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Ordinance 26660006.04G35 WSS/naa WSS50503O 03/14/88 ORDINANCE NO 2666 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE INO. 2661 TO PROVIDE SPECIFIC REFERENCES TO THE STATE BUILDING CODE AS ADOPTED BY RCW 19.27.031, PROVIDING FOR SEVERABILITY, REQUESTING PROMPT ACTION BY THE SBCC AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE WHEREAS, the City has previously requested an opinion from the State Building Code Council (SBCC) defining minimum lot stability as it relates to the minimum performance standards of the Uniform Building Code of 1982 (UBC) adopted as the State Building Code by RCW 19.27.031(1); and WHEREAS, the SBCC declined to issue its opinion stating as its policy that the SBCC will not interpret codes drafted by the International Council of Building Officials (ICBO), thereby deferring to ICBO's interpretations, and further advised the City to adopt it own standards; and WHEREAS, the opinion of the ICBO expressed to the City was that lot stability is an inherent requirement of the UBC although not specifically referenced by a UBC section; and WHEREAS, the City adopted Ordinance No. 2661 in order that the State Building Code (UBC) be amended to include a definition of stability and a procedure for the issuance of permits within landslide sensitive areas; and WHEREAS, Ordinance No. 2661 was submitted to the SBCC in order to comply with the requirements of RCW 19.27.060(1) that ~tp ordinance be reviewed to insure that it does not result in a - 1 - code which is less than the minimum performance standards set by the State Building Code and because the ordinance imposes requirements and/or limitations on the issuance of permits for single family and multi -family residential structures; and WHEREAS, the SBCC on the advice of the Attorney General has declined to review the ordinance because it does not reference a specific UBC provision; and WHEREAS, this position runs counter to the SBCC's previous decision to defer to the opinion of the ICBO that such requirements were an "inherent" part of the Code; and WHEREAS, the City of Edmonds continues to attempt to comply with the directives of the SBCC but does not desire to enact a free standing regulation nor to impose any additional substantive regulation beyond she minimum performance standards of the State Building Code (UBC); NOW, THEREFORE, THE CITY COUNCIL OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. -he provisions of Ordinance No. 2661 and ECDC Chapter 19.05 Building Permits Earth Subsidence and Landslide are hereby amended by the addi~ion of a new section 19.05.005 Uniform Buildinq Code Amended to read as follows: 19.05.005 Uniform Building Code Amended. The provisions of this section amend the Uniform Building Code of 1982 (UBC) adopted by RCW 19.27.031(1) as the State Building Code and previously amended by ECDC Chapter 19.00. All prior amendments have received the approval of the State Building Code Council. All provisions of the UBC which conflict with this ordinance shall be deemed amended hereby and any ambiguity created shall be resolved _n favor of the specific provision or general intent of said ordinance. In addition to the amendment o: the UBC by its alteration, improvement and correction to incorporate the ordinance, the following 2 - specific code provisions are amended: A. UBC Chapter 4 DEFINITIONS AND ABBREVIATIONS is hereby amended to include the definitions set forth i^ ECDC section 19.05.020, Section 2 of Ordinance No. 2661, incorporated by this reference as fully as if herein set forth. B. The substantive and procedural requirements of ECDC Chapter 19.05, Section 2 of Ordinance No. 2661, are amended by the correction and alteration of the following sections of the UBC: 1. Amend UBC Chapter 23 to add a new section 2313 setting forth the requirements of ECDC Chapter 19.05, as set forth in Grdinance No. 2661, incorporated by this reference as fully as if herein set forth; 2. Amend UBC Chapter 3 PERMITS AND INSPECTIONS to add a new section 308 to read as fellows: Sec. 308. Any permit requested for a site lying in whole or in part within an Earth Subsidence and Landslide Hazard Area shall be processed and acted upon in accordance with the provisions of UBC section 2313 (ECDC Chapter 19.05); 3. Amend "UBC Chapter 29 EXCAVATIONS, FOUNDATIONS AND RETAINING WADS to add a new section 2910 to read as follows: Sec. 2910. Any permit requested for a site lying in whole or in part within an Earth Subsidence and Landslide Hazard Area shall be processed and acted upon in accordance with the provisions of UBC sectioi, 2313 (ECDC Chapter 12.05); and 4. Amend UBC Appendix 70 EXCAVATION AND GRADING to add a new subsection 7003t10) to read as follows: Sec. 7003. 10. Any permit requested for a site lying in whole or in part within an Earth Subsidence and Landslide Hazard Area shall he processed and acted upon in accordance with the provisions of UBC section 2313 (ECDC Chapter 12.^;' and the definitions set forth therein, - 3 - incorporated by this reference as fully as if herein set forth. Section 2. The provisions of Section 1 of pis ordinance are and shall be severable and in the event that any paragraph of this section of the ordinance is found to be void or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. This provision shall not be interpreted to amend the requirement of Se,7tion 3 of Ordinance No. 2661 nor of Section 4 of this ordinance relating to the effective date of such ordinances. Section 3. The State Building Code Council is requested to move expeditiously to either approve or deny the provisions of Ordinance No. 2661 and this ordinance in accordance with the provisions of sections 19.27.060 and 19.27.074. The City has consistently enforced the provisions of the State Building Code (UBC) in accordance with the direction of the ICBO. The SBCC's previous refusal to interpret the State Building Code (UBC) =s interpreted as the deferral of the SBCC to the ICBO's o-ior direction,. Because the City desires to enforce the State Building Code (UBC) to the full extent required by State law but does not wish to independently exercise its police power in the form of a land use or zoning regulation, the requ:.rements of Ordinance No. 2661 and this ordinance have taken the form of amendments to the State Building Code (UBC). Section 4. The provisions of this ordinance are an exercise of a power delegated to the legislative body, are not subject to referendum and shall take effect five (5) days after publication of the attached approved summary, provided, however, - 4 - that this ordinance as well as Ordinance No. 2661 shall not be effective until apprived by the written order of the State Building Code Council. Until such time as approval is received, the existing provisions of the State Build:rg Code (UBC) as _ previously amended by revisions apE,oved by the SBCC shall remain in full force and effect. APPROVED: ATTEST/AUTHENTICATED: CITY CLERK, JACQUELINE G. ?ARRETT APPROVED AS TO FORM: OFFICE OF THE CITf A.^TORNFY: BY FILED WITH THE CITY CLERK: March 15, 1,�88 PASSED BY THE CITY COUNCIL: March 15, 1988 'DUBI'SHED: March 20, 1988 EFFECTIVE DATE: March 25, 1988 ORDINANCE NO. 2666 - 5 - J