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Ordinance 29380006.040.001A WSS /are 06/28/93 rev: 07/13/93 rev: 07/15/93 ORDINANCE NO. 2938 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 19.05.005 TO RENUMBER SECTIONS IN ACCORDANCE WITH THE PROVISIONS OF THE 1991 EDITION OF THE UNIFORM BUILDING CODE, ADDING A NEW SUBSECTION 5 CLARIFYING THAT CERTAIN EXEMPTIONS FROM BUILDING CODE PERMIT ARE NOT APPLICABLE TO EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREAS AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the 1991 edition of the Uniform Building Code adds certain sections requiring renumbering of paragraphs previously amended by the City's Earth Subsidence and Landslide Hazard Ordinance, and WHEREAS, certain of the exemptions from building permit requirements such as authorization to install water tanks, prefabricated swimming pools, retaining walls less than four feet in height and detached accessory buildings should not be applicable to Earth Subsidence and Landslide Hazard Areas but rather reviewed in accordance with Chapter 19.05, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS! Section 1. Section 19.05.005 Uniform Building Code amended, is hereby amended to renumber certain Uniform Building Code sections in accordance with the 1991 edition to read as follows: 50605.1 -1- 19.05.005 UNIFORM BUILDING CODE AMENDED. The provisions of this section amend the Uniform Building Code of 1991 (UBC) and all subsequent revisions adopted by RCW 19.27.031(1) as the State Building Code and the State Building Code Council 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 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 amendment of the UBC by its alteration, improvement and correction to incorporate the chapter, the following specific code provisions are amended: A. UBC chapter 4 DEFINITIONS AND ABBREVIATIONS is hereby amended to include the definitions set forth in 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 A2310 setting forth the requirements of ECDC chapter 19.05, incorporated by this reference as fully as if herein set forth; 2. Amend UBC Chapter 3 PERMITS AND INSPECTIONS to add a new section A308 to read as follows: Sec. A308. 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 A2310 (ECDC Chapter 19.05); and 3. Amend UBC Chapter 29 EXCAVATIONS, FOUNDATIONS AND RETAINING WALLS to add a new section A2910 to read as follows: 50605.1 -2- Sec. A308. 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 A2310 (ECDC Chapter 19.05); and 4. Amend UBC Appendix 70 EXCAVATION AND GRADING to add a new subsection 7003I to read as follows: Sec. 7003. I. 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 12.05) and the definitions set forth therein, incorporated by this reference as if herein set forth. Section 2. Section 19.05.005 Uniform Building Code Amended is hereby amended to add a new subsection 5 amending the Uniform Building Code Section 301(B) relating to exemptions from permit requirements to add the following provision at the conclusion of subparagraph (B) to read as follows: B. The exemptions set forth in preceding subparagraphs 1, 3, 5, 6, 7 and 11 shall not apply in any area designated as an Earth Subsidence and Landslide Hazard Area as defined in ECDC 19.05.020. In the event that future additions of the Uniform Building Code (post 1991 edition) expand or add any exemption, such exemption from permit shall 50605.1 -3- not be effective to construction within Earth Subsidence and Landslide Hazard Area unless it is specifically approved for exemption by ordinance by the Edmonds City Council. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. Effective Date. This ordinance, being an administrative action, is not subject to referendum and shall take effect five (5) days after publication. APPROVED: ATTEST /AUTHENTICATED: CLERK,'RHONDA J. MARCH , APPROVED AS TO FORM: OFFICE—OF THE CITY ATTORNEY: lit FILED WITH THE CITY CLERK: July 16, 1993 PASSED BY THE CITY COUNCIL: July 20, 1993 PUBLISHED: July 25, 1993 EFFECTIVE DATE: July 30, 1993 ORDINANCE NO. 2938 50605.1 -4- SUMMARY OF ORDINANCE NO. 2938 of the City of Edmonds, Washington On the 20thday of July—, 1993, the City Council of the City of Edmonds, passed Ordinance No. 2938 A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING SECTION 19.05.005 TO RENUMBER SECTIONS IN ACCORDANCE WITH THE PROVISIONS OF THE 1991 EDITION OF THE UNIFORM BUILDING CODE, ADDING A NEW SUBSECTION 5 CLARIFYING THAT CERTAIN EXEMPTIONS FROM BUILDING CODE PERMIT ARE NOT APPLICABLE TO EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREAS AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. request. The full text of this Ordinance will be mailed upon DATED this 20th day of July , 1993. I Y CLERK, Fd10NDA J. MARCH STATE OF WASHINGTON, COUNTY OF SNOHODUSH, ss Affidavit of Publication The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper JMMARY OF printed and published in the City of Everett, County of Snohomish, NANCE NO. 2919. if the as in of and State of Washington; that said newspaper is a newspaper of ends, Washington g Oth day of July 1993 :ouncll of the Cny of general circulation in said County and State; that said newspaper passed Ordinance f sdmrn> olodiance, has been approved as a legal newspaper by order of the Superior of the tMle,.Provldes ANCE OF THE CITY_ Court of Snohomish County and that the notice ......... ............................... NOS WASHINGTON - o SECTION 19.0s.003 VEER SECTIONS IN ONCE WITH THE Summary o,fOrdinanceNo.2938JS OF THE 1991 ... ... ... ...... . ......................... ----------- ------ City of Edmonds ....... :.............................................................................................................................. ANU LANUSLIUt HA<ARD i AREAS AND FIXING A TIME. WHEN THE SAME SHALL BECOME EFFECTIVE. ................................................ ............................... ....................................................... The full text of this a printed copy of which is hereunto attached, was published in said Ordinance will be mailed upon request. DATED this 20th day of JUly, newspaper proper and not in supplement form in the regular and , 1993. .RHONDA J. MARL" entire edition of said paper on the following days and times, namely: Published: July 25, 1993, July 25, 1993 ....................................................................................................... ............................... and that said newspaper was regul rl distributed to its subscribers durjAg —all of said period. .....< ....................:.... �.. �,.......:............................................................. 7 ............. Principal Clerk Subscribed and sworn to before me this .:....2 6th....,..., daf....JUl ....................... ..... ..................... 19...93 ..................... . Notary Public in and fort a St a of Washington, residing at Everett, Snoh 0ZBe J. q � .ASS ►ON fr .. NOTARY �LA n 17 5.19 -94 �1G.�O OF WASt B -2 -I