1. Any reference to the “Everett building code,” “Everett mechanical code,” “Everett fire code,” “Everett plumbing code,” “Everett electrical code,” and “Everett energy code,” in the Everett Municipal Code or elsewhere, refers to the corresponding code adopted pursuant to Section 16.005.030.

2. Unless the context requires otherwise, any reference to a code adopted pursuant to Section 16.005.030 refers to that code as adopted herein.

3. Unless context requires otherwise, any reference to “jurisdiction” refers to the “city of Everett.”

4. Unless the context requires otherwise, any reference to “department of building safety,” “department of mechanical inspection,” “department of maintenance inspection,” or “department of inspection” refers to the “building division.”

5. Unless the context requires otherwise, any reference to “International Electric Code” or “ICC Electric Code” refers to the “National Electric Code,” as adopted herein.

6. Unless the context requires otherwise, any reference to the “International Plumbing Code” refers to the “Uniform Plumbing Code” as adopted herein.

7. Unless the context requires otherwise, any reference to the “International Energy Conservation Code” refers to the “Washington State Energy Code” as adopted herein.

8. Unless the context requires otherwise, any reference to “code official” refers to the “building official.”

9. All codes adopted pursuant to Section 16.005.030 are hereby amended by the addition of the following:

General Purpose

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

It is the specific intent of this Code to place the obligation of complying with its requirements upon the permit applicant and any person owning, operating or controlling any building or structure within its scope and no provision nor term used in this Code is intended to impose any duty whatsoever upon the City or any of its officers or employees for whom the implementation or enforcement of this Code shall be discretionary and not mandatory.

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

Notwithstanding any language used in this Code, it is not the intent of this code to create a duty and/or cause of action running to any individual or identifiable person but rather any duty is intended to run only to the general public.

10. All codes adopted pursuant to Section 16.005.030 are hereby amended by the addition of the following:

Board of Review

Any reference in this Code to the “Board of Appeal” is to the Board of Review under Everett Municipal Code Chapter 16.64. The provisions of Everett Municipal Code Chapter 16.64, and not the provisions of this Code, govern the Board of Review.

11. All codes adopted pursuant to Section 16.005.030 are hereby amended by the addition of the following:

Violations and Penalties

1. A violation of the provisions of this Code shall be subject to the City’s Civil Enforcement Procedures as set forth in Chapter 1.20 EMC and any person, firm or corporation who violates any provision of this Code shall be subject to said enforcement procedures. Provided that, regardless of language to the contrary, any violation citation issued concerning a violation of this Code may be issued by the Building Official or his or her designee, or by a code enforcement officer with the concurrence of the Building Official or his or her designee.

2. Any person, firm or corporation who violates any provision of this Code shall be deemed guilty of a misdemeanor, and each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued or permitted, and upon conviction of any such violation, such person, firm or corporation shall be punishable by a fine not to exceed one thousand dollars, or imprisonment in jail not to exceed ninety days or by both such fine and imprisonment.

3. The enforcement provisions and procedures provided in this Code are not exclusive and the City is authorized to pursue any remedy it deems appropriate or as otherwise provided by law.

4. The issuance or granting of a permit or approval of plans and/or specifications shall not be deemed or construed to be a permit for, or an approval of, any violations of any of the provisions of this Code or any other law or regulation. No permit presuming to give authority to violate or cancel the provision of this Code shall be valid, except insofar as the work or use, which it authorized, is lawful.

5. The issuance or granting of a permit or approval of plans and/or specifications shall not prevent the Building Official or his or her designee from thereafter requiring the correction of errors in said plans and/or specifications or from preventing construction operation being carried on thereunder when in violation of this Code or of any other ordinance, law or regulations or from revoking any certification of approval when issued in error.

12. All codes adopted pursuant to Section 16.005.030 are hereby amended by the addition of the following:

Authority to Abate

1. Any violation of this Code determined to exist after inspection by the Building Official, or his or her designee, is hereby declared to be a nuisance.

2. Where a nuisance exists, the City Attorney on behalf of the City is authorized to institute injunction, mandamus, or other appropriate action or proceeding to prevent the violation of this Code.

3. Notwithstanding paragraph (2), the City Attorney is authorized to apply to any court of competent jurisdiction for and such court, upon hearing and for cause shown, may grant a temporary or permanent injunction restraining any person, firm and/or corporation from violating any provision of this Code and compelling compliance herewith. The cost of such action shall be taxed against the violator.

4. A conviction of any person, firm or corporation for violating this Code shall not impede the authority granted in this section to the City Attorney or City.

13. All codes adopted pursuant to Section 16.005.030 are hereby amended by the addition of the following:

Fees. Regardless of any other language in this code to the contrary, the fees for activities and services performed under this code will be set by the building official.

14. All codes adopted pursuant to Section 16.005.030 are hereby amended by the addition of the following:

Regardless of language to the contrary, the building official shall have discretion to require compliance with this code in a shorter period of time than is established by this code.

15. All codes adopted pursuant to Section 16.005.030 are hereby amended by the addition of the following:

This Code will be administered by the Building Official, who may adopt rules and regulations consistent with its terms.

16. All codes adopted pursuant to Section 16.005.030 are hereby amended by the addition of the following:

Other laws. Regardless of language to the contrary, the provisions of this code shall not be deemed to nullify any provisions of local, state or federal law, or local regulation or practice. If this code conflicts with a federal, state or local law, or local regulation or practice such federal, state or local law, or local regulation or practice shall control.

17. For the purposes of the IFC, unless the context requires otherwise, any reference to “building official” in this subsection A refers to the “fire code official.”