Ordinance 37960006.90000
WSS /gjz
5/11/10
R:5/27/l Ogjz
ORDINANCE NO. 3796
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, REPEALING AND ENACTING THE
PROVISIONS OF AND ENACTMENT OF CHAPTERS 19.00
BUILDING CODE; 19.05 RESIDENTIAL BUILDING CODE;
19.05 MECHANICAL CODE AND FUEL GAS CODE; 19.20
PLUMBING CODE; 19.30 ENERGY CODE; 19.40
INTERNATIONAL PROPERTY MAINTENANCE CODE;
CHAPTER 19.50 INTERNATIONAL EXISTING BUILDING
CODE; CHAPTER 19.55 ELECTRICAL CODE; REPEALING
CHAPTER 19.35 VENTILATION CODE RCW TO ADOPT
NEW PROVISIONS OF THE STATE BUILDING CODE AND
REVISIONS THERETO, AND TO RESTRUCTURE TITLE 19,
AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, Chapter 19.27 establishes the State Building code and requires each
jurisdiction to enforce the provisions of the State Building code, and
WHEREAS, pursuant to Chapter 19.27.060, the City has the ability to amend
administrative provisions of the State Code, 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
amended by the repeal of Chapter 19.00 and the adoption of a new Chapter 19.00 relating to
Building Code, to read as follows:
Chapter 19.00
BUILDING CODE
Sections:
19.00.000 Purpose.
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19.00.005
Referenced codes
19.00.010
Conflict between codes
19.00.015
Administrative provisions
19.00.020
International Building code adopted
19.00.025
International Building code section
amendments
19.00.030
Architectural design review — Optional vesting.
19.00.040
Excluding nonconforming religious building
from certain requirements.
19.00.000 Purpose
The purpose of the codes and regulations adopted in this title is to
provide minimum standards to safeguard life, health, property and
public welfare by regulating and controlling the design,
construction, quality of materials, use and occupancy, location and
maintenance of all buildings and structures within the City of
Edmonds. It is not the purpose or intent to create or designate any
particular class or group of persons to be especially protected or
benefited, nor is it intended to create any special relationship with
any individual
19.00.005 Referenced codes
Where the following codes are referenced within any of the codes
adopted and amended in this title, they shall be substituted as
follows:
A. International Building Code" shall mean the Building Code
as adopted and amended in this title.
B. "International Residential Code" shall mean the Residential
Building Code as adopted and amended in this title.
C. "International Mechanical Code" shall mean the
Mechanical Code as adopted and amended in this title.
D. "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 this title.
E. "International Fire Code" shall mean the Fire Code as
adopted and amended in this title.
F. "Uniform Plumbing Code" shall mean the Plumbing Code
as adopted and amended in this title.
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G. "Washington State Energy Code" shall mean the Energy
Code as adopted and amended in this title.
H. The "National Electrical Code" shall mean the Electrical
Code as adopted and amended in this title.
I. "International Existing building code" shall mean the
existing Building Code as adopted and amended in this title.
J. International Property Maintenance Code shall mean the
property maintenance code as adopted and amended in this title.
K. International Code Council Performance Code shall mean the performance
code as adopted and amended in this title.
19.00.010 Conflict between Codes
In case of conflict among any of the codes referenced in 19.00.005
and subsequently adopted by this chapter, the first named code
shall govern over those following. In case of conflicts between
other codes and provisions adopted by this chapter, the code or
provision that is most specific, as determined by the building
official, shall apply.
19.00.015 Administrative provisions
The administrative provisions contained in Chapter 1 of the
International Building code as adopted and subsequently amended
by this chapter shall be used as the general administrative
provisions for the codes listed in 19.00.000 under A, B, C, D and
F, unless otherwise indicated.
19.00.020 International Building code adopted.
The International Building Code (IBC), 2009 Edition, published by
the International Code Council, as amended by the Washington
State Building code Council in Chapter 51 -50 WAC, and as
subsequently amended by this chapter, is hereby adopted along
with Appendix Chapters E, G, H, I and J.
19.00.025 International Building Code section amendments
The following section of the IBC are hereby amended as follows:
A. Section 104.3 Notices and Orders, is amended to read: The
building official shall issue all necessary notices or orders to
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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.
B. Section 105. 1.1 Annual Permit is deleted.
C. Section 105. 1.1 Demolition Permits, is added and shall
read;
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 established
pursuant to Chapter 19.70 ECDC. The applicant shall also post
with the city, prior to permit issuance, a performance bond, or
frozen fund, conforming to Chapter 17.10 ECDC herein, in an
amount to be determined by the building official to satisfy all city
requirements no later than 180 days after the issuance of the
permit. The demolition performance bond or frozen fund shall not
be released until the building official determines the following
requirements have been completed:
1 Cap Abandoned Sanitary Sewers. Septic tanks shall
be pumped, collapsed and removed and /or filled with earth,
sand, concrete, CDF or hard slurry.
2 Knock Down of Concrete Foundation Walls,
Porches, Chimneys and Similar Structures. Concrete,
bricks, cobbles and boulders shall be broken to less than
12 -inch diameter. Debris left on site shall conform to IBC
Section 1804.2 for clean fill.
3 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 or
maintained on street right -of -way (including alleys) without
a permit issued pursuant to Chapter 18.60 or 18.70 of the
Edmonds Community Development Code.
4 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, in accordance with this code
and the City's engineering requirements.
5 Grading of Site Back to Original Topography
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Grades. Basements shall be filled and compacted to 90
percent as verified by a 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 shall be
clean and free draining, placed above unyielding native site
soils and compacted to a minimum of 90 percent modified
proctor, per ASTM D1557.
6 Temporary erosion control shall be installed and
maintained per Chapter 18.30 ECDC.
D. Section 105.1.2 Annual permit records, is deleted.
E. Section 105.2 Work exempt from permit, is replaced 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. 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 required by
the provisions of ECDC Title 23 or limited or prohibited by the
provisions of Chapter 19.10 ECDC:
1. Building_(general):
(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 4 feet (1,219 mm) 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:
I Supporting a surcharge; or
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II Impounding Class I, 1I, III -A liquids; or
III 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. .
(h) Painting, papering, tiling, carpeting, cabinets, countertops
and similar finish work.
(i) Temporary motion picture, television and theater stage sets
and scenery
0) 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.
(1) 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
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shall comply with Chapter 20.60 ECDC:
I. Replacing the panel on a previously permitted
existing wall cabinet or pole sign,
II. Repainting an existing previously permitted wood
sign,
III. Painted or vinyl lettering on storefront windows,
IV. Governmental signs, campaign signs, official public
notices, and signs required by provision of local, state, or
federal law,
V. Temporary signs announcing the sale or rent of
property and other temporary signs as described in ECDC
20.60.080,
VI. Signs erected by the transportation authorities, and
temporary seasonal and holiday displays.
(r). Television antennas less than thirty -nine (39) inches in
diameter.
2. Mechanical:
(a) Portable heating, ventilation, cooling, cooking or clothes
drying appliances
(b) Replacement of any minor part that does not alter approval
of equipment or make such equipment unsafe.
(c) Portable fuel cell appliances that are not connected to a
fixed piping system and are not interconnected to a power grid.
(d) Steam, hot or chilled water piping within any heating or
cooling equipment regulated by this code.
(d) Portable evaporative cooler
(f) Self- contained refrigeration systems containing ten(10)
pounds or less of refrigerant or that are actuated by motor of one
(1) horsepower or less.
3. Plumbina:
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(a) The stopping of leaks in drains, water, soil, waste or vent
pipe, provided that the replacement of defective material shall be
done with new material and a permit obtained and inspection
made.
4. Residential permit exemptions:
In addition the following exemptions apply for single family
dwellings:
(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 200
square feet, with a maximum eave of twelve (12) inches and
maximum height of fifteen (15) feet. Vehicle storage structures,
such as garages and carports, are not exempted except as set forth
in ECDC 19.05. 010 (E)(33) for canopies.
(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 shall
not apply to such awnings.
(c) Sport courts less than 2,000 square feet
(d) Dock repair of individual decking members. ECDC Title
23 provisions shall not apply.
(e) Replacement or repair of existing exterior siding. ECDC
Title 23 provisions shall not apply.
(f) Replacement or repair of existing window or doors
provided; no alteration of structural members is required, the
replacement would-not require installation of safety glazing, the
installation does not affect egress requirements. ECDC Title 23
provisions shall not apply.
(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 19.60 ECDC.
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(i) Uncovered platforms, decks, patios, not exceeding 200
square feet in area, that are not more than thirty (30) inches above
grade at any point, are not attached to a dwelling and do not serve
the exit door required by IRC Section R311.4
0) Canopies, as defined in ECDC 17.70.035, accessory to a
single family dwelling, with a floor area measured to the exterior
wall or post not to exceed 200 square feet, for covered storage,
carport or similar use.
F. Section 105.3.2 Time limitation of permit application, is
amended to read: (effective until November 7, 2010).
1. 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.
2. The building official may extend the time for action by the
applicant for a period not exceeding 360 days prior to such
expiration date.
3. 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.
Alternative F. Section 105.3.2 Time limitation of permit
application, is amended to read: (effective after November 7, 2010)
1. 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.
2. The building official may extend the time for action by the
applicant for a period not exceeding 180 days prior to such
expiration date.
3. 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.
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G. Section 105.3.3 Fully complete application, is added and
reads;
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.
H. Section 105.3.4 Concurrent review, is added and reads;
An applicant may submit an application for building permit
approval and request plan review services concurrently with, or at
any time following, the submittal of a complete application for any
necessary or required discretionary permit approval or
discretionary hearing; provided, that any building permit
application submitted concurrently with an application for
discretionary permit or approvals shall not be considered complete
unless the applicant submits a signed statement, on a form
approved by the director, which acknowledges that the building
permit application is subject to any conditions or requirements
imposed pursuant to the review and approval of any necessary or
required discretionary permit or approvals. The applicant shall
solely bear the risk of building permit submittal with discretionary
permit approval. If, after discretionary approval, the building
permit plans are modified or amended to comply with conditions
or restrictions required by any discretionary permit or approval, the
applicant shall be solely responsible for any and all costs which
result therefrom, including but not limited to additional full plan
review fees; provided further, that any applicant- initiated changes
made after the original plan review is complete shall also require
payment of full plan review fees.
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I. Section 105.5 Permit expiration and extension, is amended
to read:
1. Every permit issued under ECDC Title shall expire by
limitation 360 days after issuance, except as provided in ECDC
19.0.025J(2).
2. The following permits shall expire by limitation, 180 days
after issuance and may not be extended:
Demolition permits required by ECDC 19.00.030;
Permits for Moving Buildings required by Chapter 19.60 ECDC;
Mechanical permits;
Tank removal, tank fill, or tank placement permits;
Grading, excavation and fill permits;
Water service line permits;
Plumbing permits;
Gas piping permits;
Deck and dock permits;
Fence permits;
Re -roof permits;
Retaining wall permits;
Swimming pool, hot tub and spa permits;
Sign permits;
Shoring permits;
Foundation permits.
3. 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.
Prior to Feb. 27, 2011 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. (note that after Feb. 27,
2011 this paragraph is void)
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4. 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.
5. The maximum amount of time any building permit may be
extended shall be a total of three (3) years. At the end of any three
(3) year period starting from the original date of permit issuance,
the permit shall become null and void and a new building permit
shall be required, with full permit fees, in order for the applicant to
complete work. The voiding of the prior permit shall negate all
previous vesting of zoning or Building codes. Whenever an appeal
is filed and a necessary development approval is stayed in
accordance with ECDC 20.07.004 the time limit periods imposed
under this section shall also be stayed until final decision.
6. 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.
J. Section 105.5.1 Recommence work on an expired permit, is
added and reads:.
1. In order to recommence work on an expired permit, a new
permit application with full permit fees shall be submitted to the
building official.
2. 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.
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K. Section 107.3.3 Phased approval is amended to read:
1. 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 and a fully complete permit application for the entire
building or structure has been submitted for review.
2. 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.
3. 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.
L. Section 108 Temporary Structures and Uses, is deleted
M. Section 110.3.3 Lowest floor elevation, is amended to read:
In flood hazard areas, upon placement of the lowest floor,
including the basement, and prior to further vertical construction,
the elevation certification required in Section 1612.5 shall be
submitted to the building official. Prior to final inspection
approval, the building official shall require an elevation certificate
based on finished construction prepared and sealed by a State
licensed land surveyor.
N. Section 113 Board of Appeals, is deleted and replaced by
19.80 ECDC
O. Section 501.2 Address Identification, is amended to read:
Approved numbers or addresses shall be installed by the property
owner for new and existing buildings in such a position as to be
clearly visible and legible from the street or roadway fronting the
property. Letters or numbers on the building 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. Where public or
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private access is provided and the building address cannot be
viewed from the public way, a monument, pole or other approved
sign or means shall be used to identify the structure. This means of
premises identification does not preclude approved identification
also affixed to structure."
P. Section 1612. 1.1 Residential Structures, is added and reads:
Construction or reconstruction of residential structures is
prohibited within designated floodways, except for (i) repairs,
reconstruction, or improvements to a structure which do not
increase the ground floor area; and (ii) repairs, reconstruction or
improvements to a structure, the cost of which does not exceed 50
percent of the market value of the structure either, (A) before the
repair, or reconstruction is started, or (B) if the structure has been
damaged, and is being restored, before the damage occurred. Any
project for improvement of a structure to correct existing violations
of State or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living
conditions, or to structures identified as historic places, may be
excluded from the 50 percent calculation.
Q. Section 3103 Temporary Structures, is deleted.
R. Section 3108.1.1 Radio, television and cellular
communication related equipment and devices, is added and reads:
A permit shall be 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
S. Section 3109.1 Applicability and maintenance, is amended
to read:
1. Swimming pools, hot tubs and spas of all occupancies shall
comply with the requirements of this section and other applicable
sections of this code.
2. It is the responsibility of the owner to maintain a swimming
pool, hot tub or spa in a clean and sanitary condition and all
equipment shall be maintained in a satisfactory operating condition
when the swimming pool, hot tub or spa is in use. A swimming
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pool, hot tub or spa that is neglected, not secured from public entry
and /or not maintained in a clean and sanitary condition or its
equipment in accord with manufacturers recommendations shall be
determined to be a hazard to health and safety and shall be
properly mitigated to the satisfaction of the building official.
T. Section 3109.3 Public Swimming Pools, is deleted.
U. Section 3109.4 Residential Swimming Pools, is deleted
V. Section 3109.6 Location and Setbacks, is added and reads;
Swimming pools, hot tubs and spas shall meet requirements of the
zoning code of the city of Edmonds.
1. 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.
2. All other accessory buildings and equipment shall meet the
normally required setbacks for accessory structures in the zone in
which they are located.
W. Section 3109.7 Tests and cross - connection devices, is
added and reads;
1. All swimming pool, hot tub and spa piping shall be
inspected and approved before being covered or concealed.
2. Washington State Department of Health approved cross
connection devices are required to be provided on potable water
systems when used to fill any swimming pool, hot tub or spa.
X. Section 3109.8 Wastewater disposal, is added and reads;
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.
1. 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.
2. 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.
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Y. Section 3109.9 Inspection requirements, is added and
reads;
The appropriate city inspector shall be notified for the following
applicable inspections:
1. 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.
2. An initial cross connection control installation inspection is
required by the city cross connection control specialist prior to
final installation approval.
3. 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.
Z. Section 3403.2.1 Residential Structures, is added and reads;
Construction or reconstruction of residential structures is
prohibited within designated floodways, except for (i) repairs,
reconstruction, or improvements to a structure which do not
increase the ground floor areas; and (ii) repairs, reconstruction or
improvements to a structure, the cost of which does not exceed 50
percent of the market value of the structure either, (A) before the
repair, or reconstruction is started, or (B) if the structure has been
damaged, and is being restored, before the damage occurred. Any
project for improvement of a structure to correct existing violations
of State or local health, sanitary, or safety code specifications
which have been identified by the local code enforcement official
and which are the minimum necessary to assure safe living
conditions, or to structures identified as historic places, may be
excluded in the 50 percent.
AA. Appendix E, Accessibility Requirements, is amended by
deleting sections E107, E108, E110 and E111.
BB. Appendix G, Flood - Resistant Construction, is amended by
addition of new section;
Section G301.1(4) Where base flood elevation data has not been
provided or is not available from another authoritative source, it
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shall be generated for subdivision proposals and other proposed
developments which contain at least 50 lots or 5 acres, whichever
is less.
CC. Appendix H, Signs, is amended as follows;
1. Section 1-1101.2 Signs exempt from permits, is replaced by
ECDC 19 /00.010(Q).
2. Section 1-1101.2.1 Prohibited signs is added and reads as
follows:
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. Sections H104 Identification, H106.1.1 Internally
illuminated signs, H107 Combustible materials, H108 Animated
devices, H109.1 Height restrictions, and 1-1110 Roof signs are
Deleted.
DD. Appendix J, Grading is amended as follows;
19.00.030 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
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provisions of the ECDC and the state Building code as adopted and
amended by the city of Edmonds, this title 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.
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 4-06
107, 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:
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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.
4. Following final ADB approval, the applicant shall file the
plans and information required by IBC Section 4-06 107. 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
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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 considered a
Type I decision appealable only to the superior court of Snohomish
County by Land Use Petition Act.
C. The rights vested by ECDC 19.00.025 I (section 105.3.3 of
IBC as amended) 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.
19.00.040 Excluding nonconforming religious building
from certain requirements.
Existing legal nonconforming churches, synagogues, mosques and
other buildings use for religious observance (hereinafter "church"
or "churches ") are hereby excluded from any requirement of the
State Building Code which would be triggered by a change of use
as specifically limited and set forth herein:
1. This change in use exclusion is limited solely to a change
in use for the provision of emergency housing to the homeless and
other indigent persons. The term "emergency" shall mean to the
housing of indigent and homeless persons when the ambient
temperature is forecast by the National Weather Service to be
below 33 degrees for a four -hour overnight period or when wind
chill, violent storms or other inclement conditions present a direct
threat to the lives of homeless and other indigent persons without
shelter. Such danger could include, but is not limited to, the threat
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presented by carbon monoxide poisoning for persons attempting to
take shelter in cars or other vehicles with the motor running.
2. In order to claim this exclusion, a church shall:
a. Be a legal nonconforming structure prior to the
provision of emergency housing for the homeless and indigent. In
the alternative, a church may establish that it has previously
provided overnight housing to members of its congregation or the
public in emergencies, for educational, religious or other purposes.
b. Maintain a "fire watch." The term "fire watch"
shall mean the maintenance during all times when indigent housing
services are provided of a watch by paid staff or volunteers who
shall, on premises, monitor for fires or violations of no smoking
prohibitions. At least one fire monitor shall be provided for each
eight persons housed.
C. Provide an operational smoke detection system.
d. Prohibit the smoking of tobacco or similar products
on the premises and prohibit the use of any open flame in the area
in which the homeless or indigent persons are temporarily housed.
e. Maintain clear and unobstructed means of egress.
Exits must not be locked in the direction of egress unless a special
egress control device is installed in accordance with the Building
Code.
3. The application of this exclusion is intended to fulfill the
City's obligation to provide flexibility and consider reasonable
alternatives in the application of the rigid requirements of the State
Building Code. The Building Official is directed to avoid
technical inflexibility, to consider the use of any reasonable
alternative which would provide the minimum protections required
either under the State Building Code or this exclusion and to be
flexible when considering alternative approaches to the specific
requirements set forth above. All decisions by the Building
Official shall be in writing and articulate the public interest to be
served as well as an analysis of the alternatives.
4. These provisions are for the purpose of providing for and
promoting the health, safety and welfare of the general public. See
Chapter 19.00 Limitation of Benefitted and Protected Classes.
Section 2. The Edmonds Community Development
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Code Title 19 is hereby amended by the repeal and reenactment of
Chapter 19.05 Residential Building Code to read as follows:
Chapter 19.05
RESIDENTIAL BUILDING CODE
Sections:
19.05.000 International Residential Code adopted.
19.05.010 Chapter One (1) not adopted.
19.05.020 Section amendments.
19.05.030 Manufactured home installation standards.
19.05.000 International Residential Code adopted.
The International Residential Code (IRC), 2009 Edition, published
by the International Code Council, as amended by the Washington
State Building code Council in Chapter 51 -51 WAC, and as
subsequently amended by this chapter, is hereby adopted along
with Appendix Chapters A, B, C, G, K and R.
19.05.010 Chapter One (1) not adopted.
Chapter one (1) is not adopted. See ECDC 19.00.015
19.05.020 Section amendments.
The following sections of the IRC are hereby amended as follows:
A. Table R301.2(1) Climatic and Geographic Design Criteria,
is amended with the following criteria:
1. Ground Snow Load = 25 psf
2. Wind Speed(d) = 85 mph
3. Topographical effects(k) = No
4. Seismic Design Category(f) = D2
5. Weathering(a) = moderate
6. Frost Line Depth(b) = 18 inches
7. Termite(c) = slight to moderate
8. Winter Design Temp(e) = 27 degrees F
9. Flood Hazard(g) = NFIP adoption 3/26/74. FIRM maps
11/8/99
10. Ice Shield Underlayment(h) = not required
11. Air Freezing Index(i) = 0 -1000
12. Mean Annual Tempo) = 50 degrees F
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B. Section R324 Automatic fire sprinkler system, is added and
reads;
An automatic fire sprinkler system is required for buildings
containing five (5) or more attached dwelling units. Refer to
ECDC 19.25.040.
19.05.030 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. 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.
4. Mobile homes shall be permitted only within designated
mobile home parks.
5. Pursuant to added RCW 35.21.897, 35A.21.310, 36.01.220,
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
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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.
Section 3 The Edmonds Community Development Code is hereby amended by
the repeal and reenactment of Chapter 19.15 Mechanical and Fule Gas Code, to read as follows:
Chapter 19.15
MECHANICAL CODE AND FUEL GAS CODE
Sections:
19.15.000
International Mechanical Code adopted.
19.15.005
Amendments
19.15.010
International Fuel Gas Code adopted.
19.15.015
Amendments
19.15.000 International Mechanical Code adopted.
The International Mechanical Code (IMC), 2009 Edition,
published by the International Code Council, as amended by the
Washington State Building code Council in Chapter 51 -52 WAC,
and as subsequently amended by this chapter is hereby adopted.
19.15.005 Amendments
Chapter one (1) is not adopted. See ECDC 19.00.015
19.15.010 International Fuel Gas Code adopted.
The International Fuel Gas Code, 2009 Edition, published by the
International Code Council, as amended by the Washington State
Building code Council in Chapter 51 -52 WAC inclusive of NFPA
54 and 58, and as subsequently amended by this chapter, is hereby
adopted.
19.15.015 Amendments
Chapter one (1) is not adopted. See ECDC 19.00.015
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Section 4 The Edmonds Community Development Code is hereby amended by
the repeal and reenactment of Chapter 19.20 Plumbing Code to read as follows:
Chapter 19.20
PLUMBING CODE
Sections:
19.20.000 Uniform Plumbing Code adopted.
19.20.005 Amendments.
19.20.010 Evidence of potable water.
19.20.000 Uniform Plumbing Code adopted.
The Uniform Plumbing Code (UPC), 2009 Edition, published by
the International Association of Plumbing and Mechanical
Officials, as amended by the Washington State Building code
Council in Chapter 51 -56 WAC, and as subsequently amended by
this chapter; provided that any provisions that affect fuel gas
piping are not adopted, is hereby adopted.
19.20.005 Amendments.
A. Chapter one (1) is not adopted. See ECDC 19.00.015
B. Section 1014 Grease traps and interceptors, is deleted. See
ECC 7.90
C. Section 1016 Sand Interceptors, is deleted
D. Section 1017 Oil and flammable liquids interceptors, is
deleted.
E. Chapter 12 Fuel piping, is deleted
F. Chapter 15 Firestop protection, is 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
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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.
Section 5. the Edmonds Community Development Code is hereby amended by
the repeal and reenactment of Chapter 19.30 Energy Code to read as follows:
Chapter 19.30
ENERGY CODE
Sections:
19.30.000 State Energy Code adopted.
19.30.000 State Energy Code adopted.
The Washington State Energy Code, 2009 Edition, as adopted and
amended by the Washington State Building code Council in
Chapter 5 1 -11 WAC, is hereby adopted.
Section 5. The Edmonds Community Development Code Title 19 is hereby
amended by the repeal of Chapter 19.35 Ventilation Code
Section 6. The Edmonds Community Development Code Title 19 is hereby
amended by the repeal of Chapter 19.40 Dangerous Buildings Code and the adoption of a new
Chapter 19.40 International Property Maintenance Code to read as follows:
Chapter 19.40
International Property Maintenance Code
Sections:
19.40.000 International Property Maintenance Code
adopted.
19.40.005 Amendments
19.40.000 International Property Maintenance Code
adopted.
The International Property Maintenance Code, 2009 Edition,
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published by the International Code Council, is hereby adopted.
19.40.005 Amendments.
A. Section 102.3 Application of other codes, is amended to
read:
Repairs, additions or alterations to a structure, or changes of
occupancy shall be done in accordance with the procedures and
provisions of the codes listed in 19.00.005. Nothing in this code
shall be construed to cancel, modify or set aside any provision of
the ECDC.
B. Section 106 Violations, is deleted and replaced as follows;
Violation of any provisions of this code are subject to the Civil
Violation — Enforcement procedures in Chapter 20.110 ECDC.
C. Sections 108.2 Closing of vacant structures, 108.3
Notice, 108.4 Placarding, 108.5 Prohibited occupancy, 108.6
Abatement methods and 108.7 Record, are deleted and replaced
by the provisions of Chapter 20.110 ECDC
D. Section 111 Means of Appeal, is deleted and replaced by
ECDC section 20.110.040 C.
E. Section 302 is deleted
F. Section 303 is deleted
G. Section 308 is deleted
H. Section 309 is deleted
Section 7 The Edmonds Community Development Code Title 19 is hereby
amended by the repeal of Chapter 19.45 Housing Code and the adoption of a new Chapter 19.45
International Code Council Performance Code to read as follows:
Chapter 19.45
INTERNATIONAL CODE COUNCIL PERFORMANCE
CODE
Sections:
19.45.000 International Code Council Performance Code
adopted.
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The International Code Council Performance Code, 2009 Edition, published by the
International Code Council, is hereby adopted.
Section 8 The Edmonds Community Development Code, Title 19, is hereby
amended by the repeal of Chapter 19.50 Historic Building g ode and adoption of a new Chapter
19.50 International Existing Building code, to read as follows:
Chapter 19.50
INTERNATIONAL EXISTING BUILDING CODE
Sections:
19.50.000 International Existing Building code adopted.
The International Existing Buildings Code, 2009 Edition,
published by the International Code Council, as amended by the
Washington State Building code Council in Chapter 51 -50 WAC,
and as subsequently amended by this chapter, is hereby adopted.is
hereby adopted along with Appendix Chapter A (Guidelines for
the seismic retrofit of existing buildings) and Resource A
(Guidelines on fire ratings of archaic materials and assemblies).
Section 9 The Edmonds Community Development Code, Title 19, is hereby
amended by the adoption of a new Chapter 19.55 Electrical Code, to read as follows:
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, 2008 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
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Rules, 2008 Edition, is hereby adopted as part of the electrical
code of the city of Edmonds. [Ord. 3651 § 1, 2007].
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.
Section 10. 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.
A PP ROV D:
MA OR RY IIAAKENSON
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ATTEST /AUTHENTICATED:
C TY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE C Y AT T RNEY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 05 -28 -2010
PASSED BY THE CITY COUNCIL: 06 -01 -2010
PUBLISHED: 06 -06 -2010
EFFECTIVE DATE: 06 -11 -2010
ORDINANCE NO. 3796
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SUMMARY OF ORDINANCE NO. 3796
of the City of Edmonds, Washington
On the 1 st day of June, 2010, the City Council of the City of Edmonds, passed
Ordinance No. 3796. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING AND
ENACTING THE PROVISIONS OF AND ENACTMENT OF CHAPTERS 19.00 BUILDING
CODE; 19.05 RESIDENTIAL BUILDING CODE; 19.05 MECHANICAL CODE AND FUEL
GAS CODE; 19.20 PLUMBING CODE; 19.30 ENERGY CODE; 19.40 INTERNATIONAL
PROPERTY MAINTENANCE CODE; CHAPTER 19.50 INTERNATIONAL EXISTING
BUILDING CODE; CHAPTER 19.55 ELECTRICAL CODE; REPEALING CHAPTER 19.35
VENTILATION CODE RCW TO ADOPT NEW PROVISIONS OF THE STATE BUILDING
CODE AND REVISIONS THERETO, AND TO RESTRUCTURE TITLE 19, AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 2nd day of June, 2010.
CITY CLERK, SANDRA S. CHASE
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6/3/2010 11:55 AM - 31 -
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
F rn,y
v
��c. 1890
SUMMARY OF ORDINANCE NO. 3796
of the City of Edmonds, Washington
On the 1st day of June, 2010, the City Council of the City of
Edmonds, passed Ordinance No. 3796. A summary of-the content
of said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
REPEALING AND ENACTING THE PROVISIONS OF AND
ENACTMENT OF CHAPTERS 19.00 BUILDING CODE; 19.05
RESIDENTIAL BUILDING CODE; 19.05 MECHANICAL CODE
AND FUEL GAS CODE; 19.20 PLUMBING CODE; 19.30 ENER-
GY CODE: 19.40 INTERNATIONAL PROPERTY MAINTENANCE
CODE; CHAPTER 1930 INTERNATIONAL EXISTING BUILDING
CODE; CHAPTER 19.55 ELECTRICAL CODE; REPEALING
CHAPTER 19.35 VENTILATION CODE RCW .TO ADOPT NEW
PROVISIONS OF THE STATE BUILDING CODE AND
REVISIONS THERETO, AND TO RESTRUCTURE TITLE 19,
AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 2nd day of June, 2010.
CITY CLERK, SANDRA S. CHASE
Published: June 6, 2010.
Affidavit of Publication
S.S.
The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of
THE HERALD, a daily newspaper printed and published in the City of Everett, County of
Snohomish, and State of Washington; that said newspaper is a newspaper of general
circulation in said County and State; that said newspaper has been approved as a legal
newspaper by order of the Superior Courtof Snohomish County and that the notice
Summary of Ordinance No. 3796
Repealing and Enacting Provisions
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 06, 2010
and that said newspaper was
subscribers during all of said period.
Subscribed and sworn to before me this 7th
RECEIVED
day of June, 2010
JUN 1 2010
Notary Public in and fo a h14esidi Ev tt, Snohomish
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County.�a- x��'f.ar+'. s
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Account Name: City of Edmonds
Account Number: 10'i�i�]6,p 114 '�7 _ 1 a5'� der Number: 0001698884
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