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Ordinance 35020006.90000 WSS /gjz 5/8/04 ORDINANCE NO. 3502 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING AND REENACTING TITLE 19 BUILDING CODES, EXEMPTING ONLY THE EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA PROVISIONS FROM CHAPTER 19.05, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the City enacts the various building and other construction codes in accordance with the requirements of Chapter 19.27 RCW, and WHEREAS, the State Building Code Council has adopted and the City of Edmonds is required to adopt various versions of the International Building Code, and WHEREAS, the City Council deems it to be in the public interest to amend such codes in accordance with their prior application, understanding and enforcement within the City of Edmonds, and WHEREAS, the City is separately reviewing provisions of Chapter 19.05 relating to earth subsidence and landslide hazard areas and intends that this enactment merely renumber the existing chapter pending its review, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds Community Development Code, Title 19, excepting Chapter 19.05 relating to earth subsidence and landslide hazard areas is hereby repealed. Chapter 19.05 is hereby renumbered as Chapter 19. 10, but no provision thereof shall be deemed to be repealed, amended or otherwise affected by the reenactment of the remainder of this Title. {WSS570922.DOC;1/00006.900000/} - 1 - Section 2. The Edmonds Community Development Code is hereby amended by the reenactment of Title 19 Building Codes to read as follows: Title 19 BUILDING CODES Chapters: 19.00 Building Code 19.05 Residential Building Code 19.10 Earth Subsidence and Landslide Hazard Areas 19.15 Mechanical and Fuel Gas Code 19.20 Plumbing Code 19.25 Fire Code 19.30 Energy Code 19.35 Ventilation Code 19.40 Dangerous Building Code 19.45 Housing Code 19.50 Historic Building Code 19.55 Electrical Code 19.60 Moving Buildings 19.65 Marinas 19.70 Fees 19.75 Street Names and Address Numbering 19.80 Board of Appeals 19.85 Penalties 19.90 Limitation of Benefited and Protected Classes Chapter 19.00 BUILDING CODE Sections: 19.00.000 International building code adopted. 19.00.005 Section amendments. 19.00.010 Work exempt from permit. 19.00.015 Fully complete application. 19.00.020 Concurrent review. 19.00.025 Architectural design review - optional vesting. 19.00.030 Demolition permits. 19.00.000 International building code adopted. Under the statutory authority of RCW 19.27.031 and RCW 19.27.074, the 2003 edition of the International Building Code (IBC) as published by the International Code Council (ICC), {WSS570922.DOC;1/00006.900000/1 2- including the state amendments set forth in RCW 34.05.360 and WAC 51 -50, including the following Appendices; E (Supplementary Accessibility Requirements), G (Flood- Resistant Construction), H (Signs), and J (Grading) is hereby adopted by reference as if fully set forth as the building code of the city of Edmonds. The provisions of this 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. Referenced codes. Where the following codes are referenced within any of the codes adopted and amended in ECDC Title 19, they shall be substituted as follows: A. International Building Code shall mean the Building Code as adopted and amended in ECDC Title 19. B. International Residential Code shall mean the Residential Building Code as adopted and amended in ECDC Title 19. C. International Mechanical Code shall mean the Mechanical Code as adopted and amended in ECDC Title 19. D. International Fuel Gas Code shall mean the Fuel Gas Code as adopted in RCW 19.27 and in accordance with the Mechanical Code as adopted and amended in ECDC Title 19. E. International Fire Code shall mean the Fire Code as adopted and amended in ECDC Title 19. F. Uniform Plumbing Code shall mean the Plumbing Code as adopted and amended in ECDC Title 19. G. Washington State Energy Code shall mean the Energy Code as adopted and amended in ECDC Title 19. H. The National Electrical Code shall mean the Electrical Code as adopted and amended in ECDC Title 19. I. Uniform Housing Code shall mean the Housing Code as adopted and amended in ECDC Title 19. J. Uniform Code for the Abatement of Dangerous Buildings shall mean the Dangerous Building Code as adopted and amended in ECDC Title 19. {WSS570922.DOC;1/00006.900000/1 - 3 - K. State Historic Building Code shall mean the Historic Building Code as adopted and amended in ECDC Title 19. L. Washington State Ventilation and Indoor Air Quality Code shall mean the Ventilation Code as adopted and amended by ECDC Title 19. M. International Existing Building Code -not adopted. All references shall be disregarded. N. International Property Maintenance Code -not adopted. All references shall be disregarded. O. International Electrical Code -not adopted. All references shall be disregarded. These codes shall be considered part of the requirements of this code to the prescribed extent of each such reference. 19.00.005 Section amendments. The following sections of the IBC have been added, amended, deleted or replaced as follows: A. Chapter 1 Administration. 1. Section 104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. The building official is also authorized to use Chapter 20.110 ECDC for code compliance in addition to the remedies provided for in this code. 2. Section 105.1.1 Annual permit. Deleted. 3. Section 105.1.2 Annual permit records. Deleted. 4. Section 105.2 Work exempt from permit. Replaced by ECDC 19.00.010. 5. Section 105.3.2 Time limitation of permit application. a. Applications, for which no permit is issued within 180 days following the date of application, shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. {WSS570922.DOC;1/00006.900000/} - 4 - b. The building official may extend the time for action by the applicant for a period not exceeding 180 days prior to such expiration date. c. No application shall be extended more than once for a total application life of 360 days. In order to renew action on an expired application, the applicant shall submit a new application, revised plans based on any applicable code or ordinance change, and pay new plan review fees. 6. Section 105.5 Permit expiration and extension. a. Every permit issued under ECDC Title 19 shall expire by limitation 360 days after issuance, except as provided in ECDC 19.00.005(A)(6)(b). b. The following permits shall expire by limitation, 180 days after issuance and may not be extended: i. Demolition permits required by ECDC 19.00.030; ii. Permits for Moving Buildings required by Chapter 19.60 ECDC; iii. Mechanical permits; iv. Tank removal, tank fill, or tank placement permits; v. Grading, excavation and fill permits; vi. Water service line permits; vii. Plumbing permits; viii. Gas piping permits; ix. Deck and dock permits; x. Fence permits; xi. Re -roof permits; xii. Rockery and retaining wall permits; xiii. Swimming pool, hot tub and spa permits; xiv. Sign permits; {WSS570922.DOC;1/00006.900000/) - 5 - xv. Shoring permits; xvi. Foundation permits. c. Prior to expiration of an active permit the applicant may request in writing an extension for an additional year. If the plans and specifications for the permit extension application are the same as the plans and specifications submitted for the original permit application and provided there has been at least one (1) required progress inspection conducted by the city building inspector prior to the extension, the permit shall be extended. Permit fees shall be charged at a rate of one half the original building permit fee to extend the permit. d. If the applicant cannot complete work issued under an extended permit within a total period of two (2) years, the applicant may request in writing, prior to the second year expiration, an extension for a third and final year. Provided there has been at least one (1) required progress inspection conducted by the city building inspector prior to the extension, the permit shall be extended for a third and final year. In lieu of permit fees for the third year extension, inspection fees shall be charged for the remaining work based on the number of required inspections remaining for the project for all city departments. e. The maximum amount of time any building permit may be extended shall be a total of three (3) years. At the end of any three (3) year period starting from the original date of permit issuance, the permit shall become null and void and a new building permit shall be required, with full permit fees, in order for the applicant to complete work. The voiding of the prior permit shall negate all previous vesting of zoning or building codes. Whenever an appeal is filed and a necessary development approval is stayed in accordance with ECDC 20.105.020(B), the time limit periods imposed under this section shall also be stayed until final decision. f. The building official may reject requests for permit extension where he determines that modifications or amendments to the applicable zoning and building codes have occurred since the original issuance of the permit and/or modifications or amendments would significantly (WS S570922.DOC;1/00006.900000/} - 6 - promote public health and safety if applied to the project through the issuance of a new permit. 7. Section 105.5.1 Recommence work on an expired permit. a. In order to recommence work on an expired permit, a new permit application with full permit fees shall be submitted to the building official. b. New permit applications shall be reviewed under current zoning and building codes in effect at the time of complete application submittal. If a new permit is sought to recommence work on an expired permit, the new permit shall be vested under the codes in effect when an application for a new permit is submitted which fully complies with ECDC 19.00.015. When additional plan review is required, plan review fees shall be charged. 8. Section 106.3.3 Phased approval for multi - family and commercial development. a. The building official may issue partial permits for phased construction as part of a development before the entire plans and specifications for the whole building or structure have been approved provided architectural design board approval has been granted. Phased approval means permits for grading, shoring, and foundation may be issued separately, provided concurrent approval is granted by the planning manager, city engineer and fire marshal, when applicable. No phased approval permit shall be issued unless approved civil plans detailing the construction of all site improvements including, but not limited to; curbs, gutters, sidewalks, paved streets, water lines, sewer lines, and storm drainage have been signed as approved by the city engineer. With such phased approval, a performance bond shall be posted with the city pursuant to Chapter 17.10 ECDC, to cover the estimated cost of construction to city standards for the improvements. 9. Section 107 Temporary structures and uses. Deleted. 10. Section 108 Fees. Replaced by Chapter 19.70 ECDC. 11. Section 112 Appeals. Replaced by Chapter 19.80 ECDC. B. Chapter 5 General Building Heights and Areas. {WSS570922.DOC;1/00006.900000/1 - 7 - 1. Section 501.2 Premises identification. Approved numbers or addresses shall be installed by the property owner for new buildings in such a position as to be clearly visible and legible from the street or roadway fronting the property. Letters or numbers shall be a minimum six (6) inches in height and stroke a minimum of .75 inch of a contrasting color to the building base color. C. Chapter 31 Special Construction. 1. Section 3103 Temporary structures. Deleted: 2. Section 3108.1.1 Radio, television and cellular communication related equipment and devices. A permit is required for the installation or relocation of commercial radio, television or cellular tower support structures including monopoles, guyed or lattice towers, whip antennas, panel antennas, parabolic antennas and related accessory equipment, and accessory equipment shelters (regardless of size) including roof mounted equipment shelters. 3. Section 3109.1 Applicability and maintenance. Swimming pools, hot tubs and spas of all occupancies shall comply with the requirements of this section and other applicable sections of this code. It is the responsibility of the owner to maintain the swimming pool, hot tub or spa in a clean and sanitary condition and all equipment maintained in a satisfactory operating condition when the swimming pool, hot tub or spa is in use. A swimming pool, hot tub or spa that is neglected, not secured from public entry and/or not maintained shall be determined to be a hazard to health and safety and shall be properly mitigated to the satisfaction of the building official. 4. Section 3109.1.1 Permit required. It shall be unlawful for any person to install, remove, alter, fill with material other than water, repair or replace any swimming pool, hot tub or spa in a building or on premises without first obtaining a permit to do such work from the building official. Reference ECDC 19.00.010(K) for permit exemptions. 5. Section 3109.3 Public swimming pools. Deleted. 6. Section 3109.4 Residential swimming pools. Deleted. 7. Section 3109.6 Fences and gates. The swimming pool area shall be completely surrounded by a substantial fence at least six (6) feet in height. No openings shall be greater than two (2) inches, {WSS570922.DOC;1/00006.900000/} - 8 - and a self - closing, self - latching gate shall be provided, with an inside lock inaccessible to children aged five (5) years or younger. The gate shall be securely locked when the swimming pool is unattended. Any swimming pool not presently fenced as required by this section shall be fenced within sixty (60) days of this code adoption. 8. Section 3109.7 Location and setbacks. Swimming pools, hot tubs and spas shall meet requirements of the zoning code of the city of Edmonds. Minimum setbacks are measured from property lines to the inside face of the pool, hot tub or spa as required by the zoning code for accessory structures. All other accessory buildings and equipment shall meet the normally required setbacks for accessory structures in the zone in which they are located. 9. Section 3109.8 Equipment foundations and enclosures. All mechanical equipment supported from the ground shall rest on level concrete or other approved base extending not less than three (3) inches above the adjoining ground level. All heating and electrical equipment, unless approved for outdoor installation, shall be adequately protected against the weather or installed within a building. 10. Section 3109.9 Accessibility and clearances. Equipment shall be so installed as to provide accessibility for cleaning, operating, maintenance, and servicing. 11. Section 3109.10 Tests and cross connection devices. All swimming pool, hot tub and spa piping shall be inspected and approved before being covered or concealed. Washington State Department of Health approved cross connection devices are required to be provided when used to fill any swimming pool, hot tub or spa. 12. Section 3109.11 Wastewater disposal. A means of disposal of the total contents of the swimming pool, hot tub or spa (including partial or periodic emptying) shall be reviewed and approved by the public works director. a. No direct connection shall be made between any swimming pool, hot tub or spa to any storm drain, city sewer main, drainage system, seepage pit, underground leaching pit, or sub -soil drain. b. A sanitary tee (outside cleanout installed on the main building side sewer line) shall be provided for draining of treated water into the city sanitary sewer system. {WSS570922.DOC;1/00006.900000/1 - 9 - 13. Section 3109.12 Inspection requirements. The appropriate city inspector shall be notified for the following applicable inspections: a. Footing, wall, pre -form, pre - gunite, erosion control, underground plumbing, sanitary extension and cleanout, mechanical pool equipment, gas piping, mechanical enclosure location, cross connection and final inspection. b. An initial cross connection control installation inspection is required by the city cross connection control specialist prior to final installation approval. c. All backflow assemblies shall be tested by state certified backflow assembly testers upon initial installation and then annually thereafter. Copies of all test reports shall be submitted to the city water division for review and approval. D. Appendix E Accessibility Requirements. 1. Section E107 Signage. Deleted. 2. Section E108 Bus stops. Deleted. 3. Section E110 Airports. Deleted. 4. Section E111 Qualified historic buildings and facilities. Deleted. 5. Section E112 Referenced standards. Deleted. E. Appendix H Signs. 1. Section H101.2 Signs exempt from permits replaced by ECDC 19.00.010(Q). 2. Section H101.2.1 Prohibited signs. a. It is unlawful for any person to advertise or display any visually communicated message, by letter or pictorially, of any kind on any seating bench, or in direct connection with any bench. b. All signs not expressly permitted by Chapter 20.60 ECDC. c. Signs which the city engineer determines to be a hazard to vehicle or pedestrian traffic because they resemble or {WSS570922.DOC;1 /00006.900000/1 _10- obscure a traffic control device, or pose a hazard to a pedestrian walkway or because they obscure visibility needed for safe traffic passage. Such signs shall be immediately removed at the request of the city engineer. d. All signs which are located within a public right -of -way and that have been improperly posted or displayed are hereby declared to be a public nuisance and shall be subject to immediate removal and confiscation per ECDC 20.60.090. 3. Section H104 Identification. Deleted. 4. Section H106.1.1 Internally illuminated signs. Deleted. 5. Section H107 Combustible materials. Deleted. 6. Section H108 Animated devices. Deleted. 7. Section H109.1 Height restrictions. Deleted. 8. Section 1-1110 Roof signs. Deleted. F. Appendix J Grading. 1. Section J103.2 Grading permit exemptions replaced by 19.00.010(M). 19.00.010 Work exempt from permit. IBC section 105.2 is replaced with the following: Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. It is the applicant's responsibility to comply with bulk zoning code standards per ECDC Title 16 and storm water management provisions per Chapter 18.30 ECDC. Permits shall not be required for the following unless limited or prohibited by the provisions of Chapter 19.10 ECDC or Chapter 20.15(B) ECDC: A. One (1) story detached accessory structures used as tool and storage sheds, playhouses and similar uses; provided the floor area (measured to the exterior wall or post) does not exceed 120 square feet, with a maximum eave of thirty (30) inches. {WSS570922.DOC;1/00006.900000/} - 11 - B. Fences not over six (6) feet high; provided a permit is not required by Chapter 17.30 ECDC. C. Movable cases, counters and partitions not over five (5) feet nine (9) inches high. D. Retaining walls four feet (4) in height or less measured vertically from the finished grade at the exposed toe of the retaining wall to the highest point in the wall, unless: (1) supporting a surcharge; (2) impounding Class I, II, III -A liquids; (3) located in a critical area, in which case a permit shall be required. E. Rockeries less than eight (8) feet in height measured vertically from the finished grade at the toe of the rockery to the highest point of the uppermost rock, provided the rockery is designed for erosion protection purposes only and is placed against an existing cut slope, unless located in a critical area. F. Water tanks supported directly upon grade if the capacity does not exceed 500 gallons and the ratio of height to diameter or width does not exceed two (2) to one (1). G. Uncovered platforms, decks, patios, walks, ramps and driveways not more than thirty (30) inches above grade and not over any basement or story below, and which are not part of an accessible route. H. Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work. I. Temporary motion picture, television and theater stage sets and scenery. J. Shade cloth structures constructed for nursery or agricultural purposes and not including service systems. K. Prefabricated swimming pools accessory to an occupancy in which the pool walls are entirely above the adjacent grade and the capacity does not exceed 5,000 gallons. Hot tubs and spas less than 5,000 gallons, completely supported by the ground. {wss570922.DOC;1/00006.900000/} -12- L. Swings and other playground equipment accessory to an occupancy. A Grading in an isolated, self contained, non - critical area, provided; there is no danger to the public, and such grading will not adversely affect adjoining properties, and less than fifty (50) cubic yards are placed, removed or moved within any 365 day period. N. Repair of appliances which do not alter original approval, certification, listing or code. O. Replacement or adding new insulation with no drywall removal or placement. P. Replacement or repair of existing gutters or downspouts. Q. The following types of signs are exempt from permit requirements except that dimensional size and placement standards shall comply with Chapter 20.60 ECDC; replacing the panel on a previously permitted existing wall cabinet or pole sign, repainting an existing previously permitted wood sign, painted or vinyl lettering on storefront windows, governmental signs, campaign signs, official public notices, and signs required by provision of local, state, or federal law, temporary signs announcing the sale or rent of property and other temporary signs as described in ECDC 20.60.080, signs erected by the transportation authorities, and temporary seasonal and holiday displays. R. Television antennas less than thirty -nine (39) inches in diameter. 19.00.015 Fully complete application. In accordance with the provisions of RCW 19.27.031 and RCW 19.27.074, an applicant's rights shall vest when a fully complete building permit application is filed. A fully complete building permit application is an application executed by the owners of the property for which the application is submitted or the duly authorized agent(s) for such owners, containing each and every document required under the terms of these ordinances and the IBC and is substantially complete in all respects. It is anticipated that minor changes or revisions may be required and are frequently made in the course of any building application review process, and such minor revisions or changes shall not keep an application from being deemed complete if a good faith attempt has been made to submit a substantially complete application containing all required {wss570922.DOC;1/00006.900000/) -13- components. Where required, the application and supporting documents shall be stamped and/or certified by the appropriate engineering, surveying or other professional consultants. A fully complete building permit application shall be accompanied by all fees, including but not limited to; building permit fees and plan review fees required under the provisions of this chapter and code. 19.00.020 Concurrent review. An applicant may submit an application for building permit approval and request plan review services concurrently with, or at any time following, the submittal of a complete application for any necessary or required discretionary permit approval or discretionary hearing; provided, that any building permit application submitted concurrently with an application for discretionary permit or approvals shall not be considered complete unless the applicant submits a signed statement, on a form approved by the director, which acknowledges that the building permit application is subject to any conditions or requirements imposed pursuant to the review and approval of any necessary or required discretionary permit or approvals. The applicant shall solely bear the risk of building permit submittal with discretionary permit approval. If after discretionary approval, the building permit plans are modified or amended to comply with conditions or restrictions required by any discretionary permit or approval, the applicant shall be solely responsible for any and all costs which result therefrom, including but not limited to; additional full plan review fees; provided further, that any applicant- initiated changes made after the original plan review is complete shall also require payment of full plan review fees. 19.00.025 Architectural design review — optional vesting. In addition to the vesting rights created by RCW 19.27.095 and ECDC 19.00.015, an applicant for development as defined in ECDC 20.10.010, and subject to architectural design board (ADB) review may, at the applicant's option, file a fully complete augmented architectural design review application (hereinafter "augmented ADB application ") and vest rights including applicable permit, development and impact fees under the provisions of the ECDC and the state building code as adopted and amended by the city of Edmonds, ECDC Title 19 as then in effect, to, but only to, the extent that the application provides full and detailed information necessary to confirm the particular regulation to be vested. The burden is on the applicant to provide such detail. A. A fully complete, augmented application for architectural design review shall consist of a complete application for {WSS570922.DOC;1/00006.900000/) -14- architectural design review, executed by each and every property owner of record of the development site or their duly authorized agent(s), accompanied by the following: 1. All fees required by ordinance, including impact mitigation fees, to be deposited at the time such State Environmental Policy Act (SEPA) requirements become final. 2. A site plan showing the current zoning of the development site, the footprint of all proposed structures, the total square footage and use of each floor, all setbacks required by either the zoning code or state building codes, proposed parking configurations, and exits. 3. Elevation drawings showing the original grade of the site, any proposed alterations to grade, the proposed height of the structure and the number of stories. 4. A letter executed by all owners of record or their duly authorized agent(s) detailing the proposed use in sufficient detail to determine whether the proposed use complies with the zoning code then in effect and with the building code then in effect to determine type of construction and occupancy classifications of the IBC and IFC as those codes then in effect. 5. A building permit application, as described in IBC 105.3 as the same exists or is hereafter amended, and all building permit and plan review fees as established and set forth in Chapter 19.70 ECDC; provided, that the plans required by IBC 106, as the same exists or is hereafter amended, and other engineering documents, plans or drawings required by ECDC Title 18 may be submitted within ninety (90) days of final ADB approval, or final approval on appeal. B. Upon filing of the augmented ADB application, the applicant shall be deemed fully vested as if a fully complete building permit application had been filed; provided: 1. The burden shall be upon the applicant to supply all material required by the provisions of this section and as necessary to meet the requirements of Chapter 20.10 ECDC. The applicant may supplement the original application in the event an application is deemed incomplete by the development services director or designee. Vesting shall occur only when the application is deemed complete by the development services director. Failure to supplement an incomplete application within ninety (90) days of {WSS570922.DOC;1/00006.900000/} - 15 - final ADB approval shall result in forfeiture of all fees paid and no vesting right shall attach. 2. The application shall expire along with all rights vested 180 days following the date of application if final architectural design approval is not received. a. The development services director or designee may issue an extension for an additional period, not exceeding 180 days, upon written request by the applicant(s) or their agent(s). Such request for extension shall be filed prior to the expiration of the original application time period. An extension shall be granted if the architectural design board has not yet considered the application or an appeal thereof is pending. b. The time period shall run concurrently with the periods established by ECDC 19.00.005 as the same exists or is hereafter amended. No application shall be extended more than once. In order to renew an application after expiration, the applicant shall resubmit all required information and pay a new plan review fee. 3. The applicant shall, comply with all provisions of state law and regulation and this code regarding SEPA review. Review periods or delays occasioned by SEPA shall stay the time periods set by this chapter. 4. Following final ADB approval, the applicant shall file the plans and information required by IBC 106. It is anticipated that minor adjustments and changes may and are, usually required to the plans submitted as a result of the plan review and administrative process; provided, that the following changes shall not be considered "minor" and shall forfeit vesting rights, and shall require the filing of a new application: a. Any substantial change not required by the terms of ADB approval. b. Any increase in height or total square footage or any change which would change the occupancy classification for the purposes of the state building code. 5. Any decision of the city staff regarding the application stated in this section and its interpretation shall be appealable only to the Superior Court of Snohomish County by Land Use Petition Act and is not subject to the provisions of Chapter 20.105 ECDC. {WSS570922.DOC;1/00006.900000/} -16- C. The rights vested by ECDC 19.00.015 and this section refer only to zoning and building code rights protected by RCW 19.27.095. D. 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. 3. Environmental and shorelines review and mitigation procedures. 19.00.030 Demolition permits. Before the partial or complete demolition of any building or structure (interior or exterior), a demolition permit shall be obtained from the building official. The permit fee is hereby established as set forth in Chapter 19.70 ECDC. The applicant shall also post with the city, prior to permit issuance, a performance bond, or frozen fund, conforming to Chapter 17.10 ECDC herein, in an amount to be determined by the building official to satisfy all city requirements no later than 180 days after the issuance of the permit. The demolition performance bond or frozen fund shall not be released until the building official determines the following requirements have been completed: 1. Plug or cap abandoned sanitary sewers. Septic tanks are to be pumped, collapsed and removed and/or filled with earth, sand, concrete, CDF or hard slurry. 2. Knock down of concrete foundation walls, porches, chimneys and similar structures. Concrete, bricks, cobbles and boulders shall be broken to less than twelve (12) inch diameter. Debris left on site shall conform to IBC 1803.2 for clean fill. 3. Construction debris, vegetation, and garbage from adjacent streets, alleys and on -site shall be removed within thirty (30) days. {WSS570922.DOC;1/00006.900000/} -17- 4. Repair of any damage to, and restoration of, any public property to substantially original conditions, i.e. alley, street, sidewalk, water meter, utilities, rockeries, retaining walls, etc. . 5. Grading of site back to original topography grades. Basements shall be filled and compacted to 90 percent to be verified by special inspector. Structural fill is defined as any fill placed below structures, including slabs, where the fill soils need to support loads without unacceptable deflections or shearing. Structural fill should be clean and free draining and should be placed above unyielding native site soils and compacted to a minimum of 90 percent modified proctor, per ASTM D1557. 6. Temporary erosion control is installed and maintained per Chapter 18.30 ECDC. Chapter 19.05 RESIDENTIAL BUILDING CODE Sections: 19.05.000 International residential code adopted. 19.05.005 Section amendments. 19.05.010 Work exempt from permit. 19.05.015 Fully complete application. 19.05.020 Concurrent review. 19.05.025 Manufactured home installation standards. 19.05.000 International residential code adopted. Under the statutory authority of RCW 19.27.031 and RCW 19.27.074, the 2003 edition of the International Residential Code (IRC) as published by the International Code Council (ICC), including the state amendments set forth in RCW 34.05.360 and WAC Chapter 51 -51, including the following Appendices; A (Sizing and Capacities of Gas Piping), B (Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category 1 Appliances, and Appliances Listed For Use and Type B Vents), C (Exit Terminals of Mechanical Draft and Direct -Vent Venting Systems), and K (Sound Transmission Control) is hereby adopted by reference as if fully set forth as the residential building code of the city of Edmonds. The provisions of this code shall regulate the erection, construction, enlargement, alteration, equipment, use, area, and maintenance of residential buildings and structures in the city; and provide for the issuance of permits and the collection of permit fees. {WSS570922.D0Q1/00006.900000/} - 18 - 19.05.005 Section amendments. The following sections of the IRC have been added, amended, deleted or replaced as follows: A. Chapter 1 Administration. 1. Section R104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. The building official is also authorized to use Chapter 20.110 ECDC for code compliance in addition to the remedies provided for in this code. 2. Section R105.2 Work exempt from permit. Replaced by ECDC 19.05.010. 3. Section R105.3.2 Time limitation of permit application. Replaced by ECDC 19.00.005(A)(5). 4. Section R105.5 Permit expiration and extension. Every permit issued shall expire by limitation 360 days after issuance except as provided in 19.00.005(A)(6)(b). 5. Section R105.5.1 Recommence work on an expired permit. Replaced by ECDC 19.00.005(A)(7). 6. Section R106.3.3 Phased approval. Replaced by ECDC 19.00.005(A)(8). 7. Section R107 Temporary structures and uses. Deleted. 8. Section R108 Fees. Replaced by Chapter 19.70 ECDC. 9. Section R109.1.5.1.2 Lath or gypsum board inspection. To be made after all lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or before gypsum board joints and fasteners are taped and finished. 10. Section R112 Appeals. Replaced by Chapter 19.80 ECDC. B. Chapter 3 Building Planning. 1. Table R301.2(1) Climatic and geographic design criteria. a. Ground Snow load =25 b. Wind Speed(e)(mph) =85 {WSS570922.DOC;1/00006.900000/} -19- c. Seismic Design Category(g) =D2 d. Weathering(a) = moderate e. Frost Line Depth(b) =18" f. Termite(c)= slight to moderate g. Decay(d) = slight to moderate h. Winter Design Temp(f)= 27degrees i. Flood Hazards (h) NFIP date of adoption 3 -26 -74 Effective FIRM Maps 11 -8 -99 j. Ice Shield Underlayment required(i) =No k. Air Freezing Indexo) =0 -1000 1. Mean Annual Temp(k) =50 degrees Refer to Table R301.2 (])for applicable footnotes. 2. Section R324 Automatic fire sprinkler system. An automatic fire sprinkler system is required for buildings containing five (5) or more attached dwelling units. Refer to ECDC 19.25.040. 19.05.010 Work exempt from permit. IRC section R105.2 is replaced with the following: Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. It is the applicant's responsibility to comply with bulk zoning code standards per ECDC Title. 16 and storm water management provisions per Chapter 18.30 ECDC. Permits shall not be required for the following unless limited or prohibited by the provisions of Chapter 19.10 ECDC or Chapter 20.15(B) ECDC. In addition to the permit exemptions of ECDC 19.00.010, the following single family dwelling exemptions shall apply: A. One (1) story detached accessory structures used as tool and storage sheds, playhouses and similar uses; provided the floor area (measured to the exterior wall or post) does not exceed 120 square {WSS570922.DOC;1/00006.900000/} -20- feet, with a maximum eave of thirty (30) inches and maximum height of fifteen (15) feet. B. Window awnings supported by an exterior wall and do not project more than fifty -four (54) inches from the exterior wall and do not require additional support. C. Sport courts less than 2,000 square feet. D. Dock repair of individual decking members. E. Replacement or repair of existing exterior siding. F. Replacement or repair of existing window or doors with no change in size or framing. G. Replacement or repair of individual decking, joists, stair treads, or intermediate rails. 19.05.015 Fully complete application. In accordance with the provisions of RCW 19.27.031 and RCW 19.27.074, an applicant's rights shall vest when a fully complete building permit application is filed pursuant to ECDC 19.00.015. 19.05.020 Concurrent review. An applicant may submit an application for building permit approval and request plan review services concurrently with, or at any time following, the submittal of a complete application for any necessary or required discretionary permit approval or discretionary hearing pursuant to ECDC 19.00.020. 19.05.025 Manufactured home installation standards. A. Existing regulations. 1. Except as hereafter amended, WAC 296 -150M as currently promulgated together with any future amendments thereof, or future additions thereto, are hereby adopted by reference and incorporated into the ECDC as if set forth herein in full. The building official is authorized to issue building permits and collect permit fees for the installation of all manufactured homes that meet the requirements of this chapter, to inspect the installation of manufactured homes, and enforce all violations of this chapter. 2. All references to "installation permits" in WAC 296 -150M, as herein adopted by reference, shall refer to building permits issued for the installation of manufactured homes. {WSS570922.DOC;1/00006.900000/} -21- 3. Fees for the installation of a manufactured home shall be set forth in Chapter 19.70 ECDC. All other applicable development fees ,shall also be imposed as with any other single family residence. 4. Manufactured homes are permitted only within designated mobile home parks. B. Effective July 1, 2005, the following provisions shall apply: 1. Pursuant to added RCW 35.21.2, RCW 35A.21.3, RCW 36.01.4, and amended RCW 35.63.160 and 1998 c 239 s 1. homes built to 42 USC Section 5401 -5403 standards (as amended in 2000) shall be regulated for the purposes of siting, in the same manner as site built homes, factory built homes, or homes built to any other approved state construction. 2. The building official is authorized to issue building permits and collect permit fees for the installation of all manufactured homes that meet the requirements of this chapter, inspect the installation of manufactured homes, and enforce all violations of this chapter. 3. All references to "installation permits" in WAC 296 -150M, as herein adopted by reference, shall refer to building permits issued for the installation of manufactured homes. 4. Fees for the installation of a manufactured home are set forth in Chapter 19.70 ECDC All other applicable development fees shall also be imposed as with any other single family residence. 5. Manufactured homes to be placed within the city shall not be older than three (3) calendar years from the date of complete permit application submittal. The applicant is required to provide the vehicle identification number (VIN) information. 6. Manufactured homes are required to be placed upon a permanent building code compliant foundation pursuant to 1RC Chapter 4 and/or IBC Chapter 18. The building official shall determine all required inspections for a manufactured home. 7. All spaces measured from the underside of the home to finished grade shall be enclosed with a decorative skirting. 8. Manufactured homes shall be thermally equivalent to the current state energy code. {WSS570922.DOC;1/00006.900000/} -22- 9. The minimum manufactured home size shall be at least two (2) fully enclosed parallel sections each not less than twelve (12) feet wide by thirty -six (36) feet long. 10. Coated metal, tin, or vinyl roofing material is not permitted. 11. Manufactured homes shall comply with all other development standards of this code. Chapter 19.10 EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREAS NOTE: Reserved for corrected 19.10. Chapter 19.15 MECHANICAL AND FUEL GAS CODE Sections: 19.15.000 International mechanical code and international fuel gas code adopted. 19.15.005 Section amendments. 19.15.010 Work exempt from permit. 19.15.000 International mechanical code and International fuel gas code adopted. ' Under the statutory authority of RCW 19.27.031 and RCW ' 19.27.074, the 2003 edition of the International Mechanical Code (IMC) as well as the 2003 edition of the International Fuel and Gas Code (IFGC) including the following Appendices; A (Sizing and Capacities of Gas Piping), B (Sizing of Venting Systems Serving Appliances Equipped with Draft Hoods, Category 1 Appliances, and Appliances Listed For Use and Type B Vents), C (Exit Terminals of Mechanical Draft and Direct -Vent Venting Systems) (except for Section 109 Appeals, which is replaced by Chapter 19.80 ECDC), published by the International Code Council together with the state amendments set forth in WAC 51 -52, are adopted by reference as if fully set forth as the mechanical and fuel gas code of the city of Edmonds. {WSS570922.DOC;1/00006.900000/} -23- 19.15.005 Section amendments. A. Chapter 1 Administration. 1. Section 106.2 Work exempt from permit. Replaced by ECDC 19.15.010. 2. Section 106.4.3 Expiration. a. 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 and granted final approval within 180 days from the date of such permit. Once expired, a new permit with full fees shall be obtained before work is recommenced. b. Mechanical permits issued in conjunction with a main building permit may be extended to expire with the main building permit and may be extended with provisions afforded to the main building permit. 3. Section 106.4.4 Extensions. Deleted. 4. Section 106.5 Fees. Replaced by Chapter 19.70 ECDC. 5. Section 109 Appeals. Replaced by Chapter 19.80 ECDC. 19.15.010 Work exempt from permit. IMC Section 106.2 is amended as follows: Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. 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 19.10 ECDC: A. Gas: 1. Portable heating, cooking or clothes drying appliances. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 3. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. {WSS570922.DOC;1/00006.900000/1 -24- B. Mechanical: 1. Portable heating appliances. 2. Portable ventilation appliances. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code. 5. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 6. Portable evaporative cooler. 7. Self- contained refrigeration systems containing ten (10) pounds or less of refrigerant or that are actuated by motors of one. (1) horsepower or less. 8. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. Chapter 19.20 PLUMBING CODE Sections: 19.20.000 Uniform plumbing code adopted. 19.20.005 Section amendments. 19.20.010 Evidence of potable water. 19.20.000 Uniform plumbing code adopted. Under the statutory authority of RCW 19.27.031 and RCW 19.27.074, the Uniform Plumbing Code (UPC), 2003 edition including Appendix G (Graywater Systems for Single Family Dwellings), published by the International Association of Plumbing and Mechanical Officials, together with the state amendments set forth in WAC 51 -56 and RCW 19.27.031 and RCW 19.27.074, are adopted by reference as if fully set forth as the plumbing code for the city of Edmonds, with the exception of fuel -gas piping being superseded by the International Fuel and Gas Code as described in Chapter 19.15 ECDC, and the amendments contained herein. The 2003 edition of the Uniform Plumbing Code {WSS570922.DOC;1/00006.900000/1 -25- Standards is also adopted by reference as if fully set forth, pursuant to WAC 51 -57. 19.20.005 Section amendments. A. Chapter 1 Administration. 1. WAC 102.4 Appeals. Replaced by Chapter 19.80 ECDC. 2. Section 103.3.4 Expiration. a. 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 and granted final approval within 180 days from the date of such permit. Once expired, a new permit with full fees shall be obtained before work is recommenced. b. Plumbing permits issued in conjunction with a main building permit may be extended to expire with the main building permit and may be extended with provisions afforded to the main building permit. 3. Section 103.4 Fees. Replaced by Chapter 19.70 ECDC. 4. Section 103.6.4 Septic or sewer system connection. No occupancy permit shall be issued for the occupancy of any building or structure until connection to the city public sewer system has been verified or an approved sewage septic system has been installed and approved. B. Chapter 7 Sanitary Drainage. 1. Part II - Building sewers. Deleted. a. Section 713.0 Sewer required. Deleted. Building sewers located more than two (2) feet from the exterior wall of the building to the property line are regulated by the city public works director. b. Section 714.0 Damage to public sewer or private sewage disposal system. Deleted. c. Section 715.0 Building sewer materials. Deleted. d. Section 716.0 Markings. Deleted. e. Section 717.0 Size of building sewers. Deleted. {WSS570922.DOC;1/00006.900000/1 1 26- f. Section 718.0 Grade, support and protection of building sewers. Deleted. g. Section 719.0 Cleanouts. Deleted. h. Section 720.0 Sewer and water pipes. Deleted. i. Section 721.0 Location. Deleted. J. Section 722.0 Abandoned sewers and sewage disposal facilities. Deleted. k. Section 723.0 Building sewer test. Deleted. 1. Table 7 -7 Minimum horizontal distance required from building sewer. Deleted. m. Table 7 -8 Maximum /minimum fixture unit loading on building sewer piping. Deleted. C. Chapter 10 Traps and Interceptors. 1. UPC 1014.0 Grease traps and interceptors. Deleted. Grease traps and all interceptors are regulated by city Ordinance 3401 and 3487. 2. UPC 1015.0 Food waste disposal and dishwasher prohibited. Deleted. 3. UPC 1016.0 Sand interceptors. Deleted. 4. UPC 1017.0 Oil and flammable liquids interceptors. Deleted. D. Chapter 11 Storm drainage. Replaced by Chapter 18.30 ECDC. E. Chapter 12 Fuel piping. Replaced by ECDC 19.15. F. Chapter 15 Firestop protection. Deleted. 19.20.010 Evidence of potable water. Prior to the issuance of any building permit for new development, the building official shall require substantive 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 notification from a duly authorized representative of the city's water utility shall be sufficient; provided, nothing herein shall be {WSS570922.DOC;1/00006.900000/} -27- 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 19.25 FIRE CODE Sections: 19.25.000 Adoption of life safety and maintenance codes. 19.25.005 Section amendments. 19.25.010 Department of fire prevention. 19.25.015 Definitions. 19.25.020 Permits. 19.25.025 Charges for water main's and hydrants. 19.25.030 Charges for fire review and inspection. 19.25.035 Fire extinguishers and systems. 19.25.040 Automatic sprinkler systems. 19.25.045 Modifications. 19.25.050 Water mains and fire hydrants. 19.25.055 Location of public hydrants. 19.25.060 Location of private hydrants. 19.25.065 Mains and service lines. 19.25.070 Hydrant specification. 19.25.075 Penalties. 19.25.000 Adoption of life safety and maintenance codes. Under the statutory authority of RCW 19.27.031 and RCW 19.27.074, the 2003 edition of the International Fire Code (IFC) as published by the International Code Council including the state amendments set forth in Chapter 51 -54 WAC, including reference standards of the National Fire Protection Association and the following Appendices; B (Fire -Flow Requirements for Buildings), C (Fire Hydrant Locations and Distribution), E (Hazard Categories) and F (Hazard Ranking) are adopted by reference as if fully set forth as the fire code of the city of Edmonds. The International Existing Building Code is not adopted and all references to that code shall be disregarded. 19.25.005 Section amendments. The following sections of the IFC have been added, amended, deleted or replaced as follows: , {WSS570922.DOC;1/00006.900000/} -28- A. Chapter 1 Administration. 1. Section 104.10.1 Assistance from other agencies. Police and other enforcement agencies shall have authority to render necessary assistance in the investigation of fires and enforcement of the life safety provisions of this code when requested to do so by the fire code official. 2. Section 104.11.2 Obstructing operations. No person shall obstruct the operations of the fire department in connection with extinguishment control or investigation of any fire, or actions relative to other emergencies, or disobey any lawful command of the fire chief or officer of the fire department in charge of the emergency, or any part thereof, or any lawful order of a police officer assisting the fire department. 3. Section 108 Board of appeals. Replaced by Chapter 19.80 ECDC. B. Chapter 5 Fire Service Features (fire apparatus access roads). The following sections are adopted as originally set forth in the IFC. 1. Section 503.1 Where required. 2. Section 503.1.1 Buildings and facilities. 3. Section 503.1.2 Additional access. 4. Section 503.1.3 High -piled storage. 5. Section 503.2 Specifications. 6. Section 503.3 Marking. 7. Section 503.4 Obstruction of fire apparatus access roads. C. Chapter 9 Fire Protection Systems. 1. Section 901.6.1 Standards. Fire protection systems shall be inspected, tested and. maintained in accordance with the referenced standards listed in Table 901.6.1. For the sole purpose of inspecting, testing and maintenance of water -based fire protection systems in accordance with NFPA 25, all existing water -based fire protection systems shall be considered new as of July 1, 2004. {WSS570922.DOC;1/00006.900000/1 -29- 2. Section 904.11.7 Existing commercial cooking systems. Existing fire suppression systems not in compliance with Underwriters Laboratory Standard 300 shall be replaced with a conforming system by July 1, 2005. D. Chapter 33 Explosives and Fireworks. 1. Section 3301.1.3 Fireworks. Exceptions #3 and #4 replaced by ECC 5.27. 19.25.010 Department of fire prevention. A. There is established in the city fire department a department of fire prevention, to be supervised by the fire code official. B. The IFC shall be enforced by the department of fire prevention. C. The fire code official shall be the fire marshal who shall be in charge of the department of fire prevention, shall be appointed by the mayor on the basis of applicable civil service rules and regulations for the city. D. The fire marshal may recommend to the fire chief the employment of technical officers, inspectors and other employees. If approved, technical officers and inspectors shall be hired or assigned for that purpose. E. An annual report shall be provided to the mayor. It shall contain all proceedings under this code, with other statistics as the fire marshal of the city fire department may wish to include. The fire marshal may also recommend any changes to the code. 19.25.015 Definitions. A. Whenever the term "fire code official" is used in the IFC, it shall mean the fire marshal. B. Whenever the term "chief administrative officer" or "fire chief," is used in the IFC, it shall mean the fire chief. C. Whenever the term "legal representative of the jurisdiction" is used in the IFC, it shall mean the city attorney. D. Whenever the word "jurisdiction" is used in the IFC, it shall mean the city of Edmonds. 19.25.020 Permits. {WSS570922.DOC;1/00006.900000/1 -30- A. Whenever the IFC requires an operational permit, the application for the permit shall be accompanied by an application fee of $30.00. All permits shall 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, except that the fire marshal is authorized to consolidate permits for a single location, building, or unit. B. In the event that the activity, location or risk associated with the activity requires a fire safety inspection in excess of the time estimated within the permit fee (one hour) an inspection fee equal to the actual cost to the city of providing the inspection shall be charged pursuant to ECDC 19.25.030. C. The following activities regulated pursuant to the IFC shall not require a permit to be issued under this section. Nothing herein shall be interpreted, however, to exempt these activities from other permits or licenses required by law or ordinance. The accepted activities are: 1. Carnivals and fairs; 2. Open flames and candles; 3. Open burning (see ECC 5.22.030); 4. Fire hydrants and water control valves; 5. Private fire hydrants; 6. Rooftop heliports; 7. Waste handling. 19.25.025 Charges for water mains and hydrants. A. Water main replacement to city standards, plans and specifications will be accomplished by the city in accordance with the city's water comprehensive plan and adopted capital improvement program. For private development, owners shall be responsible for the replacement (upgrade) of the existing public main (including fire hydrants and appurtenances) to city standard when identified by the city engineer as a condition of development approval. The city will pay the difference in material costs only between six (6) inches and the size that is required to be installed only when the existing system is a looped system. {WSS570922.DOC;1/00006.900000/} -31- i B. A hydrant use permit issued by the public works director is required in order for any person or entity other than fire department personnel to draw water from any fire hydrant. C. The installation of water mains, fire hydrants and appurtenances to properties not previously served shall be sized in accordance with the city's water comprehensive plan, built to city standard and shall be at the benefited property owner's or developer's expense. D. Oversized water mains required for special use demands relating to a particular property or development shall be installed at the developer's or property owner's expense. E. If the water mains installed pursuant to subsections C and D 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 RCW 35.91. 19.25.030 Charges for fire review and inspection. A. Certain licenses and permits issued by the city include a fire safety inspection. The cost of the permit may include an estimate of the normal time associated with the fire inspection. Where the permit does not include such an estimate, or when the estimate of time established within the ordinance is exceeded by the actual time spent inspecting a premises, location or activity, the actual cost of conducting the inspection shall be charged. The administrative services director is authorized to establish on an annual basis, in conjunction with or immediately following the budget process, a fee for the hourly charge associated with the provision of services by reasonable classifications of city employees. B. The permittee shall pay the actual charges of inspection, in addition to the permit fee associated with such activity. Licenses and permits requiring the actual payment of inspection charges includes, but is not limited to; public amusements licenses issued pursuant to ECC 4.32, cabaret dances licenses issued pursuant to ECC 4.48, adult entertainment facilities licenses issued pursuant to ECC 4.52, and aircraft landing licenses issued pursuant to ECC 4.80. {WSS570922.DOC;1/00006.900000/} -32- C. No charge shall be levied against any department or agency of the city of Edmonds operating within the city's General Fund. 19.25.035 Fire extinguishers and systems. A. 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. 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. Permit fees are set forth in Chapter 19.70 ECDC. 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. 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. D. The permit shall expire after five (5) years. The permittee shall then obtain a new permit if he wishes to continue servicing fire extinguishers or fire extinguishing systems. E. 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. A \certificate of inspection for every system test, maintenance, activation and repair shall be forwarded to the fire marshal upon completion of service. One copy of that record shall be maintained on the premises. G. Appeals regarding the administration of the fire extinguisher. and fire - extinguishing system permit and license approval process shall file their appeal with the fire chief and be heard before the Board of appeals pursuant to Chapter 19.80 ECDC. 19.25.040 Automatic sprinkler systems. An automatic sprinkler system shall be installed and maintained throughout every building constructed under the International Residential Code containing five (5) or more attached dwelling {WSS570922.DOC;1i00006.900000i} -33- units. Residential or quick response standard sprinkler heads shall be used in accordance with their approved listing in the dwelling. 19.25.045 Modifications. A. The fire marshal may modify any of the provisions of the IFC 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, including alternative materials and methods, 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. Whenever the fire marshal disapproves an application or refuses to grant a permit applied for, or when it is 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 fire chief. Such appeals shall be governed by the procedures set forth in Chapter 19.80 ECDC. 19.25.050 Water mains and fire hydrants. All fire hydrants, water main and appurtenance installation shall meet the provisions of this chapter as well as other applicable plans, standards and codes adopted by the city of Edmonds, as a condition of approval of subdivisions and building permits. 19.25.055 Location of public hydrants. A. Public hydrants are those owned by the city. B. All public fire hydrants shall be installed at street intersections where possible. Public hydrants spacing shall be measured along vehicle access routes. C. 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. 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. {WSS570922.DOC;1/00006.900000i} -34- 19.25.060 Location of private hydrants. A. 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. All private hydrants shall be connected to the city water main through a privately owned and maintained double detector check valve assembly. B. 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. Single family dwellings with a fire area greater than 4,800 square feet within the exterior walls may require a private hydrant. C. Buildings having required fire flows of 3,000 gallons per minute may have fire hydrants on one side of the building only. There shall never be fewer than two (2) 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 3,000 gallons per minute or greater, the fire hydrants shall be served by a looped main around the building or complex of buildings. D. Fire hydrants shall be spaced on an average 300 feet around the perimeter line, fifty (50) feet out of the buildings. All hydrants shall be placed in locations accessible to fire department vehicles adjacent to fire apparatus access roads. The fire marshal shall determine the location of fire hydrants depending on utility, topography and building location for maximum fire protection. 19.25.065 Mains and service lines. A. All public hydrants in single - family areas shall be supplied by not less than six (6) inch looped water mains. All hydrants in areas other than single - family residential shall be supplied by not less than eight (8) inch looped water mains. Dead -end water mains to hydrants shall be at least eight (8) inches in diameter, with the exception of mains up to fifty (50) feet long which may be no less than six (6) inches in diameter. B. The service line from the water main to the hydrant shall be no less than six (6) inches in diameter. Any service lines over fifty (50) feet in length from water main to hydrant shall be no less than eight (8) inches in diameter. {WSS570922.DOC;1/00006.900000/} -35- C. 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. 19.25.070 Hydrant specifications. A. The installation of flush type hydrants (hydrants entirely below grade) is prohibited. B. Fire hydrants shall have two (2 - %2) inch hose outlets and one (4 - %2) inch pumper outlet. All outlets ports shall have national standard thread. Additionally, the pumper outlet shall be provided with a four (4) inch Storz adapter. Fire hydrants shall meet the American Water Works Association, Standard No. C -502 and current city standards. C. Fire hydrants and- appurtenances shall be installed in accordance with generally accepted engineering practices and city standards, and to the approval of the city engineer, 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 city standards. The location of all such valves installed shall be properly and accurately marked on as -built plans or drawings with generally acceptable engineering detail, two copies of which shall be furnished to the public works department. Valves shall be furnished with a standard valve box. D. Hydrants shall stand plumb, be set to established street grade with the lowest outlet of the hydrant at least eighteen (18) inches above the adjacent finished grade and at least thirty -six (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 marshal. E. Where reasonably necessary to protect a hydrant from damage, the fire marshal may require hydrants to be protected by two (2) or more posts, eight (8) inches in diameter by five (5) feet long, made either of reinforced concrete or steel. F. If there presently exist fire hydrants which do not conform to these requirements, they shall be replaced with conforming {wss570922.DOC;1/00006.900000/) -36- hydrants upon redevelopment or the timetable established by the city's comprehensive plan. G. 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 fifty (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 (5) feet. The purpose of this section is to maintain clear approach and visual area around the hydrant. H. The installation of the fire hydrants and mains may be accomplished by city capital contract, developers (as a condition of development) or public works department employees. All installations are to be approved by the city engineer. I. 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. 19.25.075 Penalties. A. Any person who violates any of the provisions of the IFC including those standards of the National Fire Protection Association specifically referenced in the IFC 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, and from which no appeal has been taken, or who fails to comply with such an order as affirmed or modified by decision of the city's Board of appeals or by a court of competent jurisdiction, within 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. B. 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 exist or 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. {WSS570922.DOC;1/00006.900000/} -37- Chapter 19.30 ENERGY CODE Sections: 19.30.000 State energy code adopted. 19.30.000 State energy code adopted. Under the statutory authority of RCW 19.27.031 and RCW 19.27.074, the Washington State Energy Code, 2003 edition is hereby adopted by reference as if fully set forth as the energy code of the city of Edmonds, pursuant to RCW 19.27A.020 and RCW 19.27A.045, together with state amendments set forth in WAC 51- 11. Chapters 1 -10 shall be considered the residential energy code and chapters 11 -15 shall be considered the commercial and multifamily energy code for the city. Chapter 19.35 VENTILATION CODE Sections: 19.35.000 State ventilation and indoor air quality code adopted. 19.35.005 Conflicts with other codes. 19.35.000 State ventilation and indoor air quality code adopted. Under the statutory authority of RCW 19.27.190 and RCW 19.27.020, the 2003 edition of the Washington State Ventilation and Indoor Air Quality Code, is hereby adopted by reference as if fully set forth as the ventilation code of the city of Edmonds, pursuant to RCW 19.27.190 and together with the state amendments set forth in WAC 51 -13. 19.35.005 Conflicts with other codes. A. In addition to the requirements of this code, buildings shall conform to the provisions of the state building code RCW 19.27 and WAC 51 -50, WAC 51 -52, WAC 51 -54 and WAC 51 -56. In case of conflicts between the IBC, UPC, IMC and IFC as adopted and amended in WAC 51 -50, WAC 51 -52, WAC 51 -54 and WAC 51 -56, the provisions of WAC 51 -13 shall govern. This code is not intended to abridge any safety or health requirements under any other applicable codes or ordinances. {WSS570922.DOC;1/00006.900000/} -38- B. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and. a specific requirement, the specific requirement shall be applicable. Chapter 19.40 DANGEROUS BUILDING CODE Sections: 19.40.000 Dangerous building code adopted. 19.40.005 Purpose and code conflicts. 19.40.010 Section amendments. 19.40.000 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 dangerous building code for the city of Edmonds, and the amendments contained herein. 19.40.005 Purpose and code conflicts. A. It is the purpose of this code to provide a just, equitable and practicable method, to be cumulative with and in addition to, any other remedy provided by the International Building Code, International Residential Code, Uniform Housing Code or otherwise available by law, whereby buildings, or structures which from any cause endanger the life, limb, health, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished. The purpose of this code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code. B. If there is a conflict between the building code, dangerous building code, plumbing code, mechanical code or housing code then the conditions, requirements, provisions or terms which provide, in the opinion of the building official, for the greatest public safety shall be observed and shall control. In addition to the remedies adopted in such code, criminal penalties may be imposed pursuant to the provisions of Chapter 19.85 ECDC. {WSS570922.DOC;1/00006.900000/} -39- 19.40.010 Section amendments. A. Chapter 2 Enforcement. 1. Section 205 Appeals. Replaced by Chapter 19.80 ECDC. B. Chapter 3 Definitions. 1. Section 302 Dangerous Building is hereby amended by the addition of a new subsection nineteen (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. Chapter 19.45 HOUSING CODE Sections: 19.45.000 Uniform housing code adopted. 19.45.005 Purpose and code conflicts. 19.45.000 Uniform housing code adopted. The Uniform Housing Code (UHC), 1997 edition, as published by the International Conference of Building Officials is hereby adopted by reference as if fully set forth as the housing code for the city of Edmonds, subject to the following amendment; Section 203 Appeals, is replaced by Chapter 19.80 ECDC. 19.45.005 Purpose and code conflicts. A. The purpose of this code is to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the use and occupancy, location, and maintenance of all residential buildings and structures within this jurisdiction. B. In cases where the Uniform Housing Code and the current adopted International Building Code and International Residential {WSS570922.DOC;1 /00006.900000/1 -40- Code conflict or, if there is a conflict between the building code, dangerous building code, plumbing code, mechanical code or housing code, then the conditions, requirements, provisions or terms which provide, in the opinion of the building official, for the greatest public safety shall be observed and shall control. In addition to the remedies adopted in such code, criminal penalties may be imposed pursuant to the provisions of Chapter 19.85 ECDC. Chapter 19.50 HISTORIC BUILDING CODE Sections: 19.50.000 State historic building code adopted. 19.50.005 Purpose, scope and code conflicts. 19.50.010 Fully complete application. 19.50.015 Concurrent review. 19.50.020 Architectural design review - optional vesting. 19.50.000 State historic building code adopted. Under the statutory authority of RCW 19.27.120 and RCW 19.27.074, and 91 -01 -103, the 1991 edition of the State Historic Building Code (SHBC) as printed and distributed by the Washington Association of Building Officials, including state amendments set forth in WAC 51 -19 is hereby adopted by reference as if fully set forth as the historic building code of the city of Edmonds subject to the following amendment; WAC 51- 19 -280 Appeals, is replaced by Chapter 19.80 ECDC. 19.50.005 Purpose, scope and code conflicts. A. The provisions of the SHBC shall constitute the minimum standards for the preservation, restoration and related reconstruction, rehabilitation, strengthening, or relocation of buildings or structures, changes of occupancy and alteration or repair of designated historic buildings. This code applies only to designated historic buildings deemed so by the Edmonds Historic Preservation Commission. It is the purpose of the SHBC to establish regulations and code alternatives to preserve original or restored architectural elements and features so that any alterations to the historic building or structure will result in a building or structure that will be less hazardous, based on minimum life safety and fire codes, than the existing building. B. If there is a conflict between the International Building Code, Abatement of Dangerous Building Code, International Fuel Gas {WSS570922.DOC;1/00006.900000/} -41- Code, Uniform Plumbing Code, International Mechanical code or Uniform Housing Code then the conditions, requirements, provisions or terms which provide, in the opinion of the building official, for the greatest public safety shall be observed and shall control. In addition to the remedies adopted in such code, criminal penalties may be imposed pursuant to the provisions of Chapter 19.85 ECDC. 19.50.010 Fully complete application In accordance with the provisions of RCW 19.27.031 and RCW 19.27.074, an applicant's rights shall vest when a fully complete building permit application is filed pursuant to ECDC 19.00.015. 19.50.015 Concurrent review. An applicant may submit an application for building permit approval and request plan review services concurrently with, or at any time following, the submittal of a complete application for any necessary or required discretionary permit approval or discretionary hearing pursuant to ECDC 19.00.020. 19.50.020 Architectural design review - optional vesting. An applicant of a designated historic building may submit an augmented ADB application pursuant to ECDC 19.00.025. Chapter 19.55 ELECTRICAL CODE Sections: 19.55.000 National electrical code adopted. 19.55.005 When code effective. 19.55.010 Nonliability. 19.55.015 Conflicts — how resolved. 19.55.000 National electrical code adopted. Under the statutory authority of RCW 19.27.031 and RCW 19.27.074, the National Electrical Code, 2002 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. The State of Washington Department of Labor and Industries, Electrical Inspection Section, Rules and Regulations for Installing Electric Wiring and Equipment and Administrative Rules, 2002 edition, is hereby adopted as part of the electrical code of the city of Edmonds. 19.55.005 When code effective. {WSS570922.DOC;1/00006.900000/} -42- 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 as amended shall be applicable to all electrical installation in the city as if the state of Washington had not exercised jurisdiction of any kind. 19.55.010 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 the certificate of inspection issued by the building department. 19.55.015 Conflicts -how resolved. If there is any conflict between the electrical code of the city, the National Electrical Code and/or the rules and regulations as set forth by the state of Washington for electric wires and equipment, then the conditions, requirements, provisions or terms which provide, in the opinion of the building official, for the greatest public safety shall be observed and shall control. Chapter 19.60 MOVING BUILDINGS Sections: 19.60.000 Permit required. 19.60.005 Applicability. 19.60.010 Application requirements. 19.60.015 Pre -move inspection requirements and building upgrades. 19.60.020 Correction of defects. 19.60.000 Permit required. Any person who proposes to move an existing building into or through the city of Edmonds shall, before the move, apply for and obtain, a moving permit from the building official. A moving permit is separate from, and in addition to, any and all other permits required to bring the moved building into compliance with current adopted codes and city regulations. Separate permit approvals for grading, shoring, foundation, remodeling, repair or alteration may be imposed to bring the building to current adopted code standards and zoning compliance for height and setbacks. {WSS570922.DOC;1i00006.900000i} -43- 19.60.005 Applicability. Building or structures moved into or within the city shall comply with the provisions of this code including the current adopted editions of the following codes: International Building Code, International Residential Code, International Mechanical Code, International Fire Code, Uniform Plumbing Code, Washington State Energy Code, Ventilation and Indoor Air Quality Code, State Historic Building Code, Uniform Housing Code, and applicable state WAC amendments. 19.60.010 Application requirements. A. In order to obtain permits to move any building through, along, or across the streets or any public place within city limits the building official shall determine permit submittal requirements, which at a minimum, shall contain: 1. Proposed route; 2. Location of any overhead utility lines or traffic signals along with their height along the route; and 3. Dimensions of building proposed to be moved. B. The permit application shall be reviewed by the building official, public works director, police chief, traffic engineer, fire department and any other affected city department. If the proposed moving will unduly interfere with the rights of the public as determined by the city engineer or designee, the permit shall be denied. Denial of the application by one department shall constitute denial of the permit by the city. C. A performance bond or frozen fund, pursuant to Chapter 17.10 ECDC, in an amount to be determined by the building official, shall be posted prior to permit issuance guaranteeing the completion of all required site development improvements or site clean-up and/or repair of damage to public property no later than 180 days after the permit is issued. The bond or frozen fund will be exonerated upon final project approval provided all required site restoration and/or improvements are installed, inspected and approved to city standards. D. The moving contractor shall be state licensed, and carry general public liability insurance for the amount no less than one million dollars, valid during entire building moving operations, and the insurance policy 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. (wss570922.DOC;1/00006.900000/) -44- E. As a condition of obtaining a moving permit, the moving contractor shall assume all liability for any damage to public property by such moving operations. Repair of damage to any public property improvement shall be completed under a valid permit within thirty (30) days of date of notice. Emergency repair work performed by city crews to repair damage to public improvements shall be charged against the moving contractor. 19.60.015 Pre -move inspection requirements and building upgrades. A. Upon application and payment of the building moving permit fee, the building official shall notify the applicant of the date and time of his pre -move inspection. The pre -move inspection shall be made at the original location of the building before it is moved. B. 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. The building official shall determine what structural, energy, ventilation, plumbing, mechanical and life- safety upgrades shall be imposed on any building moved into or within city limits in compliance with current adopted codes. Designated historic buildings are also subject to provisions of Chapter 19.50 ECDC. 19.60.020 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 a replacement of any parts or materials used, then any defective parts or materials shall be removed from the building before it is moved. Any corrections required to comply with the ECDC, IBC and IRC shall be completed and inspected before final approval and occupancy is granted. {WSS570922.DOC;1 /00006.900000/1 -45- Chapter 19.65 MARINAS Sections: 19.65.000 Application. 19.65.005 Building code — compliance required. 19.65.010 Design live loads. 19.65.015 Materials. 19.65.020 Area and location requirements. 19.65.025 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. 19.65.005 Building code - compliance required. All construction on or in connection with a marina shall comply with all the provisions of ECDC Title 19 including permits, permit fees and penalties and all other applicable ordinances of the city and other applicable laws. 19.65.010 Design live loads. A. Decks. Float decks shall have a design live load of at least forty (40) pounds per square foot minimum. B. Roofs. The roof structures shall have a design live load of at least twenty -five (25) pounds per square foot minimum. C. Ramps. The ramps to floats shall have a design live load of at least forty (40) pounds per square foot minimum. 19.65.015 Materials. A. Roofs. Roof coverings shall be non - combustible. B. Floats. Floating structures and floats shall be material of a type approved by the building official. 19.65.020 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 {WSS570922.DOC;1/00006.900000/} -46- 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 twenty (20) feet. D. Floats, piers, and walkways shall provide an aisle not less than forty -four (44) inches in width. 19.65.025 Fire 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. B. Fuel floats. 1. Fuel floats shall be constructed of gas- resistant flotation material and shall be separated from other floats by at least eighty (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 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 {WSS570922.DOC;1/00006.900000/} -47- 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. C. Fire protection standard adopted. The "Fire Protection Standard for Marinas and Boatyards" 2000 edition of the National Fire Protection Association publication #303 is hereby adopted to provide the minimum acceptable level of safety to life and property from fire and electrical hazards at marinas and boatyards. In the even of any conflict between provisions of the fire and electrical codes of the city of Edmonds as adopted by this title, the fire and electrical codes shall prevail. Chapter 19.70 19.70.000 Scope. Fees associated with ECDC Title 19 including plan review, permit, inspection and related development or mitigation fees are established by this chapter and as set forth in ECDC 15.00.020. Fees may be altered pursuant to city resolution 997. 19.70.005 Payment of fees. A permit shall not be considered valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. Before issuance of any permit authorized by this code, the building official shall collect all applicable permit fees. Separate permits and fees shall apply as indicated elsewhere in this code and shall be collected prior to permit issuance. 19.70.010 Schedule of permit fees. For buildings, 'structures, grading, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit {WSS570922.DOC;1i00006.900000i1 -48- FEES Sections: 19.70.000 Scope. 19.70.005 Payment of fees. 19.70.010 Schedule of permit fees. 19.70.015 Establishing building construction valuation. 19.70.020 Work commencing before permit issuance. 19.70.025 Refunds. 19.70.000 Scope. Fees associated with ECDC Title 19 including plan review, permit, inspection and related development or mitigation fees are established by this chapter and as set forth in ECDC 15.00.020. Fees may be altered pursuant to city resolution 997. 19.70.005 Payment of fees. A permit shall not be considered valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. Before issuance of any permit authorized by this code, the building official shall collect all applicable permit fees. Separate permits and fees shall apply as indicated elsewhere in this code and shall be collected prior to permit issuance. 19.70.010 Schedule of permit fees. For buildings, 'structures, grading, gas, mechanical and plumbing systems or alterations requiring a permit, a fee for each permit {WSS570922.DOC;1i00006.900000i1 -48- shall be paid as required, in accordance with Chapter 19.70 ECDC attachments A, B, C, D, E, and ECDC 15.00.020. A. Plan review fee. Before accepting a set of plans and specifications for plan review, the building official shall collect the full plan review fee. Plan review fees shall be in addition to, and a percentage of, the required permit fee as calculated pursuant to ECDC 19.70.15. B. Permit fee. Before issuing a building permit and releasing approved plans, the building official shall collect the full building permit fees including supplemental required permit fees, inspection fees and any additional plan review fee or violation compliance fee, development fee or mitigation fee outstanding at the time of permit issuance. Building construction valuation shall be determined by ECDC 19.70.015. C. Inspection fee. Inspection and reinspection fees shall be paid prior to any inspection by city staff. Inspection fees are established and set forth in this chapter. D. Related development or mitigation fees. The payment of the fee for construction, alteration, removal or demolition done in connection, or concurrently with, the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. Fees for other permits or related development fees shall be as set forth in ECDC 15.00.020. 19.70.015 Establishing building construction valuation. The applicant for a permit shall provide an estimated building construction valuation at time of application. Building construction valuation for the purpose of calculating permit fees shall include total value of work including fair - market labor and materials with equipment needed to complete the work, including but not limited to; all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other permanent equipment. If, in the opinion of the building official, the building construction valuation is underestimated on the application the building official shall assign a building construction valuation. Permit valuation for new construction shall be based on square footage building construction valuation as established by the building official. {WSS570922.DOC;1 /00006.900000/} -49- 19.70.020 Work commencing before permit issuance. Any person who commences any work regulated by this Title including work on a building, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to a violation compliance fee established by the building official pursuant to the city's fee schedule adopted by resolution that shall be in addition to the required permit fees. The violation compliance fee shall be collected whether or not a permit is then or subsequently issued. The payment of such violation compliance fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. Violation compliance fees are set forth in this chapter. 19.70.025 Refunds. The building official may authorize refunding of any fee paid hereunder which was erroneously paid or collected. The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee no later than 180 days after the date of fee payment. Chapter 19.75 STREET NAMES AND ADDRESS NUMBERING Sections: 19.75.000 Adoption of street name map and criteria. 19.75.005. Adoption of property and building numbering system and criteria. 19.75.010 Other street names and premises numbers prohibited. 19.75.000 Adoption of street name map and criteria. A. There is hereby established a uniform system of designating street names /numbers, in the city of Edmonds. The street names /numbers are those depicted on that map entitled, "official street map," a copy of which has been authenticated by the mayor of the city and the attestation of the city clerk. The map and all explanatory matter on the map is re- adopted and affirmed and by this reference is incorporated herein as if set forth in full. Official {WSS570922.DOC;1/00006.900000/} -50- street name /number designations are the responsibility of the city engineer. B. Pursuant to ECDC 18.50.30 any change to the name or number of any street on the official street map shall be by action of the city council approving an ordinance changing the official street map. C. The city engineer shall maintain and update the official street map and shall designate /approve public and private street names /numbers in accordance with this chapter. All approved street names /numbers shall be forwarded to the United States Postal Service (LISPS), public and private utilities, law enforcement agencies, emergency services providers, and other persons of new or corrected street names /numbers. The city engineer shall develop policies and guidelines for street names and numbers in accordance with the following guidelines: 1. New street designations shall be in accordance with the Snohomish county grid system and the official street map. 2. When descriptive street names (as opposed to numerical street designations) are allowed, by ECDC 19.75.00(C)(1), preference shall be for descriptive names with logical relationship to locale or geographic area, and avoidance of private individual names. 3. Facilitation of map reading and indexing to assist in rapid location of streets and addresses. 4. Avoidance of multiple and/or alternative names for single street sections and requirement of selection of a primary street designation to assist in the Enhanced 9 -1 -1 grid system for emergency services dispatching. 5. Any other appropriate and applicable standards concerning street and street designations as well as current department of public works policies, guidelines, or rules for naming public street as determined by the director. 19.75.005 Adoption of property and building numbering system and criteria. A. There is hereby established a uniform system for numbering properties, buildings and primary structures in the city of Edmonds. The official building and property address map depicting all issued property address numbers is maintained by the building official or designee. The building official assigns, maintains and corrects addresses for the city of Edmonds and shall {WSS570922.DOC;1 /00006.900000/1 - 51 - notify the United States Post Service (USPS), emergency services providers and other persons of new or corrected addresses. B. Addresses shall conform to the numerical grid system established by Enhanced 9 -1 -1. The number utilized by each building or property shall be that number within the system assigned by the building official. Addresses are assigned based on the location of the driveway access, or house frontage to a street and only one address is allowed per building on any lot. Numbers assigned during any previous numbering system that fit within the grid system are hereby ratified and shall remain in full force and effect. C. The building official shall require any address not in conformance or any address that poses any problem or confusion for safety and emergency response be changed within thirty (30) days of written notification from the city of Edmonds. D. 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 pursuant to ECDC 19.00.005(B)(1). When topography or vegetation may obscure vision from the street, the numerals shall be affixed as to be as reasonably visible from the street. E. Where any commercial building, multiple - family residential structure, or other similar structure has more than one entrance serving separate occupants, a suite designation or apartment number shall be assigned to each entrance serving a tenant or resident in addition to the number assigned to the principal entrance of the building or structure. The unit designations shall be progressive as assigned in the progressive direction of the street and per the property numbering system approved by this code. F. All requests for a building or property address change shall be made in writing to the building official and all of the following conditions shall be present in order for the request to be approved: 1. An obvious error shall exist, (i.e. the building was addressed off a street not associated with the site, the building or property addresses are out of sequence, duplicate address exists), etc. 2. The existing address could delay Fire, Police or emergency services from finding the location in an emergency. {WSS570922.DOC;1/00006.900000/} -52- 3. The Fire department agrees the address change is necessary. 19.75.010 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 subject to penalties per ECC 5.50 and Chapter 20.110 ECDC. Chapter 19.80 BOARD OF APPEALS Sections: 19.80.000 Purpose and applicability. 19.80.005 Application and fee. 19.80.010 Board of appeals membership. 19.80.015 Board of appeals procedures. 19.80.020 Powers and duties of the Board. 19.80.025 Appeals from decisions of the Board. 19.80.030 Snohomish county regional board of appeals. 19.80.000 Purpose and applicability. A. All properly filed appeals pursuant to the adopted codes of ECDC Title 19 shall be heard by the Board of appeals created by this chapter. The Board shall have no authority to review administrative decisions or grant modifications to the provisions of any administrative chapter as adopted by ECDC Title 19, nor can the Board waive a code requirement. B. The Board of appeals shall hear appeals from the building official's interpretation of the adopted building codes, determinations of suitable alternative methods and materials, and any other appeal delegated to a Board of appeals pursuant to the State Building Codes, including but not limited to; the International Building Code, the International Residential Code, the International Fire Code, the Uniform Housing Code, the State Historical Building Code, the Abatement of Dangerous Buildings Code, the International Fuel Gas Code, the International Mechanical Code, the Uniform Plumbing Code and any and all other codes adopted pursuant to the direction and authority of Chapter 19.27 RCW. {WSS570922.DOC;1/00006.900000/1 -53- C. The provisions of the state building codes as adopted by the city are not intended to prevent the use of any material, alternate design or method of construction not specifically prescribed by this code, provided any alternative has been approved and its use authorized by the building official or on appeal or request for review by the Board of appeals. 19.80.005 Application and fee. An application for appeal shall be filed with the building official upon a departmental form within ten (10) days date of formal written decision. The application shall be accompanied by the required fee as set forth in Chapter 19.70 ECDC and shall be complete in all aspects before the hearing shall be scheduled. Failure to supplement an incomplete application within ten (10) business days of filing shall constitute an incomplete application and the administrative'recourse of appeal shall be denied. 19.80.010 Board of appeals membership. A. There is created a Board of appeals consisting of members who are qualified by experience and training to pass on matters pertaining to building construction and who are not employees of the city of Edmonds. The technical expertise of Board members shall be supplied through training or experience as an architect, builder, general contractor, developer, fire inspector, mechanical engineer, electrician, plumber, or structural engineer. The Board members shall be active, practicing members of one of the prior listed disciplines or professions and include one lay person. Technical members of the Board shall be appointed by the mayor and must reside in Snohomish County; the lay person shall be a resident of the city of Edmonds. B. The Board shall consist of nine (9) voting members and four (4) alternates appointed by the mayor. The Board shall be comprised of persons with the following backgrounds or professional designations: 1. Position One. Structural Engineer registered by the state of Washington with at least five years experience. 2. Position Two. Certified Fire Protection Specialist with at least five years experience. 3. Position Three. Mechanical Engineer registered by the state of Washington with at least five years experience. {WSS570922.DOC;1/00006.900000/} -54- 4. Position Four. Architect registered by the state of Washington with at least five years experience. 5. Position Five. Electrician licensed by the state of Washington with at least five years experience. 6. Position Six. Journeyman Plumber licensed by the state of Washington with at least five years experience 7. Positions Seven and Eight. General Contractor, Developer or Builder licensed by the state of Washington with at least five years expenence. 8. Position Nine. Citizen member of the city of Edmonds who is not associated with the building industry. 9. Alternates. Four (4) additional alternates will be chosen to be called by the Board during absence or disqualification of a member. Alternate members are required to meet one of the technical qualifications required for Board membership. In the absence of any member of the Board, the alternates shall be authorized to fill such temporary vacancy, regardless of the resulting composition of the Board, with the full power accorded the regular member. The Board chairman shall appoint the alternate. A permanent vacancy shall be filled by an alternate who is appointed by the mayor. Alternates may appear at all meetings but shall not vote unless they are filling a temporary vacancy. C. Building Official Duties. 1. Hearing Secretary. The secretary of the Board shall be the building official. The secretary shall be the custodian of the records, shall conduct official correspondence of the Board and generally be responsible for clerical work of the Board. The secretary shall be present at the appeal meetings and shall present all relevant information regarding appeals to the Board, including the application and other information submitted by the appellant prior to the hearing. The secretary shall notify all interested parties regarding matters of the Board. 2. Building Department Representatives. The building official shall be an ex- officio member of the Board without voting power. D. Fire Department Representatives. The chief of the Fire Prevention Bureau, or his authorized representative, shall be an ex- officio member to the Board without voting power. {WSS570922.DOC;1/00006.900000/} -55- 19.80.015 Board of appeals procedures. A. Terms. As of the effective date of this ordinance, the mayor shall appoint the initial Board members to overlapping terms. Two technical members shall be appointed to a one year term, two technical members shall be appointed to two year terms and two technical members shall be appointed to three year terms, the remaining members shall be appointed to three year .terms. Following initial terms, subsequent terms of all Board members and alternates shall be for three calendar years. No member of the Board shall serve more than three (3) consecutive full terms; or a total of more than nine (9) consecutive calendar years. B. Regular meetings. Regular meetings may be held once each month, or as often as may be required. At the first regular meeting of each calendar year, the Board shall elect a Chairman and a Vice Chairman. The Chairman of the Board shall require that all members of the Board be polled during voting at the meeting. Seven (7) members of the Board shall constitute a quorum. C. Special meetings. Special meetings may be held by the Chairman and at such times as the Board shall determine. The Board, the city or an appellant may request a special meeting. Any special meeting held at the request of an appellant shall be paid for by the appellant in the amount set forth in Chapter 19.70 ECDC. Five (5) members of the Board shall constitute a quorum at special meetings. D. Executive sessions. Executive sessions of the Board may be called pursuant to the State Open Public Meetings law by the Chairman or the Vice Chairman of the Board and are not open to the public. The building official shall attend as secretary. E. Public notice. Public notice shall be given, of all meetings. Upon written receipt and confirmation of a complete appeal of a request, notice shall be sent to the fire department, the health department, the city attorney and the owner of the real estate and parties within 100 feet affected by the request. No hearing shall be scheduled until fifteen (15) days after the required hearing notifications are mailed. Meetings shall be open to the public. The appellant, the appellants' representative, the building official, and any person whose interests are affected shall be given an opportunity to be heard. F. Oath/Subpoena. The Chairman may administer oaths, accept affirmations and compel the attendance of witnesses. A failure or {WSS570922.DOC;1/00006.900000/1 -56- refusal to appear in response to a subpoena issued by the Board shall constitute a violation of these adopted codes and subject to the penalties as outlined in Chapter 19.85 ECDC. G. Department /Interested party. At any public meeting a representative of the city building and fire department and any other interested party may appear in person, by agent or by attorney, offer evidence and testimony and cross - examine witnesses. All evidence and testimony shall be presented publicly. The Board may take judicial notice of facts to the same extent and in the same manner as courts of record and may consider relevant facts within the personal knowledge of any member of the Board that are stated into the record by such member. H. Recording. All meetings before the Board shall be recorded. I. Compensation. The Board shall receive no compensation regardless of number or type of cases heard. J. Removal. Board members shall be removed from office by the mayor prior to the end of their terms only for just cause. Any member who is unavailable for three (3) consecutive appeal hearings shall be automatically removed and an alternate appointed as provided for herein. K. Conflict of interest. Members with a material or financial interest in a matter before the Board shall declare such interest and refrain from participating in discussions, deliberations, and voting on such matters. 19.080.020 Powers and duties of the Board. A. The Board shall adopt rules and procedures governing all proceedings consistent with the provisions set forth herein. The rules and regulations shall include meeting location, meeting time, procedures, contents of a complete appeal application and time to be allotted for each case. B. Subject to the limitations enumerated herein, the Board shall have and may exercise the following powers: 1. The Board shall have no authority relative to the interpretation of the administrative provisions of any of the state building codes, nor shall the Board be empowered to waive any requirement of any such code. {WSS570922.DOC;1/00006.900000/1 -57- 2. Nothing herein shall be interpreted to permit the Board to hear any appeal, nor any request for deviation of design or alternative methods with respect to any property lying within a recognized landslide hazard and earth subsidence area or which is otherwise subject to the requirements of Chapter 19.10 ECDC including effecting map changes. 3. The Board, on review, may approve the use of any material, alternate design or method of construction providing that it finds that the proposed design is satisfactory and complies with the provisions of this code and that the material, design, or method is, for the purpose intended, at least the equivalent of that prescribed in the applicable code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation. The decision of the building official shall not be overturned unless the Board shall find that the following conditions exist: a. That the appellant properly applied for an appeal; b. That sufficient evidence, proof or testing reports were submitted by the appellant that substantiated claims of equivalency; c. That the proposed modification or alternate will not weaken the general purpose of the adopted code; d. That the proposed modification or alternate will be in harmony with the spirit and purpose of the adopted code; e. That the proposed modification or alternate will not adversely affect the public health and safety; f. That the proposed modification or alternate will not adversely affect the structural integrity of the building; and g. That the proposed modification or alternate will not adversely affect the fire safety of the building. 4. To hear and decide appeals where it is alleged there is error in any notice or order made by the building official and/or fire marshal in the enforcement of the adopted codes in this Title. The Board shall have the power to stay the enforcement of any order issued by the building and/or fire department unless the building official and/or fire marshal certifies that a stay of the order or denial would, in the opinion of the building official and/or fire marshal, cause imminent peril to life or property. A stay shall not constitute Board approval, shall be personal to the appellant and {WSS570922.DOC;1/00006.900000/1 -58- not transferable, and shall be subject to the terms and conditions imposed by the Board. Any determination or order of the building and/or fire department shall be presumed to be correct until evidence is introduced that would support a contrary determination. 5. Whenever the owner or legally responsible person of an alleged unsafe building, structure, utility or other condition does not agree with the order from the building official and/or fire marshal as to the correction to be made, he shall have the right to appeal to the Board within ten (10) days from the date of said order. In his appeal, the appellant shall state how he proposes to make the unsafe building, structure, utility or other condition safe and the Board may require the appellant to submit detailed engineering analysis or recommendations, accompanied by plans and specifications prepared by a state licensed architect or registered professional engineer, as prescribed in this adopted code. The Board, in hearing such. appeals, may require substantiating data concerning the removal or other remedial steps to be taken to render the unsafe building, structure, utility or other condition safe. In- any matter in which an order or notice relating to an unsafe building, structure, utility or other condition is appealed, the building and /or fire department may certify to the Board that the unsafe building, structure, utility or other condition could become an imminent hazard, in which case the Board shall schedule a meeting within five (5) business days to hear said appeal. ' C. Burden of Proof. 1. The appellant bears the burden of proof in any proceeding before the Board. If there is insufficient evidence of compliance with any of the provisions of this code or evidence that any material or construction does not conform to the requirements of this code, the appeal from the decision of the building official shall be denied. 2. The Board may continue any proceeding in order to permit the appellant to provide proof of compliance through tests conducted in accordance with general engineering practice and best scientific evidence. Such tests shall be made by the appellant and at no expense to the jurisdiction. Test methods shall be as specified by the applicable building code or by other recognized testing standards. If there are not recognized and accepted test methods for the proposed alternate, testing methods shall utilize generally accepted engineering practice and best scientific method. Reports {WSS570922.DOC;1/00006.900000/} -59- of such tests shall be retained and made a part of record of the proceedings. D. Decision of the Board. 1. The Board shall render formal written decisions within ten (10) days date of the hearing. Every decision of the Board shall be based upon findings of fact and every finding of fact shall be supported in the record of its proceedings. A mere finding or recitation of the enumerated conditions unaccompanied by findings of specific facts shall not be deemed findings of fact and shall not be deemed compliance with the code. The building official shall take immediate action in accordance with the decision of the Board. 2. Copies of the decision shall be forwarded to the appellant, a copy shall be placed in the appeal file and copies shall be made available to any person as a matter of public information. Decisions shall be filed with the building or fire department as a matter of public record. 3. In the exercise of the powers described above, the Board may reverse or affirm, wholly or in part, or may modify the order, requirements, decision or determination appealed from the Board; may impose conditions or requirements as deemed necessary and may hold cases in abeyance until proper information needed by the Board is supplied. 19.80.025 Appeals from decisions of the Board. A. The filing of a Land Use Petition for review shall not stay proceedings upon the decision appealed but the court may grant a stay in accordance with the Land Use Petition Act. B. All decisions of the Board are appealable by Land Use Petition Act to Snohomish County Superior Court. 19.80.030 Snohomish County Regional Board of Appeals. As to such time that a Regional Board of Appeals is established within Snohomish County, the city reserves the right to replace the local city Board of Appeals with said regional Board once an Interlocal agreement is approved and adopted by council action. {WSS570922.DOC;1/00006.900000/} -60- Chapter 19.85 PENALTIES Sections: 19.85.000 Applicability 19.85.000 Applicability. The provisions of all adopted codes within ECDC Title 19 shall be subject to penalties as described herein. It is unlawful for any person, firm, corporation or other organization to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the city, or cause the same to be done, contrary to or in violation of any of the provisions of this chapter. Any person, firm, corporation or other organization violating any of the provisions of ECDC Title 19 as adopted herein, or other provision of this chapter, shall be guilty of a misdemeanor, and shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of ECDC Title 19 herein is committed, continued or permitted, and upon the conviction thereof of such violation, and each violation thereof such person, firm, corporation or other organization, and the officers, directors and managers thereof, shall be punishable as set forth in ECC 5.50.020 and Chapter 20.110 ECDC. Nothing herein shall be interpreted to limit the discretion of the city to seek any other available civil, statutory or common law remedies. Chapter 19.90 LIMITATION OF BENEFITED AND PROTECTED CLASSES Sections: 19.90.000 Limitation of benefited and protected classes. 19.90.000 Limitation of benefited and protected classes. The building and supplemental codes adopted by ECDC Title 19 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 {WSS570922.DOC;1/00006.900000/1 -61- or group of persons who will or would be especially protected or benefited by the adoption of any code in this title. 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 five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYO k GAR NSON ATTEST /AUTHENTICATED: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF E TY AT ORNEY: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: 05/14/2004 PASSED BY THE CITY COUNCIL: 05/18/2004 PUBLISHED: 05/26/2004 EFFECTIVE DATE: 05/31/2004 ORDINANCE NO. 3502 {WSS570922.DOC;1/00006.900000/} -62- SUMMARY OF ORDINANCE NO. 3502 of the City of Edmonds, Washington On the 18th day of May, 2004 the City Council of the City of Edmonds, passed Ordinance No. 3502. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING AND REENACTING TITLE 19 BUILDING CODES, EXEMPTING ONLY THE EARTH SUBSIDENCE AND LANDSLIDE HAZARD AREA PROVISIONS FROM CHAPTER 19.05, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 19th day of May, 2004. CITY CLERK, SANDRA S. CHASE {WSS570922.DOC;1/00006.900000/} -63- STATE OF WASHINGTON, COUNTY OF SNOHOMISH SUMMARY OF ORDINANCE NO. 3502 o the ity o mon s, as ington On the 18th day of May, 2004, the City Council of the City of Edmonds, passed Ordinance No. 3502. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHING- TON, REPEALING AND REENACTING TITLE 19 BUILDING CODES, EXEMPTING ONLY THE EARTH SUBSEYERLT AND — LANDSLIDE HAZARD AREA PROVISIONS FROM CHAPTER 19.05, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 191h day of May, 2004. Published: May 26, 2004. CITY CLERK, SANDRA S. CHASE RECEIVED JUN 0 8 2004 EDMONDS CITY CLERK Affidavit of Publication S.S. The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State: that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice City of Edmonds Summary of Ordinance No. 3502 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: May 26, 2004 and that said newspaper was regularly distributed to its subscribers during all of said period. Ae�_xi - Iv Principal Clerk Subscribed and sworn t fore me this 26th day of May, 2004 LL n e,• \5510 N F�:A • G�,s ��e Notary Public in and for th State o ashington, rending a vere�is,$nehomish•3 County. G Z ' /N•* G f t1�9t�OF Account Name: City of Edmonds Account Number: 101416 Order Number: 0001170452