Ordinance 32150006.90000
WSS.ldh
5/21/96
R:6 /11 /98gjz
R:6/ 17 /98gjz
ORDINANCE NO. 3215
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF TITLE 19
BUILDING CODES TO ADOPT THE 1997 STATE BUILDING
CODE, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
WHEREAS, the State Building Code has been revised effective July 1, 1998, and
WHEREAS, the City is obligated to adopt and enforce its provisions, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds Community Development Code, Title 19 - Building
Codes, is hereby amended to read as follows:
Title 19
BUILDING CODES
Chapters:
19.00 Building Code
19.05 Building Permits - Earth Subsidence and Landslide
Hazard Areas
19.10 Housing Code
19.15 Electrical Code
19.20 Dangerous Buildings
19.25 Mechanical Code
19.30 Plumbing Code
19.35 Moving Buildings
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19.45 Sign Building Code
19.55 Swimming Pools
19.65 Marinas
19.75 Fire Code
19.80 Street Names and Numbering
19.90 Energy Code
19.95 Barrier Free Design Standards
19.96 Ventilation and Indoor Air Quality Standards
19.97 Flood Plain Management
19.100 Limitation of Benefited and Protected Classes
Chapter 19.00
BUILDING CODES
Sections:
19.00.000
Building code adopted.
19.00.010
Permit issuance.
19.00.030
Drainage and grading.
19.00.040
Covenant for multiple residential buildings.
19.00.050
Demolition permits.
19.00.055
Manufactured home installation standards.
19.00.060
Interpretation, appeals and alternate materials.
19.00.070
Fees.
19.00.080
Penalties.
19.00.110
Fully complete application.
19.00.120
Architectural design review - Optional vesting.
19.00.130
Evidence of adequate potable water supply
required.
19.00.000 Building code adopted.
The 1997 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 -40 WAC
and Appendix Chapter 3, Division H, Chapter 9; Chapter 12,
Division II; Chapter 15; Chapter 19; Chapter 31, Division II ; 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.
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19.00.010 Permit issuance.
Section 106.4 of the 1997 edition of the Uniform Building 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 ECDC, and that the fees specified in UBC section
107.1 and 107.2, as amended by ECDC 19.00.070, and applicable
development fees adopted under the authorization of ECDC
Chapter 15.00 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.
B. Partial Permits. The building official may issue a permit for
the construction of part of a building or structure before the entire
plans and specifications for the whole building or structure have
been submitted and approved if the planning director, public works
director and fire marshal also approve the issuance of the partial
permit.
C. Retention of Plans. One set of approved plans,
specifications and computations shall be retained by the building
official for a period of not less than 90 days from date of
completion of the work covered by the plans unless State archive
laws require otherwise. One set of approved plans and
specifications shall be returned to the applicant when the permit is
issued. This set shall be kept on the building site at all times while
the work authorized is in progress.
D. Permit Not Issued. Applications for which no permit is
issued within 180 days following the date of application or 90 days
following approval, whichever is sooner, 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. The
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building official may extend the time for action by the applicant
for a period not exceeding 180 days upon request by the applicant
prior to such expiration date showing that circumstances beyond
the control of the applicant have prevented action from being
taken. No application shall be extended more than once for a total
application life of 360 days. In order to renew action on an
application after expiration, the applicant shall resubmit plans and
pay a new plan review fee.
E. Validity. The issuance of a permit or approval of plans and
specifications shall not be construed to be a permit for, or an
approval of, any violation of any of the provisions of this code or
any applicable ordinance or law. No permit presuming to give
authority to violate or cancel the provisions of this code or other
ordinance or law shall be valid, except insofar as the work or use
which it authorizes is lawful. The issuance of a permit based upon
plans and specifications shall not prevent the building official from
later requiring the correction of errors in the plans and
specifications or from preventing building construction in violation
of this code or of any other ordinance of the city or other
applicable law.
F. Expiration. Every permit issued by the building official
under the provisions of ECDC Title 19 shall expire and become
null and void one year from the date of issuance except for those
permits provided below, which shall expire 180 days from the date
of issuance. In order to recommence work on an expired permit,
a new permit application with full fees shall be submitted to the
city:
1. Demolition permits required by ECDC 19.00.050.
2. Permits for moved -in buildings required by ECDC
19.35.000.
3. Mechanical permits.
4. Tank removal, fill or placement permits.
5. Grading, excavation and fill permits.
6. Water service line permits.
7. Plumbing permits.
8. Deck and dock permits.
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9. Fence permits.
10. Re -roof permits.
11. Rockery and Retaining Wall permits.
12. Hot Tub and Swimming Pool permits.
13. Sign permits.
Under the expiration of any permit referred to in this section, the
applicant shall immediately cease work; however, if the applicant
has received at least one inspection conducted by the city building
inspector under the permit, the applicant may, prior 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, the permit fee shall be one -half
the amount required for a new permit, otherwise the full fee shall
be required. Full permit fees are required to restart work on any
expired permit. 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
replace section 106.4.4 of the Uniform Building Code.
G. Suspension or Revocation. The building official may, in
writing, suspend or revoke a permit issued under provisions of this
code whenever the permit is issued in error or on the basis of
incorrect information supplied, or in violation of any ordinance or
regulation of any of the provisions of this code, other ordinance,
or other applicable law.
H. Utilities and Street Improvements. No building permits
shall be issued for the construction, enlargement, alteration,
improvement or conversion of any building or. structure of any
kind or description unless the plans and specifications include the
construction of curbs, gutters, sidewalks, paved streets, waterlines,
sewerlines, and storm drainage necessitated by the new
construction, conversion, alteration, enlargement or improvement.
These street and utility improvements are to be built to applicable
city standards. If the community services director finds it to be
impractical for one applicant to construct the improvements at the
time of application for the building permit, construction may be
200573 -5-
deferred by the director. In this case, a performance bond shall be
filed with the city to cover the estimated cost of construction to
city standards for the improvements. Lots which have received
final approval as a subdivision, shall be deemed to be in
compliance with this subsection if all requirements of the
subdivision have been met.
I. Hazardous Sites. Building, grading and excavation permits
for construction on land which the community services director
finds to be unsuitable for improvement due to flooding or
inadequate drainage or other hazardous condition posing an
unreasonable risk to public health, safety or welfare for the plans
submitted, shall be denied. In making this determination, 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.
J. Septic System. No occupancy permit or building permit
shall be issued for the construction, alteration, improvement or
occupancy of any building or structure having or required to have
a sewage disposal system unless the applicant for the occupancy or
building permit has complied with the provisions of Chapter 18.20
ECDC.
19.00.030 Drainage and grading.
A. Drainage Improvements. Gutters, drain lines and inlets or
other necessary drainage structures shall be installed where storm
water disposal cannot be obtained without their use or where
erosion cannot be prevented by finished grading and planting.
Drywells shall be installed only in areas having open, well- drained
porous soils. Design, construction and installation of drainage
structures shall be in accordance with Chapter 18.30 ECDC.
B. Grading Requirements. The builder or owner shall grade
the site to insure:
1. Diversion of water away from buildings;
2. Prevention of standing water and soil saturation and
provision for disposal of water from lot; in
accordance with Chapter 18.30 ECDC;
3. Protection of adjoining property.
200573 -6-
19.00.040 Covenant for multiple residential buildings.
Before a building permit for the construction of any multiple
residential building is issued, the applicant shall file with the
building official a covenant running with the land, from the owners
of the real property upon which the building or structure is to be
built, as grantors, to the city of Edmonds, as grantee. The
covenant shall state the maximum number of dwelling units
permitted under the then existing ordinances of the city to be
constructed on the real property therein described for which the
building permit application has been made. The covenant shall be
recorded at the cost of the applicant with the Snohomish County
auditor. The covenant shall be a restriction that shall run with the
land and provide notice to later purchasers of the number of
dwelling units permitted to be built upon the site. The building
official may require the applicant to furnish a report from a title
insurance company doing business in Snohomish County to verify
the ownership of the grantor.
19.00.050 Demolition permits.
Before the demolition of any building or structure, a demolition
permit shall be obtained from the building official. The permit fee
shall be as stated in Chapter 15.00 ECDC. The applicant shall also
post with the city prior to permit issuance a performance bond, or
a cash deposit, conforming to Chapter 17.10 ECDC herein, in an
amount to be determined by the building official to satisfy all city
code requirements not later than six months after the issuance of
the permit. The performance bond or cash deposit shall not be
released until the following are accomplished at the vacated site,
to the satisfaction of the building official:
A. Plug or cap any abandoned sewers, as required by the
Uniform Plumbing Code, section 722.0, adopted by this title;
B. Knock down of concrete foundation walls, porches,
chimneys and similar structures, and grading of lot to fill voids;
C. Septic tanks to be pumped, collapsed and/or filled with
earth;
D. Removal of debris from property;
E. Repair of any damage to and restoration of any public or
private property to substantially original condition;
200573 -7-
F. Written request that water service be turned off and meter
removed by the department of public works.
19.00.055 Manufactured home installation standards.
A. Except as hereafter amended, WAC 296 -15OB -200 through
and including 296 -15OB -255 as currently promulgated together
with any future amendments thereof or future additions thereto are
hereby adopted by this reference and incorporated into the
Edmonds Community Development Code as if set forth herein in
full. The building official, or designee, is authorized to inspect the
installation of manufactured homes, issue building permits for the
installation of all manufactured homes that meet the requirements
of this chapter and enforce all violations of this chapter.
B. All references to "installation permits" in WAC 296 -150B-
200 through and including WAC 296 -150B -255, as herein adopted
by reference shall refer to building permits issued for the
installation of manufactured homes.
C. Fees for the issuance of a building permit for the
installation of a manufactured home shall be set forth in ECDC
Chapter 15.00 as well as all other applicable development fees.
19.00.060 Interpretation, appeals and alternate materials.
A. Interpretation. Whenever provisions of this chapter and the
Uniform Building Code as adopted conflict with the provisions of
the Edmonds zoning ordinances contained in this code, the
provisions of the zoning ordinance shall control.
B. Appeals. Appeals from the building official's interpretation
of the Uniform Building Code, determinations of suitable,
alternative methods or materials, and any other appeal delegated
to a board of appeals pursuant to the Uniform Code for the
Abatement of Dangerous Buildings, the Uniform Mechanical Code,
the Uniform Plumbing Code and any and all other codes adopted
pursuant to the direction and authority of Chapter 19.27 RCW are
hereby directed to the city's hearing examiner for hearing in
accordance with the procedures established by 20.100 and Chapter
20.105 ECDC; provided, however, that any denial or grant of
permit or interpretation of any code arising with respect to any
tract of land lying within the earth subsidence and landslide hazard
area set forth and defined in Chapter 19.05 ECDC shall be
appealable directly to and only to the Snohomish County Superior
Court by writ of certiorari. Any conflict or doubt shall be resolved
200573 -8-
in favor of the sole jurisdiction of the Superior Court. Appeals to
Superior Court shall be instituted within 10 calendar days of the
date of the mailing of the written decision of the building official.
As provided in the codes, appeal of the actions of the building
official and /or hearing examiner sitting as the building code board
of appeals shall be taken, as appropriate by writ of certiorari or
writ of mandamus to the Snohomish County Superior Court.
C. Alternate Materials. Determination of the suitability of
materials and types of construction may be made by application to
the city's hearing examiner for hearing in accordance with the
procedures established in Chapters 20.100 and 20.105 ECDC.
19.00.070 Fees.
Section 107.3 of the 1997 edition of the Uniform Building Code
is hereby repealed and replaced with the following:
A. Plan- Checking Fee. Before accepting a set of plans and
specifications for checking, the building official shall collect the
plan- checking fee. Separate permits and fees shall apply as
indicated elsewhere in this code.
B. Grading Permits. The amount of the plan checking and
permit fee for grading, excavation and /or fill plans is established
under UBC section 3310.
C. Commercial and Multifamily Occupancies. Fees for
commercial and multifamily occupancies shall be as set in Chapter
15.00 ECDC.
D. Fences. Fence permit fees shall be as set in Chapter 15.00
ECDC.
E. Compliance Inspections. Housing compliance inspection
fees shall be as set in Chapter 15.00 ECDC.
F. Relocation. Fees for the relocation of a building (moving
permit) shall be as set in Chapter 15.00 ECDC.
G. Miscellaneous. Fees for other permits as required by the
ECDC shall be as set in Chapter 15.00 of the ECDC.
200573 -9-
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C. Vesting Limitation. The rights vested by ECDC 19.00.110
and 19.00.120 refer only to zoning and building code rights
protected by RCW 19.27.095. 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; or
3. Environmental and shorelines review and mitigation
procedures.
D. Repealed by Ord. 3092.
19.00.130 Evidence of adequate potable water supply
required.
Prior to the issuance of any building permit, the building code
official shall require written 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 written notification of 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.
Chapter 19.05
BUILDING PERNUTS - EARTH SUBSIDENCE AND
LANDSLIDE HAZARD AREAS
Sections:
19.05.000
Preamble - Statement of purpose.
19.05.005
Uniform building code amended.
19.05.010
Application of chapter.
19.05.020
Definitions.
200573 -14-
19.05.030
Required application submissions.
19.05.040
Disclosures, declarations, covenants and waivers.
19.05.050
Bonds and public liability insurance.
19.05.060
Review to determine compliance with engineering
practice.
19.05.070
Issuance of permits.
19.05.080
Conditions - Denial.
19.05.090
Construction or use of access roads.
19.05.100
Construction monitoring.
19.05.000 Preamble - Statement of purpose.
This chapter has been enacted in order to provide both substantive
and procedural provisions relating to the issuance of permits within
earth subsidence and landslide hazard areas of the city. 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 the site cannot be rendered safe or
stable, 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. It is recognized, however, that there
may be sites within the city, particularly within well-known and
described earth subsidence and landslide hazard areas, where the
risk of deep - seated or large scale movement has been limited to the
extent possible by modern engineering methods by the construction
of public improvements at the expense of the area property
owners. Within these areas the risk of earth movement has been
reasonably well defined and has been reduced to the extent
practicable by public improvements. There may be nothing within
the bounds of practicability which may be done by individual lot
owners to further reduce the risk. Further, the construction of
professionally designed residences with such risks of earth
movement in mind, employing all feasible attendant measures
(including but not limited to drainage improvements, specially
designed foundations, retaining walls, removal of over burden 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) will further reduce the risk of
earth movement.
The Uniform Building Code as promulgated by the state of
Washington and required to be adopted by the city does not specify
200573 -15-
a standard regarding lot stability. Since the city's request for an
interpretation of the Uniform Building Code by the State Building
Code Council to designate an acceptable level of lot stability has
been 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 Uniform Building Code, but
rather to define its requirements for city implementation.
These provisions have been adopted in order to establish a policy
that permits shall not be issued for any site where a risk of earth
subsidence and landslide hazard exist unless:
A. The risk can be defined with reasonable scientific certainty
and found to be within acceptable limits as determined in
accordance with this chapter;
B. Where any hazard associated with the site is scientifically
ascertained and fully disclosed through this process;
C. Notice is given of said risk through the land records of
Snohomish County to all future purchasers;
D. All risks associated with construction and habitation are
assumed by the builder and all future owners of the site; and
E. Adequate indemnification is provided by the builder and
current and future owners of the property in order that the general
public not assume or bear any portion of the costs or liability
associated with said construction.
19.05.005 Uniform Building Code amended.
The provisions of this section amend the 1997 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 Chapter 19.00 ECDC. 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:
200573 -16-
A. UBC Chapter 2 Definitions and Abbreviations is hereby
amended to include the definitions set forth in ECDC 19.05.020,
incorporated by this reference as fully as if herein set forth.
B. The substantive and procedural requirements of Chapter
19.05 ECDC 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 Chapter 19.05 ECDC,
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 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 (Chapter 19.05 ECDC); 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 upon in accordance with the provisions of
UBC section 1601.5 (Chapter 19.05 ECDC); 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 (Chapter 19.05 ECDC) and the definitions set
forth therein, incorporated by this reference as if herein set forth.
5. Repeal section 106.2 of the 1997 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 subject to stated limitations in areas of
the City subject to the provisions of Chapter 19.05:
1. One -story detached accessory buildings used as tool
and storage sheds, playhouses and similar uses; provided the floor
area of the building measured to the exterior wall or post does not
200573 -17-
exceed 120 square feet (11.5 square meters) with a maximum eave
of 30 inches;
2. Fences not over six feet (1,829 mm) high provided
a permit is not required per ECDC 17.30;
3. Oil derricks;
4. Movable cases, counters and partitions not over five
feet, nine inches (1,753 mm) high;
5. Retaining walls which are not over four feet (1,219
mm) in height measured from the bottom of the footing to the top
of the wall, unless supporting a surcharge or impounding Class I,
H or III -A liquids or not retaining an existing cut slope;
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 two to one;
7. Uncovered platforms, decks, 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);
12. Hot tubs and spas less than 5000 gallons completely
supported by the ground;
13. Grading or fill less than 50 cubic yards;
14. Sport courts less than 2000 square feet;
200573 -18-
15. Rockeries which are not over eight feet (2438 mm)
in height measured from the bottom of finished grade to the top of
the rockery, unless supporting a surcharge or impounding Class I,
II, or III-A liquids or not retaining an existing cut slope;
16. Dock repair.
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 subparagraphs 1, 3, 5, 6, 7, 11, 12, 13, 14, 15, and
16 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 editions of the Uniform Building Code (post 1994
edition) expand or add any exemption from permit requirements,
such exception(s) shall not be effective to construction within Earth
Subsidence and Landslide Hazard Area unless specifically
approved for exemption by ordinance by the Edmonds city council.
19.05.010 Application of chapter.
Notwithstanding any contrary provision of these sections or the
Uniform Building Code, all applications for permits received for
any site, any portion of which lies within an earth subsidence and
landslide hazard area, 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 ").
A. All applications for permits shall disclose on their face
whether or not they lie within an earth subsidence and landslide
hazard area. The building official may require preliminary
investigation by any applicant whose property lies within or
adjacent to a known hazard area, an environmentally sensitive
area, an area with steep slopes or unusual topography or which has
a history of earth movement in order to assist the building official
in determining whether these provisions should be applied.
B. Certain provisions of this chapter shall be limited in their
application to single- family residential structures whether built
singly or through a planned residential development (PRD). The
purpose of that limitation is not to discriminate against multi-
family structures and other forms of commercial development but
200573 -19-
to provide adequate notice of any risk associated with the structure
to the owners thereof as well as their lessees and business invitees.
Since lessees and business invitees will ordinarily not, in the
normal course of events, resort to review of the land records of
Snohomish County prior to leasing a residence or prior to making
a decision whether to shop or otherwise patronize a commercial
establishment, the property owner's ability to provide adequate
notice of the risk associated with occupancy of a structure these
regulations is impaired. Therefore, certain provisions of these
ordinances shall not be applicable to buildings other than single -
family residences.
C. 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 Uniform Building Code as amended and
interpreted by this chapter have been met.
19.05.020 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. "Building official" shall mean the building official of the
city of Edmonds.
C. "Director" shall mean the director of community services
as well as any authorized representative of the director or
consultant hired by the director.
D. "Earth subsidence and landslide hazard area" shall mean
any area of the city which, by reason of excessively steep slopes,
unsatisfactory foundation support, stability or topography has a
risk of earth subsidence and landslide hazard in excess of normal
allowances. The 1979 report of Roger Lowe Associates, as
amended by the 1985 report of Geoengineers, Inc., and the
landslide hazard maps established as a part of said reports, are
incorporated by this reference and made a part of this chapter as
fully as if herein set forth. Areas designated on said maps as
having a risk of earth subsidence or landslide hazard, areas with
slopes greater than 15 percent, areas which exhibit geologic
characteristics of earth movement, or any other area identified as
having a history of earth movement shall be presumed to have
such risk and shall be considered to be earth subsidence and
200573 -20-
landslide hazard areas. This presumption shall be rebuttable and
the decision of the director or building official that any area lies
within such earth subsidence and landslide hazard area shall be
appealable as a staff decision in accordance with provisions of
ECDC 20.105.010 (A)(3). Copies of the reports and maps shall be
maintained in the offices of the city clerk, the planning
department, and with 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. Nothing herein shall relieve
an owner of the obligation to take all reasonable and practical
measures available to reduce or eliminate the risk or hazard.
E. "Geologist" means a person who has earned a degree in
geology from an accredited college or university and has at least
five years of experience as a practicing geologist or four years of
experience and at least two years of post - graduate study, research .
or teaching. The practical experience shall include at least three
years work in applied geology and landslide evaluation in close
association with qualified practicing geologists and geotechnical/
civil engineers.
F. "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.
G. "Land surveyor" means a person who holds a Washington
State land surveyor's license.
H. "Site" means the entire areas within the boundaries, as
described in a legal description, of the property that is to be
developed.
I. "Structural engineer" means a person licensed to practice
structural engineering by the state of Washington.
J. "Stable" shall mean that the risk of damage to the proposed
development, or to adjacent properties, from soil instability shall
be minimal subject to the conditions set forth in the reports
developed under the requirements of ECDC 19.05.030; 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 of correction by on -site
200573 -21-
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 risk of probability of earth movement is
measured at 30 percent or less within a 25 year period and this
hazard, along with all measures taken to correct or reduce it are
fully disclosed 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.
19.05.030 Required application submissions.
The owner shall provide a vicinity map suitable for locating the
site, topographic map, a geotechnical report, declarations, detailed
plans and specifications, including review by the geotechnical
engineer, bonds, letters of credit, and /or public liability insurance
in accordance with the requirements stated below. The application
format shall include the statement that the accuracy of all
information is warranted by the owner in a form which relieves the
city and its staff from any liability associated with reliance on such
submittals. While an application may reference the reports of prior
public consultants to the city, all conclusions shall be those of the
applicant and his or her professionals.
A. Topographic Map. The topographic map shall be prepared
by a licensed land surveyor prior to studies and evaluations by the
geotechnical engineer and shall show:
1. North arrow and scales;
2. Existing contour lines, two -foot to five -foot intervals
as needed to show significant topographic features with city of
Edmonds' datum properly noted;
3. Property lines;
4. Existing physical features including all existing
structures;
5. Approximate distances between existing structures
on the site and existing structures on adjacent sites (all adjacent
sites which could affect or be affected by the proposed
development shall be shown);
6. Lower floor and footing evaluations of existing
structures on the property and on adjacent properties to the extent
that such information is reasonable available;
200573 -22-
7. The location of existing sanitary sewers, storm water
drainage facilities, septic tanks, drain fields, and other
sewer /drainage facility components on and adjacent to the site to
the extent such information is reasonably available;
8. 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 pipes to the extent
that such information is available; and
9. Proposed contours shall be added to the topographic
map by the architect or structural engineer.
B. Geotechnical Report. The owner shall be responsible to
submit a geotechnical report. The owner shall retain a geotechnical
engineer to prepare a report and evaluation of the subsurface soil
conditions on the site. The geotechnical report and completed site
evaluation checklist shall be prepared in accordance with generally
accepted geotechnical practices, under the supervision of and
signed and stamped by the geotechnical engineer. Where
appropriate, a geologist shall be included as a part of the
geotechnical consulting staff. The report shall discuss all items
listed in the site evaluation checklist and shall make specific
recommendations concerning development of the site. A site
evaluation 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 an earth subsidence
and landslide hazard area. If any item in the checklist is
inapplicable to a particular project, the report shall provide
sufficient information to demonstrate why the item is inapplicable.
1. The opinions and recommendations contained in the
report shall be supported by field observations and, where
appropriate or applicable, by literature review, conducted by the
geotechnical engineer who shall include appropriate explorations,
such as borings or test pits, an analysis of soil characteristics
conducted by or under the supervision of the engineer in
accordance with the standards adopted by American Society of
Testing and Materials or other applicable standards. 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 consultant to assure that the
geologist meets the qualifications listed in the definition section.
200573 -23-
2. Reports shall address comments received from the
public in general and governmental agencies concerning the
geotechnical and other aspects of the proposed development as
developed through the SEPA checklist and review process. The
director may require such supplements or amendments to the
reports as are needed to develop a reasonably comprehensive
understanding of the soil conditions on the site.
C. Notice of application for the permit shall be conspicuously
posted and maintained on the site at each street frontage at the
applicant's expense and direction. All application files shall be
public records open to inspection provided that unique architectural
designs shall be considered the work product of the applicant and
shall not be copied without the specific ordered direction of a court
of competent jurisdiction. Notice of permit issuance shall be
conspicuously posted as above required and upon posting a 10 -day
appeal period shall commence. Such appeals shall be to the
Snohomish County Superior Court by writ of mandamus, and no
other appeal shall be permitted.
19.05.040 Disclosures, declarations, covenants and waivers.
The owner shall submit a complete set of plans and specifications
for the proposed development. It shall be the responsibility of the
owner to submit, consistent with the findings of the geotechnical
report, structural plans which were prepared and stamped by the
structural engineer. The plans and specifications shall be
accompanied by a letter from the geotechnical engineer who
prepared the geotechnical report stating that in his /her judgment,
the plans and specifications 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
minimal subject to the conditions set forth in the report; and the
proposed development will not increase the potential for soil
movement. When the proposed evaluation of site stability is for a
single - family residence, the statement shall include as a condition
an evaluation setting forth the statistical probability of earth
movement within a 25 year period, the susceptibility of the risk or
hazard to correction by on -site improvements and the measures
taken to mitigate the risk or hazard.
A. 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
200573 -24-
engineer who prepared the geotechnical report, the new engineer
shall, in a letter to the director accompanying the plans and
specifications, express his or her agreement or disagreement with
the recommendations in the geotechnical report and state that the
plans and specifications conform to the new recommendations.
B. The architect or structural engineer shall submit to the
building official with the plans and specifications, a letter or
notation on the design drawings at the time of permit application
stating that he or she has reviewed the geotechnical reports,
understands its recommendations, has explained or has had
explained to the owner the risk of loss due to slides on the site,
and 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 earth movement
predicted in the report.
C. The applicant and the owner of the site, if the owner is not
the applicant, shall submit a letter to the building official with the
plans and specifications, stating that he or she understands and
accepts the risk of developing in an area with potential unstable
soils and that he or she 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.
D. The owner shall execute a covenant, in a form provided by
the director, and shall provide the building official with the
necessary fee to complete filing of the completed covenant 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: (a) explaining that. the site is in a
potential slide area; (b) that the risk associated with the
development of the site is set forth in file # with the city
of Edmonds building department; (c) that conditions or
prohibitions on development may have been imposed by the city
in the course of permit issuance; and (d) referencing of 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 in the
200573 -25-
form proposed by the owner's geotechnical engineer, geologist,
architect and /or structural engineer as approved after the review
set forth in ECDC 19.05.060;
3. A statement waiving and promising to indemnify and
hold harmless the city of Edmonds, its officers and employees
from any claims the owner 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;
4. Requirements for continuous insurance as required
by the permit authorizing the development (if any); and
5. The date of issuances and number of permits
authorizing the development.
19.05.050 Bonds and public liability insurance.
A. Bonds.
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
applicant 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 condition. The bond will be exonerated
upon occupancy approval or upon final approval of the building
permit by the building official.
2. In lieu of the surety bond, the owner may elect to
file a cash deposit or an instrument of credit with the director in
an amount equal to that which would be required in the surety
bond, and similarly conditioned.
B. Insurance. The owner's contractor shall carry general
public liability insurance effective through final occupancy
approval, for the amount which the director determines to be
appropriate 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.
1. The owner's contractor shall carry general public
liability insurance effective through final occupancy approval, for
200573 -26-
the amount which the director determines to be appropriate 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.
2. The owner shall also maintain effective upon final
approval of the building permit a policy of general public liability
insurance, naming the city as an additional named insured, against
personal injury, death, property damage and /or loss arising from
or out of the city's involvement in the permitting process for the
project in an amount which the director determines appropriate
given the potential for loss in the event of site failure for a period
of not more than 10 years from the date of final approval of the
project. If such insurance is practically unavailable, the applicant
may request review of alternative methods of assurance under
paragraph B(3) of this section. The policy itself may be annually
renewed but coverage must be continuously maintained throughout
the period. The amount shall be determined by review of the
potential loss to both public and private property which could be
attributable to the development. A certificate evidencing such
insurance shall be filed with the building official before final
approval of the permit. Any insurance policy required by this rule
shall provide that the city will be notified of cancellation of the
policy 30 days prior to cancellation. Said notice shall be sent to
the building official of the city of Edmonds and shall specify the
insured's name and property address. If a property owner's
insurance is cancelled and not replaced, the certificate of
occupancy, if any, may be revoked and the building official is
further authorized where appropriate to require vacation of the
structure in accordance with the provisions of section 104.2 of the
Uniform Building Code until such time as the insurance has been
reinstated.
3. If the applicant is unable to provide adequate
insurance coverage under paragraph B(2) of this section, and
significant public or private improvements are put at risk by the
development, the director may require for a period of not more
than 10 years from the date of final approval of the project
insurance, bonding, a frozen fund account, a letter of credit or
other proof of financial responsibility indicating the applicant's
capacity to fulfill its indemnification agreement with the city and
to fulfill the applicant's legal responsibility to neighboring
properties.
200573 -27-
19.05.060 Review to determine compliance with engineering
practice.
The city shall require review of the submittals accompanying the
application by an engineer, geotechnical engineer, geologist,
architect, and /or structural engineer as may be necessary and
determined by the city in order to determine whether the submittals
were prepared in accordance with generally accepted engineering
practice or the practice of the particular specialty. This
requirement may be waived at the discretion of the director. The
building official shall not be required to inquire further into the
adequacy of any report, but rather may rely upon the submittals as
warranted by the owner and reviewed by the city's consultant.
Nothing herein shall relieve the owner of the obligation to submit
a completed application fulfilling all the requirements of this
chapter in the Uniform Building Code. The full cost of such
review or reviews shall be paid by the applicant as a plan check
fee in the manner provided by the Uniform Building Code and
ECDC Title 15; provided, however, that this plan check fee shall
be in addition to the fee established by ECDC 15.00.020(C)(1).
19.05.070 Issuance of permits.
The following requirements must be satisfied before a permit will
be issued:
A. An approved geotechnical report has been submitted.
B. Plans and specifications are submitted incorporating the
recommendations of the geotechnical report.
C. The required declarations, disclosures, and covenants and
waivers have been submitted.
D. Required bonds, insurance or other financial arrangements
required have been secured.
E. When review has been required, all submittals have been
determined to have been prepared in accordance with generally
accepted engineering practice.
19.05.080 Conditions - Denial.
As a part of the approval process, the building official may impose
conditions that address site work problems; such measures could
include but are not limited to limiting all excavation and drainage
200573 -28-
installation to the dryer season between May and the end of
September, or sequencing activities such as the installation of
drainage systems well in advance of construction. A permit will be
denied if it is determined by the director that the development will
increase the potential of soil movement, result in an unacceptable
risk of damage to adjacent properties or an unreasonable risk of
damage to the proposed development. An unreasonable risk of
damage to the proposed development of a single - family structure
shall be presumed if a risk of substantial loss with a probability of
greater than 30 percent in a 25 year period exists. Denials shall be
in writing and shall state in detail the basis for denial.
19.05.090 Construction or use of access roads.
The applicant or contractor must secure the building official's
approval before going on to a site with excavating or other grading
and clearing equipment to grade for any purpose including the
creation of access to the site.
19.05.100 Construction monitoring.
The owner shall retain a geotechnical engineer to monitor the site
during construction. The owner shall preferably retain the
geotechnical engineer who prepared the final geotechnical
recommendations and who has reviewed the plans and
specifications. If a different consultant is retained by the owner,
the new geotechnical engineer shall submit a letter to the director
stating whether or not he /she agrees with the opinions and
recommendations of the original geotechnical engineer. Further
recommendations, signed and sealed by the geotechnical engineer,
and supporting data shall be provided should there be exceptions
to the original recommendations. The geotechnical engineer shall
monitor during construction compliance with the recommendations
in the geotechnical report, including site excavation, shoring, soil
support for foundation including piles, subdrainage installation,
soil compaction and other geotechnical aspects of the construction.
Unless otherwise approved by the director, the specific
recommendations contained in the soils report must be
implemented by the owner. The geotechnical engineer shall make
written, dated monitoring reports on the progress of the
construction to the building official at such timely intervals as shall
be specified by the building official. Omissions or deviations from
the approved plans and monitoring report shall contain a statement
from the geotechnical engineer that, based upon his or her
professional opinion, site observations and testing during the
monitoring of the construction, the completed development
200573 -29-
substantially complies with the recommendations of the
geotechnical report and with all geotechnical- related permit
requirements. Occupancy of the project shall not be approved until
the report has been reviewed and accepted by the building official.
Chapter 19.10
HOUSING CODE
Sections:
19.10.000 Housing code adopted.
19.10.010 Continuing violation.
19.10.020 Penalties.
19.10.030 Board of Appeal.
19.10.000 Housing code adopted.
The Uniform Housing Code, 1997 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.
19.10.010 Continuing violation.
Maintenance of equipment which was unlawful at the time it was
installed and which would be unlawful under this code if installed
after the effective date of this code, shall constitute a continuing
violation of this code and the preceding code under which it was
initially unlawful.
19.10.020 Penalties.
Any person, firm, corporation or other organization violating any
of the provisions of this code shall be deemed guilty of a
misdemeanor and upon conviction thereof be punished as set forth
in ECC 5.50.020 and ECDC 20.110.
19.10.030 Board of appeal.
Board of Appeal. The City's Hearing Examiner shall act as a
board of appeals in making a determination of any appeal arising
from actions of, or interpretations by, the building official in
accordance with ECDC 19.00.060.
200573 -30-
Chapter 19.15
ELECTRICAL CODE
Sections:
19.15.000
When code effective.
19.15.010
National electrical code adopted.
19.15.020
State regulations and rules adopted.
19.15.050
Nonliability.
19.15.060
Conflicts - how resolved.
19.15.000
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 shall be applicable
to all electrical installation in the city as if the state of Washington
had not exercised jurisdiction of any kind except those provisions
specifically adopted by the Edmonds electrical code.
19.15.010 National Electrical Code adopted.
The National Electrical Code, 1996 Edition, as published by the
National Fire Protection Association, is hereby adopted as the
Electrical Code for the City of Edmonds subject to the
amendments made herein.
19.15.020 State regulations and rules adopted.
The State of Washington Department of Labor and Industries,
Electrical Inspection Section, Rules and Regulations for Installing
Electric Wiring and Equipment and Administrative Rules, 1996
Edition, is hereby adopted as part of the electrical code of the city
of Edmonds.
19.15.050 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
any other code adopted by Title 19 or the certificate of inspection
issued by the building department.
200573 -31-
19.15.060 Conflicts - How resolved.
If there is any conflict between the electrical code of the city, the
Uniform National Electrical Code and /or the rules and regulations
as set forth by the state of Washington for electric wires and
equipment, then the condition, requirement, provision or term
which provides, in the opinion of the building department, for the
greatest safety shall be observed and shall control.
Chapter 19.20
DANGEROUS BUELDINGS
Sections:
19.20.000 Dangerous building code adopted.
19.20.010 Structures contaminated by toxic substances.
19.20.000 Dangerous building code adopted.
The Uniform Code for the Abatement of Dangerous Buildings,
1997 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.
19.20.010 Structures contaminated by toxic substances.
The Dangerous Building Code, Section 302 Dangerous Building,
is hereby amended by the addition of a new subsection 19 to read
as follows:
19. Whenever a building or portion thereof is
determined to be contaminated with toxic chemicals. A rebuttable
presumption is hereby created that a building is contaminated with
toxic chemicals if such a determination is made by the Snohomish
County Health District, by the Washington State Department of
Ecology, or by the U.S. Environmental Protection Agency, in
accordance with such criteria and standards as such public agencies
shall establish.
200573 -32-
Chapter 19.25
MECHANICAL CODE
Sections:
19.25.000 Adoption of the Uniform Mechanical Code.
19.25.010 Penalties and continuing violation.
19.25.020 Board of Appeal.
19.25.000 Adoption of the Uniform Mechanical Code.
The 1997 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 -42
WAC, are adopted by reference as if fully set forth, as the
Mechanical Code of the City of Edmonds.
19.25.010 Penalties and continuing violation.
Section 115.5 of the Uniform Mechanical Code as herein adopted
by reference is hereby amended and set forth as follows:
Section 115.5 Penalties
Any person, firm, corporation or other organization violating any
of the provisions of this code shall be deemed guilty of a
misdemeanor and upon conviction thereof be punished as set forth
in ECC 5.50.020 and /or ECDC 20.110. Each and every day a
violation occurs, is maintained or is permitted to exist shall be
considered a separate violation punishable thereunder.
Section 104.4 Maintenance
Maintenance of equipment which was unlawful at the time it was
installed and which would be unlawful under this code if installed
after the effective date of this code, shall constitute a continuing
violation of this code.
19.25.020 Board of appeal.
Section 110 of the Uniform Mechanical Code, adopted by this
chapter, is amended as follows:
Board of Appeal. The Hearing Examiner created and established
in ECDC 19.00.060 and ECDC 20.100 shall act as a board of
200573 -33-
appeals in making a determination of any appeal arising from
actions of, or interpretations by, the building official.
Chapter 19.30
PLUMBING CODE
Sections:
19.30.000
Adoption of Uniform Plumbing Code.
19.30.010
Board of appeal.
19.30.015
Penalties and continuing violation.
19.30.020
Pressure regulators.
* 19.30.030
Expansion Tanks.
19.30.000 Adoption of Uniform Plumbing Code.
The Uniform Plumbing Code, 1997 Edition (including Appendices
A, B, C, D) E and H, but excluding Appendix I), published by the
International Association of Plumbing and Mechanical Officials,
together with the state amendments set forth in Chapter 51 -46
WAC, are adopted by reference as if fully set forth as the
Plumbing Code for the City of Edmonds, subject to Chapter 12 of
said code relating to fuel gas piping being superseded by the
Uniform Mechanical Code as described in ECDC 19.25.00, and
the amendments contained herein. The 1997 edition of the Uniform
Plumbing Code Standards is also adopted by reference as if fully
set forth, pursuant to Chapter 51 -47 WAC.
19.30.010 Board of appeal.
Board of Appeals. The board of appeals created and established in
ECDC 19.00.060 and 20.100 shall act as a board of appeals in
making a determination of any appeal arising from actions of, or
interpretations by, the administrative authority.
19.30.015 Penalties and continuing violation
Any person, firm, corporation or other organization violating any
of the provisions of this code shall be deemed guilty of a
misdemeanor and upon conviction thereof be punished as set forth
in ECC 5.50.020 and/or ECDC 20.110. Each and every day a
violation occurs, is maintained or is permitted to exist shall be
considered a separate violation punishable thereunder.
*A scrivener's error was confirmed with the City Attorney, and the heading
19.30.030, Expansion Tanks, was deleted in codification.
200573 -34-
19.30.020 Pressure regulators.
A. Residential. An approved type of pressure regulator
preceded by an adequate strainer shall be installed on all residential
occupancies, adjacent to the water shutoff on the interior of any
such occupancy which shall reduce the pressure to 80 psi or less.
For potable water services up to and including one and one -half
inch regulators, provision shall be made to prevent pressure on the
building site of the regulator from exceeding main supply pressure.
Approved regulators with integral bypasses are acceptable. The
strainer shall be readily accessible for cleaning without removing
the regulator or strainer body or disconnecting the supply piping.
All pipe size determinations shall be based on 80 percent of the
reduced pressure.
B. Other. Section 1007(c) of the Uniform Plumbing Code as
previously adopted is amended as °follows:
C. Any water system provided with a pressure
regulating device or check valve at its source or
other water system containing water heating devices
shall require installation of approved, listed and
adequately sized pressure and relief valve. Each
water heating device shall have an approved, listed
and adequate sized pressure relief valve mounted on
the device.
C. In addition to the required pressure relief valve, an
approved, listed expansion tank designed for intermittent operation
for thermal expansion control shall be installed on all new or
replaced hot water tank installations.
Chapter 19.35
MOVING BUILDINGS
Sections:
19.35.000
Permit required.
19.35.010
Application review.
19.35.020
Inspection.
19.35.030
Correction of defects.
19.35.040
Plans required.
19.35.050
Bonds.
200573 -35-
19.35.000 Permit required.
Any person who proposes to move an existing building from a site
anywhere to a site within the city of Edmonds shall, before the
move, apply for and obtain a permit from the building official.
19.35.010 Application review.
A. Contents. In order to obtain permits to move any building
through, along, across the streets or any public place, the
application shall state the street number and legal description of the
site where the building is located and of the site to which the
building is to be moved and the exact route to be followed in
moving the building, the method of moving the building and the
time to start and finish the move.
B. Review. The application shall be reviewed by the building
official, public works director, police chief and any other affected
city department.
19.35.020 Inspection.
A. Place and Fee. Upon application, and upon payment of the
fee, the building official shall notify the applicant of the date and
time of his inspection. The inspection shall be made at the original
location of the building before it is moved from the site. The
inspection fee shall be as established pursuant to Chapter 15.00
ECDC.
B. Walls and Ceilings. 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.
C. Required Building Upgrades. The building official shall
determine by written policy and site inspection what structural,
energy or life- safety upgrades shall be imposed on any building
moved into or within City limits.
19.35.030 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
200573 -36-
a replacement of any parts or materials used, then any defective
parts or materials shall be removed from the building before it is
moved.
19.35.040 Plans required.
No approval shall be given to any application until the applicant
has filed with the building official complete plans and
specifications of the building in duplicate as it is proposed to be
when completed and in place upon its site within the city.
19.35.050 Bonds.
A. Compliance. Before moving the building there shall be
posted with the city a performance bond, or cash deposit, pursuant
to Chapter 17.10 ECDC, in the amount determined by the building
official guaranteeing the completion of all improvements
necessary in the building to satisfy all code requirements of the
city not later than six months after the building is moved to the
new site. This performance bond, or cash deposit, shall not be
released until the vacated site meets the requirements for sites of
demolished buildings, as stated in ECDC 19.00.050.
B. City Streets. The holder of a permit to move a building
along or across any public place shall bear any and all expenses
caused by the moving. If the proposed moving will unduly
interfere with the rights of the public, or other persons in such
public place, the permit may be denied.
Chapter 19.45
SIGN BUILDING CODE
Sections:
19.45.000
Adoption of Uniform Sign Code.
19.45.010
Fees.
19.45.020
Projection.
19.45.030
Bench signs.
19.45.040
Board of Appeal.
19.45.050
Penalties and continuing violations.
19.45.000 Adoption of Uniform Sign Code.
The Uniform Sign Code, 1997 Edition, as published by the
International Conference of Building Officials, is hereby adopted
200573 -37-
by reference as if fully set forth, as the Uniform Sign Code for the
City of Edmonds, subject to the amendments contained herein.
19.45.010 Fees.
Section 304 of the Uniform Sign Code is amended as follows:
Section 304(a) Sign permit fees shall be as set in Chapter 15.00
ECDC.
(b) Plan Checking Fee. In addition to the permit fee set forth
above a plan checking fee shall be paid, where the services of a
structural engineer are required by the building official and shall
be based on a cost basis for services rendered by the structural
engineer.
19.45.020 Projection.
Table 4 -A, 4 -B, 4 -C, of the Uniform Sign Code, Projection of
Signs, shall not be applicable.
19.45.030 Bench signs.
A. Prohibited. 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. Abatement. Any bench signs shall be removed within 60
days of the effective date of Ordinance No. 1388 adopted in 1968.
19.45.040 Board of Appeal.
Board of Appeal. The Hearing Examiner under the procedures
established in ECDC 19.00.060 and Chapters 20.100 and 20.105
ECDC shall act as a board of appeals in making a determination
of any appeal arising from actions of, or interpretations by, the
administrative authority.
19.45.050 Penalties and continuing violations.
Any person, firm, corporation or other organization violating any
of the provisions of this code shall be deemed guilty of a
misdemeanor and upon conviction thereof be punished as set forth
in ECC 5.50.020 and /or ECDC 19.00.080B and/or 20.110. Each
and every day a violation occurs, is maintained or is permitted to
200573 -38-
exist shall be considered , a separate violation punishable
thereunder.
Chapter 19.55
SWE%E%IING POOLS
Sections:
19.55.000 Uniform Swimming Pool, Spa and Hot Tub Code
adopted.
19.55.010 Definitions.
19.55.020 Location and setbacks.
19.55.030
Fence and gate.
19.55.040
Nuisances.
19.55.050
Responsibility of pool owner.
19.55.060
Violations, penalties and expirations.
19.55.070
. Exemptions.
19.55.000 Uniform Swimming Pool, Spa and Hot Tub Code
adopted.
The Uniform Swimming Pool, Spa and Hot Tub Code, 1997
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.
19.55.010 Definitions.
A. Administrative Authority. Whenever the term
"administrative authority" is used in the code it shall mean the
building official.
B. Building Department Having Jurisdiction. Unless otherwise
provided for by law, the office of the administrative authority shall
be the building department.
200573 -39-
19.55.020 Location and setbacks.
Swimming pools may be located in any use zone in the city of
Edmonds. Minimum setback from property lines to the inside face
of the pool shall be that required by the zoning ordinance for
accessory structures. All other accessory pool buildings and
equipment shall meet the normally required setbacks for accessory
structures in the zone in which they are located.
19.55.030 Fence and gate.
The pool area shall be completely surrounded by a substantial
fence at least six feet high. No openings shall be greater than two
inches, and a self - closing self - latching gate must be provided, with
an inside lock inaccessible to children age five years or younger.
The gate shall be securely locked when the pool is unattended.
Any pool not presently fenced as required by this section must be
fenced within 60 days of the effective date of Ordinance No. 998
adopted in 1963.
19.55.050 Responsibility of pool owner.
The pool shall be maintained in a clean and sanitary condition, and
all equipment maintained in a satisfactory operating condition when
the pool is in use.
19.55.060 Violations, penalties and expirations.
Section 106.0 of the Uniform Swimming Pool Code, as heretofore
adopted, is hereby amended to read as follows:
A. Any person, partnership, firm, corporation or other
organization or entity violating any provision of this code shall be
deemed guilty of a misdemeanor and upon conviction shall be
punishable by a fine and/or imprisonment, or by both such fine
and imprisonment, as set forth in ECC 5.50.020 and /or ECDC
20.110.
B. The issuance or granting of a permit or approval of plans
and specifications shall not be deemed or construed to be a permit
for, or an approval of, any violation of any of the provisions of
this code or other ordinance or law. No permit presuming to give
authority to violate or cancel the provisions of this code or other
ordinance or law shall be valid, except insofar as the work or use
which it authorizes is lawful.
200573 -40-
C. The issuance or granting of a permit or approval of plans
shall not prevent the building official from thereafter requiring the
correction of errors in said plans and specifications or from
preventing construction operations being carried on thereunder
when in violation of this code or of any other ordinance or from
revoking any certificate of approval when issued in error.
D. Every permit issued by the building official under the
provisions of this code shall expire by limitation and become null
and void, if the work authorized by such permit is not commenced
within 180 days from the date of issuance of such permit, or if the
work authorized by such permit is suspended or abandoned at any
time after the work is commenced for a period of 180 days. Before
such work can be recommenced a new permit shall be first
obtained, and the fee shall be one -half the amount required for a
new permit for such work; provided no changes have been made,
or will be made, in the original plans and specifications for such
work; and provided, further, that such suspension or abandonment
has not exceeded one year.
19.55.070 Exemptions.
Section 108.0 of the Uniform Swimming Pool Code is amended to
read as follows:
Except as provided in Chapter 19.05 ECDC no permit shall be
required for:
1. Hot tubs or spas associated with single - family
residences, which are of less than 5,000 gallons capacity and
completely supported by the ground.
2. Repair work, such as the stopping of leaks in drains,
soil, waste or vent pipe; provided, however, that should any trap,
drainpipe, soil waste or vent pipe be or become defective and it
becomes necessary to remove and replace the same with new
material in any part or parts, the same shall be considered as such
new work and a permit shall be procured and inspection made as
hereinbefore provided. No permit shall be required for the clearing
of stoppages or the repairing of leaks in pipes, valves or fixtures,
when such repairs do not involve or require the replacement or
rearrangement of valves, pipes or fixtures.
3. Prefabricated swimming pools accessory to a single
family zoned property in which the pool walls are entirely above
200573 -41-
the adjacent grade and the pool capacity does not exceed 5,000
gallons (18,927 L).
Chapter 19.65
MARINAS
Sections:
19.65.000
Application.
19.65.010
Residential use.
19.65.020
Building code - Compliance required.
19.65.030
Design live loads.
19.65.040
Materials.
19.65.050
Area and location requirements.
19.65.060
FIre requirements.
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.
19.65.010 Residential use.
There shall be no habitable space or use of any space for living
purposes on any portion of a floating boat moorage constructed
under the provisions of this chapter, preceding Ordinance No.
1403, adopted in 1968, or whether constructed prior to the
adoption thereof. This chapter shall apply only to floating
construction located over water and connected by ramp to the
shore.
19.65.020 Building code - Compliance required.
All construction on or in connection with a marina shall comply
with all the provisions of Chapter 19.00 ECDC, including permits,
permit fees and penalties and all other applicable ordinances of the
city and other applicable law.
19.65.030 Design live loads.
A. Decks. Float decks shall have a design live load of at least
40 pounds per square foot.
200573 -42-
B. Roofs. The roof structures shall have a design live load of
at least 25 pounds per square foot.
C. Ramps. The ramps to floats shall have a design live load of
at least 40 pounds per square foot.
19.65.040 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..
19.65.050 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.
19.65.060 lire requirements.
A. Hydrants. The maximum distance from any point on a float
system to an approved fire hydrant shall be 600 feet, except for
fuel floats. Approved fire extinguishers shall be placed at covered
moorage along the main float system at intervals not exceeding 120
feet from any single covered boat stall.
200573 -43-
B. Fuel Floats.
1. 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.
2. All fuel storage tanks shall be located underground.
3. All fuel lines shall be provided with flexible
connections from shore to floating facilities.
4. Fire extinguishers approved by the Edmonds fire
department shall be provided near fuel dispensers as approved by
the Edmonds fire department.
5. Gangplank access from shore to fuel floats shall be
within 175 feet of fuel dispensers.
6. Fresh water taps shall be available on fuel floats.
7. All portions of a fuel float shall be located within
300 feet of a fire hydrant.
8. 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 or his agent or employee. 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.
Chapter 19.75
FIRE CODE
Sections:
19.75.000
Adoption of Life Safety Codes.
19.75.015
Repealed.
19.75.020
Bureau of fire prevention.
19.75.030
Definitions.
19.75.050
Penalties.
19.75.060
Permits.
19.75.070
Fire extinguishers and systems.
19.75.075
Automatic sprinkler systems.
200573 -44-
19.75.080
Modifications.
19.75.090
Tanks abandoned in place.
19.75.100
Water mains and fire hydrants.
19.75.110
Building permits and subdivisions.
19.75.120
Costs.
19.75.140
Location of hydrants (public).
19.75.150
Location of hydrants (private).
19.75.160
Mains and service lines.
19.75.165
Hydrant specifications.
19.75.175
Repealed.
19.75.180
Smoke detectors in Group LC occupancies.
19.75.185
FIre apparatus access roads.
19.75.000 Adoption of Life Safety Codes.
A. Uniform Fire Code Adopted.
1. The 1997 edition of the Uniform Fire Code and
Appendices I -C, II -F, II-J, III -A, III -B, III-C, III -D, V -A, VI -A,
VI -B, VI -D, VI -F and VI -G published by the International Fire
Code Institute e, together with the state amendments set forth in
Chapter 51 -44 WAC, are adopted by reference as if fully set forth
as the Fire Code of the City of Edmonds.
2. The 1997 edition of the Uniform Fire Code
Standards as published by the International Fire Code" Institute,
together with the state amendments set forth in Chapter 51 -45
WAC, are also adopted by reference as if fully set forth herein.
3. Uniform Fire Code, 1997 edition, Sections
901.2.2.1, 901.4.2 and 902 as amended by WAC 54 -44 -0900
relating to Fire Apparatus Access, Fire Apparatus Access Roads
and Fire Department Access are adopted by reference as if fully
set forth herein.
4. Uniform Fire Code, 1997 edition, Section 7802.1
and 7802.2 through 7802.4.9 -10 as modified by Chapter 51 -44 are
adopted by reference as fully as if herein set forth.
B. Life Safety Code Adopted. The "Life Safety Code," 1994
edition, National Fire Protection. Association, publication no. 101,
is adopted and by this reference incorporated herein as if set forth
in full as the Life Safety Code of the City of Edmonds. In the
event of any conflict between the provisions of the Uniform
Building Code as adopted by this title and a provisional Life Safety
Code, the Uniform Building Code shall prevail.
200573 -45-
19.75.015 Standpipes.
Repealed by Ord. 3035.
19.75.020 Bureau of fire prevention.
A. Establishment. There is. established in the city fire
department a bureau of fire prevention, to be supervised by the
fire chief.
B. Enforcement of Code. The Uniform Fire Code shall be
enforced by the bureau of fire prevention.
C. Fire Marshal. The fire marshal, who shall be in charge of
the bureau of fire prevention, shall be appointed by the mayor on
the basis of applicable civil service rules and regulations for the
city.
D. Inspectors. The fire chief may detail members of the fire
department as inspectors as needed. The fire chief may
recommend to the mayor the employment of technical inspectors.
If approved, technical inspectors shall be selected through the civil
service commission.
E. Annual Report. An annual report shall be provided to the
mayor. It shall contain all proceedings under this code, with other
statistics as the fire chief of the city fire department may wish to
include. The fire chief may recommend any changes to the code.
19.75.030 Definitions.
Whenever the term legal officer is used in the Uniform Fire Code,
it shall mean the city attorney.
Whenever the word "municipality" or the word "jurisdiction" is
used in the Uniform Fire Code, it shall mean the city of Edmonds.
19.75.050 Penalties.
Any person who violates any of the provisions of the Uniform Fire
Code 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, or any
certificate or permit issued thereunder, and from which no appeal
200573 -46-
has been taken, or who fails to comply with such an order as
affirmed or modified by the city's hearing examiner or by a court
of competent jurisdiction, which 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. 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 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.
19.75.060 Permits.
Whenever the Uniform Fire Code requires a permit, the
application for the permit must be accompanied by an application
fee as set in Article 105. All permits must be renewed annually
unless a 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.
19.75.070 Fire extinguishers and systems.
A. Requirements. A permit or a current license /certification
by an approved testing authority shall be required for the servicing
of fire extinguishers and fire extinguishing systems.
B. Permits and Permit Fees. Applicants for a permit to
service fire extinguishers and fire extinguishing systems shall be
required to take and pass an examination to be established by the
fire marshal. A permit fee of $40 shall be provided by applicant
prior to the examination. If the permit is not issued, because the
examination is not held or the applicant fails to complete the
examination, a refund of the permit fee will be made to the
applicant.
C. Issuance and Revocation. Permits shall be issued by the fire
marshal. The permit may be revoked at any time the permittee
fails to comply with city, state or federal regulations. The permit
is not transferable and shall be void if the permit holder changes
business address or employers.
200573 -47-
D. Term. The permit shall expire after five years. The
permittee shall then obtain a new permit if he wishes to continue
servicing fire extinguishers or fire extinguishing systems.
E. Approved License /Certification. The fire marshal may
waive permit requirements for applicant when provided with proof
of current license or current certification by an approved testing
authority. The fire marshal may, as often as necessary, inquire
with licensing authority regarding licensing and certification testing
methods, requirements and dates of effectiveness, prior to approval
for work performed.
F. Fire - extinguishing System Certificate of Inspection. A
certificate of inspection for every operation, maintenance and
repair service shall be forwarded to the fire marshal upon
completion of service. One copy of that record shall be
maintained on the premises.
G. Appeals. Appeals regarding the administration of the fire
extinguisher and fire- extinguishing system permit and license
approval process may file their appeal with the city's hearing
examiner.
19.75.075 Automatic sprinkler systems.
An automatic sprinkler system shall be installed throughout every
group R occupancy three or more stories in height or containing
five or more dwelling units and /or guest rooms. Residential or
quick response standard sprinkler heads shall be used in
accordance with their approved listing in the dwelling unit and
guest room portions of the building.
19.75.080 Modifications.
A. Application. The fire marshal may modify any of the
provisions of the Uniform Fire Code or this chapter on written
application by the owner or lessee when there are practical
difficulties in carrying out the strict letter of the code. Approved
modifications shall observe the spirit of the code, secure the public
safety and do substantial justice. The particulars of an approved
modification shall be written by the fire marshal and kept in the
records of the department. A signed copy shall be promptly given
to the applicant.
B. Appeals. Whenever the fire marshal disapproves an
application or refuses to grant a permit applied for, or when it is
200573 -48-
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 city's Hearing Examiner within 15 days
from the date of the decision appealed. The Hearing Examiner's
decision shall be based on the criteria in subsection A of this
section. The Hearing Examiner shall have 30 days from the date
of filing the appeal to review the decision and make its decision.
Unless the decision is revoked or modified, it shall remain in full
force and effect until its expiration date, if any. Such appeals shall
be governed by the procedures set forth in Chapters 20.100 and
20.105a ECDC.
19.75.090 Tanks abandoned in place.
Tanks abandoned in place shall be abandoned as follows:
A. Flammable and combustible liquid shall be removed from
the tank and connected piping;
B. The suction, inlet, gauge, vapor return and vapor line shall
be disconnected;
C. The tank shall be filled completely with an inert solid
material approved by the fire chief. Exception: Residential heating
oil tanks of 1,100 gallons (4,164 liters) or less; provided,
however, that the fill line is permanently capped or plugged, below
grade, in such a manner as to prevent refilling of the tank;
D. Remaining underground piping shall be capped or plugged;
and
E. A record of the tank size, location, and date of
abandonment shall be retained by the property owner and by the
City.
19.75.100 Water mains and fire hydrants.
All water mains and fire hydrant installations shall meet the
provisions of this chapter as well as all other applicable plans,
standards and ordinances adopted by the city of Edmonds.
19.75.110 Building permits and subdivisions.
Fire hydrants, water mains and appurtenances shall be installed as
required by this chapter as a condition of approval of subdivisions
200573 -49-
ko
and building permits unless conditions of undue hardship warrant
a waiver by the fire chief and director of public works of this
provision.
19.75.120 Costs.
A. Replacement. Water main replacement to city standards,
plans and specifications will be accomplished by the city with the
property owner paying costs equivalent to the cost of installing a
six-inch ductile iron water main and subject to the following
conditions:
1. The city will pay for all fire hydrants, system water
mains required for looping, and for the cost differential between
the cost of a six-inch ductile iron line and the cost for all lines
above six inches.
2. The property owners will pay their share by an
increase in the monthly water service charge as shall be
determined by the city council.
3. Any property owner seeking to connect to the water
system subsequent to a replacement shall, as a condition to the
approval of the connection, pay a sum equal to. the actual cost of
each connection, plus a reasonable connection charge as the city
council shall determine so that the property owner shall bear an
equitable share of the total cost.
B. New Installation. The installation of water mains to
properties not previously served shall be at the benefited property
owner's or developer's expense.
C. Larger Mains. Oversized water mains required for special
use demands shall be installed at the developer's or property
owner's expense.
D. Latecomers. If the water mains installed pursuant to
subsections B and C 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.
19.75.140 Location of hydrants (public).
A. Definition. Public hydrants are those owned by the city.
200573 -50-
B. Intersections and Spacing. All public fire hydrants shall be
installed at street intersections where possible. Public hydrants
spacing shall be measured along vehicle access routes.
C. Single - Family Residential Areas. In areas zoned for single -
family residential use, public hydrants shall be spaced no more
than 600 feet apart. If dead -end streets, or driveways, singly or in
combination, are over 300 feet long, additional public hydrants
shall be installed so that the public hydrant spacing is not over 600
feet.
D. Other Areas. In areas other than single- family residential,
public fire hydrants shall be spaced an average of 300 feet apart.
If dead -end streets or driveways, singly or in combination are over
150 feet long, additional public hydrants shall be installed so that
the public hydrant spacing is not over 300 feet.
19.75.150 Location of hydrants (private).
A. Definition. A private hydrant is privately owned, but is
subject to the use of the city for inspection and testing at
reasonable times, and for fire suppression at any time.
B. When Required. All buildings except single - 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.
C. Minimum Requirements. Buildings having required fire
flows of less than 2,500 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 over 2,500 GPM, the fire hydrants shall
be served by a loop main around the building or complex of
buildings.
D. Spacing. Fire hydrants shall be spaced on an average 300
feet around the perimeter line, 50 feet out of the buildings. All
hydrants shall be placed in a location accessible to fire department
vehicles or where there are roads. The fire chief shall determine
the location of fire hydrants depending on utility, topography and
building location for maximum fire protection.
200573 -51-
19.75.160 Mains and service lines.
A. Main Size. 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 must 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. Service Lines. 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. Street Improvements. 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..
19.75.165 Hydrant specifications.
A. Flush Type Hydrant. The installation of flush type hydrants
(hydrants entirely below grade) is prohibited.
B. Outlets. 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, and valve
openings no less than five inches in diameter. Fire hydrants shall
meet the American Water Works Association, Standard No.
C -502.
C. Installation, Fittings and Valves. Fire hydrants shall be
installed to meet sound engineering practices and to the approval
of the public works department, 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 public works department standards. The location of all
such valves installed shall be properly and accurately marked on
as -built plans or drawings with generally acceptable engineering
200573 -52-
detail, two copies of which shall be furnished to the public works
department. Valves shall be furnished with a standard valve box.
D. Street Grade and Hydrant Clearance. Hydrants shall stand
plumb, be set to established street grade with the lowest outlet of
the hydrant at least 18 inches above the street 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 chief.
E. Hydrant Protection. Where needed for hydrant protection
from damage, the fire chief 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. Existing Hydrants. If there presently exists fire hydrants
which do not conform to these requirements, when replaced they
shall be replaced with hydrants which conform.
G. Surrounding Vegetation. 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. Installation and Approval. The installation of the fire
hydrants and mains may be accomplished by contract or public
works department employees. All installations are to be approved
by the city engineer.
I. Testing and Flushing. 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.
19.75.175 Smoke detectors in multi -family residential
buildings.
Repealed by Ord. 3035.
200573 -53-
19.75.180 Smoke Detectors in Group LC Occupancies.
State licensed and regulated single family homes providing care as
Group LC Occupancies defined in UBC Section 313.1 of 51.40
WAC and licensed for up to sixteen individuals, shall install
hardwired, interconnected smoke detectors, with battery backup,
throughout the building. Smoke detectors shall be provided in
every sleeping area, outside every sleeping area and on each floor
of the dwelling and in other locations required by the fire marshall
in accordance with the standards established pursuant to 19.75.000.
19.75.185 Fire apparatus access roads.
Section 902.2.2.2 of the 1997 edition of the Uniform Fire Code as
adopted 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.
Chapter 19.80
STREET NAMES AND NUMBERING
Sections:
19.80.000
Adoption of street name map.
19.80.010
Existing street names and numbers.
19.80.020
Designating official.
19.80.030
New streets.
19.80.040
Change of name.
19.80.050
Property numbers.
19.80.060
Numbering criteria.
19.80.070
Other street names and premises numbers
prohibited.
19.80.000 Adoption of street name map.
There is established a uniform system of numbering properties,
buildings and structures and an official system and designation of
street names, in the city of Edmonds. The street names are those
depicted on that map entitled, "Street Name Map of the City of
Edmonds, Washington," a copy of which has been authenticated
by the mayor of the city and the attestation of the city clerk which
shall be maintained and kept current by the community services
director or designee. The map and all explanatory matter on the
200573 -54-
map is re- adopted and affirmed and by this reference is
incorporated herein as if set forth in full.
19.80.010 Existing street names and numbers.
All properties or parcels of land, buildings, structures and street
names within the corporate limits of the city of Edmonds shall be
identified by reference to the system of names and numbering
adopted in this chapter. All existing. numbers and street names not
now in conformity. with the provisions of this chapter shall be
changed to conform to the system adopted in this chapter, on or by
October 15, 1969.
19.80.020 Designating official.
The designating official shall be the community services director
or designee for the city of Edmonds who shall consult with other
affected departments of the city in designating street names and
property numbers. The maps and records adopted and provided for
in this chapter shall be maintained by the community services
director or designee.
19.80.030 New streets.
Newly built streets and streets officially designated on the official,
street map shall be given the name shown on the approved
subdivision or official street map, subject to review and approval
of the community services director or designee. The community
services director or designee shall then change the street name
map, indicating the date of revision, properly approved and
attested by the mayor and city clerk.
19:80.040 Change of name.
Changes to the name of any street on the street name map shall be
by action of the city council only by ordinance changing the street
name map.
19.80.050 Property numbers.
A. Record. The building official shall maintain a book of all
buildings and structures and their officially designated property
numbers. The records shall be open to public inspection. Upon the
request of any owner of a structure or building already in existence
for which no number has been officially designated, the
200573 -55-
designating official shall designate a number for the building or
structure and enter the same in his records.
B. New Buildings. Whenever any building or structure is
erected or located in the city of Edmonds, the owner or occupant
of the building or structure shall promptly fasten the number or
numbers assigned by the building official to the building or
structure. No building permit shall be issued for any building or
structure until the owner or contractor has obtained the official
number. Final approval of any building or structure, newly
erected, repaired or changed, shall be withheld by the building
official until permanent and proper numbers have been affixed to
the building or structure.
19.80.060 Numbering criteria.
A. Size and Location. 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 with
numerals at least three inches high in colors contrasting with the
background in such manner and location as to be plainly visible
from the street. When topography or vegetation may obscure
vision from the street, the numerals shall be affixed as to be as
reasonably visible from the street as possible under the
circumstances.
B. Multiple Entrances.
1. Where any building or structure has more than two
entrances (other than multiple residential structures, clinics,
nursing homes, hotels, motels and similar buildings and structures)
serving separate occupants, a separate suite number shall be
assigned to each entrance serving an occupant.
2. Duplexes and other buildings or structures having
two front entrances for separate occupants shall have a separate
unit or suite number for each entrance.
3. Multiple family residential structures, clinics,
nursing homes and other similar structures having only one main
entrance, or central office entrance, shall be assigned only one
number and the separate appurtenant units shall share a letter or
other unit designation such as A, B, C, Apartment No., or similar
200573 -56-
designation, in addition to the number assigned to the principal
entrance of the building or structure.
C. Base Line. All buildings or structures facing streets not
extending through to the base line shall be assigned the same
relative numbers as if the street had extended to the base line.
19.80.070 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.
Chapter 19.90
ENERGY CODE
Sections:
19.90.000 Adoption of State Energy Code.
19.90.010 Violations and penalties.
19.90.000 Adoption of State Energy Code.
The Washington State Energy Code is hereby adopted by reference
as if fully set forth as the Energy Code of the City of Edmonds,
pursuant to Chapter 19.27A RCW and Chapter 51 -11 WAC.
1992].
19.90.010 Violations and penalties.
Violations of the energy code are described in WAC 51 -11 -0106,
and shall be punished according to ECDC 5.50.020 and 20.110.
Chapter 19.95
BARRIER FREE DESIGN STANDARDS
Sections:
19.95.000 Barrier Free Code
19.95.010 Violations and penalties.
19.95.020 Board of Appeal.
200573 -57-
19.95.000 Barrier Pree Code.
WAC 51 -40 -1101 as amended by the State Building Code Council
is adopted in its entirety as the Barrier Free Code of the City of
Edmonds.
19.95.010 Violations and penalties.
Violations of the barrier free code are punished according to
ECDC 5.50.020 and 20.110
19.95.20 Board of Appeal.
As set forth in WAC 51 -40 -1114, requests to review the standards
for accessibility for existing buildings may be filed with the
building official in accordance with ECDC 20.100. An appeal
from the decision of the Building Official may be taken to the
Hearing Examiner in accordance with the requirements of ECDC
19.000.060(B).
Chapter 19.96
VENTILATION AND INDOOR AIR
QUALITY STANDARDS
Sections:
19.96.000 Adoption of ventilation and indoor air quality
standards.
19.96.010 Violations and penalties.
19.96.000 Adoption of ventilation and indoor air quality
standards.
The Washington Ventilation and Indoor Air Quality Code is hereby
adopted by reference as if fully set forth as the Ventilation and
Indoor Air Quality Code of the City of Edmonds, pursuant to
RCW 19.27.190 and Chapter 51 -13 WAC.
19.96.010 Violations and penalties.
Violations of the ventilation and indoor air quality code are
described in WAC 51 -13 -107, and shall be punished according to
ECC 5.50.020 and 20.110.
200573 -58-
Chapter 19.97
FLOOD PLAIN MANAGEMENT
Sections:
19.97.010 Statement of purpose.
19.97.020 Definitions.
19.97.030 General provisions.
19.97.040 Administration.
19.97.050 Provisions for flood hazard reduction.
19.97.060 Penalties for violation.
19.97.070 Severability.
19.97.010 Statement of purpose.
It is the purpose of this chapter to promote the public health,
safety, and general welfare, and to minimize public and private
losses due to flood conditions in specific areas by methods and
provisions designed for:
A. Restricting or prohibiting uses which are dangerous to
health, safety, and property due to water or erosion hazards, or
which result in damaging increases in erosion or in flood heights
or velocities;
B. Requiring that uses vulnerable to floods, including facilities
which serve such uses, be protected against flood damage at the
time of initial construction;
C. Controlling the alteration of natural flood plains, stream
channels, and natural protective barriers, which help accommodate
or channel flood waters;
D. Controlling filling, grading, dredging, and other
development which may increase flood damage; and
E. Preventing or regulating the construction of flood barriers
which will unnaturally divert flood waters or which may increase
flood hazards in other areas.
19.97.020 Definitions.
Unless specifically defined below, words or phrases used in this
chapter shall be interpreted so as to give them the meaning they
have in common usage and to give this chapter its most reasonable
200573 -59-
application. The following terms are defined for the purposes of
this chapter only:
A. "Area of shallow flooding" means a designated AO or AH
zone on the Flood Insurance Rate Map (FIRM). The base flood
depths in such areas range from one to three feet, a clearly defined
channel does not exist, the path of flooding is unpredictable and
indeterminate, and velocity flow may be evident. AO is
characterized as sheet flow and AH indicates ponding.
B. "Area of special flood hazard" means the land in the flood
plain within a community subject to a one percent or greater
chance of flooding in any given year. Designation of such areas on
maps always includes the letters A or V.
C. "Critical facility" means a facility for which even a slight
chance of flooding might be too great. Critical facilities include,
but are not limited to, schools, nursing homes, hospitals, police,
fire and emergency response installations, and installations which
produce, use, or store hazardous materials or hazardous waste.
D. "Base flood" means the flood having a one percent chance
of being equaled or exceeded in any given year.
E. "Development" means any man-made 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 located within an area of special
flood hazard.
F. "Flood or flooding" means a general and temporary
condition of partial or complete inundation of normally dry land
areas from:
1. The overflow of inland or tidal waters; and /or
2. The unusual and rapid accumulation of runoff of
surface waters from any source.
G. "Flood Insurance Rate Map" (FIRM) means the official
map on which the Federal Insurance Administration has delineated
both the areas of special flood hazards and the risk premium zones
applicable to the community.
H. "Flood Insurance Study" means the official report provided
by the Federal Insurance Administration that includes flood
200573 -60-
profiles, the Flood Boundary- Floodway Map, and the water
surface elevation of the base flood.
I. "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 non - elevation design requirements of this chapter found
in ECDC 19.97.050(B)(1)(b).
J. "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
connected to the required utilities. For flood plain management
purposes, the term "manufactured home" also includes park
trailers, travel trailers and other similar vehicles placed on a site
for greater than 180 consecutive days. For insurance purposes, the
term "manufactured home" does not include park trailers, travel
trailers and other similar vehicles.
K. "Manufactured home park or subdivision" means a parcel
(or continuous parcels) of land divided into two or more
manufactured home lots for rent or sale.
L. "New construction" means structures for which the "start
of construction" commenced on or after the effective date of the
ordinance codified in this chapter.
M. "Start of construction" includes substantial improvement,
and means the date the building permit was issued; provided the
actual start of construction, repair, reconstruction, placement or
other improvement was within 180 days of the permit date. 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
foundation 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.
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N. "Structure" means a walled and roofed building, including
a gas or liquid storage tank, that is principally above ground.
O. "Substantial improvement."
1. "Substantial improvement" means any repair,
reconstruction, or improvement of a structure, the cost of which
equals or exceeds 50 percent of the market value of the structure
either:
a. Before the improvement or repair is started;
or
b. If the structure has been damaged and is
being restored, before the damage occurred.
2. For the purposes of this definition, "substantial
improvement" is considered to occur when the first alteration of
any wall, ceiling, floor or other structural part of the building
commences, whether or not that alteration affects the . external
dimensions of the structure. The term does not, however, include
either:
a. Any project for improvement of a structure
to comply with existing state or local health, sanitary, or safety
code specifications which are solely necessary to assure safe living
conditions; or
b. Any alteration of a structure listed on the
National Register of Historic Places or a State Inventory of
Historic Places.
P. "Water dependent" means a structure for commerce or
industry which cannot exist in any other location and is dependent
upon the water by reason of the intrinsic nature of its operations.
19.97.030 General provisions.
A. Lands to Which This Chapter Applies. This chapter shall
apply to all areas of special flood hazards within the jurisdiction
of the city of Edmonds.
B. Basis for Establishing the Areas of Special Flood Hazard.
For purposes of this chapter, the areas of special flood hazard for
the city of Edmonds are hereby declared generally to be those
areas shown as "Zone A" on the map designated "Flood Insurance
200573 -62-
Rate Map, City of Edmonds, Washington, Snohomish County,
Community Panel No. 530163 0005 D," as revised February 19,
1986, which map is hereby adopted by this reference as a part of
this chapter as if fully set forth herein. Base flood elevations and
floor hazard factors for those areas shown on Zone A on the map
have not been determined and the local flood management
administrator shall utilize such other data as may be reasonably
available from federal, state or other sources in administering this
chapter as provided in ECDC 19.97.040(C)(2). The Flood
Insurance Rate Map is on file in the office of the city clerk.
19.97.040 Administration.
A. Development Permit Required. A development permit shall
be obtained before construction or development begins within any
area of special flood hazard established in the studies or maps
adopted by ECDC 19.97.030(B). The permit shall be for all
structures including manufactured .homes, and for all development
including fill and other activities, as defined in ECDC 19.97.020.
B. Application for Development Permit. Application for a
development permit shall be made on forms furnished by the
community. services department and may include, but not be
limited to, plans in duplicate 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:
1. Elevation in relation to mean sea level, of the lowest
floor (including basement) of all structures;
2. Elevation in relation to mean sea level to which any
structure has been flood proofed;
3. Certification by a registered professional engineer
or architect that the flood proofmg methods for any nonresidential
structure meet the flood proofmg criteria in ECDC
19.97.050(B)(2); and
4. Description of the extent to which any water course
will be altered or relocated as a result of proposed development.
C. Designation of the Local Flood Management Administrator.
The building official of the city of Edmonds is hereby appointed
to administer and implement all provisions of this chapter with the
200573 -63-
exception of those relating to subdivision proposals, by granting or
denying development permit applications in accordance with its
provisions. The city engineer is hereby appointed to administer and
implement this chapter as it relates to subdivision proposals.
D. Duties and Responsibilities of the Local Flood Management
Administrator. Duties of the local flood management administrator
in connection with this chapter shall include, but not be limited to:
1. Reviewing all development permits to determine that
the permit requirements of this chapter have been satisfied;
2. Reviewing all development permits to determine that
all necessary permits have been obtained from those federal, state
or local governmental agencies from which prior approval is
required;
3. Reviewing all development permits to determine if
the proposed development is located in the floodway. If the
development is located in the floodway, the local flood
management administrator shall assure that the provisions of
ECDC 19.97.050(C) are met.
E. Use of Other Base Flood Data. When base flood elevation
data has not been provided in accordance with ECDC
19.97.030(B), the local flood management administrator, shall
obtain, review and reasonably utilize any base flood elevation and
floodway data available from a federal, state or other source, in
order to administer ECDC 19.97.050.
F. Information to be Obtained and Maintained.
1. Where base flood elevation data is provided through
the Flood Insurance Study or required as in subsection D of this
section, the local flood management administrator shall obtain
from each development permit applicant and record 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.
2. For all new or substantially improved floodproofed
structures, the local flood management administrator shall:
a. Verify and record the actual elevation (in
relation to mean sea level), and
200573 -64-
b. Maintain the floodproofmg certifications as
required in ECDC 19.97.050(B)(3).
3. The local flood management administrator shall
maintain for public inspection all records pertaining to the
provisions of this chapter.
G. Alteration of Watercourses. The local flood management
administrator shall:
1. Notify adjacent communities and the Washington
State Department of Ecology prior to any alteration or relocation
of a watercourse, and submit evidence of such notification to the
Federal Insurance Administration; and
2. Require that maintenance is provided within the
altered or relocated portion of said watercourse so that the flood
carrying capacity is not diminished.
H. Interpretation of FIRM Boundaries. The local flood
management administrator shall make interpretations where
needed, as to the exact location of the boundaries of the areas of
special flood hazards (for example, where there appears to be a
conflict between a mapped boundary and actual field conditions).
19.97.050 Provisions for flood hazard reduction.
A. General Standards. In all areas of special flood hazards the
following standards must be met:
1. Anchoring.
a. All new construction and substantial
improvements shall be anchored to prevent flotation, collapse or
lateral movement of the structure.
b. All manufactured homes must likewise 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 and frame ties to ground anchors or other
techniques described in the Federal Emergency Management
Agency's "Manufactured Home Installation in Flood Hazard
Areas" guidebook.
2. Construction Materials and Methods.
200573 -65-
a. All new construction and substantial
improvements shall be constructed with materials and utility
equipment resistant to flood damage.
b. All new construction and substantial
improvements shall be constructed using methods and practices
that minimize flood damage.
C. Electrical, heating, ventilation, plumbing,
and air conditioning equipment and other service facilities shall be
designed and /or otherwise elevated or located so as to prevent
water from entering or accumulating within the components during
conditions of flooding.
3. Utilities.
a. All new replacement water supply systems
shall be designed to minimize or eliminate infiltration of flood
waters into the system;
b. New and replacement sanitary sewage
systems shall be designed to minimize or eliminate infiltration of
flood waters into the systems and discharge from the systems into
flood waters; and
C. On -site waste disposal systems shall be
located to avoid impairment to them or contamination from them
during flooding.
4. Subdivision Proposals.
a. All subdivision proposals shall be consistent
with the need to minimize flood damage;
b. All subdivision proposals shall have public
utilities and facilities such as sewer, gas, electrical, and water
systems located and constructed to minimize flood damage;
C. All subdivision proposals shall have adequate
drainage provided to reduce exposure to flood damage; and
d. Where base flood elevation data has not
been provided or is not available from another authoritative
source, it shall be generated for subdivision proposals and other
proposed development which contain at least 50 lots or five acres
(whichever is less).
200573 -66-
5. Review of Building Permits. Where elevation data
is not available either through the Flood Insurance Study or from
another authoritative source, applications for building permits 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. Failure to
elevate at least two feet above grade in these zones may result in
higher insurance rates.
B. Specific Standards. In all areas of special flood hazards
where base flood elevation data has been provided as set forth in
ECDC 19.97.030(B), Basis for Establishing the Areas of Special
Flood Hazard or ECDC 19.97.040(E), the following provisions are
required:
1. Residential Construction.
a. New construction and substantial
improvement of any residential structure shall have the lowest
floor, including basement, elevated one foot or more above base
flood elevation.
b. Fully enclosed areas below the lowest floor
that are subject to flooding are prohibited, or shall be designed to
automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of flood waters. Designs for
meeting this requirement must either be certified by a registered
professional engineer or architect or must meet or exceed the
following minimum criteria:
L A minimum of two openings having
a total net area of not less than one square inch for every square
foot of enclosed area subject to flooding shall be provided;
ii. The bottom of all openings shall be
no higher than one foot above grade;
iii. Openings may be equipped with
screens, louvers, or other coverings or devices provided that they
permit automatic entry and exit of flood waters.
2. Nonresidential Construction. New construction and
substantial improvement of any commercial, industrial or other
nonresidential structure shall either have the lowest floor, including
basement, elevated one foot or more above the level of the base
200573 -67-
flood elevation; or, together with attendant utility and sanitary
facilities, shall:
a. Be flood proof so that below one foot above
the base flood level the structure is watertight with walls
substantially impermeable to the passage of water;
b. Have structural components capable of
resisting hydrostatic and hydrodynamic loads and effects of
buoyancy;
C. Be certified by a registered professional
engineer or architect that the design and methods of construction
are in accordance with accepted standards of practice for meeting
provisions of this subsection based on their development and /or
review of the structural design, specifications and plans. Such
certification shall be provided to the local flood management
administrator as set forth in ECDC 19.97.0400(2);
d. Nonresidential structures that are elevated,
not flood proof, must meet the same standards for space below the
lowest floor as described in subsection B(1)(b) of this section; and
e. Applicants flood proofing nonresidential
buildings shall be notified that flood insurance premiums will be
based on rates that are one foot below the flood proofed level
(e.g., a building flood proofed to one foot above the base flood
level will be rated as at the base flood level).
3. Critical Facility. Construction of new critical
facilities shall be, to the extent possible, located outside the limits
of the base flood plain. Construction of new critical facilities shall
be permissible within the base flood plain if no feasible alternative
site is available. Critical facilities constructed within the base flood
plain shall have the lowest floor elevated to three feet or more
above the level of the base flood elevation at the site. Flood
proofing and sealing measures must be taken to ensure that toxic
substances will not be displaced by or released into flood waters.
Access routes elevated to or above the level of the base flood plain
shall be provided to all critical facilities to the extent possible.
4. Manufactured Homes. All manufactured homes to
be placed or substantially improved within Zones Al -30, AH and
AE, if and where those zones exist in the city, shall be elevated on
a permanent foundation such that the lowest floor of the
manufactured home is one foot or more above the base flood
200573 -68-
elevation, and be securely anchored to an adequately anchored
foundation system in accordance with the provisions of subsection
A(1)(b) of this section. This subsection applies to manufactured
homes to be placed or substantially improved in an expansion to
an existing manufactured home park or subdivision. This
subsection does not apply to manufactured homes to be placed or
substantially improved in an existing manufactured home park or
subdivision except where the repair, reconstruction, or
improvement of the streets, utilities and pads equals or exceeds 50
percent of the value of the streets, utilities and pads before the
repair, reconstruction or improvement has commenced.
C. Floodways. Located within areas of special flood hazard
established in ECDC 19.97.030(B) are areas designated as
floodways. Since the floodway is an extremely hazardous area due
to the velocity of flood waters which carry debris, potential
projectiles, and erosion potential, the following provisions apply:
1. Encroachments, including fill, new construction,
substantial improvements, and other development are prohibited
unless certification by a registered professional engineer or
architect is provided demonstrating that encroachments will not
result in any increase in flood levels during the occurrence of the
base flood discharge.
2. Construction or reconstruction of residential
structures is prohibited within designated floodways, except for:
a. Repairs, reconstruction, or improvements to
a structure which do not increase the ground floor area; and
b. Repairs, reconstruction or improvements to
a structure, the cost of which does not exceed 50 percent of the
market value of the structure either:
Before the repair, reconstruction or
repair is started, or
ii. If the structure has been damaged,
and is being restored, before the damage occurred.
Work done on structures to comply with existing health, sanitary
or safety codes or to structures identified as historic places shall
not be included in the 50 percent.
200573 -69-
3. If subsection C(1) of this section is satisfied, all new
construction and substantial improvements shall comply with all
applicable flood hazard reduction provisions of this section.
D. Wetlands Management. To the maximum extent possible,
short and long term adverse impacts associated with the destruction
or modification of wetlands, especially those activities which limit
or disrupt the ability of the wetland to alleviate flooding impacts,
shall be avoided. In order to implement this goal, the local flood
management administrator shall: .
1. Review proposals for development within base flood
plains for their possible impacts on wetlands located within the
flood plain;
2. Ensure that development activities in or around
wetlands do not negatively affect public safety, health and welfare
by disrupting the wetlands' ability to reduce flood and storm
drainage; and
3. Request technical assistance from the Department of
Ecology in identifying wetland areas. Existing wetland map
information from the National Wetlands Inventory (NWI) can be
used in conjunction with the city's FIRM to prepare an overlay
flood zone indicating critical wetland areas deserving special
attention.
19.97.060 Penalties for violation.
A. Any person or persons who violate or fail to comply with
any of the provisions of this chapter, or any part thereof, shall,
upon conviction of the violation, be punished by a fine in any sum
not to exceed the sum of $500.00, or by imprisonment in jail for
a term not exceeding 90 days, or by both such fine and
imprisonment, as provided in ECC 5.50.020. Each separate day
during which any violation occurs or continues shall be deemed to
constitute a separate violation of this chapter, and, upon conviction
thereof, shall be punished as provided in this section and ECC
5.50.020 and 20.110.
B. In addition to the criminal penalties provided in subsection
A of this section, any condition caused or permitted to exist in
violation of the provisions of this chapter is declared to be a public
nuisance and all remedies given by law for the prevention and
abatement of nuisances shall apply thereto.
200573 -70-
19.97.070 Severability.
If any section, sentence, clause or phrase of this chapter 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 chapter.
Chapter 19.100
MMATION OF BENEFITED AND
PROTECTED CLASSES
Sections:
19.100.000 Limitation of benefited and protected
classes.
19.100.000 Limitation of benefited and protected
classes.
The uniform and other building codes adopted by Title 19 ECDC
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.
Section 2. 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 3. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
200573 -71-
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
... elym
MAYOR BARBARA S. FAHEY
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM: .
OFFICE OF THE CITY ATTORNEY:
BY ( s6tor&
FILED WITH THE CITY CLERK: 06/12/98
PASSED BY THE CITY COUNCIL: 06/16/98
PUBLISHED: 06/26/98
EFFECTIVE DATE: 07/01/98
ORDINANCE NO. 3215
200573 -72-
r�
.........................................
ted to its subscribers
.......... ...............................
Principal Clerk
Subscribed and sworn to before me this ......... 26rh
..........
June
daof.....---- . ..... .......................
Notar Public in and for the
residing at Everett, Snoh`,I,r�
.•�
0 BE J.
NOTARY o
Pusuc ' z
sN�•,4,# ati:�p.
1 .
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of ashin>;ton,
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Affidavit of Publication RECEIVED
JUN 3 91998
STATE OF WASHINGTON,
COUNTY OF SNOHOD&ISH,
EDMONDS CITY CLERK
SUMMARY OF !
ORDINANCE NO. 3215
of the of
City
The undersigned, being first duly sworn on oath deposes and says
the
On the n 161h day offOJune,
7998, the City Council of the
that she is Principal Clerk of THE HERALD, a daily newspaper
.
City '
of Edmonds, gassed
.Or dinance No. 3215. A sum.
printed and published in the City of -Everett, County of Snohomish,
mary of the content of said
'title. provides asp follows f Ine,,
and State of Washington; that said newspaper is a newspaper of
SAN ORDINANCE OF THE
CITY OF EMNDS, WASH.
INGTONAMENDING !
� , THE '
general circulation In said County and State; that said newspaper
PROVISIONS OF TITLE 19:
BUILDING CODES TO ADOPT
has been approved as a legal newspaper by order of the Superior
CODEi9AND FIXING A TTIME
WHEN THE SAME SHALL
Court of Snohomish County and that the notice ......... ...............................
BECOME EFFECTIVE.
The full text of this^
Ordinance wilt be mailed upon
request. i
Summary of Ordinance No. 3215
DATED this 77th da oY'
June. 1998.
... ...."""""' ................
CITY CLERK
ne
PublishedSJ 26. 998.
- - - ,
- ......................................................................................... ...............................
-•--• ...............................'....................................-----........... ..........................-- °-- .......................................................
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:
•
June 26, 1998
....................................................................................................... ......................... ......
r�
.........................................
ted to its subscribers
.......... ...............................
Principal Clerk
Subscribed and sworn to before me this ......... 26rh
..........
June
daof.....---- . ..... .......................
Notar Public in and for the
residing at Everett, Snoh`,I,r�
.•�
0 BE J.
NOTARY o
Pusuc ' z
sN�•,4,# ati:�p.
1 .
8
...... ........, ........
of ashin>;ton,
B -2 -1