II1A fuel containers shall be of the listed and approved type and no larger than
six gallons.
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 in accordance with local, state and federal requirements. [Ord. 4212 §
1 (Att. A), 2021; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 2, 2010].
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Chapter 19.70 FEES
Chapter 19.70
FEES
Sections:
19.70.000 Scope.
19.70.005 Repealed.
19.70.010 Schedule of permit fees.
19.70.015 Establishing building construction valuation.
19.70.020 Work commencing before permit issuance.
19.70.025 Refunds.
19.70.000 Scope.
Fees associated with this title including plan review, permit, inspection and related development or mitigation fees
are established by this chapter and as set forth in ECDC 15.00.020. Fees may be altered pursuant to city Resolution
997. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
19.70.005 Payment of fees.
Repealed by Ord. 3926. [Ord. 3651 § 1, 2007].
19.70.010 Schedule of permit fees.
For buildings, structures, grading, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for
each permit shall be paid as required, in accordance with this chapter and ECDC 15.00.020. Fee schedules are on
file in the city clerk's office.
A. Plan Review Fee. Before accepting a set of plans and specifications for plan review, the building official shall
collect the full plan review fee. Plan review fees shall be in addition to, and a percentage of, the required permit fee
as calculated pursuant to ECDC 19.70.015.
B. Permit Fee. Before issuing a building permit and releasing approved plans, the building official shall collect the
full building permit fees including supplemental required permit fees, inspection fees and any additional plan review
fee or violation compliance fee, development fee or mitigation fee outstanding at the time of permit issuance.
Building construction valuation shall be determined by ECDC 19.70.015.
C. Inspection Fee. Inspection and reinspection fees shall be paid prior to any inspection by city staff. Inspection fees
are established and set forth in this chapter.
D. Related Development or Mitigation Fees. The payment of the fee for construction, alteration, removal or
demolition done in connection, or concurrently with, the work authorized by a building permit shall not relieve the
applicant or holder of the permit from the payment of other fees that are prescribed by law. Fees for other permits or
related development fees shall be as set forth in ECDC 15.00.020. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1
(Exh. A), 2013; Ord. 3651 § 1, 2007].
19.70.015 Establishing building construction valuation.
The applicant for a permit shall provide an estimated building construction valuation at time of application. Building
construction valuation for the purpose of calculating permit fees shall include total value of work including fair -
market labor and materials with equipment needed to complete the work, including but not limited to all
construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing,
heating, air conditioning, elevators, fire extinguishing systems and any other permanent equipment. If, in the opinion
of the building official, the building construction valuation is underestimated on the application, the building official
shall assign a building construction valuation. Permit valuation for new construction shall be based on square
footage building construction valuation as established by the building official. [Ord. 4029 § 1 (Att. A), 2016; Ord.
3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
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19.70.020 Work commencing before permit issuance.
Any person who commences any work regulated by this title including work on a building, electrical, gas,
mechanical or plumbing system before obtaining the necessary permits shall be subject to a violation compliance fee
established by the building official pursuant to the city's fee schedule adopted by resolution that shall be in addition
to the required permit fees. The violation compliance fee shall be collected whether or not a permit is then or
subsequently issued. The payment of such violation compliance fee shall not exempt any person from compliance
with all other provisions of this code nor from any penalty prescribed by law. Violation compliance fees are set forth
in this chapter. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
19.70.025 Refunds.
The building official may authorize refunding of any fee paid hereunder which was erroneously paid or collected.
The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has
been done under a permit issued in accordance with this code. The building official may authorize refunding of not
more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has
been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize
refunding of any fee on an expired permit. Any application for a refund must be made in writing and describe the
circumstances to justify. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
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Chapter 19.75 STREET NAMES AND ADDRESS
NUMBERING
Chapter 19.75
STREET NAMES AND ADDRESS NUMBERING
Sections:
19.75.000 Adoption of street name map and criteria.
19.75.005 Adoption of property and building numbering system and criteria.
19.75.010 Other street names and premises numbers prohibited.
19.75.000 Adoption of street name map and criteria.
Page 74/83
A. There is hereby established a uniform system of designating street names/numbers in the city of Edmonds. The
street names/numbers are those depicted on that map entitled, "official street map," a copy of which has been
authenticated by the mayor of the city and the attestation of the city clerk. The map and all explanatory matter on the
map is re -adopted and affirmed and by this reference is incorporated herein as if set forth in full. Official street
name/number designations are the responsibility of the city engineer.
B. Pursuant to ECDC 18.50.030, any change to the name or number of any street on the official street map shall be
by action of the city council approving an ordinance changing the official street map.
C. The city engineer shall maintain and update the official street map and shall designate/approve public and private
street names/numbers in accordance with this chapter. All approved street names/numbers shall be forwarded to the
United States Postal Service (LISPS), public and private utilities, law enforcement agencies, emergency services
providers, and other persons of new or corrected street names/numbers. The city engineer shall develop policies and
guidelines for street names and numbers in accordance with the following guidelines:
1. New street designations shall be in accordance with the Snohomish County grid system and the official street
map.
2. When descriptive street names (as opposed to numerical street designations) are allowed by subsection
(C)(1) of this section, preference shall be for descriptive names with logical relationship to locale or geographic
area, and avoidance of private individual names.
3. Facilitation of map reading and indexing to assist in rapid location of streets and addresses.
4. Avoidance of multiple and/or alternative names for single street sections and requirement of selection of a
primary street designation to assist in the Enhanced 9-1-1 grid system for emergency services dispatching.
5. Any other appropriate and applicable standards concerning street and street designations as well as current
department of public works policies, guidelines, or rules for naming public streets as determined by the
director. [Ord. 4029 § 1 (Aft. A), 2016; Ord. 3926 § 1 (Exit. A), 2013; Ord. 3651 § 1, 2007].
19.75.005 Adoption of property and building numbering system and criteria.
A. There is hereby established a uniform system for numbering properties, buildings and primary structures in the
city of Edmonds. The official building and property address map depicting all issued property address numbers is
maintained by the building official or designee. The building official assigns, maintains and corrects addresses for
the city of Edmonds and shall notify the United States Postal Service (USPS), emergency services providers and
other persons of new or corrected addresses.
B. Addresses shall conform to the numerical grid system established by Enhanced 9-1-1. The number utilized by
each building or property shall be that number within the system assigned by the building official. Addresses are
assigned based on the location of the driveway access or house frontage to a street and only one address is allowed
per building on any lot. Numbers assigned during any previous numbering system that fit within the grid system are
hereby ratified and shall remain in full force and effect.
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C. The building official shall require any address not in conformance or any address that poses any problem or
confusion for safety and emergency response be changed within 30 days of written notification from the city of
Edmonds.
D. All owners or occupants of all buildings and structures in the city of Edmonds, other than garages or other similar
buildings or structures of a secondary nature to the primary building or structure, shall affix and maintain the
officially designated premises number to the building or structure pursuant to ECDC 19.00.025(OP). When
topography or vegetation may obscure vision from the street, the numerals shall be affixed as to be reasonably
visible from the street.
E. Where any commercial building, multiple -family residential structure, or other similar structure has more than
one entrance serving separate occupants, a suite designation or apartment number shall be assigned to each entrance
serving a tenant or resident in addition to the number assigned to the principal entrance of the building or structure.
The unit designations shall be progressive as assigned in the progressive direction of the street and per the property
numbering system approved by this code.
F. All requests for a building or property address change shall be made in writing to the building official and all of
the following conditions shall be present in order for the request to be approved:
An obvious error shall exist (i.e., the building was addressed off a street not associated with the site, the
building or property addresses are out of sequence, duplicate address exists, etc.).
2. The existing address could delay fire, police or emergency services from finding the location in an
emergency.
3. The fire department agrees the address change is necessary. [Ord. 4029 § 1 (All. A), 2016; Ord. 3926 § 1
(Exh. A), 2013; Ord. 3651 § 1, 2007].
19.75.010 Other street names and premises numbers prohibited.
It is unlawful for any owner or occupant of any premises, building or structure to display a street name or premises
number other than those officially designated pursuant to the provisions of this chapter, subject to penalties per
Chapter 5.50 ECC and Chapter 20.110 ECDC. [Ord. 4029 § 1 (Art. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord.
3651 § 1, 2007].
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Chapter 19.80 APPEALS
Chapter 19.80
APPEALS
Sections:
19.80.000
Purpose and applicability.
19.80.005
Application and fee.
19.80.010
Repealed.
19.80.015
Hearing examiner procedures.
19.80.020
Powers and duties of the hearing examiner.
19.80.023
Repealed.
19.80.025
Appeals from decisions of the hearing examiner.
19.80.030
Repealed.
Page 76/83
19.80.000 Purpose and applicability.
A. All properly filed appeals pursuant to the adopted codes of this title shall be heard by the hearing examiner. The
hearing examiner shall have no authority to review administrative decisions or grant modifications to the provisions
of any administrative chapter as adopted by this title, nor can the hearing examiner waive a code requirement.
B. The term "code official" refers to the building official or fire marshal in exercise of authority over applicable
building and fire codes from this chapter.
C. The hearing examiner shall hear appeals from the code official's interpretation of the adopted building codes,
determinations of suitable alternative methods and materials, and any other appeal pursuant to the state building
codes and this code, including but not limited to the International Building Code, the International Residential Code,
the International Fire Code, the International Property Maintenance Code, the International Fuel Gas Code, the
International Mechanical Code, the Uniform Plumbing Code and any and all other codes adopted pursuant to the
direction and authority of Chapter 19.27 RCW.
D. The provisions of the state building codes as adopted by the city are not intended to prevent the use of any
material, alternate design or method of construction not specifically prescribed by this code, provided any alternative
has been approved and its use authorized by the code official or on appeal or request for review by the hearing
examiner.
E. The provisions of this chapter shall not apply to hearing examiner proceedings under ECDC Title 20 (land use
hearings) unless such a hearing is required to be combined with a hearing under this chapter, in which case the
provisions of this chapter shall only apply to the ECDC Title 19 portions of that combined hearing. [Ord. 4029 § 1
(Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
19.80.005 Application and fee.
An application for appeal shall be filed with the code official upon a departmental form within 10 days of the date of
formal written decision. The application shall be accompanied by the required fee as set forth in Chapter 19.70
ECDC and shall be complete in all aspects before the hearing shall be scheduled. Failure to supplement an
incomplete application within 10 business days of filing shall constitute an incomplete application and the
administrative recourse of appeal shall be denied. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord.
3651 § 1, 2007].
19.80.010 Board of appeals membership.
Repealed by Ord. 3926. [Ord. 3651 § 1, 2007].
19.80.015 Hearing examiner procedures.
A. Public Notice. Public notice shall be given of all hearings. Upon written receipt and confirmation of a complete
appeal of a request, notice shall be sent to the fire department, the health department, the city attorney and the owner
of the real estate and parties within 100 feet affected by the request. No hearing shall be scheduled until 15 days
after the required hearing notifications are mailed. Hearings shall be open to the public. The appellant, the
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Chapter 19.80 APPEALS
appellant's representative, the code official, and any person whose interests are affected shall be given an
opportunity to be heard.
B. Department/Interested Party. At any public hearing a representative of the city building and fire department and
any other interested party may appear in person, by agent or by attorney, offer evidence and testimony and cross-
examine witnesses. All evidence and testimony shall be presented publicly. The hearing examiner may take judicial
notice of facts to the same extent and in the same manner as courts of record and may consider relevant facts within
the personal knowledge of any member of the board that are stated into the record by such member.
C. Recording. All hearings shall be recorded. [Ord. 4029 § 1 (Art. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord.
3651 § 1, 2007].
19.80.020 Powers and duties of the hearing examiner.
A. The hearing examiner shall adopt rules and procedures governing all proceedings consistent with the provisions
set forth herein. The rules and regulations shall include meeting location, meeting time, procedures, contents of a
complete appeal application and time to be allotted for each case.
B. Subject to the limitations enumerated herein, the hearing examiner shall have and may exercise the following
powers:
1. The hearing examiner shall have no authority relative to the interpretation of the administrative provisions of
any of the state building codes, nor shall the hearing examiner be empowered to waive any requirement of any
such code.
2. Nothing herein shall be interpreted to permit the hearing examiner to hear any appeal, nor any request for
deviation of design or alternative methods with respect to any property lying within a recognized landslide
hazard and earth subsidence area or which is otherwise subject to the requirements of Chapter 19.10 ECDC
including effecting map changes.
3. The hearing examiner, on review, may approve the use of any material, alternate design or method of
construction providing that it finds that the proposed design is satisfactory and complies with the provisions of
this code and that the material, design, or method is, for the purpose intended, at least the equivalent of that
prescribed in the applicable code in suitability, strength, effectiveness, fire resistance, durability, safety and
sanitation. The decision of the code official shall not be overturned unless the hearing examiner shall find that
the following conditions exist:
a. That the appellant properly applied for an appeal;
b. That sufficient evidence, proof or testing reports were submitted by the appellant that substantiated
claims of equivalency;
c. That the proposed modification or alternate will not weaken the general purpose of the adopted code;
d. That the proposed modification or alternate will be in harmony with the spirit and purpose of the
adopted code;
e. That the proposed modification or alternate will not adversely affect the public health and safety;
f. That the proposed modification or alternate will not adversely affect the structural integrity of the
building; and
g. That the proposed modification or alternate will not adversely affect the fire safety of the building.
4. To hear and decide appeals where it is alleged there is error in any notice or order made by the code official
and/or fire marshal in the enforcement of the adopted codes in this title. The hearing examiner shall have the
power to stay the enforcement of any order issued by the building and/or fire prevention department unless the
code official certifies that a stay of the order or denial would, in the opinion of the code official, cause
imminent peril to life or property. A stay shall not constitute hearing examiner approval, shall be personal to
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the appellant and not transferable, and shall be subject to the terms and conditions imposed by the hearing
examiner. Any determination or order of the building and/or fire department shall be presumed to be correct
until evidence is introduced that would support a contrary determination.
5. Whenever the owner or legally responsible person of an alleged unsafe building, structure, utility or other
condition does not agree with the order from the code official and/or fire marshal as to the correction to be
made, he shall have the right to appeal to the hearing examiner within 10 days from the date of said order. In
his appeal, the appellant shall state how he proposes to make the unsafe building, structure, utility or other
condition safe and the hearing examiner may require the appellant to submit detailed engineering analysis or
recommendations, accompanied by plans and specifications prepared by a state licensed architect or registered
professional engineer, as prescribed in this adopted code. The hearing examiner, in hearing such appeals, may
require substantiating data concerning the removal or other remedial steps to be taken to render the unsafe
building, structure, utility or other condition safe. In any matter in which an order or notice relating to an unsafe
building, structure, utility or other condition is appealed, the building and/or fire department may certify to the
hearing examiner that the unsafe building, structure, utility or other condition could become an imminent
hazard, in which case the hearing examiner shall schedule a hearing within five business days to hear said
appeal.
C. Burden of Proof.
1. The appellant bears the burden of proof in any proceeding before the hearing examiner. If there is
insufficient evidence of compliance with any of the provisions of this code or evidence that any material or
construction does not conform to the requirements of this code, the appeal from the decision of the code official
shall be denied.
2. The hearing examiner may continue any proceeding in order to permit the appellant to provide proof of
compliance through tests conducted in accordance with general engineering practice and best scientific
evidence. Such tests shall be made by the appellant and at no expense to the jurisdiction. Test methods shall be
as specified by the applicable building code or by other recognized testing standards. If there are not recognized
and accepted test methods for the proposed alternate, testing methods shall utilize generally accepted
engineering practice and best scientific method. Reports of such tests shall be retained and made a part of
record of the proceedings.
D. Decision of the Hearing Examiner.
1. The hearing examiner shall render formal written decisions within 10 days of the date of the hearing. Every
decision of the hearing examiner shall be based upon findings of fact and every finding of fact shall be
supported in the record of its proceedings. A mere finding or recitation of the enumerated conditions
unaccompanied by findings of specific facts shall not be deemed findings of fact and shall not be deemed
compliance with the code. The code official shall take immediate action in accordance with the decision of the
hearing examiner.
2. Copies of the decision shall be forwarded to the appellant, a copy shall be placed in the appeal file and copies
shall be made available to any person as a matter of public information. Decisions shall be filed with the
building or fire department as a matter of public record.
3. In the exercise of the powers described above, the hearing examiner may reverse or affirm, wholly or in part,
or may modify the order, requirements, decision or determination appealed from the hearing examiner, may
impose conditions or requirements as deemed necessary and may hold cases in abeyance until proper
information needed by the hearing examiner is supplied. [Ord. 4029 § I (Att. A), 2016; Ord. 3926 § 1 (Exh. A),
2013; Ord. 3651 § 1, 2007].
19.80.023 Alternate to board of appeals.
Repealed by Ord. 3926. [Ord. 3740 § 1, 2009].
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19.80.025 Appeals from decisions of the hearing examiner.
A. The filing of a land use petition for review shall not stay proceedings upon the decision appealed but the court
may grant a stay in accordance with the Land Use Petition Act.
B. All decisions of the hearing examiner are appealable by Land Use Petition Act to Snohomish County superior
court. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
19.80.030 Snohomish County regional board of appeals.
Repealed by Ord. 3926. [Ord. 3651 § 1, 2007].
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Chapter 19.85 PENALTIES
Chapter 19.85
PENALTIES
Sections:
19.85.000 Applicability.
19.85.000 Applicability.
The provisions of all adopted codes within this title shall be subject to penalties as described herein.
Page 80/83
It is unlawful for any person, firm, corporation or other organization to erect, construct, enlarge, alter, repair, move,
improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the city, or cause
the same to be done, contrary to or in violation of any of the provisions of this chapter. Any person, firm,
corporation or other organization violating any of the provisions of this title as adopted herein, or other provision of
this chapter, shall be guilty of a misdemeanor, and shall be deemed guilty of a separate offense for each and every
day or portion thereof during which any violation of any of the provisions of this title herein is committed, continued
or permitted, and upon the conviction thereof of such violation, and each violation thereof such person, firm,
corporation or other organization, and the officers, directors and managers thereof shall be punishable as set forth in
ECC 5.50.020 and Chapter 20.110 ECDC.
Nothing herein shall be interpreted to limit the discretion of the city to seek any other available civil, statutory or
common law remedies. [Ord. 4029 § 1 (Art. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
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Chapter 19.90 LIMITATION OF BENEFITED AND
PROTECTED CLASSES
Chapter 19.90
LIMITATION OF BENEFITED AND PROTECTED CLASSES
Sections:
N
19.90.000 Limitation of benefited and protected classes.
d
19.90.000 Limitation of benefited and protected classes.
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The building and supplemental codes adopted by this title are for the purpose of providing for and promoting the
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health, safety and welfare of the general public. Nothing in this title shall be interpreted to create or otherwise
d
establish any particular class or group of persons who will or would be especially protected or benefited by the
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adoption of any code in this title. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
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Chapter 19.95 CONVERSION CONDOMINIUMS
Chapter 19.95
CONVERSION CONDOMINIUMS
Sections:
N
19.95.010
Definitions. d
19.95.020
Relocation assistance. 0
19.95.030
Violations. U
19.95.040
Civil penalty. d
19.95.050
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Enforcement.
LL
19.95.010 DeSnitions.
The following words and phrases used in this chapter shall have the meaning set forth in this section:
ca
A. "Condominium" means real property, portions of which are designated for separate ownership and the remainder
C
of which is designated for common ownership solely by the owners of those portions. Real property is not a
condominium unless the undivided interests in the common elements are vested in the unit owners, and unless a
declaration and a survey map and plans have been recorded pursuant to this chapter.
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B. "Conversion condominium" means a condominium (1) that at any time before creation of the condominium was
lawfully occupied wholly or partially by a tenant or subtenant for residential purposes pursuant to a rental
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agreement, oral or written, express or implied, for which the tenant or subtenant had not received the notice
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described in subsection (2) of this definition; or (2) that, at any time within 12 months before the conveyance of, or
acceptance of an agreement to convey, any unit therein other than to a declarant or any affiliate of a declarant, was
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lawfully occupied wholly or partially by a residential tenant of a declarant or an affiliate of a declarant and such
tenant was not notified in writing, prior to lawfully occupying a unit or executing a rental agreement, whichever
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event first occurs, that the unit was part of a condominium and subject to sale. "Conversion condominium" shall not
include a condominium in which, before the effective date of the ordinance codified herein, any unit therein had
been conveyed or been made subject to an agreement to convey to any transferee other than a declarant or an
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affiliate of a declarant.
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C. "Declarant" means any person who:
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1. Executes as declarant the document, however denominated, that creates a condominium by setting forth the
information required by RCW 64.34.216 and any amendments to that document; or
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2. Reserves any special declarant right in the declaration; or
3. Exercises special declarant rights or to whom special declarant rights are transferred; or
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4. Is the owner of a fee interest in the real property which is subjected to the declaration at the time of the
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recording of an instrument pursuant to RCW 64.34.316 and who directly or through one or more affiliates is
materially involved in the construction, marketing, or sale of units in the condominium created by the recording
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of the instrument; or
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5. Undertakes to convert, sell, or offer for sale units in a conversion condominium.
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D. "Director" means the development services director or his designee.
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E. "Notice of conversion" means the 90-day notice pursuant to RCW 64.34.440(1) required to be given by the
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declarant or his agent to residential tenants and subtenants in possession of a portion of a conversion condominium.
F. "Person" means a natural person, corporation, partnership, limited partnership, trust, association, or other legal
Q
entity.
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G. "Tenant" or "subtenant" means any person who occupies and has a leasehold interest in a rental unit under a
lawful rental agreement, whether oral or written, express or implied.
H. "Unit" means a physical portion of the condominium designed for separate ownership, the boundaries of which
are described pursuant to RCW 64.34.216(1)(d). [Ord. 4029 § 1 (Art. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord.
3651 § 1, 2007].
19.95.020 Relocation assistance.
A. Declarant shall pay relocation assistance of $500.00 per unit to tenants and subtenants who elect not to purchase a
unit and who are in lawful occupancy for residential purposes of a unit, and whose monthly household income from
all sources, on the date of the notice of conversion, was less than an amount equal to 80 percent of the monthly
median income for comparably sized households in the Seattle -Everett Standard Metropolitan Statistical Area, as
defined and established by the United States Department of Housing and Urban Development.
B. The household size of a unit shall be based on the number of natural persons actually in lawful occupancy of the
unit on the date of the notice of conversion.
C. The tenant or subtenant actually in lawful occupancy of the unit shall be entitled to the relocation assistance.
D. Relocation assistance shall be paid on or before the date the tenant or subtenant vacates and shall be in addition to
any damage deposit or other compensation or refund to which the tenant is otherwise entitled. Unpaid rent or other
amounts owed by the tenant or subtenant to the landlord may be offset against the relocation assistance.
E. Rights of tenants and subtenants set forth in the notice of conversion pursuant to RCW 64.34.440(1) must set
forth tenants' and subtenants' right to relocation assistance as provided in this section. [Ord. 4029 § 1 (Att. A), 2016;
Ord. 3926 § 1 (Exit. A), 2013; Ord. 3651 § 1, 2007].
19.95.030 Violations.
It shall be a violation of this chapter for a declarant to fail or refuse to comply with the provisions of this chapter.
Each tenant and subtenant who is subjected to a violation of the provisions of this chapter shall constitute a separate
violation. Each day of violation shall constitute a separate violation. [Ord. 4029 § 1 (Art. A), 2016; Ord. 3926 § 1
(Exh. A), 2013; Ord. 3651 § 1, 2007].
19.95.040 Civil penalty.
Any person who fails or refuses to comply with the provisions or requirements of this chapter shall be subject to a
civil penalty in the amount of $100.00 per violation per day from the date that the violation is first committed until
the declarant complies with the requirements of this chapter. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A),
2013; Ord. 3651 § 1, 2007].
19.95.050 Enforcement.
A. Tenants and subtenants subjected to violations of the provisions of this chapter, or their agents, may file a
complaint with the director. The director is authorized and directed to receive complaints and conduct such
investigations as are deemed necessary such as contacting declarants and seeking explanation for apparent
violations.
B. Whenever it is determined that there has been a violation of this chapter, the director is authorized to pursue, at
the director's discretion, enforcement of the code pursuant to the provisions of Chapter 20.110 ECDC. [Ord. 4029 §
1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
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Title 19 BUILDING CODES
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Title 19
BUILDING CODES
Chapters:
19.00 Building Code
19.05 Residential Building Code
19.07 Flood Damage Prevention
19.10 Building Permits — Earth Subsidence and Landslide Hazard Areas
19.15 Mechanical Code and Fuel Gas Code
19.20 Plumbing Code
19.25 Fire Code
19.30 Energy Code
19.35 International Swimming Pool and Spa Code
19.40 International Property Maintenance Code
19.45 International Code Council Performance Code
19.50 International Existing Building Code
19.52 International Wildland Urban Interface Code
19.55 Electrical Code
19.60 Moving Buildings
19.65 Marinas
19.70 Fees
19.75 Street Names and Address Numbering
19.80 Appeals
19.85 Penalties
19.90 Limitation of Benefited and Protected Classes
19.95 Conversion Condominiums
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Chapter 19.00
BUILDING CODE
Sections:
19.00.000 Purpose.
19.00.005 Referenced codes.
19.00.010 Conflict between codes.
19.00.015 Administrative provisions.
19.00.020 International Building Code adopted.
19.00.025 International Building Code section amendments.
19.00.030 Architectural design review — Optional vesting.
19.00.040 Excluding nonconforming religious building from certain requirements.
19.00.045 Reconstruction of damaged buildings.
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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. [Ord. 4212 § 1 (Att. A), 2021;
Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 1, 2010].
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.
K. "International Code Council Performance Code" shall mean the performance code as adopted and amended in
this title.
L. "International Swimming Pool and Spa Code" shall mean the swimming pool and spa code as adopted and
amended in this title. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013;
Ord. 3796 § 1, 2010].
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M. "International Wildland Urban Interface Code" shall mean the wildland urban interface 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 ECDC 19.00.005 as adopted and subsequently amended 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. [Ord. 4212 § 1 (Art. A), 2021; Ord. 4029 § 1 (Art. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 §
1, 2010].
19.00.015 Administrative provisions.
The administrative provisions contained 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
ECDC 19.00.005(A), (B), (C), (D), (F), (I), (L) and (M) unless otherwise required to meet the purpose of the code
[Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 1, 2010].
19.00.020 International Building Code adopted.
The International Building Code (IBC), 2021 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. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Att.
A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 1, 2010].
19.00.025 International Building Code section amendments.
The following sections of the IBC are hereby amended as follows:
A. Section 101.4.3, Plumbing, is amended to read:
The provisions of the Uniform Plumbing Code shall apply to the installation, alteration, repair and replacement
of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where
connected to a water or sewage system and all aspects of a medical gas system.
B. Section 101.4.6, Energy, is amended to read:
The provisions of the Washington State Energy Code shall apply to all matters governing the design and
construction of buildings for energy efficiency.
C. 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.
D. Section 105.1.1, Annual Permit, is deleted.
E. Section 105.1.1, Demolition Permits, is added and shall read:
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 established pursuant to 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:
1. Cap Abandoned Sanitary Sewers. Septic tanks shall be pumped, collapsed and removed and/or filled with
earth, sand, concrete, CDF or hard slurry.
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2. 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 1804.3 for clean fill.
3. 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 or
maintained on street right-of-way (including alleys) without a permit issued pursuant to Chapter 18.60 or 18.70
of the Edmonds Community Development Code.
4. Repair of any damage to, and restoration of, any public property to substantially original conditions, i.e.,
alley, street, sidewalk, landscaping, water, sewer, storm and other utilities, rockeries, retaining walls, etc, in
accordance with this code and the City's engineering requirements.
5. Grading of Site Back to Original Topography Grades. Basements shall be filled and compacted to 90 percent
as verified by a 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 shall be
clean and free draining, placed above unyielding native site soils and compacted to a minimum of 90 percent
modified proctor, per ASTM D1557.
6. Temporary erosion control shall be installed and maintained per Chapter 18.30 ECDC.
F. Section 105.1.2, Annual Permit Records, is deleted.
G. 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. Permit exemptions shall not apply to work
that is not entirely within a building when located in areas of flood hazard or areas within the designated
Wildland Urban Interface.
Permits shall not be required for the following unless required by the provisions of ECDC Title 23 or Chapter
19.10 ECDC:
1. Building (general):
(a) One (1) story detached accessory structures used as tool and storage sheds, playhouses and similar uses;
provided the floor area (including 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 4 feet (1,219 mm) 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:
i. Supporting a surcharge; or
ii. Impounding Class I, II, III -A liquids; or
iii. Subject to the provisions of Chapter 23.50 ECDC or Chapter 23.80 ECDC.
(e) Rockeries. Construction of rockeries is limited as specified elsewhere in this code.
(f) Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of
height to diameter or width does not exceed two (2) to one (1).
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(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 provided that existing,
required accessible features are not altered.
(i) Temporary motion picture, television and theater stage sets and scenery.
0) 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.
(1) 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.
(m) Repair of appliances which do not alter original approval, certification, listing or code.
(n) Replacement or adding new insulation with no drywall removal or placement.
(o) Replacement or repair of existing gutters or downspouts.
(p) The following types of signs are exempt from permit requirements except that dimensional size and
placement standards shall comply with Chapter 20.60 ECDC:
i. Replacing the panel on a previously permitted existing wall cabinet or pole sign,
ii. Repainting an existing previously permitted wood sign,
iii. Painted or vinyl lettering on storefront windows,
iv. Governmental signs, campaign signs, official public notices, and signs required by provision of local, state,
or federal law,
v. Temporary signs announcing the sale or rent of property and other temporary signs as described in ECDC
20.60.080,
vi. Signs erected by the transportation authorities, and temporary seasonal and holiday displays.
2. Mechanical:
(a) Portable heating, ventilation, cooling, cooking or clothes drying appliances.
(b) Replacement of any part that does not alter approval of equipment or make such equipment unsafe.
(c) Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a
power grid.
(d) Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code.
(e) Portable evaporative cooler.
(f) Self-contained refrigeration systems containing ten (10) pounds or less of refrigerant or that are actuated by
motor of one (1) horsepower or less.
3. Plumbing:
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(a) 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.
(b) Reinstallation or replacement of approved prefabricated plumbing fixtures that do not involve or require the
replacement or rearrangement of valves or pipes.
4. Residential permit exemptions:
In addition the following exemptions apply for single family dwellings:
(a) One (1) story detached accessory structures used as tool and storage sheds, playhouses and similar uses;
provided the floor area (including 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 exempted.
(b) Window awnings supported by an exterior wall and do not projcct more than fifty-four (54) inches from the
exterior wall and do not require additional support.
(c) Sport courts less than 2,000 square feet.
(d) Dock repair of individual decking members. ECDC Title 24 provisions shall apply.
(e) Replacement or repair of existing non-structural exterior siding. This exemption does not include siding
systems such as stucco, EIFS or wood panel sheathing.
(f) Replacement or repair of existing windows or doors provided; no alteration of structural members is
required, safety glazing is provided where required, glazing U-value meets prescriptive requirements of the
energy code, fall protection is provided where required, and egress requirements are maintained.
(g) Minor like -for -like drywall repairs not involving fire -rated assemblies.
(h) Replacement or repair of decking, or individual joists, stair treads, or intermediate rails.
(i) Uncovered platforms, decks, patios that are not more than thirty (30) inches above grade (measured
vertically to the grade below at any point within 36 inches of the outer edge of the deck).
0) 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.
(k) Reroof overlays. Overlays are not permitted over slate, clay or cement tiles, or where the existing roof has
two or more applications of any type of roofing.
H. Section 105.3.2, Time Limitation of Permit Application, is amended to read:
1. Applications, for which no permit is issued within 12 months 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 6 months
prior to such expiration date.
3. No application shall be extended more than once for a total application life of 18 months except as allowed
within this section. In the event of application expiration, the applicant shall submit a new application, revised
plans based on any applicable code or ordinance change, and pay new plan review fees.
4. The Building Official may extend the life of an application if any of the following conditions exist:
(a) Compliance with the State Environmental Policy Act is in progress; or
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(b) Any other City review is in progress; provided, the applicant has submitted a complete response to City
requests or the Building Official determines that unique or unusual circumstances exist that warrant additional
time for such response and the Building Official determines that the review is proceeding in a timely manner
toward final City decision; or
(c) Litigation against the City or applicant is in progress, the outcome of which may affect the validity or the
provisions of any permit issued pursuant to such application.
I. 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 required intake fees, including but not limited to plan review fees required under the provisions of this
chapter and code. For mechanical, plumbing and fire permit applications related to the scope of work identified
in a building permit application, all applicable construction codes adopted and in force at the time of filing of
the complete building permit application will apply.
J. 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.
K. Section 105.5, Permit Expiration and Extension, is amended to read:
1. Every permit issued under ECDC Title 19 shall expire by limitation 2 years after issuance.
2. During or after a declared emergency covered under RCW chapter 38.52, the building official may authorize
one 6-month extension to an unexpired permit if the building official finds that the state of emergency resulted
in a stoppage of work or substantial construction delays.
3. If the applicant cannot complete work under an issued 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..
Permit fees shall be charged at a rate of one quarter the original building permit fee to extend the permit.
4. 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.
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Whenever an appeal is filed and a necessary development approval is stayed in accordance with ECDC
20.06.030 the time limit periods imposed under this section shall also be stayed until final decision.
5. If a permit expired without final inspection and no further work was performed during the expiration period,
the building official may authorize a 30-day extension to an expired permit for the purpose of performing a final
inspection and closing out the permit as long as not more than 6 months has passed since the permit expired.
The 30-day extension would commence on the date of written approval. If work required under a final
inspection is not completed within the 30-day extension period, the permit shall expire. However, the building
official may authorize an additional 30-day extension if conditions outside of the applicant's control exist and
the applicant is making a good faith effort to complete the permitted work.
7. The building official may reject requests for permit extension where he or she 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.
L. Repealed by Ord. 3926.
M. 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.
N. Section 113, Means of Appeals, is deleted and replaced by Chapter 19.80 ECDC.
O. Section 202, the definition of HIGH-RISE BUILDING, is amended to read:
HIGH-RISE BUILDING. A building with an occupied floor or rooftop located more than 75 feet (22,860 mm)
above the lowest level of fire department vehicle access.
P. Section 502.1, 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.
Q. Section 903.2 is amended to read:
Where Required. Approved automatic fire sprinkler systems in new buildings and structures shall be provided
in the locations described in Sections 903.2.1 through 903.2.13.
R. Section 903.2.13 is added to read:
Automatic fire sprinkler systems shall be provided as required by ECDC 19.25.035A.
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S. Section 903.3.7 is amended to read:
Fire department connections shall be installed in accordance with Section 912 and ECDC 19.25.035C.
T. Section 907.2 is amended to read:
Where required —New buildings and structures. An approved fire alarm system installed in accordance with this
code and NFPA 72 shall be provided in new buildings and structures in accordance with Sections 907.2.1
through 907.2.24 and provide occupant notification in accordance with Section 907.5, unless other requirements
are provided by another section of this code.
U. Section 907.2.24 is added to read:
Fire alarm and detection system shall be provided as required by ECDC 19.25.035D.
V. Section 1608.1, General, is amended to read:
Design snow loads shall be determined in accordance with Chapter 7 of ASCE 7, but the design roof snow load
shall not be less than that determined by Section 1607, or 25 pounds per square foot, whichever is greater.
W. Section 3108.1.1, Radio, Television and Cellular Communication Related Equipment and Devices, is added and
reads:
A permit shall be required for the installation or relocation of commercial radio, television or cellular tower
support structures including monopoles, whip antennas, panel antennas, parabolic antennas and related
accessory equipment, and accessory equipment shelters (regardless of size) including roof mounted equipment
shelters.
X. Section 3109.2, Applicability and Maintenance, is added and reads:
1. Swimming pools, hot tubs and spas of all occupancies shall comply with the requirements of this section and
other applicable sections of this code.
2. It is the responsibility of the owner to maintain a swimming pool, hot tub or spa in a clean and sanitary
condition and all equipment shall be 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 in a clean and sanitary condition or its equipment in accord with manufacturers
recommendations shall be determined to be a hazard to health and safety and shall be properly mitigated to the
satisfaction of the building official.
Y. Section 3109.3, 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.
Z. Section 3109.4, 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.
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AA. Section 3109.5, Wastewater Disposal, is added and reads:
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A means of disposal of the total contents of the swimming pool, hot tub or spa (including partial or periodic
emptying) requires a permit. It 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.
BB. Section 3109.9, 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.
CC. Appendix E, Accessibility Requirements, is amended by deleting Sections E107, E108, E110 and E111.
DD. Appendix H, Signs, is amended as follows:
1. Section H101.2, Signs exempt from permits, is replaced by subsection (E)(1)(p) of this section.
2. Section H101.2.1, Prohibited signs, is added and reads as follows:
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.
[Ord. 4212 § 1 (Att. A), 2021; Ord. 4199 § 4 (Att. D), 2020; Ord. 4154 § 9 (Att. D), 2019; Ord. 4111 § 2 (Exh.
2), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 4026 § 2 (Att.13), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3845 §
6, 2011; Ord. 3796 § 1, 2010].
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 building permit, development and impact fees under the provisions of the ECDC
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and the State Building Code as adopted and amended by the city of Edmonds, and 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 are 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 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 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 6 months 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 19.00.025 as the same
exists or is hereafter amended. No application shall be extended more than once. In the event of
application 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
107. It is anticipated that minor adjustments and changes are usually required to the plans submitted as a result
of the plan review and administrative process. The following changes shall not be considered "minor" and shall
forfeit vesting rights, and shall require the filing of a new application:
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Chapter 19.00 BUILDING CODE
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 the 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. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 §
1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 1, 2010].
19.00.040 Excluding nonconforming religious building from certain requirements.
Existing legal nonconforming churches, synagogues, mosques and other buildings used for religious observance
(hereinafter "church" or "churches") are hereby excluded from any requirement of the State Building Code which
would be triggered by a change of use as specifically limited and set forth herein:
A. This change in use exclusion is limited solely to a change in use for the provision of emergency housing to the
homeless and other indigent persons. The term "emergency" shall mean the housing of indigent and homeless
persons when the ambient temperature is forecast by the National Weather Service to be below 33 degrees for a
four-hour overnight period or when wind chill, violent storms or other inclement conditions present a direct threat to
the lives of homeless and other indigent persons without shelter. Such danger could include, but is not limited to, the
threat presented by carbon monoxide poisoning for persons attempting to take shelter in cars or other vehicles with
the motor running.
B. In order to claim this exclusion, a church shall:
1. Be a legal nonconforming structure prior to the provision of emergency housing for the homeless and
indigent. In the alternative, a church may establish that it has previously provided overnight housing to
members of its congregation or the public in emergencies, for educational, religious or other purposes.
2. Maintain a "fire watch." The term "fire watch" shall mean the maintenance during all times when indigent
housing services are provided of a watch by paid staff or volunteers who shall, on premises, monitor for fires or
violations of no smoking prohibitions. At least one fire monitor shall be provided for each eight persons
housed.
3. Provide an operational smoke detection system.
4. Prohibit the smoking of tobacco or similar products on the premises and prohibit the use of any open flame
in the area in which the homeless or indigent persons are temporarily housed.
5. Maintain clear and unobstructed means of egress. Exits must not be locked in the direction of egress unless a
special egress control device is installed in accordance with the building code.
C. The application of this exclusion is intended to fulfill the city's obligation to provide flexibility and consider
reasonable alternatives in the application of the rigid requirements of the State Building Code. The building official
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Chapter 19.00 BUILDING CODE
is directed to avoid technical inflexibility, to consider the use of any reasonable alternative which would provide the
minimum protections required either under the State Building Code or this exclusion and to be flexible when
considering alternative approaches to the specific requirements set forth above. All decisions by the building official
shall be in writing and articulate the public interest to be served as well as an analysis of the alternatives.
D. These provisions are for the purpose of providing for and promoting the health, safety and welfare of the general
public. See Chapter 19.90 ECDC, Limitation of Benefited and Protected Classes. [Ord. 4212 § 1 (Att. A), 2021;
Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 1, 2010].
19.00.045 Reconstruction of damaged buildings.
For any structure that is destroyed, damaged or demolished in an amount equal to 75 percent or more of its
replacement cost at the time of destruction, the reconstruction shall be considered to be under the category of "new"
construction. Determination of replacement costs and the level of destruction shall be made by the building official
and shall be appealable as a Type II staff decision under the provisions of Chapter 20.06 ECDC. The "new"
construction will be subject to all applicable requirements of the Edmonds Community Development Code for a new
building, including but not limited to zoning, utilities and site -related features; provided, that Chapter 17.40 ECDC
also applies to certain requirements for nonconforming buildings and uses. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4151
§ 3 (Att. A), 2019].
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Chapter 19.05 RESIDENTIAL BUILDING CODE
Chapter 19.05
RESIDENTIAL BUILDING CODE
Sections:
19.05.000
International Residential Code adopted.
19.05.010
Chapter 1 not adopted.
19.05.015
Other chapters not adopted.
19.05.020
Section amendments.
19.05.025
Applicability of International Residential Code.
19.05.030
Manufactured home installation standards.
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19.05.000 International Residential Code adopted.
The International Residential Code (IRC), 2021 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 E, F, K, Q, T, U and Y. [Ord. 4212 § 1 (Att. A), 2021;
Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3819 § 1, 2010; Ord. 3796 § 2, 2010].
19.05.010 Chapter 1 not adopted.
Chapter 1 is not adopted, except as provided for in ECDC 19.00.015. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1
(Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 2, 2010].
19.05.015 Other chapters not adopted.
Chapter 11, and Part VII, Plumbing, and Part VIII, Electrical, are not adopted. See Chapter 19.20 ECDC for adopted
plumbing code and Chapter 19.55 ECDC for adopted electrical code. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1
(Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013].
19.05.020 Section amendments.
The following sections of the IRC are hereby 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 non -reducible; Roof Snow Load = 25 psf non -reducible
2. Wind Speed(d) = 98 mph
3. Topographical effects(k) = No
4. Seismic Design Category(f) = D1
5. Weathering(a) = moderate
6. Frost Line Depth(b) = 18 inches for primary structures; 12 inches for porches and decks
7. Termite(c) = slight to moderate
8. Winter Design Temp(e) = 27 degrees F
9. Flood Hazard(g) = NFIP adoption 8/8/78. Date of current FIS 6/19/20; FIRM maps
6/19/20.
10. Ice Shield Underlayment(h) = not required
11. Air Freezing Index(i) = 175
12. Mean Annual Tempo) = 50 degrees F
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B. Section R313, Automatic fire sprinkler system, is amended to read:
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1. An approved automatic fire sprinkler system shall be installed in new buildings containing three (3) or more
attached dwelling units. Refer to ECDC 19.25.035.
2. An approved automatic fire sprinkler system shall be installed in new one -family and two-family dwellings
and townhouses exceeding 3,000 square feet of fire area. For the purposes of this section fire area shall include
all areas of the primary structure including all dwelling units, attached garages and covered porches and patios.
3. The design and installation of residential fire sprinkler systems shall be in accordance with NFPA 13D and
the following:
a. All systems shall include a main pressure gauge and a main drain plumbed to the exterior for fire
operations and maintenance purposes.
b. Sprinkler supply risers shall be connected to the domestic plumbing supply in such a manner that
prevents the sprinkler system from being shut off without turning off the main domestic water
supply.
c. For flow -through systems a sink or toilet shall be connected to the sprinkler system with at least
one domestic connection on each floor.
d. Where fire sprinkler systems are installed, all fuel fired equipment (water heater, furnace, BBQ,
exterior heaters, etc.) and appliances where located under combustible construction shall be
protected by a minimum of one (1) sprinkler head.
Exception: Equipment and appliances located under exterior projections less than 48 inches.
e. In addition to signage required by the NFPA, a red placard with one-half inch ('/2") white lettering
reading "THIS VALVE SHUTS OFF THE DOMESTIC WATER AND FIRE SPRINKLER
SYSTEM" shall be permanently installed at the main supply valve location.
f. A red placard with one-half inch (1/2") white lettering reading "DRAIN VALVE" shall be
permanently installed at the main drain valve location.
C. Any definitions in Appendix E, entitled "Manufactured Housing Used as Dwellings," which are inconsistent with
definitions set forth in this chapter, including the definitions of "manufactured home" and "mobile home" in
AE201.1, are not adopted, and the definitions set forth in this chapter shall prevail. [Ord. 4212 § 1 (Att. A), 2021;
Ord. 4199 § 3 (Att. C), 2020; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3819 § 2, 2010; Ord.
3796 § 2, 2010].
19.05.025 Applicability of International Residential Code.
A. Defmitions.
1. "Manufactured home" means a factory -built dwelling that is built in accordance with regulations adopted
under the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et
seq.).
2. "Modular home" means a dwelling that is constructed in a factory in one or more modules, each of which:
a. Meets applicable state and city building codes; and
b. Is transported to the home building site, installed on foundations, and completed.
3. "Mobile home" means a factory -built dwelling built before June 15, 1976, to standards other than the
National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et seq.), and
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Chapter 19.05 RESIDENTIAL BUILDING CODE
acceptable under applicable state codes in effect at the time of construction or introduction of the home into this
state.
B. Applicability of the IRC.
1. The International Residential Code (IRC) does not apply to the construction or installation of manufactured
homes, except to the extent that Appendix E of the IRC applies.
The International Residential Code does apply to the construction of modular homes. [Ord.
4212 § 1 (Att. A), 2021].
19.05.030 Manufactured home installation standards.
A. Local Authority Related to Manufactured Homes.
1. The city establishes standards for manufactured homes governing the building site and performs installation
inspections. "Installation" is the activity needed to prepare a building site and to set a manufactured home
within that site.
2. The building official shall have the authority to enforce city regulations governing the building site and
installation of a manufactured home.
3. The city shall have the authority to ensure that self-supporting awnings, carports, porches and similar
structures or additions comply with applicable regulations.
4. Chapter 296-150M WAC, as currently promulgated together with any future amendments thereof, or future
additions thereto, is hereby adopted. 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.
5. The installation of manufactured homes shall be enforced and fees charged by the city in the same manner
the State Building Code is enforced under RCW 19.27.050. Fees for the installation of a manufactured home
shall be as set forth in Chapter 19.70 ECDC. All other applicable development fees shall also be imposed as
with any other single-family residence.
6. Manufactured homes to be placed within the city shall be "new manufactured homes" as defined in RCW
35.63.160(2). The applicant is required to provide the vehicle identification number (VIN) or serial number.
7. Manufactured homes shall be set upon a permanent foundation, as specified by the manufacturer, and the
space from the bottom of the home to the ground shall be enclosed by concrete or an approved concrete product
which can be either load bearing or decorative.
8. Manufactured homes shall comply with all local design standards applicable to all other homes within the
neighborhood in which the manufactured home is to be located.
9. Manufactured homes shall be thermally equivalent to the current State Energy Code. [Ord. 4212 § 1 (Att. A),
2021; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 2, 2010].
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Chapter 19.07 FLOOD DAMAGE PREVENTION
Chapter 19.07
FLOOD DAMAGE PREVENTION
Sections:
19.07.000
Purpose.
19.07.010
Applicability.
19.07.020
Definitions.
19.07.025
Administration.
19.07.030
International Building Code section amendments.
19.07.040
International Residential Code section amendments.
19.07.050
Habitat assessment.
19.07.060
Review of building permits.
19.07.065
Changes to special flood hazard areas (SFHA).
19.07.070
Anchoring.
19.07.080
Subdivision proposals and development.
19.07.090
Manufactured homes.
19.07.095
General requirements for other development.
19.07.100
All other building standards apply.
19.07.110
Variance.
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19.07.000 Purpose.
It is the purpose of this chapter to promote the public health, safety, and general welfare; reduce the annual cost of
flood insurance; and minimize public and private losses due to flood conditions in specific areas by provisions
designed to:
A. Protect human life and health;
B. Minimize expenditure of public money for costly flood control projects;
C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense
of the general public;
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities, such as water and gas mains; electric, telephone, and sewer
lines; and streets and bridges located in flood hazard areas;
F. Help maintain a stable tax base by providing for the sound use and development of flood hazard areas so as to
minimize blight areas caused by flooding;
G. Notify potential buyers that the property is in a special flood hazard area;
H. Notify those who occupy flood hazard areas that they assume responsibility for their actions; and
I. Participate in and maintain eligibility for flood insurance and disaster relief. [Ord. 4199 § 1 (Att. A), 2020].
19.07.010 Applicability.
A. Lands to Which This Chapter Applies. This chapter shall apply to all special flood hazard areas within the
boundaries of the city of Edmonds.
B. Basis for Establishing the Areas of Special Flood Hazard. The special flood hazard areas identified by the Federal
Insurance Administrator in a scientific and engineering report entitled "The Flood Insurance Study (FIS) for
Snohomish County, Washington, and Incorporated Areas" dated June 19, 2020, and any revisions thereto, with
accompanying flood insurance rate maps (FIRMS), and any revisions thereto, are hereby adopted by reference and
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Chapter 19.07 FLOOD DAMAGE PREVENTION
declared to be a part of this chapter. The FIS and the FIRM are on file at the development services department at 121
5th Avenue North.
The best available information for flood hazard area identification as outlined in Section G103.3 shall be the basis
for regulation until a new FIRM is issued that incorporates data utilized under Section G103.3. [Ord. 4199 § 1 (Att.
A), 2020].
19.07.020 Definitions.
The following definitions apply to this chapter:
A. "Alteration of watercourse" means any action that will change the location of the channel occupied by water
within the banks of any portion of a riverine waterbody.
B. "Area of special flood hazard" means the land in the floodplain within a community subject to a one percent or
greater chance of flooding in any given year. It is shown on the flood insurance rate map (FIRM) as zone A, AO,
AH, Al-30, AE, A99, or AR (V, VO, V1-30, VE). "Special flood hazard area" is synonymous in meaning with the
phrase "area of special flood hazard."
C. "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year (also
referred to as the "100-year flood").
D. "Base flood elevation (BFE)" means the elevation to which floodwater is anticipated to rise during the base
flood.
E. "Basement" means any area of the building having its floor sub -grade (below ground level) on all sides.
F. "Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a
primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or
seismic sources. The area is designated on the FIRM as zone V1-30, VE or V.
G. "Development" means any manmade change to improved or unimproved real estate, including but not limited to
buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage
of equipment or materials located within the area of special flood hazard.
H. "Elevation certificate" means an administrative tool of the National Flood Insurance Program (NFIP) that can be
used to provide elevation information, to determine the proper insurance premium rate, and to support a request for a
letter of map amendment (LOMA) or letter of map revision based on fill (LOMR-F).
1. "Flood or flooding" means:
1. A general and temporary condition of partial or complete inundation of normally dry land areas from:
a. The overflow of inland or tidal waters.
b. The unusual and rapid accumulation or runoff of surface waters from any source.
c. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in subsection (I)(1)(b)
of this section and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas,
as when earth is carried by a current of water and deposited along the path of the current.
2. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or
undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by
an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated
force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable
event which results in flooding as defined in subsection (I)(1)(a) of this section.
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Chapter 19.07 FLOOD DAMAGE PREVENTION
J. "Flood elevation study" means an examination, evaluation and determination of flood hazards and, if appropriate,
corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow)
and/or flood -related erosion hazards. Also known as a flood insurance study (FIS).
K. "Flood insurance rate map (FIRM)" means the official map of a community, on which the Federal Insurance
Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community.
A FIRM that has been made available digitally is called a digital flood insurance rate map (DFIRM).
L. "Floodplain" or "flood -prone area" means any land area susceptible to being inundated by water from any source.
See "Flood or flooding."
M. Floodplain Administrator. The building official is designated to administer and enforce the floodplain
management regulations.
N. "Floodplain management regulations" means zoning ordinances, subdivision regulations, building codes, health
regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control
ordinance) and other application of police power. The term describes such state or local regulations, in any
combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
O. "Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to
structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary
facilities, structures, and their contents. Floodproofed structures are those that have the structural integrity and
design to be impervious to floodwater below the base flood elevation.
P. "Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or
carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary
for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not
include long term storage or related manufacturing facilities.
Q. "Habitat assessment" means a written document that describes a project, identifies and analyzes the project's
impacts to habitat for species discussed in the "Endangered Species Act — Section 7 Consultation Final Biological
Opinion and Magnuson -Stevens Fishery Conservation and Management Act Essential Fish Habitat Consultation for
the Implementation of the National Flood Insurance Program in the State of Washington, Phase One Document —
Puget Sound Region," and provides an effects determination.
R. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to
the proposed walls of a structure.
S. "Historic structure" means any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the
Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual
listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical
significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a
registered historic district;
3. Individually listed on a state inventory of historic places in states with historic preservation programs which
have been approved by the Secretary of the Interior; or
4. Individually listed on a local inventory of historic places in communities with historic preservation programs
that have been certified either:
a. By an approved state program as determined by the Secretary of the Interior, or
b. Directly by the Secretary of the Interior in states without approved programs.
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Chapter 19.07 FLOOD DAMAGE PREVENTION
T. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood
resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement
area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the
structure in violation of the applicable nonelevation design requirements of this chapter (i.e., provided there are
adequate flood ventilation openings).
U. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent
chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The
term "manufactured home" does not include a "recreational vehicle."
V. "Mean sea level" means, for purposes of the National Flood Insurance Program, the vertical datum to which base
flood elevations shown on a community's flood insurance rate map are referenced.
W. "New construction" means, for the purposes of determining insurance rates, structures for which the "start of
construction" commenced on or after the effective date of an initial flood insurance rate map or after December 31,
1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management
purposes, "new construction" means structures for which the "start of construction" commenced on or after the
effective date of a floodplain management regulation adopted by a community and includes any subsequent
improvements to such structures.
X. "Start of construction" includes substantial improvement and means the date the building permit was issued,
provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other
improvement was within 180 days from the date of the permit. The actual start means either the first placement of
permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor
does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a
substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other
structural part of a building, whether or not that alteration affects the external dimensions of the building.
Y. "Structure" means, for floodplain management purposes, a walled and roofed building, including a gas or liquid
storage tank, that is principally above ground, as well as a manufactured home.
Z. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the
structure to its before damaged condition would equal or exceed 50 percent of the replacement cost of the structure
before the damage occurred.
AA. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a
structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of
construction" of the improvement. This term includes structures which have incurred "substantial damage,"
regardless of the actual repair work performed. The term does not include any alteration of a "historic structure,"
provided that the alteration will not preclude the structure's continued designation as a "historic structure."
BB. "Variance" means a grant of relief by a community from the terms of a floodplain management regulation.
CC. "Water surface elevation" means the height, in relation to the vertical datum utilized in the applicable flood
insurance study of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. [Ord.
4199 § 1 (Att. A), 2020].
19.07.025 Administration.
A. Establishment of a Development Permit.
1. Development Permit Required. A development permit shall be obtained before construction or development
begins within any area of special flood hazard established in ECDC 19.07.010. The permit shall be for all
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Chapter 19.07 FLOOD DAMAGE PREVENTION
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structures including manufactured homes, as set forth in ECDC 19.07.020, Definitions, and for all development
including fill and other activities, also as set forth in ECDC 19.07.020, Definitions.
2. Application for Development Permit. Application for a development permit shall be made on forms
furnished by the floodplain administrator and may include, but not be limited to, plans drawn to scale showing
the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill,
storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following
information is required:
a. Elevation in relation to mean sea level of the lowest floor (including basement) of all structures
recorded on a current elevation certificate with subsection (B) of this section completed by the floodplain
administrator;
b. Elevation in relation to mean sea level to which any structure has been floodproofed;
c. Where a structure is to be floodproofed, certification by a registered professional engineer or architect
that the floodproofing methods for any nonresidential structure meet floodproofing criteria in the IBC;
d. Description of the extent to which a watercourse will be altered or relocated as a result of proposed
development;
e. Where a structure is proposed in a V, V1-30, or VE zone, a V-zone design certificate; and
f. Any other such information that may be reasonably required by the floodplain administrator in order to
review the application.
B. Designation of the floodplain administrator. The building official is hereby appointed to administer, implement,
and enforce this chapter by granting or denying development permits in accordance with its provisions. The
floodplain administrator may delegate authority to implement these provisions.
C. Duties and responsibilities of the floodplain administrator shall include, but not be limited to:
1. Permit Review. Review all development permits to determine that:
a. The permit requirements of this chapter have been satisfied;
b. All other required state and federal permits have been obtained;
c. The site is reasonably safe from flooding;
d. Notify FEMA when annexations occur in the special flood hazard area.
2. Use of Other Base Flood Data in A and V Zones. When base flood elevation data has not been provided (in
A or V zones) in accordance with ECDC 19.07.010, the floodplain administrator shall obtain, review, and
reasonably utilize any base flood elevation data available from a federal, state, or other source, in order to
administer this chapter.
3. Information to Be Obtained and Maintained.
a. Where base flood elevation data is provided through the FIS, FIRM, or required as in subsection (C)(2)
of this section, obtain and maintain a record of the actual (as -built) elevation (in relation to mean sea level)
of the lowest floor (including basement) of all new or substantially improved structures, and whether or
not the structure contains a basement.
b. Obtain and maintain documentation of the elevation of the bottom of the lowest horizontal structural
member in V or VE zones.
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c. For all new or substantially improved floodproofed nonresidential structures where base flood elevation
data is provided through the FIS, FIRM, or as required in subsection (C)(2) of this section.
d. Obtain and maintain a record of the elevation (in relation to mean sea level) to which the structure was
floodproofed.
e. Maintain the floodproofing certifications required in subsection (A) of this section.
f. Records of all variance actions, including justification for their issuance.
g. Improvement and damage calculations.
h. Maintain for public inspection all records pertaining to the provisions of this chapter.
4. Alteration of Watercourse. Whenever a watercourse is to be altered or relocated:
a. Notify adjacent communities and the Department of Ecology prior to such alteration or relocation of a
watercourse, and submit evidence of such notification to the Federal Insurance Administrator through
appropriate notification means;
b. Assure that the flood carrying capacity of the altered or relocated portion of said watercourse is
maintained. [Ord. 4199 § 1 (Att. A), 2020].
19.07.030 International Building Code section amendments.
The following sections of the IBC are hereby amended as follows:
A. 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 Section 1612.4 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.
B. Section 1612.1.1, Residential Structures, is added and reads:
Any residential or commercial structure located in a flood hazard area, that is destroyed, damaged or
demolished in an amount equal to 50 percent or more of its replacement cost at the time of destruction, shall not
be reconstructed except in full conformance with all provisions of this chapter and other local, state and federal
regulations.
C. Section 1612.4.1, Lowest Floor Elevation, is added and reads:
For buildings in all structure categories located in the Coastal High Hazard Areas and Coastal A Flood Zones,
the elevation of the lowest floor shall be a minimum of two feet above the base flood elevation, as determined
from the applicable FEMA flood hazard map.
[Ord. 4199 § 1 (Att. A), 2020].
19.07.040 International Residential Code section amendments.
The following sections of the IRC are hereby amended as follows:
A. Table R301.2(1), Climatic and Geographic Design Criteria, is amended with the following criteria:
Flood Hazard(g) = NFIP adoption 8/8/78. Current FIS June 19, 2020. FIRM maps June 19, 2020.
B. R322.1, General, is hereby amended as follows:
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Buildings and structures constructed in whole or in part in flood hazard areas (including A or V Zones) as
established in Table R301.2(1) shall be designed and constructed in accordance with the provisions contained in
this section.
Any residential or commercial structure located in a flood hazard area, that is destroyed, damaged or
demolished in an amount equal to 50 percent or more of its replacement cost at the time of destruction, shall not
be reconstructed except in full conformance with all provisions of this chapter and other local, state and federal
regulations.
[Ord. 4199 § 1 (Att. A), 2020].
19.07.050 Habitat assessment.
A development permit application shall include a habitat assessment unless the project is, in its entirety, one of the
following activities:
A. Normal maintenance, repairs, or remodeling of structures, such as reroofing and replacing siding, provided such
work is not a substantial improvement or a repair of substantial damage. To comply, such work must be less than 50
percent of the value of the structure(s).
B. Expansion or reconstruction of an existing structure that is no greater than 10 percent beyond its existing
footprint.
C. Activities with the sole purpose of creating, restoring, or enhancing natural functions associated with floodplains,
streams, lakes, estuaries, marine areas, habitat, and riparian areas that meet federal and state standards, provided the
activities do not include structures, grading, fill, or impervious surfaces.
D. Development of open space and recreational facilities, such as parks, trails, and hunting grounds, that do not
include structures, fill, impervious surfaces, or removal of more than five percent of the native vegetation on that
portion of the property in the floodplain.
E. Repair to on -site septic systems, provided ground disturbance is the minimal necessary and best management
practices (BMPs) to prevent stormwater runoff and soil erosion are used.
F. Projects that have already received concurrence under another permit or other consultation with the services,
either through Section 7, Section 4d, or Section 10 of the Endangered Species Act (ESA) that addresses the entirety
of the project in the floodplain (such as an Army Corps 404 permit or nonconversion forest practice activities
including any interrelated and interdependent activities).
G. Repair of an existing, functional bulkhead in the same location and footprint with the same materials when the
ordinary high water mark (OHWM) is still outside of the face of the bulkhead (i.e., if the work qualifies for a Corps
exemption from Section 404 coverage). [Ord. 4199 § 1 (Att. A), 2020].
19.07.060 Review of building permits.
Where elevation data is not available either through the FIS, FIRM, or from another authoritative source (ECDC
19.07.025(C)(2)), applications for floodplain development shall be reviewed to assure that proposed construction
will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical
data, high water marks, photographs of past flooding, etc., where available. [Ord. 4199 § 1 (Att. A), 2020].
19.07.065 Changes to special flood hazard areas (SFHA).
A. If a project will alter the BFE or boundaries of the SFHA, then the project proponent shall provide the
community with engineering documentation and analysis regarding the proposed change. If the change to the BFE
or boundaries of the SFHA would normally require a letter of map change, then the project proponent shall initiate,
and receive approval of, a conditional letter of map revision (CLOMR) prior to approval of the development permit.
The project shall be constructed in a manner consistent with the approved CLOMR.
B. If a CLOMR application is made, then the project proponent shall also supply the full CLOMR documentation
package to the floodplain administrator to be attached to the floodplain development permit, including all required
property owner notifications. [Ord. 4199 § 1 (Att. A), 2020].
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19.07.070 Anchoring.
A. All new construction and substantial improvements, including those related to manufactured homes, shall be
anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and
hydrostatic loads including the effects of buoyancy.
B. All manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement, and shall be
installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not
limited to, use of over -the -top or frame ties to ground anchors. For more detailed information, refer to guidebook,
FEMA-85, "Manufactured Home Installation in Flood Hazard Areas." [Ord. 4199 § 1 (Att. A), 2020].
19.07.080 Subdivision proposals and development.
All subdivisions, as well as new developments, shall:
A. Be consistent with the need to minimize flood damage;
B. Have public utilities and facilities, such as sewer, gas, electrical, and water systems, located and constructed to
minimize or eliminate flood damage;
C. Have adequate drainage provided to reduce exposure to flood damage;
D. Where subdivision proposals and other proposed developments contain greater than 50 lots or five acres
(whichever is the lesser) base flood elevation data shall be included as part of the application. [Ord. 4199 § 1 (Att.
A), 2020].
19.07.090 Manufactured homes.
A. All manufactured homes to be placed or substantially improved on sites shall be elevated on a permanent
foundation such that the lowest floor of the manufactured home is elevated one foot or more above the base flood
elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and
lateral movement.
B. All manufactured homes to be placed or substantially improved within zones V 1-30, V, and VE on the
community's FIRM on sites:
1. Outside of a manufactured home park or subdivision;
2. In a new manufactured home park or subdivision;
3. In an expansion to an existing manufactured home park or subdivision; or
4. In an existing manufactured home park or subdivision on which a manufactured home has incurred
"substantial damage" as the result of a flood;
shall meet the standards of ASCE 24-14, Chapter 4 requirements for residential buildings. [Ord. 4199 § 1 (Att.
A), 2020].
19.07.095 General requirements for other development.
All development, including manmade changes to improved or unimproved real estate for which specific provisions
are not specified in this chapter or the state building codes with adopted amendments and any city of Edmonds
amendments, shall:
A. Be located and constructed to minimize flood damage;
B. Be anchored to prevent flotation, collapse, or lateral movement resulting from hydrostatic loads, including the
effects of buoyancy, during conditions of the design flood;
C. Be constructed of flood damage -resistant materials; and
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D. Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of
ASCE 24, except that minimum electric service required to address life safety and electric code requirements is
permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building
code for wet locations. [Ord. 4199 § 1 (Att. A), 2020].
19.07.100 All other building standards apply.
All new construction and substantial improvements shall comply with all applicable flood hazard reduction
provisions of the adopted IBC, IRC, Appendix (IBC) G, and ASCE 24. [Ord. 4199 § 1 (Att. A), 2020].
19.07.110 Variance.
A. General. The variance criteria set forth in this section are based on the general principle of zoning law that
variances pertain to a piece of property and are not personal in nature. A variance may be granted by the city's
floodplain administrator for a parcel of property with physical characteristics so unusual that complying with the
requirements of this chapter would create an exceptional hardship to the applicant or the surrounding property
owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique
characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.
It is the duty of the city of Edmonds to help protect its citizens from flooding. This need is so compelling and the
implications of the cost of insuring a structure built below the base flood elevation are so serious that variances from
the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of
preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the
variance guidelines provided in this chapter are more detailed and contain multiple provisions that must be met
before a variance can be properly granted. The criteria are designed to screen out those situations in which
alternatives other than a variance are more appropriate.
B. Requirements for Variances.
1. Variances shall only be issued:
a. Upon a determination that the granting of a variance will not result in increased flood heights, additional
threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of
the public, or conflict with existing local laws or ordinances;
b. For the repair, rehabilitation, or restoration of historic structures upon a determination that the proposed
repair or rehabilitation will not preclude the structure's continued designation as a historic structure and
the variance is the minimum necessary to preserve the historic character and design of the structure;
c. Upon a determination that the variance is the minimum necessary, considering the flood hazard, to
afford relief;
d. Upon a showing of good and sufficient cause;
e. Upon a determination that failure to grant the variance would result in exceptional hardship to the
applicant;
f. Upon a showing that the use cannot perform its intended purpose unless it is located or carried out in
close proximity to water. This includes only facilities defined in ECDC 19.07.020 in the definition of
"Functionally dependent use."
2. Generally, variances may be issued for new construction and substantial improvements to be erected on a lot
of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below
the BFE, provided the provisions of this chapter have been fully considered. As the lot size increases beyond
one-half acre, the technical justification required for issuing the variance increases.
C. Variance Criteria. In considering variance applications, the floodplain administrator shall consider all technical
evaluations, all relevant factors, all standards specified in other sections of this chapter, and:
1. The danger that materials may be swept onto other lands to the injury of others;
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2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on
the individual owner;
4. The importance of the services provided by the proposed facility to the community;
5. The necessity to the facility of a waterfront location, where applicable;
6. The availability of alternative locations for the proposed use, which are not subject to flooding or erosion
damage;
7. The compatibility of the proposed use with existing and anticipated development;
8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that
area;
9. The safety of access to the property in time of flood for ordinary and emergency vehicles;
10. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at
the site; and
11. The costs of providing governmental services during and after flood conditions, including maintenance and
repair of public utilities and facilities, such as sewer, gas, electrical, water system, and streets and bridges.
D. Additional Requirements for the Issuance of a Variance.
1. Any applicant to whom a variance is granted shall be given written notice over the signature of a community
official that:
a. The issuance of a variance to construct a structure below the BFE will result in increased premium rates
for flood insurance coverage; and
b. Such construction below the BFE increases risks to life and property.
2. The floodplain administrator shall maintain a record of all variance actions, including justification for their
issuance.
3. The floodplain administrator shall condition the variance as needed to ensure that the requirements and
criteria of this chapter are met.
4. Variances as interpreted in the NFIP are based on the general zoning law principle that they pertain to a
physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants,
economic or financial circumstances. They primarily address small lots in densely populated residential
neighborhoods. As such, variances from flood elevations should be quite rare.
E. Appeals. Appeals of a variance from the provisions of this chapter shall be appealable in accordance with Chapter
19.80 ECDC. [Ord. 4199 § 1 (Att. A), 2020].
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Chapter 19.10 BUILDING PERMITS — EARTH
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Chapter 19.10
BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA
Sections:
19.10.000 Statement of purpose and application.
19.10.010 Section amendments.
19.10.020 Definitions.
19.10.030 Minimum required application submittals.
19.10.040 Site posting notice, disclosures, declarations, covenants and waivers.
19.10.050 Site bonds and contractor general public liability insurance.
19.10.060 Review to determine compliance with engineering practice and best available science.
19.10.070 Issuance and denial of permits.
19.10.080 Site access, professional/special inspection, monitoring during construction and final geotechnical
report.
19.10.000 Statement of purpose and application.
A. This chapter has been enacted in order to provide both substantive and procedural provisions relating to the
issuance of permits within the North Edmonds earth subsidence and landslide hazard area. It shall be the policy of
the city that no permit shall be issued for any site which is found to be unsuitable for improvement due to
excessively steep slopes, unsatisfactory foundation support, instability or unsuitable topography for the particular
permit requested for issuance. When development occurs on an unstable site, an unreasonable risk of danger may
exist to the public, to public improvements or to adjacent property owners. If such a site can be stabilized through
the construction of on -site improvements, that risk may be reduced.
B. The construction of professionally designed structures addressing the risks of earth movement, and employing
feasible attendant measures (including but not limited to drainage improvements, specially designed foundations,
retaining walls, removal of overburden and other improvements designed to minimize the risk of earth movement,
prevent avoidable damage to structures, safeguard adjacent properties, limit risk to inhabitants, and to stabilize the
structure in the event of movement) may mitigate and reduce the risk of earth movement on individual properties.
Nothing herein shall relieve an owner of any obligation imposed by the State Building Code or city ordinance to
take all reasonable and practical measures available to reduce or eliminate the risk or hazard.
C. The IRC/IBC, as promulgated by the state of Washington and required to be adopted by the city, does not specify
a standard regarding lot stability. Since the city's request for an interpretation of the International Building Code by
the State Building Code Council to designate an acceptable level of lot stability was denied, and because the city
wishes to comply with state law requiring that the issuance of building permits be a ministerial and not a
discretionary act, the provisions of this chapter have been adopted in order to provide reasonable certainty in the
permit issuance process. The purpose of these provisions is not to lessen the minimum requirements of the current
adopted building code, but rather to define its requirements for city implementation.
D. These provisions have been adopted in order to establish a policy that permits shall not be issued for any site
where a substantial risk of earth subsidence and landslide hazard exist unless:
1. The risks can be defined with reasonable scientific certainty and found to be within acceptable limits as
determined in accordance with this chapter.
2. Any hazard associated with the site is scientifically ascertained and fully disclosed through the permit
process.
3. Notice of any risk is given to future purchasers through the land records of Snohomish County.
4. Any risks associated with construction and habitation are assumed by the builder and future owners of the
site.
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5. Adequate indemnification is provided by the builder and the owner of the site in order that the general public
not assume or bear any portion of the costs or liability associated with the builder's investigation, design and
construction as well as the continuing maintenance of the site by the property owner.
E. Notwithstanding any contrary provision of this chapter or the IRC/IBC, all applications for permits received for
any site, any portion of which lies within the North Edmonds earth subsidence and landslide hazard area or its
buffer, shall be governed by the provisions of this chapter. In addition to all other requirements of these sections, the
restrictions and provisions of this chapter shall apply to all building, grading, fill and excavation permits (herein
"permits"). Minor permits such as plumbing, mechanical, reroof and interior alterations are exempt from the
requirements of this chapter.
F. All applications for permits under this chapter shall disclose within the geotechnical report whether or not any
part of the site lies within or adjacent to the North Edmonds earth subsidence and landslide hazard area. The
building official may require preliminary investigation by a geotechnical engineer for any applicant whose property
lies within or lies adjacent to the North Edmonds earth subsidence and landslide hazard area in order to assist the
building official in determining whether these provisions should be applied.
G. Nothing in this chapter should or shall be interpreted to guarantee issuance of a permit with respect to any
property unless the requirements of the IRC/IBC as amended and interpreted by this chapter have been met. [Ord.
4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
19.10.010 Section amendments.
The provisions of this section amend the 2003 Edition of the IRC/IBC and all subsequent revisions adopted by RCW
19.27.031 as the State Building Code as previously amended by Chapter 19.05 ECDC. All prior substantive
amendments have received the approval of the State Building Code Council. All provisions of the IRC/IBC which
conflict with this chapter shall be deemed amended hereby, and any ambiguity created shall be resolved in favor of
the specific provision or general intent of said chapter. In addition to the amendments of the IRC/IBC by its
alteration, improvement and correction to incorporate the chapter, the following specific code provisions are
amended and the substantive and procedural requirements of this chapter are amended by the correction and
alteration of the following sections of the IRC/IBC:
A. Chapter 1, Administration.
1. Section RI05.1.1 Permit review applicability. Any permit requested for a site lying in whole or in part within
an earth subsidence and landslide hazard area as defined by ECDC 19.10.020(F) shall be processed and acted
upon in accordance with the provisions of Chapter 19.10 ECDC.
2. Section R105.2 Work exempt from a permit. ECDC 19.00.025(E)(1) exemptions (a), (b), (d), (e), (f), (g), 0),
(k), (1), and (p) and ECDC 19.00.025E(4) exemptions (a), (c) and (i) shall not apply in any area designated as an
earth subsidence and landslide hazard area as defined in ECDC 19.10.020(F).
3. Section R105.3.2 Time limitation of permit application.
a. Applications, for which no permit is issued within two (2) years 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 not extend the time for action by the applicant on an expired application except as
allowed within this section.In the event of application expiration, the applicant shall submit a new application,
revised plans based on current adopted codes and pay new plan review fees as well as any outstanding peer
review fees incurred to date.
4. The Building Official may extend the life of an application if any of the following conditions exist:
(a) Compliance with the State Environmental Policy Act is in progress; or
(b) Any other City review is in progress; provided, the applicant has submitted a complete response to City
requests; or
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(c) The Building Official determines that unique or unusual circumstances exist that warrant additional time for
such response and the Building Official determines that the review is proceeding in a timely manner toward
final City decision; or
(d) Litigation against the City or applicant is in progress, the outcome of which may affect the validity or the
provisions of any permit issued pursuant to such application.
5. Section R105.5 Permit expiration and extension.
a. Every permit issued under the provisions and development standards of Chapter 19.10 ECDC shall expire by
limitation two (2) years after issuance, except as provided in ECDC 19.10.010(A)(4)(b).
b. Prior to expiration of an active permit the applicant may request in writing an extension for a third and final
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 quarter the original building permit fee to extend the permit.
c. 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 fees, in order for the applicant to complete work.
The issuance of a new 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 the Land Use Petition Act, the time
limit periods imposed under this section shall also be stayed until final decision.
d. The building official shall reject requests for permit extensions if modifications or amendments to the
applicable zoning and building codes have occurred since the original issuance of the permit, and modifications
or amendments would significantly promote public health and safety if applied to the project through the
issuance of a new permit.
6. Section R105.5.1 Recommence work on an expired permit.
a. In order to recommence work on an expired permit, a new permit application with full 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 at the time of complete application for the new permit, not the
expired permit. When additional plan review is required, plan review fees shall be charged. When applicable,
peer review and peer review fees shall be assessed.
7. Section RI06.3.3.1 Phased approval.
a. The building official may require sequencing of construction phases or activities such as the installation of
shoring or temporary erosion control remedies and/or drainage systems, well in advance of grading or
foundation construction on a time frame consistent with geotechnical recommendations and peer review. As
part of the sequencing process, the building official may impose permit conditions that address site work
sequencing to include but not be limited to: limiting all excavation, drainage systems and foundation installation
to the drier season between May 1st and September 30th.
b. When permit conditions such as groundwork are limited by the building official on a particular project, the
applicant's geotechnical engineer may submit a letter detailing geotechnical recommendations that portions of
work may progress. The letter shall include a detailed work schedule submitted by the general contractor
specifying work to be done, timeline, provisions for monitoring and equipment to be used. Any such
recommendation shall be based upon best available science and be consistent with standard geotechnical
engineering practice. The building official may require a peer review prior to a decision which provides
concurrence regarding at least the following issues:
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i. Duration of work,
ii. Type of equipment to use,
iii. Additional temporary erosion and sediment control provisions required, and
iv. Applicability of special inspections, and similar issues.
c. The building official may issue partial permits for phased construction before the entire plans and
specifications for the whole building or structure have been approved provided peer review approval has been
granted. Phased approval means separate permits for grading, shoring, and foundation may be issued separately,
provided concurrent approval is granted by the planning manager, city engineer, and city public works director,
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. 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.
B. Chapter 2, Definitions.
1. Section R202 and IBC 202 are hereby amended to include the definitions set forth in ECDC 19.10.020,
incorporated by this reference as fully as if herein set forth.
C. Chapter 4, Foundations.
1. Section R401.1 General Exception 3. Any permit requested for a site lying in whole or in part within the
North Edmonds Earth Subsidence and Landslide Hazard Area shall be processed and acted upon in accordance
with the provisions of Chapter 19.10 ECDC.
D. IBC Chapter 16, Structural design.
1. Section IBC 1601.1.1 Scope. Setting forth the requirements of Chapter 19.10 ECDC, incorporated by this
reference as fully as if herein set forth.
E. IBC Appendix J, Grading.
1. Section IBC Appendix J 101.1.2, Scope. Setting forth the requirements of Chapter 19.10 ECDC, incorporated
by this reference as fully as if herein set forth.
[Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1,
2007].
19.10.020 Definitions.
The following terms, when used within this chapter, shall have the following definitions:
A. "Architect" shall mean a person licensed to practice architecture by the state of Washington.
B. "Best available science" shall be determined in accordance with the criteria established in WAC 365-195-900, et
seq.
C. `Bluff' shall mean any slope 10 feet in height or greater inclined at greater than one unit vertical in one unit
horizontal or 100 percent slope.
D. "Building official" shall mean the building official of the city of Edmonds.
E. "Director" shall mean the city of Edmonds development services director or his/her designee.
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F. "General contractor" shall mean a bonded, insured and registered contractor in the state of Washington. A general
contractor shall maintain state -required bonding and shall carry general public liability insurance in the minimum
amount of $1,000,000. The general contractor shall have a current valid state contractor's license with the state of
Washington and a city of Edmonds resident or nonresident business license, whichever is applicable.
G. "Geologist" means a practicing geologist licensed in the state of Washington with at least four years' experience
as a licensed geologist in responsible charge, including experience with landslide evaluation.
H. "Geotechnical engineer" means a practicing geotechnical/civil engineer licensed as a professional civil engineer
in the state of Washington who has at least four years of professional employment as a geotechnical engineer in
responsible charge, including experience with landslide evaluation.
I. "North Edmonds earth subsidence landslide hazard area" shall mean the hazard area, including its buffer,
designated in the 2007 report of Landau Associates and as may be amended in future adopted earth subsidence and
landslide hazard maps which are hereby incorporated by this reference and made a part of this chapter as fully as if
herein set forth and may be provided in a summary text form. Future adopted landslide hazard maps shall be
incorporated by reference upon adoption by ordinance.
Applicants for permits in the North Edmonds earth subsidence and landslide hazard area shall submit a geotechnical
report and complete plan set submittal as required by this chapter to the building official for review.
The presumption of risk shall be rebuttable and the decision of the director or building official that any area lies
within, or adjacent to, such earth subsidence and landslide hazard area shall be appealable as a staff decision to
superior court in accordance with the Land Use Petition Act.
Copies of the reports and maps shall be maintained in the offices of the building official and shall be available for
inspection during all normal working hours. Individual copies of the reports and map may be obtained by the public
upon the payment of the cost of reproduction.
J. "Landslide hazard areas" means areas mapped or otherwise defined by the city of Edmonds as environmentally
critical areas or geologically hazardous areas.
K. "Land surveyor" means a person who holds a Washington State land surveyor's license.
L. "Lead design professional" means the person designated by the applicant to oversee and coordinate the permit
review process on behalf of the applicant.
M. "Plan set submittal" means a complete application pursuant to ECDC 19.00.015 including:
1. Vicinity map.
2. Topography map and survey.
3. Civil plans including grading, temporary erosion and sediment control, storm drainage, utilities and site
improvements.
4. Tree cutting/land clearing plans.
5. Geotechnical report.
6. Architectural and structural plans with design calculations, stamped and signed by licensed design
professionals of the state of Washington.
N. "Site" means the entire area within the boundaries, as described in a legal description, of the property that is to be
developed under the permit for which the applicant has applied.
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O. "Stable" shall mean that the risk of damage to the proposed development, or to adjacent properties, from soil
instability is minimal subject to the conditions set forth in the reports developed under the requirements of ECDC
19.10.030 and the proposed development will not increase the potential for soil movement.
In the event that any site has an underlying risk of movement based upon deep-seated earth movement or large-scale
earth failure which is not susceptible to correction by on -site improvements, such hazard shall not render a site
proposed for single-family residences to be presumed unstable for the purpose of this provision if the geotechnical
engineer of record and recommendation of any peer reviewer confirm the risk of probability of earth movement is
30 percent or less within a 25-year period.
In order to meet the definition of "stable" the geotechnical report shall include identified hazards for the property
and the mitigation measures proposed to reduce or correct the hazards along with measures taken to mitigate
potential impacts from the remaining hazards, including all on- and off -site measures taken to correct or reduce the
risk. These shall be fully disclosed to the applicant and future owners, heirs and assigns in the covenant required to
be executed in accordance with provisions of this chapter, in which case the defined risk may be approved as an
acceptable condition.
P. "Steep slope" shall be defined and calculated pursuant to Chapter 23.80 ECDC.
Q. "Storm event" means one inch or greater precipitation in a 24-hour period as reported by the National Oceanic
and Atmospheric Administration (NOAA).
R. "Structural engineer" means a person licensed to practice structural engineering by the state of Washington.
S. "Structural fill" shall mean any fill placed below structures, including slabs, where the fill soils are intended 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 compacted in accordance with an approved geotechnical report
prepared utilizing best engineering science. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 §
1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
19.10.030 Minimum required application submittals.
A. The applicant shall submit a complete plan set submittal and permit application and specifications for the
proposed development as defined in ECDC 19.10.020(M) and this chapter.
B. An earth subsidence and landslide hazard area permit submittal checklist shall be adopted at the direction of the
director and shall be provided to all persons inquiring regarding building permit applications or development permits
in the designated earth subsidence and landslide hazard area of North Edmonds. The submittal checklist shall
include but not be limited to the requirements contained in city public handouts, written policies, adopted maps,
reference maps, summary reports, minimum geotechnical report guidelines, and the following:
1. North Edmonds earth subsidence and landslide hazard map.
2. Vicinity map.
3. Topographic map and survey.
4. Civil plans (i.e., grading, temporary erosion and sediment control, storm drainage, utilities and site
improvements).
5. Tree cutting/land clearing plan.
6. Geotechnical report.
7. Owner and professional declarations.
8. Detailed architectural and structural plans with structural calculations and specifications.
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9. Bonds, covenants and contractor public liability insurance in accordance with the detailed requirements
stated below.
If any item in the checklist is inapplicable to a particular project, a letter or a report shall be provided to the director
stamped by the appropriate licensed design professional, with sufficient information or data to demonstrate why the
item is inapplicable. The director may utilize appropriate licensed consultants to determine if generally accepted
engineering practice requires submission of an application requirement. When consultants are used to determine if
generally accepted engineering practice requires submission of an application requirement, the cost of review shall
be paid by the applicant. The director may develop a modified checklist suitable for projects of a minor nature, such
as retaining walls, decks and sheds, as may be appropriate.
C. A copy of the North Edmonds earth subsidence and landslide hazard map shall be included in the submittal
checklist materials.
D. The vicinity map shall be suitable for locating the site and include information related to existing conditions on or
near the site, based on the topographic map and survey and shall designate all known landslide masses, or debris
flows or mud flows on or near the site which could threaten proposed structures within 100 feet, as referenced,
noted, described or discussed in the geotechnical report.
E. The applicant shall submit a topographic map and survey prepared and stamped by a licensed land surveyor, prior
to studies and evaluations by the geotechnical engineer, and shall show:
1. Map scale, north arrow, legal description, tax account parcel numbers, easements, and lot property lines
2. Existing grade contour lines, at two -foot intervals.
3. All distances between existing structures on the site and approximate distances of existing habitable
structures on adjacent sites within 50 feet of property lines (all adjacent sites which could affect or be affected
by the proposed development shall be shown).
4. Lowest footing or basement slab elevation of existing and proposed structures on the property and on
adjacent properties to the extent that such information is reasonably available, and proposed finish floor
elevations.
5. The location of existing sanitary sewers, stormwater drainage facilities, septic tanks, drain fields, wells,
piezometers, private drainage systems, underground storage tanks, subsurface drains, and other sewer/drainage
facility components on, and adjacent to, the site to the extent such information is reasonably available.
6. The location of all existing underground utilities on, and adjacent to, the site including, but not limited to,
telephone, cable television, gas, electric and water utilities, vaults, fire hydrants and other cables, wires, meters
and drainage pipes to the extent that such information is available.
7. A separate topographical drawing shall be submitted showing proposed grade contours at two -foot intervals.
This drawing shall include the bottom of proposed footing elevations including all stepped footing elevations.
F. Civil -engineered plans shall be prepared and stamped by a state of Washington licensed civil engineer pursuant to
the provisions of Chapter 18.30 ECDC and current adopted city stormwater manual. Geotechnical report
recommendations affecting civil plans shall be incorporated into the design and detailed on the plans and shall
include:
1. Storm drainage plan with storm drainage calculations.
2. Provisions for building pad and foundation drainage.
3. Temporary erosion and sediment control with drainage and maintenance provisions, and/or other sediment
control assemblies.
4. Permanent erosion control with drainage and maintenance provisions.
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5. Fill/soil stockpile limitation provisions, specific location, height, protection and maintenance.
6. Slope protection plans, rockeries, retaining walls, ecology blocks, keystone block walls, soldier pile walls,
and soil nail walls.
7. Utilities and site improvements.
8. Grading plans, temporary and permanent shoring plans, top and toe of slope setbacks, driveway slope.
G. In lieu of the procedural requirements of Chapter 18.45 ECDC, a tree cutting/land clearing plan shall be
submitted when significant trees are proposed to be removed. A significant tree is a tree with a trunk diameter of six
inches or greater measured four feet from the ground. No significant tree shall be removed until the permit is
approved.
A detailed landscape plan may also be required in order for the city to evaluate long-term erosion control measures.
The plan shall comply with all requirements of the ECDC relating to tree clearing and critical areas review, if
applicable. The director may require the project geotechnical engineer's concurrence regarding an approval of a tree
cutting/land clearing plan when slope stability is at issue.
H. Included in the permit submittal checklist shall be general and specific soils and geotechnical information, details
or analysis required pursuant to IBC 1802. The applicant shall retain a geotechnical engineer to prepare a report and
evaluation of the subsurface soil conditions on the site to include:
1. The geotechnical report shall be prepared in accordance with ECDC 23.80.050 and generally accepted
geotechnical engineering practices, under the supervision of, and signed and stamped by, the geotechnical
engineer. A geologist may be required to be part of the geotechnical consulting staff. The report shall reference
the Landau Associates Summary Report (2007) as a technical document reviewed as part of the geologic
analysis for the project and discuss all items listed in the permit submittal checklist and shall make specific
recommendations concerning development of the site.
2. The opinions and recommendations contained in the geotechnical report shall be supported by field
observations and, where appropriate or applicable, by literature review, conducted by the geotechnical
engineer. The report shall be based on best available science.
3. The report shall include an analysis of material gathered through appropriate explorations, such as borings or
test pits to a minimum depth of six feet below the proposed lowest footing or pile, an analysis of soil
characteristics conducted by or under the supervision of the engineer in accordance with the standards adopted
by the American Society of Testing and Materials (ASTM) or other applicable standards. The report must
provide subsurface data to support the engineer's conclusions regarding slope stability.
4. If the evaluation involves geologic evaluations or interpretations, the report shall be reviewed and approved
by a geologist. It shall be the responsibility of the geotechnical engineer to assure that the geologist meets the
qualifications listed in ECDC 19.10.020. A letter of concurrence from the geologist shall be included in the
report.
5. Based upon the North Edmonds landslide area geology and slide mechanisms map and table found in the
Landau Associates Summary Report (2007), any lot which contains any portion of any hazard zone or is
adjacent thereto (regardless of whether the proposed building pad is located within any hazard area) shall
specifically consider within the geotechnical report the following types of typical hazard zones and shall
specifically note if the hazard is, or is not, present on the site. The report shall address hazards from
encroaching landslide materials, hazards from ground failure in material that has not previously failed, and
hazards from ground failure in previously failed material. For each landslide hazard identified on a property,
the geotechnical engineer shall identify the types of specific processes associated with the hazard and include
design features to reduce such hazards and mitigate impacts.
6. For properties containing or adjacent to bluffs, the geotechnical engineer shall, as a part of the building
permit process, provide analysis of the rate of retreat of the bluff prepared by a geologist and estimate the bluff
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retreat amount and regression rate for periods of 25 and 125 years. The geotechnical engineer shall address the
effects of bluff retreat on the stability of structures and/or improvements. A "structure" is defined as:
a. A building intended for human habitation,
b. A building, structure or other improvement whose stress or weight, collapse or movement would
endanger public safety in the event of slope failure, and
c. Any improvement on the site which is necessary to mitigate danger to public safety or provide stability.
If the bluff retreat rate analysis shows that the rate of retreat of the bluff is such that any structure or
improvement constructed pursuant to the building permit would be unreasonably endangered or reasonably
could be anticipated to be endangered by landslide or earth subsidence during its normal useful life, the
application shall be denied.
7. Geotechnical letter addressing the provisions of Chapter 23.80 ECDC.
L The applicant shall submit, consistent with the findings of the geotechnical report, detailed structural plans with
corresponding calculations prepared and stamped by the structural engineer of record. When architectural plans
incorporate such structural details, said plans shall be stamped and signed by the structural engineer of record. All
other architectural plans may be prepared by an architect, designer, builder or lay person.
J. The applicant shall submit documentation of required bonds, frozen funds or adequate instrument of credit. The
applicant shall submit a copy of the contractor's general public liability insurance pursuant to ECDC 19.10.050.
K. The applicant shall submit declarations, disclosures, covenants and waivers as required by ECDC 19.10.040.
[Ord. 4212 § 1 (Art. A), 2021; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
19.10.040 Site posting notice, disclosures, declarations, covenants and waivers.
A. Notices of permit submittal application with the city shall be posted pursuant to ECDC 20.03.002(F).
B. At permit application submittal, the applicant shall submit a written declaration with the permit application that
includes the statement that the accuracy of all information is warranted by the owner/applicant in a form which
relieves the city and its staff from any liability associated with reliance on such submittals.
The declaration shall also state that the owner/applicant understands and accepts the risk of developing in an area
with potential unstable soils and that the owner/applicant will advise in writing any prospective purchasers of the
site, or any prospective purchasers or residential lessees of structures or portions of a structure on the site, of the
slide potential of the area.
The owner/applicant shall also acknowledge that he, she or they understand and accept the need for future
monitoring and maintenance of the property as described in the final geotechnical report when future monitoring and
maintenance may affect slope stability over time. While an application may reference the reports of prior public
consultants to the city, all conclusions shall be those of the owner/applicant and his or her professionals.
C. The plan set submittal shall include a disclosure letter from the geotechnical engineer and civil engineer who
prepared the geotechnical report and civil plans, stating that in his or her judgment the plans and specifications
submitted for the project conform to the recommendations in the geotechnical report, and that the risk of damage to
the proposed development, or to adjacent properties, from soil instability will be minimized subject to the conditions
set forth in the report, and the proposed development will not increase the potential for soil movement.
"Minimized" shall mean that the applicant has utilized best available science and commonly accepted engineering
and architectural practice to minimize, to the extent possible, the risks associated with development of the property.
The geotechnical engineer shall review the erosion and sediment control plan and provide a statement about the
adequacy of the plan with respect to site conditions and report findings. The geotechnical engineer's statement shall
also include an identification of landslide hazards applicable to the site, the on -site measures taken to correct or
reduce the hazards, as applicable, and measures taken to mitigate potential impacts from the remaining hazards.
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For sites where the hazards are not mitigated or where the risks from deep-seated or large-scale earth movement
cannot be practically reduced by individual lot owners, the geotechnical engineer shall prepare a statement
identifying what design measures will be taken to mitigate the risk to structures, adjacent properties, and inhabitants
in the event of deep-seated or large-scale movement. The statement shall specify any risks from earth movement that
are not fully mitigated by design measures and render an opinion as to whether the site will be stable within the
meaning of this chapter following installation of all proposed improvements. The statement will clarify to current
and future owners what measures were installed to reduce risks and what hazards could not be addressed by
individual lot development.
D. Further recommendations signed and sealed by the geotechnical engineer shall be provided should there be
additions or exceptions to the original recommendations based on the plans, site conditions or other supporting data.
If the geotechnical engineer who reviews the plans and specifications is not the same engineer who prepared the
geotechnical report, the new engineer shall, in a letter to the director accompanying the plans and specifications,
express agreement or disagreement with the recommendations in the geotechnical report and state that the revised
plans and specifications conform to the new recommendations.
E. The plan set submittal shall include a disclosure letter or notation on the design drawings by the structural
engineer of record stating that he has reviewed the geotechnical report(s), that he understands its recommendations,
has explained or has had explained to the owner/applicant the risk of loss due to slides on the site, and that he has
incorporated into the design the recommendations of the report and established measures to reduce the potential risk
of injury or damage that might be caused by any risk of earth movement referenced in the report. The statement shall
note any risks, hazards, and potential problems from earth movement that are not fully mitigated by design
measures.
F. The owner shall execute a covenant (in a form provided by the city) to be submitted with the application (with
necessary fee) to be filed with the Snohomish County auditor. The director shall cause such completed covenant to
be so filed. A copy of the recorded covenant shall be forwarded to the owner. This covenant shall be a covenant
running with the land, which shall at a minimum include:
1. A legal description of the property.
2. A statement explaining that the site is in a potential earth subsidence and landslide hazard area, that the risk
associated with the development of the site is set forth in permit file No. with the city of Edmonds
building department, that conditions or prohibitions on development may have been imposed by the city in the
course of permit issuance, and referencing any features in the design which will require maintenance or
modification to address anticipated soil changes. The covenant may incorporate by reference the statements and
conditions to be observed in the form proposed by the owner/applicant's geotechnical engineer, geologist,
architect and/or structural engineer as approved after the review set forth in ECDC 19.10.060.
3. A statement waiving and promising to indemnify and hold harmless the city of Edmonds, its officers and
employees from any claims the owner/applicant and his/her successors or assigns may have for any loss or
damage to people or property either on or off the site resulting from soil movement and arising from or out of
the issuances of any permit(s) authorizing development on the site, as well as due to any act or failure to act by
the indemnitor, its agents or successors, in interest under or following issuance of the permit.
4. The date of permit issuance and permit number authorizing the development. [Ord. 4212 § 1 (Att. A), 2021;
Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3817 § 9, 2010; Ord. 3736 § 36, 2009; Ord.
3651 § 1, 2007].
19.10.050 Site bonds and contractor general public liability insurance.
A. Site Bonding Requirements.
1. A surety bond, in an amount to be determined by the director, executed by a surety company authorized to do
business in the state of Washington shall be posted by the owner/applicant or general contractor to assure the
restoration of any areas on the site, or in the surrounding area, disturbed or damaged by slides during
construction, and to ensure completion of the work authorized by the permit, or, if the work is not completed, to
assure that the site will be restored to a safe and stable condition at least equal to the safety and stability of the
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site prior to commencement of work under the permit. The bond will be exonerated upon occupancy approval
of the building permit by the building official.
2. In lieu of the surety bond, the owner/applicant or general contractor may provide documentation of a frozen
fund in an amount equal to that which would be required in the surety bond, and similarly conditioned.
B. Public Liability Insurance. The general contractor of record shall carry general public liability insurance effective
through final occupancy in the minimum amount of $1,000,000, and which shall name the city as an additional
named insured, against the injury, death, property damage and/or loss arising from or out of the city's involvement
in the permitting process for the project.
C. Homeowner Insurance. The city strongly recommends that each property owner maintain policies of liability
insurance, adequate to provide sufficient funds, to indemnify and hold harmless third parties in the event of earth
subsidence or landslides emanating from or across the owner's property. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 §
1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
19.10.060 Review to determine compliance with engineering practice and best available science.
A. The city shall require professional peer review of the plan set submittals accompanying the permit application by
a civil engineer, geotechnical engineer, geologist, and/or structural engineer as may be necessary and determined by
the building official or director, in order to determine whether the plan set submittals were prepared in accordance
with generally accepted engineering practice or the practice of the particular engineering or design specialty and are
based upon best available science. The full cost of such peer review shall be paid in full by the owner/applicant
within 30 days of billing by the city. Failure to make timely payments shall result in a stay of city plan review
services on the application.
B. This requirement may be selectively waived at the discretion of the director, provided the applicable project
geotechnical engineer, civil engineer or structural engineer provides written concurrence, determination, details,
facts and/or data that individual site conditions warrant an exemption from outside peer review. Once waived, the
building official shall not be required to inquire further into the adequacy of any report, plans, or data, but rather
may rely upon the submittals as warranted by the owner/applicant as reviewed by the city's consultant. Nothing
herein shall relieve the owner/applicant of the obligation to submit a complete application fulfilling all the
requirements of this chapter and the IRC/IBC.
C. The final recommendation of the peer review regarding whether a submittal complies with generally accepted
practice and/or is based on best available science shall be binding upon the building official. Such recommendation
may be appealed to superior court under the Land Use Petition Act. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1
(Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
19.10.070 Issuance and denial of permits.
A. The notice of final decision shall be mailed or otherwise delivered to the applicant, to any person who submitted
comments, and any person who requested a copy of the decision.
B. Permit Issuance. The following requirements must be satisfied before a permit will be issued:
1. An approved geotechnical report has been submitted and approved.
2. Plans and specifications have been submitted incorporating the recommendations of the geotechnical report
and said plans have been approved.
3. The required declarations, disclosures, covenants and waivers have been submitted and approved.
4. Required bonds, cash deposits and public liability insurance have been posted with the city.
5. When peer review has been required, all submittals have been determined to have been prepared in
accordance with generally accepted engineering practice.
6. Peer review concurrence for permit issuance has been received by the building official.
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7. All other provisions of ECDC Titles 16, 18 and 20 have been reviewed and approved by the appropriate city
official.
C. Permit Denial. The following criteria shall result in the denial of issuance of permit:
1. Building, grading and excavation permits for construction on land which the director finds to be unsuitable
for improvement due to excessively steep slopes, unsatisfactory foundation support, instability or unsuitable
topography, or
2. The resulting development would increase the potential of soil movement resulting in an unacceptable risk of
damage to adjacent properties or an unreasonable risk of damage to the proposed development, or
3. Excessive flooding, seepage, high water table, or inadequate drainage, or
4. If the bluff retreat rate analysis shows that the rate of retreat of the bluff is such that any structure or
improvement would be unreasonably endangered or reasonably could be anticipated to be endangered by
landslide or earth subsidence during its normal useful life, the application shall be denied. A "structure" is
defined as:
a. A building intended for human habitation,
b. A building, structure or other improvement whose stress or weight, collapse or movement would
endanger public safety in the event of slope failure, and
c. Any improvement on the site which is necessary to mitigate danger to public safety or provide stability,
or
d. Other hazardous conditions posing an unreasonable risk to public health, safety, or welfare, or
e. Where the noted site dangers or geologic hazards are not minimized to the extent possible by the use of
best available science and generally accepted engineering and architectural practice, or
i If the applicant's geotechnical engineer determines that there is a greater chance than 30 percent in a 25-
year period that landslide damage on site will occur.
D. In making a determination of permit denial, the director shall consider not only the land which is the subject of
the application, but in addition, the surrounding area which would be adversely affected if the permit were granted.
Permit denial shall be made in writing to the owner/applicant when the site cannot be rendered "stable" as defined in
ECDC 19.10.020(0). This decision and other preliminary determinations as referenced herein shall be appealable to
Snohomish County superior court in accordance with the Land Use Petition Act. No other appeal shall be permitted.
The appeal period shall commence upon the date of mailing of any preliminary or final decision.
E. Prohibitions. Because of the relationship of groundwater to stability, the discharge of collected surface water or
stormwater to the ground surface or subsurface is prohibited on sites within the earth subsidence and landslide
hazard area. In addition, the following construction, buildings, or improvements are hereby prohibited within the
earth subsidence and landslide hazard area:
1. Swimming pools or hot tubs.
2. Ponds or other artificial impoundments of water.
3. Watering or irrigation systems.
4. Temporary or permanent stockpile of fill on top or bottom of slopes.
5. Rockeries.
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F. Waiver. The prohibitions established in subsection (E) of this section shall apply unless the property owner
requests a waiver based upon the written analysis of a geotechnical engineer which clearly establishes that the
proposed improvement will have no reasonable likelihood of triggering or otherwise contributing to any landslide
hazard or earth subsidence risk either on the site or in the neighboring earth subsidence or landslide hazard area.
In any review or appeal of the director's or building official's denial of a waiver to construct an otherwise prohibited
improvement, the burden of proof shall always be upon the applicant to establish by a clear preponderance of the
evidence that no such risk will be created by the improvement. Any geotechnical engineering report provided in any
review shall consider not only the risk incurred due to or during construction of the otherwise prohibited
improvement, but also the potential impacts due to failure to maintain the improvement, damage through reasonably
foreseeable events such as earthquakes or other acts of God, or the reasonably foreseeable negligence of the owner
or future owners. The director may utilize peer review consultants. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1
(Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
19.10.080 Site access, professional/special inspection, monitoring during construction and final
geotechnical report.
A. Site Clearing and Grading. The owner/applicant or contractor shall secure the building official's approval before
entering an earth subsidence and landslide hazard area site with excavating or other grading and clearing equipment
to clear, remove trees or grade for any purpose including the creation of access to the site.
The building official may condition such access approval if site conditions are warranted and when discretionary
approval permits are required. As part of the approval process the building official may impose conditions that
address site work issues; such measures could include but are not limited to limiting all excavation and drainage
installation to the drier season between May and the end of September, or sequencing activities such as the
installation of drainage systems well in advance of construction.
Requests for early site access in advance of building permit approval or in the time period between October 1 st and
April 30th for any purpose shall be submitted to the building official accompanied by written concurrence of the
owner/applicant's geotechnical engineer of record.
The building official may utilize peer review consultants to determine whether the request is based on generally
accepted engineering practice and is reasonable with regard to time frame to complete the work, types of equipment
proposed to perform the work, length of exposure of slopes, and adequacy of site monitoring and temporary erosion
control measures. When such peer review is utilized, the applicant is responsible for the peer review fee.
B. Reporting Authority. The owner/applicant shall retain a geotechnical engineer to monitor the site during
construction. The owner/applicant shall preferably retain the geotechnical engineer who prepared the final
geotechnical report in the plan set submittal and who has reviewed the approved plans and specifications.
If a different geotechnical engineering consultant is retained by the owner/applicant, the new geotechnical engineer
shall submit a letter to the director stating that he or she has read all reports and recommendations and reviews to
date and state whether or not he or she agrees with the opinions and recommendations of the original geotechnical
report and peer review comments. Further recommendations, signed and sealed by the new geotechnical engineer,
and supporting data shall be provided should there be exceptions or changes to the original recommendations that
would affect the approved plans.
C. Construction Monitoring, Special Inspections.
1. Inspection Requirements. During the period from October 1st to April 30th, when on site, the
owner/applicant or designated erosion sedimentation control (ESC) site supervisor shall perform erosion and
sedimentation control inspections. Records of installed ESC facilities shall be maintained by the erosion and
sedimentation control supervisor and copies of all ESC records shall be provided to city inspectors upon
request.
ESC facilities on inactive sites (sites where no work will be performed for more than three consecutive days)
shall be inspected weekly by the erosion and sedimentation control supervisor. During all other times of the
year, weekly inspections by the ESC site supervisor are required and shall be recorded.
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Chapter 19.10 BUILDING PERMITS — EARTH
SUBSIDENCE AND LANDSLIDE HAZARD AREA
Page 40/81
2. Weekly Field Reports. The geotechnical engineer shall monitor, during construction, compliance with the
recommendations in the geotechnical report including: site excavation, shoring, temporary erosion control, soil
support for foundation, piles, subdrainage installation, soil compaction and other geotechnical aspects of the
construction. Unless otherwise approved by the director, the specific recommendations contained in the
geotechnical report shall be implemented by the owner/applicant. Omissions or deviations from the approved
geotechnical report and civil plans shall be highlighted to the city in a separate report. All reports shall be
submitted to the city on a weekly basis for review. Failure to submit required reports may result in the issuance
of a stop work order.
3. Storm Events. During all work periods, special inspections shall be performed after "storm events" as
defined in ECDC 19.10.020(Q). The storm event report shall be provided within one week of the event.
D. Final Construction Report. The geotechnical engineer of record shall prepare a final written report to be
submitted to the building official stating that, based upon his or her professional opinion, site observations and final
site grading, the completed development substantially complies with the recommendations of the geotechnical report
and with all geotechnical-related permit requirements as shown on the approved plans.
"Substantially complies" means that the completed development offers at least the level of stability and safety, on
and off site, as was afforded by the original recommendations and report. Recommendations to the owner/applicant
shall be included in the report for future monitoring and maintenance of the property including drainage, tightlines,
catch basins, berms, retaining wall drainage, hazard mitigation improvements, slopes, bluffs, vegetation, and
permanent erosion control that affect slope stability over time. Occupancy of the residence shall not be granted until
the report has been reviewed and accepted by the building official. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1
(Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
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Chapter 19.15 MECHANICAL CODE AND FUEL GAS
CODE
Chapter 19.15
MECHANICAL CODE AND FUEL GAS CODE
Sections:
19.15.000
International Mechanical Code adopted.
19.15.005
Amendments.
19.15.010
International Fuel Gas Code adopted.
19.15.015
Repealed.
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19.15.000 International Mechanical Code adopted.
The International Mechanical Code (IMC), 2021 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. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A),
2013; Ord. 3796 § 3, 2010].
19.15.005 Amendments.
Chapter 1 is not adopted, except as provided for in ECDC 19.00.015. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1
(Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 3, 2010].
19.15.010 International Fuel Gas Code adopted.
The International Fuel Gas Code, 2021 Edition, published by the International Code Council, as amended by the
Washington State Building Code Council in Chapter 51-52 WAC inclusive ofNFPA 54 and 58, and as subsequently
amended by this chapter, is hereby adopted. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926
§ 1 (Exh. A), 2013; Ord. 3796 § 3, 2010].
19.15.015 Amendments.
Repealed by Ord. 3926. [Ord. 3796 § 3, 2010].
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Chapter 19.20 PLUMBING CODE
Chapter 19.20
PLUMBING CODE
Sections:
19.20.000 Uniform Plumbing Code adopted.
19.20.005 Amendments.
19.20.010 Evidence of potable water.
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19.20.000 Uniform Plumbing Code adopted.
The Uniform Plumbing Code (UPC), 2021 Edition, including Appendices A, B, I and M, 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. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Att. A),
2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 4, 2010].
19.20.005 Amendments.
A. Chapter 1 is not adopted, except as provided for in ECDC 19.00.015.
B. Chapter 12, Fuel piping, is deleted.
C. Chapter 14, Firestop protection, is deleted. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Att. A), 2016; Ord.
3926 § 1 (Exh. A), 2013; Ord. 3796 § 4, 2010].
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. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 4, 2010].
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Chapter 19.25 FIRE CODE
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 Fire protection systems.
19.25.036 Dwelling fire sprinkler systems and connection fees.
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.
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19.25.000 International Fire Code adopted.
Under the statutory authority of RCW 19.27.031 and 19.27.074, the International Fire Code (IFC), 2021 Edition, as
published by the International Code Council including amendments set forth in Chapter 51-54A WAC, and
subsequently revised by this chapter, is hereby adopted Appendices B, C, I, and L. [Ord. 4212 § 1 (Att. A), 2021;
Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 1, 2010].
19.25.005 Section amendments.
The following sections of the IFC have been added, amended, deleted or replaced as follows:
A. Section 102.5 Application of Residential Code. Adopted as originally set forth in IFC (notwithstanding revisions
thereto by the state building code council).
B. Section 103.1-.2 Department of Fire Prevention. Replaced by ECDC 19.25.010.
C. Section 104.8 Modifications. Replaced by ECDC 19.25.030.
D. 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 and hazardous conditions of this code
when requested by the fire marshal.
E. Section 105.1.1 Permits required. Replaced by ECDC 19.25.020.
F. Section 108 Board of appeals. Replaced by Chapter 19.80 ECDC.
G. Section 109.4 Violation Penalties. Replaced by ECDC 19.25.070.
H. Section 202, the definition of HIGH-RISE BUILDING, is amended to read:
HIGH-RISE BUILDING. A building with an occupied floor or rooftop located more than 75 feet (22,860 mm)
above the lowest level of fire department vehicle access.
I. Section 308.1.6.3 Sky Lanterns. Is amended to read:
It is unlawful for any person to sell, use, transfer, discharge or ignite any sky lantern within the city limits.
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Chapter 19.25 FIRE CODE
J. Section 503 Fire Apparatus Access Roads is hereby adopted and amended to read:
503.1 Scope.
Fire apparatus access roads shall be in accordance with this appendix and all other applicable requirements of the
International Fire Code (IFC.)
Section 503.1.1 is amended to read:
Authority. The fire code official shall have the authority to require an increase in the minimum access
widths where they are inadequate for fire or rescue operations, and the authority to decrease the minimum
access widths where other fire protection features are provided.
Section 503.1.2 is added and reads:
Defmition of FIRE APPARATUS ACCESS ROAD. A road that provides fire apparatus access from a fire
station to a facility, building or portion thereof. This is a general term inclusive of all other terms such as
fire lane, public street, private street, parking lot lane and access roadway.
503.2 Required.
Approved fire apparatus access roads shall be provided and maintained for every facility, building, or portion of
a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall
comply with the requirements of this Section and shall extend to within 200 feet of all portions of the facility and
all portions of the exterior walls of the first story of the building as measured by an approved route around the
exterior of the building or facility. Unless otherwise approved by the fire code official, fire apparatus access
shall extend to within 50 feet of the main entry of any multi -family residential building.
Parking lots, automobile sales lots, and outdoor storage areas, each with a capacity of 100 or more vehicles, shall
have a designated and approved fire apparatus access road circulating throughout the lot.
The fire code official is authorized to increase the dimensions where any of the following conditions occur:
EXCEPTIONS:
1. The fire code official is authorized to increase the dimension up to 300 feet where the building is
equipped throughout with an approved automatic sprinkler system installed in accordance with IFC
Sections 903.3.1.1, 903.3.1.2, or 903.3.1.3 and approved by the fire code official.
2. When fire apparatus roads cannot be installed because of property locations, topography, waterways,
non-negotiable grades or other similar conditions, an approved alternative means of fire protection may
be proposed to be evaluated by the fire code official.
503.3 High Piled Storage.
Fire department vehicle access to buildings used for high -piled combustible storage shall comply with the
applicable provisions of IFC Chapter 32.
503.4 Additional Access.
The fire code official is authorized to require two separate and approved fire apparatus access roads in
accordance with Subsection 503.4 through 503.4.4. Where two fire apparatus access roads are required, the
access roads shall comply with Subsection 503.4.5.
503.4.1 Potential Impairment.
Projects that have the potential for impairment of a single road by vehicle congestion, condition of terrain,
climatic conditions or other factors that could limit access shall be provided with two separate and
approved fire apparatus access roads.
503.4.2 Commercial and Industrial Developments.
Commercial and industrial developments shall have not fewer than two means of approved fire apparatus
access roads where any of the following exist.
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1. Where the vertical distance between the grade plane and the highest roof surface exceeds 30 feet. For
purposes of this section the highest roof surface shall be determined by measurements to the eave of a
pitched roof, the intersection of the roof to the exterior wall, or to the top of parapet walls, whichever is
greater.
2. Buildings or facilities having a gross building area of more than 62,000 square feet.
503.4.3 Multiple -Family Residential Developments.
Multiple -family residential projects having more than 100 dwelling units shall be provided throughout with
two separate and approved fire apparatus access roads unless otherwise approved by the fire code official.
EXCEPTION:
1. Projects having up to 200 dwelling units shall have not fewer than one approved fire apparatus access
road where all buildings, including nonresidential occupancies, are equipped throughout with an
approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2. If
more than 200 dwelling units, the project shall be provided with two separate and approved fire
apparatus access roads regardless of whether they are equipped with an approved automatic sprinkler
system.
503.4.4 One- Or Two -Family Residential Developments.
Developments of one- or two-family dwellings where the number of dwelling units exceeds 30 shall be
provided with two separate and approved fire apparatus access roads.
EXCEPTIONS:
1. Where there are more than 30 dwelling units on a single public or private fire apparatus access road and
all dwelling units are equipped throughout with an approved automatic sprinkler system in accordance
with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3, access from two directions shall not be required.
2. The number of dwelling units on a single fire apparatus access road shall not be increased unless fire
apparatus access roads will connect with future development, as determined by the fire code official.
503.4.5 Remoteness.
Where two fire apparatus access roads are required, they shall be placed a distance apart equal to and not
less than one-half of the length of the maximum overall diagonal dimension of the property or area to be
served, measured in a straight line between accesses.
503.5 Specifications.
All fire apparatus access roads shall comply with the minimum specifications found within this Section. The
fire code official shall have the authority to require or allow modifications to the required access specifications
where they are inadequate for fire or rescue operations or where necessary to meet the public safety objectives of
the jurisdiction.
The fire code official shall have the authority to decrease the minimum access widths where other fire protection
features are provided.
503.5.1 Dimensions.
Fire apparatus access roads shall have an unobstructed width of 20 feet. Aerial fire apparatus access roads
shall have a minimum unobstructed width of 26 feet.
503.5.2 Dead -End Roads.
Dead-end fire apparatus roads in excess of 200 feet shall be provided with a turnaround in accordance with
Figure D1.
503.5.3 Vertical Clearance.
Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches.
503.5.4 Surface.
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Fire apparatus access roads shall be designed, constructed, and maintained to support the imposed loads of
not less than 75,000 pounds and 45,000 pounds point loads. Fire apparatus access roads shall be
constructed of asphalt, concrete, or other approved all-weather driving surfaces.
503.5.5 Turning Radius.
The required turning radius of a fire apparatus access road shall have a 25-foot minimum inside turning
radius and a 45-foot minimum outside turning radius.
For all arterial streets, corner design should strive for an actual curb radius that is no more than 20 feet. A
variety of strategies can be employed to minimize the actual curb radius:
• On low volume two-lane streets, corner design should assume that a large vehicle will use the entire
width of the departing and receiving travel lanes, including the oncoming traffic lane.
• At signalized intersections, corner design should assume the large vehicle will use the entire width of
the receiving lanes on the intersecting street.
• At signalized intersections where additional space is needed to accommodate turning vehicles,
consideration can be given to recessing the stop line on the receiving street to enable the vehicle to use a
portion of or the entire width of the receiving roadway (encroaching on the opposing travel lane).
Recessing the stop bar should be balanced with signal operations.
• On principal arterials where the City would anticipate frequent larger vehicle turning movements, a
radius evaluation based on a larger vehicle would be required but shall not exceed 30' without Public
Works Director approval.
503.5.6 Grade.
Unless otherwise approved, the grade of the fire apparatus access road shall not exceed fourteen percent
(14%) and the cross slope of the road section or within a turnaround area shall not exceed five percent
(5%). Grades exceeding twelve percent (12%) shall require additional fire protection features.
503.5.7 Angles of Approach and Departure.
The angles of approach and departure for fire apparatus access roads shall not exceed a five percent (5%)
change along any 10- foot section.
503.5.8 Maintenance of Fire Apparatus Access Roads.
503.5.8.1 Markings.
Where parking is prohibited, the fire apparatus access road shall be provided with approved
markings in accordance with Section 503.8.
503.5.9 Bridges and Elevated Surfaces.
Where a bridge, utility vault, or an elevated surface is part of a fire apparatus access road, the bridge, utility
vault, or elevated surface shall be constructed and maintained in accordance with specifications established by
the fire code official and the city engineer, or their designees. At a minimum, the bridge or elevated surface
shall be constructed and maintained in accordance with AASHTO Standard Specifications for Highway Bridges
Bridges, vaults, and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of a
30-ton or greater fire apparatus, the total imposed load to be determined by the fire code official. Vehicle load
limits shall be posted at both entrances to bridges when required by the fire code official. If required by the fire
code official, where elevated surfaces designed for emergency vehicle use are adjacent to surfaces that are not
designed for the use, approved barriers, or approved signs, or both, shall be installed and maintained.
FIGURE D1
DEAD-END FIRE APPARATUS ACCESS ROAD TURNAROUND
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Chapter 19.25 FIRE CODE
28' R
TYP.'
7(Y
20'_
20'
rjKY
-J-J
20'
28' R
TYP'
r- 26'
ACCEPTABLE ALTERNATIVE 120' HAMMERHEAD
TO 120' HAMMERHEAD
503.6 Aerial Fire Apparatus Access Roads
96'
28'
96' DIAMETER
CUL-DE-SAC
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R
60•FOOT 'Y'
503.6.1 Where Required.
Where the vertical distance between the grade plan and the highest roof surface exceeds 30 feet, approved
aerial fire apparatus access roads shall be provided. For the purposes of this Section, the highest roof
surface shall be determined by measurements to the eave of a pitched roof, the intersection of the roof to
the exterior wall, or the top of parapet walls, whichever is greater.
503.6.2 Two Access Roads.
Buildings that require aerial fire apparatus access roads shall be provided with two separate and approved
fire apparatus access roads complying with subsections 503.4 and 503.5 or as otherwise approved by the
fire code official.
503.6.3 Proximity to Building.
One or more of the required access routes meeting this condition shall be located not less than 15 feet and
not greater than 30 feet from the building and shall be positioned parallel to one entire side of the building.
The side of the building on which the aerial fire apparatus access road is positioned shall be approved by
the fire code official.
503.6.4 Obstructions.
Overhead utility and power lines shall not be located over the aerial fire apparatus access road or between
the aerial fire apparatus road and the building. Other obstructions shall be permitted to be placed with the
approval of the fire code official.
503.7 Gates and Bollards.
Gates and bollards securing a fire department access road are subject to permit approval by the fire code official
and shall comply with all criteria found in this Section.
503.7.1 Gates.
All gates shall be installed and maintained in accordance with Section 503.7.2 through 503.7.6 and any
other provision found in other codes or ordinances for the City of Edmonds. Gates across required fire
access shall be automatic gates. Additional access gates may be manual gates.
503.7.2 Width.
All gates shall have a minimum unobstructed width of 20 feet.
503.7.3 Types of Gates.
Gates shall be of the swinging or sliding type. Chain gates or cable gates shall not be allowed.
503.7.4 Manually Operated Gates.
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All manually operated gates shall be designed to remain in the open position when left unattended.
Manual gates shall be provided with an approved method for emergency access complying with one of the
following:
1. High security padlock (Knox brand) as approved by the fire code official.
2. Installation of a Knox rapid access key box containing the gate key. Where a key box is used, it shall be
installed on a gate support pillar or post adjacent to the gate. The box must always be visible to anyone
approaching the gate.
503.7.5 Electronically Operated Gates.
Gates electronically controlled shall have both a fire department override key switch (Knox brand) and an
automatic traffic control activation strobe light sensor (Tomar brand or equivalent) complying with
subsections 503.7.5.1 through 503.7.5.2
503.7.5.1 Override Key Switch.
Activation of an approved key switch shall open the gate/gates to the fully open position within 10
seconds and remain in the open position until reset by fire department personnel.
503.7.5.2 Automatic Traffic Control -Activation Strobe Sensors.
Approved automatic traffic control -activating strobe light sensors shall be capable of detecting
emergency vehicle pulsing strobe lights (Tomar, Opticom or other compatible sensor) from any
direction of vehicle approach (interior and exterior), overriding all commands, and opening the
gate(s). In the event of a power failure, including battery backup, the gate(s) shall automatically open
by spring tension or other non -electrical methods, or the gate must be capable of being pushed open
without additional steps having to be performed.
503.7.6 Maintenance.
Gate components shall be maintained in an operative condition at all times and replaced or repaired when
defective.
503.7.7 Bollards.
All bollards shall be installed and maintained in accordance with Section 503.7 and Subsections 503.7.7.1
through 503.7.7.5 and any other provisions found in other codes or ordinances for the City of Edmonds.
503.7.7.1 Type.
Bollards, when used to limit access to a fire department access roadway or fire lane, shall be
collapsible or fold down types.
EXCEPTION:
1. Other types of bollards may be approved on a case -by -case basis by the fire code official.
503.7.7.2 Locks.
Bollards shall be locked using a Knox pad lock. External frangible/breakable padlocks capable of
being removed by a forcible entry tool may be approved by the fire code official.
503.7.7.3 Dimensions.
Bollards shall be a minimum of 2 inches in thickness and a minimum of 6 inches in width, with a
height of 30 to 48 inches. When the bollard is in its collapsed or folded position it shall have a
clearance not higher than 3.5 inches.
503.7.7.4 Color.
Bollards shall be yellow in color unless otherwise approved by the fire code official.
503.7.7.5 Maintenance.
Bollards shall be in an operative condition at all times and replaced or repaired when defective.
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503.8 Markings.
Fire apparatus access roads shall be marked whenever necessary to maintain the unobstructed minimum required
width of roadways. Subject to the fire code official's approval, marked fire apparatus access roads, or "fire
lanes" as defined within this code, may be established, or relocated at the time of plan review, pre -construction
site inspection and/or post -construction site inspection, as well as any time during the life of the occupancy.
Fire lanes shall be approved by the fire code official with the markings indicated in this Section.
503.8.1 Curb Markings and/or Pavement.
Fire apparatus access roads established by the fire code official shall be indicated by curb and/or pavement
markings in accordance with 503.8.1.1 and 503.8.1.2. Yellow pavement striping directly in front of the
curb is an acceptable alternative to painted curbs.
503.8.1.1 Yellow Curbs.
Curbs and/or pavement shall be identified by yellow traffic paint and the striping method shall
comply with the following:
1. Fire lane markings shall be identified with 4-inch wide yellow stripe on the pavement, extending
the length of the designated fire lane.
2. Squared curbs shall be provided with a 4-inch wide stripe on the top and front, extending the
length of the designated fire lane.
3. Rolled curbs shall be provided with a 4-inch wide stripe on the curb, extending the length of the
designated fire lane.
4. Only those fire apparatus access roads established by the fire code official can utilize yellow
marking paint with the term "fire lane."
503.8.1.2 Lettering on Curbs and/or Pavement.
In addition to curbs and pavement being identified in yellow traffic paint, there shall also be "FIRE
LANE — NO PARKING" complying with the following:
Pavement fire lane lettering:
1. Pavement stencil shall be a minimum of 12 inches tall, yellow, "FIRE LANE — NO PARKING"
with thick font lettering for clear and easy reading.
2. Pavement Stencil shall be positioned as to be legible from the fire lane side of the fire lane
stripping and placed parallel to the fire lane stripping.
3. Pavement stencil shall be spaced every 30' feet and alternate with the opposite side of fire lane
lettering.
4. When a fire hydrant is present, the stencil shall be centered directly in front of the hydrant.
Curb fire lane lettering:
1. Curb stencils shall be centered on curb face between fire lane signs when required.
2. Curb stencils shall be red in color.
3. When a fire hydrant is present, the stencil shall be centered directly in front of the hydrant.
4. Stenciling shall be spaced evenly between "NO PARKING" signs with a distance between
stenciling of no greater than 75 feet.
503.8.2 Signs.
Where approved by the fire code official, "FIRE LANE — NO PARKING" signs may be used in addition
to, or in lieu of, painted pavement or curbs. Fire apparatus access roads established by the fire code
official that require signage shall be indicated with approved signs in accordance with 503.8.2.1 and
503.8.2.2.
503.8.2.1 Specifications.
Fire apparatus access road markings shall include the addition of metal signs complying with the
following:
1. Metal construction 12 inches wide by 18 inches high.
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2. Red letters on a white reflective background.
3. Sign shall read "NO PARKING — FIRE LANE — TOW AWAY ZONE."
4. The letters indicating "NO PARKING" and "FIRE LANE" shall be no less than 2 inches in height.
5. The letters indicating "TOW AWAY ZONE" shall be no less than 1 inch in height.
503.8.2.2 Sign Placement.
Placement of `NO PARKING — FIRE LANE — TOW AWAY ZONE" signs shall comply with the
following:
1. When the total length of the restricted area is less than 75 feet, a minimum of one sign is required
to be placed in the center of the area.
2. In restricted areas with a total length greater than 75 feet, a minimum of two signs are required
with the first being located at the beginning of the restricted area with an arrow pointing towards
the restricted area and the second located at the end of the restricted area with an arrow pointing
back into the restricted area.
3. Additional signs are required to comply with a maximum distance between signs of no greater
than 75 feet.
503.8.3 Alternative Fire Lane Paving Markings.
Fire apparatus access roads and/or turnarounds that use paving systems that allow grass to grow in between
structural elements that support a fire truck shall be approved by the fire code official.
503.8.3.1 Curbing.
Where curbing is used as a border for alternative fire lane surfaces, marking shall be as approved by
the fire code official.
503.8.3.2 Signs.
Where alternative fire lane surfaces are used, signage shall be installed as required by the fire code
official. The fire lane signs shall comply with the following:
1. Metal construction 12 inches wide by 18 inches high.
2. Red letters on a white reflective background.
3. Sign shall read "FIRE LANE" and have a symbol of a fire apparatus with a green bar beneath it.
4. The symbol of the fire apparatus with the green bar beneath it shall take up no less than 2/3 of the
sign space.
503.8.4 Alternative Materials and Methods.
The fire code official may modify, on a case -by -case basis, any of the marking provisions in this section
where practical difficulties exist. Modification requests with proposed alternatives shall be submitted in
writing to the fire code official.
503.9 Obstructions and Traffic Calming Devices.
503.9.1 Obstructions.
Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles.
503.9.2 Traffic Calming Devices.
Traffic calming devices shall be prohibited unless approved by the fire code official.
K. Section 504.1 Required access, is amended to read:
Exterior doors and openings required by this code or the International Building Code, including exterior doors
and openings facing interior courtyards, shall be maintained readily accessible for emergency access by the fire
department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be
provided where required by the fire code official. New buildings with enclosed interior courtyards shall have a
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straight and direct access corridor or stairway from the exterior to the courtyard at a location approved by the
fire code official. If a stairway is used it shall comply with International Fire Code Section 1011 and a corridor
shall comply with International Fire Code Section 1020. The access shall have a minimum width of 4 feet,
unless otherwise approved by the fire code official, and be large enough to carry a 20 foot long folded sectional
ladder directly from the exterior to the courtyard without obstructions. The access door shall be marked at the
street as "Direct access to courtyard".
L. Section 505.1 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.
EXCEPTION:
1. Structures built in accordance with the International Residential Code.
M. Section 507.5.1.1 Hydrant for standpipe systems, is amended to read:
Fire hydrants for sprinkler and standpipe systems. Buildings equipped with a Fire Department Connection
(FDC) shall have a fire hydrant within 50 feet or as approved by the fire code official.
N. Section 901.4.6.1 Access, is amended to read:
Automatic sprinkler system risers, fire pumps and controllers shall be provided with ready access. Sprinkler
riser rooms shall be located on an outside wall at grade, with direct exterior access. This room shall contain
sprinkler control valves, sprinkler backflow assembly (unless prohibited by the water purveyor), fire pump and
associated components and the fire alarm control panel(s). Such rooms shall be of a size that will allow a
minimum of 36-inch clearance around all portions of the fire pump assembly and in front of the fire alarm
panel(s). All risers shall have a minimum of 36" clear space at the front and 18" on the remaining sides. All
drains are to be plumbed to the exterior of the building. No other uses or utilities shall be allowed in this room.
Where located in a fire pump room or automatic sprinkler system riser room, the door shall be permitted to be
locked provided that the key is available at all times.
O. Section 901.6.3.1 Records information, is amended to read:
Initial records shall include the name of the installation contractor, type of components installed, manufacturer
of the components, location and number of components installed per floor. Records shall include the
manufacturer's operation and maintenance instruction manuals. Such records shall be maintained for the life of
the installation. Annual confidence test reports for fire alarm and sprinkler systems and semi-annual inspection
test reports for commercial hood suppression systems shall be submitted to the Department of Fire Prevention
by the method approved by the fire code official within 14 days of the test/inspection date.
P. Section 903.2 is amended to read:
Where Required. Approved automatic fire sprinkler systems in new and existing buildings and structures shall
be provided in the locations listed in sections 903.2.1 through 903.2.13.
Q. Section 903.2.13 is added.
Automatic fire sprinkler systems shall be provided as required by ECDC 19.25.035A.
R. Section 903.3.7 is amended to read:
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Fire department connections shall be installed in accordance with Section 912 and ECDC 19.25.035C.
S. Section 907.2 is amended to read:
Where required — New and existing buildings and structures. An approved fire alarm system installed in
accordance with this code and NFPA 72 shall be provided in Sections 907.2.1 through 907.2.24 and provide
occupant notification in accordance with Section 907.5, unless other requirements are provided by another
section of this code.
T. Section 907.2.24 is added.
Fire alarm and detection system shall be provided as required by ECDC 19.25.035D.
U. Section 2303.2, Emergency disconnect switches, is amended to read:
An approved emergency disconnect switch shall be provided at an approved location to stop the transfer of fuel
to the fuel dispensers in the event of a fuel spill or other emergency. The emergency disconnect switch for
exterior fuel dispensers shall be provided with ready access and shall be located within 100 feet (30,480 mm)
of, but not less than 20 feet (6,096 mm) from, the fuel dispensers. For interior fuel -dispensing operations, the
emergency disconnect switch shall be provided with ready access and be installed at an approved location. Such
devices shall be distinctly labeled as: EMERGENCY FUEL SHUTOFF. Emergency controls shall have an
approved means of signage and illumination.
V. Chapter 36, Marinas. Replaced in entirety by Chapter 19.65 ECDC.
W. Section 5601.1.3 Fireworks. Replaced by Chapter 5.27 ECC.
X. Sections 5704.2.9.6.1 (outside) and 5706.2.4.4 (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.
Y. Section 6104.2 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.
[Ord. 4212 § 1 (Att. A), 2021; Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A),
2013; Ord. 3798 § 1, 2010].
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 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. An annual report shall be provided to the mayor containing proceedings under this code, with other statistics as
the fire chief and mayor wish to include. The fire marshal may also recommend any changes to the code. [Ord. 4212
§ 1 (Att. A), 2021; Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord.
3798 § 1, 2010].
19.25.015 Definitions.
A. Whenever the term "fire code official" is used in the IFC, it shall mean the fire marshal or chief of fire
prevention.
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.
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D. Whenever the term "police" is used in the IFC, it shall mean the city of Edmonds police department. [Ord. 4212 §
1 (Att. A), 2021; Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord.
3798 § 1, 2010].
19.25.020 Permits.
A. Operational permits required under the city's fire code and regulated by the city shall be issued by the fire
marshal. The application for the 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. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4111 § 1
(Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 1, 2010].
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 fire marshal and fire inspector.
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,
adult entertainment facility licenses issued pursuant to Chapter 4.52 ECC, business licenses issued pursuant to
Chapter 4.72 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. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 §
1 (Exh. A), 2013; Ord. 3798 § 1, 2010].
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 may appeal from the decision of the fire marshal to the hearings
examiner. Such appeals shall be governed by the procedures set forth in Chapter 19.80 ECDC. [Ord. 4212 § 1 (Att.
A), 2021; Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 1,
2010].
19.25.035 Fire protection systems.
A. Automatic Fire Sprinklers. In addition to the requirements of IFC Section 903.2, an approved automatic fire
sprinkler system shall be installed and maintained throughout all buildings, structures, floors, and suites described in
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this section. If conflicts exist between the IFC and this section, this section shall prevail. All sprinklers shall be
installed per the applicable NFPA fire sprinkler standard. For the purposes of this section, spaces separated by fire
walls, fire barriers, fire partitions and fire -resistance -rated horizontal assemblies noted in Chapter 7 IBC shall not be
considered to be separate buildings or fire areas. Partial area automatic sprinkler systems are prohibited except
where approved by the fire code official.
1. In all new buildings and structures with a fire area of 5,000 or greater square feet, regardless of type or use.
2. In existing buildings, structures, or suites that undergo an addition where the new total fire area is 5,000
square feet or greater.
3. When required by the International Existing Building Code (IEBC) for existing buildings and structures
undergoing additions, alteration, repairs, or changes of occupancy and exceeding 5,000 square feet in fire area.
The classification of work level shall be determined by the building and fire code official. Changes of
occupancy resulting in an equal or lesser hazard category shall not require sprinklers where approved by the
fire code official.
4. In existing buildings, structures, or suites having an existing automatic fire sprinkler system that does not
protect all areas, when the unprotected areas undergo an alteration, repair, modification, or similar
improvement requiring a building permit, those unprotected areas shall be provided with protection as approved
by the fire code official.
5. Where required fire access road grade is 12 percent or greater.
6. When adequate fire protection is not available for vehicles parked in an open-air parking garage from fire
apparatus at street level, approved dry standpipes shall be installed.
7. One- and two-family dwellings and townhouses constructed under the International Residential Code shall
be provided with automatic fire sprinkler systems where required by ECDC 19.05.020.
8. Existing sprinkler deficiencies including piping without adequate seismic bracing, hangers, painted heads,
inadequate sprinkler coverage, etc. shall be corrected whenever the sprinkler system is modified. The area of
these upgrades shall be throughout the area of sprinkler modification.
9. Sprinkler protection for RI and R2 occupancies shall be provided to all exterior balconies, decks, exterior
egress paths, and ground floor patios provided there is a roof or deck above. Sidewall sprinklers that are used to
protect such areas shall be permitted to be located such that their deflectors are with 1 inch to 6 inches below
the structural members and a maximum distance of 14 inches below the deck of the exterior balconies and
decks that are constructed of open wood joist construction.
10. Sprinkler protection shall be extended to combustible attic(s) of R1 and R2 occupancies greater than three
floors in height.
11. All "M", "S" and "H" Occupancy (as defined by the IBC) canopies and overhangs that exceed 4 feet in
width shall be provided with fire sprinklers regardless of construction type.
Exposed insulation located above sprinkler heads shall be supported by a minimum 24 inch x 24 inch non-
combustible wire mesh.
Service providers hired by the building owner are responsible for electronically submitting completed annual
confidence test reports of fire alarm systems, sprinkler systems, fire pumps, suppression systems, and
standpipes to the appropriate fire prevention offices' online reporting system within 14 days of the completed
inspection.
B. Sprinkler Riser Rooms.
1. Sprinkler riser rooms for NFPA 13 and 13R systems shall be located on an outside wall at grade or as approved
by the fire code official.
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2. The riser room shall contain all sprinkler control valves, backflow assembly (unless prohibited by the water
purveyor), fire pump, if provided, and the fire alarm control panel(s). No other uses or utilities including storage
shall be allowed in the riser room.
3. Riser rooms shall be of a size that will allow a minimum of 36" clearance along the front of all riser(s) and
equipment and a minimum of at least 18" on the three remaining sides of all sprinkler risers, pumps and
appurtenances
4. Major building remodels or square footage increases may elicit the need to construct an exterior accessible riser
room if not previously existing as approved by the fire code official.
5. An all-weather RED placard with 2" white lettering reading "FIRE SPRINKLER CONTROL ROOM" shall be
permanently affixed to the EXTERIOR of the riser room door at a height of 72", or at a location approved by the fire
code official.
6. An all-weather red placard with 2" white lettering reading "NO STORAGE" shall be permanently affixed to the
EXTERIOR of the riser room directly below the "FIRE SPRINKLER CONTROL ROOM" sign.
7. An all-weather RED placard with 2" white lettering reading "NO STORAGE ALLOWED" shall be permanently
affixed to at least one INTERIOR wall of the riser room in a readily visible location.
8. A Knox brand box shall be installed on the exterior of the riser room door and at the main entrance to all
buildings in accordance with SCF's Emergency Access Standard. The box shall be installed at a height of 60-72".
Boxes are available at www.knoxbox.com.
9. Riser rooms shall be provided with map(s) showing what areas of the building are covered by the system(s).
These map(s) shall indicate the building layout, location of all sprinkler zones, standpipe outlets, control valves,
water -flow alarm devices, and remote drains. All maps shall be legible, easily understood, laminated and
permanently attached to the wall in the riser room.
C. Fire Department Connection (FDC).
1. FDC's shall be installed remote from the building, out of the collapse zone, in an approved location along a
public street or fire apparatus access road and located between 3 feet and 50 feet from a fire hydrant or as
approved by the fire code official.
Exception: In the downtown core, where a building fronts a public sidewalk, FDC's shall be on the face of the
building.
2. FDC's shall be installed in accordance with the applicable IFC provisions and NFPA standards..
3. FDC's shall be equipped with a 4" Storz adapter, Knox locking cap and a 30/120-degree downturn fitting.
4. FDC's shall be painted red and labeled with the building address. Partial systems shall indicate the area
covered by the system.
5. FDC's shall be provided with additional signage as required by NFPA 13.
6. FDC's shall be provided with an approved placard indicating the required pressure to be delivered and what
type of system(s) they serve.
D. Fire Alarms and Detection Systems. In addition to the requirements of IFC Section 907.2, an approved,
monitored automatic fire alarm system shall be installed and maintained throughout all buildings, structures, floors,
and suites described in this section. If conflicts exist between the IFC and this section, this section shall prevail. Fire
alarm systems shall be installed per the IFC and NFPA 72 National Fire Alarm and Signaling Code. Partial area fire
alarm systems are prohibited except where approved by the fire code official.
Exception: Structures regulated by the International Residential Code.
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1. In all new buildings and structures with a fire area of 3,000 or greater square feet, regardless of type or use.
2. In existing buildings and structures that undergo an addition where the new total fire area is 3,000 square feet
or greater.
3. When required by the International Existing Building Code (IEBC) for existing buildings and structures
undergoing additions, alterations, repairs or changes of occupancy and exceeding 3,000 square feet in fire area.
The classification of work level shall be determined by the building and fire code official. Changes of
occupancy resulting in an equal or lesser hazard category shall not require fire alarms where approved by the
fire code official.
4. Where an existing building or suite provided with a fire alarm system, fire detection system, or supervised
sprinkler system undergoes an alteration, repair, modification, change of use or occupancy, or where a fire
alarm control panel is installed, replaced or upgraded, all fire alarm initiation and notification devices located
within the entire building shall be required to meet both the currently adopted IFC and NFPA 72 National Fire
Alarm and Signaling Code unless otherwise approved by the fire code official.
5. In existing buildings, structures, suites, or areas that undergo additions, alterations, repair or modification
that have fire sprinkler protection and lack a fire alarm system.
The installation, upgrade, or replacement of an existing Fire Alarm Control Panel (FACP) shall require that all fire
alarm system components meet both the currently adopted IFC and NFPA 72 National Fire Alarm and Signaling
Code. Exception: FACP replacement of the same make and model as the existing panel.
Systems and their components shall be listed and approved for the purpose for which they are installed. All new
alarm systems shall be addressable, and each device shall have its own address and shall annunciate individual
addresses to an approved central station. All new FACP's shall be installed in the fire riser room and have signage
stating "Fire Alarm" or "Fire Alarm Control Panel" affixed to the outside of the door. Signs shall be Red, with 2
inch white letters.
All means of communication between the FACP and the central station shall be of a method approved by the fire
code official and be provided with a minimum of 24 hours' standby power. Only components that are serviceable by
a fire alarm technician shall be part of the means of communication located on the protected premises. The fire code
official shall maintain a list of approved communication means.
Detection shall be provided in all RI and R2 occupancy buildings with common hallways and at the top of stairways
unless otherwise approved by the fire code official.
FACP's shall be provided with an approved Knox key box for access.
Duct smoke detectors shall be connected to the FACP and report as a supervisory signal.
At least one audio/visual notification device shall be installed on the exterior of the building facing fire department
arrival. One visual notification device shall be required to be located at the exterior entrance to a fire alarm control
panel room as approved by the fire code official.
Testing Maintenance. Service providers hired by the building owner are responsible for electronically submitting
completed annual confidence test reports of fire alarm systems, sprinkler systems, fire pumps, suppression systems,
and standpipes to the appropriate fire prevention offices' online reporting system within 14 days of the completed
inspection.
E. Systems Out of Service. For the first 48 hours, the owner may provide a competent adult to serve as a fire watch.
After the initial 48 hours, the fire watch must be provided by a licensed and bonded private security company until
the system is returned to full service. The owner must furnish the fire marshal with the name and contact
information of the competent adult and/or security company within eight hours of implementing a fire watch. Fire
watch must comply with SCF's fire watch standard. [Ord. 4212 § 1 (Art. A), 2021; Ord. 4111 § 1 (Exh. 1), 2018;
Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 1, 2010].
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19.25.036 Dwelling fire sprinkler systems and connection fees.
A. Where dwelling fire sprinkler systems are required to be installed in a dwelling (building containing one or two
dwelling units) constructed under the International Residential Code (IRC), a single water connection may provide
fire protection and domestic services through combination water lines utilizing an integrated fire and plumbing flow -
through piping system described in IRC Appendix U (WAC 51-51-60105).
B. Automatic sprinkler systems installed pursuant to subsection (A) of this section shall not be subject to the cost
differential from general facility charges for connection to the public water system when an up -sized meter is
required to meet the design flow rate for, and is solely attributable to, the installation of the automatic sprinkler
system. Refer to ECC 7.30.035 for specific requirements.
C. When automatic sprinkler systems designed for life safety and installed pursuant to subsection (A) of this section
are integrated and dependent upon the domestic water supply of the residential dwelling unit, the property owner
shall be responsible for maintaining the service connection and paying for an adequate supply of water to the
residential dwelling unit. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016;
Ord. 3926 § 1 (Exh. A), 2013; Ord. 3819 § 3, 2010].
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. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016;
Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 1, 2010].
19.25.045 Charges for water mains and hydrants.
A. 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. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1
(Exh. A), 2013; Ord. 3798 § 1, 2010].
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
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water mains conforming to applicable city standards and plans. [Ord. 4212 § 1 (Art. A), 2021; Ord. 4111 § 1 (Exh.
1), 2018; Ord. 4029 § 1 (Art. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 1, 2010].
19.25.055 Location of public hydrants.
A. Public hydrants are those owned by the city.
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 one- and two-family residential use, public hydrants shall have a maximum lateral spacing of
600 feet with no lot or parcel in excess of 300 feet from a fire hydrant.
D. In areas other than one- and two-family residential, public fire hydrants shall have a maximum lateral spacing of
300 feet with no structure in excess of 150 feet from a fire hydrant. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4111 § 1
(Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 1, 2010].
19.25.060 Location of private hydrants.
A. A private hydrant is privately owned, but is subject to use by 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 one- and two-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. One- and
two-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 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. [Ord. 4212 § 1 (Art. A), 2021; Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A),
2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 1, 2010].
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, and 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.
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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. [Ord. 4212 §
1 (Att. A), 2021; Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord.
3798 § 1, 2010].
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. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4111 § 1 (Exh. 1), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1
(Exh. A), 2013; Ord. 3798 § 1, 2010].
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Chapter 19.30 ENERGY CODE
Chapter 19.30
ENERGY CODE
Page 60/81
Sections:
19.30.000 State Energy Code adopted.
19.30.000 State Energy Code adopted.
The Washington State Energy Code, 2021 Edition, as adopted and amended by the Washington State Building Code
Council in Chapters 5 1 -11 C and 5 1 -11 R WAC, is hereby adopted. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1
(Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 5, 2010].
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Chapter 19.35 INTERNATIONAL SWIMMING POOL
AND SPA CODE
Chapter 19.35
INTERNATIONAL SWIMMING POOL AND SPA CODE
Sections:
19.35.000 International Swimming Pool and Spa Code adopted.
19.35.000 International Swimming Pool and Spa Code adopted.
The International Swimming Pool and Spa Code, 2021 Edition, published by the International Code Council, is
hereby adopted. The design and construction of swimming pools, spas and other aquatic recreation facilities shall
comply with the ISPSC, where the facility is one of the following, except that public swimming pool barriers are
regulated by WAC 246-260-031(4):
A. For the sole use of residents and invited guests at a single-family dwelling;
B. For the sole use of residents and invited guests of a duplex owned by the residents; or
C. Operated exclusively for physical therapy or rehabilitation and under the supervision of a licensed medical
practitioner.
All other "water recreation facilities" as defined in RCW 70.90.110 are regulated under Chapters 246-260 and 246-
262 WAC. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Att. A), 2016]
19.35.010 Chapter 1 not adopted.
Chapter 1 is not adopted, except as provided for in ECDC 19.00.015.
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Edmonds
Chapter 19.40 INTERNATIONAL PROPERTY
MAINTENANCE CODE
Chapter 19.40
INTERNATIONAL PROPERTY MAINTENANCE CODE
Sections:
19.40.000 International Property Maintenance Code adopted.
19.40.005 Amendments.
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19.40.000 International Property Maintenance Code adopted.
The International Property Maintenance Code, 2021 Edition, published by the International Code Council, is hereby
adopted. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 6,
2010].
19.40.005 Amendments.
A. Section 102.3, Application of other codes, is amended to read:
Repairs, additions or alterations to a structure, or changes of occupancy shall be done in accordance with the
procedures and provisions of the codes listed in ECDC 19.00.005. Nothing in this code shall be construed to
cancel, modify or set aside any provision of the ECDC.
B. Section 109, 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 111.2, Closing of vacant structures, 111.4, Notice, 111.7, Placarding, 111.8, Prohibited occupancy,
111.9, Restoration or Abatement, are deleted and replaced by the provisions of Chapter 20.110 ECDC.
D. Section 107, Means of Appeal, is deleted and replaced by ECDC 20.110.040(C).
E. Section 302 is deleted.
F. Section 303 is deleted.
G. Section 308 is deleted.
H. Section 309 is deleted. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A),
2013; Ord. 3796 § 6, 2010].
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Chapter 19.45 INTERNATIONAL CODE COUNCIL
PERFORMANCE CODE
Chapter 19.45
INTERNATIONAL CODE COUNCIL PERFORMANCE CODE
Sections:
19.45.000 International Code Council Performance Code adopted.
19.45.000 International Code Council Performance Code adopted.
The International Code Council Performance Code, 2021 Edition, published by the International Code Council, is
hereby adopted. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord.
3796 § 7, 2010].
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Edmonds
Chapter 19.50 INTERNATIONAL EXISTING
BUILDING CODE
Chapter 19.50
INTERNATIONAL EXISTING BUILDING CODE
Page 64/81
Sections:
19.50.000 International Existing Building Code adopted.
19.50.000 International Existing Building Code adopted.
The International Existing Building Code, 2021 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. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A),
2013; Ord. 3796 § 8, 2010].
19.50.010 Chapter 1 not adopted.
Chapter 1 is not adopted, except as provided for in ECDC 19.00.015.
Chapter 19.52
INTERNATIONAL WILDLAND URBAN INTERFACE CODE
Sections:
19.52.000 International Wildland Urban Interface Code adopted.
19.52.000 International Wildland Urban Interface Code adopted.
The International Wildland Urban Interface Code, 2021 Edition, published by the International Code Council, as
amended by the Washington State Building Code Council in Chapter 51-55 WAC, and as subsequently amended by
this chapter, is hereby adopted.
19.52.010 Chapter 1 not adopted.
Chapter 1 is not adopted, except as provided for in ECDC 19.00.015.
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Chapter 19.55 ELECTRICAL CODE
Chapter 19.55
ELECTRICAL CODE
Sections:
19.55.000 National Electrical Code adopted.
19.55.005 When code effective.
19.55.010 Nonliability.
19.55.015 Conflicts — How resolved.
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19.55.000 National Electrical Code adopted.
Under the statutory authority of RCW 35A.70.050 and 19.28.141, the city of Edmonds may enforce the same
permitting and inspection standards applicable to basic electrical work as are enforced by the Department of Labor
and Industries, including but not limited to the version of the National Electrical Code that the Department of Labor
and Industries has most recently adopted by rule. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord.
3796 § 9, 2010; Ord. 3651 § 1, 2007].
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. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 §
9, 2010; Ord. 3651 § 1, 2007].
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. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord.
3796 § 9, 2010; Ord. 3651 § 1, 2007].
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. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 9,
2010; Ord. 3651 § 1, 2007].
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Chapter 19.60 MOVING BUILDINGS
Chapter 19.60
MOVING BUILDINGS
Sections:
19.60.000
Permit required.
19.60.005
Applicability.
19.60.010
Application requirements.
19.60.015
Pre -move inspection requirements and building upgrades.
19.60.020
Correction of defects.
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19.60.000 Permit required.
Any person who proposes to move an existing building into or through the city of Edmonds shall, before the move,
apply for and obtain a moving permit from the building official. A moving permit is separate from, and in addition
to, any and all other permits required to bring the moved building into compliance with current adopted codes and
city regulations. Separate permit approvals for grading, shoring, foundation, remodeling, repair or alteration may be
imposed to bring the building to current adopted code standards and zoning compliance for height and setbacks.
[Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
19.60.005 Applicability.
Buildings or structures moved into or within the city shall comply with the provisions of this code including the
current adopted editions of the following codes: International Building Code, International Residential Code,
International Mechanical Code, International Fire Code, Uniform Plumbing Code, Washington State Energy Code,
International Existing Building Code, International Property Maintenance Code, and applicable state WAC
amendments. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
19.60.010 Application requirements.
A. In order to obtain permits to move any building through, along, or across the streets or any public place within
city limits, the building official shall determine permit submittal requirements which, at a minimum, shall contain:
1. Proposed route;
2. Location of any overhead utility lines or traffic signals along with their height along the route; and
3. Dimensions of building proposed to be moved.
B. The permit application shall be reviewed by the building official, public works director, police chief, traffic
engineer, fire department and any other affected city department. If the proposed moving will unduly interfere with
the rights of the public as determined by the city engineer or designee, the permit shall be denied. Denial of the
application by one department shall constitute denial of the permit by the city.
C. A performance bond or frozen fund, pursuant to Chapter 17.10 ECDC, in an amount to be determined by the
building official shall be posted prior to permit issuance guaranteeing the completion of all required site
development improvements or site cleanup and/or repair of damage to public property no later than 180 days after
the permit is issued. The bond or frozen fund will be exonerated upon final project approval provided all required
site restoration and/or improvements are installed, inspected and approved to city standards.
D. The moving contractor shall be state licensed and carry general public liability insurance for the amount no less
than $1,000,000, valid during entire building moving operations, and the insurance policy shall name the city as an
additional named insured, against the injury, death, property damage and/or loss arising from or out of the city's
involvement in the permitting process for the project.
E. As a condition of obtaining a moving permit, the moving contractor shall assume all liability for any damage to
public property by such moving operations. Repair of damage to any public property improvement shall be
completed under a valid permit within 30 days of date of notice. Emergency repair work performed by city crews to
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repair damage to public improvements shall be charged against the moving contractor. [Ord. 4029 § 1 (Art. A),
2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
19.60.015 Pre -move inspection requirements and building upgrades.
A. Upon application and payment of the building moving permit fee, the building official shall coordinate a date and
time to perform a pre -move inspection with the applicant. The pre -move inspection shall be made at the original
location of the building before it is moved.
B. The applicant shall remove from the building as much of the interior wall and ceiling coverings as is necessary in
the judgment of the building official to conduct a thorough inspection of the wiring, plumbing and structural features
of the building. The building official shall determine what structural, energy, ventilation, plumbing, mechanical and
life -safety upgrades shall be imposed on any building moved into or within city limits in compliance with current
adopted codes. Designated historic buildings are also subject to provisions of Chapter 19.50 ECDC. [Ord. 4029 § 1
(Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
19.60.020 Correction of defects.
If, at or after the time of the inspection, the building official notifies the applicant that any portion of the building,
electrical wiring or rough plumbing is in any way in violation of the ordinances of the city of Edmonds, so that
compliance will require a replacement of any parts or materials used, then any defective parts or materials shall be
removed from the building before it is moved. Any corrections required to comply with the ECDC, IBC and IRC
shall be completed and inspected before final approval and occupancy is granted. [Ord. 4029 § 1 (Att. A), 2016;
Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
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Chapter 19.65 MARINAS
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.
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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. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 2,
2010].
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. [Ord.
4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 2, 2010].
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. [Ord.
4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 2, 2010].
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. [Ord. 4212 § 1
(Att. A), 2021; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 2, 2010].
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. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Att. A),
2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 2, 2010].
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Chapter 19.65 MARINAS
19.65.025 Fire Protection Standard adopted.
A. The "Fire Protection Standard for Marinas and Boatyards," current 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 feet.
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.
[Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 2, 2010].
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. Class I, II and IIIA Fuel Storage and Dispensing. All Class I, II and IIIA fuel storage tanks shall be of an
approved type and comply with all zoning, building code and fire code requirements, and comply with IFC Section
2303.2, Emergency disconnect switches. Emergency controls shall have an approved means of signage and
illumination. Portable Class 1, II and IIIA fuel containers shall be of the listed and approved type and no larger than
six gallons.
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 in accordance with local, state and federal requirements. [Ord. 4212 §
1 (Att. A), 2021; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 2, 2010].
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Edmonds
Chapter 19.70 FEES
Chapter 19.70
FEES
Sections:
19.70.000
Scope.
19.70.005
Repealed.
19.70.010
Schedule of permit fees.
19.70.015
Establishing building construction valuation.
19.70.020
Work commencing before permit issuance.
19.70.025
Refunds.
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19.70.000 Scope.
Fees associated with this title including plan review, permit, inspection and related development or mitigation fees
are established by this chapter and as set forth in ECDC 15.00.020. Fees may be altered pursuant to city Resolution
997. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
19.70.005 Payment of fees.
Repealed by Ord. 3926. [Ord. 3651 § 1, 2007].
19.70.010 Schedule of permit fees.
For buildings, structures, grading, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for
each permit shall be paid as required, in accordance with this chapter and ECDC 15.00.020. Fee schedules are on
file in the city clerk's office.
A. Plan Review Fee. Before accepting a set of plans and specifications for plan review, the building official shall
collect the full plan review fee. Plan review fees shall be in addition to, and a percentage of, the required permit fee
as calculated pursuant to ECDC 19.70.015.
B. Permit Fee. Before issuing a building permit and releasing approved plans, the building official shall collect the
full building permit fees including supplemental required permit fees, inspection fees and any additional plan review
fee or violation compliance fee, development fee or mitigation fee outstanding at the time of permit issuance.
Building construction valuation shall be determined by ECDC 19.70.015.
C. Inspection Fee. Inspection and reinspection fees shall be paid prior to any inspection by city staff. Inspection fees
are established and set forth in this chapter.
D. Related Development or Mitigation Fees. The payment of the fee for construction, alteration, removal or
demolition done in connection, or concurrently with, the work authorized by a building permit shall not relieve the
applicant or holder of the permit from the payment of other fees that are prescribed by law. Fees for other permits or
related development fees shall be as set forth in ECDC 15.00.020. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1
(Exh. A), 2013; Ord. 3651 § 1, 2007].
19.70.015 Establishing building construction valuation.
The applicant for a permit shall provide an estimated building construction valuation at time of application. Building
construction valuation for the purpose of calculating permit fees shall include total value of work including fair -
market labor and materials with equipment needed to complete the work, including but not limited to all
construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing,
heating, air conditioning, elevators, fire extinguishing systems and any other permanent equipment. If, in the opinion
of the building official, the building construction valuation is underestimated on the application, the building official
shall assign a building construction valuation. Permit valuation for new construction shall be based on square
footage building construction valuation as established by the building official. [Ord. 4029 § 1 (Att. A), 2016; Ord.
3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
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Chapter 19.70 FEES
19.70.020 Work commencing before permit issuance.
Any person who commences any work regulated by this title including work on a building, electrical, gas,
mechanical or plumbing system before obtaining the necessary permits shall be subject to a violation compliance fee
established by the building official pursuant to the city's fee schedule adopted by resolution that shall be in addition
to the required permit fees. The violation compliance fee shall be collected whether or not a permit is then or
subsequently issued. The payment of such violation compliance fee shall not exempt any person from compliance
with all other provisions of this code nor from any penalty prescribed by law. Violation compliance fees are set forth
in this chapter. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
19.70.025 Refunds.
The building official may authorize refunding of any fee paid hereunder which was erroneously paid or collected.
The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has
been done under a permit issued in accordance with this code. The building official may authorize refunding of not
more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has
been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize
refunding of any fee on an expired permit. Any application for a refund must be made in writing and describe the
circumstances to justify. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
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Edmonds
Chapter 19.75 STREET NAMES AND ADDRESS
NUMBERING
Chapter 19.75
STREET NAMES AND ADDRESS NUMBERING
Sections:
19.75.000 Adoption of street name map and criteria.
19.75.005 Adoption of property and building numbering system and criteria.
19.75.010 Other street names and premises numbers prohibited.
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19.75.000 Adoption of street name map and criteria.
A. There is hereby established a uniform system of designating street names/numbers in the city of Edmonds. The
street names/numbers are those depicted on that map entitled, "official street map," a copy of which has been
authenticated by the mayor of the city and the attestation of the city clerk. The map and all explanatory matter on the
map is re -adopted and affirmed and by this reference is incorporated herein as if set forth in full. Official street
name/number designations are the responsibility of the city engineer.
B. Pursuant to ECDC 18.50.030, any change to the name or number of any street on the official street map shall be
by action of the city council approving an ordinance changing the official street map.
C. The city engineer shall maintain and update the official street map and shall designate/approve public and private
street names/numbers in accordance with this chapter. All approved street names/numbers shall be forwarded to the
United States Postal Service (USPS), public and private utilities, law enforcement agencies, emergency services
providers, and other persons of new or corrected street names/numbers. The city engineer shall develop policies and
guidelines for street names and numbers in accordance with the following guidelines:
1. New street designations shall be in accordance with the Snohomish County grid system and the official street
map.
2. When descriptive street names (as opposed to numerical street designations) are allowed by subsection
(C)(1) of this section, preference shall be for descriptive names with logical relationship to locale or geographic
area, and avoidance of private individual names.
3. Facilitation of map reading and indexing to assist in rapid location of streets and addresses.
4. Avoidance of multiple and/or alternative names for single street sections and requirement of selection of a
primary street designation to assist in the Enhanced 9-1-1 grid system for emergency services dispatching.
5. Any other appropriate and applicable standards concerning street and street designations as well as current
department of public works policies, guidelines, or rules for naming public streets as determined by the
director. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
19.75.005 Adoption of property and building numbering system and criteria.
A. There is hereby established a uniform system for numbering properties, buildings and primary structures in the
city of Edmonds. The official building and property address map depicting all issued property address numbers is
maintained by the building official or designee. The building official assigns, maintains and corrects addresses for
the city of Edmonds and shall notify the United States Postal Service (LISPS), emergency services providers and
other persons of new or corrected addresses.
B. Addresses shall conform to the numerical grid system established by Enhanced 9-1-1. The number utilized by
each building or property shall be that number within the system assigned by the building official. Addresses are
assigned based on the location of the driveway access or house frontage to a street and only one address is allowed
per building on any lot. Numbers assigned during any previous numbering system that fit within the grid system are
hereby ratified and shall remain in full force and effect.
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Chapter 19.75 STREET NAMES AND ADDRESS
NUMBERING
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C. The building official shall require any address not in conformance or any address that poses any problem or
confusion for safety and emergency response be changed within 30 days of written notification from the city of
Edmonds.
D. All owners or occupants of all buildings and structures in the city of Edmonds, other than garages or other similar
buildings or structures of a secondary nature to the primary building or structure, shall affix and maintain the
officially designated premises number to the building or structure pursuant to ECDC 19.00.025(P). When
topography or vegetation may obscure vision from the street, the numerals shall be affixed as to be reasonably
visible from the street.
E. Where any commercial building, multiple -family residential structure, or other similar structure has more than
one entrance serving separate occupants, a suite designation or apartment number shall be assigned to each entrance
serving a tenant or resident in addition to the number assigned to the principal entrance of the building or structure.
The unit designations shall be progressive as assigned in the progressive direction of the street and per the property
numbering system approved by this code.
F. All requests for a building or property address change shall be made in writing to the building official and all of
the following conditions shall be present in order for the request to be approved:
1. An obvious error shall exist (i.e., the building was addressed off a street not associated with the site, the
building or property addresses are out of sequence, duplicate address exists, etc.).
2. The existing address could delay fire, police or emergency services from finding the location in an
emergency.
3. The fire department agrees the address change is necessary. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1
(Exh. A), 2013; Ord. 3651 § 1, 2007].
19.75.010 Other street names and premises numbers prohibited.
It is unlawful for any owner or occupant of any premises, building or structure to display a street name or premises
number other than those officially designated pursuant to the provisions of this chapter, subject to penalties per
Chapter 5.50 ECC and Chapter 20.110 ECDC. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord.
3651 § 1, 2007].
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9.1.d
Edmonds
Chapter 19.80 APPEALS
Chapter 19.80
APPEALS
Sections:
19.80.000
Purpose and applicability.
19.80.005
Application and fee.
19.80.010
Repealed.
19.80.015
Hearing examiner procedures.
19.80.020
Powers and duties of the hearing examiner.
19.80.023
Repealed.
19.80.025
Appeals from decisions of the hearing examiner.
19.80.030
Repealed.
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19.80.000 Purpose and applicability.
A. All properly filed appeals pursuant to the adopted codes of this title shall be heard by the hearing examiner. The
hearing examiner shall have no authority to review administrative decisions or grant modifications to the provisions
of any administrative chapter as adopted by this title, nor can the hearing examiner waive a code requirement.
B. The term "code official" refers to the building official or fire marshal in exercise of authority over applicable
building and fire codes from this chapter.
C. The hearing examiner shall hear appeals from the code official's interpretation of the adopted building codes,
determinations of suitable alternative methods and materials, and any other appeal pursuant to the state building
codes and this code, including but not limited to the International Building Code, the International Residential Code,
the International Fire Code, the International Property Maintenance Code, the International Fuel Gas Code, the
International Mechanical Code, the Uniform Plumbing Code and any and all other codes adopted pursuant to the
direction and authority of Chapter 19.27 RCW.
D. The provisions of the state building codes as adopted by the city are not intended to prevent the use of any
material, alternate design or method of construction not specifically prescribed by this code, provided any alternative
has been approved and its use authorized by the code official or on appeal or request for review by the hearing
examiner.
E. The provisions of this chapter shall not apply to hearing examiner proceedings under ECDC Title 20 (land use
hearings) unless such a hearing is required to be combined with a hearing under this chapter, in which case the
provisions of this chapter shall only apply to the ECDC Title 19 portions of that combined hearing. [Ord. 4029 § 1
(Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
19.80.005 Application and fee.
An application for appeal shall be filed with the code official upon a departmental form within 10 days of the date of
formal written decision. The application shall be accompanied by the required fee as set forth in Chapter 19.70
ECDC and shall be complete in all aspects before the hearing shall be scheduled. Failure to supplement an
incomplete application within 10 business days of filing shall constitute an incomplete application and the
administrative recourse of appeal shall be denied. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord.
3651 § 1, 2007].
19.80.010 Board of appeals membership.
Repealed by Ord. 3926. [Ord. 3651 § 1, 2007].
19.80.015 Hearing examiner procedures.
A. Public Notice. Public notice shall be given of all hearings. Upon written receipt and confirmation of a complete
appeal of a request, notice shall be sent to the fire department, the health department, the city attorney and the owner
of the real estate and parties within 100 feet affected by the request. No hearing shall be scheduled until 15 days
after the required hearing notifications are mailed. Hearings shall be open to the public. The appellant, the
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Chapter 19.80 APPEALS
appellant's representative, the code official, and any person whose interests are affected shall be given an
opportunity to be heard.
B. Department/Interested Party. At any public hearing a representative of the city building and fire department and
any other interested party may appear in person, by agent or by attorney, offer evidence and testimony and cross-
examine witnesses. All evidence and testimony shall be presented publicly. The hearing examiner may take judicial
notice of facts to the same extent and in the same manner as courts of record and may consider relevant facts within
the personal knowledge of any member of the board that are stated into the record by such member.
C. Recording. All hearings shall be recorded. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord.
3651 § 1, 20071.
19.80.020 Powers and duties of the hearing examiner.
A. The hearing examiner shall adopt rules and procedures governing all proceedings consistent with the provisions
set forth herein. The rules and regulations shall include meeting location, meeting time, procedures, contents of a
complete appeal application and time to be allotted for each case.
B. Subject to the limitations enumerated herein, the hearing examiner shall have and may exercise the following
powers:
1. The hearing examiner shall have no authority relative to the interpretation of the administrative provisions of
any of the state building codes, nor shall the hearing examiner be empowered to waive any requirement of any
such code.
2. Nothing herein shall be interpreted to permit the hearing examiner to hear any appeal, nor any request for
deviation of design or alternative methods with respect to any property lying within a recognized landslide
hazard and earth subsidence area or which is otherwise subject to the requirements of Chapter 19.10 ECDC
including effecting map changes.
3. The hearing examiner, on review, may approve the use of any material, alternate design or method of
construction providing that it finds that the proposed design is satisfactory and complies with the provisions of
this code and that the material, design, or method is, for the purpose intended, at least the equivalent of that
prescribed in the applicable code in suitability, strength, effectiveness, fire resistance, durability, safety and
sanitation. The decision of the code official shall not be overturned unless the hearing examiner shall find that
the following conditions exist:
a. That the appellant properly applied for an appeal;
b. That sufficient evidence, proof or testing reports were submitted by the appellant that substantiated
claims of equivalency;
c. That the proposed modification or alternate will not weaken the general purpose of the adopted code;
d. That the proposed modification or alternate will be in harmony with the spirit and purpose of the
adopted code;
e. That the proposed modification or alternate will not adversely affect the public health and safety;
f. That the proposed modification or alternate will not adversely affect the structural integrity of the
building; and
g. That the proposed modification or alternate will not adversely affect the fire safety of the building.
4. To hear and decide appeals where it is alleged there is error in any notice or order made by the code official
and/or fire marshal in the enforcement of the adopted codes in this title. The hearing examiner shall have the
power to stay the enforcement of any order issued by the building and/or fire prevention department unless the
code official certifies that a stay of the order or denial would, in the opinion of the code official, cause
imminent peril to life or property. A stay shall not constitute hearing examiner approval, shall be personal to
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Chapter 19.80 APPEALS
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the appellant and not transferable, and shall be subject to the terms and conditions imposed by the hearing
examiner. Any determination or order of the building and/or fire department shall be presumed to be correct
until evidence is introduced that would support a contrary determination.
5. Whenever the owner or legally responsible person of an alleged unsafe building, structure, utility or other
condition does not agree with the order from the code official and/or fire marshal as to the correction to be
made, he shall have the right to appeal to the hearing examiner within 10 days from the date of said order. In
his appeal, the appellant shall state how he proposes to make the unsafe building, structure, utility or other
condition safe and the hearing examiner may require the appellant to submit detailed engineering analysis or
recommendations, accompanied by plans and specifications prepared by a state licensed architect or registered
professional engineer, as prescribed in this adopted code. The hearing examiner, in hearing such appeals, may
require substantiating data concerning the removal or other remedial steps to be taken to render the unsafe
building, structure, utility or other condition safe. In any matter in which an order or notice relating to an unsafe
building, structure, utility or other condition is appealed, the building and/or fire department may certify to the
hearing examiner that the unsafe building, structure, utility or other condition could become an imminent
hazard, in which case the hearing examiner shall schedule a hearing within five business days to hear said
appeal.
C. Burden of Proof.
1. The appellant bears the burden of proof in any proceeding before the hearing examiner. If there is
insufficient evidence of compliance with any of the provisions of this code or evidence that any material or
construction does not conform to the requirements of this code, the appeal from the decision of the code official
shall be denied.
2. The hearing examiner may continue any proceeding in order to permit the appellant to provide proof of
compliance through tests conducted in accordance with general engineering practice and best scientific
evidence. Such tests shall be made by the appellant and at no expense to the jurisdiction. Test methods shall be
as specified by the applicable building code or by other recognized testing standards. If there are not recognized
and accepted test methods for the proposed alternate, testing methods shall utilize generally accepted
engineering practice and best scientific method. Reports of such tests shall be retained and made a part of
record of the proceedings.
D. Decision of the Hearing Examiner.
1. The hearing examiner shall render formal written decisions within 10 days of the date of the hearing. Every
decision of the hearing examiner shall be based upon findings of fact and every finding of fact shall be
supported in the record of its proceedings. A mere finding or recitation of the enumerated conditions
unaccompanied by findings of specific facts shall not be deemed findings of fact and shall not be deemed
compliance with the code. The code official shall take immediate action in accordance with the decision of the
hearing examiner.
2. Copies of the decision shall be forwarded to the appellant, a copy shall be placed in the appeal file and copies
shall be made available to any person as a matter of public information. Decisions shall be filed with the
building or fire department as a matter of public record.
3. In the exercise of the powers described above, the hearing examiner may reverse or affirm, wholly or in part,
or may modify the order, requirements, decision or determination appealed from the hearing examiner, may
impose conditions or requirements as deemed necessary and may hold cases in abeyance until proper
information needed by the hearing examiner is supplied. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A),
2013; Ord. 3651 § 1, 2007].
19.80.023 Alternate to board of appeals.
Repealed by Ord. 3926. [Ord. 3740 § 1, 2009].
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Chapter 19.80 APPEALS
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19.80.025 Appeals from decisions of the hearing examiner.
A. The filing of a land use petition for review shall not stay proceedings upon the decision appealed but the court
may grant a stay in accordance with the Land Use Petition Act.
B. All decisions of the hearing examiner are appealable by Land Use Petition Act to Snohomish County superior
court. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
19.80.030 Snohomish County regional board of appeals.
Repealed by Ord. 3926. [Ord. 3651 § 1, 2007].
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Edmonds
Chapter 19.85 PENALTIES
Chapter 19.85
PENALTIES
Sections:
19.85.000 Applicability.
19.85.000 Applicability.
The provisions of all adopted codes within this title shall be subject to penalties as described herein.
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It is unlawful for any person, firm, corporation or other organization to erect, construct, enlarge, alter, repair, move,
improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the city, or cause
the same to be done, contrary to or in violation of any of the provisions of this chapter. Any person, firm,
corporation or other organization violating any of the provisions of this title as adopted herein, or other provision of
this chapter, shall be guilty of a misdemeanor, and shall be deemed guilty of a separate offense for each and every
day or portion thereof during which any violation of any of the provisions of this title herein is committed, continued
or permitted, and upon the conviction thereof of such violation, and each violation thereof such person, firm,
corporation or other organization, and the officers, directors and managers thereof shall be punishable as set forth in
ECC 5.50.020 and Chapter 20.110 ECDC.
Nothing herein shall be interpreted to limit the discretion of the city to seek any other available civil, statutory or
common law remedies. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
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Chapter 19.90 LIMITATION OF BENEFITED AND
PROTECTED CLASSES
Chapter 19.90
LIMITATION OF BENEFITED AND PROTECTED CLASSES
Sections:
19.90.000 Limitation of benefited and protected classes.
19.90.000 Limitation of benefited and protected classes.
The building and supplemental codes adopted by this title are for the purpose of providing for and promoting the
health, safety and welfare of the general public. Nothing in this title shall be interpreted to create or otherwise
establish any particular class or group of persons who will or would be especially protected or benefited by the
adoption of any code in this title. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007]
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Edmonds
Chapter 19.95 CONVERSION CONDOMINIUMS
Chapter 19.95
CONVERSION CONDOMINIUMS
Sections:
19.95.010
Definitions.
19.95.020
Relocation assistance.
19.95.030
Violations.
19.95.040
Civil penalty.
19.95.050
Enforcement.
19.95.010 Definitions.
The following words and phrases used in this chapter shall have the meaning set forth in this section:
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A. "Condominium" means real property, portions of which are designated for separate ownership and the remainder
of which is designated for common ownership solely by the owners of those portions. Real property is not a
condominium unless the undivided interests in the common elements are vested in the unit owners, and unless a
declaration and a survey map and plans have been recorded pursuant to this chapter.
B. "Conversion condominium" means a condominium (1) that at any time before creation of the condominium was
lawfully occupied wholly or partially by a tenant or subtenant for residential purposes pursuant to a rental
agreement, oral or written, express or implied, for which the tenant or subtenant had not received the notice
described in subsection (2) of this definition; or (2) that, at any time within 12 months before the conveyance of, or
acceptance of an agreement to convey, any unit therein other than to a declarant or any affiliate of a declarant, was
lawfully occupied wholly or partially by a residential tenant of a declarant or an affiliate of a declarant and such
tenant was not notified in writing, prior to lawfully occupying a unit or executing a rental agreement, whichever
event first occurs, that the unit was part of a condominium and subject to sale. "Conversion condominium" shall not
include a condominium in which, before the effective date of the ordinance codified herein, any unit therein had
been conveyed or been made subject to an agreement to convey to any transferee other than a declarant or an
affiliate of a declarant.
C. "Declarant" means any person who:
1. Executes as declarant the document, however denominated, that creates a condominium by setting forth the
information required by RCW 64.34.216 and any amendments to that document; or
2. Reserves any special declarant right in the declaration; or
3. Exercises special declarant rights or to whom special declarant rights are transferred; or
4. Is the owner of a fee interest in the real property which is subjected to the declaration at the time of the
recording of an instrument pursuant to RCW 64.34.316 and who directly or through one or more affiliates is
materially involved in the construction, marketing, or sale of units in the condominium created by the recording
of the instrument; or
5. Undertakes to convert, sell, or offer for sale units in a conversion condominium.
D. "Director" means the development services director or his designee.
E. "Notice of conversion" means the 90-day notice pursuant to RCW 64.34.440(1) required to be given by the
declarant or his agent to residential tenants and subtenants in possession of a portion of a conversion condominium.
F. "Person" means a natural person, corporation, partnership, limited partnership, trust, association, or other legal
entity.
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Edmonds
Chapter 19.95 CONVERSION CONDOMINIUMS
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G. "Tenant" or "subtenant" means any person who occupies and has a leasehold interest in a rental unit under a
lawful rental agreement, whether oral or written, express or implied.
H. "Unit" means a physical portion of the condominium designed for separate ownership, the boundaries of which
are described pursuant to RCW 64.34.216(1)(d). [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord.
3651 § 1, 2007].
19.95.020 Relocation assistance.
A. Declarant shall pay relocation assistance of $500.00 per unit to tenants and subtenants who elect not to purchase a
unit and who are in lawful occupancy for residential purposes of a unit, and whose monthly household income from
all sources, on the date of the notice of conversion, was less than an amount equal to 80 percent of the monthly
median income for comparably sized households in the Seattle -Everett Standard Metropolitan Statistical Area, as
defined and established by the United States Department of Housing and Urban Development.
B. The household size of a unit shall be based on the number of natural persons actually in lawful occupancy of the
unit on the date of the notice of conversion.
C. The tenant or subtenant actually in lawful occupancy of the unit shall be entitled to the relocation assistance.
D. Relocation assistance shall be paid on or before the date the tenant or subtenant vacates and shall be in addition to
any damage deposit or other compensation or refund to which the tenant is otherwise entitled. Unpaid rent or other
amounts owed by the tenant or subtenant to the landlord may be offset against the relocation assistance.
E. Rights of tenants and subtenants set forth in the notice of conversion pursuant to RCW 64.34.440(1) must set
forth tenants' and subtenants' right to relocation assistance as provided in this section. [Ord. 4029 § 1 (Att. A), 2016;
Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
19.95.030 Violations.
It shall be a violation of this chapter for a declarant to fail or refuse to comply with the provisions of this chapter.
Each tenant and subtenant who is subjected to a violation of the provisions of this chapter shall constitute a separate
violation. Each day of violation shall constitute a separate violation. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1
(Exh. A), 2013; Ord. 3651 § 1, 2007].
19.95.040 Civil penalty.
Any person who fails or refuses to comply with the provisions or requirements of this chapter shall be subject to a
civil penalty in the amount of $100.00 per violation per day from the date that the violation is first committed until
the declarant complies with the requirements of this chapter. [Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A),
2013; Ord. 3651 § 1, 2007].
19.95.050 Enforcement.
A. Tenants and subtenants subjected to violations of the provisions of this chapter, or their agents, may file a
complaint with the director. The director is authorized and directed to receive complaints and conduct such
investigations as are deemed necessary such as contacting declarants and seeking explanation for apparent
violations.
B. Whenever it is determined that there has been a violation of this chapter, the director is authorized to pursue, at
the director's discretion, enforcement of the code pursuant to the provisions of Chapter 20.110 ECDC. [Ord. 4029 §
1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007].
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9.2
City Council Agenda Item
Meeting Date: 02/6/2024
Critical Aquifer Recharge Area Code Amendment
Staff Lead: Mike Clugston
Department: Planning Division
Preparer: Michael Clugston
Background/History
Critical aquifer recharge areas (CARAs) are established to protect groundwater and public drinking
supplies from potential contamination and to ensure adequate groundwater availability. They are
treated as critical areas under the Growth Management Act (GMA) and defined in Chapter 23.60 ECDC,
which was last updated in 2016 and states:
Critical aquifer recharge areas (CARAs) are those areas with a critical recharging effect on
aquifers used for potable water as defined by WAC 365-190-030(2). CARAs have prevailing
geologic conditions associated with infiltration rates that create a high potential for
contamination of ground water resources or contribute significantly to the replenishment of
ground water. CARAs are protected as critical areas under the Washington State Growth
Management Act. However, no areas meeting criteria for CARAs exist in the vicinity of the
city of Edmonds. Thus, additional specific provisions for protection of this critical area type
are not provided within this title. [Ord. 4026 § 1 (Att. A), 2016, Ord. 3527 § 2, 2004].
[Emphasis added]
In 2022, Edmonds became aware of the presence of CARAs within the City's jurisdiction when the
Olympic View Water and Sewer District (OVWSD) appealed the City's SEPA Determination of
Nonsignificance (DNS) for a stormwater code update. While OVWSD's appeal was denied by the hearing
examiner, staff committed to updating the ECDC to reflect the presence of possible CARAs within city
boundaries. Olympic View provided best available science and mapping of their wellhead protection
areas and buffer to the City (Attachment 2), which were then added to the City's geographic information
system (GIS). The code update in file AMD2023-0004 is a follow-up to that work and will establish
regulations for CARAs in Edmonds consistent with the GMA in RCW 36.70A.020 and RCW 36.70.330.
There are two locations in Edmonds considered critical aquifer recharge areas. Both are locations where
Olympic View has drinking water wells, which supplement the drinking water they purchase from the
City of Seattle: Deer Creek Springs and 228th Street. Deer Creek Springs is in the Town of Woodway
and has operated for decades but much of the protection area and buffer around the springs that will
comprise the CARA are in Edmonds. Land uses in this CARA are low intensity, primarily single-family
residential uses. The 228th Street wellfield, recently completed but awaiting final approval from the
state before it can come online, is in Esperance. Much of the wellhead protection area around this
wellfield is in Esperance (under Snohomish County's jurisdiction) but some of the area and buffer is in
Edmonds. The CARA code will apply to both areas to continue to protect groundwater and ensure
continued access to clean drinking water for Olympic View customers.
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9.2
Staff from the City and Olympic View have been working closely on the draft code amendments and will
continue to do so until the amendment is completed.
Staff Recommendation
This is a work session - no action is required at this meeting. The intent is to discuss and further refine
the draft code in Attachment 1 prior to public hearing.
The topic was introduced on January 23 (see weblink). The Planning Board's recommendation memo is
included as Attachment 4. A public hearing on the topic is tentatively scheduled for February 27 with
action anticipated on March 19.
Narrative
Amendments to Chapter 23.60 ECDC are a Type V legislative decision, which requires the Planning Board
to hold a public hearing before making a recommendation to the City Council. A public hearing is also
held by City Council prior to adoption of the code amendment by ordinance.
Consistent with ECDC 20.15A, a SEPA Determination of Nonsignificance was issued on November 9, 2023
- no comments or appeals were received. Notice of the draft code amendment was also provided to the
Department of Commerce.
PrncPss to date
The Planning Board held several meetings on the topic (meeting materials from each of the meetings are
weblinked as are reference documents on CARAs from Olympic View and the Departments of
Commerce, Ecology and Health):
1) May 24, 2023 - Introduction to the CARA code amendment
2) July 12, 2023 - Work session
3) July 26, 2023 - Public hearing #1 (held open to August 23 and then to September 13 but
ultimately closed to allow time for additional work, primarily regarding stormwater)
4) October 25, 2023 - Work session on stormwater
5) November 29, 2023 - Public hearing #2
Following the November 29 public hearing, the Planning Board recommended to Council the
redline/strikeout language in Attachment 1. The language includes prohibitions on more intensive land
uses in the both CARAs as well as restrictions on where and how stormwater can be infiltrated into the
ground within the CARAs.
Two items need further work:
1) Whether pollution liability insurance could be required for certain land uses in the CARAs - the
City Attorney is investigating.
2) Whether shallow Underground Injection Control wells (UICs) can be used throughout the Deer
Creek CARA. The City's Stormwater Engineer had proposed that both drilled (deep) and shallow
UICs and all other stormwater infiltration best management practices (BMPs) be prohibited
within the 228th St. CARA because there are more intense land uses in that area (mixed
intensities including the General Commercial zone) and there is existing municipal stormwater
infrastructure that new development can tie into to avoid infiltration (see Attachment 3 for the
Packet Pg. 239
9.2
stormwater presentation from October 25, 2023).
Within the Deer Creek CARA, deep UICs are proposed to be prohibited but shallow UIC systems
and other stormwater infiltration BMPs would be allowed due to the lower intensity land uses in
the area (primarily single family residential) and because there are closed stormwater basins
that completely infiltrate all runoff within the existing portions of that CARA - there is no other
way to feasibly manage stormwater in those specific areas but for infiltration. The shallow
systems would have specific treatment requirements prior to the stormwater being released
into the ground and the proposed requirements for infiltration would be more protective of the
aquifer than current Department of Ecology requirements.
In their recommendation, the Planning Board moved to "disallow any UIC wells - shallow or
drilled - in the QVa areas of the Deer Creek Aquifer but allow shallow UIC wells in the other
areas of that watershed." QVa soils are unconfined and therefore more likely to transfer
contaminants from the surface to the aquifer. Prohibiting all UICs in the Deer Creek CARA would
be the most protective of the aquifer but it would also restrict development in those areas in
the Deer Creek CARA that have no other way to manage stormwater except for infiltration.
Prohibiting infiltration could also lead to:
Increased localized flooding, since infiltration would not be allowed
Depletion of the aquifer due to lack of recharge since the City would be modifying the
existing water rights within drainage basins that are in this CARA
Requiring stormwater runoff be discharged into other drainage basins since runoff
would be stored with no way of conveyance or infiltration out of the closed basins. This
would require approval by the state because the City would be modifying the existing
water rights of those basins.
o If this was approved by the state it would require retention vaults, pumps, and
upsizing/upgrading miles of existing downstream stormwater infrastructure in
Edmonds and the Town of Woodway.
§ Discharging into Deer Creek or Willow Creek/Edmonds Marsh which is
not recommended since the discharge would go directly to:
The well that the CARA is trying to protect for Deer Creek and
increase stream scour occurrences in Deer Creek which would
not be beneficial to aquatic habitat
Edmonds Marsh, which experiences frequent flooding
Attachments:
Attachment 1 - Draft CARA code for CAO and Stormwater Addendum - PB recommended
Attachment 2 - 2018 Olympic View Wellhead Delineation Report
Attachment 3 - Council 1.23.24 CARA slides
Attachment 4 - Planning Board recommendation memo
Olympic View 2023 Watershed Protection Plan
Department of Health Wellhead Protection Guidance
Department of Ecology Critical Aquifer Recharge Area Guidance
Department of Commerce Critical Aquifer Recharge Area Webinar
Planning Board 5.24.23 materials
Planning Board 7.12.23 materials
Packet Pg. 240
9.2
Planning Board 7.26.23 materials
Report to Council 9.26.23
Department of Commerce Critical Areas Handbook
Planning Board 10.25.23 materials
Planning Board 11.29.23 materials
Council 1.23.24 materials
Packet Pg. 241
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Draft Edmonds CARA Update 2023 - 2024
Chapter 23.60
CRITICAL AQUIFER RECHARGE AREAS
SeGti.
D+ra 1 Designation
32 60 010 rritisal
23 60 010 rrlti..-.l
Critical
Rating and Mappin..
aquifer rerhar-Re n r dec:..n ntien
aquifer re,.haFge areas designation
(CARAs) thE)s,-- ruitical
aquifer
aquifers
rechaFge areas are areas; %Avith a reehaFging effect en
f9F wateF as def4ned by WAC 365 190 039(2). GARAs have
used
p9table prevailing
r9f F-drnn-.nd--;.
Thus, additional spe6fic for E)f this e-rifir—al type are not
,idprl , oithin
provisions protection
this title [9Fd 4026 § 1 (Att. n) 2016;. nr.r 3527 § 2, 20041
ff
Sections:
23.60.010
23.60.020
23.60.030
23.60.010
Scope.
Administration.
Regulated Activities.
Scope.
Critical aquifer recharge areas (CARAs) are those areas with a critical recharging effect on
aquifers used for potable water as defined by WAC 365-190-030(3). CARAs have prevailing
geologic conditions that create a high potential for contamination of ground water resources or
contribute significantly to the replenishment of ground water. The Growth Management Act
requires cities to adopt regulations to protect CARAs.
The purpose of this chapter is to establish critical aquifer recharge area (CARA) and
groundwater protection standards to protect aquifers from degradation and depletion. The
intent is to minimize loss of recharge quantity, to maintain the protection of public drinking
water sources, and to prevent contamination of groundwater.
draft Edmonds CARA ECDC 23.60 v6 1.23.24 - Planning Board recommended
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23.60.020 Administration.
A. Designation. Olympic View Water and Sewer District (Olympic View) has two wellhead
protection areas in Edmonds: Deer Creek Springs and the 228th Street Wellfield. Deer
Creek Springs itself is located west of Edmonds in the Town of Woodway while the 2281h
Street Wellfield is located in Esperance (unicorporated Snohomish County), which is
surrounded by Edmonds. Both areas have been mapped and modeled using best available
science and include four travel time zones (6 month, 1 year, 5 year, and 10 year) plus an
additional buffer. An area of exposed highly sensitive soils (Qva aquifer) is also mapped.
B. Classification. CARAs are classified using the following criteria:
1. Class 1 CARAs include those mapped areas located within the 6 month, one (1) and five
(5) year capture zones of a wellhead protection area.
2. Class 2 CARAs include those mapped areas located within the ten (10) year capture zone
of a wellhead protection area.
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Draft Edmonds CARA Update 2023 - 2024
3. Class 3 CARAs include those mapped areas in the critical aquifer recharge area buffer.
C. Applicability. The provisions of this chapter apply to regulated activities occurring within
Class 1, Class 2 and Class 3 CARAs as identified in the City of Edmonds GIS, which may be
updated as new information becomes available.
D. Local consultation. The City of Edmonds will notify Olympic View when new development
applications are submitted within the mapped CARAs. TVpical applications will include but
not be limited to: single family/multifamily/commercial building permits, and short/formal
subdivisions.
E. Hydrogeologic report. A hydrogeologic report is required for activities as noted in the table
ECDC 23.60.030.C. The report must contain the following information:
1. The surface location of all critical aauifer recharge areas located on site or immediatelv
adjacent to the site, and the permeability of the unsaturated zone;
2. Groundwater depth, flow direction, and gradient based on available information;
3. Currently available data on wells and springs within one fourth mile of the site;
4. Currently available information on the location of surface waters within one fourth mile
of the site;
5. Historic water quality data for the area to be affected by the proposed activity or use
compiled for at least the previous five-year period;
6. Discussion of the effects of the proposed protect on the groundwater quality and
quantity, including:
a. Predictive evaluation of groundwater withdrawal effects on nearby wells and
surface water features;
b. Predictive evaluation of contaminant transport based on potential releases to
groundwater;
c. Recharge potential of the site including permeability and transmissivity; and
d. If water use is proposed for the development activity, a description of the
groundwater source of water to the site or a letter from an approved water
purveyor stating the ability to provide water to the site;
7. Best management practices relevant to the proposed activity or use;
8. Provisions to monitor the groundwater quality and quantity;
9. A spill plan that identifies equipment and structures that could fail, resulting in an
impact to the critical aquifer recharge area. Spill plans shall include provisions for
regular inspection, repair, and replacement of structures and equipment with the
potential to fail;
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Draft Edmonds CARA Update 2023 - 2024
10. An assessment of how the development activity meets the protection standards
established in ECDC 23.60.030.D;
11. If the hydrogeologic report identifies impacts to critical aquifer recharge areas, the
protect applicant will be required to:
a. Identify and provide an analysis of alternatives by which such impacts could be
avoided or prevented; and
b. Provide a detailed mitigation plan for any unavoidable impacts. The mitigation plan
should include preventative measures, monitoring, process control and remediation
and a contingency plan, as appropriate;
12. Recommendations for implementation and operation of activities, including size
limitations, monitoring, reporting and best management practices (BMP); and
13. Any other information necessary to determine compliance with this chapter.
23.60.030 Regulated Activities.
A. Stormwater.
1. The use of stormwater infiltration best management practices (BMPs) including those
that qualify as a Class V Underground Infection Control well (UIC), are prohibited for all
land uses within all wellhead protection areas (WHPAs), including the buffer, associated
with Olympic View Water and Sewer District's (OVWSD) 228th Street Wellhead.
2. Within all WHPAs, associated with Olympic View's Deer Creek Springs, including the
buffer, the following shall apply:
a. All new bored, drilled, or driven shaft UICs for stormwater management purposes
are prohibited.
b. All other new stormwater infiltration BMPs that are not bored, drilled, or driven
shaft UICs shall be regulated by:
Chaster 173-218 WAC. that meet that chaater's definition of a Class V UIC well.
The UIC regulations are implemented by the Washington State Department of
Ecology (Ecology).
ii. The requirements of ECDC 18.30 (Stormwater Management), including the
Ecoloev stormwater manual adoated by ECDC 18.30. and the current Edmonds
Stormwater Addendum
c. In addition, these requirements shall apply to the following allowed activities:
i. All new UICs that replace any existing UIC that has reached its useful life.
ii. Any area that proposes connecting to an existing City -owned and operated UIC.
d. These requirements shall apply until Ecology approves a subsequent version of its
stormwater manual that is more protective of the aquifers than the above
requirements. At that time, the more protective requirements shall apply.
draft Edmonds CARA ECDC 23.60 v6 1.23.24 - Planning Board recommended
Commented [CM1]: Planning Board recommend(
prohibiting deep and shallow UIC wells in the Qva sc
allowing shallow UIC wells in the other areas of the
Creek CARA. This would be a change from the langu
recommended by the City's Stormwater Engineer, w
would allow shallow UICs throughout the Deer Cree
subject to the proposed treatment requirements th.
be added to the Stormwater Addendum.
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Draft Edmonds CARA Update 2023 - 2024
B. Table 23.60.030.1, CARA Prohibited and Restricted Uses, establishes land uses and related
activities that are prohibited and restricted within a specific CARA classification and applies
to any new use or activity proposed after [MONTH DAY], 2024. New land uses or activities
that pose a hazard to the City's groundwater resources, resulting from storing, handling,
treating, using, producing, recycling, or disposing of hazardous materials or other
deleterious substances, are prohibited in Critical Aquifer Recharge Areas 1 and 2. Some uses
are prohibited in all CARA classes. Uses and activities lawfully established prior to [MONTH
DAY], 2024, are not considered to be legal nonconforming uses subject to Chapter 17.40
ECDC, and may continue to operate within the scope of the existing use.
Table 23.60.030.1. CARA Prohibited and Restricted Uses
All mineral resource uses
Cemeteries
Hazardous liquid transmission pipelines
Hazardous waste storage and/or
treatment facilities and/or processing, or
disposal of radioactive substances
low the water table or the upper surface of the
RA and in exposed OVa soils in Class 3 CARA. A
nd in exposed QVa soils in Class 3 CARA. Best
ianagement practices (BMPs) and integrated pest
ianaeement OPM) are reauired for the use in Class
defined in Chanter 181.881 RCW. DiDelines are
Ireport is reauired for the use in Class 3 CARA outside
all CARA classes.
Draee. Drocessine. or disposal of radioactive
Ieauioment and/or material and medical waste.
draft Edmonds CARA ECDC 23.60 v6 1.23.24 - Planning Board recommended
5
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9.2.a
Draft Edmonds CARA Update 2023 - 2024
plan are prohibited in Class 1 and 2 CARA as well as
in exposed QVa soils in Class 3 CARA. A
hydrogeologic report is required for the use in Class
3 CARA outside of the area of exposed QVa.
Automotive uses
Wrecking yards are prohibited in all CARA classes.
Vehicle towing yards that store vehicles on
permeable surfaces are also prohibited. Service
stations are prohibited in Class 1 and 2 CARA as well
as in exposed QVa soils in Class 3 CARA. In Class 3
CARA outside of the area of exposed QVa, vehicle
repair and servicing must be conducted indoors over
impermeable pads. For underground storage tanks
(UST) with hazardous substances, applicants must
demonstrate that the facility complies with federal
and state laws.
Dry cleaning
Dry cleaning using chlorinated solvents or using
solvent perch Ioroethylene is prohibited in all CARA
classes.
Large on -site sewage systems, as defined
Prohibited in all CARA.
in Chapter 246 272
WAC
Solid waste landfills
Prohibited in all CARA.
Solid waste is defined in WAC 173 304 100.
Solid waste transfer stations
Prohibited in all CARA.
Solid waste is defined under WAC 173 304 100.
Petroleum refinement processes,
including any related reprocessing or
Prohibited in all CARA.
storage
Bulk storage facilities where flammable or
Prohibited in all CARA.
combustible liquids, solids, or gels are
received by pipeline or tank vehicle, and
are stored or blended in bulk for the
purpose of distributing such substances
by pipeline, tank vehicle, portable tank, or
container
Chemical manufacturing, including but not
Prohibited in Class 1 and 2 CARA as well as in
limited to organic and inorganic
chemicals, plastics and resins,
pharmaceuticals, cleaning compounds,
exposed QVa soils in Class 3 CARA. A hydrogeologic
report is required for the use in Class 3 CARA outside
of the area of exposed QVa. Applicants must
draft Edmonds CARA ECDC 23.60 v6 1.23.24 - Planning Board recommended
E
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9.2.a
Draft Edmonds CARA Update 2023 - 2024
paints and lacquers, and agricultural
demonstrate that the facility complies with federal
chemicals
and state laws.
Primary and secondary metal industries
Prohibited in all CARA.
that manufacture, produce, smelt, or
refine ferrous and nonferrous metals from
molten materials
Commercial wood preserving and wood
Prohibited in all CARA.
products preserving
Mobile fleet fueling operations
Prohibited in all CARA.
"Mobile fleet fueling" means the practice of filling
fuel tanks of vehicles from tank vehicles. Mobile fleet
fueling is also known as wet fueling and wet hosing.
Mobile fleet fueling does not include fueling at
construction sites.
Permanent dewatering of the aquifer
Prohibited in all CARA.
when done as part of remediation action
that is approved by the Department of
Ecology
Irrigation and infiltration of greywater
Prohibited in all CARA.
Reclaimed or recycled water use with the
Prohibited in all CARA.
exception of uses that discharge to the
sanitary sewer
Rainwater collection and use
Allowed in all CARA.
Hydrocarbon extraction
Prohibited in all CARA.
Metal recycling facilities with outdoor
Prohibited in Class 1 and 2 CARA as well as in
storage and handling activities
exposed QVa soils in Class 3 CARA. A hydrogeologic
report is required for the use in Class 3 CARA outside
of the area of exposed QVa.
C. Regulation of facilities handling and storing hazardous materials.
Activities may only be permitted in a critical aquifer recharee area if the applicant can show
through providing a hydrogeologic report prepared by a qualified professional, that the
proposed activity will not cause contaminants to enter the groundwater by compliance with
the best management practices (BMPs) for handling and storing hazardous materials. The
Citv may impose development conditions in accordance with BMPs to Drevent deeradation
of groundwater
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9.2.a
Draft Edmonds CARA Update 2023 - 2024
1. Best Management Practices for Handling and Storing Hazardous Materials.
Any facility, activity, or residence in the City in which hazardous materials or other
deleterious substances are present must be operated in a manner that ensures safe
storage, handling, treatment, use, production, and recycling or disposal of such
materials and substances and prevents their unauthorized release to the environment.
Businesses. cemeteries and schools that store and/or handle hazardous materials must
at a minimum, comply with the following BMPs:
a. Waste disposal and record keeping of disposal and use activity;
b. Spill containment supplies and an emergency response plan;
c. An emergency response training plan for all employees;
d. Hazardous materials must be stored using secondary containment measures at all
times;
e Periodic monitoring of the storage areas and methods used for containment must be
reviewed:
i. On a regular basis;
ii. Whenever business practices change regarding hazardous materials; and
iii. As required by laws and regulations;
f. In no case may hazardous materials or other deleterious substances be stored,
handled, treated, used, produced, recycled, or disposed of in a way that would pose
a significant groundwater hazard within the City.
2. Hazardous Materials Inventory (HMI).
The HMI statement is intended reflect all current and anticipated types and quantities of
hazardous materials that will be stored, handled, treated, used, produced, recycled, or
disposed of at a facility. The HMI must always be kept on site. New and existing
commercial land uses, schools and cemeteries located in Class 1 and Class 2 CARAs must
submit an HMI statement:
a. Within 1 year of the effective date of the ordinance codified in this chapter;
b. With any new land use or building permit application;
c. With a new business license; and
d. At periodic intervals as needed to keep up with changing business practices.
3. Hazardous Materials Management Plan (HMMP). Hazardous materials quantities
correspond to the aggregate total of all hazardous materials, not individual chemicals.
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Draft Edmonds CARA Update 2023 - 2024
Facilities that use aggregate quantities of hazardous materials equal to or greater than
20 gallons or the equivalent of 200 pounds, or that use hazardous materials that may be
a potential risk to the WHPA, are reviewed to determine the potential risk to the
groundwater and the need for an HMMP. Commercial land uses and activities using
aggregate quantities of hazardous materials equal to or greater than 50 gallons or the
equivalent of 500 pounds, or that use hazardous materials that are considered to be a
potential risk to the groundwater in lower quantities, must submit an HMMP to the City.
a. The City requires an HMMP based on the type and aggregate quantity of inventoried
material. The following are exempt from an HMMP:
i. Retail sale of containers 5 gallons or less in size when the business has fewer than
500 gallons on the premises at anv one time; and
ii. Hazardous materials of no potential risk to the wellhead protection areas.
b. HMMPs must demonstrate implementation of BMPs. An HMMP must be completed
by the facility operator and must always kept on site and include:
i. A description of the facility including a floor plan showing storage, drainage and
use areas. The plans must be legible and approximately to scale;
ii. The plan must include and identify all hazardous materials containers, sizes,
storage locations and methods of secondary containment of the hazardous
materials; and
iii. The plan must, at a minimum, include how the facility implements the BMPs as
identified in this code.
4. Inspections. The Citv has the right to insaect a facilitv at reasonable times for the
purpose of determining compliance with this chapter. Inspections may include, but are
not limited to:
a. Visual inspections of hazardous materials storage and secondary containment area<
b. Inspections of HMMP; and
c. Sampling of soils, surface water and groundwater.
5. Third -Party Review. The City may employ a hydrogeologic consultant licensed in
Washington State at the applicant's expense for third -party review for compliance with
the BMPs, the HMI and the HMMP.
6. Enforcement. Whenever a person has violated any provisions of this chapter, the
Planning and Development Director, in consultation with the Public Works Director as
necessarv. may take code enforcement action based on the nature of the violation
draft Edmonds CARA ECDC 23.60 v6 1.23.24 - Planning Board recommended
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Draft Edmonds CARA Update 2023 - 2024
including, but not limited to, abatement, intunction, mitigation, fines and penalties as set
forth in Section 18.30.100 ECDC, Stormwater Management.
D. General requirements.
1. A protect applicant must make all reasonable efforts to avoid and minimize impacts to
critical aauifer recharge areas according to the reauirements of this section. in the
following sequential order of priority:
a. Avoiding impacts altogether by not taking a certain action or parts of an action; or
when avoidance is not possible;
b. Minimizing impacts by limiting the degree or magnitude of the action and its
implementation, using appropriate technology, or by taking affirmative steps, such as
protect redesign, relocation, or timing, to avoid or reduce impacts; and
2. Any activity or use specifically listed in this chapter must comply with the best
management practices and mitigation plan identified in the hydrogeologic report.
3. All development activities must comply with the groundwater quality standards
contained in WAC Chapter 173-200 and RCW Chapter 90.48.
4. Where the Director determines that an activitv or use not specifically listed in this
chapter has the potential to harm water quality or quantity within critical aquifer
recharge areas, the applicant must apply best management practices and all known and
available reasonable technology (AKART) appropriate to protect critical aquifer recharge
areas.
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23.40.005 Definitions pertaining to critical areas.
For the purposes of this chapter and the chapters on the five specific critical area types
(Chapters 23.50, 23.60, 23.70, 23.80 and 23.90 ECDC) the following definitions shall apply:
"Adjacent" means those activities located on site immediately adjoining a critical area; or
distance equal to or less than 225 feet of a development proposal or subject parcel.
"Alteration" means any human -induced action which changes the existing condition of a critical
area or its buffer. Alterations include, but are not limited to: grading; filling; dredging; draining;
channelizing; cutting, pruning, limbing or topping, clearing, relocating or removing vegetation;
applying herbicides or pesticides or any hazardous or toxic substance; discharging pollutants;
paving, construction, application of gravel; modifying for surface water management purposes;
or any other human activity that changes the existing landforms, vegetation, hydrology, wildlife
or wildlife habitat value of critical areas.
"Aquifer" means a body of soil or rock that contains sufficient saturated material to conduct
groundwater and yield usable quantities of groundwater to springs and/or wells.
Best Available Science. See ECDC 23.40.310.
"Best management practices" means a system of practices and management measures that:
1. Control soil loss and reduce water quality degradation caused by nutrients, animal waste,
and toxics;
2. Control the movement of sediment and erosion caused by land alteration activities;
3. Minimize adverse impacts to surface and ground water quality, flow, and circulation
patterns; and
4. Minimize adverse impacts to the chemical, physical, and biological characteristics of
critical areas.
"Buffer" means the designated area immediately next to and a part of a steep slope or landslide
hazard area and which protects slope stability, attenuation of surface water flows and landslide
hazards reasonably necessary to minimize risks to persons or property; or a designated area
immediately next to and part of a stream or wetland that is an integral part of the stream or
wetland ecosystem. For critical aquifer recharge areas, the buffer is that area outside of the
WHPA time of travel zones established by WAC 246-290, which defines the entire zone of
contribution for the CARA.
"Chapter" means those sections of this title sharing the same third and fourth digits.
"City" means the city of Edmonds.
City Council or Council. See ECDC 21.15.030.
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"Class" or "wetland class" means descriptive categories of wetland vegetation communities
within the wetlands taxonomic classification system of the U.S. Fish and Wildlife Service
(Cowardin, et al., 1979).
"Clearing" means the act of cutting and/or removing vegetation. This definition shall include
grubbing vegetation and the use or application of herbicide.
"Compensation project" means an action(s) specifically designed to replace project -induced
critical area or buffer losses. Compensation project design elements may include, but are not
limited to: land acquisition procedures and detailed plans including functional value
assessments, detailed landscaping designs, construction drawings, and monitoring and
contingency plans.
"Compensatory mitigation" means replacing project -induced losses or impacts to a critical area,
and includes, but is not limited to, the following:
1. "Creation" means actions performed to intentionally establish a wetland at a site where it
did not formerly exist.
2. "Reestablishment" means actions performed to restore processes and functions to an
area that was formerly a critical area, where the former critical area was lost by past
alterations and activities.
3. "Rehabilitation" means improving or repairing processes and functions to an area that is
an existing critical area that is highly degraded because one or more environmental
processes supporting the critical area have been disrupted.
4. "Enhancement" means actions performed to improve the condition of existing degraded
wetlands so that the functions they provide are of a higher quality
5. "Preservation" means actions taken to ensure the permanent protection of existing high -
quality wetlands.
"Creation" means a compensation project performed to intentionally establish a wetland or
stream at a site where one did not formerly exist.
"Critical aquifer recharge areas (CARAs)" are areas with a critical recharging effect on aquifers
used for potable water, including areas where an aquifer that is a source of drinking water is
vulnerable to contamination that would affect the potability of the water, or is susceptible to
reduced recharge. These areas are identified on the City's GIS using information provided by
Olympic View Water and Sewer District, as periodically updated.
"Critical areas" for the city of Edmonds means wetlands, critical aquifer recharge areas,
frequently flooded areas, geologically hazardous areas, and fish and wildlife habitat
conservation areas as defined in Chapters 2L.5 23.60, 23.70, 23.80 and 23.90 ECDC,
respectively.
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"Deleterious substances" include, but are not limited to, chemical and microbial substances that
are not classified as hazardous materials per this chapter, whether the substances are in usable
or waste condition, that have the potential to pose a significant groundwater hazard, or for
which monitoring requirements or treatment -based standards are enforced under Chapter 246-
290 WAC.
"Development proposal" means any activity relating to the use and/or development of land
requiring a permit or approval from the city, including, but not limited to: commercial or
residential building permit; binding site plan; conditional use permit; franchise; right-of-way
permit; grading and clearing permit; mixed use approval; planned residential development;
shoreline conditional use permit; shoreline substantial development permit; shoreline variance;
short subdivision; special use permit; subdivision; flood hazard permit; unclassified use permit;
utility and other use permit; variance; rezone; or any required permit or approval not expressly
exempted by this title.
"Director" means the city of Edmonds development services director or his/her designee.
"Division" means the planning division of the city of Edmonds development services
department.
"Enhancement" means an action taken to improve the condition and function of a critical area.
In the case of wetland or stream, the term includes a compensation project performed to
improve the conditions of an existing degraded wetland or stream to increase its functional
value.
"Erosion" means the process in which soil particles are mobilized and transported by natural
agents such as wind, rain, frost action, or stream flow.
Erosion Hazard Areas. See ECDC 23.80.020(A).
Fish and Wildlife Habitat Conservation Areas. See Chapter 23.90 ECDC.
"Floodplain" means the total area subject to inundation by a "100-year flood." "100-year flood"
means a flood having a one percent chance of being equaled or exceeded in any given year.
"Footprint of existing development" or "footprint of development" means the area of a site that
contains legally established: buildings; roads, driveways, parking lots, storage areas, walkways or
other areas paved with concrete, asphalt or compacted gravel; outdoor swimming pools; patios.
Frequently Flooded Areas. See Chapter 23.70 ECDC.
"Functions" means the roles served by critical areas including, but not limited to: water quality
protection and enhancement; fish and wildlife habitat; food chain support; flood storage,
conveyance and attenuation; ground water recharge and discharge; erosion control; wave
attenuation; aesthetic value protection; and recreation. These roles are not listed in order of
priority.
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Geologically Hazardous Areas. See Chapter 23.80 ECDC
"Geologist" means a person licensed as a geologist, engineering geologist, or hydrologist in the
state of Washington. For geologically hazardous areas, an applicant may choose a geologist or
engineering geologist licensed in the state of Washington to assess the potential hazard.
"Geotechnical engineer" means a practicing geotechnical/civil engineer licensed as a
professional civil engineer in the state of Washington who has at least five years of professional
employment as a geotechnical engineer in responsible charge including experience with
landslide evaluation.
"Grading" means any one or a combination of excavating, filling, or disturbance of that portion
of the soil profile which contains decaying organic matter.
"Habitats of local importance" means areas that include a seasonal range or habitat element
with which a given species has a primary association, and which, if altered, may reduce the
likelihood that the species will maintain and reproduce over the long term. These might include
areas of high relative density or species richness, breeding habitat, winter range, and movement
corridors. These might also include habitats that are of limited availability or high vulnerability
to alterations such as cliffs, talus, and wetlands. In urban areas like the city of Edmonds, habitats
of local importance include biodiversity areas and corridors, which are characterized by a
framework of ecological components which provides the physical conditions necessary for
ecosystems and species populations to survive in a human -dominated landscape.
"Hazardous materials" means any material, either singularly or in combination, that is a physical
or health hazard, whether the materials are in usable or waste condition: and any material that
may degrade surface water or groundwater quality when improperly stored, handled, treated,
used, produced, recycled, disposed of, or otherwise mismanaged. Hazardous materials also
include: all materials defined as or designated by rule as a dangerous waste or extremely
hazardous waste under Chapter 70A.300 RCW and Chapter 173-303 WAC: hazardous materials
also include petroleum or petroleum products that are in liquid phase at ambient temperatures,
including any waste oils or sludges.
"Hazardous materials inventory (HMI)" is an inventory of all current and anticipated types and
quantities of hazardous materials that will be stored, handled, treated, used, produced,
recycled, or disposed of at a facility as required in ECDC 23.60.030.C.2, Hazardous Materials
Inventory (HMI).
"Hazardous materials management plan (HMMP)" is a plan completed by the operator that
demonstrates how the facility implements required BMPs as required in ECDC 23.60.030.C.3,
Hazardous Materials Management Plan (HMMP).
"In -lieu fee program" means a program which sells compensatory mitigation credits to
permittees whose obligation to provide compensatory mitigation is then transferred to the in -
lieu program sponsor, a governmental or nonprofit natural resource management entity.
draft Edmonds CARA ECDC 23.60 v6 1.23.24 - Planning Board recommended 14
Packet Pg. 255
9.2.a
Draft Edmonds CARA Update 2023 - 2024
Landslide Hazard Areas. See ECDC 23.80.020(B).
"Mitigation" means the use of any or all of the following actions for activities and development
on sites containing critical areas, except critical area aquifer recharge areas, which are listed in
descending order of priority:
1. Avoiding the impact altogether by not taking a certain action or parts of an action;
2. Minimizing impacts by limiting the degree or magnitude of the action and its
implementation by using appropriate technology or by taking affirmative steps such as
project redesign, relocation, or timing to avoid or reduce impacts;
3. Rectifying the impact to wetlands, critical aquifer recharge areas, frequently flooded
areas, and habitat conservation areas by repairing, rehabilitating, or restoring the
affected environment to the historical conditions or the conditions existing at the time of
the initiation of the project;
4. Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through
engineered or other methods;
5. Reducing or eliminating the impact or hazard over time by preservation and maintenance
operations during the life of the action;
6. Compensating for the impact to wetlands, critical aquifer recharge areas, frequently
flooded areas, and habitat conservation areas by replacing, enhancing, or providing
substitute resources or environments; and
7. Monitoring the hazard or other required mitigation and taking remedial action when
necessary.
"Native vegetation" means vegetation comprised of plant species which are indigenous to the
Puget Sound region and which reasonably could have been expected to naturally occur on the
site. "Native vegetation" does not include noxious weeds as defined by the state of Washington
or federal agencies.
"Normal maintenance of vegetation" means removal of shrubs/nonwoody vegetation and trees
(less than four -inch diameter at breast height) that occurs at least every other year.
Maintenance also may include tree topping that has been previously approved by the city in the
past five years.
"Noxious weeds" means any plant that is highly destructive, competitive or difficult to control
by cultural or chemical practices, limited to those plants on the state noxious weed list
contained in Chapter 16-750 WAC.
"Planning staff" means those employed in the planning division of the city of Edmonds
development services department.
draft Edmonds CARA ECDC 23.60 v6 1.23.24 - Planning Board recommended 15
Packet Pg. 256
9.2.a
Draft Edmonds CARA Update 2023 - 2024
"Qualified critical areas consultant" or "qualified professional" means a person who has the
qualifications specified below to conduct critical areas studies pursuant to this title, and to make
recommendations for critical areas mitigation. For geologically hazardous areas, the qualified
critical areas consultant shall be a geologist or engineering geologist licensed in the state of
Washington to assess the potential hazard. If development is to take place within a geologically
hazardous area, the qualified critical areas consultant developing mitigation plans and design
shall be a professional engineer licensed in the state of Washington and familiar with landslide
and slope stability mitigation. For wetlands and streams, the qualified critical areas consultant
shall be a specialist in botany, fisheries, wetland biology, and/or hydrology with a minimum of
five years' field experience with wetlands and/or streams in the Pacific Northwest.
Requirements defining a qualified critical areas consultant or qualified professional are
contained within the chapter on each critical area type. For critical aquifer recharge areas, the
qualified professional must be a currently licensed Washington State geologist holding a current
specialty license in hydrogeology.
"Reasonable economic use(s)" means the minimum use to which a property owner is entitled
under applicable state and federal constitutional provisions in order to avoid a taking and/or
violation of substantive due process.
"Recharge" means the process involved in the absorption and addition of water from the
unsaturated zone to groundwater.
"Redeveloped land(s)" means those lands on which existing structures are demolished in their
entirety to allow for new development. The director shall maintain discretion to determine if
the demolition of a majority of existing structures or portions thereof constitute the
redevelopment of a property or subject parcel.
"Restoration" means the actions necessary to return a stream, wetland or other critical area to
a state in which its stability, functions and values approach its unaltered state as closely as
possible. For wetlands, restoration as compensatory mitigation may include reestablishment or
rehabilitation.
Seismic Hazard Areas. See ECDC 23.80.020(C).
"Species of local importance" means those species that are of local concern due to their
population status, their sensitivity to habitat manipulation, or that are game (hunted) species
(See ECDC 23.90.010(A)(4).)
"Storm Water Management Manual" means the storm water manual specified in
Chapter 18.30 ECDC.
"Streams" means any area where surface waters produce a defined channel or bed which
demonstrates clear evidence, such as the sorting of sediments, of the passage of water. The
channel or bed need not contain water year-round. This definition is not meant to include
draft Edmonds CARA ECDC 23.60 v6 1.23.24 - Planning Board recommended 16
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9.2.a
Draft Edmonds CARA Update 2023 - 2024
irrigation ditches, canals, storm or surface water runoff devices (drainage ditches) or other
entirely artificial watercourses unless they are used by salmonids or used to convey streams
naturally occurring prior to construction of such watercourse. Streams are further classified into
Categories S, F, Np and Ns and fishbearing or nonfishbearing 1, 2 and 3. (See
ECDC 23.90.010(A)(1).)
"Title" means all chapters of the city of Edmonds Development Code beginning with the digits
23.
"Undeveloped land(s)" means land(s) on which manmade structures or land modifications
(clearing, grading, etc.) do not exist. The director retains discretion to identify undeveloped
land(s) in those instances where historical modifications and structures may have existed on a
property or subject parcel in the past.
"Underground Infection Control Well" as defined in Chapter 173-218 WAC and associated
guidance documents.
"Wellhead protection area (WHPAY' means protective areas associated with public drinking
water sources established by water systems and approved or assigned by the state Department
of Health.
"Wetland functions" means those natural processes performed by wetlands, such as facilitating
food chain production; providing habitat for nesting, rearing and resting sites for aquatic,
terrestrial or avian species; maintaining the availability and quality of water; acting as recharge
and/or discharge areas for ground water aquifers; and moderating surface water and storm
water flows.
"Wetland mitigation bank" means a site where wetlands are restored, created, enhanced, or in
exceptional circumstances, preserved expressly for the purpose of providing compensatory
mitigation in advance of authorized impacts to similar resources.
"Wetlands" means those areas that are inundated or saturated by ground or surface water at a
frequency and duration sufficient to support, and that under normal circumstances do support,
a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands do
not include those artificial wetlands intentionally created from nonwetland sites, including, but
not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities,
wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands
created after July 1, 1990, that were unintentionally created as a result of the construction of a
road, street or highway. However, wetlands may include those artificial wetlands intentionally
created from nonwetland areas created to mitigate conversion of wetlands if permitted by the
city (WAC 365-190-030(22)). Wetlands are further classified into Categories 1, 2, 3 and 4. (See
ECDC 23.50.010(B).) [Ord. 4026 § 1 (Att. A), 2016; Ord. 3952 § 1, 2013; Ord. 3931 § 2, 2013; Ord.
3527 § 2, 2004. Formerly 23.40.3201.
draft Edmonds CARA ECDC 23.60 v6 1.23.24 - Planning Board recommended 17
Packet Pg. 258
9.2.a
Managing Stormwater Runnoff in CARAs — For Stormwater Addendum Only
• The City of Edmonds does not implement or enforce the UIC regulations, and they are
independent of the City's stormwater regulations. It is the responsibility of the applicant to
abide by all applicable Federal and State requirements related to UICs.
• The use of stormwater infiltration best management practices (BMPs) including those that
qualify as a Class V Underground Injection Control well (UIC), are prohibited for all land uses
within all wellhead protection areas (WHPAs), including the buffer, associated with Olympic
View Water and Sewer District's (OVWSD) 228th Street Wellhead.
Within all WHPAs, associated with OVWSD's Deer Creek Springs, including the buffer,
stormwater infiltration systems including UICs, shall be regulated using Ecology's 2019
Stormwater Management Manual for Western Washington (SWMMWW), including Volume I,
Section 1.4 (UIC Program); provided that Tables 1-4.2 (Vadose Zone Treatment Capacity), 1-4.3
(Pollutant Loading Classifications for Solids, Metals, and Oil in Stormwater Runoff Directed to
UIC Wells), and 1-4.4 (Treatment Required for Solids, Oil, and Metals) in the SWMMWW shall not
apply and are superseded by the following tables, respectively, to be more protective of the
aquifers:
Table 1- Assumed Vadose Zone Treatment Capacity by Wellhead Protection Area
Assumed Treatment
Wellhead Protection Areal
Capacity2
Additional Protection Areas for Exposed Ova Aquifer
None
All other Zones
Low
1-From Figure 8, Appendix B (Wellhead Protection Areas Delineation, Robinson Noble, Inc.) - 2018
Watershed Protection Plan. Olympic View Water & Sewer District. Pace Engineering, 11/2018.
2 -- From Table 1-4.2 (Vadose Zone Treatment Capacity) - 2019 Ecology Stormwater Management Manual
for Western Washington, modified to be more protective of aquifer.
Table 2 - - Pollutant Loading Classifications for Solids, Metals,
and Oil in Stormwater Runoff Directed to UIC Wells
Pollutant Loading
Land Use'
Risk
Single -Family Residential (SFR) lots
Low
Multifamily Residential
Medium
All Other not mentioned above
High
Roadway'
Local
Low
Collector
Minor Arterial
Medium
Principal Arterial
High
1- Site zoning at time of permit application
2 - From Table 1-4.3 (Pollutant Loading Classification for Solids, Metals and Oil in
Stormwater Runoff Directed to UIC Wells) - 2019 Ecology Stormwater
Management Manual for Western Washington, modified to be more protective.
3 - Figure 3-1- Roadway Functional Classification - Edmonds 2015
Comprehensive Transportation Plan
Packet Pg. 259
9.2.a
Managing Stormwater Runnoff in CARAs — For Stormwater Addendum Only
Table 3: Treatment Required for Solids, Oil, and Metals'
Assumed Treatment Capacity
Pollutant Loading
Risk
Low
None
Low
Pretreatment'
Remove Solids'
Medium
Remove SolidS3
Remove SolidS3
High
Remove Oil & SolidS3'
Remove Oil & SolidS3•4
1- From the 2019 Ecology Stormwater Management Manual for Western Washington
(SWMMWW), modified to be more protective (Table 1-4.4).
2 - Pretreatment removes solids, but at a level less than basic treatment. Ecology's definition
for pre-treatment is 50% removal. See the definition for pretreatment in the Glossary of the
SwMMWw.
3 - Treatment to remove solids means basic treatment. See the definition of basic treatment in
the Glossary of the SWMMWW. Removal of solids removes a large portion of the total metals
in most stormwater runoff. Any special treatment requirements in the SWMMWW still apply.
4 -Treatment to remove oil is to be accomplished by applying one of the oil control BMPs
identified in the SWMMWW. See BMP T11.10: API (Baffle type) Separator and BMP T11.11:
Coalescing Plate (CP) Separator in the SWMMWW.
• At high -density intersections and at commercial or industrial sites subject to an expected
average daily traffic (ADT) count of 100 vehicles/1,000 sf gross building area, sufficient
quantities of oil may be generated to justify operation of a separator BMP.
• At other high -use sites, project proponents may select a basic treatment BMP that also
provides adsorptive capacity, such as a biofiltration or bioinfiltration swale, a filter, or other
adsorptive technology, in lieu of a separator BMP. A catch basin with a turned down elbow is
not adequate for oil control in this case.
• The requirement to apply a basic treatment BMP with adsorptive characteristics also applies
to commercial parking and to streets with ADT> 7,500.
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Packet Pg. 260
9.2.b
ROBINSON
NOBLE
OLYMPIC VIEW WATER AND SEWER DISTRICT
WELLHEAD PROTECTION AREA DELINEATION
DEER CREEK SPRINGS AND 228" STREET WELLFIELD
August 2018
by
Max T. Wills, LHG
Associate Hydrogeologist
Max Thomas Wills
2105 South C Street 17625 130th Avenue NE, Suite 102
Tacoma, Washington 9UO2 www.robinson•noble.com Wwdinvilfe, Washington
P- 253.475,7711 1 F: 253.472.5846 P. 425.488.0599 1 packet Pg. 261
9.2.b
Olympic View Water and Sewer District
Wellhead Protection Area Delineation
Deer Creek Springs and 22811 Street Wellfield
August 2018
1.0 INTRODUCTION AND BACKGROUND................................................................................1
2.0 WELLHEAD PROTECTION AREA DELINEATION................................................................1
2.1 GENERAL...............................................................................................................................1
2.2 NUMERICAL GROUNDWATER MODEL.......................................................................................2
2.2.1 Previous Studies and Other Model Input Sources........................................................
2
2.2.2 Conceptual Model.........................................................................................................3
2.2.2.1 Hydrostratigraphic Units.........................................................................................4
YoungerAlluvium (Qyal).................................................................................................5
Vashon Recessional Outwash (Qvr)...............................................................................5
VashonTill(Qvt)..............................................................................................................5
Vashon Advance Outwash (Qva)....................................................................................
5
Pre-Vashon Transitional Beds (Qtb)................................................................................6
2.2.2.2 Boundary Identification..........................................................................................6
2.2.2.3 General Flow System.............................................................................................7
2.2.3 Numerical Model Construction.....................................................................................
8
2.2.3.1 Numerical Model Inputs.........................................................................................8
2.2.3.2 Model Calibration.................................................................................................10
2.3 WELLFIELD AND SPRING SOURCE WHPA DELINEATION..........................................................
10
3.0 SUMMARY...........................................................................................................................11
4.0 RECOMMENDATIONS........................................................................................................12
5.0 REFERENCES.......................................................................................................................12
FIGURES
1 . VICINITY MAP WITH SERVICE AREA
2. CONCEPTUAL MODEL
3. SURFICIAL GEOLOGY MAP
4. MODEL BOUNDARIES
5. MODEL CALIBRATION
6. POTENTIOMETRIC CONTOUR MAP
7. WELLHEAD PROTECTION AREA MAP
8. ADDITIONAL PRECAUTION AREA MAP
TABLES
1. HYDROSTRATIGRAPHIC UNITS
2. MODEL CALIBRATION STATISTICS
Robinson Noble, Inc. 1686-007A Packet Pg. 262
9.2.b
Olympic View Water and Sewer District
Wellhead Protection Area Delineation
Deer Creek Springs and 22811 Street Wellfield
August 2018
1.0 Introduction and Background
The Olympic View Water & Sewer District (District) provides water to an estimated 13,000 cus-
tomers within an approximately two square mile service area in southwestern Snohomish
County (PACE, 2009). The District currently receives about 60% of their supply water through
an intertie with the City of Seattle. The remaining 40% is derived from the District's water
treatment plant at Deer Creek Springs. The District is also currently in the process of develop-
ing an additional groundwater source at their 22811 Street wellfield. This wellfield will augment
the supply from Deer Creek Springs and reduce dependency on the water purchased from Se-
attle. The District recently completed the construction and testing of two supply wells at the
22811 Street site and is currently in the process of constructing site infrastructure. Figure 1 pre-
sents a map of the District's service area and shows the locations of the Deer Creek Springs
and 22811 Street wellfield source areas.
In anticipation of bringing the new wellfield online, the District is updating their existing Well-
head Protection Program (WHPP) to include the new wellfield source and a more current as-
sessment of the spring source. As part of the WHPP update, Robinson Noble was retained to
delineate wellhead protection areas (WHPAs) for the 2281" Street wellfield and to re -delineate
and update the WHPAs for the spring source. This report documents the methods utilized to
complete the delineation process and presents the new wellfield WHPAs and the updated
WHPAs for the existing spring source.
2.0 Wellhead Protection Area Delineation
2.1 General
The Washington State Department of Health's (DOH) Wellhead Protection Program Guidance
(DOH, 2010) states that all Group A public water systems' must prepare a Water System Plan
MAC 246-290-100), which will include a Wellhead Protection Program (WHPP). The WHPP will
in turn include Wellhead Protection Areas (WHPAs) delineated for each well, wellfield, or spring
source MAC 246-290-135). DOH requires that each source have three designated WHPAs, la-
beled Zone 1, Zone 2, and Zone 3, based respectively on the one-year, five-year, and ten-year
time -of -travel capture zones2. Per DOH guidance (DOH, 2010), Zone 1 (the one-year capture
zone) should also include a six-month capture zone to focus greater protection on potential viral
and microbial contamination that may pose a higher degree of risk to the drinking water supply.
A Group A public water system is defined by WAC 246-290 generally as any pubic water system that serves 15 or
more connections on a year-round bases.
2 The capture zone refers to the zone of groundwater contribution for a given source. Specific time -of -travel capture
zones (i.e. one-year capture zone) refer to that portion of the total capture zone in which water will travel to the
source within the specified travel time. Travel times to the source, and consequently the size and shape of the
time -of -travel capture zone, will vary depending on the hydrogeologic properties associated with that specific
zone (i.e. gradient, porosity, pumping rates, etc.).
Robinson Noble, Inc. 1686-007A Packet Pg. 263
9.2.b
DOH has also established the use of a buffer zone as required to provide additional source pro-
tection up -gradient of the ten-year capture zone. According to DOH guidance (DOH, 2010),
buffer zones may incorporate the entire capture zone for a given source or select portions of it
and, as appropriate, may also include areas outside of a given capture zone. As described in this
report, buffer zones which incorporate the entirety of the defined capture zones for both the
22811 wellfield and Deer Creek Spring sources are included with the WHPAs for each source.
The WHPAs for both the 2281" Street wellfield and the Deer Creek Springs sources were delin-
eated using a numerical groundwater model that was specifically developed for this project.
Because there is a reasonably sufficient amount of geologic and hydrogeologic data available
for the study area, a modeling approach for WHPA delineation was deemed to be more accu-
rate (and more appropriate) than the standard calculated -fixed radius (CFR) method. Model de-
velopment and calibration are described below in Section 2.2. WHPA delineation is described in
Section 2.3.
2.2 Numerical Groundwater Model
The development of a numerical groundwater model involves several key steps, starting with
the review and compilation of data from existing studies and other sources, which provide in-
formation pertaining to the various model inputs. Once the available data have been compiled
and evaluated, model construction begins with the development of a conceptual model. The
conceptual model, which is typically diagrammatic, provides a generalized overview of the ma-
jor model components and guides the overall groundwater model construction. Once a basic
groundwater model is constructed, it is then finalized by calibrating outputs to known data
points (i.e. head values, discharge, etc.). The calibrated model can then be used to perform a
number of analytical tasks, which for this project includes the delineation of the wellfield and
spring source WHPAs.
2.2.1 Previous Studies and Other Model Input Sources
Parameter inputs for the groundwater model developed for this project were obtained from a
number of sources, including well construction and testing reports, geologic and hydrogeologic
studies, government databases, and geologic maps. The following is a summary of the key data
sources utilized for this project.
King County, Department of Natural Resources and Parks, Wastewater Treatment Division,
2003; Brightwater Treatment Plant, Final Environmental Impact Statement, Appendix 6-B
(Geology and Groundwater). This study provides key data pertaining to subsurface geologic
conditions and aquifer elevations. Groundwater monitoring data and potentiometric maps
from this study were also utilized in part for final model calibration.
Liesch, B.A., Price, C.E., and Walters, K.C., 1963; Geology and Groundwater Resources of
Northwest King County, Washington. Washington State Department of Conservation, Wa-
ter Supply Bulletin No. 20. This study provides key information for the southern portion of
the modeled area, including recharge and model unit descriptions.
Minard, J.P., 1983; Geologic Map of the Edmonds East and Edmonds West Quadrangles,
Washington; USGS Miscellaneous Field Studies, Map MF-1541. This map was utilized for a
variety of model inputs, including the surficial distribution of geologic units, estimated re-
charge values, and aquifer elevations.
Newcomb, R.C., 1952; Groundwater Resources of Snohomish County, Washington; USGS ``
Water Supply Paper 1135. This report provides detailed information about the geologic and
Page 2 1686-007A Robinson No Packet Pg. 264
9.2.b
hydrogeologic units within the project area, as well as information pertaining to general flow
characteristics of area aquifers.
Robinson Noble, Inc., 2003; Olympic View Water & Sewer District, Modification and Testing
of the 2281h Street Production Well (Shop Well). This report provides key model input data
for the area around the 2281h Street wellfield. This includes hydraulic conductivity values and
aquifer elevation data. Groundwater elevation data for this site was also utilized in part for
final model calibration.
Robinson Noble, Inc., 2015; Olympic View Water & Sewer District, 8605 228' Street Test
Well. This report provides additional information pertaining to model feature elevations in
the area of the 2281h Street wellfield, hydraulic conductivity values, and other hydrogeologic
parameters. Survey data from this study also provided key information pertaining to the
gradient and flow directions of groundwater in the area of the 22811 Street wellfield. Water
level data from this study was also used for model calibration.
Robinson Noble, Inc., 2018; Olympic View Water & Sewer District, Construction and Test-
ing of Production Well 2. This report provides key model input data for the area around the
228' Street wellfield. This includes hydraulic conductivity values, production rates, and aqui-
fer elevation data. Water level and drawdown data from this study were also used in part
for final model calibration.
Shannon and Wilson, Inc., 2016; Hydrogeolo_iq c Report New Madrona K-8 Project, 9300
236`h Street SW, Edmonds, Washington. This report provides specific model input data, in-
cluding hydraulic conductivity values, water level data, and flow directions, in the up -
gradient areas east of Deer Creek Springs. Monitoring data from this study was also used in
part for final model calibration.
Thomas, B.E., Wilkenson, J.M., and Embrey, S.S., 1997; The Groundwater System and
Groundwater Quality in Western Snohomish County, Washington; USGS Water Resources
Investigations Report 96-4312. This report provides detailed information regarding the char-
acteristics of the hydrogeologic units within the project area. It also provides key infor-
mation regarding aquifer elevations, recharge values, and flow data that was utilized in part
for final model calibration.
In addition to the reports and studies listed above, this project utilized a number of other mis-
cellaneous sources to support model development. Between 2004 and 2010, in conjunction
with the Brightwater sewer tunnel construction, Robinson Noble conducted extensive ground-
water monitoring at the both the Deer Creek Springs site and the original shop well (located
near the current 2281h Street wellfield). Hydrographs created during this monitoring were used
for final model calibration, and precipitation data collected during the monitoring effort were
used to evaluate the modeled recharge values. We also accessed the Washington State De-
partment of Ecology's (Ecology) online well log data base. We estimate that this database con-
tains approximately 1,200 well reports (well logs) for the study area. These logs were first
screened for reliability, and then reliable logs were utilized for a variety of model input infor-
mation (i.e. aquifer elevation, water levels for calibration, etc.).
2.2.2 Conceptual Model
A hydrogeologic conceptual model is a representation of a groundwater flow system that sim-
plifies and organizes various geologic and hydrologic information so that the flow system can
be more readily analyzed (Anderson and Woessner, 1992). The conceptual model synthesizes
available data (maps, cross -sections, hydrographs, well logs, etc.) into a generalized representa-
Robinson Noble, Inc. 1686-007A Packet Pg. 265
9.2.b
tion of the geology as it affects the groundwater flow system in a given area. Ideally, a concep-
tual model should be as simple as possible but still contain all of the applicable components
necessary to recreate flow system behavior. Once it is developed, the conceptual model serves
as a guide for the construction of the final groundwater model.
Figure 2 presents the conceptual model that was developed for this project as a schematic
cross section. The conceptual model for this project contains three major components: hy-
drostratigraphic units, model boundaries, and general flow system inflow and outflow infor-
mation. These components are described in detail below.
2.2.2.1 Hydrostratigraphic Units
A key step in developing the conceptual model is to define the various hydrostratigraphic units
that will affect the flow system being modeled. Hydrostratigraphic units are groupings of sedi-
ments that exhibit similar hydrogeologic properties. They are typically divided into two general
groups which include aquifers and confining units and may or may not correspond with the area
geologic units.
Within the project area, the hydrostratigraphic units modeled do generally correspond with the
area geologic units. Figure 3 shows the surficial geology within the study area (Minard, 1983).
Table 1 summarizes the hydrostratigraphic units applicable to this project, which are listed from
top to bottom in stratigraphic order (youngest to oldest or in general order of deposition).
Table 1: Hydrostratigraphic Units
Hydrostratigraphic
Hydrogeologic
Unit Description
Unit
Classification
Aquifer (when in
Fluvial sands and gravels with lesser organic mate -
Younger Alluvium
direct contact with
rial. Thin and limited lateral extent. For modeling
(Qyal)
Qva)
purposes, this unit is grouped with the Qva aquifer
when it is in direct contact with Qva materials.
Aquifer (when in
Sands and gravels with lesser clay and silt. For
Vashon Recessional
direct contact with
modeling purposes, this unit is grouped with the
Outwash (Qvr)
Qva)
Qva aquifer when it is in direct contact with Qva
materials.
Dense, unsorted clay -through gravel- and cobble -
size material. This is the most extensive surficial
Vashon Till (Qvt)
Confining Unit
deposit in the study area. It has a low permeability,
is upwards of 100 feet thick, and forms a protec-
tive cap over the Qva aquifer.
Sands with lesser gravel. Laterally extensive
Vashon Advance
Aquifer
across the study area with thicknesses ranging
Outwash (Qva)
from 100 to 150 feet. This unit is partially saturated
and considered an unconfined aquifer system.
Low permeability sequence of layered clay -
Transitional Beds
Confining Unit
through find sand -size material. This unit is relative-
ly thick across the model area and forms the base
of the model.
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9.2.b
Both the Deer Creek Springs and the 228t' Street wellfield derive groundwater from the Vashon
advance outwash (Qva), which is referred to in this study as the Qva aquifer. As shown on Fig-
ure 3, the Qva aquifer is exposed at the surface in several parts of the study area, but is largely
overlain by Quaternary Vashon till (Qvt). As shown in Figure 2, the Qvt forms the upper surface
of the model where it is present. In areas where the Qvt is absent, the Qva forms the upper
surface of the model. The Qva aquifer is underlain across the study area by pre-Vashon transi-
tional beds (Qtb). This unit constitutes the lower surface of the model (see Figure 2). A detailed
description of the hydrostratigraphic units utilized for this project is presented below.
Younger Alluvium (Qyal)
As shown in Figure 3, the Qyal hydrostratigraphic unit has limited aerial extent within the study
area, and is generally constrained to narrow zones along stream corridors. As described by vari-
ous authors (see Section 2.2.1), the Qyal consists of fluvial sand and gravel deposits with some
organic materials. The Qyal is relatively thin and typically underlain by adjacent map units. Be-
cause the Qyal is relatively porous, when it is in direct contact with the Qva aquifer, it responds
hydraulically as an extension of the aquifer. In these situations, the Qyal is considered part of
the Qva aquifer. In situations where the Qyal is geologically isolated from the Qva, there isn't
hydraulic continuity with the Qva aquifer, so it is grouped with the Qvt hydrostratigraphic unit.
Vashon Recessional Outwash (Qvr)
Similar to the Qyal, the Qvr has limited aerial extent within the study area and is relatively thin.
The Qvr is comprised of stratified sands and gravels with lesser silt- and clay -size material,
which were deposited by the receding Vashon continental glacier. Similar to the Qyal, the Qvr
is relatively porous, so when it is in direct contact with the Qva aquifer, it responds hydraulically
as an extension of the aquifer. As such, the Qvr is considered part of the Qva aquifer in these
situations. Where the Qvr is geologically isolated from the Qva it is grouped with the Qvt hy-
drostratigraphic unit.
Vashon Till (Qvt)
The Qvt consists of a dense, unsorted mixture of clay- through gravel- and cobble -size sedi-
ments that were deposited in situ by the Vashon continental glacier. The Qvt is the predomi-
nant surficial deposit within the study area, and typically extends to depths of over 100 feet.
The Qvt has a low permeability, and where present, it impedes infiltration of precipitation. This
provides a protective cap for the underlying Qva aquifer. The Qvt often contains isolated pock-
ets of more permeable material, which may contain perched groundwater'. However, these
perched zones are usually very limited in extent, and the Qvt hydrostratigraphic unit, for the
purpose of modeling, is considered to be unsaturated.
Vashon Advance Outwash (Qva)
The Qva is comprised of stratified sands with lesser gravel- and silt -size materials, which were
laid down by meltwater issuing from the advancing Vashon continental glacier. The Qva is lat-
erally extensive within the study area, but there are a few isolated areas, primarily along the
study area boundaries, where the Qva is not present. The thickness of the Qva within the study
area generally ranges from between 100 to 130 feet. The Qva materials are not fully saturated
within the study area, and the Qva aquifer is considered an unconfined aquifer system. As
3 Perched groundwater is groundwater that accumulates in isolated pockets of permeable material at elevations
above that of the local water table (hence the term "perched").
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mentioned previously, the Ova aquifer is the groundwater source for Deer Creek Springs and
the 22811 Street wellfield.
Pre-Vashon Transitional Beds (Qtb)
The Qtb is a layered sequence of very low permeability materials that were laid down in lakes
and non -glacial fluvial systems prior to the deposition of the Ova sands. The Qtb consists of
beds and laminae of clay-, silt-, and very fine sand -size material, with occasional zones of peat
and organic material. The Qtb is consistently present across the study area and has an estimat-
ed thickness of approximately 130 feet within the model area. As mentioned previously, the
Qtb forms the base of the model for this project (see Figure 2).
2.2.2.2 Boundary Identification
Generally there are two types of hydrologic boundaries: physical boundaries and hydraulic
boundaries. Physical boundaries are formed by the presence of a physical impediment to
groundwater flow such an impermeable geologic unit or the truncation/absence of an aquifer.
Hydraulic boundaries are groundwater conditions that impede groundwater movement, such as
a large lake or a groundwater divide. Ideally, model boundaries can be placed along naturally
occurring boundaries such as groundwater divides or surface water bodies. However, this is
not always feasible.
Figure 4 presents the aquifer boundaries and how they were represented in the model. The
western edge of the modeled area corresponds to the exposure of the Ova aquifer in the cliffs
along Puget Sound and where the Ova drops to sea level and is bounded by Puget Sound (in
the extreme southwest corner of the model area). In the real world, this is a discharge bounda-
ry for the Ova aquifer. Water in the aquifer discharges through springs, as evapotranspiration to
vegetation on the bluffs, and (where the boundary is below sea level) as underf low into Puget
Sound. In the model, we've represented the western boundary with drain s4, set with relatively
low conductance values along areas where minor seepage occurs and with relatively high con-
ductance values at points were streams emanate from the exposed Ova aquifer. The most
prominent of these is Deer Creek (which emanates from Deer Creek Springs), but also includes
(to the north of Deer Creek) Shell Creek, Shelleberger Creek, and an unnamed creek.
A similar aquifer boundary occurs in the southeast corner of the model area where Lyon Creek
has eroded down to and through the base of the Ova. Here water discharges from the aquifer
as springs, seepage, and evapotranspiration above the creek. Again, this natural discharge
boundary is represented in the model with drains.
Within the modelled area, there are a number creeks and lakes which are bedded in the Ova, or
are in other ways in hydraulic continuity with the Ova (bedded in Qyal or Qvr materials that are
in direct contact with the Ova). These include the before mentioned streams on the northwest
and southeast sides of the model as well as Hall Creek, McAleer Creek, Hall Lake, and Lake
Ballinger in the interior of the model. Where streams and lakes are in direct continuity with the
aquifer, groundwater discharge or recharge naturally occurs depending on the head relationship
4 A drain is a model condition that allows water to flow out of the model if the groundwater level in the model cell
containing the drain exceeds the drain's assigned elevation. The amount of flow out of the drain is controlled by a
conductance value assigned to the drain as well as the groundwater elevation. Drains are often used to model
springs and groundwater seepage. Drains only allow water to exit (discharge) from a model and not to enter (re-
charge).
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9.2.b
of the surface water and the groundwater. These surface water bodies are represented in the
model as general head boundaries'.
The natural real -world northern, southern, and eastern boundaries of the Qva aquifer system
are not present within the study area. In order to keep the size of the model reasonable, these
distant boundaries are represented in the model as groundwater streamlines. Streamlines rep-
resent a direction of groundwater flow (flow line) within an aquifer. Within the project area, flow
in the aquifer in the northern and southern portions of the modeled area is generally east -west.
Because these areas are distant from the portion of the model that will be affected by modeled
production from the 228th Street wellfield, it is very unlikely that there is any significant contri-
bution of flow into the aquifer from either the north or south sides of these streamlines. There-
fore, in the model, they are represented by no -flow boundaries placed parallel to the general
flow direction.
Such no -flow boundaries are conceptually valid for the model as long as no modeled stresses
are placed near the boundaries that would alter the direction of the natural flow lines that are
essentially parallel to the boundaries. Consequently, the northern, southern and eastern model
boundaries, were also purposely located a significant distance away from the main areas of in-
terest, namely the Deer Creek Springs and 228th Street wellfield source areas. This was done
specifically to minimize any significant boundary effect in these areas of the model. In the
model, flow is generally parallel to these boundaries except for near the lower reaches of Hall
Creek. However, this area is distant enough from the area of interest that it does not likely im-
pact the model results.
2.2.2.3 General Flow System
The final step in developing a conceptual model is to define the general flow system. This es-
sentially amounts to diagraming the basic pathways by which water enters, passes through,
and exits the model. Figure 2 presents the conceptual model that was developed for this pro-
ject, which diagrams the various flow pathways in cross-section view.
As shown on Figure 2, water enters the system primarily as precipitation. When precipitation
falls on the land surface, only a portion of it actually infiltrates into the ground. The portion that
is not infiltrated may flow overland as runoff or evaporate back to the atmosphere. Runoff may
be infiltrated further down -slope or flow overland out of the model area. A portion of the water
that infiltrates into the ground may be taken up through the roots of plants and trees and tran-
spire back to the atmosphere through their leaves. Typically, the combined effects of evapora-
tion and plant transpiration are considered together as evapotranspiration. That portion of water
that infiltrates into the ground and is able to replenish the aquifer system is referred to as re-
charge. Recharge is always a percentage of the total precipitation value and varies from place
to place depending on specific conditions (i.e. plant cover, temperature, soil permeability, etc.).
For this study, recharge is largely a function of the surficial geology. For the surface areas
mapped with Qvt (see Figure 3), because the Qvt has relatively low permeability, recharge
rates are fairly low and much of the precipitation that falls on these areas flows overland as
runoff. Conversely, because the Qva is fairly permeable, in areas where the Qva is exposed at
5 General -head boundaries are model conditions that allow water to flow out of the model (discharge) if the ground-
water level in the model cell containing the general -head boundary exceeds the assigned boundary elevation or
into the model (recharge) if the groundwater level is lower than the assigned boundary elevation. The amount of
flow into or out of the boundary is controlled by a conductance value assigned to the drain as well as the
groundwater elevation.
Robinson Noble, Inc. 1686-007A Packet Pg. 269
9.2.b
land surface, infiltration (and recharge) is significantly higher. Furthermore, much of the precipi-
tation that runs off in the Qvt covered areas is readily infiltrated when it reaches areas of ex-
posed Qva. Additional recharge occurs where streams (or lakes) have losing reaches (when
streams lose water through infiltration into the ground).
As shown on Figure 2, groundwater that reaches the Qva aquifer flows primarily horizontally
down -gradient through the aquifer. This occurs because the underlying Qtb has a very low
permeability compared to the Qva, which impedes downward migration of water. As with most
confining units, there is some vertical leakage from the Qva aquifer downward through the Qtb.
However, it is minor and is not considered a significant out -flow for this modeling project.
Aside from minor leakage to the underlying Qtb, groundwater exits the Qva aquifer through one
of several routes. As shown on Figure 2, groundwater may be extracted from the system
through production withdrawal from a well (i.e. the 2281h Street wellfield). It may also flow out
of the system through one of the major springs (i.e. Deer Creek Springs), it may exit the sys-
tem as minor seepage through the Qva exposures in the cliffs along the west side and south-
east corner of the model, it can become stream (or lake) flow in gaining reaches, or it can be
discharged into Puget Sound (which is not shown on Figure 2 and only occurs in the extreme
southwestern corner of the model area).
2.2.3 Numerical Model Construction
The numerical groundwater model developed for this project was constructed using the De-
partment of Defense Groundwater Modeling System (GMS). GMS is a comprehensive graph-
ical user program that serves as a pre- and post -processing interface for a variety of groundwa-
ter modelling and analytical programs. For this project, GMS was used to interface with MOD -
FLOW, which is an open -source and widely utilized finite -difference groundwater model' devel-
oped and distributed by the USGS (Harbaugh, 2005). The model developed for this project was
constructed as a steady-state groundwater model'.
2.2.3.1 Numerical Model Inputs
Once a conceptual model is developed, the initial step for constructing the numerical model is
to create a finite difference grid to cover the horizontal (aerial) and vertical space to be modeled.
The horizontal model area for this project is shown on Figure 4, which covers the area within
the model boundaries previously described in Section 2.2.2.2. Figure 4 also shows the finite
difference grid (grid) used for the final model. As shown on Figure 4, horizontal dimensions of
the individual grid cells are refined around the two primary source areas (Deer Creek Springs
and the 2281h Street wellfield) to provide more detail in the near -field areas around these two
sources. The horizontal dimension of the cells adjacent to the two sources is 50 feet square.
The cell size was increased at increments of 10% away from the source areas to a maximum
cell size of 250 feet square. The horizontal elements of the model are geographically referenced
to NAD83/UTM Zone 101.
For the vertical space, the model utilizes a single layer of grid cells (a one -layer model) to repre-
sent the Qva aquifer flow system. Because the Qvt is unsaturated, it is not necessary to set up
a separate layer to represent the till because there is no flow within the Qvt to simulate. As
6 The finite difference approach utilizes a grid system to represent individual flow cells, which are hydraulically
(mathematically) connected to surrounding cells and manipulated together to simulate a flow system.
7 In a steady-state groundwater model, the magnitude and direction of flow is constant with time, versus a transient
model where the magnitude and direction of flow varies with time. For a steady-state model, the volume of wa-
ter within the model domain is constant (flow into the model is equal to the flow out of the model).
"The North American Datum of 1983 (NAD83)/Universal Transverse Mercator (UTM) Zone 10; EPSG:26910.
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9.2.b
discussed previously in Section 2.2.2.3, leakage through the underlying Qtb is negligible, and
the top surface of the Qtb was used to represent the base of the model. Cell elevations for the
top of the model were incorporated into the model by importing LIDAR9 data available for the
study area. Cell elevations for the base of model were derived by importing and interpolating
data from a combination of sources, including published USGS maps of the top surface of the
Qtb (Thomas, et al, 1997), the elevations of the exposed contact between the Qtb and the Ova
(Minard, 1983), and several cross sections that traverse the study area generated by King Coun-
ty during the construction of the Brightwater sewer tunnel (King County, 2003).
Once the model grid was established, additional model inputs were incorporated into the mod-
el. The elevations of the drains and general -head boundaries shown on Figure 4 were set re-
spectively to the mapped elevations along the Qtb/Qva contact and the mapped elevations of
the streams and lakes bedded in the Qva (see Section 2.2.2.2). There are no established con-
ductance values for the drains and general -head boundaries for the study area. As such, some-
what arbitrary conductance values were initially set for these features, and these values were
adjusted during the calibration process. Initial conductance values for the drains corresponding
to major springs (i.e. Deer Creek Springs) were set relatively high as compared to the other
drain features without obvious discharge points. Similar proportions were maintained during the
calibration process.
As discussed in Section 2.2.2.3, recharge is largely a function of surficial geology, with highest
recharge occurring in areas where the Qva is exposed at the surface, and lessor recharge oc-
curring in areas covered by the Qvt. Aerial recharge values were applied to the model using this
assumption by creating aerial cove rag e-polygons10 corresponding to the areas mapped as Qvt
and Qva (Minard, 1983). During monitoring efforts conducted by Robinson Noble between 2004
and 2010 (see Section 2.2.1), it was established that the average annual precipitation for the
study area is approximately 37 inches/year. This is in agreement with other area studies (see
Section 2.2.1). Regression analyses conducted by the USGS (Woodward, et al, 1995) and other
information provided specifically for Snohomish County (Thomas, et al, 1997) indicate recharge
values of 13 and 26 inches/year, respectively for areas mapped as Qvt and Qva. These values
were applied accordingly to the current model for the areas mapped as Qvt and Qva.
Similar to the recharge, different values of hydraulic conductivity (K) were applied to the model
(again using a series of polygons created in GMS). Pumping test data for the wells constructed
at the 228' Street wellfield (Robinson Noble, 2003, 2015, and 2018) indicate K values of 50
feet/day for the near -field area around the wellfield. Testing of injection wells at the recently
constructed Madrona Elementary School (Shannon & Wilson, 2016), which is located just south
of the 2281" Street wellfield, indicate similar K values of 55 feet/day. These K values were ap-
plied to these two areas of the model accordingly.
Elsewhere, the K values are less known. However, the USGS (Thomas, et al, 1997) indicates
that K values for the Qva in the southwest corner of Snohomish County ranges from 3 to 310
feet/day with a median value of 42 feet/day. This is comparable to the K values established for
the 228' Street wellfield and the Madrona School site. Median K values were initially applied to
all of the areas of the model, save for the areas around the 228t" Street wellfield and the Ma-
drona School site, and then adjusted accordingly during the calibration process (see Section
2.2.3.2). For the final calibrated model, in 24 separate polygons used to designate K values
9 Light imaging, detection, and ranging (LIDAR) is a surveying method that uses lasers to produce high -resolution
digital maps, including topographic maps.
0 GMS utilizes polygons that are created by the user to apply aerial or map -view features such a recharge and hy-
draulic conductivity to groups of cells within the model area.
Robinson Noble, Inc. 1686-007A Packet Pg. 271
9.2.b
across the model area, K values ranged from 10 to 60 feet/day with a median value of 50
feet/day. This is comparable to the K values determined by the USGS for the Qva aquifer in this
portion of Snohomish County.
2.2.3.2 Model Calibration
Following initial model construction, the overall flow pattern simulated using the initial model
inputs was compared to known flow patterns (potentiometric surface maps) developed for the
area by previous workers. These include potentiometric maps created by the USGS (Newcomb,
1952; and Thomas, et al, 1997) and by King County during the construction of the Brightwater
sewer tunnel (King County, 2003). The initial flow pattern simulated by the model was noted to
approximate the general flow patterns and heads (water level elevations) of these other poten-
tiometric maps.
At this point, select model parameters were systematically modified to adjust simulated heads
to approximate observed heads in a series of model observation wells". Select model parame-
ters were also modified to adjust the modelled discharge rate for Deer Creek Springs to approx-
imate actual rates recorded by the District. For this project, the model parameters available for
calibration were limited to drain and general -head conductance values, and the K within the
specified range of values determined by 1997 USGS study (Thomas, et al, 1997). Recharge, the
known areas of K, and various elevation information are considered fixed values and were not
modified during the calibration process.
The final groundwater model was considered calibrated when the simulated heads and dis-
charge rate from Deer Creek Springs were in general agreement with observed conditions. Fig-
ure 5 presents a plot of the calibration results for the observation wells. It should be noted that
the three outliers indicated in red on Figure 5 are for observation wells located along the north-
ern and southern margins of the model, areas where the model might be expected to be less
calibrated due to the boundary conditions. The calibration residuals" for the remaining observa-
tion wells (disregarding the noted outliers) range from -13.1 to 8.7 feet, with a mean residual
value of 1.5 feet and a root mean squared (RMS) error of the residuals of 5.1 (see Table 2). The
calibrated residual value for the flow of Deer Creek Springs is 60 gpm. These are all considered
acceptable calibration values. Figure 6 presents a potentiometric map of the Qva aquifer show-
ing simulated heads that were generated from the final calibrated model.
Table 2: Model Calibration Statistics
Number of Water Level
Mean Error of Water Level
Observations
23
Residuals
1.5
Mean Absolute Error of Water
Root Mean Squared Error of
Level Residuals
3 2
Water Level Residuals
5.1
Deer Creek Springs Observed
Deer Creek Springs Modeled
Deer780
Flow
840 gpm
gpm
2.3 Wellfield and Spring Source WHPA Delineation
Using the calibrated groundwater model, WHPAs were delineated for the 228th Street wellfield
and Deer Creek Springs sources using the MODPATH module of GMS. MODPATH is a particle -
Observation wells are calibration points that are incorporated into the model at the corresponding locations of real -
world wells with recorded water levels.
12 The difference between observed and computed head.
Page 10 1686-007A Robinson No Packet Pg. 272
9.2.b
tracking post -processing program13 designed to work directly within MODFLOW (Pollock,
2017). Within the MODPATH interface, a porosity value of 20% was set for the Qva aquifer.
This value, which is near the lower end of typical porosity values for sand aquifers like the Qva
(Heath, 2004), was used to generate conservative WHPAs.
The WHPAs for the 22811 Street wellfield were delineated using a simulated withdrawal rate of
500 gallons per minute (gpm), which is the full instantaneous quantity (Qi) allocated by District's
current water right 14. The current allocated annual quantity (Qa) for the water right is 560 acre-
feet/year, so the wellfield can feasibly only be pumped at a maximum continuous rate of 347
gpm without exceeding the allocated Qa. However, there are only minimal deference's be-
tween the WHPAs delineated using a rate of 347 gpm and those delineated using a rate of 500
gpm. Delineation at the higher rate results in slightly larger, more conservative WHPAs for the
wellfield, which is intended to cover all conceivable pumping conditions.
Using MODPATH, particles were introduced at the 228th Street wellfield and Deer Creek
Springs, and then tracked up -gradient for specified time intervals. Particle tracking at both
sources was conducted for six-month, one-year, five-year, and ten-year intervals. Additional par-
ticle tracking was also conducted using the "to beginning" option in MODPATH to track the
particles to their ultimate origin within the model. This allowed delineation of the entire zone of
contribution for the two sources. MODPATH was then used to convert the particle tracks to
specific time -of -travel capture zones (see Section 2.1) for the two sources. Figure 7 presents
the time -of -travel capture zones (WHPAs) that were delineated for the two sources. In addition
to the standard six-month, one-year, five-year, and ten-year WHPAs, the capture zones that
were calculated for the entire zone of contribution for each of the two sources were used to
define the recommended buffer zones.
3.0 Summary
DOH requires the definition of wellhead protection zones based on travel rates of groundwater
(DOH, 2010). DOH defines five zones for which wellhead protection strategies should be con-
sidered. These include the following:
• The sanitary control area: Typically the 100-foot radius of control around a wellhead or a
spring (WAC 246-290-135).
• Zone 1: The one-year time -of -travel capture zone. Zone 1 also includes an additional six-
month time -of -travel capture zone to focus greater protection on potential viral and microbial
contamination.
• Zone 2: The five-year time -of -travel capture zone.
• Zone 3: The ten-year time -of -travel capture zone.
• The buffer zone: This zone may extend up -gradient of Zone 3 to include the entire zone of
contribution for a given source.
The first four of these zones are required components of a WHPP and define areas requiring
differing levels of response to a contamination event based on the expected time of travel to a
given groundwater source. The buffer zone is considered optional, but is often vital in planning
3 MODPATH mathematically tracks particles from a given source, up -gradient along the flow lines in a MODFLOW
model for a user specified time -frame.
14 Water right G1-26021 allocates an instantaneous withdrawal (Qi) of 500 gpm and an annual withdrawal (Qa) of 560
acre-feet/year for the District's 228th Street wellfield.
Robinson Noble, Inc. 1686-007A P Packet Pg. 273
9.2.b
for comprehensive protection of the supply sources (DOH, 2010). These specific WHPAs, in-
cluding buffer zones, have been delineated for the 22811 Street wellfield and the Deer Creek
Springs sources and are presented in Figure 7.
4.0 Recommendations
The recommended WHPAs, which correspond to the one-year, five-year, and ten-year time -of -
travel zones (Zones 1, 2, and 3, respectively), for both the Deer Creek Springs and the 2281h
Street wellfield are shown on Figure 7. However, the Qva aquifer is a relatively shallow system
which is directly exposed at the surface in many places within the study area and extra protec-
tion is recommended. As such, we also recommend the incorporation of a buffer zone as part
of the WHPAs for both sources. The recommended buffer zones, which incorporate the entire
zone of contribution up -gradient of Zone 3 for both sources, are shown on Figure 7.
Within the recommended WHPAs presented on Figure 7, there is cause for additional concern
in the areas where the Qva is mapped as the surficial geologic unit. Figure 8 presents a compo-
site map that identifies these specific areas. The Qva aquifer has no natural geologic protection
in these locations and is highly vulnerable to impact from various activities that may occur with-
in these areas. As such, additional precautions are warranted for these specific areas.
Additionally, the buffer zone (zone of contribution) for the 228th Street wellfield reaches Hall
Creek (see Figure 8). This indicates that water from Hall Creek directly recharges a portion of
the aquifer that supplies water to the wellfield. Based on the current modeling, water from the
creek will reach the wellfield within an estimated period of about 18 years. It is recommended
that the District interface with any agencies or entities monitoring water quality along this por-
tion of the creek and request that the Department of Ecology and Snohomish County Environ-
mental Health inform the District of any catastrophic pollution events that may occur in this
reach of Hall Creek.
5.0 References
Anderson, M.P., and Woessner, W.W., 1992; Applied groundwater modeling, simulation of
flow and advective transport; San Diego, Academic Press, Inc.
Golder Associates, Inc., 2008; Hydrogeologic conditions, greater Hall Lake, Hall Creek,
3
m
'>
Chase Lake, Echo Lake, Lake Ballinger, and McAleer Creek watershed, Technical Mem-
2
CL
orandum
E,
Harbaugh, A.W., 2005: MODFLOW-2005, the U.S. Geological Survey modular ground -water
00
model, the ground -water flow process; U.S. Geological Survey Techniques and Methods
o
6-Al 6
N
N
Heath, R.C., Basic groundwater hydrology, 2004; USGS Water Supply Paper 2220, (revised)
E
King County, Department of Natural Resources and Parks, Wastewater Treatment Division,
2003; Brightwater treatment plant, final environmental impact statement, Appendix 6-B
w
(geology and groundwater)
a
Liesch, B.A., Price, C.E., and Walters, K.C., 1963; Geology and groundwater resources of
c
northwest King County, Washington; Washington State Department of Conservation,
0
Water Supply Bulletin No. 20. 3 plates
a
Minard, J.P., 1983; Geologic map of the Edmonds East and Edmonds West Quadrangles,
Washington; USGS Miscellaneous Field Studies, Map MF-1541, scale 1:24,000
Page 12 1686-007A Robinson No Packet Pg. 274
9.2.b
Newcomb, R.C., 1952; Groundwater resources of Snohomish County, Washington; USGS
Water Supply Paper 1135. 2 plates
Pace Engineers, Inc., 2009; Olympic View Water & Sewer District, 2009 comprehensive
water system plan
Penhallegon Associates Consulting Engineers, Inc., and Robinson Noble, Inc., 1999; Olym-
pic View Water & Sewer District, Deer Creek water supply protection plan
Pollock, D.W., 2017; MODPATH v7.2.01, A particle -tracking model for MODFLOW; U.S.
Geological Survey Software Release, 15 December 2017
Robinson Noble, Inc., 2003; Olympic View Water & Sewer District, modification and testing
of the 2281 Street production well
Robinson Noble, Inc., 2015; Olympic View Water & Sewer District, 8605 22811 Street test
well
Robinson Noble, Inc., 2018; Olympic View Water & Sewer District, construction and testing
of Production Well 2
Shannon and Wilson, Inc., 2016; Hydrogeologic report new Madrona K-8 project, 9300 2361n
Street SW, Edmonds, Washington
Thomas, B.E., Wilkenson, J.M., and Embrey, S.S., 1997; The groundwater system and
groundwater quality in western Snohomish County, Washington; USGS Water Re-
sources Investigations Report 96-4312. 9 plates
Washington State Department of Health, 2010; Washington State wellhead protection pro-
gram guidance document, Washington State Department of Health, Environmental
Health Programs, DOH 331-018 (revised)
Woodward, D.G., Packard, F.A., Dion, N.P., and Sumioka, S.S., 1995; Occurrence and quali-
ty of groundwater in southwestern King County, Washington; USGS Water Resources
Investigation Report 92-4098. 4 plates
The statements, conclusions, and recommendations provided in this report are to be exclusively
used within the context of this document. They are based upon generally accepted hydrogeologic
practices and are the result of analysis by Robinson Noble, Inc. staff. This report, and any attach-
ments to it, is for the exclusive use of Olympic View Water & Sewer District. Unless specifically
stated in the document, no warranty, expressed or implied, is made.
Robinson Noble, Inc. 1686-007A P Packet Pg. 275
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Tonight's Meeting A
b What is a CARA?
F Why update the code?
Best available science /
literature review
Update process
Draft code overview
o Next steps
CARAs are areas with a critical
recharging effect on aquifers used for
potable water, including areas where an
aquifer that is a source of drinking water is
vulnerable to contamination that would
What is a affect the potability of the water, or is
CARA? susceptible to reduced recharge.
CARAs are required by and treated as
critical areas under the Growth
Management Act (GMA).
Current Edmonds code (from 2016)
states there are no CARAs in the city
(Chapter 23.60 ECDC)
Why In 2022, City learned there were two
Update? CARAs in Edmonds (Olympic View
Water & Sewer District wellhead
protection areas)
Collaboration with OV yielded BAS, mapping,
and extensive code analysis
.50
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Olympic View Water and Sewer Distnct:
Best Available Science groundwater
modeling provided by Olympic View
(2018)
Olympic View Watershed Protection
Plan (2018 & 2023)
Literature Ecology CARA guidance (2021)
Review Commerce Critical Area Handbook
(2023)
DOH Wellhead Protection Program
Guidance (2017)
Codes from Issaquah, Shoreline, MLT,
Town of Woodway, Snohomish County
Planning Board
Process
May 24, 2023 (Introduction)
R July 12, 2023 (Work Session)
July 24, 2023 (Public Hearing #1, continued
twice, ultimately closed to allow time for
additional work)
9.2.c
a
r October 25, 2023 (Work Session - stormwater)
� November 9, 2023 (SEPA DNS issued, no
comments & not appealed)
r November 29, 2023 (Hearing #2, redline
draft approved)
► January 24, 2024 (Recommendation memo)
Definitions (ECDC 23.40)
Scope (ECDC 23.60.010)
Code Administration (ECDC 23.60.020)
Overview Regulated Activities (ECDC 23.60.030)
Land uses, stormwater
Stormwater Addendum (to ECDC 18.30)
New definitions
Aquifer, critical aquifer recharge area,
deleterious substances, hazardous materials,
hazardous materials inventory, hazardous
CARA-related materials management plan, recharge,
underground injection control well, wellhead
Definitions protection area
Revised definitions
Buffer, mitigation, qualified critical area
consultant
Designation - Deer Creek Springs & 228t" Street
Classification (using DOH travel times)
Class 1 - 6 mo, 1 yr, and 5 year
CARA Class 2 - 10 year
Administration Class 3 -Buffer
Local consultation - OV review of certain City
projects in CARAs (new SFR/MF/commercial
building permits, subdivisions)
Hydrogeologic report required
Land Use
Restrict or prohibit more intense land uses listed in
Table 23.60.030.A
Mineral resource uses, cemeteries, hazardous
liquid pipelines, hazardous/radioactive waste
Regulated storage or procssing, automotive uses, dry
cleaning, solid waste landfills and transfer
Activities stations, petroleum refining or storage,
chemical/metal/wood manufacturing,
hydrocarbon extraction, etc.
Program for management of facilities handling or
storing hazardous materials
Stormwater
J mo nd s
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Proposed stormwater management language
developed to:
Meet the intent of the CARA... minimize loss of
recharge quantity, maintain the protection of
supply wells for public drinking water, and
Stormwater prevent contamination of groundwater
Provide flood protection for Edmonds residents
and businesses
Meet all Department of Ecology stormwater
permit requirements
Managing
Stormwater in
most of
Edmonds
9.2.c
rr
a
Packet Pg. 300
9.2.c
rr
a
Packet Pg. 301
Risk Factors for
Stormwater
Management
in CARAs -
Type of
Stormwater
Control
Bored, drilled, or
driven shaft UIC
Shallow Residential
Infiltration trench
Low Risk
Risk Factors for
Stormwater
Management
in CARAs -
Vadose zone
treatment
capacity
Risk -based
Approach for
228th Street
Wellfield
• risk due to land use
All UICs prohibited
All other infiltration BMPs prohibited
Other feasible means of managing stormwater
► Low risk due to land use
Bored, drilled or driven UICs prohibited
Risk -based
Allowed (low risk stormwatercontrols/low risk
Approach for land use)
Deer Creek Infiltration trenches w/pipes (UICs)
Springs Must treat stormwater before infiltrating (more
strictly than Ecology manual)
No other feasible means of managing
stormwater
9.2.c
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Packet Pg. 306
9.2.c
Packet Pg. 307
Proposed
Treatment
more
prOTeCTive
than Ecology
Manual
Pollutant Loading Classification (Land use)
Dept of Ecology 2019 SWMMWW • • • •
Insignificant •
Low - •
Medium •
High
Vadose Zone Treatment Capacity
Dept of Ecology 2019 SWMMWW • • • •
High •
Medium •
Low •
None • -
Provides direction for implementing the
Stormwater Management code in Chapter
Stormwater 18.30
Addendum Proposed tables for inclusion in Addendum
More protective of aquifers than 2019 Ecology
Stormwater Manual
All bored, drilled, or driven shaft UICs prohibited
in WHPAs (including "holes" and "sinkholes").
Infiltration only means of managing stormwater
in SW Edmonds basins A & B.
Stormwater Proposed requirements for stormwater
Summary infiltration are more protective of aquifers than
current Ecology requirements.
Should Ecology update the requirements in the
next SWMMWW, they will be adopted
automatically, if more protective than the
proposed requirements
Next Steps
No. February 6 - City Council work session,
review PB recommendation memo and
draft code for stormwater, pollution
liability insurance
► February 27 -public hearing
op March 19 -potential action
w/ordinance
► Going forward - update ECDC 23.60 in
the future as new information becomes
available
9.2.d
January 24, 2023
To: Edmonds City Council Members
From: Edmonds Planning Board Members
Subject: CARA Code
Background
The Planning Board (PB) received its first briefing on the Critical Aquifer Recharge Area (CARA) Code on
May 24, 2023 and began its review of the draft code in a work session at the July 12, 2023 PB meeting.
The PB considered the result of Planning Department staff's work with Olympic View Water & Sewer
District (OVWSD) to develop appropriate protections for the groundwater supply of drinking water that
serves a portion of the city's residents. A public hearing was begun at the PB meeting on July 26, 2023,
and carried over to the August 23, 2023 meeting. However, since discussions with OVWSD were
incomplete at that time, particularly in relation to the stormwater code, the PB closed the public hearing
for a later date. Finally, a second public hearing was conducted on November 29, 2023 and the PB
agreed to a recommendation to Council.
During the course of discussing the code, PB members raised several issues of concern that staff
addressed with additional information and revisions. Greywater in the aquifer areas was considered
because of its water conservation value. However, in the end, PB members agreed that it was best to
prohibit greywater in the CARA because it can contain potential contaminants that could infiltrate into
the aquifer, particularly in the areas that are very shallow with no confining layer of soil to provide
protection.
The idea of requiring Pollution Liability Insurance to fund cleanups if there is a spill where a risky use is
allowed was floated in the discussion. Without additional information on how that could work in this
situation, the idea was not incorporated into the recommendation.
Some public comment was received during the public hearing about the potential of new regulations
related to Detached Accessory Dwelling Units (DADUs) and other middle housing having a negative
impact in the CARA. After some consideration, PB members were in consensus that any housing
restrictions related to the CARA should occur in the housing code or policies, not in the CARA code,
especially since the state housing bills exempted those types of housing in CARA designated areas.
During the public hearings, the PB also heard public comment from an individual and OVWSD about the
importance of the stormwater code to providing appropriate protections. Some of those comments were
addressed in the course of discussions between OVWSD and Edmonds Planning Department staff and
were reflected in the final version of the code presented to the PB. A part of the PB recommendation
included modifications to the staff recommended code to accommodate the concerns expressed during
public comment.
Recommendation
Planning Department and Public Works staff were commended at the public hearings by OVWSD for
their collaborative and thorough work on the code. There were two remaining issues that OVWSD
brought to the PB's attention at the public hearing, however. One of the concerns was about mitigation
in the CARAs. The proposed code includes mitigation standards that would apply specifically to CARAs,
Packet Pg. 312
9.2.d
pending review by the state Department of Health. However, individual PB member conversation with
DOH revealed that their position is that there is no mitigation for critical areas because the whole point
is to avoid the problem in the first place. For this reason, the PB recommendation includes the
modification to remove the mitigation section in 23.60.030(D)(1)(C).
The second issue OVWSD identified was of concern to PB members: allowing underground injection
control (UIC) wells in the Deer Creek aquifer, while they were being prohibited in the 228th St. aquifer
area. This form of stormwater control was discussed because the Deer Creek aquifer has areas where
there is no confining layer of soil to allow for any filtering of contaminants from stormwater. PB
discussion evolved around the balance of protecting the aquifer and the limitations of development or
redevelopment in the Deer Creek aquifer where there is no other type of stormwater control available.
Understanding these conflicting interests, the PB considered prohibiting UIC wells only in the area of the
Deer Creek aquifer where there is little or no confining layer, called the QV area of the aquifer. That
compromise was supported by the majority of the PB members, so it was included in the final
recommendation from the PB.
The recommendation to Council from the PB, passed with one member abstaining, is: to recommend
approval of the CARA code as proposed by staff with two modifications: 1) remove mitigation section in
23.60.030(d)(1)(c); and 2) disallow any UIC wells — shallow or drilled — in the QV areas of the Deer Creek
aquifer but allow shallow UIC wells in the other areas of that watershed.
Packet Pg. 313