Ordinance 4188ORDINANCE NO.4188
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE EDMONDS COMMUNITY
DEVELOPMENT CODE TO ADOPT FLOODPLAIN
MANAGEMENT MEASURES THAT ARE REQUIRED TO
CONTINUE THE CITY'S PARTICIPATION IN THE
NATIONAL FLOOD INSURANCE PROGRAM, DECLARING
AN EMERGENCY NECESSITATING IMMEDIATE
ADOPTION AND EFFECTIVENESS OF THIS INTERIM
ZONING ORDINANCE.
WHEREAS, the City of Edmonds received a March 16, 2020 letter from the Director of
FEMA's Floodplain Management Division; and
WHEREAS, the letter described certain steps that were required by the City to participate
in the National Flood Insurance Program (NFIP); and
WHEREAS, a Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) have
been completed for the City of Edmonds; and
WHEREAS, the FIS and FIRM will become effective on June 19, 2020; and
WHEREAS, by the June 19, 2020 effective date, the Department of Homeland Security's
Federal Emergency Management Agency (FEMA) Regional Office is required to approve the
legally enforceable floodplain management measures that the City of Edmonds adopts in
accordance with Title 44 Code of Federal Regulations, Section 60.3(e); and
WHEREAS, the adoption of compliant floodplain management measures will provide
protection for the City of Edmonds and will ensure its participation in the NFIP; and
WHEREAS, the NFIP State Coordinating Office for Washington State has verified that
Washington cities may include language in their floodplain management measures that
automatically adopt the most recently available flood elevation data provided by FEMA; and
WHEREAS, the above referenced March 16, 2020 letter was FEMA's official notification
to the City of Edmonds that it has until June 19, 2020 to adopt floodplain management regulations
that meet or exceed the minimum NFIP requirements and request approval of those regulations
from the FEMA Regional Office;
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WHEREAS, the City of Edmonds' adopted floodplain management measures will be
reviewed upon receipt and the FEMA Regional Office will notify the City when the measures are
approved; and
WHEREAS, the City of Edmonds' compliance with these mandatory program
requirements will enable the City to avoid suspension from the NFIP; and
WHEREAS, pursuant to RCW 36.70A.390, this interim ordinance may be adopted on an
emergency basis without first holding a public hearing; and
WHEREAS, the COVID-19 crisis has prevented the City from using its normal public
participation process leading up to the adoption of these regulations;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. A new chapter 19.07 of the Edmonds Community Development Code, entitled
"Flood Damage Prevention," is hereby added to read as set forth in Attachment A hereto, which
is incorporated herein by this reference as if set forth in full.
Section 2. Section 23.70.010 of the Edmonds Community Development Code, entitled
"Designation, rating and mapping — Frequently flooded areas," is hereby amended to read as set
forth in Attachment B hereto, which is incorporated herein by this reference as if set forth in full
(new text is shown in underline; deleted text is shown in strike thr-ough).
Section 3. Section 19.05.020 of the Edmonds Community Development Code, entitled
"Section amendments," is hereby amended to read as set forth in Attachment C hereto, which is
incorporated herein by this reference as if set forth in full (new text is shown in underline; deleted
text is shown in stfike thfo g ).
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Section 4. Section 19.00.025 of the Edmonds Community Development Code, entitled
"International Building Code section amendments," is hereby amended to read as set forth in
Attachment D hereto, which is incorporated herein by this reference as if set forth in full (new
text is shown in underline; deleted text is shown in s4il£e thfough).
Section 5. Sunset. This interim ordinance shall remain in effect for 180 days from the
effective date or until it is replaced with another ordinance adopting permanent regulations, after
which point it shall have no further effect.
Section 6. Emergency Declaration. The city council hereby declares that an emergency
exists necessitating that this ordinance take effect immediately upon passage by a majority vote
plus one of the whole membership of the council, and that the same is not subject to a referendum
(RCW 35A.12.130). Without an immediate adoption of this interim zoning ordinance, the City of
Edmonds could be suspended from the National Flood Insurance Program (NFIP). Therefore, this
interim regulation must be imposed as an emergency measure to protect the public health, safety
and welfare by ensuring that the City continues to participate in the NFIP.
Section 7. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 8. Effective Date. This ordinance shall take effect and be in full force and effect
immediately upon passage, as set forth in Section 6, as long as it is approved by a majority plus
one of the entire membership of the council, as required by RCW 35A.12.130. If it is not adopted
by a majority plus one of the entire membership of the council, then the language declaring an
emergency shall be disregarded, in which case, this ordinance, being an exercise of a power
specifically 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.
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Section 9. Adoption of Findings. The city council hereby adopts the above "whereas"
clauses as findings of fact in support of the adoption of this interim ordinance.
APPROVED:
Jt-jam.-
MAYOR MIKE NELSON
ATTEST/AUTHENTICATED:
CLE K, SCOTT ASSEY
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADA74
FILED WITH THE CITY CLERK: May 29, 2020
PASSED BY THE CITY COUNCIL: June 2, 2020
PUBLISHED: June 5, 2020
EFFECTIVE DATE: June 2, 2020
ORDINANCE NO. 4188
M
SUMMARY OF ORDINANCE NO.4188
of the City of Edmonds, Washington
On the 2nd day of June, 2020, the City Council of the City of Edmonds, passed Ordinance
No. 4188. 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 EDMONDS
COMMUNITY DEVELOPMENT CODE TO ADOPT
FLOODPLAIN MANAGEMENT MEASURES THAT
ARE REQUIRED TO CONTINUE THE CITY' S
PARTICIPATION IN THE NATIONAL FLOOD
INSURANCE PROGRAM, DECLARING AN
EMERGENCY NECESSITATING IMMEDIATE
ADOPTION AND EFFECTIVENESS OF THIS INTERIM
ZONING ORDINANCE.
The full text of this Ordinance will be mailed upon request.
DATED this 2nd day of June, 2020.
CI CLERK, SCOT SEY
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Attachment A
Chapter 19.07
FLOOD DAMAGE PREVENTION
19.07.000
Purpose
19.07.010
Applicability
19.07.020
Definitions
19.07.030
International Building Code section amendments
19.07.040
International Residential Code section amendments
19.07.050
Habitat Assessment
19.07.060
Review of Building Permits
19.07.070
Anchoring
19.07.080
Subdivision Proposals and Development
19.07.090
Manufactured Homes
19.07.100
All Other Building Standards apply
19.07.000 Purpose
It is the purpose of this ordinance to promote the public health, safety, and general welfare; reduce the
annual cost of flood insurance; and minimize public and private losses due to flood conditions in specific
areas by provisions designed to:
A. Protect human life and health;
B. Minimize expenditure of public money for costly flood control projects;
C. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at
the expense of the general public;
D. Minimize prolonged business interruptions;
E. Minimize damage to public facilities and utilities, such as water and gas mains; electric, telephone,
and sewer lines; and streets and bridges located in flood hazard areas;
F. Help maintain a stable tax base by providing for the sound use and development of flood hazard
areas so as to minimize blight areas caused by flooding;
G. Notify potential buyers that the property is in a Special Flood Hazard Area;
H. Notify those who occupy flood hazard areas that they assume responsibility for their actions; and
I. Participate in and maintain eligibility for flood insurance and disaster relief.
19.07.010 Applicability
A. Lands to which the chapter applies. This chapter shall apply to all special flood hazard areas within
the boundaries of the City of Edmonds.
B. Basis for establishing the areas of special flood hazard. The special flood hazard areas identified by
the Federal Insurance Administrator in a scientific and engineering report entitled "The Flood
Insurance Study (FIS) for Snohomish County, Washington, and Incorporated Areas" dated June 19,
2020, and any revisions thereto, with accompanying Flood Insurance Rate Maps (FIRMs), and any
Page 1 of 7
Attachment A
revisions thereto, are hereby adopted by reference and declared to be a part of this ordinance. The
FIS and the FIRM are on file at the Development Services Department at 121 5ch Avenue North.
The best available information for flood hazard area identification as outlined in Section G103.3 shall
be the basis for regulation until a new FIRM is issued that incorporates data utilized under Section
G 103.3.
19.07.020 Definitions
The following definitions apply to this chapter...
A. Alteration of Watercourse: Any action that will change the location of the channel occupied by
water within the banks of any portion of a riverine waterbody.
B. Area of special flood hazard: The land in the floodplain within a community subject to a 1 percent or
greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM) as
zone A, AO, AH, Al-30, AE, A99, AR (V, VO, V1-30, VE). "Special flood hazard area" is synonymous in
meaning with the phrase "area of special flood hazard".
C. Base flood: The flood having a 1% chance of being equaled or exceeded in any given year (also
referred to as the "100-year flood").
D. Base Flood Elevation (BFE): the elevation to which floodwater is anticipated to rise during the base
flood.
E. Coastal High Hazard Area: An area of special flood hazard extending from offshore to the inland limit
of a primary frontal dune along an open coast and any other area subject to high velocity wave
action from storms or seismic sources. The area is designated on the FIRM as zone V1-30, VE or V.
F. Development: 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 or storage of equipment or materials located within the area of special flood
hazard.
G. Elevation Certificate: An administrative tool of the National Flood Insurance Program (NFIP) that can
be used to provide elevation information, to determine the proper insurance premium rate, and to
support a request for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill
(LOM R-F).
H. Flood or Flooding:
A general and temporary condition of partial or complete inundation of normally dry land areas
from:
a. The overflow of inland or tidal waters.
b. The unusual and rapid accumulation or runoff of surface waters from any source.
c. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in
paragraph (1)(b) of this definition and are akin to a river of liquid and flowing mud on the
surfaces of normally dry land areas, as when earth is carried by a current of water and
deposited along the path of the current.
The collapse or subsidence of land along the shore of a lake or other body of water as a result of
erosion or undermining caused by waves or currents of water exceeding anticipated cyclical
levels or suddenly caused by an unusually high water level in a natural body of water,
Page 2 of 7
Attachment A
accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an
abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in
flooding as defined in paragraph (1)(a) of this definition.
I. Flood elevation study: An examination, evaluation and determination of flood hazards and, if
appropriate, corresponding water surface elevations, or an examination, evaluation and
determination of mudslide (i.e., mudflow) and/or flood -related erosion hazards. Also known as a
Flood Insurance Study (FIS).
J. Flood Insurance Rate Map (FIRM): The official map of a community, on which the Federal Insurance
Administrator has delineated both the special hazard areas and the risk premium zones applicable
to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance
Rate Map (DFIRM).
K. Floodplain or flood -prone area: Any land area susceptible to being inundated by water from any
source. See "Flood or flooding."
L. Floodplain administrator: The community official designated by title to administer and enforce the
floodplain management regulations.
M. Floodplain management regulations: Zoning ordinances, subdivision regulations, building codes,
health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and
erosion control ordinance) and other application of police power. The term describes such state or
local regulations, in any combination thereof, which provide standards for the purpose of flood
damage prevention and reduction.
N. Flood proofing: Any combination of structural and nonstructural additions, changes, or adjustments
to structures which reduce or eliminate risk of flood damage to real estate or improved real
property, water and sanitary facilities, structures, and their contents. Flood proofed structures are
those that have the structural integrity and design to be impervious to floodwater below the Base
Flood Elevation.
O. Habitat Assessment: A written document that describes a project, identifies and analyzes the
project's impacts to habitat for species discussed in the "Endangered Species Act — Section 7
Consultation Final Biological Opinion and Magnuson -Stevens Fishery Conservation and Management
act Essential Fish Habitat Consultation for the Implementation of the National Flood Insurance
Program in the State of Washington, Phase One Document — Puget Sound Region," and provides an
Effects Determination.
Highest adjacent grade: The highest natural elevation of the ground surface prior to construction
next to the proposed walls of a structure.
Q. Historic structure: Any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by the
Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by the
Secretary to qualify as a registered historic district;
3. Individually listed on a state inventory of historic places in states with historic preservation
programs which have been approved by the Secretary of Interior; or
Page 3 of 7
Attachment A
4. Individually listed on a local inventory of historic places in communities with historic
preservation programs that have been certified either:
a. By an approved state program as determined by the Secretary of the Interior, or
b. Directly by the Secretary of the Interior in states without approved programs.
Mean Sea Level: For purposes of the National Flood Insurance Program, the vertical datum to which
Base Flood Elevations shown on a community's Flood Insurance Rate Map are referenced.
New construction: For the purposes of determining insurance rates, structures for which the "start
of construction" commenced on or after the effective date of an initial Flood Insurance Rate Map or
after December 31, 1974, whichever is later, and includes any subsequent improvements to such
structures. For floodplain management purposes, "new construction" means structures for which
the "start of construction" commenced on or after the effective date of a floodplain management
regulation adopted by a community and includes any subsequent improvements to such structures.
T. Structure: For floodplain management purposes, a walled and roofed building, including a gas or
liquid storage tank, that is principally above ground, as well as a manufactured home.
19.07.030 International Building Code section amendments
The following sections of the IBC are hereby amended as follows:
A. Section 110.3.3, Lowest floor elevation, is amended to read:
In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to
further vertical construction, the elevation certification required in Section 1612.5 shall be
submitted to the building official. Prior to final inspection approval, the building official shall require
an elevation certificate based on finished construction prepared and sealed by a State licensed land
surveyor.
B. Section 1612.1.1, Residential Structures, is added and reads:
Construction or reconstruction of residential structures is prohibited within designated floodways,
except for (i) repairs, reconstruction, or improvements to a structure which do not increase the
ground floor area; and (ii) repairs, reconstruction or improvements to a structure, the cost of which
does not exceed 50 percent of the market value of the structure either, (A) before the repair, or
reconstruction is started, or (B) if the structure has been damaged, and is being restored, before the
damage occurred. Any project for improvement of a structure to correct existing violations of State
or local health, sanitary, or safety code specifications which have been identified by the local code
enforcement official and which are the minimum necessary to assure safe living conditions, or to
structures identified as historic places, may be excluded from the 50 percent calculation.
C. Section 1612.4.1, Lowest Floor Elevation, is added and reads:
For buildings in all structure categories located in the Coastal High Hazard Areas and Coastal A Flood
Zones, the elevation of the lowest floor shall be a minimum of two feet above the base flood
elevation, as determined from the applicable FEMA flood hazard map.
19.07.040 International Residential Code section amendments
The following sections of the IRC are hereby amended as follows:
Page 4 of 7
Attachment A
A. Table R301.2(1), Climatic and Geographic Design Criteria, is amended with the following criteria:
Flood Hazard(g) = NFIP adoption June 19, 2020. FIRM maps June 19, 2019
B. R322.1, General, is hereby amended as follows:
Buildings and structures constructed in whole or in part in flood hazard areas (including A or V
Zones) as established in Table R301.2(1) shall be designed and constructed in accordance with the
provisions contained in this section. Construction or reconstruction of residential structures is
prohibited within designated floodways, except for (i) repairs, reconstruction, or improvements to a
structure which do not increase the ground floor area; and (ii) repairs, reconstruction or
improvements to a structure, the cost of which does not exceed 50 percent of the market value of
the structure either, (A) before the repair, or reconstruction is started, or (B) if the structure has
been damaged, and is being restored, before the damage occurred. Any project for improvement of
a structure to correct existing violations of State or local health, sanitary, or safety code
specifications which have been identified by the local code enforcement official and which are the
minimum necessary to assure safe living conditions, or to structures identified as historic places,
may be excluded from the 50 percent calculation.
19.07.050 Habitat Assessment
A development permit application shall include a habitat assessment unless the project is, in its entirety,
one of the following activities:
A. Normal maintenance, repairs, or remodeling of structures, such as re -roofing and replacing siding,
provided such work is not a substantial improvement or a repair of substantial damage. To comply,
such work must be less than 50% of the value of the structure(s).
Expansion or reconstruction of an existing structure that is no greater than 10% beyond its existing
footprint. If the structure is in the floodway, there shall be no change in the structure's dimensions
perpendicular to flow. All other federal and state requirements and restrictions relating to floodway
development still apply.
C. Activities with the sole purpose of creating, restoring, or enhancing natural functions associated
with floodplains, streams, lakes, estuaries, marine areas, habitat, and riparian areas that meet
federal and state standards, provided the activities do not include structures, grading, fill, or
impervious surfaces.
D. Development of open space and recreational facilities, such as parks, trails, and hunting grounds,
that do not include structures, fill, impervious surfaces, or removal of more than 5% of the native
vegetation on that portion of the property in the floodplain.
E. Repair to onsite septic systems, provided ground disturbance is the minimal necessary and best
management practices (BMPs) to prevent stormwater runoff and soil erosion are used.
Projects that have already received concurrence under another permit or other consultation with
the Services, either through Section 7, Section 4d, or Section 10 of the Endangered Species Act (ESA)
that addresses the entirety of the project in the floodplain (such as an Army Corps 404 permit or
non -conversion Forest Practice activities including any interrelated and interdependent activities.).
G. Repair of an existing, functional bulkhead in the same location and footprint with the same
materials when the Ordinary High Water Mark (OHWM) is still outside of the face of the bulkhead
(i.e. if the work qualifies for a Corps exemption from Section 404 coverage).
Page 5 of 7
Attachment A
19.07.060 Review of Building Permits
Where elevation data is not available either through the FIS, FIRM, or from another authoritative source
(Section 4.3-2), applications for floodplain development 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.
19.07.070 Anchoring
A. All new construction and substantial improvements, including those related to manufactured
homes, shall be anchored to prevent flotation, collapse, or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads including the effects of buoyancy.
All manufactured homes shall 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 or frame ties to ground anchors. For more
detailed information, refer to guidebook, FEMA-85, "Manufactured Home Installation in Flood
Hazard Areas."
19.07.080 Subdivision Proposals and Development
All subdivisions, as well as new development shall:
A. Be consistent with the need to minimize flood damage;
B. Have public utilities and facilities, such as sewer, gas, electrical, and water systems located and
constructed to minimize or eliminate flood damage;
C. Have adequate drainage provided to reduce exposure to flood damage.
D. Where subdivision proposals and other proposed developments contain greater than 50 lots or 5
acres (whichever is the lesser) base flood elevation data shall be included as part of the application.
19.07.090 Manufactured Homes
A. All manufactured homes to be placed or substantially improved on sites shall be elevated on a
permanent foundation such that the lowest floor of the manufactured home is elevated one foot or
more above the base flood elevation and be securely anchored to an adequately anchored
foundation system to resist flotation, collapse and lateral movement.
B. All manufactured homes to be placed or substantially improved within zones V1-30, V, and VE on
the community's FIRM on sites:
a. Outside of a manufactured home park or subdivision,
b. In a new manufactured home park or subdivision,
c. In an expansion to an existing manufactured home park or subdivision, or
d. In an existing manufactured home park or subdivision on which a manufactured home has
incurred "substantial damage" as the result of a flood; shall meet the standards of ASCE 24-14,
Chapter 4 requirements for residential buildings.
Page 6 of 7
Attachment A
19.07.100 All Other Building Standards Apply
All new construction and substantial improvements shall comply with all applicable flood hazard
reduction provisions of the adopted IBC, IRC, Appendix (IBC) G, and ASCE 24.
Page 7 of 7
Attachment B
Chapter 23.70
FREQUENTLY FLOODED AREAS
23.70.010 Designation, rating and mapping — Frequently flooded areas.
A. Frequently Flooded Areas. Frequently flooded areas shall include:
1. The special flood hazard areas identified by the Federal Insurance Administrator in a scientific and
engineering report entitled "The Flood Insurance Study(FIS) for Snohomish County, Washington, and
Incorporated Areas" dated June 19, 2020, and any revisions thereto, with accompanying Flood Insurance Rate
Maps (FIRMS), and any revisions thereto, are hereby pted by reference and declared to be a part of this
ordinance. The FIS and the FIRM are on file at the Development Services Department at 121 5th Avenue
North.
The best available information for flood hazard area identification as outlined in Section G103.3 shall be the
basis for regulation until a new FIRM is issued that incorporates data utilized under Section G103.3.
These afeas iden4ified an FEMA fleed insufanee maps as areas of speeiai Jqaad hazard, wllieh iffelude those
the in4ernational Residenfial Code and in4ernational Building Code, as adopted in ECDC Title •
2. Those areas identified as frequently flooded areas on the city of Edmonds critical areas inventory. Identified
frequently flooded areas are consistent with and based upon designation of areas of special flood hazard on
FEMA flood insurance maps as indicated above.
B. City Discretion and Designation. Flood insurance maps and the city's critical areas inventory are to be used as a
guide for the city of Edmonds development services department, project applicants and/or property owners, and the
public and should be considered a minimum designation of frequently flooded areas. As flood insurance maps may
be continuously updated as areas are reexamined or new areas are identified, newer and more restrictive information
for flood hazard area identification shall be the basis for regulation. The city of Edmonds shall retain the right to
designate and identify areas known to be prone to flooding outside of the 100-year floodplain and subject them to
the provisions and protections of this title and the current editions of the International Residential Code and
International Building Code, as adopted in ECDC Title 19. [Ord. 4026 § 1 (Att. A), 2016; Ord. 3527 § 2, 2004].
Attachment C
19.05.020 Section amendments.
The following sections of the IRC are hereby amended as follows:
A. Table R301.2(1), Climatic and Geographic Design Criteria, is amended with the following criteria:
1. Ground Snow Load = 25 psf non -reducible
2. Wind Speed(d) = 85 mph
3. Topographical effects(k) = No
4. Seismic Design Category(f) = D1
5. Weathering(a) = moderate
6. Frost Line Depth(b) = 18 inches
7. Termite(c) = slight to moderate
8. Winter Design Temp(e) = 27 degrees F
9. Flood u...,a fd(g) — NFT�option 3,126,174FWA4 maps 1Trv�-9
10. Ice Shield Underlayment(h) = not required
11. Air Freezing Index(i) = 0-1000
12. Mean Annual Tempo) = 50 degrees F
B. R313.1, Automatic fire sprinkler system, is added and reads:
1. An approved automatic fire sprinkler system shall be installed in new buildings containing
five (5) or more attached dwelling units. Refer to ECDC 19.25.035.
2. An approved automatic fire sprinkler system shall be installed in new one -family and two-
family dwellings and townhouses exceeding 3,000 square feet of fire area.
3. The design and installation of residential fire sprinkler systems shall be in accordance with
NFPA 13D.
_C. R322. 1 General, is hereby amended as
� y
i
ON
IN 1
[Ord. 4029 § 1 (Att. A), 2016; Ord. 3926 § 1 (Exh. A), 2013; Ord. 3819 § 2, 2010; Ord. 3796
§ 2, 2010].
Attachment D
19.00.025 International Building Code section amendments.
The following sections of the IBC are hereby amended as follows:
A. Section 104.3, Notices and Orders, is amended to read:
The building official shall issue all necessary notices or orders to ensure compliance with this
code. The building official is also authorized to use Chapter 20.110 ECDC for code
compliance in addition to the remedies provided for in this code.
B. Section 105.1.1, Annual Permit, is deleted.
C. Section 105.1.1, Demolition Permits, is added and shall read:
Before the partial or complete demolition of any building or structure (interior or exterior), a
demolition permit shall be obtained from the building official. The permit fee is established
pursuant to Chapter 19.70 ECDC. The applicant shall also post with the city, prior to permit
issuance, a performance bond, or frozen fund, conforming to Chapter 17.10 ECDC herein, in
an amount to be determined by the building official to satisfy all city requirements no later
than 180 days after the issuance of the permit. The demolition performance bond or frozen
fund shall not be released until the building official determines the following requirements
have been completed:
1. Cap Abandoned Sanitary Sewers. Septic tanks shall be pumped, collapsed and removed
and/or filled with earth, sand, concrete, CDF or hard slurry.
2. Knock Down of Concrete Foundation Walls, Porches, Chimneys and Similar Structures.
Concrete, bricks, cobbles and boulders shall be broken to less than 12-inch diameter. Debris
left on site shall conform to IBC Section 1804.2 for clean fill.
3. Construction debris, vegetation, and garbage attributable to the demolition shall be
removed from the site and from unopened street right-of-way within 30 days of written notice.
No debris of any kind may be placed or maintained on street right-of-way (including alleys)
without a permit issued pursuant to Chapter 18.60 or 18.70 of the Edmonds Community
Development Code.
4. Repair of any damage to, and restoration of, any public property to substantially original
conditions, i.e., alley, street, sidewalk, landscaping, water, sewer, storm and other utilities,
rockeries, retaining walls, etc, in accordance with this code and the City's engineering
requirements.
5. Grading of Site Back to Original Topography Grades. Basements shall be filled and
compacted to 90 percent as verified by a special inspector. "Structural fill" is defined as any
fill placed below structures, including slabs, where the fill soils need to support loads without
unacceptable deflections or shearing. Structural fill shall be clean and free draining, placed
above unyielding native site soils and compacted to a minimum of 90 percent modified
proctor, per ASTM D1557.
6. Temporary erosion control shall be installed and maintained per Chapter 18.30 ECDC.
D. Section 105.1.2, Annual permit records, is deleted.
E. Section 105.2, Work exempt from permit, is replaced as follows:
Exemptions from 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. It is the applicant's responsibility to comply with bulk
zoning code standards per ECDC Title 16 and storm water management provisions per
Chapter 18.30 ECDC. Permits shall not be required for the following unless required by the
Attachment D
provisions of ECDC Title 23 or limited or prohibited by the provisions of Chapter 19.10
ECDC:
1. Building (general):
(a) One (1) story detached accessory structures used as tool and storage sheds, playhouses and
similar uses; provided the floor area (including the exterior wall or post) does not exceed 120
square feet, with a maximum eave of thirty (30) inches.
(b) Fences not over six (6) feet high; provided a permit is not required by Chapter 17.30
ECDC.
(c) Movable cases, counters and partitions not over five (5) feet nine (9) inches high.
(d) Retaining walls 4 feet (1,219 mm) in height or less measured vertically from the finished
grade at the exposed toe of the retaining wall to the highest point in the wall, unless:
I. Supporting a surcharge; or
II. Impounding Class I, II, III -A liquids; or
III. Subject to the provisions of Chapter 23.50 ECDC or Chapter 23.80 ECDC.
(e) Rockeries. Construction of rockeries is limited as specified elsewhere in this code.
(f) Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons
and the ratio of height to diameter or width does not exceed two (2) to one (1).
(g) Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any
basement or story below and are not part of an accessible route, provided a permit is not
required by Chapter 18.60 ECDC.
(h) Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work.
(i) Temporary motion picture, television and theater stage sets and scenery.
0) Shade cloth structures constructed for nursery or agricultural purposes.
(k) Prefabricated swimming pools accessory to an occupancy in which the pool walls are
entirely above the adjacent grade and the capacity does not exceed 5,000 gallons. Hot tubs
and spas less than 5,000 gallons, completely supported by the ground.
(1) Grading less than fifty (50) cubic yards (placed, removed or moved within any 365-day
period) unless subject to the provisions of Chapter 23.50 ECDC or Chapter 23.80 ECDC.
(m) Repair of appliances which do not alter original approval, certification, listing or code.
(n) Replacement or adding new insulation with no drywall removal or placement.
(o) Replacement or repair of existing gutters or downspouts.
(p) The following types of signs are exempt from permit requirements except that dimensional
size and placement standards shall comply with Chapter 20.60 ECDC:
I. Replacing the panel on a previously permitted existing wall cabinet or pole sign,
II. Repainting an existing previously permitted wood sign,
III. Painted or vinyl lettering on storefront windows,
Attachment D
IV. Governmental signs, campaign signs, official public notices, and signs required by
provision of local, state, or federal law,
V. Temporary signs announcing the sale or rent of property and other tem-porary signs as
described in ECDC 20.60.080,
VI. Signs erected by the transportation authorities, and temporary seasonal and holiday
displays.
2. Mechanical:
(a) Portable heating, ventilation, cooling, cooking or clothes drying appliances.
(b) Replacement of any part that does not alter approval of equipment or make such
equipment unsafe.
(c) Portable fuel cell appliances that are not connected to a fixed piping system and are not
interconnected to a power grid.
(d) Steam, hot or chilled water piping within any heating or cooling equipment regulated by
this code.
(e) Portable evaporative cooler.
(f) Self-contained refrigeration systems containing ten (10) pounds or less of refrigerant or
that are actuated by motor of one (1) horsepower or less.
3. Plumbing:
(a) The stopping of leaks in drains, water, soil, waste or vent pipe, provided that the
replacement of defective material shall be done with new material and a permit obtained and
inspection made.
(b) Reinstallation or replacement of approved prefabricated plumbing fixtures that do not
involve or require the replacement or rearrangement of valves or pipes.
4. Residential permit exemptions:
In addition the following exemptions apply for single family dwellings:
(a) One (1) story detached accessory structures used as tool and storage sheds, playhouses and
similar uses; provided the floor area (including the exterior wall or post) does not exceed 200
square feet, with a maximum eave of twelve (12) inches and maximum height of fifteen (15)
feet. Vehicle storage structures, such as garages and carports, are not exempted.
(b) Window awnings supported by an exterior wall and do not project more than fifty-four
(54) inches from the exterior wall and do not require additional support. ECDC Title 23
provisions shall not apply to such awnings.
(c) Sport courts less than 2,000 square feet.
(d) Dock repair of individual decking members. ECDC Title 23 provisions shall not apply.
(e) Replacement or repair of existing exterior siding. ECDC Title 23 provisions shall not
apply-
(f) Replacement or repair of existing windows or doors provided; no alteration of structural
members is required, the replacement would not require installation of safety glazing, the
Attachment D
installation does not involve required egress windows. ECDC Title 23 provisions shall not
apply-
(g) Minor like -for -like drywall repairs not involving fire -rated assemblies.
(h) Replacement or repair of individual decking, joists, stair treads, or intermediate rails.
ECDC Title 23 provisions do not apply.
(i) Uncovered platforms, decks, patios, not exceeding 200 square feet in area, that are not
more than thirty (30) inches above grade at any point and do not serve the exit door required
by IRC Section R311.4.
0) Canopies, as defined in ECDC 17.70.035, accessory to a single family dwelling, with a
floor area measured to the exterior wall or post not to exceed 200 square feet, for covered
storage, carport or similar use.
(k) Reroof overlays. Overlays are not permitted over slate, clay or cement tiles, or where the
existing roof has two or more applications of any type of roofing.
F. Section 105.3.2, Time limitation of permit application, is amended to read:
1. Applications, for which no permit is issued within 180 days following the date of
application, 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.
2. The building official may extend the time for action by the applicant for a period not
exceeding 180 days prior to such expiration date.
3. No application shall be extended more than once for a total application life of 360 days
except as allowed within this section. In order to renew action on an expired application, the
applicant shall submit a new application, revised plans based on any applicable code or
ordinance change, and pay new plan review fees.
4. The Building Official may extend the life of an application if any of the following
conditions exist:
(a) Compliance with the State Environmental Policy Act is in progress; or
(b) Any other City review is in progress; provided, the applicant has submitted a complete
response to City requests or the Building Official determines that unique or unusual
circumstances exist that warrant additional time for such response and the Building Official
determines that the review is proceeding in a timely manner toward final City decision; or
(c) Litigation against the City or applicant is in progress, the outcome of which may affect the
validity or the provisions of any permit issued pursuant to such application.
G. Section 105.3.3, Fully complete application, is added and reads:
In accordance with the provisions of RCW 19.27.031 and 19.27.074, an applicant's rights
shall vest when a fully complete building permit application is filed. A fully complete
building permit application is an application executed by the owners of the property for which
the application is submitted or the duly authorized agent(s) for such owners, containing each
and every document required under the terms of these ordinances and the IBC and is
substantially complete in all respects. It is anticipated that minor changes or revisions may be
required and are frequently made in the course of any building application review process,
and such minor revisions or changes shall not keep an application from being deemed
complete if a good faith attempt has been made to submit a substantially complete application
containing all required components. Where required, the application and supporting
Attachment D
documents shall be stamped and/or certified by the appropriate engineering, surveying or
other professional consultants. A fully complete building permit application shall be
accompanied by all required intake fees, including but not limited to plan review fees required
under the provisions of this chapter and code.
H. Section 105.3.4, Concurrent review, is added and reads:
An applicant may submit an application for building permit approval and request plan review
services concurrently with, or at any time following, the submittal of a complete application
for any necessary or required discretionary permit approval or discretionary hearing;
provided, that any building permit application submitted concurrently with an application for
discretionary permit or approvals shall not be considered complete unless the applicant
submits a signed statement, on a form approved by the director, which acknowledges that the
building permit application is subject to any conditions or requirements imposed pursuant to
the review and approval of any necessary or required discretionary permit or approvals. The
applicant shall solely bear the risk of building permit submittal with discretionary permit
approval. If, after discretionary approval, the building permit plans are modified or amended
to comply with conditions or restrictions required by any discretionary permit or approval, the
applicant shall be solely responsible for any and all costs which result therefrom, including
but not limited to additional full plan review fees; provided further, that any applicant -
initiated changes made after the original plan review is complete shall also require payment of
full plan review fees.
I. Section 105.5, Permit expiration and extension, is amended to read:
1. Every permit issued under ECDC Title 19 shall expire by limitation 360 days after
issuance, except as provided in ECDC 19.00.025I(2).
2. The following permits shall expire by limitation, 180 days after issuance and may not be
extended, unless they are associated with a primary building permit for a larger construction
project, in which case they may run with the life of the primary permit:
Demolition permits;
Permits for Moving Buildings required by Chapter 19.60 ECDC;
Mechanical permits;
Tank removal, tank fill, or tank placement permits;
Grading, excavation and fill permits;
Water service line permits;
Plumbing permits;
Gas piping permits;
Deck and dock permits;
Fence permits;
Re -roof permits;
Retaining wall permits;
Swimming pool, hot tub and spa permits;
Attachment D
Sign permits;
Shoring permits;
Foundation permits.
3. Prior to expiration of an active permit the applicant may request in writing an extension for
an additional year. Provided there has been at least one (1) required progress inspection
conducted by the city building inspector prior to the extension, the permit shall be extended.
Permit fees shall be charged at a rate of one quarter the original building permit fee to extend
the permit.
4. If the applicant cannot complete work issued under an extended permit within a total period
of two (2) years, the applicant may request in writing, prior to the second year expiration, an
extension for a third and final year. Provided there has been at least one (1) required progress
inspection conducted by the city building inspector after the previous extension, the permit
shall be extended. Permit fees shall be charged at a rate of one quarter the original building
permit fee to extend the permit.
5. The maximum amount of time any building permit may be extended shall be a total of three
(3) years. At the end of any three (3) year period starting from the original date of permit
issuance, the permit shall become null and void and a new building permit shall be required,
with full permit fees, in order for the applicant to complete work. The voiding of the prior
permit shall negate all previous vesting of zoning or Building codes. Whenever an appeal is
filed and a necessary development approval is stayed in accordance with ECDC 20.06.030 the
time limit periods imposed under this section shall also be stayed until final decision.
6. The building official may reject requests for permit extension where he determines that
modifications or amendments to the applicable zoning and Building codes have occurred
since the original issuance of the permit and/or modifications or amendments would
significantly promote public health and safety if applied to the project through the issuance of
a new permit.
J. Repealed by Ord. 3926.
K. Section 107.3.3, Phased approval, is amended to read:
1. The building official may issue partial permits for phased construction as part of a
development before the entire plans and specifications for the whole building or structure
have been approved provided architectural design board approval has been granted and a fully
complete permit application for the entire building or structure has been submitted for review.
2. Phased approval means permits for grading, shoring, and foundation may be issued
separately, provided concurrent approval is granted by the planning manager, city engineer
and fire marshal, when applicable. No phased approval permit shall be issued unless approved
civil plans detailing the construction of all site improvements including, but not limited to:
curbs, gutters, sidewalks, paved streets, water lines, sewer lines, and storm drainage have been
signed as approved by the city engineer.
3. With such phased approval, a performance bond shall be posted with the city pursuant to
Chapter 17.10 ECDC, to cover the estimated cost of construction to city standards for the
improvements.
L. Seetie 110.3.3, Lowest esr flea-- eleya4ioa is amended to Fea4
Attachment D
ML. Section 113, Board of Appeals, is deleted and replaced by Chapter 19.80 ECDC.
NM. Section 501.2, Address Identification, is amended to read:
Approved numbers or addresses shall be installed by the property owner for new and existing
buildings in such a position as to be clearly visible and legible from the street or roadway
fronting the property. Letters or numbers on the building shall be a minimum six (6) inches in
height and stroke a minimum of .75 inch of a contrasting color to the building base color.
Where public or private access is provided and the building address cannot be viewed from
the public way, a monument, pole or other approved sign or means shall be used to identify
the structure. This means of premises identification does not preclude approved identification
also affixed to structure.
AN. Section 903.2 is amended to read:
Where Required. Approved automatic fire sprinkler systems in new buildings and structures
shall be provided in the locations described in Sections 903.2.1 through 903.2.13.
gO. Section 903.2.13 is added.
Automatic fire sprinkler systems shall be provided as required by ECDC 19.25.035A.
QP. Section 903.3.7 is amended to read:
Fire department connections shall be installed in accordance with Section 912 and ECDC
19.25.035B.
RQ. Section 907.2 is amended to read:
Where required — new buildings and structures. An approved fire alarm system installed in
accordance with this code and NFPA 72 shall be provided in new buildings and structures in
accordance with Sections 907.2.1 through 907.2.24 and provide occupant notification in
accordance with Section 907.5, unless other requirements are provided by another section of
this code.
8R. Section 907.2.24 is added.
Fire alarm and detection system shall be provided as required by ECDC 19.25.035C.
T. Seet on 1612. i i Residential Stmetures is added and ,ends:
i
. �eTsr:r_�s!stes _ .!tr!err_�:ennss�e!�:r_rers!tisr_�
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Attachment D
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VS. Section 3108.1.1, Radio, television and cellular communication related equipment and devices, is added and
reads:
A permit shall be required for the installation or relocation of commercial radio, television or
cellular tower support structures including monopoles, whip antennas, panel antennas,
parabolic antennas and related accessory equipment, and accessory equipment shelters
(regardless of size) including roof mounted equipment shelters.
WT. Section 3109.2, Applicability and maintenance, is added and reads:
1. Swimming pools, hot tubs and spas of all occupancies shall comply with the requirements
of this section and other applicable sections of this code.
2. It is the responsibility of the owner to maintain a swimming pool, hot tub or spa in a clean
and sanitary condition and all equipment shall be maintained in a satisfactory operating
condition when the swimming pool, hot tub or spa is in use. A swimming pool, hot tub or spa
that is neglected, not secured from public entry and/or not maintained in a clean and sanitary
condition or its equipment in accord with manufacturers recommendations shall be
determined to be a hazard to health and safety and shall be properly mitigated to the
satisfaction of the building official.
XU. Section 3109.3, Location and Setbacks, is added and reads:
Swimming pools, hot tubs and spas shall meet requirements of the zoning code of the city of
Edmonds.
1. Minimum setbacks are measured from property lines to the inside face of the pool, hot tub
or spa as required by the zoning code for accessory structures.
2. All other accessory buildings and equipment shall meet the normally required setbacks for
accessory structures in the zone in which they are located.
YV. Section 3109.4, Tests and cross -connection devices, is added and reads:
1. All swimming pool, hot tub and spa piping shall be inspected and approved before being
covered or concealed.
2. Washington State Department of Health approved cross connection devices are required to
be provided on potable water systems when used to fill any swimming pool, hot tub or spa.
ZW. Section 3109.5, Wastewater disposal, is added and reads:
A means of disposal of the total contents of the swimming pool, hot tub or spa (including
partial or periodic emptying) shall be reviewed and approved by the public works director.
1. No direct connection shall be made between any swimming pool, hot tub or spa to any
storm drain, city sewer main, drainage system, seepage pit, underground leaching pit, or sub-
soil drain.
2. A sanitary tee (outside cleanout installed on the main building side sewer line) shall be
provided for draining of treated water into the city sanitary sewer system.
AAX. Section 3109.9, Inspection requirements, is added and reads:
Attachment D
The appropriate city inspector shall be notified for the following applicable inspections:
1. Footing, wall, pre -form, pre-gunite, erosion control, underground plumbing, sanitary
extension and cleanout, mechanical pool equipment, gas piping, mechanical enclosure
location, cross connection and final inspection.
2. An initial cross connection control installation inspection is required by the city cross
connection control specialist prior to final installation approval.
3. All backflow assemblies shall be tested by state certified backflow assembly testers upon
initial installation and then annually thereafter. Copies of all test reports shall be submitted to
the city water division for review and approval.
13HY. Appendix E, Accessibility Requirements, is amended by deleting Sections E107, E108, E110 and E111.
GQ Appendix G, Flood Resistai4 Caastr-uetiefi, is amended by addition of a new .
Section G301.1(4) 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
pro posed developments which con4ain at least 50 lots or 5 acres, whichever- is le
DDZ. Appendix H, Signs, is amended as follows:
1. Section H101.2, Signs exempt from permits, is replaced by subsection (E)(1)(p) of this section
2. Section H101.2.1, Prohibited signs, is added and reads as follows:
a. 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. All signs not expressly permitted by Chapter 20.60 ECDC.
c. Signs which the city engineer determines to be a hazard to vehicle or pedestrian traffic
because they resemble or obscure a traffic control device, or pose a hazard to a pedestrian
walkway or because they obscure visibility needed for safe traffic passage. Such signs shall be
immediately removed at the request of the city engineer.
d. All signs which are located within a public right-of-way and that have been improperly
posted or displayed are hereby declared to be a public nuisance and shall be subject to
immediate removal and confiscation per ECDC 20.60.090.
3. Sections H104, Identification, H106.1.1, Internally illuminated signs, H107, Combustible materials, H108,
Animated devices, H109.1, Height restrictions, and H110, Roof signs, are deleted. [Ord. 4154 § 9 (Art. D),
2019; Ord. 4111 § 2 (Exh. 2), 2018; Ord. 4029 § 1 (Att. A), 2016; Ord. 4026 § 2 (Att. B), 2016; Ord. 3926 § 1
(Exh. A), 2013; Ord. 3845 § 6, 2011; Ord. 3796 § 1, 2010].
Everett Daily herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Dicy Sheppard being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH900174 ORD 4188 as it was
published in the regular and entire issue of said
paper and not as a supplement form thereof for
a period of 1 issue(s), such publication
commencing on 06/05/2020 and ending on
06/05/2020 and that said newspaper was
regularly distributed to its subscribers during all
of said period.
The amount of the fee or such publi a[ion is
$32.58.
Subscribed and sworn ore me on this
day of
Linda i'hifN s %V q
�araryp ii
state al 1 �bfrc
MyAAAflant<mrfrrlhinpto�
iraIIrJ91gµi207;
Not, P+xblic in and for the State of
Washington.
City of Edmonds -LEGAL ADS 114101416
SCOTT PASSEY
Classified Proof
SUM WZY gf ORD1NANCE N0.4186
4a d n a$ ng or
On the 2hd of Jurro, 2020.mothe City Councx of the City of
Edmonds, peeled Ordnance No. 41a& A summafy of the content
of setd ordinance, cans1s11rg of the Sipe, pr6Wdes as follows:
AN pRDINAICE [Sf THE f,;{l'Y OF EOM4NDS,
WASHINGTON, AMENDING THE EDMONDS COMMUNITY
DEVELOPMENT CODE TO ADOPT FLOGGPEAIN
MANAGEMENT MEASURES THAT ARE REQUIRED TO
CONTINUE THE CITY'S PARTICIPATION IN THE NATIONAL
FLOOD INSURANCE PROGRAM, DECLARING AN
EMERGENCY NECESSITATING IMMEDIATE ADOPTION
AND EFFECTIVENESS OF THIS INTERIM 2ON1NG
ORDINANCE
The futi text of Inls Ordnance will be mailed upon request.
DATED this 2nd day of June. 2020.
CITY CLERK. ¢COTT PASSEY'
Published: June 5, 2020. EDH900174
Proofed by Sheppard, Dicy, 06/05/2020 09:35:07 am Page: 2