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Adams County Code /42

ORDINANCE NO.-__ -2021

AN ORDINANCE OF ADAMS COUNTY, WASHINGTON, REPEALING CHAPTERS 15.04, 15.08, AND 15.12, AND 15.16 OF TITLE 15 AND ADOPTING A NEW TITLE 15 “BUILDINGS AND CONSTRUCTION

WHEREAS the State legislature has established the Washington State Building Code as set forth in RCW 19.27.031 and directed the State Building Code Council to adopt and maintain the Washington State Building Code; and

WHEREAS, the State Building Code Council has formally adopted the 2018 edition of the Washington State Building Code pursuant to RCW 19.27.074, which became effective on February 1, 2021: and

WHEREAS, the Adams County Board of Commissioners have previously adopted building and inspection codes by reference to protect the health, safety and welfare of the citizens as set forth in Adams County Code Title 15; and

WHEREAS, updating fees for individual project cost to be established by resolution of the Adams County Board of Commissioners for applications related to Platting, Subdivisions, Short Plats, State Environmental Policy Act (SEPA), and Shoreline permits which still (in part) reflect fees established in the 1970’s and 1980’s is in the best interest of the residents of Adams County.

WHEREAS, it is necessary for Adams County, as a smaller jurisdiction, to amend certain administrative sections of the State Building Code(s) to effectively administer the State Building Code Standards for the unincorporated areas of Adams County.

WHEREAS RCW 19.27.040 Authorizes Adams County Board of Commissioners to amend the State Building Code as it applies within the unincorporated areas of Adams County insomuch as they maintain the minimum performance standards and objectives of RCW 19.27.020. and if such changes affect single-family or multifamily residential buildings such changes shall require prior approval of the building code council under RCW 19.27.074 (1) (b).

WHEREAS the Board of County Commissioners held a public hearing on the proposed ordinance on ______________, at which time they accepted and considered public comments on the proposed changes to ACC Title 15.

Final Draft Version #1 4/22/2021


NOW, THEREFORE, the Adams County Board of Commissioners, Washington do ordain as follows:

SECTION I

Title 15. “CONSTRUCTION CODES ADOPTED”, Chapater15.04 of the Adams County Code (ACC) is repealed and replaced, to read as follows:

Chapter 15.04

CONSTRUCTION CODES ADOPTED

Sections : 15.04.010 Adoption of Building Codes.15.04.012 Definitions 15.04.015 General Requirements

15.04.010 Adoption of Building Codes. All building and building-related codes as currently adopted, or as shall be adopted in future enactments by the state of Washington pursuant to the Revised Code of Washington (RCW) 19.27.031, together with all amendments as currently enacted, or as shall be enacted by the state of Washington, are hereby adopted as, and are herein referred to as, the building codes for Adams County; provided, that all additions, deletions, and amendments as set forth in this title are also adopted.

For reference purposes only, the current building codes adopted by Adams County consist of the following:

A. International Building Code as published by the International Code Council, Inc. and as amended by the State of Washington, together with Appendix J “Grading”, and Appendix E “Supplementary Access, and together with ICC/ANSI A117.1.

B. International Residential Code as published by the International Code Council, Inc. and as amended by the State of Washington, together with Appendix G; except for Chapters 11 through Chapter 43, which are not adopted.

C. International Mechanical Code as published by the International Code Council, Inc. and as amended by the State of Washington, except that the standards for liquefied petroleum gas installations shall be NFPA 58 (Storage and Handling of Liquefied Petroleum Gases) and ANSI Z223.1/NFPA 54 (National Fuel Gas Code);

D. International Fuel Gas Code as published by the International Code Council, Inc. and as amended by the State of Washington.

E. Uniform Plumbing Code as published by the International Association of Plumbing and Mechanical Officials, Inc. and as amended by the State of Washington, together with Appendices A, B, and I; together with additional standards as adopted by the state pursuant to Chapters 19.27 and 34.05 RCW.

F. Washington State Energy Code, WAC 51-11C and WAC 51-11R, latest state-adopted edition.



G. International Swimming Pool, Spa and Spa Code as published by the International Code Council, Inc. and as amended by the State of Washington.

H. International Existing Building Code. As published by the International Code Council, Inc. and as amended by the State of Washington.

I. Portions of the International Wildland Urban Interface Code, published by the International Code Council Inc., as set forth in RCW 19.27.560 with the following adopted appendices and amendments:

a. Appendix C: Fire Hazard Severity Formb. Amendments to the Wildland Urban Interface code specific to Adams

County shall be located in ACC Title 14.

15.04.012 Definitions: Except where specifically defined herein, all words used in this Title shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular; the word "shall" be mandatory and, when applied to the actions of public officers, directory; the word "may" denote a use of discretion

“Addition” means an extension or increase in floor area or height of a building or structure.“Alter” or “alteration” means a change or modification of a building, structure or building service equipment.“Approved” as to materials, types of construction, equipment and systems, means and refers to approval by the Building Official as the result of investigation and tests conducted by the Building Official, or by reason of accepted principles or tests by recognized authorities, technical or scientific organizations.“Building” means a structure used or intended for supporting or sheltering a use or occupancy.“Existing building” means a building erected prior to the adoption of Ordinance 15-16, or one for which a legal building permit has been issued and approved.“Approved agency” means an established and recognized agency regularly engaged in conducting tests or furnishing inspection services when the agency has been approved by the Building Official.“Building Official” means the officer or other designated authority charged with the administration and enforcement of code, or regularly authorized deputy thereof.“IBC” means the latest edition of the International Building Code promulgated by the International Code Council as adopted by this jurisdiction.“IEBC” means the latest edition of the International Existing Building Code promulgated by the International Code Council as adopted by this jurisdiction.“IFC” means the latest edition of the International Fire Code promulgated by the International Code Council as adopted by this jurisdiction.“IMC” means the latest edition of the International Mechanical Code promulgated by the International Code Council as adopted by this jurisdiction.



“IPC” means the latest edition of the International Plumbing Code promulgated by the International Code Council as adopted by this jurisdiction.“IRC” means the latest edition of the International Residential Code promulgated by the International Code Council as adopted by this jurisdiction.“Occupancy” means the purpose for which a building, or part thereof, is used or intended to be used.“Owner” means any person, agent, firm, or corporation having legal or equitable interest in the property.“Permit” means an official document or certificate issued by the building official authorizing performance or specified activity.“Structure” means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.“SBCC” means the Washington State Building Code Council.“UPC” means the latest edition of the Uniform Plumbing Code promulgated by the International Code Council as adopted by this jurisdiction.“Valuation” or “Value” as applied to a building or building service equipment, means and shall be the estimated cost to build or replace a building and its building service equipment in kind, based on current replacement costs. It shall also include the contractor’s overhead and profit.

15.04.015 General Requirements

Conflict between Codes: Whenever there is a conflict between a Referenced Code in Section 15.04.010 of this code and the General Requirements contained in Section 15.04.015 of this code, the General Requirements shall apply.

Table R301.2(1), Climatic and Geographic Design Criteria, of the International Residential Code, is amended as follows:

GROUND SNOW LOAD

WIND DESIGN SEISMIC DESIGN CATEGORYf

SUBJECT TO DAMAGE FROM

WINTER DESIGN TEMPe

ICE BARRIER UNDERLAYMENT REQUIREDh

FLOOD HAZARDSg

AIR FREEZING INDEXi

MEAN ANNUAL TEMPjSpee

dd

(mph)

Topographic effortsk

Special wind regionl

Wind- borne debriszonem

Weatheringa

Frost line depthb

Termitec

Case study (min. 30 psf roof)1

110 Vult

No No No C, Severe 24" Slight to Moderate

2° F Yes Date Entered

Into NFIP: 9/1979,Date of Current

FIRM Maps

Adopted:5/5/1981

1,000-2,000

50°F

For SL: 1 pound per square foot = 0.0479 kPa, 1 mile per hour = 0.447 m/s.



a) Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index, “negligible,” “moderate” or “severe” for concrete as determined from Figure R301.2(3). The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652.

b) The frost line depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade.

c) The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage.

d) The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R301.2(4)A]. Wind exposure category shall be determined on a site-specific basis in accordance with Section R301.2.1.4.

e) The outdoor design dry-bulb temperature shall be selected from the columns of 971/2 -percent values for winter from Appendix D of the International Plumbing Code. Deviations from the Appendix D temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official.

f) The jurisdiction shall fill in this part of the table with the seismic design category determined from Section R301.2.2.1.

g) The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction’s entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas), (b) the date(s) of the Flood Insurance Study and (c) the panel numbers and dates of the currently effective FIRMs and FBFMs or other flood hazard map adopted by the authority having jurisdiction, as amended.

h) In accordance with Sections R905.1.2, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with “YES.” Otherwise, the jurisdiction shall fill in this part of the table with “NO.”

i) The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99 percent) value on the National Climatic Data Center data table “Air Freezing Index-USA Method (Base 32°F).”

j) The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table “Air Freezing Index-USA Method (Base 32°F).”

k) In accordance with Section R301.2.1.5, where there is local historical data documenting structural damage to buildings due to topographic wind speed-up effects, the

l) jurisdiction shall fill in this part of the table with “YES.” Otherwise, the jurisdiction shall indicate “NO” in this part of the table.

m) In accordance with Figure R301.2(4)A, where there is local historical data documenting unusual wind conditions, the jurisdiction shall fill in this part of the table with “YES” and identify any specific requirements. Otherwise, the jurisdiction shall indicate “NO” in this part of the table.

n) In accordance with Section R301.2.1.2.1, the jurisdiction shall indicate the wind-borne debris wind zone(s). Otherwise, the jurisdiction shall indicate “NO” in this part of the table.

Section II

A new Chapter 15.06 “ADMINISTRATION, PERMITS AND FEES” is hereby added to Title 15 to read as follows.

Chapter 15.06

ADMINISTRATION, PERMITS AND FEES

15.06.010 Administration of Permits15.06.011 Submittal Documents15.06.012 Professional Preparation of Plans15.06.015 Schedule of Permit Fees15.06.017 Maximum Height of Buildings15.06.018 Address Identification15.06.020 Flood-Resistant Construction15.06.025 Contractor Licensing15.06.030 Appeals15.06.040 Violations and penalties

15.06.010 Administration of Permits:



In accordance with RCW 19.27.040 Adams County is authorized to amend the state building code as it applies within the jurisdiction of Adams County. The following sections of the International Building Code chapter 1 and the International Residential Code chapter 1 are hereby replaced with the following additional provisions, deletions, and exceptions. The intent and meaning of following amendments to Chapter 1 of the IBC or IRC shall apply in the event of conflict between this chapter as long as they meet or exceed the minimum standards and objectives of the State code. These provisions shall apply to all future codes adopted by the state of Washington unless repealed or amended.

Note: Section numbers referenced are to the International Building Code, and references to the International Residential Code are indicated by a referenced “R”.

A. Work exempt from permit: Replace IBC Section 105.2 and IRC Section R105.2 with:

Section 105.2, R105.2 Work exempt from permit. Exemptions from permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter or any other laws or ordinances of this jurisdiction.

Building permits shall not be required for the following: a. One-story detached residential accessory structures used as tool and storage sheds, tree-

supported play structures, playhouse and similar uses, provided the floor area does not exceed 200 square feet (11.15 m2).

b. Fences not over seven feet (2134 millimeters) high; (Zoning review shall still be required)

c. Decks that are not more than 30 inches above grade, measured vertically from grade to any point horizontally within 36 inches of any open side.

d. Oil derricks.e. Retaining walls, which are not over four feet (1,219 millimeters) 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 III-A liquids.

f. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18,925 liters) and the ratio of height to diameter or width does not exceed two to one.

g. Sidewalks and driveways not more than 30 inches (762 millimeters) above grade, and not over any basement or story below, and decks that are not attached to a dwelling and do not serve the required exit door.

h. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. i. Replacement of siding for accessory structures, not intended for human occupancy, that

are associated with single-family residence structures. j. Temporary motion picture, television and theater stage sets and scenery. k. Prefabricated swimming pools accessory to a Group R-3 occupancy, which are less than

24 inches (610 millimeters) deep, do not exceed 5,000 gallons (18,925 liters) and are installed entirely above ground.

l. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.



m. Swings, slides, and all other similar playground equipment. n. Window awnings in single-family residences (R-3) and Group U occupancies, supported

by an exterior wall which do not project more than 54 inches (1,372 millimeters) from the exterior wall and do not require additional support.

o. Movable cases, counters, and partitions not over five feet nine inches (1,753 millimeters) in height.

p. Satellite earth station antennas six and one-half feet (two meters) or less in diameter or diagonal in zones other than residential zones.

q. Satellite earth station antennas three and one-quarter feet (one meter) or less in diameter in residential zones.

r. Video programming service antennas three and one-quarter feet (one meter) or less in diameter or diagonal dimension, regardless of zone.

s. Window replacement in single-family residences as long as the replacement does not reduce the egress, safety glazing, or energy requirements and the structural opening for said window replacement remains the same.

B. Time Limitation of Application: Replace IBC Section 105.3.2 and IRC Section R105.3.2 with:

Section 105.3.2, and R105.3.2 Time Limitation of Applicationa. Time limitation of application: Applications for which no permit is issued within one

year following the date of application shall expire by limitation and plans and other data submitted for review may thereafter be returned to the applicant or destroyed in accordance with state law by the Building Official. The Building Official may extend the time for action by the applicant for a period not exceeding 180 days. Extensions shall be requested in writing and justifiable cause demonstrated.

b. Applications may be canceled for inactivity, if an applicant fails to respond to the department’s written request for revisions, corrections, actions or additional information within 90 days of the date of request; the Building Official may extend the response period beyond 90 days if within the original 90-day time period the applicant provides and subsequently adheres to an approved schedule with specific target dates for submitting the full revisions, corrections or other information needed by the department.

c. The Building Official may extend the life of an application if any of the following conditions exist:

i. Compliance with the State Environmental Policy Act is in progress; orii. Any other county review is in progress; provided the applicant has submitted a

complete response to county requests or the Building Official determines that unique or unusual circumstances exist that warrant additional time for such response, and the Building Official determines that the review is proceeding in a timely manner toward final county decision; or

iii. Litigation against the city or applicant is in progress, the outcome of which may affect the validity, or the provisions of any permit issued pursuant to such application.

C. Expiration: Replace IBC Section 105.5 and IRC Section R105.5 with:



Section 105.5, and R105.5 Expiration.a. Expiration: Every permit issued shall expire 2 years from the date of issuance. The

Building Official is authorized to approve a request for an extended expiration date, where a construction schedule is provided by the applicant and approved prior to permit issuance.

b. Every permit may be renewed for a period of 1 year beyond the original expiration date for an additional fee equal to 50% of the original permit fees, as long as no changes have been made to the originally approved plans and new building codes have not been adopted. Renewals must be applied for prior to the expiration date of the original permit. Paid impact fees and utility connection charges will not be required to be paid again. No permit shall be renewed more than once.

c. Mechanical and plumbing permits shall expire at the same time as the associated building permit except that if no associated building permit is issued, the mechanical and/or plumbing permit shall expire 180 days from the date of issuance. The Building Official is authorized to approve a request for an extended expiration date of mechanical and/or plumbing permits associated with a building permit when a construction schedule is provided by the applicant and approved prior to permit issuance. There shall be no extensions of stand-alone mechanical and/or plumbing permits under this subsection.

d. The County may authorize an extension to the expiration date up to 30 days beyond the written date of notification with no additional fee when only the final building inspection is remaining, and all other work has been approved. If work required under a final inspection is not completed within the 30-day extension period, the permit shall expire.

15.06.011 Submittal documents: Replace IBC Section 107.1 and IRC Section 107.1 with:

Section 107.1 General.Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application.

15.06.012 Professional preparation of plans: Adams County shall require a Washington licensed design professional, licensed under the provisions of Chapter 18.08 or 18.43 RCW or WAC Chapter 308-12, to prepare or oversee the preparation of plans for any commercial building or structure, any building or structure containing five or more residential dwelling units, or doing design work including preparing construction contract documents and administering the contract for construction, erection, enlargement, alteration, or repairs to a building of any occupancy over 4,000 square feet of construction. Plans that are not designed to prescriptive methods shall require a design prepared and stamped by an engineer licensed by the state of Washington.



A. Where special conditions exist, the Building Official is authorized to require additional construction documents to be prepared by a registered design professional.

B. Exception: The Building Official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with the building code.

15.06.015 Schedule of Permit Fees: A. Replace IBC Section 109.2 and IRC Section R108.2 with:

Sections 109.2 and R108.2 Schedule of Permit Fees.Building Fees for building permits and related inspections shall be as set forth in Table 1-A of the Adams County master fee schedule established and set by resolution R-026-2019 by the Board of County Commissioners.

The valuation of construction used for the calculation of the building permit fee from Table 1-A shall be the greater of either the valuation noted in Supplemental Table 1-B or the declared valuation of construction from the applicant for the permit.

The declared valuation shall include the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing,

heating, air conditioning, elevators, fire-extinguishing systems, and any other permanent equipment.

Valuations not shown in Supplemental Table 1-B shall be based on the “Building Valuation Data” as published in the Building Safety Journal by the International Code Council, Inc., or shall be as determined by the Building Official to reflect the total value of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems, and any other permanent equipment.

The Supplemental Table 1-B shall be updated on January 1st of each year and shall incorporate changes from the “Building Valuation Data” as published in the Building Safety Journal by the International Code Council, Inc., except that those mathematical formulas presented in the “Building Valuation Data” which calculate fees shall not be incorporated or adopted.

Plan Review. Fees for review and examination of required construction plans and/or construction data shall be set as established in the Adams County Master fee schedule. All plan review fees shall be in addition to the building permit fee and shall be payable at the time of permit application submittal. Additional plan review required by changes, additions, corrections, or revisions made to the plans after completion of the



plan review or after issuance of the building permit shall be required to pay a fee as shown in the Adams County master fee schedule.

Residential Plumbing, Fees for plumbing permits and related inspections shall be as set forth in Table 1A of the Adams County master fee schedule.

Residential Mechanical, Fees for mechanical permits and related inspections shall be as set forth in Table 1-A of the Adams County master fee schedule.

Commercial Plumbing Fees for plumbing permits and related inspections shall be set forth in table 3-A of the Adams County master fee schedule.

Commercial Mechanical Fees for mechanical permits and inspections shall be set forth in table 2-A of the Adams County master fee schedule.

Fire Code Fees for fire suppression and alarm system related permits and inspections shall be set forth under section 4-A of the Adams County master fee schedule.

B. Additional fees. Per RCW 19.27.085 1. Residential Building Permit Fee to SBCC for each building permit see the Adams

County master fee schedule.2. Commercial Building Permit fee to the SBCC for each Building Permit

see the Adams County master fee schedule.

C. Grading. Fees for grading permits, for review of grading plans, and for related inspections shall be as set forth in in sections D and E of the Adams County master fee schedule.

D. Factory-Assembled Structures. Shall be based on the value of the manufactured home and determined by Table 1-A, Fees for building permits for structures attached to a factory-assembled structure, including, but not limited to, garages that are not structurally dependent upon the factory-assembled structure for support, shall be as noted above for building permits and plan review based on valuation of construction. Factory-assembled structures constructed prior to June 15, 1976, shall be required to undergo inspection and approval by the State of Washington, Department of Labor and Industries, prior to issuance of the installation permit.

E. Use and occupancy: Replace IBC Section 110.1 and IRC Section R110.1 With:

Section 110.1 and R110.1 Use and occupancy. The following paragraphs shall be added to this section:

The Building Official shall not issue a certificate of occupancy until approval has been obtained from all Adams County departments and divisions and from all State of Washington and Federal agencies having jurisdiction or authority over the building project. Adams County is authorized and directed to deny any requests for utility services, including, but not limited to, electrical service, solid waste removal, water service, and sewer service, on a permanent-user basis, unless the applicant demonstrates



that the building for which such service is requested has been issued a certificate of occupancy or temporary certificate of occupancy by the Building Official. Provisional utility services may be provided to the extent necessary for construction of the building prior to issuance of such a certificate so long as the building is not used or occupied.

15.06.017 Maximum Height of Buildings. Replace IBC Section 504.1 with

Section 504.1 General The maximum height of buildings shall be subject to the requirements of this code, Title 17 of the Adams County Code. In the event of any conflict between these regulations, the most restrictive shall govern.

15.06.018 Address Identification. Replace IBC Section 502.1with:

Section 502.1 Address identification.New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building address cannot be viewed from the public way, a monument, pole, or other approved sign or means shall be used to identify the structure. Address identification shall be maintained.

Signs on private roads shall be installed in accordance with Chapter 12.12 of the Adams County Code, "Addressing and Grid System for Adams County." The premises identification requirements of this Section must be met prior to final inspection by the Building Department.

15.06.020 Flood-Resistant Construction: Replace IBC Appendix G Section G101.3 with:

G101.3 Scope. The provisions of this appendix shall apply to all proposed development in a flood hazard area established in Title 18 Adams County Code, including certain building work exempt from permit in Section 105.2.This appendix is to be used in conjunction with the provisions of Title 18 Adams County Code. The most restrictive provision shall govern.

15.06.025 Contractor Licensing: The following section shall be added to read as follows

All contractors and sub-contractors shall have a valid and current contractor’s license and registration with the State of Washington, Department of Labor, and Industries per RCW Chapter 18.27, prior to commencing any actual construction work within Adams County.

15.06.030 Appeals.


https://www.codepublishing.com/WA/PierceCounty/#!/PierceCounty18E/PierceCounty18E.html%2318E

https://www.codepublishing.com/WA/PierceCounty/#!/PierceCounty10/PierceCounty1044.html%2310.44

https://www.codepublishing.com/WA/PierceCounty/#!/PierceCounty18A/PierceCounty18A.html%2318A


A. Following any applicable administrative appeals under ACC, an applicant, or legal agent may appeal a final decision of the Building Official or Fire Marshal in writing to the appeal authority established by the Board of County Commissioners as follows.

1. Authority; Adams County’s Legislative body or Appointed body.

a. Application: A signed and dated written request for appeal shall be limited too and based on a claim that the true intent of this Code or the rules legally adopted thereunder.i. have been incorrectly interpreted.ii. the provisions of this Code do not fully apply, or iii. an equally good or better form of construction is proposed.

The Legislative body or designated appeal body may approve alternate materials and methods of construction, provided they find that the proposed design is satisfactory and complies with the provisions of the code section being considered. The Legislative body or designated appeal body must also find the material or method of work offered is, for the purpose intended, at least the equivalent of that prescribed in that code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation.

B. Appeal Fees.a. An Administrative Determination by the Building Official or the Fire Marshal

can be appealed for a fee of $3,360.00 that is required at time of application.b. When the Administrative Determination is directly related to a county

enforcement action, a fee of $250.00 is required at the time of application.c. Appeal application fees shall be fully refundable to any appellant who

successfully appeals a decision of the Building Official or Fire Marshal to the Hearing Examiner.

15.06.040 Violations and penalties.

In accordance with RCW 36.32.120(7) and RCW 36.43.040, it is unlawful for:

Any person to maintain, erect, construct, place, alter, extend, repair, move, remove, demolish, or occupy any building, structure, or equipment regulated by this chapter, or cause the same to be done, in conflict with or in violation of any of the provisions of this chapter or code; or

Any person to fail to comply with a noncompliance notice and correction order issued hereunder the authority of this chapter or code.

Any person found to have violated any provision of this chapter or code, or as amended and adopted by the Board of Adams County Commissioners, or who continues to work after a "stop work order" has been issued, shall be deemed guilty of a misdemeanor, and subject to ACC 1.16.010, unless provided otherwise by this chapter.



In addition to, or as an alternative to, those provisions set forth in ACC 1.16.010 (B) a violation of any of the provisions of this chapter shall constitute a civil infraction, subject to a monetary penalty in the amount of $1,000 dollars per day for each violation. Each such violation shall be a separate and distinct offense, and in case of a continuing violation, each day’s continuance shall be a separate and distinct violation.

The procedures for issuance of a notice of infraction, hearings, assessment, and payment of monetary penalties shall be in accordance with the provisions of (RCW Chapter 7.80. “Civil Infractions”) Hearings on notices of infractions issued pursuant to this section shall be held in Adams County district court.

SECTION III

Chapter 15.08 State Energy Code Adopted is repealed and replaced, to read as follows.

Chapter 15.08

MANUFACTURED HOMES AND MODULAR HOMES

15.08.10 Mobile, manufactured and modular homes.

A. Definitions:"Mobile home" is a factory-built dwelling built prior to June 15, 1976, to standards other than the HUD Code, and acceptable under applicable state codes in effect at the time of construction or introduction of the home into the State. Mobile homes have not been built since the introduction of the HUD Manufactured Home Construction and Safety Standards Act. A mobile home (pre-June 15, 1976) from outside Adams County cannot be brought into Adams County; however, a mobile home may be moved from one site to another within Adams County if a fire & life safety inspection is first performed and approved by Washington State Department of Labor and Industries.

"Manufactured home" is a single-family dwelling built after June 15, 1976, and according to the Department of Housing and Urban Development Manufactured Home Construction and Safety Standards Act, which is a national, preemptive building code. A manufactured home means a structure designed and constructed to be transportable in one or more sections, and is built on a permanent chassis, and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities that include plumbing, heating, and electrical systems contained therein. (See also RCW 46.04.302 and RCW 43.22.335):

"Modular home" means a factory-assembled structure designed primarily for use as a dwelling when connected to the required utilities that include plumbing, heating and electrical systems contained therein, does not contain its own running gear and must be mounted on a permanent foundation. A modular home does not include a mobile home or manufactured home.



B. All manufactured, mobile, or modular homes shall meet area specific snow load requirements. Snow load requirements shall be determined in the same method utilized for stick framed homes by the Building Official. If the home does not meet the site-specific snow load, a snow roof shelter designed to meet the snow load may be constructed over it. A permit for the snow roof must be issued prior to or concurrent with the permit for the placement of the manufactured, mobile, or modular home. The roof shelter must be completed, and the permit finalized within 90 days of issuance regardless of the status of the manufactured, mobile, or modular home placement permit.

C. All mobile, manufactured, or modular homes to be located in a Flood Hazard area shall comply with Chapter 15.16 (Flood Damage Prevention).

D. All mobile, manufactured, or modular homes located in a Wildland Urban Interface area, as determined by Adams County, shall comply with the provisions of the current adopted International Wildland-Urban Interface Code

E. All mobile and manufactured homes are State inspected dwellings and shall be placed on foundation systems that meet the requirements per the manufacturer's installation instructions or if the manufacturer is not specific, then to the standards listed in Chapter 296-150I WAC. All footings, foundations, skirting, landings, additions, and other external appendages shall be inspected and approved by Adams County prior to occupancy.

F. Mobile and manufactured homes may be placed on stands or blocked-in accordance with the manufacturer's installation instructions and skirted with materials approved for ground contact or below grade applications. Either of these dwellings placed on a basement shall require engineering. All alterations to a mobile or manufactured home shall require a permit through Washington State Department of Labor and Industries.

a. All modular home footings shall be designed by an engineer and specific to the home.

b. Any additions to a mobile, manufactured, or modular home shall be by separate permit through Adams County. An additional permit may also be required by the Washington State Department of Labor and Industries.

15.08.020 Recreational Vehicles and Park Model Trailers.

D. Definitions:

1. "Recreational vehicle" means a vehicular-type unit primarily designed for recreational camping or travel use that has its own motive power or is mounted on or towed by another vehicle. The units include travel trailers, fifth-wheel trailers, folding camping trailers, truck campers, and motor homes. An RV does not include a park model trailer for purposes of this section. A recreational vehicle is not



considered a mobile or manufactured home and is not constructed to the International Building Code standards. A recreational vehicle has an approval insignia from a state licensing authority.

2. Park model trailer, "recreational park trailer" is a trailer-type unit that is primarily designed to provide temporary living quarters for recreational, camping, or seasonal use, that meets the following criteria.

3. Built on a single chassis, mounted on wheels.

4. Having a gross trailer area not exceeding 400 square feet (37.15 square meters) in the set-up mode.

5. A park model trailer does not include a modular home, a mobile home, or manufactured home

E. A park model trailer may not be placed anywhere within the County, unless it is used as a primary residence and is located in manufactured/mobile home community as defined in RCW 59.20.030 that was in existence before June 8, 2008. Placement of park model trailer is further restricted in 15.16. and 15.16.160 Additionally, such placement shall be conditioned upon meeting all the requirements placed upon a mobile and/ or manufactured home in the same location.

F. All Park model trailers shall meet area specific snow load requirements. Snow load requirements shall be determined in the same method utilized for stick framed homes by the Building Official. If the park model trailer does not meet the site-specific snow load, a snow roof shelter designed to meet the snow load may be constructed over it. A permit for the snow roof must be issued prior to or concurrent with the permit for the placement of the park model trailer. The roof shelter must be completed, and the permit finalized within 90 days of issuance regardless of the status of the park model trailer placement permit.

G. All Park Model trailers located in a Wildland Urban Interface area, as determined by Adams County, shall comply with the provisions of the current adopted International Wildland-Urban Interface Code.

H. All Park Model trailers are State inspected dwellings and shall be placed on foundation systems that meet the requirements per the manufacturer's installation instructions or if the manufacturer is not specific, then to the standards listed in Chapter 296-150P WAC. All footings, foundations, skirting, landings, additions, and other external appendages shall be inspected and approved by Adams County prior to occupancy.

I. A Park Model trailer may be placed on stands or blocked-in accordance with the manufacturer's installation instructions and skirted with materials approved for ground contact or below grade applications. Otherwise, the park model must be placed on a basement or poured concrete foundation and such placement shall require engineering. Alterations to a park model trailer are prohibited.



J. Additions to park model trailers are prohibited.

K. An RV may not be used as a residence, except if it is a primary residence and is located in a manufacturer/mobile home community as defined in RCW 59.20.030 that was in existence before June 8, 2008. Such placement shall be conditioned upon meeting all the requirements placed upon a park models, mobile and/or manufactured home in the same location.

L. Except as provide in ACC 17 unless an RV is being used as a primary residence pursuant to subsection (H) above, an RV may be used for no more than four (4) weeks out of any six (6) weeks and shall be fully licensed and ready for highway at all times. An RV must be disconnected from utilities during the weeks that it is not in use.

M. A park model trailer must be connected to government approved utilities during use.

Section IV

Adams County Code Title 15, Chapter 15.12 “EXCAVATION AND GRADING” is repealed and replaced, to read as follows.

Chapter 15.12 EXCAVATION AND GRADING

15.12.010 Excavation and grading. Section(s) 1804 of the International Building Code in this chapter are amended in accordance with authority in RCW 19.27.040 to read as follows:

Section 1804.1 of the IBC Excavation near foundations. Excavation for any purpose shall not reduce vertical or lateral support for any foundation or adjacent foundation without first underpinning or protecting the foundation against detrimental lateral or vertical movement, or both.

Section 1804.2 Underpinning .Where underpinning is chosen to provide the protection or support of adjacent structures, the underpinning system shall be designed and installed in accordance with Chapter 18 and 33 of International Building Code.

Section 1804.2.1 Underpinning sequencing .Underpinning shall be installed in a sequential manner that protects the neighboring structure and the working construction site. The sequence of installation shall be identified in the approved construction documents.

Section 1804.3 Placement of backfill. The excavation outside the foundation shall be backfilled with soil that is free of organic material, construction debris, cobbles, and boulders or with a controlled low-strength material (CLSM). The backfill shall be placed in lifts and compacted in a manner that does not damage the foundation or the waterproofing or dam proofing material.



1. Exception: CLSM need not be compacted.

Section 1804.4 Site grading. The ground immediately adjacent to the foundation shall be sloped away from the building at a slope of not less than one-unit vertical in 20 units horizontal (5-percent slope) for a minimum distance of 10 feet (3048 mm) measured perpendicular to the face of the wall. If physical obstructions or lot lines prohibit 10 feet (3048 mm) of horizontal distance, a 5-percent slope shall be provided to an approved alternative method of diverting water away from the foundation. Swales used for this purpose shall be sloped not less than 2 percent in areas located within 10 feet (3048 mm) of the building foundation. Impervious surfaces within 10 feet (3048 mm) of the building foundation shall be sloped not less than 2 percent away from the building.1. Exceptions:

a. Where climatic or soil conditions warrant, the slope of the ground away from the building foundation shall be permitted to be reduced to not less than one-unit vertical in 48 units horizontal (2-percent slope).

b. Impervious surfaces shall be permitted to be sloped less than 2 percent where the surface is a door landing or ramp that is required to comply with Section 1010.1.5, 1012.3 or 1012.6.1 of the International Building Code.

c. The procedure used to establish the final ground level adjacent to the foundation shall account for additional settlements of the backfill.

1804.5 Grading and fill in flood hazard areas.

A. In flood hazard areas established in Section 1612.3 of the International Building Code, grading, fill, or both, shall not be approved: See ACC Chapter 15.16 for additional provisions

1. Unless such fill is allowed in accordance with ACC 15.16 and placed, compacted and sloped to minimize shifting, slumping and erosion during the rise and fall of floodwater and, as applicable, wave action.

2. In floodways, unless allowed in accordance with ACC 15.16 and it has been demonstrated through hydrologic and hydraulic analyses performed by a registered design professional in accordance with standard engineering practice that the proposed grading or fill, or both, will not result in any increase in flood levels during the occurrence of the design flood.

3. In coastal high-hazard areas, unless allowed in accordance with ACC 15.16 and such fill is conducted or placed to avoid diversion of water and waves toward any building or structure.

4. Where design flood elevations are specified but floodways have not been designated, unless allowed in accordance with ACC 15.16 and it has been demonstrated that the cumulative effect of the proposed flood hazard area encroachment, when combined with all other existing and anticipated flood



hazard area encroachment, will not increase the design flood elevation mora than 1 foot (305 mm) at any point.

1804.6 Compacted fill material. Where shallow foundations will bear on compacted fill material, the compacted fill shall comply with the provisions of an approved geotechnical report, as set forth in Section 1803 of the International Building Code.

Exception: Compacted fill material 12 inches (305 mm) in depth or less need not comply with an approved report, provided that the in-place dry density is not less than 90 percent of the maximum dry density at optimum moisture content determined in accordance with ASTM D1557. The compaction shall be verified by special inspection in accordance with Section 1705.6 of the International Building Code.

1804.7 Controlled low-strength material (CLSM). Where shallow foundations will bear on controlled low-strength material (CLSM), the CLSM shall comply with the provisions of an approved geotechnical report, as set forth in Section 1803 of the International Building Code.



Section V

Adams County Code Title 15, Chapter 15.16 “FLOOD DAMAGE AND PREVENTION” is hereby repealed and replaced, to read as follows.

Chapter 15.16

FLOOD DAMAGE AND PREVENTION

Sections:15.16.010 Statutory authorization.15.16.015 Schedule of fees15.16.020 Findings of fact.15.16.030 Purpose.15.16.040 Methods of reducing flood losses.15.16.050 Definitions.15.16.060 Lands to which this chapter applies.15.16.070 Basis for establishing the areas of special flood hazard.15.16.080 Penalties for noncompliance.15.16.090 Abrogation and greater restrictions.15.16.100 Interpretation.15.16.110 Warning and disclaimer of liability.15.16.120 Establishment of development permit.15.16.130 Local administrator—Designated—Duties.15.16.131 Elevation certificates. 15.16.132 Use of other base flood data. 15.16.133 Information to be obtained and maintained.15.16.134 Alteration of watercourses. 15.16.135 Interpretation of FIRM boundaries. 15.16.140 Variance procedure.15.16.150 Provisions for flood hazard reduction—General standards.15.16.160 Provisions for flood hazard reduction—Specific standards.15.16.170 Floodways.15.16.180 Encroachments.15.16.190 Standards for shallow flooding areas (AO Zones).15.16.200 Critical facility.



15.16.010 Statutory authorization.The Legislature of the state of Washington has delegated the responsibility to local government units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the board of county commissioners does ordain as follows in this chapter. (Ord. O-01-10 § 2 (part))

15.16.015 Schedule of fees. Fees for Flood Zone variance applications and related permits shall be as set forth in the Adams County master fee schedule established and set by resolution by the Board of County Commissioners.

15.16.020 Findings of fact.A. The flood hazard areas of the county are subject to periodic inundation which results in

loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.

B. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazard which increase flood heights and velocities and, when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to the flood loss. (Ord. O-01-10 § 2 (part))

15.16.030 Purpose.It is the purpose of this chapter to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed:

1. To protect human life and health.2. To minimize expenditure of public money and costly flood control and relief projects.3. To minimize the need for rescue and relief efforts associated with flooding generally

undertaken at the expense of the general public.4. To minimize prolonged business interruptions.5. To minimize damage to public facilities and utilities such as water and gas mains,

electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard.

6. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas.

7. To ensure that potential buyers are notified that property is in an area of special flood hazard; and

8. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

9. To administer the Washington State Floodplain Management Act (Chapter 86.16 RCW) and maintain Adams County's eligibility to participate in the National Flood Insurance



Program.



15.16.040 Methods of reducing flood losses.In order to accomplish its purpose, this chapter includes methods and provisions for:

1. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities.

2. Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.

3. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters.

4. Controlling filling, grading, dredging, and other development which may increase flood damage; and

5. Preventing or regulating the construction of flood barriers that will unnaturally divert floodwaters or may increase flood hazards in other areas.

15.16.050 Definitions.Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter its most reasonable application.

“Alteration of watercourse”: Any action that will change the location of the channel occupied by water within the banks of any portion of a riverine waterbody.

“Appeal” means a request for a review of the interpretation of any provision of this chapter or a request for a variance.

“Area of shallow flooding”: A designated zone AO, AH, AR/AO or AR/AH (or VO) on a community’s Flood Insurance Rate Map (FIRM) with a one percent or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. Also referred to as the sheet flow area.

“Area of special flood hazard” Land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. It is shown on the Flood Insurance Rate Map (FIRM) as zone A, AO, AH, A1-30, AE, A99, AR (V, VO, V1-30, VE). “Special flood hazard area” is synonymous in meaning with the phrase “area of special flood hazard”.

"Agriculture" is the grazing, feeding, and watering of livestock; plowing, seeding, cultivation, and harvesting for the production of crops and pasture; soil and water conservation practices; the maintenance of farm or stock ponds, irrigation ditches, irrigation structures, drainage ditches, underground drainage systems, fences and farm roads, the control of noxious weeds or other generally accepted agriculture practices, and for purposes of this chapter does not include associated structures and/or appurtenances.

“Base flood” means the flood having a one percent chance of being equaled or exceeded in any given year; also referred to as the “one-hundred-year flood.”



“Basement” means any area of the building having its floor subgrade (below ground level) on all sides.

“Best available information” In the absence of official flood insurance rate map data, communities can use data from other federal, state, or other sources provided this data has either been generated using technically defensible methods or is based on reasonable historical analysis and experience.

“Breakaway wall” means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.

Building: See "Structure."

“Critical facility” means facilities for which even a slight chance of flooding might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, and installations that produce, use or store hazardous materials or hazardous waste.

“Development” means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations and storage of equipment or materials located within the area of special flood hazard.

“Elevated building” means, for insurance purposes, a non-basement building which has its lowest elevated floor raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.

“Elevation Certificate” An administrative tool of the National Flood Insurance Program (NFIP) that can be used to provide elevation information, to determine the proper insurance premium rate, and to support a request for a Letter of Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F).

“Existing manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations.

“Expansion to an existing manufactured home park or subdivision” means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads).



“Flood” or “flooding” means

A. A general and temporary condition of partial or complete inundation of normally dry land areas from:1. The overflow of inland or tidal waters; and/or2. The unusual and rapid accumulation of runoff of surface waters from any sources.3. Mudslides (i.e., mudflows) which are proximately caused by flooding as defined in

paragraph (a)(2) of this definition and are akin to a river of liquid and flowing mud on the surfaces of normally dry land areas, as when earth is carried by a current of water and deposited along the path of the current.

B. The collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding as defined in paragraph (1)(i) of this definition.

Flood elevation study: An examination, evaluation, and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of mudslide (i.e., mudflow) and/or flood-related erosion hazards. Also known as a Flood Insurance Study (FIS).

“Flood insurance rate map (FIRM)” means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. A FIRM that has been made available digitally is called a Digital Flood Insurance Rate Map (DFIRM).

Floodplain or flood-prone area: Any land area susceptible to being inundated by water from any source. See "Flood or flooding."

Floodplain management regulations: Zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as floodplain ordinance, grading ordinance and erosion control ordinance) and other application of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.

Flood proofing: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate risk of flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents. Flood proofed structures are those that have the structural integrity and design to be impervious to floodwater below the Base Flood Elevation.

“Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water



surface elevation more than one foot a designated height (not more than one foot). Also referred to as "Regulatory Floodway."

Functionally dependent use: A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.

Highest adjacent grade: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

Historic structure: Any structure that is:

I. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register.

J. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district.

K. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

L. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

1. By an approved state program as determined by the Secretary of the Interior, or 2. Directly by the Secretary of the Interior in states without approved programs.

“Lowest floor” means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of this chapter found in Section 15.16.160(A)(2).

Mean Sea Level: For purposes of the National Flood Insurance Program, the vertical datum to which Base Flood Elevations shown on a community's Flood Insurance Rate Map are referenced.

“Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term “manufactured home” does not include a recreational vehicle.

“Manufactured home park or subdivision” means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent.



“New construction” means structures for which the start of construction commenced on or after the effective date of the ordinance codified in this chapter and includes any subsequent improvements to such structures. For floodplain management purposes, “new construction” means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures.

“New manufactured home park or subdivision” means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations.

One-hundred-year flood or 100-year flood: See "Base flood."

“Recreational vehicle” means a vehicle that is:

A. Built on a single chassis.B. Four hundred square feet or less when being measured at the largest horizontal projection

—(x) times the length.C. Designed to be self-propelled or permanently towable by a light duty truck; andD. Designed primarily not for use as a permanent dwelling but as temporary living quarters

for recreational, camping, travel, or seasonal use.

“Start of construction” includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty days of the permit date. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the “actual start of construction” means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

“Structure” means a walled and roofed building including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.

“Substantial damage” means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred.



“Substantial improvement” means any repair, reconstruction, or improvement of a structure the cost of which equals or exceeds fifty percent of the market value of the structure either:

A. Before the improvement or repair is started; orB. If the structure has been damaged and is being restored before the damage occurred. For

the purpose of this definition “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

The term does not, however, include either:

A. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

B. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.

“Variance” means a grant of relief from the requirements of this chapter that permits construction in a manner that would otherwise be prohibited by this chapter.

Violation: The failure of a structure or other development to be constructed or implemented in conformance with the community’s applicable floodplain development regulations.

“Water-dependent” means a structure for commerce or industry that cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. (Ord. O-01-10 § 2 (part))

Water surface elevation: The height, in relation to the vertical datum utilized in the applicable flood insurance study of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

15.16.060 Lands to which this chapter applies.This chapter shall apply to all areas of special flood hazard within the jurisdiction of Adams County. (Ord. O-01-10 § 2 (part))

15.16.070 Basis for establishing the areas of special flood hazard.The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled “The Flood Insurance Study for Adams County, Washington and Incorporated Areas,” dated January 16, 2009, and any revisions thereto with an accompanying flood insurance rate map (FIRM) and any revisions thereto, are adopted by reference and declared to be a part of this chapter. The flood insurance study and maps are on file with the County Auditor whose office is located at 210 W. Broadway, Ritzville, Washington 99169. The best available information for flood hazard area identification as outlined in Section 15.16.130(B)(2) shall be the basis for regulation until a new FIRM is issued which incorporates the data utilized under Section 15.16.130(B)(2). (Ord. O-01-10 § 2 (part))



15.16.080 Penalties for noncompliance.No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this chapter and other applicable regulations. Violations of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of its requirements shall upon conviction thereof be fined not more than one thousand dollars or imprisoned for not more than ninety days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the local administration from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. O-01-10 § 2 (part))

15.16.090 Abrogation and greater restrictions.This chapter is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this chapter and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (Ord. O-01-10 § 2 (part))

15.16.100 Interpretation.In the interpretation and application of this chapter, all provisions shall be:

A. Considered as minimum requirements.B. Liberally construed in favor of the governing body; andC. Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. O-

01-10 § 2 (part))

15.16.110 Warning and disclaimer of liability.The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasion. Flood heights may be increased by manmade or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the county, any officer or employee thereof, or the Federal Insurance Administration for any flood damages that result from reliance on this chapter, or any administrative decision lawfully made hereunder. (Ord. O-01-10 § 2 (part))

15.16.120 Establishment of development permit.A. Development Permit Required. A development permit shall be obtained before

construction or development begins within any area of special flood hazard established in Section 15.16.070. The permit shall be for all structures including manufactured homes, as set forth in Section 15.16.050, and for all development including fill and other activities, also as set forth in Section 15.16.050.

B. Application for Development Permit. Application for a development permit shall be made on forms furnished by the Adams County Building and Planning Department and may include but not be limited to plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question, existing or proposed



structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required:1. Elevation in relation to mean sea level of the lowest floor (including basement) of all

structures.2. Elevation in relation to mean sea level to which any structure has been floodproofed.3. Certification by a registered professional engineer or architect that the floodproofing

methods for any nonresidential structure meet the floodproofing criteria in Section 15.16.160(B); and

4. Description of the extent to which a watercourse will be altered or relocated as a result of proposed development. (Ord. O-01-10 § 2 (part))

15.16.130 Local administrator—Designated—Duties.A. Designation of the Local Administrator. The Building and Planning director is hereby

appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.

B. Duties and Responsibilities of the Local Administrator. Duties of the local administrator shall include, but not be limited to:1. Permit Review.

a. Review all development permits to determine that the permit requirements of this chapter have been satisfied.

b. Review all development permits to determine that all necessary permits have been obtained from those federal, state, or local governmental agencies from which prior approval is required; and

c. Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of Section 15.16.170(A) are met.

2. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with Section 15.16.070, the local administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source in order to administer Sections 15.16.160 and 15.16.170.

3. Information to Be Obtained and Maintained.a. Where base flood elevation data is provided through the flood insurance study,

FIRM or required as in subsection (B)(2) of this section, obtain and record the actual as-built elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.

b. For all new or substantially improved floodproofed nonresidential structures where base flood elevation data is provided through the FIS, FIRM, or as required in Section 15.16.120(B)(3):

i. Obtain and record the actual elevation (in relation to mean sea level) to which the structure was floodproofed; and

ii. Maintain the floodproofing certifications required in Section 15.16.120(B)(3).c. Maintain for public inspection all records pertaining to the provisions of this

chapter.



4. Alteration of Watercourses.a. Notify adjacent communities and the Department of Ecology prior to any

alteration or relocation of a watercourse and submit evidence of such notification to the Federal Insurance Administration.

b. Require that maintenance be provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

5. Interpretation of FIRM Boundaries. Make interpretations where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 15.16.140. (Ord. O-01-10 § 2 (part))

15.16.131 Elevation certificates. Flood elevation certificates will be required to be submitted to and be permanently maintained by the Adams County Public Works Department:

A. For construction drawings prior to review of a building permitB. For a building under construction prior to scheduling of a framing inspectionC. For finished construction prior to issuance of a Certificate of Occupancy

15.16.132 Use of other base flood data. When base flood elevation data has not been provided (A Zones) in accordance with 15.16.170, Basis for establishing the areas of special flood hazard, the Public Works director shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer 15.16.160 through 15.16.165, Specific standards, and 15.16.170, Floodways. The applicant for proposed developments where no base flood elevation exists shall conduct a site-specific engineering analysis to determine a base flood elevation for the project site.

15.16.133 Information to be obtained and maintained.A. Where base flood elevation data is provided through the flood insurance study, FIRM, or

required as in 15.16.132, obtain and record the actual (as built) elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.

B. For all new or substantially improved flood-proofed nonresidential structures where base flood elevation data is provided through the flood insurance study, FIRM, or as required in 15.16.132:

1. Verify and record the actual elevation (in relation to mean sea level) to which the structure was flood-proofed; and

2. Maintain the flood-proofing certifications required in 15.16.120(C).C. Maintain for public inspection all records pertaining to the provisions of this chapter.D. Certification required by Section 15.16.170 (floodway encroachments).E. Records of all variance actions, including justification for their issuance. F. Improvement and damage calculations.



G. Professional land surveyors shall be authorized to prepare elevation certificates for compliance with this chapter and the National Flood Insurance Program. Engineers and architects shall be authorized to prepare floodproofing certificates for compliance with this chapter and the National Flood Insurance Program.

15.16.134 Alteration of watercourses. The landowner shall:

A. Notify adjacent communities and the Department of Ecology prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Insurance Administration.

B. Provide and demonstrate an approved maintenance plan for all the areas within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.

15.16.135 Interpretation of FIRM boundaries. The Building and Planning Director shall make interpretations, where needed, as to exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in 15.16.140

15.16.140 Variance procedure.A. Appeal Board.

1. The board of adjustment as established by Chapter 2.16 of the Adams County Code shall hear and decide appeals and requests for variances from the requirements of this chapter.

2. The board of adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the local administrator in the enforcement or administration of this chapter.

3. Those aggrieved by the decision of the local administration, or any taxpayer, may appeal such decision to the board of adjustment, as provided in Section 17.84.030(B) of the Adams County Code.

4. In passing upon such applications, the board of adjustment shall consider all technical evaluations, all relevant factors, standards specified in other sections of this chapter, and:

a. The danger that materials may be swept onto other lands to the injury of others.b. The danger to life and property due to flooding or erosion damage.c. The susceptibility of the proposed facility and its contents to flood damage and

the effect of such damage on the individual owner.d. The importance of the services provided by the proposed facility to the

community.



e. The necessity to the facility of a waterfront location, where applicable.f. The availability of alternative locations for the proposed use which are not

subject to flooding or erosion damage.g. The compatibility of the proposed use with existing and anticipated

development.h. The relationship of the proposed use to the comprehensive plan and floodplain

management program for that area.i. The safety of access to the property in times of flood for ordinary and emergency

vehicles.j. The expected heights, velocity, duration, rate of rise, and sediment transport of

the flood waters and the effects of wave action, if applicable, expected at the site; and

k. The cost of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.

5. Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood elevation provided subsections (4)(a) through (k) of this section have been fully considered. As the lot size increases, the technical justification required for issuing the variance increases.

6. Upon consideration of the factors of subsections (A)(1) and (A)(4) of this section, and the purposes of this chapter, the board of adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.

7. The Building and Planning Department shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request.

8. After the county has rendered an order either granting or denying a flood control zone permit, said order may be appealed to the Pollution Control Hearings Board pursuant to state law.

B. Conditions for Variances.

3. Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items in subsections (A)(4)(a) through (k) of this section have been fully considered. As the lot size increases, the technical justification required for issuing the variance increases.



4. Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in this section.

5. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. Variance requests in the designated floodway shall be accompanied by a professional engineering analysis of the resultant base flood discharge.

6. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief upon:

a. A showing of good and sufficient cause.b. A determination that failure to grant the variance would result in exceptional

hardship to the applicant.c. A determination that the granting of a variance will not result in increased flood

heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.

7. Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare.

8. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except subsection (B)(1) of this section, and otherwise complies with Section 15.16.150(A) and (B).

9. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (Ord. O-01-10 § 2 (part))

15.16.150 Provisions for flood hazard reduction—General standards.In all areas of special flood hazard, the following standards are required:

B. Anchoring.1. All new construction and substantial improvements shall be anchored to prevent

flotation, collapse, or lateral movement of the structure.



2. All manufactured homes must likewise be anchored to prevent flotation, collapse, or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over-the-top or frame ties to ground anchors. (Reference FEMA’s “Manufactured Home Installation in Flood Hazard Areas” guidebook for additional techniques.)

C. AH Zone Drainage. Adequate drainage paths are required around structures on slopes to guide floodwaters around and away from proposed structures.

D. Construction Materials and Methods.1. All new construction and substantial improvements shall be constructed with

materials and utility equipment resistant to flood damage.2. All new construction and substantial improvements shall be constructed using

methods and practices that minimize flood damage.3. Electrical, heating, ventilation, plumbing, and air-conditioning equipment and

other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding.

E. Utilities.

1. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

2. The proposed water well shall be located on high ground that is not in the floodway (WAC 173-160-171).

3. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters; and

4. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

5. Fuel storage tanks shall either be elevated or anchored using methods and practices that minimize flood damage. (Consistent with FEMA's "Protecting Building Utilities from Flood Damage" guidebook for techniques).

F. Subdivision Proposals.

1. All subdivision proposals shall be consistent with the need to minimize flood damage.

2. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize or eliminate flood damage.

3. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and

4. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be generated for subdivision proposals and



other proposed developments that contain at least fifty lots or five acres (whichever is less).

5. All subdivisions shall show on the face of both the preliminary and final plat, for either short or long plats, the boundary of the 100year floodplain and floodway.

6. Review of Building Permits. Where elevation data is not available either through the flood insurance study, FIRM or from another authoritative source (Section 15.16.130(B)(2)), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above highest adjacent grade in these zones may result in higher insurance rates. (Ord. O-01-10 § 2 (part))

G. Changes to Special Flood Hazard Area

1. If a project will alter the BFE or boundaries of the special flood hazard area, then the project proponent shall provide the community with engineering documentation and analysis regarding the proposed change. If the change to the BFE or boundaries of the special flood hazard area would normally require a Letter of Map Change, then the project proponent shall initiate, and receive approval of, a Conditional Letter of Map Revision (CLOMR) prior to approval of the development permit. The project shall be constructed in a manner consistent with the approved CLOMR.

2. If a CLOMR application is made, then the project proponent shall also supply the full CLOMR documentation package to the Floodplain Administrator to be attached to the floodplain development permit, including all required property owner notifications.

15.16.160 Provisions for flood hazard reduction—Specific standards.In all areas of special flood hazard where base flood elevation data has been provided as set forth in Section 15.16.070, Basis for establishing the areas of special flood hazard, or Section 15.16.130(B)(2), Use of Other Base Flood Data, the following provisions are required:

A. Residential Construction.

1. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot or more above the base flood elevation.

2. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited or shall be designed to automatically equalize hydrostatic and hydrodynamic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a



registered professional engineer or architect or must meet or exceed the following minimum criteria:a) A minimum of two openings having a total net area of not less than one square

inch for every square foot of enclosed area subject to flooding shall be provided.b) The bottom of all openings shall be no higher than one foot above grade.c) Openings may be equipped with screens, louvers, or other coverings or devices

provided that they permit the automatic entry and exit of floodwaters.d) Because of hydrodynamic loads, below grade crawlspace construction is not

permitted in areas with flood velocities greater than 5 feet per second unless the design is approved by a registered architect or licensed engineer.

3. Any interior or exterior building utility systems must be elevated one foot or more above the Base Flood Elevation (BFE) or be designed so that floodwaters cannot enter or accumulate within the system components during flood conditions. Ductwork, in particular must be located above the BFE or sealed to prevent the entry of floodwaters.

4. Portions of buildings below the BFE must be constructed using methods and practices that minimize flood damages, and with materials resistant to flood damage. This includes any joists, pony walls, beams, posts, insulation, wall coverings, wall sheathing or other materials that extend below the BFE.

5. The elevation of the interior crawlspace grade (inside of the foundation walls in crawlspace construction) must be at or above the lowest elevation of the exterior grade. Below-grade crawlspace foundations will be allowed only if all of the following conditions are met, in addition to the minimum criteria set forth above in this subsection: (buildings that have below-grade crawlspaces may have higher flood insurance premiums than buildings that have the preferred crawlspace construction, with the interior elevation at or above the lowest adjacent exterior grade).a) The interior grade of the crawlspace (below the BFE) must not be more than 2

feet below the lowest adjacent exterior grade.b) The height of the below-grade crawlspace, measured from the interior grade of

the crawlspace to the top of the crawlspace foundation wall must not exceed 4 feet at any point.

c) There must be an adequate drainage system that removes floodwaters from the interior of the crawlspace. Possible options include natural drainage through porous, well drained soils and drainage systems such as perforated pipes, drainage tiles, gravel or crushed stone drainage by gravity, or mechanical means.

d) The velocity of floodwaters at the site should not exceed five feet per second for any crawlspace. For velocities in excess of five feet per second, other foundation types should be used.

6. Garages attached to a residential structure must have the floor elevated above the BFE or be constructed according to the following conditions:



a) The walls must have openings designed to automatically equalize hydrostatic and hydrodynamic flood forces by allowing for the entry and exit of floodwaters. (See the requirements listed above for the residential structure per 15.16.160(A)).

b) All portions of the garage below the BFE must be constructed with materials resistant to flood damage. This includes any studs, walls, beams, posts, insulation, wall coverings, wall sheathing or other materials that extend below the BFE.

c) Any utility systems within the garage must be elevated one foot or more above the Base Flood Elevation (BFE) or be designed so that floodwaters cannot enter or accumulate within the system components during flood conditions.

B. Nonresidential Construction.

New construction and substantial improvement of any commercial, industrial, or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot or more above the base flood elevation or, together with attendant utility and sanitary facilities, shall:

1. Be flood-proofed so that below one foot above the base flood level the structure is watertight with walls substantially impermeable to the passage of water.

2. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy.

3. Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications, and plans. Such certifications shall be provided to the official as set forth in Section 15.16.130(B)(3)(b);

4. Nonresidential structures that are elevated, not floodproofed, must meet the same standards for space below the lowest floor as described in subsection (A)(2) of this section; and

5. Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building floodproofed to the base flood level will be rated on one foot below).

C. Critical Facility.

Construction of new, critical facilities shall be located outside the limits of the special flood hazard area. However, new construction and substantial improvement of both new and existing critical facilities shall be permissible within the 100-year floodplain, provided no feasible alternative site is available, and provided the facility's nature is related to or necessitates a riverine location (such as municipal water and sewer pump stations and related treatment facilities).



1. Critical facilities shall have the lowest floor elevated three feet or more above the base flood elevation or the height of the 500-year flood, whichever is higher; and

2. Flood-proofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters; and

3. Access routes to critical facilities shall be elevated to or above the base flood elevation to the extent possible.

D. Manufactured Homes.

1. All manufactured homes to be placed or substantially improved on sites shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot or more above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement:

a) Outside of a manufactured home park or subdivision.b) In a new manufactured home park or subdivision.c) In an expansion to an existing manufactured home park or subdivision; ord) In an existing manufactured home park or subdivision on which a manufactured

home has incurred "substantial damage" as the result of a flood; shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one foot or more above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement in accordance with 15.16.150

2. Manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision that are not subject to the above manufactured home provisions be elevated so that either:H. The lowest floor of the manufactured home is elevated one foot or more above the

base flood elevation; orI. The manufactured home chassis is supported by reinforced piers or other foundation

elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

E. Recreational Vehicles.

1. Recreational vehicles shall not be placed in a special flood hazard area from January 1st until the Wednesday before Memorial Day and again from November 15th through December 31st. The prohibition shall be inclusive of the end date of each period. An RV placed before the prohibited period shall not remain after November 14th; and

a) Exception: This regulation shall not be interpreted to prevent recreational use of property but shall prohibit the unattended storage of all recreational vehicles and equipment during the flood season as outlined in 15.16.160 (E). If a notice of correction is placed upon the Recreational Vehicle and such notice is observed upon such Recreational Vehicle over 72 hours later, such observation shall create



a rebuttable presumption of unattended storage. Such notice must reference that failure to remove it will create the before stated presumption.

b) Exception: Lawfully established, conditionally permitted uses (CUPs) such as campgrounds and recreational parks in existence prior to the adoption of this ordinance shall be allowed to continue their approved operations provided such uses are not dangerous to life and property and have and continue to comply with the laws and regulation as they existed at the time the CUP was issued. Such uses shall not be expanded and must comply with all rules and regulations regarding nonconforming uses.

2. Recreational vehicles a shall be fully licensed and ready for highway use, on its wheels or jacking system, be attached to the site only by quick disconnect type utilities and security devices and have no permanently attached additions.

3. Park Model Trailers as defined in Chapter 15.08 shall not be placed in a flood hazard area.

15.16.170 Floodways.Located within areas of special flood hazard established in Section 15.16.070 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

A. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer is provided demonstrating through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.

B. Construction or reconstruction of residential structures is prohibited within designated floodways, except for (1) repairs, reconstruction, or improvements to a structure which do not increase the ground floor area; and (2) repairs, reconstruction or improvements to a structure, the cost of which does not exceed fifty percent of the market value of the structure either (a) before the repair or reconstruction is started, or (b) if the structure has been damaged, and is being restored, before the damage occurred. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or to structures identified as historic places shall not be included in the fifty percent.

C. If subsection A of this section is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Sections 15.16.150 and 15.16.160. (Ord. O-01-10 § 2 (part))

15.16.180 AE AND A1-30 ZONES WITH BASE FLOOD ELEVATIONS BUT NO FLOODWAYS (44 CFR 60.3(C)(10))

In areas with BFEs (but a regulatory floodway has not been designated), no new construction,



substantial improvements, or other development (including fill) shall be permitted within zones A1-30 and AE on the community’s FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community.

15.16.190 Standards for shallow flooding areas (AO Zones).Shallow flooding areas appear on FIRMs as AO Zones with depth designations. The base flood depths in these zones range from one to three feet above ground where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas, the following provisions apply:

A. New construction and substantial improvements of residential structures and manufactured homes within AO Zones shall have the lowest floor (including basement) elevated above the highest grade adjacent to the building, one foot or more above the depth number specified on the FIRM (at least two feet if no depth number is specified).

B. New construction and substantial improvements of nonresidential structures within AO Zones shall either:

1. Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, one foot or more above the depth number specified on the FIRM (at least two feet if no depth number is specified); or

2. Together with attendant utility and sanitary facilities, be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as in Section 15.16.160(B)(3).

C. Require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.

D. Recreational vehicles placed on sites within AO Zones on the community’s FIRM shall either:

1. Be on the site for fewer than one hundred eighty consecutive days.2. Be fully licensed and ready for highway use, on its wheels or jacking system, be attached

to the site only by quick-disconnect type utilities and security devices, and have no permanently attached additions; or

3. Meet the requirements of this section and the elevation and anchoring requirements for manufactured homes.

15.16.200 Critical facility.



Construction of new critical facilities shall be, to the extent possible, located outside the limits of the special flood hazard area (SFHA) (one-hundred-year floodplain). Construction of new critical facilities shall be permissible within the SFHA if no feasible alternative site is available. Critical facilities constructed within the SFHA shall have the lowest floor elevated three feet or to the height of the five-hundred-year flood, whichever is higher. Access to and from the critical facility should also be protected to the height utilized above. Floodproofing and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible. (Ord. O-01-10 § 2 (part))



SECTION VI

Severability. If any section, sentence clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence clause or phrase of the ordinance.

SECTION VII

Effective Date. This Ordinance shall take effect and be in full force five (5) days after adoption and recording.

ADOPTED this ______ day of ____________, 2021.

BOARD OF COUNTY COMMISSIONEERSADAMS COUNTY, WASHINGTON

_____________________________Terrance J. Thompson, Chairman

_____________________________, Vice-Chairman

_____________________________, Commissioner

ATTEST:

Patricia J. Phillips, CMC Clerk of the Board

Approved as to form:

Randy J. Flyckt, Prosecutor
