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2024-03-05 Council Packet1. 2. 3. 4. S. 6. 41 OE LUMG do Agenda Edmonds City Council REGULAR MEETING COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 MARCH 5, 2024, 7:00 PM PERSONS WISHING TO JOIN THIS MEETING VIRTUALLY IN LIEU OF IN -PERSON ATTENDANCE FOR THE PURPOSE OF PROVIDING AUDIENCE COMMENTS CAN CLICK ON OR PASTE THE FOLLOWING ZOOM MEETING LINK INTO A WEB BROWSER USING A COMPUTER OR SMART PHONE: HTTPS:HZOOM. US/J/95798484261 OR COMMENT BY PHONE: US: +1 253 215 8782 WEBINAR ID: 957 9848 4261 THOSE COMMENTING USING A COMPUTER OR SMART PHONE ARE INSTRUCTED TO RAISE A VIRTUAL HAND TO BE RECOGNIZED. PERSONS WISHING TO PROVIDE AUDIENCE COMMENTS BY DIAL -UP PHONE ARE INSTRUCTED TO PRESS *9 TO RAISE A HAND. WHEN PROMPTED, PRESS *6 TO UNMUTE. WHEN YOUR COMMENTS ARE CONCLUDED, PLEASE LEAVE THE ZOOM MEETING AND OBSERVE THE REMAINDER OF THE MEETING ON THE COUNCIL MEETINGS WEB PAGE. REGULAR COUNCIL MEETINGS BEGINNING AT 7:00 PM ARE STREAMED LIVE ON THE COUNCIL MEETING WEBPAGE, COMCAST CHANNEL 21, AND ZIPLY CHANNEL 39. "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 ROLL CALL PRESENTATIONS 1. 2023 Prosecutor's Office Annual Report (15 min) 2. Annual Presentation from the Edmonds Center for the Arts (30 min) APPROVAL OF THE AGENDA AUDIENCE COMMENTS 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 Edmonds City Council Agenda March 5, 2024 Page 1 THREE MINUTES. PLEASE STATE CLEARLY YOUR NAME AND CITY OF RESIDENCE. 7. RECEIVED FOR FILING 1. Claim for Damages for filing (0 min) 2. Written Public Comments (0 min) 8. APPROVAL OF THE CONSENT AGENDA 1. Approval of Regular Meeting Minutes February 20, 2024 2. Approval of claim checks and wire payment. 3. Title 19 Building and Fire Codes 9. COUNCIL BUSINESS 1. December 2023 Quarterly Report (20 min) 2. Consideration of Change of Council Meeting Minutes Style (15 min) 10. MAYOR'S COMMENTS 11. COUNCIL COMMENTS ADJOURNMENT Edmonds City Council Agenda March 5, 2024 Page 2 4.1 City Council Agenda Item Meeting Date: 03/5/2024 2023 Prosecutor's Office Annual Report Staff Lead: Emily W. for Zachor Thomas, Prosecutor's Office Department: Human Resources Preparer: Emily Wagener Background/History The City changed prosecution services in July of 2023 to the Walls Law Firm. The Walls Law Firm has provided an Annual Report for their time providing prosecution services for the City in 2023. Staff Recommendation None. Narrative The Walls Law Firm has provided an Annual Report for 2023. Attachments: 2023 Walls Law Firm Annual Report Packet Pg. 3 4.1.a 2023 Annual Report City of Edmonds Prosecuting Attorney - - .. rz r. >n es ae u�svv Ov7Mf��•rr � � THE WALLS LAW FIRM Packet Pg. 4 4.1.a Introduction The Walls Law Firm has provided prosecution services for municipalities since its formation in 2011 and are proud to be the prosecutors for the City of Edmonds. We came on board on July 9, 2023 and have served Edmonds for the past eight months — five of which were in 2023. As such, our annual report for 2023 will serve more as an introduction in addition to a status update. The Walls Law Firm consists of two attorneys, two paralegals, and one legal assistant. Renee Walls is the prosecutor assigned to the City of Edmonds. Aaron Walls handles appeals as needed, and forfeiture cases. Kim Obermeyer is the assigned paralegal and Irma Salinas is the legal assistant. Staff Renee Walls Renee is the managing partner of the Walls Law Firm. She was born in Seoul, South Korea and immigrated to the United States when she was two years old. One of her first jobs was as a prosecutor at the City of Federal Way where she met her husband, Aaron Walls, who was born and raised in the City of Edmonds. She has been a prosecutor for the past twenty-four years in district and municipal courts. She has also been a pro tem judge since 2009 and completed a limited term appointment to the King County Superior Court bench immediately prior to coming to the City of Edmonds. Renee has experience dealing with cases ranging from misdemeanor property crimes, domestic violence, to homicides. She is happy to bring her experience to the City of Edmonds and to continue to grow in a city that has been a part of lives of the Walls family for quite some time. Packet Pg. 5 4.1.a Aaron Walls Aaron is Partner at the Walls Law Firm. He was born and raised in the City of Edmonds. His parents have lived in Edmonds since the 1960s and Aaron graduated from Edmonds High School. Aaron has been an attorney for twenty-eight years — serving as a public defender and, for the past twenty-five years, as a prosecutor. He has served as the Chief Prosecutor and Deputy City Attorney for Federal Way and as a Deputy Prosecutor for the County of Okanogan. He has argued appeals at all levels of Washington courts — from hearings examiners to the Washington State Supreme Court. Kim Obermeyer Kim grew up in the cold of Illinois and then moved to Washington State. Kim has over 20 years of experience working as a paralegal. She worked with Renee at Kenyon Disend when Renee started in 2005. She came with Renee and helped open the Walls Law Firm in 2011 and they have been working together for the past nineteen years. Packet Pg. 6 4.1.a Irma Salinas Irma was born and raised in Washington and lived in Chihuahua, Mexico. She is bilingual and reads and writes Spanish fluently. Before joining the Walls Law Firm, she spent the previous seven years working as a clerk at the Pasco Police Department. New Case Filings Below are the criminal and civil case filings for 2022 and 2023. Appeals When the Walls Law Firm began in July of 2023 there was a pending RAU appeal regarding Driving While License Suspended 1st Degree crimes and Driving While License Suspended 2nd Degree crimes. Prior to our tenure Zachor, Stock & Krepps, Inc., P.S. (aka ZSK) filed an appeal into the Snohomish County Superior Court after evidence from the Washington State Department of Licensing was suppressed at the trial court level that was material in order to prove such crimes beyond a reasonable doubt. ZSK filed the briefing and Aaron Walls appeared for the oral arguments on behalf of the City of Edmonds. There were two cases that were consolidated and argued addressing DWLS 2nd Degree cases and two cases consolidated and Packet Pg. 7 4.1.a argued addressing DWLS 1st Degree cases. The City was not successful in these appeals. This was as expected. This issue has been argued in various jurisdictions with the same result. Although this is the annual report for 2023, we recently received the written decisions in these cases and thought it was important to include them in this update. The Superior Court ruled that the license revocation was void and the cases were properly dismissed. Theft Cases in Communitv Court There is a significant amount of Theft cases in the City of Edmonds. We have moved many of these cases to the Community Court where the defendants can have better access to resources. The prosecution has offered pretrial diversions (SOC) in some theft cases. As a condition the defendant must meet with probation for a needs assessment and show proof that they have contacted these services providers. Codification of SB 5536 SB 5536 was discussed during the annual reports to the City Council in 2022 which addressed knowing possession of controlled substances and the requirements regarding dispositions in those cases, which in now codified, in part, under RCW 69.50.4017. Under this statute, the prosecution is strongly encouraged to consent to resolve these cases in therapeutic courts, such as community courts, if available, by means of pretrial diversions such as stipulated order of continuance (SOC). An SOC is a contract between the city and the defendant wherein the defendant agrees to complete certain conditions and in return the city agrees to dismiss the charge(s) upon successful completion of those conditions. If the terms are not successfully completed then the city moves to revoke the SOC and the court, if the motion is granted, conducts a stipulated facts trial, and if found guilty then proceeds to sentencing. In the context of knowing possession of drug charges there is a treatment requirement. The defendant meets with probation and then completes a chemical dependency evaluation prior to entering the SOC in community court. In discussions with other jurisdictions as well as our expectations in the other cities for which we provide prosecution services, the general expectation was that there would be a significant increase in filings for these crimes. Although SB 5536 went into effect in July 2023 it Packet Pg. 8 4.1.a was not enforced by numerous jurisdictions, based on uncertainty in drafting, until August 2023. Anecdotally across the board, there does not seem to be the anticipated increase in crimes charged. Conclusion It has been a pleasure serving the City of Edmonds and we look forward to working with the City in 2024. We would like to thank the Council for giving us this opportunity. We would like to thank the police department for working with us to make the transition so smooth. It has truly been a pleasure. The court as well has been incredibly responsive to all our needs. I would also like to thank Zachor, Stock and Krepps for working so diligently with us during this transfer period. They have been incredibly gracious and extremely helpful. This concludes the 2023 Prosecutor's Annual Report to the City Council. Packet Pg. 9 4.2 City Council Agenda Item Meeting Date: 03/5/2024 Annual Presentation from the Edmonds Center for the Arts Staff Lead: Dave Turley Department: Administrative Services Preparer: Dave Turley Background/History The Edmonds Public Facilities District / Edmonds Center for the Arts, as a component unit of the City of Edmonds, shares a presentation annually with Council. Staff Recommendation No recommendation, presentation only. Narrative N/A Attachments: 2024 City of Edmonds Presentation Packet Pg. 10 V-4 i. EPFD 2024 Annual Presentation Packet Pg. 11 mw 4.2.a - Creation and History of Edmonds Public Facilites District (EPFD) and Edmonds Center for the Arts (ECA) Relationship between EPFD and the City of Edmonds - The ECA 501(63 nonprofit rr Packet Pg. 12 EDMONDS CENTER FOR THE ARTS MISSION To celebrate the performing arts, strengthen and inspire our community, and steward the development and creative use of the ECA Campus. Q Packet Pg. 13 • Program a robust and multi -genre performance season, bringing diverse artists of the highest quality to Edmonds • Serve our Edmonds and Snohomish community through education and outreach activities that cover both breadth and depth, including our educational programs for schoolchildren, senior -focused arts therapy programs, and arts enrichment programs for general audiences • Host and serve community, regional, national, and international organizations through an active rental program, including Long-time partners Cascade Symphony Orchestra, Olympic Ballet Theatre, and Cno King Community Chorale. Packet ., - Transition and Search Process ■ Nearly year -long process ■ National Search Firm - Founding Executive Director Joe Mclalwain departed ECA after 17 years of service on August 31, 2023 - Lori Meagherserved as Interim Executive Director through the transition until f November 1, 2023. -� -, - Kathy Liu joined as ECA's new Executive Director November 1, 2023 - 2023/2024 Season The Manhattan Transfer I September 22 Indigo Girls I September 27 Nearly Dan I October 14 Vienna Boys Choir I October 18 Eli "Paperboy" Reed vs Harlem Gospel Travelers I October 19 Herb Albert & Lani Hall I October 21 Mariachi Herencia de Mexico I October 25 Lyric & Spirit I October 28 Lindy West I November 9 Jenny & The Mexicats I November 11 Seattle Int'I Comedy I November 15 An Evening with Amanda Knox I November 29 Mark O'Connor's An Appalachian Christmas I December 4 Amy Hanaiali'I I January 20 Pink Martini ft. China Forbes I January 25 Marc Cohn IJanuary 28 Michael Cavanaugh I February 8 Storm Large I February 14 CelloGayageum I February 15 Alan Doyle I February 25 WE SPEAK Festival I March 1 God is a Scottish Drag Queen: The 2nd Coming I March 2 Leahy I March 6 Time for Three I March 15 Radical System Art I March 23 Pamyua I April 4 Oumou Sangare I April 6 All Thing Equal: The Life & Trials of RGB I April 17 Roger McGuinn I April 20 Colin & Brad: Scared Scriptless I April 26 .I- 31% nce Members 14% 7% Edmonds Seattle Lynwood Bothell (including King Co. residents) Everett Kirkland Other Snohomish County Cities Combined All other locations outside of Snohomish County, including national and international visitors Packet Pg. 17 Education & Community Engagement Serving nearly 4,500 annually Youth and general engagement programs include: - Student Matinees - In -School workshops in the Edmonds School District (8 schools in 23/24 season) - Summer camps - Professional development for teachers - Pre -show talks On January 27, the return of Kidstock! separately brought 1,500 attendees to ECA, comprised of young families with children under 12. VP Ak IVA r 0- Education & Community En( Senior programs include: Dementia -Inclusive ser Windows to the Arts 2023/2024Rentals Hula O Lehualani Kristina Orbakaite Artemidorus: A Pink Floyd Experience ASHA for Education Tamil Band Ballyhoo Barclay Shelton Dance Theatrics Cascade Symphony Orchestra Celtic Arts Foundation Cherry Orchard Festival Community Christian Fellowship The Daily Herald Demiero Jazz Festival Don Friesen Edmonds College Edmonds Jazz Connection Edmonds PTA Edmonds School District Edmonds Woodway High School Eva Ayllon Eternamente Criolla EXEM Entertainment Faramarz Aslani Golden Dancers Gothard Sisters Grand Kyiv Ballet Meadowdale High School Mosaic Arts NW Multicultural Association of Edmonds Nana I Ke Kualu Pono North Queen Drill Team Northwest Sherpa Association O Christmas Tea Olympic Ballet Theatre PACE Live PIMA Graduation Rhythm & Soul Dance Company Rick Steves Travel Talks Rock it Boy Entertainment Scratch Distillery Seattle Film Festival Seattle Festival Orchestra Sno-King Community Chorale Sno-King Music Educators Association US Air Force Band Valeriy Meladze Washington School of Dance World Ballet Art Competition Youth America Grand Prix 14 Lunar New Year Edmonds Celebration 9 ra JLW �11 #� Mosaic Choir ..; KO"AmERrAX UAY ' _Eo�111oi ♦ F ♦ �� WWY11I16AM7lY tlT AWAUX "WAM0*:.wp"m / ry1ttlE. = NYtl4ltlA Y�+�9C �: Korean American Day 2023 Rentals 160 140 120 100 80 Classroom Edmonds Public Facilities District 75 97 Gym Lobby Theater 110 FY2022 Audit Results � FY2022 financial audit only o Unmodified Opinion Issued o No material misstatements identified o No uncorrected misstatements in the audited financial statements nternal control deficiency finding o Related to the implementation of GASB87, Leases ■ Correction taken during audit process With restatement of financials o Additional measures to restore strength of internal controls: ■ Utilization of State Auditor's Office Year -End Checklist ■ Accounting team trained on upcoming GASB pronouncements ■ Updated financial policies & procedures manual ■ Associate ED review of year-end financial statements a documented process ■ Meeting scheduled for ECA's Associate ED and CoE's Deputy Director of Administrative Services on 3/14/2024 0 FY2023 Will be both financial and accountability audits Edmonds Public Facilities District a Packet Pg. 22 Edmonds � 4_ Public Facilities District FY2o23 Tota l Revenue $4-57M Financial Update Events. Rentals & Leases Advertising Education and Outreach r Contributions & Operating Grant Non- Operating Revenue $426K 11% $238K 6% edmonds center for the FY2023 Preliminary Financic- Operating Loss ($45 Total Net Profit $6: $618K 16% FY2o23 Total Expenses $3.g6M $1.67M 42% Fw IA Events. Rentals & Lease'. $75K Advertising and Marketir 2% ■Education and Outreach $130 ■ Development ■Wages & Benefits ■Facilities Maintenance & General & Administratioi Non- Operating Expense 4.2.a VIELVIEW DlItloc rr Budget % of FY2024 FY2023 FY2022 Change Amounts in thousands FY23/FY22 Operating Revenue 1719 29882 21624 9.83% Operating Expenses 49114 39341 1287 1.64% Operating Surplus (Loss) (395) (459) (523) -13.9 Budget % of FY 2024 FY2023 FY2022 Change Amounts in thousands FY23/FY22 Number of Events 196 183 141 29.8o Number of Attendees 74,625 67,684 489043 38.70 Total FTE's 28.4 24.2 2o.8 16.30 Revenue per FTE 131 127 126 0.80 N C 0 E w m w E 0 0 _ a _ a 0 m L a 0 E W 0 U N O w 0 E m 0 a Packet Pg. 24 Projected Repayment of Loan from the City of Edmonds 1,200,000 200,000 2023 1 2024 2025 2026 2027 2028 2029 Outstanding Loan Amount at EOY 987,697 895,026 739,861 573,231 396,228 208,165 11,937 200,000 - Estimated Interest Accrued* I Projected Loan Payments 55,316 57,329 44,835 33,370 22,997 6,295 1 150,000 150,000 200,000 200,000 1 200,000 214,460 Outstanding Loan Amount at EOY Edmonds Public Facilities District Estimated Interest Accrued* Projected Loan Payments krT COMING SOON - 24/25 season New Strategic Plan development Building envelope study and campus future 7 6 a pet Pg. 26 Edmonds Public Facilities District / Edmonds Center for the Arts is grateful to the City of Edmonds for your long-standing support and partnership. ECA was born of the City, and endeavors to be the cultural hub of the City - a gathering place for entertainment, celebration, and community connection. Your ongoing support is deeply appreciated and is critical to ECA's long-term health and vitality. Edmonds Public Facilities District edmonds center for the arts r� 7.1 City Council Agenda Item Meeting Date: 03/5/2024 Claim for Damages for filing Staff Lead: NA Department: Administrative Services Preparer: Marissa Cain Background/History N/A Staff Recommendation Acknowledge receipt of Claims for Damages for filing. Narrative Samuel Cothren 220th St SW ($5,324.78) Michelle Martin 1215th Avenue North ($375,000.00) Attachments: Claim for Damages - Samuel Cothren - for council Claim for Damages - Michelle Martin - for council Packet Pg. 29 7.1.a CITY OF EDMONDS CLAIM FOR DAMAGES FORM Date Claim Form Received by City Please take note that Allstate a/s/o SAMUEL COTHREN , who currently resides at , mailing address home phone # , work phone # and who resided at at the time of the occurrence and whose date of birth is , is claiming damages against CITY OF EDMONDS in the sum of $ 5,324.78 arising out of the following circumstances listed below. DATE OF OCCURRENCE: 10/2/2023 LOCATION OF OCCURRENCE: 220th St SW DESCRIPTION: TIME: 3:49 PM 1. Describe the conduct and circumstance that brought about the injury or damage. Also describe the injury or damage. Intersection accident (attach an extra sheet for additional information, if needed) 2. Provide a list of witnesses, if applicable, to the occurrence including names, addresses, and phone numbers. 3. Attach copies of all documentation relating to expenses, injuries, losses, and/or estimates for repair. 4 Have you submitted a claim for damages to your insurance company? If so, please provide the name of the insurance company: Allstate Insurance Company and the policy #: x Yes No E V Form Revised 07/16/09 Page I of 2 Packet Pg. 30 7.1.a NOTE: THIS FORM MUST BE SIGNED AND NOTARIZED'' * 1, SAMUEL COTHREN , being first duly sworn, depose and say that I am the claimant for the above described; that I have read the above claim, know the contents thereof and believe the same to be true. SAMUELCOTHREN State of Washington County of Snohomish Signature of Claimant(s) I certify that I know or have satisfactory evidence that SAMUEL COTHREN is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: Signature Title II, My appointment expires: Please present the completed claim form to P� . SHALONDA LITTLEJOHN Notary Public, State of Texas .Fv3 Comm. Expires 06-10-2025 Notary ID 133149859 City Clerk's Office City of Edmonds 121 5th Avenue North Edmonds, WA, 98020 8:00 a.m. to 4:30 p.m. E V Form Revised 07/16/09 Page 2 of 2 Packet Pg. 31 7.1.b CITY OF EDMONDS CLAIM FOR DAMAGES FORM Date Claim Form Received by City Please take note that Michelle Martin , who currently resides at home phone # mailing address , work phone # and who resided at same as above at the time of the occurrence and whose date of birth is , is claiming damages against in the sum of $ 375,000 arising out of the following circumstances listed below w m DATE OF OCCURRENCE: please see attached statement TIME: please see attached statement E LOCATION OF OCCURRENCE: please see attached statement o L DESCRIPTION: E ca 1. Describe the conduct and circumstance that brought about the injury or damage. Also describe the injury or damage. U please see attached statement _ (attach an extra sheet for additional information, if needed) 2. Provide a list of witnesses, if applicable, to the occurrence including names, addresses, and phone numbers. please see attached statement 3. Attach copies of all documentation relating to expenses, injuries, losses, and/or estimates for repair. 4. Have you submitted a claim for damages to your insurance company? Yes X No If so, please provide the name of the insurance company: and the policy #: * * ADDITIONAL INFORMATION REQUIRED FOR AUTOMOBILE CLAIMS ONLY License Plate # Driver License # Type Auto: (year) (make) (model) DRIVER: OWNER: Address: Address: Phone#: Phone#: Passengers: Name: Name: Address: Address: Form Revised 04/09/2021 page I of 2 Packet Pg. 32 7.1.b This Claim form must be signed by the Claimant, a person holding a written power of attorney from the Claimant, by the attorney in fact for the Claimant, by an attorney admitted to practice in Washington State on the Claimant's behalf, or by a court -approved guardian or guardian ad litem on behalf of the Claimant. I declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Si ure of Claimant Date and place (residential address, city and county) O 2/21/2024 PO Box 7443, Covington, WA 98042 ignature of Representative Date and place (residential address, city and county) Robert Kim 25042 Print Name of Representative Bar Number (if applicable) Please present the completed claim form to: City Clerk's Office City of Edmonds 121 5t" Avenue North Edmonds, WA, 98020 8:00 a.m. to 4:30 p.m. m M E 0 L E 2 U Form Revised 04/09/2021 Page 2 of 2 Packet Pg. 33 7.1.b Michelle Martin Claim Statement I have been with the City of Edmonds ("City") for over four years. I was hired to provide (and continue to provide) Senior Administrative Support for the Development Services Director, Planning Manager, and six full time planners, including Associate Level and Senior Planners within the Planning & Development Department ("Department"). In addition, I have been asked and have willingly and dutifully provided support in other areas of the Department and am frequently called upon to back up front desk Department personnel. I have also covered the Administrative Assistant, Executive Administrative Assistant & Sr. Administrative Assistant level roles/job duties. Outside of one dubious and erroneous evaluation review that was concocted by most recent supervisor David Levitan (Director) and Sarah McLaughlin (Director of Developmental Services) without my knowledge and was actually placed into my personnel file again without my knowledge for over several weeks (which I was unable to rebut), I have always received high marks for competency and job performance during my current tenure with the City and the Department. In summary, I did myjob well and actually did the job functions of other positions well concurrently with my own. In July of 2022, 1 realized that the Parks and Recreation Executive Assistant and Public Works Executive job duties were nearly identical to my own for over 95% of the job functions listed for both positions. I decided to request reclassification, something which many of my white peers had done and have done and received without any issue or problems. My then direct supervisor agreed with me that reclassification was proper and accurate in terms of what I actually did for the City and the Department. More than one E 2 U Packet Pg. 34 7.1.b year later, my reclassification request was officially denied. During this time, prior and after, reclassification requests of my white counterparts were approved, or these white peers were promoted. Also, during this time, I had filed complaints of retaliation, discrimination for the inequitable pay and continued ignoring of my reclassification request against David and Sarah, and sexual harassment against David, who resigned under strange but well-known circumstances. The City followed the usual protocol of hiring outside attorneys to conduct their standard and usual `fact-finding mission and investigation,' one of which ended with predictable conclusions drawn. It was predictable because the investigator conveniently did not question witnesses I listed and left out key facts. The investigatory conclusion was set up to unsustain my complaints. There is one pending investigation with another outside attorney, but I suspect the end result will be the same. No outside attorney who is hired by this or any other City will `cut off the hands that feed them: I am in multiple protected legal classes: (1) 1 am over 40 years of age, (2) a woman, (3) and very much an African American. It is illegal for the City to treat its employees in a disparate manner if (1) she belongs to a protected class, (2) she was treated less favorably in the terms or conditions of employment, (3) a similarly situated employees outside of the protected class received the benefit, and (4) the employees were doing substantially the same work. I have done the same and greater work then my white counterparts and have the same or higher credentials as compared to my white peers. The only difference between me and my peers who received reclassifications or outright promotions is that I am an African American. I do not belong to the same race as my aforementioned peers. E 2 U Packet Pg. 35 7.1.b McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), Hiatt v. Rockwell Int'l Corp., 26 F.3d 761, 770 (7th Cir. 1994); Aragon v. Republic Silver State Disposal, Inc., 292 F.3d 654, 658 (9th Cir.2002); Desert Palace, Inc. v. Costa, U.S.123 S.Ct. 2148, 2155, 156 L.Ed.2d 84 (U.S. 2003). It is also an unfair employment practice for any employer to discharge, expel, or otherwise discriminate against any person because he or she has opposed any practices forbidden under Title VII and/or State law. The employer violates this provision if an employee has (1) engaged in statutorily protected activity, (2) an adverse employment action was taken, and (3) a causal link exists between the employee's activity and the E 2 U employer's adverse action. Yartzoff v. Thomas, 809 F.2d 1371, 1375 (9th Cir. 1987); Little v. Windermere Relocation, Inc., 301 F.3d 958, 969 (9th Cir. 2001); Godwin v. Hunt Wesson, Inc., 150 F.3d 1217, 1220 (9th Cir. 1998) (quoting Texas Dep't of Cmty. Affairs v. Burdine, 450 U.S. 248, 256, 101 S. Ct. 1089, 67 L. Ed. 2d 207 (1981)). 1 requested reclassification, which was my right to do under the normal labor protocol and practice at the City. I filed complaints concerning retaliation, discrimination, and sexual harassment against the City and my recent supervisor during the same time I had requested reclassification in a similar vein that my white peers had done and were approved. Naturally, the City rejected my reclassification request. Instead of separating my harasser (David Levitan) from me by putting the accused on administrative leave, the City put ME on administrative leave. And recently upon my return from stress induced FMLA leave, the City has now brazenly taken away many of my duties germane to Executive or Senior level job duties of the position and given them to my white counterparts. In essence, the City has marginalized my work in the Packet Pg. 36 7.1.b City and me as an employee of the City. In fact, the City has placed me on a reboarding program as a de facto new employee without discussion or explanation. This is retaliatory and the City's way of `mitigating' by making my historical job functions disappear no longer, in their minds, making the reclassification or promotional issues moot. Both actions were a direct result of my reclassification request and complaints of retaliation, racial discrimination, and sexual harassment. I was punished for standing up for myself on the basis of inequitable treatment regarding my pay and standing up against a sexual harasser and workplace bully, who now laughingly has accused me (and by default the City) of conspiring to get rid of him when he is the one who harassed me and treated me in a disparate manner and he is the one who resigned willingly. I am claiming racial discrimination and inequitable pay, retaliation for making complaints, and sexual harassment against my most recent supervisor who has shown his true colors by his current actions against the City (via me, his victim) under WLAD, Title VII, and all relevant and pertinent laws. Michelle Martin E U Packet Pg. 37 7.2 City Council Agenda Item Meeting Date: 03/5/2024 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 February 20, 2024 and February 26, 2024. Attachments: Public Comment March 5, 2024 Packet Pg. 38 7.2.a Edmonds City Council Public Comments — March 5, 2024 Online Form 2024-02-20 07:25 PM(MST) was submitted by Guest on 2/20/2024 9:25:07 PM (GMT- 07:00) US/Arizona FirstName Natalie LastName Seitz Email CityOfResidence Edmonds AgendaTopic Agenda Item 9.1 and 9.3 Comments Good evening, I would like to comment in support of the Mee property purchase and investment of City in publicly maintained trees in the SR-99 corridor. Keep up the good work! With regard to item 9.3, 1 would like for the police to provide reference information (aka citations) for the information contained on slide 52 of their presentation. The slide fails to note that the lack of investment in local circulation, as identified in the Community renewal plan, pushes local traffic onto high traffic streets like highway 99. The presentation also fails to note that folks are more likely to be in accidents close to where they live. So what does it say that punitive measures are being installed in the more diverse and lower income areas of Edmonds? Why does downtown get crosswalks for traffic safety concerns ( https://myedmondsnews.com/2015/02/official-new-sr-104-crosswalk-now-open/) and the east side of this city gets traffic cameras? If there is revenue generated from this, I hope that the City will dedicate that funding to improving pedestrian and transportation safety on the streets from which it was extracted. Thank you for your time and consideration of these comments. Online Form 2024-02-24 11:19 AM(MST) was submitted by Guest on 2/24/2024 1:19:46 PM (GMT- 07:00) US/Arizona FirstName Adriaan LastName Wakefield Email CityOfResidence Edmonds AgendaTopic Traffic Safety Cameras Comments I am writing to express my concern regarding the considered use of red light cameras as a purported solution to traffic safety issues in Edmonds. While the intention behind implementing such cameras may be to reduce accidents and improve road safety, the evidence suggests otherwise. Numerous studies and analyses have shown that the presence of red light cameras does not necessarily correlate with a decrease in accidents. In fact, some research indicates that these cameras may even lead to an increase in certain types of accidents, such as rear -end collisions, as drivers may slam on their brakes to avoid a ticket. For instance, a comprehensive study done in Houston (https://www.scientificamerican.com/article/red-light-cameras-may-not-make-streets-safer/) where the eventually removed the red lights found that red light cameras did not significantly reduce the number e Packet Pg. 39 7.2.a Edmonds City Council Public Comments — March 5, 2024 of accidents at intersections where they were installed. Instead, the study observed shifts in accident patterns, with reductions in some types of accidents being offset by increases in others. Furthermore, data, or a lack there of, from the Lynnwood police chief (https://www.heraldnet.com/news/traffic- enforcement-camera-debate-resurfaces-in-lynnwood/) supports the notion that the efficacy of red light cameras in preventing accidents in our city is questionable at best. They admit their data is not scientific just anecdotal. Lynnwood reports that 86% of citations are given to people outside of Lynnwood! This should prove more than anything that cameras are no deterrent as only the ones who know about them are deterred. School speed zone cameras as well are merely reactive when you could simply place speed bumps which would proactively slow drivers down! Just ask yourself this — if your child was stepping into the crosswalk by one of these schools, and a car going 50mph was coming around a corner or over a hill would you rather there be a giant speed bump 30 yards before and after that crosswalk or a sign saying camera speed enforcement in effect? It is such an obvious, common sense answer yet we choose city revenue over child safety every time. Given all this evidence, I urge the city of Edmonds to reconsider its reliance on red light cameras as a primary means of promoting traffic safety. Instead, I encourage the exploration of alternative strategies that have demonstrated effectiveness in reducing accidents, such as improved traffic signal timing, enhanced visibility measures, speed bumps, and targeted enforcement efforts. Punishing people for rolling through a red light on a right turn at 9pm when no one is on the road is not preventing accidents. It is crucial that any decisions regarding traffic safety initiatives be grounded in robust evidence. Thank you! Online Form 2024-02-24 09:54 PM(MST) was submitted by Guest on 2/24/2024 11:54:41 PM (GMT- 07:00) US/Arizona FirstName Judy LastName Chung CityOfResidence Edmonds AgendaTopic Waterfront Center - exclusive catering Comments I wanted to share thoughts that I have heard from others as well, that the exclusive catering agreement that the Waterfront Center has entered into is very unfortunate for those in the community who do not have the means for such a high cost option. For example, the local kids sports clubs are always looking for a place to celebrate end of the season parties, but do not have the budgets to afford Shooby Doo, and would not be interested in the fancy food options they offer. Instead, our local sports team (Edmonds FC Soccer), for example, chose to rent a wonderful room at the Mukilteo Rosehill Community Center -- offering an amazing room with views of the water, but flexibility to use the room as we chose with food that fit our budget. I realize that Shooby Doo was probably a strong financial supporter of the waterfront center, but when you add strings that make usage contingent on being higher income, you are no longer serving as a community center but more like an exclusive "club" for the wealthy. It does not recognize the economic diversity of the Edmonds community overall. Thank you for listening and considering a change that allows all community members in Edmonds to enjoy this wonderful facility. Judy Chung Packet Pg. 40 8.1 City Council Agenda Item Meeting Date: 03/5/2024 Approval of Regular Meeting Minutes February 20, 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: 2024-02-20 Council Minutes Packet Pg. 41 8.1.a EDMONDS CITY COUNCIL MEETING DRAFT MINUTES February 20, 2024 ELECTED OFFICIALS PRESENT Mike Rosen, Mayor Vivian Olson, Council President Chris Eck, Councilmember Will Chen, Councilmember Neil Tibbott, Councilmember Michelle Dotsch, Councilmember Susan Paine, Councilmember Jenna Nand, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Michelle Bennett, Police Chief Rod Sniffen, Assistant Police Chief Angie Feser, Parks, Rec., & Human Serv. Dir. Susan McLaughlin, Planning & Dev. Dir. Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator The Edmonds City Council meeting was called to order at 6:59 pm by Mayor Rosen in the Council Chambers, 250 5t' Avenue North, Edmonds, and virtually. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Council President Olson 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 2023 PUBLIC DEFENDER'S OFFICE ANNUAL REPORT Kathleen Kyle, Executive Director, Snohomish County Public Defender Association, reviewed: "Of all the rights that an accused person has, the right to be represented by counsel is by far the most pervasive for it affects his ability to assert any other rights he may have." United States v. Cronic, 466 U.S. 648, 654 (1984) 2023 Defenders o Blake Wessinger o Katie Fraser o Alexandra Burton Edmonds City Council Draft Minutes February 20, 2024 Page 1 Packet Pg. 42 8.1.a o Julie Tangatailoa-Havea o Shawn Plascencia • 2024 Defenders o Julie Tangatailoa-Havea o Colin McMahon o Emily Stratmeyer o Steven Aslin 2023 Core Skills Training Schedule o List of 18 training sessions provided in September 2023 for defenders in SCPDA o Recorded and available for defenders to watch as needed in the course of their representation o Training included Larry Jefferson, Director of Washington State Office of Public Defense and Brendan Woods, Director of Alameda County Public Defender talking about community engagement On Call Team — 24/7 Attorney Consultations o Lily Parker o Christine Council President Olson o Ali Burton o Abby Aldridge o Catherine Bentley o Chelsa Perilla o Melissa London o Taylor Severns o Dan Snyder o Rachel Stone o Colin McMahon o Ana Faoro Youth Access to Counsel o New program in 2021/2022 as a result of legislative reform ■ Opportunity for youth and parents to have rights explained to them o Erika Bieyl o Max Mesinger o Rachel Ryon o Elaine Whaley o Gabriel Rothstein o Emily Stratmeyer Data Review o Cases Assigned by Year — Comparing 2021, 2022 & 2023 2021 2022 2023 2024 o Top Charges — Comparing 2021, 2022 & 2023 Edmonds City Council Draft Minutes February 20, 2024 Page 2 Packet Pg. 43 8.1.a Theft Criminal Trespass DV DUI 0 50 100 150 200 ■ 2023 ■ 2022 ■ 2021 o Assignments by Quarter - Comparing 2021, 2022 & 2023 Q1 Q2 Q3 Q4 ■ 2023 ■ 2022 ■ 2021 0 2023 Investigations and Social Worker Requests by Quarter 20 0 1_ 1 _ I. I. ■ Investigation Requests ■ Social Worker Requests o In response to a question from Councilmember Chen last year regarding the number of interpreters ■ List of 36 languages reported to AOC used in Snohomish County Courts of Limited Jurisdiction 2017 to 2022 - AOC analysis found primary languages reported in Snohomish County Courts of Limited Jurisdiction were Spanish, Mandarin, Marshallese, and Swahili 0 2024 February Point in Time - Attorney Workloads - Number of Cases Opened by Attorney ■ Attorney 1: 97 ■ Attorney 2: 94 o Other Workload Measures ■ 76 Investigator Requests ■ 9 Immigration Consultations ■ 22 Social Worker Assignments ■ 37 Stipulated Orders of Continuances (SOC) ■ 1 Jury Trial ■ 271 Show Cause Hearings ■ 315 Dismissals • 2023 SCPDA Programming 0 47 Continuing Legal Education Classes 0 20 SCPDA Coffee Breaks 0 31 Anti -racism Training Meetings 0 8 Trauma Processing Group Meetings 0 8 Spanish speaking employees using language skills on the job 0 5 Defenders attended the National Association Public Defense Racial Justice Conference. Special thanks for the grant funding from Snohomish County Office of Social Justice. Edmonds City Council Draft Minutes February 20, 2024 Page 3 Packet Pg. 44 8.1.a Photo of NAPD Racial Justice Conference 2023, Montgomery, Alabama Black History Month SCPDA Events o Thursday, February 1: Join us for a gam of "Oppressionopoloy" o Friday, February 9 — Recognizing Implicit Bias CLE o Monday, February 12 — Othering and Complicit Counsel CLE o Friday, February 23 — Interrupting Implicit Bias CLE o Thursday, February 29 — Hip Hop and the Racial Justice Movement CLE Limited Civil Legal Aid — Office of Civil Legal Aid o Grant from Washington State Office Civil Legal Aid o SCPDA launched Civil Legal Aid Program in October 2023 o Main purpose is reducing the harmful impacts of the War on Drugs o SCPDA is targeting people already in court -involved o Other identified needs: driver's and professional relicensing, vacating old criminal convictions, family law issues, housing, employment and education. o SCPDA has expanded its initial focus in including people participating in Recovery Court, people without driver's license, and people facing contempt proceedings for nonpayment of child support Community Involvement o Edmonds Community Court o Snohomish County Human Services — Trueblood Housing Vouchers o Housing Consortium of Everett & Snohomish County o Snohomish County Juvenile Court Cultural Advisory Committee o Washington State Bar Association, Council on Public Defense o Washington State Sex Offender Policy Board, subcommittee members o Washington Defender Association o Washington Association of Criminal Defense Attorneys o Washington State Bar Association Character and Fitness Board o Teach in programs at UW School of Law and Edmonds College o Cocoon House, board member First public defender leader in Indiana — served from 1970 to 1981 o Harriet Bailey Conn • Stay Connected o kk le&snocopda.org o Website: Snohomish County Public Defender — Fighting the good fight (snocopda.org) Councilmember Tibbott referred to the youth access to counsel, a statewide program, and asked whether the state paid for that. Ms. Kyle answered yes. Councilmember Tibbott concluded if a youth in Edmonds needed representation, they could access the statewide program. Ms. Kyle answered yes. Commenting that is a great program, he asked how a youth and/or their parents would contact her or get access to that program through the court system. Ms. Kyle advised there is a dedicated phone line to a network created by the state Edmonds City Council Draft Minutes February 20, 2024 Page 4 Packet Pg. 45 office of public defense. She offered to email that information to council and encouraged them to share it with their networks because she wants people to know it exists and that they have access to it. Councilmember Tibbott referred to the limited civil legal aid and asked at what point does the City of Edmonds pay for that. Ms. Kyle answered the City does not pay for it, it is all grant funded. The grant pays for civil aid work, the City does not contribute to that. The civil legal aid gives the City exposure to that program and because SCPDA are the providers of public defense, they already have a database and in theory are screening people coming through Edmonds' court to determine who could benefit from the civil aid program. Council President Olson referred to youth access to counsel, commenting it has been in news recently with regard to implementation and unintended consequences. Ms. Kyle explained there is disagreement about whether it is a good program. It doesn't change the legal standards, it doesn't change what makes crime or whether a youth can be investigated or prosecuted, all it does is provide youth access to an attorney to explain their rights. She did not understand wanting to scale back access to an attorney or not having youth understand their rights before exercising them, but she acknowledged that was through the lens of a public defender. Council President Olson said the comments she has heard were in regard to slowing the process and inability to talk to someone who may have been a witness. Ms. Kyle answered that can occur, but first the youth calls that number and they have a right to talk to counsel. She could see in an emergency experiencing some variables, but has not been presented with those variables actually playing out. She has heard there have been efforts in the legislature to scale it back or reduce when youth would have access to counsel, but that has not been successful yet. She reiterated it does not change any of the legal standards, all it does is educate youth about their rights. Councilmember Nand thanked Ms. Kyle for her vital work in Snohomish County. With regard to youth access to counsel, she commented it was a question of equity, because most wealthy families can afford access to private counsel if their children have a legal issue and a lot of wealthy and savvy parents would immediately tell their child not to say anything until they or their lawyer arrived. She did not understand why anyone would object to all minors having that access and protection especially when interactions between law enforcement officers and court officials with minors can be very fraught. Councilmember Nand explained she happened to be in the Snohomish County courthouse today and saw someone who was a pro se litigant in a civil matter make a derogatory comment about the self-help packet he was trying to use. It is a such a vital service that the public defenders provide to parties who find themselves in the criminal justice system. She asked if any of the forms in use in the Edmonds Municipal Court raised accessibility concerns with regard to comprehension of the document, translation, etc. Ms. Kyle said she would like to have an opportunity to look at those forms, advising she was unaware that any comprehensive review had been done from that lens. That work has been done in the juvenile courts and fundamentally changed the forms, even what is listed first. Often the forms are for the court and the next court date is buried in the form and people miss the court date because it's not the first thing on the form. She was unsure if any of the Edmonds Municipal Court forms were available in Spanish; if so, that would be an excellent sign and if not, it would be an excellent next step. Councilmember Nand commented not just for the defendant, but also for victims or injured parties who access the court system. Councilmember Nand echoed Councilmember Tibbott's excitement about the limited civil legal aid. If SCPDA needed a place to host anything, she volunteered the jurisdiction of Edmonds due to interest in connecting as many community members as possible to legal services to the greatest extent possible, especially vulnerable and exposed populations. Edmonds City Council Draft Minutes February 20, 2024 Page 5 Packet Pg. 46 Councilmember Chen thanked Ms. Kyle for mentioning the availability of interpreter services. He applauded SCPDA's efforts related to community involvement. There are various groups in Edmonds with language barriers who may not know public defender services are available. He asked if there would be an opportunity for her team to come to the Asian Service Cener and/or Korean Service Center and make a presentation for youth. Ms. Kyle answered yes, they would be happy to do that. With regard to youth access youth access to counsel, Councilmember Chen pointed out especially after the pandemic, youth have gone through separation, isolation and the level of crime behavior change have increased. He asked if there were any statistics regarding the average age of youth using that service. Ms. Kyle offered to report back; the state office of public defense keeps good data and could provide that information. Councilmember Chen commented a friend and community leader in Lynnwood is starting another access program, a potential opportunity to leverage resources. Councilmember Paine commented it was always great to have Ms. Kyle connect the dots. Having worked in courts for years, she knew when people under pressure have a chance talk to someone with a law degree and is there to listen and to represent them, they have a long list of issues. Connecting the dots helps alleviate and solve some of the problems the most vulnerable people who are in contact with police are experiencing. She remarked she was probably the only parent in the room who sent her daughter to college with a phone number for a public defender to call if they had any contact with the Bellingham police. Ms. Kyle suggested encouraging youth to put the youth access to counsel number in their phone. She commented it was very hard to be a parent and have your child connect with the court system. She coaches parents, saying I'm the lawyer, you're the parent and we're each going to stay in our lanes. With the youth access to counsel, it's also important to talk to parents about the consequences of taking their child into the police station and saying accountability now or providing a different way to do that that protects youth over time but also provides the accountability that parents are looking for. With regard to Councilmember Nand's point regarding how easy the paperwork is to get through, Ms. Kyle explained when people are stressed, life is incredible difficult. People living in poverty are always stressed, always in survival brain when trying to figure out the next meal, how to pay rent, or where to sleep. She used the example of the Snohomish County clerk's office that was still sending out garnishment letters to people who only owed legal financial obligations that could be waived, but nowhere in the letter did it suggest contacting the SCPDA or that the fines were subject to being waived. The clerk's office was relieved when she suggested updating the letter to include the 2023 reform. They deal with those stressed people at their counter and provide them a packet of information, but they are not able to digest it. The clerk's office manager who runs the youth court talked about parents who appear for dependence proceedings where the court has or is considering taking their child from the home. When those parents appear at the Denney Youth Center, a branch of the Snohomish County Superior Court, they are on the edge. If SCPDA could offer to clear up one thing such as their legal financial obligations, maybe they can focus on keeping their family together. 5. APPROVAL OF AGENDA COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO APPROVE THE AGENDA IN CONTENT AND ORDER. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER NAND, TO AMEND THE AGENDA TO ADD A NEW AGENDA ITEM 10, PRESENTATION, AND MOVE ITEM 9.3, RED LIGHT CAMERA PRESENTATION, TO ITEM 10.1. Council President Olson commented there was a request for a presentation regarding the red light cameras, but the item was scheduled where another item was removed at the last minute so it showed up under Council Business. That, in conjunction with the staff recommendation suggesting action, gave a different intent than was considered during agenda setting. This will clarify this is a presentation and no action will be taken tonight. Edmonds City Council Draft Minutes February 20, 2024 Page 6 Packet Pg. 47 8.1.a AMENDMENT CARRIED UNANIMOUSLY. MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Steven Keeler, Edmonds, said when he last spoke to council before Christmas, he presented numeric data regarding the Edmonds School District and student assessment levels. As one aspect of the data came into question, he wanted to clear up any possible objections. He referred to materials provided to council, advising the top part of first page was data for the most current school year, 2022/2023, and the bottom now shows data for the 2018/2019 school year rather than 2019/2020. The 2018/2019 year is the last school year before any effects of the Covid debacle. He also provide council a page that extracts mathematical data only for all years available on My Report Card website as gathered by the Office of the Superintendent of Public Instruction for the State of Washington. He will update the council in September when data for the current school year is available. Tony Shapiro, Edmonds, questioned the City's and council's priorities and focus. A resident of the Seaview area, he pointed out 88t1i Avenue West is a significant route to Talbot Road north from 196th. Two to three years ago a storm line was installed on the road and residents were told it would be repaved the next summer. The paving job was slipshod. City Engineer English recently told him the City will try to fund engineering in the summer and repaving the next year. He alleged the City was not paying attention to the nuts and bolts of managing the City. He compared it to the effort related to Landmark 99, commenting it was laudable to think it could be a nice development, but objected to the City being so intimately involved in the effort, spending $100,0004200,000 on consultants plus staff time. He estimated the City has spent $370,000 on Landmark 99 to date for a questionable purpose. He questioned whether the City was paying attention to managing the City for the citizens or was it undertaking pie in the sky efforts to redevelop property. A car dealer is interested in the property, but the City is preempting their purchase. He questioned what was a better use, a car dealership that provides a revenue stream, or housing. Sue Charles, Edmonds, applauded Mr. Shapiro's comments, agreeing the City has many more ways to spend its money than on that property. With regard to the red light cameras, she has witnessed multiple council elections over the past 20 years, and all have mentioned in their campaign speeches that they want to keep Edmonds' small town feel. She referenced the intersection of SR 104 and 100th, a ferry route. She lives on 5' so is quite aware of the traffic volume from the ferry. She feared a red light camera at that location was inviting trouble. She did not object to red light cameras on Highway 99 or in school zones and understood the City needed to make money. She avoids Lynnwood for a reason and did not want people to start avoid coming to Edmonds to spend money downtown. She feared red light cameras would invite Al into the small town of Edmonds; eventually 1-2 will spread to having cameras everywhere. She feared Edmonds was losing its small town feel and she did not support the proliferation of bike lanes. She acknowledged young people are moving to Edmonds, but not into the bowl; she lives in a condo where she hopes young people will purchase a unit but it never happens. People are retiring and moving to Edmonds from Ballard and Seattle and she hoped the council realized that the Edmonds bowl was a retirement community. Dennis Weaver, Edmonds, Boardwalk Condominiums, read his letter to the editor published in My Edmonds News, Let's Keep Big Red. "Big Red, a majestic coast redwood at the Boardwalk Condominium, 1024 5th Ave. S., is threatened for removal! Big Red, a tree of significance, stands tall welcoming visitors and residents of Edmonds to Tree City USA. Big Red adds its natural beauty to our Edmonds green esthetics, along with its many environmental benefits, and should be preserved for all to walk by, take in its stature and admire. Walkers stop and stand in front of its enormous trunk for selfies and photos of their Edmonds City Council Draft Minutes February 20, 2024 Page 7 Packet Pg. 48 8.1.a children hugging Big Red. Big Red has been judged to be a healthy tree by several certified arborists, members of the International Society of Arboriculture. Big Red is not a nuisance tree or a hazardous tree. Its preservation should be a determining factor in consideration of climate change, which is top of mind, for its carbon sequestration, environmental cooling, sound absorption, protection from the brake, tire and road dust for the homes on the east end of Boardwalk B Building, its home to many birds and its sense of serenity that is of unequalled value. However, a Boardwalk condominium board member has unilaterally decided that Big Red should be cut down and will approach the City of Edmonds for permitting to remove. I would hope that the City of Edmonds can protect Big Red so this wonderful tree can continue to stand tall for passersby to enjoy for years to come." He referred to a comment on the MEN thread by William Wilson, "Some history: the redwood grew from a burl purchased during a California road trip by my grandparents about 100 years ago. It was topped by my father about 65 years ago. That is reason for the dual trunks. My mother sold the house and property to the builders of the condos." The Boardwalk's arborist report indicates Big Red is a healthy tree and poses no risk. He attended the February 1 tree board meeting; they are working on a code update to protect trees of significance. He requested the council enact a moratorium to protect trees of significance until there is an opportunity to review and consider the tree board's proposal. Big Red is a living asset in Edmonds. Janelle Cass, Edmonds, said she was glad the information on the red light cameras was moved to information only. She suggested staff presentations clearly define the problem, followed by the goals of their request. The accident rates relative to traffic rates for the three proposed red light camera, 212' & 76' is a 6.8 in a million chance of an accident, 220t' & Highway 99 is 1.5 in a million, and SR 104 & 100t' is 1.2 in a million. The data was inconsistent from slide to slide whether it qualified the accidents, whether they were minor or significant injuries, any injuries, etc. That qualifying data is important in determining what the council is trying to achieve and at what cost and detriment to the City, whether the safety factor is 1 in a billion chance of a significant accident. Red light cameras can pose more dangers when people stop short for fear of getting a ticket. She suggested the council request qualifying data for the accident type and the conditions and whether the red light cameras would have prevented the accident. She also suggested considering the alternatives such as engineering issues that are causing accidents. She questioned whether accidents at 212' & 76' are higher because there are teen drivers and whether that could be addressed by education or having an officer on site for a time to monitor. She questioned whether alternatives would be more effective and safer versus jumping to red light cameras. The presentation lacks any other alternatives for council to consider. 7. RECEIVED FOR FILING 1. Written Public Comments 2. Council Appointment to a Board/Commission 3. Consideration of Change of Council Meeting Minutes Style 4. Preliminary 2023 December Monthly Financial Report 8. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF SPECIAL MEETING MINUTES FEBRUARY 6, 2024 2. APPROVAL OF REGULAR MEETING MINUTES FEBRUARY 6, 2024 3. APPROVAL OF PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS 4. APPROVAL OF CLAIM CHECKS AND WIRE PAYMENTS 5. ILA - FIRST RESPONDERS FLEX FUND 6. CONFIRMATION OF DIVERSITY, EQUITY, INCLUSION & ACCESSIBILITY (DEIA) COMMISSION APPOINTEES ROWAN SOISET & PATTY NARVAEZ-WHEELER Edmonds City Council Draft Minutes February 20, 2024 Page 8 Packet Pg. 49 8.1.a 7. CONFIRM APPOINTMENT OF BOARD/COMMISSION CANDIDATE - LTAC 8. RESOLUTION EXTENDING TEMPORARY EMERGENCY SICK LEAVE POLICY 9. WWTP JOB DESCRIPTIONS 10. ORDINANCE AMENDING ECC 1.03.020 POSTING OF NOTICES 11. ORDINANCE ESTABLISHING AUTHORIZED EMPLOYEE POSITIONS AND PAY RANGES 12. INTERFERING WITH HEALTH CARE 13. ABANDONMENT OF A DEPENDENT PERSON 14. POSSESSION OF ANOTHERS ID 15. APPROVAL OF ORDINANCE OF THE CITY OF EDMONDS GRANTING TO NEW CINGULAR WIRELESS PCS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, SUCCESSOR IN INTEREST TO AT&T WIRELESS SERVICES OF WASHINGTON, LLC, AN OREGON LIMITED LIABILITY COMPANY, DB/A AT&T WIRELESS, ITS SUCCESSORS AND ASSIGNS, AN EXTENSION OF THE FRANCHISE GRANTED UNDER ORDINANCE 3441, ESTABLISHING AN EFFECTIVE DATE 16. APPROVAL OF 10-FT DEDICATION FOR 75TH PL W RIGHT-OF-WAY ADJACENT TO 15604 75TH PL W 17. APPROVAL OF 5-FT PUBLIC SEWER EASEMENT ALONG WEST PROPERTY LINE OF LOT 1 IN VEHRS SHORT PLAT 18. APPROVAL OF MOTION FOR THE CITY OF EDMONDS GRANTING TO AT&T WIRELESS SERVICES OF WASHINGTON, LLC, AN OREGON LIMITED LIABILITY COMPANY, D/B/A AT&T WIRELESS, BY AT&T WIRELESS SERVICES, INC., A DELAWARE CORPORATION, ITS MEMBER (LESSEE), AUTHORIZING THE MAYOR TO SIGN A CONSENT TO A HOLDOVER TENANCY OF THE FACILITIES LEASE AS PROVIDED FOR IN SAID LEASE 19. APPROVAL OF DEPARTMENT OF ECOLOGY AGREEMENT - 2023-2025 BIENNIAL STORMWATER CAPACITY GRANT 9. COUNCIL BUSINESS 1. PARKLAND AND WOODED AREA ACQUISITION PURCHASE - MEE PROPERTY Parks, Recreation & Human Services Director Angie Feser explained this property has been before the council and parks and planning board a handful of times. The last time it was before council was early November when the council approved the purchase and sale agreement. Since then, due diligence has been completed on the property, the title report, ESA phase 1 survey, site survey and other background information. The goal of tonight's meeting is to complete the final step of the acquisition, both approving the funding sources as well as authorizing the mayor to execute the agreement to complete the purchase of this property. The resolution, the mechanism to complete the purchase, was not included in the packet and was emailed by the city attorney to council late today and will be available on Zoom following her presentation. She reviewed: • Mee Property Edmonds City Council Draft Minutes February 20, 2024 Page 9 Packet Pg. 50 8.1.a o Adjacent to Mathay Ballinger Park o Preserves open space o Has a well -established tree canopy with interesting tree species. Tree list included in the packet includes a Sequoia that is 6-feet across at the base. o Expands the only City -owned park in SE Edmonds o Will support a trailhead for Interurban Trail o Driveway to 76t1i can be used as part of Interurban Trail Parcel Info o Size:.99 Acres o Utilities on site: water, power, sewer o One house/two outbuildings — will be secured and eventually demolished Funding o Expenditures Property Price $925,000 Related Costs* $212,500 $1,137,500 *Related costs include appraisal, due diligence, closing costs, demolition, securing site. Grant covers 75% of related cost in addition to purchase o Funding Snohomish County CFP* $853,125 Tree Fund 143 (Fee -in -Lieu) $200,000 REET 126 $84,375 $1,137,500 *Approved by Snohomish County Council Next Steps o Council authorization o Property Closing (30 days/mid-March) o Possession of the property/site security City Attorney Jeff Taraday advised he emailed the resolution to council, but assumed councilmembers had not had time to read it. He displayed and read the resolution: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, APPROVING THE PURCHASE OF THE MEE PROPERTY. WHEREAS, the City entered into a Real Estate Purchase and Sale Agreement with Gerald J. Mee and Evelyn M. Mee on November 7, 2023 ("Agreement") to purchase certain real property located generally at 24024 76th Avenue W, Edmonds, Washington ("Property") and more specifically described in the Agreement; and WHEREAS, the Agreement contains a Council Approval Contingency in Section 3.7; and WHEREAS, the Council Approval Contingency needs to be satisfied by adoption of a resolution; now therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The Edmonds City Council hereby approves the purchase of the Property and the Council Approval Contingency in Section 3.7 of the Agreement is hereby satisfied. RESOLVED this 20th day of February, 2024. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER NAND, TO ADOPT THE RESOLUTION AS STATED. Edmonds City Council Draft Minutes February 20, 2024 Page 10 Packet Pg. 51 Council President Olson commented this is a great opportunity for the City and the community. It has been great to have everyone so excited about this purchase, basically a consensus of staff, council and the community. Councilmember Paine commented the tree list is really impressive; she was glad to have found way to use the tree fund in the manner it was intended to be used. She thanked Ms. Feser for her diligence in finding great properties to expand the City's parks. Councilmember Chen thanked staff, Ms. Feser and her team for their excellent work and finding funding for this property. Councilmember Nand complimented Ms. Feser and the organization she worked with to find this property. This is a park she started visiting when she was 12 years old when her parents moved to Edmonds from Shoreline. She has seen it change over the years, but was happy it was still a place where people feel safe letting their children play, like she did almost 30 years ago. She looked forward to future plans for the property and to make it more of a central open space for the community as the City looks to add high density housing that does not necessarily have yards or safe places for children to play. She Ms. Director Feser for her efforts to increase park space in SE Edmonds. MOTION CARRIED UNANIMOUSLY. 2. PLANNING & DEVELOPMENT DEPARTMENT 2024 WORK PLAN Planning & Development Director Susan Laughlin commented there has been a lot of interest in the planning & development department's 2024 Work Plan because it is packed and full of both mandated deadlines and house bill compliance as well as commitments in the climate action plan. She reviewed: About Us o The Planning & Development Department is responsible for: ■ Land use information and approvals ■ Building permit review and assistance - 80% of staff are in permitting ■ Long-range City and Regional Planning ■ Building inspection ■ Coordination of development review processes, development standards ■ Enforcement of the Community Development Code Organizational Chart o 4 vacancies �OaC asaocuh Planrcn UNan Fa-Dealgn DevelapneM Senlgl Planne!(Ll7 Planrcr Planne! Planne! $enpl Plenrc! leR W Vacanl lam Clinton anmrammmnire are was Wvrvslu Penulota • Mission Statement Edmonds City Council Draft Minutes February 20, 2024 Page 11 Packet Pg. 52 8.1.a We foster a sustainable, safe, and vibrant community for the people of Edmonds today and for generations to come. We guide equitable growth in alignment with the vision outlined in the Comprehensive Plan. Our work elevates quality of life and preserves our community's natural resources by prioritizing the safety, quality, and affordability of the built environment. We are committed to acting with integrity and honesty, serving all members of the community in a responsive, consistent, and respectful manner. 2023 Accomplishments o Major Planning Approvals ■ Housing Hope, Madrona Highlands ■ Main Street Commons, 550 Main Street ■ Oak Heights Elementary — Learning in a Park ■ Pine Park Townhouse/workspace development proposed — 614/514 5' Ave ■ NOVA Daycare, 21010 76t1i Ae W o Green Building ■ Hosted Green Building Incentives Forum, August 31, 2023 o Climate Champions ■ Climate Action Plan 2023 ■ Hosted Earth Fair at Frances Anderson Center o Title 19 Updates Reimaging Neighborhoods + Streets — Pilot Projects o Reimaging in Progress — to be continued in 2024 Green Streets • Comprehensive Plan Progress o Outreach & Engagement ■ Gap Analysis ■ Scoping ■ Finalized Vision Statement EDMONDS GREENWAV .yr "� r .:At - '�.. New Street Typologies Multi -Use Network ■ Summer Outreach (Popsicles in the Park) ■ Existing Conditions study ■ Neighborhood Meetings ■ 7 Planning Board Meetings ■ 4 Council Presentations Landmark 99 o Outreach & Engagement ■ Option to purchase ■ Three Conceptual frameworks ■ Potential Master Planning ■ Two Community meetings Edmonds City Council Draft Minutes February 20, 2024 Page 12 Packet Pg. 53 8.1.a ■ Explore future project's feasibility ■ 5 Council Presentations ■ Signed amendments to the June option agreement • Housing Bills HB 1337: Accessory Dwelling Units (ADUs) • Aaoas two -Du,, pev a n am coMnr , *, d attached 'deiacllM units , • Cain •mpac, tees at 50+ d SFR • PuhlOaa pwnar ottutYnry aN hentaga40 ' ImprowmnM NquwevaMda • ADUa can to wa as condo um • MIN aetav MOW L000 O urxs Irp s 2a fM m ne"0n • Ieo.wK Comml� 11h.dmmalMMmn s.w•tw. u a.a Awrt.a W—c—cft._P Accessory Dwelling Unit Code Update Code Modernization o Quarterly Update o Significant formatting upgrade o Rezones o Preschool enabling code amendment 2024 Work Plan — Anticipated Completion HB 1293: Design Review and Standards • CMl may-1, NAlra CINr ird ohlective ati+a••rwrwrn e•r1•ar dnlgn uendarda _ • Dnlgn revew proton muw b t cunducrd --mywnn other perms revlaw a•W -1 4 crated too OrM pualK rMwN( • recomm Board taor, 01 dM rwa t, - IaWInIM11dw1011 M tiD 01'aalarKM • H—gCommiaa en lrOanaMnaandn • V.—a1 Mra aaaw arnrlr •alaaa.-halwawr riatwLa [...ww u.a.sarraOrPNetra �roptlwl as 4eraesenm� nco... HB 1110: Middle Housing • mart Ipeartllil aaw re Ow Z uP lerbrlaslera roc crlticM reea, p,a,.r a falls aw tl wArw• m�4 d t • eRI riswwrr n a raw 1 eeoldeole uen r rr MMarsrlw �oweaaa�n wra.•os and �• jar 1 •narw paps aaYrira from SrR 4 p • I.anb v arwlgaa 01 "ra9u.e Mn earlaal Mllalrls • AQI►tln III alMl aall•'ty nsuaaalMls a•y Ca•s uP•�� u•aP nr • burr GOlrall�RaRrrartallaw4a • (��aaaen Oaaa�lnarlal•Ia�r Yw�—a • Iassaae0e��0 Ooaea bitat rla Project Name Staff Lead Project Name Staff Lead Project Name Staff Lead Project Name StaffLead Title 19 Updates' LBjorback Reimagining Street Tree Plan" SMcLaughlin Reimaginng Street Typologies' NPentakota Comprehensive Plan $McLaughlin Critical Aquifer Recharge Area" M Clugston Green Building Incentive Program" L Bjorbaek Reimagining Activation Permit Structure N Pentakota Landmark 99-- S McLaughlin Permit review process revisions (per SB 5290(-- ABrokenshire Tree Canopy Goal-- J Levy Tree Canopy Goal" J Levy • Climate champion series/public art TSewell Ongoing coee Rxaas Amendments- ouarte.ly Permit Review MGups[m2 DADU code amendments-- R Haas Design Review Modifications (per HB 12931'• JLevy Climate -related code amendments.. TSewell • Tree Code Updates -- �Mclugston Requires city council approval ** Requires both planning board and city council approval Code Updates o Project Name: DADU Code Amendment ■ Staff Lead: Rose Haas ■ Project Objective: Increase housing options in residential zones by allowing detached accessory dwelling units in single-family zones and aligning current ADU regulations with state requirements per House Bill 1337. ■ Anticipated Adoption: June 2024 ■ Budget: Staff time o Project Name: Minor Code updates ■ Staff Lead: Rose Haas Project Objective: Increase the legibility of development code through ongoing non - substantive maintenance to ensure language consistency and clarity. Edmonds City Council Draft Minutes February 20, 2024 Page 13 Packet Pg. 54 8.1.a ■ Anticipated Adoption: Ongoing ■ Budget: Staff time o Project Name: Climate Code Amendments ■ Staff Lead: T Sewel ■ Project Objective: to legislate appropriate actions from the ■ 2023 Climate Action Plan ■ Anticipated Adoption: Tentative March 2024 ■ Budget: $25,000 o Project Name: Tree code amendments ■ Staff Lead: M Clugston ■ Project Objective: - Establish appropriate limitations to property owner tree removals - Address issues and challenges that have arisen since the existing code was adopted in 2021 with minor code amendments. - Simplify the existing code so that it is effective and practical to use. ■ Anticipated Adoption / Implementation: Q4 ■ Budget: TBD o Project Name: Tree Canopy Goal ■ Staff Lead: J Levy ■ Project Objective: Increase our tree canopy coverage and promote responsible development, not hindering GMA goals with housing density increase. ■ Anticipated Adoption: May 2024 ■ Budget: staff time o Project Name: Critical Aquifer Recharge Area(CARA) code amendment ■ Staff Lead: M Clugston ■ Project Objective: Identify and regulate CARAs as critical areas consistent with the GMA to protect public drinking water supplies from potential contamination and to ensure adequate groundwater availability. ■ Anticipated Adoption: March 2024 ■ Budget:15K Reimaging Neighborhoods + Streets o Project Name: Update to Official Street Map/ Street Typologies ■ Staff Lead: S McLaughlin/N Pentakota ■ Project Objective: Conceptualize the future of streets and develop a design that identifies the right-of-way requirements for upcoming streets. This provides guidance for the Complete Streets Ordinance, which will direct right-of-way projects, future city investments, and inform Capital Project decisions. ■ Anticipated Adoption: July 2024 ■ Budget: staff time o Project Name: Street Tree Plan ■ Staff Lead: S McLaughlin ■ Project Objective: - Defines the street tree and right-of-way tree management objectives of the City - Guides contractors and community members about planting priorities, spacing and placement criteria, species selection, and maintenance objectives - Acts as the authority for managing and caring for street trees ■ Anticipated Adoption: June 2024 ■ Budget: staff time o Project Name: Activation Permit Structure ■ Staff Lead: N Pentakota ■ Project Objective: Introduce new permit structure to remove barriers to facilitate activation of streets and public spaces citywide Edmonds City Council Draft Minutes February 20, 2024 Page 14 Packet Pg. 55 8.1.a ■ Anticipated Adoption: September 2024 ■ Budget: staff time Design Review o Project Name: Design Review Modifications (per HB 1293) ■ Staff Lead: J Levy ■ Project Objective: Design review with clear and objective regulations for the exterior design except for designated landmarks or historic districts. ■ Anticipated Adoption: June 2025 ■ Budget: staff time Permit Review o Project Name: Permit review process revisions (per SB 5290)** ■ Staff Lead: A Brokenshire ■ Project Objective: To Streamline permitting processes Anticipated Adoption: Nov 2024 ■ Budget: Staff time Climate Actions o Project Name: Climate Pollution Reduction Grant ■ Staff Lead: T Sewell ■ Project Objective: Earn EPA funding for EV charging infrastructure in partnership with other local governments. Phase II competitive implementation grants passed through via Commerce. ■ Anticipated Implementation: Application due 4/1/24, to be submitted via PSCAA for Seattle -Tacoma -Bellevue MSA ■ Budget: staff time o Project Name: Green Building Incentives Program ■ Staff Lead: L Bjorback ■ Project Objective: To incentivize sustainable development ■ practices to reduce Edmonds' GHG emissions from buildings ■ Anticipated Adoption: May/June 2024 ■ Budget: staff time Landmark 99 o Staff Lead: S McLaughlin/T Tatum o Project Objective: Strategic Development to provide civic amenities/ community o facilities through the establishment of a public -private partnership o Anticipated Adoption: ■ Assignment Agreement - December 31, 2024 ■ Execute Option Agreement: March 31, 2025 o Budget: Approx. 290K (not General Fund) Everyone's Edmonds o Project Name: Comprehensive Plan Update ■ Staff Leads: S McLaughlin/J Levy/ N Pentakota ■ Project Objective: To set goals, policies and investment strategies that guide decision making on a wide range of topics and services over a 20-year period ■ Anticipated Adoption: Dec 2024 ■ Budget: Approx 400k Councilmember Nand gave the administration, council and the public kudos for supporting the Housing Hope Project. There have been comments from state leadership and bills targeting specific cities in which cities are accused of trying to reject low income housing opportunities; Edmonds is not one of those cities. Next, with regard to the reimaging activation permitting structure, she asked how that interacts with established neighborhood associations that are beginning form. Ms. McLaughlin answered she was not familiar with the neighborhood association work other than anecdotally. She acknowledged having established neighborhood associations would be beneficial to a reimaging program. Edmonds City Council Draft Minutes February 20, 2024 Page 15 Packet Pg. 56 8.1.a Councilmember Nand said she knew of two that were forming in the Highway 99 community and she has been in contact with the organizers. She asked whether Ms. McLaughlin was the lead and should she have the organizers contact her directly. Ms. McLaughlin answered she was not the lead on establishing neighborhood association. As part of the comprehensive plan, better defining neighborhoods is advantageous and staff is always looking for neighborhood stakeholders to build relationships with. Councilmember Nand asked who the neighborhood association organizers should contact to access the toolkit. Ms. McLaughlin suggested contacting her or staff member Navyusha Pentakota who has been leading the reimaging program. Councilmember Nand commented developing partnerships would be a great opportunity for synergy between community activists and the administration. Councilmember Paine recalled last year's Reimaging Streets program was very successful. She attended several events and everyone was smiling. Rolling out astroturf on Main Street was genius and was a great way meet neighbors. She was pleased with plans to update to the Official Street Map/Street Typologies, commented the Street Map had not been updated since the mid- 1970s. That will be helpful when discussing rights -of -way, sidewalks, etc. She was also glad to see have the climate related code updates associated with the climate action plan, noting there are 23 items due this year and 2 from last year as well as ongoing work. This is mainly outward facing; the City has done all the work it needs to do, and outward facing efforts to the community are needed including the building code. Councilmember Paine referred to multifamily design standards and asked if that would be addressed in Q2 or closer to the end of the year. Ms. McLaughlin explained as part of developing clear and objective design standards, staff will also look at the multifamily design standards. That work will carry into 2025, but will be initiated in 2024. There are a lot of resources related to the middle housing legislation and HB 1110 that the City can apply so the timing is good. The department has a term -limited position, Jeff Levy, a licensed architect, who will be managing that work. Councilmember Paine recalled that was one of the housing commission and council's priorities four years ago. She recalled according to the Architectural Design Board's (ADB) charter, they are supposed to help with that review. Ms. McLaughlin advised Mr. Levy was at last week's ADB meeting and will be their new staff liaison. He is also the deputy project manager for the comprehensive plan so there is a lot of work to do but the department has the right resources. Councilmember Paine concluded the planning & development department has an audacious work plan for the team. Councilmember Eck was very impressed and thankful for everything on the work plan and everything Ms. McLaughlin and her team are doing. As a city that many people want to move to and have been doing so for the last few years, residents expect a higher quality of life in striving to build a future for their children. She has also heard longtime residents express interest in working on the climate and implementing the CAP. She asked if the department were fully staffed, would that allow more work on the CAP. Ms. McLaughlin answered absolutely. Currently Tristin Sewell, a planning level position, does a great job making sure actions are being met, managing the consultant drafting climate -related legislation, liaising with the climate protection committee, etc. What is lacking is someone with the capacity to look for and administer bigger grants and do the required interdepartmental coordination such as parks and public works actions to ensure the City is moving forward. Outward facing education which the community has expressed interest in, also cannot be staffed with the current resources. Councilmember Eck said when she thinks about the CAP, she thinks about the whole city and definitely appreciates many of the broad remarks made including reimaging and bringing the community together. Post pandemic, people of all ages and backgrounds are hungry for that interaction. Council President Olson commented it was very illuminating to see everything in one place in the presentation. She anticipated all councilmembers share the concern about how fast and furiously everything will be coming to the council related to comprehensive plan approvals. Whenever things like the street typology can be provided to council in advance such as under Received for Filing, that would be helpful. Edmonds City Council Draft Minutes February 20, 2024 Page 16 Packet Pg. 57 8.1.a With regard to the greenway connections, she hoped there would be more explanation and insight into how those connections were chosen over others. For example, there is no connection to the Interurban Trail which seemed like an obvious miss and it doesn't seem like people travel from one part of the City to another, it is from home to the park and back home, home to school and back home, home to work and back home, etc. She wanted to ensure those connections were thoughtful and possibly have different proposals and reasons for choosing one over another versus just presenting one thing to approve or not. Ms. McLaughlin answered the images were just illustrative to represent the work. The greenway loop is not part of tonight's discussion tonight, but the criteria for the loop does not represent the bike network. It was intended to look at streets with a high enough traffic volume that cyclists of all ages/abilities would not comfortable on the roadway and therefore requires a higher level investment for a bike facility. The PROS Plan is related to connecting trail networks. This is meant to be an on -street trail network, a multiuse trail network that is shared by pedestrian and bikes. She summarized criteria was used to define that network and it is not intended to represent the City's entire bike network. The connection to the Interurban is made on a low -volume vehicular street that does not require a high amount of bike infrastructure investment. Council President Olson commented with the hyper focus on the budget and availability of only so many grants, it would be interesting for council before they are adopting the plan to know how feasible it will be to make headway on such an ambitious network. Even if it is a 50 year plan, how likely would it be that the City would be able to find funding over a 50 year period. Councilmember Tibbott said he was surprised to learn that 80% of staff are involved in permitting. He asked how much of the work in Q14 is related to the comprehensive plan process. Ms. McLaughlin answered there are relationships because the comprehensive plan covers so much, but there are no co - dependencies. The work plan items will inform the comprehensive plan, but there is not necessarily a regulatory requirement. Councilmember Tibbott observed the comprehensive plan has 8 major elements, as much work as is on the work plan and knowing the comprehensive plan has a state -mandated deadline at the end of Q4, he wondered how work plan items were being prioritized and which could move into 2025, 2026 or beyond. Ms. McLauglin answered each work item has been scrutinized through that lens. Some are on the list because they are already in development and need to be finished such as the Title 9 updates, CARA, Reimaging Neighborhoods + Streets, tree canopy goal, etc. She assured there are reasons for including all the items on the work plan. In looking at the list, she was confident they can be done this year in partnership with the comprehensive plan. The items where there may be some leeway on are in Q4, permit review process revisions and design review modifications, as the actual deadlines are in 2025. Councilmember Tibbott said he was not trying to micromanage staff s work, but was mindful of the state mandates. With regard to the design review process, a Q4 work plan item, apparently the state wants objective standards and asked if there was funding for cities to achieve those goals. Ms. McLaughlin answered there is a deadline to update the comprehensive plan by the end 2024 which is different than clear and objective design standards which are code modernization. There has been funding available for missing middle housing; staff has taken advantage of some of that. With regard to clear and objective design standards she was unsure if there was funding available. Councilmember Tibbott observed the state is giving mandates without funding; the City is already stretched to fund current staff and are facing additional requirements to meet these standards. That is frustrating for council, staff and the public as the City tries to find revenues for these projects. He summarized this is an area where cities are stuck between a rock and a hard place which is difficult to swallow sometimes. Councilmember Dotsch asked about the community renewal plan. Ms. McLaughlin answered the community renewal plan is done; it is not scheduled, but it could be. Staff is waiting to see the progression of the Landmark 99 project to see if/where that goes. Councilmember Dotsch commented the community Edmonds City Council Draft Minutes February 20, 2024 Page 17 Packet Pg. 58 8.1.a renewal plan is required for the TIP. Ms. McLaughlin answered the TIP is independent of the community renewal plan. Councilmember Dotsch commented that seems like something that would be done in concert with Landmark 99; three consultants were used in 2023 to prepare that and it has since been shelved. Ms. McLaughlin responded the community renewal plan is done and has been shared with the planning board and the economic development commission and may have been presented to council at some point. It could be on the work plan, but staff is waiting to see what happens with the Landmark 99 project. She assured it was definitely not shelved and was an active part of the conversation. Councilmember Dotsch pointed out it needs council approval. Ms. McLaughlin agreed. Councilmember Dotsch observed there are 10 months left until the comprehensive plan deadline, a very short timeframe, and there is less staff to do the work and there are some consultants assisting. She asked about engagement with the public and getting that information to council so informed decisions can be made. She was curious why the work plan did not lead with what is required in 2024, must -haves versus a want -to -have. The work plan seems very ambitious to get everything done while having real dedication to the comprehensive plan including the public process. Ms. McLaughlin said staff is looking for council input regarding anything they want taken off the work plan. Staff is committed to the items on the work plan and items are included for a reason, either a regulatory mandate such as CARA and Title 19 updates, and the climate action plan and state mandates drive some of the other deliverables on the work plan so there is not much room to give. Other deliverables have already been done such as Reimaging Streets. She was confident the work plan can be delivered. Councilmember Dotsch commented it would be helpful to have due dates for required items. Ms. McLaughlin answered the administration is establishing a legislative agenda which may be what Councilmember Dotsch is looking for. Councilmember Dotsch referred to the multi -use greenway, recalling she attended the kickoff last year and no one else came. She asked if that has been shelved. Ms. McLauglin answered that meeting was cancelled due to poor weather; notice was provided but there was not enough time for a press release. The plan was to wait for spring, but given other factors, it hasn't been pursued. Councilmember Dotsch asked if it has been shelved. Ms. McLaughlin advised there is a 10% design concept and will be used to inform the comprehensive plan. Councilmember Chen commented it looked like planning & development's year was very full. He was also surprised to learn that 80% of staff works on permitting and 20% are doing the other work. He often hears complaints from the development community about how long the City's permitting process takes. For example, there was a building that had a fire in Firdale Village during the pandemic and business owners were waiting for permits to rebuild. He asked if the City has a permitting backlog and if the 80% staff time was enough to handle the workload. Ms. McLaughlin answered the department is understaffed at the moment. She welcomed developers and residents to contact her if there were concerns with the permitting timelines. If councilmembers hear complaints, she urged them to contact her. Often people complain about the permitting process because there are issues on both sides; there are a lot of regulatory requirements, it's frustrating, it's hard to get designers and contractors, etc. so it can be arduous process. She has heard people say Edmonds is faster than some other jurisdictions. Councilmember Paine commented she knew the Department of Commerce's $500,000 grant was too big to manage, but encouraged staff to apply for smaller grants to assist with the climate action plan. With regard to Reimaging Neighborhoods + Streets, Councilmember Dotsch asked about the budget for events related to that project. Ms. McLaughlin answered there is no budget in 2024; Reimaging Neighborhoods + Streets was a program funded by the previous administration. Those events were not costly, as low as $6,000 which may not seem low but given the amount of staff time, resources, a year of planning, etc. and given it served so many residents and generated a great deal of interest in the community, the funding was well spent. Edmonds City Council Draft Minutes February 20, 2024 Page 18 Packet Pg. 59 Councilmember Dotsch commented she saw something recently about Porchfest and asked about the cost. Ms. McLaughlin answered the intent was to empower residents to do things on their own; Porchfest is an example of how that is working. Councilmember Dotsch asked about the budget for Porchfest. Ms. McLauglin answered there is no funding in 2024 for Porchfest; she believed a nonprofit organization had been formed and it was not City supported except get it to where they are which is very exciting. Councilmember Eck commented whenever that many people come to the City core for 4t1i of July, Porchfest, etc., it increases revenue and results in repeat customers. She asked whether Ms. McLaughlin or Mr. Tatum have considered what that looks like. Ms. McLaughlin answered they have had conversations with downtown retailers relative to those events and the anecdotal answer is yes, it those events boost business. One of the exciting things that came out of reimaging is leveraging those events to advertise other City events. For example, bringing hundreds of people out for a comprehensive plan conversation typically does not happen, but combining that with a music festival or an exciting public event leverages the money that would have been spent on a basic public open house that a fraction of the people would have attended. It is a great way to get money to go further. Councilmember Eck commented she knew of a number of people who made a day of those events with brunch, dinner, shopping. She agreed those events inspire that type of behavior. Councilmember Nand commented as a former Edmonds Chamber of Commerce board member, the City is not responsible for the 4t1i of July, that is put on by the Chamber, although the City helps subsidize it by providing security. There have been issues in the past where the Chamber feels the City takes credit for their events, using their images without permission, etc. For the public's edification, she wanted to clarify the 4' of July is funded by the nonprofit Chamber and has no General Fund impact other than subsidizing it via a police presence to manage crowds. Mayor Rosen declared a brief recess. 10. PRESENTATION 1. RED LIGHT CAMERA PRESENTATION Mayor Rosen reminded this is intended to be a presentation and discussion only, no action will be taken tonight. Police Chief Michelle Bennett explained they were asked to return with more data about red light cameras. Data for 2023 was received two days ago which will be included in this presentation. She reviewed: My Edmonds News o From hiring challenges to Hwy 99 to homelessness, new police chief addresses community questions o Posted: November 22, 2021 o Chief Bennett made it clear that she would like to see traffic cameras at every school crossing; in fact, "I would make all traffic infractions covered by cameras." Traffic issues, she added, are the number -one complaint the city gets. Fair warning. — By Bob Throndsen Using cameras for traffic -related citations tends to lead to less conflict between officers/police department and drivers because a camera states evidence that is hard to argue with versus discretionary decision making by officers which can often lead to anger, disruption and poor relations with the police department Comparable Data o The intersections suggested are the highest volume intersection related accidents in the city. Edmonds City Council Draft Minutes February 20, 2024 Page 19 Packet Pg. 60 8.1.a o Lynnwood, Kent, Lake Forest Park, Renton, Sea-Tac, Seattle have these, and many other agencies (Everett, Bothell) are also looking at them. o The City of Lynnwood is a relevant comparable city. 2022 Annual Automated Traffic Safety Camera Report X Lynnwood Police Department Per RCW 46.63.170 cities using automated traffic safety cameras must post an annual report of the number of traffic accidents that occurred at each location where an automated traffic safety camera is located, as well as the number of notices of infraction issued for each camera on the Ciy's website. The below data comprises the number of accidents and citations issued at each respective intersection and sch0ot zone where traffic safety cameras are deployed. Intersection Number of Citations 'Numberof Accidents 36a 1 196th St S.W. 6,070 3 4411 / Aid. Mall Blvd. 3,514 8 " 44- / 196r" St S.W. 0 - Under Construction. 6 1841h I Aid. Mall Pkwy 4,728 6 1961° / Aid. Mall Pkwy 14,163 2 Maple / Md. Mall Pkwy 1,900 3 1;" J Hwy 99 2,834 5 1 -1/ 0°sts.W. 5,063 8 " Hwy 99 / 200- St S.W. 1,164 3 School Zone Numberof Citations Numberof Accidents 18200 -18800 BLK 44th Ave West 4,175 1 5500 - 6600 BILK 168th St S.W. 2,660 4 -number or "moena repor—i renea wnisions oaurring wnnm me mcersemon. Lynnwood Cameras: Red Light Camera Accident Reductions - Cameras went live in 2011 ■ 2022 44 Lynnwood Red Light Camera Collisions ■ 2021 36 ■ 2020 29 ■ 2019 11 w ■ 2018 14 „o ■ 2017 20 ■ 2016 80 ■ 2015 92 ■ 2014 83 ■ 2013 111 / ■ 2012 161 ,a • Didn't some cities do away with red light cameras: o Called Kent Police Chief Padilla, `Heck no, they are very effective for the city, we are actually adding six more. Also funded our body worn camera program.' When asked if rear -end collisions increased, he stated that they have actually gone down. o Kenmore is adding two cameras this year. o Auburn: Researching their website yesterday, led me to their links about photo enforcement... Reinstating cameras: March 22nd , 2022, adding 6-12 cameras. o Communicated with Redmond Police Lieutenant Julie Beard and Chief Darrell Lowe, ` We had them in around 2012 for several months, Microsoft lobbied hard (with company attorneys assisting) against them. We've been talking about putting them back.' o Communication sent to Chief Ted Boe of Burien PD. Chief Boe said they have `not had them in at least six years, speculated reason for removal was labor based, lowest staffed city and most calls per service in King County; no new officers in 12 years. No traffic cars or motor officers are assigned to the city. We have 26 cops to handle 21,000 calls per year. • Accidents and Safety o Edmonds Proposed Pilot Red -Light Camera Program: Collision Data ■ Data for accidents in Edmonds intersections was collected from 2020-2022. Edmonds City Council Draft Minutes February 20, 2024 Page 20 Packet Pg. 61 8.1.a ■ An analysis of collision data was conducted, in addition to gathering input from the officers who investigate many of these collisions. ■ Also considered were officer's observations of high pedestrian areas as well as areas of common citizen complaints. o Accidents: Three Years of Data (2020-2022) Potential Red -Light Camera Intersections (A formula was used to analyze potential intersections based on high traffic volumes and high numbers of accidents.) ■ Highway 99 - Total: 39 accidents - Highway 99, (11* intersection verified) - Average Daily Traffic: 6,000-20,000 cars *there is a percentage of intersection related accidents miscategorized, up to 75% o Six Potential Highway 99 Red -Light Camera Intersections ■ 224th and Highway 99: 12 Accidents, 16,000 cars per day ■ 220th and Highway 99: 11 Accidents, 20,000 cars per day ■ 238th and Highway 99: Five Accidents, 20,000 cars per day ■ 216th and Highway 99: Five Accidents, 20,000 cars per day ■ 228th and Highway 99: Three Accidents, 16,000 cars per day ■ 212th and Highway 99: Two Accidents, 20,000 cars per day o Additional High Accident and Car Volume Intersections (Non -Highway 99) ■ 220th and 76th: 13 Accidents, 12,000 cars per day ■ 212th and 76th: 15 Accidents, 6000 cars per day ■ Highway 104 and 100th: 6 Accidents, 13,000 cars per day Comparison of Daily Intersection Traffic Volumes (high to low) o Verra Mobility Rating (high to low) ■ Column L on spreadsheet represents the number of daily projected violations for that specific movement (based on the running of their algorithm). ■ If all 9 were installed, the total would be 50.4 total per day based on Verra Mobility's algorithm. 50.4 x 30 = 1,512, x 31 = 1,562 violations per month o Highest Rating per Verra Mobility (combined with accidents and Average Per Day Car Volume) ■ 220th and Highway 99: Verra Rating- 5.3 (10 accidents) 20,000 cars per day ■ 238th and Highway 99, Southbound: Verra Rating- 4.72 (five accidents) 20,000 cars ■ 228th and Highway 99: Verra Rating- 4.05 (three accidents) 16,000 cars ■ 212th and 76th Northbound: Verra Rating- 4.08 (15 accidents) 6000 cars ■ 212th and 76th Westbound Verra Rating- 4.06 (15 accidents) 6000 cars ■ 212th and 76th Eastbound Verra Rating- 3.99 (15 accidents) 6000 cars ■ 238th and Highway 99 Northbound: Verra Rating- 3.91 (five accidents) 16,000 cars ■ SR 99 and 216th : Verra Rating- 3.68 (five accidents) 20,000 cars ■ Hwy 104 and 100th Southbound: Verra Rating- 3.5 (six accidents) 13,000 cars ■ Hwy 104 and 100th Northbound: Verra Rating- 3.42 (six accidents) 13,000 cars ■ SR 99 and 224th : Verra Rating- 3.41 (12 accidents) 16,000 cars ■ Hwy 104 and 100th Westbound: Verra Rating- 3.19 (six accidents) 13,000 cars ■ SR 99 and 212th Verra Rating- 3.1 (two accidents) 20,000 cars Pedestrian accidents are another potential danger of intersection related crashes o Analysis from 2020-2022 ■ 220th and HWY 99 = 1 ■ 212th and 76th = 2 ■ SR 104 and 100th = 0 (Recently a homicide at the light at Hwy 104 and the 8800 block, (12 blocks away) Intersection related near pedestrian crash. Academic and Empirical Research o Empirical Research Says: Edmonds City Council Draft Minutes February 20, 2024 Page 21 Packet Pg. 62 8.1.a 9 ■ Road crashes are a prime cause of death and disability, and red- light running is a common cause of crashes at signalized intersections. - Red-light cameras are increasingly used to promote compliance with traffic signals. 13 Manual enforcement methods are resource intensive and high risk, whereas red- light cameras can operate 24 hours a day and do not involve high-speed pursuits. ■ More than one million crashes occur annually at traffic signals in the United States, and red-light cameras increasingly are being used to supplement police -enforcement efforts by automatically photographing vehicles whose drivers run red lights. ■ Red-light running at signalized intersections is a significant crashes and approximately 1,000 deaths per year. - Red -light -camera systems aimed at reducing this problem have become a popular tool in local jurisdictions. Recent Article in My Edmonds News: ■ In Washington state, traffic fatalities were up 38% last year compared with 2019, reaching a 30-year high. In response, the state is considering expanding its limited speed camera use. State officials plan a visit to Finland next month to see how that country used automated enforcement to reduce traffic deaths. ■ "Law enforcement has really stepped back from enforcing traffic laws," said Jonathan Adkins, CEO of the Governors Highway Safety Association. "We have to get police back out there and get support for police back. But this has to be done the right way, and it has to be done fairly. And we do want to look at technology — cameras don't see race, they don't see gender." ■ Two Pedestrians Struck in Perrinville Neighborhood Sunday Empirical Studies related to Red Light Cameras (Academically based) ■ National Academies of Sciences, Engineering, Medicine ■ Insurance Institute for Highway Safety ■ Safety Evaluation of Red -Light Cameras, Federal Highway Administration ■ National Library of Medicine ■ Journal of Safety Research ■ National Academies - National Academies of Sciences, Engineering, and Medicine - American scientific academy - The National Academies of Sciences, Engineering, and Medicine, also known as the National Academies, is a congressionally chartered organization that serves as the collective scientific national nationalacademies.org - Founder Federal Government of the United States - Headquarters Keck Center • 500 5th Street, NW, Washington, D.C. 20001 - Subsidiaries National Academy of Sciences (NAS) • National Academy of Engineering (NAE) National Academy of Medicine (NAM) - Legal status Congressionally Chartered Nonprofit Organization - Purpose Provide independent, objective advice to inform policy with evidence, spark progress and innovation, and confront challenging issues for the benefit of society. - Location Executive Office National Academy of Sciences Building 2101 Constitution Avenue NW, Washington, DC 20418, United States - Membership Scientists, engineers, and health professionals - The National Academies of Sciences, Engineering, and Medicine - (NASEM), also known as the National Academies, is a congressionally chartered organization that serves as the collective scientific national academy of the United Statesl. These esteemed institutions provide independent, objective advice to inform policy decisions, ignite progress and innovation, and address complex challenges for the betterment of society2. - National Academy of Sciences (NAS): Edmonds City Council Draft Minutes February 20, 2024 Page 22 Packet Pg. 63 o Reference in presentation to numerous studies/research o Governor's Highway Safety Association www.ghsa.org @GHSAHQ ■ Pedestrian 2021 PRELIMINARY DATA (January - December) - Automated traffic enforcement (particularly speed enforcement), while controversial, has irrefutably led to reductions in motorist speeds and crashes. A literature review of studies evaluating speed cameras concluded that all studies measuring speed or speeding saw reductions when the cameras were present. 31. Cecilia, W., Charlene, W., Joan, H. K., Le Brocque, R., & Bellamy, N. (2010, November 10). Speed cameras for the prevention of road traffic injuries and deaths. https://doi.org/10.1002/14651858.CDO04607.pub4 32 Sep 9, 2022 — The Washington State Department of Transportation (WSDOT) just released the numbers of pedestrian deaths of 2021, and it has hit a 20-year high. o Pedestrian Fatalities on the Rise in Washington State o Washington State sees a high number of pedestrian fatalities on its roads every year. Even though lawmakers have enacted measures to reduce traffic- related deaths, our numbers have continued to claim. Pedestrians continue to be vulnerable road users, with nothing to protect them from the force of a colliding vehicle How Many Pedestrian Fatalities are There in Washington? o More than 100 pedestrians are killed by motorists every year in Washington State. o However, that does not paint the full picture of the hundreds of additional pedestrians who are struck and seriously injured on our roads. Not to mention, the lives of families and friends impacted by each victim. City researched red light cameras in 2008 o September 19 2008, Everett Herald reported Edmonds approved trial run of red light cameras at Highway 99 & 200', Highway 99 & 238t' St SW and Edmonds Way & 100t' Ave W 2023 data o 2023 Collision Results Month of Year Total Collisions Fatal Collisions Injury Collisions Number of Fatalities Number of Injuries January 48 0 6 0 6 February 45 0 12 0 14 March 43 0 6 0 6 April 43 0 8 0 8 May 49 0 7 0 10 June 52 0 16 0 18 July 41 0 10 0 14 August 51 0 13 0 18 September 55 0 12 0 15 October 49 0 13 0 15 November 41 0 12 0 13 December 44 0 1 5 0 5 Report Totals: 561 0 1 120 0 1 142 o Heat map of accidents: 2023 CC 0 ,4 Edmonds City Council Draft Minutes February 20, 2024 Page 23 Packet Pg. 64 8.1.a o Total accidents by day of the week: 2023 Day of the Week Total Collisions Fatal Collisions In)ury Collisions Number of Fatalities Number of Injuries MONDAY 86 0 19 0 23 TUESDAY 79 0 18 0 22 WEDNESDAY 83 0 11 0 11 THURSDAY 74 0 16 0 20 FRIDAY 103 0 22 0 24 IT DAY 77 0 18 0 21 SUNDAY 59 0 16 0 21 Report Totals: 1 561 0 1 120 1 0 1 242 o 2023 Pedestrian Accidents 1 1 2 3 Total Parking Lots 3 1 4 8 HWY99 0 2 1 3 HWY 104 1 0 0 1 HWY524 0 2 0 2 Downtown 1 0 4 5 Other 1 3 10 14 Total 6 8 19 o 2023 Vehicle vs. Pedestrian accidents 35 30 25 20 1s 10 0 2018 2019 2020 2021 I022 2023 o Intersection related collisions total and location ■ Total of 204 collisions occurred in intersections in 2023. Many intersections that had multiple collisions, but some of the more prevalent locations are as follows: ■ Locations highlighted in red are controlled by traffic signals; locations highlighted in gray are controlled by stop signs (in at least one direction). Further discussion with the City's traffic engineer will be needed to identify if there is an engineering adjustment that can be made for these locations. However, one adjustment that can be made for these locations in red is the implementation of red light cameras. Traffic Sergeant Recommendation o The implementation of red light cameras at specific locations would also help decrease the number of collisions in Edmonds. In addition to decreasing collisions, the cameras would decrease the risky behavior that results in collisions, even in locations where ethe number of collisions is relatively low. The Edmonds PD Traffic Unit will continue working with other Edmonds City Council Draft Minutes February 20, 2024 Page 24 Packet Pg. 65 8.1.a members of the City as well as the Snohomish County Target Zero Task Force to promote vehicle and pedestrian safety. - Sergeant Kraig Strum #2833 Are the costs of the camera offset or will they cost the city additional money? o Verra charges $5000 per camera per month ■ Seven cameras would be $35,000 total per month o Court costs: Monthly 2475 tickets=$17,859 + $5000 (est. cost $24,900 per month) 2475 tickets a month would be 82.5 a day-- 11 per camera, per day. o Court costs: Monthly 1680 tickets $16,722 + $5000 (est. cost $21,700 per month) 1680 tickets per month would be 56 tickets a day-- 8 per camera, per day. o Police costs are currently neutral 0 2,475 tickets per month x $130 average fine = $321,000 ■ $24,900 costs - $262,000 delta in the positive per month - (A year: $3,144,000) 0 1680 tickets per month x $130 average fine=$262,000 ■ $21,700 costs - $229,300 delta in the positive - (A year: $2,751,600) What is the impact related to court costs? o In Lynnwood Municipal Court, 18.5% of people who received parking citations in 2022 requested a hearing. ■ Individuals who request a hearing may choose whether to appear in -person or remotely. ■ IRLJ 2.6 requires that hearings be set within 120 days from the date of the notice of infraction. o Edmonds Municipal Court currently conducts pro se infractions hearings on the second and fourth Fridays of the month. ■ These hearings take place from 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 2:00 p.m. ■ Current calendars allow for 80 pro se infraction hearings per month. ■ Typically, ten infraction hearings are scheduled per hour, which provides an average of six minutes per hearing. o Workload impact assuming (1) 2,475 red light citations per month; and (2) 1,680 red light citations per month. o Assuming 2,475 red light citations each month with 18.5% of individuals cited requesting a hearing, this will result in an additional 458 infraction hearings per month. ■ This is a 572% increase in the number of infraction hearings that Edmonds Municipal Court conducts each month. o The increase in hearings would require Edmonds Municipal Court to move from infractions being held on two days per month to 13.5 days per month. o Assuming 2,475 citations per month, Edmonds Municipal Court estimates require an additional two to three FTEs. ■ The annual salary of a Court Clerk at Step One is $65,184. Including benefits, the total annual cost for one Court Clerk is $84,739. - This would result in a monthly cost per Court Clerk of $7,061. - If two additional Court Clerks were needed, the monthly cost would be $14,122. - If three additional Court Clerks were needed, the monthly cost would be $21,183. ■ Additional capacity could be created by increasing the pro tempore judge additional calendars. - This would result in an estimated additional cost of $3,737 per month. o Assuming 2,475 citations per month, Edmonds Municipal Court estimates that its increased monthly costs would be between $17,859 and $24,920 Edmonds City Council Draft Minutes February 20, 2024 Page 25 Packet Pg. 66 8.1.a o Assuming a total of 1,680 citations per month with 18.5% of individuals cited requesting a hearing, this will result in an additional 311 infraction hearings per month. ■ This is a 389% increase in the number of infractions hearings that Edmonds Municipal Court conducts each month. o The increase in hearings would require Edmonds Municipal Court to move from infractions hearings being held two days per month to 10 days per month. o Additional capacity could be created by increasing the pro tempore judge budget and bringing in an additional judicial officer to preside over additional calendars. This would result in an estimated additional cost of $2,600 per month. o Assuming 1,680 citations per month, Edmonds Municipal Court estimates that the increased Court Clerk workload from red light cameras would require an additional 2 FTEs. Edmonds Municipal Court estimates that its increased monthly costs would be $16,722. What are the impact to Police? o Conservatively, based on conversations with Lynnwood PD, it takes approximately one minute to view three tickets. o In speaking with the Edmonds traffic sergeant, this workload would be split up among multiple officers, thereby minimizing the workload and staying current with the volume. o The infraction that sent to the violator includes a picture of the violation, the steps on how to respond to the infraction and hyperlink to view a video of the violation online. ■ The steps on how to respond to the infraction are decided upon by the court. ■ There is a boiler plate narrative from police on each ticket. 0 2,475 tickets per month, divided by 3 tickets a minute, is 825 minutes a month (or 13.75 hours a month). 0 1680 tickets per month, divided by 3 tickets a minute, is 560 minutes a month (or 9.3 hours a month) ■ Traffic Unit indicates 9.3 hours/month is doable within their current work shifts or by offices on light duty Options and Recommendations — Three Potential Recommendations o Option 1 1. 220th and Highway 99: 5.3 (10 accidents) 20,000 cars per day ■ One approach 2. 212th and 76th: 4.08 (15 accidents) 6000 cars per day ■ Three approaches 3. Hwy 104 and 100th: 3.5 (six accidents) 13,000 cars per day ■ Three approaches, Three Intersections 1,680 potential citations o Option 2 ■ Install cameras at 6 Highway 99 intersections and 3 additional high accident intersections, 9 intersections total 1. 224th and Highway 99: 12 Accidents, 16,000 cars per day 2. 220th and Highway 99: 11 Accidents, 20,000 cars per day 3. 238th and Highway 99: Five Accidents, 20,000 cars per day 4. 216th and Highway 99: Five Accidents, 20,000 cars per day 5. 228th and Highway 99: Three Accidents, 16,000 cars per day 6. 212th and Highway 99: Two Accidents, 20,000 cars per day 7. 220th and 76th: 13 Accidents, 12,000 cars per day 8. 212th and 76th: 15 Accidents, 6000 cars per day 9. Highway 104 and 100th: Six Accidents, 13,000 cars per day ■ Nine Intersections 2,475 potential citations o Option 3 ■ Install red-light cameras at three Highway 99 intersections and three non -Highway 99 intersections. Edmonds City Council Draft Minutes February 20, 2024 Page 26 Packet Pg. 67 8.1.a ■ Six intersections: 2,077 potential citations Red Light Cameras Proposal o The proposed red-light camera enforcement systems (assuming approval and agreement modification) will take several months into 2024 to engineer, install, and incorporate into the eco-system we are currently designing for school zone cameras. o For 2024, best case scenario is having cameras operational by July, so for the remaining six months of the year they would be functional. o For 2025 and beyond, they would be operational year-round. There is a 30-day warning period. o The proposal is to install red light cameras at determined high accident risk intersections. Assistant Chief Rod Sniffen addressed traffic engineering, explaining Verra Mobility did most the analysis for the school zone cameras; they have many systems operating in Washington State and are very familiar with the RCW and its requirements. They use algorithms and publicly available traffic data to predict what will happen from their systems and make recommendations. That is what was used for installation of the City's five school zone cameras. The algorithms they use are based on similar systems and traffic counts in the area. When he and Traffic Engineer Bertrand Hauss looked at the data, they found Verra was using outdated data that wasn't very accurate and they provided them better traffic counts for many of the locations to assist Verra's analysis. That analysis satisfies the analysis required by state law before the legislative body can enact these legislative programs. Assistant Chief Sniffen continued, Verra takes publicly available data that is published either by the city, state or DOT and their staff gather snapshot in time information using tube counters or sophisticated radar equipment to count cars on the street. That information is used in calculations to predict the number of violations, the flow of cars, etc. Using that data, Verra came up with a number that makes it cost neutral for the jurisdiction to put in red light cameras. If the numbers as a result of their analysis find there is not enough activity to warrant cameras, Verra will not recommend installation of cameras in that location because it will not be cost neutral. Chief Bennett advised Verra will not recommend installation of cameras at an intersection if it does not meet the algorithm in Column L of their analysis which is typically 3 or above before they recommend installation of a camera. The nine locations in Option 2 all have an algorithm above 3. Chief Bennett continued her presentation: • Economic and Geographic Diversity in Edmonds o Economic and Geographic Differences in camera placement ■ Camera violations do not distinguish gender, economic status, race, etc. ■ Most Highway 99 traffic is through traffic travelling through the city to other destinations. ■ Highway 104 and 104th would potentially capture those heading to the ferry or living in the Edmonds Bowl. ■ 212th/220th and 76th captures a more residential area of Edmonds and high school traffic. o Economic Diversity in Edmonds Edmonds City Council Draft Minutes February 20, 2024 Page 27 Packet Pg. 68 8.1.a Income by Location RACUCTXMI(ITY Total MIGNEW MEDIAN MOUSEMOID INCOME nolr U L Census Tract 506 z Census Tract 503 3. Census Tract 502 In 2021, the place with the highest Median Household Income (Total) in Edmonds, WA was Census Tract 506 with a value of $191,250, followed by Census Tract 503 and Census Tract 50Z with respective values of $152,613 and $131.136 The following map shows all of the places in Edmonds, WA colored by their Median Household Income ITotall. Data 1— ��+ Save image Sh_c/C—d Add Dala to Can 5 Openstreewap can--, 0 CAWO Ned- 1- Wd iMa S4091, S69.8k S699k S92.2k 0 592 A S124k081251, 819W0$191k- 2013 2014 2015 2016 201) 2018 2019 2020 —1 Assistant Chief Sniffen added with the school zone speed camera enforcement, the court was adamant that there be methodologies for people who have an inability to pay and those are listed on the citation. There are several options on the citation for violators to petition the court, have hearings and mitigate the cost of the violation. • Citation Information wnat does me otiender aet mine maiir o What the offender sees when they click on the hyperlink Info �~ ADDITIONAL RESOURCES LTNNWOOD City of Lynnwood, WA REVIEW EVIDENCE MEMO ..._..rr •— w. r..w w.0 Need to talk to wineone2 30 help by phone. • School Zones in the City o The schools highlighted in green are the schools currently in the process of getting a camera. o We would have to request the vendor to come out and do a speed study to determine whether that specific school would qualify for a speed camera. o Cameras went up in January o There was 30-day warning period. Edmonds City Council Draft Minutes February 20, 2024 Page 28 Packet Pg. 69 8.1.a ■ Almost 900 warnings were given during that 30-day period - 900 x $130 = $117,000. Five cameras at 5k each = $25,000, assuming highest in city of 2475 citations a month, max cost $24,920 a month, $117,000-$49,920 = $67,080 o School Zone Cameras 2 3 a 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 D E F G H School Zone Times School Add—, Office Phone Start Tl me End Time Early Release Times School Zone Flashin t Lights On Off 5- 931-7495 8:40 15:10 11:40 8:10 15:00 8:50 15:30 Edmonds Elementary 1215 Olympic Ave 425.431.7374 M 14:30 11:00 7:40 8:10 14:20 14:50 Seasiew Elementary 8426188th St. SW 425-431-7383 &00 14:30 11:00 7:40 8:10 14:20 14:50 Sherwood Elementa 22901105th Ave W 425-432-7460 920 15:50 11:00 9'00 9:30 15:40 16:10 West ate Ei—nwy 9601 220th St. SW 425-431-7470 8:40 Madmna K-8 9300 236M St. SW 425431.7979 9:20 15:50 12:20 9:00 9:30 15:25 16:10 Maplewood K-8 8500200th St. SW 425.431.7515 9:20 15:50 12:20 9.00 9:30 15:40 16:10 Holy Pose K-8 770 Aloha St. 425-778-3197 8:10 15:15 M 7:55 8:25 13:30 15:05 15:35 St. SW 425d31-7900 7:20 13:50 201.30 7.00 7:30 14:10 13:40 MENWillif Lain HS 1 23200 100th Ave W 425-431-7270 9:35 14:38 1LU 8:15 14:28 8:45 14:58 Councilmember Nand recognized that the police department put a lot of work and effort into this presentation and she appreciated how data driven it was. For the public, she explained this is one potential tool the council is considering to deal with traffic safety issues at targeted busy intersections. During the pandemic, a friend ended up in the hospital with a broken pelvis due to a pedestrian/vehicle conflict on Highway 99. She was very annoyed when the engineering department put in the raised medians because she was worried her car would get scraped, but she noticed people have stopped running across 7 lanes of traffic going 45+ mph on Highway 99. This is very much a policy decision that will come from the leadership of the administration which is the mayor, and the city council. She assured the police department is very neutral in presenting this information. Councilmember Tibbott said he has a lot of questions and will email some of them to staff. If the City were to move forward with red light cameras, one of his desired outcomes would be that the number of citations would decrease over time. He recalled Chief Bennett thought that could happen, but there was no data provided relative to that. Chief Bennett displayed the graph of Lynnwood's red light cameras accident reduction which is the closest comparable. Councilmember Tibbott pointed out that graph is accident reduction; he was talking about a reduction in citations or in other words, more compliance with following the law. Chief Bennett displayed Lynnwood Police Department's comparable data for 2022 that lists the number of citations and offered to provide data for 2023 and previous years. Councilmember Tibbott relayed an experience while driving in Lynnwood toward the mall when he stopped at a red light and someone sped through the intersection, nearly hitting a pedestrian on the other side of the street at a high rate of speed. He was concerned behavior wouldn't change and as the population increases in the area and it takes longer to get around and people look for shortcuts, one of the ways is to run a red light. The second desired outcome would be an increase in the number police officers in other parts of the City versus parked by a red light writing citations. Edmonds City Council Draft Minutes February 20, 2024 Page 29 Packet Pg. 70 8.1.a Chief Bennett assured officers do not spend their time parked at red lights, that is currently not part of their duties. The police department is very busy and short staffed. There are currently ten vacancies and overtime is mandated almost every day to keep up with minimum staffing. She would be surprised if there wasn't a reduction in behavior just based on people knowing there is a red light cameras at an intersection and anticipated the data would bear that out. As Councilmember Nand said, it is one of the tools to reduce red light running. With a multitude of tools such as education, media, driving school presentations, automated traffic enforcement, etc. will assist with that reduction. This is just one method. Chief Bennett continued, having received a red light camera ticket herself, she guaranteed it changed her behavior when approaching a red light. She assumed most reasonable people would be concerned about running red lights or exceeding the speed limit in a school zone once they received a citation. She has not received a school zone camera infraction; she has four children and is very careful in school zones. In her experience, when drivers see the flashing light in school zones, they slow to 20 mph almost all the time. That speed reduction is very important because studies show every mph more increases the likelihood of serious injury or death to a child. Councilmember Eck expressed appreciation for the analysis and statistics which help show a very logical picture. She agreed no decision has not made; it is something for the council to consider. In her view, any injury resulting from someone running a red light is one too many regardless of the seriousness of the injury. Drivers are distracted by phones and there is no shortage of stress in people's lives. From the standpoint of saving planet, people are encouraged to get out of the cars and walk and bike more often which increases the danger. If a driver is following the law, there is nothing to worry about. When she hears the concern that people will not drive through Edmonds due to red light cameras, she does not sense that Lynnwood's red light cameras have been a problem or impacted their revenue. People from all over the region, not just Edmonds residents or residents of specific areas, use the City's roads. Councilmembers are also community members and are prepared to comply with the law related to red lights. Councilmember Eck asked if a community member is driving and complying with all applicable laws, was there any reason for worry if the City implemented red light cameras. Chief Bennett answered no. Every single citation has to be reviewed to ensure the violation actually occurred. When the light turns red, the car has to be all the way past the line in the intersection to be an infraction Assistant Chief Sniffen said one of the criticism of red light cameras programs he hears a lot is the slow roll right turns and when the violation actually occurs. The law states the vehicle has to enter the intersection when the light turns red; if a driver enters the intersection when the light is yellow, it is not violation. That is why there are white lines in all the intersections to show when the violation actually occurred. With regard to not completely stopping before a right turn on red, in discussions with Lynnwood, that has been the most controversial. Edmonds can set the BRQ rules so those violations aren't triggered or set rules for the people doing the reviewing so it doesn't become a lightning rod for the program. The goal is not a gotcha for people not coming to a complete stop before making a right turn; it is to look for egregious violations that are accident causing behavior. Chief Bennett explained the City would have the ability to determine whether a slow right turn roll through a red light was egregious behavior and whether it was something for which a citation would be issued. It is not intended to be a gotcha program, it is to cite people who are blowing red lights, something she has seen happen with increasing regularity while in her personal car but couldn't do anything about it. That is the behavior the red light cameras are trying to address to avoid death and injury. Councilmember Paine asked Chief Bennett to send out the presentation as it contained more data than the presentation in the packet. With regard to a comment from the public, there are engineering things that can be done to help make things safter. One of those is to slow the walk cycle to give pedestrians more time to cross with no cars in the intersection. She asked what the police department has heard from the 900 warnings Edmonds City Council Draft Minutes February 20, 2024 Page 30 Packet Pg. 71 8.1.a that were issued from the school zone cameras, noting that was a lot in one month especially considering the amount of time the cameras are operational. Assistant Chief Sniffen answered the cameras are on for 30 minutes in the morning and afternoon in five school zones. The goal is to change driver behavior. There have been 800 citations issued in the 2% weeks the school zone cameras have been live. The City began issuing citations on February 5 so he was uncertain if any of them had reached the court yet. There was very little feedback from the public from the warnings. An automated system sent out the warnings; infractions have to be reviewed, warnings do not, although most of them were reviewed. Anecdotally he heard some people who received a warning said Edmonds is getting serous. From watching the cameras, he has noticed that traffic has slowed in school zones. Councilmember Paine said the decision process in the presentation was very helpful such as cities who couldn't install red light cameras do due to staffing. Other cities like Redmond didn't install red light cameras due to Microsoft which is a political decision, not a public safety decision. She appreciated the data driven proposal, commenting it is good for everyone to remember there are still a lot of decisions to be made. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCILMEMBER ECK, THAT THIS COME BACK TO CITY COUNCIL FOR A DECISION DURING APRIL WHETHER TO GO WITH ANY OF THE OPTIONS OR GO WITH RED LIGHT CAMERAS AT ALL. Councilmember Paine commented this is the third presentation; there was one in February when the ordinance was prepared and in November where more information was provided and now the City has some experience with the school zone cameras. For planning and workload purposes, a decision needs to be made regarding whether to proceed with red light cameras and April would be a good timeline to do that. Council President Olson commented this was intended to be a presentation today. Although she acknowledged parliamentary procedures allow the council to take action at any time, she will vote no on the motion in the spirit of this being a presentation. Council will have further discussions and at some point will need to make a decision whether or not to move forward. Councilmember Nand said Councilmember Paine's motion was premature. Red light cameras in Edmonds would require an ordinance or an amendment to the school zone camera ordinance. There still needs to be discussions about funding the studies and the General Fund impacts from the additional FTEs. She felt attempting to rush this through when the school zones cameras were just installed and the community was getting used to them would be unfortunate. As the council contemplates making this major change, there needs to be 100% transparency with the public and appropriate outreach and community engagement which is not the police department's job, it is the council's job because this is a political decision. She will also vote against the motion. Councilmember Paine commented there is an ordinance in place, the one she sent around earlier today also allows for traffic enforcement via red light cameras and the studies are already authorized via that ordinance. Councilmember Dotsch said in reviewing the ordinance she did not believe it allowed for red light cameras as that was a totally separate issue than school zone cameras. This is her first bite at the apple as a councilmember regarding red light cameras and she has a lot of questions that have not yet been answered. She will vote no on the motion as this was intended to be information only. UPON ROLL CALL, MOTION FAILED (3-4), COUNCILMEMBERS ECK, CHEN AND PAINE VOTING YES; COUNCILMEMBERS TIBBOTT, DOTSCH, AND NAND AND COUNCIL PRESIDENT OLSON VOTING NO. Edmonds City Council Draft Minutes February 20, 2024 Page 31 Packet Pg. 72 8.1.a Council President Olson explained this was brought back by council for discussion, not by the administration or police department staff. She thanked the police department staff for being responsive to her request for a presentation. For the public who may not have been following the issue in November, she referred to the November 14, 2023 minutes that include a vote on red light cameras She quoted from the minutes, "Councilmember Teitzel moved, seconded by Councilmember Buckshnis, to deny decision package 7, red light cameras, at this time and reconsider in 2024." The minutes reflect that several councilmembers explicitly stated they wanted to come back and study red light cameras outside the construct of the budget. That is the reason for this presentation and she thanked police department staff for the data they provided. is. For residents who said they have found information in the media saying red light cameras don't help, she acknowledged support for any position on any subject can be found on the internet and in the media. The sources provided by the police department were very carefully vetted and used source data and peer reviewed articles that support the value of red light cameras. Council President Olson continued, whether there are other ways to achieve the same values can be discussed, but in full transparency, there are several realities, one of which is an increased in reckless driving since the pandemic which she has noticed even on her street. There is also less police enforcement, whether due to a decrease in staffing, increase in violent crimes that keeps officers otherwise occupied, changes in philosophy about the police's engagement with the public, etc. Another reality is the City has some serious financial woes and there is probably a net positive from implementing red light cameras. It is unlikely the City can get out of its financial difficulties by just cutting expenses, there will need to be ways to generate revenue. To the extent the council can deal with some of the problems, such as reckless driving, in a way that helps with public safety as well as addresses the revenue situation in a net positive way is certainly something the council needs to consider as an option. Some people have said red light cameras are not a deterrent; however, she drives very differently than she did before she got pulled over for speeding and received a red light cameras citation. Council President Olson referred to Olympic View Drive, an area with reckless driving, recalling that was not one of the options for a speed camera or red light cameras. Chief Bennett answered Edmonds Elementary is near Olympic View Drive so a school zone camera was something the traffic sergeant believed was implementable. An analysis would need to be done to determine if there are speeding issues. Council President Olson commented that may not be the segment of Olympic View Drive where the fastest speeds are occurring, but if a school zone camera would improve safety for the students, it may be of interest. With higher density comes more pedestrians and near misses don't show up in the data. She applauded the information provided and hoped residents who are so sure the cameras are not needed for a public safety reason would take time to read the presentation which she found very helpful and enlightening. Councilmember Chen expressed appreciation for the studies, data and evidence to support public safety. He agreed his behavior also changed after getting a ticket in Lynnwood. The presentation mentioned red light cameras were studied in 2008 and the same 3 intersections identified then were identified in 2023/2024 so this is nothing new. The council needs to make a decision that will save lives and reduce accidents. The cameras can be studied for another 20-30 years, but lives are being lost and accidents are happening. The council needs to make decision and not wait another 10 years. There is plenty of evidence that red light cameras will improve public safety. He encouraged the council and the public to think about what if the person hit in a red light accident was their family member. COUNCIL PRESIDENT OLSON MOVED, SECONDED BY COUNCILMEMBER PAINE, TO EXTEND TO 10:15. MOTION CARRIED UNANIMOUSLY. Councilmember Nand said she was glad Councilmembers Paine, Olson and Chen raised the policy part of discussion. It is a happy accident that the presentation from Ms. Kyle regarding the Snohomish County Public Defenders Association and the amount of privilege and barriers to access to justice for low income, immigrant populations, and people with disabilities and vulnerabilities was also tonight. She cautioned the Edmonds City Council Draft Minutes February 20, 2024 Page 32 Packet Pg. 73 8.1.a council to think about the privilege it requires to be able to take off time in the middle of a work day to go to court and face a judge and prosecutor to contest a ticket. She knew people whose income is over $ 1 00,000/year with college educations who speak English as a first language who have done it; not a lot of people who have to work 40+ hours/week who speak English as a second language or might have trauma or issues of intimidation going to court will do it. This is a policy discussion that needs to occur between politicians that should not involve the police department or courts. She encouraged the council when sharing their personal stories about paying a ticket and it being what they spent on a dinner to consider that that is not the reality for a lot of people who would be affected by this proposal. Councilmember Dotsch relayed in researching 2008, she learned cameras were set up and it was determined it would not have been worth the money to install them. To her, school zone cameras and red light cameras are two totally different things; school zones cameras are universally accepted by the community as necessary to keep kids safe. In looking at the numbers, there is no comparison of the accidents at red lights, stop signs or no traffic control. The data needs to be objective; when driving around Edmonds, she routinely sees drivers running stop signs including a van that ran the stop sign at Dayton & 5' today. She travels 220' a lot; in the data provided regarding the number of vehicles and the number of accidents, it would be 1 accident for every 2.19 million car trips, and Hwy 104 & 100t' would be 1 accident for every 2.37 million car trips. She was trying to understand if the effort and time, especially the police's time when there is such limited staffing, is best used to review red light cameras citations. Councilmember Dotsch referred to the signal at 220' & Highway 99 heading east, at 9:30 a.m. today, the left turn to go north on Highway 99 let 3 cars through and the 4' car ran the light. She referred to an automated enforcement checklist she shared today that was produced by Advocates for Highway and Auto Safety, the Governor's Highway Safety Association, National Safety Council, and AAA that states successful programs are transparent and have a strong public information component. She advocated for more engagement with the public regarding red light cameras and the location of cameras. She referred to the intersection comparisons which do not reflect what is happening two blocks away where there isn't a red light cameras. The safety groups caution against comparing the same intersections and data because it does not indicate whether there is an overall reduction. With regard to speeding in school zones, she said it would be interesting to know if speeds are decreasing there as well. Councilmember Dotsch suggested considering how to engage with the public before making a decision on red light cameras. It may be worthwhile to consider the timing of signals and whether it is appropriate for the volume of traffic; signals that only let a limited number of cars through may motivate drivers to run the red light. She asked if that was reviewed as part of this proposal, something that the safety group's checklist recommended. Chief Bennett said most of the studies Councilmember Dotsch cited were the same ones she cited in her presentation. The safety group's recommendation follows Verra's program including media piece, identification, doing research, etc. Community engagement is important such as was done with the school zone cameras. Traffic engineers can consider timing of signals; they utilize an algorithm and methodology for signal timing as there are a lot of factors in determining signal timing. Even if someone gets delayed at a signal, it does not give them the right to run the red light because the other direction then has a green light and running the red light can result in a T-bone accident that often results in major injuries. Assistant Chief Sniffen agreed the proposal went through a lot of the same steps cited by the safety group. There was engagement done regarding the school zone cameras and agreed the engagement the safety groups recommended such as stakeholder groups would be a good step. With regard to timing of the signals, engineering would need to be involved due to the number of inputs that determine timing. Chief Bennett commented on the importance of an advisory group having a diverse set of opinions including schools, law enforcement, fire department, etc. She was not opposed to an advisory group as long as it was well balanced with a variety of stakeholders including the court. The data she received for 2020-2022 did not have a lot of depth and breadth to it. The 2023 data does identify actual intersection related collisions; at 220t' & Highway 99, there were 13 in 2023. She referred to the intersection related collisions total and location for Edmonds City Council Draft Minutes February 20, 2024 Page 33 Packet Pg. 74 8.1.a 2023, indicating the ones in gray are stop sign controlled intersections, the intersections in red are signal controlled intersections. Information will continue to be tracked through 2024; it is really important to be transparent and communicate with the community about the numbers as it should not be a program that is implemented without due process and transparency. Councilmember Dotsch asked if those accidents were all the result of running the red light or just accidents that happened at the intersection. Chief Bennett answered the accidents are intersection -related. Councilmember Dotsch said she was surprised to see how many one car accidents there were. As there are are now U turns on Highway 99; Councilmember Dotsch asked if the red light cameras would catch those. Chief Bennett answered if the light is still green or yellow when the vehicle enters the intersection, it is not a violation. Assistant Chief Sniffen said the camera takes a series of three photographs as the car moves through the intersection. Councilmember Eck commented as the council discusses this over the next few weeks or months, she encouraged councilmembers to look at the logic and the statistics and keep in mind this is about empathy and caring for our family members, neighbors, and community members and not having one person injured. COUNCILMEMBER PAINE MOVED, SECONDED BY COUNCIL PRESIDENT OLSON, TO EXTEND TO 10:23. UPON ROLL CALL, MOTION FAILED (4-3) FOR LACK OF A SUPER MAJORITY, COUNCILMEMBERS ECK, PAINE, AND NAND AND COUNCIL PRESIDENT OLSON VOTING YES; COUNCILMEMBERS CHEN, TIBBOTT AND DOTSCH VOTING NO. 11. MAYOR'S COMMENTS Mayor Rosen had no comments. 12. COUNCIL COMMENTS Councilmember Eck acknowledged February is Black History Month. It is a tradition that started in the Jim Crow era and was officially recognized in 1976 as part of the national bicentennial celebration. It aims to honor the contributions that African Americans have made and to recognize their sacrifices. It is an important recognition to pause and take note of. Councilmember Paine expressed appreciation for the conversation about red light cameras. She pointed out driver's ed is no longer taught in schools so there are at least 20 years' worth of students who if they did not receive driver training through a private vendor, no longer get it in school which is something to consider in the driving mishaps that occur. Council President Olson expressed her extreme appreciation to Snohomish County for the wonderful, supportive grant they provided for parks and open space. Councilmember Nand acknowledged the loss of Alexei Navalny on February 16, the leader of the opposition to Vladimir Putin and his murderous regime. This is a great loss for the opportunity for peace, democracy, and government accountability in Russia. She is making these comments due to disturbing pro- Putin comments she has seen in local Facebook groups. ADJOURNMENT With no further business, the council meeting was adjourned at 10:14 pm. Edmonds City Council Draft Minutes February 20, 2024 Page 34 Packet Pg. 75 8.2 City Council Agenda Item Meeting Date: 03/5/2024 Approval of claim checks and wire payment. Staff Lead: Dave Turley Department: Administrative Services Preparer: Nori Jacobson Background/History Approval of claim checks #261516 through #261609 dated February 22, 2024 for $1,356,637.21 and wire payment of $23,062.87. Staff Recommendation Approval of claim checks and wire payment. Narrative The Council President shall be designated as the auditing committee for the city council. The council president shall review the documentation supporting claims paid and review for approval by the city council at its next regular public meeting all checks or warrants issued in payment of any claim, demand or voucher. A list of each claim, demand or voucher approved and each check or warrant issued indicating the check or warrant number, the amount paid and the vendor or payee shall be filed in the city council office for review by individual councilmembers prior to each regularly scheduled public meeting. Attachments: Claims 02-22-24 Agenda copy Packet Pg. 76 8.2.a apPosPay Positive Pay Listing Page: 1 2/22/2024 4:42:59PM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 079330 76 INVESTMENT LLC 261516 2/22/2024 7,000.00 076040 911 SUPPLY INC 261517 2/22/2024 3,147.94 070322 A&A LANGUAGE SERVICES INC 261518 2/22/2024 170.00 078469 AGUIRRE, RAUL 261519 2/22/2024 406.25 069751 ARAMARK UNIFORM SERVICES 261520 2/22/2024 241.10 079353 ASPECT CONSULTING LLC 261521 2/22/2024 3,601.75 079382 ATWELL LLC 261522 2/22/2024 15,757.50 070305 AUTOMATIC FUNDS TRANSFER 261523 2/22/2024 2,717.72 002100 BARNARD, EARL 261524 2/22/2024 1,616.25 069226 BHC CONSULTANTS LLC 261525 2/22/2024 18,010.52 068007 BICKFORD MOTORS INC 261526 2/22/2024 8,805.25 028050 BILL PIERRE FORD INC 261527 2/22/2024 237.74 074307 BLUE STAR GAS 261528 2/22/2024 954.20 073029 CANON FINANCIAL SERVICES 261529 2/22/2024 632.77 069813 CDW GOVERNMENT INC 261530 2/22/2024 1,130.39 069457 CITY OF EDMONDS 261531 2/22/2024 890.00 064369 CODE PUBLISHING LLC 261532 2/22/2024 285.65 070323 COMCAST BUSINESS 261533 2/22/2024 55.80 076107 COMPASS HEALTH 261534 2/22/2024 10,653.15 065891 CONLEY, LISA M 261535 2/22/2024 80.00 065683 CORRY'S FINE DRY CLEANING 261536 2/22/2024 483.83 006200 DAILY JOURNAL OF COMMERCE 261537 2/22/2024 907.80 072145 DISTINCTIVE WINDOWS INC 261538 2/22/2024 74,304.93 071969 EDMONDS CENTER FOR THE ARTS 261539 2/22/2024 25,000.00 008705 EDMONDS WATER DIVISION 261540 2/22/2024 7,163.26 008812 ELECTRONIC BUSINESS MACHINES 261541 2/22/2024 1,351.68 008969 ENGLAND, CHARLES 261542 2/22/2024 374.00 009350 EVERETT DAILY HERALD 261543 2/22/2024 99.76 072493 FIRSTLINE COMMUNICATIONS INC 261544 2/22/2024 292.83 065023 FLUKE ELECTRONICS 261545 2/22/2024 1,467.20 072634 GCP WW HOLDCO LLC 261546 2/22/2024 771.99 068015 GRICE INDUSTRIES 261547 2/22/2024 875.00 078272 HARRINGTON, SHEILAANNE 261548 2/22/2024 130.00 013140 HENDERSON, BRIAN 261549 2/22/2024 1,978.80 072647 HERRERA ENVIRONMENTAL 261550 2/22/2024 5,696.28 013500 HINGSON, ROBERT 261551 2/22/2024 3,503.80 076240 HM PACIFIC NORTHWEST INC 261552 2/22/2024 767.32 061013 HONEY BUCKET 261553 2/22/2024 3,745.22 060165 HWA GEOSCIENCES INC 261554 2/22/2024 2,396.90 073548 INDOFF INCORPORATED 261555 2/22/2024 93.93 076828 INSTRUMENT TECHNOLOGIES INC 261556 2/22/2024 260.00 079506 INTERNATIONAL BRONZE 261557 2/22/2024 4,385.00 014940 INTERSTATE BATTERY SYSTEMS 261558 2/22/2024 610.91 015280 JONES, KENTON 261559 2/22/2024 2,472.08 072650 KCDA PURCHASING COOPERATIVE 261560 2/22/2024 232.26 066522 LAKESIDE INDUSTRIES INC 261561 2/22/2024 1,899.23 078360 LANGUAGE LINE SOLUTIONS 261562 2/22/2024 794.26 074693 LETTERWORKS SIGN DESIGN 261563 2/22/2024 497.25 078470 LEVESON, NANCY ANN 261564 2/22/2024 130.00 073603 LIGHTHOUSE LAW GROUP PLLC 261565 2/22/2024 102,250.30 074263 LYNNWOOD WINSUPPLY CO 261566 2/22/2024 41.00 019940 MC COMAS, GARY 261567 2/22/2024 4,409.32 020900 MILLERS EQUIP & RENT ALL INC 261568 2/22/2024 147.48 Page: 1 Packet Pg. 77 8.2.a apPosPay Positive Pay Listing 2/22/2024 4:42:59PM City of Edmonds Document group: jacobson Vendor Code & Name Check # Check Date Amount 021983 MOTOR TRUCKS INT'L & IDEALEASE 261569 2/22/2024 196.09 018950 NAPA AUTO PARTS 261570 2/22/2024 27.86 067694 NC POWER SYSTEMS CO. 261571 2/22/2024 15,123.85 024302 NELSON-REISNER 261572 2/22/2024 156.64 062594 NEW PIG CORPORATION 261573 2/22/2024 355.90 072739 O'REILLYAUTO PARTS 261575 2/22/2024 20.54 070306 OBERG, WILLIAM 261574 2/22/2024 2,306.24 002203 OWEN EQUIPMENT COMPANY 261576 2/22/2024 1,822.28 078127 OWENS PUMP & EQUIPMENT 261577 2/22/2024 113.04 026830 PACIFIC PLUMBING SUPPLY 261578 2/22/2024 38.30 074793 PETDATA INC 261579 2/22/2024 779.50 069322 PETERSEN BROTHERS INC 261580 2/22/2024 503.53 071783 PIGSKIN UNIFORMS 261581 2/22/2024 635.31 079020 PRECISION LANGUAGE SERVICES 261582 2/22/2024 130.00 071559 PUBLIC SAFETY PSYCHOLOGICAL SV 261583 2/22/2024 480.00 070789 QUALITY CONTROL SERVICES INC 261584 2/22/2024 1,029.00 062657 REGIONAL DISPOSAL COMPANY 261585 2/22/2024 9,172.80 066977 RHOMAR INDUSTRIES INC 261586 2/22/2024 2,875.02 067447 RILEY, CHARLES H 261587 2/22/2024 2,826.35 064769 ROMAINE ELECTRIC 261588 2/22/2024 119.34 069477 ROTARY OFFSET PRESS INC 261589 2/22/2024 4,625.78 079523 RUSTED ELEMENT DESIGN 261590 2/22/2024 792.00 033550 SALMON BAY SAND & GRAVEL 261591 2/22/2024 3,073.23 066918 SEDOR, NORMAN 261592 2/22/2024 22,978.80 070495 SEPULVEDA, PABLO 261593 2/22/2024 260.00 036041 SETINA MFG CO 261594 2/22/2024 1,597.83 063306 SHERWIN-WILLIAMS 261595 2/22/2024 212.05 079507 SITTS & HILL ENGINEERS INC 261596 2/22/2024 7,870.16 037375 SNO CO PUD NO 1 261597 2/22/2024 4,170.68 037303 SO SNOHOMISH CO FIRE & RESCUE 261598 2/22/2024 917,042.00 038410 SOUND SAFETY PRODUCTS 261599 2/22/2024 432.95 079439 STOWE DEVELOPMENT & STRATEGIES 261600 2/22/2024 1,530.00 068141 TRANSPO GROUP 261601 2/22/2024 10,656.25 042750 TRIBUZIO, WALLACE 261602 2/22/2024 2,536.49 076419 TRUE NORTH ENVIRONMENTAL EQUIP 261603 2/22/2024 6,803.72 044960 UTILITIES UNDERGROUND LOC CTR 261604 2/22/2024 284.64 047960 WEAN, GREG 261605 2/22/2024 2,163.44 073552 WELCO SALES LLC 261606 2/22/2024 414.68 051050 WYATT, ARTHUR D 261607 2/22/2024 2,178.46 071634 ZAYO GROUP LLC 261608 2/22/2024 1,842.40 011900 ZIPLY FIBER 261609 2/22/2024 532.46 G randTotal : 1,356,637.21 Total count: 94 Page: 2 Packet Pg. 78 8.3 City Council Agenda Item Meeting Date: 03/5/2024 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. Most recently the council heard an updated proposal at the February 6 meeting and moved the proposal to consent for adoption. Staff Recommendation Staff recommends City Council approval on the 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. Packet Pg. 79 8.3 To maintain compliance with state and local requirements, the City must adopt the code amendments prior to March 15, 2024. Attachment A is the updated text of Title 19 in its entirety, showing underline and strike through of those most recent minor updates discussed at the last council meeting, here listed: Pg 3: Add Appendix P to list of adopted appendices. This was inadvertently left off the list. Several locations (6 total) changed "development services director" to "planning and development director" for general cleanup. Pg 45: Minor wording cleanup. Pg 46: Minor wording cleanup. Pg 48: Minor numbering cleanup. Pg 49: Minor wording cleanup. Attachment B is a clean copy of Title 19. Attachments: Title 19 Attachment A with Minor Markups Title 19 Attachment B Clean Copy for Consent 2024-02-27 building code ordinance Title 19 Strike Through Underline Final Packet Pg. 80 Edmonds Title 19 BUILDING CODES Page 1/81 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 Packet Pg. 81 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 2/81 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]. Packet Pg. 82 Edmonds Chapter 19.00 BUILDING CODE Page 3/81 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 -a -ad, J and P. [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. Packet Pg. 83 8.3.a Edmonds Chapter 19.00 BUILDING CODE Page 4/81 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). Packet Pg. 84 Edmonds Chapter 19.00 BUILDING CODE Page 5/81 (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: Packet Pg. 85 Edmonds Chapter 19.00 BUILDING CODE Page 6/81 (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 Packet Pg. 86 Edmonds Chapter 19.00 BUILDING CODE Page 7/81 (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. Packet Pg. 87 Edmonds Chapter 19.00 BUILDING CODE Page 8/81 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. Packet Pg. 88 Edmonds Chapter 19.00 BUILDING CODE 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: Page 9/81 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. Packet Pg. 89 Edmonds Chapter 19.00 BUILDING CODE AA. Section 3109.5, Wastewater Disposal, is added and reads: Page 10/81 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. 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 Packet Pg. 90 Edmonds Chapter 19.00 BUILDING CODE Page 11/81 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 sen4ee planning and development director or designee. Vesting shall occur only when the application is deemed complete by the development serAeesplanning and development 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 sen,ieesplanning and development 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 Packet Pg. 91 Edmonds Page 12/81 Chapter 19.00 BUILDING CODE 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: 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. Packet Pg. 92 Edmonds Page 13/81 Chapter 19.00 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 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]. Packet Pg. 93 Edmonds 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 14/81 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 Packet Pg. 94 Edmonds Chapter 19.05 RESIDENTIAL BUILDING CODE B. Section R313, Automatic fire sprinkler system, is amended to read: Page 15/81 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 Packet Pg. 95 Edmonds Page 16/81 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]. Packet Pg. 96 Edmonds 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 17/81 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 Packet Pg. 97 Edmonds Chapter 19.07 FLOOD DAMAGE PREVENTION Page 18/81 declared to be a part of this chapter. The FIS and the FIRM are on file at the development sen4eesplannin and development 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). 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 (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. Packet Pg. 98 Edmonds Page 19/81 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. Packet Pg. 99 Edmonds Page 20/81 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 Packet Pg. 100 Edmonds Chapter 19.07 FLOOD DAMAGE PREVENTION Page 21/81 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. Packet Pg. 101 Edmonds Chapter 19.07 FLOOD DAMAGE PREVENTION Page 22/81 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: Packet Pg. 102 Edmonds Chapter 19.07 FLOOD DAMAGE PREVENTION Page 23/81 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]. Packet Pg. 103 Edmonds Chapter 19.07 FLOOD DAMAGE PREVENTION Page 24/81 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 Packet Pg. 104 Edmonds Chapter 19.07 FLOOD DAMAGE PREVENTION Page 25/81 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; Packet Pg. 105 Edmonds Chapter 19.07 FLOOD DAMAGE PREVENTION Page 26/81 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]. Packet Pg. 106 Edmonds Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA Page 27/81 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. Packet Pg. 107 Edmonds Page 28/81 Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA 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 Packet Pg. 108 Edmonds Page 29/81 Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA (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: Packet Pg. 109 Edmonds Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA 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. Page 30/81 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 servieesplanning and development director or his/her designee. Packet Pg. 110 Edmonds Page 31/81 Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA 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. Packet Pg. 111 Edmonds Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA Page 32/81 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. Packet Pg. 112 Edmonds Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA Page 33/81 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. Packet Pg. 113 Edmonds Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA Page 34/81 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 Packet Pg. 114 Edmonds Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA Page 35/81 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. Packet Pg. 115 Edmonds Page 36/81 Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA 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 Packet Pg. 116 Edmonds Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA Page 37/81 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. Packet Pg. 117 Edmonds Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA Page 38/81 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. Packet Pg. 118 Edmonds Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA Page 39/81 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. Packet Pg. 119 8.3.a Edmonds 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]. Packet Pg. 120 8.3.a Edmonds 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. Page 41/81 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]. Packet Pg. 121 8.3.a Edmonds 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 42/81 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]. Packet Pg. 122 8.3.a Edmonds 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 43/81 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. Packet Pg. 123 Edmonds Chapter 19.25 FIRE CODE J. Section 503 Fire Apparatus Access Roads is hereby adopted and amended to read: Page 44/81 503.1 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. Packet Pg. 124 8.3.a Edmonds Chapter 19.25 FIRE CODE Page 45/81 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 providedthroughatit 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. Packet Pg. 125 8.3.a Edmonds Chapter 19.25 FIRE CODE Page 46/81 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 Packet Pg. 126 Edmonds 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 Page 47/81 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. Packet Pg. 127 8.3.a Edmonds Chapter 19.25 FIRE CODE Page 48/81 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: 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. Packet Pg. 128 Edmonds Chapter 19.25 FIRE CODE Page 49/81 503.8 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 eno 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. Packet Pg. 129 Edmonds Chapter 19.25 FIRE CODE Page 50/81 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 Packet Pg. 130 Edmonds Page 51/81 Chapter 19.25 FIRE CODE 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: Packet Pg. 131 Edmonds Chapter 19.25 FIRE CODE Page 52/81 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. Packet Pg. 132 Edmonds Page 53/81 Chapter 19.25 FIRE CODE 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 Packet Pg. 133 Edmonds Chapter 19.25 FIRE CODE Page 54/81 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. Packet Pg. 134 Edmonds Chapter 19.25 FIRE CODE Page 55/81 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. Packet Pg. 135 Edmonds Chapter 19.25 FIRE CODE Page 56/81 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]. Packet Pg. 136 Edmonds Page 57/81 Chapter 19.25 FIRE CODE 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 Packet Pg. 137 Edmonds Chapter 19.25 FIRE CODE Page 58/81 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. Packet Pg. 138 Edmonds Chapter 19.25 FIRE CODE Page 59/81 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]. Packet Pg. 139 Edmonds 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]. Packet Pg. 140 Edmonds Chapter 19.35 INTERNATIONAL SWIMMING POOL AND SPA CODE Chapter 19.35 INTERNATIONAL SWIMMING POOL AND SPA CODE Page 61/81 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. Packet Pg. 141 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. Page 62/81 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]. Packet Pg. 142 Edmonds Chapter 19.45 INTERNATIONAL CODE COUNCIL PERFORMANCE CODE Chapter 19.45 INTERNATIONAL CODE COUNCIL PERFORMANCE CODE Page 63/81 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]. Packet Pg. 143 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. Packet Pg. 144 Edmonds 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 65/81 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]. Packet Pg. 145 Edmonds 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. Page 66/81 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 Packet Pg. 146 Edmonds Chapter 19.60 MOVING BUILDINGS Page 67/81 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]. Packet Pg. 147 Edmonds 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 68/81 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]. Packet Pg. 148 Edmonds Page 69/81 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]. Packet Pg. 149 8.3.a 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. Page 70/81 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]. Packet Pg. 150 8.3.a Edmonds Page 71/81 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]. Packet Pg. 151 8.3.a 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. Page 72/81 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. Packet Pg. 152 8.3.a Edmonds Chapter 19.75 STREET NAMES AND ADDRESS NUMBERING Page 73/81 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]. Packet Pg. 153 8.3.a 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. Page 74/81 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 Packet Pg. 154 8.3.a Edmonds Page 75/81 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 Packet Pg. 155 Edmonds Chapter 19.80 APPEALS Page 76/81 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]. Packet Pg. 156 8.3.a Edmonds Chapter 19.80 APPEALS Page 77/81 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]. Packet Pg. 157 8.3.a 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. Page 78/81 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]. Packet Pg. 158 Edmonds Chapter 19.90 LIMITATION OF BENEFITED AND PROTECTED CLASSES Chapter 19.90 LIMITATION OF BENEFITED AND PROTECTED CLASSES Page 79/81 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] Packet Pg. 159 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: Page 80/81 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 sen4eesplannin,g and development director or his/her 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. Packet Pg. 160 Edmonds Chapter 19.95 CONVERSION CONDOMINIUMS Page 81/81 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]. Packet Pg. 161 Edmonds Title 19 BUILDING CODES Page 1/81 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 Packet Pg. 162 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 2/81 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]. Packet Pg. 163 Edmonds Chapter 19.00 BUILDING CODE Page 3/81 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, J and P. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Art. 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. Packet Pg. 164 Edmonds Chapter 19.00 BUILDING CODE Page 4/81 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). Packet Pg. 165 Edmonds Chapter 19.00 BUILDING CODE Page 5/81 (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: Packet Pg. 166 Edmonds Chapter 19.00 BUILDING CODE Page 6/81 (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 Packet Pg. 167 Edmonds Chapter 19.00 BUILDING CODE Page 7/81 (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. Packet Pg. 168 Edmonds Chapter 19.00 BUILDING CODE Page 8/81 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. Packet Pg. 169 Edmonds Chapter 19.00 BUILDING CODE 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: Page 9/81 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. Packet Pg. 170 Edmonds Chapter 19.00 BUILDING CODE AA. Section 3109.5, Wastewater Disposal, is added and reads: Page 10/81 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. 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 Packet Pg. 171 Edmonds Chapter 19.00 BUILDING CODE Page 11/81 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 planning and development director or designee. Vesting shall occur only when the application is deemed complete by the planning and development 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 planning and development 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: Packet Pg. 172 Edmonds Page 12/81 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 Packet Pg. 173 Edmonds Page 13/81 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]. Packet Pg. 174 Edmonds 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 14/81 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 Packet Pg. 175 Edmonds Chapter 19.05 RESIDENTIAL BUILDING CODE B. Section R313, Automatic fire sprinkler system, is amended to read: Page 15/81 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 Packet Pg. 176 Edmonds Page 16/81 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]. Packet Pg. 177 Edmonds 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 17/81 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 Packet Pg. 178 Edmonds Chapter 19.07 FLOOD DAMAGE PREVENTION Page 18/81 declared to be a part of this chapter. The FIS and the FIRM are on file at the planning and development 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). 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 (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. Packet Pg. 179 Edmonds Page 19/81 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. Packet Pg. 180 Edmonds Page 20/81 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 Packet Pg. 181 Edmonds Chapter 19.07 FLOOD DAMAGE PREVENTION Page 21/81 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. Packet Pg. 182 Edmonds Chapter 19.07 FLOOD DAMAGE PREVENTION Page 22/81 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: Packet Pg. 183 Edmonds Chapter 19.07 FLOOD DAMAGE PREVENTION Page 23/81 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]. Packet Pg. 184 Edmonds Chapter 19.07 FLOOD DAMAGE PREVENTION Page 24/81 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 Packet Pg. 185 Edmonds Chapter 19.07 FLOOD DAMAGE PREVENTION Page 25/81 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; Packet Pg. 186 Edmonds Chapter 19.07 FLOOD DAMAGE PREVENTION Page 26/81 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]. Packet Pg. 187 Edmonds Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA Page 27/81 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. Packet Pg. 188 Edmonds Page 28/81 Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA 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 Packet Pg. 189 Edmonds Page 29/81 Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA (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: Packet Pg. 190 Edmonds Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA 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. Page 30/81 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 planning and development director or his/her designee. Packet Pg. 191 Edmonds Page 31/81 Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA 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. Packet Pg. 192 Edmonds Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA Page 32/81 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. Packet Pg. 193 Edmonds Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA Page 33/81 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. Packet Pg. 194 Edmonds Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA Page 34/81 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 Packet Pg. 195 Edmonds Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA Page 35/81 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. Packet Pg. 196 Edmonds Page 36/81 Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA 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 Packet Pg. 197 Edmonds Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA Page 37/81 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. Packet Pg. 198 Edmonds Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA Page 38/81 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. Packet Pg. 199 Edmonds Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA Page 39/81 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. Packet Pg. 200 8.3.b Edmonds 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]. Packet Pg. 201 8.3.b Edmonds 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. Page 41/81 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]. Packet Pg. 202 8.3.b Edmonds 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 42/81 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]. Packet Pg. 203 8.3.b Edmonds 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 43/81 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. Packet Pg. 204 Edmonds Chapter 19.25 FIRE CODE J. Section 503 Fire Apparatus Access Roads is hereby adopted and amended to read: Page 44/81 503.1 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. Packet Pg. 205 C 7 Edmonds Chapter 19.25 FIRE CODE Page 45/81 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 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. Packet Pg. 206 8.3.b Edmonds Chapter 19.25 FIRE CODE Page 46/81 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. • For right turns from/onto principal arterials where the City would anticipate 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 Packet Pg. 207 Edmonds 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 Page 47/81 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. Packet Pg. 208 Edmonds Chapter 19.25 FIRE CODE Page 48/81 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: 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. Packet Pg. 209 Edmonds Chapter 19.25 FIRE CODE Page 49/81 503.8 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 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. Packet Pg. 210 Edmonds Chapter 19.25 FIRE CODE Page 50/81 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 Packet Pg. 211 Edmonds Page 51/81 Chapter 19.25 FIRE CODE 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: Packet Pg. 212 Edmonds Chapter 19.25 FIRE CODE Page 52/81 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. Packet Pg. 213 Edmonds Page 53/81 Chapter 19.25 FIRE CODE 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 Packet Pg. 214 Edmonds Chapter 19.25 FIRE CODE Page 54/81 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. Packet Pg. 215 Edmonds Chapter 19.25 FIRE CODE Page 55/81 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. Packet Pg. 216 Edmonds Chapter 19.25 FIRE CODE Page 56/81 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]. Packet Pg. 217 Edmonds Page 57/81 Chapter 19.25 FIRE CODE 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 Packet Pg. 218 Edmonds Chapter 19.25 FIRE CODE Page 58/81 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. Packet Pg. 219 Edmonds Chapter 19.25 FIRE CODE Page 59/81 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]. Packet Pg. 220 Edmonds 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]. Packet Pg. 221 Edmonds Chapter 19.35 INTERNATIONAL SWIMMING POOL AND SPA CODE Chapter 19.35 INTERNATIONAL SWIMMING POOL AND SPA CODE Page 61/81 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. Packet Pg. 222 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. Page 62/81 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]. Packet Pg. 223 Edmonds Chapter 19.45 INTERNATIONAL CODE COUNCIL PERFORMANCE CODE Chapter 19.45 INTERNATIONAL CODE COUNCIL PERFORMANCE CODE Page 63/81 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]. Packet Pg. 224 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. Packet Pg. 225 Edmonds 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 65/81 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]. Packet Pg. 226 Edmonds 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. Page 66/81 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 Packet Pg. 227 Edmonds Chapter 19.60 MOVING BUILDINGS Page 67/81 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]. Packet Pg. 228 Edmonds 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 68/81 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]. Packet Pg. 229 Edmonds Page 69/81 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]. Packet Pg. 230 8.3.b 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. Page 70/81 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]. Packet Pg. 231 Edmonds Page 71/81 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]. Packet Pg. 232 8.3.b 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. Page 72/81 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. Packet Pg. 233 Edmonds Chapter 19.75 STREET NAMES AND ADDRESS NUMBERING Page 73/81 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]. Packet Pg. 234 8.3.b 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. Page 74/81 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 Packet Pg. 235 Edmonds Page 75/81 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 Packet Pg. 236 Edmonds Chapter 19.80 APPEALS Page 76/81 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]. Packet Pg. 237 8.3.b Edmonds Chapter 19.80 APPEALS Page 77/81 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]. Packet Pg. 238 8.3.b 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. Page 78/81 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]. Packet Pg. 239 Edmonds Chapter 19.90 LIMITATION OF BENEFITED AND PROTECTED CLASSES Chapter 19.90 LIMITATION OF BENEFITED AND PROTECTED CLASSES Page 79/81 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]. Packet Pg. 240 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: Page 80/81 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 planning and development director or his/her 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. Packet Pg. 241 Edmonds Chapter 19.95 CONVERSION CONDOMINIUMS Page 81/81 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]. Packet Pg. 242 8.3.c ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING THE STATE BUILDING CODE AND RELATED CODES AND AMENDING TITLE 19 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE PERTAINING TO THE BUILDING CODE AND RELATED CODES WHEREAS, the state building code is adopted by the state pursuant to RCW 19.27.031 and RCW 19.27.074; and WHEREAS, the 2021 International (Building) Codes, as amended by the state, become effective March 15, 2024; and WHEREAS, normally, the building codes are on a three-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; and WHEREAS, in anticipation of the October 29, 2023 adoption date, this same Title 19 update proposal was presented to the PPSP Committee on September 12, 2023 and at that time was moved to the next consent calendar for adoption; and WHEREAS, 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; and WHEREAS, Edmonds -specific amendments are proposed to maintain alignment with the base codes which have been updated; and WHEREAS, 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 in which Edmonds participates; and WHEREAS, 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; and Packet Pg. 243 8.3.c WHEREAS, the state building code is in effect in every city and county in the state of Washington unless amendments to the state building code are adopted at the local level; and WHEREAS, the city council is authorized to amend the state building code as it applies within the City of Edmonds as long as the minimum performance standards of the codes and the objectives enumerated in RCW 19.27.020 are not be diminished by any of the city's amendments; and WHEREAS, the city's building official has recommended several amendments to the state building code; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Title 19 of the Edmonds Community Development Code, entitled "Building Codes," is hereby amended to read as set forth in Attachment A hereto, which is incorporated herein by this reference as if set forth in full (new text is shown in underline; deleted text is shown in strike gffetigh). 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. APPROVED: MAYOR MIKE ROSEN Packet Pg. 244 8.3.c ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: M JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 245 8.3.c 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 CITY OF EDMONDS, WASHINGTON, ADOPTING THE STATE BUILDING CODE AND RELATED CODES AND AMENDING TITLE 19 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE PERTAINING TO THE BUILDING CODE AND RELATED CODES The full text of this Ordinance will be mailed upon request. DATED this day of 92024. CITY CLERK, SCOTT PASSEY 4840-7251-8158,v. 1 Packet Pg. 246 8.3.d 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. 247 8.3.d 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 Intemational Building Code adopted. 19.00.025 Intemational 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. "Intemational 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]. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 248 8.3.d 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 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 (Att. A), 2021; Ord. 4029 § 1 (Att. 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), aftkF), k1). (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), 201-�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 and P. [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: The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Commented [BL1]: Administrative provisions of I chapter 1 should apply to I, L and M as well as those previously stated. See list in 19.00.00S above. Packet Pg. 249 8.3.d Edmonds Page 4/83 Chapter 19.00 BUILDING CODE 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. N 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 O V 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. i LL 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. C1 5. Grading of Site Back to Original Topography Grades. Basements shall be filled and compacted to 90 percent C :a 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 m clean and free draining, placed above unyielding native site soils and compacted to a minimum of 90 percent modified proctor, per ASTM D1557. O 6. Temporary erosion control shall be installed and maintained per Chapter 18.30 ECDC. ++ H F. Section 105.1.2, Annual Permit Records, is deleted. v 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 entirelv within a buildine when located in areas of flood hazard or areas within the desienated Wildland Urban Interface Permits shall not be required for the following unless required by the provisions of ECDC Title 23 or limited or prohibited by the provisionsof 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. Formatted: Right: 0" H El Packet Pg. 250 8.3.d 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: LL i. Replacing the panel on a previously permitted existing wall cabinet or pole sign, C 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, t or federal law, O L v. Temporary signs announcing the sale or rent of property and other temporary signs as described in ECDC t H 20.60.080, � Y vi. Signs erected by the transportation authorities, and temporary seasonal and holiday displays. Formatted: Right: 0" M T_ 2. Mechanical: Formatted: Right: 0" 4 r.+ (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. d t (c) Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. V R d Steam, hot or chilled water piping within an heating or cooling equipment re regulated b this code. () PP g Y g gg Y �+ Q (e) Portable evaporative cooler. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 251 8.3.d Edmonds Page 6/83 Chapter 19.00 BUILDING CODE (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. (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 project 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 INdaysl2 months following the date of application, shall Commented [BL2]: Many projects are now needi 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 cc or destroyed by the building official. code allows 18 months. 2. The building official may extend the time for action by the applicant for a period not exceeding 489-days6 Formatted- Right: 0- months prior to such expiration date. 3. No application shall be extended more than once for a total application life of 360-daysl8 ptmonths except as allowed within this section. In ,._ao_ to _enw.A.. action a an expired ,.....r,.,.t.,.. the event of application The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Q Packet Pg. 252 8.3.d Edmonds Page 7/83 Chapter 19.00 BUILDING CODE 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 N (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 V toward final City decision; or i LL (c) Litigation against the City or applicant is in progress, the outcome of which may affect the validity or the M provisions of any permit issued pursuant to such application. C R I. Section 105.3.3, Fully Complete Application, is added and reads: C In accordance with the provisions of RCW 19.27.031 and 19.27.074, an applicant's rights shall vest when a Formatted: Right: 0" fully complete building permit application is filed. A fully complete building permit application is an 7 application executed by the owners of the property for which the application is submitted or the duly authorized m 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 4) 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 H made to submit a substantially complete application containing all required components. Where required, the v application and supporting documents shall be stamped and/or certified by the appropriate engineering, IC 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 LL chapter and code._�ot mechanical, plumbing and fire permit applications related to the scope of work identified _ Commented [BL3]: This is what Edmonds has be( C 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 y the complete building permit application will apply. P g otherMBPjurisdictions. N 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 Formatted: Right: 0" � 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 0 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 Y 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 N discretionary approval, the building permit plans are modified or amended to comply with conditions or p� 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 4) further, that any applicant -initiated changes made after the original plan review is complete shall also require ~ payment of full plan review fees. C K. Section 105.5, Permit Expiration and Extension, is amended to read: 4) 1. Every permit issued under ECDC Title 19 shall expire by limitation 360-days2 years after issuance_,excepLast in ECDC; 19.00.0251(2). Formatted: Right: 0"provided V 2.Durin or after a declared emergency covered under RCW chapter 38.52, the building official may authorize Commented [BL4]: New section based on MBP C r.+ a+ Q one 6-month extension to an unexpired permit if the building official finds that the state of emergency resulted code. in a stoppage of work or substantial construction delays. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 253 Edmonds Chapter 19.00 BUILDING CODE Page 8/83 Formatted: No Spacing, Indent: Left: 0.5", Righ extended, Space After: 0 pt, Adjust space between Latin a tmies. theybuilding pefmit for a larger eanstmetien projeet, in which case :«. � r,ithof \ Asian text, Adjust space between Asian text and r.......mith the life the r:.....ry numbers Demolition permits; Commented [BLS]: COE Permit Coodinators reco changing to 2 years for all permits. King county plan Permits for Moving Buildings required by Chapter 19.60 l:!`DC; allow 2 years with a 1 year extension. See mbp com code 105.5. Tank removal, «....L fill o ....L plaeement Formatted: Indent: Left: 0.5", Right: 0" Grading, exeavation and fill per.+4s xxa.ter SWPI'iee line Per...:t...-- Formatted: Indent: Left: 0.5", Right: 0", Tab st< plumbing t 0.5", Left Gas piping peFmits; -leek amd ,leek pefmit... renee s De af. Retaining wall pefmits; Formatted: Indent: Left: 0.5", Right: 0" Swimming pool, hot tub and spa pefmits; Sign permits; Shoring « Foundation permits. yeaf. Provided there has heen at leaqt one (1) required pr-egfess inspection een"eted by the city building Formatted: Right: 0" quafter the original building permit fee toe end the pe««:t 42. If the applicant cannot complete work issued -under an_-e*4exdedissued permit within a total period of two Formatted: Not Highlight (2) years, the applicant may request in writing, prior to the second year expiration, an extension for a third and final year. y Formatted: Right: 0" r f r « pfevietts eiaefisio. the permit n 1 1 ermit fees shall be charged at a rate of _Bone Commented [BL6]: Removing the requirement fc quarter the original building permit fee to extend the permit. progress inspection. MBP Common code does not n -4. The maximum amount of time any building permit may be extended shall be a total of three (3) years. At progress inspection. 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. Commented [BL7]: New section based on MBP C is Whenever an appeal is filed and a necessary development approval is stayed in accordance with ECDC code and consistent with our current practice. 20.06.030 the time limit periods imposed under this section shall also be stayed until final decision. % Formatted- Font: Times New Roman, 10 pt g5r I£ a permit expired without final inspection and no further work was performed during the expiration period, Formatted: Font: Times New Roman, 10 t �/ p the building official may authorize a 30-day extension to an expired permit for the purpose of performing a final Formatted Font: Times New Roman, 10 pt inspection and closing out the permit as long as not more than 4S0-da}�s6 month5,has passed since Formatted: Font: Times New Roman, 10 pt The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 254 Edmonds Page 9/83 Chapter 19.00 BUILDING CODE 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 113,13eaFd-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: Formatted: Font: Formatted: Right: 0", Space After: 0 pt, Adjust between Latin and Asian text, Adjust space bets Asian text and numbers Formatted: Right: 0" HIGH-RISE BUILDING. A building with an occupied floor or rooftop located more than 75 feet (22,860 min) - -- Formatted• Right: 0" 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 - Formatted: Right: 0" 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 Formatted: Right: 0" 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. — Formatted: Right: 0" S. Section 903.3.7 is amended to read: Fire department connections shall be installed in accordance with Section 912 and ECDC 19.25.4334035C. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Formatted: Right: 0" Packet Pg. 255 8.3.d Edmonds Chapter 19.00 BUILDING CODE 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 Formatted: Right: 0" 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 19.25.03-5C-035D. V. Section 1608.1, General, is amended to read: Formatted: Right: 0" Design snow loads shall be determined in accordance with Chapter 7 of ASCE 7, but the design roof snow load - Formatted• Not Highlight shall not be less than that determined by Section 1607, or 25 pounds per square foot, whichever is greater. Formatted: Right: 0" 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 .- Formatted: Right: 0" 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 Formatted: Right: 0" 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. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Formatted: Right: 0- ' --I Formatted: Right: 0" Formatted: Right: 0" Packet Pg. 256 8.3.d Edmonds Page 11/83 Chapter 19.00 BUILDING CODE 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: N d The appropriate city inspector shall be notified for the following applicable inspections: Formatted Right: 0" V 1. Footing, wall, pre -form, pre-gunite, erosion control, underground plumbing, sanitary extension and cleanout, i mechanical pool equipment, gas piping, mechanical enclosure location, cross connection and final inspection. jL 2. An initial cross connection control installation inspection is required by the city cross connection control = specialist prior to final installation approval. C1 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 V .7 and approval. m CC. Appendix E, Accessibility Requirements, is amended by deleting Sections E107, El08, E110 and E111. DD. Appendix H, Signs, is amended as follows: r.+ 1. Section H101.2, Signs exempt from permits, is replaced b subsection E 1 of this section. gn P P P Y O( )(p) Formatted: Right: 0" ~ 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 LL pictorially, of any kind on any seating bench, or in direct connection with any bench. C 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 C 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. a1 3 d. All signs which are located within a public right-of-way and that have been improperly posted or displayed OL are hereby declared to be a public nuisance and shall be subject to immediate removal and confiscation per ~ ECDC 20.60.090. d Y 3. Sections H104, Identification, H106.1.1, Internally illuminated signs, H107, Combustible materials, H108, L Animated devices, H109.1, Height restrictions, and H110, Roof signs, are deleted. C0 O� [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. 4.; C In addition to the vesting rights created by RCW 19.27.095 and ECDC 19.00.015, an applicant for development as 41 defined in ECDC 20.10.010 and subject to architectural design board (ADB) review may, at the applicant's option, E file a fully complete augmented architectural design review application (hereinafter "augmented ADB application") V 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 Q 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. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 257 8.3.d Edmonds Chapter 19.00 BUILDING CODE Page 12/83 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 planning and development develepment— �e a'i ctor or designee. Vesting shall occur only when the application is deemed complete by the planning and developmentdevelopfnent se aegis 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 480-days6 months following the date of application if final architectural design approval is not received. a. The planning and developmentaeve'opn e.,. ,epAce- 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 ,._a,._ to rmpsA• an application 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 mare usually required to the plans submitted as a result of the plan review and administrative process.- provided, -am""=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. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 258 8.3.d Edmonds Page 13/83 Chapter 19.00 BUILDING CODE 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. Environmental and shorelines review and mitigation procedures. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § (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 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 The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023 Packet Pg. 259 8.3.d Edmonds Chapter 19.00 BUILDING CODE Page 14/83 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 (Art. A), 2021; Ord. 4151 § 3 (Att. A), 2019]. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 260 8.3.d Edmonds 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), 204-8-2021 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 tppendix Chapters ABC, E, F, K, and-Q T, U and Y. [Ord. 4212 § 1 (Art. A), 2021; Ord. 4029 § 1 (Art. 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 (Art. A), 2021; Ord. 4029 § 1 (Art. 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 (Art. 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) = Basic — 85mph; Ult mate — "n 98 mph 3. Topographical effects(k) = No 4. Seismic Design Category(f) = DI 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 ar informational. Keep AE Mfd Hsg; AF Radon - regd by WS; AK Sound transmission; AQTiny houses - regd by WS; Commented [BL9R8]: A, B, C, E, F, K, and Q are tl as in the 2018 IRC. Commented [BLI OR8]: Proposed Appx T Solar Proposed Appx U Fire Sprinklers - regd by WS; Proposed Appx Y Construction and Demoli Material Management 1. The state building code council has determined tl local ordinance requiring a solar -ready zone, or re fire sprinklers in accordance with Appendix R, S, or' chapter may be adopted by any local government u notification of the council. 2. Appendix F, Radon Control Methods, Appendix Q Homes, and Appendix U, Dwelling Unit Fire Sprinkle Systems, are included in adoption of the Internatior Residential Code. Packet Pg. 261 8.3.d Edmonds Chapter 19.05 RESIDENTIAL BUILDING CODE Page 16/83 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. approved automatic fire sprinkler system shall be installed in new one -family and two-family dwellings townhouses excee ding 3,000 square feet of fire area. IFor the purposes of this section fire area shall include -Commented [BL71]: Consistent with SC Fire Stan y inand primary structure including all dwelling units, attached garages and covered porches and patios. all areas the rims neighboring cities. 3. The design and installation of residential fire sprinkler systems shall be in accordance with NFPA 13D. and V the following: iI LL a. All systems shall include a main pressure gauge and a main drain plumbed to the exterior for fire M operations and maintenance purposes. C R 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 m one domestic connection on each floor. d. Where fire sprinkler systems are installed, all fuel fired equipment (water heater, furnace, BBO, rr 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. (Formatted: Indent: Left: 1 ",Right: 0" t9 _ IL e. In addition to signage required by the NFPA, a red placard with one-half inch M") white lettering y reading "THIS VALVE SHUTS OFF THE DOMESTIC WATER AND FIRE SPRINKLER S SYSTEM" shall be permanently installed at the main supply valve location. i d f. A red placard with one-half inch (1/2") white letteringreading eading "DRAIN VALVE" shall be C permanently installed at the main drain valve location. t C1 3 C. Any definitions in Appendix E, entitled "Manufactured Housing Used as Dwellings," which are inconsistent with "manufactured "mobile Formatted Indent: Left: 0", Right: 0" O t definitions set forth in this chapter, including the definitions of home" and home" in AE201.1, are not adopted, and the definitions set forth in this chapter shall prevail. [Ord. 4212 § 1 (Art. A), 2021; y Ord. 4199 § 3 (Att. C), 2020; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3819 § 2, 2010; Ord. Y 3796 § 2, 2010]. N 19.05.025 Applicability of International Residential Code. A. Definitions. y r 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: V a. Meets applicable state and city building codes; and Q 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 The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 262 8.3.d Edmonds Page 17/83 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 (Art. 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]. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 263 8.3.d Edmonds 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 (Aft. 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 The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 264 8.3.d Edmonds Page 19/83 Chapter 19.07 FLOOD DAMAGE PREVENTION declared to be a part of this chapter. The FIS and the FIRM are on file at the planning and develop1nent4evelepn3ent- 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, 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 VI -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 (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. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 265 8.3.d Edmonds Page 20/83 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. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 266 8.3.d Edmonds Page 21/83 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 The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 267 8.3.d Edmonds 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 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. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 268 8.3.d Edmonds Chapter 19.07 FLOOD DAMAGE PREVENTION Page 23/83 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 (Art. 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 1612.5-4 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) = INFIP adoption 8/8/78. *'FW—adep ionCurrent FIS June 19, 2020. FIRM maps June 19, 28L92020. B. R322.1, General, is hereby amended as follows:_ The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. i d C t a1 3 O t H d Y �L O� O r H C d E t V is Commented [BL12]: Information corrected to ali Q ECDC 19.05.020A Packet Pg. 269 8.3.d Edmonds Chapter 19.07 FLOOD DAMAGE PREVENTION Page 24/83 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), 20201. 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 (Art. 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]. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 270 8.3.d Edmonds Chapter 19.07 FLOOD DAMAGE PREVENTION Page 25/83 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 (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 The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 271 8.3.d Edmonds Page 26/83 Chapter 19.07 FLOOD DAMAGE PREVENTION 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; The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 272 8.3.d Edmonds Page 27/83 Chapter 19.07 FLOOD DAMAGE PREVENTION 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 (Aft. A), 2020]. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 273 8.3.d Edmonds Page 28/83 Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA 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 IRCABC, 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. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 274 8.3.d Edmonds Page 29/83 Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA 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 (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 R105.1.1 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 order to renew aetion on an expired applieationIn the event of application exniration, 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 The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 275 8.3.d Edmonds Page 30/83 Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA (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 R106.3.3.1 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: The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 276 8.3.d Edmonds Page 31/83 Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA 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, 20071. 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 planning and developmentdeyelepment director or his/her designee. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 277 8.3.d Edmonds Page 32/83 Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA 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. "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. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 278 8.3.d Edmonds Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA Page 33/83 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. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 279 8.3.d Edmonds Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA Page 34/83 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. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 280 8.3.d Edmonds Page 35/83 Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA 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 The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 281 8.3.d Edmonds Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA Page 36/83 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 (Aft. 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- A. Notices of permit submittal application with the city shall be posted pursuant to ECDC 20.03.002(F). Formatted: No bullets or numbering B. At permit application submittal, the applicant shall submit a written declaration with the permit application that Formatted: Font: Times New Roman, 10 pt includes the statement that the accuracy of all information is warranted by the owner/applicant in a form which Formatted: Space After: 0 pt, Adjust space bet relieves the city and its staff from any liability associated with reliance on such submittals. Latin and Asian text, Adjust space between Asia The declaration shall also state that the owner/applicant understands and accepts the risk of developing in an area and numbers, Tab stops: Not at 0.5" 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. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. El Packet Pg. 282 8.3.d Edmonds Page 37/83 Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA 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 (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 The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 283 8.3.d Edmonds Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA Page 38/83 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 propose to file a each deposit o- an e f credit with the a:_,.,.«,._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 (Art. 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. 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. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 284 8.3.d Edmonds Page 39/83 Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA 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 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. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 285 8.3.d Edmonds Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA Page 40/83 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 (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 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. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 286 8.3.d Edmonds Page 41/83 Chapter 19.10 BUILDING PERMITS — EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA 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]. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 287 8.3.d Edmonds Page 42/83 Chapter 19.15 MECHANICAL CODE AND FUEL GAS CODE Chapter 19.15 lJAI xyICie 1[041IF0313DEW III UNDIKPAVYKQ07y 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), 201-8-2021 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 (Exit. 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 20I8 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]. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 288 8.3.d Edmonds 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 20I8-Edition, including Appendices A, B,-and I and M ; published by the - Commented [LB13]: Appendices A, B, i and M ar, 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 (Art. 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, 20101. 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 (Art. A), 2021; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 4, 2010]. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 289 8.3.d Edmonds 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 204 -- 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 inetua:ng all ref renee,, .,..,..,,.. fd Appendices B, C, I, and L. [Ord. 4212 § I (Att. A), 2021; Ord. 4111 § 1 (Each. 1), 2018; Ord. 4029 § 1 (Art. A), 2016; Ord. 3926 § 1 (Each. 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 Formatted: Indent: Left: 0", Right: 0" A4. Section 102.5 Application of Residential Code. Adopted as originally set forth in IFC (notwithstanding revisions thereto by the state building code council). B2. 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. G7. Section 109.4 Violation Penalties. Replaced by ECDC 19.25.070. HB. Section 202, the definition of HIGH-RISE BUILDING, is amended to read: Formatted: Indent: Left: 0", Right: 0", Space Al - pt HIGH-RISE BUILDING. A building with an occupied floor or rooftop located more than 75 feet (22,860 mm) Formatted: Indent: Left: 0.19", Right: 0", Tabs' above the lowest level of fire department vehicle access. 0.25", Left The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. t a1 3 H Q Packet Pg. 290 8.3.d Edmonds Page 45/83 Chapter 19.25 FIRE CODE U. 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. 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: befinifronl 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. Annroved fire apparatus access roads shall be Drovided and maintained for every facility. building. or Dortion 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 no 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 altemative 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. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Formatted: Indent: Left: 0", Right: 0", Space Al pt Formatted: Indent: Left: 0", Right: 0.. Formatted: Indent: Left: 0", Right: 0" Commented [LB14]: Amended section 503 as pr( based on section 503 Fire Apparatus Access Roads a blended with Appendix D which adds detail to the s requirements. Previously, FAAR requirements for E( were contained in South County Fire standards (lart based on section 503 and Appx D) which are no long available for use. The requirements will now becom the City ordinance. d Commented [LBI5]: This definition is the same a in IFC chapter 2. It is included here for convenience. Packet Pg. 291 8.3.d Edmonds Page 46/83 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 proiects having more than 100 dwelling units shall bee i�provided threugheuA-with two separate and approved fire apparatus access roads unless otherwise approved by the fire code official. EXCEPTION: 1. Proiects havine 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 apparatus access roads regardless of whether thev are equipped with an annroved automatic sprinkler s sv tern. 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 sin leg 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 authoritv 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. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 292 8.3.d Edmonds Chapter 19.25 FIRE CODE Page 47/83 503.5.2 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. 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 intersectin street. treet. At signalized intersections where additional space is needed to accommodate turning vehicles, consideration can be given to recessingthe he stop line on the receiving street to enable the vehicle to use a portion of or the entire width of the receiving roadwU (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 ON. 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, however -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 can 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 The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Commented [BL16]: Language added to assist in of public streets. Packet Pg. 293 8.3.d Edmonds Chapter 19.25 FIRE CODE Page 48/83 surfaces that are not designed for the use, approved barriers, or approved signs, or both, shall be installed and maintained. FIGURE DI DEAD-END FIRE APPARATUS ACCESS ROAD TURNAROUND 28' R TYW 1 P.' 2(Y W � 28' R T�YPR w T TYP' 28' R 20' 12V 26' TYP,20 ACCEPTABLE ALTERNATIVE 120' HAMMERHEAD W DIAMETER WOOT -r TO 120' HAMMERHEAD CUL-DE-W 503.6 Aerial Fire Apparatus Access Roads 503.6.1 Where Required. Where the vertical distance between the grade elan and the highest roof surface exceeds 30 feet. approved aerial fire apparatus access roads shall be provided. For the purposes of this Section, the hiehest 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 egr. ater. 503.6.2 Two Access Roads. Buildings that require aerial fire apparatus access roads, are required to or-evi e shall be provided with two separate and approved fire apparatus access roads ^- ^ ^-a ^^^complying with Ssubsections 503.4 and 503.5 or as otherwise approved by the Ffire Geode 9official. 503.6.3 Proximity to Building. One or more of the reauired 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 Dositioned shall be aDDroved 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 M 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 ag ties. 503.7.2 Width. All gates shall have a minimum unobstructed width of 20 feet. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 294 8.3.d Edmonds Chapter 19.25 FIRE CODE allowed. Page 49/83 503.7.3 Types of Gates. Gates shall be of the swinging or sliding type. Chain gates or cable gates are not ......roved jy shall 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 Peipaftment emergeney keywayas approved by the fire code official. 2. Installation of a Knox rapid access key box containing the gate key. 44Where 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. ADoroved 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 approach (interior and exterior), overriding all commands, and openingthe he 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 bushed open without additional steps havingto o 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 an503.7.7.5 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 Gcode Aofficial. 503.7.7.3 Dimensions. Bollards dit wa4ens-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. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 295 8.3.d Edmonds Page 50/83 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, 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 afire hydrant is present, the stencil shall be centered directly in front of the hydrant. Curb fire lane lettering: 1. Curb Sstencils shall be centered on curb face between fire lane signs when required. 2. Curb stencils .._o _o�.:_ed ashall be red in color. 3. When afire 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 ono 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 The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 296 8.3.d Edmonds Chapter 19.25 FIRE CODE Page 51/83 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 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. A sonyrotpsur-h G,. iq ,.F-vi--appia'a ,. drive, od in yell,. traffie paint «.l l...vine "FIRE LANE NE RNA R—K-P,16," 1ptt,...:.... pait4ed in red traffi,, dint leeate 1 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 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. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 297 8.3.d Edmonds Page 52/83 Chapter 19.25 FIRE CODE 503.9.2 Traffic Calming Devices. Traffic calming devices shall be prohibited unless approved by the fire code official. Formatted: Right: 0", Tab stops: 0.25", Left to dpwrsaw. the Minimum aoopmqq widths where other fire preteetion f5aWreS aFe pFavided. K2. Section 504.1 Required access, is amended to read: I Formatted: Indent: Left: 0", Right: 0" Exterior doors and openings required by this code or the International Building Code, including exterior doors t Formatted Right: 0", Tab stops: 0.25, Left 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 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". L3. Section 505.1 Address Identification, is amended to read: — ` — Commented [BL17]: Amended to match IBC 502. \ ECDC 19.00.025P. Formatted: Indent: Left: 0", Right: 0" 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 identifv the structure. This means of premises identification does not preclude approved identification also affixed to structure EXCEPTION: M34. 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. N4-. 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 The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Formatted: Font: Times New Roman, 10 pt F\ Formatted: List Paragraph, Right: 0", Numbere Level: 1 +Numbering Style: 1, 2, 3, ... + Start at: Alignment: Left + Aligned at: 0.25" + Indent at: Tab stops: 0.25", Left Formatted: Indent: Left: 0", Right: 0" Formatted: Right: 0", Tab stops: 0.25", Left Formatted: Indent: Left: 0" Formatted: Right: 0", Tab stops: 0.25", Left Packet Pg. 298 8.3.d Edmonds Chapter 19.25 FIRE CODE Page 53/83 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: —1 Formatted: Indent: Left: 0", Right: 0" Initial records shall include the name of the installation contractor, type of components installed, manufacturer - __ Formatted• Right: 0", Tab stops: 0.25, Left 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: Formatted: Indent: Left: 0", Right: 0" Where Required. Approved automatic fire sprinkler systems in new and existing buildings and structures shall Formatted: Right: 0", Tab stops: 0.25", Left be provided in the locations listed in sections 903.2.1 through 903.2.13. CQ4. Section 903.2.13 is added. Formatted: Indent: Left: 0", Right: 0" Automatic fire sprinkler systems shall be provided as required by ECDC 19.25.035A. fFormatpted-:01.ndent: Left: 0", First line: 0.25", Riiab stos: 25", Left R5. Section 903.3.7 is amended to read: t Formatted: Indent: Left: 0", Right: 0" Fire department connections shall be installed in accordance with Section 912 and ECDC 19.25.0334035C Formatt�Rogh ghlight S6. Section 907.2 is amended to read: Formatt0", Tab stops:0.25", Left 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-7. Section 907.2.24 is added. Fire alarm and detection system shall be provided as required by ECDC 19.25.033CA15P. U. Section 2303.2, Emergency disconnect switches, is amended to read: The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Formatted: Indent: Left: 0-, Right: 0- Formatted: Right: 0", Tab stops: 0.25, Left __ Formatted: Indent: Left: 0", Right: 0" Formatted: Not Highlight Formatted: Indent: Left: 0", First line: 0.25", Ri( Tab stops: 0.25", Left Formatted: Indent: Left: 0", Right: 0" Packet Pg. 299 Edmonds Chapter 19.25 FIRE CODE Page 54/83 An approved emergency disconnect switch shall be provided at an approved location to stop the transfer of fuel Formatted: Right: 0", Tab stops: 0.25", Left 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 ram) of, but not less than 20 feet (6,096 turn) 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 Ashall have an Formatted: Not Highlight approved means of signage and illumination. VG. Chapter 36, Marinas. Replaced in entirety by Chapter 19.65 ECDC. l Formatted: Indent: Left: 0", Tab stops: 5.5", Le 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- __ Formatted• Indent: Left: 0", Right: 0" 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. 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 The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 300 8.3.d Edmonds Chapter 19.25 FIRE CODE Page 55/83 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 (Art. 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, publie amusement lieenses issued pufsuant te Chapter 4.32 EGG, eabar-et Elanee lieenses issued pursuant to Chapter 4A 8 EGG� 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. 41I t § 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 this section. If conflicts exist between the IFC and this section, this section shall prevail. All sprinklers shall be installed per the applicable NFPA and South County F:_e'. +SGr 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. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. N d O U O i LL C R C1 C m Commented [BL18]: Ord 4269 repealed Chs. 4.3: � and 4.75. Packet Pg. 301 8.3.d Edmonds Page 56/83 Chapter 19.25 FIRE CODE 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 aft equal or lesser hazard category shall not require sprinklers where_ _approved by the _ Formatted: Not Highlight 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 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 attic(s) 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 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 The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Formatted: Indent: Left: 0.28", Space After: 10 spacing: single, Don't adjust space between Lai Asian text, Don't adjust space between Asian to numbers, Font Alignment: Auto, Pattern: Clear,' stops: 0.5", Left Packet Pg. 302 8.3.d Edmonds Page 57/83 Chapter 19.25 FIRE CODE 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 letteringreading eading "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 letteringreading eading "NO STORAGE" shall be permanently affixed to the EXTERIOR of the riser room directly below the "FIRE SPRINKLER CONTROL ROOM" si ng_. 7. An all-weather RED placard with 2" white letteringreading eading "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 may(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 Dermanently 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 within -between 3 feet and 50 feet of -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. and SCF' ma's 3. FDC's shall be equipped with a 4" Storz adapter, Knox locking cap and a 30/120-degree downturn fitting_ Formatted: Indent: Left: 0.28", Space After: 10 4. vexed spacing: single, Don't adjust space between Lai shall be painted red and labeled with the building address. Partial systems shall indicate the area Asian text, Don't adjust space between Asian to covered by the system. numbers, Tab stops: 0.5", Left 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. OD. Fire Alarms and Detection Systems. In addition to the requirements of IFC Section 907.2, an approved, " Commented [BLI9]: Fire alarm section expandec monitored automatic fire alarm system shall be installed and maintained throughout all buildings, structures, floors, incorporate South County Fire standards that are nc 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 cry'., r.* -e Partial area fire alarm systems are prohibited except where approved by the fire code official. Exception: Structures regulated by the International Residential Code. 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. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. N d O U O i LL C R C1 C m O r H 10 C LL d C H El Packet Pg. 303 8.3.d Edmonds Chapter 19.25 FIRE CODE Page 58/83 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, stpaetufes or suites having an existing fire alarm system that does not protect all areas, when the building, stpa4uFe, or suite undeFgOeS aft alteration, repair, inadif4eation, OF Sifflilff iffIPYOVeffleflt fequifing a building pefmit, unproteeted afeas shall be pfovided with pfoteetion as appfoved by the fife eode official. 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. 6. in a building of suite provided with a fire alafffl system, fire deteetion system, or stipeFvised spripAder system, but Formatted: Indent: Left: 0" 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 stairway unless otherwise approved by the fire code official. FACP's shall be Drovided with an anmoved Knox kev 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 buildingfacin fig re department t - Formatted: Indent: Left: 0" 4 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. DE. 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 The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. C d t V R Packet Pg. 304 8.3.d Edmonds Chapter 19.25 FIRE CODE Page 59/83 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 (Att. 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 Q-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 other cost. including the expense of ^ larger mete general faeility ehar-ge attributable to the meter qi9:Ad_ fi4r the domestic service alone shall the responsibility of the a , r .. 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. 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. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 305 8.3.d Edmonds Page 60/83 Chapter 19.25 FIRE CODE 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 (Aft. 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 (Aft. 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 (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. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 306 8.3.d Edmonds Page 61/83 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 (Art. 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]. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 307 8.3.d Edmonds 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 24-8-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 (Att. A), 2021; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 5, 2010]. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 308 8.3.d Edmonds Page 63/83 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 2418-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 Chapter 1 not adonted. Chapter 1 is not adopted, except as provided for in ECDC 19.00.015. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Formatted: Space After: 10 pt, Widow/Orphan Tab stops: 0.5", Left Packet Pg. 309 8.3.d Edmonds 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, 244-8-2021 Edition, published by the International Code Council, is hereby adopted. [Ord. 4212 § 1 (Aft. A), 2021; Ord. 4029 § 1 (Aft. 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 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 4W 11.2, Closing of vacant structures, 408.3111.41 Notice, 108.4111.7, Placarding, 40&5111.8, Prohibited occupancy, 44D 6111.9, Restoration or Abatement-mefhe&, and ' ^Qa a .7, ., neeefd, are deleted and replaced by the provisions of Chapter 20.110 ECDC. D. Section 444-107, 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 (Art. A), 2021; Ord. 4029 § 1 (Art. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 6, 2010]. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 310 8.3.d Edmonds Page 65/83 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, 294-9-2021 Edition, published by the International Code Council, is hereby adopted. [Ord. 4212 § 1 (Att. A), 2021; Ord. 4029 § 1 (Aft. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3796 § 7, 2010]. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 311 8.3.d Edmonds 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 Intemational Existing Building Code, 2418-2021 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 it Appendix Chapter e (Guidelines r _ the spismie _eti-ea« of existi [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 CODEI 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 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. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Commented [BL201: New code adopted by Wash State. Packet Pg. 312 8.3.d Edmonds Page 67/83 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. 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]. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 313 8.3.d Edmonds Page 68/83 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 The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 314 8.3.d Edmonds Chapter 19.60 MOVING BUILDINGS Page 69/83 repair damage to public improvements shall be charged against the moving contractor. [Ord. 4029 § 1 (Att. 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 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007]. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 315 8.3.d Edmonds Page 70/83 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. 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 (Art. 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 (Art. A), 2021; Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3798 § 2, 2010]. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023 Packet Pg. 316 8.3.d Edmonds Page 71/83 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 (Aft. 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 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 I, 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]. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 317 8.3.d 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. Page 72/83 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 (Art. 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 (Art. 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]. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 318 8.3.d Edmonds Chapter 19.70 FEES 19.70.020 Work commencing before permit issuance. Page 73/83 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]. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 319 8.3.d 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. 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 (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 (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. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 320 8.3.d Edmonds Chapter 19.75 STREET NAMES AND ADDRESS NUMBERING Page 75/83 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(91). 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 (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]. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 321 8.3.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. 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 (Aft. 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 (Art. 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 The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 322 8.3.d Edmonds Page 77/83 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, 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 The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 323 8.3.d Edmonds Chapter 19.80 APPEALS Page 78/83 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 (Aft. 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, 20091. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 324 8.3.d Edmonds Chapter 19.80 APPEALS Page 79/83 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]. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 325 8.3.d 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. 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 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007]. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 326 8.3.d Edmonds Page 81/83 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. 19.90.000 Limitation of benefited and protected classes. O The building and supplemental codes adopted by this title are for the purpose of providing for and promoting the C) health, safety and welfare of the general public. Nothing in this title shall be interpreted to create or otherwise i establish any particular class or group of persons who will or would be especially protected or benefited by the LL adoption of any code in this title. [Ord. 4029 § 1 (Art. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3651 § 1, 2007]. C R The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. C1 C t0 C LL d C d C t a1 3 O L t d Y �L r 4) r C t V El Packet Pg. 327 8.3.d 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: Page 82/83 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 planning and development-'- e',......eat � director or his/her 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. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 328 8.3.d Edmonds Chapter 19.95 CONVERSION CONDOMINIUMS Page 83/83 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, 20071. 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 (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]. The Edmonds City Code and Community Development Code proposed updates to Edmonds Building Code September 2023. Packet Pg. 329 9.1 City Council Agenda Item Meeting Date: 03/5/2024 December 2023 Quarterly Report Staff Lead: Dave Turley Department: Administrative Services Preparer: Dave Turley Background/History December quarterly finance report to full council. Staff Recommendation No recommendation, presentation only. Narrative N/A Attachments: 2023 GF By Quarter 2023 GF Budgets as Amended December Quarterly Report_March 5 Packet Pg. 330 9.1.a General Fund 2023 by Quarter Q12023 Q2 2023 Q3 2023 Q4 2023 Operating Revenue Property Taxes - General Levy $ 824,405 $ 4,969,695 $ 240,675 $ 4,606,009 Property Taxes - EMS Levy 330,582 1,993,329 96,508 1,847,604 Retail Sales Tax 2,781,110 2,757,588 3,042,314 3,033,814 Other Taxes 2,279,964 2,129,157 2,041,617 1,884,116 Licenses and Permits 599,769 544,871 484,718 949,831 Intergovernmental - CHIP Grant - - - 1,361,011 Intergovernmental - Other 206,674 574,187 331,318 268,738 Charges for Services 906,937 2,389,517 2,513,413 1,865,842 Fines and Forfeitures 68,894 22,662 54,632 48,181 Interest Earnings 17,046 85,401 78,140 66,828 Miscellaneous 135,064 155,378 152,494 353,436 Total Operating Revenue 8,150,445 15,621,785 9,035,829 16,285,410 Nonoperating Revenue Transfers In - - 97,066 - Insurance Recoveries - - 722,723 92,277 Total Revenue $ 8,150,445 $ 15,621,785 $ 9,855,618 $ 16,377,687 Q12023 Q2 2023 Q3 2023 Q4 2023 Expenditures City Council 108,460 99,692 110,914 104,841 Office of the Mayor 101,671 93,558 95,377 93,006 Human Resources 230,737 224,554 239,553 308,680 Municipal Court 352,625 374,183 370,585 401,968 Administrative Services 774,413 552,880 609,193 626,760 City Attorney 186,270 241,560 276,653 349,876 Non -Departmental 4,986,307 3,419,284 4,335,640 2,777,969 Intergovernmental - CHIP Grant - - - 1,361,011 Police Department 3,173,554 3,487,960 3,897,118 4,482,268 Community Services / Econ. Develop. 289,600 366,664 402,218 379,955 Planning & Development 913,919 1,020,392 978,930 1,133,922 Parks, Recreation, Human Services 1,443,058 1,304,751 1,790,785 1,693,350 Public Works -Administration 160,542 155,827 171,625 198,950 Facilities Maintenance 1,264,752 737,662 640,493 1,360,629 Engineering 807,168 845,455 827,191 838,180 Total Expenditures 14,793,076 12,924,422 14,746,275 16,111,365 Transfers Out - 986,522 - 115,000 Total Revenues, Less Expenditures, Less Transfers Out $ (6,6425631) $ 1,710,841 $ (4,890,657) $ 151,322 Packet Pg. 331 9.1.b City Council Mayor Human Resources Municipal Court Administrative Services City Attorney Non -Departmental Fire Contract CHIP Grant Xfer to Contingency Fund Police Department Satellite Office Community Services / Econ Dev Planning & Development Human Services Parks & Recreation Public Works Admin Facilities Maintenance Engineering Net Salaries & Benefits Project Carryforwards - Building Maint. Project Carryforwards - Planning & Dev. Fire Contract CHIP Grant (fully reimbursed) Repairs to Library (fully reimbursed) Xfer to Contingency Fund (per policy) Other Total Where were the Project Carryforwards? Building Maintenance Planning & Development CS/ED Admin Services General Fund Budgets as Amended 2023 Final 2023 Adopted 2023 Budget as Budget Amendments Amended Difference $ 480,256 $ 6,463 $ 486,719 $ 6,463 1% 495,273 9,966 505,239 9,966 2% 1,254,947 42,799 1,297,746 42,799 3% 1,451,763 375,946 1,827,709 375,946 26% 2,203,636 299,034 2,502,670 299,034 14% 1,161,780 - 1,161,780 - 0% 5,108,911 90,389 5,199,300 90,389 2% 10,071,514 1,500,000 11,571,514 1,500,000 15% - 1,361,011 1,361,011 1,361,011 0% - 447,522 447,522 447,522 0% 14,981,027 (141,514) 14,839,513 (141,514) -1% 145,681 85,000 230,681 85,000 58% 1,105,451 207,104 1,312,555 207,104 19% 4,594,584 651,923 5,246,507 651,923 14% 324,650 23,332 347,982 23,332 7% 6,022,817 462,087 6,484,904 462,087 8% 617,614 49,967 667,581 49,967 8% 2,472,445 2,405,007 4,877,452 2,405,007 97% 3,224,439 391,070 3,615,509 391,070 12% $ 55,716,788 $ 8,267,106 $ 63,983,894 $ 8,267,106 15% $ 1,928,000 1,540,565 382,304 1,500,000 1,361,011 500,000 447,522 Fm 7na R_9F7.1 OF; $ 1,540,565 $ 382,304 $ 34,000 $ 14,030 Packet Pg. 332 2023 Fourth Quarter Financial Update March 5, 2024 QUARTERLY REPORT OF E DM � N Packet Pg. 333 Revenue Update: The local economy has been doing much better recently, with relatively low unemployment and inflation. Interest rates remain high, which negatively affects home sales and other property transactions, as well as motor vehicle sales. This negatively impacts our REET Revenues and sales tax revenues. However, higher interest rates have helped our investment portfolio bring in $1.7 million of revenue to the city in 2023, almost $450,000 (36%) more than any previous year. General Fund revenues (pg. 4) came in at $50.0 million, which is 4.9% under budget. General Fund expenses (pg. 10) came in at $59.7 million, or 7% under budget. Estimated ending fund balance (pg. 33) came in at $2.2 million, which is $830,000 less than the most recently updated estimate. It is important to understand that numbers reported in the monthly reports are estimates that are subject to change after the final year-end close is performed. a pF EDMp Ar \O Q Packet Pg. 334 General Fund Revenues ended the year $4,689,355 ahead of last year, and $2,553,295 under budget General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 2,843,094 $ 2,843,094 $ 2,320,2S2 -18.39% February 5,636,382 2,793,288 4,920,100 -12.71% March 8,487,993 2,851,611 8,150,445 -3.98% April 12,010,212 3,522,219 16,689,365 38.96% May 22,451,612 10,441,400 21,615,550 -3.72% June 25,498,180 3,046,568 23,772,230 -6.77% July 28,462,795 2,964,616 27,008,084 -5.11% August 31,857,014 3,394,219 30,494,023 -4.28% September 34,651,707 2,794,693 33,627,848 -2.95% October 39,245,890 4,S94,183 41,665,078 6.16% November 49,438,148 10,192,259 46,406,295 -6.13% December S2,558,830 3,120,682 50,005,535 -4.86% Gene i al Fund 155.000.000 50-000.000 5.000.000 000.000 i5.000.000 30.000.000 �5.000.000 �0.000.000 15.000.000 10.000.000 5.000.000 0� JAN FEB L1L-N.R APR N, ' JL'N JUL AUG S,6 OC'T NO`' DEC' �C'uirent Year Budget Pnor Year F 0 21 3 CY M N O N E m m 0 LO t L I 0 a m 21 m 3 a E Q m c m E t pp ED,yf U`S4 v O'IiN Q Packet Pg. 335 General Fund Revenues by Quarter Q12023 Q2 2023 Q3 2023 Q4 2023 Operating Revenue Property Taxes - General Levy $ 824,405 $ 4,969,695 $ 240,675 $ 4,606,009 Property Taxes - EMS Levy 330,582 1,993,329 96,508 1,847,604 Retail Sales Tax 2,781,110 2,757,588 3,042,314 3,033,814 Other Taxes 2,279,964 2,129,157 2,041,617 1,884,116 Licenses and Permits 599,769 544,871 484,718 949,831 Intergovernmental- CHIP Grant - - - 1,361,011 Intergovernmental- Other 206,674 574,187 331,318 268,738 Charges for Services 906,937 2,389,517 2,513,413 1,865,842 Fines and Forfeitures 68,894 22,662 54,632 48,181 Interest Earnings 17,046 85,401 78,140 66,828 Miscellaneous 135,064 155,378 152,494 353,436 Total Operating Revenue 8,150,445 15,621,785 9,035,829 16,285,410 Nonoperating Revenue Transfers In - - 97,066 - Insurance Recoveries - - 722,723 92,277 Total Revenue $ 8,150,445 $ 15,621,785 $ 9,855,618 $ 16,377,687 F 0 a 21 3 CY M N 0 N m E 0 0 am 0 Ln t L I 0 a am w 21 m 3 a L d Q 0 am 0 c m E t OF EDM_ Packet Pg. 336 Expenditure Update: General Fund expenditures for the year are $10.6 million more than this time last year, which is still $4.3 million (7%) under the amount authorized by Council. General Fund expenses by department can be found on pages 30-32. Every department in the General Fund finished the year under budget except for Administrative Services and the Police Department. These two departments combined were over budget by $261,963, or 1.5%. Special Revenue Funds during the year spent only $17.8 million of their approved $24.7 million expenditure budget (72%). Much of the underspending comes from REET funds, which spent $2.4 million (66%) less than their budget, and the Street Construction Fund, which came in $3.1 million (28%) under budget. pF EDM p Packet Pg. 337 General Fund Expenses ended the year $10,647,348 greater than last year, and $4,307,234 under budget General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 6,139,087 $ 6,139,087 $ 4,868,760 -20.69% February 11,066,844 4,927,757 10,063,682 -9.06% March 15,924,888 4,858,044 14,793,075 -7.11% April 20,588,171 4,663,283 18,985,494 -7.78% May 25,617,603 5,029,432 23,497,459 -8.28% June 31,418,317 5,800,714 28,704,022 -8.64% July 36,370,475 4,952,158 33,359,621 -8.28% August 41,138,767 4,768,292 38,672,822 -5.99% September 46,442,045 5,303,278 43,450,297 -6.44% October 51,703,607 S,261,562 47,415,870 -8.29% November 57,577,998 5,874,392 54,483,300 -5.37% December 63,983,894 6,40S,896 59,676,660 -6.73% General Fund 65.0 00.000 60.000.000 55.000.000 50.000.000 5-000.000 .000.000 - ;5.000.000 30.000.000 '5.000.000 210.000.000 15.000.000 10.000.000 5.000.000 0 JAN FEB Ai,R APR INi�— ;TN RUE AUG S6 OC-T NOV DEC' -Ciurent Year Budget Pn'or Year F 0 CL 21 3 C� M N O N L E m m 0 LO t L I 0 a m 21 0 3 a L m E Q 0 m c m E t .=I OF ED-4f O'IiN Q Packet Pg. 338 General Fund Expenditures by Quarter Q12023 Q2 2023 Q3 2023 Q4 2023 Expenditures City Council 108,460 99,692 110,914 104,841 Office of the Mayor 101,671 93,558 95,377 93,006 Human Resources 230,737 224,554 239,553 308,680 Municipal Court 352,625 374,183 370,585 401,968 Administrative Services 774,413 552,880 609,193 626,760 City Attorney 186,270 241,560 276,653 349,876 Non -Departmental 4,986,307 3,419,284 4,335,640 2,777,969 Intergovernmental- CHIP Grant - - - 1,361,011 Police Department 3,173,554 3,487,960 3,897,118 4,482,268 Community Services / Econ. Develop. 289,600 366,664 402,218 379,955 Planning & Development 913,919 1,020,392 978,930 1,133,922 Parks, Recreation, Human Services 1,443,058 1,304,751 1,790,785 1,693,350 Public Works - Administration 160,542 155,827 171,625 198,950 Facilities Maintenance 1,264,752 737,662 640,493 1,360,629 Engineering 807,168 845,455 827,191 838,180 Total Expenditures 14, 793, 076 12, 924, 422 14, 746, 275 16,111, 365 pF EDM_ Packet Pg. 339 Q12023 Q22023 Q32023 Q42023 Operating Revenue Property Taxes - General Levy Property Taxes- EMS Levy Retail Sales Tax Other Taxes Licenses and Permits Intergovernmental- CHIP Grant Intergovernmental- Other Charges for Services Fines and Forfeitures Interest Earnings Miscellaneous Total Operating Revenue Nonoperating Revenue Transfers In Insurance Recoveries Total Revenue Expenditures City Council Office of the Mayor Human Resources Municipal Court Administrative Services City Attorney Non -Departmental Intergovernmental- CHIP Grant Police Department Community Services/ Econ. Develop. Planning & Development Parks, Recreation, Human Services Public Works - Administration Facilities Maintenance Engineering Total Expenditures Transfers Out Total Revenues, Less Expenditures, Less Transfers Out $ 824,405 $ 4,969,695 $ 240,675 $ 4,606,009 330,582 1,993,329 96,508 1,847,604 2,781,110 2,757,588 3,042,314 3,033,814 2,279,964 2,129,157 2,041,617 1,884,116 599,769 544,871 484,718 949,831 - - - 1,361,011 206,674 574,187 331,318 268,738 906,937 2,389,517 2,513,413 1,865,842 68,894 22,662 54,632 48,181 17,046 85,401 78,140 66,828 135,064 155,378 152,494 353,436 8,150,445 15,621,785 9,035,829 16,285,410 97,066 - - - 722,723 92,277 $ 8,150,445 $ 15,621,785 $ 9,855,618 $ 16,377,687 Q12023 Q22023 Q32023 Q42023 108,460 99,692 110,914 104,841 101,671 93,558 95,377 93,006 230,737 224,554 239,553 308,680 352,625 374,183 370,585 401,968 774,413 552,880 609,193 626,760 186,270 241,560 276,653 349,876 4,986,307 3,419,284 4,335,640 2,777,969 - - - 1,361,011 3,173,554 3,487,960 3,897,118 4,482,268 289,600 366,664 402,218 379,955 913,919 1,020,392 978,930 1,133,922 1,443,058 1,304,751 1,790,785 1,693,350 160,542 155,827 171,625 198,950 1,264,752 737,662 640,493 1,360,629 807,168 845,455 827,191 838,180 14, 793, 076 12, 924, 422 14, 746, 275 16,111, 365 986,522 115,000 $ (6,642,631) $ 1,710,841 $ (4,890,657) $ 151,322 Q 't I Packet Pg. 340 Interest income is improving; in 2023 we saw our highest amount of interest income ever. Annual Interest Income $ 2,000, 000 $1,683,872 $1,500, 000 $1 236 875 $1,000,000 Z.$947,931 $950,684 $1 091 709 $500,000 $- 2018 2019 2020 2021 2022 YTD 2023 OF EDM A,A TP Packet Pg. 341 General Fund Departmental Budget Comparison 2023Adopted 2023 Budget Amendments City Council $ 480,256 Mayor 495,273 Human Resources 1,254,947 Municipal Court 1,451,763 Administrative Services 2,203,636 City Attorney 1,161,780 Non -Departmental 5,108,911 Fire Contract 10,071,514 CHIP Grant - Xfer to Contingency Fund - Police Department 14,981,027 Satellite Office 145,681 Community Services / Econ Dev. 1,105,451 Planning & Development 4,594,584 Human Services 324,650 Parks & Recreation 6,022,817 Public Works Admin 617,614 Facilities Maintenance 2,472,445 Engineering 3,224,439 $ 55, 716, 788 6,463 $ 9,966 42,799 375,946 299,034 90,389 1,500,000 1,361,011 447,522 (141,514) 85,000 207,104 651,923 23,332 462,087 49,967 2,405,007 391,070 2023 Final Budgetas Amended 486,719 505,239 1,297,746 1,827,709 2,502,670 1,161, 780 5,199, 300 11, 571, 514 1,361,011 447,522 14, 839, 513 230,681 1,312,555 5,246,507 347,982 6,484,904 667,581 4,877,452 3,615,509 $ 8,267,106 $ 63, 983, 894 Difference $ 6,463 9,966 42,799 375,946 299,034 90,389 1,500,000 1,361,011 447,522 (141,514) 85,000 207,104 651,923 23,332 462,087 49,967 2,405,007 391,070 $ 8,267,106 • Budget amendments increased 1% the adopted budget by 15% 2°% 0Need to take care in future o 0 3r° years to avoid this L' 26% • Every department, with L 14% 0% exception of City Attorney and o' 2°% PD, increased their budget 15% 21 0% m 0% 3 -1% CL 58% 19% E Q 14% p 7% 8% m E 8% pF ED40 t 97% .� �o a 12% 15% Packet Pg. 342 General Fund Budget Amendments Salaries & Benefits Project Carryforwards - Building Maint. Project Carryforwards - Planning & Dev Fire Contract CHIP Grant (fully reimbursed) Repairs to Library (fully reimbursed) Xfer to Contingency Fund (per policy) Other Tota l 1,928,000 1,540,565 382,304 1,500,000 1,361,011 500,000 447,522 607,704 $ 8,267,106 2023 Final 2023Adopted 2023 Budgetas Budget Amendments Amended City Council $ 480,256 $ 6,463 $ 486,719 Mayor 495,273 9,966 505,239 Human Resources 1,254,947 42,799 1,297,746 Municipal Court 1,451,763 375,946 1,827,709 Administrative Services 2,203,636 299,034 2,502,670 City Attorney 1,161,780 - 1,161,780 Non -Departmental 5,108,911 90,389 5,199,300 Fire Contract 10,071,514 1,500,000 11,571,514 CHIP Grant - 1,361,011 1,361,011 Xfer to Contingency Fund - 447,522 447,522 Police Department 14,981,027 (141,514) 14,839,513 Satellite Office 145,681 85,000 230,681 Community Services / Econ Dev. 1,105,451 207,104 1,312,555 Planning & Development 4,594,584 651,923 5,246,507 Human Services 324,650 23,332 347,982 Parks & Recreation 6,022,817 462,087 6,484,904 Public Works Admin 617,614 49,967 667,581 Facilities Maintenance 2,472,445 2,405,007 4,877,452 Engineering 3,224,439 391,070 3,615,509 $ 55, 716, 788 $ 8,267,106 $ 63, 983, 894 Difference $ 6,463 1% 9,966 2% 42,799 3% 375,946 26% 299,034 14% - 0% 90,389 2% 1,500,000 15% 1,361,011 0% 447,522 0% (141,514) -1% 85,000 58% 207,104 19% 651,923 14% 23,332 7% 462,087 8% 49,967 8% 2,405,007 391,070 0P�°�e 12%r $ 8,267,106 �' 1V1, Packet Pg. 343 General Fund Budget Comparison 2023 Final 2023Adopted 2023 Budgetas Budget Amendments Amended Difference City Council $ 480,256 $ 6,463 $ 486,719 $ 6,463 1% Mayor 495,273 9,966 505,239 9,966 2% Human Resources 1,254,947 42,799 1,297,746 42,799 3% Municipal Court 1,451,763 375,946 1,827,709 375,946 26% Administrative Services 2,203,636 299,034 2,502,670 299,034 14% City Attorney 1,161,780 - 1,161,780 - 0% Non -Departmental 5,108,911 90,389 5,199,300 90,389 2% Fire Contract 10,071,514 1,500,000 11,571,514 1,500,000 15% CHIP Grant - 1,361,011 1,361,011 1,361,011 0% Xfer to Contingency Fund - 447,522 447,522 447,522 0% Police Department 14,981,027 (141,514) 14,839,513 (141,514) -1% Satellite Office 145,681 85,000 230,681 85,000 58% Community Services / Econ Dev. 1,105,451 207,104 1,312,555 207,104 19% Planning&Development 4,594,584 651,923 5,246,507 651,923 14% Human Services 324,650 23,332 347,982 23,332 7% Parks & Recreation 6,022,817 462,087 6,484,904 462,087 8% Public Works Admin 617,614 49,967 667,581 49,967 8% Facilities Maintenance 2,472,445 2,405,007 4,877,452 2,405,007 97% Engineering 3,224,439 391,070 3,615,509 391,070 12% $ 55, 716, 788 $ 8,267,106 $ 63, 983, 894 $ 8,267,106 15% OF EDM °moo Q Packet Pg. 344 General Fund Budget Comparison Percentage Adopted Percentage Department Adopted Budgets of SubTotaI FTEs of SubTotaI Police Department $ 17,478,540 40% 83.8 39% Parks, Rec, Human Services 6,841,537 16% 33.8 16% Planning& Development 4,251,605 10% 20.0 9% Engineering 3,777,853 9% 18.5 9% Public Works Admin/ Facilities 3,360,605 8% 17.0 8% Administrative Services, City Clerk 2,825,453 6% 16.0 8% Municipal Court 1,811,176 4% 9.0 4% Comm Services/ Econ Development 1,334,150 3% 5.8 3% Human Resources 1,222,438 3% 5.6 3% Mayor's Office 490,875 1% 2.0 1% City Council 479,286 1% 1.0 0% Subtotal 43,873,518 100% 212.5 100% Non -Departmental 6,857,495 - City Attorney 1,161,780 - Tota l $ 51, 892, 793 212.5 I included this slide because it is important to understand the relative size of departments, when looking for places to make "budget cuts" • Many positions in the Parks Department and Planning Department generate revenue that support their costs • Most of Engineering bills to non - General Fund Funds • Most of the remaining Departments are already staffed at their most basic levels • Non -Departmental and City Attorney have no employees and most of the costs are under contract of ED,y' 0�0 Q Packet Pg. 345 Thank you. wr to r U OF EDM +� v O'yQ Q � N Pac ��ket Pg. 346 9.2 City Council Agenda Item Meeting Date: 03/5/2024 Consideration of Change of Council Meeting Minutes Style Staff Lead: City Council Department: City Council Preparer: Beckie Peterson Background/History Edmonds City Council has utilized a "detailed style" of minutes for many years. Our City Clerk, Scott Passey, and esteemed trainer and parliamentarian, Ann MacFarlane, have long encouraged the switch to "action -oriented" style of minutes. Ann's most recent specific encouragement to our council to make this switch was in the parliamentary procedure training provided to council on May 20, 2022. "Guideline for Minute Meetings in Local Government" handout from that training is attached. In spite of this encouragement to switch to action minutes, Council and the public have resisted the change, comfortable with and preferring the detailed minutes we have always used. In late 2023, a fiscal emergency was called, and all departments have looked, and continue to look, for places we can cut costs. In response to conversation with the Council President about this subject, Clerk Passey spoke to our minute taker Jeannie Dines to see what the cost savings would be, and it would be savings of half or more off the price we have been paying to do action minutes instead of the detailed. An agenda memo on this subject was included in the Received for Filing of the February 20, 2023 agenda packet. Recommendation Consider a motion to change the style of minutes for Edmonds City Council meetings from "detailed" to "action -oriented". Narrative Due to the following co -existing truths, council should consider this change at this time: -Action minutes are considered a best practice -Action minutes are what our minute taker is providing to other cities, and she welcomes the change -We are in the mode during this fiscal emergency of doing what we need, versus doing what we like best -We expect savings of $7,000 or more annually as a result of making this change -We can change back when we can afford to if council and the public never warm up to this change - According to Ann McFarlane, Parliamentarian, the complete content of remarks during public Hearings Packet Pg. 347 9.2 is appropriate in action -oriented minutes. - Ann McFarlane also suggests it can be helpful to include time stamps from the recording in the minutes, so people wishing to observe what was said during discussion of a specific item do not have to review the recording from the beginning. A Council vote to change to action minutes would include the expectation that these time stamps will be provided in the written action minutes. Attachments: Guidelines -for -Meeting -Minutes Packet Pg. 348 9.2.a Ju"rassic Parliament Mastering meetings using Robert's Rules NX Guidelines for Meeting Minutes in Local Government Meeting minutes recording the actions taken by your council or board are a fundamental part of the meeting process. These are our guidelines for local government meeting minutes. They refer to ordinary business and work or study meetings of councils, boards and committees. Public hearings are governed by different rules. / WHAT KIND OF MINUTES? 1. Minutes should record what is done, not what is said. We recommend action minutes for local government. 2. Summary minutes include a summary of the key points of discussion, without attribution to individual speakers. 3. We recommend that boards and councils do not keep detailed minutes of discussion ("he said, she said"). These are generally a waste of time, effort and resources. 4. Study sessions and committee meeting minutes may include more administrative detail. / WHATTO INCLUDE IN MINUTES 5. Minutes should include each main motion and its disposition (passed, failed, referred to committee, postponed, etc.). Minor procedural motions such as approving the agenda or calling the question do not need to be included. a 6. Include all points of order, appeals, and their result. This becomes precedent for the future. 7. If the body wants to give reasons for its actions, use a resolution with "whereas" clauses. www.jurassicparliament.com 9.2.a 0) / DON'T INCLUDE IN MINUTES 8. If a motion does not receive a second, Jurassic Parliament recommends that it not be included in the minutes. However, the Robert's Rules Association says that it should be included. 9. According to Robert, do not record the name of the seconder in the minutes. However, if a higher authority requires this, include it. io. Keep track of amendments, but do not include each individual amendment in the minutes. Instead, include the final text of the motion. "After discusssion and amendment, the following motion was approved..." ii. Withdrawn motions are not normally included in the minutes. 12. Putting something "on the record" is a privilege of the body. Personal opinions do not belong in the minutes. However, the body may vote to include anything it chooses in its record. 13. In our view minutes should not record detailed public comment. It is sufficient to say that "public comment was given." 14. Members should not be allowed to provide new material after the meeting to be included in the minutes. 15. Minutes cannot be altered to include something that didn't actually happen. VOTING IN MEETING MINUTES 16. Voice votes, if allowed in your state, maybe recorded in the minutes as "the motion passed" or "the motion failed." Roll call votes and counted votes must be recorded in full detail. 17. When voting details are included, it should be immediately clear how each member voted. Do not write, for example, "the motion passed with members X and Y voting against." / REPORTS IN MEETING MINUTES 18. Written reports can be received for filing separately. They do not need to be part of the minutes. 19. It is burdensome and inefficient for staff to be expected to write down summaries of oral reports. If a body wishes to include reports of committees or other bodies in its minutes, the committee should be requested to provide the summary. 20. Minutes should include the specifics of any election held and the full text of any policy adopted. Lengthy ordinances maybe recorded separately. / PROCESSING AND APPROVING THE MINUTES 21. It is no longer considered necessary to include the words "respectfully submitted" above the clerk/secretary's signature. 22. Draft minutes will be included in the agenda packet that is sent to the board and posted for the public. They should be clearly marked "draft." Wait until minutes are approved to post them to the website. 23. A person does not have to have been present at a meeting in participate in approving the minutes of that meeting. 24. The only proper way to object to the approval of the clerk/secretary's draft of the meeting minutes is to propose a correction. 25. Minutes are not approved at a special meeting. Rather, they are held over until the next regular meeting. 26. Minutes of executive session, if any are kept, are approved and maintained separately from minutes of regular session. 27. Once minutes are approved, the clerkisecretary must prepare a copy without the word "draft", include the date of approval, and sign or initial the approved minutes for the record. Packet Pg. 350 9.2.a / RECORDINGS OF THE MEETING 28. Unless state law says otherwise, the written minutes as approved by the body are the official record of the meeting. Audio and video recordings are not the official record. 29. It can be helpful to include time stamps from the recording in the minutes, so people wishing to observe what was said during discussion of a specific item do not have to review the recording from the beginning. / CHANGING THE MINUTES 30. Approved minutes can be changed at any time using the motion "to amend something previously adopted." The changes are noted on the minutes being changed, with signature According to Robert's Rules, details of the changes are not included in the minutes of the meeting at which the changes are made. If questions arise about meeting minutes, consult your attorney. State law and regulations and your specific bylaws or rules of procedure have higher standing than Robert's Rules of order, other parliamentary authorities, or these guidelines. More information: ■ Robert's Rules of Order Newly Revised, nth edition, pp. 468-48o ■ www.jurassicparliament.com/Category/meeting-minutes/ ■ www.robertsrules.com Do you have feedback on these guidelines for us? We are always eager to improve ourpublications. Visit our website at www.jurassicparliament.comicategory/meeting-minutes/ for much more information on minutes, and contact us at info@jurassicparliament.com or 2o6-542-8422 with your suggestions. We look forward to hearing from you! Guidelines for Meeting Minutes in Local Government © Jurassic Parliament 2018. All rights reserved. TERMS OF USE This article is provided for personal use. The user may not modify, publish, license, create derivative works from, transfer or sell any information or services contained in this publication or obtained from our website, or use the content of our website for public or commercial purposes, including anytext, images, audio or video,without the written permission of Jurassic Parliament. Jurassic Parliament reserves the right to update our website at any time without notice to you. If you would like to use or quote this material for any purpose otherthan expressly as authorized herein, contact the Jurassic Parliament office. DISCLAIMER This material is provided for general educational purposes. Jurassic Parliament makes no representation about the suitability of the information contained in the documents and related graphics published as part of these services for any purpose. All such documents and related graphics are provided "as is"without warranty of any kind.Jurassic Parliament hereby disclaims all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non -infringement. Nothing written here constitutes legal or business advice. Readers with specific questions are advised to seek an appropriate credentialed authority to address their issues. P.O. Box 77553, Seattle, WA 98177 TEL 206.542.8422 I EMAIL info@jurassicparliament.com www. jurassicparliament.com Packet Pg. 351