Ord 95-234
ORDINANCE NO.
95-234
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER
FIVE OF THE FEDERAL WAY CITY CODE, TO ADOPT
THE 1994 UNIFORM BUILDING CODES. (AMENDING
ORDINANCES NOS. 90-33 and 92-143)
WHEREAS, the City of Federal Way is required to adopt the
State of Washington Uniform Building 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
Uniform Codes become effective on June 29, 1995; and
WHEREAS,
the City has determined that it is necessary to
protect the public health, safety and welfare by adopting the 1994
Uniform Codes as published by the International Conference of
Building Officials (ICBO); and
WHEREAS, amendments to the Federal way city Code ("FWCC") text
are authorized pursuant to FWCC sections 22-216 and 22-217 pursuant
to Process IV review; and
WHEREAS, the city of Federal Way city Council has considered
a proposed change to the FWCC relating to the Uniform Building Code
("Proposal"); and
WHEREAS, the Land Use & Transportation City Council Committee
considered the Proposal on May 1, 1995 and moved to forward the
ORD #
95-234
, PAGE 1
COpy
proposed Building Code amendment to Chapter 5 of the Federal Way
city Code to the full city Council; and
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
section 1.
Chapter 5 of the Federal Way City Code shall
be amended as follows:
Chapter 5
BUILDINGS AND BUILDING REGULATIONS*
----------
*Cross reference (s)--Alarm installation policy and procedures,
ch. 3; fire prevention and protection standards, § 8-26 et seq.;
fire alarms and sprinkler system requirements,
§ 8-66 et seq.;
compliance with all building and construction regulations required
regardless of nonconformity of the use or structure,
§ 22-342;
erosion and sedimentation supplementary district regulations, § 22-
948;
junk
and
junkyards
prohibited,
§
22-952;
building
site
requirements, § 22-953; calculating lot coverage requirements in
the district regulations, § 22-955; required screening for rooftop
appurtenances,
§
22-960;
temporary buildings
or
trailers
for
construction and real estate sales offices restricted, § 22-963;
restrictions
on
development
activities
and
heavy
equipment
operations in zoning districts, § 22-1006 et seq.; restrictions
regarding height of buildings and structures, § 22-1046 et seq.;
land modification restrictions and requirements, § 22-1091 et seq.;
yard requirements for driveways, parking areas, fences, structure
ORD # 95-234
, PAGE 2
protruding beyond exterior walls of a structure, retaining walls,
walkways, and certain other improvements or structures, § 22-1133;
site design requirements for environmentally sensitive areas, § 22-
1266 et seq.; driveway requirements, § 22-1541 et seq.
state
law
reference(s)--Codes
adopted
by
reference,
RCW
35A.12.140,
35A.13.180;
building
construction
standards,
RCW
35A.70.040,
70.86.010
et
seq. ;
state
building
code,
minimum
standards, RCW 19.27.010 et seq.; electrical code, RCW 35A.70.050,
19.28.010 et seq., 19.28.360; electrical inspectors, RCW 19.28.070,
19.28.210; electrical standards, RCW 35A.70.050, 19.28.010 et seq.,
19.28.360; inspections, RCW 19.28.070, 19.28.210.
----------
Article I. In General
Sec. 5-1. Purpose.
Sec. 5-2. Conflicts.
Sec. 5-3. Interpretation.
Sec. 5-4. Application and scope.
Sec. 5-5. copies of codes.
Sec. 5-6. Washington State Energy Code--Adopted.
Sec. 5-7. Same--Appeal process.
Secs. 5-8--5-35. Reserved.
Article II. Administration
Sec. 5-36. Right of entry.
ORD # 95-234
, PAGE 3
Sec. 5-37. Authority to adopt rules and regulations.
Sec. 5-38. Liability.
Sec. 5-39. Deviations.
Sec. 5-40. Additional conditions.
Sec. 5-41. Appeals.
Sec. 5-42. Permits.
Secs. 5-43--5-65. Reserved.
Article III. Building Construction standards
Sec. 5-66. Building codes adopted.
Sec. 5-67. Amendments.
Sec. 5-68. Acpeals
Secs. 5-6&~--5-90. Reserved.
Article IV. Plumbing standards
Division 1. Generally
Sec. 5-91. Acceals
Secs. 5-9~Æ.--5-100. Reserved.
Division 2. Permit
Sec. 5-101. Required.
Sec. 5-102. To whom issued.
Sec. 5-103. Issuance.
Sec. 5-104. Fees.
Secs. 5-105--5-115. Reserved.
ORD #
95-234
, PAGE 4
Division '3. Standards
Sec. 5-116. Plumbing code adopted.
Sec. 5-117. Amendments.
Sec. 5-118. County rules and regulations adopted relating to on-
site sewage disposal systems.
Sec. 5-119. Dangerous and insanitary construction.
Secs. 5-120--5-140. Reserved.
Article V. Mechanical Code
Sec. 5-141. Code adopted.
Sec. 5-142. Amendments.
Sec. 5-143. Appeals process.
Secs. 5-144--5-165. Reserved.
Article VI. Housing Standards
Sec. 5-166. Code adopted.
Gee. 5 1~7. AmCßd!RORtS.
Sec. 5-16&2. Appeal process.
Secs. 5-16~~--5-190. Reserved.
Article VII. unsafe, Dilapidated, Dangerous Buildings
Sec. 5-191. Code adopted.
Sec. 5-192. Amendments.
Sec. 5-193. Appeal process.
Secs. 5-194--5-2152' Reserved.
ORD #
95-234
, PAGE 5
Article VIII. swimming Pools, Hot Tubs, spas
£oc. 5 216. Cede aàs)!!teà.
Sec. 5-217. Compliance required.
Sec. 5-218. Enforcement.
Sec. 5-219. Violations and penalties.
Sec. 5-220. Satisfactory alternate.
Sec. 5-221. Retroactive effect.
Sec. 5-222. Fences and gates--Required.
Sec. 5-223. Same--Waiver for inaccessibility.
Sec. 5-224. Same--Covered pools.
Sec. 5-225. Excavation walls; distance from slope; walkway.
Sec. 5-226. Appeal process.
Secs. 5-227--5-245. Reserved.
Article IX. Moving Buildings
Sec. 5-246. Purpose and scope.
Sec. 5-247. Definitions.
Sec. 5-248. Classification of movements.
Sec. 5-249. Permit required.
Sec. 5-250. Application for permit.
Sec. 5-251. Fees.
Sec. 5-252. Deposits; insurance.
Sec. 5-253. Conditions for issuance of permits.
Sec. 5-254. Escort.
Sec. 5-255. Time.
Sec. 5-256. Lights.
ORD # 95-2311
, PAGE 6
Sec, 5-257. Notice to utilities.
Sec. 5-258. Condition of lot.
Sec. 5-259. Acceals
Secs. 5-2~60--5-280. Reserved.
Article X. signs
Sec. 5-281. Code adopted.
Sec. 5-282. Permit and checking fees.
Sec. 5-283. Duties of building official.
Sec. 5-284. Appeal process.
ARTICLE I. IN GENERAL
Sec. 5-1. Purpose.
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. 90-33, § 4, 2-13-90; Ord. No. 92-143, § 1, 6-16-92)
Sec. 5-2. Conflicts.
In case of conflict among the following adopted codes, the
codes as numbered shall govern over those following:
Uniform Building Code;
(1)
(2)
Uniform Mechanical Code;
ORD # 95-23~
, PAGE 7
(3)
(4)
Uniform Fire Code;
Uniform Plumbing Code.
(Ord. No. 90-33, § 4, 2-13-90; Ord. No. 92-143, § 1, 6-16-92)
Sec. 5-3. Interpretation.
(a)
Whenever the following words appear in the codes and
regulations adopted by this chapter, they shall be interpreted as
follows:
(1)
(2)
(3)
(4)
(5)
(6)
(b)
Administrative
authority
mean
the
building
shall
off icial.
Board
appeals
hearing
examiner
shall
mean
the
of
appointed by the city.
Chief,
fire
chief
of
fire
chief
the
of
bureau
or
prevention shall mean the fire chief of the King County
Fire District No. 39.
city treasurer shall mean the director of administration
and finance.
Corporation counsel shall mean the city attorney.
Municipality and jurisdiction shall mean the City of
Federal Way.
Whenever reference is made to local authority,
codes,
jurisdiction and similar concepts within the codes adopted by this
chapter, interpretation shall render such reference applicable to
the applicable city designation, jurisdiction and authority.
(Ord. No. 90-33, § 5, 2-13-90; Ord. No. 92-127, § 1,2-4-92)
Cross reference(s)--similar definitions, § 8-1.
ORD # 95-234
, PAGE 8
Sec. 5-4. Application and scope.
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.
(Ord. No. 90-33, § 30, 2-13-90)
Sec. 5-5. Copies of codes.
The city shall, at all times, keep on file with the city clerk
for reference by the general public not less than one copy of the
codes and regulations, or parts thereof, as are adopted by this
chapter.
(Ord. No. 90-33, § 3, 2-13-90)
Sec. 5-6. washington State Energy Code-- Adopted.
The washington state Energy Code, WAC ch. 15-11, as it now
exists or may hereafter be amended, adopted as specified in RCW
19.27A.020 is adopted by reference as if set forth in full. The
purpose of this code is 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.
(Ord. No. 90-33, § 92, 2-13-90; Ord. No. 91-98, § 1, 6-4-91)
state law reference (s) --Energy-related building standards, RCW
19.27A.010 et seq.
ORD # 95-234
, PAGE 9
Sec. 5-7. Same-~Appeal process. (Make section appIy to aII codes)
Any appeals of any decision rendered pursuant to this article
shall
be made
to
a
hearing
examiner
appointed
by
the
city.
Procedural rules concerning appeals shall be as provided in process
I of chapter 22, Zoning.
(Ord. No. 92-127, § 11, 2-4-92)
Sees. 5-8--5-35. Reserved.
ARTICLE II. ADMINISTRATION*
----------
*Cross
reference (s)--Administration,
ch.
2;
the
building
official shall act as a member of a committee to determine
acceptance of new materials, alternate processes or occupancies
which require permits, § 8-53.
----------
Sec. 5-36. Right of entry.
The building official or designated agent shall have the right
of entry,
during usual business hours,
to inspect any and all
buildings and premises in the performance of his or her duties.
(Ord. No. 90-33, § 31, 2-13-90)
Sec. 5-37. Authority to adopt rules and regulations.
(a)
The
city
shall
adopt rules
and regulations
for
the
implementation of this chapter, including:
ORD #
95-234
, PAGE 10
(1)
Procedures to assure that building permits for structures
conform to the requirements of this chapter.
(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.
(4)
standards
published by the National
Fire
Protection
Association including a standard known as NFPA 13R to be
applied to all Rl occupancies.
(5)
Procedures to allow for hydrant spacing requirements to
be relaxed by as much as 50 percent pursuant to the
Uniform Fire Code, except where such allowances would
unreasonably
reduce
fire
protection
to
the
area
or
structures served.
(6)
Procedures for automatic fire extinguishing systems which
shall indicate the type and configuration of systems
based on occupancy and shall be developed from nationally
recognized standards.
No less than one copy shall be available for public
(b)
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.
(Ord. No. 90-33, § 69, 2-13-90)
ORD #
95-234
, PAGE 11
Cross reference(s)--Fire prevention and protection,
ch.
8;
authority
to
adopt
rules
and
regulations
regarding
the
fire
prevention and protection chapter, S 8-36; subdivision plats, S 20-
21 et seq.; rezonings, S 22-256 et seq.; planned unit developments,
S 22-921 et seq.
Sec. 5-38. Liability.
(a)
The
express
intent
of
the
city
council
is
that
responsibility for compliance with the provisions of this chapter
in regard to fire protection availability to a specific development
shall rest exclusively with the permit applicant and their agents.
(b) The city council expressly recognizes there are limited
public funds available for implementation and enforcement of the
provisions of this chapter and for the establishment of
fire
suppression capability by the fire district.
The city council
recognizes that the level of services these public funds can
support must be balanced against the economic impact of the costs
for
these
services.
consequently,
the
funds
appropriated
for
implementation and enforcement of the provisions of this chapter
are those which, in the judgment of the city council, best protect
the overall health, safety and welfare interests of the public.
(c)
This
chapter
shall
not
be
construed
as
placing
responsibility
for
assuring
the
adequacy
of
fire
protection
services in the city or any officer, employee or agent of the city,
the fire district, water purveyor, employee or agent of the fire
district or water purveyor. Procedures established pursuant to this
ORD #
95-234
, PAGE 12
chapter are spot checks designed to foster and encourage compliance
but
are
not
guarantees
or
assurances
that
permits
or
work
undertaken
pursuant
to
permits
complies
with
all
applicable
provisions of the chapter. It is the responsibility of the permit
holder to comply with the procedures regarding the adequacy of fire
protection service.
(Ord. No. 90-33, § 72, 2-13-90)
Cross reference(s)--Similar provisions, § 8-39.
Sec. 5-39. Deviations.
The fire chief and building official or designee shall have
the authority to approve deviations from the standards established
pursuant to this chapter when it is shown that the deviation would
not unreasonably reduce fire protection to the area or structures
served.
(Ord. No. 90-33, § 70, 2-13-90)
Cross reference(s)--similar provisions, § 8-37.
Sec. 5-40. Additional conditions.
(a) All conditions shall have the following wording in the
recorded declaration of covenants and a copy of the document shall
be provided to the fire chief and the building official:
(1)
In the event that any unit should be equipped with a
sprinkler
system,
nothing
shall
be
hung
from
the
sprinklers comprising a part of the system nor shall any
such sprinklers be painted, covered or otherwise changed,
ORD #
95-234
, PAGE 13
tampered with or altered.
(2)
Prior
to
any alteration,
amendment,
modification
or
change thereof, the owners or their agents will submit
such proposed alteration,
amendment,
modification or
change to the fire chief or designee for his or her
approval
and
agrees
to
comply
with
all
applicable
sprinkler requirements.
(b) The fire chief or designee retains the authority under
section
19.391(13)
101. 4
of
the
Uniform
Fire
Code
to
impose
addi tional conditions,
including but not
limited to
increased
setbacks,
use of fire retardant materials or standpipes where
determined
necessary
to
mitigate
identified
fire
protection
impacts.
(Ord. No. 90-33, § 71, 2-13-90)
Cross reference(s)--Similar provisions, § 8-38.
Sec. 5-41. Appeals.
Appeals made from any ruling made under this chapter may be
made to the hearing examiner appointed by the city. Procedural
rules concerning appeals shall be as provided in process I of
chapter 22, Zoning.
(Ord. No. 90-33, § 66, 2-13-90; Ord. No. 92-127, § 4, 2-4-92)
Cross reference(s)--Similar provisions, § 8-40.
Sec. 5-42. Permits.
ORD #
95-234
, PAGE 14
(a) The issuance or granting of a permit or approval of plans
and specifications shall not be deemed or constru~d to be a permit
for, or an approval of, any violation of any of the provisions of
this chapter. No permit presuming to give authority to violate or
cancel
the provisions
of
this
chapter
shall
be valid,
except
insofar as the work or use which it authorized is lawful.
(b) The issuance or granting of a permit or approval of plans
shall not prevent the building official from thereafter requiring
the correction of errors in the plans and specifications or from
preventing construction operations from being carried on when in
violation of this or any other provision of this Code or from
revoking any certificate of approval when issued in error.
(c)
Every permit issued by the building official under the
provisions of this chapter shall expire by limitation and become
null
and
void
if
the
work
authorized
by
such
permit
is
not
commenced within 180 days. Before such work can be recommenced, a
new permit shall be first obtained and the fee therefor shall be
one-half
the
amount
required
for
a
new permit
for
such
work
provided no changes have been made, or will be made in the original
plans and specifications for such work; and provided further, that
such suspension or abandonment has not exceeded one year. Plu!Rl3iR~
All Landsurface Modification,
Buildinq,
Plumbinq and Mechanical
permits for R-3 and M ~ occupancies shall expire one year from the
date of issue. PlumbiREj Such permits may be renewed for one-half of
the amount of the original permit fee for the first permit issued
for such work.
ORD #
95-234
I PAGE 15
(Ord. No. 90-33, § 33, 2-13-90; Ord. No. 92-143, § 15, 6-16-92)
Cross reference (s) --Regulations regarding permit under the
plumbing standards,
§ 5-101 et seq.;
administration of permit
issued under the mechanical standards, § 5-142; administration of
the permit regulations regarding the housing standards, § 5-167;
administration of the permit regulations regarding the unsafe,
dilapidated,
dangerous
building
standards,
§
5-192;
permit
regulations regarding the swimming pool, spa and hot tub code, § 5-
216;
permit
required
for
moving
buildings,
§
5-249;
permit
requirements for signs, § 5-282.
Sees. 5-43--5-65. Reserved.
ARTICLE III. BUILDING CONSTRUCTION STANDARDS.
----------
.Cross reference(s) --Fire prevention and protection standards,
§ 8-26; requirements for construction of structures over water, §
8-54; application of fire prevention and protection standards to
alterations, repairs and building additions, § 8-71; requirements
for smoke detectors, § 8-91 et seq.
State law reference(s)--Building construction standards, RCW
35A.70.040, 19.27.010 et seq., 19.27A.010, 70.86.010 et seq.
----------
Sec. 5-66. Building codes adopted.
(a) There is hereby adopted by reference the Uniform Building
Code (UBC), Volumes 1,2 and 3, 199~~ Edition, as published by the
International Conference of Building Officials, and as adopted by
the state pursuant to WAC ch.
51-20,
including the following
ORD # 95-234
, PAGE 16
Appendix chapters:
(1)
(2)
(3)
(4)
(5)
(6)
ill
l..il
D.l
.ill.
l.2l.
l.§l
l.Zl
Cha)!!ter 11, AEjrie~ltural BuilàiR~SI
Chapter 12, ÐivisieR II ResideRtial fer Grea)!! R, DivisieR
4, eeeli)!!aReies,
Chaptcr 32, RereefiREjI
Cha)!!ter 49, ratie Ceversl
Cha)!!ter 55, lIcmbraRe Ðtruet;uresl
Chapter 70, ExeavatieR aRà GradiREj.
Chacter 3. Division II. Aqricultural Buildinqs.
Chacter
Division
R.
Requirements
3 .
IV.
for
Grouc
Division 4 Occucancies.
Chacter 4. Division I. Swimminq Pools.
Chacter 15. Reroofinq.
Chacter 31. Division II. Membrane structures.
Chacter 33. Excavation and Gradinq.
Chacter 34.
Division I.
Life Safetv Requirements for
Existinq Buildinqs other than Hiqh Rise Buildinqs.
(b) There is hereby adapted by refereRee the Uniferm BuildiREj
Cede ÐtaRàarào, 1991 EàitiaR, as published by the IRtorßatießal
Conference of BuilàiREj Officials,
aRà as aàe)!!teà by the otate
purouaRt te WAC eh. 51 29.
+at LQl These editions are hereby incorporated as set forth in
full, subject to the amendments, additions or deletions set forth
in section 5-67. The purpose of these codes is not to create or
otherwise establish or designate any particular class or group of
ORD # 95-234
, PAGE 17
persons who will or should be especially protected or benefited by
the terms of this Code.
(Ord. No. 90-33, § 7, 2-l3-90; Ord. No. 92-143, § 2, 6-l6-92)
Cross reference(s)--Building permit cannot be issued unless
the
structure
conforms to the
zoning
chapter,
§
22-177;
the
director of community development shall review certain applications
for building permit, § 22-178; director of community development
must
approve
certain
certificates
of
occupancy,
§
22-180;
nonconforming
structures
must
be
brought
into
conformance
or
discontinued in the event of structural alterations or increase in
gross floor area of any structure of the nonconforming use, § 22-
332; requirements for land surface modifications, § 22-1093.
Sec. 5-67. Amendments.
The following amendments to the code adopted in section 5-
66(a) are hereby adopted:
(1)
section 3WfirT 106.3.1 is amended and supplemented by the
addition
thereof
of
a
new
section
to
be
known
as
subsection 3WfirT 106.3.1 (8), to read as follows:
As
much
information
as
required
to
provide
an
accurate environmental disclosure.
(2)
section ~ 106.4.1 is amended and supplemented by the
addition of a new paragraph to read as follows:
When the size of the building is increased or the
scope for which the permit was issued is changed,
the
building
official
may
amend
the
building
permit. When such fees specified in section ~ 107
ORD #
95-234
, PAGE 18
ORD #
(3)
(4)
have been paid and when changes to the plans and
application are approved,
the building official
shall issue an "amended permit," which includes
the approved changes as well as the original plans
and specifications. The issuance of such amended
permit shall void the original permit. The amcndcd
)!!ermit shall eo iàoßtifieà ~ith thc ariEjiRal )!!crmit
RüIDeer aRà iàcntificr ~.
section ~ 106.4.4 is amended and supplemented by the
addition of a new paragraph to read as follows:
Landsurface modification (grading permits, building
permits for R-3 and M ~ occupancies) shall expire
one year from the date of issue. Building permits
may be renewed for one-half of the original permit
fee for the first permit issued for such work.
section ~ 107.4 is amended and supplemented to read
as follows:
(d)
Expiration of plan review.
Applications for
building permits which have not been approved by
the department of community development,
public
works
fire
bureau,
King
prevention
department,
County
health
building
division
department,
or
within 180 days following the date of application
shall expire by limitation and become null and void
if no permit has been issued. Any time spent in the
95-234
, PAGE 19
ORD #
95-234
state environmental policy act review process shall
not be included in the allotted 180 days. Plans and
other data submitted for review thereafter may be
returned
applicant
or
to
the
destroyed
by the
building
official.
building
official
The
may
extend the l80-day time limitation following the
application for permit for a period of not more
than 180 days upon request of the applicant showing
that
circumstances
the
beyond
the
control
of
applicant have prevented action from being taken.
The review time by other departments may not be
extended.
No application shall be extended more
than
action
an
order
to
In
once.
renew
on
application after expiration, the applicant shall
pay a new application fee, and the' 'application
date' ,
shall be the date of payment of the new
application fee.
Upon notification of the availability of permit by
the building official, such permit must be obtained
within 180 days of application date. The building
official may extend the 180-day time limitation
following the application for a permit by not more
than 180 days upon request of the applicant showing
that
circumstances
the
beyond
the
control
of
applicant have prevented action from being taken.
, PAGE 20
ORD #
(5)
(E:)
No unissued permit shall be extended more than
once. In order to renew action on an application
after
expiration,
shall
resubmit
applicant
the
plans and pay a new application fee and any
remaining plan review fee. The rules and
regulations in effect on the date of such
reapplication shall govern the permit application.
section ~ 108.4 is amended and supplemented by the
addition of a new paragraph to read as follows:
Buildings that have not received a final approval
shall not be occupied without written approval of
the building official.
£ectioR 1292(b) 310.2.2 is amended te read ao fallmml
(13)
£pecial
Pre'J'ioiono.
other
Net',li tlìßtaßàiREj
previaioRo
tliio
Divioian
1,
caàe,
of
R,
Group
eeeu)!!aRcies, sliall be Rot less than one hour fire
resisti'¡c
eoRstructioR
E¡¡terier
tlireughout.
BalcaRies
euteßàiREj
ao
the
fleer
BeyaRà
area
àefiReà iR aeetieR
107
shall Be constructed ef
ReneemBuatiBle materials er ef cambuotiBle eRe lieur
fire resisti.e eenstractieR.
Euee)!!tion: CreU)!! R, Di...isieR 1,
occupaRcies that
coRsiot ef fe1ilr or fe\.'er uRits, that àe Ret exceed
t\.'e steries iR lieiEjht, tliat are less thal'l 5,999
s~1iIare feet tetal area, aRà that ha...e a eRe ho1ilr
fire resistive oeeu)!!aßey se)!!aratiaR BetweeR uRits.
95-234
, PAGE 21
ORD #
ÐteraEje er lauRàry re6ma that are \dtlÜR creu)!! R,
DivisieR 1, eeeu)!!anoies that are used iR eommOR BY
teßaRts shall Be se)!!arateå tram the rest et the
euilàißEj BY Ret less thaR eRe hour fire resistive
eeeU)!!aRey se)!!aratioR.
Fer Crau)!! R, DivisioR 1, aoou)!!aReies \dth a Crou13
B, Di visieR 1, )!!arltißEj EjaraEjo iR tho easemeRt er
first fleer, see seetieR 782(a).
For attie s13aoe )!!artitieRs aRà draft sta13a,
ooe
aectieR 251~(f).
Elfterier aRà interior doors and \<Ìnåm<s a13eRinEj
eRte a eemmOR oarriàar,
Gtain:ay or oimilar area
servinEj
five
mere
à\:elliREj
uRito
shall
Be
or
13ratecteà as specified in Geotian 3305(h).
(~6) Section 2905(t) 1804.7 of the Uniform Building Code is
hereby
ereated
as
amended
and
succlemented
to
read
follows:
+£+ Drainage.
provisions
shall be made for the
control
drainage
water
around
and
of
surface
buildings.
Adequate provisions shall be made to
insure
remain
of
underfloor
free
that
spaces
running
standing water.
As
a minimum,
such
or
drains shall be installed around the perimeter of
the building at the footings. Additional drains may
be required in the underfloor space. The drainpipes
95-234
, PAGE 22
ORD #
(8)
(9)
shall be of sufficient size to adequately convey
water to an approved
location,
but
shall be
a
minimum size of four inches. provisions shall be
made to prevent the drainage system from becoming
blocked with soil. The building official may waive
the provisions of this section when soils appear to
adequately drain the site and no water will stand
or run under the building.
Scction
is
the
3802(13)
ameRàeà
aRà
su)!!)!!lemeRteà
BY
aàài tiaR of a Re\¡ auBDeetieR to l3e 1mmm ao oul3occtiaR
3882(13) (5) to read aD fellewo:
(5) All BuilàiREjo feur er more stories iR aeiEjht.
For thc )!!urpaoeo of this seetiaR, a otory ohallBc
defined as that )!!artian of a JauilàiREj iReluàeà
I3ct\JCeR the upper surfaee of aRY floor aRà tho
ourface of ReHt fleer er roof al3ove.
£:ectioR 43 9 E: is ameRàeà l3y aàài tieR ef a Re\; paraEjraph to
read as falla.om:
The
àefiRitiaR
automatic
, 'fire
asscmBly,
of
claoiREj" as eeRtaineà iR sul3seetieR 1396(13) ef the
URiferm BuilàinEj Code is ameßàeà anà oupplem8Rteà te read
ao folle\1s:
Fire assemBly, automatic clesißEj is a fire aoseml3ly
\¡hieh may rcmaiR iR an opeR )!!esitieR aRà \¡hich will
clese autematieally U)!!eR aetivatieR ef aR ap)!!reveà
95-234
, PAGE 23
ome1œ detester sr "heR a)!!lIreveà BY the BuilàiREj
official, U)!!eR aetivatieR sf a fire alarm system.
ElwclitieRI The BuilàißEj effieial may, iR \œitiRIjJ,
)!!ermit the ißstallatieR ef a elssiREj device that
,;ill
aetivate U)!!eR aR
iRerease
iR teIRJ!!erature.
YRless
etherwise
slleeifieà,
the
elasiREj
àe....iee
shall be rated at a mald_m temllerat\lre ef 11>5
àeEjrees FahreRheit.
12&) Appendix Chapter 34, section 3406.2 is deleted in its
entirety.
(Ord. No. 90-33, §§ 8--25, 2-13-90; Ord. No. 90-48, § 1, 3-20-90;
Ord. No. 92-143, §§ 3--12, 6-16-92)
Sec. 5-68. Acceal crocess.
Anv acceals of anv decision rendered cursuant to this article
shall be made to a hearinq examiner accointed bv the City cursuant
to the crocedural rules concerninq acceals as set forth in crocess
I of chacter 22. Zoninq.
Sees. 5-6&~--S-90. Reserved.
ARTICLE IV. PLUMBING STANDARDS.
----------
ORD # 9~-'14
, PAGE 24
*Cross reference(s)--utilities, ch. 16.
state law reference(s)--Adoption of codes by reference, RCW
35A.12.140;
plumbing,
RCW
18.106.010
et
seq. ;
minimum
codes
adopted, RCW 19.27A.010.
----------
DIVISION 1. GENERALLY
Sec. 5-91. Acceal crocess.
Anv acceals of anv decision rendered cursuant to this article
shall be made to a hearinq examiner accointed by the Citv cursuant
to the crocedural rules concerninq acceals as set forth in crocess
I of chacter 22. Zoninq.
Secs. 5-9~~--5-100. Reserved.
DIVISION 2. PERMIT*
----------
*Cross
reference(s)--Permit
issuance,
expiration
and
regulations under this chapter, § 5-42.
----------
Sec. 5-101. Required.
(a) It shall be unlawful for any person to install, remove,
alter,
repair or replace,
or cause to be installed,
removed,
altered, repaired or replaced, any plumbing or drainage piping work
or any fixture or water treating equipment
in a building or
ORD # q!5-2 ~ , PAGE 25
premises without first obtaining a permit to do such work from the
building official.
(b) A separate permit shall be obtained for each building or
structure.
(c) No person shall allow any other person to do or cause to
be done any work under a permit secured by a permittee except work
may be done by persons in his or her employ.
(Ord. No. 90-33, § 34, 2-13-90; Ord. No. 92-143, § 16, 6-16-92)
Sec. 5-102. To whom issued.
A permit may be issued under this division to a properly
licensed person
in
conformance with
current
state
contractor
licensing laws, RCW ch.
18.27. A licensed general contractor or
owner shall be issued a plumbing permit as a portion of the
required building permit when approved plans indicate plumbing
fixtures.
(Ord. No. 90-33, § 36, 2-13-90)
Sec. 5-103. Issuance.
If
the
building
official
determines
that
the
plans,
specifications, drawings, descriptions or information furnished by
the applicant are in compliance with this chapter, he or she shall
issue the permit applied for upon payment of the required fee.
(Ord. No. 90-33, § 38, 2-13-90; Ord. No. 92-143, § 18, 6-16-92)
Sec. 5-104. Fees.
ORD # qf)~ 2 ~L)
, PAGE 26
Every applicant for a permit to do work regulated by this Code
shall indicate in writing, on the application form provided for
that purpose, the character or work proposed to be done and the
number
and kind
of
fixtures
proposed,
together with
as much
pertinent information as may be required. Prior to issuance, the
applicant shall pay for each permit a fee in accordance with the
fee schedule set by resolution and on file in the city clerk's
office, as now exists or is hereafter amended, deleted, added to or
modified.
(Ord. No. 90-33, § 38, 2-13-90; Ord. No. 92-154, § 1, 11-17-92)
Secs. 5-105--5-115. Reserved.
DIVISION 3. STANDARDS*
----------
*state law reference(s)--Adoption of codes by reference, RCW
19.27A.010, 35A.12.140.
----------
Sec. 5-116. Plumbing code adopted.
(a)
The
Uniform
Plumbing
Code
(UPC) ,
1991
Edition,
as
published
by
the
International
Association
of
Plumbing
and
Mechanical Officials, and as adopted by the state pursuant to WAC
ch. 51-26, is adopted by reference.
(b) The Uniform Plumbing Code as set forth above is adopted by
reference as if set forth in full,
subject to the amendments,
ORD # qi)- 2~~
, PAGE 27
additions or deletions set forth in this article.
(c) The purpose of this division is 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 article.
(Ord. No. 90-33, § 27, 2-13-90; Ord. No. 92-143, § 13, 6-16-92)
Sec. 5-117. Amendments.
The following amendments to the provisions of the plumbing
code adopted in section 5-116 are hereby adopted:
ill
section
30.3(dJ
is
amended
and
sucplemented
bv
the
addition of a new paraqraph to read as follows:
Plumbinq cermits for R-3 and U occupancies shall
expire
one
(1)
vear
from
the
date
of
issue.
Plumbinq permits mav be renewed for one-half of the
oriqinal cermit fee for the first cermit issued for
such work.
('¡'Æ.) The
following definitions
in section
103
are hereby
amended to read as follows:
(a) Backflow--"Backflow" means a flow, other than
the
intended direction of
flow,
of
any
foreign
liquids, gases, or substances into the distribution
system of a public water supply.
(~d) The following definition in section 104 is hereby amended
to read as follows:
(d)
Backflow
Prevention
Device--"Backflow
ORD #
95-234
, PAGE 28
prevention device" means a device approved by the
state
Washington,
of
Department
social
of
and
Health Services or such other state department as
shall have jurisdiction over the subj ect matter,
and by the American Water Works Association, used
to
counteract
back
prevent
back
pressure
or
siphonage into the distribution system of a public
water supply.
Board of appeals--Any reference to board of appeals
within the code shall be substituted by a reference
to
hearing
the
city
examiner
appointed
by
a
pursuant to the procedures of process I of chapter
22, Zoning.
(m)
Cross-connection--' 'Cross-connection' ,
means
any physical arrangement whereby a public water
supply is connected, directly or indirectly, with
any
other
sewer,
drain,
water
supply
system,
conduit, pool, storage reservoir, plumbing fixture
or
other
device which
or may
contain
contains
contaminated water,
other wastes
sewage,
or
or
liquids of unknown or unsafe quality, which may be
capable
imparting contamination
a
public
of
to
water supply as a result of backflow.
(~~) section 1005(b) is amended to read as follows:
ORD # (15-2?14
, PAGE 29
(b) A fullway valve controlling all outlets shall
be installed on the discharge side of each water
meter and on each unmetered water supply.
Water
piping supplying more than one building on anyone
premises shall be equipped with a separate fullway
valve to each building, so arranged that the water
supply can be turned on or off to any individual or
separate building; provided, however, that supply
piping to a single family residence and building
accessory thereto may be controlled on one valve.
Such shutoff valves shall be readily accessible at
all times. A fullway valve shall be installed on
the discharge piping from water supply tanks at or
near the tank. A fullway valve shall be installed
on the cold water supply pipe to each water heater
at or near the water heater. A fullway valve shall
be installed for each apartment or dwelling of more
than one family. Individual shutoff valves may be
provided at each fixture.
(42) Chapter 10 is amended and supplemented by the addition of
the following new sections to read as follows:
ORD # Q5-Z,¡)
Section 1010. Cross-connections declared unlawful.
The
installation
cross-
maintenance
of
or
a
connection, which in the opinion of the director of
public works, or building official, or any staff
, PAGE 30
ORD # Q:)-2~t/
member
that
he
she
shall
designate
or
who
is
qualified in protection of municipal water quality,
will endanger the water quality of the potable
water
supply
of
city,
the
is
declared
to
be
unlawful.
section 1011.
Backflow prevention devices to be
installed.
Backflow
prevention
devices,
when
required to be installed in the opinion of the
director of public works, or building official or
designated representative, shall be installed and
maintained by the service customer on any service
connection to the city water supply system where
such backflow prevention devices are necessary for
the protection of the city water supply.
section 1012. Regulation of private water supplies.
Use or operation of a private water supply system,
contrary to the provisions of the ordinances of the
city, or the laws of the State of Washington or the
rules and regulations of the state board of health
regarding public water supplies where such private
system is served by the city public water supply,
are hereby declared to be unlawful.
Section 1013. Adoption of state regulations. Rules
, PAGE 31
ORD # q()-z?J-i-
and
regulations
health
of
the
state
board
of
regarding public water supplies, entitled "Cross
Connection Control Regulation in Washington state"
WAC 248-54-250 through 248-54-500, and the American
Water
Works
Association,
Pacific
Northwest
section's Second Edition of
"Accepted Procedure
and Practice in Cross-Connection Manual" as they
presently exist and as they may, from time to time,
be amended in the future,
are hereby adopted by
this reference as if set forth in full.
section
1014.
Abatement
of
unlawful
cross-
connections and installation of backflow prevention
devices; procedures. Cross-connections declared in
this
chapter
be
to
unlawful
whether
presently
existing or hereinafter installed and/or services
requiring
prevention
backflow
devices
and/or
unlawful use of operation of a private water supply
system
city
supply
served
by
public water
the
system are hereby declared to be public nuisances,
and in addition to any other provisions of the city
code or the ordinances of the city regarding the
abatement of public nuisances, shall be subject to
abatement
in
the
following
with
accordance
procedure:
, PAGE 32
ORD # C/:S-11J-J
(1)
(2)
(3)
(4)
In
the
of
public
event
that
director
the
works,
building
or
designee
official
or
determines that a nuisance as provided in this
section does exist, written notice shall be
sent to the person in whose name the water
service is established under the records of
the city water department, or alternatively, a
copy of such written notice shall be posted on
the premises served.
The notice shall provide that the nuisance
described in this section shall be corrected
within 30 days of the date s~ch notice is
mailed or posted on the premises.
In the
nuisance
abated
is
event
such
not
within the prescribed time, water service to
such premises shall be discontinued.
In the event that the nuisance, in the opinion
of the director of public works, or building
official
designated
representative,
or
presents an immediate danger of contamination
to the public water supply, service from the
city water supply system to the premises may
be terminated without prior notice; provided,
however, notice will be posted on the premises
in the manner heretofore provided at the time
such service is terminated.
, PAGE 33
(52) Chapter 11 is deleted in its entirety.
(~2) Chapter 12 is deleted in its entirety.
(~~) Those requirements of the Uniform Plumbing Code relating
to the venting of appliances as found in chapter 13 are
not adopted.
(&2,) section 1301 is amended and supplemented to read as
follows:
section
1301:
General.
The
regulations
of
this
chapter shall govern the construction,
location,
and installation of all
fuel
burning and other
water heaters heating potable water. The venting of
water heaters shall be governed by the Uniform
Mechanical
Code.
All
design,
construction
and
workmanship shall be in conformity with accepted
engineering
practices
and
shall
be
of
such
character as to secure the results sought to be
obtained by this code. No water heater shall be
hereinafter installed which does not comply in all
respects with the type
and model
of each size
thereof approved by the building official.
(Ord. No. 90-33, §§ 39--45,2-13-90; Ord. No. 92-127, § 2, 2-4-92;
Ord. No. 92-143, §§ 13, 19--21, 6-16-92)
ORD #q'$-2W
, PAGE 34
Sec. 5-118. County rules and regulations adopted relating to on-
site sewage disposal systems.
In areas not served by sanitary sewers as required in this
Code, septic tanks and drainfields conforming to the most current
adopted rules and regulations of the county board of health shall
be installed.
(Ord. No. 90-33, § 28, 2-13-90)
Sec. 5-119. Dangerous and insanitary construction.
(a) Any portion of a plumbing system found by the building
official to be insanitary as defined herein is hereby declared to
be a public nuisance.
(b)
Any plumbing system
lawfully
installed prior to the
effective date of this Code may have its existing use, maintenance
or repair continued
if the use,
maintenance or repair
is
in
accordance with the original design and location and no hazard to
the public health,
safety or welfare has been created by such
system.
(c) The owner or designated agent shall be responsible for the
maintenance
of
the
plumbing
system
in
a
safe
and
sanitary
condition.
(d) When any plumbing system is determined to be insanitary
and in violation of any notice issued pursuant to the provisions of
this article, the building official shall institute an abatement as
prescribed by sections 5-191 through 5-193.
(Ord. No. 90-33, § 32, 2-13-90; Ord. No. 92-143, § 14, 6-16-92)
ORD # Q:j"Z34
, PAGE 35
Sees. 5-120--5-140. Reserved.
ARTICLE V. MECHANICAL CODE*
----------
*Cross
reference (s)--Permit
issuance,
expiration
and
regulations under this chapter, § 5-42.
state
law
reference(s)--Standards,
RCW
19.27A.010;
codes
adopted by reference, RCW 35A.12.140.
----------
Sec. 5-141. Code adopted.
The Uniform Mechanical Code (UMC) , 199~~ Edition, including
Appendix I! Chapter ~13 Fuel-Gas Piping,
as published by the
International
Conference
of
Building
Officials
aRà
tae
IßterßatiaRal AsseeiatieR ef rlumBißEj aRà UccaaRieal Officialo, and
as adopted by the state pursuant to WAC ch. 51-22, is adopted by
reference as if set forth in full,
subj ect to the amendments,
additions or deletions set forth in this article. The purpose of
this code is 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.
(Ord. No. 90-33, § 47, 2-13-90; Ord. No. 92-143, § 22, 6-16-92)
Sec. 5-142. Amendments.
The following amendments to the mechanical code adopted in
section 5-141 are hereby adopted:
ORD # q5-2 ~L/-
, PAGE 36
(
III
section 114.4 is amended and succlemented bv the addition
of a new caraqrach to read as follows:
Mechanical Permits shall excire one 11\ vear from
the
date
of
issue.
Mechanical
cermits
mav
be
renewed for one-half of the oriqinal cermit fee for
the first cermit issued for such work.
(~Æ.) UMC Table
No.
3-A
is
deleted
in
it's
entiretv
and
reclaced with citv of Federal Wav Fee Resolution 92-123
alllcRàcà
UeehaRical )!!ermit fees. TaBle 3 A ef the BRiferm
lIechaRical Cede is amcRàeà as te the felle'iiiREj items
6fH,y :
1.
rermit iosuaRee, aRà
2.
uRit fee seheàalc, as te items RumÐer(s) 1, 2, 21,
22,23 aRà 24.
(~d) section &&6faT 326.l is amended by the addition of item
3 which reads as follows:
3.
with a minimum of seven-foot clearance from the
floor to the bottom of the unit in areas subject to
human impact and exitways.
(Ord. No. 90-33, 55 48, 49, 2-13-90; Ord. No. 92-154, 5 2, 11-17-
92)
Sec. 5-143. Appeals process.
Any appeals of any decisions rendered pursuant to this article
shall be made to a hearing examiner appointed by the city.
ORD #q.~-2 ~Lj
, PAGE 37
Procedural rules concerning appeals shall be as provided in process
I of chapter 22, Zoning.
(Ord. No. 92-127, § 12, 2-4-92)
Sees. 5-144--5-165. Reserved.
ARTICLE VI. HOUSING STANDARDS.
----------
.Cross reference (s) --Unsafe, dilapidated, dangerous buildings,
§ 5-191 et seq.
----------
Sec. 5-166. Code adopted.
The
Uniform
Housing
Code
(UHC) ,
H*
1994
Edition,
as
published by the International Conference of Building Officials, is
adopted by reference as if set forth in full,
subj ect to the
amendments, additions or deletions set forth in this article. The
purpose of this code is 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.
(Ord. No. 90-33, § 74, 2-13-90; Ord. No. 92-143, § 32, 6-16-92)
See. 5 167. Amenàments.
The felle~dREj ameRáment to the heusiREj caàe aàe)!!teà in section
5 16G io hereBY aàs)!!teà:
ORD #
95-234
, PAGE 38
(1)
ÐcotiaR 1001(m) is amended aßà s~)!!)!!lemeRtcà te read as
follo.,'D I
(m)
IRaàe~uate euits.
loll BuilàißEjs or )!!ertieRo
thereof Ret )!!reviàeà "ith aàc~liate eJdt faeilitico
as reflliireà by tRio eeàe, e¡¡ecpt those builàiR§'o or
)!!ortießs thereof "hase eJdt faeilities eeRfarmcà
"ith all
ap)!!lieaàle
la\:s
at the time
ef
thcir
eoRstruotiafl aRà ,,'hich ha-..e BeCR aàe~liately
maiRtaiReà aHà iRereaseà iR relatieR to aß}
iRorease iR occepaRt load, alteratioR or aààitioH,
or aRY ChaREje iR occupaHcy.
Whoa aR uHoafc eaRàitiaH eJdoto throuEjh lac1( of or
im)!!ra)!!er
leeatioR
of
Quito,
aR
a)!!)!!ra'l.'cd
oma](c
àctcctiaR oyatcm aHà,' or aàài tioHal md ts may bc
rc~uircd to Be iRstalleà.
(Ori. No. 98 33, S 75, 2 13 98)
Cress
referenee(s)
rermit
issl:!aHce,
cJepiratiaR
aRà
reEjulatioRs uRàer this chapter, S 5 42.
Sec. 5-1632> Appeal process.
Any appeals of any decisions rendered pursuant to this article
shall be made to a hearing examiner appointed by the city for this
purpose. Procedural rules concerning appeals shall be as provided
in process I of chapter 22, Zoning.
(Ord. No. 92-127, § 6, 2-4-92)
ORD # Cì:5 .-2 ?J./-
, PAGE 39
Sees. 5-16~~--5-190. Reserved.
ARTICLE VII. UNSAFE, DILAPIDATED, DANGEROUS BUILDINGS*
----------
*Cross reference(sj--Housing standards, S 5-166 et seq.
State law reference(s)--Unfit structures, RCW 35.80.010 et
seq.
----------
Sec. 5-191. Code adopted.
The Uniform Code for the Abatement of Dangerous Buildings
(UCADB) ,
199~.i
Edition,
as
published
by
the
International
Conference of Building Officials, is adopted by reference as if set
forth in full, subject to the amendments, additions or deletions
set forth in this article. The purpose of this code is 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.
(Ord. No. 90-33, S 81, 2-13-90; Ord. No. 92-143, S 34, 6-16-92)
Cross
reference(sj--Application
of
fire
prevention
and
protection
standards
to
alterations,
repairs
and
building
additions, S 8-71.
ORD # C)j-234
, PAGE 40
Sec. 5-192. Amendments.
The following amendments to the code adopted in section 5-191
are hereby adopted:
(1)
section 401....J, is amended and supplemented by the addition
of
a
new
subsection
to
be
known
as
subsection
401+Btf6+.3.1 to read as follows:
f6t
The
building
official,
together
with
the
director
or
delegate
of
the
following
city
departments: community development, fire services,
police department
and public works
shall,
upon
written request filed with the building official by
any
interested
person
(including
the
building
official), conduct an informal conference relative
to the matters set forth in the notice and order.
All interested persons shall be given notice of
such conference and may attend and participate.
Following such informal conference,
the building
official shall, within ten days thereof, file an
amended or supplemental order and the time within
which an appeal may be requested shall be extended
to
30
days
from
the
date
of
such
informal
conference or 15 days from service of the amended
or supplemented order, whichever shall last occur.
section 401fet~ is amended to read as follows:
(2)
-fet--The
notice
and
order
and
any
amended
or
supplemental notice and/or order shall be served
ORD #CI:5-234
, PAGE 41
upon the record owner and posted on the property.
The record owner for the purposes of the procedures
of this chapter shall be the person listed in the
records of the King county department of finance
for the
of mailing
tax
real
property
purposes
statements. The building official shall also serve
one copy on each of the following, if known to the
building official or disclosed from the records of
the King County department of finance,
including
the
maintained
one
in
relation
records
to
the
percent estate excise sales tax: the holder of any
mortgage,
deed
of
trust,
leasehold,
contract
purchaser or contract seller.
The failure of the building official to serve any
person
required
not
herein
to
be
served
shall
invalidate
any proceedings
hereunder
to
as
any
other person duly served or relieve any such person
from any duty or obligation imposed on him or her
by the provisions of this section.
(3)
section 901 is amended to read as follows:
ORD # Q1-Z ~L/-
section 901. The building official shall keep an
itemized account of the expenses incurred by the
city in the repair or demolition of any building
done pursuant to the provisions of section 701fet
~(3) of this code. Upon the completion of the work
of
repair
the building official
or demolition,
, PAGE 42
shall
file
and
with
the
director
prepare
of
administration and finance a report specifying the
work done, the itemized and total cost of the work,
including the itemized and total cost of the work,
including an administration and collection fee in
the
$200.00
cover
amount
of
to
the
cost
of
publication, recording and service of all notices
and the cost incurred by the city in the collection
of the assessment or obligation as determined by
section 905~ of this code, a description of the
real property upon which the building or structure
is or was located, and the names and addresses of
the persons entitled to notice pursuant to section
(4)
section 909 is amended to read as follows:
401-fet......J..
ORD #Cl!5-23L!-
A copy of the ordinance confirming the special
assessment shall be filed with the department of
administration and finance.
A certified copy of
such ordinance shall be recorded with the King
county department of elections and records.
The
director of administration and finance upon receipt
of such ordinance shall proceed to collect the
special assessment in the
same manner as
local
improvement
district
assessments,
including
installments
are
collected,
provided
thereof,
however, that the 30-day prepayment notice need not
, PAGE 43
be published but shall be mailed to the owner of
record.
(5)
Sections
910
and
911
are
hereby
deleted
in
their
entirety.
(Ord. No. 90-33, §§ 82--86, 2-13-90)
cross
reference (s)--Permit
issuance,
expiration
and
regulations under this chapter, § 5-42.
Sec. 5-193. Appea1 process.
Any appeals of any decisions rendered pursuant to this article
shall
be made
to
a
hearing
examiner
appointed
by
the
city.
Procedural rules concerning appeals shall be as provided in process
I of chapter 22, Zoning.
(Ord. No. 92-127, § 8, 2-4-92)
Sees. 5-194--5-215. Reserved.
ARTICLE VIII. SWIMMING POOLS, HOT TUBS, SPAS*
----------
*Cross
reference(s)--Permit
issuance,
expiration
and
regulations under this chapter,
§ 5-42;
restrictions regarding
fences, § 22-1026 et seq.
----------
ORD # CJ6-234-
, PAGE 44
See. 5 21'. Gede adep~ed.
'PHe URiferm £wilBlllißEj Peel, Ð)!!a aRà Het 'Pub Code, 1991 EàitieR,
as )!!uBlisheà BY tHe Ißterßatießal AsseciatiaR ef rlumbiHEj aRà
~leeHaRieal Officials, is aàe)!!teà BY this refereRee as if set ferth
iR full,
subj act te tHe ameREillleRts,
aààitießs er àeletiol'ls set
fertH iR tHis artiele. 'Pae )!!ur)!!ese ef tHis eeàe is Rot to ereate er
etHen:ise estaBlish er àesiEjRate aRY )!!artieular Blass er Ejrau)!! ef
J erseRs \.'fie \fill er should be es)!!eeially )!!reteeteà er BeRefiteà by
the terms of this code.
(Orà. He. 99 33, S 88, 2 13 99; Orà. He. 92 113, S 35, , l' 92)
Sec. 5-217. Compliance required.
All plans submitted to the city for swimming pools to be
constructed shall show compliance with the requirements of this
article, and final inspection and approval of all pools constructed
shall be withheld until all requirements of this article have been
complied with.
(Ord. No. 90-56, § 5, 5-1-90)
Sec. 5-218. Enforcement.
The building official is charged with the duty of enforcing
this article and determining whether or not the provisions and
requirements of this article have been complied with.
(Ord. No. 90-56, § 9, 5-1-90)
ORD # f1)-2~LI-
, PAGE 45
Sec. 5-219. violations and penalties.
Any person violating any of the provisions of this code shall
be deemed guilty of a misdemeanor, and each such person 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 article is committed, continued, or permitted,
and upon conviction of any such violation such person shall be
punishable as provided in section 1-13.
(Ord. No. 90-56, § 8, 5-1-90)
Sec. 5-220. Satisfactory alternate.
Notwithstanding any precise requirements of this article, the
building official may approve alternate methods of protection and
construction and maintenance of swimming pools,
provided such
alternate methods meet the same essential surety requirements of
this
article,
and it can be demonstrated that such alternate
methods
are
better
suited
because
of
peculiar
or
unusual
circumstances and that it is not practical to meet the precise
requirements of this article.
Any person who
seeks to obtain
approval of any such alternate and who is denied approval by the
building official may appeal his or her decision to a hearing
examiner appointed by the city for such purpose by filing a notice
of appeal with the city clerk stating the grounds for the appeal
and requesting a hearing to review the decision by the building
official. The procedure for such appeal shall be as provided in
process I of chapter 22, Zoning.
(Ord. No. 90-56, § 6, 5-1-90)
ORD # Q(Y2?f1-
, PAGE 46
Sec. 5-221. Retroactive effect.
Swimming pools, hot tubs and spas of a type subject to the
provisions of this article which were in existence prior to the
effective date of this ordinance from which this article was
derived and where not provided with the safety requirement then in
effect shall within six months from the effective date of this
article
be
brought
into
conformity
with
the
provisions
and
requirements of this article. Swimming pools, hot tubs and spas not
brought into conformity within the period of time herein specified
are hereby declared to be a public nuisance and public hazard, and
the owner of the premises upon which such pool exists shall be
subject to the penalties prescribed herein.
(Ord. No. 90-56, § 7, 5-1-90)
Sec. 5-222. Fences and gates--Required.
(a) Every person whether as owner, purchaser under contract,
lessee, tenant or licensee in possession of land within the city
upon which is situated a swimming pool, hot tub or spa in excess of
18 inches in depth, including portable pools, shall at all times
maintain on the lot or premises upon which such pool is located and
completely surrounding such pool, lot or premises, a fence or other
solid
structure
designed
to
prevent
small
children
from
inadvertently wandering into the pool. Such fence or other solid
structure shall be not less than five feet in height with no
opening (other than doors or gates) except as follows:
ORD # q:5- 234-
, PAGE 47
(1)
For a fence or other solid structure whose chief covering
members are constructed in a vertical direction, there
shall be no openings in a horizontal direction of more
than four inches. For a fence of this type there shall be
no more than three horizontal members.
(2)
For a fence or other solid structure whose chief covering
members are constructed in a horizontal direction there
shall be no openings in a vertical direction.
(3)
All gates or doors opening through such enclosure shall
be equipped with a self-closing and self-latching device
designated to keep, and capable of keeping, such door or
gate securely closed at all times when not in actual use
and to prevent a small child from opening such door or
gate; provided, however, that the door of any dwelling
occupied by human beings, and forming any part of such
enclosure, need not be so equipped.
(b)
All latches or locking devices on doors or gates as
required by this section shall be installed not less than four
feet, six inches, above the adjoining walks, steps or ground level.
No self-closing gate required by this section shall have a width in
excess of four feet unless the design is specifically approved by
the city building official. In no event shall a gate which serves
a driveway qualify as a self-closing gate for the protection of
swimming pools under the requirements of this section.
(Ord. No. 90-56, § 1, 5-1-90)
ORD # Q:)~ J!iJ
, PAGE 48
Sec. 5-223. Same--Waiver for inaccessibility.
The requirements of this article relating to a fence or other
solid structure surrounding a swimming pool, hot tub or spa on all
sides may be waived to the extent that the topographical features
of the land upon which the pool is constructed or is proposed to be
constructed
are
such
as
to
make
the
land
inaccessible
and
unapproachable from any portion thereof which is unfenced and
unenclosed.
(Ord. No. 90-56, § 2, 5-1-90)
Sec. 5-224. Same--Covered pools.
(a) All permanent swimming pool covers shall be considered
adequate enclosure protection as required in this article provided
that:
(1)
All exterior openings are constructed as required for
gates;
(2)
Exterior walls are solid and impenetrable. Pool cover
structures shall conform to all requirements of the city
building code in effect at the time of construction.
(b) All hot tub and spa covers shall be considered adequate
enclosure protection as required by this article, provided that
when not in use, hot tubs or spas are covered by a solid cover
capable of supporting 50 pounds.
(Ord. No. 90-56, § 3, 5-1-90)
ORD # Cl.5-2W
, PAGE 49
Sec. 5-225. Excavation walls; distance from slope; walkway.
(a)
Swimming pool excavations and swimming pools partially
completed shall be protected and guarded against danger to life and
property. Such excavations shall have walls of masonry or concrete
of sufficient strength to retain the embankment together with any
surcharged loads. No swimming pool or swimming pool excavation
shall extend within one foot of the angle of repose or natural
slope of the soil under any footing or foundation unless:
(1)
Such footings or foundations are first properly pinned or
protected against settlement; or
(2)
The swimming pool wall is designed,
through rational
engineering analysis, to support the surcharge created by
the building or structure resting on such footing or
foundation.
(b)
Notwithstanding the proximity of a swimming pool to a
foundation or footing allowed by angle of repose, there shall be
permanently maintained walkways between buildings and a swimming
pool of not less than three feet in width. Diving boards and other
permanently attached swimming pool accessories constructed along
the perimeter of the pool shall in the aggregate not exceed five
percent of the perimeter distance of the pool.
(Ord. No. 90-56, § 4, 5-1-90)
Sec. 5-226. Appeal process.
Any appeals of any decisions rendered pursuant to this article
shall
be made
to
a hearing
examiner
appointed
by
the
city.
ORD # q~-2j4
, PAGE 50
Procedural rules concerning appeals shall be as provided in process
I of chapter 22, Zoning.
(Ord. No. 92-127, § 9, 2-4-92)
Sees. 5-227--5-245. Reserved.
ARTICLE IX. MOVING BUILDINGS*
----------
*Cross reference(s)--Licenses and business regulations, ch. 9;
streets, sidewalks and certain other public places, ch. 13; traffic
and vehicles, ch. 15; utilities, ch. 16.
State law reference (s) --Construction standards, RCW 19.27.180.
----------
Sec. 5-246. Purpose and scope.
It is the purpose of this article to establish standards,
including minimum requirements for the moving of all buildings and
other structures within the corporate limits of the city, and to
provide for the issuance of a permit, collection of various fees,
and inspectional services for all such movements.
(Ord. No. 90-34, § 1, 2-13-90)
Sec. 5-247. Definitions.
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:
Building
shall
mean
and
include
every
building,
house,
structure or other like object.
ORD # Cj6-234
, PAGE 51
Housemover shall mean any person engaged in the business of
moving houses, buildings, structures or other like objects.
Substantially remodeled shall mean any building when the total
cost of all alterations or repairs (including without limitation
electrical, mechanical, plumbing, and structural changes) to such
building completed during any 12-month period from the date of
application to move a building exceeds 60 percent of the assessed
value of the building for purposes of general taxation.
(Ord. No. 90-34, § 2, 2-13-90; Ord. No. 90-49, § 1, 3-20-90; Ord.
No. 93-198, § 1, 12-7-93)
Cross reference(s)--Definitions and rules of
construction
generally, § 1-2.
Sec. 5-248. Classification of movements.
The movement of buildings under the provisions of this article
shall be classified as follows:
(1)
Class I move is the movement of any building from an
origin outside the city to a destination within the city,
(2)
Class II move is the movement of any building from one
point within the city to another point within the city,
(3)
Class III move is the movement of a building from a point
within the city to a destination outside the city, and
(4)
Class IV move is the movement of any building through the
city with both an origin and destination outside the
city.
(Ord. No. 90-34, § 2, 2-13-90; Ord. No. 90-49, § 1, 3-20-90)
ORD #Q'5-23L/-
, PAGE 52
Sec. 5-249. Permit required.
No person shall move any building over, upon, along or across
any public street without a written permit therefor from the city
for all such moves as classified and defined in this article.
(Ord. No. 90-34, § 3, 2-13-90)
Cross
reference(s)--Permit
issuance,
regulations under this chapter, § 5-42.
expiration
and
Sec. 5-250. App1ication for permit.
Application for a permit under this article shall be furnished
by the city. The application for permit shall contain, or have
attached thereto the following information:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Name and address of applicant;
Location of building to be moved
(present address if
assigned);
Location of proposed site to which building is to be
moved (include legal description);
Date and time requested for movement;
Map or description of requested route to be taken;
Height, width and length of building to be moved and
truck or equipment to be used for moving the building;
and
Classification of movement.
(Ord. No. 90-34, § 4, 2-13-90)
ORD # C)5 ~ 2yj
, PAGE 53
Sec. 5-251. Fees.
(a) Every applicant before being granted a permit under this
division
shall
pay
an
application
filing
fee
as
shall
be
established from time to time by the city and on file in the office
of the city clerk.
(b) For any application for a Class I or II move under this
article, there shall be charged and collected an inspection fee in
an amount as shall be established from time to time by the city and
on file in the office of the city clerk.
(Ord. No. 90-34, § 5 (A), (B), 2-13-90)
Sec. 5-252. Deposits; insurance.
An application for a permit under this article
shall be
accompanied by the following:
(1)
A cash deposit or corporate surety bond in the sum of
$1,000.00 or such greater amount as the building official
determines necessary as indemnity for any damage which
the city may sustain by reason of damage or injury to any
highway, street or alley, sidewalk or other property of
the city, which may be caused by or be incidental to the
removal of any building over, along or across any street
in the city and to indemnify the city against any claim
of damages to persons or private property;
(2)
A public liability insurance policy providing $100,000.00
or
such
greater
amount
as
the
building
official
determines necessary to satisfy any claim by private
ORD # qr)- 2 ?Jf-
, PAGE 54
individuals, firms or corporations arising out of, caused
by, or incidental to the moving of any building over,
along, or across any street in the city; and
(3)
A cash deposit or a corporate surety performance bond in
the sum of $500.00 or such greater amount as the building
official
determines
necessary
conditioned
upon
the
permittee,
within
six
months
from
the
date
of
the
issuance of such permit:
a.
Completing the construction, painting and finishing
of the exterior of the building.
b.
Faithfully complying with all requirements of this
article, the building code, the zoning ordinance,
the other ordinances then in effect within the
city,
including
but
not
limited
to
permittee
completing such work within six months to the date
of the issuance of such permit.
In the event the provisions of this subsection are not
complied with within the time specified,
the sum of
$500.00 shall be forfeited to the city as a penalty for
the default, and this shall be in addition to any other
penalties provided for failure to comply within the terms
of this article.
(Ord. No. 90-34, § 5, 2-13-90)
Sec. 5-253. Conditions for issuance of permits.
As a condition of securing the permit for a Class I or II
move:
ORD #qt)-2gL/-
, PAGE 55
(1)
The permittee shall furnish the city with a set of plans
and specifications for the completed building to include
a plot plan showing in detail the placement of the
proposed structure upon the lot within the city. Class I
and
Class
II
residential
buildings
which
are
substantially remodeled and all non-residential buildings
shall meet all requirements set forth in this Code for
new structures;
(2)
The permittee shall provide certification of sewer and
water
availability
from
the
local
utility
or
site
approval for installing a private sewer system (septic
system); and
(3)
Class I and Class II buildings shall be inspected by the
city before they are moved. Residential buildings shall
be
inspected
for
compliance
with
minimum
housing
standards as required by the Uniform Housing Code as
adopted by the city pursuant to Article VI,
, 'housing
standards"
of
this
Code.
Substantially
remodeled
residential buildings and non-residential buildings shall
be inspected for compliance with those regulations set
forth in this Code that apply to new structures.
(Ord. No. 90-34, § 6,2-13-90; Ord. No. 93-198, § 2, 12-17-93)
Sec. 5-254. Escort.
For Class I,
II,
III and IV moves,
the housemover shall
provide at least two off-duty police officers or other appropriate
ORD # q:5-1 W
, PAGE 56
agency employees which provide an escort service for the purpose of
regulating traffic along the route such building is being moved,
provided that any such police or special agency escort shall be at
the expense of the housemover in addition to any other fees or
deposits heretofore required. No variances of the provisions of the
permit shall be permitted by the escort.
(Ord. No. 90-34, § 7(A), 2-13-90)
Sec. 5-255. Time.
Time of the movement of buildings shall be designated by the
city. Every permit issued under this article shall become and be
void unless such removal shall be completed and the building
removed from the public right-of-way within the time specified in
the application for such permit; provided, however, that the city
may extend such time when the moving of any building is rendered
impractical by reason of inclemency of the weather,
strikes or
other causes not within the control of the housemover.
(Ord. No. 90-34, § 7(B), 2-13-90)
Sec. 5-256. Lights.
No person moving any building over, upon, along or across any
public street shall fail, neglect or refuse to keep a red light (or
such other devices as the city may require) at all times at each
corner of such building and at the end of any projection thereon
while the same is located in or upon any public street.
(Ord. No. 90-34, § 7(C), 2-13-90)
ORD # q) -2?1-1-
, PAGE 57
Sec. 5-257. Notice to utilities.
Before any building shall be moved the housemover shall give
written notice to the public utilities or agencies designated in
the application not less than three days in advance of the proposed
move.
(Ord. No. 90-34, § 7(D), 2-13-90)
Cross reference(s)--utilities, ch. 16.
Sec. 5-25S. Condition of lot.
After the completion of any Class II or III move the area or
lot upon which the structure was formerly located shall be cleaned
up and satisfactorily graded; the sanitary sewer connection, if one
exists,
shall be plugged and marked; the water meter shall be
removed
and
the
line
satisfactorily
capped
and
marked;
the
electrical and telephone lines removed;
and all trash removed
therefrom to the satisfaction of the building official.
(Ord. No. 90-34, § 7(E), 2-13-90)
Sec. 5-259. Appeal process.
Any appeals of any decision rendered pursuant to this article
shall
be
made
to
a
hearing
examiner
appointed
by
the
city.
Procedural rules concerning appeals shall be as provided in process
I of chapter 22, Zoning.
Sees. 5-2~60--5-2S0. Reserved.
ORD # Qt)- 2 ~¿j
, PAGE 58
ARTICLE X. SIGNS*
----------
*Cross
reference (s)--Signs
in parks
and recreation
areas
restricted, § 11-85; required screening for rooftop appurtenances,
§ 22-960; location and zoning requirements for signs, § 22-1596 et
seq.
----------
Sec. 5-281. Code adopted.
The Uniform Sign Code (USC) , 199~~ Edition, as published by
the International Conference of Building Officials, is adopted by
reference as if set forth in full,
subj ect to the amendments,
additions or deletions set forth in this article. The purpose of
this code is 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.
(Ord. No. 90-33, § 77, 2-13-90; Ord. No. 92-143, § 33, 6-16-92)
Sec. 5-282. Permit and checking fees.
(a) The sign permit fee and plan checking fee authorized by
section 304 of the Uniform Sign Code, adopted by reference in this
article, shall be the same as the fee schedule contained in section
~ 107 and Table ~Å-A of the Uniform Building Code, as adopted by
this Code except:
(1)
A minimum $20.00 fee shall be charged for each marquee or
building mounted sign.
ORD # q:!r 2 3¿!
, PAGE 59
(2)
A
minimum
$40.00
fee
shall
be
charged
for
each
freestanding or pole mounted sign.
A minimum $10.00 plan check fee shall be charged for each
(3)
sign for which a permit is applied.
(Ord. No. 90-33, § 78, 2-13-90)
Cross
reference(s)--Permit
issuance,
expiration
and
regulations under this chapter, § 5-42.
Sec. 5-283. Duties of building official.
(a) Applications for the erection of exterior signs shall be
filed with the building department.
Such applications shall be
accompanied by drawings which clearly delineate the sign, its size,
shape, materials, color, lettering, number and wattage of lights,
or other devices which are a part of the installation. The drawings
shall show the method of fastening or anchoring the sign to a
building or the footings and foundation and column designed for
freestanding signs. Drawings shall also be submitted indicating the
relationship of a proposed sign to the total structure to which it
would be attached.
(b)
upon approval of the planning official,
the building
department shall review the drawings and may inspect the site or
the building upon which the sign is to be applied and determine
that the anchoring or fastening methods are sufficiently safe and
meet
the
requirements
of
the
city
bùilding
code
and
the
requirements of this article.
(Ord. No. 90-33, § 79, 2-13-90)
ORD # q:5~ 2 ~Lj, PAGE 60
Sec. 5-284. Appeal process.
Any appeals of any decisions rendered pursuant to this article
shall
be
made
to
a
hearing examiner
appointed
by
the
city.
Procedural rules concerning appeals shall be as provided in process
I of chapter 22, Zoning.
(Ord. No. 92-127, § 7, 2-4-92)
Published by Municipal Code Corporation
Section
2.
Severabilitv.
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 of the ordinance, or the validity of its application to
other persons or circumstances.
Section 3.
Ratification.
Any act consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
section 4.
Effective Date.
This ordinance shall take
effect and be in force five (5) days from and after its passage,
approval, and publication, as provided by law.
this
PASSED by the City Council of the city of Federal Way
~-þ day of \--;;;Æ.f..-.- , 1995.
CITY OF FEDERAL WAY
~~~
MA OR, Y E. GATES
ORD # q5234 , PAGE 61
)iT' ~~
( ~/
CITY CLERK, N. CHRISTI E G EEN-
APPROVED AS TO
~l'
FORM:
~~NDI' K. ~DELL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 95-234
ØáýO9, 1995
June 6, 1995
June 10, 1995
June 15, 1995
K: \ORD I N\BUI LD I NG .CH5
ORD #
95-234
, PAGE 62