The URL can be used to link to this page

19-103064 REQUEST F4 ADMINISTRATIVE DECISION CITY OF 1 '\ COMMUNITY DEVELOPMENT DEPARTMENT, Federal Way RECEIVED 33325 8`h Avenue South, Federal Way,WA 9800 �, ,l r; 2019 253-835-2607;Fax 253-835-2609 �' www.citvoffederalway.com COMMU b ' :. �w�J�:d LUr,v� i`dT • FILE NUMBER fq _ I U ' l Date • Applicant NAME PRIMARY PHONE U)\n\? 61Pl(k)c — \ - 9 1/4F--' BUSINESS/ORGANIZATION ALTERNATE PHONE .L—& k:Ir\G1 S ?-1 Va U V, ‘.-1---C., (p-a-ip1- i of 7--`{-- MAILING ADDRESSDR `E- • CITY f\ V STATE ZIP FAX 1 `M/ kir- Property Address/Location 3Je5 D3 15b1 4 v L Ski\) ‘‘?3C/(LP-- Pr W P' q $0 r_ .1 � Description of Request QQ Go -e LS Ck w\\V\\S�1�ZJlJ\ t\1�- ckc& Sl t - \12)si 1/4-7 (\lOrt k`t) `-/cA/\,Q. 0.110) `CA lat-CZ)(CO G �Q v..c.e_�- .� \v. � l`� w� by \d1 vti, 0\._ . \ce \aof\6._C Ok .-U- <1)6.A-)k)AS2—) 'Clik)(1t\if k-CA" c2-- ..1252 r9i;\u.. - \-edC '. List/Describe Attachments 5.-) h''Q eS Ok V�I1,-S \ _ o 'aaD-3 C (as a kw1Q' IZ$.I30 -'i — 9—q C. \O------ ‘?0,\c,Ss-- e 'S For Staff Use ❑ Code Interpretation/Clarification ❑ Critical Areas Letter/Analysis/Peer Review • ❑ Request for Extension(Land Use/Plat Approval) ❑ Revisions to Approved Permit ❑ Tree Removal ❑ oning Compliance Letter �j,� I`- A!. Bulletin#079—January 4,2016 Page 1 of 1 k:\Flandouts\Request for Administrative Decision 7 June 21,2019 Mr. Robert"Doc" Hansen Planning Manager Department of Community Development City of Federal Way 33235 8th Avenue South Federal Way,WA 98003 Re: Request for Administrative Decision Dear Mr. Hansen: Our future Adult Family Home located at 33233 36th Avenue SW Federal Way, WA is required to build a handicap accessible ramp in accordance with WAC 51-51-0325 Section R325 -Adult Family Homes as governed by RCW 70.128.130 Adult Family Home Requirements, and illustrated in RCW 311.8 ramps, for our future disabled residents requiring the use of wheelchairs. This ramp will facilitate exit out of the home in the event of an emergency, providing enough area for Fire Department and EMT individuals to roll residents out of the house. In addition, this ramp is needed to provide access to the existing deck, where residents can enjoy the outdoors in accordance with RCW 70.128.130 No.4(c)."Adult Family Home must have outdoor areas safe and accessible to all residents". Moreover,this ramp provides normal entry and exit out of the home when residents must go outside for doctor's visits or take care of other personal business. We are requesting an approval to build this ramp which is justified by the requirements found in 28 CFR (Code of Federal Regulation) Part 35, that states that "reasonable procedures will be taken while necessary, in order to avoid discrimination on the basis of disability in State and Local government. We appreciate your review and kind consideration of this request. Respectively, 11.0N\6.2 qX;Vk Lydi Gathara Property Owner cc: Loise Wanjohi Overflow Blessing Senior Care LLC enclosures 6/24/201'9 RCW 70.128.130:Adult family homes—Re 'ements. RCW 70.128.130 Adult family homes—Requirements. *** CHANGE IN 2019 *** (SEE 5403-S.SL) *** (1) The provider is ultimately responsible for the day-to-day operations of each licensed adult family home. (2)The provider shall promote the health, safety, and well-being of each resident residing in each licensed adult family home. (3)Adult family homes shall be maintained internally and externally in good repair and condition. Such homes shall have safe and functioning systems for heating, cooling, hot and cold water, electricity, plumbing, garbage disposal, sewage, cooking, laundry, artificial and natural light, ventilation, and any other feature of the home. (4) In order to preserve and promote the residential home-like nature of adult family homes, adult family homes licensed after August 24, 2011, shall: (a) Have sufficient space to accommodate all residents at one time in the dining and living room areas; (b) Have hallways and doorways wide enough to accommodate residents who use mobility aids such as wheelchairs and walkers; and (c) Have outdoor areas that are safe and accessible for residents to use. (5)The adult family home must provide all residents access to resident common areas throughout the adult family home including, but not limited to, kitchens, dining and living areas, and bathrooms, to the extent that they are safe under the resident's care plan. (6) Adult family homes shall be maintained in a clean and sanitary manner, including proper sewage disposal, food handling, and hygiene practices. (7)Adult family homes shall develop a fire drill plan for emergency evacuation of residents, shall have working smoke detectors in each bedroom where a resident is located, shall have working fire extinguishers on each floor of the home, and shall not keep nonambulatory patients above the first floor of the home. (8) The adult family home shall ensure that all residents can be safely evacuated in an emergency. (9)Adult family homes shall have clean, functioning, and safe household items and furnishings. (10) Adult family homes shall provide a nutritious and balanced diet and shall recognize residents' needs for special diets. (11) Adult family homes shall establish health care procedures for the care of residents including medication administration and emergency medical care. (a) Adult family home residents shall be permitted to self-administer medications. (b)Adult family home providers may administer medications and deliver special care only to the extent authorized by law. (12)Adult family home providers shall either: (a) Reside at the adult family home; or(b) employ or otherwise contract with a qualified resident manager to reside at the adult family home. The department may exempt, for good cause, a provider from the requirements of this subsection by rule. (13) A provider will ensure that any volunteer, student, employee, or person residing within the adult family home who will have unsupervised access to any resident shall not have been convicted of a crime listed under RCW 43.43.830 or 43.43.842, or been found to have abused, neglected, exploited, or abandoned a minor or vulnerable adult as specified in RCW 74.39A.056(2). A provider may conditionally employ a person pending the completion of a criminal conviction background inquiry, but may not allow the person to have unsupervised access to any resident. (14) A provider shall offer activities to residents under care as defined by the department in rule. https://app.leg.wa.gov/RCW/default.aspx?cite=70.128.130 1/2 6/24/2010 WAC 51-51-0325: WAC 51-51-0325 Section R325—Adult family homes. SECTION R325 ADULT FAMILY HOMES R325.1 General. This section shall apply to all newly constructed adult family homes and all existing single family homes being converted to adult family homes. This section shall not apply to those adult family homes licensed by the state of Washington department of social and health services prior to July 1, 2001. R325.2Reserved. R325.3 Sleeping room classification. Each sleeping room in an adult family home shall be classified as: 1. Type S -Where the means of egress contains stairs, elevators or platform lifts. 2. Type NS1 -Where one means of egress is at grade level or a ramp constructed in accordance with R325.9 is provided. 3. Type NS2 -Where two means of egress are at grade level or ramps constructed in accordance with R325.9 are provided. R325.4 Types of locking devices and door activation. All bedroom and bathroom doors shall be openable from the outside when locked. Every closet shall be readily openable from the inside. Operable parts of door handles, pulls, latches, locks and other devices installed in adult family homes shall be operable with one hand and shall not require tight grasping, pinching or twisting of the wrist. Pocket doors shall have graspable hardware available when in the closed or open position. The force required to activate operable parts shall be 5.0 pounds (22.2 N) maximum. Required exit doors shall have no additional locking devices. Required exit door hardware shall unlock inside and outside mechanisms when exiting the building allowing reentry into the adult family home without the use of a key, tool or special knowledge. R325.5 Smoke and carbon monoxide alarm requirements. All adult family homes shall be equipped with smoke and carbon monoxide alarms installed as required in Sections R314 and R315.1. Alarms shall be installed in such a manner so that the detection device warning is audible from all areas of the dwelling upon activation of a single alarm. R325.6 Escape windows and doors. Every sleeping room shall be provided with emergency escape and rescue windows as required by Section R310. No alternatives to the sill height such as steps, raised platforms or other devices placed by the openings will be approved as meeting this requirement. R325.7 Fire apparatus access roads and water supply for fire protection. Adult family homes shall be served by fire apparatus access roads and water supplies meeting the requirements of the local jurisdiction. Wacilities are bitd4Or USA 41,1(0141t*lily borne cl'p 'berg f raterctosets;bathtubs andsbOra s shall be installed according to this ection. R325.8.1 Grab bar cross section. Grab bars with a circular cross section shall have an outside diameter of 1 1/4 inches minimum and 2 inches maximum. Grab bars with noncircular cross section shall have a cross section dimension of 2 inches maximum and a perimeter dimension of 4 inches minimum and 4 5/8 inches maximum. R325.8.2 Grab bar installation. Grab bars shall have a spacing of 1 1/2 inches between the wall and the bar. Projecting objects, control valves and bathtub or shower stall enclosure features above, below and at the ends of the grab bar shall have a clear space of 1 1/2 inches to the grab bar. EXCEPTION: Swing-up grab bars shall not be required to meet the 1 1/2 inch spacing requirement. https://apps.leg.wa.gov/WAC/default.aspx?cite=51-51-0325 1/3 6/24/201.9 WAC 51-51-0325: Grabs bars shall have a ctural strength of 250 pounds applies any point on the grab bar, fastener, mounting device or supporting structural member. Grab bars shall not be supported directly by any residential grade fiberglass bathing or showering unit. Acrylic bars found in bathing units shall be removed. Fixed position grab bars, when mounted, shall not rotate, spin or move and have a graspable surface finish. R325.8.3 Grab bars at water closets. Water closets shall have grab bars mounted on both sides. Grab bars can be a combination of fixed position and swing-up bars. Grab bars shall meet the requirements of R325.8. Grab bars shall mount between 33 inches and 36 inches above floor grade. Centerline distance between grab bars, regardless of type used, shall be between 25 inches minimum and 30 inches maximum. R325.8.3.1 Fixed position grab bars. Fixed position grab bars shall be a minimum of 36 inches in length and start 12 inches from the rear wall. R325.8.3.2 Swing-up grab bars. Swing-up grab bars shall be a minimum of 28 inches in length from the rear wall. R325.8.4 Grab bars at bathtubs. Horizontal and vertical grab bars shall meet the requirements of R325.8. R325.8.4.1 Vertical grab bars. Vertical grab bars shall be a minimum of 18 inches long and installed at the control end wall and head end wall. Grab bars shall mount within 4 inches of the exterior of the bath tub edge or within 4 inches within the bath tub. The bottom end of the bar shall start between 36 inches and 42 inches above floor grade. EXCEPTION: The required vertical grab bar can be substituted with a floor to ceiling grab bar meeting the requirements of R325.8 at the control end and head end entry points. R325.8.4.2 Horizontal grab bars. Horizontal grab bars shall be provided at the control end, head end, and the back wall within the bathtub area. Grab bars shall be mounted between 33 inches and 36 inches above floor grade. Control end and head end grab bars shall be 24 inches minimum in length. Back wall grab bar shall be 36 inches minimum in length. R325.8.5 Grab bars at shower stalls. Where shower stalls are provided to meet the requirements for bathing facilities, grab bars shall meet the requirements of R325.8. EXCEPTION: Shower stalls with permanent built-in seats are not required to have vertical or horizontal grab bars at the seat end wall.A vertical floor to ceiling grab bar shall be installed within 4 inches of the exterior of the shower aligned with the nose of the built-in seat. R325.8.5.1 Vertical grab bars. Vertical grab bars shall be 18 inches minimum in length and installed at the control end wall and head end wall. Vertical bars shall be mounted within 4 inches of the exterior of the shower stall or within 4 inches inside the shower stall. The bottom end of vertical bars mount between 36 inches and 42 inches above floor grade. R325.8.5.2 Horizontal grab bars. Horizontal grab bars shall be installed on all sides of the shower stall mounted between 33 inches and 36 inches above the floor grade. Horizontal grab bars shall be a maximum of 6 inches from adjacent walls. Horizontal grab bars shall not interfere with shower control valves. R325.9 Ramps. All interior and exterior ramps, when provided, shall be constructed in accordance with Section R311.8 with a maximum slope of 1 vertical to 12 horizontal. The exception to R311.8.1 is not allowed for adult family homes. Handrails shall be installed in accordance with R325.9.1. R325.9.1 Handrails for ramps. Handrails shall be installed on both sides of ramps between the slope of 1 vertical to 12 horizontal and 1 vertical and 20 horizontal in accordance with R311.8.3.1 through R311.8.3.3. R325.10 Stair treads and risers. Stair treads and risers shall be constructed in accordance with R311.7.5. Handrails shall be installed in accordance with R325.10.1. https://apps.leg.wa.gov/WAC/defauit.aspx?cite=51-51-0325 2/3 i tf, P - y j „I N ��ya). ' 0 -�rVz,..7f . �y. . � I op y�ino `\ A,�AJIS '\ ii'_� r y Nfix, i '� ; TMN;r " `t , • . ; i :"SS�p"tj ',h.', f' b''' .:7- �r•8.A} 7r it rofi f $ : ?a3 }�?fs° . Stt qtT . j t1 J � v t Americans with Disabilities Act Title II Regulations 'q t pad*,,,,.,rar , 9'.s �f,� �t �`£3Ttk�q{� %"�d t% ,,t�ta�3 r 3 v��c,5� i. Pe 5 � � -� Nondiscrimination on the Basis of Disability ,-,,,,,„-I,,..,-} � in State and Local Government Services 3 '.''3 e"y5i4 v � sue` �, t3 �, a ^,,,,,Aft,„..,,:- x `ate '4„, z ',,✓• � 3.,, a 7 r P 'fit 4 Department of Justice a .�{ �� September 15, 2010 ,�,��}} 4, f § Tar �4 4L ; 7"Y{ b+]I'4,*"lir Y•' :',,:y it y t • a '� ar r ; z : �• , ' \ r �, fir, {,a ,4p+t ; Z 9 1; ,,,:,,... 3" r;,�.' �.'»R fig_:,'.,? 28 CFR Part 35 DEPARTMENT OF JUSTICE is not a toll-free number. Information may also be obtained from the Department's toll-free ADA 28 CFR Part 35 Information Line at(800) 514-0301 (voice)or (800) 514-0383 (TTY). (CRT Docket No. 105; AG Order No. 3180- This rule is also available in an accessible 2010J format on the ADA Home Page at http://wxtiv.ada. gov.You may obtain copies of this rule in large RIN 1190-AA46 print or on computer disk by calling the ADA Nondiscrimination on the Basis of Disability in Information Line listed above. State and Local Government Services SUPPLEMENTARY INFORMATION: AGENCY: Department of Justice,Civil Rights Division. The Roles of the Access Board and the Depart- ACTION: Final rule. ment of Justice The Access Board was established by section SUMMARY:This final rule revises the 502 of the Rehabilitation Act of 1973. 29 U.S.C. regulation of the Department of Justice 792.The Board consists of 13 members appointed (Department) that implements title II of the by the President from among the general public, Americans with Disabilities Act(ADA),relating the majority of whom must be individuals to nondiscrimination on the basis of disability with disabilities,and the heads of 12 Federal in State and local government services.The departments and agencies specified by statute, Department is issuing this final rule in order including the heads of the Department of Justice to adopt enforceable accessibility standards and the Department of Transportation(DOT). under the ADA that are consistent with the Originally, the Access Board was established to minimum guidelines and requirements issued develop and maintain accessibility guidelines by the Architectural and Transportation Barriers for facilities designed,constructed,altered,or Compliance Board(Access Board),and to leased with Federal dollars under the Architectural update or amend certain provisions of the title Barriers Act of 1968(ABA).42 U.S.C. 4151 et II regulation so that they comport with the seq.The passage of the ADA expanded the Access Department's legal and practical experiences in Board's responsibilities. enforcing the ADA since 1991. Concurrently The ADA requires the Access Board to "issue with the publication of this final rule for title minimum guidelines that shall supplement the the Department is publishing a final rule existing Minimum Guidelines and Requirements amending its ADA title III regulation,which for Accessible Design for purposes of subchapters covers nondiscrimination on the basis of disability II and III of this chapter* * * to ensure that by public accommodations and in commercial buildings, facilities,rail passenger cars,and facilities. vehicles are accessible, in terms of architecture DATES: Effective Date: March 15, 2011. and design, transportation,and communication, FOR FURTHER INFORMATION to individuals with disabilities."42 U.S.C. 12204. CONTACT: The ADA requires the Department to issue Janet L. Blizard, Deputy Chief,or Barbara J. regulations that include enforceable accessibility Elkin,Attorney Advisor,Disability Rights Sec- standards applicable to facilities subject to title II tion,Civil Rights Division,U.S. Department of or title III that are consistent with the "minimum Justice,at(202) 307-0663 (voice or TTY). This guidelines"issued by the Access Board,42 U.S.C. Department of Justice Supplementary Information- 1 FILE CITY HALL CITY OF 33325 8th Avenue South ` Federal Way,WA 98003-6325 �. Federal Way wwwcityoffederalway.com Centered on Opportunity Jim Ferrell, Mayor Ms. Lydiah Gathara July 11,2019 33233 36th Avenue SW Federal Way,WA 98023 Re: File #19-103064-00-AD; REASONABLE ACCOMMODATION—SIDE SETBACK INTRUSION Overflow Blessings Senior Care LLC,33233 36th Avenue SW,Federal Way Dear Ms.Gathara: This letter is to inform you that the Department of Community Development has determined that the handicap ramp described in your June,25, 2019,letter is permissible under the reasonable modification provisions of the Americans with Disabilities Act(ADA). In researching the proposal,staff identified that under the ADA,Subpart B of the General Requirements,Part 35,Section 130,Paragraph(b)(7),public entities may make reasonable modifications in policies,practices,or procedures where necessary to avoid discrimination on the basis of disability. Your letter noted that the residence at 33233 36th Avenue SW is used as an adult family home,and the ramp will service clientele who are disabled and will provide emergency access and egress. City files note that a business license application for Overflow Blessings Senior Care,LLC was submitted and is under review for file#19-101956-BL. The property in question is zoned RS 7.2,Single-Family Residential,with a minimum side setback of five feet (Federal Way Revised Code[FWRC] 19.200.010).This setback requirement has been determined not be a hindrance to construction of this ramp,but the ramp must meet WAC 51-51-0325: R325.9,"Specifications for Ramps in Adult Family Homes." The encroachment into the setback will allow for reasonable accommodation in order for occupants to fully enjoy the rights and privileges of this residential property. Furthermore,the city has determined that the ramp is not materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located. Based on this decision,it is not necessary to process and obtain a variance for the intrusion. If you have any questions regarding this letter,please contact Planning Intern William Golding at 253-835-2622, or wlliam.goldingna,cityoffederalway.com. Sincerely, Doc Hansen Planning Manager c: William Golding,Planning Intern Doc.[D.79372 t9-1030G-1-00-AD