Ordinance 372600006.90000
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02/12/09
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AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF THE
EDMONDS COMMUNITY DEVELOPMENT CODE, SECTION
19.00.005 SECTION AMENDMENTS IN ORDER TO PROVIDE
FOR A WAIVER OF PROGRESS INSPECTIONS AND ALLOW
RENEWAL OF PERMITS AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
WHEREAS, the existing economic conditions have delayed the start of many
building projects; and
WHEREAS, the current provisions of the building code limit the ability of the
building official to provide for extension or renewal of building permits; and
WHEREAS, the City Council believes it to be in the public interest to permit
greater certitude for a period of two (2) years; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Amendment of Section. 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.
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 19.10.010(A)(4)(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;
iii. Mechanical permits;
iv. Tank removal, tank fill, or tank placement permits;
v. Grading, excavation and fill permits;
vi. Water service line permits;
vii. Plumbing permits;
viii. Gas piping permits;
ix. Deck and dock permits;
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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. If work has not started on the project, and no
code violations exist, the applicant may make a written request to
the Building Official to waive the required progress inspection in
order to renew the permit. The written request shall provide
reasonable cause unrelated to the neglect or fault of the permittee
as to the reason work has not started on the project, and an
estimated date by which work will begin.
d. If the applicant cannot complete work issued under an
extended permit within a total period of two (2) years, the
applicant may request in writing, prior to the second year
expiration, an extension for a third and final year. Provided there
has been at least one (1) required progress inspection conducted by
the city building inspector prior to the extension, the permit shall
be extended for a third and final year. In lieu of permit fees for the
third year extension, inspection fees shall be charged for the
remaining work based on the number of required inspections
remaining for the project for all city departments.
e. The maximum amount of time any building permit may be
extended shall be a total of three (3) years. At the end of any three
(3) year period starting from the original date of permit issuance,
the permit shall become null and void and a new building permit
shall be required, with full permit fees, in order for the applicant to
complete work. The voiding of the prior permit shall negate all
previous vesting of zoning or building codes. Whenever an appeal
is filed and a necessary development approval is stayed in
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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 cover the
estimated cost of construction to city standards for the
improvements.
9. Section 107 Temporary structures and uses. Deleted.
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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.
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.
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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.
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.
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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 E107 Signage. Deleted.
2. Section E108 Bus stops. Deleted.
3. Section E110 Airports. Deleted.
4. Section E111, Referenced standards. Deleted.
E. Appendix H, Signs.
1. Section 11101.2 Signs exempt from permits. Replaced by
ECDC 19.00.010(Q).
2. Section H101.2.1 Prohibited signs.
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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 HI06.1.1 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).
[Ord. 3651 § 1, 2007].
Section 2. Expiration of Provisions. The adopted provisions shall sunset and
expire on their own terms two (2) years from effective date of this ordinance unless extended by
act of the City Council.
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.
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APPROVED:
MAY R GA HAAKENSON
ATTEST /AUTHENTICATED:
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CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF Y AT RNEY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 02/13/2009
PASSED BY THE CITY COUNCIL: 02/17/2009
PUBLISHED: 02/22/2009
EFFECTIVE DATE: 02/27/2009
ORDINANCE NO. 3726
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SUMMARY OF ORDINANCE NO. 3726
of the City of Edmonds, Washington
On the 17th day of February, 2009, the City Council of the City of Edmonds,
passed Ordinance No. 3726. 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 THE
EDMONDS COMMUNITY DEVELOPMENT CODE, SECTION
19.00.005 SECTION AMENDMENTS IN ORDER TO PROVIDE
FOR A WAIVER OF PROGRESS INSPECTIONS AND ALLOW
RENEWAL OF PERMITS AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 18th day of February, 2009.
Ad�� / e4,1a'
CITY CLERK, SANDRA S. CHASE
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Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH S.S.
The undersigned, being first duly swom on oath deposes and says that she is Principal Clerk of
EDMONDS CITY CLERK Notary Public in an a State of �kggki WIA "�ing a Evere ,Snohomish
County. �°° �. A !S 0
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Account Name: City of Edmonds Account Number. 101416 e.aumber: 0001637235
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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
�acS 189
SUMMARY OF ORDINANCE NO. 3726
o the ity o . mon s, as tngton
Summary of Ordinance No. 3726
On the 17th day of February, 2009, the City Council of the City
of Edmonds, passed Ordinance No. 3726. A summary of the
content of said ordinance, consisting of th@ title, provide's as
Amending Provisions of the Edmonds Community Development Code
follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING-
TON, AMENDING THE PROVISIONS OF THE EDMONDS
COMMUNITY DEVELOPMENT CODE, SECTION 19.00.005
SECTION AMENDMENTS IN ORDER TO PROVIDE FOR A
WAIVER OF PROGRESS INSPECTIONS.AND ALLOW RE-
NEWAL OF PERMITS AND FIXING A TIME WHEN THE
SAME SHALL BECOME EFFECTIVE.
a printed copy of which is hereunto attached, was published in said newspaper proper and not
The full text of this Ordinance will be mailed upon request.
in supplement form, in the regular and entire edition of said paper on the following days and
DATED this 18th day of February, 2009.
CITY CLERK, SANDRA S. CHASE
times, namely:
Published; February 22, 2009.
February 22, 2009
and that said newspaper was regularly distributed to its subscribers during all of said period.
Principal Clerk
REC-1E1VED
Subscribed and sworn to before me this 23rd
MAR 4 2009
day of February09
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EDMONDS CITY CLERK Notary Public in an a State of �kggki WIA "�ing a Evere ,Snohomish
County. �°° �. A !S 0
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Account Name: City of Edmonds Account Number. 101416 e.aumber: 0001637235
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