Ordinance 30350006.040.001(B)
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06/13/95
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ORDINANCE NO. 3035
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTERS 19.00, 19.05, 19.25
AND 19.75 OF THE EDMONDS COMMUNITY
DEVELOPMENT CODE IN ORDER TO ADOPT THE 1994
EDITIONS OF THE UNIFORM BUILDING, UNIFORM
MECHANICAL, AND UNIFORM FIRE CODES; REPEALING
SECTION 19.75.175, WHICH REQUIRES THE
INSTALLATION OF SMOKE ALARMS FOR MULTI - FAMILY
RESIDENCES; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edmonds has adopted by reference
numerous uniform codes for the health, safety and welfare of the citizens as set forth in the
Edmonds Community Development Code (ECDC), and Chapter 19.27 RCW requires cities to
enforce the provisions of said uniform codes, and
WHEREAS, the Washington Administrative Code (WAC) Title 51 sets forth the
1994 editions of the Uniform Building Code, Uniform Fire Code, and the Uniform Mechanical
Code and mandates that the same shall become effective in all cities as of June 30, 1995, and
WHEREAS, the City Council of the City of Edmonds wishes to amend Chapters
19.00, 19.05, 19.25 and 19.75 of the ECDC in order to adopt by reference the 1994 editions
of these uniform codes, and
WHEREAS, Section 19.75.175, requiring the installation of smoke alarms for
existing multifamily residences, has been fully implemented and other code provisions require
smoke alarms for all new multifamily residences, NOW, THEREFORE,
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THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
the following:
Section 1. Section 19.00.000 of the ECDC is hereby repealed and replaced with
19.00.000 Building Code Adopted.
The 1994 edition of the Uniform Building Code as published by
the International Conference of Building Officials (ICBO),
including the state amendments set forth in Chapter 51 -30 of the
Washington Administrative Code (WAC) and Appendix Chapters
3, Divisions II, IV and V; Chapter 4, Division III; Chapter 9;
Chapter 12, Divsion II; Chapter 15; Chapter 19; Chapter 31,
Divisions II and III; and Chapter 33 is hereby adopted by
reference as if fully set forth, as the Building Code of the City of
Edmonds. The Code shall regulate the erection, construction,
enlargement, alteration, equipment, use, area and maintenance of
buildings and structures in the City; and provide for the issuance
of permits and the collection of permit fees.
Section 2. The introductory language to Section 19.00.010 of the Edmonds
Community Development Code is hereby repealed and replaced with the following:
Section 106.4 of the 1994 Edition of the Uniform Building Code
is hereby repealed and replaced with the following:
Section 3. Section 19.00.010(A) of the Edmonds Community Development Code
is hereby repealed and replaced with the following:
A. Issuance. The application, plans and specifications filed by an applicant
for a permit shall be checked by the Building Official. The plans may be
reviewed by other departments of the City to check compliance with the
laws and ordinances under their jurisdiction. If the Building Official is
satisfied that the work described in an application for permit and the plans
conform to the requirements of this code and other pertinent laws and
ordinances, including, but not limited to the conditions of approval of
subdivisions for all property having been subdivided as required by
Chapter 20.75, and that the fees specified in Section 107.1 and the fees
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specified in Section 107.2, as amended by Section 19.00.070(A), have
been paid, he shall issue a permit to the applicant, but not otherwise.
When the Building Official issues the permit, he shall endorse in writing
or stamp on both sets of plans and specifications "APPROVED."
Approved plans and specifications shall not be changed without written
authorization from the Building Official, and all work shall be done in
accordance with the approved plans. [Ord. 2725, 1989]
Section 4. The introductory language to Section 19.00.070 of the Edmonds
Community Development Code is hereby repealed and replaced with the following:
Section 3310 of Appendix Chapter 33 and Section 107.2 of the
1994 Edition of the Uniform Building Code are hereby repealed
and replaced with the following:
Section 5. Section 19.00.010(F) of the Edmonds Community Development Code
is hereby repealed and replaced with the following:
F. Expiration. Every permit issued by the Building Official under the
provisions of Title 19 shall expire and become null and void one year
from the date of issuance except as provided below:
1. Demolition permits required by Section 19.00.050 expire 180 days
from date of issuance.
2. Permits for moved -in buildings required by Section 19.35.000 shall
expire 180 days from the date of issuance.
Under the expiration of any permit referred to in this section, the
applicant shall immediately cease work; however, if the applicant has at
least commenced work under the permit, the applicant may, np � or to the
expiration of the original permit, which is one year from the date the
original permit was granted, apply for a permit extension for one
additional year. The permit extension, if granted, shall only be allowed
once. If the plans and specifications for the permit application are the
same as the plans and specifications submitted for the original permit
application,t he permit fee shall be one -half the amount required for a new
permit, otherwise the full fee shall be required. Whenever an appeal is
filed and a necessary development approval is stayed in accordance with
ECDC 20.105.020(B), the time limit periods imposed under this section
shall also be stayed until final decision. This section is intended to
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replace Section 106.4.4 of the Uniform Building Code. [Ord. 2917 §1,
1993].
Section 6. Subsections 19.00.120(A) and (B) of the Edmonds Community
Development Code is hereby repealed and replaced with the following:
19.00.120 Architectural Design Review -- Optional Vesting.
In addition to the vesting rights created by RCW 19.27.095 and
ECDC 19.00.110, an applicant for development as defined in
ECDC 20. 10.010 and subject to Architectural Design Review may,
at the applicant's option, file a fully complete augmented
Architectural Design Review application (hereinafter "Augmented
ADB Application ") and vest rights under the provisions of the
Edmonds Community Development Code and the State Building
Code as adopted and amended by the City of Edmonds, ECDC
Title 19 as then in effect.
A. Fully Complete. Augmented Application for Architectural
Design Review. An Augmented ADB Application shall
consist of:
1. 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:
a. All fees required by ordinance, including
impact mitigation fees to be deposited at the
time such SEPA requirements become final.
b. A site plan showing the current zoning of
the development site, the footprint of all
proposed structures, the total square footage
of the development structures and each
separate floor thereof, all set backs required
by either the zoning code or state building
codes, proposed parking configurations, and
entrances and fire exit (if separate).
C. Elevation drawings showing the original
grade of the site, any proposed alterations to
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grade, the proposed height of the structure
and the number of stories.
d. 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 sufficient, in
conjunction with the other materials to
determine the occupancy classifications of
the Uniform Building Code and the Uniform
Fire Code as those codes then in effect.
e. A building permit application is described in
Section 106.3.1 of the 1994 Edition of the
Uniform Building Code as the same exists
or is hereafter amended, and all building
permit and plan check fees -- provided that
the plans required by Section 106.3.1 and
Section 106.3.3 of the 1994 Edition of the
Uniform Building Code (UBC) as the same
exists or is hereafter amended and other
engineering documents, plans or drawings
required by Title 18 of - the Edmonds
Community Development Code may be
submitted within 90 days of final
Architectural Design Board approval, or
final approval on appeal.
B. Vesting. 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:
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 ECDC
Chapter 20.10. The applicant may supplement the
original application in the event an application is
deemed incomplete by the designee of the
Community Services Director. Vesting shall occur
only when the application is complete. Failure to
supplement an incomplete application within thirty
(30) calendar days of the date written notification is
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mailed, postage paid, in the United States mail to
the agent specified in the application, shall result in
forfeiture of all fees paid and the no vesting right
shall attach.
2. The application shall expire along with all rights
vested one hundred eighty (180) days following the
date of application if final Architectural Design
approval is not received.
a. The Community Services Director's
designee may issue an extension for an
additional period, not exceeding one
hundred eighty (180) days upon a request by
the applicant(s) or their agent(s) showing
that circumstances beyond the control of the
applicant have prevented action from being
taken. Such application shall be filled prior
to the expiration of the original 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 periods shall run concurrently with
the periods established by Section 107.4 of
the 1994 Edition of the Uniform Building
Code (UBC) as the same exists or is
hereafter amended. No application shall be
extended more than once. In order to renew
an application after expiration, the applicant
shall resubmit all required information and
pay a new plan review fee.
3. The applicant shall comply with all provisions of
state law and regulation and the Edmonds
Community Development Code regarding state
environmental review (SEPA). Review periods or
delays occasioned by SEPA shall stay the time
periods set by this ordinance.
4. Following final Architectural Design approval, the
applicant shall file the plans and information
required by Section 107.2 and Section 107.3 of the
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1994 Edition of the Uniform Building Code (UBC)
as the same exists or is hereafter amended. An
additional ninety (90) days shall be extended to
applicants for developments subject to ECDC
Chapter 19.05 relating to building permits within
Earth Subsidence and Landslide Hazard areas. It is
anticipated that minor adjustments and changes may
and are usually required to the plans submitted as a
result of the plan check review and administrative
process, provided that the following changes shall
not be considered "minor" shall forfeit vesting
rights, and shall require the filing of a new
application:
a. Any substantial change not required by the
terms of Architectural Design approval;
b. Any increase in excess of five percent (5 %)
in height or total square footage or any
change which would change the occupancy
classification for the purposes of the State
Building Code, particularly the Uniform
Building and Fire Codes.
5. If any ADB application is finally denied, the
applicant can withdraw the project and the building
permit and plan check fees paid shall be returned.
Such withdrawal shall be in writing. Failure to
withdraw an application prior to the expiration or
extension of an application will result in forfeiture
of fees as provided in this section and the
subparagraphs hereof.
6. Any decision of the City staff regarding the
application stated in this section and its
interpretation shall be appealable only to the
Superior Court of Snohomish County by writ of
mandamus and is not subject to the provisions of
ECDC Chapter 20.105.
Section 7. Section 19.05.005 of the Edmonds Community Development Code is
hereby repealed and replaced with the following:
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19.05.005 Uniform Building Code Amended.
The provisions of this section amend the 1994 Edition of the
Uniform Building Code (UBC) and all subsequent revisions
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
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 2 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 16 to add a new section
1601.5 setting forth the requirements of ECDC
Chapter 19.05, incorporated by this reference as
fully as if herein set forth;
2. Amend UBC Chapter 1 Administration to add a
new section 106.1.5 to read as follows:
Sec. 106.1.5. Any permit requested for a site lying
in whore 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 1601.5 (ECDC Chapter 19.05); and
3. Amend UBC Chapter 18 Foundations and Retaining
Walls to add a new Section 1800 to read as follows:
Section 1800. 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
104361.10 -8-
upon in accordance with the provisions of UBC
Section 1601.5 (ECDC Chapter 19.05); and
4. Amend UBC Section 3306.2 of Appendix Chapter
33 to add the following:
10. 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 1601.5
(ECDC Chapter 19.05) and the definitions
set forth therein, incorporated by this
reference as if herein set forth.
5. Repeal Section 106.2 of the 1994 Edition of the
Uniform Building Code and replace it with the
following:
106.2 Work Exempt from Permit. A building
permit shall not be required for the following,
unless otherwise required by City ordinance:
1. One -story detached accessory buildings used
as tool and storage sheds, playhouses and
similar uses, provided the projected roof
area does not exceed 120 square feet (11.5
square meters).
2. Fences not over 6 feet (1829 mm) high.
3. Oil derricks.
4. Movable cases, counters and partitions not
over 5 feet 9 inches (1753 mm) high.
5. Retaining walls which are not over 4 feet
(1219 mm) in height measured from the
bottom of the footing to the top of the wall,
unless supporting a surcharge or impounding
Class I, II or III -A liquids.
104361.10 -9-
6. Water tanks supported directly upon grade if
the capacity does not exceed 5,000 gallons
(18,927 L) and the ratio of height to
diameter or width does not exceed 2 to 1.
7. Platforms, walks and driveways not more
than 30 inches (762 mm) above grade and
not over any basement or story below.
8. Painting, papering and similar finish work.
9. Temporary motion picture, television and
theater stage sets and scenery.
10. Window awnings supported by an exterior
wall of Group R, Division 3, and Group U
Occupancies when projecting not more than
54 inches.
11. Prefabricated swimming pools accessory to
a Group R, Division 3 Occupancy in which
the pool walls are entirely above the
adjacent grade and if the capacity does not
exceed 5,000 gallons (18,927 L).
Unless otherwise exempted, separate plumbing,
electrical and mechanical permits will be required
for the above - exempted items.
Exemption from the 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.
The exemptions set forth in the preceding
paragraphs 1, 3, 5, 6, 6 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 1994 edition) expand
or add any exemption from permit requirements
shall not be effective to construction within Earth
Subsidence and Landslide Hazard Area unless it is
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the following:
the following:
the following:
specifically approved for exemption by ordinance by
the Edmonds City Council.
Section 8. Section 19. 10.000 of the ECDC is hereby repealed and replaced with
19. 10.000 Housing Code Adopted.
The Uniform Housing Code, 1994 Edition, as published by the
International Conference of Building Officials, including all
appendices, is hereby adopted by reference as if fully set forth, as
the Housing Code for the City of Edmonds, subject to the
amendments contained herein.
Section 9. Section 19.20.000 of the ECDC is hereby repealed and replaced with
19.20.000 Dangerous Building Code Adopted.
The Uniform Code for the Abatement of Dangerous Buildings,
1994 Edition, as published by the International Conference of
Building Officials, is hereby adopted by reference as if fully set
forth, as the Uniform Code for the repair, vacation and demolition
of dangerous buildings for the City of Edmonds, subject to the
amendments contained herein.
Section 10. Section 19.25.000 of the ECDC is hereby repealed and replaced with
19.25.000 Adoption of the Uniform Mechanical Code.
The 1994 edition of the Uniform Mechanical Code, including
Chapter 13, Fuel -Gas Piping, Appendix B, published by the ICBO,
together with the state amendments set forth in Chapter 51 -32
WAC, are adopted by reference as if fully set forth, as the
mechanical code of the City of Edmonds.
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the following:
the following:
Section 11. Section 19.45.000 of the ECDC is hereby repealed and replaced with
19.45.000 Adoption of Uniform Sign _Code.
The Uniform Sign Code, 1994 Edition, as published by the
International Conference of Building Officials, is hereby adopted
by reference as if fully set forth, as the Uniform Sign Code for the
City of Edmonds, subject to the amendments contained herein.
Section 12. Section 19.55.000 of the ECDC is hereby repealed and replaced with
19.55.000 Uniform Swimming Pool, Spa and Hot Tub Code
Adopted.
The Uniform Swimming Pool, Spa and Hot Tub Code, 1994 Edition, as
published by the International Association of Plumbing and Mechanical
Officials, is hereby adopted by reference as if fully set forth, as the
Swimming Pool, Spa and Hot Tub Code of the City of Edmonds, subject
to the amendments contained herein. The Code shall require the erection,
construction, enlargement, alteration, repair, moving, removal,
conversion, demolition, occupancy, equipment, use, location and setback
requirements, area and maintenance of swimming pools, spas and hot tubs
appurtenances within the City; and provide for the issuance of permits and
the collection of fees, and the violations of such Code.
Section 13. Section 19.75.000(A) of the ECDC is hereby repealed and replaced
with the following:
19.75.000 Adoption of Life Safety Codes.
A. Uniform Fire Code Adopted.
The 1994 edition of the Uniform Fire Code and Appendices I -C,
II -F, III -A, III -B, III -C, III -D, V -A, VI -A, VI -D, VI -F and VI -G
published by the International Fire Code Institute, together with
the state amendments set forth in Chapter 51 -34 WAC, are adopted
by reference as if fully set forth as the fire code of the City of
Edmonds. The 1994 edition of the Uniform Fire Code standards
as published by the International Fire Code Institute, together with
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the state amendments set forth in Chapter 51 -35 WAC, are also
adopted by reference as if fully set forth herein.
Section 14. Section 19.75.015 of the Edmonds Community Development Code
is hereby repealed.
Section 15. Section 902.2.2.2 of the 1994 edition of the Uniform Fire Code as
adapted by this Chapter, is hereby repealed and replaced with the following:
902.2.2.2 Surface. Fire apparatus access roads shall be designed and maintained
to support the imposed loads fire apparatus and shall be provided with a surface
so as to provide all- weather driving capabilities.
Section 16. Section 19.75.175 of the Edmonds Community Development Code
is hereby repealed.
Section 17. Severbility. If any section, sentence clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
1
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 18. Effective Date. This ordinance or a summary thereof consisting of
the title shall be published in the official newspaper of the City and shall take effect and be in
full force on June 30, 1995.
APPROVED:
S.
104361.10 -13-
ATTEST /AUTHENTICATED:
CITY cLBkK, SANDY CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
I
FILED WITH THE CITY CLERK: 07/14/95
PASSED BY THE CITY COUNCIL: 07/18/95
PUBLISHED: 07/23/95
EFFECTIVE DATE: 07/28/95
ORDINANCE NO.. 3035
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SUMMARY OF ORDINANCE NO. 3035
of the City of Edmonds, Washington
On the 18thday of July , 199 5 , the City Council of the City of Edmonds,
passed Ordinance No. 3035 . A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING
CHAPTERS 19.00, 19.25 AND 19.75 OF THE EDMONDS COMMUNITY DEVELOPMENT
CODE, REGARDING THE ADOPTION OF THE 1994 EDITIONS OF THE UNIFORM
BUILDING, UNIFORM MECHANICAL, AND UNIFORM FIRE CODES, AND
ESTABLISHING AND EFFECTIVE DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 19thday of July , 1995.
'� SANDY CHASE
RECEIVED
July 23, 1995
....................................................... ......................... . . . . .. ................ ...............................
............................................. ........................................................................................
and that id newspaper was egularly distributed to its subscribers
durin a o said period.
... ...
... ........... ..
Principal Clerk
Subscribed and sworn to before me this........ 24th
day o .. Ju I. y 19...95
a
......................F.....
- • .............. ................
Notary Public in and for the ate,p of Washington,
residing at Everett, Snohom' h CoUty.
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AUG 1 - 1995
Affidavit of Publication EDMONDS CITY CLERK
STATE OF WASHINGTON,
COUNTY OF SNOHOIVISH,
ss
SUMMARY OF
ORDINANCE the City ,
of the Cdy of
The undersigned, being first duly sworn on oath deposes and says
Edmonds, Washington
On the 18th day of July,
1995, the City Council of the
that she is Principal Clerk of THE HERALD, a daily newspaper
City of Edmonds, passed
sum-
No. 3035. A sum-
Ordinance
mary of the content of said
printed and y y
P published in the City of Everett, Count of Snohomish,
ordinance, consisting of the
title, provides as follows:
AN ORDINANCE OF THE
and State of er of
Washington; that said newspaper is a newspaper
g p p
CITY OF EDMONDS WASH-
INGTON, AMENDING CHAP-
general circulation in said County and State; that said newspaper
TERS 19.00, 19.25 AND 19.75
OF THE EDMONDS
COMMUNITY DEVELOPMENT .
has been approved as a legal newspaper by order of the Superior
AD OP REGARDING OFT THE OF THE UNIFORM
Court of Snohomish County and that the notice ......... ...............................
BUILDING, UNIFORM ME.
CHANICAL, AND UNIFORM
FIRE CODES, AND ESTAB.
LISHING AND EFFECTIVE
Summary f Ordinance No. 3035
y
DATE.
The full text of this Ordi-
nance will be mailed upon
reqqut. -
pAesTED this 19th day of July,
1995.
SANDY CHASE,
City Clerk
'Published: July 23, 1935. -
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
July 23, 1995
....................................................... ......................... . . . . .. ................ ...............................
............................................. ........................................................................................
and that id newspaper was egularly distributed to its subscribers
durin a o said period.
... ...
... ........... ..
Principal Clerk
Subscribed and sworn to before me this........ 24th
day o .. Ju I. y 19...95
a
......................F.....
- • .............. ................
Notary Public in and for the ate,p of Washington,
residing at Everett, Snohom' h CoUty.
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