Title 16
BUILDING*

Chapters:

16.04 Building Code

16.05 Energy Code

16.06 Regulations for Barrier-Free Buildings

16.07 Ventilation and Indoor Air Quality Code

16.08 Regulation and Abatement of Unsafe and Unsanitary Structures

16.09 Residential Code

16.10 Electric Code

16.14 Underground Utilities

16.16 Signs

16.20 Building Moving

16.24 Swimming Pool, Spa and Hot Tub Code

16.32 Housing Code

16.36 Repealed

16.40 Temporary Sales/Leasing Office

16.44 Abatement of Dangerous Buildings

16.46 Flood Hazard Area Regulations

16.50 Appeals

*For damaged buildings as nuisances, see LMC Title 10; for fire prevention provisions, see LMC Title 9; for plumbing, see LMC Title 15; for use of mobile homes during construction, see LMC Title 7.

Chapter 16.04
BUILDING CODE*

Sections:

16.04.010 Adoption of the International Building Code.

16.04.012 Chapter 1 – Administration, Section 101.4 IBC amended – Referenced codes.

16.04.015 Definitions.

16.04.016 Repealed.

16.04.020 Section 101.3 IBC amended – Purpose and intent.

16.04.030 Section 104.1 IBC – Powers and duties of building official.

16.04.035 Section 112 IBC amended – Appeals.

16.04.040 Section 113 IBC – Violations and penalties.

16.04.050 Repealed.

16.04.060 Section 105 IBC amended.

16.04.065 Repealed.

16.04.070 Section 105.3 IBC amended – Application for a building permit.

16.04.071 Fully complete building permit application defined.

16.04.075 Section 106.1.1 IBC amended – Signed, dated, stamped drawings required.

16.04.080 Repealed.

16.04.090 Repealed.

16.04.095 Security deposit required to move or remove building.

16.04.100 Fees.

16.04.105 Section 108.3 IBC amended – Valuation.

16.04.108 Section 110.2 – Certificate of occupancy.

16.04.110 Repealed.

16.04.120 Repealed.

16.04.130 Repealed.

16.04.140 Repealed.

16.04.150 Section 1807 IBC amended.

16.04.160 Section 3307 IBC amended.

16.04.170 Repealed.

16.04.180 Repealed.

16.04.190 Repealed.

16.04.200 Repealed.

16.04.210 Section 704 – Exterior walls.

16.04.220 Section 903.2.13 – Suppression systems.

16.04.250 Repealed.

16.04.900 Severability.

*For building code adoption by reference, see RCW 35.21.180.

16.04.010 Adoption of the International Building Code.

As amended by the provisions of this chapter and the State of Washington Building Code Council, under Chapter 51-50 WAC, the International Building Code, 2006 Edition, published by the International Code Council; together with Appendices E, G, I and J, one copy of which, along with the State of Washington Building Code Council’s amendments, shall be on file in the office of the Lynnwood finance director, are adopted by reference. (Ord. 2683 § 3, 2007; Ord. 2505 § 2, 2004; Ord. 2039 § 1, 1995; Ord. 1894 § 1, 1992; Ord. 1533 § 1, 1986)

16.04.012 Chapter 1 – Administration, Section 101.4 – Referenced Codes.

Subsection 101.4.1 of the edition of the International Building Code adopted by this chapter is amended by deletion therefrom of “ICC Electrical Code” and insertion of “NEC as adopted in LMC 16.10.”

Subsection 101.4.4 of the edition of the International Building Code adopted by this chapter is amended by deletion therefrom of “International Plumbing Code” and insertion of “Uniform Plumbing Code as adopted in LMC 16.04.”

Subsection 101.4.7 of the edition of the International Building Code adopted by this chapter is amended by deletion therefrom “International Energy Code” and insertion of “Washington State Energy Code as adopted by WAC 51-11.” (Ord. 2683 § 3, 2007)

16.04.015 Definitions.

A. Section 202 of the edition of the International Building Code adopted by this chapter is amended by adding definitions as follows:

City – City of Lynnwood.

Code – International Building Code.

Exterior Walls – Is any wall or element of a wall, or any member or group of members, which defines the exterior boundaries or courts of a Building or which has a surface in contact with the exterior atmosphere and which has a slope of 60 degrees or greater with horizontal plane.

Fire Code – International Fire Code.

Occupancy – Is the purpose for which a building, or part thereof, is used or intended to be used. Occupancy includes the installation of shelving, furniture, fixtures and appliances unless such items are included in a building permit. Occupancy also includes stocking of shelves, storage of furniture or material for sale, interviewing personnel or use for managerial duties.

B. The definition of “jurisdiction” in Section 202 of the edition of the International Building Code is amended to read as follows:

Jurisdiction – City of Lynnwood.

C. The definition of “story” is revised by adding a new sentence, the whole of which definition is amended to read as follows:

Story – That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above (also see “Basement,” “Mezzanine” and Section 502.1). It is measured as the vertical distance from top to top of two successive tiers of beams or finished floor surfaces and, for the topmost story, from the top of the floor finish to the top of the ceiling joists or, where there is not a ceiling, to the top of the roof rafters. For any portion of a basement intended for human habitation, or for assemblage of people for any purpose, or parking, such basement shall be considered a story only for the purpose of determining maximum allowable areas for the fire sprinkler requirements.

(Ord. 2683 § 3, 2007; Ord. 2505 § 2, 2004; Ord. 2039 § 2, 1995; Ord. 1894 § 2, 1992)

16.04.016 Repealed.

Repealed by Ord. 1894.

16.04.020 Section 101.3 IBC amended – Purpose and intent.

Section 101.3 of the edition of the International Building Code as adopted by this chapter is amended to read as follows:

101.3 Purpose and Intent. It is expressly the purpose of this Code to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this Code.

It is the specific intent of this Code that no provision or term used in this Code is intended to impose any duty whatsoever upon the City or any of its officers or employees for whom the implementation or enforcement of this Code shall be discretionary and not mandatory.

Nothing contained in this Code is intended to be nor shall be construed to create or form the basis of any liability on the part of the City, or its officers, employees or agents for any injury or damage resulting from the failure of a building to comply with the provisions of this Code, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval, authorized or issued or done in connection with the implementation or enforcement of this Code, or by reason of any action or inaction on the part of the City related in any manner to the enforcement of this Code by its officers, employees or agents.

(Ord. 2683 § 3, 2007; Ord. 2505 § 2, 2004; Ord. 2039 § 3, 1995; Ord. 1894 § 4, 1992; Ord. 1533 § 2, 1986)

16.04.030 Section 104.1 IBC – Powers and duties of building official.

Section 104.1 IBC of the edition of the International Building Code adopted by this chapter is amended by addition of the following:

104.1 General. For the purpose of administering and enforcing Appendix J of this Code, the Director of Public Works is appointed and designated as the Building Official with respect to all matters contained within said Appendix J.

(Ord. 2683 § 3, 2007; Ord. 2505 § 2, 2004; Ord. 2076 § 19, 1996; Ord. 2039 § 4, 1995; Ord. 1894 § 5, 1992; Ord. 1533 § 3, 1986)

16.04.035 Section 112 IBC amended – Appeals.

Section 112 IBC is deleted in its entirety and replaced with a new Section 112 to read as follows:

112.1 General. The hearing examiner shall hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code in accordance with Chapter 16.50 LMC.

112.2 Limitations on Authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The hearing examiner shall have no authority to waive requirements of this code.

(Ord. 2683 § 3, 2007; Ord. 2505 § 2, 2004)

16.04.040 Section 113 IBC – Violations and penalties.

Section 113 of the edition of the International Building Code adopted by this chapter is deleted in its entirety and replaced with a new Section 113 to read as follows:

113 Violations and Penalties: Any person, firm, or corporation violating any of the provisions of this Code shall be guilty of a misdemeanor, and each such person, firm or corporation shall be guilty of a separate offense for each and every day, or portion thereof, during which any violation of any of the provisions of this Code is committed, continued, or permitted.

It shall be unlawful for any person to remove, mutilate, destroy or conceal any lawful notice issued or posted by the building official pursuant to the provisions of this Code.

Anyone concerned in the violation or failure to comply with the provisions of this Code, whether directly committing the act or effecting the omission constituting the offense, or aiding or abetting the same, whether present or absent; and anyone who directly or indirectly counsels, encourages, hires, commands, induces or otherwise procures another to violate or fail to comply with the provisions of this Code, is and shall be guilty of a misdemeanor.

Conviction of any such misdemeanor shall be punishable by a fine of not more than $1,000 or by imprisonment for not more than 90 days, or by both such fine and imprisonment.

(Ord. 2683 § 3, 2007; Ord. 2505 § 2, 2004; Ord. 2039 § 5, 1995; Ord. 1894 § 6, 1992; Ord. 1533 § 4, 1986)

16.04.050 Section 103 UBC amended.

Repealed by Ord. 2505.

16.04.060 Section 105 IBC amended.

Section 105.2 “Building” of the edition of the International Building Code adopted by this chapter is amended to read as follows:

1. One-story detached accessory buildings used as tool and storage sheds and similar uses, provided the projected roof area does not exceed 120 square feet.

2. Fences not over six feet high as follows:

a. Vision obscuring fences as defined in Chapter 21.10 LMC in residential zones that are set back over 15 feet from front property line, over 15 feet from driveways, and 30 feet from any intersection.

b. Non-Vision obscuring fences as defined in Chapter 21.10 LMC in residential zones.

3. Oil derricks.

4. Movable cases, counters and partitions not over five feet, nine inches high.

5. Retaining walls which are not over four feet in height measured from the bottom of the footing to the top of the wall unless supporting a surcharge or impounding Class I, II or IIIA liquids.

6. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed two to one.

7. Platforms, walks and driveways not more than 30 inches above grade and not over any basement or story below.

8. Painting, papering and similar finish work.

9. Temporary motion picture, television and theater stage sets and scenery.

10. Window awnings supported by an exterior wall of Group R, Division 3, and Group U Occupancies when projecting not more than 54 inches.

11. Prefabricated swimming pools accessory to a Group R, Division 3 Occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed 5,000 gallons.

12. Swings and playground equipment accessory to one and two family dwellings.

13. Non-structural work with a value of less than $500 as determined by the Building Official.

(Ord. 2683 § 3, 2007; Ord. 2505 § 2, 2004; Ord. 2039 § 7, 1995; Ord. 1894 § 8, 1992; Ord. 1533 § 6, 1986)

16.04.065 Section 303(a) UBC amended – Permit to move or remove buildings.

Repealed by Ord. 2216.

16.04.070 Section 105.3 IBC amended – Application for a building permit.

Subsection 105.3 of the edition of the International Building Code adopted by this chapter is amended to read as follows:

Sec. 105.3 Application. To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the city of Lynnwood’s building official for that purpose. Every such application shall:

1. Identify and describe the work to be covered by the permit for which application is made;

2. Describe the land on which the proposed work is to be done by legal description and/or parcel number(s). Street address or similar description, if available, shall be provided to readily identify and definitely locate the proposed building or work;

3. Indicate the proposed use or occupancy for which the application is intended;

4. Be accompanied by plans, diagrams, computations, specifications and other data as required by Section 106 IBC, which also meet the applicable requirements of LMC 16.04.075;

5. State the valuation of any new building or structure or any addition, remodeling or alteration to an existing building, in accordance with the provisions of LMC 16.04.105;

6. Provide such information and evidence as is required by current State law to be furnished in connection with an application for a building permit or as a prerequisite to the issuance of a building permit;

7. Provide such other data and information as may be required by the building official;

8. Be signed by the applicant, or the applicant’s authorized agent.

9. When a contractor is to perform the work, its name, address and current Washington State contractor’s license number and city business license number.

Section 105.3 of the IBC as adopted by this chapter is amended by addition of the following:

105.3.1.1 Actions on Applications. The following prerequisites shall be met prior to issuance of a building permit.

1. Any requirements or regulations imposed on a project as a condition of land use approval process.

2. The landscape plans have been approved.

3. If required all fire apparatus roads have been approved.

4. When not already available the water supplied for fire protection are installed and made serviceable.

5. Address(es) is/are as assigned by the City of Lynnwood.

6. Plans in compliance with LMC 12.12 related to the construction of frontage improvements for curb, gutter, sidewalks, city utilities and street surfacing have been submitted and approved by the Public Works Department.

7. When required submittals shall have been made for compliance with LMC 16.46 (Flood Plains), 17.02 (SEPA), 17.10 (Sensitive Areas), 19.00 (Platting) and 21.25 (Project Design Review).

(Ord. 2683 § 3, 2007; Ord. 2505 § 2, 2004; Ord. 2216 § 9, 1998; Ord. 1914 § 1, 1992; Ord. 1894 § 9, 1992)

16.04.071 Fully complete building permit application defined.

Section 105.3 of the edition of the International Building Code as adopted in this chapter is amended by adding a new Subsection 105.3.3 to read as follows:

105.3.3 To constitute a fully complete application for a building permit:

1. The application shall be in compliance with all provisions of Section 105.3 of the edition of the International Building Code as adopted and amended by this jurisdiction; and

2. If the applicant is a contractor required to be registered under Chapter 18.27 RCW, as now existing or hereafter amended, said contractor shall have been so registered at the time he submitted his application to the city’s building official; and

3. The applicant shall have paid any industrial insurance premiums if required to do so by the State’s Department of Labor and Industries at the time he submits his application to the building official or the applicant shall have been qualified as a self-insurer.

4. The applicant shall also pay, at the time of application, any and all city fees that are required to be paid at the time that the application is submitted.

(Ord. 2683 § 3, 2007; Ord. 2505 § 2, 2004; Ord. 2216 § 9, 1998)

16.04.075 Section 106.1.1 IBC amended – Signed, dated, stamped drawings required.

Section 106.1.1 of the edition of the International Building Code as adopted in this chapter is amended by addition of new paragraphs to read as follows:

Section 106.1.1. All applications for building permits shall be accompanied by construction drawings signed, dated, and sealed or stamped on each individual page by a registered architect or professional engineer in accordance with Chapters 18.08 or 18.43 RCW, as now existing or hereafter amended, revised, recodified or re-enacted, unless exempted by RCW 18.08.410 or 18.43.130, as now existing or hereafter amended, revised, recodified or re-enacted. Applications that do not comply with this section shall not be accepted or processed by the building official.

Section 106.1.1.1. All fire suppression (sprinkler) drawings shall be stamped by a fire sprinkler engineer as required by state law.

(Ord. 2683 § 3, 2007; Ord. 2505 § 2, 2004; Ord. 2216 § 10, 1998; Ord. 1894 § 10, 1992)

16.04.080 Repealed.

Repealed by Ord. 2039.

16.04.090 Section 109.1 UBC amended.

Repealed by Ord. 2505.

16.04.095 Security deposit required to move or remove building.

Section 3408 of the edition of the International Building Code adopted by this chapter is amended by adding a new paragraph thereto, to read as follows:

Section 3408.2. For a building being moved or removed, $2,000 cash security will be required to the effect that the site from which the building is being moved or removed has been cleared of all debris, concrete foundation, etc., and left in a tidy condition; provided, however, that the building official may waive said security deposit if, for the property, there is in force and effect an active building permit or an active fill and grading permit for which the applicable bonds have been posted. Waiver of the security deposit does not constitute waiver of the duty to restore the site as herein provided. Restoration of the site must be accomplished within 30 days from the date of issuance of the permit. The sanitary sewer is required to be capped at the property line prior to issuance of the permit to move or remove the building from any site in the city of Lynnwood.

(Ord. 2683 § 3, 2007; Ord. 2505 § 2, 2004; Ord. 2216 § 13, 1998; Ord. 1914 § 4, 1992)

16.04.100 Fees.

Fees shall be set forth in an ordinance adopted and from time to time amended by the city council. (Ord. 2699 § 23, 2007; Ord. 2683 § 3, 2007; Ord. 2588 § 4, 2005; Ord. 2505 § 2, 2004; Ord. 2216 § 14, 1998; Ord. 2039 § 11, 1995; Ord. 1894 § 13, 1992; Ord. 1533 § 9, 1986)

16.04.105 Section 108.3 IBC amended – Valuation.

Section 108.3 of the IBC as adopted by this chapter is deleted and replaced with a new Section 108.3 to read as follows:

The building official shall establish the valuation of construction projects for which fees are specified in the city council fee resolution.

Said valuation shall be determined by using the construction cost or a nationally recognized value calculation system or table, in the discretion of the building official.

(Ord. 2683 § 3, 2007; Ord. 2505 § 2, 2004; Ord. 2216 § 15, 1998; Ord. 2039 § 12, 1995; Ord. 1894 § 14, 1992)

16.04.108 Section 110.2 – Certificate of occupancy.

Section 110.2 of the IBC as adopted by this chapter is amended by deletion of the first paragraph and replacement with the following:

110.2. Certificate Issued. After the Building Official inspects the building or structure and finds no violations of the provisions of this code or other ordinances enforced by the City of Lynnwood, the Building Official

shall issue a Certificate of Occupancy containing the following information:

(Ord. 2683 § 3, 2007)

16.04.110 Section 216-O UBC – “Occupancy” defined.

Repealed by Ord. 2505.

16.04.120 Section 220-S UBC amended.

Repealed by Ord. 2505.

16.04.130 Section 224-W UBC amended.

Repealed by Ord. 2505.

16.04.140 Repealed.

Repealed by Ord. 1894.

16.04.150 Section 1807 IBC amended.

Section 1807 of the edition of the International Building Code adopted by this chapter is amended by a new subsection to read as follows:

1807.4.4 Water Drainage. When brought to his attention that a water drainage problem or a potential water drainage problem exists on any lot or parcel of land, the building official may require the owner or builder to correct such problem or to submit plans showing the proposed method to correct such problem. The plan shall indicate in sufficient detail all pipes, ditches or other means of alleviating the water drainage problem such that the water will not damage any public or private property. If the building official does not approve the drainage plan, he then may require a drainage study to be conducted by a licensed professional engineer. The building official shall approve water drainage plans or drainage studies in writing. No new construction may commence or continue in the area that may be affected by the potential water drainage problem. In all such occurrences, said corrective work shall commence within 30 days and be completed within 60 days after receipt of this notice from the building official. For the purpose of administering this subsection, the director of public works is appointed and designated as the building official.

(Ord. 2683 § 3, 2007; Ord. 2505 § 2, 2004; Ord. 2039 § 16, 1995; Ord. 1894 § 19, 1992; Ord. 1533 § 15, 1986)

16.04.160 Section 3307 IBC amended.

Section 3307 of the edition of the International Building Code adopted by this chapter is amended by adding thereto a new section, to read as follows:

Section 3307.2. Cleanup of Public Streets. Public streets adjacent to the property upon which the building permit is issued and other public streets which are used for conveyance of materials incorporated into the construction work, including excavated earth, either to or from the site, shall be kept clean with a power broom or other approved means. Wheels of trucks including the space between dual treads shall be cleaned before entering City rights-of-way. The cleanup shall include the flushing of storm sewer when required by the building official. For the purpose of administering this subsection, the director of public works is appointed and designated as the building official.

The building official may stop work of the building permit for violation of this section.

(Ord. 2683 § 3, 2007; Ord. 2505 § 2, 2004; Ord. 2039 § 17, 1995; Ord. 1894 § 20, 1992; Ord. 1533 § 17, 1986)

16.04.170 Repealed.

Repealed by Ord. 2039.

16.04.180 Section 5506 UBC added – Membrane structures.

Repealed by Ord. 2216.

16.04.190 Section 3305(e) UBC amended – Access to exits.

Repealed by Ord. 2216.

16.04.200 Restriction of building permits – Over one acre.

Repealed by Ord. 2216.

16.04.210 Section 704 – Exterior walls.

Section 704.5 of the edition of the International Building Code as adopted by this chapter is amended to read as follows:

704.5 Fire-Resistive Ratings. Exterior wall greater than five feet from property lines shall be rated in accordance with Tables 601 and 602. Exterior walls five feet or closer to the property line shall be two hour fire resistive construction or per Tables 601 and 602 whichever is the greatest required protection.

(Ord. 2683 § 3, 2007; Ord. 2505 § 2, 2004)

16.04.220 Section 903.2.13 – Suppression systems.

Section 903.2.13 of the edition of the International Building Code as adopted in this chapter is amended by addition of subsection 903.2.13.1 to read as follows:

903.2.13.1 Other suppression system requirements. In addition to all other requirements of this code all buildings or structures with floor area on all floors of 6,000 square feet or greater shall have an approved suppression system throughout per IBC section 903.3 and LMC 9.04.090.E.1 (fire code).

Exceptions: 1. U occupancies. 2. Open parking garages of Type I construction. 3. All buildings and structures built under the International Residential Code as adopted in LMC 16.09.

(Ord. 2683 § 3, 2007)

16.04.250 Restricting issuance of permits.

Repealed by Ord. 2683. See amended IBC Section 105.3.1.1. (Ord. 2505 § 2, 2004; Ord. 278 § 2, 1966)

16.04.900 Severability.

If any section, sentence, clause or phrase of this chapter be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this chapter. (Ord. 2683 § 3, 2007; Ord. 2505 § 2, 2004; Ord. 1894 § 23, 1992; Ord. 1533 § 20, 1986)

Chapter 16.05
ENERGY CODE

Sections:

16.05.010 Washington State Energy Code.

16.05.020 Violations and penalties.

16.05.900 Severability.

16.05.010 Washington State Energy Code.

The “Washington State Energy Code,” Chapter 51-11 WAC, is adopted by reference and one copy shall be on file with the Lynnwood finance director. (Ord. 2505 § 3, 2004; Ord. 2217 § 3, 1998)

16.05.020 Violations and penalties.

Section 106 of the edition of the Washington State Energy Code adopted by this chapter is amended by adding a new paragraph to read as follows:

Violations and Penalties: Any person, firm, or corporation violating any of the provisions of this Code shall be guilty of a misdemeanor, and each such person, firm or corporation shall be guilty of a separate offense for each and every day, or portion thereof, during which any violation of any of the provisions of this Code is committed, continued, or permitted.

Anyone concerned in the violation or failure to comply with the provisions of this Code, whether indirectly committing the act or effecting the omission constituting the offense, or aiding or abetting the same, whether present or absent; and anyone who directly or indirectly counsels, encourages, hires, commands, induces or otherwise procures another to violate or fail to comply with the provisions of this Code, is and shall be guilty of a misdemeanor.

Conviction of any such misdemeanor shall be punishable by a fine of not more than $1,000 or by imprisonment for not more than 90 days, or by both such fine and imprisonment.

(Ord. 2505 § 3, 2004)

16.05.900 Severability.

If any section, subsection, paragraph, sentence, clause, phrase or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, paragraph, sentence, clause, phrase or word of this chapter. (Ord. 2505 § 3, 2004; Ord. 2217 § 5, 1998; Ord. 1748 § 7, 1990)

Chapter 16.06
REGULATIONS FOR BARRIER-
FREE BUILDINGS

Sections:

16.06.010 Adoption.

16.06.020 Citation of code.

16.06.030 Conflicting regulations.

16.06.010 Adoption.

The Regulations for Barrier-Free Facilities as required by the Washington State Building Code, Chapter 19.27 RCW, and currently adopted by the Washington State Building Code Council under Chapter 51-50 WAC, one copy of which is on file in the office of the city clerk of Lynnwood as amended and modified by the provisions of this chapter, is adopted and by this reference made a part of the Lynnwood Municipal Code as fully as though herein set forth at length, and the several sections and provisions as numbered and classified therein shall constitute the same numbers, titles and classifications of this chapter. (Ord. 2505 § 4, 2004; Ord. 1173 § 1, 1981)

16.06.020 Citation of code.

The regulations of the barrier-free facilities with additions thereto or deletions therefrom are declared to be the barrier-free code of the city of Lynnwood, and may be cited as such. (Ord. 2505 § 4, 2004; Ord. 1173 § 3, 1981)

16.06.030 Conflicting regulations.

This chapter supersedes any ordinances and other provisions of the Lynnwood Municipal Code in conflict therewith. (Ord. 2505 § 4, 2004; Ord. 1173 § 2, 1981)

Chapter 16.07
VENTILATION AND INDOOR
AIR QUALITY CODE

Sections:

16.07.010 Ventilation and indoor air quality code.

16.07.020 Violations and penalties.

16.07.900 Severability.

16.07.010 Ventilation and indoor air quality code.

The “Washington State Ventilation and Indoor Air Quality Code,” Chapter 51-13 WAC, is adopted by reference and one copy shall be on file with the Lynnwood finance director. (Ord. 2505 § 5, 2004; Ord. 2217 § 4, 1998)

16.07.020 Violations and penalties.

Section 107 of the edition of the Washington State Ventilation and Indoor Air Quality Code adopted by this chapter is amended by adding a new Section 107.2 to read as follows:

107.2 Violations and Penalties: Any person, firm, or corporation violating any of the provisions of this Code shall be guilty of a misdemeanor, and each such person, firm or corporation shall be guilty of a separate offense for each and every day, or portion thereof, during which, any violation of any of the provisions of this Code is committed, continued, or permitted.

Anyone concerned in the violation or failure to comply with the provisions of this Code, whether directly committing the act or effecting the omission constituting the offense, or aiding or abetting the same, whether present or absent; and anyone who directly or indirectly counsels, encourages, hires, commands, induces or otherwise procures another to violate or fail to comply with the provisions of this Code, is and shall be guilty of a misdemeanor.

Conviction of any such misdemeanor shall be punishable by a fine of not more that $1,000 or by imprisonment for not more than 90 days, or by both such fine and imprisonment.

(Ord. 2505 § 5, 2004)

16.07.900 Severability.

If any section, subsection, paragraph, sentence, clause, word or phrase of this chapter should be held invalid or unconstitutional by a court of competent jurisdiction such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, subsection, paragraph, sentence, clause, word, or phrase of this chapter. (Ord. 2505 § 5, 2004; Ord. 2217 § 5, 1998)

Chapter 16.08
REGULATION AND ABATEMENT OF UNSAFE AND UNSANITARY STRUCTURES

Sections:

16.08.200 Purpose and findings.

16.08.210 Definitions.

16.08.220 Duties of the director.

16.08.230 Unfit buildings.

16.08.240 Substandard buildings.

16.08.250 Nuisances.

16.08.260 Complaint.

16.08.270 Hearings before the hearing examiner.

16.08.290 Enforcement.

16.08.300 Costs.

16.08.310 Permit required.

16.08.320 Rules and regulations.

16.08.330 Violations.

16.08.340 Emergencies.

16.08.200 Purpose and findings.

The city council of the city of Lynnwood finds that unkempt, unsafe, unsanitary, and otherwise improperly maintained premises and structures, sidewalks, and easements within the city of Lynnwood, in addition to the obvious hazards which these conditions pose to the public health, safety, and welfare, adversely effect the value, utility, and habitability of the property within the city as a whole and specifically cause substantial damage to adjoining and nearby property. A property which is merely unkempt, may substantially reduce the value of adjoining and nearby property and there are sufficient properties which are unkempt, unsightly and dangerous, that the habitability and economic well-being of the city are materially and adversely affected. This chapter conveys to the city administration, in accordance with the procedures set out below, all necessary and proper powers to abate nuisances as they are described or found to exist and to charge the costs of their abatement to those responsible, the owners and occupants of the property upon which nuisances exists, and those properties themselves. This chapter is an exercise of the city’s police power, and it shall be liberally construed to effect this purpose. (Ord. 2012 § 1, 1994)

16.08.210 Definitions.

Unless specifically defined below or unless context clearly requires a different meaning, terms used in this chapter have the meaning given them by the currently adopted edition of the Uniform Building Code. Gender and number are interchangeable. Defined terms or concepts from this title generally apply to this chapter.

A. “Abandoned” means any property, real or personal, which is unattended and either open or unsecured so that admittance may be gained without damaging any portion of the property, or which evidences indicate that no person is presently in possession, e.g., disconnected utilities, accumulated debris, uncleanliness, disrepair and, in the case of chattels, location. Length of time or any particular state of mind of the owner or person entitled to possession are not conclusive in determining that property is abandoned.

B. “Boarded-up building” means any building the exterior openings of which are closed by extrinsic devices or some other manner designed or calculated to be permanent, giving to the building the appearance of non-occupancy or non-use for an indefinite period of time.

C. “Building” means any building, dwelling, structure, or mobile home, factory-built house, or part thereof, built for the support, shelter or enclosure of persons, animals, chattels, or property of any kind.

D. “Director” means the applicable director of a city department, that director’s authorized deputies and representative.

E. “Health officer” means the head of the Snohomish District health department, his authorized deputies or representatives.

F. “Nuisance” includes:

1. A nuisance defined by statute or ordinance;

2. A nuisance at common law either public or private;

3. An attractive nuisance, whether in or on a building, a building premises or an unoccupied lot and whether realty, fixture or chattel, which might reasonably be expected to attract children of tender years and constitute a danger to them; including, but not limited to, abandoned wells, ice boxes or refrigerators with doors and latches, shafts, basements or other excavations, abandoned or inoperative vehicles or other equipment, structurally unsound fences or other fixtures, lumber, fencing, vegetation or other debris;

4. Uncleanliness or whatever is dangerous to human life or detrimental to health; or

5. Abandonment or vacancy.

G. “Owner” means any person having any interest in the real estate in question as shown upon the records of the office of the Snohomish County auditor, or who establishes his interest before the director or hearing examiner. For the purpose of giving notice, the term “owner” also includes any person in physical possession. (Ord. 2012 § 1, 1994)

16.08.220 Duties of the director.

The director is the chief administrative officer for the purposes of this chapter, whose duties and powers include:

A. Investigation of all buildings and premises for which there are reasonable grounds to believe such may be unfit, substandard, boarded up, or a nuisance;

B. Preparation, service and posting of complaints against buildings or premises believed to be in violation; and

C. Doing all things necessary and proper to carry out and enforce this chapter. (Ord. 2012 § 1, 1994)

16.08.230 Unfit buildings.

A. In reaching a judgment that a building is unfit for human habitation, the director or the hearing examiner shall consider:

1. Dilapidation;

2. Disrepair;

3. Structural defects;

4. Defects increasing the hazards of fire, accidents or other calamities, such as parts standing or attached in such manner as to be likely to fall and cause damage or injury;

5. Inadequate ventilation;

6. Uncleanliness;

7. Inadequate light;

8. Inadequate sanitary facilities;

9. Inadequate drainage;

10. Substandard conditions.

B. If these or other conditions are found to exist to an extent dangerous or injurious to the health or safety of the building’s occupants, or the occupants of neighboring buildings or of other residents of the city of Lynnwood, and if:

1. Structural deterioration is of such degree that:

a. Vertical members list, lean or buckle to the extent that a plumb line passing through the center of gravity falls outside the middle third of its base; or

b. Thirty-three percent of the supporting members show damage or deterioration; or

2. The cost of restoration exceeds 60 percent of the value of the building; or

3. The building has been damaged by fire or other calamity, the cost of restoration exceeds 30 percent of the value of the building and it has remained vacant for six months or more;

the director or the hearing examiner shall order the building or premises demolished and the land suitably filled and cleared, or shall order the property immediately vacated and secured as completely as possible pending demolition. (Value shall be determined by reference to a current edition of “Building Valuation Data” published by the International Conference of Building Officials or, if not published, as determined by the director. Cost of restoration is the actual estimated cost, which may be determined in the same manner as “value.”)

C. An undertaking entered into at or prior to the hearing by a party in interest creates a presumption that the building or premises can be reasonably repaired. The failure to accomplish such an undertaking is grounds for the director or the hearing examiner to order demolition. If by reason of any of the above conditions a building is unfit, but no public necessity is found for its immediate demolition, the director or the hearing examiner may take other action, such as causing the property to be cleaned, cleared, vacated, secured or otherwise repaired, which will promote the public health, safety or general welfare. (Ord. 2010 § 1, 1994)

16.08.240 Substandard buildings.

A. In reaching a judgment that a building or premises is substandard, the director and the hearing examiner shall be guided by such factors as:

1. Structural unsoundness;

2. Improper sanitation;

3. Improper safety;

4. Improper weatherproofing;

5. Defective or hazardous wiring, including wiring which:

a. Did not conform with law applicable at the time of installation; or

b. Has not been maintained in good condition; or

c. Is not being used in a safe manner;

6. Defective or hazardous plumbing, including plumbing which:

a. Did not conform with law applicable at the time of installation; or

b. Has not been maintained in good condition; or

c. Is not being used in a safe manner;

7. Defective or hazardous heating or ventilating equipment, including equipment, vents and piping which:

a. Did not conform with law applicable at the time of installation; or

b. Has not been maintained in good and safe condition;

8. Fire hazard, including any building, device, apparatus, equipment, combustible waste or debris, or vegetation which may cause fire or explosion or provide ready fuel to augment the spread or intensity thereof;

9. Nuisance.

B. Upon a finding by the director or hearing examiner that a building or premises is substandard, the director or hearing examiner shall order the building or premises repaired, cleaned, cleared or otherwise brought into compliance with current codes, and may order the property vacated and secured as completely as possible pending such repair or other action. (Ord. 2012 § 1, 1994)

16.08.250 Nuisances.

A. In determining that a nuisance exists, the director and the hearing examiner will consider whether the conditions:

1. Injure, endanger or unreasonably annoy the comfort, repose, health or safety of others;

2. Offend decency;

3. Offend the senses;

4. Unlawfully interfere, obstruct, tend to obstruct or endanger the passage of any stream, park, parkway, square, street, sidewalk, easement or way;

5. Render others insecure in life or use of property;

6. Obstruct the full use of property so as to essentially interfere with the comfortable enjoyment of life or property;

7. Constitute a weed hazard;

8. Violate any provision of this code, especially LMC Titles 7, 10, and 16; or

9. Are unlawful or illegal.

B. If the director or hearing examiner finds a nuisance to exist, they shall order it abated and may order the property otherwise secured ending abatement. (Ord. 2012 § 1, 1994)

16.08.260 Complaint.

If, after a preliminary investigation of any building or premises, the director finds that it is unfit, substandard, boarded-up, required to be boarded-up, or a nuisance; he shall cause the owners to be served, either personally or by first class and certified mail with return receipt requested and shall post in a conspicuous place on such property, a complaint stating in what respect such building is unfit for human habitation or other use or is substandard or that it is or should be a boarded-up building or that the premises is a nuisance. If the whereabouts of such person is unknown and cannot be ascertained by the director in the exercise of reasonable diligence, he shall make an affidavit to that effect, then the serving of such complaint or order upon such person may be made either by personal service or by mailing a copy of the notice and orders by certified mail, postage prepaid, return receipt requested, to each person at the address appearing on the last equalized tax assessment roll of the county, or at the address known to the county assessor. A copy of the notice and order shall also be mailed, addressed to each person or party having a recorded right, title, estate, lien, or interest in the property. Such complaint shall contain a notice that a hearing will be held before the hearing examiner at a place therein fixed, not less than 10 days nor more than 30 days after the service of such complaint; that all parties in interest shall be given the right to file an answer to the complaint, and to appear in person or otherwise and give testimony at the time and place fixed in the complaint. A copy of such complaint shall also be filed with the auditor of Snohomish County, and such filing of the complaint and order shall have the force and effect of lis pendens. (Ord. 2012 § 1, 1994)

16.08.270 Hearings before the hearing examiner.

A. Unless, prior to the time fixed for hearing in the complaint issued by the hearing examiner, arrangements satisfactory to the hearing examiner for the repair, demolition, vacation or reoccupancy of the building or premises are made, including the proper application for permits, or abatement of the nuisance, the hearing examiner shall hold a hearing in accordance with Process II, LMC 1.35.200 et seq., and this chapter for the purpose of determining the immediate disposition of the building or premises. The hearing examiner shall determine whether or not the building is an unfit building as defined by LMC 16.08.230, or whether the building is a substandard or boarded-up building as defined by LMC 16.08.230 and 16.08.240, or if the condition is a nuisance under LMC 16.08.250. The rules of evidence prevailing in courts of law or equity shall not be controlling at the hearing before the hearing examiner. Evidence, including hearsay evidence, is admissible if in the judgment of the hearing examiner it is the kind of evidence on which reasonably prudent persons are accustomed to rely in the conduct of their affairs.

B. The hearing examiner shall determine whether or not the building should be repaired or vacated in the event that it fails to comply with any provision or provisions of LMC 16.08.230 or 16.08.240, whether or not the building should be demolished based upon the specific requirements of LMC 16.08.230, whether an annual inspection fee is due or a building should be boarded-up or whether or not a nuisance should be abated under LMC 16.08.250.

C. If, after the required hearing, the hearing examiner determines that the building is unfit, substandard or boarded-up, or the condition of the building or premises is a nuisance, the examiner shall state in writing his or her findings of fact in support of such determination, and shall issue and cause to be served upon the owner and other appearing a copy of such findings in the manner provided in LMC 16.08.260. The examiner shall cause to be posted an order in a conspicuous place on said property:

1. Requiring the owner or party in interest, within the time specified in the order, to repair, alter or improve such building to render it fit for human habitation or for other use, and to vacate and close the building; or

2. Requiring the owner or party in interest, within the time specified in the order, to repair, alter or improve such building to render it fit for human habitation or for other use, or to vacate and close the building; or

3. Stating that an annual inspection fee has been assessed against the building until such time as it is reoccupied or demolished; or

4. Requiring the owner or party in interest to abate the nuisance and setting out generally those steps necessary to abate it, including boarding-up an abandoned or vacant building. In addition, such order shall state that the owner has the right to appeal to the superior court in accordance with RCW 1.35.260 and, unless he does appeal or comply with the order, the city shall have the power, without further notice or proceedings, to vacate and secure the building or premises and do any act required of the owner in the order of the hearing examiner, and to charge any expenses incurred thereby to the owner and assess them against the property; provided, that if an annual inspection fee is the only order made by the hearing examiner, the addition to the notice need only state that unless the fee is paid or arrangements for payment are made or an appeal filed, that amount will be assessed against the property.

D. If no appeal is filed, a copy of such order shall be filed with the auditor of Snohomish County and shall be a final order. (Ord. 2012 § 1, 1994)

16.08.290 Enforcement.

A. The order of the director or the hearing examiner may prescribe times within which demolition shall be commenced or completed. If the action is not commenced or completed within the prescribed time, or if no time is prescribed within the time for appeal, the director may cause the building to be demolished and the premises to be suitably filled and cleared. If satisfactory progress has been made and sufficient evidence is presented that the work will be completed within a reasonable time, the director or the hearing examiner may extend the time for completion of the work. If satisfactory or substantial progress has not been made, the director or the hearing examiner may cause the building to be demolished and the premises suitably filled and cleared.

B. If other action ordered by the director or the hearing examiner is not taken within the time prescribed, or if no time is specified within the time for appeal, the director or the hearing examiner may cause the action to be taken by the city.

C. If the director or the hearing examiner deems it necessary to have the building secured as an interim measure for the protection of the public health and welfare while pending action, they may so order. If the owner is unable or unwilling to secure the building within 48 hours, the director or the hearing examiner may order the building secured by the city.

D. If the owner is unable to comply with the director or hearing examiner’s order within the time required, and the time for petition to the superior court has passed, the owner may, for good and sufficient cause beyond his or her control, request in writing an extension of time. The director or the hearing examiner may grant a reasonable extension of time after a finding that the delay was for good and sufficient cause. There shall be no appeal or petition from the director’s or the hearing examiner’s ruling on an extension of time. (Ord. 2012 § 1, 1994)

16.08.300 Costs.

A. 1. The costs of abatement, repair, alteration or improvements, or vacating and closing, or removal or demolition, when borne by the city, shall be assessed against the real property upon which such costs were incurred unless paid. The director or the hearing examiner shall forward such costs to the city treasurer, who shall certify them to the county treasurer for assessment on the tax rolls in accordance with Chapter 35.80 RCW.

2. When necessary, bids for demolition shall be bet only to a licensed contractor. All contract documents shall provide that the value of the materials and other salvage of the property shall be credited against the costs of the demolition. The contract documents may require the contractor to estimate the salvage value of the property and, by claiming the salvage, reduce the amount of his price accordingly. The contract price fixed by acceptance of the contract shall not be adjusted to reflect the actual salvage value. Such contracts may be let prior to the time for compliance or appeal, but shall not be binding or accepted until the order for demolition is final. The director shall have the authority to sign the contract on behalf of the city.

3. There shall be charged against the owner and assessed against the property of any boarded-up building an annual inspection fee as shown in Chapter 3.104 LMC.

a. Such fee shall be payable at the time the building becomes a boarded-up building. The hearing examiner or director shall order a refund of the proportional amount not due if the building is reoccupied or demolished. Subsequent annual fees shall be payable on or before the preceding annual fee has been exhausted.

b. The director or the hearing examiner may waive the inspection fee if the building does not remain a boarded-up building for more than six months. In other cases, the director or hearing examiner may reduce or modify the time and method of payment of the fee as the condition of the property or the circumstances of the owner may warrant.

B. 1. Whenever a building is found to be unfit or substandard or a premises to be a nuisance and the cost of demolition, repair or abatement must be borne by the city, there shall be charged against the owner and assessed against the property the costs for all administrative proceedings before the director and the hearing examiner including salaries, wages, material and other expenses incurred for inspecting, conducting hearings, or otherwise determining the status of the property.

2. The director or the hearing examiner may modify the time or methods of payment of such expenses as the condition of the property and the circumstances of the owner may warrant. In cases of extreme hardship, such expenses may be waived. (Ord. 2656 §§ 1, 2, 2006; Ord. 2012 § 1, 1994)

16.08.310 Permit required.

Any work including construction, repairs or alterations under this chapter to rehabilitate any building or structure may require a permit in accord with the provisions of this code. (Ord. 2012 § 1, 1994)

16.08.320 Rules and regulations.

The director may make and promulgate such rules and regulations as will effectuate the purposes of this chapter and do substantial justice. (Ord. 2012 § 1, 1994)

16.08.330 Violations.

It shall be unlawful and a violation of this chapter to knowingly:

A. Occupy or suffer to be occupied any building or premises ordered vacated;

B. Fail to comply with any order issued pursuant to this chapter; or

C. Obstruct any officer or agent of the city of Lynnwood or other governmental unit in the enforcement of this chapter. Violation of this section is a gross misdemeanor. (Ord. 2012 § 1, 1994)

16.08.340 Emergencies.

The provisions of this chapter shall not prevent the director or any other officer of the city of Lynnwood or other governmental unit from taking any other action, summary or otherwise, necessary to eliminate or minimize an imminent danger to the health or safety of any person or property. (Ord. 2012 § 1, 1994)

Chapter 16.09
RESIDENTIAL CODE

Sections:

16.09.010 Adoption.

16.09.020 Section R101.3 – Purpose and intent.

16.09.025 Section R102.7.2 of Chapter 51-51 WAC amended – Moved buildings.

16.09.030 Section R104 – Powers and duties of the building official.

16.09.040 Section R105 – Permits.

16.09.050 Section R108 – Fees and values.

16.09.060 Section R109 IRC – Inspections.

16.09.065 Section R110.3 – Certificate of occupancy.

16.09.070 Section R112 IRC – Appeals.

16.09.080 Section R113 IRC – Violations.

16.09.090 Section R202 – Definitions.

16.09.100 Table R301.2(1) – Climate and geographical design criteria.

16.09.900 Severability.

16.09.010 Adoption.

As amended by this chapter and the State of Washington Building Code Council under Chapter 51-51 WAC, the International Residential Code (IRC) 2006 Edition published by the International Code Council except Chapters 11 and 25-42, one copy of which, along with the State of Washington Building Code Council Amendments, shall be on file in the office of the Lynnwood finance director, is adopted by reference. (Ord. 2683 § 4, 2007; Ord. 2505 § 6, 2004)

16.09.020 Section R101.3 – Purpose and intent.

Section R101.3 of the IRC as adopted by this chapter is deleted and replaced with a new Section R101.3 to read as follows:

It is expressly the purpose of this Code to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this Code.

It is the specific intent of this Code that no provision or term used in this Code is intended to impose any duty whatsoever upon the City or any of its officers or employees for whom the implementation or enforcement of this Code shall be discretionary and not mandatory. Nothing contained in this Code is intended to be nor shall be construed to create or form the basis of any liability on the part of the City, or its officers, employees or agents for any injury or damage resulting from the failure of a building to comply with the provisions of this Code, or by reason or in consequence of any inspection, notice, order, certificate, permission, or approval authorized or issued or done in connection with the part of the City related in any manner to the enforcement of this Code by its officers, employees or agents.

(Ord. 2683 § 4, 2007; Ord. 2505 § 6, 2004)

16.09.025 Section R102.7.2 of Chapter 51-51 WAC amended – Moved buildings.

Section R102.7.2 of the IRC as adopted by the state of Washington in Chapter 51-51 WAC is amended by deletion of Exceptions 1 and 2 and the last paragraph. (Ord. 2683 § 4, 2007)

16.09.030 Section R104 – Powers and duties of the building official.

Section R104.1 of the IRC as adopted by this chapter is deleted and replaced with a new Section R104.1 to read as follows:

Subsection 104.1 General. The building official is hereby authorized to enforce all the provisions of this Code. For the purpose of administering and enforcing Appendix J of the International Building Code, the director of public works is appointed and designated as the building official with respect to all matters contained within Appendix J.

The building official shall have the power to render interpretations of this Code and to adopt and enforce rules and regulations supplemental to this Code as he may deem necessary in order to clarify the application of the provisions of this Code. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this Code.

(Ord. 2683 § 4, 2007; Ord. 2505 § 6, 2004)

16.09.040 Section R105 – Permits.

A. Section R105.2 of the IRC as adopted by this chapter is amended by revising the buildings exempt from permit to read as follows:

Building:

1. One story detached accessory structures, provided the floor area does not exceed 120 square feet.

2. Fences not over six feet high as follows:

a. Vision obscuring fences as defined in Chapter 21.10 LMC in residential zones that are set back over 15 feet from front property line, over 15 feet from driveways, and 30 feet from any intersection;

b. Non-vision obscuring fences as defined in Chapter 21.10 LMC in residential zones.

3. Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge.

4. Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2 to 1.

5. Decks, sidewalks and driveways not more than 30 inches above adjacent grade and not over any basement or story.

6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work.

7. Prefabricated swimming pools that are less than 24 inches deep.

8. Swings and other playground equipment accessory to a one- or two-family dwelling.

9. Window awnings supported by an exterior wall which do not project more than 54 inches from the exterior wall and do not require additional support.

10. Non-structural work valued less than $300.00 dollars by the Building Official.

B. Section R105.3.1 of the IRC as adopted by this chapter is amended by addition of the following:

R105.3.1.1. The following prerequisites shall be met prior to issuance of a building permit.

1. Any requirements or regulations imposed on a project as a condition of land use approval process.

2. If required all fire apparatus roads have been approved.

3. When not already available the water supplied for fire protection are installed and made serviceable.

4. Address(es) is/are as assigned by the City of Lynnwood.

5. Plans in compliance with LMC 12.12 related to the construction of frontage improvements for curb, gutter, sidewalks, city utilities and street surfacing have been submitted and approved by the Public Works Department.

6. When required submittals shall have been made for compliance with LMC 16.46 (Flood Plains), 17.02 (SEPA), 17.10 (Sensitive Areas) and 19.00 (Platting).

(Ord. 2683 § 4, 2007; Ord. 2505 § 6, 2004)

16.09.050 Section R108 – Fees and values.

A. Section R108.2 of the IRC as adopted by this chapter is deleted and replaced with a new Section R108.2 to read as follows:

R108.2 Fees shall be set forth in a fee ordinance adopted, and from time to time amended, by the city council. Value of work shall include all costs related to construction and shall be set by the Building Official using a nationally recognized value table.

B. Sections R108.3, R108.4 and R108.5 of the IRC adopted by this chapter are deleted in their entirety. (Ord. 2699 § 24, 2007; Ord. 2683 § 4, 2007; Ord. 2505 § 6, 2004)

16.09.060 Section R109 IRC – Inspections.

Section R109.1 of the IRC as adopted by this chapter is amended by addition of subsection R109.1.7 as follows:

R109.1.7. The building official shall provide by policy a list of required inspections. The list of inspections may be amended as needed to assure construction in compliance with the adopted Codes.

(Ord. 2683 § 4, 2007; Ord. 2505 § 6, 2004)

16.09.065 Section R110.3 – Certificate of occupancy.

Section R110.3 of the IRC as adopted by this chapter is amended by deletion of the first paragraph and replacement with the following:

R110.3. Certificate Issued. After the Building Official inspects the building or structure and finds no violations of the provisions of this code or other ordinances enforced by the City of Lynnwood, the Building Official shall issue a Certificate of Occupancy containing the following information:

(Ord. 2683 § 4, 2007)

16.09.070 Section R112 IRC – Appeals.

Section R112 IRC is deleted in its entirety and replaced with a new Section R112 to read as follows:

R112.1 General. The hearing examiner shall hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code in accordance with Chapter 16.50 LMC.

R112.2 Limitations on Authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed. The hearing examiner shall have no authority to waive requirements of this code.

(Ord. 2683 § 4, 2007; Ord. 2505 § 6, 2004)

16.09.080 Section R113 IRC – Violations.

Section R113 of the IRC as adopted by this chapter is deleted and replaced as follows:

Section R113. Violations and penalties: Any person, firm, or corporation violating any of the provisions of this Code shall be guilty of a misdemeanor, and each such person, firm or corporation shall be guilty of a separate offense for each and every day, or portion thereof, during which any violation of any of the provisions of this Code is committed, continued, or permitted.

Anyone concerned in the violation or failure to comply with the provisions of this Code, whether directly committing the act or effecting the omission constituting the offense, or aiding or abetting the same, whether present or absent; and anyone who directly or indirectly counsels, encourages, hires, commands, induces or otherwise procures another to violate or fail to comply with the provisions of this Code, is and shall be guilty of a misdemeanor.

Conviction of any such misdemeanor shall be punishable by a fine of not more than $1,000 or by imprisonment for not more than 90 days, or by both such fine and imprisonment.

(Ord. 2683 § 4, 2007; Ord. 2505 § 6, 2004)

16.09.090 Section R202 – Definitions.

A. The definition of “townhouse” in Section R202 of the IRC as adopted by this chapter is amended to read as follows:

Townhouse. A single-family dwelling unit constructed in a group of four or less attached units not exceeding 5,000 square feet in total which each unit extends from foundation to roof and with open space on at least two sides.

B. The following definitions are added to Section R202 of the IRC as adopted by this chapter:

City – The City of Lynnwood.

Jurisdiction – The City of Lynnwood.

(Ord. 2683 § 4, 2007; Ord. 2505 § 6, 2004)

16.09.100 Table R301.2(1) – Climate and geographical design criteria.

Table 301.2(1) of the IRC shall have the following design criteria:

1. Ground snow load 25 lbs.; 2. Wind speed 85 MPH exposure B; 3. Seismic category D; 4. Weathering light; 5. Frost line 18"; 6. Termites moderate; 7. Winter design temperature 17 degrees; 8. Ice barriers not required; 9. Flood hazards light; 10. Air freezing index N/A.

(Ord. 2683 § 4, 2007)

16.09.900 Severability.

If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any section, subsection, sentence, clause, phrase or word of this chapter. (Ord. 2683 § 4, 2007; Ord. 2505 § 6, 2004)

Chapter 16.10
ELECTRIC CODE

Sections:

16.10.010 Copies of codes on file.

16.10.020 Purpose.

16.10.030 Definitions.

16.10.040 Enforcement and penalty for violation.

16.10.050 Codes adopted.

16.10.060 Permits.

16.10.070 Application for permits.

16.10.080 Plan review fees.

16.10.090 Electrical permit fees.

16.10.100 Temporary installation.

16.10.110 Wiring and circuit specifications – New work.

16.10.120 Effect of chapter on existing wiring.

16.10.130 Service entrance conductors.

16.10.140 Grounding procedures.

16.10.150 Raceways.

16.10.160 Pool installations.

16.10.900 Severability.

16.10.010 Copies of codes on file.

The city shall at all times keep on file with the finance director, for reference by the general public, not less than one copy of the codes and resolutions, or parts thereof, as herein adopted by reference, together with the amendments and supplements thereto herein made a part of this chapter.

The copies of the codes on file may be placed by the finance director in the custody of the office of the building official in order to make them more readily available for inspection and use by the general public. (Ord. 2683 § 5, 2007; Ord. 2143 § 1, 1997)

16.10.020 Purpose.

This chapter is enacted as an exercise of the police power of the city for the benefit of the public at large. It is not intended to create a special relationship with any individual, or individuals, or to identify and protect any particular class of persons. The purpose of this chapter is to provide minimum standards to safeguard persons and property from hazards arising from the use of electricity. (Ord. 2683 § 5, 2007; Ord. 2143 § 1, 1997)

16.10.030 Definitions.

Whenever the following words appear in the codes adopted by reference in this title they are to be interpreted as follows:

A. “Administrative authority” means the building official or designee.

B. “Chief or director of fire services” means the fire chief or designee.

C. “Corporation counsel” means the city attorney or designee.

D. “City treasurer” means the finance director or designee.

E. “Local zoning code” means the City of Lynnwood Zoning Code, LMC Title 21, as amended.

F. “Municipality” and “the jurisdiction” mean the city of Lynnwood.

G. Whenever reference is made to local authority, codes, jurisdiction, and similar concepts within the codes adopted by reference in this chapter, such reference shall apply to the city of Lynnwood. (Ord. 2683 § 5, 2007; Ord. 2143 § 1, 1997)

16.10.040 Enforcement and penalty for violation.

The building official or designee is authorized and directed to enforce all of the provisions of this chapter.

In addition to the administrative remedies provided for in this chapter, any person found by a court of competent jurisdiction to be in violation of or to have violated any mandatory provision of this title shall be guilty of a misdemeanor, and upon conviction thereof may be sentenced to up to 90 days of confinement, a $1,000 fine, or both confinement and fine. Each day that a violation is found to exist shall be deemed a separate offense.

A person who has previously been convicted of a crime for violation of this chapter shall be guilty of a gross misdemeanor for any subsequent violation, and upon conviction thereof, may be sentenced to up to one year confinement, a $5,000 fine, or both confinement and fine. (Ord. 2683 § 5, 2007; Ord. 2143 § 1, 1997)

16.10.050 Codes adopted.

The National Electrical Code issued by the National Fire Protection Association, 2005 Edition, and as further amended and adopted by the Washington State Department of Labor and Industries, together with amendments or additions thereto, is adopted in its entirety.

The Uniform Administrative Code Provisions, 1997 Edition, as published by the International Conference of Building Officials, together with amendments or additions thereto, is hereby adopted in its entirety for the purposes of this chapter only. (Ord. 2683 § 5, 2007; Ord. 2288 § 1, 1999; Ord. 2143 § 1, 1997)

16.10.060 Permits.

Section 301 of the Uniform Administrative Code Provisions is amended and supplemented to read as follows:

Sec. 301

Section 301.1 Permits Required. Except as specified in Section 301.2.3 of this section, no electrical system regulated by this code shall be installed, altered, repaired, replaced, or remodeled unless a separate electrical permit for each building or structure has first been obtained from the building official.

A separate permit is required for each building of an apartment or condominium complex.

The electrical permit shall be posted on the job site at the service switch or other conspicuous place and shall remain so posted during the entire course of work.

Violation prohibited. Exemption from the permit requirements in Section 301.2.3 shall not be deemed to grant authorization for work to be done in violation of the provisions of the National Electrical Code or other laws or ordinances of the City.

Section 301.2.3 Exempt Work.

An electrical permit shall not be required for the following:

A. Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that code or cable is permitted by the National Electrical Code;

B. Repair or replacement of fixed motors, transformers or fixed approved appliances or devices rated 50 amps or less with the same type and rating in the same location;

C. Temporary decorative lighting;

D. Repair or replacement of current-carrying parts of any switch, or control device of up to 100 amperes capacity;

E. Reinstallation of attachment plug receptacles, but not the outlets therefor;

F. Repair or replacement of any over current device of the required capacity in the same location;

G. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems;

H. Taping joints;

I. Removal of electrical wiring in connection with a permit for installation of new wiring. Removal when no installation permit is issued shall obtain a permit;

J. Temporary wiring for experimental purposes in suitable experimental laboratories;

K. Replacing flush or snap switches, fuses, lamp sockets, receptacles, or ballast;

L. Low voltage wiring installed in new single family residences and available for inspection at the same time as the permitted house wiring and line voltage.

(Ord. 2683 § 5, 2007; Ord. 2288 § 2, 1999; Ord. 2143 § 1, 1997)

16.10.070 Application for permits.

Section 302 of the Uniform Administrative Code Provisions is amended and supplemented to read as follows:

302.1 Application. Application for an electrical permit shall be made on a form provided by the building official. Each application shall state the name and address of the owner, vendee, or occupant in possession of the building or premises where the work is to be done, the name of the licensed contractor, if any, making the application, and such other information as the building official may require. The building official shall refuse to issue or may revoke the permit if any statement on a permit application is found to be untrue, or if the permit application is incomplete.

302.3 Plans and Specifications.

1. General. In addition to the requirements of Section 302.1 two sets of plans and specifications shall be submitted with each application for an electrical permit for and installation of: services or feeders, any proposed installation which cannot be adequately described on the application form, and installation of emergency generators.

Exception: Plans and specifications shall not be required for installations for one- and two-family dwellings.

All electrical plans for new or altered electrical installations in educational, institutional, and health or personal care occupancies classified or defined in WAC 296-46-130 and as indicated in WAC 296-46-150, Table 1 or 2 shall be reviewed and approved by the Washington State Department of Labor and Industries Electrical Division before a permit is issued or the electrical installation or alteration is begun.

2. Clarity of Plans. Plans shall be drawn to clearly indicated and commonly accepted scale of not less than one-eighth inch to one foot upon substantial paper such as blueprint quality or standard drafting paper. Plans shall indicate the nature and extent of the work proposed and shall show in detail that it will conform to the provisions of this code. All electrical work shall be readily distinguishable from other mechanical work. If plans are incomplete, unintelligible or indefinite, the building official may require that the plans be prepared by a licensed electrical engineer, or may reject or refuse to examine such plans, even though a plan examination fee has been paid.

3. Information on Plans and Specifications. Plans and specification shall indicate the following:

a. The proposed use or occupancy of the various portions of the building in which the installation is to be made.

b. A complete rise diagram.

c. The calculated load schedule and demand factor selected for each branch circuit, feeder, and service. Panel and circuit schedules shall be shown.

d. Fault current calculations and the listed interrupting rating for feeder or service installation or alteration.

e. A key to any symbols used.

f. Letters and numbers designating mains, feeders, branch circuits and distribution panels.

g. Wattage, number of sockets and type of lighting fixture.

h. Wattage and purpose of all other outlets.

i. Voltage at which any equipment will operate.

j. Identification of size of wires, type of insulation and all conduit sizes.

k. Any other information as may be required by the plans examiner.

(Ord. 2683 § 5, 2007; Ord. 2288 § 3, 1999; Ord. 2143 § 1, 1997)

16.10.080 Plan review fees.

Fees shall be set forth in an ordinance adopted and from time to time amended by the city council. (Ord. 2699 § 25, 2007; Ord. 2683 § 5, 2007; Ord. 2588 § 5, 2005; Ord. 2288 § 4, 1999; Ord. 2218 § 1, 1998; Ord. 2143 § 1, 1997)

16.10.090 Electrical permit fees.

Fees shall be set forth in an ordinance adopted and from time to time amended by the city council. (Ord. 2699 § 26, 2007; Ord. 2683 § 5, 2007; Ord. 2588 § 6, 2005; Ord. 2288 § 5, 1999; Ord. 2217 § 2, 1998; Ord. 2143 § 1, 1997)

16.10.100 Temporary installation.

If the building official finds that the safety of life and property will not be jeopardized, permits may be issued for temporary electrical installations for use during the construction of buildings or for carnivals, conventions, festivals, fairs, the holding of religious services, temporary lighting of streets, or other approved uses. Permission to use such temporary installations shall not be granted for a greater length of time than 45 days, except that a permit for a temporary installation to be used for construction of a building may be issued for the period of construction. Should such temporary lighting be over the street area, the proper authorization for such use of the street must first be obtained. All such temporary installations shall be made in a manner as nearly as practicable in conformance with the requirements of this code for permanent work; provided, that the building official may permit deviations which will not permit hazards to life or property; and further provided, that whenever such hazards are deemed by the building official to exist, the building official may at once rescind or cancel the permit covering such installation and disconnects, or order the disconnection of all energy to such equipment. (Ord. 2683 § 5, 2007; Ord. 2143 § 1, 1997)

16.10.110 Wiring and circuit specifications – New work.

Minimum size of conductors:

A. In commercial installations, #12 American Wire Gauge copper; control wiring and voltages of 24 or less are excepted.

B. In residential installation, #14 American Wire Gauge copper.

C. In all installations, no aluminum wire shall be used.

Exceptions:

1. Service entrance conductors;

2. Branch circuits of 50 amperes or greater. (Ord. 2683 § 5, 2007; Ord. 2143 § 1, 1997)

16.10.120 Effect of chapter on existing wiring.

A. The provisions of this chapter are not intended to apply to electrical installations in existence at the time of its adoption, except in those cases which, in the opinion of the building official, are found to be dangerous to life or property, and except as is otherwise specifically provided in this chapter.

B. When more than 50 percent of the wiring of any circuit, as measured in lineal feet, is changed, then the entire circuit must be rewired to bring it into conformance with this chapter.

C. Whenever an existing electrical service is to be moved, altered, or enlarged, the service equipment must be reinstalled in conformance with this chapter and Chapter 16.14 LMC for underground utilities.

D. Additions or alterations to existing electrical systems shall be done using materials and methods equivalent to or exceeding the currently adopted national, state and city of Lynnwood Electrical Codes.

E. Conductors not in use shall be removed. (Ord. 2683 § 5, 2007; Ord. 2288 § 6, 1999; Ord. 2143 § 1, 1997)

16.10.130 Service entrance conductors.

Service entrance conductors shall be installed in the following manner:

A. Minimum coverage shall be 24 inches below finished grade.

B. Distribution equipment and conductor shall be of the same rating. On existing services, the ampacity of installed conductors shall be labeled on service distribution equipment when not of the same rating.

C. Where current limiters are permitted, they shall be installed in an approved enclosure, and labeled “current limiters.”

D. Where Section 230-95(c) of the National Electrical Code applies, tests shall be performed by an approved testing agency.

E. Single-family dwellings may be served with approved direct burial cable provided such cable shall be sleeved under paving, and installed to conform to Section 230(d) and 300-5 of the National Electric Code. (Ord. 2683 § 5, 2007; Ord. 2288 § 7, 1999; Ord. 2143 § 1, 1997)

16.10.140 Grounding procedures.

Electrical systems shall be grounded by one or all of the following means:

A. An approved conductor sized in accordance with Table 250-66 of the National Electrical Code attached by approved means to the concrete foundation reinforcing steel (Uffer ground) shall be required in all new construction. Uffer grounds shall be inspected prior to concrete placement; concrete encased electrodes per National Electrical Code 250-50(c) shall be accepted only if inspected and approved prior to placing of concrete.

B. Two electrodes shall be installed no less than eight feet apart. Electrodes placed horizontally in a trench, and plate electrodes, shall not be approved without written approval from the building official. The upper end of the electrodes shall be flush or below ground level unless the aboveground end and the grounding electrode conductor attachment are protected against physical damage as specified in Section 250-68 of the National Electrical Code is allowed for service modifications only.

C. Section 250-52 of the National Electrical Code shall apply where none of the above are applicable.

D. All required grounding shall be fully installed and visible at rough in inspection.

E. Flexible metal conduit shall contain an equipment grounding conductor sized per National Electrical Code Section 250-95. (Ord. 2683 § 5, 2007; Ord. 2288 § 8, 1999; Ord. 2143 § 1, 1997)

16.10.150 Raceways.

Metal Clad (M.C.) cable shall not be smaller than #14 AWG National Electrical Code copper, with a grounding conductor contained within the outer jacket, approved per National Electrical Code for use only with approved fittings. (Ord. 2683 § 5, 2007; Ord. 2143 § 1, 1997)

16.10.160 Pool installations.

All electrical equipment installed in the water, walls or deck of any pool or fountain shall comply in full with the provisions of Article 680 of the

National Electrical Code, without distinguishing between “storable” and “permanently installed” pools and fountains. (Ord. 2683 § 5, 2007; Ord. 2143 § 1, 1997)

16.10.900 Severability.

If any section, subsection, sentence, clause, phrase, or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase, or word of this chapter. (Ord. 2683 § 5, 2007; Ord. 2143 § 2, 1997)

Chapter 16.14
UNDERGROUND UTILITIES*

Sections:

16.14.010 Policy.

16.14.020 Purpose.

16.14.030 Scope.

16.14.040 Excepted facilities.

16.14.050 Application to newly constructed streets.

16.14.060 Design standards.

16.14.070 Reserved.

16.14.080 Joint trench use.

*Variance procedure shall be reserved for future legislation.

16.14.010 Policy.

It shall be the city policy to require compliance with the following orderly program pertaining to requiring the underground installation of all new electrical and communication facilities, with certain exceptions noted hereinafter. The health, safety, and general welfare of the residents of the community require that all such new facilities specified herein be installed underground. (Ord. 577 § 1(a), 1970)

16.14.020 Purpose.

The purpose of this chapter is to establish minimum requirements and procedures for the underground installation of electric and communication facilities within the city. (Ord. 577 § 1(b), 1970)

16.14.030 Scope.

Subject to the excepted facilities listed in LMC 16.14.040, this chapter shall apply to all electric facilities and to all communication facilities, including but not limited to telephone, telegraph, and cable television facilities. (Ord. 577 § 1(c), 1970)

16.14.040 Excepted facilities.

This chapter shall not apply to the following facilities:

A. Electric utility substations, pad-mounted transformers and switching facilities not located on the public right-of-way where site-screening is, or will be, provided in accordance with LMC 16.14.060;

B. Electric transmission systems of a voltage of 100 kv or more (including poles and wires) and equivalent communication facilities where such facilities are not located upon, along, or over the publicly dedicated streets of the city, or within the rights-of-way thereof;

C. Ornamental street lighting standards;

D. Telephone pedestals and other equivalent communication facilities;

E. Police and fire sirens, or any similar municipal equipment, including traffic control equipment. (Ord. 577 § 1(d), 1970)

16.14.050 Application to newly constructed streets.

The requirements of this chapter shall apply on all newly constructed streets in all locations within the city, regardless of location or zoning. (Ord. 577 § 2, 1970)

16.14.060 Design standards.

A. All conductors, switches, transformers, and regulating devices shall be installed in accordance with the applicable national, state and local safety standards. All structural devices shall be designed in accordance with the provisions of the city building code.

B. All vaults, handholes, ventilation gratings, and access covers and conduit in public rights-of-way shall be strong enough to withstand 10,000 pounds of wheel load.

C. Any equipment excepted from these underground requirements or otherwise permitted to be installed aboveground shall be:

1. Placed within an enclosure or part of the building being served; or

2. Suitably screened with masonry or other decorative panels and/or evergreen trees, shrubs, and landscaping planted in sufficient depth to form an effective and actual sight barrier within five years. Where shrubbery is the primary screening element, minimum shrub height shall be seven feet (except for equipment not exceeding such height) for the bulk of the screen, with lower shrubs in the foreground to eliminate any gaps in screening.

The utility shall be responsible for the installation, maintenance, repair, or replacement of the aforementioned screening materials when the real property on which the aboveground facility is located is owned by the utility. When the aboveground facility is located on non-utility owned real property, the owner shall bear the expense of installation, maintenance, repair, or replacement of the screening materials outlined above.

D. Space frames and structural arrangements for holding equipment shall be designed to have an uncluttered and neat appearance.

E. Plans for all aboveground installations shall be submitted to the planning commission for approval of site-screening prior to the issuance of a permit by the building official. (Ord. 577 § 3, 1970)

16.14.070 Variance procedure.

Reserved. (Ord. 577 § 4, 1970)

16.14.080 Joint trench use.

Where several utilities are planned or required in the same corridor, every effort shall be made by the utilities to use joint trenches for such facilities. (Ord. 577 § 5, 1970)

Chapter 16.16
SIGNS*

Sections:

16.16.010 Adoption of Uniform Code.

16.16.015 Definitions.

16.16.016 Section 208 USC amended – “Ground sign” defined.

16.16.017 Section 210 USC amended – “Marquee sign” defined.

16.16.018 Section 212 USC amended – “Pole sign” defined.

16.16.019 Section 213 USC amended – “Roof sign” defined.

16.16.020 Section 214 USC amended – “Sign” defined.

16.16.030 Section 217 USC amended – “Wall sign” defined.

16.16.040 Subsection 303(3) USC amended – Sign restrictions.

16.16.050 Section 304 USC amended – Fees.

16.16.060 Section 305 USC amended – Maintenance.

16.16.070 Subsection 401.6 added to USC – Erector’s name.

16.16.071 Subsections 403.5 and 403.6 USC amended – Design and construction projection and clearance – Projection over alleys – Clearance from streets.

16.16.072 Chapter 5 USC deleted – Fin signs.

16.16.074 Section 602 USC amended – Pole signs design.

16.16.076 Section 603 USC amended – Pole signs projection and clearance.

16.16.078 Section 701 USC amended – Ground signs general.

16.16.080 Section 702 USC amended – Ground signs design.

16.16.081 Section 703 USC amended – Ground signs projection.

16.16.082 Section 802 USC amended – Roof signs design.

16.16.083 Subsection 803.1 USC amended – Roof signs projection and clearance, projection.

16.16.084 Section 902 USC amended – Wall signs design.

16.16.085 Subsections 903.1 and 903.2 USC amended – Wall signs projection and clearance, projection – Thickness.

16.16.086 Section 1002 USC amended – Projecting signs design.

16.16.087 Subsection 1003.1 USC amended – Projecting signs projections and clearance, projection.

16.16.088 Section 1101 USC amended – Combination signs general.

16.16.089 Sections 1102, 1103.1 and 1103.2 USC amended – Combination signs design – Projection and clearance, projection – Projection and clearance, thickness.

16.16.090 Subsection 1302.2 USC deleted.

16.16.100 Section 1401 USC amended – Temporary signs.

16.16.110 Subsection 1402.1 USC deleted.

16.16.120 Subsection 1402.3 USC deleted.

16.16.125 Subsections 402.2 and 402.3 of the USC deleted and amended.

16.16.130 Immoral or obscene advertising prohibited.

16.16.140 Expired advertising sign – Removal – Lien.

16.16.150 Subsection 103.4 USC amended – Violation and penalty.

16.16.155 Subsection 103.3 USC – Board of appeals.

16.16.900 Severability.

*For provisions relating to sign code adoption by reference, see RCW 35.21.180.

16.16.010 Adoption of Uniform Code.

As amended by the provisions of this chapter, the Uniform Sign Code, 1997 Edition, by the International Conference of Building Officials, one copy of which shall be on file in the office of the Lynnwood city clerk, is adopted by this reference. (Ord. 2683 § 6, 2007; Ord. 1900 § 1, 1992; Ord. 1538 § 1, 1986)

16.16.015 Definitions.

A. Section 201 USC Amended. Section 201 of the edition of the Uniform Sign Code adopted by this chapter, entitled “General Definitions,” is amended by adding thereto the following paragraph:

Whenever the term “Code” is used herein, it shall mean the provisions of Chapter 16.16 LMC and the edition of the Uniform Sign Code as adopted by Chapter 16.16 LMC. Whenever the term “City” or “jurisdiction” is used herein, it shall mean the City of Lynnwood. Whenever the term “Building Code” is used in this chapter, it shall mean the International Building Code.

B. Whenever the term “code” is used in this chapter, it shall mean the provisions of this chapter and the provisions of the edition of the Uniform Sign Code as adopted by this chapter. Whenever the term “city” or “jurisdiction” is used in this chapter, it shall mean the city of Lynnwood.

C. Whenever a sign is not defined in this code, its definition shall be per LMC 21.02.665 through 21.02.720 as interpreted by the community development director. (Ord. 2683 § 6, 2007; Ord. 1900 § 2, 1992)

16.16.016 Section 208 USC amended – “Ground sign” defined.

The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 208 defining “ground sign” and inserting in its place the following wording:

“Ground sign” is a freestanding sign which is not more than 3.5 feet in height and permanently placed in the ground.

(Ord. 2683 § 6, 2007; Ord. 2310 § 3, 2000)

16.16.017 Section 210 USC amended – “Marquee sign” defined.

The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 210 defining “marquee sign” and inserting in its place the following wording:

“Marquee sign” is a sign placed on, constructed in or attached to a marquee.

(Ord. 2683 § 6, 2007; Ord. 2310 § 4, 2000)

16.16.018 Section 212 USC amended – “Pole sign” defined.

The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 212 defining “pole sign” and inserting in its place the following wording:

“Pole sign” is any permanent freestanding sign which does not meet the definition of a ground sign, monument sign, internal information sign or incidental sign.

(Ord. 2683 § 6, 2007; Ord. 2310 § 5, 2000)

16.16.019 Section 213 USC amended – “Roof sign” defined.

The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 213 defining “roof sign” and inserting in its place the following wording:

“Roof sign” is a business sign erected upon or above a roof or a parapet of a building.

(Ord. 2683 § 6, 2007; Ord. 2310 § 6, 2000)

16.16.020 Section 214 USC amended – “Sign” defined.

The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 214 defining “sign” and inserting in its place the following wording:

“Sign” is any structure, device, object or display used to identify, advertise, direct or attract attention to a business, product, service, activity, place, person, institution or event using words, figures, graphics, symbols, fixtures, colors, illumination or projected images, for example balloons with or without letters or pictorial figures on them.

(Ord. 2683 § 6, 2007; Ord. 2310 § 7, 2000)

16.16.030 Section 217 USC amended – “Wall sign” defined.

The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 217 defining “wall sign” and inserting in its place the following wording:

“Wall sign” is any business sign painted on, or attached directly to and supported by a wall of a building or structure with the exposed face of the sign generally parallel to the wall.

(Ord. 2683 § 6, 2007; Ord. 2310 § 8, 2000)

16.16.040 Subsection 303(3) USC amended – Sign restrictions.

The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Subsection 303(3), regarding signs less than six feet above grade, and inserting in its place the following wording:

3. Signs less than three square feet per sign face, if attached to a building below the roof line.

(Ord. 2683 § 6, 2007; Ord. 1990 § 5, 1992; Ord. 1538 § 4, 1986)

16.16.050 Section 304 USC amended – Fees.

The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 304, entitled “Fees,” and inserting in its place the following wording:

Fees. Fees shall be set forth in a resolution adopted and from time to time amended by the city council.

(Ord. 2683 § 6, 2007; Ord. 1900 § 6, 1992; Ord. 1538 § 5, 1986)

16.16.060 Section 305 USC amended – Maintenance.

The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 305, entitled “Maintenance,” and inserting in its place the following wording:

305. Maintenance. All signs and sign support structures together with all their supports, braces, guys and anchors, shall be kept in repair and in proper state of preservation. All signs shall be kept in good repair and maintained in a safe condition and any damage or deterioration including but not limited to missing sign faces, cabinet covers and sign components; damaged structural elements; and rust or peeling paint shall be repaired. The display surface of all signs shall be kept neatly painted or posted at all times. Presently existing signs may not be altered or re-erected unless in conformity with this Code and LMC Title 21. Damaged or deteriorated signs shall be repaired within 30 days of notification by the City.

(Ord. 2683 § 6, 2007; Ord. 2310 § 9, 2000)

16.16.070 Subsection 401.6 added to USC – Erector’s name.

The edition of the Uniform Sign Code adopted by this chapter is amended by adding a new subsection to Section 401 thereof, entitled “General,” to read as follows:

401.6 Erector’s Name. Every sign shall have posted on it the name of the sign erector and date of erection. Such name and date shall be of sufficient size and contrast to be readable from a reasonable distance. Failure to provide such name and date shall be grounds for rejection of the sign by the building official.

(Ord. 2683 § 6, 2007; Ord. 1990 § 8, 1992; Ord. 1538 § 7, 1986)

16.16.071 Subsections 403.5 and 403.6 USC amended – Design and construction projection and clearance – Projection over alleys – Clearance from streets.

The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Subsections 403.5, entitled “Design and Construction Projection and Clearance – Projection over Alleys” and 403.6, entitled “Clearance from Streets,” and inserting in their place the following wording:

Sec. 403.5 Projection over Alleys. Signs or sign structures shall not project into a public alley.

Sec. 403.6 Clearance from Streets. Signs shall conform to the setbacks from streets set forth in Chapter 21.16 LMC.

(Ord. 2683 § 6, 2007; Ord. 2310 § 10, 2000)

16.16.072 Chapter 5 USC deleted – Fin signs.

The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Chapter 5, entitled “Fin Signs.” (Ord. 2683 § 6, 2007; Ord. 2310 § 11, 2000)

16.16.074 Section 602 USC amended – Pole signs design.

The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 602, entitled “Pole Signs Design,” and inserting in its place the following wording:

Sec. 602. Supports for pole signs shall be placed upon private property and shall be securely built, constructed and erected to conform with requirements specified in Chapter 4 and Chapter 21.16 LMC.

(Ord. 2683 § 6, 2007; Ord. 2310 § 12, 2000)

16.16.076 Section 603 USC amended – Pole signs projection and clearance.

The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 603, entitled “Pole Signs Projection and Clearance,” and inserting in its place the following wording:

Sec. 603. Projection of pole signs shall conform to the requirements of Section 403 and Chapter 21.16 LMC.

(Ord. 2683 § 6, 2007; Ord. 2310 § 13, 2000)

16.16.078 Section 701 USC amended – Ground signs general.

The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 701, entitled “Ground Signs General,” and inserting in its place the following wording:

Sec. 701. Ground signs may be constructed of materials meeting the requirements of this code, except as provided in Chapter 4 and Chapter 21.16 LMC.

(Ord. 2683 § 6, 2007; Ord. 2310 § 14, 2000)

16.16.080 Section 702 USC amended – Ground signs design.

The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 702, entitled “Ground Signs Design,” and inserting in its place the following wording:

Sec. 702. Ground Sign Design. Ground signs should be designed in accordance with the requirements specified in Chapter 4 and Chapter 21.16 LMC. Ground signs may be constructed of combustible material.

(Ord. 2683 § 6, 2007; Ord. 2310 § 15, 2000)

16.16.081 Section 703 USC amended – Ground signs projection.

The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 703, entitled “Ground Signs Projection,” and inserting in its place the following wording:

Sec. 703. Ground signs shall not project beyond the legal setback per Chapter 21.16 LMC.

(Ord. 2683 § 6, 2007; Ord. 2310 § 16, 2000)

16.16.082 Section 802 USC amended – Roof signs design.

The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 802, entitled “Roof signs design,” and inserting in its place the following wording:

Sec. 802. Roof signs shall be thoroughly secured and anchored to the frame of the building over which they are constructed and erected and shall be designed in accordance with the requirements specified in Chapter 4 and Chapter 21.16 LMC.

(Ord. 2683 § 6, 2007; Ord. 2310 § 17, 2000)

16.16.083 Subsection 803.1 USC amended – Roof signs projection and clearance, projection.

The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Subsection 803.1, entitled “Roof Signs Projection and Clearance, Projection,” and inserting in its place the following wording:

Sec. 803.1. Projection. Roof signs may not project beyond the legal setback line complying with the requirements specified in Section 403 and Chapter 21.16 LMC.

(Ord. 2683 § 6, 2007; Ord. 2310 § 18, 2000)

16.16.084 Section 902 USC amended – Wall signs design.

The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 902, entitled “Wall Signs Design,” and inserting in its place the following wording:

Sec. 902. Wall signs shall be designed in conformance with the requirements specified in Chapter 4 and Chapter 21.16 LMC.

(Ord. 2683 § 6, 2007; Ord. 2310 § 19, 2000)

16.16.085 Subsections 903.1 and 903.2 USC amended – Wall signs projection and clearance, projection – Thickness.

The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Subsections 903.1, entitled “Wall Signs Projection and Clearance Projection,” and 903.2, entitled “Thickness,” and inserting in their place the following wording:

Sec. 903.1. Projection. Wall signs shall not project over public property.

(Ord. 2683 § 6, 2007; Ord. 2310 § 20, 2000)

16.16.086 Section 1002 USC amended – Projecting signs design.

The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 1002, entitled “Projecting Signs Design,” and inserting in its place the following wording:

Sec. 1002. Projecting signs shall be designed in accordance with the requirements specified in Chapter 4 and Chapter 21.16 LMC.

(Ord. 2683 § 6, 2007; Ord. 2310 § 21, 2000)

16.16.087 Subsection 1003.1 USC amended – Projecting signs projections and clearance, projection.

The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Subsection 1003.1, entitled “Projecting Signs Projection and Clearance, Projection,” and inserting in its place the following wording:

Sec. 1003.1. Projection. Signs may not project over public property.

(Ord. 2683 § 6, 2007; Ord. 2310 § 22, 2000)

16.16.088 Section 1101 USC amended – Combination signs general.

The edition of the Uniform Sign Code adopted by this chapter is amended by deleting therefrom Section 1101, entitled “Combination Signs General,” and inserting in its place the following wording:

Sec. 1101. Combination signs shall be constructed of noncombustible materials, except as specified in Chapter 4 and Chapter 21.16 LMC.

The individual requirements of roof, projecting and pole signs shall each be applied to combination signs incorporating any or all of the requirements specified in this chapter and Chapter 21.16 LMC.

(Ord. 2683 § 6, 2007