Ord 04-466
ORDINANCE NO. 04-466
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 8 OF THE
FEDERAL WAY CITY CODE AND ADOPTING THE 2003
INTERNATIONAL FIRE CODE (AMENDING ORDINANCES NOS.
90-33,90-54,92-127,92-143,97-147,97-291, AND 99-340)
WHEREAS, The City of Federal Way is required to adopt the State of Washington International
Fire Code as amended by the State Building Code Council pursuant to RCW 19.27.031; and
WHEREAS, the State Building Code Council has mandated that the International Fire Code
become effective on July 1,2004; and
WHEREAS, the City has determined that it is necessary to protect the public heath, safety, and
welfare by adopting the 2003 International Fire Code as published by the International Code Conference
(ICC); and
WHEREAS, the City of Federal Way has considered a proposed change to the Federal Way City
Code (FWCC) relating to the Fire Code (Proposal); and
WHEREAS, the Land Use and Transportation Committee of the City Council considered the
Proposal on September 13, 2004, and moved to forward the proposed Building Code amendment to
Chapter 5 of the Federal Way City Code to the full City Council;
Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
Section 1. Chapter 8, Article I, Section 8-1 of the Federal Way City Code is amended to read as
follows:
8-1 Purpose.
The purpose of this chapter is not to create or otherwise establish or designate any
particular class or group of persons '",no ',viii or should be especially protected or
benefitted by the terms ofthis chapter.
The purpose of the codes and regulations adopted in this chapter are 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 these codes and regulations.
Ord. No. 04-466 , Page]
OR I GfNAL
Section 2. Chapter 8, Article I, Section 8-4 of the Federal Way City Code is amended to read as
follows:
8-4 Alterations, repairs~ and additions to buildings.
The provisions of this chapter shall apply to all buildings which are altered or repaired
one or more times during any 70 month period, '."here the yalue of the alterations or
repairs during that period exceeds 50 percent of the bHilding's assessed value as
determined by the King CoHnt)' auditor as of the date the first permit application for stich
alterations or repairs is stibmitted to the cit),. ,A~ny addition to an existing structure shall
be considered new construction subject to the provisions of this chapter.
The provisions of this chapter shall apply to all new construction, relocated buildings,
and to any alterations, repairs, or reconstruction, except as provided for otherwise in this
chapter.
Section 3. Chapter 8, Article I, Section 8-5 ofthe Federal Way City Code is amended to read as
follows:
8-5 Fire protection of high-rise buildings.
High-rise buildings shall be provided with fire protection systems in accordance with
UFliform International Building Code Sections 403.2 through 403.-W II and Uniform
International Building Code Chapter 9 as adopted by this Code.
Section 4. Chapter 8, Article II, of the Federal Way City Code is amended to read as follows:
Article II.
STANDARDS
Sections:
Division I. Generally
8-26 - 8-35 Reserved.
Division 2. Administration
8-36 Authority to adopt rules and regulations.
8-37 Additional conditions.
8-38 Liability.
8-39 UFlif{)fm International Fire Code Section 103.1.1 108.1 amended - Board of appeals.
8-40 Civil enforcement.
8-41 - 8-50 Reserved.
Division 3. Fire Code
8-51Code adopted.
8-52 Amendments.
8-53 New materials, processes or occupancies which may require permits.
8-54 Structures over water.
8-55 - 8-65 Reserved.
Ord. No. 04-466, Page 2
Division 4. Fire Alarms and Sprinkler Systems
8-66 Definitions.
8-67 Life safety/rescue access.
8-68 Fire detection system.
8-69 Installation.
8- 70 - 8-90 Reserved.
Section 5. Chapter 8, Article II, Section 8-36 of the Federal Way City Code is amended to read
as follows:
8-36 Authority to adopt rules and regulations.
(a) The city shall adopt rules and regulations for the implementation of this article,
including:
(1) Procedures to assure that building permits for structures conform to the
requirements of this article.
(2) Procedures to assure that these standards shall be reviewed as part of the
subdivision, planned unit development, rezone, conditional use and unclassified use
permit processes.
(3) Procedures to assure that a report of fire protection impacts is submitted in all
cases where a proposed structure or land use is regulated.
(1) Procedures to allow for hydnmt spacing reqHirements to be relaxed b)' as much as
50 perceFlt pursuant to the Uniform Fire Code, except where such allowances would
unreasonably reduce fire protectioFl to the area or structures served.
(b) No less than one copy shall be available for public inspection and review in the fire
department office or the building department. The city may offer the rules and regulations
for sale for a reasonable cost to cover printing and handling.
Section 6. Chapter 8, Article II, Section 8-39 of the Federal Way City Code is amended to read
as follows:
8-39 Uniform International Fire Code Section 103.1A 108.1 amended - Board of
appeals.
103.1.4 108.1 Appeals. Section 103.1.1 108.1 of the Uniform International Fire
Code, as adopted by this chapter, is hereby amended to read as follows:
Appeals made from any ruling made under this article, except for rulings or
decisions pertaining to enforcement of this article, may be made to the hearing
examiner appointed by the city. Procedural rules concerning appeals shall be as
provided in process III of Chapter 22 FWCC, Zoning.
Section 7. Chapter 8, Article I, Section 8-51 of the Federal Way City Code is amended to read as
follows:
8-51 Code adopted.
The following code, as amended, added to, or excepted in this chapter, together with
all amendments and additions provided in this title, is adopted and shall be applicable
within the city:
Ord. No. 04-466, Page 3
(1) The following chapters of the Washington Administrative Code as presently
constituted or as may be subsequently amended:
a. Chapter 51-44 54 WAC - State Building Code Adoption and Amendment of
the +991 2003 Edition of the Uniform International Fire Code including Appendices
Chapters I ,A~, I C, II F, III ,\, III B, aFld III C B, C, D, E, and F. State amendments to
SectioFls 103.2.1.1, II 09.8.3, 7101.2.3, and 7802, are adopted only to the exteflt that they
apply to buildings containing four dwelling tißits or less; iß all other respects the
foregoing state amendments are flat adopted. State amendments to Sections 901.2.2.1,
901.1.2, 902.1, 902.2 through 902.2.1.1 and 7902.1.7.2.1, 308.3.4-308.3.5, 308.3.7,
503.1-503.4,903.2.1 0.3,3006.4 are not adopted for any buildings.
b. Chapter 51 15 W,A~C State Buildiflg Code ,^~doptiofl and Amendment of the
1997 Edition of the Uniform Fire Code Standards.
Section 8. Chapter 8, Article II, Section 8-52 of the Federal Way City Code is amended to read
as follows:
8-52 Amendments.
The following amendments to the fire code adopted in FWCC 8-51 are hereby
adopted:
(l) Section ~ 307.1 is amended to read as follows:
Section ~ 307.1. Open burning prohibited. Open burning within the city
limits is prohibited.
(2) Sectioß 1007.3.3.6.2 is afReflded to read as follows:
The installatioH or use of any electric, electronic or mechanical alarm device
which gives automatic notice to the commußicatiofls center of the cit)' fire
department on emergency or business telephone numbers is prohibited.
Ißdividuals, agencies or companies may use the special telephofle line f{)r
automatic ßotificatiofl ,tYhefl approyed by the fire chief. This provisioß
specifically includes deyices utilizing the public telephone system.
(2) Amend section 906.1 to delete the exception to 906.1, Item 1.
(3) Section 7701.7.2 3304.1 is amended to read as follows:
W The storage of explosives and blasting agents within the city is prohibited.
Exception. The fire chief may issue a special permit for such storage where it
appears in his or her judgment there will be no undue danger to persons or
property.
(1) Section 8201.2 is amended by the addition of two Be"" paragraphs to read as
follmNs:
The aggregate capacit), of aflY one ißstallation which contaißs more thaß 2,000
water gallons of liquefied petroleum gas is prohibited \vithin the cit)'.
Ord. No. 04-466 , Page 4
Exception. The fire chief ma)' issue a special permit for stich storage where it
appears in his or her judgmeflt there '.vill be ßO undue danger to persoßs or
propefÍ)'.
(4) Amend 1008.1.8.3 to delete 1008.1.8.3, exception 2.1
(5) Appendix II F shall apply to all aboveground flammable and combustible liquid
storage tanks.
Section 9. Chapter 8, Article II, Section 8-66 of the Federal Way City Code is amended to read
as follows:
8-66 Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Board of appeals shall mean the hearing examiner appointed by the city pursuant to
process I of Chapter 22 FWCC, Zoning.
Fire detection system shall mean a heat and/or smoke detection system monitored by a
central and/or remote station conforming to the current requirements of the National Fire
Protection Association standards and/or the fire chief or designee.
Fire sprinkler system shall mean an integrated system of piping connected to a water
supply with sprinklers which will automatically initiate water discharge over a fire,
conforming to the current requirements of the National Fire Protection Association
standards and/or the fire chief or designee.
Life safety/rescue access shall mean an unobstructed access to all floor levels and each
roof level of a building on not less than 20 percent of the building perimeter by utilizing a
35-foot ladder. An alternate method would be at least one stairway enclosure with exit
doorways from each floor level and with a door opening onto each roof level which
conforms to the requirements of the Unif{)rm International Building Code.
Section 10. Chapter 8, Article II, Section 8-68 of the Federal Way City Code is amended to read
as follows:
8-68 Fire detection system.
(a) All occupancies exceeding 3,000 square feet gross floor area shall be required to
provide an approved automatic fire detection system. ,\rea separation Fire walls as noted
in Section ~ 705 of the Uniform International Building Code shall not be considered
to separate a building to enable deletion of the required fire detection system.
(b) The following are exceptions to this section:
(1) Group U or R, Division 3, occupancies;
(2) Occupancies protected throughout by an approved/monitored automatic sprinkler
system can delete heat detectors from the system.
Section 11. Chapter 8, Article II, Section 8-69 of the Federal Way City Code is amended to read
as follows:
8-69 Installation.
Fire sprinkler systems shall be installed:
(l) In all Group R, Division 3, occupancies exceeding 2,500 square feet gross floor
area (including attached garages) without adequate fire flow except as cited.
Ord. No.04-466 ,Page 5
(2) In all R-3 occupancies without approved fire department access as defined in Section 9W-
503 ofthe Ußiform International Fire Code.
(3) In all Group R, Division + 2., occupancies having three or more levels or
containing five or more dwelling units and Group R, Division 1 betels occupancies
having three or more floor levels or containing 10 or more guest rooms. Quick response
standard sprinkler heads shall be used in accordance with their approved listing in the
dwelling unit and guest room portions of the buildings. For the purposes of this section,
condominiums shall be treated as apartments. For the purpose of this section, a floor level
shall be defined as "that portion of a building included between the upper surface of any
floor and the surface of the next floor or roof above." ¡\~røa separation Fire walls as noted
in Section ~ 705 of the Uniform International Building Code shall not be considered
to separate a building to enable deletion of the required fire sprinkler system.
(4) In Group A occupancies that are used as nightclubs and disco~ where no alcohol
is served and where the total gross floor area exceeds 5,000 square feet. "A.rea separatiofl
Fire walls as noted in Section W4,6 705 of the Ußiform International Building Code shall
not be considered to separate a building to enable deletion of the required fire sprinkler
system.
(5) In all other occupancies requiring 2,000 gallons per minute or more fire flow, or
where the total floor area included within the surrounding exterior walls on all floor
levels, including basements, exceeds 10,000 square feet. Area separatioFl Fire walls, as
noted in Section W4,6 705 of the Uniform International Building Code, shall not be
considered to separate a building to enable deletion of the required fire sprinkler system.
Group U occupancies are excepted from this subsection. .
(6) In all occupancies where the building is classified as an overwater structure.
Section 12. Chapter 8, Article IV, Section 8-121 of the Federal Way City Code is amended to
read as follows:
8-121 Definitions.
(a) The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
(b) The definitions of Chapter 70.77 RCW as now stated or hereafter amended shall
govern the construction of this article, when applicable. RCW 70.77.120 through
70.77.230 as now stated or hereafter ameßded are adopted by reference aßd a A copy of
the same shall be kept on file in the office of the city clerk for public use and inspection.
In addition, the following term is defined:
Dangerous fireworks shall mean any firework~ not defined as a "commoß consumer
firework~" under the provisions ofRCW 70.77.136.
Section 13. Chapter 8, Article IV, Section 8-122 of the Federal Way City Code is amended to
read as follows:
8-122 Findings of fact.
The city council hereby adopts the document, entitled "Proposed Prohibition of
Fireworks Sale or Use in Federal Way," prepared by Kiflg County Fire Protection District
~ the Federal Way Fire Department, and makes the following findings offact:
(1) The risks of fires and the danger to public safety and property damages are
increased by the sale and use of fireworks within the city.
Ord. No04-466 , Page 6
(2) The types of fireworks involved in fires within the city include both the illegal
(dangerous) fireworks, and legal (common consumer) fireworks as defined in RCW
70.77.136.
(3) Banning the use of all fireworks within the city is rationally related to the city
council legislative purpose of reducing and/or eliminating the risk of major property
damage and risk to public safety which results from the sale, possession and use of any
fireworks.
Section 14. Severability. The provisions of this ordinance are declared separate and severable.
The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder ofthe ordinance, or the validity of its application to other persons or circumstances.
Section 15. Ratification. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
Section 16. Effective Date. This ordinance shall be effective five days after its passage, approval
and publication as provided by law.
PASSED by the City Council of the City of Federal Way this
5th
day of
October
, 2004-
/
l/
ATTEST:
ApPROVED AS TO FORM:
~ßí; ti. ~
CITY ATTORNEY, PATRICIAA. RICHARDSON
Ord. NcO4-466 , Page 7
FILED WITH THE CITY CLERIC
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No.
Ord. No. 04-466, Page 8
09/14/04
10/0')/04
10/13/04
10/18/04
04-466