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Ord 04-465 ORDINANCE NO. 04-465 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 5 OF THE FEDERAL WAY CITY CODE AND ADOPTING THE 2003 INTERNATIONAL CODES AND THE 2003 UNIFORM PLUMBING CODE (AMENDING ORDINANCES NOS. 90-33, 92-143, 95-234, 98-320 AND, 01-402) WHEREAS, the City of Federal Way is required to adopt the State of Washington International Codes and the Uniform Plumbing Code as amended by the State Building Code Council pursuant to RCW 19.27.031; and WHEREAS, the State Building Code Council has mandated that the International Codes and the Uniform Plumbing Code become effective on July 1, 2004; and WHEREAS, the City has determined that it is necessary to protect the public heath, safety and welfare by adopting the 2003 International Codes and the 2003 Uniform Plumbing Code as published by the International Code Conference (ICC) and International Association of Plumbing and Mechanical Officials (IAPMO) respectively; and WHEREAS, the City of Federal Way has considered a proposed change to the Federal Way City Code (FWCC) relating to the Building Code (Proposal); and WHEREAS, the Land Use and Transportation Committee of the City Council considered the Proposal on September 13, 2004, and moved to forward the proposed Building Code amendment to Chapter 5 ofthe Federal Way City Code to the full City Council; NOw, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 5, Article I, Section 5-2 of the Federal Way City Code is amended to read as follows: 5-2 Conflicts. In case of conflict among the following adopted codes, the codes as numbered shall govern over those following: Ord. No. 04-465, Page I ORiGINAL (I) Uniform International Building Code; (2) International Residential Code (J 1) Uniform International Mechanical Code; (J ~D Uniform International Fire Code; (4~) Uniform Plumbing Code. Section 2. Chapter 5, Article I, Section 5-3 of the Federal Way City Code is amended to read as follows: 5-3 Interpretation. (a) Whenever the following words appear in the codes and regulations adopted by this chapter, they shall be interpreted as follows: (I) Administrative authority shall mean the building official. (2) Board of appeals shall mean the hearing examiner appointed by the city. (3) Chief .fire chief or chief of the bureau of fire prevention shall mean the fire chief of the King County Fire District No. 39 Federal Way Fire Department. (4) City treasurer shall mean the director of administration and finance. (5) Corporation counsel shall mean the city attorney. (6) Municipality and jurisdiction shall mean the city of Federal Way. (b) 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. Section 3. Chapter 5, Article II, Section 5-37 of the Federal Way City Code is amended to read as follows: 5-37 Authority to adopt rules and regulations. (a) The city shall adopt rules and regulations for the implementation of this chapter, including: (1) Procedures to assure that building perm its 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 and R2 occupancies. (5) Procedures to allow for hydrant spacing requirements to be relaxed by as much as 50 percent purs'.Jant to the Uniform Fire Code, except where such allowances 'Nould unreasonably reduce fire protection to the area or structures served. (é ~) 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. (b) No less than one copy shall be available for public inspection and review in the fire department office or the building department. The city may offer the rules and regulations for sale for a reasonable cost to cover printing and handling. Ord. No. 04-465, Page 2 Section 4. Chapter 5, Article II, Sections 5-42 through 44 of the Federal Way City Code are amended as follows: 5 12 Permits. (a) The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed 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 'iiolate or cancel the provisions of this chapter shall be valid, except insofar as the work or use 'Nhich it authorized is la'Nful. (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 "",hen in violation of this or any other provision of this Code or from revoking any certificate of approval when issued in error. (c) E'iery 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 I gO days. Before such v.'Ork 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 vlOrk; and provided further, that such suspension or abandonment has not exceeded one year. /\11 land surface modification, building, plumbing and mechanical permits for R 3 and U occupancies shall expire one year from the date of issue. Such permits may be rene\'ied for one half of the amount of the original permit fee for the first permit issued for such '.'.'Ork. 5-4J ~ Enforcement (administration). Notwithstanding any provision to the contrary, civil enforcement of the provisions of this article and the terms and conditions of any permit or approval issued pursuant to this article shall be governed by Chapter 1 FWCC, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the city including, but not limited to, criminal sanctions as specified herein or in Chapter 1 FWCC, Articles II, III, nuisance and injunction actions, or other civil actions. 5-44 3- 5-65 Reserved. Section 5. Chapter 5, Article III, Section 5-66 of the Federal Way City Code is amended to read as follows: 5-66 Building codes adopted The following codes, all as amended, added to, or excepted in this chapter, together with all amendments and additions provided in this title, are adopted and shall be applicable within the city: (a) The following chapters of the Washington Administrative Code as presently constituted or as may be subsequently amended: (1) Chapter 51 30 \\1 l\C Barrier free facilities; and EJj ill Chapter 51-11 WAC - Washington State Energy Code; and W ill Chapter 51-13 WAC - Washington State Ventilation and Indoor Air Quality Code; and Ord. No. 04-465, Page 3 ~ ill Chapter 51-4{) 50 WAC - State Building Code Adoption and Amendment of the 1997 Edition of the Uniform Building Code and Uniform Building Code Standards; except Section 1003.3.3.3 which is adopted '.'I'ithout state amendment except as the amendment applies to four dwelling units or less; and 2003 International Building Code; and (4) Chapter 51-51 WAC - State Building Code Adoption and Amendment of the 2003 International Residential Code; and (b) ,^.ppendix Chapters 3, Division II and Di'iision II; 1; 15; 31, Division II; 33; 31, Division 1 of the Uniform Building Code 1997 Edition, published by the International Conference of Building Officials Appendix Chapters F, G, Land J of the International Building Code, 2003 Edition, and Appendix Chapters Hand J of the International Residential Code, 2003 Edition; both published by the International Code Council. (c) Pursuant to Section 101.2.g of the applicable uniform codes, the following international codes, promulgated by the International Code Conference (lCC), all as amended, added to, or excepted in this chapter, together \vith all amendments and additions provided in this title, are adopted and shall be applicable as an approved alternate design and construction method "",¡thin the city; except, that provisions contained in the international codes pertaining to four dwelling units or less are excluded from adoption as an approved alternate: (l) International Building Code; (2) International Fire Code; (3) International Mechanical Code; (1) International Plumbing Code; and (5) International Fuel Gas Code; Projects proposed under the provisions of this paragraph must be designed and constructed in their entirety in accordance ')lith the international codes (I codes) noted above. Provisions from the I codes may not be co mingled 'Nith the provisions of the uniform codes. In the event of a conflict bet,,;veen the I codes and Washington State amendments, and the city of Federal Way amendments to the uniform codes, the Washington State or Federal Way amendments shall prevail. Final determination that a conflict exists and/or, in the event of a conflict, that the state or city of Federal '.Vay amendments to the uniform codes apply shall be made by the building official. Section 6. Chapter 5, Article III, Section 5-67 ofthe Federal Way City Code is amended to read as follows: 5-67 Amendments The following amendments to the Code adopted in FWCC 5-67 are hereby adopted: (I) Section~ 101.2.1 114.1 and R114.1 are amended and supplemented in their entirety to read as follows: . Orders to cease activity. Whenever any work is being done contrary to the provisions of this Code, or other pertinent laws or ordinances implemented through the enforcement of this Code, the building official may order the work to cease by issuanèe of an order to cease activity pursuant to the FWCC 1-16. (2) Section~ 101.2.5 113.2 and RI13.2 are amended and supplemented in their entirety to read as follows: Ord. No. 04-465, Page 4 Occupancy violations. Whenever any building or structure or equipment therein regulated by this Code is being used contrary to the provisions of this Code, the building official may, by issuance of an order to cease activity under the FWCC 1-16, order such use discontinued and the structure, or portion thereof, vacated. (3) Section~ 106.3.1 106.1.1 and R1O6.1.1 are amended and supplemented by the addition thereof of a ne'.v section to be known as subsection 106.3.1 (8), of a new second paragraph to read as follows: The applicant must supply A~s much information as required to provide an accurate environmental disclosure. (4) Section 106.4.+ is and Rl 06.4 are amended and supplemented by the addition of a new paragraph sections to be known as 106.4.1 and RI 06.4. I, respectively, to read as follows: Amended Permit. 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~ -l-()..1108 and RI08 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. (5) Section 106.1.1 is amended and supplemented by the addition of a neVi paragraph to read as follows: Land surface modification (grading permits, building permits for R 3 and U 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 'Norle (é~) Section~ 107.1 is 105.3.2 and RI05.3.2 are amended and supplemented in their entirety to read as follows: (d) Expiration of plan revievi. Applications for building permits which have not been approved by the department of community development, public 'Norks department, fire prevention bureau, King County health department, or building division 'Nithin 180 days following the date of application shall expire by limitation and become null and yoid if no permit has been issued. Any time spent in the 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 to the applicant or destroyed by the building official. The building official may extend the I gO 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 beyond the control of the applicant have prevented action from being taken. The reyiew time by other departments Ord. No. 04-465, Page 5 j may not be extended. No application shall be extended more than once. In order to nmew action on an application after expiratioH, 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 'A'ithin I gO days of application date. The building official may extend the I gO day time limitation following the application for a permit by not more than Ig0 days upon request of the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No unissued permit shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resublll it 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. (a) Time limitation of application. Applications for building permits which have not been approved (when appropriate) by the community development services department, building and planning divisions; public works department, development services and traffic divisions; Federal Way fire department, fire prevention division or King County health department within 24 months following the application date shall expire by limitation and become null and void if no permit has been issued. Any days the application is under review for the state environmental policy act (SEP A) shall not be included in the allotted 24 months. One extension may be granted for up to 12 months if that extension period would fall within the same code cycle. Expired applications that are eligble for such extension may be renewed for a period not exceeding that time remaining within the 12 month period. Such expired applications can be renewed for one-half the amount of the original application fee or an amount derermined by the building official, not to exceed one-half the original application fee. All extensions shall be requested in writing. A new, complete permit application and full fees must be submitted to restart the review process on any expired application that cannot be extended. The new application date is the date of the new submittal. (6) Sectionsl05.5 and RI05.5 are amended in their entirety to read as follows: (b) Expiration. Every permit issused by the buiding official under the provisions of this chapter shall expire and become null and void if the work authorized by such permit is not commenced and completed within 24 months. One extension may be granted for up to 12 months if that extension peroid would fall within the same code cycle. Expired permits that are eligble for such extension may be renewed for a period not exceeding that time remaining within the 12 month period. Such expired permits can be renewed for one-half the amount of the original permit fee, or an amount determined by the buildng official, not to exceed one-half the original permit fee. All extensions shall be requested in writing. Ord. No{)4-465 . Page 6 A new, complete permit application and full fees must be submitted to recommence work on any expired permit that cannot be extended. The building official may evaluate the work not completed under the expired permit and issue to the applicant a revised scope of work to be submitted for the new application. (7) Section~ IOg.~ is 110.1 and RI 10.1 are amended and supplemented by the addition of a H0W second paragraph to read as follows: Buildings or other projects authorized by a building permit that do not require a certificate of occupancy in order to be occupied that have not received a final approval shall not be occupied without written approval of the building official. until such permit has written final approval from the building inspector as authorized by the building official. (8) Sections 110.3 and Rl1 0.3 are amended in their entirety to read as follows: Limited Access Aweement. Limited use may be granted for any building not yet issued a Certificate of Occupancy pursuant to sections 110.1 or R 110.1 through a properly executed Limited Access Agreement. Such agreement shall be signed by the legally identified corporate officer or property owner having authority to represent the corporation or property owner in such agreements or contracts, and the City Manager; as negotiated and recommended by the building official or their designee and according to city policy. (& 2) Section~ ~ 1807.4.3 and R405 are ofthe Uniform Building Code is hereby amended and supplemented to read as follows: Drainage. Provisions shall be made for the control and drainage of surface water around buildings. Adequate provisions shall be made to insure that underfloor spaces remain free of running or standing water. As a minimum, such drains shall be installed around the perimeter of the building at the footings. Additional drains may be required in the underfloor space. The drainpipes 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. (9) ,^.ppendix Chapter 3~, Section 3106.2 is deleted in its entirety. (10) Section 1008.1.8.3 exception 2.1 is deleted. Section 7. Chapter 5, Article III, Section 5-68 of the Federal Way City Code is amended to read as follows: Ord. No. 04-465, Page 7 5-68 Uniform International Building and Residential Code~ Section~ l% 112 and Rl12 amended - Board of appeals Section~ -Wá 112 and RI 12 of the Uniform International Building and Residential Code~, as adopted by this chapter, is hereby are amended in their entirety to read as follows: -J-()J.--112.1 General. Appeals of decisions or determinations made by the building official relative to the application and interpretation of this Code, except orders, rulings or decisions pertaining to enforcement of this Code, shall be made to the hearing examiner pursuant to FWCC 5-6. ~lJ 2.2 Limits of authority. The hearing examiner shall have no authority relative to the interpretation of the administrative provisions of this Code nor shall the hearing examiner be empowered to waive requirements of this Code. J()á lJ 2.3 Enforcement. Civil enforcement of the provisions of this Code and the terms and conditions of any permit or approval issued pursuant to this Code shall be governed by Chapter 1 FWCC, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the city including, but not limited to, criminal sanctions as specified herein or in Chapter 1 FWCC, Articles II, III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this Code. Section 8. Chapter 5, Article IV of the Federal Way City Code is amended to read as follows: 5-69 Purpose - General. The purpose of this article to authorize the construction of five-story wood frame buildings as an approved alternate design and construction method under Section 104.2.8 of the 1997 Edition of the Uniform International Building Code, and to set forth the criteria and standards which must be met before a building permit may be issued for a five-story wood frame building. 5-70 Construction. (a) International Building Code requirements. Five-story wood frame buildings must comply with all requirements of the Uniform International Building Code, except as modified or supplemented by this article. In the event of a conflict between the Uniform International Building Code and the provisions of this article, the provisions of this article shall control. References in this article to building construction "types" (e.g., Type I or Type V) shall have the same meaning as set forth in the Uniform International Building Code. (b) Lowest story construction requirements. The lowest story in a five-story wood frame building shall be constructed of Type V-A fire-resistive construction, except that all structural frame and load bearing elements must consist of approved, two-hour fire- resistive construction. (c) Upper four stories. The upper four stories of a five-story wood frame building shall be constructed of at least Type V-A fire-resistive construction. (d) Use of Type V above Type I construction. Where Type V wood frame stories are constructed over Type I construction, the Type V stories shall be separated from the Type I stories as provided in Uniform International Building Code Section 311.2.2.1 (-l-9-9-+ 2003 Edition), as presently constituted or as may be subsequently amended. Ord. No. 04-465, Page 8 5- 71 Occupancy. (a) Occupancy of five-story wood frame buildings shall be allowed as provided in Table ~ 503, Uniform International Building Code, +9-9-+ 2003 Edition as presently constituted or as may be subsequently amended, except that B, M, and R-I occupancies shall be allowed on any floor. (b) Occupancy shall have the same meaning as set forth in the -l-9-9-+ 2003 Edition of the Uniform International Building Code, as presently constituted or as hereinafter amended. 5- 72 Stair enclosures. Where buildings are designed and constructed pursuant to enclosures shall be of two-hour fire-resistive construction with opening protection. this section, all stair one-and-one- hal f- hour 5- 73 Fire detection and protection. (a) Five-story wood frame buildings shall be protected throughout by an automatic fire sprinkler system complying with Uniform International Building Code Standard 9 1 and International Fire Code as detailed in the Standard known as fNFP A 13~, as set forth and contained in the -l-9-9-+ 2003 Uniform International Building and Fire Codes and as amended by the State Building Code. Use of the automatic fire sprinkler system shall be in addition to, not in lieu of, one-hour fire-resistive construction required in FWCC 5-70. Automatic fire sprinklers may not be used to increase the number of stories; no more than five stories of wood frame construction may be permitted. (b) All stair enclosures and elevator shafts shall be pressurized as set forth in Uniform International Building Code Sections 905.3.2 and 905.5.3.3 909, as presently constituted or as may be subsequently amended. In addition, a class I standpipe system as required by Uniform International Building Code Section 9-Q4á 905 and the Standard known as NFPA 14 Uniform Building Code Standard 9 2, as presently constituted or as may be subsequently amended, shall be installed. (c) A standby power-generator set shall be provided on the prem ises in accordance with the -l-9-9-+ 2003 Uniform International Building Code Section 403.~ 403.10 and the +99-9 2002 National Electrical Code, as presently constituted or as may be subsequently amended. The standby system shall have a capacity and rating sufficient to supply all equipment required to be operational at the same time, including but not limited to stair enclosures, an elevator shaft pressurization, and elevators. (d) A monitored n'1anual and automatic fire detection system, subject to the approval of the fire chief, shall be installed throughout the building and provide alarm, trouble and supervisory monitoring of the automatic fire sprinkler system. 5- 74 Height. The maximum height of buildings designed and constructed pursuant to this section shall be 65 feet. The height shall be measured as provided in the -l-9-9-+ 2003 Uniform International Building Code as presently constructed or hereafter amended. Buildings constructed under this article shall also be subject to the requirements of Chapter 8 FWCC pertaining to high-rise buildings, as applicable. Ord. No. 04-465. Page 9 5- 75 Basic allowable floor area. The basic allowable area of floors of five-story wood frame buildings shall be as allowed in Table ~ 503 and Sections 501 through 505, Uniform International Building Code, -l-9-9-7 2003 Edition, as presently constituted or as may be subsequently amended, plus 25 percent. 5- 76 Fire department access. Site design for any five-story wood framed building shall include access sufficient for fire department vehicles, as determined by the fire chief and building official. Fire department vehicle access shall be documented on site and building plans. 5- 77 Construction inspection. The following shall be required for buildings designed and constructed pursuant to this section: (I) Structural observation provided by the engineer of record for structural frame elements; and (2) Special inspections as required in the -l-9-9-7 2003 Uniform International Building Code, as presently constructed or as hereafter amended. 5- 78 Maintenance of fire protection systems. The owners of five-story wood frame structures shall maintain the fire and life-safety systems required by the Uniform International Building Code and the Federal Way City Code in an operable condition at all times. Unless otherwise required by the fire chief, testers approved by the fire department shall conduct yearly testing of such systems. A written record shall be maintained and shall be forwarded to the fire marshal and be available to the inspection authority. Section 9. Chapter 5, Article V, Section 5-102 - 103 ofthe Federal Way City Code is amended as follows: 5 102 Fees. Every applicant for a permit to do work regulated by this Code shall indicate in viriting, 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 mach pertinent information as may be required. Prior to issuance, the applicant shall pay for each permit a fee in accordance 'Nith the fee schedule set by resolution and on file in the city clerk's office, as no'.'" exists or is hereafter amended, deleted, added to or modified. 5-10J 2 - 5-115 Reserved Section 10. Chapter 5, Article V, Section 5-116 of the Federal Way City Code is amended to read as follows: 5-116 Plumbing code adopted. The following codes, all as amended, added to, or excepted in this chapter, together with all amendments and additions provided in this title, are adopted and shall be applicable within the city; (I) The following chapters of the Washington Administrative Code as presently constituted or as may be subsequently amended: Ord. No. 04-465, Page 10 a. Chapter 51-% 56 - State Building Code Adoption and Amendment of the -l--9-9-+ 2003 Edition of the Uniform Plumbing Code; except Section 701.1 which is adopted without state amendment; and b. Chapter 51-4+ 57 - State Building Code Adoption and Amendment of the -l--9-9-+ 2003 Edition of the Uniform Plumbing Code Standards. (2) The 2003 International Plumbing Code as presently constituted or as may be subsequently amended provided that in the event of conflicts with the State Plumbing Code code adoption of the Uniform Plumbing Code, the State code wi]] prevail. Such conflicts will be reviewed and a determination issued by the building official or their designee. Section 11. Chapter 5, Article V, Section 5-117 of the Federal Way City Code is amended to add a new subsection read as follows: (2) Section 103.3.4 is amended in its entirety to read as follows: (a) Time Limitation of application. Applications for plumbing permits which have not been approved (when appropriate) by community development services department, building and planning divisions; public works department, development services and traffic divisions; Federal Way fire department, fire prevention division or King County health department within 24 months following the application date shall expire by limitation and become null and void if no permit has been issued. Any days the application is under review for the state environmental policy act (SEP A) shall not be included in the allotted 24 months. One extension may be granted for up to 12 months if that extension period would fall within the same code cycle. Expired applications that are eligble for such extension may be renewed for a period not exceeding that time remaining within the 12 month period. Such expired applications can be renewed for one-half the amount of the original pennit fee or an amount derermined by the building official, not to exceed one-half the original application fee. All extensions shall be requested in writing. A new, complete permit application and full fees must be submitted to restart the review process on any expired application that caill1ot be extended. The new application date is the date ofthe new submittal. (3) Section 103.4.3 is amended in its entirety to read as follows: (b) Expiration. Every permit issused by the buiding official under the provisions of this chapter shall expire and become null and void if the work authorized by such permit is not commenced and completed within 24 months. One extension may be granted for up to 12 months if that extension peroid would fall within the same code cycle. Expired permits that are eligble for such extension may be renewed for a period not exceeding that time remaining within the 12 month period. Such expired permits can be renewed for one-half the amount of the original application fee or an amount determined by the buildng official, not to exceed one-half the original permit fee. All extensions shall be requested in writing. Ord. No. 04-465, Page 11 A new, complete permit application and full fees must be submitted to recommence work on any expired permit that cannot be extended. The building official may evaluate the work not completed under the expired permit and issue to the applicant a revised scope of work to be submitted for the new application. (4) Section 103.4 is amended in its entirety to read as follows: 103.4 Fees. Fees are to be paid in accordance with the provisions contained in International Building Code sections sections 108.1, 108.2, and 108.4 through 108.6. and the fee schedule set by resolution and on file in the city clerk's office, as now exists or is hereafer amended, deleted, added to, or modified. (5) Section 103.2 is amended and supplemented by the additon of a new subsection 103.2.4 to read as follows: 103.2.4 Amended constrcution documents. Changes made during construction are to comply with the provisions of International Building Code section 106.4 as amended by Federal Way City Code section 5-67(4). Section 12. Chapter 5, Article VI, Section 5-141 of the Federal Way City Code is amended to read as follows: 5-141 Code adopted. The following codes, all as amended, added to, or excepted in this chapter, together . with all amendments and additions provided in this title, are adopted and shall be applicable within the city: (l) The following chapters of the Washington Administrative Code as presently constituted or as may be subsequently amended: a. Chapter 51-4 -~2 - State Building Code Adoption and Amendment of the .J-9.9.1 2003 Edition of the Uniform International Mechanical Code and of the 2003 Edition of the International Fuel Gas Code. Section 13. Chapter 5, Article VI, Section 5-142 of the Federal Way City Code is amended to read as follows: 5-142 Amendments. The following amendments to the mechanical code adopted in FWCC 5-141 are hereby adopted: (1) Section 111.~ is amended and supplemented by the addition of a J1e'N paragraph to read as follows: Mechanical permits shall expire one (l) year from the date of issue. Mechanical permits may be renewed for one half of the original permit feefor the first permit issued for such viork. (1) A new section 106.3.3 is added to read as follows: Ord. No. 04-465, Page 12 106.3.3 Time Limitation of application. Applications for mechanical and fuel gas permits which have not been approved (when appropriate) by community development services department, building and planning divisions; public works department, development services and traffic divisions; Federal Wav fire department, fire prevention division or King County health department within 24 months following the application date shall expire by limitation and become null and void if no permit has been issued. Any days the application is under review for the state environmental policy act (SEP A) shall not be included in the allotted 24 months. One extension may be granted for up to 12 months if that extension period would fall within the same code cycle. Expired applications that are eligble for such extension may be renewed for a period not exceeding that time remaining within the 12 month period. Such expired applications can be renewed for one-half the amount of the original application fee or an amount derermined by the building official, not to exceed one-half the original application fee. All extensions shall be requested in writing. A new, complete permit application and full fees must be submitted to restart the review process on anv expired application that cannot be extended. The new application date is the date of the new submittal. (2) UMC Table No.1 ¡\ is deleted in its entirety and replaced with the currently adopted city of Federal Way Fee Resolution. (2) 106.4.1 is amended and supplemented by the addition of a third paragraph to read as follows: Changes made during construction are to comply with the provIsIons of International Building Code section 106.4 as amended by Federal Way City of Federal Way Code section 5-67 (4). (3) Add Section 303.l.1: 303 .1.~ Suspended unit heaters. Suspended unit heaters shall be supported as required by their listing and ",/ith the bottom of the unit at least seven feet above the floor in areas subject to human impact and in exitways. (3) Section 106.4.3 is amended in its entirety to read as follows: (b) Expiration. Every permit issused by the buiding official under the provisions of this chapter shall expire and become null and void if the work authorized by such permit is not commenced and completed within 24 months. One extension may be granted for up to 12 months if that extension peroid would fall within the same code cycle. Expired permits that are eligble for such extension may be renewed for a period not exceeding that time remaining within the 12 month period. Such expired permits can be renewed for one-half the amount of the original permit fee or an amount determined by the buildng official, not to exceed one-half the original permit fee. All extensions shall be requested in writing. Ord. No.O4-465 ,page 13 A new, complete permit application and full fees must be submitted to recommence work on any expired permit that cannot be extended. The building official may evaluate the work not completed under the expired permit and issue to the applicant a revised scope of work to be submitted for the new application. (4) Section 106.5.2 is amended in its entirety to read as follows: 106.5.2 Fee schedule. Fees are to be paid in accordance with the provisions contained in International Building Code sections sections 108.1, 108.2, and 108.4 through 108.6. and the fee schedule set by resolution and on file in the city clerk's office, as now exists or is hereafer amended, deleted, added to or modified. (4 ~) Section J..()é.d. 301.7 is amended and supplemented by the additon of a new subsection 301 .7.1 to read as follows: M)4..J 301.7.1 Means of Disconnect. An approved, independent means of disconnect for the electrical supply to each of piece of equipment shall be provided adjacent to and within sight of the service side of the equipment served when the supply voltage exceeds 50 volts. Section 14. Chapter 5, Article VII, Section 5-166 of the Federal Way City Code is amended to read as follows: 5-166 Codes Adopted. The following codes, as presently constituted or as may be subsequently amended, are all adopted as amended, added to, or excepted in this chapter, together with all amendments and additions provided in this title, and shall be applicable within the city: (1) Uniform Cod@ for the Abatement of Dangerous Buildings, 1997 Edition, published by the International Conference of Building Officials; and 2003 Edition of the International Exisiting Building Code and; (2) Uniform Code Housing Code, 1997 Edition, published by the Interll3tional Conference of Building Officials and; 2003 Edition of the International Property Maintenance Code, except sections 106, 111,303,307, 308, and 507 are not adopted. (3) Uniform Code for Building Conservation, 1997 Edition, published by the International Conference of Building Officials. Section 15. Chapter 5, Article VII, Section 5-168 of the Federal Way City Code is amended to read as follows: 5-168 Amendments - Uniform Code for the Abatement of Dangerous Buildings. International Property Maintenance Code (a) Section ~ 102.3 is amended to read as follows: Section 202 Abatement of Dangerous Buildings All buildings or portions thereof which are determined after inspection by the building official to be dangerous as defined in this Code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance '.'lith the procedure specified in section 101 of this Code as Ord. No. 04-465, Page 14 amended herein and Chapter 1 FWCC, Article III, Civil Enforcem@nt of Code. In the event of any conflict between the applicable provisions of this Code and Chapter 1 FWCC, ,^.rticle III, the more restrictive provisions shall apply. Section 102.3 Application to other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with procedures and provisions of the International Existing Building Code and Chapter I FWCC, Article III, Civil Enforcement of Code. In the event of a conflict between the applicable provisions of this Code and Chapter 1, FWCC, Article III, the more restrictive shall apply. Nothing in this code shall be construed to cancel, modify, or set aside any provision of the Federal Way City Code. (b) Section 205 is deleted in its ~mtir€ty. Section 103 is amended to read as follows: Section 103.5 is deleted in its entirety. (c) Section ~ 107 is amended and supplemented to read as follows: Section 107.1 Notice to person responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in sections 107.2 and the applicable provisions of the Federal Way City Code Chapter 1, Article III, Civil Enforcement of Code. Section 101.2 Notice and Order. The building official shall issue a notice and order pursuant to Section 107.2 Form. Such notice prescribed in Section 107.1 shall be in accordance with FWCC 1-17. In addition to the information required by FWCC 1-17, the notice and order shall contain: Delete items 1-6 from section 107.2 and replace with the following: 1. A statement that the building official has found the building to be dangerous with a brief and concise description of the conditions found to render the bui Iding dangerous under the provisions of section J.Q2- 108 of this Code. 2. Statements advising that if any required repair or demolition work (without vacation being also required) is not commenced within the time specified, the building official: (i) Will order the building vacated and posted to prevent further occupancy until the work is completed; and (ii) May proceed to cause to be done and charge the costs thereof against the property or its owner. Delete subsection 107.3- I 07.4 (d) Sections 101.1 and 101.5 are deleted in their entirety. Cd) Section 108.1 is amended to read as follows: Ord. No. 04-465, Page 15 108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be closed pursuant to the provisions of this code. (e) Section iJ 03 is amended as follovis: Section 403 Repair, Vacation and Demolition. The follo'.cving standards shall be follovied by the building official (and by the hearing examiner if an appeal is taken) in ordering the repair, vacation or demolition of any dangerous building or structure: 1. Any building declared a dangerous building under this Code shall be made to comply with one of the folloviing: 1.1 The building shall be repaired in accordance with the current building code or other current code applicable to the type of substandard conditions requiring FßJ*HF, 1.2 The building shall be demolished at the option of the building owner; or 1.3 If the building does not constitute an immediate danger to the life, limb, property or safety of the public it may be vacated, secured and maintained against entry. 2. If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated. (e) Section 108.2 is amended and supplemented to read as follows: J 08.2 Closinf!, of Vacant Structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post the structure "Do Not Occupy" and order the structure to be closed up so as not to be an attractive nuisance. Upon failure of the owner to close up such premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource. (D Section iJOiJ.l is amended as follows: Section 404.! Posting. Every notice to vacate shall be issued, served and posted as an order to cease activity under F\VCC 1 ] 6, and shall be posted at or upon each exit of the building and shall include the following \'iording: DO NOT ENTER Ord. No. 04-465, Page 16 UNSAFE TO OCCUpy It is a misdemeanor to occupy this building, or to remove or deface this notice. Building Official City of Federal '.Vay (D Section 108.3 is amended and supplemented to read as follows: 108.3 Notice. Whenever the code official has closed a structure or locked out equipment under the provisions of this section, notice shall be posted in a conspicuous place in, on or about the structure or equipment affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with FWCC Chapter 1, Article III. The notice shall be in the form prescribed in section 107.2. Every notice to vacate shall be issued, served and posted as an order to cease activity under FWCC 1-16 (g) Chapters 5 and 6 are deleted in their entirety. (g) Section 108.4 is amended and supplemented to read as follows: 108.4 Placardinf!:. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on or at each entry of the premises a placard indicating that the builidng is not fit for occupancy and other information determined relevant by the building official. 108.4.1 Placard removal. The code official shall remove the placard posted in accordance with the provisions of section 108 whenever the defect or defects upon which such action was based have been elimminated. Any person who defaces or removes the placard without the approval of the code official shall be subject to the penalties provided by this code. (11) Sections 701.1 and 701.2 are deleted in their entirety. (h) Add section 108.6 to read as follows: Section 108.6 Repair, Vacation and Demolition. The following standards shall be followed by the building official (and by the hearing examiner if an appeal is taken) in ordering the repair, vacation or demolition of any dangerous bui Iding or structure: 1. Any building declared a dangerous building under this Code shall be made to comply with one of the following: 1.1 The building shall be repaired in accordance with the current building code or other current code applicable to the type of substandard conditions . . . requlf1ng repaIr; 1.2 The building shall be demolished at the option of the building owner; or Ord. No. 04-465, Page 17 1.3 If the building does not constitute an immediate danger to the life, limb, property or safety of the public it may be vacated, secured and maintained against entry. 2. If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated. (i) Chapters g and 9 are deleted in their entirety. (i) Amend section 202 to read as follows: Delete the definitions of GARBAGE, INOPERABLE MOTOR VEHICLE, AND RUBBISH (i) Section 301.2 is amended to read as follows: 301.2 Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner- occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. (k) Section 302 is amended to read as follows: Delete subsection 302.4 in its entirety. (I) Section 302 is amended to read as follows: Delete subsections 304.2, 304.8, 304.9, 304.14 - 304.18 in their entirety. Section 16. Chapter 5, Article X, Section 5- 320 ofthe Federal Way City Code is amended to read as follows: 5-320 Electrical codes adopted. (a) Adoption by reference. There is hereby adopted and incorporated by reference as set forth in full tThe following codes as nov.' existing or hereafter adopted or amended presently constituted or as may be subsequently amended, wbject to the additions, amendments or deletions set forth in FWCC5 322: are all adopted as amended, added to, or excepted in this chapter, together with all amendments and additions provided in this title, and shall be applicable within the city: (1) The National Electrical Code (NEC), -l--9% 2002 Edition, as published by the National Fire Protection Association; (2) The Uniform Administrative Code Provisions, 1993 Edition, as published by the International Conference of Building Officials except Sections 301.2.1, 301.2.2, 301.2.~, Fee Tables 3 A through 3 H; (J ~) The laws, rules and regulations for installing electrical wiring and equipment set forth in Chapter 19.28 RCW; (41) The following chapters ofthe Washington Administrative Code: a. Chapter 296-43 WAC, Heating Installation; Ord. No. 04-465, Page 18 b. Chapter 296 11 W,^.C, Safety Standards, Electrical Construction Code; (; Q. Chapter 296-45 WAC, Safety Standards, Electrical Workers; à f. Chapter 296-46(ID WAC, Safety Standards, Installing Electrical Wires and Equipment Electrical Safety Standards. Administration, and Installationt~ e. Chapter 296 17 W/\.C, Electrical Wiring and f.pparatus. (b) Purpose. This chapter is enacted as an exercise of police power of the city for the benefit of the public at large. It is not intended to create a special relationship with any individual, or individuals, or to identify and protect any particular class of persons. The purpose of this chapter is to provide minimum standards to safeguard life or limb health property and public welfare, by regulating and controlling building construction and work related thereto. Section 17. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 18. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 19. Effective Date. This ordinance shall be effective five days after its passage, approval and publication as provided by law. PASSED by the City Council of the City of Federal Way this 5th day of October ,20~. ;Jf é(.:£¿ ATTEST: Ord. No.O4-465 , Page 19 ApPROVED AS TO FORM: ~ {Í ~~ CITY TTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 09/14/04 PASSED BY THE CITY COUNCIL: 10/0')/04 PUBLISHED: 10/13/04 EFFECTIVE DATE: 10/18/04 04-465 ORDINANCE No. Ord. NcO4-465 , Page 20