Temporary Structures
There is a lot of misinformation and confusion about the City’s recent code enforcement action on unpermitted temporary structures around town. We want to help answer some of the frequently asked questions, while also setting the record straight around a few of the concerns.
Background
The City’s adopted building codes have been in place for more than 60 years. The Uniform Building Code was first adopted in Snohomish back in 1959, followed by the International Building Code, a worldwide standard code which has been 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 International Building Code was adopted by 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 Building Code. There haven’t been any new ordinances passed and the City hasn’t made anything more stringent for businesses.
What happened recently was the City resuming code enforcement activities on unpermitted structures that had been on pause for several years. The City of Snohomish issued a state of emergency in March 2020 in response to the COVID-19 pandemic. This suspended code enforcement on outdoor seating areas 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. The structures were only allowed to remain unpermitted and in place due to the state of emergency. Once the emergency proclamation was lifted on November 1, 2022, the temporary structures either needed to be removed or permitted.
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 Building Code. Temporary structures that meet permit requirements are only allowed to be up for a maximum of six months or 180 days. 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, City staff began reaching out to restaurants and bars that still had these structures in place, asking that they either file for a permit or have them removed. A vast majority of those restaurants and bars promptly removed the structures as requested.
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.
These notices were legally required to go to both the business operators and the property owner if the business had a lease agreement. The voluntary compliance agreement was also required to be signed by the property owner, as they have the ultimate responsibility for ensuring compliance with local, state, and federal laws. There were some instances where a landlord required the tenant to take additional measures beyond what the City was requiring because of their lease agreements.
At this time, 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.
Frequently Asked Questions
Q: Does the City allow outdoor seating at bars and restaurants?
A: Yes, outdoor seating is allowed with the appropriate permits. The City is also looking at the feasibility of expanding outdoor seating options in the future within the historic downtown area as it embarks on the First Street Master Plan process. Staff will be working with partners over the next 12-18 months to get community input throughout the process.
Q: What’s happening with the outdoor structures I’ve noticed at some bars and restaurants across Snohomish?
A: When the City’s state of emergency was issued in response to the COVID-19 pandemic, this allowed businesses to add temporary structures for outdoor seating and dining. This suspended code enforcement on outdoor seating areas that were temporarily allowed during the pandemic to accommodate social distancing and keep businesses open. 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.
Q: Do all the structures have to be removed?
A: Yes. While each structure is different, none complied with the applicable codes and none were permitted.
Q: How has the City worked with affected businesses and how can they comply with the applicable codes?
A: After identifying the unpermitted structures, City staff hand-delivered letters to businesses notifying them of the code compliance issue and requesting contact information for the most appropriate business representative for City staff to work with. Staff have had ongoing conversations with these businesses in 2023 and 2024.
To meet code compliance, outdoor structures require a permit. For businesses needing more time to respond to this issue, the City offered a voluntary compliance agreement which granted them six months to either remove the structure or get a permit for a permanent structure. Signing this agreement satisfies the code compliance requirement for the Snohomish Thrives Grant Program, which two of these businesses have received.
Q: What is the status of the structures now?
A: At this time, 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 have until May 7, 2024, to have the unpermitted structures removed completely or receive permit approval for either a temporary or permanent alternative in its place.
Q: Why can’t the City just let the businesses keep their structures?
A: 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 operator. 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 an inequity for those businesses that follow permitting requirements.
Q: What codes are we talking about and why do they matter?
A: The City municipal codes in question are dictated by international building and fire codes that are required of all cities in Washington state. They are designed to ensure public safety, not just for outdoor structures but for all buildings and structures. Permitting creates a process that helps ensure that these codes are being met for all buildings and site improvements across the City of Snohomish.
Q: Why can’t the City change its code so that these structures can be allowed?
A: The City’s code is based on the International Building Code, which the City is mandated by the State Building Code Council to adopt and enforce. While a city can be more stringent than state or federal laws, they cannot be less restrictive. The structures that were in place were not permitted and did not meet standards. Businesses and restaurants can apply for a temporary or permanent structure permit if they want to have a similar outdoor dining experience, but they have to be designed to meet the International Building Code requirements.
Q: How does the City approach code enforcement?
A: The City uses a complaint-based code enforcement system, which means that code enforcement staff are obligated to investigate and respond to allegations of code violations made by members of the public. Due to life safety concerns, however, unpermitted structures and building work must be addressed even if a complaint is not received.