Ordinance 26610006.04034
WSS : imm
O1/27/88
R: 02/29/88naa
ORDINANCE NO. 2661
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING 19.00.010(I) AS IT RELATES TO SITE
STABILITY; REPEALING 19.00.020 AND ENACTING
CHAPTER 19.05 IN ITS PLACE, BOTH RELATING TO
EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREAS BY
ESTABLISHING SUBSTANTIVE AND PROCEDURAL REQUIRE-
MENTS FOR PERMIT ISSUANCE AND FIXING A TIME WHEN
THE SAME SHALL BE EFFECTIVE.
WHEREAS, within the City of Edmonds and within the
neighborhood known as Meadowdale, there exists an area with a
geologic history of earth subsidence and landslide hazard; and
WHEREAS, this area was annexed to the City of Edmonds in
1963; and
WHEREAS, during the period for which historical data is
available numerous small and large scale slides have occurred;
and
WHEREAS,
professional
geologic
and engineering
consultants have
advised the City
that there
is a danger of three
distinct types of land slides and earth movement: small scale
sloughing susceptible of correction as a landscaping feature,
localized earth movement which effects property on a lot -by -lot
basis and deep-seated earth rotational or large scale failure;
and
WHEREAS, individual property owners can practically
address sloughing and small scale earth movement, but may not
prevent or address deep-seated or large scale earth failure by
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the construction of structures on standard building lots, and
WHEREAS, following the installation of $2,000,000 worth
of publicly financed storm sewerage and other public works
improvements designed to reduce the risk of earth movement and
upon receiving the report of its consultant that the risk had
been reduced five -fold, the City lifted a moratorium on building
permits and is in the process of reviewing applications for
permit; and
WHEREAS, the City has been advised by official
representatives of the International Council of Building
Officials that building permits should not be issued under the
Uniform Building Code for any lot that is not "stable" or cannot
be made "stable"; and
WHEREAS, pursuant to RCW Chapter 19.27, the City of
Edmonds had made a request to the State Building Code Council for
an opinion defining lot "stability" in accordance with the
Uniform Building Code and such opinion request was denied; and
WHEREAS, nowhere within the Uniform Building Code,
adopted by the City pursuant to State statute, does a definition
of lot "stability" appear; and
WHEREAS, the City of Edmonds wishes to comply with the
provisions of the Uniform Building Code but also wishes to
enforce such code with reasonable certainty in a non-
discriminatory manner; and
WHEREAS, the City Council finds that the purpose and
intent of the Uniform Building Code is to review construction on
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a lot -by -lot basis; and
WHEREAS, the City Council wishes to adopt standards
which require lot owners to address those problems which are
correctable on a lot -by -lot basis and to give clear public notice
of any scientifically ascertainable hazard which may exist with
respect to a lot, which is not unreasonably dangerous to the
public at large and the owner of the lot, but which cannot be
reasonably mitigated by the lot owner; NOW, THEREFORE,
THE CITY COUNCIL OF EDMONDS, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. ECDC 19.00.010(i) Hazardous Sites is hereby
amended to read as follows:
19.00.010 Permit Issuances
i. Hazardous Sites. Building grading and excavation
permits for construction on land which the
Community Service's Director finds to be unsuitable
for improvement due to flooding or inadequate
drainage for the plans submitted, shall be
denied. In making this determination, the Director
shall consider not only the land which is the
subject of the application, but in addition, the
surrounding area which would be adversely effected
if the permit were granted.
Section 2. ECDC 19.00.020 is hereby repealed and in its
place adopted a new Chapter 19.05 to be entitled Building Permits
- Earth Subsidence and Landslide Hazard Areas, to read as
follows:
19.05
BUILDING PERMITS - EARTH SUBSIDENCE AND LANDSLIDE.
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19.05.000 Preamble - Statement of Pur ose. This
chapter has been enacted in order to provide both
substantive and procedural provisions relating to the
issuance of permits within earth subsidence and
landslide hazard areas of the City. It shall be the
policy of the City that no permit shall be issued for
any site which is found to be unsuitable for improvement
due to excessively steep slopes, unsatisfactory
foundation support, instability or unsuitable topography
for the particular permit requested for issuance. When
the site cannot be rendered safe or stable, an
unreasonable risk of danger may exist to the public, to
public improvements or to adjacent property owners. If
such a site can be stabilized through the construction
of on -site improvements, that risk may be reduced.
It is recognized, however, that there may be sites
within the City, particularly within well-known and
described earth subsidence and landslide hazard areas,
where the risk of deep-seated or large scale movement
has been limited to the extent possible by modern
engineering methods by the construction of public
improvements at the expense of the area property
owners. Within these areas the risk of earth movement
has been reasonably well defined and has been reduced to
the extent practicable by public improvements. There
may be nothing within the bounds of practicability which
may be done by individual lot owners to further reduce
the risk. Further, the construction of professionally
designed residences with such risks of earth movement in
mind, employing all feasible attendant measures
(including but not limited to drainage improvements,
specially designed foundations, retaining walls, removal
of over burden and other improvements designed to
minimize the risk of earth movement, prevent avoidable
damage to structures, safeguard adjacent properties,
limit risk to inhabitants, and to stabilize the
structure in the event of movement) will further reduce
the risk of earth movement.
The Uniform Building Code as promulgated by the State of
Washington and required to be adopted by the City does
not specify a standard regarding lot stability. Since
the City's request for an interpretation of the Uniform
Building Code by the State Building Code Council to
designate an acceptable level of lot stability has been
denied, and because the City wishes to comply with State
law requiring that the issuance of building permits be a
ministerial and not a discretionary act, the provisions
of this chapter have been adopted in order to provide
reasonable certainty in the permit issuance process.
The purpose of these provisions is not to lessen the
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minimum requirements of the Uniform Building Code, but
rather to define its requirements for City
implementation.
These provisions have been adopted in order to establish
a policy that permits shall not be issued for any site
where a risk of earth subsidence and landslide hazard
exist unless:
A. The risk can be defined with reasonable scientific
certainty and found to be within acceptable limits
as determined in accordance with this chapter;
B. Where any hazard associated with the site is
scientifically ascertained and fully disclosed
through this process;
C. Notice is given of said risk through the land
records of Snohomish County to all future
purchasers;
D. All risks associated with construction and
habitation is assumed by the builder and all future
owners of the site;and
E. Adequate indemnification and insurance is provided
by the builder and current and future owners of the
property in order that the general public not
assume or bear any portion of the costs or
liability associated with said construction.
19.05.010 Application of Chapter. Notwithstanding any
contrary provision of these ordinances or the Uniform
Building Code, all applications for permits received for
any site, any portion of which lies within an earth
subsidence and landslide hazard area, shall be governed
by the provisions of this chapter. In addition to all
other requirements of these ordinances, the restrictions
and provisions of this chapter shall apply to all
building, grading, fill and excavation permits (herein
"permits").
A. All applications for permits shall disclose on
their face whether or not they lie within an earth
subsidence and landslide hazard area. The Building
Official may require preliminary investigation by
any applicant whose property lies within or
adjacent to a known hazard area, an environmentally
sensitive area, an area with steep slopes or
unusual topography or which has a history of earth
movement in order to assist the Building Official
in determining whether these provisions should be
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applied.
B. Certain provisions of this chapter shall be limited
in their application to single family residential
structures whether built singly or through a
Planned Residential Development (PRD). The purpose
of that limitation is not to discriminate against
multi -family structures and other forms of
commercial development but to provide adequate
notice of any risk associated with the structure to
the owners thereof as well as their lessees and
business invitees Since lessees and business
invitees will ordinarily not, in the normal course
of events, resort to review of the land records of
Snohomish County prior to leasing a residence or
prior to making a decision whether to shop or
otherwise patronize a commercial establishment, the
property owner's ability to provide adequate notice
of the risk associated with occupancy of a
structure these regulations is impaired.
Therefore, certain provisions of these ordinances
shall not be applicable to buildings other than
single family residences.
C. RCW 19.27.060 provides that while cities may amend
the codes adopted by RCW 19.27.031 as they apply to
the respective jurisdictions, such amendments shall
not result in a code that is less than the minimum
performance standards and objectives contained in
the State Building Code nor shall any amendment be
effected which affects single family or multi-
family residential buildings until the amendment is
approved by the State Building Code Council in
accordance with the procedures of RCW
19.27.074(1)(b). Accordingly, the amendments
adopted in this chapter as well the provision
amending ECDC 19.00.000(i), shall not be effective
and the former provisions previously codified as
19.00.000(I) and 19.00.020 as the same existed upon
the date of enactment of this ordinance shall
remain in full force and effect until such time as
the City Clerk receives notification from the State
Building Code Council of its review and approval of
these provisions. In the event that such approval
is not given, the City Clerk is directed to provide
notice to the Council in order that this ordinance
may be repealed. until such time as approval is
given, these provisions shall not be codified as
part of this City's Community Development Code, but
rather shall be held in abeyance pending said
approval.
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D. Nothing in this chapter should or shall be
interpreted to guarantee issuance of a permit with
respect to any property unless the requirements of
the Uniform Building Code as amended and
interpreted by this chapter have been met.
19.05.020 Definitions. The following terms, when used
within this chapter shall have the following
definitions.
A. "Architect" shall mean a person licensed to
practice architecture by the State of Washington.
B. "Building Official" shall mean the Building
Official of the City of Edmonds.
C. "Director" shall mean the Director of Community
Services as well as any authorized representative
of the Director or consultant hired by the
Director.
D. "Earth Subsidence and Landslide Hazard Area" shall
mean any area of the City which, by reason of
excessively steep slopes, unsatisfactory foundation
support, stability or topography has a risk of
earth subsidence and landslide hazard in excess of
normal allowances. The 1979 report of Roger Lowe
Associates, as amended by the 1985 report of
Geoengineers, Inc., and the landslide hazard maps
established as a part of said reports, are
incorporated by this reference and made a part of
this chapter as fully as if herein set forth.
Areas designated on said maps as having a risk of
earth subsidence or landslide hazard, areas with
slopes greater than 15%, areas which exhibit
geologic characteristics of earth movement, or any
other area identified as having a history of earth
movement shall be presumed to have such risk and
shall be considered to be Earth Subsidence and
Landslide Hazard Areas. This presumption shall be
rebuttable and the decision of the Director or
Building Official that any area lies within such
Earth Subsidence and Landslide Hazard Area shall be
appealable as a staff decision in accordance with
provisions of ECDC 20.105.010 (A)(3). Copies of
the reports and maps shall be maintained in the
offices of the City Clerk, the Planning Department,
and with the Building Official and shall be
available for inspection during all normal working
hours. Individual copies of the reports and map
may be obtained by the public upon the payment of
the cost of reproduction. Nothing herein shall
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relieve an owner of the obligation to take all
reasonable and practical measures available to
reduce or eliminate the risk or hazard.
E. "Geologist" means a person who has earned a degree
in geology from an accredited college or university
and has at least five years of experience as a
practicing geologist or four years of experience
and at least two years of post -graduate study,
research or teaching. The practical experience
shall include at least three years work in applied
geology and landslide evaluation in close
association with qualified practicing geologists
and geotechnical/civil engineers.
F. "Geotechnical Engineer" means a practicing,
geotechnical/civil engineer licensed as a
professional civil engineer in the state of
Washington who has at least four years of
professional employment as a geotechnical engineer
in responsible charge, including experience with
landslide evaluation.
G. "Land Surveyor" means a person who holds a
Washington State Land Surveyor's license.
H. "Site" means the entire areas within the
boundaries, as described in a legal description, of
the property that is to be developed.
I. "Structural Engineer" means a person licensed to
practice structural engineering by the State of
Washington.
J. "Stable" shall mean that the risk of damage to the
proposed development, or to adjacent properties,
from soil instability shall be minimal subject to
the conditions set forth in the reports developed
under the requirements of ECDC 19.05.030; and the
proposed development will not increase the
potential for soil movement. In the event that any
site has an underlying risk of movement based upon
deep-seated earth movement or large scale earth
failure which is not susceptible of correction by
on -site improvements, such hazard shall not render
a site proposed for single-family residences to be
presumed unstable for the purpose of this provision
if the risk ❑f probability of earth movement is
measured at 30% or less within a 25 year period and
this hazard, along with all measures taken to
correct or reduce it are fully disclosed in the
covenant required to be executed in accordance with
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provisions of this chapter, in which case the
defined risk may be approved as an acceptable
condition.
19.05.030 Required Application Submissions. The owner
shall provide a vicinity map suitable for locating the
site, topographic map, a geotechnical report,
declarations, detailed plans and specifications,
including review by the geotechnical engineer, bonds,
letters of credit, and/or public liability insurance in
accordance with the requirements stated below. The
application format shall include the statement that the
accuracy of all information is warranted by the owner in
a form which relieves the City and its staff from any
liability associated with reliance on such submittals.
While an application may reference the reports of prior
public consultants to the City, all conclusions shall be
those of the applicant and his or her professionals.
A. Topographic Ma2- The topographic map shall be
prepared by a licensed land surveyor prior to
studies and evaluations by the geotechnical
engineer and shall show:
1. North arrow and scales;
2. Existing contour lines, 2 foot to 5 foot
intervals as needed to show significant
topographic features with City of Edmonds'
datum properly noted;
3. Property lines;
4. Existing physicial features including all
existing structures;
5. Approximate distances between existing
structures on the site and existing structures
on adjacent sites (all adjacent sites which
could affect or be affected by the proposed
development shall be shown);
6. Lower floor and footing evaluations of
existing structures ❑n the property and on
adjacent properties to the extent that such
information is reasonable available;
7. The location of existing sanitary sewers,
storm water drainage facilities, septic tanks,
drain fields, and other sewer/drainage
facility components on and adjacent to the
site to the extent such information is
reasonably available;
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8. The location of all existing underground
utilities on and adjacent to the site,
including, but not limited to telephone, cable
television, gas, electric and water utilities,
vaults, fire hydrants and other cables, wires,
meters and pipes to the extent that such
information is available; and
9. Proposed contours shall be added to the
topographic map by the architect or structural
engineer.
B. Geotechnical Report. The owner shall be
responsible to submit a geotechnical report. The
owner shall retain a geotechnical engineer to
prepare a report and evaluation of the subsurface
soil conditions on the site. The geotechnical
report and completed site evaluation checklist
shall be prepared in accordance with generally
accepted geotechnical practices, under the
supervision of and signed and stamped by the
geotechnical engineer. Where appropriate, a
geologist shall be included as a part of the
geotechnical consulting staff. The report shall
discuss all items listed in the site evaluation
checklist and shall make specific recommendations
concerning development of the site. A site
evaluation checklist shall be adopted at the
direction of the Director and shall be provided to
all persons inquiring regarding building permit
applications or development permits in an earth
subsidence and landslide hazard area. If any item
in the checklist is inapplicable to a particular
project, the report shall provide sufficient
information to demonstrate why the item is
inapplicable.
1. The opinions and recommendations contained in
the report shall be supported by field
observations and, where appropriate or
applicable, by literature review, conducted by
the geotechnical engineer who shall include
appropriate explorations, such as borings or
test pits, an analysis of soil characteristics
conducted by or under the supervision of the
engineer in accordance with the standards
adopted by American Society of Testing and
Materials or other applicable standards. If
the evaluation involves geologic evaluations
or interpretations, the report shall be
reviewed and approved by a geologist. It
shall be the responsibility of the
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geotechnical consultant to assure that the
geologist meets the qualifications listed in
the definition section.
2. Reports shall address comments received from
the public in general and governmental
agencies concerning the geotechnical and other
aspects of the proposed development as
developed through the SEPA checklist and
review process. The Director may require such
supplements or amendments to the reports as
are needed to develop a reasonably
comprehensive understanding of the soil
conditions on the site.
C. Notice of application for the permit shall be
conspicuously posted and maintained on the site at
each street frontage at the applicant's expense and
direction. All application files shall be public
records open to inspection provided that unique
architectural designs shall be considered the work
product of the applicant and shall not be copied
without the specific ordered direction of a court
of competent jurisdiction. Notice of permit
issuance shall be conspicuously posted as above
required and upon posting a ten (10) day appeal
period shall commence. Such appeals shall be to
the Snohomish County Superior Court by writ of
mandamus, and no other appeal shall be permitted.
19.05.050 Disclosures, Declarations, Covenants and
Waivers. The owner shall submit a complete set of plans
and specifications for the proposed development. It
shall be the responsibility of the owner to submit,
consistent with the findings of the geotechnical report,
structural plans which were prepared and stamped by the
structural engineer. The plans and specifications shall
be accompanied by a letter from the geotechnical
engineer who prepared the geotechnical report stating
that in his/her judgment, the plans and specifications
conform to the recommendations in the geotechnical
report and that the risk of damage to the proposed
development, or to adjacent properties, from soil
instability will be minimal subject to the conditions
set forth in the report; and the proposed development
will not increase the potential for soil movement. When
the proposed evaluation of site stability is for a
single family residence, the statement shall include as
a condition an evaluation setting forth the statistical
probability of earth movement within a 25 year period,
the susceptability of the risk or hazard to correction
by on -site improvements and the measures taken to
mitigate the risk or hazard.
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A. Further recommendations signed and sealed by the
geotechnical engineer shall be provided should
there be additions or exceptions to the original
recommendations based on the plans, site conditions
or other supporting data. If the geotechnical
engineer who reviews the plans and specifications
is not the same engineer who prepared the
geotechnical report, the new engineer shall, in a
letter to the director accompanying the plans and
specifications, express his or her agreement or
disagreement with the recommendations in the
geotechnical report and state that the plans and
specifications conform to the new recommendations.
B. The architect or structural engineer shall submit
to the Building Official with the plans and
specifications, a letter or notation on the design
drawings at the time of permit application stating
that he or she has reviewed the geotechnical
reports, understands its recommendations, has
explained or has had explained to the owner the
risk of loss due to slides on the site, and has
incorporated into the design the recommendations of
the report and established measures to reduce the
potential risk of injury or damage that might be
caused by any earth movement predicted in the
report.
C. The applicant and the owner of the site, if the
owner is not the applicant, shall submit a letter
to the Building Official with the plans and
specifications, stating that he or she understands
and accepts the risk of developing in an area with
potential unstable soils and that he or she will
advise, in writing, any prospective purchasers of
the site, or any prospective purchasers or
residential leasees of structures or portions of a
structure on the site, of the slide potential of
the area.
D. The owner shall execute a covenant, in a form
provided by the Director, and shall provide the
Building Official with the necessary fee to
complete filing of the completed covenant with the
Snohomish County Auditor. The Director shall cause
such completed covenant to be so filed. A copy of
the recorded covenant shall be forwarded to the
owner. This covenant shall be a covenant running
with the land, which shall at a minimum include:
1. A legal description of the property;
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2. A statement: (a) explaining that the site is
in a potential slide area; (b) that the risk
associated with the development of the site is
set forth in file # with the City of
Edmonds Building Department; (c) that
conditions or prohibitions on development may
have been imposed by the City in the course of
permit issuance; and (d) referencing of any
features in the design which will require
maintenance or modification to address
anticipated soil changes. The covenant may
incorporate by reference the statements and
conditions to be in the form proposed by the
owner's geotechnical engineer, geologist,
architect and/or structural engineer as
approved after the review set forth in
19.05.060.
3. A statement waiving and promising to indemnify
and hold harmless the City of Edmonds, its
officers and employees from any claims the
owner and his/her successors or assigns may
have for any loss or damage to people or
property either on or off the site resulting
from soil movement and arising from or out of
the issuances of any permit(s) authorizing
development on the site;
4. Requirements for continuous insurance as
required by the permit authorizing the
development (if any); and
5. The date of issuances and number of permit
authorizing the development.
19.05.050 Bonds and Public Liability Insurance.
Whenever the Director determines that the public
interest would not be served by the issuance of a permit
in a potential slide area without assurance of a means
of providing for restoration of areas disturbed by and
repair of property damage caused by slides arising out
of or occurring during construction, this section shall
apply. The Building Official or Director may require
any or all of the following:
A. A surety bond, in an amount to be determined by the
Director, executed by a surety company authorized
to do business in the state of Washington, shall be
posted by the applicant to assure the restoration
of any areas on the site or in the surrounding area
disturbed or damaged by slides during construction,
and to insure completion of the work authorized by
the permit, or, if the work is not completed, to
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assure that the site will be restored to a safe
condition. The bond will be exonerated one year
from the date of issuance of the certificate of
occupancy, or final approval of the building permit
by the Building Inspector.
B. In lieu of the surety bond, the owner may elect to
file a cash deposit or an instrument of credit with
the Director in an amount equal to that which would
be required in the surety bond, and similarly
conditioned.
C. The owner's contractor shall carry general public
liability insurance, for the amount which the
Director determines to be appropriate and which
shall name the City as an additional named insured,
against the injury, death, property damage and/or
loss due to earth movement. The owner shall also
maintain a policy of general public liability
insurance, naming the City as an additional named
insured, against personal injury, death, property
damage and/or loss from earth movement in an amount
which the Director determines to be appropriate for
a period of not more than 10 years from the date of
final approval of the project. The amount shall be
determined by review of the potential loss to both
public and private property which could be
attributable to the development. A certificate
evidencing such insurance shall be filed with the
Building Official before final approval of the
permit. Any insurance policy required by this rule
shall provide that the City will be notified of
cancellation of the policy thirty days prior to
cancellation. Said notice shall be sent to the
Building Official of the City of Edmonds and shall
specify the insured's name and property address.
If a property owner's insurance is cancelled and
not replaced, the certificate of occupancy, if any,
may be revoked and the building official is further
authorized where appropriate to require vacation of
the structure in accordance with the provisions of
Section 202 of the Uniform Building Code until such
time as the insurance has been reinstated.
19.05.060 Review to Determine Compliance with
Engineering Practice. The City shall require review of
the submittals accompanying the application by a City
retained engineer, geotechnical engineer, geologist,
architect or structural engineer in order to determine
whether the submittals were prepared in accordance with
generally accepted engineering practice or the practice
of the particular specialty. This requirement may be
waived at the discretion of the Director. The Building
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Official shall not be required to inquire further into
the adequacy of the report, but rather may rely upon the
submittals as warranted by the owner. Nothing herein
shall relieve the owner of the obligation to submit a
completed application fulfilling all the requirements of
this chapter and the Uniform Building Code.
19.05.070 Issuance of Permits. The following
requirements must be satisfied before a permit will be
issued:
A. An approved geotechnical report has been submitted;
B. Plans and specifications are submitted
incorporating the recommendations of the
geotechnical report;
C. The required declarations, disclosures, and
covenants and waivers have been submitted;
D. Required bonds, insurance or other financial
arrangements required have been secured; and
E. When review has been required, all submittals have
.been determined -to have been prepared in accordance
with generally accepted engineering practice.
19.05.080 Conditions; Denial. As a part of the
approval process, the Building Official may impose
conditions that address site work problems; such
measures could include but are not limited to limiting
all excavation and drainage installation to the dryer
season between May and the end of September, or
sequencing activities such as the installation of
drainage systems well in advance of construction.
A permit will be denied if it is determined by the
Director that the development will increase the
potential of soil movement, result in an unacceptable
risk of damage to adjacent properties or an unreasonable
risk of damage to the proposed development. An
unreasonable risk of damage to the proposed development
of a single family structure shall be presumed if a risk
of substantial loss with a probability of greater than
30% in a 25 year period exists. Denials shall be in
writing and shall state in detail the basis for denial.
19.05.090 Construction or Use of Access Roads. The
applicant or contractor must secure the Building
Official's approval before 'going on to a site with
excavating or other grading and clearing equipment to
grade for any purpose including the creation of access
to the site.
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19.05.100 Construction monitor'
n q. The owner shall
retain a geotechnical engineer to monitor the site
during construction. The owner shall preferably retain
the geotechnical engineer who prepared the final
geotechnical recommendations and who has reviewed the
plans and specifications. If a different consultant is
retained by the owner, the new geotechnical engineer
shall submit a letter to the Director stating whether or
not he/she agrees with the opinions and recommendations
of the original geotechnical engineer. Further
recommendations, signed and sealed by the geotechnical
engineer, and supporting data shall be provided should
there be exceptions to the original recommendations.
The geotechnical engineer shall monitor during
construction compliance with the recommendations in the
geotechnical report, including site excavation, shoring,
soil support for foundation including piles, subdrainage
installation, soil compaction and other geotechnical
aspects of the construction. Unless otherwise approved
by the director, the specific recommendations contained
in the soils report must be implemented by the owner.
The geotechnical engineer shall make written, dated
monitoring reports on the progress of the construction
to the building official at such timely intervals as
shall be specified by the Building Official. Omissions
or deviations from the approved plans and monitoring
report shall contain a statement from the geotechnical
engineer that, based upon his or her professional
opinion, site observations and testing during the
monitoring of the construction, the completed
development substantially complies with the
recommendations of the geotechnical report and with all
geotechnical-related permit requirements. Occupancy of
the project shall not be approved until the report has
been reviewed and accepted by the Building Official.
Section 3. This ordinance is an act delegated to the
legislative body, being an administrative action, is not subject
to referendum and shall take effect five (5) days after
publication of the attached, approved summary, provided, however,
that these provisions shall not be effective until approved by
written order of the State Building Code Council. Until such
time approval is received, sections 19.00.010(I) and 19.00.020
shall remain in full force and effect.
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ATTEST/AUTHENTICATED:
CIT CL K, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CITY CLERK: March 1, 1988
PASSED BY THE CITY COUNCIL: March 1, 1988
PUBLISHED: March 6, 1988
EFFECTIVE DATE: March 11, 1988
ORDINANCE NO. 2661
WSS50421O -17-
AT=M7Vn.
ATTEST/AUTHENTICATED:
CIT CL K, JACQUELINE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
FILED WITH THE CITY CLERK: March 1, 1988
PASSED BY THE CITY COUNCIL: March 1, 1988
PUBLISHED: March 6, 1988
EFFECTIVE DATE: March 11 , 1988
ORDINANCE NO. 2661
WSS504210 -17-
STAP
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LYNN CARMICHAEL
Chair
STATE OF WASHINGTON
STATE BUILDING CODE COUNCIL
Ninth & Columbia Building, MS/GH-51 . Olympia, Washington 98504 • (206) 753-0738
June 7, 1988
Mr. Scott Snyder
Ogden, Ogden, Murphy and Wallace
2300 Westin Building
2001 Sixth Avenue
Seattle, Washington 98121
Dear Mr. Snyder:
As you are aware, the State Building Code Council has reviewed
the two ordinances submitted by the city of Edmonds which
establish a procedure for permit applicants to follow for
properties located in areas of known land subsidence.
The Council found specifically that the proposed Edmonds
ordinances, ECDC 2661 and ECDC 2666:
(1) Amend the UBC through clarification of undefined terms in the
code, and.
(2) that clarification does not result in a code that is less
than the minimum performance standards and objectives
contained in the State Building Code.
Based upon these findings the Council approved the city of
Edmonds ordinances ECDC 2661 and ECDC 2666 at its May 13, 1988
meeting (see attached ordinances).
If you have any questions concerning the Council's decision,
please do not hesitate to contact Council staff at
(206) 586-2168.
Sincerel
L n Carmichael
Chair
LC:cch
Enclosure
cc: Hal Reeves, Building Official
STATE OF WASHINGTON, j
COUNTY OF SNOHOMISH, J
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4Avthe L{iy Council
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[A th9Vr meElfn9 °} ppRR�T7
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CitY�CleEk
pubti5f�d' µarch 6. 1V86.
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Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and, that the notice ----------------------------------------
------ 8[]MM Y--OF--ORpxAJE7 C --NQ., 2661-.......... --- - -------- -------------------------
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
MACN- 6th,--198
.................. ....................................................................................
and that said n? paper was regularly distributed to its subscribers
during all of id period. 7
Principal Clerk
Subscribed and sworn to before/me this --..._7th
day of. ......... MARCH..._.._. ,l 88
Public in/andifor the State of Washington,
at Ever tt, Snohomish County.
B-2-1