Ordinance 26660006.04G35
WSS/naa
WSS50503O
03/14/88
ORDINANCE NO 2666
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING ORDINANCE INO. 2661 TO PROVIDE SPECIFIC
REFERENCES TO THE STATE BUILDING CODE AS ADOPTED
BY RCW 19.27.031, PROVIDING FOR SEVERABILITY,
REQUESTING PROMPT ACTION BY THE SBCC AND FIXING
A TIME WHEN THE SAME SHALL BECOME EFFECTIVE
WHEREAS, the City has previously requested an opinion
from the State Building Code Council (SBCC) defining minimum lot
stability as it relates to the minimum performance standards of
the Uniform Building Code of 1982 (UBC) adopted as the State
Building Code by RCW 19.27.031(1); and
WHEREAS, the SBCC declined to issue its opinion stating
as its policy that the SBCC will not interpret codes drafted by
the International Council of Building Officials (ICBO), thereby
deferring to ICBO's interpretations, and further advised the City
to adopt it own standards; and
WHEREAS, the opinion of the ICBO expressed to the City
was that lot stability is an inherent requirement of the UBC
although not specifically referenced by a UBC section; and
WHEREAS, the City adopted Ordinance No. 2661 in order
that the State Building Code (UBC) be amended to include a
definition of stability and a procedure for the issuance of
permits within landslide sensitive areas; and
WHEREAS, Ordinance No. 2661 was submitted to the SBCC in
order to comply with the requirements of RCW 19.27.060(1) that
~tp ordinance be reviewed to insure that it does not result in a
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code which is less than the minimum performance standards set by
the State Building Code and because the ordinance imposes
requirements and/or limitations on the issuance of permits for
single family and multi -family residential structures; and
WHEREAS, the SBCC on the advice of the Attorney General
has declined to review the ordinance because it does not
reference a specific UBC provision; and
WHEREAS, this position runs counter to the SBCC's
previous decision to defer to the opinion of the ICBO that such
requirements were an "inherent" part of the Code; and
WHEREAS, the City of Edmonds continues to attempt to
comply with the directives of the SBCC but does not desire to
enact a free standing regulation nor to impose any additional
substantive regulation beyond she minimum performance standards
of the State Building Code (UBC); NOW, THEREFORE,
THE CITY COUNCIL OF EDMONDS, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. -he provisions of Ordinance No. 2661 and
ECDC Chapter 19.05 Building Permits Earth Subsidence and
Landslide are hereby amended by the addi~ion of a new section
19.05.005 Uniform Buildinq Code Amended to read as follows:
19.05.005 Uniform Building Code Amended. The
provisions of this section amend the Uniform Building
Code of 1982 (UBC) adopted by RCW 19.27.031(1) as the
State Building Code and previously amended by ECDC
Chapter 19.00. All prior amendments have received the
approval of the State Building Code Council. All
provisions of the UBC which conflict with this ordinance
shall be deemed amended hereby and any ambiguity created
shall be resolved _n favor of the specific provision or
general intent of said ordinance. In addition to the
amendment o: the UBC by its alteration, improvement and
correction to incorporate the ordinance, the following
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specific code provisions are amended:
A. UBC Chapter 4 DEFINITIONS AND ABBREVIATIONS is
hereby amended to include the definitions set forth
i^ ECDC section 19.05.020, Section 2 of Ordinance
No. 2661, incorporated by this reference as fully
as if herein set forth.
B. The substantive and procedural requirements of ECDC
Chapter 19.05, Section 2 of Ordinance No. 2661, are
amended by the correction and alteration of the
following sections of the UBC:
1. Amend UBC Chapter 23 to add a new section 2313
setting forth the requirements of ECDC Chapter
19.05, as set forth in Grdinance No. 2661,
incorporated by this reference as fully as if
herein set forth;
2. Amend UBC Chapter 3 PERMITS AND INSPECTIONS to
add a new section 308 to read as fellows:
Sec. 308. Any permit requested for a site
lying in whole or in part within an Earth
Subsidence and Landslide Hazard Area shall be
processed and acted upon in accordance with
the provisions of UBC section 2313 (ECDC
Chapter 19.05);
3. Amend "UBC Chapter 29 EXCAVATIONS, FOUNDATIONS
AND RETAINING WADS to add a new section 2910
to read as follows:
Sec. 2910. Any permit requested for a site
lying in whole or in part within an Earth
Subsidence and Landslide Hazard Area shall be
processed and acted upon in accordance with
the provisions of UBC sectioi, 2313 (ECDC
Chapter 12.05); and
4. Amend UBC Appendix 70 EXCAVATION AND GRADING
to add a new subsection 7003t10) to read as
follows:
Sec. 7003.
10. Any permit requested for a site lying in
whole or in part within an Earth Subsidence
and Landslide Hazard Area shall he processed
and acted upon in accordance with the
provisions of UBC section 2313 (ECDC Chapter
12.^;' and the definitions set forth therein,
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incorporated by this reference as fully as if
herein set forth.
Section 2. The provisions of Section 1 of pis
ordinance are and shall be severable and in the event that any
paragraph of this section of the ordinance is found to be void or
invalid by a court of competent jurisdiction, the remaining
provisions shall remain in full force and effect. This provision
shall not be interpreted to amend the requirement of Se,7tion 3 of
Ordinance No. 2661 nor of Section 4 of this ordinance relating to
the effective date of such ordinances.
Section 3. The State Building Code Council is requested
to move expeditiously to either approve or deny the provisions of
Ordinance No. 2661 and this ordinance in accordance with the
provisions of sections 19.27.060 and 19.27.074. The City has
consistently enforced the provisions of the State Building Code
(UBC) in accordance with the direction of the ICBO. The SBCC's
previous refusal to interpret the State Building Code (UBC) =s
interpreted as the deferral of the SBCC to the ICBO's o-ior
direction,. Because the City desires to enforce the State
Building Code (UBC) to the full extent required by State law but
does not wish to independently exercise its police power in the
form of a land use or zoning regulation, the requ:.rements of
Ordinance No. 2661 and this ordinance have taken the form of
amendments to the State Building Code (UBC).
Section 4. The provisions of this ordinance are an
exercise of a power delegated to the legislative body, are not
subject to referendum and shall take effect five (5) days after
publication of the attached approved summary, provided, however,
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that this ordinance as well as Ordinance No. 2661 shall not be
effective until apprived by the written order of the State
Building Code Council. Until such time as approval is received,
the existing provisions of the State Build:rg Code (UBC) as
_ previously amended by revisions apE,oved by the SBCC shall remain
in full force and effect.
APPROVED:
ATTEST/AUTHENTICATED:
CITY CLERK, JACQUELINE G. ?ARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITf A.^TORNFY:
BY
FILED WITH THE CITY CLERK: March 15, 1,�88
PASSED BY THE CITY COUNCIL: March 15, 1988
'DUBI'SHED: March 20, 1988
EFFECTIVE DATE: March 25, 1988
ORDINANCE NO. 2666
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