LUTC PKT 09-17-2007
r r j
ORIGINAL.!
City of Federal Way
City Council
Land Use/Transportation Committee
September 17, 2007
5:30 p.m.
City Hall
Council Chambers
MEETING AGENDA
1. CALL TO ORDER
2. APPROVAL OF MINUTES: August 6, 2007
3. PUBLIC COMMENT (3 minutes)
4. BUSINESS ITEMS
F. Proposed Ordinance to Add a New Section to Chapter 1, Article III
of the Federal Way City Code (FWCC) to Authorize Code
Enforcement to Issue Civil Infractions for Code Violations
Action 5 minlPerez
Action 10 min/Roberts
Information 15 minlTBD
Action 15 min/Bailey
Action 15 min/Bailey
Action 10 min/Buck
A. Metro Transit Service Partnership
B. Pacific Highway South HOV Lanes Phase IV Project (18th Ave Sto
S 3l2th St); 30% Design Status Report
C. Code Compliance Report
D. Adoption of 2006 International Building Codes: Chapter 5
E. Unfit Structures Code Amendment
5. FUTURE MEETINGS/AGENDA ITEMS
6. ADJOURN
City Staff
Cary M. Roe, P.E., Assistant City Manager/Emergency Manager
Darlene LeMaster, Administrative Assistant II
253-835-2701
Committee Members
Jack Dovey, Chair
Linda Kachmar
Dean McColgan
G:ILUTClLUTC Agendas IInd Summllries 2007\09-17-07 LUTC Agendll.doc
City of Federal Way
City Council
Land Use/Transportation Committee
August 6, 2007
5:30 pm
City Hall
City Council Chambers
MEETING MINUTES
In attendance: Committee Member Linda Kochmar and Committee Member Dean McColgan; Assistant City
Manager/Chief Operations Officer/Emergency Manager Cary Roe, Deputy Public Wodes Director Ken Miller,
Community Development Services Director Kathy McClung, City Manager Neal Beets, City Attomey Patricia
Richardson, Assistant City Attorney Monica Buck, Street Systems Manager/Acting Deputy Public Works Director
Marwan Salloum, Traffic Engineer Rick Perez, Associate Planner Andy Bergsagel, Code Compliance Office Greg
Vause, Code Compliance Officer Cynthia Keirsey Building Official Lee Bailey and Administrative Assistant II
Darlene LeMaster.
1. CALL TO ORDER
Committee Member Kochmar called the meeting to order at 5:32 p.m Committee Chair Dovey was excused.
2. APPROVAL OF MINUTES
The July 2,2007, LUTC meeting minutes were approved.
Moved: McColgan Seconded: Kochmar
Passed: Unanimously
3. PUBLIC COMMENT
There was no public comment.
4. BUSINESS ITEMS
A. S 333rd Street at 1 st Way South Traffic Signal- Final Acceptance and Retainage Release
Ken Miller provided the background information on this item. There was no discussion.
B. CTR Agreement with WSDOT
Rick Perez provided the background information on this item. There was no discussion.
C. CTR Agreement with King County
Rick Perez provided the background information on this item. There was no discussion.
D. FlexPass Contract Renewal
Rick Perez provided the background information on this item. There was no discussion.
Committee PASSED Option 1 for items A, B, C and D on to the September 4, 2007, City Council Consent
Agenda for approval.
E. Lakehaven Estates Preliminarv Plat
Andy Bergsagel provided the background information on this item Committee Member Kochmar inquired
of the concern over Lot #11 and the concern over the larger roots of trees, especially to Lot 11. Mr.
Bergsagel answered that staff has put a condition on Lot #11 in that the applicant must show a revised
G:\LUTOLUTC Agendas and Sununaries 2007\08-06-07 LUTC Minutes.doc
Land UsefTransportation Committee
Page 2
July 2, 2007
landscape plan prior to the grading permit and that a report from the state arborist will be required prior to
the approval of any permit. Committee Member McColgan wanted to note that he feels this is important
enough that the arborist report should be generated prior to the September 4, 2007 City Council meeting.
Paul Sear, Sr. Planner for Barghausen agreed it may be difficult to get an arborist report prior to the
Council meeting on the 4th, but the report would be a requirement before any permit would be approved.
Mr. Sear will try to expedite inspection by the arborist, in order to address issues not only prior to any
grading permit, but ideally prior to the September 4, 2007 City Council Meeting.
Moved: McColgan Seconded:Kochmar Passed: Unanimously
Committee PASSED Option 1 on to the September 4, 2007, City Council Consent Agenda for
approval.
F. Countdown Pedestrian Signals
Rick Perez provided the background information on this item. Committee Member McColgan inquired on
statistics on the countdown pedestrian signals and if these statistics found the countdown device to be
beneficial. Mr. Perez said there is no evidence to support improved safety. What is happening is that these
countdown signals are proving popular, appear to be encouraging walkability, and pedestrians with
mobility issues have a sense of how much time they have to cross the intersection. Committee Member
McColgan would like to see more than a perceived benefit prior to spending $37,000 a year. Committee
Member Kochmar sees "perception" as a benefit. How does staff plan to get the remaining intersections
converted? Funding? Mr. Perez noted that Option 1 suggests replacing pedestrian signal heads as each one
needs replacement. No funding has been identified at this time. ACM Roe reminded the committee of the
possibility of a mid-bienium 2007/2008 budget adjustment. Staff would also consider reducing the number
of intersections to be converted to countdown pedestrian signals. Committee Member McColgan asked
that if agreed to, could we revisit this topic after one year and reevaluate whether or not continue with the
2nd and 3rd year conversions. ACM Roe agreed to the suggestion, and agreeing to reevaluate this program
prior to the 2009/2010 budget cycle. ACM Roe will follow up with ACM Wang on possible sources in the
2009/2010 budget for the implementation of these signal heads to the remaining intersections.
Moved: McColgan Seconded:Kochmar Passed: Unanimously
Committee PASSED Option 3 on to the September 4, 2007, City Council Consent Agenda for
approval.
G. Flashing Yellow Arrow Traffic Signals: Follow-up
Rick Perez provided the background information on this item. Committee Member McColgan wanted to
confIrm the 47% decrease in collisions statistic and asked if the effectiveness of this signal will continue to
be studied. Mr. Perez said yes, the City is required to inform the FHW A of our intersection locations using
this type of signal. This could be adopted as a state standard, and in the short-term, potential grant funding
is available to agencies in order to gather more data on the flashing yellow arrow traffic signal.
Moved: McColgan Seconded:Kochmar Passed: Unanimously
Committee PASSED Option 2 on to the September 4, 2007, City Council Consent Agenda for
approval. .
H. 2008-2013 Transportation Im?rovement Plan (T.I.P.)
Rick Perez provided the background information on this item. Committee Member McColgan inquired as
to the funds for S 352nd Street. Assistant City Manager Roe explained that the S 352nd funds had been
previously voted on by Council to move to help close the funding deficit on the SR 99 ROV Lanes Phase
III Project. These funds had originated with the 1st Ave S at S 320th St Project, were transferred to S 352nd,
ant then transferred again to SR 99 Ph. III. ACM Roe confIrmed that to date, these funds have not been
replaced in either the S 352nd St project or the 1st Ave IS 320th Project. Also noted, funds recently were
received from the TIP and it is ACM Roe's intention to put approximately $750K back into the S 352nd St.
Project. With this money, he can meet with property owners whose right of way is involved and get their
support for the project. On 1 st Ave and S 320th, the design portion of the project is complete. The project
will be revisited in the future.
G:\LUTOLUTC Agendas and Summaries 2007108-06-07 LUTC Minutes.doc
Land UsefTransportation Committee
Page 3
July 2, 2007
Moved: McColgan Seconded:Kochmar Passed: Unanimously
Committee PASSED Option 1 on to the September 4, 2007, City Council Consent Agenda for
approval.
I. Code Inforcement Issue
ACM Roe, Greg Vause and Kathy McClung provided the background information on this item.
Conversation continued about the particular example used to illustrate the City's current process of code
enforcement. In support of this example as well as many other similar cases within the city, Committee
Member McColgan would like to see more stringent rules that would force a property owner to be
responsible for their property. This presentation will be given at the full Council on Aug. 7. Ms. McClung
stated that this issue is a priority citywide. At present there are 498 open cases of which include the
following: 88 graffiti, 98 garbage/rats, 96 vehicle related (abandoned, inoperable).
Moved: McColgan Seconded: Kochmar Passed: Unanimously
Committee PASSED changing this item from an Action item to an Information item.
ACM Roe commented that Committee Chair Dovey has recommended cancelling the August 20, 2007 LUTC
meeting.
Committee Member McColgan wanted to bring up the issue of dog owners taking responsibility for their dogs. The
City should take a proactive stance on training of dog owners and making sure that domestic pets are licensed.
Committee Member Kochmar has had this topic brought to PRHSPSC. ACM Roe will work with the City
Attorneys office to bring this topic to the appropriate committee, and potentially to the Council level.
5. FUTURE MEETING
The September 3, 2007 LUTC meeting will be rescheduled to September 10,2007.
6. ADJOURN
The meeting adjourned at 6:46 p.rn.
G\LUTOLUTC Agendas and Sununaries 2007\08-06-07 LUTC Minutes.doc
COUNCIL MEETING DATE: September 18,2007
ITEM #:_
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: METRO SERVICE PARTNERSHIPS
POLICY QUESTION: Should the City submit proposals for service partnerships to King County to provide for
improved transit service?
COMMITTEE: Land Use and Transportation Committee
CATEGORY:
o Consent
IZI City Council Business
MEETING DATE: Sept 17,2007
o Ordinance
o Resolution
o
o
Public Hearing
Other
.~!~~.I!_~~g~!...!!Y.:B:i~.~.!'.~F.~~~_g!!Y.I~~_f.!!~~!l:gi.!1.~~~....m
Attachments:
1. Staff report with exhibits to the LUTC dated September 17, 2007.
DEPT: Public Works
Options Considered:
1. Submit for Routes 182/187 using:
a. Extend 30-minute service on both routes for two additional hours in the morning and two additional
hours in the evening on weekdays, at an estimated annual cost to the City of $63,000.
b. Extend 30-minute service on weekdays during the midday, at an estimated annual cost to the City of
$137,000.
c. Extend 30-minute service on weekdays during the midday only on Route 187, at an estimated annual
cost to the City of $73,000.
d. On Route 187 only on Saturdays and Sundays, increase frequency to 30 minutes until 7:00 p.m, and
extend hours of operation to 11 :00 p.m. with a 60-minute frequency, at an estimated annual cost to the
City of $37,000 for Saturdays, and $47,000 for Sundays.
2. Submit for the City Center / CTR Shuttle, at an estimated annual cost of $200,000.
3. Submit for the new Dash Point Road route.
4. Submit for the Transit Speed and Reliability Partnership using HOV lanes and Transit Signal Priority.
...._....H.....__....._.........._....~___..._.....__.._._.._...........--..........-.-...........---....-.-.......----....--..--.......--.---......---.......-...-.........
STAFF RECOMMENDATION: Staff recommends Options lc, ld, and 4, with Options lc and Id contingent on a
successful application for Option 4.
CITY MANAGER ApPROVAL:
DIRECTOR ApPROVAL:
~1-
Council
Corrunittee
Council
COMMITTEE RECOMMENDATION: Forward the above staff recommendation to the September 18,2007
City Council Business Agenda.
Jack Dovey, Chair
Linda Kochmar, Member
Dean McColgan, Member
PROPOSED COUNCIL MOTION: HI move approval of the staff recommendation to submit proposals for
Options 1 c, 1 d, and 4, with Options 1 c and 1 d contingent on a successful application for Option 4. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
September 17th, 2007
Land Use and Transportation Committee
Neal Beets, City Manage~
Rick Perez, City Traffic ~~r ~
Metro Service Partnerships
BACKGROUND:
On July 2nd, 2007, the Land Use and Transportation Committee, by delegation from the City Council,
authorized staff to submit letters of interest to King County for service partnerships to improve transit
service in Federal Way. These consisted of three financial partnerships for improved service on existing
Routes 182 and 187, a new City Center/CTR shuttle, a new route providing service on Dash Point Road,
and a transit speed and reliability partnership to improve travel time on the RapidRide corridor on SR 99.
Staff has worked with King County staff to further determine the feasibility of these proposals in
comparison to their scoring criteria and refine cost assurnptions. Each of these is described below:
A. Routes 182/187
These were proposed as a joint proposal because the same buses run both routes, thus reducing costs to do
both on the same schedule. In addition, it was hoped that Pierce Transit would financially support
additional service on Route 182, since it serves part of Northeast Tacoma. Pierce Transit has now stated
that they do not have the financial capacity to support improvements on Route 182 at this time. Both
routes currently provide 30 minute service from 5:00 a.m. to 7:30 a.m. and from 3:30 p.rn. to 7:30 p.m.,
and 60 minute service between those peaks, on Saturdays from 7:00 a.m. to 8:00 p.m., and on Sundays
from 8:00 a.rn. to 7:00 p.m. Route 187 also runs with 60 minute service on weekdays from 7:30 p.m. to
12:00 midnight, until 10:00 p.m. on Saturdays, and until 8:00 p.m. on Sundays.
King County staff has developed four options, the first three of which are mutually exclusive:
1. Extend 30-minute service on both routes for two additional hours in the morning and two
additional hours in the evening on weekdays, at an estimated annual cost to the City of $63,000.
2. Extend 30-minute service on weekdays during the midday, at an estimated annual cost to the City
of$137,000.
3. Extend 30-minute service on weekdays during the midday only on Route 187, at an estimated
annual cost to the City of $73,000.
4. Extend hours of operation only on Route 187 on Saturdays and Sundays from 5:00 a.m. to 11:00
p.m., and increase service to 30 minutes until 7:00 p.m. Estimated annual cost to the City is
$37,000 for Saturdays and $47,000 for Sundays.
Metro staff was supportive of this application. Route 187 is one of the higher ridership "local" routes in
South King County.
July 18, 2005
Land Use and Transportation Committee
South 320th Street at 1 st Avenue South Intersection Improvements Project - 30% Design Status Report
Page 2
B. City Center 1 CTR Shuttle
This route was proposed as a blend of the long-proposed City Center Shuttle and a goal of improving
transit access to CTR (Commute Trip Reduction Act)-affected worksites. Staff had proposed 30 minute
service during morning, midday and evening peaks, with 60 minute service between peaks. Metro staff
responded that the mid-day peak has been a very small draw in most suburban markets because it
essentially requires employees to take a two-hour lunch break to be used. As a new route, the minimum
City contribution would be $200,000 annually, even if the midday service was eliminated.
Metro staff was not confident that this route would be successful. Also, staff has not been successful to
date in garnering additional financial support from CTR worksites.
C. Dash Point Road
This route was proposed by City Council to address the desire to provide service to areas of the City that
have no service at this time, including Dumas Bay Center. However, one of the criteria for prioritizing
proposals included service improvements to, from, or between designated Urban Centers. This route does
not do this without entailing a lot of overlap with existing routes. Metro staff believes that this route
would not attract enough riders to be viable; therefore staff has not developed the concept further.
D. Transit Soeed and Reliabilitv
This proposal entails using improvements to reduce travel times on the RapidRide route being developed
for the SR 99 corridor between Federal Way Transit Center and SeaTac. If a 10% travel time reduction
can be demonstrated for the entire corridor, the City would receive 5,000 annual service hours, equivalent
to roughly $167,000 of financial partnership funds. This could be achieved by the improvements in
providing HOV lanes on the corridor between S 272nd Street and S 3l2th Street and transit signal priority
treatments, which may be implemented by King County anyway. However, we would not be able to
show this improvement until Phase IV of SR 99 is completed in 2011.
Originally, staff proposed to use the 5,000 service hours to provide shadow service on the corridor to
reduce the impact of stop consolidation on the SR 99 corridor. However, the preliminary list of stops
proposed for consolidation suggests a far less onerous impact than originally anticipated by staff, so it
may make more sense to use these service hours to supplement other financial partnerships. Also,
financial partnerships take precedence in prioritization of service hours; if the proposals for financial
partnerships exceed available service hours, there may be no funds left for the transit speed and reliability
partnerships.
Summary
The financial partnerships require that the City comrnit to a minimum of five years of paying for one-third
the cost of providing the service. The estimates provided are based on the City's one-third share of the
cost. Submittal of a proposal does not obligate the City to sign the agreement. Staff proposes that
funding be considered in the 2009-2010 budget, if necessary.
cc: Project File
Day File
Kent
\ City of
Federal Way
\ Bus Route
182
\--{){):;hl
Legend:
~ Route 182
. . --... . potential Future Route Extension
A Park & Ride Locations
c:::J Federal Way City Limits
Federal Way City Center
^ \ Scale:
W 0 0.5 1
N [ ] Miles
MOP Re1ormatled: June. 2007. so....,e: Cilyof Feder8lWay.King County
Ncte: ThiS map is intended for use as a graphical representation 01iV.
The City ct Federal Wct-j makes no wa:r~ as to itS accuracy.
A Federal Way
Kent
\Ctty of
Federa\ Way
\BUS Route
187
Legend:
~ Route 187
.. Park & Ride Locations
c:::J Federal Way City limits
Federal Way City Center
^ \ Scale:
W 0 0.5 1
N [ ] Miles
Map Relorm8\\ed: J...., 2007. source: City of Feder81 Wav, King County
Ed
Ncte: This map is intended for use as a graphical representation only.
The City rI Federal way makeS no warranty as to its accuracy.
A Federal Way
Kent
;t,~'{)llth 1
City of
Federal Way
City Center
CTR Shuttle
Legend:
. City Center CTR Shuttle Stops
. Park & Ride Locations
"-' City Center CTR Shuttle
o Federal Way City Limits
Federal Way City Center
~
N
Scale:
o 0.5 1
r ] Miles
Mop Re1ormalled: June, 2007. SOUlCe: City of Federal Wf!ff, King County
A Federal Way
Note: This map is intended for use as a gaphlcal representation only.
The City r1 Federal way maKes no warranty as to Its accuracy.
\ C\t'J 01
\ federal \fIJa,/
~proPOSed Rap\d
R\de Route
\ E;<iSting Route 174
Legend:
~ proposed Rapid Ride Route
.. par\<. & Ride Locations
c:::J Fedelal way CXl!I urni\S
federal \fJay Ci'rf center
I\~sca\e '.
f....1 0 o.s ~
M\\es
'" ~,._,~"'_._,'..~...
~ federa\'Na'J
... "" .'" " ...",,,,,,. ... '" , .""'" "",,_ o<ti.
"" ct'I" ,,,,,,," "''' """" ,,,- " ",,, """,",
Checklist for Transit Now direct financial partnership
Requirements and priority criteria
Partner(s):
Proposal location and routes:
Proposed implementation date:
Applicant: Please complete both pages of this checklist and include with your proposal.
Requirements
If proposal is to add hours to existing route(s), partner will contribute at least
$100,000 per year for a minimum of five years (in 2007 dollars).
If proposal is to add a new route or routes, partner will contribute at least $200,000
per year for a minimum of five years (in 2007 dollars).
Proposed service will be managed by King County Metro Transit and available to
the general public.
Proposed service will operate primarily on local streets and arterials, not primarily
on state or interstate highways.
Proposed new partnership hours fit within the calendar year limit of half of total
new service hours funded by Transit Now.
checklisl_ direct. doc
Page 1 of2
Priority criteria for eligible direct financial partnerships
The partnership service will improve access to, from, or between designated Urban
and Manufacturing Centers as defined in Countywide Planning Policies LU-40 and
LU-52.
The partnership service will improve service on the network of core service
connections as defined in the Six-Year Plan, Service Strategy S-3.
The partnership service by a public agency will improve access and circulation
within designated Urban and Manufacturing Centers as defined in Countywide
Planning Policies LU-40 and LU-52 or will provide service consistent with Six
Year Plan Service Strategy S-13.
. .
The partnership service will improve other services that support the goals and
objectives of the Six Year Plan.
The partner(s) will commit to continue the partnership for more than five years.
The partner(s) will agree to fund more than the minimum one-third share of the
fully-allocated service cost.
The partner(s) will commit to implementation of additional actions that are likely to
increase ridership on the new services, such as:
_ Conducting promotional activities;
_ Providing incentives to employees and riders;
_ Establishing limits on parking supply or price for SOY parking within
the area served by the new service;
_ Taking other policy actions that support the new service;
_ Taking other actions that are likely to increase ridership on the new
service.
Projected ridership gain in annual hoardings over the term of the agreement:
Total: Annually by year 5:
checldist_ directdoc
Page 2 of 2
TRANSIT SERVICE DIRECT FINANCIAL PARTNERSHIP AGREEMENT
BY AND BETWEEN
KING COUNTY
AND
XXX (SERVICE PARTNERS)
THIS TRANSIT SERVICE DIRECT FINANCIAL PARTNERSHIP AGREEMENT (the
"Agreement") is made by and between King County, a political subdivision of the State of Washington and home
rule charter county with broad powers to provide public transportation within the County's geographic boundaries,
by and through the King County Department of Transportation, Metro Transit Division (the "County" or "Metro
Transit") and (insert name and organizational form of contracting entity: e.g.. XXX, a Washington municipal
corporation ("the City" and/or "Service Partner") or, e.g., ABC Corporation. a Washington corporation ("ABC
Corp. " and/or "Service Partner ")], both of which entities may be referred to hereinafter individually as "Party" or
collectively as "Parties."
WHEREAs., in September, 2006 the King County Council adopted Ordinance 15582, the Transit Now
Ordinance, directing the submission of a proposition to King County voters to fix and impose an additional
sales and use tax of one-tenth of one percent to fund expansion of the King County Metro public
transportation system and a variety of transit service improvements; and
WHEREAS, the Transit Now ordinance identified a number of transit service measures to be implemented
using the one-tenth of one percent sales and use tax collected through Transit Now that focus on capital,
operating, and mamtenance improvements that are expected to expand and improve bus service on local
streets and arterials within King County; and
WHEREAS, mutually beneficial contractual arrangements with other public and private entities ("service
partnerships") that leverage public and private funds to provide both new and better bus service to cities
and major employers is one of four key strategies (the "Service Partnerships Program") identified in the
Transit Now proposition approved by King County voters in the general election on November 7,2006;
and
WHEREAS, the Service Partnerships Program is also designed and intended to support the service
development objectives and fmancial strategies of the 2002-2007 Six-Year Transit Development Plan (or
its successor plans);
WHEREAS, Service Partner has submitted an application for a direct financial partnership for transit
service and has met the criteria established by the County for awarding such partnerships; and
WHEREAS, the proposal submitted by Service Partner has been deemed to show a potential gain in
ridership; and
WHEREAS, the proposal submitted by Service Partner has been approved by the King County Council,
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND
AGREEMENTS SET FORTH HEREIN, AND FOR OTHER GOOD AND VALUABLE
CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY
ACKNOWLEDGED BY BOTH PARTIES, THE PARTIES HEREBY AGREE AS FOLLOWS:
1. PURPOSE OF AGREEMENT
DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT
BETWEEN KING COUNTY AND {insert name of Service Parlnerj
Page I of8
The purpose of this Agreement is to enter into a mutually beneficial contractual relationship for enhanced
transit services consistent with the goals and directives of the Transit Now ordinance and initiative as
authorized by King County Council Ordinance 15582 (approved in September, 2006) and passed by the
voters of King County as Transit Now in the general election on November 7, 2006 to leverage sustainable
local resources for transit service and to increase transit ridership.
This Agreement establishes the responsibilities of both Parties in relation to the transit service partnership,
including methods for monitoring, improving and terminating the partnership.
2. COUNTY'S RESPONSIBILITIES
2.1 The County will provide transit service enhancements in accordance with the service specifications set
forth in Attachment A, which is incorporated herein and made a part of this Agreement by this reference,
pursuant to which the County and Service Partner will share the fully-allocated cost of the increased
service hours at a rate of two-thirds from County funds to one-third from Partner funds, (actual
contribution specified in Attachment A). Fully-allocated costs include the cost of fuel, maintenance, driver
wages, service supervision, infrastructure maintenance, revenue collection, scheduling, rider information,
data analysis, and administrative and management costs. The County's cost allocation model will be used
to determine the Service Partner's contribution. The County will operate the service in accordance with its
regular procedures and as may be further specified in this Agreement. The Parties understand and agree
that, notwithstanding Service Partner's fmancial contribution, the transit service referenced herein will be
open to the general public.
. ,
2.2
The County will include the new transit service enhancements provided for under this Agreement in its
annual route performance monitoring. Enhanced transit service provided for via Service Partnerships will
be expected to perform at or above the subarea average for its particular type of service in at least three of
the four standard indicators monitored in Metro's annual Route Performance Report:
a) Rides per revenue hour;
b) The ratio of fare revenue to operating expense;
c) Passenger miles per revenue hour; and
d) Passenger miles divided by platform miles.
2.3 More specific benchmarks applicable to the enhanced transit service provided for herein are set forth in
Attachment A. Three (1) years after implementation of the enhanced transit service provided for herein
and annually thereafter, the County will make a determination as to the productivity and viability of the
service. The County will notify Service Partner of its assessment of the service's productivity,
performance, and ongoing viability. If the County deems that changes can be made to improve the service,
the County and Service Partner will discuss possible modifications and may agree on any decisions to
modify the service enhancements provided for herein, provided, however, that any such modifications shall
be consistent with the requirements set forth in KCC 28.94.020(B)(2). After consultation with Service
Partner, if the County determines that the enhanced service provided for herein is not viable based upon
performance, and proposed changes are insufficient to boost productivity beyond a minimum threshold as
may be established and the Parties cannot agree on a substitute investment on a different route or a
different corridor, the County will notify Service Partner of its intention to terminate the Agreement.
3. SERVICE PARTNER'S RESPONSIBILITIES
3.1 Service Partner will contribute, via billings twice per year, as specified in Section 5.1 of this Agreement, at
least one-third of the fully allocated cost of the enhanced service described in Attachment A, in an amount
not less than US$lOO,OOO per year for five (5) years to add to existing transit service or a minimum of
US$200,000 per year for five (5) years to implement new transit service. The amount of Service Partner's
DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT
BETWEEN KING COUNTY AND [insert name afService Partner]
Page 20f8
actual yearly contributions, over and above the minimum yearly contributions specified in this Section 3.1,
are to be determined by application of the cost allocation calculatiOlt specified in Attachment A.
4. TERM OF AGREEMENT AND APPROVAL BY KING COUNTY COUNCIL
4.1 The term of this Agreement is for five (5) years which shall commence on _' 2007 and expire at the end
of that initial five year term in _,2012 unless extended or earlier terminated pursuant to the tenus of
this Agreement Ifafter five (5) years the enhanced transit service is deemed viable by the County
pursuant to the performance indicators set forth in Section 2.2 of this Agreement and the additional
performance benchmarks specified in Attachment A, and Service Partner desires to have Metro Transit
continue to provide the enhanced transit service beyond the initial five year period, this Agreement may be
extended by the Transit General Manager for an additional five years without additional approval by the
King County Council.
4.2 This Agreement is subject to review and approval by the King County Council.
5. INVOICES/P A YMENT PROCEDURES
5.1 The County will invoice Service Partner twice each year for its contribution, as specified in Section 3.1 of
this Agreement, to the transit service provided for herein. Service Partner will receive two (2) billings each
calendar year for the actual costs incurred by the County to operate the service.
5.2 An estimate of the total service costs based on scheduled service hours is shown in Attachment A. This
estimate will be adjusted in January each year, based on the per mile and per hour rates for that year. This
adjustment will be provided to the Service Partner.
5.3 Service Partner shall make payment within forty-five (45) days after receipt of an invoice. Should Service
Partner fail to pay the County the amount due within forty-five (45) days of receipt of a billing invoice
from the County, a late payment assessment shall be applied to any outstanding balance due for that
invoice. The late payment assessment shall be fixed at a rate not to exceed that allowable under
Washington state law.
6. INDEMNIFICATION AND LEGAL RELATIONS
6.1 It is understood and agreed that this Agreement is solely for the benefit of the Parties hereto and gives no right
to any other person or entity. No joint venture or partnership is formed as a result of this Agreement. No
employees or agents of one Party or its contractors or subcontractors shall be deemed, or represent themselves to
be, employees, agents, contractors or subcontractors of the other Party.
6.2 Each Party shall comply, and shall ensure that its contractors and subcontractors, if any, comply with aU federal,
state and local laws, regulatlons, and ordinances applicable to the work and services to be performed under this
Agreement.
6.3 Each Party shall protect, defend, indemnify and save hannless the other Party, its elected officials, officers,
officials, employees and agents while acting within the scope of their employment as such, from any and all
costs, claims, judgments, and/or awards of damages, arising out of or in any way resulting from each Party's
own negligent acts or omissions. Each Party agrees that it is fully responsible for the acts and omissions of its
own subcontractors, their employees and agents, acting within the scope of their employment as such, as it is for
the acts and omissions of its own employees and agents. Each Party agrees that its obligations under this
provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees
or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's
immunity under Washington's Industrial Insurance act, RCW Title 51, as respects the other Party only, and only
to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by
DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT
BETWEEN KING COUNTY AND [insert name of Service Partner]
Page 3 of8
the indemnitor's employees. The Parties acknowledge that these provisions were specifically negotiated and
agreed upon by them.
6.4 Each Party's rights and remedies in this Agreement are in addition to any other rights and remedies provided by
law.
6.5 This Agreement shall be interpreted in accordance with the laws of the State of Washington. The Superior
Court of King County, Washington., located in Seattle, Washington, shall have exclusive jurisdiction and venue
over any legal action arising under this Agreement.
6.6 The provisions of this section shall survive any termination of this Agreement.
7. CHANGES AND MOOlFICA TIONS
This Agreement may be amended or modified only by prior written agreement signed by the Parties hereto.
8. TERMINATION OF AGREEMENT
8.1 Either Party may terminate this Agreement, in whole or in part, in writing if the other Party substantially
fails to fulfill any or all of its obligations under this Agreement through no fault of the other; provided,
however, that, insofar as practicable, the Party terminating the Agreement will give written notice of its
intent to terminate not less than 135 calendar days prior to the County's February, June or September
service change, delivered by certified mail, return receipt requested.
8.2 In addition to termination under Paragraph 8.1 of this Section, the County may terminate this Agreement
pursuant to the provisions of Section 2.3 of this Agreement, in whole or in part, provided, that Service
Partner will be given written notice of the County's intent to terminate not less than 135 calendar days prior
to the County's February, June or September service change, delivered by certified mail, return receipt
requested.
8.3 If either Party terminates, Service Partner will pay the County a pro-rated amount for services performed in
accordance with the Agreement to the date of termination.
9. FORCE MAJEURE
Either Party shall be excused from performing its obligations under this Agreement during the time and to
the extent that it is prevented from performing by a cause beyond its control, including, but not limited to:
any incidence of fire, flood, earthquake or acts of nature; strikes or labor actions; conunandeering material,
products, or facilities by the federal, state or local government; and/or national fuel shortage, when
satisfactory evidence of such cause is presented to the other Party, and provided further that such non-
performance is beyond the control and is not due to the fault or negligence of the Party not performing. In
no event, however, shall this provision eliminate the obligation to make payment to the County for work
performed in accordance with this Agreement.
10. WAIVER OF DEF AUL T
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of
any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and
shall not be construed to be a modification of the terms of this Agreement unless stated to be such in
writing, signed by authorized Parties and attached to the original Agreement
1 L ASSIGNMENT
DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT
BETWEEN KING COUNTY AND [insert name afService Partner]
Page 40f8
This Agreement shall be binding upon the Parties, their successors, and assigns; provided, however, that
neither Party shall assign or transfer in any manner any interest, obligation or benefit of this Agreement
without the other's prior written consent.
12. NO THIRD PARTY BENEFICIARIES
Nothing in this Agreement, express or implied, is intended to confer on any person or entity other than the
Parties hereto and their respective successors and assigns any rights or remedies under or by virtue of this
Agreement.
13. MUTUAL NEGOTIATION AND CONSTRUCTION
This Agreement and each of the tenus and provisions hereof shall be deemed to have been explicitly
negotiated between, and mutually drafted by, the Parties, and the language in all parts of this Agreement
shall, in all cases, be construed according to its fair meaning and not strictly for or against either Party.
14. ALL TERMS AND CONDITIONS
This Agreement merges and supersedes all prior negotiations, representations and agreements between the
Parties related to the subject matter hereof and constitutes the entire agreement between ~e Parties. This
Agreement may be amended only by written agreement of both Parties.
This Agreement contains all the tenus and conditions agreed upon by the Parties. No other understandings,
oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of
the Parties hereto.
15. CONT ACT PERSONS
The County and Service Partner shall designate a contact person for purposes of sending inquiries and
notices regarding the execution and fulfillment of this Agreement.
Service Partner
Contact Name
Title
Address
Telephone
Fax
E-Mail
KiD~ County
Contact Name
Title
Address
Telephone
DIRECT FINANCIAL SER VICE PARTNERSHIP AGREEMENT
BETWEEN KING COUNTY AND [insert name o/Service Partner]
Page 5 0/8
I Fax
E-MaIl
eN WITNESS WHEREOF:
The Parties hereto have executed this Agreement on the _ day of
PARTNER
By
Title
KING COUNTY
By
Title
DfRECT FlNANCfAL SERVfCE PARTNERSHfP AGREEMENT
BETWEEN KING COUNTY AND [insert name of Service Partner]
Page 60f8
,2007.
ATTACHMENT A
Direct Financial Partnership Scope of Work
A. Minimum Actions
1. . Minimum Actions to be Undertaken by Service Partner
Service Partner agrees to contribute $xx per year for five (5) (or more) years for new (or
additional) service on Route xxx as defined in Service Description of this Attachment A.
The actual annual cost Service Partner agrees to pay on an annual basis shall be
determined in accordance with Section 5.2 of this Agreement.
2. Minimum Actions to be Undertaken by County
,The County will advertise the new service via its normal marketing channels, including
timetables in customer service kiosks throughout King County, Metro Transit's web site
and information signs at bus stops.
B. Supporting Actions
I. Service Partner agrees to implement additional actions that are likely to increase
ridership on the new service, including any or all of the following:
· Conduct promotional activities
· Provide incentives to employees and riders;
· Establish limits on parking price or supply for SOV parking within the area
served by lhe new service;
· Take other policy actions that support the new service;
· Take other actions that are likely to increase ridership on the new service.
[list/describe the supporting actions the Service Partner has agreed to undertake]
2. The County agrees to undertake the following supporting actions:
{list/describe the supporting actions the County has agreed to undertake]
C. Service Description
{list/describe the enhanced service that will be provided under this Agreement]
D. Service Costs
DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT
BETWEEN KING COUNTY AND (insert name afService Partner)
Page 70f8
(Based on spreadsheet attached hereto as Exhibit I entitled "Preliminary Cost
Estimate," which is incorporated into and made a part of this Agreement by this
reference. )
{Exhibit 1 will be developed for each Agreement consistent with Section C above}
Total annual hours: TBD
Estimated fully-allocated annual cost (County's + Service Partner's cost): TBD
Service Partner's estimated annual share of fully-allocated annual cost: TBD
E.
Benchmarks for Evaluating Route Performance
. .
Metro Transit has a consistent, formal route performance evaluation process to
identify individual routes that may require modification, expansion or
termination. Routes are grouped by subarea and time period for similarity in
operating conditions. Each partnership route will be compared by time period to
other rot,ltes in its subarea to ascertain performance level. Data for a particular
year is tyPically available by the middle ofthe following year. The comparison
will be made at the time the data is available.
A group of routes will have both "strong" and "below minimum" performance
routes, as defined by thresholds based on the average performance of the group.
Routes at the extremes of performance are considered for changes. Routes with
"strong performance" are considered for expansion; "below minimum
performance" routes are evaluated for changes to improve performance, or for
discontinuation if performance does not improve after changes are tried.
The benchmarks for the service additions applicable to this Agreement are as follows:
{list/describe the benchmarks}
DIRECT FINANCIAL SERVICE PARTNERSHIP AGREEMENT
BETWEEN KING COUNTY AND [insert name o/Service Partner)
Page 8 0/8
TRANSIT SERVICE SPEED AND RELIABILITY PARTNERSHIP AGREEMENT
BY AND BETWEEN
KING COUNTY
AND
XXX (SERVICE PARTNER)
THIS TRANSIT SERVICE SPEED AND RELIABILITY PARTNERSHIP AGREEMENT (the
"Agreement") is made by and between King County, a political subdivision of the State of Washington and home
rule charter county with broad powers to provide public transportation within the County's geographic boundaries,
by and through the King County Department of Transportation, Metro Transit Division, (the "County" or "Metro
Transit") and (insert name and description of contracting entity; e.g., the City of xxx. a Washington municipal
corporation (the "City" and/or "Service Partner") j, both of which entities may be referred to hereinafter individually
as "Party" or collectively as the "Parties."
WHEREAS, in ~ptember, 2006 the King County Council adopted Ordinance 15582, the Transit Now
Ordinance, directing the submission of a proposition to King County voters to fIX and impose an additional
sales and use tax of one-tenth of one percent to fund expansion of the King County Metro public
transportation system and a variety of transit service improvements; and
WHEREAS, the Transit Now ordinance identified a number of transit service measures to be implemented
using the one-tenth of one percent sales and use tax collected through Transit Now that focus on capital,
operating, and maintenance improvements that are expected to expand and improve bus service on local
streets and arterials within King County; and
WHEREAS, mutually beneficial contractual arrangements with other public and private entities ("Service
Partnerships") that leverage public and private funds to provide both new and better bus service to cities
and major employers is one of four key strategies (the "Service Partnership Program") identified in the
Transit Now proposition approved by King County voters in the general election on November 7, 2006;
and
WHEREAS, the Service Partnerships Program is also designed and intended to support the service
development objectives and fmancial strategies of the 2002-2007 Six.- Year Transit Development Plan (or
its successor plans); and
WHEREAS, Service Partner has submitted an application for a Speed and Reliability partnership and has
met the criteria established by the County for awarding such partnerships; and
WHEREAS, the proposal submitted by Service Partner has been projected to meet or exceed the required
performance requirements; and
WHEREAS, the proposal submitted by Service Partner has been approved by the King County Council,
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES, COVENANTS AND
AGREEMENTS SET FORTH HEREIN, AND FOR OTHER GOOD AND VALUABLE CONSIDERA nON,
THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED BY BOTH
PARTIES, THE PARTIES AGREE AS FOLLOWS~
1. PURPOSE OF AGREEMENT
The purpose of this Agreement is to enter into a mutually beneficial contractual relationship for enhanced
and improved transit services consistent with the goals and directives of the Transit Now ordinance and
initiative as authorized by King County Council Ordinance 15582 (approved in September, 2006) and
passed by the voters of King County as Transit Now in the general election on November 7, 2006. The
Speed & Reliability Service Partnership Agreement
Between King COl/llty and [insert name of Service PartnerJ
Page I of8
primary goal of Transit Speed and Reliability Partnerships, including this Agreement, is to encourage local
jurisdictions to develop, implement and sustain traffic improvements that improve transit speeds by at least
ten percent (10%) for routes operating on arterial core service connections, as identified in Metro Transit's
2002-2007 Six-Year Transit Development Plan. In exchange for implementing improvements that are
projected to achieve a 10% or greater improvement in transit speed on an eligible core service connection,
the Service Partner and Metro will work together to agree on where 5,000 additional annual service hours
will be dedicated to benefit Service Partner's jurisdiction, either on a core connection or elsewhere.
This Agreement establishes the responsibilities of both Parties in relation to this transit service partnership,
including methods for monitoring, improving and terminating the Service Partnership.
2. COUNTY'S RESPONSIBILITIES
2.1 In exchange for Service Partner's investment in certain transit speed and reliability improvements as
described with particularity in Attachment A, which is attached hereto and incorporated into this
Agreement by this reference, the County will reserve an additional annual service hours of bus
service. Service Partner will be eligible to receive these reserved bus service hours when all of the required
actions or projects specified in Attachment A have been implemented. Once this service is implemented
and continues to perform well, Metro will continue this service as long as the traffic improvements
implemented by Service Partner remain in place.
The County wlll operate the enhanced transit service provided for herein in accordance with its regular
procedures. Service Partner understands and agrees that the transit service referenced herein is and will
continue to be open to the general public.
. .
2.2 The County will include the new transit service enhancements provided for under this Agreement in its
annual route performance monitoring. Enhanced transit service provided for via Service Partnerships will
be expected to perform at or above the subarea average for its particular type of service in at least three of
the four standard indicators monitored in Metro's annual Route Performance Report:
a) Rides per revenue hour;
b) The ratio of fare revenue to operating expense;
c) Passenger miles per revenue hour; and
d) Passenger miles divided by platform miles.
2.3 The specific benchmarks applicable to the enhanced transit service provided for herein are set forth in
Attachment A. Three (3) years after implementation of the enhanced transit service provided for herein and
annually thereafter, the County will make a determination as to the productivity and viability of the service.
The County will notify Service Partner of its assessment of the service's productivity, performance, and
ongoing viability. If the County deems that changes can be made to improve the service, the County and
Service Partner will discuss possible modifications and may agree on any decisions to modify the service
enhancements provided for herein; provided, however, that any such modifications shall be consistent with
the requirements set forth in KCC 28.94.020(B)(2). After consultation with Service Partner, if the County
determines that the enhanced service provided for herein is not viable based upon performance, and
proposed changes are insufficient to boost productivity beyond a minimum threshold as may be established
and the Parties cannot agree on a substitute investment on a different route or a different corridor, then the
County will notify Service Partner of its intention to terminate the Agreement.
2.4 The County, in cooperation with Service Partner, will monitor transit performance on core routes that are
targeted for speed and reliability improvements, starting with the execution of this Agreement and
extending for a minimum of five (5) years after all of the improvements described in Attachment A have
been completed. The County will also, for the duration of the Agreement, monitor the improvements
completed by Service Partner to ensure they are still in place.
2.5 The Parties have made their best faith effort to develop a list of actions and projects that they believe will
achieve a ten percent (10%) or greater core route performance improvement. However, if the actual
Speed & Reliability Service Partnership Agreement
Between King County and [insert name afService Partner)
Page 2 of 8
improvement in transit speed is less than ten percent after implementation, the County will continue to
supply the agreed upon service hours as part of the ongoing system as long as the Service Partner maintains
the agreed upon physical improvements and makes ongoing traffic operations decisions throughout the core
connection, consistent with the intent of Attachment A, and in a manner that maintains the travel time
advantage for transit; provided, however, that the County reserves the right to exercise the option of
terminating the service pursuant to Section 2 of this Agreement.
3. SERVICE PARTNER'S RESPONSIBILITIES
3.1 Service Partner agrees to undertake the set of actions and projects identified with particularity in
Attachment A; namely, certain capital projects and/or implementation of traffic operations changes, and has
established a completion date of_(date.) In any case, all of the actions and projects must be
completed no later than five (5) years from the execution of this Agreement. Service Partner will provide
official notice to the County in writing when its projects have been completed. The County will then have
30 days to inspect the work and determine if the requirements set forth in Exhibit A have been satisfied.
3.2. Once implemented, Service Partner agrees to sustain the agreed upon physical improvements and make
ongoing traffic operations decisions throughout the core connection., consistent with the intent of
Attachment A, and in a manner that maintains the travel time advantage for transit.
3.3 Any substantive modifications or changes to the required activities and improvements set forth in
Attachment A, as deemed by either the Service Partner or the County, must be jointly approved in writing
in advance by the Parties.
4. TERM OF AGREEMENT
4.1 This Agreement shaH commence upon signing by both Parties and shall continue unless terminated
pursuant to the terms of this Agreement, as provided in Section 8; provided, however, that Service Partner
must complete the agreed upon traffic improvements within five (5) years in order to receive the reserved
service hours from the County and, provided further, that if such improvements are not satisfactorily
completed within five years of the execution date of this Agreement, this Agreement may be terminated by
the County.
4.2 This Agreement is subject to review and approval by the King County CounciL
5. INDEMNIFICATION AND LEGAL RELATIONS
5.1 It is understood and agreed that this Agreement is solely for the benefit of the Parties hereto and gives no right
to any other person or entity. No joint venture or partnership is formed as a result of this Agreement. No
employees or agents of one Party or its contractors or subcontractors shall be deemed, or represent themselves
to be, employees, agents, contractors or subcontractors of the other Party.
5.2 Each Party shall comPly, and shall ensure that its contractors and subcontractors, if any, comply with aU
federal, state and local".laws, regulations, and ordinances applicable to the work and services to be performed
under this Agreement.
5.3 Each Party shall protect, defend, indemnify and save hannless the other Party, its elected officials, officers,
officials, employees and agents while acting within the scope of their employment as such, from any and aU
costs, claims, judgments, and/or awards of damages, arising out of or in any way resulting from each Party's
own negligent acts or omissions. Each Party agrees that it is fully responsible for the acts and omissions of its
own subcontractors, their employees and agents, acting within the scope of their employment as such, as it is
for the acts and omissions of its own employees and agents. Each Party agrees that its obligations under this
provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees
or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each Party's
immunity under Washington's Industrial Insurance Act., RCW Title 51, as respects the other Party only, and
only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims
Speed & Reliability Service Partnership Agreement
Between King County and [insert name of Service Partner]
Page 3 of8
made by the indemnitor's employees. The Parties acknowledge that these provisions were specifically
negotiated and agreed upon by them.
5.4 Each Party's rights and remedies in this Agreement are in addition to any other rights and remedies provided by
law.
5.5 This Agreement shall be interpreted in accordance with the laws of the State of Washington. The Superior
Court of King County, Washington, located in Seattle, Washington, shall have exclusive jurisdiction and venue
over any legal action arising under this Agreem~nt.
5.6 The provisions of this Section shall survive any termination of this Agreement.
6. CHANGES AND MODIFICATIONS
This Agreement may be amended or modified only by prior written agreement signed by the Parties hereto.
7. TERMINATION OF AGREEMENT
7.1
Either Party may terminate this Agreement, in whole or in part, in writing, if the other Party substantially
fails to fulfill any or all of its obligations under this Agreement through no fault of the other, including, but
not limited to, Service Partner's failure to satisfactorily complete the traffic improvement requirements set
forth in Attachment A within five (5) years of the execution date of this Agreement; provided, however,
that, insofar as practicable, the Party terminating the Agreement will give notice of its intent to tenninate
not less than 135 calendar days prior to the County's February, June or September service change,
delivered by certified mail, return receipt requested.
. .
7.2 Within the frrst five (5) years of the Agreement and prior to implementation of the service improvements
outlined in Attachment A, if the Service Partner determines that it will be unable to implement all of the
improvements specified in Attachment A, it will provide written notice of this to the County. The Parties
will then have 90 calendar days to attempt to reach agreement upon a set of alternative improvements. If
the Parties cannot agree upon an alternative set of improvements, at the end of the 90 day period, the
County shall provide Service Partner notice of its intent to terminate. The County will provide such notice
in writing by certified mail, return receipt requested.
7.3 The County may terminate this Agreement pursuant to the provisions of Section 2.0 of this Agreement, in
whole or in part; provided that Service Partner will be given notice of the County's intent to terminate not
less than 135 calendar days prior to the County's February, June or September service change, delivered by
certified mail, return receipt requested.
8. FORCE MAJEURE
Either Party shall be excused from performing its obligations under this Agreement during the time and to
the extent that it is prevented from performing by a cause beyond its control, including, but not limited to:
any incidence of frre, flood, earthquake or acts of nature; strikes or labor actions commandeering material,
products, or facilities by the federal, state or local government; and/or national fuel shortage, when
satisfactory evidence of such cause is presented to the other Party, and provided further that such non-
performance is beyond the control and is not due to the fault or negligence of the Party not perfonning. In
no event should this provision eliminate the need to make any required payment to the County to the extent
any such payment is required pursuant to this Agreement
9. WAIVER OF DEFAULT
Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of
any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and
shall not be construed to be a modification of the terms of this Agreement unless stated to be such in
writing, signed by authorized Parties and attached to the original Agreement.
Speed & Reliability Service Partnership Agreement
Between King County and [insert name of Service Partner)
Page 4 of8
10. ASSIGNMENT
. This Agreement shall be binding upon the Parties, their successors and permitted assigns; provided,
however, that neither Party shall assign any portion of this Agreement without the other's prior written
consent.
11. NO THIRD PARTY BENEFICIARIES
Nothing in this Agreement, express or implied, is intended to confer on any person or entity other than the
Parties hereto and their respective successors and assigns any rights or remedies under or by virtue of this
Agreement.
12. MUTUAL NEGOTIATION AND CONSTRUCTION
This Agreement, and each of the terms and provisions hereof, shall be deemed to have been explicitly
negotiated between, and mutually drafted by, both Parties, and the language in aU parts of this Agreement
shall, in all cases, be construed according to its fair meaning and not strictly for or against either Party.
13. ALL TERMS ANDCONDmONS
This Agreement merges and supersedes all prior negotiations, representations and agreements between the
Parties related to the subject matter hereof and constitutes the entire Agreement between the Parties.
This Agreement contains all the terms and conditions agreed upon by the Parties. No other understandings,
oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of
the Parties hereto.
14. CONTACT PERSONS
The County and Service Partner shall oesignate a contact person for purposes of sending inquiries and
notices regarding the execution and fulfillment of this Agreement.
Service Partner
Contact Name
Title
Address
Telephone
Fax I.
E-Mail '.
Kin2 County
Contact Name
Title
Address
Telephone
Fax
E-Mail
Speed & Reliability Service Partnership Agreement'
Between King County and [insert name of Service Partner]
Page 5 of8
rN WITNESS WHEREOF the Parties hereto have executed this Agreement on the _ day of
,2007.
KING COUNTY
SERVICE PARTNER
By:
By:
Title:
Title:
Date:
Date:
. ~
Speed & Reliability Service Partnership Agreement
Between King County and [insert name of Service Partner}
Page 6 of8
ATTACHMENT A
Speed aod Reliability Partoership Scope of Work
A. Transit Speed Improvement Measures to be Undertaken bv Service Partner
1. Service Partner agrees to make, at a minimum, the following capital investments and/or traffic
operations changes to create a projected transit speed and reliability benefit of _ % along _ the
core connection on between and , in support of the eligible core route
#
List/describe the improvements in detail with graphics/drawings, as required.
B. Additional Supportin!! Actions to be Undertaken bv Service Partner
I. Service Partner further agrees to implement the following supporting actions:
As described in the evaluation criteria for Speed and Reliability Partnerships, complementary
actions can include any or all of the following:
· Instituting innovative transit signal phasing or timing strategies;
· Providing infrastructure, preferably fiber, required to support communication between
transit signal priority equipment in the field and from the field back to the Service
Partner and to Metro Transit;
· Adding curb space for transit terminal or layover:
· Establishing parking management to increase the attractiveness of ridesharing;
· fmplementing pass subsidy and promotional programs to achieve higher ridership;
· Taking other actions that improve the pedestrian environment.
[list/describe the supporting actions the Service Partner has agreed to undertake]
C. Timin!! for Service Investment
[fService Partner completes the required traffic speed improvement measures set forth in Section A above,
by the completion date of _x date, as outlined in Section 3.1 of this Agreement, the County will
program the service described in Section 2.1,to begin with the _,20_ service change.
[fthis completion date is not met, Service Partner must complete the required set of actions no later than
five (5) years from the execution ofthis Agreement in order to retain eligibility for enhanced transit service
under this Service Partnership. However, if the original completion date is changed, the time frame for
initiating the enhanced transit service will have to be renegotiated with the County once a revised
completion date is established.
D. Service Description
This section will include a description of the agreed upon service; the speci/icitv of this description is
expected to varv bv agreement. The level of detail will be impacted bv the amount of time that is
proiected between executing this Agreement and qualifving for the additional service investment [fthe
servu:e description must remain fairlv general at the time this Agreement is executed. the Parties will be
able to ratifv a more detailed service understanding through a letter of agreement. as a planned
addendum that can be administrativelv ratified
E. Beochmarks for Evaluatio!! Service Performance
Speed & Reliability Service Partnership Agreement
Between King County and [insert name of Service Partner]
Page 70f8
Metro Transit has a consistent, formal route performance evaluation process to identify individual routes
that may require modification, expansion or termination. Routes are grouped by sub-area and time period
for similarity in operating conditions. Each Service Partnership route will be compared by time period to
other routes in its sub-area to ascertain performance level. Data for a particular year is typically available
by the middle of the following year. The comparison will be made at the time the data is available.
A group of routes will have both "strong" and "below minimum" performance routes, as defmed by
thresholds based on the average performance of the group. Routes at the extremes of performance are
considered for changes. Routes with "strong performance" are considered for expansion; "below minimum
performance" routes are evaluated for changes to improve performance, or for discontinuation if
performance does not improve after changes are tried.
The specific benchmarks for service additions applicable to this Agreement will be selected so as to be
appropriate for the type of service that is being provided, the sub-area in which its operates, and the time
of day it is offered. These will be finalized at the time that the service additions are agreed upon by the
Parties.
. .
Speed & Reliability Service Partnership Agreement
Between King County and [insert name afService Partner]
Page 8 of8
COUNCIL MEETING DATE: September 18,2007
ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Pacific Highway South HOV Lanes Phase IV Project (18th Ave S to S 312th St) - 30% Design Status Report
POLICY QUESTION: Should the Council authorize staff to proceed with design of the Pacific Highway South HOV Lanes
Phase IV Project and return to the Council at the 85% design completion for further reports and authorization?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: September 10, 2007
CATEGORY:
[gI Consent
D City Council Business
D Ordinance
D Resolution
D
D
Public Hearing
Other
.~..!~_I.'_~!.<?~!~X:.M'.1.~~~.~'.1.!!~~_~~:?.~_!!.~.t:!_~Y..s._t.~~_~.~E.'.1.g,t:~.____........._. ~~!.!.;-~~.I:?!~~..~~~~--_._--_.._.._._...._.__.-
ATTACHMENTS: 1) LUTC memo dated September 10,2007.
2) Interlocal Agreement between the City of Federal Way and Lakehaven Utility District.
OPTIONS CONSIDERED:
....--.....-----............-....---.........-....................--............--............---.............--.-----..........-........-............-...-........--.-.--.....-............-...........-.---.........--......-.--..........-........-...................................-.......------.....--...-....-.---
1. Authorize staff to proceed with design of the Pacific Highway South HOV Lanes Phase IV- South 3l2th Street to
Dash Point Road Widening Improvement Project and return to the LUTC Committee at the 85% design completion
stage for further reports and authorization, and enter into the proposed Interlocal Agreement with Lakehaven Utility
District for the Pacific Highway South HOV Lanes Phase IV - South 312th Street to Dash Point Road Widening
Improvement Project.
2. Do not authorize staffto proceed with the present design of this project and provide direction to staff.
STAFF RECOMMENDATION: Staff recommends Option 1 be forwarded to the September 18, 2007 City Council Consent
Agenda for approval.
CITY MANAGER ApPROVAL: ~
Committee
DIRECTOR APPROVAL:
~
Committee......
Council
Council
COMMITTEE RECOMMENDATION: Forward the above staff recommendation to the September 18, 2007 City Council
Consent Agenda for approval.
. Jack Dovey, Chair
Dean McColgan, Member
Linda Kochmar, Member
PROPOSED COUNCIL MOTION: "I move to direct staff to proceed with design of the Pacific Highway South HOV Lanes
Phase IV- South 3l2th Street to Dash Point Road Widening Improvement Project and return to the LUTC Committee at the
85% design completion stage for further reports and authorization, and enter into the proposed Interlocal Agreement with
Lakehaven Utility District for the Pacific Highway South HOV Lanes Phase IV - South 312th Street to Dash Point Road
Widening Improvement Project."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
SUBJECT:
September 10, 2007
Land Use and Transportation Committee
Neal Beets, City Manager " ~ _ ~
Marwan Salloum, P.E., Acting Deputy Public Works DJ.l1~tor ~
Brian Roberts, P.E., Street Systems Project Engineer ~
Pacific Highway South HOV Lanes Phase IV Project;
(lath Avenue S to S 31Zh Street) - 30% Status Report
DATE:
TO:
VIA:
FROM:
BACKGROUND:
The Pacific Highway South HOV Lanes Phase IV - South 312th Street to Dash Point Road widening
improvement project includes adding HOV lanes north and southbound, adding curb gutter and sidewalk,
adding lighting, landscaping, planted medians, left turn movements restricted to intersections, and
consolidating driveways where possible. The purpose of the project is to irnprove aesthetics, improve
traffic flow and reduce accidents by eliminating conflicts and to promote transit and carpool use. An
average of more than 30,000 vehicles a day uses this section of Pacific Highway South, which operates
over capacity.
In an effort to reduce costs and public disruption, the following planned projects will be incorporated into
the design and will be constructed as part of this project:
. Lakehaven Utility District Water and Sewer Utility Adjustment
. Utility Underground Conversion within project limits
The following provides a brief synopsis of the progress on this project to date. Currently, the project
design is approximately 30% complete, which includes the following completed tasks:
. The Topographical Surveys
. Interlocal Agreement with Lakehaven Utility District for Water and Sewer line
relocation/replacement design and construction ( Draft Copy attached)
. Utility Underground Conversion Design Agreement with Puget Sound Energy within project
limits
. Project Design to 30%
Ongoing Tasks Include:
. NEP A and Biological Assessment Documentations
. Channelization plans
. The Geotechnical Investigation
. The Environmental Site Assessment (ESA) Phase I
. First Open House for the Project will be held October, 2007
. Value Engineering study will be held in November, 2007
. Environmental Site Assessment (ESA) Phase II
. NEPA and Biological Assessment Determination and Project Permitting
. Driveway Consolidation Studies
. Right of Way Requirements (Property Appraisals, Review Appraisals, Negotiation, and
Acquisition)
. Project Design to 85%
September 10, 2007
Land Use and Transportation Committee
Pacific Highway S HOV Lanes Phase IV - 30% Design Status Report
Page 2
PROJECT EXPENDITURES:
Planning and Design
Right of Way Acquisition
Year 2007 Construction
15% Construction Contingency
Construction Management (12.5%)
Underground Conversion (PSE)
TOTAL PROJECT COSTS
$ 1,500,000
3,500,000
11,500,000
1,725,000
1,653,000
500,000
$20,378,000
AVAILABLE FUNDING:
Total Grant Funding
Mitigation Fund
Budgeted City Fund "REET" (Year 2005)
Budgeted City Fund "REET" (Year 2007)
Budgeted City Fund "REET" (Year 2008)
Interest Earnings
TOTAL AVAILABLE BUDGET
$10,617,693 (TIB $8,177,109, Federal $2,440,584)
397,462
550,000
500,000
500,000
70,195
$12,635,350
PROJECT BUDGET SHORTFALL
-$7,742,650
Staff is not requesting a budget adjustment for this project at this time. The project budget is presented
only for your information and tracking purposes. As we proceed with the project design and right of way
acquisitions process, the total project costs including anticipated cost escalation for project construction in
2009 will be refined and presented to the Committee and Council at the 85% design completion status
report for further action.
cc: Project File
Day File
After recording, return to:
City of Federal Way
33325 8th Avenue S
Federal Way, WA 98003
Attn: Brian Roberts
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF FEDERAL WAY
AND LAKEHAVEN UTILITY DISTRICT
FOR THE
PACIFIC HIGHWAY SOUTH HOV LANES PHASE IV PROJECT
(SOUTH 312TH STREET TO DASH POINT ROAD)
THIS AGREEMENT is made and entered into this _ day of ,2007, by
and between the City of Federal Way (hereinafter "City") and Lakehaven Utility District (hereinafter
"District"), collectively referred to herein as the "Parties".
WHEREAS, the City proposes to proceed with the Pacific Highway South HOV Lanes Phase
IV Project (South 312th Street to Dash Point Road) (hereinafter "Project"); and
WHEREAS, the District provides water and sewer service in the general area of the Project
in accordance with applicable Washington State and City of Federal Way laws, regulations and
franchises; and
WHEREAS, in connection with the roadway improvements being undertaken by the City, the
District will be required to relocate certain water and sanitary sewer facilities such as fire hydrants,
valves, water meters, etc.; resolve any waterline/utility conflicts; and adjust sewer manholes, within
the Project area; and
WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local governmental
units to make the most efficient use of their powers by enabling them to cooperate with other entities
to provide services in a manner best serving the needs and development of their local communities;
and
WHEREAS, the District can achieve cost savings and other benefits in the public's interest
by contracting with the City to perform certain services for the District, including letting a public works
construction contract for the installation of the water improvements in connection with the Project
(hereinafter "District Work"), and providing construction management services in support thereof, as
described in Exhibit A, attached hereto and incorporated herein by this reference;
Pacific Highway South HOV Lanes Phase IV
Page 1
March 2007
NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto
as follows:
I. PREDESIGN/DESIGN.
The District agrees that the City's design contractor, KPG, Inc., shall perform
predesign/design work for the Project. The District shall reimburse the City for the predesign report,
reproducible construction drawings, special contract provisions, and other necessary documents,
which shall sufficiently detail requirements for the District Work to become a part of the plans and
specifications for the Project.
II. BIDDING AND CONSTRUCTION.
A. It. is the intention of the City and the District that the District plans and
specifications shall be incorporated into the Contract Bid Documents for the Project in such manner
as to allow, to the extent possible, identification of cost allocations between the Parties.
B. Following opening of construction bids on the Project, the District shall be
furnished with the bid responses submitted for the District Work for the District's approval. Within
twenty days of receiving the bid prices, the District shall notify the City in writing that the District
either approves or rejects their portion of the bid award. Bid award shall be made to the lowest
responsible bidder for the total Project subject to applicable Jaws and regulations. The City shall not
proceed with the District Work until the City has received approval from the District for its portion of
the bid award; provided. however: if no bids are received which, in the estimation of the District, are
acceptable to the District for the District Work, the District shall so immediately notify the City. The
District Work shall be deleted from the project contract and, in this event; the City shall proceed with
its portion of the Project. This Interlocal Agreement shall terminate effective the date of the District's
notice to the City of the District's rejection of all bids.
III. CONTRACT ADMINISTRATION.
A. The City shall provide the necessary administrative, construction observation,
and clerical services necessary for the execution of the Project. In providing such services, the City
Public Works Director and/or his or her designee may exercise all the powers and perform all the
duties vested by law in him or her. The District grants to the City Public Works Director and/or his or
her designee authority to act on behalf of the District sufficient to carry out the provisions of this
Agreement.
B. The District shall notify the City, in writing, of any changes it wishes to make in
the plans and specifications which affect the District Work, which changes shall be made, if feasible.
The City shall notify the District, in writing, of any changes required of the District Work and shall
obtain the District's approval of such changes. The District's approval shall not be unreasonably
withheld. The District shall be responsible for all costs incurred, directly or indirectly, as a result of
these or any other changes required or requested by the District.
Pacific Highway South HOV Lanes Phase IV
Page 2
March 2007
IV. PAYMENT.
A. The District shall reimburse the City for all costs incurred by the City in
performing the District Work, which costs shall include but are not limited to the District Work
performed by the Project contractor(s), all District requested changes, and the District's cost of the
City services described in Paragraph III (a) herein, and as described in Exhibit B.
B. All payments shall be due from the District to the City within thirty (30) days
after approval by the District's General Manager or his/her designee of said sums billed to the
District. Amounts unpaid after said. due date shall accrue interest at a rate of one (1) percent per
month.
V. INDEMNIFICATION AND HOLD HARMLESS.
A. The City agrees to indemnify and hold the District, its elected officials, officers,
employees and agents harmless from any and all claims, demands, losses, actions and liabilities
(including costs and all attorney fees) to or by any and all persons or entities, including, without
limitation, their respective agents, licensees, or representatives, arising or resulting from, or
connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of
the City, its agents or employees, or by the City's breach of this Agreement.
B. The District agrees to indemnify and hold the City, its elected officials, officers,
employees and agents harmless from any and all claims, demands, losses, actions and liabilities
(including costs and all attorney fees) to or by any and all persons or entities, including, without
limitation, their respective agents, licensees, or representatives, arising or resulting from, or
connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of
the District, its agents or employees, or by District's breach of this Agreement.
The provisions of this paragraph shall survive the expiration or termination of this Agreement
with respect to any event occurring prior to such expiration or termination.
VI. DURATION.
This agreement shall become effective immediately upon execution by both parties.
This Agreement shall continue in force until either (1) the District rejects all bids or (2) the City
Council accepts the completion of the project, whichever is earlier.
VII. OTHER PROVISIONS.
A. The City shall retain ownership and usual maintenance responsibility for the
roadway, storm drainage system, sidewalks, landscaping, traffic signals and all other appurtenances
related thereto.
B. Upon completion of the construction and City's acceptance of the Project as
fully constructed according to plans, specifications and change orders, the City shall provide a final
invoice to the District for any final payment due. The District's payment of this final invoice shall, in
effect, transfer ownership of these water and sewer mains and appurtenances to the District and the
District shall thereafter be responsible for maintenance of such facilities.
Pacific Highway South HOV Lanes Phase IV
Page 3
March 2007
C. This Agreement contains the entire written agreement of the Parties and
supersedes all prior discussion. This Agreement may be amended only in writing, signed by both
Parties.
D. This Agreement shall be in full force and effect from the date of signature by
all Parties to the date the City completes.the Final Inspection upon completion of the Project and
may be extended for additional periods of time upon mutual written agreement of the City and
District. Adherence to deadline dates is essential to the performance of this Interlocal Agreement.
E. Any provision of this Agreement, which is declared invalid, void or illegal shall
in no way affect, impair, or invalidate any other provision hereof and such other provisions shall
remain in full force and effect.
IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the
work, as set forth herein, will be performed by the City under the terms of this Agreement.
IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day
and year first above written.
CITY OF FEDERAL WAY
LAKEHA YEN UTILITY DISTRICT
Neal J. Beets, City Manager
33325 8th Avenue South
PO Box 9718
Federal Way, WA 98063-9718
(253) 835-2401
31627 1st Avenue South
PO Box 4249
Federal Way, W A 98063-4249
(253) 941-1516
APPROVED AS TO FORM:
APPROVED AS TO FORM:
~~
General Counsel, Steven H. Pritchett
Patricia A. Richardson, City Attorney
A TrEST:
Laura K. Hathaway, CMC, City Clerk
Pacific Highway South HOV Lanes Phase IV
Page 4
March 2007
Exhibit A
Scope of Work
Pacific Highway South HOV Lanes Phase IV
South 312th Street to Dash Point Road
Work Element 15
Lakehaven Utility District-Water Main Assessment
15.1 The CONSULTANT will identify and field locate twenty-four (24) valve locations. The
CONSULTANT will measure down to the top of the operating nut on the twenty-four (24)
valves. Each valve measured will be clearly identified with a unique identifier (Le. WV-1)
painted on the pavement surface adjacent to the valve measured. The CONSULTANT will
prepare a list of the valve measurements including valve identifier and depth to operating
nut, and distance to top of pipe from operating nut. LUD will provide record drawings of the
water main, including approximate valve locations, valve size, valve type and distances from
the top of the operating nut to top of pipe
15.2 The CONSULTANT will field survey each valve location using the paint marks set in 15.1 to
establish the horizontal and vertical location of the valves. Valve locations will be surveyed at
the top of the lid of the valve box. It is assumed that twenty-four (24) valves will be field
surveyed. The CONSULTANT will use the same horizontal and vertical datum as the Pacific
Highway South HOV Lanes Phase IV project.
15.3 Base on the valve measure-down information provided 15.1 and 15.2, the CONSULTANT
will prepare plan and profile sheets for mains running parallel to the centerline of Pacific
Highway South. Plans and profile sheets will show each valve location including station,
offset, elevation at existing ground and depth to top of pipe. A dashed line indicating the
assumed water main profile will be drawn between each valve location. Because of the
possibility that the actual water line profile varies along its length, no guarantee is made as
to the accuracy of the drawn water main profile between valve locations. The majority of the
profiling of the water mains will be based on measure down information and construction
assumptions provided by LUD. Therefore, the accuracy of the profiles will be dependent on
the accuracy of the information provided by LUD. In general, the profiling will be subject to
inaccuracies in measuring by LUD, assumptions of valve types and measurements, potential
presence of valve extensions (unknown), and errors in calculating the invert of the water
mains based on this cumulative data. The CONSULTANT will superimpose the proposed
finished ground line and proposed storm drain crossings from the Pacific Highway South
HOV Lanes Phase IV project onto the profiles. The proposed channelization for Pacific
Highway South HOV Lanes Phase IV project will be superimposed over the existing
planimetrics.
15.4 The CONSULTANT will review the valve information, plan and profile drawings, the Pacific
Highway South HOV Lanes Phase IV preliminary design drawings and utility as-built
information to assess the need to relocate the existing water main. The assessment will be
limited to the following:
Pacific Highway South HOV Lanes Phase IV
Page 5
March 2007
Exhibit A
Scope of Work
Pacific Highway South HOV Lanes Phase IV
South 312th Street to Dash Point Road
Based on the finish grade elevations established by the Pacific Highway HOV Lanes
Phase IV project, the CONSULTANT will review the future depth of cover over the
water mains and identify areas of insufficient cover. The minimum cover required will
be as determined by LUD after review of the CONSULTANT assessment of
insufficient cover.
Base on the proposed storm drain plans developed for the Pacific Highway South
HOV Lanes Phase IV project, the CONSULTANT will identify apparent conflict
locations. Cost to resolve individual conflicts will be developed under 15.5.
The CONSULTANT will prepare a technical memorandum describing the assessment
performed, a comparison between relocation of the entire water main and resolution of
localized conflicts, provide a recommendation to LUD on whether the water mains should be
relocated or localized conflicts resolved. The assessment of the water mains will not address
the condition of the water mains or associated appurtenances, capacity, or existing/future
demands. No assessment of service laterals will be made. Should the CONSULTANT
recommend relocation of the water mains, the CONSULTANT will provide a preliminary
route for the relocated water main on the plan and profile drawings prepared as part of 15.3.
No final design work is included in this scope of work. It is assumed that the final design of
the water main relocations will be add by supplement to this scope of work at a later.
15.5 The CONSULTANT will prepare a preliminary opinion of construction cost for both the
relocation of the water main and resolution of localized conflicts for comparison purposes.
Since no detailed design of the water main will have been performed, this will be a planning
level estimate suitable only for comparison purposes. The opinion of cost will be based on a
per linear foot cost to relocate/adjust the water main. The unit price per linear foot will
include excavation, backfill, shoring, material and labor, fittings and valves and incidentals.
The opinion of cost will not include service lines or meter boxes. A detailed breakdown of
quantities will not be prepared. A thirty percent (30%) contingency will be applied to the
opinion of cost.
Pacific Highway South HOV Lanes Phase IV
Page 6
March 2007
Exhibit B
Estimated Costs
Pacific Highway South HOV lanes Phase IV
South"312th Street to Dash Point Road
ESTIMA TED PRE-DESIGN, DESIGN, CONSTRUCTION, PROJECT A DMINISTRA TlON AND
CONSTRUCTION MANAGEMENT COSTS FOR INCLUDING LAKEHA VEN UTILITY DISTRICT
UTILITY RELOCA TlON AND ADJUSTMENTS
ESTIMATED PRE-DESIGN COST
Estimated pre-design costs for lakehaven utility relocations (KPG, Inc.)
$11,531
ESTIMATED DESIGN COST
Estimated design costs for Lakehaven utility relocations
TBD
ESTIMATED CONSTRUCTION COSTS
Subtotal Construction
TBD
Sales Tax @ 8.8% of Construction Cost
TBD
Subtotal Construction Including Sales Tax
TBD
Construction Contingency (10% of Construction cost.)
Construction Management (10% of Construction cost.)
TBD
TBD
ESTIMATED TOTAL CONSTRUCTION COST
TBD
Project Administration (5% of project cost)
$11,531
$ 576
$12,107
ESTIMATED PROJECT COST (Predesign, Design & Construction)
TOTAL ESTIMATED COST
Note: The Agreement will be amended to include amounts to be determined ("TBD'),
including estimated design, construction, and project administration costs when the
estimates have been prepared. Costs presented are estimates only. Actual costs incurred
will be used to calculate final cost of Lakehaven Utility District's utility relocation portion for
reimbursement to the City.
K:\STREETS\PROJECTS\SR99 Phase IV\Lakehaven\ILA\ILA Agrement.doc
Pacific Highway South HOV Lanes Phase IV
Page 7
March 2007
COUNCIL MEETING DATE: N/A
ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CODE COMPLIANCE REPORT
POLICY QUESTION: SHOULD THE COUNCIL ENACT NEW POLICIES AND REGULATIONS TO GIVE THE CODE
COMPLIANCE PROGRAM MORE TOOLS?
COMMITTEE:LUTC
MEETING DATE: 9/10/07
CATEGORY:
o Consent
o City Council Business
Ordinance
o Resolution
o
Public Hearing
Other
DEPT: Community Development
.~!~FF.:.~EPORT By: K,~!.!.:I.y. Mc:_C;:LUNG,.P'!.~~TOR.:.__........__._.._............"._........... .
Attachments: See staff report attached
Options Considered: See pp. 3 & 4 of staff report
STAFF RECOMMENDATION:
CITY MANAGER ApPROVAL: ~
Committee
COWlcil
DIRECTOR ApPROVAL: _~
Committee
COWlcil .
COMMITTEE RECOMMENDATION:
Committee Chair
Committee Member
Committee Member
PROPOSED COUNCIL MOTION: "1 move approval of (see options p.3 & 4 of staff report attached. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEfERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED -- 02/06/2006
COUNCIL BILL #
1sT reading
Enactment reading
ORDINANCE #
RESOUITION #
Code Compliance Tools
As we discussed at the August 6th LUTC and August 7th council meeting, the Federal
Way City Code has limited tools available for code compliance officers to resolve code
violations once the property owner decides not to cooperate. Most violations are resolved
with a single contact to the property owner or business. A few more will require some
follow up and cooperation between the property owner and the City. Notice of Violations
work for another percentage, but beyond that point our current process breaks down
leaving cases unresolved.
The following are a list of policies, procedures and code amendments that are
recommended for adoption in order to facilitate a more effective and efficient code
enforcement process.
Civil Infractions-
After the initial contact is made and the issue is not resolved, a civil infraction may be
issued. The infraction is like a traffic ticket and the citizen can contest the violation and
take their case to a judge. This would be used in cases like garbage accumulation, repeat
offenders, and sign violations. Like a traffic ticket, the judge can reduce the fine or
eliminate it ifthe violation is taken care of before it goes to court. This amendment to the
city code is on the agenda tonight and will also go to the Parks Committee.
Adoption of Property Maintenance Code-
This will be part of the discussion of the Building Official tonight and can be adopted
with the International Building Code. This code will enable the City to have standards for
maintenance of landscaping and property. The recommended language puts a limit on
weeds or grass of 9 inches for developed land and 24 inches for vacant land. A topic for a
future meeting with Council is the guidelines for how it will be enforced with a picture
guideline book.
Adoption of Unfit Building Ordinance
The unfit Building Code Ordinance is also on your agenda tonight and will provide a
process for code compliance and building division staff to require buildings to be
demolished that become a public nuisance because of disrepair or damage. The cost of
abatement constitutes a tax lien, which can be placed on the tax rolls after 3 years if
unpaid. The ordinance provides a process for the property owner to appeal.
Procedures for Abatement Orders
We discussed the proposed legal department recommended abatement procedures at the
last LUTC meeting and city council meeting.
Abatement of Junk Vehic1es
A. Serve a "Notice of Violation and Abatement" via certified mail to both the
property owner of record and the vehicle's last registered owner of record if the
vehicle's owner's identity can be determined and that person is different from the
property owner.
1. The "Notice of Violation and Abatement" shall provide that a
hearing may be requested within fifteen days and that if no
hearing is requested, the vehicle will be removed.
B. Once the period (15 days) to request a hearing has expired, a letter will be sent to
property owner and vehicle's last registered owner of record if applicable,
indicating that the City will commence Superior Court proceedings to abate the
violation unless the property owner enters into a Right of Entry Agreement with
the City authorizing the City to abate the violation(s) and recover costs of
abatement.
C. Ifthe property owner fails to enter into Right of Entry Agreement within ten days,
the case will be forwarded to the City Attorney's office for filing in Superior
Court.
D. File Complaint for Abatement of a Public Nuisance in Superior Court and
subsequent pleadings in order to obtain a preliminary injunction, warrant of
abatement and judgment for costs and attorneys fees.
Since this is not a code change, it can be adopted administratively. In the Hoban case, we
did not require the court order because Mr. Hoban agreed to the clean up and lien
voluntarily. Code compliance will use the new procedures as recommended by the Legal
Department and will review them in six months to evaluate their effectiveness.
Revision of City Code:
· to add junk vehicles as a public nuisance
· to prohibit farm and construction equipment storage in residential zones
. to streamline appeal process
The first revision is to tighten the city code for citation purposes if staff cannot reach
agreement with the property owner. The second amendment is to clean up a technicality
that the code does not currently address. The third code amendment is to streamline the
appeal process by eliminating the time and cost of notifying owners within 300 feet that
an appeal has been filed. This process is not required by law and there is seldom any
participation from neighbors. We will still notify parties of record which will include
anyone that filed a complaint and the hearing is public so anyone can still participate that
wants to.
If these are amendments the council is interested in making, they should be added to the
planning commission work program for 2008.
Adopt Mandatory trash pick up
About 25% of the city's complaints have to do with trash accumulation. Many times the
violation is the result of citizens who do not have garbage pick up and so accumulate the
garbage for long periods of time. The city receives a lot of complaints about garbage
attracting rats, being clearly visible from the neighboring properties or from the street
and/or being collected in vehicles.
1. The City has the option of having garbage collection required. This would not
completely eliminate the problem but if citizens are required to pay for the service
they are more likely to use it. The down side is that it does add a cost to those
citizens who take responsibility for their garbage by taking it to another disposal
site regularly and do not create problems for the neighborhood. Ifthe council
wishes to investigate this issue further, additional research needs to be provided
i.e. how successful other cities are with mandatory garbage pick up.
Funding
A more aggressive direction in code compliance will initially require money for
abatement and court costs but will also accumulate funds through fines and liens. Severe
cases like the Hoban case will initially cost the city about $10,000 for clean up. This cost
will be recovered at the time the house sells but could be several years before cost
recovery. Initially, the city may have about a dozen similar cases and over time and with
the other code compliance tools in place, this should be a much smaller number per year.
This issue should be discussed in the next biennial budget discussion to put a revolving
type account in place for this purpose.
Update on Hoban Case
Greg Vause, Code Compliance Officer, was able to execute a Right of Entry Agreement
with the property owner which enabled the City to enter the property and remove the
garbage, vehicles and vegetation. This agreement eliminated the need to go to court for
an Abatement Order and the property owner understood and agreed that the city will file
a lien on the property to cover the city's costs to resolve the violation. King County
Mental Health was contacted but sent away by the property owner.
On September 4, a contractor removed over 23 yards of garbage, 40 yards of vegetation,
a junk vehicle and RV from the front yard of the property. The vegetation was trimmed
or removed and rats were exterminated. The cost of this violation initially to the city is
approximately $10-11,000.00.
LUTC recommendation: Some items above do not require any recommendation
from the LUTC. The following outlines the code compliance tools and action, if
needed.
1. Civil infractions- separate agenda item tonight.
2. Adoption of property maintenance code- to be discussed with IBC adoption
tonight.
3. Adoption of unfit building ordinance- to be discussed with IBC updates
tonight.
4. Procedures for abatement procedures- no council action needed, adopted
administratively.
5. Code revisions- LUTC can recommend that they be added to the 2008 work
program, can recommend not making the amendments, or can recommend
that they be prioritized before existing work program items. Staff
recommends adding to the 2008 work program.
6. Adopt mandatory garbage pick up- recommend that this issue be researched
further for council review.
7. Funding options should be discussed in the next budget cycle.
COUNCIL MEETING DATE: October 2, 2007
ITEM
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ADOPTION OF 2006 INTERNATIONAL BUILDING CODES
POLICY QUESTION: Should the Federal Way City Code (FWCC) be updated to reflect the state's adoption of
the 2006 International Building Codes and 2006 Uniform Plumbing Code, and should the FWCC also be
updated by incorporating the 2006 International Fire Code from Chapter 8 into Chapter 5?
COMMITTEE: Land UsefTransportation Committee
MEETING DATE: September 10, 2007
CATEGORY:
D Consent
D City Conncil Business
I:8J Ordinance
D Resolution
D
D
Public Hearing
Other
~!~~I."~~Q~!!ly.;.~~D.4i!lJ~.Qffi~!~!.!.:~~~~!!~y.
DEPT: Community Development
The City is required by our articles of incorporation to adopt and enforce the currently adopted state building code.
The proposed changes are to update the Federal Way City Code (FWCC) to the current state code adoption of the
2006 International Building Codes and 2006 Uniform Plumbing Code as amended by the state, and to incorporate the
2006 International Fire Code into FWCC Chapter 5 by moving it from Chapter 8.
Attachments: 1) Staff memo and 2) Proposed Ordinance with Attachment A (FWCC Chapter 5) and Attachment B
(FWCC Chapter 8).
Options Considered: 1) Adopt the proposed ordinance with updates to the FWCC as presented by staff; 2) Adopt the
recommended updates with modifications; 3) Do not adopt the recommended updates.
STAFF RECOMMENDATION: Staff recommends approval of Option #1, adopt the proposed ordinance with updates to
the FWCC as presented by staff
CITY MANAGER ApPROVAL:
COllncil
DIRECTOR ApPROVAL: ~
Committee
COWlcil
COMMITTEE RECOMMENDATION: Approve Option #1 and forward the ordinance for first reading to the full
Council on October 2, 2007.
Jack Dovey Chair
Dean McColgan
Linda Kochmar
PROPOSED COUNCIL MOTION: "I move approval of the LUTC's recommendation to adopt the ordinance with
updates to the FWCC. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
I:\DOCUMENT\2007 Building Code ChangelAgenda BiII.doc
COUNCIL BILL #
] ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
Department of Community Development Services
33325 8th Avenue South
PO Box 9718
Federal Way, WA 98063-9718
253-835-2601 - Fax: 253-835-2609
www.citvoffederalwav.com
CITY OF ~
Federal Way
MEMORANDUM
DA TE: September 4, 2007
TO: Jack Dovey, Chair
Land Use/Transportation Committee
FROM: R. Lee Bailey, Building Official
VIA: Neel Beets, City Manager
MEETING DATE: September 10,2007
SUBJECT: Local Adoption of State Building Code
BACKGROUND
The City is required by our articles of incorporation to adopt and enforce the currently adopted state
building code. Generally, no action is required by the local jurisdiction to adopt the state codes unless
certain local amendments are desired. This year's adoption of the 2006 International Building Codes and
2006 Uniform Plumbing Code incorporates several amendments to the international codes. Additionally,
the state does not adopt codes pertaining to local code enforcement and other administrative concerns.
The proposed ordinance provides adoption language (specifics in ordinance Attachment A, Chapter 5 and
Attachment B, Chapter 8) to update the current Federal Way City Code (FWCC) to be consistent with the
adoption of the 2006 international codes.
SUMMARY OF CHANGES TO FWCC CHAPTERS 5 AND 8
Proposed changes are to update the FWCC to current state code adoption of the 2006 International
Building Codes and 2006 Uniform Plumbing Code as amended by the state.
Local changes include the incorporation of the International Fire Code (IFC) into Chapter 5 and its
removal from Chapter 8. Some previous amendments to the adopted codes were modified and in some
cases removed. These changes may have been brought about by changes in the new codes which no
longer required amending, or a slight change in philosophy, and deal with administration issues only.
There were several amendments throughout the body of codes dealing with enforcement which bring the
penalty and appeal process into line with the city's policies and will assist the Code Compliance Officers
and Law Department with having clear authority to enforce property and maintenance violations.
In moving the IFC to Chapter 5, one section, besides administrative, was amended. The requirement for
sprinklers in new buildings was reduced from 10,000 to 5,000 square feet. This change was made to make
the city's sprinkler policy more consistent with other cities in South King County. This will affect new
construction and large remodels where a change of use occurred. The developer can expect an
approximate cost increase of $3.50 per foot for the difference in square footage.
The five-story wood frame section has been amended to read five story Type V A. This will allow more
versatility in design and construction of this innovative process. Also, this section has been updated to
remove all reference to the Uniform Building Code.
The staff recommends adoption of International Property Maintenance Code (IPMC) Section 302.4,
which the city has chosen to delete in the past. The code has been amended to include a weed height of
nine inches in height on developed property and 24 inches in height on vacant land.
The proposed changes to the code are attached to the proposed ordnance as Attachment A, Chapter 5 and
Attachment B, Chapter 8. Proposed additions are shown as underline and proposed deletions as
strikethrough. In those sections dealing with amendments to the international codes (i.e. FWCC Section 5-
67) some items are shown as double Btril[l~thr~\igh, or underline and strikethrough, and/or double underline
because: 1) the item was not part of the original FWCC and is included for informational purposes (double
Btril(@thr~Hgh), or 2) the item is new to the FWCC and the staff is proposing changes to the international
code language (underline and strikethrough, double underline, and/or double 8tril:iltkr~\igh).
1:\DOCUMENTl2007 Building Code Changelbuilding code memo. doc
LUTC Memorandum
September 10,2007, Meeting Date
Local Adoption of State Building Code
Page 2
ORDINANCE NO. 07-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING CHAPTER 5 AND CHAPTER 8 OF THE
FEDERAL WAY CITY CODE AND ADOPTING THE 2006 INTERNATIONAL
CODES AND THE 2006 UNIFORM PLUMBING CODE (AMENDING
ORDINANCES NOS. 90-33,92-143,95-234,98-320,01-402, AND 04-465)
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, 2007; and
WHEREAS, the City has determined that it is necessary to protect the public heath, safety and welfare
by adopting the 2006 International Codes and the 2006 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 10,2007, and moved to forward the proposed Building Code amendment to Chapter 5 and
Chapter 8 of the Federal Way City Code to the full City Council;
Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Chapter 5 and Chapter 8 of the Federal Way City Code are amended to read as set forth to
this ordinance as Attachment A and Attachment B.
Section 2. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but no limited to, the correction of scrivener/clerical
errors, references, ordinance numbering, section/subsection numbers, and any references thereto.
Ord. No. 07-
, Page I
Section 3. 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 4. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 5. 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
,200_.
day of
CITY OF FEDERAL WAY
Mayor, Michael Park
ATTEST:
City Clerk, Laura Hathaway
APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No:
I:\DOCUMENT\2007 Building Code Change\2006 Building Codes Adoption Ordinance.doc
Ord. No. 07-
, Page 2
Federal Way City Code
ATTACHMENT A
Chapter 5
BUILDINGS AND BUILDING REGULATIONS
Articles:
I. In General
II. Administration
III. Building Construction Standards
IV. Five-Story Wood Frame Type VA Buildings
V. Plumbing Code
VI. Mechanical Code
VII. Existing Buildings International Property Maintenance Code
VIII. Swimming Pools - Hot Tubs - Spas
IX. Moving Buildings
X. Electrical Code
XI. Fire Code
Article I.
IN GENERAL
Sections:
5-1 Purpose.
5-2 Conflicts.
5-3 Interpretation.
5-4 Application and scope.
5-5 Copies of codes.
5-6 Appeals.
5-7 Enforcement (general).
5-8 - 5-35 Reserved.
5-1 Purpose.
The purpose of the codes and regulations adopted in this chapter are to provide for and promote the
health, safety and welfare of the general public, and not to create or otherwise establish or designate any
particular class or group of persons who will or should be especially protected or benefited by the terms
of these codes and regulations
5-2 Conflicts.
In case of conflict among the following adopted codes, the codes as numbered shall govern over those
following:
(1) International Building Code;
(2) International Residential Code;
(3) International Mechanical Code;
(4) International Fire Code;
(5) Uniform Plumbing Code.
5-3 Interpretation.
(a) Whenever the following words appear in the codes and regulations adopted by this chapter, they
shall be interpreted as follows:
(1) Administrative authority shall rnean the building official.
Page 1
Federal Way City Code
(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 tfle
Federal Way fire department South King Fire and Rescue.
(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.
5-4 Application and scope.
The provisions of this chapter shall apply to all new construction, relocated buildings, and to any
alterations, repairs or reconstruction, except as otherwise provided in this chapter.
5-5 Copies of codes.
The city shall, at all times, keep on file with the city clerk for reference by the general public not less
than one copy ofthe codes and regulations, or parts thereof, as are adopted by this chapter.
5-6 Appeals.
Any appeals of any decision rendered pursuant to this chapter, except decisions pertammg to
enforcement of this chapter, shall be made to a hearing examiner appointed by the city. Procedural rules
concerning appeals shall be as provided in process III of Chapter 22 FWCC, Zoning.
5-7 Enforcement (general).
All violations of the codes adopted under this chapter are herby determined to be detrimental to the
public health, safety, and welfare and are hereby declared public nuisances. Notwithstanding any
provision to the contrary, civil enforcement of the provisions of this aFtiele chapter and the terms and
conditions of any permit or approval issued pursuant to this aFtiele chapter 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 aFtiele
chapter.
5-8 - 5-35 Reserved.
Article II.
ADMINISTRATION
Sections:
5-36 Right of entry.
5-37 Authority to adopt rules and regulations.
5-38 Liability.
5-39 Deviations.
5-40 Additional conditions.
5-41 Appeals.
5 12 Enforcement (administration).
~ 5-42 - 5-65 Reserved.
5-36 Right of entry.
The building official or hislher designee shall have the right of entry, during usual business hours, to
inspect any and all buildings and premises in the performance ofhislher duties.
Page 2
Federal Way City Code
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 permits for structures conform to the requirements of this
chapter.
(2) Procedures to assure that these standards shall be reviewed as part of the subdivision, planned
unit development, rezone, conditional use and unclassified use permit processes.
(3) Procedures to assure that a report of fire protection impacts is subrnitted 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 NFP A 13R to be applied to all Rl and R2 occupancies.
(5) 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.
5-38 Liability.
(a) The express intent of the city council is that responsibility for compliance with the provisions of
this chapter in regard to fire protection availability to a specific development shall rest exclusively with
the permit applicant and their agents.
(b) The city council expressly recognizes there are limited public funds available for implementation
and enforcement of the provisions of this chapter and for the establishment of fire suppression capability
by the fire district. The city council recognizes that the level of services these public funds can support
must be balanced against the economic impact of the costs for these services. Consequently, the funds
appropriated for implementation and enforcement of the provisions of this chapter are those which, in the
judgment of the city council, best protect the overall health, safety and welfare interests of the public.
(c) This chapter shall not be construed as placing responsibility for assuring the adequacy of fire
protection services in the city or any officer, employee or agent of the city, the fire district, water
purveyor, employee or agent of the fire district or water purveyor. Procedures established pursuant to this
chapter are spot checks designed to foster and encourage compliance but are not guarantees or assurances
that permits or work undertaken pursuant to permits complies with all applicable provisions of the
chapter. It is the responsibility of the permit holder to comply with the procedures regarding the adequacy
of fire protection service.
5-39 Deviations.
The fire chief and building official their designee shall have the authority to approve deviations from
the standards established pursuant to this chapter when it is shown that the deviation would not
unreasonably reduce fire protection to the area or structures served.
5-40 Additional conditions.
(a) All conditions shall have the following wording in the recorded declaration of covenants and a
copy ofthe document shall be provided to the fire chief and the building official:
(1) In the event that any unit should be equipped with a sprinkler system, nothing shall be hung
from the sprinklers comprising a part of the system nor shall any such sprinklers be painted, covered or
otherwise changed, tampered with or altered.
(2) Prior to any alteration, amendment, modification or change thereof, the owners or their agents
will submit such proposed alteration, amendment, modification or change to the fire chief or designee for
his or her approval and agrees to comply with all applicable sprinkler requirements.
(b) The fire chief or designee retains the authority under Section 101.1 of the Uniform the
International Fire Code to impose additional conditions, including but not limited to increased setbacks,
use of fire retardant materials or standpipes where determined necessary to mitigate identified fire
protection impacts.
Page 3
Federal Way City Code
5-41 Appeals.
Appeals made from any ruling under this article, except rulings or decisions pertaining to
enforcement of this article, shall be pursuant to FWCC 5-6.
5 42 Enfereement (administration).
Notv:ithstanding any pro'/ision to the contrary, ci'/il enforcement of the provisions of this article and
the terms and conditions of any permit or approyal issued pursuant to this article shall be gO'/erned by
Chapter 1 FWCC, ,^.rtieIe III, Civil Enforcement of Code. Ci'lil enforcement is in addition to, and does
not limit any other forms of enforcement available to tbe city including, but not limited to, criminal
sanctions as specified herein or in Chapter 1 F'NCC, l\rticIes II, III, nuisance and injunction aetions, or
other civil actions.
S-43 5-42 - 5-65 Reserved.
Article III.
BUILDING CO~STRUCTION STANDARDS
Sections:
5-66 Building codes adopted.
5-67 Amendments.
5-68 Reserved.
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 51-11 WAC - Washington State Energy Code; and
(2) Chapter 51-13 WAC - Washington State Ventilation and Indoor Air Quality Code; and
(3) Chapter 51-50 WAC - State Building Code Adoption and Amendment of the ~ 2006
International Building Code; and
(4) Chapter 51-51 WAC - State Building Code Adoption and Amendment of the ~ 2006
International Residential Code; and
(b) Appendix Chapters F, G, I, and J of the International Building Code, ~ 2006 Edition, and
Appendix Chapters Hand J of the International Residential Code, ~ 2006 Edition; both published by
the International Code Council.
5-67 Amendments.
The following amendments to the Code adopted in FWCC 5-66 are hereby adopted:
(1) Section RI05.2 is amended to read as follows:
Work exempt from permit. Permits shall not be required for the following activities
except when the work occurs in a rel!ulated area. includinl! but not limited to steen
slooes. critical areas. buffers and wetlands. Exemption from permit requirements of
this code shall not be deemed to grant authorization for any work to be done in any
manner in violation of the provisions of this code or any other laws or ordinances of
this iurisdiction.
(2) Section R105.2 item 1 is amended to read as follows:
One-story detached accessory structures used as tool and storage sheds, playhouses
and similar uses, provided the floor are does not exceed 200 square feet (11.15 sq.
!!t:LC.L8.58 sa. m.t
Page 4
Federal Way City Code
ill W Sections 105.3.2 and R105.3.2 are amended in their entirety to read as follows:
(a) Timc limitstien of application. 1^~pplications for building permits which have not
been approved (when appropriate) by the comml.H1ity development services
department, building and planning divisions; public works department, developrnent
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. 1^.ny
days the application is under r-eview for the state environmental polioy act (SEP A)
shall not be included in the allotted 21 months. One ~,tension may be granted f-or up
to 12 months if that extension period 'liould fall within the same code cycle. Expired
applications that are eligible for such extension may be renewed for a period not
exceeding that time remaining 'Nithin the 12 month period. Such expired applications
oan be rene'Ned for one half the amount of the origiflal applicatien fee or an amount
determined by the building official, not to exceed one half the original application
fee. 1^.ll extensions shall be requested in '.vriting.
1^. flew, oomplete 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.
An application for a permit for any proposed work shall be deemed abandoned 180
days after the date of filing, unless such application has been pursued in good faith or
a permit has been issued; except that the building official is authorized to grant one or
more extensions of time for additional periods not exceeding W 180 days each. The
extension shall be requested in writing and iustifiable cause demonstrated.
~ @ Sections 106.1.1 and R106.l.l are amended and supplemented by the addition of a new
second paragraph to read as follows:
The applicant must supply as much information as required to provide an accurate
environmental disclosure.
(41 ill Sections 106.4 and R106.4 are amended and supplemented by the addition of new sections
to be known as 106.4.1 and R106.4.l, 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 sections 108 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.
e1 @ Sections 110.1 and RllO.l are amended and supplemented by the addition of a 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 shall not be occupied until such
permit has written final approval from the building inspector as authorized by the
building official.
E81 ill Sections 110.3 and RllO.3 are amended in their entirety to read as follows:
T~mf.H~fln')' €ltle~an~)". TR~ lmilding €lf:fi~ial is auth€lriz~d t€l i88lt~ a t~~€lfary
lHll'ti:fitlat~ €lf €ltHlltplmll)" \;J~fuJf~ th~ ll€lmplllti€ln €lf th~ ~mirll \\'€lr>J; tl€l':{Jr~€l \;J:J. the
Page 5
Federal Way City Code
}Hlmlit, pnl':idlld that 8E1llh p€lrti€lR €lr p€lrti€lR8 8hallllll €llHmpilld 8afely. Th@ llElildiRg
€lfMllial 8hall set a tim@ pllTI€ld dtlriRg ',,,hi@h thll tllmp€l1af)' llllrtiMllatll €lf €lBllliplm€l)' i8
~
Limited Access Agreement. Limited use may be granted for any building not yet
issued a Certificate of Occupancy pursuant to sections 110.1 or R110.l through a
properly executed Limited Access Agreement. Such agreement shall be signed by the
legally identified corporate officer or property O'NIler having authority to represent
the corporation or property owner in such agreemeIlts or contraets, ana the City
MaIlager; as Ilegotiated and reoommended by the building official Elf their designee
and according to city polioy.
(8) Sections 112.1 and Rll2.1 are amended in their entirety to read as follows:
CllRllfal. In €lfth~r t€l h@ar Imd d@@idll ~pllals €lf €lrdllFB, dll@isi€lR8 €lr Bllt@m1iRati€lRS
maBllB~' thB BliilBiRg €lfMllial f@lati':@ t€l thB ~J3lillati€lR 1mB iRt@ll3rlltati€lli €lf thi8
Il€lBll, th€lfll ooall Bll 1mB is her@BJ' llf@atllB a 8€lal'B €lf ~pBals. The 8€lMB 8f appllals
8hall BB ~p8iRtBg BJ' thll g€l':€lmiRg 8€lB~' aRg shall ft€llB €lfMll@ at its ph~a8W'@. Th@
B8anl shall aB€lJ3t ml@s €lf pf€l@@Bw:-ll f8r ll€lliOOlltilig its B\:isiliess.
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.
(9) Sections 112.2 and Rl12.2 are amended in their entirety to read as follows:
l..imitati€lli8 8li alltft.€lrit:,.. 1&1. ~plillati8li f0r apJ3@al sh.alllle Ba8@B 8li a claim that th@
tfi:l@ iftt€lftt €lf thi8 B8g@ €lr th@ mles l@gall~' aB8pteB tft@rll lm.B€lf ha':@ Bllllli m@€lN@lltly
ilitllll3l'lltllB, tftll pr8':isi€llis @fthis e€lBll B€lli€lt flilly appl~,. 8r 1m @tlliallJ' g8€lB 8f B@!t@r
f-81"m. 8f 118li8Wllti8ft is pr8p8S@g. n@ 88Md sftall ftW:B ft8 8lith8rity t8 '::ai\'ll
1@tllii1@m@ftt8 8f this @8d@.
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 any requirements of this Code.
(0) Sections 112.3 and Rl12.3 are deleted in their entirety.
QlialiMllati8liS. Th@ 8€lard €lf ~p@als 8ftall @€lftBi8t €lf ID@IDBef8 '::h€l arB tllialiM@B BY
@J~@rillliCll anB traiftiftg t€l pass 8ft mattllfs pertailiiRg t8 8liilBilig 118liSiPHcti8li 1mB Mll
R8t @IDp18Yllll8 8f th@ jl:lfisgi@ti8R.
~!.l.D Sections 113.2 and Rl13.2 are amended in their entirety to read as follows:
}I 8ti@@ 8f'li8Iati8R. Thll llliilBiRg 8fMcial i8 alitk8FizllB t8 Slly:ll R8ticll 8f ':i8lati8li 8f
81B€lf 8li thll pllf8€lli f@sp8RsiBl@ :t7IH th@ @1@@ti8li, @8RSirollti8R, alt@fati8li, @JH:€lftsi8li,
f@plMr, m€l':ilig, r@m€l':al, d@m8liti8li €lr 8@llliflalill;,' €lf a BliilBilig 8f siPHllmr@ ili
':i€llati€lli €lf thB p18':isi8Rs 8fthis @8g@, €lr ili ':i8lati8R 8fa pllm1it 8r ll€lrtiM@at@ issli@g
lm.Ber th@ pr8';isi8RS €lf thi8 Il€lBe. Sli@h 8fB€lr shall Bifllllt the Bi8@8RtiRli8ft@1l 8f th@
ill@gal 811ti8ft 8f @€lftgiti€lR aRd the allatllMllRt 8f thll ':i€llati€lR.
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.
EB {ill Sections 114.1 and R 114.1 are amended in their entirety to read as follows:
Page 6
Federal Way City Code
.~.MtlU~rity. ~,Vhgftiln'!r thil lmildiftg gf:kgial :kftd8 aft)' "::grk fggldatild bj' tfti8 ggdg
biliftg IHlrfgFmild ift a IDamiilr ilitftgr g€JfttfafY tg thil prg",'i8i€lft8 €If thi8 g€lag €Ir
aaftg@r€lM8 €If oo8afil, tftilbMilaiftg €If:kgial i8 autft€lFizila t€l i88ttg a 8tl~p "::€II'll €Ira€lr.
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
issuance of an order to cease activity pursuant to the FWCC 1-16.
(13) Sections 114.2 and Rl14.2 are amended to read as follows:
Issuance. The stop work order to cease activity shall be in writing and given to the
owner of the property involved, or to the owner's agent, or to the person doing the
work. Upon issuance of a stop work order to cease activity, the cited weFk activity
shall immediately cease. The stop v+'Ork order to cease activity shall state the reason
for the order, and the conditions under which the cited weFk activity will be permitted
to resume.
(14) Sections 114.3 and Rl14.3 are amended to read as follows:
Unlawful continuance. Any person who shall continue any weFk activity after having
been served with a stop worlc order to cease activity, except such work as that person
is directed to perform to remove a violation or unsafe condition, shall be subiect to
penalties as prescribed by law.
fW1 Qi) Section 1008.1.8.3 is amended by the deletion of exception 2.1 is deleted.
(16) Section R3l3 .2.1 is amended by the addition of Exception 3 to read as follows:
Remodels which do not add bedrooms and have a construction valuation of less than
$5,000.00 may use battery operated smoke alarms in existing areas of the structure
which are not affected by the permitted work.
f9j D..Zl Sections 1807.4.3 and R405.:.l are amended and supplemented in their entirety to read as
follows:
Dfaiftag€l di8€lhafg€l. Thg :Q€I€lf ba8i.! ana f-8oo8ati€lft pilFim€ltgr m-aift 8hall aigghafg€lby
gr&-~:ity €If mgghanigal mglmg iftt€l 1m tlJ1pF€I";ga araiftagil 8)'8tgm that g€lmpligg ".vitft tft€l
Intilmati€lftal Phlmbiftg C€lag.
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 miflimum size of not
be less than four inches in diameter. 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.
Article IV.
FIVE-STORY WOOD FRAJ\fE TYPE VA BUILDINGS
Sections:
5-69 Purpose - General.
Page 7
Federal Way City Code
5-70 Construction.
5-71 Occupancy.
5-72 Stair enclosures.
5-73 Fire detection and protection.
5-74 Height.
5-75 Basic allowable floor area.
5-76 Fire department access.
5-77 Construction inspection.
5-78 Maintenance of fire protection systems.
5-79 - 5-90 Reserved.
5-69 Purpose - General.
The purpose of this article is to authorize the construction of five-story wood frame Type V A
buildings as an approved alternate design and construction rnethod under Section 104.2.8 of the ;woo.
2006 Edition of the 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 Type VA building.
5- 70 Construction.
(a) International Building Code requirements. Five-story wood frame Type V A buildings must
comply with all requirements of the International Building Code, except as modified or supplemented by
this article. In the event of a conflict between the 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 A) shall have the same meaning as set forth in the International Building
Code.
(b) Lowest story construction requirements. The lowest story in a five-story wood frame type V A
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 Type V A building shall be
constructed of at least Type VA fire-resistive construction.
(d) Use of Type VA above Type I construction. Where Type V A wood frame stories are
constructed over Type I construction, the Type V A stories shall be separated from the Type I stories with
a horizontal assembly having a minimum three-hour fire-resistance rating as provided in the International
Building Code Section 311.2.2.1 509.2 (2003 Edition) of the 2006 Edition as presently eenstimted or as
may be subsequently amended.
5-71 Occupancy.
(a) Occupancy of five-story wood frame Tvpe V A buildings shall be allowed as provided in Table
503, International Building Code, ;woo. 2006 Edition, as presently constituted or as may be subsequently
amended, except that B, M, and R-l occupancies shall be allowed on any floor.
(b) Occupancy shall have the same meaning as set forth in the ;woo. 2006 Edition of the International
Building Code as presently constituted or as may be subsequently amended.
5- 72 Stair enclosures.
Where buildings are designed and constructed pursuant to this section, all stair enclosures shall be of
two-hour fire-resistive construction with one-and-one-half-hour opening protection. All buildings
constructed in accordance with this Section shall be provided a minimum of one elevator with a car which
complies with Section 3002.4 of the 2006 Edition of the International Building Code. Elevators shall be
enclosed in shafts with the same fire resistive requirements as stair enclosures set forth above. Elevator
hoistwavs shall be ventilated in accordance with Sections 3004.2 through 3004.5 of the 2006 Edition of
the International Building Code.
Page 8
Federal Way City Code
5-73 Fire detection and protection.
(a) Five-story '-'food frame Tvpe V A buildings shall be protected throughout by an automatic fire
sprinkler system complying with the International Building Code and International Fire Code as detailed
in the Standard known as NFPA 13, as set forth and contained in the ;WW 2006 Editions of the
International Building and Fire Codes and as amended by the State Building Code, as presently
constituted or as hereinafter amended. 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 Type V A
construction may be permitted.
(b) All stair enclosures and elevator shafts shall be pressurized as set forth in the 2006 Edition of the
International Building Code Section~ 9()9 707.14.2.1 through 707.14.2.5, as presently constituted or as
may be subsequently amended. In addition, a class I standpipe system as required by International
Building Code Section 905 and the Standard known as NFPA 14, as presently constituted or as may be
subsequently amended, shall be installed.
(c) A standby power-generator set shall be provided on the premises in accordance with the ;WW
2006 International Building Code Section 403.10 and the ~ 2005 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 emergency lighting. stair enclosures, an elevator shaft pressurization, and elevators.
(d) A monitored manual and automatic fire detection system, subject to the approval of the fire effief
code official, shall be installed throughout the building and provide alarm, trouble and supervisory
monitoring of the automatic fire sprinkler system. Monitoring equipment and controls shall be located in
a location approved by the fire code official.
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 ;WW 2006 International Building Code as presently
constituted or hereafter amended.
Buildings constructed under this article shall also be subject to the requirements of Chapter g F'.VCC
Section 403 pertaining to high-rise buildings, as applicable.
5-75 Basic allowable floor area.
The basic allowable area of floors of five-story '.vood frame Type V A buildings shall be as
allowed in Tables 503 thrOl:lgh 505, and section 506 of the International Building Code, ~ 2006
Edition, as presently constituted or as may be subsequently amended, plus 25 pereent. For the purpose of
this article only. the total allowable area as calculated subject to the above referenced table and sections
may be increased by 25 percent (25%).
5-76 Fire department access.
Site design for any five-story wood framed Type V A building shall include access sufficient for fire
department vehicles, as determined by the fire effief code official and building official. Fire department
vehicle access shall be documented on site and on building plans.
5-77 Construction inspection.
The following shall be required for buildings designed and constructed pursuant to this section:
(1) Structural observation provided by the engineer of record for structural frame elements; and
(2) Special inspections as required in the ~ 2006 International Building Code, as presently
constructed or as hereafter amended.
(3) All other inspections shall be in strict accordance with other applicable codes.
(4) Structural observation documents stamped by the engineer of record and all special inspection
reports shall be submitted to the Federal Way building division prior to the issuance of a certificate of
occupancy.
Page 9
Federal Way City Code
5-78 Maintenance of fire protection systems.
The owners of five-story 'Nood frame Type V A structures shall maintain the fire and life-safety
systems required by the International Building Code and the Federal Way City Code in an operable
condition at all times. Unless otherwise required by the fire effief code official, 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 code official and be available to the inspection authority.
5-79 - 5-90 Reserved.
Article V.
PLUMBING CODE
Sections:
Division 1. Generally
5-91 Appeals.
5 92 Enforeement.
~ 5-92 - 5-100 Reserved.
Division 2. Permit
5-101 To whom issued.
5-102 - 5-115 Reserved.
Division 3. Standards
5-116 Plumbing code adopted.
5-117 Amendments.
5-118 County rules and regulations adopted relating to on-site sewage disposal systems.
5-119 - 5-140 Reserved.
Division 1. Generally
5-91 Appeals.
Appeals made from any ruling under this article, except rulings or decisions pertaining to
enforcement of this article, shall be pursuant to FWCC 5-6.
5 92 Enforeement (plumbing eode).
Notwithstanding any pro'/ision to the eontrary, eivil enforcement of the provisions of this artiele and
the terms and eonditions of any permit or appreval issued pursuant to this artiele shall be governed by
Chapter 1 FWCC, "^uticle III, Civil Enforeement of Code. Civil enf-oreement is in addition to, and does
not limit any other forms of enforeement available to the city in eluding, but not limited to, eriminal
sanetions as specified herein or in Chapter 1 FWCC, .t-.rticles II, III, nuisanee and injtmetion aetions, or
other ei'/il or equitable actions to abate, diseontinue, eorreet or discolH"age unlawful aets in violation of
this article.
~ 5-92 - 5-100 Reserved.
Division 2. Permit
5-101 To whom issued.
Page 10
Federal Way City Code
A permit may be issued under this division to a properly licensed person in conformance with current
state contractor licensing laws, Chapter 18.27 RCW. A licensed general contractor or owner shall be
issued a plumbing permit as a portion of the required building permit when approved plans indicate
plumbing fixtures.
5-102 - 5-115 Reserved.
Division 3. Standards
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;
(1) The following chapters of the Washington Administrative Code as presently constituted or as
may be subsequently amended:
a. Chapter 51-56 - State Building Code Adoption and Amendment of the ~ 2006 Edition
of the Uniform Plumbing Code; except Section 701.1 which is adopted without state amendment; and
b. Chapter 51-57 - State Building Code Adoption and Amendment of the ~ 2006 Edition
of the Uniform Plumbing Code Standards.
(2) The ~ 2006 Uniform Plumbing Code as presently constituted or as may be subsequently
amended; provided, that in the event of conflicts with the State Plumbing Code adoption of the Uniform
Plumbing Code, the state code will prevail. Such conflicts will be reviewed and a determination issued by
the building official or their designee.
5-117 Amendments.
The following amendments to the provisions of the plumbing code adopted in FWCC 5-116 are
hereby adopted:
(1) Uniform Plumbing Code Chapter 6, Water Supply and Distribution - Amended. Chapter 6 of
the Uniform Plumbing Code, as adopted by this chapter, is here by amended by the addition of a new
section:
Section 612. Adoption of state regulations. Rules and regulations of the state board of
health regarding public water supplies, entitled "Cross Connection Control
Regulation in Washington State" WAC 248-54-250 through 248-54-500, and the
American Water Works Association, Pacific Northwest Section's Second Edition of
"Accepted Procedure and Practice in Cross-Connection manual" as they presently
exist and as they may, from time to time, be amended in the future, are hereby
adopted by this reference as if set forth in full.
~ ill Section 103.2 is amended and supplemented by the addition of a new subsection 103.2.4
to read as follows:
103.2.4 Amended construction 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).
(4t ill Section 103.4~ is amended in its entirety to read as follows:
P@l"m.it F@@s. F@@8 8halll'Hl a88@ss@d iR 8.@@€lrd8.R@@ '::ith th@ JH'€l':isi€lR8 €lf this 8@@ti€lR
8.lid 8.S 8@t f€lfth iR th@ f@@ s@ft@€hd@ Tal:ll@ 1.1. Th@ fe@s al'@ t€l l:l@ d@t@l"m.iR@d 8.lid
8.d€lpt@d l:l:," this jtu'i8€li@ti€lR.
-J..()J.A. Fees. Fees are to be paid in accordance with the provisions contained in
International Building Code Sections 108.1, 108.2, and 108.4 through 108.6, and the
Page] I
Federal Way City Code
fee schedule set by resolution and on file in the city clerk's office, as now exists or is
hereafter amended, deleted, added to, or modified.
~ ill Section 103.3.4 is amended in its entirety to read as follows:
(a) Time limitatie]1 of e.pplieatien. .\pplications for building permits which have not
been approved (when appropriate) by the community development serviees
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 applieation date
shall expire by limitation and become null and yoid if ne peffiHt has been issued. ..^illy
days the application is under review for the state etr.ironmental policy act (8EP.^...)
shall not be ine1uded in the allotted 24 months. One extension may be gnmted f-or up
to 12 months if that extension period 'lIould fall within the same eode eyele. Expired
applieations that are eligible for such extension may be reney/ed for a period not
exeeeding that time remaining within the 12 moJrth period. 8ueh expired applications
can be renewed for one half the amount of the original applieatioR fee er an ameunt
determined by the building official, not to exoeed one half the original apfllieation
fee. .\11 extensions shall be requested in writing.
A new, complete permit applieation and full fees must be submitted to restart the
re'liew proeess on any expired application that cannet be extended. The new
application date is the date of the new submittal.
Expiration. Every permit issued by the Authority Having Jwisdietion under the
pro'lisions of this code shall expire by limitation and become Bull and '/oid if shall
become invalid unless the work on the site authorized bv such nermit is net
commenced within one hundred eighty (180j days after its issuance, frem the date of
sueh pcnnit, or if the work authorized on the site by such permit is suspended or
abandoned at any time after 'l.ork is eommenced for a period of one hundred eighty
f180~ days after the time the work is commenced. Before sueh ','lork ean be
reeommenced, a neVl permit shall first be obtained te de se, and the fee therefore
shall be one half the amount required for a new permit for such werle, provided no
changes haye been made or will be made in the original plaBs and specifications for
sueh ','lork, and vro'lided further that the sUsPensioB or abandonment has not
exceeded one year.
f.nv permittee holding an unexpired permit may apply for an extension ef the time
within 'l.hich the '.vode ma'! eommence under the permit wheB the permittee is unable
to commence the work vlithin the time required by this sectien f-or good and
satisfactory reasons. The ..^.uthoritv Having Jwisdiction buildinl! official is authorized
to !!rant. in writinl!. one or more may extend the extensions of time. for aotion by the
permittee for a periods not more than exceeding one hundred eighty (l8Oi days ~.
upon 'l.ritten request by the permittee showing that circumstances beyend the control
of the permittee have prevented aotion from being taken. No permit shall be extended
more than once The extension shall be requested in writinl! and a Justifiable cause
demonstrated. In order to renew action on a permit after expiration, the permittee
annlicant shall pay a new full permit fee.
rn ill Section 103.4.3 is amended in its entirety to read as follows:
b) Expiration. Every permit issued by the building official ooder the provisions of
this chapter shall expire and become null and void if the v/Orle authorized by such
permit is not commenced and completed within 21 months. One extension may be
Page 12
Federal Way City Code
granted for up to 12 months if that extension period \vould fall '.vithin the same code
cyele. Expired pennits that are eligible for such extension may be renewed for a
period not exceeding that time remaining within the 12 month period. Such expired
permits ean be renewed for one half the amount of the original application fee, or an
amount determined by the building official, not to exeeed one half the original pennit
fee. ,^Jl extensions shall be requested in '.\Titing.
^ ne'N, eomplete permit applioation and full fees must be submitted to reeommenee
v,'Ork on any expired permit that cannot be extended. The building official may
evaluate the work not 00mpleted under the expired permit and issue to the applioant a
revised soope of ","ock to be submitted for the new application.
E~if'tililm of pkm nr:i811'. :\:t3Jllil'lati€lns f-€lr ';:hil'lft n€l J'l€lrmit is iSBMl'lg ',dthill €llll'l
lRm.€k@g @ight)' (1 gQ) gaJ's f€lll€l';.illg th@ gatl'l €lf aJ'lflIi l'lati€lll sftan l'l]~ir@ by limitati€lJl,
Img flllmB Img €lth@I' €lata sMbmittl'lg f€lr r@;'i@':: ma:," th@I'@aft€lr b@ rl'lRim@g t€l tlH~
~Jlli@aJlt €lr g@strB)'@g b:," th@ .^.<ttth€lrit:," IIa7illg JlWisgi@ti€lll. Th@ A-tith€lrit:,. IIa':1llg
Jm-isgil'lti€lll ma)' l'lHl'l@@g tft@ tim@ f€lr al'lti€ln b:,' th@ ~Jlli@lmt fBI' a J'l@F'iBg Bf BJl@
hoogl'@g @ight)' (HQ) ga:,'s MJlBJl!'@{}M@St by th@ aflJ'llil'l8lit Bft€l';;iJlg that l'lif@\imBtlml'l@B
b@YBJlg th@ l'lBM€ll Bf the ~fllil'laJlt ha':@ J'll'l'l':@Jlt@g a@tiBJl KBm b@illg tah@Jl. NB
~fllil'lati€lJl sftan b@ @nt@Jlg@g mB!'@ than Blll'l@. In Bfg@r iB F@Jl@';: al'ltiBn BJl 8Ii
~Jllil'lati€lJl aft@r @]~ifatiBIl, th@ aflfllil'llmt shall !'@sMbmit fll8lis Img fla:," a Jl@';: J'lllm
rtr,~8..-.p f€l8.
Time limitation of application. An application for a permit for any proposed work
shall be deemed to have been abandoned 180 days after the date of filing, unless such
application has been pursued in good faith or a permit has been issued: except that
the building official is authorized to grant one or more extensions of time for
additional periods not exceeding 180 days each. The extension shall be requested in
writing and iustifiable cause demonstrated. 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 ofthe new submittal.
5-118 County rules and regulations adopted relating to on-site sewage disposal systems.
In areas not served by sanitary sewers as required in this Code, septic tanks and drainfields
conforming to the most current adopted rules and regulations of the county board of health shall be
installed.
5-119 - 5-140 Reserved.
Article VI.
MECHANICAL CODE
Sections:
5-141 Code adopted.
5-142 Amendments.
5-143 Appeals.
5-144 - 5-165 Reserved.
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:
(1) The following chapters of the Washington Administrative Code as presently constituted or as
may be subsequently amended:
Page] 3
Federal Way City Code
a. Chapter 51-52 WAC - State Building Code Adoption and Amendment of the ~ 2006
Edition of the International Mechanical Code and of the ~ 2006 Edition of the International Fuel Gas
Code.
5-142 Amendments.
The following amendments to the mechanical code adopted in FWCC 5-141 are hereby adopted:
(1) /~ new Section 106.3"'; is added is amended and supplemented by the addition of a new
subsection 106.3.2 to read as follows:
(a) Timc limikltisn sf sppUcfltian. .^~pplioations for meohanical and fuel gas permits
whioh have not been approved (when appropriate) by commuflity development
servioes department, building and planning di':isions; publio ',vorks department,
development servioes and traffio di'lisions; Federal "Way fire department, fIi'e
preyention diyision or King County health department within 21 months follo',ving
the application date shall expire by limitation and beoome null and yoid if no flermit
has been issued. :\ny days the applioation is under reyiew for the state environmental
polioy aot (8EP A) shall not be included in the allotted 21 months. One e~(tension FRay
~e granted for up to 12 months if that extension period would fall '.vithin the sa-FRe
oode oycle. Expired applications that are eligible for suoh extension may be renewed
for a period not exoeeding that time remaining within the 12 month period. Sueh
expired applications can be renew"ed for one half the amount ef the eriginal
applioation fee or an amount determined by the building offieial, net to exeeed one
half the original applioation fee. All extensions shall be requested in writing.
.^~ new, eomplete peml:it apfllieation and full fees must be submitted te restart the
revie\v prooess on any e~(pired application that oaflflOt be extended. The flew
application date is the date of the ne',v submittal.
Time limitation of application. An application for a permit for any proposed work
shall be deemed to have been abandoned 180 days after the date of filing, unless such
application has been pursued in good faith or a permit has been issued; except that
the building official is authorized to grant one or more extensions of time for
additional periods not exceeding 180 days each. The extension shall be requested in
writing and iustifIable cause demonstrated. 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.
(2) Section 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 Code Section 5-67(4).
(3) Section 106.4.3 is amended in its entirety to read as follows:
(b) Expiration. E':ef)' permit issued by the building official under the proyisions of
this ohapter shall expire and beoome null and void if the ',york aathorized by suoh
permit is not commenoed and oompleted ',vithin 21 months. One extension may be
granted for up to 12 months if that extension period would fall within the same oode
oycle. Expired permits that are eligible for suoh extension may be renewed for a
period not exoeeding that time remaining within the 12 month period. Such expired
permits oan be renewed for one half the amount of the original permit fee, or an
amount determined by the building official, not to exoeed one half the original permit
fee. ,^.II extensions shall be requested in writing.
Page 14
Federal Way City Code
A ne,v, complete permit application and full fees must be submitted to recommence
',vode 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.
EJ:pifati€Hl. E':€lry }HJFD.1it iS8Y€ld bJ' th€l @€ld€l €lfM@ial Wld@r tH@ pr€l':isi€lns €lf this @€ld€l
SHall @Jlpir€l by limitati€ln fmd b€l€l€lm@ nyll fmd ':€lid if th@ -::€lfk ayth€lFtg€ld b:,' SY@H
p@rmit is n€lt @€lftlm€ln@@d ',vithin 1 gg d&j's fr€lm th€l dat@ €If SY@H p@Fm.it, €lr if th€l '."€lrk
aYth€lflg€ld bJ' SY@H pfmnit is sY8p€lnd@d €lr oofmd€ln@d at any tim€l aft@r th@ ';:€lrk is
@€lmm@n@@d f-€lr a p@F'i€ld €lf 1 gg d&j's. E@!(H€l Sy@h ';:€lr,}: r@@€lmm@n@€lS, a n@';: p@Fftlit
shall b€l MfSt €lbtain@d and th@ fe@, th@r@f€lr@, shall b@ €ln@ Half the am€lynt r@ttYir€ld f€lr
a n@'.': p€lrmit f€lf SY€lh ';:€lrl~, pr€l':id€ld n€l ha':€l b@@n mad€l €lr ';:ill b@ made in the
€lriginal @€lnSn@M€ln d€l@!iftl@nts fur Sy@h '-':€lfk, and pr€l':id@d ftlftft@r that 8Y@H
Sysp€lJl.si€ln €lf OOtm8€lftftU1nt has n€lt @n@€l@d@d €ln@ J'@at'.
Exviration. Every permit issued shall become invalid unless the work on the site
authorized by such permit is commenced within 180 days after issuance, or if the
work authorized on the site by such permit is suspended or abandoned for a period of
180 days after the time the work is commenced. The building official is authorized to
grant, in writing, one or more extensions of time, for periods not more than 180 days
each. The extension shall be requested in writing and iustifiable cause demonstrated.
In order to renew action on a permit after expiration, the permittee shall pay a new
full permit fee.
(4) Section 106.5.2 is amended in its emirety to read as follows:
Fee schedule. The fees for mechanical work shall be as indicated in the following
schedule:
UJ6.5.2 Pec schedule. Fees are to be paid in accordance with the provisions contained
in International Building Code 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 hereafter amended, deleted, added to, or modified.
(5) Section 301.7 is amended and supplemented by the addition of a new subsection 301.7.1 to
read as follows:
301.7.1 Means of Disconnect. An approved, independent means of disconnect for the
electrical supply to each 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.
5-143 Appeals.
Appeals made from any ruling under this article, except rulings or decisions pertaining to
enforcement of this article, shall be pursuant to FWCC 5-6.
5-144 - 5-165 Reserved.
Article VII.
EXISTINC BUILDINCS INTERNATIONAL PROPERTY MAINTENANCE CODE
Sections:
5-166 Codes adopted.
5-167 Appeals.
Page 15
Federal Way City Code
5-168 Amendments - International Property Maintenance Code.
5-169 - 5-215 Reserved.
5-166 Codes adopted.
The following code, as presently constituted or as may be subsequently arnended, is adopted 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:
(1) 2003 Edition of the International Existing Building Code; and
~ ill ;WW 2006 Edition of the International Property Maintenance Code, except Sections +%;
111,303,307,308, and 507 are not adopted.
5-167 Appeals.
Appeals made from any ruling under this article, except rulings or decisions pertaining to
enforcement of this article or any of the codes adopted hereunder, shall be pursuant to FWCC 5-6.
5-168 Amendments - International Property Maintenance Code.
The following amendments to the Code adopted in FWCC 5-166 are hereby adopted:
(a) Section 102.3 is amended to read as follows:
Section 102.3 Application fe gf 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, International Fuel Gas Code.
International Mechanical Code. Uniform Plumbing Code and the NEC Electrical
Code. and Chapter 1 F\VCC, }utiole III, Civil Enforoement ef Code. In the eveRt of a
oonfliot between the applioable provisions of this Code and Chapter 1 FWCC, Artisle
III, the more restriotive shall apply. Nothing in this code shall be construed to cancel,
modify or set aside any provision of the Inte:matiBRal ZBRiRg CBae Federal Way City
Code.
(b) Section 103 is amended to read as follows:
Section 103.5 is deleted in its entirety.
(c) Sections 106.1 through 106.5 are deleted in their entirety.
W @ Section 107 J. 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 section 107.2 and
~ the applicable provisions of the Federal Way City Code Chapter 1, Article III,
Civil Enforcement of Code tB the perSBR t@r th@ -.iBlatiBR as sfl@llifiea iH this eBae.
l'IBti@es t@r eBHaeIDllaMBR prBeeaUfes sRallalsB €lBmpl~,. ":lith Se€ltiBH lQg.3.
(e) Section 107.2 is amended to read as follows:
Section J()7.2 Form. Such notice prescribed in Section 107.1 shall be in accordance
with all Bf the fBllB-.",iHg 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 building dangerous
under the provisions of section 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:
Page 1 6
Federal Way City Code
(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.
ill Delete subsection Sections 107.3 - 107.4 are deleted in their entirety.
f€B (g} Section 108.1 is amended to read as follows:
-J.O&.-J. 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 lH~l1lh~mJHHI closed pursuant to the provisions of this code.
(ej ill Section 108.2 is amended to read as follows:
.J.()&J Closing 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 a plaeanl @f e@l1semRati@l1 @11 the premises the structure "Do
Not Occunv" 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.
ft) ill Section 108.3 is amended and supplemented to read as follows:
.J..O&.J Notice. Whenever the code official has e@l1silmnes closed a structure or locked
illll equipment under the provisions of. this section, notice shall be posted in a
conspicuous place in, Q1l 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 SiH~ti€ll1 Hr7.3 FWCC Chapter 1, Article III. I+=tOO
l1@tille JH~l'tai11S t@ e€}lt~mll11t, it shall als@ ~e plaees @11 the e@l1sllmnes e€}ltipme11t.
The notice shall be in the form prescribed in section 107.2.
Everv notice to vacate shall be issued. served and nosted as an order to cease activity
under FWCC 1-16.
fgt ill Section 108.4 is amended and supplemented to read as follows:
.J-O&.4 Placarding. 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
~ of the premises @r @11 sllfceti':ll ll€}mpmellt a placard ~llaFi11g the '::@fS
e€lftSllmRllS indicatillll that the buildinll is not fit for occunancv and a statllmll11t €If thll
peftaltillB pf€l,'islls fur €I1111ltpyi11g thll pfemislls, @peratmg thll e€}liipmll11t @r rllm@vi11g
the plallars other information determined relevant by the building official.
(k) Section 108.4.1 is amended to read as follows:
108.1.1 Placard removal. The code official shall remove the e@l1sllmnati@l1 placard
nosted in accordance with the Drovisions of section 108 whenever the defect or
defects upon which the e€ll1Sem.Jlati€ll1 aRS plall!Wsi11g action W@f@ was based have
been eliminated. 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 sct
forth in FWCC Chanter 1 Article II and III.
W ill Add Section 108.6 to read as follows:
Page 1 7
Federal Way City Code
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 building 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 requiring repair;
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.
fB em) .\mend Section 202 is amended to read as follows:
Delete the definitions of GARBAGE, INOPERABLE MOTOR VEHICLE, AND
RUBBISH.
ffi fu} Section 301.2 is amended to read as follows:
~ 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. OlHlllptmt8 8f Ii a-::8lliRg
emit, r88miRg emit 8r h81188b(l@piRg emit M@ r@Bp8R8i~1@ f8f h@@piRg iR' Ii lll@8ft,
88ftitlir)" 8fta 8afe 88Raiti€lR that part €If th@ a-::@lliRg emit, f€l8DHRg llRit, h€l1l8@k@@pi:ng
Wiit 8f pr@mi8@8 -:.<m8h th@y 888~Y 8fta 8€1Rtf€ll.
W [Q} Section 302.4 is amended to read as follows:
Delete subseetion 302.1 in its entirety.
Weeds. All premises and exterior property shall be maintained free from weeds or
plant growth in excess of nine inches in height on development property or 24 inches
in height on vacant land. All noxious weeds shall b prohibited. Weeds shall be
defined as all grasses, annual plants and vegetation, other than trees or shrubs
provided: however, this term shall not include cultivated flowers and gardens.
Upon failure of the owner or agent having charge of a property to cut and destroy
weeds after service of a notice of violation, they shall be subiect to the Provisions of
FWCC Chaoter 1 Articles II & III. pr€l888milm iR 888€1fa8ft88 '::ith f;e8ti€lR 1 Qfi.3 8fta
a8 pr888ri~ea ~). th@ amh8rit:,. ha-:iRg jW'i8ai8ti€lR. Up€lR faihif8 t€l 8€1mpl:,' 7:itft the
R8ti88 €If ':i€llati€lR, aR:" aliI)' alltft8ril'J8a 8mpl€l)'ee €If th@ jtwi8ai8ti€lR 8f 88RMllt€lr
hirea ~j' the joo8ai8ti€lR shall ~@ allth8rizea t€l em:er ~8R th8 pf€lpeFty iR ':i€llati€lR
aRa 811t 8fta aestf8Y di@ '::88a8 gt'€l'.yiRg there€lR, 8fta the 118St 8f S1l8h femlr:al sRall ~e
paia ~y the €I',;,'fier 8r ageRt reBp8R8i~le t:0r the pr€lp8Ft)..
(1) Section 304 is amended to read as follows:
Delete subsections 304.2, 301.8, 301.9, 301.11 304.18 in their entirety.
5-169 - 5-215 Reserved.
Page 18
Federal Way City Code
Article VIII.
SWIMMING POOLS - HOT TUBS - SPAS
Sections:
5-216 Reserved.
5-217 Compliance required.
5-218 Enforcement.
5-219 Violations and penalties.
5-220 Satisfactory alternate.
5-221 Retroactive effect.
5-222 Fences and gates - Required.
5-223 Fences and gates - Waiver for inaccessibility.
5-224 Fences and gates - Covered pools.
5-225 Excavation walls - Distance from slope - Walkway.
5-226 Appeals.
5-227 - 5-245 Reserved.
5-216 Reserved.
5-217 Compliance required.
All plans submitted to the city for swimming pools to be constructed shall show compliance with the
requirements of this article, and final inspection and approval of all pools constructed shall be withheld
until all requirements of this article have been complied with.
5-218 Enforcement.
The building official is charged with the duty of enforcing this article and determining whether ~
violation has occurred. or not the pro'/isions and requirements elf this article have been eomplied 'Nith.
Civil enforcement of the provisions of this article and the tenl'l:S and conditions of any permit ar apflrelval
issued pursuant to this artiele shall be governed by Chapter 1 F\VCC, Miele III, Civil Enf-ereement of
Code. Civil enforeement is in addition to, and does not limit any other f-orms of enf-oreemeRt a'iailable to
the eity including, but not limited to, eriminal sanetions as speeified herein or in Chaflter 1 FWCC,
.:\rticles II, III, nuisanee and injunetion aetions, or other eivil or equitable aetions to abate, diseontinue,
eOffect or discourage unlav/ful aets in '/iolation of this artiele.
5-219 Violations and penalties.
Any person violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and
each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof,
during which any violation of any of the provisions of this article is committed, continued, or permitted,
and upon conviction of any such violation such person shall be punishable as provided in FWCC 1-13.
5-220 Satisfactory alternate.
Notwithstanding any precise requirements of this article, the building official may approve alternate
methods of protection and construction and maintenance of swimming pools, provided such alternate
methods meet the same essential surety requirements of this article, and it can be demonstrated that such
alternate methods are better suited because of peculiar or unusual circumstances and that it is not practical
to meet the precise requirements of this article. Any person who seeks to obtain approval of any such
alternate and who is denied approval by the building official may appeal his or her decision to a hearing
examiner appointed by the city for such purpose by filing a notice of appeal with the city clerk stating the
grounds for the appeal and requesting a hearing to review the decision by the building official. The
procedure for such appeal shall be as provided in process I of Chapter 22 FWCC, Zoning.
5-221 Retroactive effect.
Swimming pools, hot tubs and spas of a type subject to the provisions of this article which were in
Page 19
Federal Way City Code
existence prior to the effective date of the ordinance from which this article was derived and where not
provided with the safety requirement then in effect shall within six months from the effective date of this
article be brought into conformity with the provisions and requirements of this article. Swimming pools,
hot tubs and spas not brought into conformity within the period of time herein specified are hereby
declared to be a public nuisance and public hazard, and the owner of the premises upon which such pool
exists shall be subject to the penalties prescribed herein.
5-222 Fences and gates - Required.
(a) Every person whether as owner, purchaser under contract, lessee, tenant or licensee in possession
of land within the city upon which is situated a swimming pool, hot tub or spa in excess of 18 inches in
depth, including portable pools, shall at all times maintain on the lot or premises upon which such pool is
located and completely surrounding such pool, lot or premises, a fence or other solid structure designed to
prevent small children from inadvertently wandering into the pool. Such fence or other solid structure
shall be not less than five feet in height with no opening (other than doors or gates) except as follows:
(1) For a fence or other solid structure whose chief covering members are constructed in a vertical
direction, there shall be no openings in a horizontal direction of more than four inches. For a fence of this
type there shall be no more than three horizontal members.
(2) For a fence or other solid structure whose chief covering members are constructed in a
horizontal direction there shall be no openings in a vertical direction.
(3) All gates or doors opening through such enclosure shall be equipped with a self-closing and
self-latching device designated to keep, and capable of keeping, such door or gate securely closed at all
times when not in actual use and to prevent a small child from opening such door or gate; provided,
however, that the door of any dwelling occupied by human beings, and forming any part of such
enclosure, need not be so equipped.
(b) All latches or locking devices on doors or gates as required by this section shall be installed not
less than four feet, six inches, above the adjoining walks, steps or ground level. No self-closing gate
required by this section shall have a width in excess of four feet unless the design is specifically approved
by the city building official. In no event shall a gate which serves a driveway qualify as a self-closing gate
for the protection of swimming pools under the requirements of this section.
5-223 Fences and gates - Waiver for inaccessibility.
The requirements of this article relating to a fence or other solid structure surrounding a swimming
pool, hot tub or spa on all sides may be waived to the extent that the topographical features of the land
upon which the pool is constructed or is proposed to be constructed are such as to make the land
inaccessible and unapproachable from any portion thereof which is unfenced and unenclosed.
5-224 Fences and gates - Covered pools.
(a) All permanent swimming pool covers shall be considered adequate enclosure protection as
required in this article; provided, that:
(1) All exterior openings are constructed as required for gates;
(2) Exterior walls are solid and impenetrable. Pool cover structures shall conform to all
requirements of the city building code in effect at the time of construction.
(b) All hot tub and spa covers shall be considered adequate enclosure protection as required by this
article; provided, that when not in use, hot tubs or spas are covered by a solid cover capable of supporting
50 pounds.
5-225 Excavation walls - Distance from slope - Walkway.
(a) Swimming pool excavations and swimming pools partially completed shall be protected and
guarded against danger to life and property. Such excavations shall have walls of masonry or concrete of
sufficient strength to retain the embankment together with any surcharged loads. No swimming pool or
swimming pool excavation shall extend within one foot of the angle of repose or natural slope of the soil
under any footing or foundation unless:
Page 20
Federal Way City Code
(1) Such footings or foundations are first properly pinned or protected against settlement; or
(2) The swimming pool wall is designed, through rational engineering analysis, to support the
surcharge created by the building or structure resting on such footing or foundation.
(b) Notwithstanding the proximity of a swimming pool to a foundation or footing allowed by angle of
repose, there shall be permanently maintained walkways between buildings and a swimming pool of not
less than three feet in width. Diving boards and other permanently attached swimming pool accessories
constructed along the perimeter of the pool shall in the aggregate not exceed five percent of the perimeter
distance of the pool.
5-226 Appeals.
Appeals made from any ruling under this article, except rulings or decisions pertaining to
enforcement of this article, shall be pursuant to FWCC 5-6.
5-227 - 5-245 Reserved.
Article IX.
MOVING BUILDINGS
Sections:
5-246 Purpose and scope.
5-247 Definitions.
5-248 Classification of movements.
5-249 Permit required.
5-250 Application for permit.
5-251 Fees.
5-252 Deposits - Insurance.
5-253 Conditions for issuance of permits.
5-254 Escort.
5-255 Time.
5-256 Lights.
5-257 Notice to utilities.
5-258 Condition oflot.
5-259 Appeal process.
5-260 - 5-319 Reserved.
5-246 Purpose and scope.
It is the purpose of this article to establish standards, including minimum requirements for the moving
of all buildings and other structures within the corporate limits of the city, and to provide for the issuance
of a permit, collection of various fees, and inspectional services for all such movements.
5-247 Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Building shall mean and include every building, house, structure or other like object.
Housemover shall mean any person engaged in the business of moving houses, buildings, structures
or other like objects.
Substantially remodeled shall mean any building when the total cost of all alterations or repairs
(including without limitation electrical, mechanical, plumbing, and structural changes) to such building
completed during any l2-month period from the date of application to move a building exceeds 60
percent of the assessed value of the building for purposes of general taxation.
Page 21
Federal Way City Code
5-248 Classification of movements.
The movement of buildings under the provisions of this article shall be classified as follows:
(1) Class I move is the movement of any building from an origin outside the city to a destination
within the city;
(2) Class II move is the movement of any building from one point within the city to another point
within the city;
(3) Class III move is the movement of a building from a point within the city to a destination
outside the city; and
(4) Class IV move is the movement of any building through the city with both an origin and
destination outside the city.
5-249 Permit required.
No person shall move any building over, upon, along or across any public street without a written
permit therefor from the city for all such moves as classified and defined in this article.
5-250 Application for permit.
Application for a permit under this article shall be furnished by the city. The application for permit
shall contain, or have attached thereto the following information:
(1) Name and address of applicant;
(2) Location of building to be moved (present address if assigned);
(3) Location of proposed site to which building is to be moved (include legal description);
(4) Date and time requested for movement;
(5) Map or description of requested route to be taken;
(6) Height, width and length of building to be moved and truck or equipment to be used for
moving the building; and
(7) Classification of movement.
5-251 Fees.
(a) Every applicant before being granted a permit under this division shall pay an application filing
fee as shall be established from time to time by the city and on file in the office of the city clerk.
(b) For any application for a Class I or II move under this article, there shall be charged and collected
an inspection fee in an arnount as shall be established from time to time by the city and on file in the
office of the city clerk.
5-252 Deposits - Insurance.
An application for a permit under this article shall be accompanied by the following:
(1) A cash deposit or corporate surety bond in the sum of $1,000 or such greater amount as the
building official determines necessary as indemnity for any damage which the city may sustain by reason
of damage or injury to any highway, street or alley, sidewalk or other property of the city, which may be
caused by or be incidental to the removal of any building over, along or across any street in the city and to
indemnify the city against any claim of damages to persons or private property;
(2) A public liability insurance policy providing $100,000 or such greater amount as the building
official determines necessary to satisfy any claim by private individuals, firms or corporations arising out
of, caused by, or incidental to the moving of any building over, along, or across any street in the city; and
(3) A cash deposit or a corporate surety performance bond in the sum of $500.00 or such greater
amount as the building official determines necessary conditioned upon the permittee, within six months
from the date of the issuance of such permit:
a. Completing the construction, painting and finishing of the exterior of the building.
b. Faithfully complying with all requirements of this article, the building code, the zoning
ordinance, the other ordinances then in effect within the city, including but not limited to permittee
completing such work within six months to the date of the issuance of such permit.
Page 22
Federal Way City Code
In the event the provisions of this subsection are not complied with within the time specified, the sum
of $500.00 shall be forfeited to the city as a penalty for the default, and this shall be in addition to any
other penalties provided for failure to comply within the terms of this article.
5-253 Conditions for issuance of permits.
As a condition of securing the permit for a Class I or II move:
(1) The permittee shall furnish the city with a set of plans and specifications for the completed
building to include a plot plan showing in detail the placement of the proposed structure upon the lot
within the city. Class I and Class II residential buildings which are substantially remodeled and all
nonresidential buildings shall meet all requirements set forth in this Code for new structures;
(2) The permittee shall provide certification of sewer and water availability from the local utility
or site approval for installing a private sewer system (septic system); and
(3) Class I and Class II buildings shall be inspected by the city before they are moved. Residential
buildings shall be inspected for compliance with minimum housing standards as required by the Uniform
Housing Code International Property Maintenance Code as adopted by the city pursuant to Article VII,
"housing staadards" of this Code. Substantially remodeled residential buildings and nonresidential
buildings shall be inspected for compliance with those regulations set forth in this Code that apply to new
structures.
5-254 Escort.
For Class I, II, III and IV moves, the housemover shall provide at least two off-duty police officers or
other appropriate agency employees which provide an escort service for the purpose of regulating traffic
along the route such building is being moved; provided, that any such police or special agency escort shall
be at the expense of the housemover in addition to any other fees or deposits heretofore required. No
variances of the provisions of the permit shall be permitted by the escort.
5-255 Time.
Time of the movement of buildings shall be designated by the city. Every permit issued under this
article shall become and be void unless such removal shall be completed and the building removed from
the public right-of-way within the time specified in the application for such permit; provided, however,
that the city may extend such time when the moving of any building is rendered impractical by reason of
inclemency of the weather, strikes or other causes not within the control of the housemover.
5-256 Lights.
No person moving any building over, upon, along or across any public street shall fail, neglect or
refuse to keep a red light (or such other devices as the city may require) at all times at each corner of such
building and at the end of any projection thereon while the same is located in or upon any public street.
5-257 Notice to utilities.
Before any building shall be moved the housemover shall give written notice to the public utilities or
agencies designated in the application not less than three days in advance of the proposed move.
5-258 Condition of lot.
After the completion of any Class II or III move the area or lot upon which the structure was formerly
located shall be cleaned up and satisfactorily graded; the sanitary sewer connection, if one exists, shall be
plugged and marked; the water meter shall be removed and the line satisfactorily capped and marked; the
electrical and telephone lines removed; and all trash removed therefrom to the satisfaction of the building
official.
5-259 Appeal process.
Any appeals of any decision rendered pursuant to this article shall be made to a hearing examiner
appointed by the city. Procedural rules concerning appeals shall be as provided in process I of Chapter 22
FWCC, Zoning.
Page 23
Federal Way City Code
5-260 - 5-319 Reserved.
Article X.
ELECTRICAL CODE
Sections:
5-320 Electrical codes adopted.
5-321 Effect of chapter on existing wiring.
5-322 Amendments.
5-323 - 5-339 Reserved.
5-320 Electrical codes adopted.
(a) Adoption by reference. 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) The National Electrical Code (NEC), ~ 2005 Edition, as published by the National Fire
Protection Association;
(2) The laws; rules and regulations for installing electrical wiring and equipment set forth in
Chapter 19.28 RCW;
(3) The following chapters of the Washington Administrative Code:
a. Chapter 296-43 WAC, Heating Installation;
b. Chapter 296-45 WAC, Safety Standards, Electrical Workers;
c. Chapter 296-46(B) WAC, Electrical Safety Standards, Administration, and Installation.
(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.
5-321 Effect of chapter on existing wiring.
The provisions of this chapter are not intended to apply to electrical installations in existence at the
time of its adoption, except in those cases which, in the opinion of the building official, are found to be
dangerous to life or property, and except as is otherwise specifically provided in this chapter.
5-322 Amendments.
The following amendments to the codes adopted in FWCC 5-320 are hereby adopted:
Section 204 of the Uniform Administrative Code, as adopted by this chapter, is hereby amended to
read as follows:
(1) Section 204. Appeals.
204.1 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.
204.2 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.
204.3 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
Page 24
Federal Way City Code
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.
(2) Section 301.1.3 of the Uniform Administrative Code Provisions for the NBC is amended to
read as follows:
(b) Exempt work. An electrical permit shall not be required for the following:
1. Portable motors or other portable appliances energized by means of a cord or cable
having an attachment plug end to be connected to an approved receptacle when that cord
or cable is permitted by this Code.
2. Repair or replacement of fixed motors, transformers or fixed approved appliances of
the same type and rating in the same locations.
3. Temporary decorative lighting.
4. Repair or replacement of current-carrying parts of any switch, contractor or control
device.
5. Reinstallation of attachment plug receptacles, but not the outlet therefore.
6. Repair and replacement of any over current device of the required capacity in the same
location.
7. Repair or replacement of electrodes or transformers of the same size and capacity for
signs or gas tube systems.
8. Tapingjoints.
9. Removal of electrical wiring.
10. Temporary wiring for experimental purposes in suitable experimental laboratories.
11. The wiring for temporary theater, motion picture or television stage sets.
12. A permit shall not be required for the installation, alteration or repair of electrical
wiring, apparatus or equipment or the generation, transmission, distribution or metering
of electrical energy or in the operation of signals or the transmission of intelligence by a
public or private utility in the exercise of its functions as a serving utility.
Exemption from the permit requirements of this Code shall not be deemed to grant
authorization for any work to be done in violation of the provisions of this Code or any
other laws or ordinances of the jurisdiction.
5-323 - 5-339 Reserved.
Article XI
FIRE CODE
Sections:
5-340 Definitions
5-341 Fire code adopted
5-342 Amendments
5-343 Smoke Detectors
5-344 Sprinkler Installation
5-345 - 5-359 Reserved.
Page 25
Federal Way City Code
5-340 Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Board of appeals shall mean the hearing examiner appointed by the city pursuant to process I of
Chapter 22 FWCc. Zoning.
Fire detection svstem shall mean a heat and/or smoke detection system monitored by a central and/or
remote station conforming to the current requirements of the National Fire Protection Association
standards and/or the fire chief or designee.
Fire sprinkler svstem shall mean an integrated system of piping connected to a water supply with
sprinklers which will automatically initiate water discharge over a fire, conforming to the current
requirements ofthe National Fire Protection Association standards and/or the fire chief or designee.
Life safety/rescue access shall mean an unobstructed access to all floor levels and each roof level of a
building on not less than 20 percent of the building perimeter by utilizing a 35-foot ladder. An alternate
method would be at least one stairway enclosure with exit doorways from each floor level and with a door
opening onto each rooflevel which conforms to the requirernents of the International Building Code.
5-341 Fire Code adopted.
The following code, 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:
(1) The following chapter of the Washington Administrative Code as presently constituted or as
may be subsequently amended:
a. Chapter 51-54 WAC - State Building Code Adoption and Amendment of the 2006 Edition
of the International Fire Code including Appendices B, C. E and F. State amendments to Sections
308.3.4, 308.3.5, 308.3.7, 503.1 - 503.4 and Sections 903.2.10.3 and 3006.4 are not adopted for any
buildings.
5-342 Amendments.
The following amendments to the fire code adopted in FWCC 5-340 are hereby adopted:
(1) Section 307.1.1 is amended to read as follows:
Prohibited open burning. Open burning within the city limits that is offefl.siye or
obiectionable beoause of smoke or odor emissions or '."hen atmosPherie oonditions or
looal oireumstanoes make suoh fires hazardous shall be prohibited.
(2) Section 906.1 exception to item 1 is deleted in its entirety:
1. In new and existing Group A B. E. F, H. I. M, R-l, R-2, R-4 and S occupancies.
Exoeption: In ne'." afld existing Group }1' Band E ocoupanoies equipped througho\:lt with
quiok response sprinklers, portable fire extinguishers shall be reql:lired only in locatiefls
speeified in Items 2 tlH'ough 6.
(3) Section 1008.1.8.3 item 2.1 is deleted in its entirety:
2.1 The looking de',-ioe is readily distinguishable as locked.
(4) Section 3304.1 is amended in its entirety to read as follows:
Ce1UJi"tit. Sh~rage ~f impl~8h'es oo.d eJ:pl~8iT,'€ materials, small amlS ammHniti~n,
small al'm primers, pl'~pelloo.t a@tHatild ilaFtri€lges and sm~killess pr~p@lhm.ts in
magazines, shall @~mtlly '::ith the pr~y:i8i€ln8 ~f this 8@@ti€lfl..
General. The storage of explosives and blasting agents within the city is prohibited.
Exception. The fire chief may issue a special permit for such storage where it
appears in his or her iudgment there will be no undue danger to persons or property.
Page 26
Federal Way City Code
5-343 Fire detection system.
All occupancies exceeding 3,000 square feet groSS floor area shall be required to provide an approved
automatic fire detection system. Fire walls as noted in Section 705 of the International Building Code
shall not be considered to separate a building to enable deletion of the required fire detection svstem.
Exceptions:
(a) Group U or R, Division 3, occupancies;
(b) Occupancies protected throughout by an approved/monitored automatic sprinkler system
can delete heat detectors from the system.
5-344 Sprinkler Installation.
Fire sprinkler systems shall be installed:
In all Group R, Division 3, occupancies exceeding 2,500 square feet gross floor area (including
attached garages) without adequate fire flow except as cited.
In all R-3 occupancies without approved fire department access as defined in Section 503 of the
International Fire Code.
In all Group R, Division 2, occupancies having three or more levels or containing five or more
dwelling units and Group R, Division 1 occupancies having three or more floor levels or containing 10 or
more guest rooms. Quick response standard sprinkler heads shall be used in accordance with their
approved listing in the dwelling unit and guest room portions of the buildings. For the purposes of this
section, condominiums shall be treated as apartments. For the purpose of this section, a floor level shall
be defined as "that portion of a building included between the upper surface of any floor and the surface
of the next floor or roof above." Fire walls as noted in Section 705 of the International Building Code
shall not be considered to separate a building to enable deletion ofthe required fire sprinkler system.
In Group A occupancies that are used as nightclubs and discos where no alcohol is served and
where the total grOSS floor area exceeds 5,000 square feet. Fire walls as noted in Section 705 of the
International Building Code shall not be considered to separate a building to enable deletion of the
required fire sprinkler system. .
In all other occupancies requiring 2,000 gallons per minute or more fire flow, or where the total
floor area included within the surrounding exterior walls on all floor levels, including basements, exceeds
5,000 square feet. Fire walls, as noted in Section 705 of the International Building Code, shall not be
considered to separate a building to enable deletion of the required fire sprinkler system. Group U
occupancies are excepted from this subsection.
In all occupancies where the building is classified as an overwater structure.
5-345 - 5-359 Reserved.
I:\DOCUMENTl2007 Building Code Change\Chapter 5. doc
Page 27
Federal Way City Code
ATTACHMENT B
Chapter 8
FIRE PREVENTION AND PROTECTION
Articles:
I. In Ceneral Fireworks
II. Standards
III. Smoke Deteetors
IV. Fireworks
.A...rtiele I.
IN CENERAL
Sections:
8 1 Purpose.
8 2 Interpretation.
8 3 Smoking ai'eas.
8 1 .^...1terations, repairs and additions to buildings.
8 5 Fire protection of high rise buildings.
8 6 8 25 Reserved.
8 1 Purpose.
The pwpose of this chapter is not to create or otherwise establish or desigaate any particular elass or
group of persons \.yho will or should be especially pratected or benefitted by the terms of this chapter.
COrd. No. 99 310, ~ 2, 5 -1 99)
8 2 blterpretation.
(a) Whenever the follov.ing words appeai' in the codes and regulations adapted by this chapter, they
shall be interpreted as follows:
(1) ...^...dministFa-tive authority shall rnean the building official.
(2) Chief, fire chief or chief of the bureau of fire prevention shall mean the fire ehief of the Federal
Way fire department.
(3) City treasurer shall mean the director of aclministration and finance.
(1) Corporation eounsel shall mean the city attorney.
(5) High rise buildings shall mean all buildings seven or more stories or ha'ling floors used for human
occupaney located more than 55 feet above the lov.est level of fire department vehiele access.
(6) Munieipality and jurisdiction shall mean the city of Federal Way.
(7) Board of appeals shall mean the hearing examiner appointed by the eity.
(b) Whenever reference is made to loeal authority, codes, jurisdiction and similai' eoneepts \vithin the
codes adopted by this ohapter, interpretation shall render such reference applieable to the applioable oity
designation, jurisdiction and authority. COrd. No. 92 127, ~ 1,2 -1 92; Ord. No. 99 340, ~ 2, 5 1 99)
83 Smoking areas.
The fire ehief is empowered and authorized to order the ovmer or oocupant in '.vriting to designate
smoking and nonsmoking areas and to post those areas '.vith appropriute sigas as defined and required in
Chapter 70.160 RC'.V as it relates to the Washington Clean Indoor Air .^...et. COrd. 1'10.99 340, ~ 2, 5 4 99)
Page I
Federal Way City Code
8 4 Alterations, repairs and additions to buildings.
The provisions of this chapter shall apply to all buildings which are altered or repaired one or more
times during any 70 month period, where the value of the alterations or repairs during that period exceeds
50 percent of the building's assessed value as determined by the King County auditor as of the date the
first permit application f-or such alterations or repairs is submitted to the city. ,^illy addition to an existing
struoture shall be oonsidered nev,' construotion subject to the provisions of this ohapter. (Ord. No. 99 310, ~
2, 5 1 99)
8 5 Fire proteetion of high rise buildings.
High rise bl:1-ildings shall be provided \vith fire proteotion systems in aeeordanoe "'lith Uniform
Building Code Seotions 103.2 through 103.10 and Uniform Building Code Chapter 9 as adopted by this
Code. (Ord. No. 99 310, ~ 2, 5 1 99)
8 (i 8 25 Reserved.
i"1rtiele II.
STl"1NDARDS
Seotions:
Division 1. Generally
g 26 g 35 Reserved.
Di'/ision 2. Administration
8 36 ,^~uthority to adopt rules and regulations.
8 37 Additional eonditions.
8 38 Liability.
8 39 Uniform Fire Code Seotion 103.1. 4 amended BOai'd of appeals.
g 10 Civil enfor-eement.
g 11 g 59 Reserved.
Division 3. Fire Code
g 51 Cede adopted.
852 Amendments.
8 53 New materials, processes or oooupanoies '.vhioh may require permits.
8 51 Struotures over ',vater.
8 55 8 65 Reserved.
Division 1. Fire Alarms and Sprinkler Systems
8 66 Definitions.
g 67 Life safety/resoue aocess.
g 68 Fire deteotion system.
g 69 Installation.
8 70 8 90 Reserved.
Page 2
Federal Way City Code
Division 1. Cenerally
8 2(:) 8 35 Reser-led.
Division 2. ""...dministratien
8 3(:) "A...uthority to adopt rules and regulations.
(a) The oity shall adopt rules and regulations for the implementation of this artiole, induding:
(1) Proeedures to assure that building permits for structures conform to the requirements of this
aftiele.:.
(2) Proeedures to assure that these standards shall be revie'.ved as part of the subdivision, planned unit
development, rezone, conditional use and unolassified use permit processes.
(3) Prooedures to assure that a report of fire proteotion impaots is submitted in all oases where a
proposed struoture or land use is regulated.
(1) Proeedures to allow for hydrant spacing requirements to be relaxed by as mueh as 50 pereent
pursuant to the Uniform' Fire Code, except where such allowanoes "....ould umeasonably reduce fire
protection to the area or struetures served.
(b) No less than one oopy shall be available for publio inspection and re'/ie\v in the fire department
office or the building department. The city may offer the rules and regulations f-or sale for a reasonable
cost to eO'ler printing aRd handling. (Ord. No. 90 33, ~ a9, 2 13 90; Ord. No. 99 310, ~ 3, 5 1 99)
8 37 ""...dditioBal eenditieBs.
(a) "^Jl condominiums shall ha'le the follovling ',....ording in the recorded deelaration of oovenants and a
oopy of the doaument shall be proyided to the fire ohief and the building offiaial:
(1) In the event that any unit should be equipped with a sprinkler system., Rothing shall be lRmg from
the spriRklers aomprisiRg a part of the system nor shall any suoh sprinklers be painted, eovered, or
otherwise ehaRged, tampered with or altered.
(2) Prior to any alteration, amendment, modifieation or ohange thereof, the o',vners or their agents 'Hill
submit suoh proposed alteration, amefl.dment, modification or ohange to the fire chief or designee for
appro'lal arid agrees to comply with all applicable sprinkler requirements. (Ord. No. 90 33, ~ 71,2 13 90;
Ord. No. 99 310, ~ 3,5 1 99)
838 Liability.
(a) The express inteRt of the eity oouneil is that responsibility for oomplianee with the provisions of
this artiole iR regard to fire proteetion availability to a speoifio development shall rest exelusively with the
permit applicant and their agents.
(b) The aity oouncil expressly reoognizes there are limited publio funds available for implementation
and enforeement of the provisions of this article and for the establishment of fire sHppression oapability
by the fire department. The oity eounoil also recognizes that the level of serviees these publio funds oan
support ffi:l:1st be balanced against the eeonomic impaot of the oosts f-or these serviees. Conse€J.Hently, the
funds appropriated for implementation and enforcement of the provisions of this artiole are those whioh,
in the judgmeRt of the city oounoil, best proteot the overall health, safety and y.'elfare interests of the
~
(0) This artiole shall not be oonstrued as plaoing responsibility for assuring the adequacy of fire
proteotion servioes within the oity or any officer, employee or agent of the oity, the fire distriot, water
purveyor, employee or agent of the fire department or 'l/ater purveyor. Prooedures established pursuant to
this article are spot oheoks designed to foster and encourage complianoes but are not gua-rantees or
assurances that permits or 'Nork undertaken pursuant to permits complies \vith all applicable pro'lisions of
Page 3
Federal Way City Code
the article. It is the responsibility of the permit holder to comply with the procedures regarding the
adequacy of fire protection service. (Ord. No. 90 33, ~ 72, 2 13 90; Ord. No. 99 310, ~ 3,5 1 99)
8 39 Uniform Fire Code Seetion 103.1.4 amended Board of appeals.
103.1.1 .'\ppeals. Section 103.1.1 of the Uniform Fire Code, as adopted by this chapter, is hereby
amended to read as follo''vs:
.'\ppeals made from any ruling made under this article, except for rulings or decisions pertaining to
enforcement of this article, may be made to the hearing examiner appointed by the oity. Procedural
rules €lonceming appeals shall be as provided in process III of Chapter 22 PNCC, Zoning.
Card. No. 9(:) 33, ~ 66,2 13 90; Ord. No. 92 127, ~ 4,2 4 92; Ord. 1'10.97291, g 3, 4 I 97; Ora. No. 99 340, ~ 3,5 4 99)
8 40 Ci-;i1 enforeement.
Notwithstanding any provision in this article or in any code adopted hereunder to the contrary, civil
enforoement of the provisions of this artiele and the tenus and conditions of afty permit or approval issued
pursuant to this article shall be governed by Chapter 1, f.rticle III, Civil Enforcement of Code. Civil
enfor€lement is in addition to, and does not limit any other forms of enforcement available to the city
including, but not limited to, €lriminal sanctions as specified herein, nuisance and injunction actions, or
other civil actions. (Ord. No. 99 310, ~ 3, 5 4 99)
841 850 Reseryed.
Division 3. Fire Code
8 51 Code adopted.
The following code, as amended, aElEled to, or excepted in this chapter, together with all amendments
and additions provided in this title, is adopted and shall be applicable within the sity:
(1) The f-ollowiag chapters of the Washington Administrative Code as presently constituted or as may
be subsequently amended:
a. Chapter 51 11 W.^..C State Build-ing Code .Adoption and Amend-meEt of the 1997 Edition of
the Uniform Fire Code including Append-ices Chapters I A, I C, II F, III /\., III B, and III C. State
amendments to Sections 103.2.1.1, 1109.8.3, 7101.2.3, and 7802, are adopted anly to the extent that they
apply to buildings containing four d-welliag units or less; in all otaer respects the foregoing state
amendments are not adopted. State amendments to Sections 901.2.2.1, 901.4.2, 902.1, 902.2 thro\:lga
902.2.1.1 and 7902.1.7.2.1, are not adopted for afty buildings.
b. Chapter 51 15 W.^.C State Building Code Adoption and .^.mendmoot of the 1997 Edition of
the Uniform Fire Code Standards. (Ord. No. 90 33, ~ 51,2 13 90; Ord. No. 92 143, ~ 23, 6 1692; Ord. Ne. 99
310, ~ 4,5 1 99)
8 52 J-.mendments.
The f-ollowing amendments to the fire €lode adopted in FWCC 8 51 are her-eby adopted:
(1) Section 1102.3 is amended to read as follo',vs:
Section 1102.3. Open bl.H11ing prohibited. Open burning v/ithin the city limits is prohibited.
(2) Section 1007.3.3.6.2 is amended to read as follows:
The installation or use of any electric, electronic or meohanical alarm device ''vhica gives
automatic notioe to the oommunioations center of the city fire department on emergenoy or
business telephone numbers is prohibited.
Page 4
Federal Way City Code
Individuals, agencies or companies may use the speoial telephone line for automatic
notification when approved by the fire ohief. This provision specifioally inoludes de','ioes
utilizing the public telephone system.
(3) Section 7701.7.2 is amended to read as follows:
(a) The storage of explosives and blasting agents '.vithin the oity is prohibited.
Exception. The fire chief may issue a special permit for such storage where it appears in his or
her- judgment there ',viII be no undue danger to per-sons or property.
(1) Section 8201.2 is amended by the addition of t','fO new paragraphs to read as f-ollov,'s:
The aggregate capacity of anyone installation \vhich contains more than 2,000 \vater gallons
ofliquefied petroleum gas is prohibited within the city.
Exception. The fire ohief may issue a special permit for such storage 'l,'her-e it appears in his or
her judgment there ','{ill be no undue danger to persons or property.
(5) .'\.ppendix II F shall apply to all aboveground flammable and combustible liquid storage tanks.
(Ora. No. 90 33, ~~ 52 61, 2 13 90; Ord. No. 92 127, ~ 3,2 4 92; Ora. No. 92 143, ~~ 21 31, e Ie 92; Ora. No.
99 340, ~ 4,5 4 99)
8 53 New materials, proeesses or oeeupaBeies whieh may require permits.
The city manager, the building official and the fire chief shall act as a oommittee to determine and
specify, after- giying affected persons an opportunity to be heard, any nevI materials, proeesses or
occupancies whioh shall require permits, in addition to those no'.v enumerated in the fire oode adopted in
FWCC 8 51. The fire chief shall post such list in a conspicuous plaoe and distribute oopies thereof to
interested per-sons. (Ord. No. 90 33, ~ e2, 2 13 90; Ord. No. 99 340, ~ 4, 5 4 99)
8 54 Struetures over water.
No portion of any building or other structure supported by piers or piling and extending over water-
shall be more than 250 feet from an improved public street or alley giving acoess ther-eto for fire eflgines
and other fire fighting equipment; provided, however, that the foregoing limitation shall not apply to aR-)'
one story struch.H"e used solely for the moorage of boats and whioh is:
(1) Of Type 1 construction;
(2) Of Type 2 construction; or
(3) Having installed throughout the structure an approved automatic sprinkler system. (Ord. No. 90 33,
~ e3, 2 13 90; Ord. No. 99 340, ~ 4,5 1 99)
8 SS 8 6S Reser..ed.
DiyisioB 4. Fire .A.larms aBd SpriBlder Systems
8 66 DeHBitioBS.
The f-ollowing v/ords, terms and phrases, '.vhen used in this division, shall have the meanings ascribed
to them in this seotion, except where the oontext clearly indicates a different meaning:
B061r-d ef appeals shall mean the hearing examiner appointed by the city pursuant to process I of
Chapter- 22 FWCC, Zoning.
Fir-c detection system shall mean a heat and/or smoke deteotion system monitored by a oentral and/or
remote station conforming to the ourrent requirements of the National Fire Protection .^~ssociation
standards and/or the fire ohief or designee.
Page 5
Federal Way City Code
Fire sprinkkr system shall mean an integrated system of piping connected to a ',vater supply '.vith
sprinklers \vhich will automatically initiate ',vater discharge o';er a fire, conforming to the current
requirements of the National Fire Protection ,^.ssociation standards and/or the fire chief or designee.
Life safcty/rescbtc access shull mean an lHlobstructed access to all floor levels and each roof level of a
building on not less than 20 percent of the building perimeter by utilizing a 35 foot ladder. }\n alternate
method ',vould be at least one stairway enclosure ',yith exit doorways from eaeh floor level and with a door
opening onto each roof level which conforms to the requirements of the Uniform Building Code. (Ord. No.
9033, ~ 67, 2 13 90; Ord. No. 92 127, ~ 5, 2 1 92; Ord. No. 99 310, ~ 5, 5 1 99)
8 fj7 Life safety/reseue aeeess.
(a) f.ll occupancies shall be required to provide approved life safety/reseue access.
(b) The follo'Ning are exceptions to this section:
(1) Group U oceupancies; and
(2) Roof aeeess need not be pro';ided to roof levels haying a slope greater than f-our in 12. (Ord. No.
90 33, ~ 68(1'.),2 13 90; Ord. No. 99 310, ~ 5,5 1 99)
8 fj8 Fire deteetioR system.
(a) ,\11 oecupancies exceeding 3,000 square feet gross floor area shall be required to provide an
approved automatie fire detection system. ,\rea separation walls as noted in Section 501.6 of the Uniform
Bl:1ilffing Code shall not be cOFlsidered to separate a building to enable deletion of the reql:1ired fire
detection system.
(b) The following are exceptions to this section:
(1) Group U or R, Division 3, accl:}paneies;
(2) Occupancies protected throughout by an approved/monitored automatic sprinkler system oan
delete heat detectors from the system. (Ord. No. 90 33, ~ 68(:8), 2 13 90; Ord. No. 99 310, ~ 5, 5 1 99)
8 fj9 Installation.
Fire sf>rinkler systems shall be installed:
(1) In all Group R, Division 3, oocl:1paFl.cies exceeding 2,500 square feet gross floor area (including
attaeRed garages) without adeql:1ate fire flow exeept as eited.
(2) In all R 3 occupancies without approved fire department aecess as defined in Section 901 of the
Uniform Fire Code.
(3) In all Group R, Division 1, oeeupancies having three or more levels or eontaining fi'le or more
dwelling ooits and hotels having three ar more floor levels or containing 10 or more guest rooms. Quick
respOflse standard sprinkler heads shall be used in aeeordance with their appro';ed listing in the dwelling
unit and guest room portions of the buildings. For the purposes of this section, eondominiums shall be
treated as apartments. For the purpose of this seetion, a floor level shall be defiaed as "that portioa of a
buildiag iacluded between the upper sl:1rface of any floor aad the surfaee of the next floor or roof above."
Area separation ',valls as noted in Section 501.6 of the Uniform Building Code shall not be considered to
separate a building to enable deletion of the required fire sprinlder system.
(1) In Group ,^. oeeupaneies that arc used as nightelubs and discos where no aleohol is served and
'llnere the total gross floor area exeeeds 5,000 square feet. ,\rea separation walls as noted in Seetion 504.6
of the Uniform Building Code shall not be considered to separate a building to enable deletion of the
required fire sprinkler system.
(5) In all other oeeupuncies requiring 2,000 gallons per minute or more fire flow, or ',yhere the total
floor area ineluded within the surrounding exterior walls on all floor leyels, including basements, exeeeds
10,000 square feet. :\rea separation 'Nalls, as noted in Seetion 501.6 of the Uniform Building Code, shall
not be considered to separate a building to enable deletion of the required fire sprinkler system. Group U
oecupancies are excepted from this subsection.
Page 6
Federal Way City Code
(6) In all occupancies where the building is classified as an ovenvater structure. (Ord. No. 90 33, ~
68(C),2 13 90; Ord. No. 99 310, ~ 5,5 1 99)
8 70 8 90 Reserved.
f..rtiele III.
SMOKE DETECTORS
Sections:
8 91 Testing and maintenance.
8 92 Transfer of dv/elling unit.
S 93 Removal or tampering.
8 94 8 120 Reserved.
8 91 Testing and maintenanee.
Installation of an approyed smoke detection deviee shall be the responsibility of the O'.vner.
Maimenance of such device shall be the responsibility of the tenant or occupant. Maintenance shall
include the perf-ormance of such tests of the required smoke detector as are recommended by the
manufacturer, at intervals of not less than once a month. Maintenance also requires that if the smoke
detector is battery operated, new batteries shall be installed whenever the unit emits a 10VI battery signal,
or a minirmtm of onoe each year '.Yhether or not a low battery signal is presefJ.t. (Ord. No. 90 e4, ~ 3, 7 3 90;
Ord. No. 99 310, ~ e, 5 1 99)
8 92 Transfer of dweDing Bnit.
It shall be unla',vful for any person to canvey fee title to any real property ',""Rich includes a awelliRg
unit, or transfer possession of any d'.velling unit pursuant to a land sale contract, unless there is a properly
operating smoke deteetor in the dwelling unit whioh has been installed in aooor-danee v:ith this artiele.
Effecti'/e upon the sale or transfer of title of a dwelling unit, it shall be the duty of the seller or transferor
ta certify to the buyer or transferee in v.riting that all smElke detectors req\::lired by this article are installed
and in proper 'Norking order. (Ord. No. 90 a1, ~ 1, 7 3 90; Ord. No. 99 340, ~ e, 5 4 99)
8 93 Removal or tampering.
It shall be unlawful for any person to remoye a properly functioning smoke deteotor installed in
oonf-ormance with this artiole unless it is replaoed. It shall be unla:wful f-or an:y person to remove batteries
Elf iR any other way make inoperable or interfere with the effectiveness of a smoke detector installed iR
cOflformaflce with this article, except that this proyision shall not apply to aay O'Nner or o'oVFler's agent in
the normal prooedure ofreplaoing batteries. (Ord. No. 90 a1, ~ 5, 73 90; Ord. No. 99 340, ~ 6, 5 1 99)
8 94 8 120 Reserved.
Article I IV.
FIREWORKSl
Sections:
Division 1. Generally
8-1 - 8-120 Reserved
8-121 Definitions.
Page 7
Federal Way City Code
8-122 Findings of fact.
8-123 Implementation of statutes.
8-124 Civil enforcement.
8-125 Exception.
8-126 Sale of fireworks unlawful.
8-127 Possession, use and discharge of fireworks unlawful.
8-128 Use of fireworks in public parks and on public land.
8-129 Special effects for entertainment media.
8-130 - 8-140 Reserved.
Division 2. Permits
8-141 Required - Display of fireworks.
8-142 Application for public display permit.
8-143 Permit fees.
8-144 Issuance - Nontransferable - Voiding.
8-145 - 8-170 Reserved.
Division 3. Fireworks Display Regulations
8-171 Compliance.
8-172 State-licensed pyrotechnician required.
8-173 Permit required - Contents.
8-174 Plan view of site.
8-175 Reinforcement of fire protection.
8-176 Removal of debris, trash.
8-177 Disposal of undischarged fireworks.
8-178 Fire extinguishers - Blanket required.
8-179 Revocation of permit.
8-180 Areas of public access.
Division 1. Generally
8-1- 8-120 Reserved
8-121 Definitions.
(a) The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
(b) The definitions of Chapter 70.77 RCW as now stated or hereafter amended shall govern the
construction of this article, when applicable. RCW 70.77.120 through 70.77.230 as now stated or
hereafter amended are adopted by reference and a copy of the same shall be kept on file in the office of
the city clerk for public use and inspection. In addition, the following term is defined:
Dangerous fireworks shall mean any firework not defined as a "common firework" under the
provisions ofRCW 70.77.136. (Ord. No. 90-54, ~ 1,4-17-90; Ord. No. 92-147, ~ 2, 6-23-92)
8-122 Findings of fact.
The city council hereby adopts the document, entitled "Proposed Prohibition of Fireworks Sale or Use
in Federal Way," prepared by King County Fire Protection District No. 39, and makes the following
findings of fact:
Page 8
Federal Way City Code
(1) The risks of fires and the danger to public safety and property damages are increased by the sale
and use offireworks within the city.
(2) The types of fireworks involved in fires within the city include both the illegal (dangerous)
fireworks, and legal (common) fireworks as defined in RCW 70.77.136.
(3) Banning the use of all fireworks within the city is rationally related to the city council legislative
purpose of reducing and/or eliminating the risk of major property damage and risk to public safety which
results from the sale, possession and use of any fireworks. (Ord. No. 92-147, S 1,6-23-92)
8-123 Implementation of statutes.
This article is intended to implement Chapter 70.77 RCW, and shall be construed in connection with
that law and any and all rules or regulations issued pursuant thereto. (Ord. No. 90-54, S 18,4-17-90; Ord. No.
92"147, S 12,6-23-92)
8-124 Civil enforcement.
Notwithstanding any provision in this article or in any code adopted hereunder 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, nuisance and injunction actions, or
other civil actions. (Ord. No. 90-54, S 19,4-17-90; Ord. No. 92-147, S 13,6-23-92; Ord. No. 99-340, S 7, 5-4-99)
8-125 Exception.
This article does not prohibit the use of flares or fuses in connection with the operation of motor
vehicles, railroads, or other transportation agencies for signal purposes or illumination or for use in forest
protection activities. (Ord. No. 90-54, S 16,4-17-90; Ord. No. 92-147, S 11,6-23-92)
8-126 Sale of fireworks unlawful.
It is unlawful for any person to sell any fireworks within the city; provided, that this prohibition shall
not apply to duly authorized public displays. (Ord. No. 90-54, S 2, 4-17-90; Ord. No. 92-147, S 2, 6-23-92)
8-127 Possession, use and discharge of fireworks unlawful.
Except as authorized by state license and city permit granted pursuant to RCW 70.77.260(2), public
display, or RCW 70.77.311(2), use by group or individual for religious or other specific purpose on
approved date and as approved location, it is unlawful for any person to engage in the retail sale of, or to
sell, possess, use, transfer, discharge or explode any fireworks of any kind within the city. (Ord. No. 90-54,
S 3,4-17-90; Ord. No. 92-147, S 3,6-23-92)
8-128 Use of fireworks in public parks and on public land.
It shall be unlawful for any person to discharge or possess any fireworks upon public land or in any
public park, owned by the city; provided, however, nothing in this section shall be deemed to limit the
authority of the city council to allow event display of special fireworks under a permit issued in
accordance with the provisions of this article. (Ord. No. 90-54, S 14,4-17-90; Ord. No. 92-147, S 9, 6-23-92)
8-129 Special effects for entertainment media.
This article does not prohibit the assembling, compounding, use and display of special effects of
whatever nature by any person engaged in the production of motion pictures, radio or television
productions, theatricals or operas when such use and display is a necessary part of the production and
such person possesses a valid permit issued by the city to purchase, possess, transport or use such
fireworks. (Ord. No. 90-54, S 15,4-17-90; Ord. No. 92-147, S 10,6-23-92)
Page 9
Federal Way City Code
8-130 - 8-140 Reserved.
Division 2. Permits
8-141 Required- Display of fireworks.
It is unlawful for any person to hold, conduct or engage in a public display of fireworks within the city
without first having obtained and being the holder of a valid permit issued pursuant to the provisions of
this division. (Ord. No. 90-54, S 4, 4-17-90; Ord. No. 92-147, S 4, 6-23-92)
8-142 Application for public display permit.
Applications for a permit to hold, conduct or operate a public display of fireworks as defined under
Chapter 70.77 RCW shall be made to the building official for a permit. Such a permit shall also require
the approval of the fire chief or designee. Applications shall be made at least 14 days prior to the
scheduled event. Applicants shall meet all qualifications and requirements of state law regarding public
display of fireworks and all fire and safety requirements as set forth in the standards for public display
and, in particular, shall hold a pyrotechnic operator license issued by the state as defined by Chapter 70.77
RCW and Chapter 212-17 WAC. (Ord. No. 90-54, S 8,4-17-90; Ord. No. 92-147, S 7, 6-23-92)
8-143 Permit fees.
The fee for a public display permit for the public display of fireworks shall be $100.00, payable in
advance. (Ord. No. 90-54, S 6, 4-17-90; Ord. No. 92-147, S 5, 6-23-92)
8-144 Issuance- Nontransferable - Voiding.
Each public display permit issued pursuant to this division shall be valid for the specific authorized
public display event only, shall be used only by the designated permittee and shall be nontransferable.
Any transfer or unauthorized use of a permit is a violation of this division and shall void the permit
granted in addition to all other sanctions provided in this division. (Ord. No. 90-54, S 7,4-17-90; Ord. No. 92-
147, S 6, 6-23-92)
8-145 - 8-170 Reserved.
Division 3. Fireworks Display Regulations
8-171 Compliance.
All public fireworks displays shall conform to the minimum standards and conditions set out in this
division. (Ord. No. 90-54, S 12,4-17-90; Ord. No. 92-147, S 8,6-23-92)
8-172 State-licensed pyrotechnician required.
All public fireworks displays shall be planned, organized and discharged by a state-licensed
pyrotechnician. (Ord. No. 90-54, S 12(A), 4-17-90; Ord. No. 92-147, S 8(A), 6-23-92)
8-173 Permit required- Contents.
A permit shall be obtained from the city and approved by the fire chief or designee prior to any display
of public fireworks. The permit shall include the name of the applicant and his or her address, the name of
the pyrotechnician and his or her address; the exact location, date and time of the proposed display; the
number, type and class of fireworks to be displayed, the manner in which the fireworks are being stored
prior to the public fireworks display; and shall include the narne and address of the insurance company
providing the bond required. (Ord. No. 90-54, S 12(8),4-17-90; Ord. No. 92-147, S 8(8),6-23-92)
Page 10
Federal Way City Code
8-174 Plan view of site.
A drawing shall be submitted to the fire chief showing a plan view of the fireworks discharge site and
the surrounding area within a 500-foot radius. The drawing shall include all structures, fences, barricades,
streets, fields, streams and any other significant factors that may be subjected to ignition or that may
inhibit firefighting capabilities. (Ord. No. 90-54, S l2(C), 4-17-90; Ord. No. 92-147, S 8(C), 6-23-92)
8-175 Reinforcement of fire protection.
When, in the discretion of the fire chief, such requirement is necessary to preserve the public health,
safety and welfare, the permit may require that a Federal Way fire department pumper and a minimum of
two trained firefighters shall be on site 30 minutes prior to and after the shooting of the event. Firefighters
shall receive a minimum compensation as per the Washington State Chiefs Association's fee schedule.
All compensation for fire department apparatus will be as per the Washington State Chiefs Association's
fee schedule and shall be designated to the general fund. (Ord. No. 90-54, S 12(D), 4-17-90; Ord. No. 92-147,
S 8(D), 6-23-92; Ord. No. 99-340, S 8, 5-4-99)
8-176 Removal of debris, trash.
All combustible debris and trash shall be removed from the area of discharge for a distance of 300 feet
in all directions. (Ord. No. 90-54, S 12(E), 4-17-90; Ord. No. 92-147, S 8(E), 6-23-92)
8-177 Disposal of undischarged fireworks.
All unfired, or "dud," fireworks shall be disposed of in a safe manner. (Ord. No. 90-54, S l2(F), 4-17-90;
Ord. No. 92-147, S 8(F), 6-23-92)
8-178 Fire extinguishers- Blanket required.
A minimum of two 2A-rated pressurized water fire extinguishers and one fire blanket shall be required
to be at the fireworks discharge site. (Ord. No. 90-54, S 12(G), 4-17-90; Ord. No. 92-147, S 8(G), 6-23-92)
8-179 Revocation of permit.
The permit may be immediately revoked at any time deemed necessary by the fire chief or designee
due to any noncompliance, weather conditions such as extremely low humidity or wind factor. The
display may also be canceled by accidental ignition of any form of combustible or flamrnable material in
the vicinity due to falling debris from the display. (Ord. No. 90-54, S 12(H), 4-17-90; Ord. No. 92-147, S 8(H),
6-23-92)
8-180 Areas of public access.
Areas of public access shall be determined by the fire chief or designee and maintained in an approved
manner. (Ord. No. 90-54, S 12(1),4-17-90; Ord. No. 92-147, S 8(1),6-23-92)
Footnotes
I Editor's note - Codified in this article is Ordinance No. 92-147 adopted on June 23, 1992, and effective on June
23, 1993. The law regarding fireworks prior to June 23, 1993 is on file in the city clerk's office.
1:IDOCUMENTI2007 Building Code ChangelChapter 8.doc
Page 11
COUNCIL MEETING DATE: October 2,2007
ITEM
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: UNFIT STRUCTURES CODE AMENDMENT
POLICY QUESTION: Should the Federal Way City Code (FWCC) be amended to implement the process and to
acquire the powers authorized by RCW 35.80 to address conditions which render dwellings, buildings,
structures, and other premises unfit for human habitation and other uses?
COMMITTEE: Land Use/Transportation Committee
MEETING DATE: September 10, 2007
CATEGORY:
D Consent
D City Council Business
[g] Ordinance
D Resolution
D
D
Public Hearing
Other
~!~~~}!~:I.'.Q~!!l.y.~J:~~i1.~~!:lgQKn~i~l!:~t::~~i}~'y'..__._
DEPT: Community Development
Currently, the city uses the International Property Maintenance Code to deal with structures that are derelict, deserted,
or generally unfit for habitation. The proposed ordinance adopts the process for eliminating unfit structures outlined in
RCW 35.80.
Attachments: 1) Staff Memo and 2) Proposed Ordinance.
Options Considered: 1) Adopt the proposed ordinance as presented by staff; 2) Adopt the proposed ordinance with
modifications; 3) Do not adopt the proposed ordinance.
STAFF RECOMMENDATION: Staff recommends approval of Option #1, adopt the proposed ordinance as presented by
staff.
CITY MANAGER ApPROVAL: ~
Committee .,
DIRECTOR ApPROVAL:
~
Council
Committee
Council
COMMITTEE RECOMMENDATION: Approve Option #1 and forward the ordinance for first reading to the full
Council on October 2,2007.
Jack Dovey Chair
Dean McColgan
Linda Kochmar
PROPOSED COUNCIL MOTION: "] move approval of the LUTC's recommendation to adopt the ordinance with
amendments to the FWCC. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLEDIDEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
IIDOCUMENT\2007 Building Code ChangelUnfit Structures Agenda Bill.doc
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
~
CITY OF ~
Federal Way
Department of Community Development Services
33325 8th Avenue South
PO Box 9718
Federal Way, WA 98063-9718
253-835-2601 - Fax: 253-835-2609
www.cilvoffederalwaV.com
MEMORANDUM
DATE:
September 5, 2007
TO:
Jack Dovey, Chair
Land Use/Transportation Committee
FROM:
R. Lee Bailey, Building Official
Neel Beets, City Manager ~
MEETING DATE: September 10, 2007
VIA:
SUBJECT: Unfit Structures Code Amendment
BACKGROUND
Currently the city uses the International Property Maintenance Code to deal with structures that are
derelict, deserted, or generally unfit for habitation. This is a costly, long drawn out process sometimes
taking years to resolve. Adoption of this ordinance will result in the city being able to use the process for
eliminating unfit structures outlined in RCW 35.80. This process will not only save the city time and
money, it designates the city's expenses as tax liens, which are recoverable in three years and do not
require a warrant of abatement.
SUMMARY OF CHANGES TO FEDERAL WA Y CITY CODE (FWCC) CHAPTER 1
The proposed addition to the FWCC Chapter 1 will adopt a process to deal with unfit structures in the
City of Federal Way. The ordinance describes the process from initial complaint through final resolution.
It contains definitions of unfit structures, identifies the city's "improvement officer" and "appeals
commission," outlines the enforcement and appeal processes, and sets deadlines. Proposed additions are
shown as underline.
1:IDOCUMENT\2oo7 Building Code ChangelUnfit Structures Memo.doc
ORDINANCE NO. 07-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
W ASillNGTON, AMDENDING CHAPTER 1, ARTICLE III, OF THE FEDERAL
WAY CITY CODE TO IMPLEMENT THE PROCESS AND TO ACQUIRE THE
POWERS AUTHORIZED BY CHAPTER 35.80 RCW TO ADDRESS CONDITIONS
WillCH RENDER DWELLINGS, BUILDINGS, STRUCTURES, AND OTHER
PREMISES UNFIT FOR HUMAN HABITATION AND OTHER USES.
WHEREAS, there exist within the City of Federal Way dwellings that are unfit for human habitation and
buildings, structures, and premises or portions thereof, which are unfit for other uses, due to conditions of
dilapidation, disrepair, structural defects, defects increasing the hazards of fire, accidents, or other calamities,
inadequate ventilation and uncleanliness, inadequate light or sanitary facilities, inadequate drainage,
overcrowding, or other conditions harmful to the health and welfare of the residents of the Federal Way; and
WHEREAS, the City ofF ederal Way recognizes the detrirnental effects on public health, safety, and welfare
stemming from unfit dwellings, buildings, structures, and premises at various locations throughout the City;
and
WHEREAS, Chapter 35.80 RCW authorizes cities to adopt ordinances that enable cities to address such
conditions fairly, effectively, and with reasonable assurance that costs incurred by the City to abate such
conditions will be recovered.
Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. New sections are added to Chapter 1, Article III, "Civil Enforcement of the Code," of the
Federal Way City Code to read as follows:
1-26 Additional enforcement mechanism.
In addition to, and in combination with, the enforcement methods set forth in FWCC Chapter 1 Article ill
and elsewhere in the Federal Wav Citv Code, violations of the Federal Wav City Code may be enforced under
the provisions set forth in FWCC 1-26 through 1-40.
ORD #07-
, Page 1
1-27 Findin2s.
It is found that there exist in the City of Federal Way, dwellings, and other buildings, structures, and
premises which are unfit for human habitation and which are unfit for other uses due to dilapidation, disrepair,
structural defects, defects increasing the hazards of fire, accidents, or other calamities, inadequate drainage,
overcrowding, or due to other conditions which are detrimental to the health and welfare of the residents of the
City. Dangerous or unfit buildings or structures as defined by FWCC 1-30 are declared to be public nuisances.
1-28 RCW Chapter 35.80, adopted.
RCW Chapter 35.80, "Unfit Dwellings, Buildings, and Structures," as it currently exists or is hereinafter
arnended, is hereby adopted.
1-29 Improvement officer and appeals commission desi2nated.
(a) The City of Federal Way Hearing Examiner is designated as the City's "Improvement Officer," and
shall have the full scope of authority granted to that official under Chapter 35.80 RCW. except that the City
Building Official, or his or her designee, shall provide all administrative functions such as the inspection of
buildings, or portions thereof, for the purpose of determining whether any conditions exist which render such
buildings dangerous or unfit pursuant to FWCC 1-30.
(b) The City of Federal Way City Manager, or his or her designee, is designated as the City's "Appeals
Commission," and shall have the full scope of authority granted so that commission under Chapter 35.80 RCW.
1-30 Dan2erous or unfit buildin2s or structures defined.
Buildings or structures which have any or all of the following defects shall be deemed "dangerous or
unfit buildings or structures":
(a) Those whose interior walls or other vertical structural members list. lean or buckle to such an
extent that a plumb line passing through the center of gravity falls outside the middle third of its base:
(b) Those which, exclusive of the foundation, show 33 percent, or more, of damage or deterioration of
the supporting member or members, or 50 percent of damage or deterioration of the non-supporting enclosing
or outside walls or covering:
ORD #07-
, Page 2
(c) Those which have improperly distributed loads upon the floors or roofs or in which the same are
overloaded, or which have insufficient strength to be reasonably safe for the purpose used;
(d) Those which have become damaged by fire, wind, or other causes so as to have become dangerous
to life, safety, morals, or the general health and welfare of the occupants or the people of the City of Federal
Way;
(e) Those which have become or are so dilapidated or decayed or unsafe or unsanitary, or which so
utterly fail to provide the amenities essential to decent living, that they are unfit for human habitation, or are
likely to cause sickness or disease, so as to work injury to the health, morals, safety, or general welfare of those
living therein;
(f) Those having light, air, and sanitation facilities which are inadequate to protect the health, morals,
safety, or general welfare of human beings who live or may live therein;
(g) Those having inadequate facilities for egress in case of fire or panic. or those having insufficient
stairways, elevators, fire escapes, or other means of communication;
(h) Those which have parts thereof which are so attached that they rnay fall and injure members of the
public or property;
(i) Those which because of their condition are unsafe or unsanitary, or dangerous to the health, morals,
safety, or general welfare of the people of this city;
(j) Those which have any exterior cantilever wall, or parapet, or appendage attached to or supported
by an exterior wall of the building located adjacent to a public way, or to a way set apart for exit from a
building or passage of pedestrians, if such cantilever, parapet, or appendage is not so constructed, anchored, or
braced as to remain wholly in its original position in event of an earthquake ca{>able of producing a lateral
force equal to gravity;
(k) Those which in whole or in part are erected, altered, remodeled, or occupied contrary to the
ordinances adopted by the city;
ORD #07-
, Page 3
(1) Those which have any exterior wall located adiacent to a public way. or to a way set apart for exit
from a building or passage of pedestrians. if such wall is not so constructed. anchored. or braced as to remain
wholly in its original position in event of an earthquake capable of producing a lateral force equal of 0.2 of
gravity.
1-31 Standards for repair. vacation. or demolition.
The following standards shall be followed in substance by the Improvement Officer and the Appeals
Commission in ordering repair. vacation. or demolition of buildings or structures:
(a) If the "dangerous or unfit building or structure" can reasonably be repaired so that it will no longer
exist in violation of the terms of this Chapter. it shall be ordered repaired by the Improvement Officer or by the
Appeals Commission. on appeal.
(b) If the "dangerous or unfit building or structure" is 50 percent damaged. decayed. or deteriorated in
value it shall be demolished. Value as used herein shall be the valuation placed upon the building or structure
for purposes of general taxation.
(c) If the "dangerous or unfit building or structure" cannot be repaired so that it will no longer exist in
violation of the terms of this Chapter it shall be demolished.
(d) If the "dangerous or unfit building or structure" is a fire hazard. existing or erected in violation of
the terms of this Chapter or any other ordinance of the City of Federal Way or the laws of the state of
Washington. it shall be demolished. provided the fire hazard is not eliminated by the owner within a
reasonable time.
1-32 Issuance of complaint.
If. after a preliminary investigation of any dwelling. building. structure. or premises. the City Building
Official. or his or her designee. finds that it is unfit for human habitation or other use. the Building Official. or
his or her designee. may issue a complaint conforming to the provisions ofRCW 35.80.030. stating in what
respects such dwelling. building. structure. or premises is unfit for human habitation or other use. In
determining whether a dwelling. building. structure. or premises should be repaired or demolished. the
ORD #07-
, Page 4
Building Official shall be guided by the Federal Wav Citv Code, specifically FWCC 1-30, and such other
codes adopted pursuant to the Federal Wav City Code as the Building Official deems applicable, in particular
the most recent edition of the International Proverty Maintenance Code.
1-33 Service of complaint.
A complaint issued under this Chapter shall be served on the parties and posted on the subiect property
pursuant to RCW 35.80.030, and shall also be filed with the King County Auditor. All complaints or other
documents posted on the subiect property shall remain in place until the complaint has been resolved. For
purposes of service, such complaints or other documents are deemed effective on the day of posting.
1-34 Complaint hearin!!.
Not less than ten days nor more than 30 days after serving a complaint, the Improvement Officer shall
hold a hearing conforming to the provisions ofRCW 35.80.030, at which all parties in interest shall be given
the right to appear in person, to bring witnesses, and to give testimony regarding the complaint. At any time
prior to or at the time of the hearing, any party may file an answer to the complaint. Such a hearing shall be
governed bv the City of Federal Way Hearing Examiner's Rules, which shall be available for public inspection
at the Federal Way Department of Communi tv Development Services.
1-35 Determination. findin!!s offact. and order.
Within ten days of the complaint hearing, the Improvement Officer shall issue a Determination, Findings
of Fact, and Order, conforming to the provisions ofRCW 35.80.030(f), stating the Improvement Officer's
determination as to whether the subiect dwelling, building, structure, or premises is unfit for human habitation
or other use: the findings of fact supporting the determination: and an order specifving the actions necessary to
address any unfitness, and a deadline for completing the actions. In issuing the Determination, Findings of
Fact, and Order, the Improvement Officer shall be guided by the Federal Wav City Code, specifically FWCC
1-30 through 1-31, and such other codes adopted pursuant to the Federal Wav City Code as the Improvement
Officer deems applicable. The Determination, Findings of Fact, and Order shall be served and posted as set
ORD #07-
, Page 5
forth in FWCC 1-33, and if no appeal is filed within the deadline specified in FWCC 1-36, a copy of the
Determination, Findings of Fact, and Order shall be filed with the Kin~ County Auditor.
1-36 Appeal to appeals commission.
Within 30 days of service ofa Determination, Findings of Fact, and Order, anypartvmay file an appeal to
the Appeals Commission. The Appeals Commission shall conduct a hearing on the appeal and issue a ruling
within 60 days from the date the appeal is filed; and if the Appeals Commission issues any oral findings of
fact, the ruling shall contain a transcript of such findings in addition to any findings issued at the time of the
ruling. The ruling shall be served and posted as set forth in FWCC 1-33, and ifno appeal is filed within the
deadline specified in FWCC 1-37, a COpy ofthe ruling shall be filed with the King County Auditor.
1-37 Appeal to superior court.
Any person affected by a Determination, Findings of Fact, and Order issued by the Improvement Officer,
who has brought an appeal before the Appeals Commission pursuant to FWCC 1-36 may, within 30 days after
the Appeals Commission's ruling has been served and posted pursuant to FWCC 1-33, petition the King
County Superior Court for an iniunction restraining the Building Official, or his or her designee, from carrying
out the provisions of the Determination, Findings of Fact, and Order. In all such proceedings, the Court is
authorized to affirm, reverse, or modify the order, and such trial shall be heard de novo.
1-38 Remediation/penalties.
If a party, following exhaustion of the party's rights to appeal, fails to comply with the Determination,
Findings of Fact, and Order, the Building OfficiaL or his or her designee, may direct or cause the subiect
dwelling, building. structure. or premises to be repaired, altered, improved, vacated, and closed, removed, or
demolished pursuant to Chapter 35.80 RCW.
1-39 Tax lien.
The cost of any action taken by the Building OfficiaL or his or her designee, under FWCC 1-38 shall be
assessed against the subiect property pursuant to Chapter 35.80 RCW. Upon certification by the City of
Federal Way finance director, or his or her designee, that the assessment amount is due and owing, the King
ORD #07-
, Page 6
County Treasurer shall enter the amount of such assessment upon the tax rolls against the sublect property
pursuant to the provisions ofRCW 35.80.030.
1-40 Salva2e.
Materials from any dwelling, building, structure, or premises removed or demolished by the Building
Official. or his or her designee, shall, if possible, be salvaged and sold as if the materials were surplus property
of the City of Federal Way, and the funds received from the sale shall be credited against the cost of the
removal or demolition; and if there be any balance remaining, it shall be paid to the parties entitled thereto, as
determined by the Building Official. or his or her designee, after deducting the costs incident thereto.
Section 2. 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 3. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but no limited to, the correction of scrivener/clerical errors,
references, ordinance numbering, section/subsection numbers, and any references thereto.
Section 4. Effective Date. This ordinance shall take effect and be in force five (5) days from the time of
its final passage, as provided by law.
PASSED by the City Council of the City ofF ederal Way this
day of
,2007.
CITY OF FEDERAL WAY
MAYOR, MICHAEL PARK
ArrEST:
CITY CLERK, LAURA HATHAWAY, CMC
ORD #07-
, Page 7
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RiCHARDSON
FILED WITH THE CITY CLERK.:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No:
I:IOOCUMENT\2007 Building Code ChangelUnfit Structures Ordinance.doc
ORD #07-
, Page 8
COUNCIL MEETING DATE: October 2, 2007
ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Proposed Ordinance To Add a New Section to Chapter I, Article III of the Federal Way City Code
(FWCC) to Authorize Code Enforcement to issue Civil Infractions for Code Violations.
POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE PROPOSED ORDINANCE TO ADD A NEW
SECTION TO CHAPTER 1, ARTICLE III OF THE FEDERAL WAY CITY CODE TO AUTHORIZE CODE
ENFORCEMENT TO ISSUE CIVIL INFRACTIONS FOR CODE VIOLATIONS?
COMMITTEE: LAND USE AND TRANSPORTATION
MEETING DATE: 9/17/2007
CATEGORY:
D Consent
D City Council Business
[8] Ordinance
D Resolution
D
D
Public Hearing
Other
STAFF REPORT By: MONlCA BUCK DEPT: Law
............._.........._......._._._........._...._......... . .._............ .............................._..._................................. ....................... ........ .. ...... ...__ ........................................._.............__. .............................__............................ ............. ............__.....__............_................_............_mn.__....mm......
On August 14,2007, this issue carne before the Parks, Recreation, Human Services and Public Safety Committee
for consideration as part of the criminal law and code enforcement update. The Committee raised some
questions regarding the application of the ordinance and the impact of the ordinance on other enforcement tools.
For this reason, the issue returned to Parks on 9/11/07 (Parks approved with the addition of l-25(d) which is
highlighted), but is appropriate for consideration by the Land Use and Transportation Committee. To clarify, this
civil infraction is intended solely as a code enforcement tool.
The Civil Infraction Ordinance does not change the City's authority to issue a Notice of Violation and Order to
Correct (NOV) or charge a person with a misdemeanor. The civil infraction ordinance merely gives code
enforcement officers another tool to utilize when responding to code violations. Several area cities, including
Kent, Tukwila and Burien have enacted civil infraction ordinances in addition to NOVs and misdemeanor
enforcement tools. Those cities have found that civil infractions are the quickest, cheapest, and most cost
effective method for obtaining compliance.
Options Considered:
1. Recommend approval of the proposed Ordinance and forward to full
Council for first reading at the October 2, 2007 City Council rneeting.
2. Suggest modifications to the proposed Ordinance and provide direction to staff.
.._..___m..._..m......._ ..m_.m...m}.:._.~~j~~!!h~P!l:)El:)s.~~.Q!clil'la.I'l~~:... m.mmm.mm.....m....mm..... .mm._..__........___..... m ................_..._.m._...
STAFF RECOMMENDATION: Recommend approval of the proposed Ordinance and forward to full Council
for the first reading at the October 2007 meeting.
CITY MANAGER ApPROVAL:
Council
DIRECTOR ApPROVAL: P PrtL
Committee
Council
COMMITTEE RECOMMENDATION: Option
Committee Chair
Committee Member
Committee Member
PROPOSED COUNCIL MOTION: "[ move approval of Option
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIOEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
COUNCIL MEETING DATE: October 2,2007
........................................................__...............__..n. ............__........................_..........,...........~..
ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Proposed Ordinance To Add a New Section to Chapter 1, Article III of the Federal Way City Code
(FWCC) to Authorize Code Enforcement to Issue Civil Infractions for Code Violations.
POLICY QUESTION: SHOULD THE CITY COUNCIL APPROVE THE PROPOSED ORDINANCE TO ADD A NEW
SECTION TO CHAPTER 1, ARTICLE III OF THE FEDERAL WAY CITY CODE TO AUTHORIZE CODE
ENFORCEMENT TO ISSUE CIVIL INFRACTIONS FOR CODE VIOLATIONS?
COMMITTEE: PARKS RECREATION & PUBLIC SAFETY
MEETING DATE: 9/11/2007
CATEGORY:
D Consent
D City Council Business
IZI Ordinance
D Resolution
D
D
Public Hearing
Other
STAFF REpORT By: JENNIFER SNELL DEPT: Law
.......................------..............................................-.........................................-................- ......................-........................- ...................-...................-.............--........... .... ............................-....... . ...........-..................................-- ............................................................ .......................................
On August 14, 2007, this issue came before the Parks, Recreation, Human Services and Public Safety Committee
for consideration as part of the criminal law update and code enforcement update to Chapter 1 of the FWCC.
The Committee raised some questions regarding the application of the ordinance and the impact of the ordinance
on other enforcement tools. To clarify, this civil infraction is intended solely as a code enforcement tool.
Because it is exclusively a tool for code enforcement officers, the proposed Ordinance also went to the Land Use
and Transportation Council Committee on September 10,2007.
The Civil Infraction Ordinance does not change the City's authority to issue a Notice of Violation and Order to
Correct (NOV) or charge a person with a misdemeanor. The civil infraction ordinance merely gives code
enforcement officers another tool to utilize when responding to code violations. Several area cities, including
Kent, Tukwila and Burien have enacted civil infraction ordinances in addition to NOV s and misdemeanor
enforcement tools. Those cities have found that civil infractions are the quickest, cheapest, and most cost
effective method for obtaining compliance.
Options Considered: 1. Recommend approval of the proposed Ordinance and forward to full
Council for first reading at the October 2, 2007 City Council meeting.
2. Suggest modifications to the proposed Ordinance and provide direction to staff.
..................................._...__......___......?_:.........__.g~L~~!!h~p!.~p~se4.g!.9.:i~~.<::.~:.__.._.____.._...__.__..._.._...........__.__....__......._____....____..____.__.._.__......._....._
STAFF RECOMMENDATION: Recommend approval of the proposed Ordinance and forward to full Council
for the first readin at the October 2, 2007 meetin .
CJ..TY MANAGEB.J\PPROV A .
~~(1t-t(..l<~ ~
~ Ii...
\.....i
Comm ee Cha'f
\../ PROPOSED COUNCIL MOTION: "I move approval of Option
DIRECTOR ApPROVAL:
'qee Council
.l~ C#C-- ~ ~
( ~ ~
. Commltt e Member
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED COUNCIL BILL #
o DENIED 1ST reading
o TABLEDIDEFERRED/NO ACTION Enactment reading
o MOVED TO SECOND READING (ordinances only) ORDINANCE #
REVISED - 02/06/2006 RESOLUTION #
~V'v\'\ tl-t-e.. 1<~MMendcL {.1 'Q'Vl : ~ {1 0\1\ 2 . Moct ~ ~V'op~ 'FLUCL \ -2 S '
-to a....d.J... <;~~~C 'l1bV\ C.,t) \\, 'rk;s ~c-h~ skoJ.( vtot ~rec..luk e.rit'Y\; ~et.1
7V"O~C,L....-'t-tC>K ~ FtuCL l-\3". ron.ua..rdl -to LlkTc.. C;[r=l/20C:;-1-.
~
CITYOF , p
Federal Way
CITY ATTORNEY'S OFFICE
MEMORANDUM
DATE:
TO:
FROM:
SEPTEMBER 12, 2007
LAND USE AND TRANSPORTATION COUNCIL COMMITIEE
MONICA BUCK, CITY STAFF ATIORNEY
SUBJECT: CIVIL INFRACTION ORDINANCE
On August 14, 2007, staff presented an ordinance designating civil violations as civil infractions
to the Parks, Recreation, Humans Services and Public Safety Council Committee, because it
originally contained provisions relating to the police. The Parks, Recreation, Humans Services and
Public Safety Council Committee raised some questions regarding the application of civil infractions
and the impact of the ordinance on other enforcement tools.
On September 11, 2007, staff presented the Parks, Recreation, Human Services and Public
Safety Council Committee with an amended ordinance. The Committee approved the ordinance
with one minor revision. The attached ordinance reflects the changes that have been made to the
ordinance following both the August 14, 2007, and September 11,2007, Parks, Recreation, Human
Services and Public Safety Council Committee meetings.
The civil infraction ordinance provides another tool for code enforcement officers to use when
responding to a complaint of a public nuisance or code violation, and is a tool used in other
jurisdictions including the cities of Kent, Tukwila and Burien. Compliance under civil infraction is
usually quicker than under a Notice of Violation & Order to Correct ("NOV").
The civil infraction ordinance does not change the City's authority to issue a NOV or charge a
person responsible for a violation with a misdemeanor as provided in FWCC 1-13(a). The fact that
the City can charge a person criminally for a violation "shall not preclude and shall be deemed to be
in addition to administrative and civil remedies as may be set forth in this Code. .." FWCC 1-13(b).
The civil infraction ordinance merely gives code enforcement officers another tool to utilize when
responding to code violations. In general, a civil infraction is the quickest, cheapest, and most cost
effective method for obtaining compliance.
Please let us know if you have any additional questions or concerns.
K\Memo\2007\Civil Infraction Ordinance. doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 1,
ARTICLE~ II AND III AND ADDING A NEW SECTION TO
CHAPTER 1, ARTICLE III OF THE FEDERAL WAY CITY
CODE TO AUTHORIZE ENFORCEMENT OF CODE
PROVISIONS BY CIVIL INFRACTION. (Amending Ordinance
Nos. 89-14,90-68, and 99-342)
WHEREAS, the Federal Way City Council is authorized pursuant to RCW 35A.ll.020 to
adopt and enforce ordinances relating to and regulating its local and municipal affairs and
appropriate to the good government of the City; and
WHEREAS, police officers and code enforcement officers diligently work to enforce the
provisions of the City Code; and
WHEREAS. civil violations of the Federal Wav Citv Code are detrimental to the oublic.
health. safety. and welfare: and
WHEREAS. enforcement officers and officials are authorized to issue civil infractions to
enforce the orovisions of the Federal Wav City Code ("FWCC") desilmated as infractions or as
oenalties: and
WHEREAS. the establishment of a system of civil infractions for civil violations. as defined
under FWCC 1-15. will aid in enforcement. will helo reimburse the City for exoenses of
enforcement. and will be a more exoeditious and less exoensive method of disoosinQ: of minor
offenses: and
WHEREAS. technical chanQ:es need to be made FWCC Chaoter 1 Article III to {!fant code
ORD#
, PAGE 1
enforcement officers authority to issue civil infractions for civil violations: and
WHEREAS. the City Council finds it in the best interest of its citizens to clarify and
distin2:Uish civil violations. as defined in FWCC 1-15. from civil infractions. authorized oursuant to
FWCC 1-24:
'NHEREf..S, pm-suant to F\VCC 1 13, any violation of the code may be a misdemeanor
punishable by a fine of up to $1,000 and up to ninety (90) days in addition to ciyil penalties; and
VlHEREAS, in the interest of justice, certain violations ofthe F\VCC do not rise to the leyel
of a criminal yiolation; and
',llHEREAS, adding a provision that allows police officers or code enforeemoo.t officers the
al:1:thority to enforce yiolations 'lIith a ci'lil infraction ..:here the violation does not rise to eriminal
condaet is in the interest ofthe health, safety, and welfare ofthe general pablie;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 1, Article II, Section 1-13, of the Federal Way City Code shall be
amended to read as follows:
1-13 General penalty.
(a) Unless otherwise provided, any person violating any ofthe provisions or failing to comply
with any of the mandatory requirements of this Code or any ordinance of the city, or any rule or
regulation adopted by the city council pursuant thereto, shall be guilty of a misdemeanor. Except in
cases where a different punishment is prescribed by this Code or any ordinance of the city, any
person convicted of a misdemeanor under this Code or the ordinances of the city shall be punished
ORD#
, PAGE 2
by a fine not to exceed $1,000 or imprisonment for a period of not more than 90 days or by both such
fine and imprisonment.
(b) This section shall not preclude and shall be deemed to be in addition to administrative and
civil remedies as may be set forth in this Code or ordinances ofthe city, including but not limited to
FWCC 1-14 through 1-2J~.
(c) Each and every day during any portion of which a violation of any of the provisions of this
Code or the ordinances of the city is committed and continues shall be deemed to be a separate
offense. (Ord. No. 89-14, ~ 1, 12-19-89; Ord. No. 90-68, ~ 1,7-10-90; Ord. No. 99-342, ~ 3,5-4-99)
SECTION 2. A new section is added to Chapter 1, Article ill, Civil Enforcement ofthe Code,
ofthe Federal Way City Code to read as follows:
1-25 Civil violations desh!nated as civil infractions.
Unless otherwise provided. anv person 'liolating or failing to eomplv with the provisions of the
Federal 'Nay City Code. may be issued a eivil infraction pursuant to FWCC 1 24.
( a) If. after investi2:ation or after the comolaint of residents or others. the enforcement officer has
orobable cause to believe that a civil violation has occurred or is occurrin2:. as defined bv FWCC 1-
15. he/she mav issue a civil infraction oursuantto FWCC 1-24 to the orooerty owner or to anv person
causin2:. allowin2: and/or oarticioatin2: in the violation.
(b) A civil infraction issued pursuant to FWCC 1-24 reoresents a determination that a civil
violation has been committed. This determination is final and conclusive unless contested as
orovided in Chapter 7.80 RCW.
ORD#
, PAGE 3
~ Each civil infraction shall carry with it a monetary penalty of $1 00.00 for the first violation.
$200.00 for a second violation ofthe same nature or a continuing violation. and $300.00 for a third
or subsequent violation of the same nature or a continuing violation.
SECTION 3. Chaoter 1. Article III. Section 1-23. of the Federal Way City Code shall be
amended to read as follows:
1-23 Meanin2: ofterms.
Whenever the terms "civil infraction" iHld "civil oenaltv" are is used in any code. ordinance or
re2:ulation ofthe city. these this terms shall be deemed to have the same meanin2: as the terms "eivil
'liolation" and "monetary oenaltv." resoectively. as used in this chaoter.
SECTION J4. 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 ofthe application thereofto 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 4ic Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
SECTION 6. Corrections. The Citv Clerk and the codifiers ofthis ordinance are authorized
to make necessary corrections to this ordinance includin2:. but no limited to. the correction of
scrivener/clerical errors. references. ordinance numberin2:. section/subsection numbers and anv
references thereto.
ORD#
, PAGE 4
SECTION ~7. Effective Date. This ordinance shall take effect and be in force five (5) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this
day of
2007.
CITY OF FEDERAL WAY
MAYOR, MIKE PARK
ATTEST:
CITY CLERK, LAURA HATHAWAY, CMC
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
K:\ordinance\2007\Civil Infraction.doc
ORD#
, PAGE 5