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Ordinance 36990006.9000 WSS /gjz 10/15/08 ORDINANCE NO. 3699 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PROVISIONS OF SECTION 19.00.005 SECTION AMENDMENTS RELATING TO THE AMENDMENTS TO THE STATE BUILDING CODE TO EXTEND THE LIFE OF BUILDING PERMIT APPLICATIONS FROM 180 DAYS TO 360 DAYS, AND EXTENSIONS FROM 180 DAYS TO 360 DAYS, PROVIDING FOR SUNSET AND REINSTATEMENT OF EXISTING PROVISIONS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the process of construction and application review can be expensive and time consuming, and WHEREAS, the City Council deems it to be in the public interest to permit applications to be valid for and extended for periods of 360 rather than 180 days in order to permit applicants and staff time for adequate review and supplementation of materials, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds Community Development Code Section 19.00.005 Section Amendments is hereby amended to read as follows: 19.00.005 Section amendments. The following sections of the IBC have been added, amended, deleted or replaced as follows: A. Chapter 1, Administration. {WSS708117.DOCJ /00006.900000/} - I - 1. Section 104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. The building official is also authorized to use Chapter 20.110 ECDC for code compliance in addition to the remedies provided for in this code. 2. Section 105. 1.1 Annual permit. Deleted. 3. Section 105.1.2 Annual permit records. Deleted. 4. Section 105.2 Work exempt from permit. Replaced by ECDC 19.00.010. 5. Section 105.3.2 Time limitation of permit application. a. Applications, for which no permit is issued within 360 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 360 days prior to such expiration date. C. No application shall be extended more than once for a total application life of 720 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 19.10.010(A)(4)(a). b. The following permits shall expire by limitation, 180 days after issuance and may not be extended: i. Demotion permits required by ECDC 19.00.030; ii. Permits for Moving Buildings required by Chapter 19.60 ECDC; iii. Mechanical permits; iv. Tank removal, tank fill, or tank placement permits; {WSS708117.DOC;1 /00006.900000/} - 2 - V. Grading, excavation and fill permits; vi. Water service line permits; vii. Plumbing permits; viii. Gas piping permits; ix. Deck and dock permits; X. Fence permits; xi. Re -roof permits; xii. Rockery and retaining wall permits; xiii. Swimming pool, hot tub and spa permits; xiv. Sign permits; 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, {WSS708117.DOCJ /00006.900000/} - 3 - the permit shall become null and void and a new building permit shall be required, with full permit fees, in order for the applicant to complete work. The voiding of the prior permit shall negate all previous vesting of zoning or building codes. Whenever an appeal is filed and a necessary development approval is stayed in accordance with ECDC 20.105.020(B), the time limit periods imposed under this section shall also be stayed until final decision. f. The building official may reject requests for permit extension where he determines that modifications or amendments to the applicable zoning and building codes have occurred since the original issuance of the permit and /or modifications or amendments would significantly 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. {wss708117.DOC;1/00006.900000 /) - 4 - C. With such phased approval, a performance bond shall be posted with the city pursuant to Chapter 17.10 ECDC, to cover the estimated cost of construction to city standards for the improvements. 9. Section 107 Temporary structures for 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 contracting 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. {WSS708117.DOC;1 /00006.900000/} - 5 - 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. {WSS708117.DOC;1 /00006.900000/} -6- 10. Section 3109.9Accessibility 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 3109.1 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 man building side sewer line) shall be provided for draining of treated water into the cit 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 the 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. {WSS708117.DOC;1 /00006.900000/} - 7 - 2. Section E108 Bus stops. Deleted. 3. Section E108 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(A0. 2. Section H101.2.1 Prohibited signs. a. It is unlawful for any person to advertise or display any visually communicated message, by letter or pictorially, of any kind on any seating bench, or in direct connection with any bench. b. All signs not expressly permitted by Chapter 20.60 ECDC. C. Signs which the city engineer determines to be a hazard to vehicle or pedestrian traffic because they resemble or 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 20.50.090. 3. Section H104 Identification. Deleted. 4. Section H106.1.1 Internally illuminated signs. Deleted. 5. Section H107 Combustible materials. Deleted. 6. Section H108 Animated devices. Deleted. 7. Section H109.1 Height restrictions. Deleted. 8. Section H110 Roof signs. Deleted. F. Appendix J, Grading. 1. Section J103.2 Exemptions. Replaced by 19.00.010(M). {WSS708117.DOC;1 /00006.900000/} - 8 - Section 2. Sunset Date. Section 1 of this ordinance amends limited provisions of ECDC Section 19.00.005 contained in Subsection A(5). The changes to A(5) shall automatically expire and be at an end two years from the effective date of this ordinance. Upon this expiration date, the existing provisions of Section A(5) shall revive, to -wit: A. Chapter 1, Administration. 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 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. Upon reinstatement of the prior provisions, all permits and extensions issued under subsection 5(A) prior to the Sunset Date shall remain valid for 360 days, but extensions which are approved or processed following the Sunset Date shall be governed by the newly reinstated provisions. For example, an application which vested under the 360 -day provision of Section 5(A) but which was extended under the revived revisions shall be limited to 540 days in total application life. All applications pending at the effective date of this ordinance shall be governed by its provisions as if vested by complete application after its effective date. {WSS708117.DOC;1 /00006.900000/} - 9 - 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. OR GARY HAAKENSON ATTEST /AUTHENTICATED: &4,4e, ITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CI Y ATTORNEY: BY ) S�— W. SCOTT SNYDER FILED WITH THE CITY CLERK: 10/24/2008 PASSED BY THE CITY COUNCIL: 10/28/2008 PUBLISHED: 11/02/2008 EFFECTIVE DATE: 11/07/2008 ORDINANCE NO. 3699 {WSS708117.DOC;1 /00006.900000/} -10- SUMMARY OF ORDINANCE NO. 3699 of the City of Edmonds, Washington On the 28th day of October, 2008, the City Council of the City of Edmonds, passed Ordinance No. 3699. 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 PROVISIONS OF SECTION 19.00.005 SECTION AMENDMENTS RELATING TO THE AMENDMENTS TO THE STATE BUILDING CODE TO EXTEND THE LIFE OF BUILDING PERMIT APPLICATIONS FROM 180 DAYS TO 360 DAYS, AND EXTENSIONS FROM 180 DAYS TO 360 DAYS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this 29th day of October, 2008. Ag CITY CLERK, SANDRA S. CHASE {WSS708117.DOC;1 /00006.900000/ } - 11 -