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Ordinance 30350006.040.001(B) DLF /nkr /gjz 06/13/95 R:07 /05 /95gjz R:07 /08 /95nkr ORDINANCE NO. 3035 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTERS 19.00, 19.05, 19.25 AND 19.75 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE IN ORDER TO ADOPT THE 1994 EDITIONS OF THE UNIFORM BUILDING, UNIFORM MECHANICAL, AND UNIFORM FIRE CODES; REPEALING SECTION 19.75.175, WHICH REQUIRES THE INSTALLATION OF SMOKE ALARMS FOR MULTI - FAMILY RESIDENCES; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Edmonds has adopted by reference numerous uniform codes for the health, safety and welfare of the citizens as set forth in the Edmonds Community Development Code (ECDC), and Chapter 19.27 RCW requires cities to enforce the provisions of said uniform codes, and WHEREAS, the Washington Administrative Code (WAC) Title 51 sets forth the 1994 editions of the Uniform Building Code, Uniform Fire Code, and the Uniform Mechanical Code and mandates that the same shall become effective in all cities as of June 30, 1995, and WHEREAS, the City Council of the City of Edmonds wishes to amend Chapters 19.00, 19.05, 19.25 and 19.75 of the ECDC in order to adopt by reference the 1994 editions of these uniform codes, and WHEREAS, Section 19.75.175, requiring the installation of smoke alarms for existing multifamily residences, has been fully implemented and other code provisions require smoke alarms for all new multifamily residences, NOW, THEREFORE, 104361.10 -1- THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: the following: Section 1. Section 19.00.000 of the ECDC is hereby repealed and replaced with 19.00.000 Building Code Adopted. The 1994 edition of the Uniform Building Code as published by the International Conference of Building Officials (ICBO), including the state amendments set forth in Chapter 51 -30 of the Washington Administrative Code (WAC) and Appendix Chapters 3, Divisions II, IV and V; Chapter 4, Division III; Chapter 9; Chapter 12, Divsion II; Chapter 15; Chapter 19; Chapter 31, Divisions II and III; and Chapter 33 is hereby adopted by reference as if fully set forth, as the Building Code of the City of Edmonds. The Code shall regulate the erection, construction, enlargement, alteration, equipment, use, area and maintenance of buildings and structures in the City; and provide for the issuance of permits and the collection of permit fees. Section 2. The introductory language to Section 19.00.010 of the Edmonds Community Development Code is hereby repealed and replaced with the following: Section 106.4 of the 1994 Edition of the Uniform Building Code is hereby repealed and replaced with the following: Section 3. Section 19.00.010(A) of the Edmonds Community Development Code is hereby repealed and replaced with the following: A. Issuance. The application, plans and specifications filed by an applicant for a permit shall be checked by the Building Official. The plans may be reviewed by other departments of the City to check compliance with the laws and ordinances under their jurisdiction. If the Building Official is satisfied that the work described in an application for permit and the plans conform to the requirements of this code and other pertinent laws and ordinances, including, but not limited to the conditions of approval of subdivisions for all property having been subdivided as required by Chapter 20.75, and that the fees specified in Section 107.1 and the fees 104361.10 -2- specified in Section 107.2, as amended by Section 19.00.070(A), have been paid, he shall issue a permit to the applicant, but not otherwise. When the Building Official issues the permit, he shall endorse in writing or stamp on both sets of plans and specifications "APPROVED." Approved plans and specifications shall not be changed without written authorization from the Building Official, and all work shall be done in accordance with the approved plans. [Ord. 2725, 1989] Section 4. The introductory language to Section 19.00.070 of the Edmonds Community Development Code is hereby repealed and replaced with the following: Section 3310 of Appendix Chapter 33 and Section 107.2 of the 1994 Edition of the Uniform Building Code are hereby repealed and replaced with the following: Section 5. Section 19.00.010(F) of the Edmonds Community Development Code is hereby repealed and replaced with the following: F. Expiration. Every permit issued by the Building Official under the provisions of Title 19 shall expire and become null and void one year from the date of issuance except as provided below: 1. Demolition permits required by Section 19.00.050 expire 180 days from date of issuance. 2. Permits for moved -in buildings required by Section 19.35.000 shall expire 180 days from the date of issuance. Under the expiration of any permit referred to in this section, the applicant shall immediately cease work; however, if the applicant has at least commenced work under the permit, the applicant may, np � or to the expiration of the original permit, which is one year from the date the original permit was granted, apply for a permit extension for one additional year. The permit extension, if granted, shall only be allowed once. If the plans and specifications for the permit application are the same as the plans and specifications submitted for the original permit application,t he permit fee shall be one -half the amount required for a new permit, otherwise the full fee shall be required. Whenever an appeal is filed and a necessary development approval is stayed in accordance with ECDC 20.105.020(B), the time limit periods imposed under this section shall also be stayed until final decision. This section is intended to 104361.10 -3- replace Section 106.4.4 of the Uniform Building Code. [Ord. 2917 §1, 1993]. Section 6. Subsections 19.00.120(A) and (B) of the Edmonds Community Development Code is hereby repealed and replaced with the following: 19.00.120 Architectural Design Review -- Optional Vesting. In addition to the vesting rights created by RCW 19.27.095 and ECDC 19.00.110, an applicant for development as defined in ECDC 20. 10.010 and subject to Architectural Design Review may, at the applicant's option, file a fully complete augmented Architectural Design Review application (hereinafter "Augmented ADB Application ") and vest rights under the provisions of the Edmonds Community Development Code and the State Building Code as adopted and amended by the City of Edmonds, ECDC Title 19 as then in effect. A. Fully Complete. Augmented Application for Architectural Design Review. An Augmented ADB Application shall consist of: 1. A complete application for Architectural Design review, executed by each and every property owner of record of the development site or their duly authorized agent(s), accompanied by the following: a. All fees required by ordinance, including impact mitigation fees to be deposited at the time such SEPA requirements become final. b. A site plan showing the current zoning of the development site, the footprint of all proposed structures, the total square footage of the development structures and each separate floor thereof, all set backs required by either the zoning code or state building codes, proposed parking configurations, and entrances and fire exit (if separate). C. Elevation drawings showing the original grade of the site, any proposed alterations to 104361.10 -4- grade, the proposed height of the structure and the number of stories. d. A letter executed by all owners of record or their duly authorized agent(s) detailing the proposed use in sufficient detail to determine whether the proposed use complies with the zoning code then in effect and sufficient, in conjunction with the other materials to determine the occupancy classifications of the Uniform Building Code and the Uniform Fire Code as those codes then in effect. e. A building permit application is described in Section 106.3.1 of the 1994 Edition of the Uniform Building Code as the same exists or is hereafter amended, and all building permit and plan check fees -- provided that the plans required by Section 106.3.1 and Section 106.3.3 of the 1994 Edition of the Uniform Building Code (UBC) as the same exists or is hereafter amended and other engineering documents, plans or drawings required by Title 18 of - the Edmonds Community Development Code may be submitted within 90 days of final Architectural Design Board approval, or final approval on appeal. B. Vesting. Upon filing of the Augmented ADB application, the applicant shall be deemed fully vested as if a fully complete building permit application had been filed, provided: The burden shall be upon the applicant to supply all material required by the provisions of this section and as necessary to meet the requirements of ECDC Chapter 20.10. The applicant may supplement the original application in the event an application is deemed incomplete by the designee of the Community Services Director. Vesting shall occur only when the application is complete. Failure to supplement an incomplete application within thirty (30) calendar days of the date written notification is 104361.10 -5- mailed, postage paid, in the United States mail to the agent specified in the application, shall result in forfeiture of all fees paid and the no vesting right shall attach. 2. The application shall expire along with all rights vested one hundred eighty (180) days following the date of application if final Architectural Design approval is not received. a. The Community Services Director's designee may issue an extension for an additional period, not exceeding one hundred eighty (180) days upon a request by the applicant(s) or their agent(s) showing that circumstances beyond the control of the applicant have prevented action from being taken. Such application shall be filled prior to the expiration of the original time period. An extension shall be granted if the Architectural Design Board has not yet considered the application or an appeal thereof is pending. b. The time periods shall run concurrently with the periods established by Section 107.4 of the 1994 Edition of the Uniform Building Code (UBC) as the same exists or is hereafter amended. No application shall be extended more than once. In order to renew an application after expiration, the applicant shall resubmit all required information and pay a new plan review fee. 3. The applicant shall comply with all provisions of state law and regulation and the Edmonds Community Development Code regarding state environmental review (SEPA). Review periods or delays occasioned by SEPA shall stay the time periods set by this ordinance. 4. Following final Architectural Design approval, the applicant shall file the plans and information required by Section 107.2 and Section 107.3 of the 104361.10 -6- 1994 Edition of the Uniform Building Code (UBC) as the same exists or is hereafter amended. An additional ninety (90) days shall be extended to applicants for developments subject to ECDC Chapter 19.05 relating to building permits within Earth Subsidence and Landslide Hazard areas. It is anticipated that minor adjustments and changes may and are usually required to the plans submitted as a result of the plan check review and administrative process, provided that the following changes shall not be considered "minor" shall forfeit vesting rights, and shall require the filing of a new application: a. Any substantial change not required by the terms of Architectural Design approval; b. Any increase in excess of five percent (5 %) in height or total square footage or any change which would change the occupancy classification for the purposes of the State Building Code, particularly the Uniform Building and Fire Codes. 5. If any ADB application is finally denied, the applicant can withdraw the project and the building permit and plan check fees paid shall be returned. Such withdrawal shall be in writing. Failure to withdraw an application prior to the expiration or extension of an application will result in forfeiture of fees as provided in this section and the subparagraphs hereof. 6. Any decision of the City staff regarding the application stated in this section and its interpretation shall be appealable only to the Superior Court of Snohomish County by writ of mandamus and is not subject to the provisions of ECDC Chapter 20.105. Section 7. Section 19.05.005 of the Edmonds Community Development Code is hereby repealed and replaced with the following: 104361.10 -7- 19.05.005 Uniform Building Code Amended. The provisions of this section amend the 1994 Edition of the Uniform Building Code (UBC) and all subsequent revisions 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 chapter shall be deemed amended hereby and any ambiguity created shall be resolved in favor of the specific provision or general intent of said chapter. In addition to the amendment of the UBC by its alteration, improvement and correction to incorporate the chapter, the following specific code provisions are amended: A. UBC Chapter 2 Definitions and Abbreviations is hereby amended to include the definitions set forth in 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 16 to add a new section 1601.5 setting forth the requirements of ECDC Chapter 19.05, incorporated by this reference as fully as if herein set forth; 2. Amend UBC Chapter 1 Administration to add a new section 106.1.5 to read as follows: Sec. 106.1.5. Any permit requested for a site lying in whore 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 1601.5 (ECDC Chapter 19.05); and 3. Amend UBC Chapter 18 Foundations and Retaining Walls to add a new Section 1800 to read as follows: Section 1800. 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 104361.10 -8- upon in accordance with the provisions of UBC Section 1601.5 (ECDC Chapter 19.05); and 4. Amend UBC Section 3306.2 of Appendix Chapter 33 to add the following: 10. 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 1601.5 (ECDC Chapter 19.05) and the definitions set forth therein, incorporated by this reference as if herein set forth. 5. Repeal Section 106.2 of the 1994 Edition of the Uniform Building Code and replace it with the following: 106.2 Work Exempt from Permit. A building permit shall not be required for the following, unless otherwise required by City ordinance: 1. One -story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the projected roof area does not exceed 120 square feet (11.5 square meters). 2. Fences not over 6 feet (1829 mm) high. 3. Oil derricks. 4. Movable cases, counters and partitions not over 5 feet 9 inches (1753 mm) high. 5. Retaining walls which are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III -A liquids. 104361.10 -9- 6. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,927 L) and the ratio of height to diameter or width does not exceed 2 to 1. 7. Platforms, walks and driveways not more than 30 inches (762 mm) above grade and not over any basement or story below. 8. Painting, papering and similar finish work. 9. Temporary motion picture, television and theater stage sets and scenery. 10. Window awnings supported by an exterior wall of Group R, Division 3, and Group U Occupancies when projecting not more than 54 inches. 11. Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed 5,000 gallons (18,927 L). Unless otherwise exempted, separate plumbing, electrical and mechanical permits will be required for the above - exempted items. Exemption from the 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. The exemptions set forth in the preceding paragraphs 1, 3, 5, 6, 6 and 11 shall not apply in any area designated as an Earth Subsidence and Landslide Hazard Area as defined in ECDC 19.05.020. In the event that future additions of the Uniform Building Code (post 1994 edition) expand or add any exemption from permit requirements shall not be effective to construction within Earth Subsidence and Landslide Hazard Area unless it is 104361.10 -10- the following: the following: the following: specifically approved for exemption by ordinance by the Edmonds City Council. Section 8. Section 19. 10.000 of the ECDC is hereby repealed and replaced with 19. 10.000 Housing Code Adopted. The Uniform Housing Code, 1994 Edition, as published by the International Conference of Building Officials, including all appendices, is hereby adopted by reference as if fully set forth, as the Housing Code for the City of Edmonds, subject to the amendments contained herein. Section 9. Section 19.20.000 of the ECDC is hereby repealed and replaced with 19.20.000 Dangerous Building Code Adopted. The Uniform Code for the Abatement of Dangerous Buildings, 1994 Edition, as published by the International Conference of Building Officials, is hereby adopted by reference as if fully set forth, as the Uniform Code for the repair, vacation and demolition of dangerous buildings for the City of Edmonds, subject to the amendments contained herein. Section 10. Section 19.25.000 of the ECDC is hereby repealed and replaced with 19.25.000 Adoption of the Uniform Mechanical Code. The 1994 edition of the Uniform Mechanical Code, including Chapter 13, Fuel -Gas Piping, Appendix B, published by the ICBO, together with the state amendments set forth in Chapter 51 -32 WAC, are adopted by reference as if fully set forth, as the mechanical code of the City of Edmonds. 104361.10 -11- the following: the following: Section 11. Section 19.45.000 of the ECDC is hereby repealed and replaced with 19.45.000 Adoption of Uniform Sign _Code. The Uniform Sign Code, 1994 Edition, as published by the International Conference of Building Officials, is hereby adopted by reference as if fully set forth, as the Uniform Sign Code for the City of Edmonds, subject to the amendments contained herein. Section 12. Section 19.55.000 of the ECDC is hereby repealed and replaced with 19.55.000 Uniform Swimming Pool, Spa and Hot Tub Code Adopted. The Uniform Swimming Pool, Spa and Hot Tub Code, 1994 Edition, as published by the International Association of Plumbing and Mechanical Officials, is hereby adopted by reference as if fully set forth, as the Swimming Pool, Spa and Hot Tub Code of the City of Edmonds, subject to the amendments contained herein. The Code shall require the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, location and setback requirements, area and maintenance of swimming pools, spas and hot tubs appurtenances within the City; and provide for the issuance of permits and the collection of fees, and the violations of such Code. Section 13. Section 19.75.000(A) of the ECDC is hereby repealed and replaced with the following: 19.75.000 Adoption of Life Safety Codes. A. Uniform Fire Code Adopted. The 1994 edition of the Uniform Fire Code and Appendices I -C, II -F, III -A, III -B, III -C, III -D, V -A, VI -A, VI -D, VI -F and VI -G published by the International Fire Code Institute, together with the state amendments set forth in Chapter 51 -34 WAC, are adopted by reference as if fully set forth as the fire code of the City of Edmonds. The 1994 edition of the Uniform Fire Code standards as published by the International Fire Code Institute, together with 104361.10 -12- the state amendments set forth in Chapter 51 -35 WAC, are also adopted by reference as if fully set forth herein. Section 14. Section 19.75.015 of the Edmonds Community Development Code is hereby repealed. Section 15. Section 902.2.2.2 of the 1994 edition of the Uniform Fire Code as adapted by this Chapter, is hereby repealed and replaced with the following: 902.2.2.2 Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads fire apparatus and shall be provided with a surface so as to provide all- weather driving capabilities. Section 16. Section 19.75.175 of the Edmonds Community Development Code is hereby repealed. Section 17. Severbility. If any section, sentence clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, 1 such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 18. Effective Date. This ordinance or a summary thereof consisting of the title shall be published in the official newspaper of the City and shall take effect and be in full force on June 30, 1995. APPROVED: S. 104361.10 -13- ATTEST /AUTHENTICATED: CITY cLBkK, SANDY CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: I FILED WITH THE CITY CLERK: 07/14/95 PASSED BY THE CITY COUNCIL: 07/18/95 PUBLISHED: 07/23/95 EFFECTIVE DATE: 07/28/95 ORDINANCE NO.. 3035 104361.10 -14- SUMMARY OF ORDINANCE NO. 3035 of the City of Edmonds, Washington On the 18thday of July , 199 5 , the City Council of the City of Edmonds, passed Ordinance No. 3035 . A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTERS 19.00, 19.25 AND 19.75 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE, REGARDING THE ADOPTION OF THE 1994 EDITIONS OF THE UNIFORM BUILDING, UNIFORM MECHANICAL, AND UNIFORM FIRE CODES, AND ESTABLISHING AND EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this 19thday of July , 1995. '� SANDY CHASE RECEIVED July 23, 1995 ....................................................... ......................... . . . . .. ................ ............................... ............................................. ........................................................................................ and that id newspaper was egularly distributed to its subscribers durin a o said period. ... ... ... ........... .. Principal Clerk Subscribed and sworn to before me this........ 24th day o .. Ju I. y 19...95 a ......................F..... - • .............. ................ Notary Public in and for the ate,p of Washington, residing at Everett, Snohom' h CoUty. 3c .1 a 14 j r ti C7F WASV4 B -2 -1 AUG 1 - 1995 Affidavit of Publication EDMONDS CITY CLERK STATE OF WASHINGTON, COUNTY OF SNOHOIVISH, ss SUMMARY OF ORDINANCE the City , of the Cdy of The undersigned, being first duly sworn on oath deposes and says Edmonds, Washington On the 18th day of July, 1995, the City Council of the that she is Principal Clerk of THE HERALD, a daily newspaper City of Edmonds, passed sum- No. 3035. A sum- Ordinance mary of the content of said printed and y y P published in the City of Everett, Count of Snohomish, ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE and State of er of Washington; that said newspaper is a newspaper g p p CITY OF EDMONDS WASH- INGTON, AMENDING CHAP- general circulation in said County and State; that said newspaper TERS 19.00, 19.25 AND 19.75 OF THE EDMONDS COMMUNITY DEVELOPMENT . has been approved as a legal newspaper by order of the Superior AD OP REGARDING OFT THE OF THE UNIFORM Court of Snohomish County and that the notice ......... ............................... BUILDING, UNIFORM ME. CHANICAL, AND UNIFORM FIRE CODES, AND ESTAB. LISHING AND EFFECTIVE Summary f Ordinance No. 3035 y DATE. The full text of this Ordi- nance will be mailed upon reqqut. - pAesTED this 19th day of July, 1995. SANDY CHASE, City Clerk 'Published: July 23, 1935. - 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: July 23, 1995 ....................................................... ......................... . . . . .. ................ ............................... ............................................. ........................................................................................ and that id newspaper was egularly distributed to its subscribers durin a o said period. ... ... ... ........... .. Principal Clerk Subscribed and sworn to before me this........ 24th day o .. Ju I. y 19...95 a ......................F..... - • .............. ................ Notary Public in and for the ate,p of Washington, residing at Everett, Snohom' h CoUty. 3c .1 a 14 j r ti C7F WASV4 B -2 -1