Chapter 19.00
BUILDING CODE
Sections:
19.00.000 International Building Code adopted.
19.00.005 Section amendments. (Effective until November 7, 2010)
19.00.005 Section amendments. (Effective after November 7, 2010, until February 27, 2011)
19.00.005 Section amendments. (Effective after February 27, 2011)
19.00.010 Work exempt from permit.
19.00.015 Fully complete application.
19.00.020 Concurrent review.
19.00.025 Architectural design review – Optional vesting.
19.00.030 Demolition permits.
19.00.000 International Building Code adopted.
A. Under the statutory authority of RCW 19.27.027, 19.27.074 and Chapter 70.92 RCW, the 2006 Edition of the International Building Code (IBC) as published by the International Code Council (ICC), including the state amendments set forth in Chapter 34.05 RCW and Chapter 51-50 WAC, including the following appendices: E (Supplementary Accessibility Requirements), G (Flood-Resistant Construction), H (Signs), and J (Grading) is hereby adopted by reference as if fully set forth as the building code of the city of Edmonds. The provisions of this code shall regulate the erection, construction, enlargement, alteration, equipment, use, area and maintenance of buildings and structures in the city; and provide for the issuance of permits and the collection of permit fees.
B. Referenced Codes. Where the following codes are referenced within any of the codes adopted and amended in this title, they shall be substituted as follows:
1. “International Building Code” shall mean the building code as adopted and amended in this title.
2. “International Residential Code” shall mean the residential building code as adopted and amended in this title.
3. “International Mechanical Code” shall mean the mechanical code as adopted and amended in this title.
4. “International Fuel Gas Code” shall mean the fuel gas code as adopted in Chapter 19.27 RCW and in accordance with the mechanical code as adopted and amended in this title.
5. “International Fire Code” shall mean the fire code as adopted and amended in this title.
6. “Uniform Plumbing Code” shall mean the plumbing code as adopted and amended in this title.
7. “Washington State Energy Code” shall mean the energy code as adopted and amended in this title.
8. The “National Electrical Code” shall mean the electrical code as adopted and amended in this title.
9. “Uniform Housing Code” shall mean the housing code as adopted and amended in this title.
10. “Uniform Code for the Abatement of Dangerous Buildings” shall mean the dangerous buildings code as adopted and amended in this title.
11. “State Historic Building Code” shall mean the historic building code as adopted and amended in this title.
12. “Washington State Ventilation and Indoor Air Quality Code” shall mean the ventilation code as adopted and amended by this title.
13. International Existing Building Code: Not adopted. All references shall be disregarded.
14. International Property Maintenance Code: Not adopted. All references shall be disregarded.
15. International Electrical Code: Not adopted. All references shall be disregarded.
These codes shall be considered part of the requirements of this code to the prescribed extent of each such reference. [Ord. 3651 § 1, 2007].
19.00.005 Section amendments. (Effective until November 7, 2010)*
The following sections of the IBC have been added, amended, deleted or replaced as follows:
A. Chapter 1, Administration.
1. Section 104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. The building official is also authorized to use Chapter 20.110 ECDC for code compliance in addition to the remedies provided for in this code.
2. Section 105.1.1 Annual permit. Deleted.
3. Section 105.1.2 Annual permit records. Deleted.
4. Section 105.2 Work exempt from permit. Replaced by ECDC 19.00.010.
5. Section 105.3.2 Time limitation of permit application.
a. Applications, for which no permit is issued within 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. Demolition permits required by ECDC 19.00.030;
ii. Permits for Moving Buildings required by Chapter 19.60 ECDC;
iii. Mechanical permits;
iv. Tank removal, tank fill, or tank placement permits;
v. Grading, excavation and fill permits;
vi. Water service line permits;
vii. Plumbing permits;
viii. Gas piping permits;
ix. Deck and dock permits;
x. Fence permits;
xi. Re-roof permits;
xii. Rockery and retaining wall permits;
xiii. Swimming pool, hot tub and spa permits;
xiv. Sign permits;
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 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.
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.
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 3109.10 Tests and cross connection devices.
a. All swimming pool, hot tub and spa piping shall be inspected and approved before being covered or concealed.
b. Washington State Department of Health approved cross connection devices are required to be provided when used to fill any swimming pool, hot tub or spa.
12. Section 3109.11 Wastewater disposal. A means of disposal of the total contents of the swimming pool, hot tub or spa (including partial or periodic emptying) shall be reviewed and approved by the public works director.
a. No direct connection shall be made between any swimming pool, hot tub or spa to any storm drain, city sewer main, drainage system, seepage pit, underground leaching pit, or sub-soil drain.
b. A sanitary tee (outside cleanout installed on the main building side sewer line) shall be provided for draining of treated water into the city sanitary sewer system.
13. Section 3109.12 Inspection requirements. The appropriate city inspector shall be notified for the following applicable inspections:
a. Footing, wall, pre-form, pre-gunite, erosion control, underground plumbing, sanitary extension and cleanout, mechanical pool equipment, gas piping, mechanical enclosure location, cross connection and final inspection.
b. An initial cross connection control installation inspection is required by the city cross connection control specialist prior to final installation approval.
c. All backflow assemblies shall be tested by state certified backflow assembly testers upon initial installation and then annually thereafter. Copies of all test reports shall be submitted to the city water division for review and approval.
D. Appendix E, Accessibility Requirements.
1. Section 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 H101.2 Signs exempt from permits. Replaced by ECDC 19.00.010(Q).
2. Section H101.2.1 Prohibited signs.
a. It is unlawful for any person to advertise or display any visually communicated message, by letter or pictorially, of any kind on any seating bench, or in direct connection with any bench.
b. All signs not expressly permitted by Chapter 20.60 ECDC.
c. Signs which the city engineer determines to be a hazard to vehicle or pedestrian traffic because they resemble or obscure a traffic control device, or pose a hazard to a pedestrian walkway or because they obscure visibility needed for safe traffic passage. Such signs shall be immediately removed at the request of the city engineer.
d. All signs which are located within a public right-of-way and that have been improperly posted or displayed are hereby declared to be a public nuisance and shall be subject to immediate removal and confiscation per ECDC 20.60.090.
3. Section H104 Identification. Deleted.
4. Section H106.1.1 Internally illuminated signs. Deleted.
5. Section H107 Combustible materials. Deleted.
6. Section H108 Animated devices. Deleted.
7. Section H109.1 Height restrictions. Deleted.
8. Section H110 Roof signs. Deleted.
F. Appendix J, Grading.
1. Section J103.2 Exemptions. Replaced by 19.00.010(M).
*Code reviser's note: The provisions of Ord. 3699 provide that it shall automatically expire two years from the effective date of Ord. 3699. Upon this expiration date, the existing provisions shall revive. Upon reinstatement of the prior provisions, all permits and extensions issued under subsection (A)(5)(a) of this section 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 provisions of subsection (A)(5)(a) of this section, 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 Ord. 3699 shall be governed by its provisions as if vested by complete application after its effective date.
[Ord. 3726 § 1, 2009; Ord. 3715 § 1, 2008; Ord. 3699 § 1, 2008; Ord. 3651 § 1, 2007].
19.00.005 Section amendments. (Effective after November 7, 2010, until February 27, 2011)*
The following sections of the IBC have been added, amended, deleted or replaced as follows:
A. Chapter 1, Administration.
1. Section 104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. The building official is also authorized to use Chapter 20.110 ECDC for code compliance in addition to the remedies provided for in this code.
2. Section 105.1.1 Annual permit. Deleted.
3. Section 105.1.2 Annual permit records. Deleted.
4. Section 105.2 Work exempt from permit. Replaced by ECDC 19.00.010.
5. Section 105.3.2 Time limitation of permit application.
a. Applications, for which no permit is issued within 180 days following the date of application, shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official.
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;
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 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.
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.
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 3109.10 Tests and cross connection devices.
a. All swimming pool, hot tub and spa piping shall be inspected and approved before being covered or concealed.
b. Washington State Department of Health approved cross connection devices are required to be provided when used to fill any swimming pool, hot tub or spa.
12. Section 3109.11 Wastewater disposal. A means of disposal of the total contents of the swimming pool, hot tub or spa (including partial or periodic emptying) shall be reviewed and approved by the public works director.
a. No direct connection shall be made between any swimming pool, hot tub or spa to any storm drain, city sewer main, drainage system, seepage pit, underground leaching pit, or sub-soil drain.
b. A sanitary tee (outside cleanout installed on the main building side sewer line) shall be provided for draining of treated water into the city sanitary sewer system.
13. Section 3109.12 Inspection requirements. The appropriate city inspector shall be notified for the following applicable inspections:
a. Footing, wall, pre-form, pre-gunite, erosion control, underground plumbing, sanitary extension and cleanout, mechanical pool equipment, gas piping, mechanical enclosure location, cross connection and final inspection.
b. An initial cross connection control installation inspection is required by the city cross connection control specialist prior to final installation approval.
c. All backflow assemblies shall be tested by state certified backflow assembly testers upon initial installation and then annually thereafter. Copies of all test reports shall be submitted to the city water division for review and approval.
D. Appendix E, Accessibility Requirements.
1. Section 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 H101.2 Signs exempt from permits. Replaced by ECDC 19.00.010(Q).
2. Section H101.2.1 Prohibited signs.
a. It is unlawful for any person to advertise or display any visually communicated message, by letter or pictorially, of any kind on any seating bench, or in direct connection with any bench.
b. All signs not expressly permitted by Chapter 20.60 ECDC.
c. Signs which the city engineer determines to be a hazard to vehicle or pedestrian traffic because they resemble or obscure a traffic control device, or pose a hazard to a pedestrian walkway or because they obscure visibility needed for safe traffic passage. Such signs shall be immediately removed at the request of the city engineer.
d. All signs which are located within a public right-of-way and that have been improperly posted or displayed are hereby declared to be a public nuisance and shall be subject to immediate removal and confiscation per ECDC 20.60.090.
3. Section H104 Identification. Deleted.
4. Section H106.1.1 Internally illuminated signs. Deleted.
5. Section H107 Combustible materials. Deleted.
6. Section H108 Animated devices. Deleted.
7. Section H109.1 Height restrictions. Deleted.
8. Section H110 Roof signs. Deleted.
F. Appendix J, Grading.
1. Section J103.2 Exemptions. Replaced by 19.00.010(M).
*Code reviser's note: The provisions of Ordinance 3726 provide that it shall expire two years from its effective date unless extended by act of the city council.
[Ord. 3726 § 1, 2009; Ord. 3715 § 1, 2008; Ord. 3699 § 1, 2008; Ord. 3651 § 1, 2007].
19.00.005 Section amendments. (Effective after February 27, 2011)
The following sections of the IBC have been added, amended, deleted or replaced as follows:
A. Chapter 1, Administration.
1. Section 104.3 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with this code. The building official is also authorized to use Chapter 20.110 ECDC for code compliance in addition to the remedies provided for in this code.
2. Section 105.1.1 Annual permit. Deleted.
3. Section 105.1.2 Annual permit records. Deleted.
4. Section 105.2 Work exempt from permit. Replaced by ECDC 19.00.010.
5. Section 105.3.2 Time limitation of permit application.
a. Applications, for which no permit is issued within 180 days following the date of application, shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official.
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;
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 inspec-
tion conducted by the city building inspector prior to the extension, the permit shall be extended. Permit fees shall be charged at a rate of one half the original building permit fee to extend the permit.
d. If the applicant cannot complete work issued under an extended permit within a total period of two (2) years, the applicant may request in writing, prior to the second year expiration, an extension for a third and final year. Provided there has been at least one (1) required progress inspection conducted by the city building inspector prior to the extension, the permit shall be extended for a third and final year. In lieu of permit fees for the third year extension, inspection fees shall be charged for the remaining work based on the number of required inspections remaining for the project for all city departments.
e. The maximum amount of time any building permit may be extended shall be a total of three (3) years. At the end of any three (3) year period starting from the original date of permit issuance, the permit shall become null and void and a new building permit shall be required, with full permit fees, in order for the applicant to complete work. The voiding of the prior permit shall negate all previous vesting of zoning or building codes. Whenever an appeal is filed and a necessary development approval is stayed in accordance with ECDC 20.105.020(B), the time limit periods imposed under this section shall also be stayed until final decision.
f. The building official may reject requests for permit extension where he determines that modifications or amendments to the applicable zoning and building codes have occurred since the original issuance of the permit and/or modifications or amendments would significantly 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.
10. Section 108 Fees. Replaced by Chapter 19.70 ECDC.
11. Section 109.3.3 Lowest floor elevation. 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.
12. 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 16, Structural Design.
1. Section 1612.1.1 Residential Structures. 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.
D. 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.
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 3109.10 Tests and cross connection devices.
a. All swimming pool, hot tub and spa piping shall be inspected and approved before being covered or concealed.
b. Washington State Department of Health approved cross connection devices are required to be provided when used to fill any swimming pool, hot tub or spa.
12. Section 3109.11 Wastewater disposal. A means of disposal of the total contents of the swimming pool, hot tub or spa (including partial or periodic emptying) shall be reviewed and approved by the public works director.
a. No direct connection shall be made between any swimming pool, hot tub or spa to any storm drain, city sewer main, drainage system, seepage pit, underground leaching pit, or sub-soil drain.
b. A sanitary tee (outside cleanout installed on the main building side sewer line) shall be provided for draining of treated water into the city sanitary sewer system.
13. Section 3109.12 Inspection requirements. The appropriate city inspector shall be notified for the following applicable inspections:
a. Footing, wall, pre-form, pre-gunite, erosion control, underground plumbing, sanitary extension and cleanout, mechanical pool equipment, gas piping, mechanical enclosure location, cross connection and final inspection.
b. An initial cross connection control installation inspection is required by the city cross connection control specialist prior to final installation approval.
c. All backflow assemblies shall be tested by state certified backflow assembly testers upon initial installation and then annually thereafter. Copies of all test reports shall be submitted to the city water division for review and approval.
E. Chapter 34, Existing Structures.
1. Section 3403.1.1.1 Residential Structures. 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.
F. 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.
G. Appendix G, Flood Resistant Construction.
Section G301.1(4) Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and other proposed developments which contain at least 50 lots or 5 acres, whichever is less.
H. Appendix H, Signs.
1. Section H101.2 Signs exempt from permits. Replaced by ECDC 19.00.010(Q).
2. Section H101.2.1 Prohibited signs.
a. It is unlawful for any person to advertise or display any visually communicated message, by letter or pictorially, of any kind on any seating bench, or in direct connection with any bench.
b. All signs not expressly permitted by Chapter 20.60 ECDC.
c. Signs which the city engineer determines to be a hazard to vehicle or pedestrian traffic because they resemble or obscure a traffic control device, or pose a hazard to a pedestrian walkway or because they obscure visibility needed for safe traffic passage. Such signs shall be immediately removed at the request of the city engineer.
d. All signs which are located within a public right-of-way and that have been improperly posted or displayed are hereby declared to be a public nuisance and shall be subject to immediate removal and confiscation per ECDC 20.60.090.
3. Section H104 Identification. Deleted.
4. Section H106.1.1 Internally illuminated signs. Deleted.
5. Section H107 Combustible materials. Deleted.
6. Section H108 Animated devices. Deleted.
7. Section H109.1 Height restrictions. Deleted.
8. Section H110 Roof signs. Deleted.
I. Appendix J, Grading.
1. Section J103.2 Exemptions. Replaced by 19.00.010(M).
[Ord. 3726 § 1, 2009; Ord. 3715 § 1, 2008; Ord. 3699 § 2, 2008; Ord. 3651 § 1, 2007].
19.00.010 Work exempt from permit.
IBC Section 105.2 is replaced with the following:
Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the
provisions of this code or any other laws or ordinances of this jurisdiction. It is the applicant's responsibility to comply with bulk zoning code standards per ECDC Title 16 and storm water management provisions per Chapter 18.30 ECDC. Permits shall not be required for the following unless subject to the provisions of ECDC Title 23 or limited or prohibited by the provisions of Chapter 19.10 ECDC:
A. One (1) story detached accessory structures used as tool and storage sheds, playhouses and similar uses; provided the floor area (measured to the exterior wall or post) does not exceed 120 square feet, with a maximum eave of thirty (30) inches.
B. Fences not over six (6) feet high; provided a permit is not required by Chapter 17.30 ECDC.
C. Movable cases, counters and partitions not over five (5) feet nine (9) inches high.
D. Retaining walls four feet (4) in height or less measured vertically from the finished grade at the exposed toe of the retaining wall to the highest point in the wall, unless:
1. Supporting a surcharge; or
2. Impounding Class I, II, III-A liquids; or
3. Subject to the provisions of Chapter 23.50 ECDC or Chapter 23.80 ECDC.
E. Rockeries.
F. Water tanks supported directly upon grade if the capacity does not exceed 500 gallons and the ratio of height to diameter or width does not exceed two (2) to one (1).
G. Sidewalks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and are not part of an accessible route, provided a permit is not required by Chapter 18.60 ECDC.
H. Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work.
I. Temporary motion picture, television and theater stage sets and scenery.
J. Shade cloth structures constructed for nursery or agricultural purposes.
K. Prefabricated swimming pools accessory to an occupancy in which the pool walls are entirely above the adjacent grade and the capacity does not exceed 5,000 gallons. Hot tubs and spas less than 5,000 gallons, completely supported by the ground.
L. Swings and other playground equipment accessory to an occupancy.
M. Grading less than fifty (50) cubic yards (placed, removed or moved within any 365-day period) unless subject to the provisions of Chapter 23.50 ECDC or Chapter 23.80 ECDC.
N. Repair of appliances which do not alter original approval, certification, listing or code.
O. Replacement or adding new insulation with no drywall removal or placement.
P. Replacement or repair of existing gutters or downspouts.
Q. The following types of signs are exempt from permit requirements except that dimensional size and placement standards shall comply with Chapter 20.60 ECDC:
1. Replacing the panel on a previously permitted existing wall cabinet or pole sign,
2. Repainting an existing previously permitted wood sign,
3. Painted or vinyl lettering on storefront windows,
4. Governmental signs, campaign signs, official public notices, and signs required by provision of local, state, or federal law,
5. Temporary signs announcing the sale or rent of property and other temporary signs as described in ECDC 20.60.080,
6. Signs erected by the transportation authorities, and temporary seasonal and holiday displays.
R. Television antennas less than thirty-nine (39) inches in diameter.
[Ord. 3651 § 1, 2007].
19.00.015 Fully complete application.
In accordance with the provisions of RCW 19.27.031 and 19.27.074, an applicant's rights shall vest when a fully complete building permit application is filed. A fully complete building permit application is an application executed by the owners of the property for which the application is submitted or the duly authorized agent(s) for such owners, containing each and every document required under the terms of these ordinances and the IBC and is substantially complete in all respects. It is anticipated that minor changes or revisions may be required and are frequently made in the course of any building application review process, and such minor revisions or changes shall not keep an application from being deemed complete if a good faith attempt has been made to submit a substantially complete application containing all required components. Where required, the application and supporting documents shall be stamped and/or certified by the appropriate engineering, surveying or other professional consultants. A fully complete building permit application shall be accompanied by all fees, including but not limited to building permit fees and plan review fees required under the provisions of this chapter and code. [Ord. 3651 § 1, 2007].
19.00.020 Concurrent review.
An applicant may submit an application for building permit approval and request plan review services concurrently with, or at any time following, the submittal of a complete application for any necessary or required discretionary permit approval or discretionary hearing; provided, that any building permit application submitted concurrently with an application for discretionary permit or approvals shall not be considered complete unless the applicant submits a signed statement, on a form approved by the director, which acknowledges that the building permit application is subject to any conditions or requirements imposed pursuant to the review and approval of any necessary or required discretionary permit or approvals. The applicant shall solely bear the risk of building permit submittal with discretionary permit approval. If, after discretionary approval, the building permit plans are modified or amended to comply with conditions or restrictions required by any discretionary permit or approval, the applicant shall be solely responsible for any and all costs which result therefrom, including but not limited to additional full plan review fees; provided further, that any applicant-initiated changes made after the original plan review is complete shall also require payment of full plan review fees. [Ord. 3651 § 1, 2007].
19.00.025 Architectural design review – Optional vesting.
In addition to the vesting rights created by RCW 19.27.095 and ECDC 19.00.015, an applicant for development as defined in ECDC 20.10.010 and subject to architectural design board (ADB) review may, at the applicant's option, file a fully complete augmented architectural design review application (hereinafter “augmented ADB application”) and vest rights including applicable permit, development and impact fees under the provisions of the ECDC and the state building code as adopted and amended by the city of Edmonds, 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 106, as the same exists or is hereafter amended, and other engineering documents, plans or drawings required by ECDC Title 18 may be submitted within 90 days of final ADB approval, or final approval on appeal.
B. Upon filing of the augmented ADB application, the applicant shall be deemed fully vested as if a fully complete building permit application had been filed; provided:
1. The burden shall be upon the applicant to supply all material required by the provisions of this section and as necessary to meet the requirements of Chapter 20.10 ECDC. The applicant may supplement the original application in the event an application is deemed incomplete by the development services director or designee. Vesting shall occur only when the application is deemed complete by the development services director. Failure to supplement an incomplete application within 90 days of final ADB approval shall result in forfeiture of all fees paid and no vesting right shall attach.
2. The application shall expire along with all rights vested 180 days following the date of application if final architectural design approval is not received.
a. The development services director or designee may issue an extension for an additional period, not exceeding 180 days, upon written request by the applicant(s) or their agent(s). Such request for extension shall be filed prior to the expiration of the original application time period. An extension shall be granted if the architectural design board has not yet considered the application or an appeal thereof is pending.
b. The time period shall run concurrently with the periods established by ECDC 19.00.005 as the same exists or is hereafter amended. No application shall be extended more than once. In order to renew an application after expiration, the applicant shall resubmit all required information and pay a new plan review fee.
3. The applicant shall comply with all provisions of state law and regulation and this code regarding SEPA review. Review periods or delays occasioned by SEPA shall stay the time periods set by this chapter.
4. Following final ADB approval, the applicant shall file the plans and information required by IBC Section 106. It is anticipated that minor adjustments and changes may and are usually required to the plans submitted as a result of the plan review and administrative process; provided, that the following changes shall not be considered “minor” and shall forfeit vesting rights, and shall require the filing of a new application:
a. Any substantial change not required by the terms of ADB approval.
b. Any increase in height or total square footage or any change which would change the occupancy classification for the purposes of the State Building Code.
5. Any decision of the city staff regarding the application stated in this section and its interpretation shall be appealable only to the superior court of Snohomish County by Land Use Petition Act and is not subject to the provisions of Chapter 20.105 ECDC.
C. The rights vested by ECDC 19.00.015 and this section refer only to zoning and building code rights protected by RCW 19.27.095.
D. These sections shall not be interpreted to create vesting rights not protected by RCW 19.27.095 and shall not be interpreted as a further limitation on the administrative obligations and legislative powers of the city. By way of illustration and not limitation, this chapter does not limit:
1. The city council's authority to create local improvement districts.
2. The city council's authority to legislate life safety requirements that are not required to recognize existing vested rights.
3. Environmental and shorelines review and mitigation procedures. [Ord. 3651 § 1, 2007].
19.00.030 Demolition permits.
Before the partial or complete demolition of any building or structure (interior or exterior), a demolition permit shall be obtained from the building official. The permit fee is hereby established as set forth in Chapter 19.70 ECDC. The applicant shall also post with the city, prior to permit issuance, a performance bond, or frozen fund, conforming to Chapter 17.10 ECDC herein, in an amount to be determined by the building official to satisfy all city requirements no later than 180 days after the issuance of the permit. The demolition performance bond or frozen fund shall not be released until the building official determines the following requirements have been completed:
A. Cap Abandoned Sanitary Sewers. Septic tanks are to be pumped, collapsed and removed and/or filled with earth, sand, concrete, CDF or hard slurry.
B. Knock Down of Concrete Foundation Walls, Porches, Chimneys and Similar Structures. Concrete, bricks, cobbles and boulders shall be broken to less than 12-inch diameter. Debris left on site shall conform to IBC Section 1803.2 for clean fill.
C. Construction debris, vegetation, and garbage attributable to the demolition shall be removed from the site and from unopened street right-of-way within 30 days of written notice. No debris of any kind may be placed on street right-of-way (including alleys) without a right-of-way permit.
D. Repair of any damage to, and restoration of, any public property to substantially original conditions, i.e., alley, street, sidewalk, landscaping, water meter, utilities, rockeries, retaining walls, etc.
E. Grading of Site Back to Original Topography Grades. Basements shall be filled and compacted to 90 percent to be verified by special inspector. “Structural fill” is defined as any fill placed below structures, including slabs, where the fill soils need to support loads without unacceptable deflections or shearing. Structural fill should be clean and free draining and should be placed above unyielding native site soils and compacted to a minimum of 90 percent modified proctor, per ASTM D1557.
F. Temporary erosion control is installed and maintained per Chapter 18.30 ECDC. [Ord. 3651 § 1, 2007].