Ordinance 36510006.90000
WSS /gjz
6/08/07
ORDINANCE NO. 3651
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE EDMONDS COMMUNITY
DEVELOPMENT CODE, TITLE 19, TO ADOPT THE 2006
INTERNATIONAL BUILDING CODE, 2006
INTERNATIONAL RESIDENTIAL CODE, 2006
INTERNATIONAL FIRE CODE, 2006 INTERNATIONAL
MECHANICAL CODE AND FUEL GAS CODE, 2006
UNIFORM PLUMBING CODE, 2006 STATE ENERGY CODE,
THE 2006 STATE VENTILATION AND INDOOR QUALITY
CODE, AND OTHER STATE CODES ADOPTED PURSUANT
TO THE STATE BUILDING CODE, ALONG WITH CERTAIN
AMENDMENTS TO EXISTING CITY CODES IN SAID TITLE
IN ORDER TO CORRECT SCRIVENER'S ERRORS,
GRAMMATICAL CHANGES, CROSS REFERENCE
CHANGES AND PROVIDING WORDING CLARIFICATIONS,
AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, the State Building Code Council has approved statewide adoption of
the Building, Fire and Supplemental Construction Codes, and
WHEREAS, the City is required to adopt these changes prior to the effective date
of July 1, 2007 of the State codes,
WHEREAS, the City Council, following public hearing, deems it to be in the
public interest to adopt such codes, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds Community Development Code, Title 19, is hereby
repealed and reenacted to read in the following format:
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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.
A. Under the statutory authority of RCW 19.27.027,
19.27.074, and RCW 70.92 the 2006 Edition of the International
Building Code (IBC) as published by the International Code
Council (ICC), including the state amendments set forth in RCW
34.05 and Chapter 51 -50 WAC, 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.
B. 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:
1. "International Building Code" shall mean the building code
as adopted and amended in ECDC Title 19.
2. "International Residential Code" shall mean the residential
building code as adopted and amended in ECDC Title 19.
3. "International Mechanical Code" shall mean the
mechanical code as adopted and amended in ECDC Title 19.
4. "International Fuel Gas Code" shall mean the fuel
gas code as adopted in Chapter 19.27 RCW and in accordance with
the mechanical code as adopted and amended in ECDC Title 19.
5. "International Fire Code" shall mean the fire code as
adopted and amended in ECDC Title 19.
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6. "Uniform Plumbing Code" shall mean the plumbing code
as adopted and amended in ECDC Title 19.
7. "Washington State Energy Code" shall mean the energy
code as adopted and amended in ECDC Title 19.
8. The "National Electrical Code" shall mean the electrical
code as adopted and amended in ECDC Title 19.
9. "Uniform Housing Code" shall mean the housing code as
adopted and amended in ECDC Title 19.
10. "Uniform Code for the Abatement of Dangerous
Buildings" shall mean the dangerous buildings code as adopted
and amended in ECDC Title 19.
11. "State Historic Building Code" shall mean the historic
building code as adopted and amended in ECDC Title 19.
12. "Washington State Ventilation and Indoor Air Quality
Code" shall mean the ventilation code as adopted and amended by
ECDC Title 19.
13. International Existing Building Code: Not adopted. All
references shall be disregarded.
14 International Property Maintenance Code: Not adopted.
All references shall be disregarded.
15. 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.
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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.
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) and ECDC 19.10.010A4(a).
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.
permits.
iii. Mechanical permits.
iv. Tank removal, tank fill, or tank placement
V. Grading, excavation and fill permits.
vi. Water service line permits.
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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.
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
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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 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.
b. 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.
C. With such phased approval, a performance bond
shall be posted with the city pursuant to Chapter 17.10 ECDC, to
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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.
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. 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.
a. 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.
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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.
a. 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, and a self - closing,
self - latching gate shall be provided, with an inside lock
inaccessible to children aged five (5) years or younger.
b. The gate shall be securely locked when the
swimming pool is unattended.
C. 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.
a. 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.
b. 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.
a. 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.
b. All heating and electrical equipment, unless
approved for outdoor installation, shall be adequately protected
against the weather or installed within a building.
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10. Section 3109.9 Accessibility and clearances. Equipment
shall be so installed as to provide accessibility for cleaning,
operating, maintenance, and servicing.
11. Section 3 109. 10 Tests and cross connection devices.
a. All swimming pool, hot tub and spa piping shall be
inspected and approved before being covered or concealed.
b. 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.
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 El 07 Signage. Deleted.
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2. Section E108 Bus stops. Deleted.
3. Section E110 Airports. Deleted.
4. Section E111 Referenced Standards. Deleted.
E. Appendix H Signs.
1. Section 1-1101.2 Signs exempt from permits. Replaced by
ECDC 19.00.010(Q).
2. Section 1-1101.2.1 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
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 1-1107 Combustible materials. Deleted.
6. Section H108 Animated devices. Deleted.
7. Section H109.1 Height restrictions. Deleted.
8. Section H110 Roof signs. Deleted.
F. Appendix J Grading.
1. Section J103.2 Exemptions. Replaced by 19.00.010(M).
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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 subject to the provisions of ECDC Title 23 or
limited or prohibited by the provisions of Chapter 19.10 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.
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; or
2. Impounding Class i, Il, III -A liquids; or
3. Subject to the provisions of Chapter 23.50 ECDC or
Chapter 23.80 ECDC.
E. Rockeries.
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. Sidewalks and driveways not more than 30 inches above
adjacent grade, and not over any basement or story below and are
not part of an accessible route, provided a permit is not required by
Chapter 18.60 ECDC.
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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.
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.
L. Swings and other playground equipment accessory to an
occupancy.
M. Grading less than fifty (50) cubic yards (placed, removed or
moved within any 365 day period) unless subject to the provisions
of Chapter 23.50 ECDC or Chapter 23.80 ECDC.
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:
1. Replacing the panel on a previously permitted existing wall
cabinet or pole sign,
2. Repainting an existing previously permitted wood sign
3. Painted or vinyl lettering on storefront windows
4. Governmental signs, campaign signs, official public
notices, and signs required by provision of local, state, or federal
law,
5. Temporary signs announcing the sale or rent of property
and other temporary signs as described in ECDC 20.60.080,
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6. 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
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
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
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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
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.
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5. A building permit application, as described in IBC Section
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 Section
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 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 90 days of 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.
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4. Following final ADB approval, the applicant shall file the
plans and information required by IBC Section 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.
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
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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:
A. Cap Abandoned Sanitary Sewers. Septic tanks are to be
pumped, collapsed and removed and /or filled with earth, sand,
concrete, CDF or hard slurry.
B. Knock Down of Concrete Foundation Walls, Porches,
Chimneys and Similar Structures. Concrete, bricks, cobbles and
boulders shall be broken to less than 12 -inch diameter. Debris left
on site shall conform to IBC Section 1803.2 for clean fill.
C. Construction debris, vegetation, and garbage attributable to
the demolition shall be removed from the site and from unopened
street right of way within 30 days of written notice. No debris of
any kind may be placed on street right of way (including alleys)
without a right -of -way permit.
D. Repair of any damage to, and restoration of, any public
property to substantially original conditions, i.e., alley, street,
sidewalk, landscaping, water meter, utilities, rockeries, retaining
walls, etc.
E. 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.
F. Temporary erosion and sedimentation 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.
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19.05.025 Manufactured home installation standards.
19.05.000 International Residential Code adopted.
Under the statutory authority of RCW 19.27.020 and 19.27.074,
the 2006 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 and Chapter 51 -51
WAC, 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.
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) and 19.10.010.A4(a).
5. Section R105.5.1 Recommence work on an expired permit.
Replaced by ECDC 19.00.005(A)(7).
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6. R106.3.1 Approval of construction documents. When the
building official issues a permit, the construction documents shall
be approved, in writing or by a stamp which states "APPROVED
PLANS'. One set of approved construction documents shall be
retained by the building official. One set of approved construction
documents shall be returned to the applicant and shall be made
available on site to the building official or duly authorized agent of
the city.
7. Section R106.3.3 Phased approval. Replaced by ECDC
19.00.005(A)(8).
8. Section R107 Temporary structures and uses. Deleted.
9. Section R108 Fees. Replaced by Chapter 19.70 ECDC.
10. 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.
11. Section R112 Appeals. Replaced by Chapter 19.80 ECDC.
B. Chapter 2, Definitions.
1. Section R202 Accessory Structure. Deleted.
C. Chapter 3 Building Planning.
1. Table R301.2(1) Climatic and geographic design criteria.
a. Ground Snow load = 25PSF
b. Wind Speed(e)(mph) = 85
C. Seismic Design Category(g) = D2
d. Weathering(a) = moderate
e. Frost Line Depth(b) = 18"
f. Termite(c) = Yes
g. Winter Design Temp(f) = 27 degrees
h. Flood Hazards(h) NFIP date of adoption 3 -26 -74
Effective FIRM Maps 11 -8 -99
i. Ice Shield Underlayment required(i) = No
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j. Air Freezing Index(j) = 0 -1000
k. Mean Annual Temp(k) = 50 degrees
Refer to Table R301.2(1) for applicable footnotes.
2. Section R325 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 ECDC Title 23. 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 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. ECDC Title 23 provisions do
not apply.
C. Sport courts less than 2,000 square feet.
D. Dock repair of individual decking members. ECDC Title
23 provisions do not apply.
E. Replacement or repair of existing exterior siding. ECDC
Title 23 provisions do not apply.
F. Replacement or repair of existing window or doors with no
change in size or framing. ECDC Title 23 provisions do not apply.
(WSS664610.DOC;1 /00006.900000/) -20-
G. Replacement or repair of individual decking, joists, stair
treads, or intermediate rails. ECDC Title 23 provisions do not
apply.
H. Sidewalks and driveways not more than 30 inches above
adjacent grade, and not over any basement or story below and are
not part of an accessible route, provided a permit is not required by
Chapter 18.60 ECDC.
I. Uncovered platforms, decks, patios, not more than thirty
(30) inches above grade and not over any basement or story below
and are not part of an accessible route.
19.05.015 Fully complete application.
In accordance with the provisions of RCW 19.27.031 and
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. Permit Regulations.
1. Chapter 296 -150M WAC, as currently promulgated
together with any future amendments thereof, or future additions
thereto, is 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 Chapter 296 -
150M WAC, as herein adopted by reference, shall refer to building
permits issued for the installation of manufactured homes.
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.
{WSS664610.DOC;1 /00006.900000/} -21-
4. Mobile homes are permitted only within designated mobile
home parks.
5. Pursuant to added RCW 35.21.2, 35A.21.3, 36.01.4, and
amended RCW 35.63.160 and 1998 c 239 s 1., homes built to 42
USC Section 5401 through 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.
6. Manufactured homes to be placed within the city shall not
be older than three calendar years from the date of complete permit
application submittal. The applicant is required to provide the
vehicle identification number (VIN) information.
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.
9. The minimum manufactured home size shall be at least two
fully enclosed parallel sections each not less than 12 feet wide by
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
BUILDING PERMITS - EARTH SUBSIDENCE AND
LANDSLIDE HAZARD AREAS
Sections:
19.10.000
Statement of purpose and application.
19.10.010
Section amendments.
19.10.020
Definitions.
19.10.030
Minimum required application submissions.
19.10.040
Site posting notice, disclosures, declarations,
covenants and waivers.
19.10.050
Site bonds, contractor general public liability
insurance.
19.10.060
Review to determine compliance with
engineering practice and best available
science.
19.10.070
Issuance and denial of permits.
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19.10.080 Site access, professional/special inspection
monitoring during construction and final
geotechnical report.
19.10.000 Statement of purpose and application.
A. This chapter has been enacted in order to provide both
substantive and procedural provisions relating to the issuance of
permits within designated earth subsidence and landslide hazard
areas of the city. It shall be the policy of the city that no permit
shall be issued for any site which is found to be unsuitable for
improvement due to excessively steep slopes, unsatisfactory
foundation support, instability or unsuitable topography for the
particular permit requested for issuance. When development
occurs on an unstable site, an unreasonable risk of danger may
exist to the public, to public improvements or to adjacent property
owners. If such a site can be stabilized through the construction of
on -site improvements, that risk may be reduced.
B. The construction of professionally designed structures
addressing the risks of earth movement, and employing feasible
attendant measures (including but not limited to: drainage
improvements, specially designed foundations, retaining walls,
removal of overburden and other improvements designed to
minimize the risk of earth movement, prevent avoidable damage to
structures, safeguard adjacent properties, limit risk to inhabitants,
and to stabilize the structure in the event of movement) may
mitigate and reduce the risk of earth movement on individual
properties. Nothing herein shall relieve an owner of any obligation
imposed by the State Building Code or City ordinance to take all
reasonable and practical measures available to reduce or eliminate
the risk or hazard.
C. The IRC /IBC, as promulgated by the state of Washington
and required to be adopted by the city, does not specify a standard
regarding lot stability. Since the city's request for an interpretation
of the uniform building code by the state building code council to
designate an acceptable level of lot stability was denied, and
because the city wishes to comply with state law requiring that the
issuance of building permits be a ministerial and not a
discretionary act, the provisions of this chapter have been adopted
in order to provide reasonable certainty in the permit issuance
process. The purpose of these provisions is not to lessen the
minimum requirements of the current adopted building code, but
rather to define its requirements for city implementation.
{WSS664610.DOC;1/00006.900000/} -23-
D. These provisions have been adopted in order to establish a
policy that permits shall not be issued for any site where a
substantial risk of earth subsidence and landslide hazard exist
unless:
1. The risks can be defined with reasonable scientific certainty
and found to be within acceptable limits as determined in
accordance with this chapter.
2. Any hazard associated with the site is scientifically
ascertained and fully disclosed through the permit process.
3. Notice of any risk is given to future purchasers through the
land records of Snohomish County.
4. Any risks associated with construction and habitation are
assumed by the builder and future owners of the site.
5. Adequate indemnification is provided by the builder, and
the owner of, the site in order that the general public not assume or
bear any portion of the costs or liability associated with the
builder's investigation, design and construction as well as the
continuing maintenance of the site by the property owner.
E. Notwithstanding any contrary provision of this ordinance
or the IRC /IBC, all applications for permits received for any site,
any portion of which lies within an earth subsidence and landslide
hazard area, shall be governed by the provisions of this chapter. In
addition to all other requirements of these sections, the restrictions
and provisions of this chapter shall apply to all building, grading,
fill and excavation permits (herein "permits "). Minor permits such
as plumbing, mechanical, re -roof and interior alterations are
exempt from the requirements of this chapter.
F. All applications for 19.10 ECDC permits shall disclose
within the geotechnical report whether or not any part of the site
lies within, or adjacent to an earth subsidence and landslide hazard
area or within a critical area as defined by the city's
environmentally critical areas title. The building official may
require preliminary investigation by a geotechnical engineer for
any applicant whose property lies within or lies adjacent to a
known earth subsidence landslide hazard area, or within a known
hazard area, or areas with steep slopes or unusual topography or
which has a history of earth movement in order to assist the
building official in determining whether these provisions should be
applied.
{WSS664610.DOC;1/00006.900000/} -24-
G. Nothing in this chapter should or shall be interpreted to
guarantee issuance of a permit with respect to any property unless
the requirements of the IRC /IBC as amended and interpreted by
this chapter have been met.
19.10.010 Section amendments.
The provisions of this section amend the 2003 edition of the
IRC /IBC and all subsequent revisions adopted by RCW 19.27.031
as the state building code as previously amended by Chapter 19.05
ECDC. All prior substantive amendments have received the
approval of the state building code council. All provisions of the
IRC /IBC which conflict with this chapter shall be deemed
amended hereby, and any ambiguity created, shall be resolved in
favor of the specific provision or general intent of said chapter. In
addition to the amendments of the IRC /IBC by its alteration,
improvement and correction to incorporate the chapter, the
following specific code provisions are amended and the
substantive and procedural requirements of Chapter 19.10 ECDC
are amended by the correction and alteration of the following
sections of the IRC /IBC:
A. Chapter 1 Administration.
1. Section R105.1.1 Permit Review Applicability. Any permit
requested for a site lying in whole or in part within an earth
subsidence and landslide hazard area as defined by ECDC
19.10.020(F) shall be processed and acted upon in accordance with
the provisions of Chapter 19.10 ECDC.
2. Section R105.2 Work exempt from a permit. ECDC
19.00.010 exemptions A, B, D, E, F, G, J, K, M, and P and ECDC
19.05.010 exemptions, A, C, and D shall not apply in any area
designated as an earth subsidence and landslide hazard area as
defined in ECDC 19.10.020(F).
3. Section R105.3.2 Time limitation of permit application.
a. Applications, for which no permit is issued within
two (2) year 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.
b. The building official may not extend the time for
action by the applicant on an expired application. In order to
renew action on an expired application, the applicant shall submit a
new application, revised plans based on current adopted codes and
{WSS664610.DOC;1/00006.900000/} -25-
pay new plan review fees as well as any outstanding peer review
fees incurred to date.
4. Section R105.5 Permit expiration and extension.
a. Every permit issued under the provisions and
development standards of Chapter 19.10 ECDC shall expire by
limitation two (2) years after issuance, except as provided in
ECDC 19.00.005(A)(6)(b).
b. Prior to expiration of an active permit the applicant
may request in writing an extension for a third and final 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.
C. 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 fees, in order for the applicant to
complete work. The issuance of a new 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 the Land Use Petition Act, the time limit periods
imposed under this section shall also be stayed until final decision.
d. The building official shall reject requests for permit
extensions if modifications or amendments to the applicable
zoning and building codes have occurred since the original
issuance of the permit, and modifications or amendments would
significantly promote public health and safety if applied to the
project through the issuance of a new permit.
5. Section RI 05.5.1 Recommence work on an expired permit.
a. In order to recommence work on an expired permit,
a new permit application with full 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
{WSS664610.DOC;1/00006.900000/} -26-
the codes in effect at the time of complete application for the new
permit, not the expired permit. When additional plan review is
required, plan review fees shall be charged. When applicable peer
review and peer review fees shall be assessed.
6. Section R106.3.3.1 Phased approval.
a. The building official may require sequencing of
construction phases or activities such as the installation of shoring
or temporary erosion control remedies and/or drainage systems,
well in advance of grading or foundation construction on a time
frame consistent with geotechnical recommendations and peer
review. As part of the sequencing process, the building official
may impose permit conditions that address site work sequencing to
include but not limited to: limiting all excavation, drainage
systems and foundation installation to the dryer season between
May 1st and September 30th.
b. When permit conditions such as groundwork are
limited by the building official on a particular project, the
applicants' geotechnical engineer may submit a letter detailing
geotechnical recommendations that portions of work may progress.
The letter shall include a detailed work schedule submitted by the
general contractor specifying work to be done, timeline, provisions
for monitoring and equipment to be used. Any such
recommendation shall be based upon best available science and be
consistent with standard geotechnical engineering practice. The
building official may require a peer review prior to a decision
which provides concurrence regarding at least the following issues:
i. duration of work,
ii. type of equipment to use,
iii. additional temporary erosion and sediment
control provisions required, and
iv. applicability of special inspections, and
similar issues.
C. The building official may issue partial permits for
phased construction before the entire plans and specifications for
the whole building or structure have been approved provided peer
review approval has been granted. Phased approval means
separate permits for grading, shoring, and foundation may be
issued separately, provided concurrent approval is granted by the
planning manager, city engineer, and city public works director,
when applicable. No phased approval permit shall be issued unless
{WSS664610.DOC;1/00006.900000/} -27-
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.
B. Chapter 2 Definitions.
1. Section R 202 and IBC 202, are hereby amended to include
the definitions set forth in ECDC 19.10.020, incorporated by this
reference as fully as if herein set forth.
C. Chapter 4 Foundations.
1. Section R 401.1 General Exception 3. Any permit
requested for a site lying in whole or in part within an earth
subsidence and landslide hazard area shall be processed and acted
upon in accordance with the provisions of Chapter 19.10 ECDC.
D. IBC Chapter 16 Structural design.
1. Section IBC 1601.1.1 Scope. Setting forth the
requirements of Chapter 19.10 ECDC, incorporated by this
reference as fully as if herein set forth.
E. IBC Appendix J Grading.
1. Section IBC Appendix J 101.1.2 Scope. Setting forth the
requirements of Chapter 19.10 ECDC, incorporated by this
reference as fully as if herein set forth.
19.10.020 Definitions.
The following terms, when used within this chapter, shall have the
following definitions:
A. "Architect" shall mean a person licensed to practice
architecture by the state of Washington.
B. "Best available science" shall be determined in accordance
with the criteria established in WAC 365- 195 -900, et seq.
C. "Bluff' shall mean any slope ten (10) feet in height or
greater inclined at greater than 1 unit vertical in 1 unit horizontal or
100% slope.
{WSS664610.DOC;1 /00006.900000/} -28-
D. "Building Official" shall mean the building official of the
city of Edmonds.
E. "Director" shall mean the director of development services
as well as any authorized representative of the director.
F. "Earth Subsidence and Landslide Hazard Area" shall mean
any area of the city which, by reason of excessively steep slopes,
unsatisfactory foundation support, stability or topography has a
risk of earth subsidence and landslide hazard in excess of normal
allowances. The earth subsidence and landslide hazard area is a
subcategory of landslide hazard area (a geologically hazardous
area) as defined in city of Edmonds environmentally critical areas
title. The hazard area designated as the North Edmonds Earth
Subsidence Landslide Hazard Area in the 2007 report of Landau
Associates and as may be amended in future adopted earth
subsidence and landslide hazard maps are hereby incorporated by
this reference and made a part of this chapter as fully as if herein
set forth and may be provided in a summary text form. Future
adopted landslide hazard maps shall be incorporated by reference
upon adoption by ordinance.
Areas designated on the adopted North Edmonds Earth Subsidence
and Landslide Hazard Areas Map, or any future adopted landslide
hazard map as having a risk of earth subsidence or landslide
hazard, areas with slopes as designated in ECDC 23.80.020, areas
which exhibit geologic characteristics of earth movement, or any
other area identified as having a history of earth movement shall be
presumed to have such risk and shall be considered to be an earth
subsidence and landslide hazard area. Applicants for permits in
such areas shall submit a geotechnical report and complete plan set
submittal as required by this chapter to the building official for
review.
The presumption of risk shall be rebuttable and the decision of the
director or building official that any area lies within, or adjacent to,
such earth subsidence and landslide hazard area shall be appealable
as a staff decision to superior court in accordance with the Land
Use Petition Act.
Copies of the reports and maps shall be maintained in the offices of
the building official and shall be available for inspection during all
normal working hours. Individual copies of the reports and map
may be obtained by the public upon the payment of the cost of
reproduction.
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G. "General Contractor" shall mean a bonded, insured and
registered contractor in the state of Washington. A general
contractor shall maintain state required bonding and shall carry
general public liability insurance in the minimum amount of one
million dollars. The general contractor shall have a current valid
state contractor's license with the state of Washington and a city of
Edmonds resident or non - resident business license, whichever is
applicable.
H. "Geologist" means a practicing geologist licensed in the
state of Washington with at least four (4) years experience as a
licensed geologist in responsible charge, including experience with
landslide evaluation.
I. " Geotechnical Engineer" means a practicing,
geotechnical /civil engineer licensed as a professional civil engineer
in the state of Washington who has at least four (4) years of
professional employment as a geotechnical engineer in responsible
charge, including experience with landslide evaluation.
J. "Landslide Hazard Area" means areas mapped or otherwise
defined by the city of Edmonds as environmental critical areas or
geologically hazardous areas.
K. "Land Surveyor" means a person who holds a Washington
State land surveyor's license.
L. "Lead Design Professional" means the person designated
by the applicant to oversee and coordinate the permit review
process on behalf of the applicant.
M. "Plan Set Submittal" means a complete application
pursuant to ECDC 19.00.015 including:
1. Vicinity Map.
2. Topography map and survey.
3. Civil plans including; grading, temporary erosion and
sediment control, storm drainage, utilities and site improvements.
4. Tree cutting /land clearing plans.
5. Geotechnical report.
6. Architectural and structural plans with design calculations,
stamped and signed by licensed design professionals of the state of
Washington.
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N. "Site" means the entire area within the boundaries, as
described in a legal description, of the property that is to be
developed under the permit for which the applicant has applied.
O. "Stable" shall mean that the risk of damage to the proposed
development, or to adjacent properties, from soil instability is
minimal subject to the conditions set forth in the reports developed
under the requirements of ECDC 19.10.030 and the proposed
development will not increase the potential for soil movement.
In the event that any site has an underlying risk of movement based
upon deep- seated earth movement or large -scale earth failure
which is not susceptible of correction by on -site improvements,
such hazard shall not render a site proposed for single - family
residences to be presumed unstable for the purpose of this
provision if the geotechnical engineer of record and
recommendation of any peer reviewer confirm the risk of
probability of earth movement is thirty (30) percent or less within a
twenty -five (25) year period.
In order to meet the definition of stable the geotechnical report
shall include identified hazards for the property and the mitigation
measures proposed to reduce or correct the hazards along with
measures taken to mitigate potential impacts from the remaining
hazards, including, all on and off site measures taken to correct or
reduce the risk. These shall be fully disclosed to the applicant and
future owners, heirs and assigns in the covenant required to be
executed in accordance with provisions of this chapter, in which
case the defined risk may be approved as an acceptable condition.
P. "Steep Slope" shall be defined and calculated pursuant to
Chapter 23.80 ECDC.
Q. "Storm Event" means one (1) inch or greater precipitation
in a twenty -four (24) hour period as reported by the National
Oceanic and Atmospheric Administration (NOAA).
R. "Structural Engineer" means a person licensed to practice
structural engineering by the state of Washington.
S. "Structural Fill" shall mean any fill placed below
structures, including slabs, where the fill soils are intended 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 compacted in accordance
with an approved geotechnical report prepared utilizing best
engineering science.
{WSS664610.DOC;1/00006.900000/} - 31 -
19.10.030 Minimum required application submittals.
A. The applicant shall submit a complete plan set submittal
and permit application and specifications for the proposed
development as defined in ECDC 19.10.020(M) and this chapter.
B. An Earth Subsidence and Landslide Hazard area permit
submittal checklist shall be adopted at the direction of the director
and shall be provided to all persons inquiring regarding building
permit applications or development permits in the designated earth
subsidence and landslide hazard area of North Edmonds. The
submittal checklist shall include but not be limited to the
requirements contained in city public handouts, written policies,
adopted maps, reference maps, summary reports, minimum
geotechnical report guidelines, and the following:
North Edmonds Earth Subsidence and Landslide Hazard
map.
Vicinity map.
Topographic map and survey.
Civil plans (i.e., grading, temporary erosion and sediment control,
storm drainage, utilities and site improvements).
- Tree cutting/land clearing plan.
- Geotechnical report.
- Owner and professional declarations.
- Detailed architectural and structural plans with structural
calculations and specifications.
- Bonds, covenants and contractor public liability insurance
in accordance with the detailed requirements stated below.
If any item in the checklist is inapplicable to a particular project, a
letter or a report shall be provided to the director stamped by the
appropriate licensed design professional, with sufficient
information or data to demonstrate why the item is inapplicable.
The director may utilize appropriate licensed consultants to
determine if generally accepted engineering practice requires
submission of an application requirement. When consultants are
used to determine if generally accepted engineering practice
requires submission of an application requirement the cost of
review shall be paid by the applicant.
C. A copy of the North Edmonds Earth Subsidence and
Landslide Hazard map shall be included in the submittal checklist
materials.
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D. The vicinity map shall be suitable for locating the site and
include information related to existing conditions on or near the
site, based on the topographic map and survey and shall designate
all known landslide masses, or debris flows or mud flows on or
near the site which could threaten proposed structures within 100
feet, as referenced, noted, described or discussed in the
geotechnical report.
E. The applicant shall submit a topographic map and survey
prepared and stamped by a licensed land surveyor, prior to studies
and evaluations by the geotechnical engineer, and shall show:
1. Map scale, north arrow, legal description, tax account
parcel numbers, easements, lot property lines.
2. Existing grade contour lines, at two (2) foot intervals.
3. All distances between existing structures on the site and
approximate distances of existing habitable structures on adjacent
sites within 50 feet of property lines (all adjacent sites which could
affect or be affected by the proposed development shall be shown).
4. Lowest footing or basement slab elevation of existing and
proposed structures on the property and on adjacent properties to
the extent that such information is reasonably available and,
proposed finish floor elevations.
5. The location of existing sanitary sewers, storm water
drainage facilities, septic tanks, drain fields, wells, piezometers,
private drainage systems, underground storage tanks, subsurface
drains, and other sewer /drainage facility components on, and
adjacent to, the site to the extent such information is reasonably
available.
6. The location of all existing underground utilities on, and
adjacent to, the site including, but not limited to; telephone, cable
television, gas, electric and water utilities, vaults, fire hydrants and
other cables, wires, meters and drainage pipes to the extent that
such information is available.
7. A separate topographical drawing shall be submitted
showing proposed grade contours at two (2) foot intervals. This
drawing shall include bottom of proposed footing elevations
including all stepped footing elevations.
F. Civil engineered plans shall be prepared and stamped by a
state of Washington licensed civil engineer pursuant to the
provisions of Chapter 18.30 ECDC and current adopted City
{WSS664610.DOC;1/00006.900000/} -33 -
Stormwater Manual. Geotechnical report recommendations
affecting civil plans shall be incorporated into the design and
detailed on the plans and shall include:
1. Storm drainage plan with storm drainage calculations.
2. Provisions for building pad and foundation drainage.
3. Temporary erosion and sediment control with drainage and
maintenance provisions, and/or other sediment control assemblies.
4. Permanent erosion control with drainage and maintenance
provisions.
5. Fill /soil stockpile limitation provisions, specific location,
height, protection and maintenance.
6. Slope protection plans, rockeries, retaining walls, ecology
blocks, keystone block walls, soldier pile walls, and soil nail walls.
7. Utilities and site improvements.
8. Grading plans, temporary and permanent shoring plans, top
and toe of slope setbacks, driveway slope.
G. In lieu of the procedural requirements of Chapter 18.45
ECDC a tree cutting/land clearing plan shall be submitted when
significant trees are proposed to be removed. A significant tree is
a tree with a trunk diameter of six inches or greater measured 4
feet from the ground. No significant tree shall be removed until
the permit is approved.
A detailed landscape plan may also be required in order for the city
to evaluate long -term erosion control measures. The plan shall
comply with all requirements of the ECDC relating to tree clearing
and critical areas review, if applicable. The director may require
the project geotechnical engineer's concurrence regarding an
approval of a tree cutting /land clearing plan when slope stability is
at issue.
H. Included in the permit submittal checklist shall be general
and specific soils and geotechnical information, details or analysis
required pursuant to IBC 1802. The applicant shall retain a
geotechnical engineer to prepare a report and evaluation of the
subsurface soil conditions on the site to include:
1. The geotechnical report shall be prepared in accordance
with generally accepted geotechnical engineering practices, under
{WSS664610.DOC;1/00006.900000/} -34-
the supervision of, and signed and stamped by, the geotechnical
engineer. A geologist may be required to be part of the
geotechnical consulting staff. The report shall reference the
Landau Associates Summary Report (2007) as a technical
document reviewed as part of the geologic analysis for the project
and discuss all items listed in the permit submittal checklist and
shall make specific recommendations concerning development of
the site.
2. The opinions and recommendations contained in the
geotechnical report shall be supported by field observations and,
where appropriate or applicable, by literature review, conducted by
the geotechnical engineer. The report shall be based on best
available science.
3. The report shall include an analysis of material gathered
through appropriate explorations, such as borings or test pits to a
minimum depth of 6 feet below the proposed lowest footing or
pile, an analysis of soil characteristics conducted by or under the
supervision of, the engineer in accordance with the standards
adopted by the American Society of Testing and Materials
(ASTM) or other applicable standards. The report must provide
subsurface data to support the engineer's conclusions regarding
slope stability.
4. If the evaluation involves geologic evaluations or
interpretations, the report shall be reviewed and approved by a
geologist. It shall be the responsibility of the geotechnical
engineer to assure that the geologist meets the qualifications listed
in the definition section. A letter of concurrence from the
geologist shall be included in the report.
5. Based upon the North Edmonds Landslide Area Geology
and Slide Mechanisms map and table found in the Landau
Associates Summary Report (2007), any lot which contains any
portion of any hazard zone or is adjacent thereto, (regardless of
whether the proposed building pad is located within any hazard
area) shall specifically consider within the geotechnical report, the
following types of typical hazard zones and shall specifically note
if the hazard is, or is not, present on the site. The report shall
address hazards from encroaching landslide materials, hazards
from ground failure in material that has not previously failed, and
hazards from ground failure in previously failed material. For each
landslide hazard identified on a property, the geotechnical engineer
shall identify the types of specific processes associated with the
hazard and include design features to reduce such hazards and
mitigate impacts.
{WSS664610.DOC;1/00006.900000/} -35-
6. For properties containing or adjacent to bluffs, the
geotechnical engineer shall, as a part of the building permit process
provide analysis of the rate of retreat of the bluff prepared by a
geologist and estimate the bluff retreat amount and regression rate
for periods of twenty -five (25) and 125 years. The geotechnical
engineer shall address the effects of bluff retreat on the stability of
structures and/or improvements. A structure is defined as:
a. A building intended for human habitation,
b. A building, structure or other improvement, whose
stress or weight, collapse or movement would endanger public
safety in the event of slope failure and,
C. Any improvement on the site which is necessary to
mitigate danger to public safety or provide stability.
If the bluff retreat rate analysis shows that the rate of retreat of the
bluff is such that any structure or improvement constructed
pursuant to the building permit would be unreasonably endangered
or reasonably could be anticipated to be endangered by landslide or
earth subsidence during its normal useful life, the application shall
be denied.
Geotechnical letter addressing the provisions of Chapter 23.80
ECDC.
I. The applicant shall submit, consistent with the findings of
the geotechnical report, detailed structural plans with
corresponding calculations prepared and stamped by the structural
engineer of record. When architectural plans incorporate such
structural details said plans shall be stamped and signed by the
structural engineer of record. All other architectural plans may be
prepared by an architect, designer, builder or lay person.
J. The applicant shall submit documentation of required
bonds, frozen funds or adequate instrument of credit. The
applicants shall submit a copy of the contractor's general public
liability insurance pursuant to ECDC 19.10.050.
K. The applicant shall submit declarations, disclosures,
covenants and waivers as required by ECDC 19.10.040.
19.10.040 Site posting notice, disclosures, declarations,
covenants and waivers.
A. Notices of permit submittal application with the city shall
be posted pursuant to ECDC 20.91.01013(b). Such notices shall be
{WSS664610.DOC;1/00006.900000/} -36-
conspicuously posted and maintained at each street frontage at the
applicant's expense and direction. Notice of permit issuance or
denial shall be conspicuously posted as required above. Upon each
posting a ten (10) day appeal period shall commence. Appeals
shall be heard at Snohomish County Superior Court in accordance
with the Land Use Petition Act, and no other appeal shall be
permitted.
B. At permit application submittal, the applicant shall submit a
written declaration with the permit application that includes the
statement that the accuracy of all information is warranted by the
owner /applicant in a form which relieves the city and its staff from
any liability associated with reliance on such submittals.
The declaration shall also state that the owner /applicant
understands and accepts the risk of developing in an area with
potential unstable soils and that the owner /applicant will advise in
writing any prospective purchasers of the site, or any prospective
purchasers or residential lessees of structures or portions of a
structure on the site of the slide potential of the area.
The owner applicant shall also acknowledge that he, she or they
understand and accept the need for future monitoring and
maintenance of the property as described in the final geotechnical
report when future monitoring and maintenance may affect slope
stability over time. While an application may reference the reports
of prior public consultants to the city, all conclusions shall be those
of the owner /applicant and his or her professionals.
C. The plan set submittal shall include a disclosure letter from
the geotechnical engineer and civil engineer who prepared the
geotechnical report and civil plans, stating that in his or her
judgment the plans and specifications submitted for the project
conform to the recommendations in the geotechnical report, and
that the risk of damage to the proposed development, or to adjacent
properties, from soil instability will be minimized subject to the
conditions set forth in the report; and the proposed development
will not increase the potential for soil movement.
Minimized shall mean that the applicant has utilized best available
science and commonly accepted engineering and architectural
practice to minimize, to the extent possible, the risks associated
with development of the property.
The geotechnical engineer shall review the erosion and sediment
control plan and provide a statement about the adequacy of the
plan with respect to site conditions and report findings. The
{WSS664610.DOQ1/00006.900000/) -37-
geotechnical engineer's statement shall also include an
identification of landslide hazards applicable to the site, the on -site
measures taken to correct or reduce the hazards, as applicable, and
measures taken to mitigate potential impacts from the remaining
hazards.
For sites where the hazards are not mitigated or where the risks
from deep- seated or large -scale earth movement cannot be
practically reduced by individual lot owners, the geotechnical
engineer shall prepare a statement identifying what design
measures will be taken to mitigate the risk to structures, adjacent
properties, and inhabitants in the event of deep- seated or large -
scale movement. The statement shall specify any risks from earth
movement that are not fully mitigated by design measures and
render an opinion as to whether the site will be stable within the
meaning of the ordinance following installation of all proposed
improvements. The statement will clarify to current and future
owners what measures were installed to reduce risks and what
hazards could not be addressed by individual lot development.
D. Further recommendations signed and sealed by the
geotechnical engineer shall be provided should there be additions
or exceptions to the original recommendations based on the plans,
site conditions or other supporting data. If the geotechnical
engineer who reviews the plans and specifications is not the same
engineer who prepared the geotechnical report, the new engineer
shall, in a letter to the director accompanying the plans and
specifications, express agreement or disagreement with the
recommendations in the geotechnical report and state that the
revised plans and specifications conform to the new
recommendations.
E. The plan set submittal shall include a disclosure letter or
notation on the design drawings by the structural engineer of
record stating that; he has reviewed the geotechnical report(s), that
he understands its recommendations, has explained or has had
explained to the owner /applicant, the risk of loss due to slides on
the site, and that he has incorporated into the design the
recommendations of the report and established measures to reduce
the potential risk of injury or damage that might be caused by any
risk of earth movement referenced in the report. The statement
shall note any risks, hazards, potential problems from earth
movement that are not fully mitigated by design measures.
F. The owner shall execute a covenant, (in a form provided by
the city) to be submitted with the application (with necessary fee)
to be filed with the Snohomish County Auditor. The director shall
{WSS664610.DOQ1/00006.900000/} -38-
cause such completed covenant to be so filed. A copy of the
recorded covenant shall be forwarded to the owner. This covenant
shall be a covenant running with the land, which shall at a
minimum include:
1. A legal description of the property.
2. A statement explaining that the site is in a potential earth
subsidence and landslide hazard area, that the risk associated with
the development of the site is set forth in permit file No.
with the city of Edmonds building department, that conditions or
prohibitions on development may have been imposed by the city in
the course of permit issuance, and referencing any features in the
design which will require maintenance or modification to address
anticipated soil changes. The covenant may incorporate by
reference the statements and conditions to be observed in the form
proposed by the owner /applicant's geotechnical engineer,
geologist, architect and/or structural engineer as approved after the
review set forth in ECDC 19.10.060.
3 A statement waiving and promising to indemnify and hold
harmless the city of Edmonds, its officers and employees from any
claims the owner /applicant and his/her successors or assigns may
have for any loss or damage to people or property either on or off
the site resulting from soil movement and arising from or out of the
issuances of any permit(s) authorizing development on the site, as
well as due to any act or failure to act by the indemnitor , its agents
or successors, in interest under or following issuance of the permit.
4. The date of permit issuance and permit number authorizing
the development.
19.10.050 Site bonds and contractor general public liability
insurance.
A. Site bonding requirements.
1. A surety bond, in an amount to be determined by the
director, executed by a surety company authorized to do business
in the state of Washington shall be posted by the owner /applicant
or general contractor to assure the restoration of any areas on the
site, or in the surrounding area, disturbed or damaged by slides
during construction, and to ensure completion of the work
authorized by the permit, or, if the work is not completed, to assure
that the site will be restored to a safe and stable condition at least
equal to the safety and stability of the site prior to commencement
{WSS664610.DOC;1/00006.900000/} -39-
of work under the permit. The bond will be exonerated upon
occupancy approval of the building permit by the building official.
2. In lieu of the surety bond, the owner /applicant or general
contractor may propose to file a cash deposit or an instrument of
credit with the director in an amount equal to that which would be
required in the surety bond, and similarly conditioned.
B. Public liability insurance. The general contractor of record
shall carry general public liability insurance effective through final
occupancy in the minimum amount of one million dollars, and
which shall name the city as an additional named insured, against
the injury, death, property damage and/or loss arising from or out
of the city's involvement in the permitting process for the project.
C. Homeowner insurance. The city strongly recommends that
each property owner maintain policies of liability insurance,
adequate to provide sufficient funds, to indemnify and hold
harmless third parties in the event of earth subsidence or landslides
emanating from or across the owner's property.
19.10.060 Review to determine compliance with
engineering practice and best available science.
A. The city shall require professional peer review of the plan
set submittals accompanying the permit application by a civil
engineer, geotechnical engineer, geologist, and /or structural
engineer as may be necessary and determined by the building
official or director, in order to determine whether the plan set
submittals were prepared in accordance with generally accepted
engineering practice or the practice of the particular engineering or
design specialty and are based upon best available science. The
full cost of such peer review shall be paid in full by the
owner /applicant within thirty (30) days of billing by the city.
Failure to make timely payments shall result in a stay of city plan
review services on the application.
B. This requirement may be selectively waived at the
discretion of the director provided the applicable project
geotechnical engineer, civil engineer or structural engineer
provides written concurrence, determination, details, facts and /or
data that individual site conditions warrant an exemption from
outside peer review. Once waived, the building official shall not
be required to inquire further into the adequacy of any report,
plans, or data, but rather may rely upon the submittals as warranted
by the owner /applicant as reviewed by the city's consultant.
Nothing herein shall relieve the owner /applicant of the obligation
{WSS664610.DOC;1/00006.900000/} -40-
to submit a complete application fulfilling all the requirements of
this chapter and the IRC /IBC.
C. The final recommendation of the peer review regarding
whether a submittal complies with generally accepted practice
and/or is based on best available science shall be binding upon the
building official. Such recommendation may be appealed to
Superior Court under the Land Use Petition Act.
19.10.070 Issuance and denial of permits.
A. Permit Issuance. The following requirements must be
satisfied before a permit will be issued:
1. An approved geotechnical report has been submitted and
approved.
2. Plans and specifications have been submitted incorporating
the recommendations of the geotechnical report and said plans
have been approved.
3. The required declarations, disclosures, covenants and
waivers have been submitted and approved.
4. Required bonds, cash deposits and public liability insurance
have been posted with the city.
5. When peer review has been required, all submittals have
been determined to have been prepared in accordance with
generally accepted engineering practice.
6. Peer review concurrence for permit issuance has been
received by the building official.
7. All other provisions of ECDC Titles 16, 18 & 20 have been
reviewed and approved by the appropriate city official.
B. Permit denial. The following criteria shall result in the
denial of issuance of permit:
1. Building, grading and excavation permits for construction
on land which the director finds to be unsuitable for improvement
due to excessively steep slopes, unsatisfactory foundation support,
instability or unsuitable topography, or
2. The resulting development would increase the potential of
soil movement resulting in an unacceptable risk of damage to
{WSS664610.DOC;1/00006.900000/} -41-
adjacent properties or an unreasonable risk of damage to the
proposed development, or
3. Excessive flooding, seepage, high water table, or
inadequate drainage, or
4. If the bluff retreat rate analysis shows that the rate retreat of
the bluff is such that any structure or improvement would be
unreasonably endangered or reasonably could be anticipated to be
endangered by landslide or earth subsidence during its normal
useful life, the application shall be denied. A structure is defined
as:
a. A building intended for human habitation,
b. A building, structure or other improvement, whose
stress or weight, collapse or movement would endanger public
safety in the event of slope failure and,
C. Any improvement on the site which is necessary to
mitigate danger to public safety or provide stability, or
5. Other hazardous conditions posing an unreasonable risk to
public health, safety, or welfare, or
6. Where the noted site dangers or geologic hazards are not
minimized to the extent possible by the use of best available
science and generally accepted engineering and architectural
practice, or
7. If the applicant's geotechnical engineer determines that
there is a greater chance than thirty (30) percent in a 25 year period
that landslide damage on site will occur.
C. In making a determination of permit denial, the director
shall consider not only the land which is the subject of the
application, but in addition, the surrounding area which would be
adversely affected if the permit were granted. Permit denial shall
be made in writing to the owner /applicant when the site cannot be
rendered stable as defined in ECDC 19.10.020(0). This decision
and other preliminary determinations as referenced herein shall be
appealable to Snohomish County Superior Court in accordance
with the Land Use Petition Act. No other appeal shall be
permitted. The appeal period shall commence upon the date of
mailing of any preliminary or final decision, or upon posting, if
posting is the only notice a party with standing receives under the
terms of this chapter.
{WSS664610.DOC;1/00006.900000/} -42-
D. Prohibitions. Because of the relationship of groundwater to
stability, the discharge of collected surface water or storm water to
the ground surface or subsurface is prohibited on sites within the
earth subsidence and landslide hazard area. In addition, the
following construction, buildings, or improvements are hereby
prohibited within the earth subsidence and landslide hazard area:
1. Swimming pools or hot tubs.
2. Ponds or other artificial impoundments of water.
3. Watering or irrigation systems.
4. Temporary or permanent stockpile of fill on top or bottom
of slopes.
5. Rockeries.
E. Waiver. The prohibitions established in paragraph D above
shall apply unless the property owner requests a waiver based upon
the written analysis of a geotechnical engineer which clearly
establishes that the proposed improvement will have no reasonable
likelihood of triggering or otherwise contributing to any landslide
hazard or earth subsidence risk either on the site or in the
neighboring earth subsidence or landslide hazard area.
In any review or appeal of the director's or building official's
denial of a waiver to construct an otherwise prohibited
improvement, the burden of proof shall always be upon the
applicant to establish by a clear preponderance of the evidence,
that no such risk will be created by the improvement. Any
geotechnical engineering report provided in any review shall
consider not only the risk incurred due to or during construction of
the otherwise prohibited improvement, but also the potential
impacts due to failure to maintain the improvement, damage
through reasonably foreseeable events such as earthquakes or other
acts of God, or the reasonably foreseeable negligence of the owner
or future owners. The director may utilize peer review consultants.
19.10.080 Site access, professional/special inspection
monitoring during construction and final
geotechnical report.
A. Site clearing and grading. The owner /applicant or
contractor shall secure the building official's approval before
entering an earth subsidence and landslide hazard area site with
excavating or other grading and clearing equipment to clear,
(WSS664610.DOC;1/00006.900000/) -43-
remove trees or grade for any purpose including the creation of
access to the site.
The building official may condition such access approval if site
conditions are warranted and when discretionary approval permits
are required. As part of the approval process the building official
may impose conditions that address site work issues; such
measures could include but are not limited to limiting all
excavation and drainage installation to the dryer season between
May and the end of September, or sequencing activities such as the
installation of drainage systems well in advance of construction.
Requests for early site access in advance of building permit
approval or in the time period between October 1st and April 30th
for any purpose shall be submitted to the building official
accompanied by written concurrence of the owner /applicant's
geotechnical engineer of record.
The building official may utilize peer review consultants to
determine whether the request is based on generally accepted
engineering practice and is reasonable with regard to time -frame to
complete the work, types of equipment proposed to perform the
work, length of exposure of slopes, and adequacy of site
monitoring and temporary erosion control measures. When such
peer review is utilized the applicant is responsible for the peer
review fee.
B. Reporting authority. The owner /applicant shall retain a
geotechnical engineer to monitor the site during construction. The
owner /applicant shall preferably retain the geotechnical engineer
who prepared the final geotechnical report in the plan set submittal
and who has reviewed the approved plans and specifications.
If a different geotechnical engineering consultant is retained by the
owner /applicant, the new geotechnical engineer shall submit a
letter to the director stating that he or she has read all reports and
recommendations and reviews to date and state whether or not he
or she agrees with the opinions and recommendations of the
original geotechnical report and peer review comments. Further
recommendations, signed and sealed by the new geotechnical
engineer, and supporting data, shall be provided should there be
exceptions or changes to the original recommendations that would
effect the approved plans.
C. Construction monitoring, special inspections.
{WSS664610.DOC;1/00006.900000/} -44-
1. Inspection requirements. During the period from October
I" to April 30th, when on site, the owner /applicant or designated
erosion sedimentation control (ESC) site supervisor shall perform
erosion and sedimentation control inspections. Records of
installed ESC facilities shall be maintained by the erosion and
sedimentation control supervisor and copies of all ESC records
shall be provided to City inspectors upon request.
ESC facilities on inactive sites (sites where no work will be
performed for more than three (3) consecutive days) shall be
inspected weekly by the erosion and sedimentation control
supervisor. During all other times of the year, weekly inspections
by the ESC site supervisor are required and shall be recorded.
2. Weekly field reports. The geotechnical engineer shall
monitor, during construction, compliance with the
recommendations in the geotechnical report including; site
excavation, shoring, temporary erosion control, soil support for
foundation, piles, sub drainage installation, soil compaction and
other geotechnical aspects of the construction. Unless otherwise
approved by the director, the specific recommendations contained
in the geotechnical report shall be implemented by the
owner /applicant. Omissions or deviations from the approved
geotechnical report and civil plans shall be highlighted to the city
in a separate report. All reports shall be submitted to the city on a
weekly basis for review. Failure to submit required reports may
result in the issuance of a stop work order.
3. Storm events. During all work periods, special inspections
shall be performed after storm events as defined in ECDC
19.10.020(Q). The storm event report shall be provided within one
week of the event.
Final construction report. The geotechnical engineer of record
shall prepare a final written report to be submitted to the building
official, stating that based upon his or her professional opinion, site
observations and final site grading that the completed development
substantially complies with the recommendations of the
geotechnical report and with all geotechnical related permit
requirements as shown on the approved plans.
Substantially complies means that the completed development
offers at least the level of stability and safety, on and off site, as
was afforded by the original recommendations and report.
Recommendations to the owner /applicant shall be included in the
report for future monitoring and maintenance of the property
including drainage, tightlines, catch basins, berms, retaining wall
{WSS664610.DOC;1 /00006.900000/} -45-
drainage, hazard mitigation improvements, slopes, bluffs,
vegetation, and permanent erosion control that effect slope stability
over time. Occupancy of the residence shall not be granted until
the report has been reviewed and accepted by the building official.
Chapter 19.15
MECHANICAL CODE 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 19.27.190 and 19.27.020,
the 2006 Edition of the International Mechanical Code (IMC) as
well as the 2006 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 Chapter 51 -52 WAC, are
adopted by reference as if fully set forth as the mechanical code
and fuel gas code of the city of Edmonds.
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
{WSS664610.DOC;1/00006.900000/} -46-
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.
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.
{WSS664610.DOC;1/00006.900000/} -47-
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 19.27.190 and 19.27.020,
the Uniform Plumbing Code (UPC), 2006 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 Chapter 51 -56 and 51 -57 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 Gas Code as described in Chapter 19.15 ECDC,
and the amendments contained herein. The 2006 Edition of the
Uniform Plumbing Code Standards is also adopted by reference as
if fully set forth, pursuant to Chapter 51 -57 WAC.
19.20.005 Section amendments.
A. Chapter 1 Administration.
1. Section 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.
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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.
a. 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 Il Building sewers. Deleted.
a. Section 713.0 Sewer required. Deleted. Building
sewers located more than two feet from the exterior wall of the
building to the property line are regulated by the city public works
director.
2. Section 714.0 Damage to public sewer or private sewage
disposal system. Deleted.
3. Section 715.0 Building sewer materials. Deleted.
4. Section 716.0 Markings. Deleted.
5. Section 717.0 Size of building sewers. Deleted.
6. Section 718.0 Grade, support and protection of building
sewers. Deleted.
7. Section 719.0 Cleanouts. Deleted.
8. Section 720.0 Sewer and water pipes. Deleted.
9. Section 721.0 Location. Deleted.
10. Section 722.0 Abandoned sewers and sewage disposal
facilities. Deleted.
11. Section 723.0 Building sewer test. Deleted.
12. Table 7 -7 Minimum horizontal distance required from
building sewer. Deleted.
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13. 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 ECC Chapter
7.90.
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 Chapter 19.15
ECDC.
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
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.
(WSS664610.DOC;1/00006.900000/) -50-
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 mains and hydrants.
19.25.030
Charges for fire review and inspection.
19.25.035
Fire extinguishers and systems service.
19.25.040
Automatic sprinkler systems.
19.25.045
Modifications, interpretations, and appeals.
19.25.050
Fire protection water supplies.
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 specifications.
19.25.075
Penalties.
19.25.000 Adoption of life safety and maintenance codes.
Under the statutory authority of RCW 19.27.031 and 19.27.074,
the 2006 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:
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
{WSS664610.DOC;1/00006.900000/} - 51 -
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 and this chapter. 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.
2. Section 904.11.7 Existing commercial cooking systems.
Existing fire suppression systems for commercial cooking 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.
{WSS664610.DOC;1/00006.900000/} -52-
1. Section 3301.1.3, Fireworks. Exceptions No. 3 and No. 4
replaced by Chapter 5.27 ECC.
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 and who 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.
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
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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. Roof -top 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 inches and the size that is required to be installed only
when the existing system is a looped system.
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.
{WSS664610.DOC;1/00006.900000/} -54-
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
Chapter 35.91 RCW.
19.25.030 Charges for fire review and inspection.
A. Certain licenses and permits issued by the city include a
fire department 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
include, but are not limited to, public amusements licenses issued
pursuant to Chapter 4.32 ECC, cabaret dances licenses issued
pursuant to Chapter 4.48 ECC, adult entertainment facilities
licenses issued pursuant to Chapter 4.52 ECC, and aircraft landing
licenses issued pursuant to Chapter 4.80 ECC.
C. No charge shall be levied against any department or agency
of the city of Edmonds operating within the city's general fund.
{WSS664610.DOC;1/00006.900000/} -55-
19.25.035 Fire extinguishers and systems service.
A. A service permit or a current license /certification by an
approved testing authority shall be required for the testing and
maintenance 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. Service 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 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 service 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 or more attached dwelling units.
{WSS664610.DOC;1 /00006.900000/} -56-
Residential or quick response standard sprinkler heads shall be
used in accordance with their approved listing in the dwelling.
19.25.045 Modifications, interpretations and appeals.
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. Fire department modifications and code interpretations
shall be maintained in writing so as to aid in conformance and
uniform application to the intent of ruling fire and life safety
related codes, ordinances, and standards.
C. 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 Fire protection water supplies.
All fire hydrants, water main and appurtenance installations 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.
{WSS664610.DOC;1/00006.900000/) -57-
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.
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 -flow calculation area greater than 4,800 square feet 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 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, 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 -inch looped water mains. All hydrants in areas
other than single - family residential shall be supplied by not less
than eight -inch looped water mains. Dead -end water mains to
hydrants shall be at least eight inches in diameter, with the
exception of mains up to 50 feet long which may be no less than
six inches in diameter.
B. The service line from the water main to the hydrant shall be
no less than six inches in diameter. Any service lines over 50 feet
{WSS664610.DOC;1/00006.900000/} -58-
in length from water main to hydrant shall be no less than eight
inches in diameter.
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 two - and - one - half -inch hose
outlets and one four -and- one - half -inch pumper outlet. All outlets'
ports shall have national standard thread. Additionally, the pumper
outlet shall be provided with a four -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 18 inches above
the adjacent finished grade and at least 36 inches of clear area
around the hydrant for clearance of hydrant wrench on both outlets
and on the control valve. The pumper port shall face the street, as
determined by the fire marshal.
E. Where reasonably necessary to protect a hydrant from
damage, the fire marshal may require hydrants to be protected by
two or more posts, eight inches in diameter by five feet long, made
either of reinforced concrete or steel.
{WSS664610.DOC;1/00006.900000/} -59-
F. If there presently exist fire hydrants which do not conform
to these requirements, they shall be replaced with conforming
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 50 feet along the immediate route of
approach. The owner- occupant of any area in which a hydrant is
located shall be responsible for removing weed and tree growth
from around the hydrant for a distance of not less than five feet.
The purpose of this section is to maintain clear approach and visual
area around the hydrant.
H. 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
{WSS664610.DOC;1/00006.900000/} -60-
shall not be held to prevent the enforced removal of prohibited
conditions.
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 19.27A.022, 19.27A.025
and 19.27A.045, the Washington State Energy Code, 2006 Edition,
is hereby adopted by reference as if fully set forth as the energy
code of the city of Edmonds, pursuant to RCW 19.27 and RCW
34.05 together with state amendments set forth in Chapter 51 -11
WAC.
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 19.27.020 and 19.27.190,
the 2006 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 Chapter 51 -13 WAC.
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, Chapter
19.27 RCW, and Chapters 51 -50, 51 -52, 51 -54 and 51 -56 WAC.
In case of conflicts between the IBC, UPC, IMC and IFC as
adopted and amended in Chapters 51 -50, 51 -52, 51 -54 and 51 -56
WAC, the provisions of Chapter 51 -13 WAC shall govern. This
code is not intended to abridge any safety or health requirements
under any other applicable codes or ordinances.
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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 BUILDINGS CODE
Sections:
19.40.000 Dangerous buildings code adopted.
19.40.005 Purpose and code conflicts.
19.40.010 Section amendments.
19.40.000 Dangerous buildings 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.
{WSS664610.DOC;1/00006.900000/1 -62-
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 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
Code conflict or, if there is a conflict between the building code,
dangerous buildings code, plumbing code, mechanical code or
housing code, then the conditions, requirements, provisions or
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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 19.27.074,
and WSR 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 Chapter 51 -19 WAC, 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, Uniform Code for the Abatement of Dangerous Buildings,
International Fuel Gas Code, Uniform Plumbing Code,
International Mechanical Code or Uniform Housing Code, then the
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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
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 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.
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19.55.005 When code effective.
If the state of Washington, through its duly designated electrical
inspector or inspectors, for any reason fails to continue to inspect
electrical installation, license the same or provide the standards,
the provisions of the Edmonds electrical code 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
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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.
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.
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D. The moving contractor shall be state licensed and carry
general public liability insurance for the amount no less than
$1,000,000, 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.
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 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.
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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
40 pounds per square foot minimum.
B. Roofs. The roof structures shall have a design live load of
at least 25 pounds per square foot minimum.
C. Ramps. The ramps to floats shall have a design live load of
at least 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.
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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 of piling but allowed to move vertically, and may have
finger floats connected at intervals.
B. Length of Roofs. The maximum length of any roof over
floats shall be 400 feet, measured along a main float. At least 75
percent of the exterior walls shall be open. The maximum area
covered shall be 30,000 square feet over any single main float area.
C. Separation. The minimum separation of covered moorage
shall be 20 feet.
D. Floats, piers, and walkways shall provide an aisle not less
than 44 inches in width.
19.65.025 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 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.
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7. All portions of a fuel float shall be located within 300 feet
of a fire hydrant.
8. Moorage at any fuel float shall be prohibited and unlawful
except during the shortest time necessary to take on fuel. Moorage
shall be unlawful at any fuel float at any time the fuel pumps are
not open for business and physically attended by the fuel pump
proprietor, his agent, employee, or port tenant trained to a fire
department approved environmental and safety standard. 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" 2006 Edition of the National
Fire Protection Association Publication No. 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 event 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.
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
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Chapter 19.70
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
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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
shall be paid as required, in accordance with this chapter and
ECDC 15.00.020. Fee schedules are on file in the city clerk's
office.
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 19.70.015.
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
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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.
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.
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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 street name /number designations are the responsibility of
the city engineer.
B. Pursuant to ECDC 18.50.030, 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 (USPS), 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 subsection (C)(1) of this
section, 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.
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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
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 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.
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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.
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 Chapter 5.50 ECC 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
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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 Uniform Code for the Abatement of
Dangerous Buildings, 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.
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 10 days of the 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 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 voting members and four
alternates appointed by the mayor. The board shall be comprised of
persons with the following backgrounds or professional
designations:
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I . 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.
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' experience.
8. Position Nine. Citizen member of the city of Edmonds
who is not associated with the building industry.
9. Alternates. Four 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.
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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.
19.80.015 Board of appeals procedures.
A. Terms. As of the effective date of the ordinance codified in
this title, 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, two technical members shall be appointed to three -year
terms, and 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 consecutive full
terms, or a total of more than nine 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 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 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 15 days after the required hearing notifications are
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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 refusal to appear in response to a subpoena issued by the
board shall constitute a violation of these adopted codes and be
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 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.
19.80.020 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:
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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.
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
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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
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 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 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
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methods for the proposed alternate, testing methods shall utilize
generally accepted engineering practice and best scientific method.
Reports 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 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.
Chapter 19.85
PENALTIES
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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
or group of persons who will or would be especially protected or
benefited by the adoption of any code in this title.
{WSS664610.DOC;1/00006.900000/1 -84-
Chapter 19.95
CONVERSION CONDOMINIUMS
Sections:
19.95.010
Definitions.
19.95.020
Relocation assistance.
19.95.030
Violations.
19.95.040
Civil penalty.
19.95.050
Enforcement.
19.95.010 Definitions.
The following words and phrases used in this chapter shall have
the meaning set forth in this section:
A. "Condominium" means real property, portions of which are
designated for separate ownership and the remainder of which is
designated for common ownership solely by the owners of those
portions. Real property is not a condominium unless the undivided
interests in the common elements are vested in the unit owners,
and unless a declaration and a survey map and plans have been
recorded pursuant to this chapter.
B. "Conversion condominium" means a condominium (1) that
at any time before creation of the condominium was lawfully
occupied wholly or partially by a tenant or subtenant for residential
purposes pursuant to a rental agreement, oral or written, express or
implied, for which the tenant or subtenant had not received the
notice described in subsection (2) of this definition; or (2) that, at
any time within 12 months before the conveyance of, or
acceptance of an agreement to convey, any unit therein other than
to a declarant or any affiliate of a declarant, was lawfully occupied
wholly or partially by a residential tenant of a declarant or an
affiliate of a declarant and such tenant was not notified in writing,
prior to lawfully occupying a unit or executing a rental agreement,
whichever event first occurs, that the unit was part of a
condominium and subject to sale. "Conversion condominium"
shall not include a condominium in which, before the effective
date of the ordinance codified herein, any unit therein had been
conveyed or been made subject to an agreement to convey to any
transferee other than a declarant or an affiliate of a declarant.
C. "Declarant" means any person who:
1. Executes as declarant the document, however denominated,
that creates a condominium by setting forth the information
IWSS664610.DOC;1 /00006.900000/} -85 -
required by RCW 64.34.216 and any amendments to that
document; or
2. Reserves any special declarant right in the declaration; or
3. Exercises special declarant rights or to whom special
declarant rights are transferred; or
4. Is the owner of a fee interest in the real property which is
subjected to the declaration at the time of the recording of an
instrument pursuant to RCW 64.34.316 and who directly or
through one or more affiliates is materially involved in the
construction, marketing, or sale of units in the condominium
created by the recording of the instrument; or
5. Undertakes to convert, sell, or offer for sale units in a
conversion condominium.
D. "Director" means the development services director or his
designee.
E. "Notice of conversion" means the 90 -day notice pursuant to
RCW 64.34.440(1) required to be given by the declarant or his
agent to residential tenants and subtenants in possession of a
portion of a conversion condominium.
F. "Person" means a natural person, corporation, partnership,
limited partnership, trust, association, or other legal entity.
G. "Tenant' or "subtenant" means any person who occupies
and has a leasehold interest in a rental unit under a lawful rental
agreement, whether oral or written, express or implied.
H. "Unit' means a physical portion of the condominium
designed for separate ownership, the boundaries of which are
described pursuant to RCW 64.34.216(1)(d).
19.95.020 Relocation assistance.
A. Declarant shall pay relocation assistance of $500.00 per
unit to tenants and subtenants who elect not to purchase a unit and
who are in lawful occupancy for residential purposes of a unit, and
whose monthly household income from all sources, on the date of
the notice of conversion, was less than an amount equal to 80
percent of the monthly median income for comparably sized
households in the Seattle - Everett Standard Metropolitan Statistical
Area, as defined and established by the United States Department
of Housing and Urban Development.
{WSS664610.DOC;1/00006.900000/} -86-
B. The household size of a unit shall be based on the number
of natural persons actually in lawful occupancy of the unit on the
date of the notice of conversion.
C. The tenant or subtenant actually in lawful occupancy of the
unit shall be entitled to the relocation assistance.
D. Relocation assistance shall be paid on or before the date the
tenant or subtenant vacates and shall be in addition to any damage
deposit or other compensation or refund to which the tenant is
otherwise entitled. Unpaid rent or other amounts owed by the
tenant or subtenant to the landlord may be offset against the
relocation assistance.
E. Rights of tenants and subtenants set forth in the notice of
conversion pursuant to RCW 64.34.440(1) must set forth tenants'
and subtenants' right to relocation assistance as provided in this
section.
19.95.030 Violations.
It shall be a violation of this chapter for a declarant to fail or refuse
to comply with the provisions of this chapter. Each tenant and
subtenant who is subjected to a violation of the provisions of this
chapter shall constitute a separate violation. Each day of violation
shall constitute a separate violation.
19.95.040 Civil penalty.
Any person who fails or refuses to comply with the provisions or
requirements of this chapter shall be subject to a civil penalty in
the amount of $100.00 per violation per day from the date that the
violation is first committed until the declarant complies with the
requirements of this chapter.
19.95.050 Enforcement.
A. Tenants and subtenants subjected to violations of the
provisions of this chapter, or their agents, may file a complaint
with the director. The director is authorized and directed to receive
complaints and conduct such investigations as are deemed
necessary such as contacting declarants and seeking explanation
for apparent violations.
B. Whenever it is determined that there has been a violation of
this chapter, the director is authorized to pursue, at the director's
discretion, enforcement of the code pursuant to provisions Chapter
20.110 ECDC.
{WSS664610.DOC;1/00006.900000/} -87-
Section 2. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Section 3. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROVED:
MAYOR GT HAAKENSON
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF nCIXY ATTORNEY:
BY
?T—
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 06/15/2007
PASSED BY THE CITY COUNCIL: 06/19/2007
PUBLISHED: 06/26/2007
EFFECTIVE DATE: 07/01/2007
ORDINANCE NO. 3651
{WSS664610.DOC;1/00006.900000/} -88-
SUMMARY OF ORDINANCE NO. 3651
of the City of Edmonds, Washington
On the 19th day of June, 2007, the City Council of the City of Edmonds, passed
Ordinance No. 3651. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
EDMONDS COMMUNITY DEVELOPMENT CODE, TITLE 19, TO ADOPT THE 2006
INTERNATIONAL BUILDING CODE, 2006 INTERNATIONAL RESIDENTIAL CODE,
2006 INTERNATIONAL FIRE CODE, 2006 INTERNATIONAL MECHANICAL CODE, 2006
UNIFORM PLUMBING CODE, 2006 ENERGY CODE AND THE 2006 STATE
VENTILATION INDOOR QUALITY CODE, ALONG WITH CERTAIN AMENDMENTS TO
EXISTING CITY CODES IN SAID TITLE IN ORDER TO CORRECT SCRIVENER'S
ERRORS, GRAMMATICAL CHANGES, CROSS REFERENCE CHANGES AND
PROVIDING WORDING CLARIFICATIONS, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 20th day of June, 2007.
C TY CLERK, SANDRA S. CHASE
{WSS664610.DOC;1/00006.900000/} -89-
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH 3
SUMMARY OF ORDINANCE NO. 3651
i o t e ity of mon s, Washington
i On the 19th day of June, 2007, the City Council of the City
Of Edmonds, Passed Ordinance No. 3651. A summary of the
content of said ordinance, consisting of the title, provides as
follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING-1
`TON, AMENDING THE EDMONDS COMMUNITY DEVEL-
OPMENT CODE, TITLE 19, TO ADOPT THE 2006 INTER-
NATIONAL BUILDING CODE, 2006 INTERNATIONAL RE -J
SIDENTIAL CODE, 2006 INTERNATIONAL FIRE CODE,'
2006 INTERNATIONAL MECHANICAL CODE, 2006 UNI-
FORM PLUMBING CODE, 2006 ENERGY CODE AND THE
2006 STATE VENTILATION INDOOR QUALITY CODE,
!ALONG WITH CERTAIN AMENDMENTS TO EXISTING
CITY CODES IN SAID TITLE IN ORDER TO CORRECT"
SCRIVENER'S ERRORS, GRAMMATICAL CHANGES,
CROSS REFERENCE CHANGES AND PROVIDINGi
WORDING CLARIFICATIONS, AND FIXING A TIME WHEN
THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 20th day of June, 2007.
CITY CLERK, SANDRA S. CHASE „I
Published: June 26, 2007.
S.S.
The undersigned, being first duly swom 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
Summary of Ordinance No. 3651
City of Edmonds
a printed copy of which is hereunto attached, was published in said newspaper proper and not
in supplement form, in the regular and entire edition of said paper on the following days and
times, namely:
June 26, 2007
and that said newspaper was regularly distributed to its subscribers during all of said period.
// /(— Principal Clerk
1ECEIVEDSubscribed and sworn to before me this 26th
day of June, 2007 �v' SOON EXp /9�
IJUL 0.5 2007
EDMONDS CITY CM County. Public i nd for he State of Washington, residing at E tt, nohooJrn” -20 ��
County. 0
`STgTE OF
Account Name: City of Edmonds Account Number. 101416 Order Number: 0001515625