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Ordinance 4199ORDINANCE NO.4199 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE EDMONDS COMMUNITY DEVELOPMENT CODE TO ADOPT AND READOPT FLOODPLAIN MANAGEMENT MEASURES THAT ARE REQUIRED TO CONTINUE THE CITY'S PARTICIPATION IN THE NATIONAL FLOOD INSURANCE PROGRAM AND REPEALING INTERIM ORDINANCE 4188 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 became 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 was required to approve the legally enforceable floodplain management measures that the City of Edmonds adopted in accordance with Title 44 Code of Federal Regulations, Section 60.3(e); and WHEREAS, the adoption of compliant floodplain management measures provided protection for the City of Edmonds and ensured 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 had 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; 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 enabled the City to avoid suspension from the NFIP; and WHEREAS, on June 2, 2020, pursuant to RCW 36.70A.390, Ordinance 4188 was adopted as an interim ordinance on an emergency basis; and WHEREAS, Ordinance 4188 took effect immediately on June 2, 2020 and contained a sunset clause stating that the ordinance would cease to have effect after 180 days; and WHEREAS, the Planning Board reviewed the updated Flood Damage Prevention regulations at its August 12, 2020 meeting and held a public hearing on the draft regulations on September 9, 2020; and WHEREAS, the Planning Board forwarded a recommendation to the City Council to adopt the Flood Damage Prevention Chapter 19.07 ECDC as provided in Exhibit A, hereto; and and WHEREAS, no changes are recommended to be made to Exhibits B, C, and D hereto; and WHEREAS, Exhibits B, C, and D hereto are being readopted here without a sunset clause; WHEREAS, the city council held a public hearing on the updated Flood Damage Prevention regulations on October 20, 2020; 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-etigh). 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 ). 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 stfike thfo g ). Section 5. Repealer. Ordinance 4188 is hereby repealed and shall have no further effect as of the effective date of this ordinance. Section 6. 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 7. Effective Date. 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. APPROVED: M OR MIKE NELSON ATTEST/AUTHENTICATED: 5 3 CI LERK, SC OTT PA EY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFF TARADAI' FILED WITH THE CITY CLERK: October 23, 2020 PASSED BY THE CITY COUNCIL: October 27, 2020 PUBLISHED: October 30, 2020 EFFECTIVE DATE: November 5, 2020 ORDINANCE NO. 4199 SUMMARY OF ORDINANCE NO.4199 of the City of Edmonds, Washington On the 27th day of October, 2020, the City Council of the City of Edmonds, passed Ordinance No. 4199. 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 AND READOPT FLOODPLAIN MANAGEMENT MEASURES THAT ARE REQUIRED TO CONTINUE THE CITY'S PARTICIPATION IN THE NATIONAL FLOOD INSURANCE PROGRAM AND REPEALING INTERIM ORDINANCE 4188 The full text of this Ordinance will be mailed upon request. DATED this 27th day of October, 2020. 5 - CI ERK, SCO SEY 5 Attachment A Chapter 19.07 FLOOD DAMAGE PREVENTION 19.07.000 Purpose 19.07.010 Applicability 19.07.020 Definitions 19.07.025 Administration 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 19.07.065 Changes to Special Flood Hazard Areas 19.07.070 Anchoring 19.07.080 Subdivision Proposals and Development 19.07.090 Manufactured Homes 19.07.095 General Requirements for Other Development 19.07.100 All Other Building Standards apply 19.07.110 Variance 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. Page 1 of 12 Attachment A 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 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 5t" 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. Basement: Any area of the building having its floor sub -grade (below ground level) on all sides. F. 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. G. 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. H. 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 (LOMR-F). I. 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 Page 2 of 12 Attachment A 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, 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. J. 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). K. 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). L. Floodplain or flood -prone area: Any land area susceptible to being inundated by water from any source. See "Flood or flooding." M. Floodplain administrator: The building official is designated to administer and enforce the floodplain management regulations. N. 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. O. 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. P. Functionally dependent use: A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long term storage or related manufacturing facilities. Q. 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. R. Highest adjacent grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. S. Historic structure: Any structure that is: Page 3 of 12 Attachment A 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 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. T. Lowest Floor: 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 ordinance (i.e. provided there are adequate flood ventilation openings). U. Manufactured Home: 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 attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." V. 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. W. 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. X. Start of construction: Includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. 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 foundations 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. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Page 4 of 12 Attachment A Y. 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. Z. Substantial Damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the replacement cost of the structure before the damage occurred. AA. Substantial improvement: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage," regardless of the actual repair work performed. The term does not include any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." BB. Variance: A grant of relief by a community from the terms of a floodplain management regulation. CC. Water surface elevation: The height, in relation to the vertical datum utilized in the applicable flood insurance study of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. 19.07.025 Administration A. Establishment of a Development Permit Development Permit Required. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 19.07.010. The permit shall be for all structures including manufactured homes, as set forth in the "Definitions," and for all development including fill and other activities, also as set forth in the "Definitions." Application for Development Permit. Application for a development permit shall be made on forms furnished by the floodplain administrator 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: a. Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures recorded on a current elevation certificate with Section B completed by the floodplain administrator. b. Elevation in relation to mean sea level to which any structure has been floodproofed; c. Where a structure is to be floodproofed, certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet floodproofing criteria in Section 5.2-2; Description of the extent to which a watercourse will be altered or relocated as a result of proposed development; e. Where a structure is proposed in a V, V1-30, or VE zone, a V-zone design certificate; and f. Any other such information that may be reasonably required by the floodplain administrator in order to review the application. B. Designation of the floodplain administrator. Page 5 of 12 Attachment A The building official is hereby appointed to administer, implement, and enforce this ordinance by granting or denying development permits in accordance with its provisions. The floodplain administrator may delegate authority to implement these provisions. C. Duties and Responsibilities of the floodplain administrator shall include, but not be limited to: 1. Permit Review. Review all development permits to determine that: a. The permit requirements of this ordinance have been satisfied; b. All other required state and federal permits have been obtained; c. The site is reasonably safe from flooding; d. Notify FEMA when annexations occur in the Special Flood Hazard Area. 2. Use of Other Base Flood Data in A and V Zones. When base flood elevation data has not been provided (in A or V zones) in accordance with Section 19.07.010, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation data available from a federal, state, or other source, in order to administer this chapter. 3. Information to be Obtained and Maintained. a. Where base flood elevation data is provided through the FIS, FIRM, or required as in Section 19.07.025.C.2, obtain and maintain a record of 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. b. Obtain and maintain documentation of the elevation of the bottom of the lowest horizontal structural member in V or VE zones. c. For all new or substantially improved floodproofed nonresidential structures where base flood elevation data is provided through the FIS, FIRM, or as required in Section 19.07.025.C.2: d. Obtain and maintain a record of the elevation (in relation to mean sea level) to which the structure was floodproofed. e. Maintain the floodproofing certifications required in Section 19.07.025.A. f. Records of all variance actions, including justification for their issuance. g. Improvement and damage calculations. h. Maintain for public inspection all records pertaining to the provisions of this chapter. 4. Alteration of Watercourse. Whenever a watercourse is to altered or relocated: a. Notify adjacent communities and the Department of Ecology prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administrator through appropriate notification means, b. Assure that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained. Page 6 of 12 Attachment A 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: Any residential or commercial structure located in a flood hazard area, that is destroyed, damaged or demolished in an amount equal to 50 percent or more of its replacement cost at the time of destruction, shall not be reconstructed except in full conformance with all provisions of this chapter and other local, state and federal regulations. 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: 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. Any residential or commercial structure located in a flood hazard area, that is destroyed, damaged or demolished in an amount equal to 50 percent or more of its replacement cost at the time of destruction, shall not be reconstructed except in full conformance with all provisions of this chapter and other local, state and federal regulations. 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: Page 7 of 12 Attachment A 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). B. Expansion or reconstruction of an existing structure that is no greater than 10% beyond its existing footprint. 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. F. 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). 19.07.060 Review of Building Permits Where elevation data is not available either through the FIS, FIRM, or from another authoritative source (Section 19.07.025.C.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. 19.07.065 Changes to Special Flood Hazard Areas (SFHA) A. If a project will alter the BFE or boundaries of the SFHA, then the project proponent shall provide the community with engineering documentation and analysis regarding the proposed change. If the change to the BFE or boundaries of the SFHA would normally require a Letter of Map Change, then the project proponent shall initiate, and receive approval of, a Conditional Letter of Map Revision (CLOMR) prior to approval of the development permit. The project shall be constructed in a manner consistent with the approved CLOMR. B. If a CLOMR application is made, then the project proponent shall also supply the full CLOMR documentation package to the floodplain administrator to be attached to the floodplain development permit, including all required property owner notifications. 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. Page 8 of 12 Attachment A 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: 1. Outside of a manufactured home park or subdivision, 2. In a new manufactured home park or subdivision, 3. In an expansion to an existing manufactured home park or subdivision, or 4. 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. 19.07.095 General Requirements for Other Development All development, including manmade changes to improved or unimproved real estate for which specific provisions are not specified in this ordinance or the state building codes with adopted amendments and any lcommunity name} amendments, shall: A. Be located and constructed to minimize flood damage; B. Be anchored to prevent flotation, collapse, or lateral movement resulting from hydrostatic loads, including the effects of buoyancy, during conditions of the design flood; C. Be constructed of flood damage -resistant materials, and D. Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, except that minimum electric service required to address life safety and Page 9 of 12 Attachment A electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations. 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. 19.07.110 Variance A. General The variance criteria set forth in this section of the ordinance are based on the general principle of zoning law that variances pertain to a piece of property and are not personal in nature. A variance may be granted by the City's floodplain administrator for a parcel of property with physical characteristics so unusual that complying with the requirements of this ordinance would create an exceptional hardship to the applicant or the surrounding property owners. The characteristics must be unique to the property and not be shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners. It is the duty of the City of Edmonds to help protect its citizens from flooding. This need is so compelling and the implications of the cost of insuring a structure built below the Base Flood Elevation are so serious that variances from the flood elevation or from other requirements in the flood ordinance are quite rare. The long-term goal of preventing and reducing flood loss and damage can only be met if variances are strictly limited. Therefore, the variance guidelines provided in this ordinance are more detailed and contain multiple provisions that must be met before a variance can be properly granted. The criteria are designed to screen out those situations in which alternatives other than a variance are more appropriate. B. Requirements for Variances 1. Variances shall only be issued: Upon a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; b. For the repair, rehabilitation, or restoration of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure; c. Upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief; d. Upon a showing of good and sufficient cause; Upon a determination that failure to grant the variance would result in exceptional hardship to the applicant; Page 10 of 12 Attachment A f. Upon a showing that the use cannot perform its intended purpose unless it is located or carried out in close proximity to water. This includes only facilities defined in ECDC 19.07.020 of this chapter in the definition of "Functionally Dependent Use." Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the BFE, provided the provisions of this chapter have been fully considered. As the lot size increases beyond one-half acre, the technical justification required for issuing the variance increases. C. Variance Criteria In considering variance applications, the floodplain administrator shall consider all technical evaluations, all relevant factors, all standards specified in other sections of this ordinance, and: 1. The danger that materials maybe swept onto other lands to the injury of others; 2. The danger to life and property due to flooding or erosion damage; 3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 4. The importance of the services provided by the proposed facility to the community; 5. The necessity to the facility of a waterfront location, where applicable; 6. The availability of alternative locations for the proposed use, which are not subject to flooding or erosion damage; 7. The compatibility of the proposed use with existing and anticipated development; 8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; 9. The safety of access to the property in time of flood for ordinary and emergency vehicles; 10. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters expected at the site; and, 11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities, such as sewer, gas, electrical, water system, and streets and bridges. D. Additional Requirements for the Issuance of a Variance 1. Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that: a. The issuance of a variance to construct a structure below the BFE will result in increased premium rates for flood insurance coverage, and b. Such construction below the BFE increases risks to life and property. 2. The floodplain administrator shall maintain a record of all variance actions, including justification for their issuance. The floodplain administrator shall condition the variance as needed to ensure that the requirements and criteria of this chapter are met. Page 11 of 12 Attachment A 4. Variances as interpreted in the NFIP are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from flood elevations should be quite rare. E. Appeals Appeals of a variance from the provisions of this chapter shall be appealable in accordance with Chapter 19.80 ECDC. Page 12 of 12 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 o Flood u...,a fd(g)m T�option 3,126,174. FWA4 maps l'�-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_� !. Attachment D j:RZVOP Mm�ffl� 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].