By Heather Thomas / For The Herald
Some online ads have surfaced recently that have a lot of misinformation and confusion about the City of Snohomish’s code enforcement action regarding unpermitted temporary structures around town, such as outdoor seating and dining. We want to help answer some of the frequently asked questions, while also setting the record straight.
No new ordinance has been enacted by the city. The city’s adopted building codes have been in place for more than 60 years. The current version is the International Building Code, a standard code in place for all Washington cities since 2004. The Washington State Building Code Council mandates that local jurisdictions like the City of Snohomish adopt these building and construction codes as they are updated. The last update of the building code was adopted by the Snohomish City Council through Ordinance 2414 in 2021. While a city can be more stringent than state or federal laws, they cannot be less restrictive. Structures used for outdoor seating and dining — temporary or permanent — must be permitted. This has been the case since 1959, and the city’s requirements for these permits mirror the international code.
The end of state of emergency for the pandemic meant some structures needed to be removed. The city issued a state of emergency in March 2020 in response to the covid-19 pandemic. This suspended code enforcement on outdoor seating areas for several years and allowed businesses to add temporary structures for outdoor seating and dining. Temporary structures like these were never intended to be used for commercial purposes, like dining or outdoor seating, because they violate the International Building Code. Once the emergency proclamation was lifted on Nov. 1, 2022, the temporary structures either needed to be removed or permitted.
Temporary or not, outdoor dining structures still require a permit. While some of these structures may have been installed by engineering or construction firms, they still are required to be permitted and meet the international standards. Temporary structures that meet permit requirements are only allowed to be up for a maximum of six months. Certain types of permanent structures are allowed under these standards, but they also have to be permitted and inspected by the city’s building official. In early 2023, staff reached out to restaurants and bars that still had these structures in place. A vast majority of those restaurants and bars promptly removed the structures as requested.
The city has provided multiple options and opportunities to come into compliance. In August 2023, a total of eight businesses were contacted because they had not responded to previous requests to file for a permit or remove these structures. These businesses were issued official code enforcement notices and provided the option of removing the structure or entering into a voluntary compliance agreement. The city developed this voluntary compliance agreement to provide the businesses with an additional six-month period during which they could keep the structure up while they worked with the city on a longer-term solution to get permitted.
The city has an obligation to enforce life and safety issues. These structures violate the International Building Code, which the city is mandated by the State Building Code Council to adopt and enforce. Not only would knowingly allowing an unpermitted structure like these be a violation of state and international codes, but it opens a significant amount of liability for the city, property owners and business operators. This presents a risk to the taxpayers as the city could be named in a lawsuit for failing to enforce safety regulations if someone were harmed. Lastly, not enforcing the building code requirements for some businesses creates inequity for those businesses that follow permit requirements.
All businesses have either removed the structures or are working with the city on permitting. Four of those eight businesses have removed their unpermitted structures. The remaining four businesses, in conjunction with their property owners, have entered into a 180-day voluntary compliance agreement. They are working with city staff on potential structures that will meet the International Building Code and fire code requirements.
It is important to get both sides of the story when viewing social media ads and online comments. As is usually the case, there’s a lot more to it than a few soundbites. The city has created a webpage on this topic with more background and frequently asked questions. I invite you to review that information at: www.snohomishwa.gov/821/Temporary-Structures.
Heather Thomas is city administrator for the City of Snohomish.
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