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