Ordinance 34560006.90000
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5/8/03
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ORDINANCE NO. 3456
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF ECDC
19.00.060(B) TO PROVIDE FOR INTERPRETATIONS,
APPEALS AND ALTERNATIVE MATERIAL REVIEW BY A
BUILDING CODE BOARD OF REVIEW, EXCEPTING THE
PROVISIONS OF CHAPTER 19.05 FROM SAID REVIEW,
ENACTING A NEW CHAPTER 10.15 BUILDING BOARD OF
APPEALS, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
WHEREAS, appeals from the Building Official's interpretation of the Uniform
Building Code, determinations of suitable and alternative methods or materials and similar
requests authorized under the State building codes have previously been referred to the City's
hearing examiner; and
WHEREAS, the City Council deems it to be in the public interest to recreate a
Building Board of Appeals in. order to provide both the expertise of professionals within the
construction area, as well as the participation of local citizens in such review, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds Community Development Code Section 19.00.060
Interpretation, appeals and alternative materials (B) Appeals is hereby amended to read as
follows:
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19.00.060 Interpretation, appeals and alternative
materials.
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 the 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 shall be reviewed by the City's Building Board of
Appeals pursuant to the procedures established pursuant to Chapter
20.91 ECDC and RCW Chapter 19.27. In the event of conflict
between the provisions of ordinance and state statute, the state
statute shall control. Provided, however, that any denial of grant of
a permit or interpretation of any code arising with respect to any
tract of land lying within the earth's 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. Any conflict or doubt shall be resolved in favor of the sole
discretion of the Superior Court with respect to any property lying
within an established landslide or earth subsidence area or subject
to Chapter 19.05's coverage. Appeals to Superior Court shall be
instituted within ten (10) calendar days of the date of mailing of
the written decision of the Building Official. Appeal from the
actions of the Building Board of Appeals shall be appealable to the
Snohomish County Superior Court in accordance with the
provisions of the Land Use Petition Act.
Section 2. The Edmonds City Code is hereby amended by the adoption of a new
chapter 10.15 relating to the Building Board of Appeals to read as follows:
10.15.010
10.15.020
10.15.030
10.15.040
10.15.050
10.15.060
Chapter 10.15
Building Board of Appeals
Purpose.
Membership.
Limitations of authority.
Tests.
Limitation of authority.
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10.15.010 Purpose.
The Building Board of Appeals shall hear appeals from the
Building Official's interpretation of the Uniform Building Code,
determinations of suitable, alternative methods and materials and
any other appeal delegated to a Board of Appeals pursuant to the
State Building Codes, including but not limited. to the Uniform
Building Code, the Uniform Fire Code, the Uniform Code for
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.
10.15.020 Membership.
A. There is created a Building Board of Appeals consisting of
members who are qualified by experience and training to pass on
matters pertaining to building construction and who are not
employees of the City of Edmonds. The technical expertise of
Board Members may be supplied through training or experience as
an architect, builder, fire inspector, mechanical or electrical expert,
plumber, engineer, or others with similar technical training. Four
of the Board Members shall be active, practicing members of one
of the prior listed disciplines or professions and the fifth shall be a
citizen familiar with any of the previously referred to disciplines or
professions. The technical members of the Board with the required
professional or technical expertise may be appointed, regardless of
where such individuals reside. The lay person shall be a resident
of the City of Edmonds. Members of the Board shall be appointed
by the Mayor and confirmed by the City Council.
B. Alternative Members. In addition, up to three alternative
technical members and one alternative lay member may be
appointed by the Mayor subject to the confirmation of the City
Council. Such alternates shall serve when required in order to
assure a five- member panel consisting of four technical persons
and one lay representative.
C. Term. On the date of initial appointment to the Board, the
Mayor shall appoint two technical members to two -year terms, two
technical members to four -years terms and the lay member to a
three -year term. Thereafter, members, whether technical or lay,
regular or alternative, shall be appointed to four -year terms.
D. The Building Official shall serve as an ex- officio member
of Board and act as the secretary to said Board, but shall have no
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vote on any matter before the Board, provided, however, that the
Fire Chief shall serve as an ex- officio member on appeals relating
to the Uniform Fire Code and act as secretary with respect to such
cases.
10.15.030 Removal.
Members of the Board of Appeals shall serve at the pleasure of the
City and may be removed at any time for any reason which the
Mayor, with confirmation of the City Council, deem to be in the
public interest. Any member who is unavailable for three
consecutive appeals shall be automatically removed and a new
member or alternate appointed.
10.15.040 Limitations of authority.
A. The Building Board of Appeals shall have no authority
relative to the interpretation of the administrative provisions of any
of the state building codes, nor shall a Board be empowered to
waive any requirement of any such code.
B. The provisions of the State Building Code as adopted by
the City are not intended to prevent the use of any material,
alternate design or method of construction not specifically
prescribed by this Code, provided any alternative has been
approved and its use authorized by the Building Official or on
appeal or request for review, by the Building Board of Appeals.
C. The Building Board of Appeals, on review, may approve
the use of any material, alternate design or method of construction
providing that is finds that the proposed design is satisfactory and
complies with the provisions of this Code and that the material,
method or work offered is, for the purpose intended, at least the
equivalent of that prescribed in the applicable code in suitability,
strength, effectiveness, fire resistance, durability, safety and
sanitation.
D. The Building Board of Appeals shall require that sufficient
evidence or proof be submitted to substitute any claims that may
be made regarding its use. The details of any action granting
approval of alternate shall be recorded and entered in the written
decision of the Board.
10.15.050 Tests.
The appellant bears the burden of proof in any proceeding before
the Board. If there is insufficient evidence of compliance with any
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of the provisions of this Code or evidence that any material or
construction does not conform to the requirements of this Code,
the appeal from the decision of the Building Official shall be
denied. The Board may also continue any proceeding in order to
permit the appellant or applicant to provide proof of compliance
through tests conducted in accordance with general engineering
practice and best scientific evidence. Such tests shall be made by
the applicant or appellant and at no expense to the jurisdiction.
Test methods shall be as specified by the applicable building code
or by other recognized testing standards. If there are not
recognized and accepted test methods for the proposed alternate,
testing methods shall utilize generally accepted engineering
practice and best scientific method. Reports of such tests shall be
retained and made a part of the record of the proceeding.
10.15.060 Limitation of authority.
Nothing herein shall be interpreted to permit the Board to hear any
appeal, nor any request for deviation of design or alternative
methods with respect to any property lying within a recognized
landslide hazard and earth subsidence area or which is otherwise
subject to the requirements of ECDC Chapter 19.05.
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
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROVE :
MAY R G HAAKENSON
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF A Y:
BY
W. SCOTT SNYDER
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FILED WITH THE CITY CLERK: 05/16/2003
PASSED BY THE CITY COUNCIL: 05/20/2003
PUBLISHED: 05/30/2003
EFFECTIVE DATE: 06/04/2003
ORDINANCE NO. 3456
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SUMMARY OF ORDINANCE NO. 3456
of the City of Edmonds, Washington
On the 20th day of May, 2003, the City Council of the City of Edmonds, passed
Ordinance No. 3456. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
PROVISIONS OF ECDC 19.00.060(B) TO PROVIDE FOR INTERPRETATIONS, APPEALS
AND ALTERNATIVE MATERIAL REVIEW BY A BUILDING CODE BOARD OF
REVIEW, EXCEPTING THE PROVISIONS OF CHAPTER 19.05 FROM SAID REVIEW,
ENACTING A NEW CHAPTER 10.15 BUILDING BOARD OF APPEALS, AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 21St day of May, 2003.
ITY CLERK, SANDRA S. CHASE
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Affidavit of Publication
STATE OF WASHINGTON, 1
COUNTY OF SNOHOMISH J S.S.
SUMMARY-0�Dj3DINANCE -Nb -3456
of the City of Edmonds, Washington
On the 20th day of Ma , 2003, the Crty Council of the City
A the
The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk
THE HERALD, daily in the City of Everest, County of
of Edmonds, passed ordinance No. 3456 summary of
content of said ordinance, consisting of the title, provides as,
of a newspaper printed and published
Snohomish, and State of Washington; that said newspaper is a newspaper of general
g
follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING - 1
TON, AMENDING THE PROVISIONS OF ECDC',
a
circulation in said Count and State; that said newspaper has been approved as a leoal
Y pP a
19.00.060(B) TO PROVIDE FOR INTERPRETATIONS, AP -',
PEALS AND ALTERNATIVE MATERIAL REVIEW BY A
newspaper by order of the Superior Court of Snohomish County and that the notice
BUILDING CODE BOARD OF REVIEW, EXCEPTING THE
PROVISIONS OF CHAPTER 19.05 FROM SAID REVIEW,
City of Edmonds
ENACTING A NEW CHAPTER 10.15 BUILDING.BOARD -OF.
APPEALS, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE. i
The full text of this Ordinance will be mailed upon request.
Summary of Ordinance No. 3456
DATED this 21st day of May 2003.
CITY CLERK, SANDRA S. CHASE
Published: May 30, 2003.
RSCEiVlEU
JUN 0 3 2003
EDMONDS CITY CLERK
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:
May 30, 2003
and that said newspaper was reg y tribute to its
Subscribed and sworn to before m is
day of May, 2003
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Notary Public in and for the State of as hgton,
County.
all of said period.
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Account Name: City'Of Edmonds Edmonds, City Of Account Number: 101416 Order Number: 0001042234