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Ordinance 32150006.90000 WSS.ldh 5/21/96 R:6 /11 /98gjz R:6/ 17 /98gjz ORDINANCE NO. 3215 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF TITLE 19 BUILDING CODES TO ADOPT THE 1997 STATE BUILDING CODE, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the State Building Code has been revised effective July 1, 1998, and WHEREAS, the City is obligated to adopt and enforce its provisions, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds Community Development Code, Title 19 - Building Codes, is hereby amended to read as follows: Title 19 BUILDING CODES Chapters: 19.00 Building Code 19.05 Building Permits - Earth Subsidence and Landslide Hazard Areas 19.10 Housing Code 19.15 Electrical Code 19.20 Dangerous Buildings 19.25 Mechanical Code 19.30 Plumbing Code 19.35 Moving Buildings 200573 -1- 19.45 Sign Building Code 19.55 Swimming Pools 19.65 Marinas 19.75 Fire Code 19.80 Street Names and Numbering 19.90 Energy Code 19.95 Barrier Free Design Standards 19.96 Ventilation and Indoor Air Quality Standards 19.97 Flood Plain Management 19.100 Limitation of Benefited and Protected Classes Chapter 19.00 BUILDING CODES Sections: 19.00.000 Building code adopted. 19.00.010 Permit issuance. 19.00.030 Drainage and grading. 19.00.040 Covenant for multiple residential buildings. 19.00.050 Demolition permits. 19.00.055 Manufactured home installation standards. 19.00.060 Interpretation, appeals and alternate materials. 19.00.070 Fees. 19.00.080 Penalties. 19.00.110 Fully complete application. 19.00.120 Architectural design review - Optional vesting. 19.00.130 Evidence of adequate potable water supply required. 19.00.000 Building code adopted. The 1997 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 -40 WAC and Appendix Chapter 3, Division H, Chapter 9; Chapter 12, Division II; Chapter 15; Chapter 19; Chapter 31, Division II ; 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. 200573 -2- 19.00.010 Permit issuance. Section 106.4 of the 1997 edition of the Uniform Building 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 ECDC, and that the fees specified in UBC section 107.1 and 107.2, as amended by ECDC 19.00.070, and applicable development fees adopted under the authorization of ECDC Chapter 15.00 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. B. Partial Permits. The building official may issue a permit for the construction of part of a building or structure before the entire plans and specifications for the whole building or structure have been submitted and approved if the planning director, public works director and fire marshal also approve the issuance of the partial permit. C. Retention of Plans. One set of approved plans, specifications and computations shall be retained by the building official for a period of not less than 90 days from date of completion of the work covered by the plans unless State archive laws require otherwise. One set of approved plans and specifications shall be returned to the applicant when the permit is issued. This set shall be kept on the building site at all times while the work authorized is in progress. D. Permit Not Issued. Applications for which no permit is issued within 180 days following the date of application or 90 days following approval, whichever is sooner, 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. The 200573 -3- building official may extend the time for action by the applicant for a period not exceeding 180 days upon request by the applicant prior to such expiration date showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once for a total application life of 360 days. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. E. Validity. The issuance of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or any applicable ordinance or law. No permit presuming to give authority to violate or cancel the provisions of this code or other ordinance or law shall be valid, except insofar as the work or use which it authorizes is lawful. The issuance of a permit based upon plans and specifications shall not prevent the building official from later requiring the correction of errors in the plans and specifications or from preventing building construction in violation of this code or of any other ordinance of the city or other applicable law. F. Expiration. Every permit issued by the building official under the provisions of ECDC Title 19 shall expire and become null and void one year from the date of issuance except for those permits provided below, which shall expire 180 days from the date of issuance. In order to recommence work on an expired permit, a new permit application with full fees shall be submitted to the city: 1. Demolition permits required by ECDC 19.00.050. 2. Permits for moved -in buildings required by ECDC 19.35.000. 3. Mechanical permits. 4. Tank removal, fill or placement permits. 5. Grading, excavation and fill permits. 6. Water service line permits. 7. Plumbing permits. 8. Deck and dock permits. 200573 -4- 9. Fence permits. 10. Re -roof permits. 11. Rockery and Retaining Wall permits. 12. Hot Tub and Swimming Pool permits. 13. Sign permits. Under the expiration of any permit referred to in this section, the applicant shall immediately cease work; however, if the applicant has received at least one inspection conducted by the city building inspector under the permit, the applicant may, prior 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, the permit fee shall be one -half the amount required for a new permit, otherwise the full fee shall be required. Full permit fees are required to restart work on any expired permit. 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 replace section 106.4.4 of the Uniform Building Code. G. Suspension or Revocation. The building official may, in writing, suspend or revoke a permit issued under provisions of this code whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation of any of the provisions of this code, other ordinance, or other applicable law. H. Utilities and Street Improvements. No building permits shall be issued for the construction, enlargement, alteration, improvement or conversion of any building or. structure of any kind or description unless the plans and specifications include the construction of curbs, gutters, sidewalks, paved streets, waterlines, sewerlines, and storm drainage necessitated by the new construction, conversion, alteration, enlargement or improvement. These street and utility improvements are to be built to applicable city standards. If the community services director finds it to be impractical for one applicant to construct the improvements at the time of application for the building permit, construction may be 200573 -5- deferred by the director. In this case, a performance bond shall be filed with the city to cover the estimated cost of construction to city standards for the improvements. Lots which have received final approval as a subdivision, shall be deemed to be in compliance with this subsection if all requirements of the subdivision have been met. I. Hazardous Sites. Building, grading and excavation permits for construction on land which the community services director finds to be unsuitable for improvement due to flooding or inadequate drainage or other hazardous condition posing an unreasonable risk to public health, safety or welfare 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 affected if the permit were granted. J. Septic System. No occupancy permit or building permit shall be issued for the construction, alteration, improvement or occupancy of any building or structure having or required to have a sewage disposal system unless the applicant for the occupancy or building permit has complied with the provisions of Chapter 18.20 ECDC. 19.00.030 Drainage and grading. A. Drainage Improvements. Gutters, drain lines and inlets or other necessary drainage structures shall be installed where storm water disposal cannot be obtained without their use or where erosion cannot be prevented by finished grading and planting. Drywells shall be installed only in areas having open, well- drained porous soils. Design, construction and installation of drainage structures shall be in accordance with Chapter 18.30 ECDC. B. Grading Requirements. The builder or owner shall grade the site to insure: 1. Diversion of water away from buildings; 2. Prevention of standing water and soil saturation and provision for disposal of water from lot; in accordance with Chapter 18.30 ECDC; 3. Protection of adjoining property. 200573 -6- 19.00.040 Covenant for multiple residential buildings. Before a building permit for the construction of any multiple residential building is issued, the applicant shall file with the building official a covenant running with the land, from the owners of the real property upon which the building or structure is to be built, as grantors, to the city of Edmonds, as grantee. The covenant shall state the maximum number of dwelling units permitted under the then existing ordinances of the city to be constructed on the real property therein described for which the building permit application has been made. The covenant shall be recorded at the cost of the applicant with the Snohomish County auditor. The covenant shall be a restriction that shall run with the land and provide notice to later purchasers of the number of dwelling units permitted to be built upon the site. The building official may require the applicant to furnish a report from a title insurance company doing business in Snohomish County to verify the ownership of the grantor. 19.00.050 Demolition permits. Before the demolition of any building or structure, a demolition permit shall be obtained from the building official. The permit fee shall be as stated in Chapter 15.00 ECDC. The applicant shall also post with the city prior to permit issuance a performance bond, or a cash deposit, conforming to Chapter 17.10 ECDC herein, in an amount to be determined by the building official to satisfy all city code requirements not later than six months after the issuance of the permit. The performance bond or cash deposit shall not be released until the following are accomplished at the vacated site, to the satisfaction of the building official: A. Plug or cap any abandoned sewers, as required by the Uniform Plumbing Code, section 722.0, adopted by this title; B. Knock down of concrete foundation walls, porches, chimneys and similar structures, and grading of lot to fill voids; C. Septic tanks to be pumped, collapsed and/or filled with earth; D. Removal of debris from property; E. Repair of any damage to and restoration of any public or private property to substantially original condition; 200573 -7- F. Written request that water service be turned off and meter removed by the department of public works. 19.00.055 Manufactured home installation standards. A. Except as hereafter amended, WAC 296 -15OB -200 through and including 296 -15OB -255 as currently promulgated together with any future amendments thereof or future additions thereto are hereby adopted by this reference and incorporated into the Edmonds Community Development Code as if set forth herein in full. The building official, or designee, is authorized to inspect the installation of manufactured homes, issue building permits for the installation of all manufactured homes that meet the requirements of this chapter and enforce all violations of this chapter. B. All references to "installation permits" in WAC 296 -150B- 200 through and including WAC 296 -150B -255, as herein adopted by reference shall refer to building permits issued for the installation of manufactured homes. C. Fees for the issuance of a building permit for the installation of a manufactured home shall be set forth in ECDC Chapter 15.00 as well as all other applicable development fees. 19.00.060 Interpretation, appeals and alternate materials. A. Interpretation. Whenever provisions of this chapter and the Uniform Building Code as adopted conflict with the provisions of the Edmonds zoning ordinances contained in this code, the provisions of the zoning ordinance shall control. B. Appeals. Appeals from the building official's interpretation of the Uniform Building Code, determinations of suitable, alternative methods or materials, and any other appeal delegated to a board of appeals pursuant to the Uniform Code for the Abatement of Dangerous Buildings, the Uniform Mechanical Code, the Uniform Plumbing Code and any and all other codes adopted pursuant to the direction and authority of Chapter 19.27 RCW are hereby directed to the city's hearing examiner for hearing in accordance with the procedures established by 20.100 and Chapter 20.105 ECDC; provided, however, that any denial or grant of permit or interpretation of any code arising with respect to any tract of land lying within the earth subsidence and landslide hazard area set forth and defined in Chapter 19.05 ECDC shall be appealable directly to and only to the Snohomish County Superior Court by writ of certiorari. Any conflict or doubt shall be resolved 200573 -8- in favor of the sole jurisdiction of the Superior Court. Appeals to Superior Court shall be instituted within 10 calendar days of the date of the mailing of the written decision of the building official. As provided in the codes, appeal of the actions of the building official and /or hearing examiner sitting as the building code board of appeals shall be taken, as appropriate by writ of certiorari or writ of mandamus to the Snohomish County Superior Court. C. Alternate Materials. Determination of the suitability of materials and types of construction may be made by application to the city's hearing examiner for hearing in accordance with the procedures established in Chapters 20.100 and 20.105 ECDC. 19.00.070 Fees. Section 107.3 of the 1997 edition of the Uniform Building Code is hereby repealed and replaced with the following: A. Plan- Checking Fee. Before accepting a set of plans and specifications for checking, the building official shall collect the plan- checking fee. Separate permits and fees shall apply as indicated elsewhere in this code. B. Grading Permits. The amount of the plan checking and permit fee for grading, excavation and /or fill plans is established under UBC section 3310. C. Commercial and Multifamily Occupancies. Fees for commercial and multifamily occupancies shall be as set in Chapter 15.00 ECDC. D. Fences. Fence permit fees shall be as set in Chapter 15.00 ECDC. E. Compliance Inspections. Housing compliance inspection fees shall be as set in Chapter 15.00 ECDC. F. Relocation. Fees for the relocation of a building (moving permit) shall be as set in Chapter 15.00 ECDC. G. Miscellaneous. Fees for other permits as required by the ECDC shall be as set in Chapter 15.00 of the ECDC. 200573 -9- -OI- £LSOOZ moaj uoiluoiTddu ut, daax lou Tlt,gs sa�ut,go ao suoisinaa aouTut Bans put, `ssaooad mainaa uoTlt,aTlddt, guiplinq hut, jo asanoo aql uT apt,ui STluanbaaj ant, put, paainbaa aq Suui suoistnaa ao sa:Ruugo aouiui It,gl palt,dtoilut, si II •sloodsaa T[t, ui alalduioo XIMput,lsgns put, apoo 2uipling uuo3iun aql puu saout,uipao osagl jo suuol aql aapun paainbaa luaumoop fjana put, got,a 8uiuiuo3 `saaumo gons aoj (s)lua,ft pazraoglnu XInp oql ao palltuigns sT uoTlt,o-gddt, agl goTgm ao3 Alaadoad aql 3o saaumo oql jo Ur Xq palnoaxo uoilt,ogddt, ut, sT uopragddt, ITuuod SuipTTng ololdwoo ARnj V •p pj si uoilt,ogddt, liuuad 2u.piinq alalduioa Sllnj t, uagm Isan hugs slgBTa s jueagddu ut, `S60'LZ'6I AAD2I 3o suoisinoad agl glim aout,pa000t, ul •uollmgddt, alaidwoa ,fnn3 011'00'61 mrj Sq paquosaad Sipuod Sur uioaj aou apoo si ql jo suoisinoad aaglo At, glrm ooutgdwoo uuoaj uosaad Sue Idmuo lou Uvgs aaj uopuBTlsoAw gons jo luotuhd aqs •aaj liuuod leui2uo oql jo lunom oql olgnop ut,gl ssol oq aaj uoTIt,BTlsanuT oql Uugs ost,o ou uI •panssi Slluonbasgns ao uogl si Ituuod t, lou ao aaglogm poloalloo oq hugs put, aaj liuuod oql of uoiliPPt, ut oq Tpgs aaj uo,.gv2gsanui oqL •xzom gons ao3 ponssi oq S-ow ITuuod oql azojaq pled oq ITt,gs aaj uoilt,2TlsoAw ut, `liuuod pit,s 2ummgo Is.uj InappA paouawwoo uaaq st,g apoo sT gl gig paaTnbaa sT ITuuad ga.gm aoj 3Taom SUR aanauagAk •SIOJQua sJT uT apoD iuTplTng UUoJTufl L661 aql 3o SLOT uolloaS saot,ldaa 2uimolloj oU •g 'OO1'OZ puL, OZO'OS'S DDS ui glaoj las st, algt,gsTund oq llt,gs `joaaagl saa8uuum puu saolooiT p `saaal o aqI puu `uoTluzTuuBao aaglo ao uolluaodzoo `uLnj `uosaad gons joaaagl uoilt,loin got,a PUB `uoTlulotn gons jo joaaagl uollainuoo aql uodn puu `pauluuod ao panuguoo `palliuiuioo sT uiaaaq paldopt, apoo guipling uuo31un aql ao aaldt,ga si jo suoisinoad oql jo hut, 3o uoTlt,loin guu goTgm Iuranp 3oaaagl uowod ao Sup tsaana put, gaua IOJ osuajjo oluedas t, jo l4pn2 paump oq hugs put, `aout,auiapsiut u jo 14pa oq hugs `aaldugo s.ql 3o uoisTnoad .raglo ao `uraaaq poldopu st, apoo guipling uuojTufl agl jo suotsrnoid oql jo gut, 2uTluloin uolluzwu8ao aaglo ao uoilt,aodaoa `uuTj `uosaad Xud •aaldt,go si ql 3o suoisinoad oqI jo Iuu 3o uoTlulolA uT ao of kra4uo3 `ouop oq of ouius oql osnt,o ao 94to oql uT aanlonals ao 2uiplTng 4uu uTt,luTt,uz ao Sdnaao `asn `dmba `gsTlouzap ao laanuoa `anouiaa `anoaduii `anoui `aiudaa `aallt, `a8aulua Ionalsuoa `laaaa of uollt,ziut,gao aaglo ao uoTluaodaoa `uLnj `uosaad Kuu aoj Injmt,lun si II :smolloj st, glaoj las put, papuoum Xgaaaq si uiaaaq paidopt, su opoD 2uTpling uuo3iufl oql 30 £OI uoTlaaS X 'sailleuad 080'00'61 _Ij_ .io opoo 2utuoz aqj .TagIjo liq pa gnbaa s3ptgjas Ht, `3oajagl jooH o1mudas gOt,a put, saanl3m-gs luomdoianap aqj jo oginooj onnbs Mol oqj `sainjoTuis pasodoid Ht, jo juudbooj oqj `alts luomdojanap oqj jo 2umoz juaum oqj 2uTnnogs ut,id olp d •q -I,e j auTooaq sjuatuaunbaz ddHS gons auttj aqj it, palisodap oq ol saa3 uo-.qt,grI!xu jot,dun Su.pnjout `oout,utpTO Xq paitnbaa saaj UV u : ,2utmono3 aqj Sq paMdw000t, `(s)juaft, pazuoglnt, glnp agogj .To alis luoxudoianap aqj jo p.Tooaa jo aaumo A- godord AjoAo put, goua Aq painooxo `matnai u2pop jt,moaligojt, Tod uotIt,O-qddt, ajajduTOO d • i :3o isjsuoo Ht,gs uo!wogddt, gC[V paluom2m, uV •matnag u21saQ jt,Tn�oa�.gojV aoj uojjtogddV pajuom2nd `alaidwoo AlInd •V •IOaJJa ut u019 St, 6I aiU DQDg `Spuotupa jo Ito ap Aq popuom put, paldopt, st, opoD �guippng ojinS oqj put, opoD juatudoianaQ Aj!unxuwoD spuompg aqj 3o suotsjnoid oqj .Tapun slggu Isan put, ( „uojjt,oHddt, gQV pajuauTSnt,„ raHt,utaaaq) uojjt,O-qddt, mainaa u2jsap jt,amoaligon paluotu2nt, ojoldium XT[nj t, o-pj `uoiido s,jut,ogddt, oqj jt, `St,uT maTnaa ugisap jt,ainoaltgoju of loofgns put, Oi0'Oi'OZ DGDa ui pau'Jap st, IuOIudoianap JOJ WOOHddt, ut, `Oil'00'6i DaDa PW 960'LZ'6I A&D-d Xq pait,aao sjgSU 2TnIsan ap of uojj!ppt, uj 'Buj ;Sae jt,uoi3d0 - 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saa3 xoago uuid put, 1tuuad Sutptinq At, put, `papuoum .xanearoq st jo sasixo ames agl st, opoD 2utpting uuojtun aqj jo uopipa L66i agl3o i•£•90l uorPoas ut paquosop st uopuogdde jtuuod gmptinq d •a -loajja ut uogl sapoo osogj st, opoo an3 uuoj!un oql put, opoo 2utpitng uuojtun agi jo suopuoUTssuio Souudn000 oqj outuualap of siuuajem jagpo oqj gjrm uonounfuoo ut `juatoUjns put, loaga ut uogj apoo 2utuoz agp gjim sogdwoo asn pasodoid oqj .raglagm aupwalap of Imop luatoWns ut asn pasodoad age 2utimop (s)juafe pozuoglne Ainp gagl Jo pxoam 3o sioumo Rv Aq painoaxo nuai V •p -sauols 3o aagmnu aqj put, asnnorms oqj jo jg2taq posodoad aql `apwS of suopmolle pasodoxd Rut, `ails aqj 3o opm2 it,ut2uo oqj gurmogs sgutmezp uonenala •o - (01mrdas 3t) jixa and put, saoue4ua pue `suo-uuzn2guoo 2utxiud posodoid `sapoo gutptinq ale�s £LSOOZ -£1- •D(IDS 901.OZ aajdt,gD jo suoisTnoJd agl of loofgns jou sT put, snumput,ut jo lum Sq 14unoD gsiuiogous jo linoD souadnS oqj of Sluo olgt,leaddu oq 1pgs uogpojdialut sil put, uolloos siq� ut pa�t,�s uoi�t,otiWu aqj gUq)MgOJ jjlns )(113 aqj Jo uotstoap XUV • 9 •sapo� an3 put, Sutpitng uuoj un oqj Alolnotvt,d `opoD 2uiPT1ng alupS oqj 3o sasodznd oqj joj uoTjt,oUisst,lo Aouudn000 aql aSut,go pinom gotgm o2uego Xuu jo a8t,looj mnbs lmol io lg2raq ut luoo od ant, jo ssaoxo ut ost,aaoui Sud •q `.lt,noaddt, ugisap it,annoaligom 3o suual oqj gig pazinbaa you aftt,go it,tIuelsgns Sud •v :uogBo -gddu mou t, jo 2urpj aql apbaz hags put, `slg2u 2urIsan ltajjoj Begs „`joutui„ pazaplsuoo oq jou lit,gs so2ut,go 2utmolloj oql pqj paplAoid 'ss000id oAlImIsTutuipt, puu matnaa 3ioogo ut,id aql jo linsw t, st, paututgns sut,ld ap of pagnbaa glit,nsn alt, put, St,uz so2ut,go put, sluautisnfpt, jouTui jt,gj pajt,dpp" si II •papuoum joUmjaq st ao sisixo oums aql st, (Dan) opoD iuiPT1nil uuojTun oql jo uOMPa L661 aqI 30 £ • £ •901 Pug Z • £ •901 uopoas Xq pannbaa uoTlt,uuojut pie sut,ld age ap 3 Begs luuotlddt, age `lt,norddt, ugTsap Imnloaligojv lt,utj guTmoilod •� •aaidt,go sigl Sq las spouad oum oqj Sins llt,gs VcIHS Kq pouolst,000 sgulop ao spouad matnag •(des) mainaa Muauiuo.Unua aIt,)s Sutpse:gaa opoD luauidolanaQ Alluniumoo spuouipg oqj put, uoTjt,ln2az put, ml alt,ns jo suoisinoad lit, gjTm Kldtuo3 Begs luuo -gddt, oqj, • £ •aa� matnai ut,ld mau t, At,d put, uopt,uuojut pagnbai lit, llwgnsai hugs jut,oTlddt, age `uoTlt,rrdxa ga t, uopt,oTlddt, ue moum of jopxo uI •oouo ut,gl ajouu papuaixo oq lit,gs uotjt,o -gddt, oN •papuoum ioUw oq sT .10 sIsixa auras age St' OTO.00.61 uorIoas Xq pagsggt,nso spouad oqj gjim Spuaunouoo unr Begs spouad aunt ag,L •g Iutpuad sT 3oajagl it,addt, ut, ro uo-qt,otlddt, oqj parapisuoo JaS you st,q pjeog u Tsap it,iinoaligoru oql 3T pajurO ag Bugs uotsuaixo uV •pouad ouTp luut2uo oqj jo uo!IRT!dxo oqj of roud paig oq Rugs uolluogddu ganS •ua3M 2uTag moij uo-.qou paluanaad ant,q jut,otiddt, oqj jo lonuoo oq4 puoXoq saout,nstun no 4ugl ftmogs (s)4uaft, arag4 ao (s)juuo -gddt, aq4 Sq 4sonbai t, uodn shp 0812uq=oxo 4ou `pouad luuoiiTppt, ut, ao� uotsua�xa ut, onsst kola aau ?Tsap s,a040anp saotnaas 41tunwtuoo aqy •t, £LSOOZ C. Vesting Limitation. The rights vested by ECDC 19.00.110 and 19.00.120 refer only to zoning and building code rights protected by RCW 19.27.095. These sections shall not be interpreted to create vesting rights not protected by RCW 19.27.095 and shall not be interpreted as a further limitation on the administrative obligations and legislative powers of the city. By way of illustration and not limitation, this chapter does not limit: 1. The city council's authority to create local improvement districts; 2. The city council's authority to legislate life safety requirements that are not required to recognize existing vested rights; or 3. Environmental and shorelines review and mitigation procedures. D. Repealed by Ord. 3092. 19.00.130 Evidence of adequate potable water supply required. Prior to the issuance of any building permit, the building code official shall require written evidence of an adequate potable water supply from the purveyor of water to the site for which a building permit is requested. For those areas lying within the service area of the city of Edmonds water utility, the written notification of a duly authorized representative of the city's water utility shall be sufficient; provided, nothing herein shall be interpreted to prevent the city or any of its water purveyors from declaring a moratorium or other water emergency limiting or otherwise restricting the availability of adequate potable water. Applicants relying on a well shall provide a copy of applicable state approval for the appropriation and a current test of water quality by a qualified laboratory. Chapter 19.05 BUILDING PERNUTS - EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREAS Sections: 19.05.000 Preamble - Statement of purpose. 19.05.005 Uniform building code amended. 19.05.010 Application of chapter. 19.05.020 Definitions. 200573 -14- 19.05.030 Required application submissions. 19.05.040 Disclosures, declarations, covenants and waivers. 19.05.050 Bonds and public liability insurance. 19.05.060 Review to determine compliance with engineering practice. 19.05.070 Issuance of permits. 19.05.080 Conditions - Denial. 19.05.090 Construction or use of access roads. 19.05.100 Construction monitoring. 19.05.000 Preamble - Statement of purpose. 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 200573 -15- 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 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 are assumed by the builder and all future owners of the site; and E. Adequate indemnification 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. 19.05.005 Uniform Building Code amended. The provisions of this section amend the 1997 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 Chapter 19.00 ECDC. 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: 200573 -16- A. UBC Chapter 2 Definitions and Abbreviations is hereby amended to include the definitions set forth in ECDC 19.05.020, incorporated by this reference as fully as if herein set forth. B. The substantive and procedural requirements of Chapter 19.05 ECDC 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 Chapter 19.05 ECDC, 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 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 (Chapter 19.05 ECDC); 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 upon in accordance with the provisions of UBC section 1601.5 (Chapter 19.05 ECDC); 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 (Chapter 19.05 ECDC) and the definitions set forth therein, incorporated by this reference as if herein set forth. 5. Repeal section 106.2 of the 1997 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 subject to stated limitations in areas of the City subject to the provisions of Chapter 19.05: 1. One -story detached accessory buildings used as tool and storage sheds, playhouses and similar uses; provided the floor area of the building measured to the exterior wall or post does not 200573 -17- exceed 120 square feet (11.5 square meters) with a maximum eave of 30 inches; 2. Fences not over six feet (1,829 mm) high provided a permit is not required per ECDC 17.30; 3. Oil derricks; 4. Movable cases, counters and partitions not over five feet, nine inches (1,753 mm) high; 5. Retaining walls which are not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, H or III -A liquids or not retaining an existing cut slope; 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 two to one; 7. Uncovered platforms, decks, 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); 12. Hot tubs and spas less than 5000 gallons completely supported by the ground; 13. Grading or fill less than 50 cubic yards; 14. Sport courts less than 2000 square feet; 200573 -18- 15. Rockeries which are not over eight feet (2438 mm) in height measured from the bottom of finished grade to the top of the rockery, unless supporting a surcharge or impounding Class I, II, or III-A liquids or not retaining an existing cut slope; 16. Dock repair. 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 subparagraphs 1, 3, 5, 6, 7, 11, 12, 13, 14, 15, and 16 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 editions of the Uniform Building Code (post 1994 edition) expand or add any exemption from permit requirements, such exception(s) shall not be effective to construction within Earth Subsidence and Landslide Hazard Area unless specifically approved for exemption by ordinance by the Edmonds city council. 19.05.010 Application of chapter. Notwithstanding any contrary provision of these sections 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 sections, 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 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 200573 -19- 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. 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 percent, 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 200573 -20- 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 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 200573 -21- 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 of probability of earth movement is measured at 30 percent 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 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 Map. 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, two -foot to five -foot intervals as needed to show significant topographic features with city of Edmonds' datum properly noted; 3. Property lines; 4. Existing physical 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 on the property and on adjacent properties to the extent that such information is reasonable available; 200573 -22- 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; 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 geotechnical consultant to assure that the geologist meets the qualifications listed in the definition section. 200573 -23- 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 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. 19.05.040 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 susceptibility of the risk or hazard to correction by on -site improvements and the measures taken to mitigate the risk or hazard. 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 200573 -24- 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 lessees 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; 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 200573 -25- form proposed by the owner's geotechnical engineer, geologist, architect and /or structural engineer as approved after the review set forth in ECDC 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 permits authorizing the development. 19.05.050 Bonds and public liability insurance. A. Bonds. 1. 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 ensure completion of the work authorized by the permit, or, if the work is not completed, to assure that the site will be restored to a safe condition. The bond will be exonerated upon occupancy approval or upon final approval of the building permit by the building official. 2. 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. B. Insurance. The owner's contractor shall carry general public liability insurance effective through final occupancy approval, 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 arising from or out of the city's involvement in the permitting process for the project. 1. The owner's contractor shall carry general public liability insurance effective through final occupancy approval, for 200573 -26- 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 arising from or out of the city's involvement in the permitting process for the project. 2. The owner shall also maintain effective upon final approval of the building permit a policy of general public liability insurance, naming the city as an additional named insured, against personal injury, death, property damage and /or loss arising from or out of the city's involvement in the permitting process for the project in an amount which the director determines appropriate given the potential for loss in the event of site failure for a period of not more than 10 years from the date of final approval of the project. If such insurance is practically unavailable, the applicant may request review of alternative methods of assurance under paragraph B(3) of this section. The policy itself may be annually renewed but coverage must be continuously maintained throughout the period. 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 30 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 104.2 of the Uniform Building Code until such time as the insurance has been reinstated. 3. If the applicant is unable to provide adequate insurance coverage under paragraph B(2) of this section, and significant public or private improvements are put at risk by the development, the director may require for a period of not more than 10 years from the date of final approval of the project insurance, bonding, a frozen fund account, a letter of credit or other proof of financial responsibility indicating the applicant's capacity to fulfill its indemnification agreement with the city and to fulfill the applicant's legal responsibility to neighboring properties. 200573 -27- 19.05.060 Review to determine compliance with engineering practice. The city shall require review of the submittals accompanying the application by an engineer, geotechnical engineer, geologist, architect, and /or structural engineer as may be necessary and determined by the city 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 official shall not be required to inquire further into the adequacy of any report, but rather may rely upon the submittals as warranted by the owner and reviewed by the city's consultant. Nothing herein shall relieve the owner of the obligation to submit a completed application fulfilling all the requirements of this chapter in the Uniform Building Code. The full cost of such review or reviews shall be paid by the applicant as a plan check fee in the manner provided by the Uniform Building Code and ECDC Title 15; provided, however, that this plan check fee shall be in addition to the fee established by ECDC 15.00.020(C)(1). 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. 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 200573 -28- 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 percent 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. 19.05.100 Construction monitoring. 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 200573 -29- 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. Chapter 19.10 HOUSING CODE Sections: 19.10.000 Housing code adopted. 19.10.010 Continuing violation. 19.10.020 Penalties. 19.10.030 Board of Appeal. 19.10.000 Housing code adopted. The Uniform Housing Code, 1997 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. 19.10.010 Continuing violation. Maintenance of equipment which was unlawful at the time it was installed and which would be unlawful under this code if installed after the effective date of this code, shall constitute a continuing violation of this code and the preceding code under which it was initially unlawful. 19.10.020 Penalties. Any person, firm, corporation or other organization violating any of the provisions of this code shall be deemed guilty of a misdemeanor and upon conviction thereof be punished as set forth in ECC 5.50.020 and ECDC 20.110. 19.10.030 Board of appeal. Board of Appeal. The City's Hearing Examiner shall act as a board of appeals in making a determination of any appeal arising from actions of, or interpretations by, the building official in accordance with ECDC 19.00.060. 200573 -30- Chapter 19.15 ELECTRICAL CODE Sections: 19.15.000 When code effective. 19.15.010 National electrical code adopted. 19.15.020 State regulations and rules adopted. 19.15.050 Nonliability. 19.15.060 Conflicts - how resolved. 19.15.000 When code effective. If the state of Washington, through its duly designated electrical inspector or inspectors, for any reason fails to continue to inspect electrical installation, license the same or provide the standards, the provisions of the Edmonds electrical code shall be applicable to all electrical installation in the city as if the state of Washington had not exercised jurisdiction of any kind except those provisions specifically adopted by the Edmonds electrical code. 19.15.010 National Electrical Code adopted. The National Electrical Code, 1996 Edition, as published by the National Fire Protection Association, is hereby adopted as the Electrical Code for the City of Edmonds subject to the amendments made herein. 19.15.020 State regulations and rules adopted. The State of Washington Department of Labor and Industries, Electrical Inspection Section, Rules and Regulations for Installing Electric Wiring and Equipment and Administrative Rules, 1996 Edition, is hereby adopted as part of the electrical code of the city of Edmonds. 19.15.050 Nonliability. This chapter shall not be construed to relieve or lessen the responsibility of any person owning, operating or installing any electrical equipment for damages to anyone injured by a defect of the equipment, nor shall the city or its agent be held as assuming any such liability by reason of the inspection under this code or any other code adopted by Title 19 or the certificate of inspection issued by the building department. 200573 -31- 19.15.060 Conflicts - How resolved. If there is any conflict between the electrical code of the city, the Uniform National Electrical Code and /or the rules and regulations as set forth by the state of Washington for electric wires and equipment, then the condition, requirement, provision or term which provides, in the opinion of the building department, for the greatest safety shall be observed and shall control. Chapter 19.20 DANGEROUS BUELDINGS Sections: 19.20.000 Dangerous building code adopted. 19.20.010 Structures contaminated by toxic substances. 19.20.000 Dangerous building code adopted. The Uniform Code for the Abatement of Dangerous Buildings, 1997 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. 19.20.010 Structures contaminated by toxic substances. The Dangerous Building Code, Section 302 Dangerous Building, is hereby amended by the addition of a new subsection 19 to read as follows: 19. Whenever a building or portion thereof is determined to be contaminated with toxic chemicals. A rebuttable presumption is hereby created that a building is contaminated with toxic chemicals if such a determination is made by the Snohomish County Health District, by the Washington State Department of Ecology, or by the U.S. Environmental Protection Agency, in accordance with such criteria and standards as such public agencies shall establish. 200573 -32- Chapter 19.25 MECHANICAL CODE Sections: 19.25.000 Adoption of the Uniform Mechanical Code. 19.25.010 Penalties and continuing violation. 19.25.020 Board of Appeal. 19.25.000 Adoption of the Uniform Mechanical Code. The 1997 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 -42 WAC, are adopted by reference as if fully set forth, as the Mechanical Code of the City of Edmonds. 19.25.010 Penalties and continuing violation. Section 115.5 of the Uniform Mechanical Code as herein adopted by reference is hereby amended and set forth as follows: Section 115.5 Penalties Any person, firm, corporation or other organization violating any of the provisions of this code shall be deemed guilty of a misdemeanor and upon conviction thereof be punished as set forth in ECC 5.50.020 and /or ECDC 20.110. Each and every day a violation occurs, is maintained or is permitted to exist shall be considered a separate violation punishable thereunder. Section 104.4 Maintenance Maintenance of equipment which was unlawful at the time it was installed and which would be unlawful under this code if installed after the effective date of this code, shall constitute a continuing violation of this code. 19.25.020 Board of appeal. Section 110 of the Uniform Mechanical Code, adopted by this chapter, is amended as follows: Board of Appeal. The Hearing Examiner created and established in ECDC 19.00.060 and ECDC 20.100 shall act as a board of 200573 -33- appeals in making a determination of any appeal arising from actions of, or interpretations by, the building official. Chapter 19.30 PLUMBING CODE Sections: 19.30.000 Adoption of Uniform Plumbing Code. 19.30.010 Board of appeal. 19.30.015 Penalties and continuing violation. 19.30.020 Pressure regulators. * 19.30.030 Expansion Tanks. 19.30.000 Adoption of Uniform Plumbing Code. The Uniform Plumbing Code, 1997 Edition (including Appendices A, B, C, D) E and H, but excluding Appendix I), published by the International Association of Plumbing and Mechanical Officials, together with the state amendments set forth in Chapter 51 -46 WAC, are adopted by reference as if fully set forth as the Plumbing Code for the City of Edmonds, subject to Chapter 12 of said code relating to fuel gas piping being superseded by the Uniform Mechanical Code as described in ECDC 19.25.00, and the amendments contained herein. The 1997 edition of the Uniform Plumbing Code Standards is also adopted by reference as if fully set forth, pursuant to Chapter 51 -47 WAC. 19.30.010 Board of appeal. Board of Appeals. The board of appeals created and established in ECDC 19.00.060 and 20.100 shall act as a board of appeals in making a determination of any appeal arising from actions of, or interpretations by, the administrative authority. 19.30.015 Penalties and continuing violation Any person, firm, corporation or other organization violating any of the provisions of this code shall be deemed guilty of a misdemeanor and upon conviction thereof be punished as set forth in ECC 5.50.020 and/or ECDC 20.110. Each and every day a violation occurs, is maintained or is permitted to exist shall be considered a separate violation punishable thereunder. *A scrivener's error was confirmed with the City Attorney, and the heading 19.30.030, Expansion Tanks, was deleted in codification. 200573 -34- 19.30.020 Pressure regulators. A. Residential. An approved type of pressure regulator preceded by an adequate strainer shall be installed on all residential occupancies, adjacent to the water shutoff on the interior of any such occupancy which shall reduce the pressure to 80 psi or less. For potable water services up to and including one and one -half inch regulators, provision shall be made to prevent pressure on the building site of the regulator from exceeding main supply pressure. Approved regulators with integral bypasses are acceptable. The strainer shall be readily accessible for cleaning without removing the regulator or strainer body or disconnecting the supply piping. All pipe size determinations shall be based on 80 percent of the reduced pressure. B. Other. Section 1007(c) of the Uniform Plumbing Code as previously adopted is amended as °follows: C. Any water system provided with a pressure regulating device or check valve at its source or other water system containing water heating devices shall require installation of approved, listed and adequately sized pressure and relief valve. Each water heating device shall have an approved, listed and adequate sized pressure relief valve mounted on the device. C. In addition to the required pressure relief valve, an approved, listed expansion tank designed for intermittent operation for thermal expansion control shall be installed on all new or replaced hot water tank installations. Chapter 19.35 MOVING BUILDINGS Sections: 19.35.000 Permit required. 19.35.010 Application review. 19.35.020 Inspection. 19.35.030 Correction of defects. 19.35.040 Plans required. 19.35.050 Bonds. 200573 -35- 19.35.000 Permit required. Any person who proposes to move an existing building from a site anywhere to a site within the city of Edmonds shall, before the move, apply for and obtain a permit from the building official. 19.35.010 Application review. A. Contents. In order to obtain permits to move any building through, along, across the streets or any public place, the application shall state the street number and legal description of the site where the building is located and of the site to which the building is to be moved and the exact route to be followed in moving the building, the method of moving the building and the time to start and finish the move. B. Review. The application shall be reviewed by the building official, public works director, police chief and any other affected city department. 19.35.020 Inspection. A. Place and Fee. Upon application, and upon payment of the fee, the building official shall notify the applicant of the date and time of his inspection. The inspection shall be made at the original location of the building before it is moved from the site. The inspection fee shall be as established pursuant to Chapter 15.00 ECDC. B. Walls and Ceilings. The applicant shall remove from the building as much of the interior wall and ceiling coverings as is necessary in the judgment of the building official to conduct a thorough inspection of the wiring, plumbing and structural features of the building. C. Required Building Upgrades. The building official shall determine by written policy and site inspection what structural, energy or life- safety upgrades shall be imposed on any building moved into or within City limits. 19.35.030 Correction of defects. If, at or after the time of the inspection, the building official notifies the applicant that any portion of the building, electrical wiring or rough plumbing is in any way in violation of the ordinances of the city of Edmonds, so that compliance will require 200573 -36- a replacement of any parts or materials used, then any defective parts or materials shall be removed from the building before it is moved. 19.35.040 Plans required. No approval shall be given to any application until the applicant has filed with the building official complete plans and specifications of the building in duplicate as it is proposed to be when completed and in place upon its site within the city. 19.35.050 Bonds. A. Compliance. Before moving the building there shall be posted with the city a performance bond, or cash deposit, pursuant to Chapter 17.10 ECDC, in the amount determined by the building official guaranteeing the completion of all improvements necessary in the building to satisfy all code requirements of the city not later than six months after the building is moved to the new site. This performance bond, or cash deposit, shall not be released until the vacated site meets the requirements for sites of demolished buildings, as stated in ECDC 19.00.050. B. City Streets. The holder of a permit to move a building along or across any public place shall bear any and all expenses caused by the moving. If the proposed moving will unduly interfere with the rights of the public, or other persons in such public place, the permit may be denied. Chapter 19.45 SIGN BUILDING CODE Sections: 19.45.000 Adoption of Uniform Sign Code. 19.45.010 Fees. 19.45.020 Projection. 19.45.030 Bench signs. 19.45.040 Board of Appeal. 19.45.050 Penalties and continuing violations. 19.45.000 Adoption of Uniform Sign Code. The Uniform Sign Code, 1997 Edition, as published by the International Conference of Building Officials, is hereby adopted 200573 -37- by reference as if fully set forth, as the Uniform Sign Code for the City of Edmonds, subject to the amendments contained herein. 19.45.010 Fees. Section 304 of the Uniform Sign Code is amended as follows: Section 304(a) Sign permit fees shall be as set in Chapter 15.00 ECDC. (b) Plan Checking Fee. In addition to the permit fee set forth above a plan checking fee shall be paid, where the services of a structural engineer are required by the building official and shall be based on a cost basis for services rendered by the structural engineer. 19.45.020 Projection. Table 4 -A, 4 -B, 4 -C, of the Uniform Sign Code, Projection of Signs, shall not be applicable. 19.45.030 Bench signs. A. Prohibited. 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. Abatement. Any bench signs shall be removed within 60 days of the effective date of Ordinance No. 1388 adopted in 1968. 19.45.040 Board of Appeal. Board of Appeal. The Hearing Examiner under the procedures established in ECDC 19.00.060 and Chapters 20.100 and 20.105 ECDC shall act as a board of appeals in making a determination of any appeal arising from actions of, or interpretations by, the administrative authority. 19.45.050 Penalties and continuing violations. Any person, firm, corporation or other organization violating any of the provisions of this code shall be deemed guilty of a misdemeanor and upon conviction thereof be punished as set forth in ECC 5.50.020 and /or ECDC 19.00.080B and/or 20.110. Each and every day a violation occurs, is maintained or is permitted to 200573 -38- exist shall be considered , a separate violation punishable thereunder. Chapter 19.55 SWE%E%IING POOLS Sections: 19.55.000 Uniform Swimming Pool, Spa and Hot Tub Code adopted. 19.55.010 Definitions. 19.55.020 Location and setbacks. 19.55.030 Fence and gate. 19.55.040 Nuisances. 19.55.050 Responsibility of pool owner. 19.55.060 Violations, penalties and expirations. 19.55.070 . Exemptions. 19.55.000 Uniform Swimming Pool, Spa and Hot Tub Code adopted. The Uniform Swimming Pool, Spa and Hot Tub Code, 1997 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. 19.55.010 Definitions. A. Administrative Authority. Whenever the term "administrative authority" is used in the code it shall mean the building official. B. Building Department Having Jurisdiction. Unless otherwise provided for by law, the office of the administrative authority shall be the building department. 200573 -39- 19.55.020 Location and setbacks. Swimming pools may be located in any use zone in the city of Edmonds. Minimum setback from property lines to the inside face of the pool shall be that required by the zoning ordinance for accessory structures. All other accessory pool buildings and equipment shall meet the normally required setbacks for accessory structures in the zone in which they are located. 19.55.030 Fence and gate. The pool area shall be completely surrounded by a substantial fence at least six feet high. No openings shall be greater than two inches, and a self - closing self - latching gate must be provided, with an inside lock inaccessible to children age five years or younger. The gate shall be securely locked when the pool is unattended. Any pool not presently fenced as required by this section must be fenced within 60 days of the effective date of Ordinance No. 998 adopted in 1963. 19.55.050 Responsibility of pool owner. The pool shall be maintained in a clean and sanitary condition, and all equipment maintained in a satisfactory operating condition when the pool is in use. 19.55.060 Violations, penalties and expirations. Section 106.0 of the Uniform Swimming Pool Code, as heretofore adopted, is hereby amended to read as follows: A. Any person, partnership, firm, corporation or other organization or entity violating any provision of this code shall be deemed guilty of a misdemeanor and upon conviction shall be punishable by a fine and/or imprisonment, or by both such fine and imprisonment, as set forth in ECC 5.50.020 and /or ECDC 20.110. B. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this code or other ordinance or law. No permit presuming to give authority to violate or cancel the provisions of this code or other ordinance or law shall be valid, except insofar as the work or use which it authorizes is lawful. 200573 -40- C. The issuance or granting of a permit or approval of plans shall not prevent the building official from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of this code or of any other ordinance or from revoking any certificate of approval when issued in error. D. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void, if the work authorized by such permit is not commenced within 180 days from the date of issuance of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. Before such work can be recommenced a new permit shall be first obtained, and the fee shall be one -half the amount required for a new permit for such work; provided no changes have been made, or will be made, in the original plans and specifications for such work; and provided, further, that such suspension or abandonment has not exceeded one year. 19.55.070 Exemptions. Section 108.0 of the Uniform Swimming Pool Code is amended to read as follows: Except as provided in Chapter 19.05 ECDC no permit shall be required for: 1. Hot tubs or spas associated with single - family residences, which are of less than 5,000 gallons capacity and completely supported by the ground. 2. Repair work, such as the stopping of leaks in drains, soil, waste or vent pipe; provided, however, that should any trap, drainpipe, soil waste or vent pipe be or become defective and it becomes necessary to remove and replace the same with new material in any part or parts, the same shall be considered as such new work and a permit shall be procured and inspection made as hereinbefore provided. No permit shall be required for the clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, when such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. 3. Prefabricated swimming pools accessory to a single family zoned property in which the pool walls are entirely above 200573 -41- the adjacent grade and the pool capacity does not exceed 5,000 gallons (18,927 L). Chapter 19.65 MARINAS Sections: 19.65.000 Application. 19.65.010 Residential use. 19.65.020 Building code - Compliance required. 19.65.030 Design live loads. 19.65.040 Materials. 19.65.050 Area and location requirements. 19.65.060 FIre requirements. 19.65.000 Application. The provisions of this chapter apply to the construction, changes, repair and use of a small boat marina providing covered floating boat moorage within the city. A marina is a basin of safe anchorage providing moorage for small vessels. 19.65.010 Residential use. There shall be no habitable space or use of any space for living purposes on any portion of a floating boat moorage constructed under the provisions of this chapter, preceding Ordinance No. 1403, adopted in 1968, or whether constructed prior to the adoption thereof. This chapter shall apply only to floating construction located over water and connected by ramp to the shore. 19.65.020 Building code - Compliance required. All construction on or in connection with a marina shall comply with all the provisions of Chapter 19.00 ECDC, including permits, permit fees and penalties and all other applicable ordinances of the city and other applicable law. 19.65.030 Design live loads. A. Decks. Float decks shall have a design live load of at least 40 pounds per square foot. 200573 -42- B. Roofs. The roof structures shall have a design live load of at least 25 pounds per square foot. C. Ramps. The ramps to floats shall have a design live load of at least 40 pounds per square foot. 19.65.040 Materials. A. Roofs. Roof coverings shall be noncombustible. B. Floats. Floating structures and floats shall be material of a type approved by the building official.. 19.65.050 Area and location requirements. A. Length of Floats. The maximum length of any combination of floats shall be 500 feet from the shore end of the gangplank to the outer end of the main float. A main float is a center or side float connected by a ramp to the shore, being fixed laterally by a system of piling but allowed to move vertically, and may have finger floats connected at intervals. B. Length of Roofs. The maximum length of any roof over floats shall be 400 feet, measured along a main float. At least 75 percent of the exterior walls shall be open. The . maximum area covered shall -be 30,000 square feet over any single main float area. C. Separation. The minimum separation of covered moorage shall be 20 feet. D. Floats, piers, and walkways shall provide an aisle not less than 44 inches in width. 19.65.060 lire requirements. A. Hydrants. The maximum distance from any point on a float system to an approved fire hydrant shall be 600 feet, except for fuel floats. Approved fire extinguishers shall be placed at covered moorage along the main float system at intervals not exceeding 120 feet from any single covered boat stall. 200573 -43- B. Fuel Floats. 1. Fuel floats shall be constructed of gas - resistant flotation material and shall be separated from other floats by at least 80 feet of open water. 2. All fuel storage tanks shall be located underground. 3. All fuel lines shall be provided with flexible connections from shore to floating facilities. 4. Fire extinguishers approved by the Edmonds fire department shall be provided near fuel dispensers as approved by the Edmonds fire department. 5. Gangplank access from shore to fuel floats shall be within 175 feet of fuel dispensers. 6. Fresh water taps shall be available on fuel floats. 7. All portions of a fuel float shall be located within 300 feet of a fire hydrant. 8. Moorage at any fuel float shall be prohibited and unlawful except during the shortest time necessary to take on fuel. Moorage shall be unlawful at any fuel float at any time the fuel pumps are not open for business and physically attended by the fuel pump proprietor or his agent or employee. It shall be the independent responsibility of the fuel pump proprietor, vessel operator, and vessel owner to comply with this subsection and each said person or class of persons shall be subject to the penalties of ECC 5.50.020 for any and all violations hereof. Chapter 19.75 FIRE CODE Sections: 19.75.000 Adoption of Life Safety Codes. 19.75.015 Repealed. 19.75.020 Bureau of fire prevention. 19.75.030 Definitions. 19.75.050 Penalties. 19.75.060 Permits. 19.75.070 Fire extinguishers and systems. 19.75.075 Automatic sprinkler systems. 200573 -44- 19.75.080 Modifications. 19.75.090 Tanks abandoned in place. 19.75.100 Water mains and fire hydrants. 19.75.110 Building permits and subdivisions. 19.75.120 Costs. 19.75.140 Location of hydrants (public). 19.75.150 Location of hydrants (private). 19.75.160 Mains and service lines. 19.75.165 Hydrant specifications. 19.75.175 Repealed. 19.75.180 Smoke detectors in Group LC occupancies. 19.75.185 FIre apparatus access roads. 19.75.000 Adoption of Life Safety Codes. A. Uniform Fire Code Adopted. 1. The 1997 edition of the Uniform Fire Code and Appendices I -C, II -F, II-J, III -A, III -B, III-C, III -D, V -A, VI -A, VI -B, VI -D, VI -F and VI -G published by the International Fire Code Institute e, together with the state amendments set forth in Chapter 51 -44 WAC, are adopted by reference as if fully set forth as the Fire Code of the City of Edmonds. 2. The 1997 edition of the Uniform Fire Code Standards as published by the International Fire Code" Institute, together with the state amendments set forth in Chapter 51 -45 WAC, are also adopted by reference as if fully set forth herein. 3. Uniform Fire Code, 1997 edition, Sections 901.2.2.1, 901.4.2 and 902 as amended by WAC 54 -44 -0900 relating to Fire Apparatus Access, Fire Apparatus Access Roads and Fire Department Access are adopted by reference as if fully set forth herein. 4. Uniform Fire Code, 1997 edition, Section 7802.1 and 7802.2 through 7802.4.9 -10 as modified by Chapter 51 -44 are adopted by reference as fully as if herein set forth. B. Life Safety Code Adopted. The "Life Safety Code," 1994 edition, National Fire Protection. Association, publication no. 101, is adopted and by this reference incorporated herein as if set forth in full as the Life Safety Code of the City of Edmonds. In the event of any conflict between the provisions of the Uniform Building Code as adopted by this title and a provisional Life Safety Code, the Uniform Building Code shall prevail. 200573 -45- 19.75.015 Standpipes. Repealed by Ord. 3035. 19.75.020 Bureau of fire prevention. A. Establishment. There is. established in the city fire department a bureau of fire prevention, to be supervised by the fire chief. B. Enforcement of Code. The Uniform Fire Code shall be enforced by the bureau of fire prevention. C. Fire Marshal. The fire marshal, who shall be in charge of the bureau of fire prevention, shall be appointed by the mayor on the basis of applicable civil service rules and regulations for the city. D. Inspectors. The fire chief may detail members of the fire department as inspectors as needed. The fire chief may recommend to the mayor the employment of technical inspectors. If approved, technical inspectors shall be selected through the civil service commission. E. Annual Report. An annual report shall be provided to the mayor. It shall contain all proceedings under this code, with other statistics as the fire chief of the city fire department may wish to include. The fire chief may recommend any changes to the code. 19.75.030 Definitions. Whenever the term legal officer is used in the Uniform Fire Code, it shall mean the city attorney. Whenever the word "municipality" or the word "jurisdiction" is used in the Uniform Fire Code, it shall mean the city of Edmonds. 19.75.050 Penalties. Any person who violates any of the provisions of the Uniform Fire Code as adopted and amended herein or fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal 200573 -46- has been taken, or who fails to comply with such an order as affirmed or modified by the city's hearing examiner or by a court of competent jurisdiction, which the required time, shall severally for each and every such violation and noncompliance, respectively, be guilty of a gross misdemeanor, punishable as provided in ECC 5.50.020. The imposition of one penalty for any violation shall not excuse the violation nor permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. 19.75.060 Permits. Whenever the Uniform Fire Code requires a permit, the application for the permit must be accompanied by an application fee as set in Article 105. All permits must be renewed annually unless a specific time period is set forth when the permit is granted. No permit shall be transferable, and each permit shall be issued on a single job, transaction, owner or occupancy basis. 19.75.070 Fire extinguishers and systems. A. Requirements. A permit or a current license /certification by an approved testing authority shall be required for the servicing of fire extinguishers and fire extinguishing systems. B. Permits and Permit Fees. Applicants for a permit to service fire extinguishers and fire extinguishing systems shall be required to take and pass an examination to be established by the fire marshal. A permit fee of $40 shall be provided by applicant prior to the examination. If the permit is not issued, because the examination is not held or the applicant fails to complete the examination, a refund of the permit fee will be made to the applicant. C. Issuance and Revocation. Permits shall be issued by the fire marshal. The permit may be revoked at any time the permittee fails to comply with city, state or federal regulations. The permit is not transferable and shall be void if the permit holder changes business address or employers. 200573 -47- D. Term. The permit shall expire after five years. The permittee shall then obtain a new permit if he wishes to continue servicing fire extinguishers or fire extinguishing systems. E. Approved License /Certification. The fire marshal may waive permit requirements for applicant when provided with proof of current license or current certification by an approved testing authority. The fire marshal may, as often as necessary, inquire with licensing authority regarding licensing and certification testing methods, requirements and dates of effectiveness, prior to approval for work performed. F. Fire - extinguishing System Certificate of Inspection. A certificate of inspection for every operation, maintenance and repair service shall be forwarded to the fire marshal upon completion of service. One copy of that record shall be maintained on the premises. G. Appeals. Appeals regarding the administration of the fire extinguisher and fire- extinguishing system permit and license approval process may file their appeal with the city's hearing examiner. 19.75.075 Automatic sprinkler systems. An automatic sprinkler system shall be installed throughout every group R occupancy three or more stories in height or containing five or more dwelling units and /or guest rooms. Residential or quick response standard sprinkler heads shall be used in accordance with their approved listing in the dwelling unit and guest room portions of the building. 19.75.080 Modifications. A. Application. The fire marshal may modify any of the provisions of the Uniform Fire Code or this chapter on written application by the owner or lessee when there are practical difficulties in carrying out the strict letter of the code. Approved modifications shall observe the spirit of the code, secure the public safety and do substantial justice. The particulars of an approved modification shall be written by the fire marshal and kept in the records of the department. A signed copy shall be promptly given to the applicant. B. Appeals. Whenever the fire marshal disapproves an application or refuses to grant a permit applied for, or when it is 200573 -48- claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the fire marshal to the city's Hearing Examiner within 15 days from the date of the decision appealed. The Hearing Examiner's decision shall be based on the criteria in subsection A of this section. The Hearing Examiner shall have 30 days from the date of filing the appeal to review the decision and make its decision. Unless the decision is revoked or modified, it shall remain in full force and effect until its expiration date, if any. Such appeals shall be governed by the procedures set forth in Chapters 20.100 and 20.105a ECDC. 19.75.090 Tanks abandoned in place. Tanks abandoned in place shall be abandoned as follows: A. Flammable and combustible liquid shall be removed from the tank and connected piping; B. The suction, inlet, gauge, vapor return and vapor line shall be disconnected; C. The tank shall be filled completely with an inert solid material approved by the fire chief. Exception: Residential heating oil tanks of 1,100 gallons (4,164 liters) or less; provided, however, that the fill line is permanently capped or plugged, below grade, in such a manner as to prevent refilling of the tank; D. Remaining underground piping shall be capped or plugged; and E. A record of the tank size, location, and date of abandonment shall be retained by the property owner and by the City. 19.75.100 Water mains and fire hydrants. All water mains and fire hydrant installations shall meet the provisions of this chapter as well as all other applicable plans, standards and ordinances adopted by the city of Edmonds. 19.75.110 Building permits and subdivisions. Fire hydrants, water mains and appurtenances shall be installed as required by this chapter as a condition of approval of subdivisions 200573 -49- ko and building permits unless conditions of undue hardship warrant a waiver by the fire chief and director of public works of this provision. 19.75.120 Costs. A. Replacement. Water main replacement to city standards, plans and specifications will be accomplished by the city with the property owner paying costs equivalent to the cost of installing a six-inch ductile iron water main and subject to the following conditions: 1. The city will pay for all fire hydrants, system water mains required for looping, and for the cost differential between the cost of a six-inch ductile iron line and the cost for all lines above six inches. 2. The property owners will pay their share by an increase in the monthly water service charge as shall be determined by the city council. 3. Any property owner seeking to connect to the water system subsequent to a replacement shall, as a condition to the approval of the connection, pay a sum equal to. the actual cost of each connection, plus a reasonable connection charge as the city council shall determine so that the property owner shall bear an equitable share of the total cost. B. New Installation. The installation of water mains to properties not previously served shall be at the benefited property owner's or developer's expense. C. Larger Mains. Oversized water mains required for special use demands shall be installed at the developer's or property owner's expense. D. Latecomers. If the water mains installed pursuant to subsections B and C of this section provide service or benefits to properties other than owned by the water main installer, latecomer agreements may be arranged between the city and the installer for the construction and dedication of the water facilities pursuant to the provisions of Chapter 35.91 RCW. 19.75.140 Location of hydrants (public). A. Definition. Public hydrants are those owned by the city. 200573 -50- B. Intersections and Spacing. All public fire hydrants shall be installed at street intersections where possible. Public hydrants spacing shall be measured along vehicle access routes. C. Single - Family Residential Areas. In areas zoned for single - family residential use, public hydrants shall be spaced no more than 600 feet apart. If dead -end streets, or driveways, singly or in combination, are over 300 feet long, additional public hydrants shall be installed so that the public hydrant spacing is not over 600 feet. D. Other Areas. In areas other than single- family residential, public fire hydrants shall be spaced an average of 300 feet apart. If dead -end streets or driveways, singly or in combination are over 150 feet long, additional public hydrants shall be installed so that the public hydrant spacing is not over 300 feet. 19.75.150 Location of hydrants (private). A. Definition. A private hydrant is privately owned, but is subject to the use of the city for inspection and testing at reasonable times, and for fire suppression at any time. B. When Required. All buildings except single - family dwellings that are located so that a portion is more than 200 feet from a street, as measured along vehicle access routes, shall have private fire hydrants located at the building. C. Minimum Requirements. Buildings having required fire flows of less than 2,500 gallons per minute may have fire hydrants on one side of the building only. There shall never be fewer than two fire hydrants for any building larger than 5,000 square feet in the first floor area including covered parking and storage. When the required fire flow is over 2,500 GPM, the fire hydrants shall be served by a loop main around the building or complex of buildings. D. Spacing. Fire hydrants shall be spaced on an average 300 feet around the perimeter line, 50 feet out of the buildings. All hydrants shall be placed in a location accessible to fire department vehicles or where there are roads. The fire chief shall determine the location of fire hydrants depending on utility, topography and building location for maximum fire protection. 200573 -51- 19.75.160 Mains and service lines. A. Main Size. All public hydrants in single - family areas shall be supplied by not less than six-inch looped water mains. All hydrants in areas other than single - family residential shall be supplied by not less than eight -inch looped water mains. Dead end water mains to hydrants must be at least eight inches in diameter, with the exception of mains up to 50 feet long which may be no less than six inches in diameter. B. Service Lines. The service line from the water main to the hydrant shall be no less than six inches in diameter. Any service lines over 50 feet in length from water main to hydrant shall be no less than eight inches in diameter. C. Street Improvements. When city streets, or state highways having water mains in the public right -of -way, are improved to permanent street or highway improvement standards, any water mains in the public right -of -way of said streets or highways that are substandard as to size or material according to applicable city standards shall be replaced with ductile iron water mains conforming to applicable city standards and plans.. 19.75.165 Hydrant specifications. A. Flush Type Hydrant. The installation of flush type hydrants (hydrants entirely below grade) is prohibited. B. Outlets. Fire hydrants shall have two two- and - one -half inch hose outlets and one four - and - one -half inch pumper outlet. All outlets ports shall have national standard thread, and valve openings no less than five inches in diameter. Fire hydrants shall meet the American Water Works Association, Standard No. C -502. C. Installation, Fittings and Valves. Fire hydrants shall be installed to meet sound engineering practices and to the approval of the public works department, who shall also approve the selection and use of all pipe fittings and valves. There shall be a foot valve installed between the service main and the hydrant sufficient to permit the repair and replacement of the hydrant without disruption of water service. The foot valve shall be installed to public works department standards. The location of all such valves installed shall be properly and accurately marked on as -built plans or drawings with generally acceptable engineering 200573 -52- detail, two copies of which shall be furnished to the public works department. Valves shall be furnished with a standard valve box. D. Street Grade and Hydrant Clearance. Hydrants shall stand plumb, be set to established street grade with the lowest outlet of the hydrant at least 18 inches above the street grade and at least 36 inches of clear area around the hydrant for clearance of hydrant wrench on both outlets and on the control valve. The pumper port shall face the street, as determined by the fire chief. E. Hydrant Protection. Where needed for hydrant protection from damage, the fire chief may require hydrants to be protected by two or more posts, eight inches in diameter by five feet long, made either of reinforced concrete or steel. F. Existing Hydrants. If there presently exists fire hydrants which do not conform to these requirements, when replaced they shall be replaced with hydrants which conform. G. Surrounding Vegetation. No person shall plant any vegetation, erect any structure or perform any action which results in the obstruction of a fire hydrant for a distance of 50 feet along the immediate route of approach. The owner - occupant of any area in which a hydrant is located shall be responsible for removing weed and tree growth from around the hydrant for a distance of not less than five feet. The purpose of this section is to maintain clear approach and visual area around the hydrant. H. Installation and Approval. The installation of the fire hydrants and mains may be accomplished by contract or public works department employees. All installations are to be approved by the city engineer. I. Testing and Flushing. Following the installation of fire hydrants, all pipes, valves and hydrants shall be pressure tested, purified, flushed and sampled to meet the requirements of the American Water Works Association, Standard No. C -502. 19.75.175 Smoke detectors in multi -family residential buildings. Repealed by Ord. 3035. 200573 -53- 19.75.180 Smoke Detectors in Group LC Occupancies. State licensed and regulated single family homes providing care as Group LC Occupancies defined in UBC Section 313.1 of 51.40 WAC and licensed for up to sixteen individuals, shall install hardwired, interconnected smoke detectors, with battery backup, throughout the building. Smoke detectors shall be provided in every sleeping area, outside every sleeping area and on each floor of the dwelling and in other locations required by the fire marshall in accordance with the standards established pursuant to 19.75.000. 19.75.185 Fire apparatus access roads. Section 902.2.2.2 of the 1997 edition of the Uniform Fire Code as adopted 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. Chapter 19.80 STREET NAMES AND NUMBERING Sections: 19.80.000 Adoption of street name map. 19.80.010 Existing street names and numbers. 19.80.020 Designating official. 19.80.030 New streets. 19.80.040 Change of name. 19.80.050 Property numbers. 19.80.060 Numbering criteria. 19.80.070 Other street names and premises numbers prohibited. 19.80.000 Adoption of street name map. There is established a uniform system of numbering properties, buildings and structures and an official system and designation of street names, in the city of Edmonds. The street names are those depicted on that map entitled, "Street Name Map of the City of Edmonds, Washington," a copy of which has been authenticated by the mayor of the city and the attestation of the city clerk which shall be maintained and kept current by the community services director or designee. The map and all explanatory matter on the 200573 -54- map is re- adopted and affirmed and by this reference is incorporated herein as if set forth in full. 19.80.010 Existing street names and numbers. All properties or parcels of land, buildings, structures and street names within the corporate limits of the city of Edmonds shall be identified by reference to the system of names and numbering adopted in this chapter. All existing. numbers and street names not now in conformity. with the provisions of this chapter shall be changed to conform to the system adopted in this chapter, on or by October 15, 1969. 19.80.020 Designating official. The designating official shall be the community services director or designee for the city of Edmonds who shall consult with other affected departments of the city in designating street names and property numbers. The maps and records adopted and provided for in this chapter shall be maintained by the community services director or designee. 19.80.030 New streets. Newly built streets and streets officially designated on the official, street map shall be given the name shown on the approved subdivision or official street map, subject to review and approval of the community services director or designee. The community services director or designee shall then change the street name map, indicating the date of revision, properly approved and attested by the mayor and city clerk. 19:80.040 Change of name. Changes to the name of any street on the street name map shall be by action of the city council only by ordinance changing the street name map. 19.80.050 Property numbers. A. Record. The building official shall maintain a book of all buildings and structures and their officially designated property numbers. The records shall be open to public inspection. Upon the request of any owner of a structure or building already in existence for which no number has been officially designated, the 200573 -55- designating official shall designate a number for the building or structure and enter the same in his records. B. New Buildings. Whenever any building or structure is erected or located in the city of Edmonds, the owner or occupant of the building or structure shall promptly fasten the number or numbers assigned by the building official to the building or structure. No building permit shall be issued for any building or structure until the owner or contractor has obtained the official number. Final approval of any building or structure, newly erected, repaired or changed, shall be withheld by the building official until permanent and proper numbers have been affixed to the building or structure. 19.80.060 Numbering criteria. A. Size and Location. All owners or occupants of all buildings and structures in the city of Edmonds, other than garages or other similar buildings or structures of a secondary nature to the primary building or structure, shall affix and maintain the officially designated premises number to the building or structure with numerals at least three inches high in colors contrasting with the background in such manner and location as to be plainly visible from the street. When topography or vegetation may obscure vision from the street, the numerals shall be affixed as to be as reasonably visible from the street as possible under the circumstances. B. Multiple Entrances. 1. Where any building or structure has more than two entrances (other than multiple residential structures, clinics, nursing homes, hotels, motels and similar buildings and structures) serving separate occupants, a separate suite number shall be assigned to each entrance serving an occupant. 2. Duplexes and other buildings or structures having two front entrances for separate occupants shall have a separate unit or suite number for each entrance. 3. Multiple family residential structures, clinics, nursing homes and other similar structures having only one main entrance, or central office entrance, shall be assigned only one number and the separate appurtenant units shall share a letter or other unit designation such as A, B, C, Apartment No., or similar 200573 -56- designation, in addition to the number assigned to the principal entrance of the building or structure. C. Base Line. All buildings or structures facing streets not extending through to the base line shall be assigned the same relative numbers as if the street had extended to the base line. 19.80.070 Other street names and premises numbers prohibited. It is unlawful for any owner or occupant of any premises, building or structure to display a street name or premises number other than those officially designated pursuant to the provisions of this chapter. Chapter 19.90 ENERGY CODE Sections: 19.90.000 Adoption of State Energy Code. 19.90.010 Violations and penalties. 19.90.000 Adoption of State Energy Code. The Washington State Energy Code is hereby adopted by reference as if fully set forth as the Energy Code of the City of Edmonds, pursuant to Chapter 19.27A RCW and Chapter 51 -11 WAC. 1992]. 19.90.010 Violations and penalties. Violations of the energy code are described in WAC 51 -11 -0106, and shall be punished according to ECDC 5.50.020 and 20.110. Chapter 19.95 BARRIER FREE DESIGN STANDARDS Sections: 19.95.000 Barrier Free Code 19.95.010 Violations and penalties. 19.95.020 Board of Appeal. 200573 -57- 19.95.000 Barrier Pree Code. WAC 51 -40 -1101 as amended by the State Building Code Council is adopted in its entirety as the Barrier Free Code of the City of Edmonds. 19.95.010 Violations and penalties. Violations of the barrier free code are punished according to ECDC 5.50.020 and 20.110 19.95.20 Board of Appeal. As set forth in WAC 51 -40 -1114, requests to review the standards for accessibility for existing buildings may be filed with the building official in accordance with ECDC 20.100. An appeal from the decision of the Building Official may be taken to the Hearing Examiner in accordance with the requirements of ECDC 19.000.060(B). Chapter 19.96 VENTILATION AND INDOOR AIR QUALITY STANDARDS Sections: 19.96.000 Adoption of ventilation and indoor air quality standards. 19.96.010 Violations and penalties. 19.96.000 Adoption of ventilation and indoor air quality standards. The Washington Ventilation and Indoor Air Quality Code is hereby adopted by reference as if fully set forth as the Ventilation and Indoor Air Quality Code of the City of Edmonds, pursuant to RCW 19.27.190 and Chapter 51 -13 WAC. 19.96.010 Violations and penalties. Violations of the ventilation and indoor air quality code are described in WAC 51 -13 -107, and shall be punished according to ECC 5.50.020 and 20.110. 200573 -58- Chapter 19.97 FLOOD PLAIN MANAGEMENT Sections: 19.97.010 Statement of purpose. 19.97.020 Definitions. 19.97.030 General provisions. 19.97.040 Administration. 19.97.050 Provisions for flood hazard reduction. 19.97.060 Penalties for violation. 19.97.070 Severability. 19.97.010 Statement of purpose. It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by methods and provisions designed for: A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; B. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; C. Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; D. Controlling filling, grading, dredging, and other development which may increase flood damage; and E. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. 19.97.020 Definitions. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable 200573 -59- application. The following terms are defined for the purposes of this chapter only: A. "Area of shallow flooding" means a designated AO or AH zone on the Flood Insurance Rate Map (FIRM). The base flood depths in such areas range from one to three feet, a clearly defined channel does not exist, the path of flooding is unpredictable and indeterminate, and velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding. B. "Area of special flood hazard" means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. Designation of such areas on maps always includes the letters A or V. C. "Critical facility" means a facility for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use, or store hazardous materials or hazardous waste. D. "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year. E. "Development" means 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 located within an area of special flood hazard. F. "Flood or flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: 1. The overflow of inland or tidal waters; and /or 2. The unusual and rapid accumulation of runoff of surface waters from any source. G. "Flood Insurance Rate Map" (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. H. "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood 200573 -60- profiles, the Flood Boundary- Floodway Map, and the water surface elevation of the base flood. I. "Lowest floor" means 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 chapter found in ECDC 19.97.050(B)(1)(b). J. "Manufactured home" means 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 connected to the required utilities. For flood plain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles. K. "Manufactured home park or subdivision" means a parcel (or continuous parcels) of land divided into two or more manufactured home lots for rent or sale. L. "New construction" means structures for which the "start of construction" commenced on or after the effective date of the ordinance codified in this chapter. M. "Start of construction" includes substantial improvement, and means the date the building permit was issued; provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. 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 foundation 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. 200573 -61- N. "Structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground. O. "Substantial improvement." 1. "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: a. Before the improvement or repair is started; or b. If the structure has been damaged and is being restored, before the damage occurred. 2. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the . external dimensions of the structure. The term does not, however, include either: a. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions; or b. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. P. "Water dependent" means a structure for commerce or industry which cannot exist in any other location and is dependent upon the water by reason of the intrinsic nature of its operations. 19.97.030 General provisions. A. Lands to Which This Chapter Applies. This chapter shall apply to all areas of special flood hazards within the jurisdiction of the city of Edmonds. B. Basis for Establishing the Areas of Special Flood Hazard. For purposes of this chapter, the areas of special flood hazard for the city of Edmonds are hereby declared generally to be those areas shown as "Zone A" on the map designated "Flood Insurance 200573 -62- Rate Map, City of Edmonds, Washington, Snohomish County, Community Panel No. 530163 0005 D," as revised February 19, 1986, which map is hereby adopted by this reference as a part of this chapter as if fully set forth herein. Base flood elevations and floor hazard factors for those areas shown on Zone A on the map have not been determined and the local flood management administrator shall utilize such other data as may be reasonably available from federal, state or other sources in administering this chapter as provided in ECDC 19.97.040(C)(2). The Flood Insurance Rate Map is on file in the office of the city clerk. 19.97.040 Administration. A. Development Permit Required. A development permit shall be obtained before construction or development begins within any area of special flood hazard established in the studies or maps adopted by ECDC 19.97.030(B). The permit shall be for all structures including manufactured .homes, and for all development including fill and other activities, as defined in ECDC 19.97.020. B. Application for Development Permit. Application for a development permit shall be made on forms furnished by the community. services department 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: 1. Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures; 2. Elevation in relation to mean sea level to which any structure has been flood proofed; 3. Certification by a registered professional engineer or architect that the flood proofmg methods for any nonresidential structure meet the flood proofmg criteria in ECDC 19.97.050(B)(2); and 4. Description of the extent to which any water course will be altered or relocated as a result of proposed development. C. Designation of the Local Flood Management Administrator. The building official of the city of Edmonds is hereby appointed to administer and implement all provisions of this chapter with the 200573 -63- exception of those relating to subdivision proposals, by granting or denying development permit applications in accordance with its provisions. The city engineer is hereby appointed to administer and implement this chapter as it relates to subdivision proposals. D. Duties and Responsibilities of the Local Flood Management Administrator. Duties of the local flood management administrator in connection with this chapter shall include, but not be limited to: 1. Reviewing all development permits to determine that the permit requirements of this chapter have been satisfied; 2. Reviewing all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required; 3. Reviewing all development permits to determine if the proposed development is located in the floodway. If the development is located in the floodway, the local flood management administrator shall assure that the provisions of ECDC 19.97.050(C) are met. E. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with ECDC 19.97.030(B), the local flood management administrator, shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer ECDC 19.97.050. F. Information to be Obtained and Maintained. 1. Where base flood elevation data is provided through the Flood Insurance Study or required as in subsection D of this section, the local flood management administrator shall obtain from each development permit applicant and record 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. 2. For all new or substantially improved floodproofed structures, the local flood management administrator shall: a. Verify and record the actual elevation (in relation to mean sea level), and 200573 -64- b. Maintain the floodproofmg certifications as required in ECDC 19.97.050(B)(3). 3. The local flood management administrator shall maintain for public inspection all records pertaining to the provisions of this chapter. G. Alteration of Watercourses. The local flood management administrator shall: 1. Notify adjacent communities and the Washington State Department of Ecology prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; and 2. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. H. Interpretation of FIRM Boundaries. The local flood management administrator shall make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). 19.97.050 Provisions for flood hazard reduction. A. General Standards. In all areas of special flood hazards the following standards must be met: 1. Anchoring. a. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. b. All manufactured homes must likewise 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 and frame ties to ground anchors or other techniques described in the Federal Emergency Management Agency's "Manufactured Home Installation in Flood Hazard Areas" guidebook. 2. Construction Materials and Methods. 200573 -65- a. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. b. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. C. Electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities shall be designed and /or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 3. Utilities. a. All new replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters; and C. On -site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 4. Subdivision Proposals. a. All subdivision proposals shall be consistent with the need to minimize flood damage; b. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage; C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and d. 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 proposed development which contain at least 50 lots or five acres (whichever is less). 200573 -66- 5. Review of Building Permits. Where elevation data is not available either through the Flood Insurance Study or from another authoritative source, applications for building permits 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. Failure to elevate at least two feet above grade in these zones may result in higher insurance rates. B. Specific Standards. In all areas of special flood hazards where base flood elevation data has been provided as set forth in ECDC 19.97.030(B), Basis for Establishing the Areas of Special Flood Hazard or ECDC 19.97.040(E), the following provisions are required: 1. Residential Construction. a. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above base flood elevation. b. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: L A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; ii. The bottom of all openings shall be no higher than one foot above grade; iii. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit automatic entry and exit of flood waters. 2. Nonresidential Construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the level of the base 200573 -67- flood elevation; or, together with attendant utility and sanitary facilities, shall: a. Be flood proof so that below one foot above the base flood level the structure is watertight with walls substantially impermeable to the passage of water; b. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; C. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and /or review of the structural design, specifications and plans. Such certification shall be provided to the local flood management administrator as set forth in ECDC 19.97.0400(2); d. Nonresidential structures that are elevated, not flood proof, must meet the same standards for space below the lowest floor as described in subsection B(1)(b) of this section; and e. Applicants flood proofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the flood proofed level (e.g., a building flood proofed to one foot above the base flood level will be rated as at the base flood level). 3. Critical Facility. Construction of new critical facilities shall be, to the extent possible, located outside the limits of the base flood plain. Construction of new critical facilities shall be permissible within the base flood plain if no feasible alternative site is available. Critical facilities constructed within the base flood plain shall have the lowest floor elevated to three feet or more above the level of the base flood elevation at the site. Flood proofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into flood waters. Access routes elevated to or above the level of the base flood plain shall be provided to all critical facilities to the extent possible. 4. Manufactured Homes. All manufactured homes to be placed or substantially improved within Zones Al -30, AH and AE, if and where those zones exist in the city, shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is one foot or more above the base flood 200573 -68- elevation, and be securely anchored to an adequately anchored foundation system in accordance with the provisions of subsection A(1)(b) of this section. This subsection applies to manufactured homes to be placed or substantially improved in an expansion to an existing manufactured home park or subdivision. This subsection does not apply to manufactured homes to be placed or substantially improved in an existing manufactured home park or subdivision except where the repair, reconstruction, or improvement of the streets, utilities and pads equals or exceeds 50 percent of the value of the streets, utilities and pads before the repair, reconstruction or improvement has commenced. C. Floodways. Located within areas of special flood hazard established in ECDC 19.97.030(B) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: 1. Encroachments, including fill, new construction, substantial improvements, and other development are prohibited unless certification by a registered professional engineer or architect is provided demonstrating that encroachments will not result in any increase in flood levels during the occurrence of the base flood discharge. 2. Construction or reconstruction of residential structures is prohibited within designated floodways, except for: a. Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and b. Repairs, reconstruction or improvements to a structure, the cost of which does not exceed 50 percent of the market value of the structure either: Before the repair, reconstruction or repair is started, or ii. If the structure has been damaged, and is being restored, before the damage occurred. Work done on structures to comply with existing health, sanitary or safety codes or to structures identified as historic places shall not be included in the 50 percent. 200573 -69- 3. If subsection C(1) of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this section. D. Wetlands Management. To the maximum extent possible, short and long term adverse impacts associated with the destruction or modification of wetlands, especially those activities which limit or disrupt the ability of the wetland to alleviate flooding impacts, shall be avoided. In order to implement this goal, the local flood management administrator shall: . 1. Review proposals for development within base flood plains for their possible impacts on wetlands located within the flood plain; 2. Ensure that development activities in or around wetlands do not negatively affect public safety, health and welfare by disrupting the wetlands' ability to reduce flood and storm drainage; and 3. Request technical assistance from the Department of Ecology in identifying wetland areas. Existing wetland map information from the National Wetlands Inventory (NWI) can be used in conjunction with the city's FIRM to prepare an overlay flood zone indicating critical wetland areas deserving special attention. 19.97.060 Penalties for violation. A. Any person or persons who violate or fail to comply with any of the provisions of this chapter, or any part thereof, shall, upon conviction of the violation, be punished by a fine in any sum not to exceed the sum of $500.00, or by imprisonment in jail for a term not exceeding 90 days, or by both such fine and imprisonment, as provided in ECC 5.50.020. Each separate day during which any violation occurs or continues shall be deemed to constitute a separate violation of this chapter, and, upon conviction thereof, shall be punished as provided in this section and ECC 5.50.020 and 20.110. B. In addition to the criminal penalties provided in subsection A of this section, any condition caused or permitted to exist in violation of the provisions of this chapter is declared to be a public nuisance and all remedies given by law for the prevention and abatement of nuisances shall apply thereto. 200573 -70- 19.97.070 Severability. If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. Chapter 19.100 MMATION OF BENEFITED AND PROTECTED CLASSES Sections: 19.100.000 Limitation of benefited and protected classes. 19.100.000 Limitation of benefited and protected classes. The uniform and other building codes adopted by Title 19 ECDC are for the purpose of providing for and promoting the health, safety and welfare of the general public. Nothing in this title shall be interpreted to create or otherwise establish any particular class or group of persons who will or would be especially protected or benefited by the adoption of any code in this title. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance, being an exercise of a power specifi- cally delegated to the City legislative body, is not subject to referendum, and shall take effect 200573 -71- five (5) days after passage and publication of an approved summary thereof consisting of the title. ... elym MAYOR BARBARA S. FAHEY ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: . OFFICE OF THE CITY ATTORNEY: BY ( s6tor& FILED WITH THE CITY CLERK: 06/12/98 PASSED BY THE CITY COUNCIL: 06/16/98 PUBLISHED: 06/26/98 EFFECTIVE DATE: 07/01/98 ORDINANCE NO. 3215 200573 -72- r� ......................................... ted to its subscribers .......... ............................... Principal Clerk Subscribed and sworn to before me this ......... 26rh .......... June daof.....---- . ..... ....................... Notar Public in and for the residing at Everett, Snoh`,I,r� .•� 0 BE J. NOTARY o Pusuc ' z sN�•,4,# ati:�p. 1 . 8 ...... ........, ........ of ashin>;ton, B -2 -1 Affidavit of Publication RECEIVED JUN 3 91998 STATE OF WASHINGTON, COUNTY OF SNOHOD&ISH, EDMONDS CITY CLERK SUMMARY OF ! ORDINANCE NO. 3215 of the of City The undersigned, being first duly sworn on oath deposes and says the On the n 161h day offOJune, 7998, the City Council of the that she is Principal Clerk of THE HERALD, a daily newspaper . City ' of Edmonds, gassed .Or dinance No. 3215. A sum. printed and published in the City of -Everett, County of Snohomish, mary of the content of said 'title. provides asp follows f Ine,, and State of Washington; that said newspaper is a newspaper of SAN ORDINANCE OF THE CITY OF EMNDS, WASH. INGTONAMENDING ! � , THE ' general circulation In said County and State; that said newspaper PROVISIONS OF TITLE 19: BUILDING CODES TO ADOPT has been approved as a legal newspaper by order of the Superior CODEi9AND FIXING A TTIME WHEN THE SAME SHALL Court of Snohomish County and that the notice ......... ............................... BECOME EFFECTIVE. The full text of this^ Ordinance wilt be mailed upon request. i Summary of Ordinance No. 3215 DATED this 77th da oY' June. 1998. ... ...."""""' ................ CITY CLERK ne PublishedSJ 26. 998. - - - , - ......................................................................................... ............................... -•--• ...............................'....................................-----........... ..........................-- °-- ....................................................... 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: • June 26, 1998 ....................................................................................................... ......................... ...... r� ......................................... ted to its subscribers .......... ............................... Principal Clerk Subscribed and sworn to before me this ......... 26rh .......... June daof.....---- . ..... ....................... Notar Public in and for the residing at Everett, Snoh`,I,r� .•� 0 BE J. NOTARY o Pusuc ' z sN�•,4,# ati:�p. 1 . 8 ...... ........, ........ of ashin>;ton, B -2 -1