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Council PKT 10-02-2007 Regular AGENDA FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall October 2, 2007 - 7:00 PM (www.cityofJederalway.com) ***** 1. MEETING CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Proclamation: Mayor's Day of Concern for the Hungry b. Presentation: Certificates of Appointment to the Youth Commission c. City Manager Emerging Issues 4. PUBLIC COMMENT PLEASE COMPLETE THE PINK SLIP & PRESENT TO THE CITY CLERK PRIOR TO SPEAK1NG. Citizens may address City Council at this time. When recognized by the Mayor, please come forward to the podium and state your name for the record. PLEASE LIMIT YOUR REMARKS TO THREE MINUTES. The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or are otherwise inappropriate. 5. CONSENT AGENDA ltems listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. lndividual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: Approval of the September 18, 2007 Regular and Special Meeting Minutes b. Enactment Ordinance: Amending the Utility Tax Code c. Pacific Highway South HOV Lanes Phase IV Project; 30% Design Status 6. INTRODUCTION ORDINANCES a. Ordinance Adopting the 2006 International Building Code 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 BUILDING CODE (AMENDING ORDINANCE NOS. 90-33, 92-143,95-234, 98-320,01-402 AND 04-465). b. Ordinance to Add a New Section - Chapter 1, Article III to the Federal Way City Code Authorizing Enforcement of Code Provisions through Civil Infractions AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 1, ARTICLES 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). 7. COUNCIL BUSINESS a. Roads and Transit RTID/ST2 Ballot Question 8. COUNCIL REPORTS 9. CITY MANAGER REPORT 10. EXECUTIVE SESSION a. Sale or Lease of Property pursuant to RCW 42.30.110(1)(c) b. Potential Litigation pursuant to RCW 42.30.11O(1)(i) 11. ADJOURNMENT ** THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THE AGENDA ** . . . . . . . . ", ~~i:"ii~\.t!!''!;::::i'-;~\;~.. ~~_:liIi~. ~. '\\'; ;'/".. .~_,,:; ,\"',~t~.~~~~~i. ,:,~~~;'~..:f!'//' ::~:':\~~i~;]!.~.\\' ~~:".~\1~;;l~....? .. "'l,,"~~~\,~i~';;f,. ... ii:itl'II..~,~i; ;~.~,\~\\'si::,. ~~\\~,~.~~~~~,. .j~~~~$.:'f'::' ~~'/ :,~'\~11~~.~: ~~~~.~'~~Eff,'~ ....~~ ..~~t;i~~'~\~''''''";.-''. ." ..\~t;g~~!~,~\~:, ,'I,~,"'~~'~\::~' .-\,,-, "~:~~~~,, ,.,i~'i. ,:.~t':' ,,':: ;\\~~~1.:~.:.~: ~~.",~~~~:;;,"\": ,~.,. . ....:.....~"",'~ ',:.. ~ Federal Way CERTIFICATE OF ApPOINTMENT This is to certify that Samuel Tang Is hereby appointed to serve as an alternate member of the Youth Commissionfor a term expiring on August 31,2009. Dated this 2nd day of October, 2007. Mike Park, Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, Counci/member Linda Kochmar. Counci/member Jack Dovey, Councilmember Dean McColgan, Counci/member Eric Faison, CouncUmember . ~ ~ ~ ~ 0 () n' ..., tl ~ e trj ><- ;" (l) ~ r::;, ;" ~ 0- '" r;;' c t:x:l ...... ~ ~ ... ::r c ~ l:: ?<- ~ ;:. ... (ii' 0- ~ ~ ~ ~ N ~ ~ :::: l:: .!'l c ::l ;" ;" ... 0- ~ ,., ..., ~ ~ ~ 0- ;:s-. ~ l:: ~ ~ <'tl '" '" ;" ~ ~ ..., ~ ()- ()- ~ 0 '" '" ....., ... ... '" 0 ~ ~ ~ ~ 0- n ~ n '" ...... ... 0 ~ 0" ~. (l) ~'"l ~ '15 ~ ~ N -. 0 0 0 0 ;::s -. -.] ~ ;::s ~ ~ ~ ~ ~ trj ~ B' ~ -. ~'~ rIl V:l 0 ~ ~ rIl -. V:l ~ <'tl -. C ~ ~ ~ ~ a.~ ~ ~ n ~ <'tl ~ ([) ~ t;Q "'I: ~ ........ ~ ~ ~ Q1 r::;, ~ -. ~ t-. ~ ~ ........ '" ;:;' ~ -. _. ~ tl ~ ~ ;::s ~ -- ;" ~ ~ l::l ~ ><:: ~ ~ ........ ~ c ~ (') ..., 0 -... c ;,,- ,.... ~ riQ ;:J r::;, ;::s tl tl '" ~ ~ 0 OJ ;:s ~ ~ l:: ;::s ~ ~ ~ ~ '< l:: ~ :::: ;" ~ ~ ;" ..., ~. ~ ~ c ~ Z '" ... ~ ~ '" ~ ;:J ...... 0- <'tl ()- '" lJ.J '" ... ~ ~ ... ........ <::)-i t'-..)<'tl ~ a~ ~~ trj ...... ;:s-. Z <'tl ~ . . . . . . . . . '. ".i~~:~~~~,,{~~\\~~.- ~'~i:gl~!!;\:':, ;':';'~':':-'~~!::j" \'\',~. ,;:,:~:\, "~~~'~~" .'~"'" :,,~: :~~~~;h~':',.~\\ ~"~".~~~~::"~ :.~, #~ Federal Way CERTIFICATE OF ApPOINTMENT This is to certifY that Caroline Hellwig Is hereby appointed to serve as a member of the Youth Commission for a term expiring on August 31, 2009. Dated this 2nd day of October, 2007. Mike Park, Mayor Jim Ferrell, Deputy Mayor Jeanne Burbidge, CouncUmember Linda Kochmar. CouncUmember Jack Dovey, CouncUmember Dean McColgan, CouncUmember Eric Faison, CouncUmember . . " . . . . . . . COUNCIL MEETING DATE: October 2, 2007 ITEM #: 5-a -..-.---..-..-------....---..--.----.--.-..-.--...-------.---.----..---..-..-...-.---.........-.......--......--....-.--.--.---.....--..-....-...........--..........-..-..__.._______._.______._____...____._____.____m_ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should Council approve the draft minutes of the September 18, 2007 special and regular meetings? COMMITTEE: Not Applicable MEETING DATE: Not Applicable CATEGORY: [8J Consent D City Council Business o Ordinance o Resolution o o Public Hearing Other ~!~FF REPOR!J~Y:. ~l!.t 1.l!l!~iE!!:~_~~_________________________...____..__.____.___._____~EPT: Not App~icable _.______.._____ Attachments: Draft meeting minutes of the September 18, 2007 special and regular meetings, Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. --.-----.---.-....----..-.--..---.---.-----.--.....---..-..-....-------.------.--.---....-....----.------.------.---.-------...-.-- STAFF RECOMMENDATION: Staff recommends approving the minutes as presented. CITY MANAGER ApPROY AL: NIA DIRECTOR ApPROY AL: NIA NIA Committee Council Committee Council COMMITTEE RECOMMENDATION: Not Applicable PROPOSED COUNCIL MOTION: "I move approval of the meeting minutes of the September 18,2007 special and regular meetings." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACfION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # SPECIAL MEETING MINUTES FEDERAL WAY CITY COUNCIL September 18th, 2007 - City Hall- 5:00 PM . (www.cityoffederalway.com) ****** I. CALL MEETING TO ORDER Deputy Mayor Ferrell called the meeting to order at 5:00 PM. Councilmembers Burbidge, Dovey, Faison, Kochmar and McColgan present. Mayor Park was excused. Council interviewed the following candidates for positions on the City Youth Commission. II. CANDIDATE INTERVIEWS: YOUTH COMMISSION Hylebos Conference Room -Councilmembers Kochmar, Dovey and McColgan c. d. Kevin Suh - 5:00 PM Samuel Tang - 5:10 Olivia Timothy - 5:20 Joshua Mussa - 5:30 Catherine Rawsthorne - 5:40 Traci Johnson - 5:50 Heather Hallstrom - 6:00 Jordan Rohrs - 6:10 . a. b. e. f. g. h. City Council Chambers - Deputy Mayor Ferrell and Councilmembers Burbidge and Faison a. Justin Yi - 5:00 PM b. Christina Jeong - 5:20 c. Caroline Hellwig - 5:30 d. Riley Germanis - 5:40 e. Andrea Ortega - 5 :50 f. Jessica Baik - 6:00 g. Marlon Harrington - 6:20 III. DISCUSSION Appointments will be made at the Regular City Council Meeting under the Council Business Section immediately following at 7:00 PM. IV. ADJOURN Deputy Mayor Ferrell adjourned the Special Meeting at 6:40 PM. ATTEST: Laura K. Hathaway, City Clerk . Approved by Council on: _ . . . FEDERAL WAY CITY COUNCIL REGULAR MEETING Council Chambers - City Hall September 18, 2007 -7:00 PM MINUTES (www.cityofJederalway.com) ***** 1. MEETING CALL TO ORDER Deputy Mayor Ferrell called meeting to order at 7:02 PM. Councilmembers Burbidge, Dovey, Faison, Kochmar and McColgan present. Mayor Park was excused. Deputy Mayor Ferrell introduced several audience members including Pacific Mayor Richard Hildreth, School Board Member Tom Madden, Dick Burris and the Youth Advancing Leadership class. 2. PLEDGE OF ALLEGIANCE 3. PRESENTATIONS a. Proclamation: Boys and Girls Club Day for Kids Shelly Puariea, Executive Director Federal Way/Auburn Boys and Girls Club accepted the proclamation read by Councilmember Burbidge. Ms. Puariea presented the City with a plaque on behalf of the kids of the Federal Way/Auburn Boys and Girls Club and introduced several staff members. b. Proclamation: National Preparedness Month Emergency Manager Cary Roe accepted the proclamation read by Councilmember Kachmar declaring September as National Preparedness Month. Mr. Roe explained the 3 Ways/3 Days program asking the public to make a plan; obtain the needed supplies to be on your own for at least 72 hours; and get involved with the community. c. Presentation: Recognition of Federal Way National Little League All-stars Councilmember McColgan present the recognition to the little league team for their accomplishments in winning the State and District Championships and had the coaches and players introduce themselves. d. Presentation: Festival Days Parade Trophies Bob Hitchcock, President of Festival Days, introduced Grand Marshall Peggy LaPorte and together they presented trophies in several categories for the Festival Days Parade. e. City Manager Emerging Issues: · Code Enforcement House update Code Compliance Officer Greg Vause updated the Council and public on the clean-up to date of a Twin-Lakes area house with a presentation depicting the progress. Mr. Vause explained the City obtained a Voluntary Limited Right of Entry agreement which allowed staff onto the property to begin the clean-up. All costs associated with the clean-up will be assessed as a lien against th~ property. Federal Way City Council Regular Meeting Minutes September 18,2007 -Page 2 of5 · Status of Federal Way FEMA Recovery Projects . Emergency Management Coordinator Ray Gross updated the Council and public on recovery efforts to date from the Winter 2006 Storm. He stated the City has received $50,000 of $113,000 to date in FEMA funds. 4. PUBLIC COMMENT H. David Kaplan - Spoke in support of Consent Item i, the Arts and Conference Center Feasibility Study. Richard Burris - spoke in support of a Cool Cities Campaign and asked the City to take part. Norma Blanchard - asked about the survey results for the red-light photo enforcement and asked if the results were in favor of such enforcement. City Manager Neal Beets stated several surveys' were conducted, on the web, at the Farmers Market etc and while not scientific, they all demonstrated favorable feedback for the program. Joann Piquette - spoke in support of the Arts and Conference Center Feasibility Study. Peggy LaPorte - spoke in support of the Arts and Conference Center Feasibility Study. Philip Bobbington - spoke in support of a Cool Cities Campaign and asked the City to take part. Roger V onDoenhoff - spoke in support of a Cool Cities Campaign and asked the City to take part. . City Manager Beets aclmowledged the concerns regarding global warming and stated the he, along with several other staff members, will be attending a Clean Vehicles Now Conference on September 19, 2007 and he looks forward to other ways the city can "green-up". Suggestions include public education on the web. 5. CONSENT AGENDA Items listed below have been previously reviewed by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: Approval of the September 4, 2007 Regular Meeting Minutes Approved July 2007 Monthly Financial Report - approved Vouchers - approved Enactment Ordinance: Amending Criminal Enforcement Penalty Provisions Federal Way City Code Chapters 1 & 22 - approved - Ordinance 07-560 Enactment Ordinance: Amending the Criminal Code of Federal Way City Code to reflect Legislative changes - approved Ordinance 07-561 Federal Way Security System - Award Bid for Intrusion Detection System - approved 2007 PSE Conservation Grant Acceptance - approved Courtroom Pew Replacement - approved Arts and Conference Center Feasibility Study - approved . b. c. d. e. f. g. h. 1. . . . Federal Way City Council Regular Meeting Minutes September 18, 2007 - Page 3 of 5 MOTION: Councilmember Kochmar moved approval of Consent Items a-i. Councilmember Dovey second. The motion carried 6-0. 6. INTRODUCTION ORDINANCES 7. a. Ordinance Amending the Utility Tax Code AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE DEFINITION OF GROSS INCOME TO CHAPTER 14 - TAXATION, ARTICLE V, AND CLARIFIYING THE TAX YEAR AND EXEMPTION FROM THE UTILITY TAX OF INCOME. City Clerk Hathaway read the Ordinance Title into the record. MOTION: Councilmember Kochmar moved to forward the ordinance to a second reading/enactment on October 2, 2007. Councilmember Burbidge second. The motion carried 6-0 COUNCIL BUSINESS a. Youth Commission Appointments MOTION: Councilmember Burbidge moved the following appointments to the City's Youth Commission (terms expire on 8/31): REGULAR APPOINTMENTS: Catherine Rawsthorne (2009); Marlon Harrington (2008); Christina Jeong (2008); Traci Johnson (2008); Joshua Mussa (2009); Andrea Ortega (2009); Riley Germanis (2009); Caroline Hellwig (2009); Jordan Rohrs (2009); Kevin Suh (2009); Olivia Timothy (2009); AL TERNA TES: Samuel Tang (2009); Jessica Baik (2009); Justin Yi (2009); Heather Hallstrom (2009). Councilmember Kochmar second. The motion carried 6-0. b. Metro Service Partnerships City Traffic Engineer Rick Perez the proposal that would expand service routes and times with Metro. MOTION: Councilmember Dovey moved approval to enter into the agreement with the caveat that staff return to Council with ways the agreement can be cancelled if it's shown that the ridership numbers do not meet expectations. Councilmember Kochmar second. The motion carried 6-0. c. Interlocal BiddingIPurchasing Agreement with San Juan County d. Interlocal BiddinglPurchasing Agreement with City of Seattle MOTION: Councilmember Dovey moved approval ofboth)tems C &D as both are housekeeping issues. Councilmember Kochmar second. The motion carried 6-0. e. S. 348th Street HOV Lanes Project; Lakehaven Utility District and Construction ILA Project Engineer Brian Roberts explained the design for this project has been completed and Lakehaven now wishes to enter into a constniction agreement for the project. Federal Way City Council Regular Meeting Minutes September 18, 1007 - Page 4 of 5 Councilmember Kochmar recused herself from the vote as she is employed by Lakehaven Utility . District. MOTION: Councilmember Dovey moved approval. Councilmember Burbidge second. The motion carried 5-0 with 1 recusal. f. Han Woo-Ri Funding from King County and Amendment of the Memo of Understanding between the City and Han W oo-Ri Board Councilmember Faison reported this item is a housekeeping issue to include the funding received from King County and extend the term of the agreement between the City and the Han W oo-Ri Board. MOTION: Councilmember Faison moved approval. Councilmember McColgan second. The motion carried 6-0. g. Police Guild Collective Bargaining Agreement - Approved 6-0 City Attorney Pat Richardson reviewed the agreement which was reached after negotiations. Highlights of the agreement include an annual membership to the Community Center for those officers who pass the annual physical; take-home vehicles for those officers living in the city or potential annexation area (P AA) and review of the possibility of take-home vehicles for those officers living outside the city or P AA' MOTION: Councilmember Dovey moved approval of the Police Guild Collective Bargaining Agreement. Councilmember Kochmar second. The motion carried 6-0. 8. COUNCIL REPORTS . Councilmember Faison will attend a Growth Management Planning Council meeting on October 3, 2007. Discussion will focus on potential annexation areas for the City of Covington and the Highline P AA. Councilmember Dovey reported on the Land Use/Transportation Committee meeting stating a proposed ordinance for code enforcement mitigation was tabled until their October 1,2007 meeting. Councilmember Burbidge reported the next Parks/Recreation/Human ServiceslPublic Safety Committee Meeting is scheduled for October 9,2007; she also updated the Council on several upcoming transportation committee meetings and community events. Councilmember Kochmar reported on several regional committees on which she serves including the Puget Sound Regional Council which periodically conducts regional bus tours. The next one is scheduled in South King County on December 14, 2007 and she has asked that they come to the City of Federal Way in order to highlight our attractions and upcoming development projects. Councilmember Kochmar also asked that a discussion on airport noise be taken up at an upcoming LUTC meeting. Deputy Mayor Ferrell reported the Arts Alive Program will be held in Council Chambers on October 2,2007. 9. CITY MANAGER REPORT City Manager Beets reported on Local Infrastructure Financing Tools and the great work by staff obtaining $1 million out of$2.5 million available per year for 25 years beginning in 2010. Federal Way one of three cities and the only City in King County to receive funding. Mr. Beets thanked Assistant City Manager Iwen Wang . and Economic Development Director Patrick Doherty for their efforts. . Federal Way City Council Regular Meeting Minutes September 18, 2007 - Page 5 of 5 a. V ote by Mail City Clerk Hathaway updated the Council on King County's plans for an all mail election scheduled for April 2008. b. Police Department Performance Measures Police Chief Brian Wilson reviewed Police performance measures and crime trends including index crimes which are lower; quality oflife crimes (lower but consistent in that they rise during certain months); and calls for service (consistent). City Manager Beets reported Council would convene to Executive Session expected to last 30 minutes to one hour with no action expecte~ 10. EXECUTIVE SESSION Council adjourned to Executive Session at 9:00 PM to discuss the following: a. Sale or Lease of Property pursuant to RCW 42.30.110(1)( c) b. Evaluation of Public Employee pursuant to RCW 42.30. 11O(1)(g) 11. ADJOURNMENT . Deputy Mayor Ferrell adjourned the meeting at 10:02 PM. . A TrEST: Laura K. Hathaway, City Clerk Approved by Council on: ~~~~!_~~~~!!~_c:;_~~Y!.:~J6_(aIQ7.. ITEM#: 5(b) ......._.._.__..._.....__._.____..__......_._............__...____."..u____...__._m_.._..__...___.. . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Uniform Utility Tax Calculation Ordinance POLICY QUESTION: Should the City amend the Utility Tax Code to allow deduction of the utility tax paid from the definition of taxable revenue? COMMITTEE: Finance, Economic Development & Regional Affairs MEETING DATE: September 4, 2007 CATEGORY: o Consent o City Council Business [8J Ordinance o Resolution o o Public Hearing Other ~T AF~.~P~~.!.~~~_~~~~<::!!~~~~??~_~_i.!y~~'?~~ DEPT: Law ATIACHMENTS: . Draft Ordinance · August 7, 2007 Committee Agenda Bill & Staff Report BACKGROUND: Staff first presented this issue for Council consideration at its August 7, 2007 Finance, Economic Development & Regional Affairs Committee meeting. At that time, the Committee expressed concerns over the inconsistent application of the Federal Way City Code pertaining to utility tax Collection and directed staff to: . Conduct further research. . . Draft an ordinance to remedy the "tax on tax" collection formula by deducting utility taxes paid from the taxable revenue definition. . Return to the next FEDRAC meeting. In response, staff has drafted an ordinance to remedy tax collection discrepancies and to make collection of the City's Utility Tax consistent between all utility providers. Additionally, the proposed ordinance provides two housekeeping modifications: (I) definition of gross revenues reflect the service provided instead of tangible property sales; and (2) the license requirement is deleted as all license requirements are set forth in Chapter 9. The draft ordinance is attached for review. OPTIONS CONSIDERED: Approve the draft ordinance (amending the City Code to deduct utility taxes from the taxable revenue definition) and forward to the September 182007 City Council meeting for first reading. 2 Forward approval of enforcing the current code provisions (which requires utility companies to include utility tax in their taxable revenue calculation) to the September 19, 2007 City Council Consent Agenda. STAFF RECOMMENDATION: Staff recomme DIRECTOR ApPROVAL: fAiC Committee CITY MANAGER ApPROVAL: ATlON: I move approval ofOption----1--. PROPOSED COUNCIL MOTION: I move approval of '-~ Dean McCol an, Member .UNCIL ACTION: APPROVED o DENIED o T ABLED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL DIU # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # i:f';;7 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING THE DEFINITION OF GROSS INCOME TO CHAPTER 14 TAXATION, ARTICLE V, AND CLARIFYING THE TAX YEAR AND EXEMPTION FROM THE UTILTY TAX OF INCOME (AMENDING ORDINANCE NOS. 95-257, and 96- 262 ) WHEREAS, RCW 35.21.870 permits cities to levy a tax on the privilege of conducting utility businesses such as electrical energy, natural gas, or telephone business; and WHEREAS, at the November 7, 2006 election, the voters of the City of Federal Way authorized the City to levy a 1.75% utility tax upon the privilege of conducting an electrical energy, natural gas, storm drainage, garbage, cable television, cellular and other telephone and wireless communication services businesses for the purpose of financing enhanced police and community safety; and WHEREAS, effective January 1, 2007, the total utility tax levied on behalf of the City is 7.75%; and WHEREAS, utility companies do not calculate the taxes in the same manner, which may result in discrepancies in the amount collected for the City's 7.75% utility taxes; and WHEREAS, the discrepancy can be remedied by expressly excluding the City's utility tax in the deductions from gross revenue calculations; and WHEREAS, clarifying the definition of gross revenue to reflect services provided rather than referring to tangible property and deleting references to licensing in this taxation chapter are intended ORD# , PAGE 1 ._-~ . . . . . . as housekeeping measures that do not substantively affect the levying and/or collecting of utility taxes; and WHEREAS, the City Council finds that it is in the interest of the citizens to modify the Federal Way City Code provisions in regards to the utility tax. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. 14-171 Definitions. In construing the provisions of this chapter, the following definitions shall be applied: (1) Gross income means the value proceeding or accruing from the perfonnance of the particular public service or transportation business involved including operations incidental thereto, but without any deduction on account of the cost of the commodity furnished or sold, the cost of materials used. labor costs. interest, discount, delivery co.sts, taxes, or any other expense whatsoever paid or accrued and without any deduction on account of losses. sale of tangible property or service, and receipts (including all sums earned or charged, whether received or not), by reason of the investment of capital in the business engaged in, including rentals, royalties, fees, or other emoluments, ho'.vever designated (excluding receipts or proceeds from the use or sale of real property or any interest therein, and proceeds from the sale ofnot6s, bonds, mortgages, or other evidences of indebtedness, or stocks and the like) and 'llithout any deduction on account of the cost of the property sold, the cost of materials used, labor costs, interest or discount paid, or any expense whatsoever, and without any deduction 011 account of losses, including the amount of credit losses actually sustained by the taxpayer 'Nhose regular books or accounts are kept upon an accrual basis. (2) Cable service means: a. A system providing service pursuant to a franchise issued by the city under the Cable Communications Policy Act of 1984 Public Law No. 98-549, 47 USC Section 521, as it may be amended or superseded; and b. Any system that competes directly with such franchised system by employing antennae, microwave, wires, wave guides, coaxial cables, or other conductors, equipment or facilities designed, construed or used for the purpose of: 1. Collecting and amplifying local and distant broadcast television signals and distributing and transmitting them; 2. Transmitting original cablecast programming not received through television broadcast signals; or 3. Transmitting television pictures, film and videotape programs not received through broadcast television signals, whether or not encoded or processed to permit reception by only selected receivers; ORD# , PAGE 2 provided, however, that "cable television service" shall not include entities that are subject to charges as "commercial TV stations" under 47 USC Section 158. (3) Cellular telephone service means two-way voice and data telephone/telecommunications system based in whole or substantially in part on wireless radio communications and which is not subject to regulation by the Washington Utilities and Transportation Commission (WUTC). This includes cellular mobile service. The definition of cellular mobile service includes other wireless radio communications services such as specialized mobile radio (SMR), personal communications services (PCS) and any other evolving wireless radio communications technology which accomplishes the same purpose as cellular mobile servIce. (4) Competitive telecommunication service means the providing by any person of telecommunications equipment or apparatus, or service related to that equipment or apparatus such as repair or maintenance service, if the equipment or apparatus is of a type which can be provided by persons that are not subject to regulation as telephone companies under RCW Title 80 and for which a separate charge is made. (5) Designated official means such city employee or agent as the city manager shall designate. (6) Network telecommunication service means the providing by any person of access to a local telephone network, local telephone network switching service, toll service, or coin telephone services, or the providing of telephonic, video, data, pagers, or similar communication or transmission for hire, via a local telephone network, toll line or channel, cable, microwave, or similar communication or transmission system. "Network telecommunication service" includes interstate service, including toll service, originating from or received on telecommunications equipment or apparatus in this state if the charge for the service is billed to a person in this state. "Network telecommunication service" does not include the providing of competitive telecommunication service, the providing of cable television service, nor the providing of broadcast services by radio or television stations. (7) Telecommunications company includes every corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers appointed by any coqrt whatsoever, and every city or town owning, operating or managing any facilities used to provide telecommunications for hire, sale, or resale to the general public within this state. (8) Telecommunication business means the business of providing network telecommunication service, as defined in this section. It includes cooperative or farmer line telephone companies or associations operating an exchange. (9) Telecommunication service means competitive telecommunication service or network telecommunication service, or both, as defined in this section. (10) Solid waste means garbage, trash, rubbish, or other materials discarded as worthless or not economically viable for further use. The term does not include hazardous or toxic waste, and does not include yard waste or material collected primarily for recycling or salvage. (Ord. No. 95-257, ~ 1, 12-19-95; Ord. No. 96-262, ~ 1,2-20-96) ORD# , PAGE 3 . . . . . . 14-177 Lieense tTax year. All utility occupation licenses and tho fee fDr the tax therefor shull be for the tax year for -shieh issued nnd shall expire at the end of the tax year. The tax year shall commence January 1st and shall end on December 31st. (Ord. No. 95-257, S 1, 12-19-95; Ord. No. 96-262, S 1,2-20-96) 14-178 Deductions. In computing the tax imposed by this chapter, the following items may be deducted from the measure of the tax: (1) The amount of credit losses actually sustained by taxpayers whose regular books are kept upon an accrual basis. (2) Charges by a taxpayer engaging in a telephone business to a telecommunications company for telephone service that the purchaser buys for the purpose of resale. (3) That portion ofthe gross income derived from charges to another telecommunications company for connecting fees, switching charges, or carrier access charges relating to intrastate toll telephone services, or for access to, or charges for, interstate services. (4) Adjustments made to a billing or to a customer account or to an accrual account in order to reverse a billing or charge that had been made as a result of third-party fraud or other crime and was not properly a debt of the customer. (5) Amounts derived from a business which the city is prohibited from taxing under the Constitution ofthis state or the Constitution or laws ofthe United States. (6) Grants from governmental agencies. (7) The utility tax charged by the City of Federal Way. (Ord. No. 95-257, S 1, 12- 19-95; Ord. No. 96-262, S 1,2-20-96) Section 2. Severability. The provisions ofthis 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 ofthe remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 3. Corrections. The City Clerk and the codifiers ofthis 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# , PAGE 4 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 of Federal Way this , 2007. day of CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, LAURA HATHA WAY, 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/utility tax ORD# , PAGE 5 . . . ~f(MJoJ I\(, 'Jtj) 7 COUNCIL MEETING DATE: ~fitQRlbQr 1-- ITEM #: . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL rc~/P." SUBJECT: Utility Tax Calculation POLICY QUESTION: Should the City amend the Utility Tax Code to allow utility taxes to be deducted from the definition of taxable revenue? COMMITTEE: Finance. Economic Development & Regional Affairs MEETING DATE: August 7 CAlEGORY: )St Consent o City Council Business ~!.~~~_~_P.<?_~! BY:_J~~I!_~~!lJL_ ~. Ordinance o Resolution. o o Public Hearing Other DEPT: MS ATTACHMENTS: STAFF REPORT OPTlONS CONSIDERED: 1 Amend City Code to allow the City's utility tax to be deducted from the taxable revenue definition. 2 Enforce current code provision and compel all utility companies to include utility tax in their taxable revenue calculation. . STAFF RECOMl\1ENDA TlON: Staff recommends Option I CITY MANAGER ApPROVAL: Council DIRECTOR ApPROVAL: ~ L<t) Committee Council COMMITTEE RECOMMENDATION: I move the Council to direct staff to draCt a code amendment to allow utility companies to deduct City utility taxes paid from the taxable revenue calculation and bring the code amendment to Council for action at the September 4 Council meeting. Eric Faison, Chair Jeanne Burbidge, Member Dean McColgan, Member PROPOSED COUNCIL MOTION: '1 move that the Council amend the City code to allow utility companies to deduct City utility taxes paid from the taxable revenue calculation." (BELOW TO BE COMPLETED BY CITY CLERKS OFFfCE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED -02/06/2006 . COUNCIL BfU # 1ST .-eadidg Enactment .-eading ORDINANCE # RESOLUTION # I Ic:\finance\utility tax calculation.doc ClTY OF FEDERAL WAY STAFF REPORT . Date: ApriL 19, 2006 Finance, Economic DeveLopment and Regional Affairs Committee l wen Wang, Assistant City Manager Neal J. Beets, City Manager .(J) Utility Tax Calculation To: From: Via: Subject: This memorandum will review how utility companies calculate utility taxes and why the "effect of tax" shown on utility bills are frequently different from the actual tax rates provided by local ordinances. Utility Tax Application for Local Government Utility tax is one of the oldest Local option taxes (that a city's legislative body has option to impose) authorized by the state. Two hundred thirty-three cities and towns are currently levying some sort of utility taxes at rates between 1.5% to 38%. Sixty-nine cities have utility taxes higher than 6%, but most are levied on those utilities not subject to the 6% statutory limit I; only nine cities, including Federal Way, actually asked voter approval to raise all utility taxes above 6%. Of these nine cities, Federal Way's 7.75% is the lowest; five are at 8.5%, one at 9%, and one a 14.75%. . Taxable Revenue Oefinition Unlike sales tax, which is a tax on a person who purchases tangible properties, not the business selling the goods/services, a utility tax is a tax on a business as defined under RCW 82.16, public utility tax, and the base of the tax is to be calculated on gross income or gross receipts the business generates. Gross receipts is defined as "... value proceeding or accruing from the performance of the particuLar public service or transportation business involved, including operations incidental thereto, but without any deduction on account of the cost of commodity furnished or soLd, the cost of materials used, labor costs, interest, discounts, delivery costs, taxes, or any other expense whatsoever paid or accrued and without any deduction on account of losses," emphasis added. From this gross income/receipts definition, specific deductions are provided to arrive at the adjusted taxable revenues. The common.deductions are revenue generated from wholesale transactions or actual bad debts. . 1 RCW 35.21.870 restrict taxes on electricity, telephone, an natural gas to 6% without a vote of the people. k:\finance\utility tax calculation.doc When the City first looked at adopting its utility tax ordinance in 1994, It rcviewed varioLlS codes from surrounding cities and adoptcd the language that is consistent with Seattle, .acoma, BeUevue, and Renton, mduding exemptions and deductions allmved Currently, le City code allows deductions for vvholesale transactions, bad debts, activ-itles the City is prohibited to tax, and any governmental grants; no deduction is currently allovved for any taxes paid_ How Utility Companies CalcuLate and Show the Taxes on Utility Bills Based on the above gross receipts definition, and without specific exemptions, utility companies are required to calculate the tax due on the revenue collected from their customers without deducting the portion of the revenue that is used to pay the tax; therefore, the effect of "tax on tax". To illustrate this in real life, the City's 7.75% utility tax would require the utility companies to add an additional $8.40 on a $100 basic service rate to fully recover the tax due. While the law is the same for all utilities, the interpretations/applications by utility companies are not. These differences were highlighted earlier this year when the City implemented the voter-approved increase in utilit)r tax. Puget Sound Energy' bills show two different impacts for natural gas and electricity services. The following tdble provides an overview of how utility taxes are shown on bills from the major utilitY' taxes payers. mpany/City Utility [nclude Effect of Tax as ax Base: City Tax shown on bill Remitted to City Puget Sound Energy - Federal Way City 7.75%. According to PSE, the No difference is the additional Electricity Tax: 8.08% tax due to the state Puget Sound Energy - Yes Federal Way City 8.4% Natural Gas Tax: 8.40()~) City Occupation: 6% 6% (still based on old tax rate, and staff has been Qwest No (still based on old pursuing them since May to tax rate) correct the error.) Sprint/Nextel No City utility users 7.75% surcharo-e: 7.75% Comcast Yes 8.4% Based on the above tabler only PSE-Gas and Comcast are reporting the taxes consistently with the City's current utility tax code, and the rest are not. At the same time, the amount of taxes reported from them are actually higher than our expectations, estimated at $200,000 in ~ and $280,000 in 2007, while the others did not report correctly per City code but are . consistent with what the City initially intended to collect k:\finance\utdity tax calaJlation.doc QJJtioYlS To be fair in administering th.e City's code, the City would need to compel those not in compliance wIth current code to include the utility tax as their taxable revenue, \vhich IS the approach most other cities have taken, as illustrated by various court cases. . Alternatively, the CIty could amend the utility tax code to allow utility companies to deduct the City's utility tax from their calculation of taxable income prospectiveLy. Staff Recommendation While the City's code is consistent with state law as well as the codes of other cities, and since the utility tax revenue has exceeded our intents and expectations, staff recommends that Council amend the City Code to allow the deduction of the City's utility tax from the taxable income definition. [f Council approves staff recommendation, staff will proceed with a draft ordinance for a code amendment at the September 4 CounciL meeting. . . k:\finance\utility tal( calculation. doc wf 21 0'1 COllNClL MEETlNG DATE: ~ ITEM#: 6~ . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Pacific Highway South HOV Lanes Phase IV Project (18th Ave S to S 31th St) - 30% Design Status Report POlley 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? COMMITIEE: Land Use and Transportation Committee MEETING DATE: September 10, 2007 CATEGORY: (gJ Consent o City Council Business o Ordinance o Resolution o o Public Hearing Other .~1.".:':.t:.~_~(>Q~!!!Y~.~<J:~!!~..~<J:..~~<?':!~,X~:,.~.~t:t:.~.~Y':>~t:~..M~~~gt:.~.._...._ A TT ACHMENTS: 1) LUTC memo dated September 10, 2007. 2) Interlocal Agreement between the City of Federal Way and Lakehaven Utility District. DEPT: Public Works .........~_._.._...._... ...._ - .......~. ......u_._... "'__~_'__'_'~'_'___'_"_""____ OPTIONS CONSIDERED: . l. Authorize staff to proceed with design of the Pacific Highway South HOV Lanes Phase [V- South 312th Street to Dash Point Road Widening lmprovement 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 staff to proceed with the present design of this project and provide direction to staff. STAFF RECOMMENDATION: Staff recommends Option be forwarded to the September 18, 2007 City Council Consent Agenda for approval. CITY MANAGER ApPROVAL: ~r( Committee DIRECTOR ApPROVAL: t4M Committee...... {h;rt.. Council COMMITTEE RECOMMENDATION: Forward the above staff r<"commendatlon to the September 18, 2007 City Council Co",e.' Age~da 1.0' appmvaL , u; ~ W~ ~ Dean Mc~ember PROPOSED COUNCIL MOTION: "I move to direct staff to proceed with design of the Pacific Highway South HOV Lanes Phase IV-South 31 tit Street to Dash Point Road Widening Improvement Project and retum 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 31 th Street to Dash Point Road Widening Improvement Project." (BELOW TO BE COMPLETED B Y CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T A8LEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinonces only) REVISED ..02/06/2006 COUNCIL BILL 11 (ST reading Enactment reading ORDINANCE It RESOLUTION 11 . CITY OF FEDERAL WAY MEMORANDUM . DATE: TO: VIA: FROM: September 10,2007 Land Use and Transportation Committee Neal Beets, City Manager !\ ~ _ ~ Marwan Salloum, P.E., Acting Deputy Public Works Djry~tor ~ Brian Roberts, P.E., Street Systems Project Engineer ~ Pacific Highway South HOV Lanes Phase IV Project; - (18''' Avenue S to S 3rt" Street) - 30% Status Report SUBJECT: BACKGROUND: The Pacific Highway South HOV Lanes Phase IV - South J 12th 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 improve 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 lnclude: . 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 . NEP A 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% . . . . cc: September 10, 2007 Land Use and Transportation Committee Pacific Highway S HOV Lanes Phase [V ~ 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) lnterest Earnings TOTAL AVAlLABLE 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. Project File Day File After recording, return to: City of Federal Way 33325 a1h Avenue S Federal Way, WA 98003 Attn: Brian Roberts . INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND LAKEHA VEN 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. 11. 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 laws 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 obselVation, and clerical selVices necessary for the execution of the Project. In providing such seNices, 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. 8. 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. . Pacjfic 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 111 (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 ag~nts 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 'VAY LAKEHA YEN UTrLITY DISTRICT . Neal J. Beets, City Manager 33325 8th Avenue South PO Box 9718 Federal Way, WA 98063-9718 (253) 835-2401 3 1627 1 st Avenue South PO Box 4249 Federal Way, W A 98063-4249 (253) 941-1516 APPROVED AS TO FORM: APPROVED AS TO FORM: Af(P4 General Counsel, Steven H. Pritchett . Patricia A. Richardson, City Attorney ATTEST: 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 (i.e. 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 byLUD, 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 . . . 15.5 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. 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 . ESTfMA TED PRE-DESIGN, DESIGN, CONSTRUCTION, PROJECT A DMINISTRA TlON AND CONSTRUCT/ON 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 Project Administration (5% of project cost) TBD TBD TBD TBD . TBD TBD $11,531 $ 576 $12,107 Subtotal Construction . Sales Tax @ 8.8% of Construction Cost Subtotal Construction Including Sales Tax Construction Contingency (10% of Construction cost) Construction Management (10% of Construction cost.) ESTIMATED TOTAL CONSTRUCTION COST 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\LakehavenllLA\ILA AgremenLdoc Pacific Highway South HOV Lanes Phase IV Page 7 March 2007 . loo- COUNCIL MEETING DATE: October 2, 1007 ITEM #: e CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ADOPTlON OF 20061NTERNATlONAL 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 Use/Transportation Committee MEETlNG DATE: September 10,2007 CATEGORY: D Consent D City Council Business r8J Ordinance D Resolution D D Public Hearing Other ~!_~!".~..~~.~<?~!_!!X:.~':li!~_i_':lgQr.!!~!~~_!:~~...~.~~l~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: I) Staff memo and 2) Proposed Ordinance with Attachment A (FWCC Chapter 5) and Attachment B . (FWCC Chapter 8). Options Considered: I) 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 RECOMMENDATlON: Staff recommends approval of Option #1, adopt the proposed ordinance with updates to the FWCC as presented by staff CITY MANAGER ApPROVAL: COltllC11 DIRECTOR ApPROVAL: ~ Committee C:t.(- . Council COMMITTEE RECOMMENDA TlON: Approve Option #j and forward the ordinance for first reading to the full Council on October 2, 2007. itS J!fJ:1t>I1.M ct. tq C,h. 5, Itrl1(Lc. ,llL i 5(([,. 5:lr 1 f A-rn-fA'ld IYlvJCfs I 5ec:hfl-n RJ3J3, 2. I +0 rtUSV -H-/& tn+eq'-/?--- NFVI[dCI '#iJ--U.Slwltt fru-fl1 b5,CDO io Ji,;L(),OOO. 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 " as tlrYI'l1'ldLd @CI/C ' COllNCIL ACTION: o APPROVED .0 DENIED o TABLEDIOEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 '.\DOCUl\IENT\2007 Building Code Change\Agenda Bill doc (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL BILL II I ST reading Enactment reading ORDINANCE II RESOLUTION II "~ CITV OF>~~ Federal Way Department of Community Development Services 33325 8'h Avenue South PO Box 9718 FederalVVay, VVA 98063-9718 253-835-2601 - Fax: 253-835-2609 www.citvoffederalwaV.com . MEMORANDUM DATE: 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 (fFC) 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 entorcement 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. e . . . The five-story wood frame section has been amended to read five story Type VA. 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 strilmtMl3Mgh, 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 8kik@tM€Hlgh), 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 gtrib~thnmgh). t\DOCUMENT\2007 BUJlding Code Change\buildlng 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 FEDER.:\L 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 I. 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 . . e Section 3. Severabilitv_ The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. Section 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 A TrEST: 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: l:\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 Woad Frame Type VA Buildings V. Plumbing Code VI. Mechanical Code VII. Existing BuildiRgs 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. e 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; 0) 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 mean the building official. . Page I . . 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 andjurisdiction 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 of the 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 lJublic nuisances. Notwithstanding any provision to the contrary, civil enforcement of the provisions of this afti€le chapter and the terms and conditions of any permit or approval issued pursuant to this aflie.le 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 afti€le 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 Enf.orcement (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 of hislher 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 submitted in all cases where a proposed structure or land use is regulated. (4) Standards published by the National Fire Protection Association including a standard known as NFPA DR 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 of the document shall be provided to the fire chief and the building official: ( 1) In the event that any unit should be equipped with a sprinkler system, nothing shall be hung from the sprinklers comprising a part of the system nor shall any such sprinklers be painted, covered or otherwise changed, 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 10 l.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 Citv 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 Enforcement (administration). Notwithstanding any provision to the contrary, civil enforcement of the provisions of this article and the terms and conditions of any permit or approval issued pursuant to this article shall be governed by Chapt-er 1 FWCC, Article III, Ciyil 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 sanctioflS as specified herein or in Chapter I FWCC, L^.rticles II, III, nuisance and injunction actions, or other civil actions. S-4l5-42 - 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 ww. 2006 International Building Code; and (4) Chapter 51-51 WAC - State Building Code Adoption and Amendment of the ww. 2006 International Residential Code; and (b) Appendix Chapters F, G, I, and J of the International Building Code, ww. 2006 Edition, and Appendix Chapters Hand J of the International Residential Code, W(g 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 excent when the work occurs in a rel!ulated area. includinl! but not limited to steen slones. 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 (1l.15 sq. !!tl08.58 sa. m.). Page 4 Federal Way City Code ill W Sections 105.3.2 and RI05.3.2 are amended in their entirety to read as follows: (a) Time limitation of application. Applications for building permits '.vhich have not been approved (when appropriate) by the community development services department, building and planning diyisions; public works department, development services and traffic divisions; Federal Way fire department, fire prevention division or King County health department within 21 months follo'Ning the application date shall expire by limitation and become null and 'Ioid if no permit has been issued. .^.ny days the application is under reyiew for the state emironmental policy act (SEPA) shall not be included in the allotted 21 months. One extension may be granted for up to 12 months if that extension period w{)uld 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 within the 12 month period. Such expired applications can be rene'Ned f{)r one half the amount of the original application fee or an amount determined by the building official, not to exceed ORe half the original application fee. All extensions shall be requested in writing. . A ROW, complete permit application and full fees must be submitted to restart the re'o'iew process on any eKpired application that eaflflot 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 00 ~ days each. The extension shall be requested in writing and iustifiable cause demonstrated. ~ ill Sections 106.1.1 and R 1 06.1.1 are amended and supplemented by the addition of a new seeood paragraph to read as follows: The applicant must supply as much information as required to provide an accurate environmental disclosure. . t4) ill Sections 106.4 and R I 06.4 are amended and supplemented by the addition of new sections to be known as 106.4.1 and R106.4.I, respectively, to read as follows: Amended Permit. When the size of the building is increased or the scope for which the permit was issued is changed, the building official may amend the building permit. When such fees specified in 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. f7j @ 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. (8) ill Sections 110.3 and R 11 0.3 are amended in their entirety to read as follows: T~mfHll'ary @~~u~al'wy. TA~ building @ffi~ial iB autA@riz~d tl} iBBU~ a t~m~@mry tHHtiH~at@ @f I}@@u~an@y b~f@r@ tk~ ~I}mf}l@til}n @f tA@ @ntin:l "l:l}rk @@":@l'lHI by tA@ . Page 5 Federal Way City Code . !'le:rmit, pnv:ide:d that 8lie:h p€lrti€ll'l. €lr p€lrti€l1'l.8 shalll'le: €lllgli~ig€l sat@ly. Th@ I'lliil€ling tlfkllial shall se:t a time: !'l@ri€l€l dliril'l.g '::kjgh the: tgm~€ll'8.ry g@rtikgat@ €lf €le:glipal'l.gy is ~ Limited Access Agreement Limited use may be granted for any building not yet issued a Certificate of Occupancy pursuant to sections 110.1 or RllO.1 through a properly executed Limited Access Agreement. Such agreement shall be signed by the legally identified corporate officcr or property ovmer having authority to represent the corporation or property owner in such. agreements or contracts, and the City Manager; as negotiated and recommended by the building official or their dcsignee and aooording to city policy. (8) Sections 112.1 and RII2.1 are amended in their entirety to read as follows: Ce:lleral. In tmi€lr tt} hgar al'l.d de:tlid@ a!'l!'l@als t}f t}rdef'8, d@@isi€ll'l.s t}r d€ltt!lrmillatit}lls mad@8Y th€l 8Mildillg t}fk@ial f@lati\,€l t@ the ap!'llieatit}1'I. alld il'l.h!lFfJr@tati@1'I. t}f this et}de, there shall 8€l alld is h€lf@8J' er@at€ld a bt}8.fd t}f a!'lP€lals. The bt}8.fd t}f a!'lfleals shall be aflpt}illt€ld 8j' the gt}"€lmillg 8t}dy and shall fttlld tlfke€l at its !'l10asMf@. Th€l bt}ard shall atitlpt ml@s €lf Jlft}gedlif@ fer tHlfttltu1lting its 8lisin@ss. 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 R112.2 are amended in their entirety to read as follows: . Limitatit}lls all alithtlrity. .An al'll'lligatit}1'I. f-@r aJlfl€lal shalll'l@ I'las@d tll'l. a tllaim that th€l true mt@!lt t}f this @t}d@ tlr th€l ml€ls l€lgally adt}Jlted th@f@ lil'l.d€lr ha":ll 8@tll'l. il'l.tlt}fu€ltly illt@FfJf@t@d, th@ Pft}":1sit}l'I.s t}f this tltld@ dtl l'I.t}t fMlly llflf)ly t}f al'l. €llllially gt}t}€1 t}r b€ltt€lr ferm €If gt}llSWtltit}1l is !'lf€l~(lS@a. Th@ \}t}at'd shall ha':@ ll(l alith(lRty tt} '.''8.l\'g n~llliir@mellts t}f this @tld@. 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. (l0) Sections 112.3 and R112.3 are deleted in their entirety. QlialiMtlati(llls. Th@ 8(lafd t}f llfll'ltlals sftall €ltlllilist tlf !Il@m@€lf8 -;:ht} are lllialiM@d I'ly @](p€lR@Il€l€l and traillillg t(l !'lass €Ill matttlfS !'lertaillillg ttllmilaillg gtll'l.Strugti(lll alld are lltlt @mplt}j'€l€ls t}f th@ jlirisdietit}ll. ~ D..U Sections 113.2 and RI13.2 are amended in their entirety to read as follows: Nt}ti@e tlf yi(llatit}ll. Th@ I'lliildil'l.g t}fk@ial is alith@fiz@d ttl StlF:@ llt}tie@ t}f -:i(llatit}ll tlr ofd@f t}ll th@ P@fStlll f@spt}nsibh~ ftlf th@ €lf€l@tit}ll, @tlllswtltitll'l., alt€lratitlll, €lr~hmsit}l'I., repair, mt}\'illg, f€lmtl\'al, d€lmtllitit}1'I. tlr tl€l€lMpallll)' t}f a bliilaillg tlr stru€lUtr€i il'l. ':it}laht}ll t}f th€lprt}':isi(llls t}f this et}3€i, @r ill ':it}latitlll t}f a fl€irmit t}r €i€irtikllat€i iSSM€id Mllallr th€l !'lrtl,:isi(llls t}f this €i(la€l. Sli€ih (lra€ir shall dir@€lt tlu~ ais€itlfttilllialltl€i t}f th€i illegal a€ltit}ll @f €itlllaitit}llalld the abat€im€illt t}f th€i ".<[t}latit}ll. . 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. fl-) (1) Sections 114.\ and R 1\4.1 are amended in their entirety to read as follows: Page 6 Federal Way City Code .^.Mth€lflty. 'V1HHl@':€lr th@ lmil€ling €lftt@ial finds any 'l:€lrk f€lgMlat@€l by thi8 €l€J€ll'l b€ling IHlrf€lfm.@tl ifl. a manfl.€lr €lither @€Jntrar)' t€l th@ flr€J':isi€Jfl.8 €If this €l€lli@ €Jr asnger€JEls €lr Elnsafc, th@ bEliltling €lffi€lial is alith€lrizga t€l i8sli€l a 8tgfl ",'€Irk €lral'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 R114.2 are amended to read as follows: . Issuance. The stop 'llork 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 '.york order to cease activity. the cited weFk activity shall immediately cease. The stop 'lIork 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 work 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. fl-()t Oil Section 1008.1.8.3 is amended by the deletion of exception 2.1 is deleted. (16) Section R3 13.2. I 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 existin~ areas of the structure which are not affected by the permitted work. t9t (l1} Sections 1807.4.3 and R405~ are amended and supplemented in their entirety to read as follows: . Dminag@ €lis@hargl'l. The fl€lgf has€l ana t@ElRaati€JR fl@riml'ltl'lr €lrain 8hall €lisehargl'l by gt'a':ity €Jr mgehaRieal m@ans int€J aR aflflf€l':eli liraiftag@ system that €HlmtJlie8 ,':ith th@ lflt€lmati€lnal PIElmlling C€J€l@. Drainage. Provisions shall be made for the control and drainage of surface water around buildings. Adequate provisions shall be made to insure that underfloor spaces remain free of running or standing water. As a minimum, such drains shall be installed around the perimeter of the building at the footings. Additional drains may be required in the underfloor space. The drainpipes shall be of sufficient size to adequately convey water to an approved location, but shall be a minimum size of 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 FRAME 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 ',vood frame Type V A buildings as an approved alternate design and construction method under Section 104.2.8 of the ~ 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 TY{le V A building. 5-70 Construction. (a) International Building Code requirements. Five-story '.vood frame Tvpe 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 VA 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 'Nood frame Type V A building shall be constructed of at least Type V A 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 constituted or as may be subsequently amended. 5-71 Occupancy. (a) Occupancy of five-story wood frame Type 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 am(JRded, 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 hoistways 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 wood frame Type 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 NFP A 13, as set forth and contained in the ;w()J 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~ 909 707.14.2.1 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 NFP A 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 ;w()J 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 aU 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 ~ 2006 International Building Code as presently constituted or hereafter amended. Buildings constructed under this article shall also be subject to the requirements of Chapter 8 FWCC Section 403 pertaining to high-rise buildings, as applicable. 5-75 Basic allowable floor area. The basic allowable area of floors of five-story wood frame Type V A buildings shall be as allowed in Tables 503 through 505, and section 506 of the International Building Code, ~ 2006 Edition, as presently constituted or as may be subsequently amended, plus 25 percent. For the purpose of this article only, the total allowable area as calculated subiect 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 ehief 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 \vood frame TyPe V A structures shall maintain the fire and life-safety systems required by the International Building Code and the Federal Way City Cpde in an operable condition at all times. Unless otherwise required by the fire ehief 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 Enforcement. ~ 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 Enf-ereement (plumbing code). Notwithstanding any provision to the contrary, ci',il enforcement of the pro',isions of this article and the terms and conditions of any permit or approval issued pursuant to this article shall be governed by Chapter I fWCC, Article III, Civil Enforoement of Code. Ci'"il enforcement is in addition to, and does not limit any other forms of enforoement ayailable to the city including, but not limited to, criminal sanctions as specified herein or in Chapter 1 fWCC, l\rticles II, III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unla\vful acts 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 ;woo. 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 ;woo. 2006 Edition of the Uniform Plumbing Code Standards. (2) The ;woo. 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). f4) ill Section 103.4.1. is amended in its entirety to read as follows: P0l"m.it F008. F@@s shalllHl 1188@880€! ift llIHl@r€!llft€l0 '::ith tft0 f}r@7:isi@ft8 @f this 80€ltl@ft aft€! as 8€lt rorth ift the f-c@ s€lh@€!MI@ Table 1.1. Th@ fc@s an~ t@ b@ €!@t@l"m.ifte€! af!.d a€!@f}t@€! by this j tHisdi€lti@f!.. -J..()J.4 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 II . . . 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 limitation of application. /'.pplications for building permits which have not been approved (when appropriate) by the community development services department, building and planning divisions; public 'llorks department, de'lelopment services and traffic divisions; Federal 'Hay fire department, fire prevention diyision or King County health department within 21 months follO\ving the appli0ation date shall expire by limitation and become null and void if no permit has been issued. Any days the application is under review for the state environmental policy act (SEPA) shall not be included in the allotted 21 months. One extension may be granted for up to 12 months if that extension period would fall within the same 00de 0)'0Ie. Expired applications that are eligible for such extension may be renewed f{)r a period not exceeding that time remaining within the 12 month period. Such expired applications can be renev/ed for one half the amount of the original applieation fee or an amolHlt determined by the building official, not to exceed one half the original application fee. .^.ll extensions shall be requested in writing. A ne'"", 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. Expiration. Every permit issued by the l\.uthority Ha'ling Jurisdiction under the pro':isions of this code shall expire by limitation and become null and 'lOid if shall become invalid unless the work on the site authorized bv such oermit is R6t . commenced within one hundred eighty (l8(ij days after its issuance. from. the date of such permit, or if the work authorized on the site by such permit is suspended or abandoned at any time after work is commenced for a period of one hundred eighty 080) dayS after the time the work is commenced. Before such work can be recommenced, a new permit shall first be obtained to do so. and the fee therefore shall be one half the amount required for a ne.v permit for such '.'lode, pro'lided no changes have been made or will be made in the original plans and speeifications f{)r sueh '.vorl<, and provided further that the suspension or abandonment has not excecded one year. Any permittee holding an unexpired permit may 8ilply for an extension of the time within which the work may commence under the permit when the permittee is unable to commence the .,york within the time required by this seetion f{)r good and satisfactory reasons. The Authority Having Jurisdiction buildinl! official is authorized to l!rant. in writinl!. one or more may extend the extensions of time. for action by the permittee for a periods not more than exceeding one hundred eighty (l8(ij days each. upon ....'fitten request by the permittee sho.,ying that circumstanees beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than onoe The extension shall be reauested in writinl! and a iustifiable cause demonstrated. In order to renew action on a permit after expiration. the permittee aoolicant shall pay a new full permit fee. 01 ill Section 103.4.3 is amended in its entirety to read as follows: b) Expiration. E','ef)' permit issued by the building official under the provisions of this chapter shall expire and become null and void if the .,york authorized by such permit is not commenced and completed within 21 months. One extension may be Page I 2 Federal Way City Code granted for up to 12 months if that extension period would fall within the same code cycle. Expired permits that are eligible for such extension may be renewed for a period not exceeding that time remaining \vithin the 12 month period. Such expired permits can be renewed f-or one half the amount of the original applioation fee, or an amount determined by the building official, not to exceed one half the original permit fee. All extensions shall be requested in '.\Titing. A new, complete permit application and full fees must be submitted to recommence ..york on any expired permit that cannot be eJCtended. The building official may eyaluate the work not completed under the expired permit and issue to the applicant a revised scope of 'uork to be submitted for the new application. . E.;~i""tl1io:, of pIa:, ;'.8\';81l'. A1J}Jlil:latitnls for ':Alil:lll ftO }Jl:lFmit is is!Htl:ld '::itllift @ftl:l lumdrl:ld l:ligllty (l gQ) days follo'::iftg tlll:l datl:l @f applil:latioft sllaUl:l](pifl:l BY limitatioft, aftd plaNS aftd otll€lr data stlBmittl:ld f@c fl:l':il:l':: may tlll:lfgaftgr hl:l fl:lftlmgd to tftg' appli@aftt or dgstroygd BY tftg '~AtitftOrity IIa':iftg Juri8di@ti@ft. Th@ .\tltft@fitj' IIa':iftg Jurisdi@tiaft may gll@g@d thl:l timg for al:ltioft B~' tlll:l ftflplil:lam [.or a pl:lriad af @ftl:l ftMIldrl:ld gigllty (1 gQ) days ~aft fl:l€ttlg8t BY tftl:l applil:laNt sfta':.'ing that l:lH-l:ltlmstanl:ll:lB Bl:lyaftd tlll:l l:lafttrol of thl:l ap}Jlil:lMt lla':g prl:l':emed al:ltiaft ifom Beiftg talHm, No ftflplieatioft shall Be l:lKteftd@d maf@ tftan aftee, III afd@r to f@ftev: a@tioft €1ft aft applieatioft after l:lJ(piratiaft, the ftflplieaftt Bllall fl:lstlBmit plMS aftd pay a fte\': plaft re,ri€w,,-~" fee. 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. . 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 I 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 200J 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: (I) ^ new Section 1 06.3~ is added is amended and supplemented by the addition of a new subsection 106.3.2 to read as follows: (a) Time limilfltia1'l of application. '^Lpplications for mechanical and fuel gas permits '.vhioh have not been approved (when appropriate) by community de,,'clopment services department, building and planning divisions; public '.vorks department, development servioes and traffic divisions; Federal Way fire department, fire prevention division or King County health department '.vithin 21 months follmving the applioation date shall expirc by limitation and become ooll and 'loid if no permit has been issued. .^JlY days the application is under review for the state en'lironmefltal polioy aot (SErA) shall not be inoluded in the allotted 24 months. Onc extension may ~e granted for 1:lp to 12 months if that extension period would fall ',Vithin the same code oyole. Expired applieations that are eligible for such extension may be rene'lIed for a periOd not exeeeding that time remaining within the 12 month period.8ueh expired applioations can be renevfed for one half the amount of the original application fee or an amount determined by the building offioial, not to exceed one half the original applioation fee. .^..ll extensions shall be requested in 'llriting. A new, complete permit application and full fees must be submitted to restart the revie',v process on any expired application that cannot be extended. The. new application date is the date of the new 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. Every permit issued by the building official under the provisions of this chapter shall e1lpire and beoome null and void if the work authorized by suoh permit is not commenced and oompleted .....ithin 21 months. One extension may be granted for up to 12 months if that extension period would fall within the same codc cycle. Expired permits that are eligible for such extension may be renewed for a period not exceeding that time remaining '.vi thin the 12 month period. Such expired permits can be renewed for one half the amount of the original permit fee, or an amount determined by the building official, not to exceed one half the original permit fee. All extensions shall be requested in writing. Page 14 . Federal Way City Code i\ ne'.'.', complete permit application and full fees must be submitted to recommence 'Node 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 ofvlork to be submitted for the ne'ill application. . Enpirntilll1. E'.'€lP)' Jl€lFmlt i8sM€la by tft€l €l3a€l 3ffi€lial Ml1a€lr tft€l pr3':isi3I1S €If this ll€lag shall €lKflin~ bj' I imitati €I 11 aJul bll€lllm€l l'lltllal1a i'€Iia if th€l '.i"€IFl: aMth€lftz€la by SM€lh fl€lrmit is R€lt 0€1mtll€lR€lga 'A'itmR 189 aays [{"3m thg aatg t}f SMgh p€lrmit, €If if tftg 'N€lfk aMtft3flzlla by SMllh flgFmlt is SWlJl€lRa€la €Ir abal1at}R€la at all)' timg aft€lr tft€l -::€Il'k is g€lmmllRllga tOr a flgri€la of I gg aays. Rgf€lfg BMllh '::orl( r€lllllmmgl111€lB, a Rg\". p@rmit shall bll MF8t €IbtaiRlla aRa tftll fell, thlll'llf-3I'€l, shall bll €IR€l half thllam€loot I'llttMiflla f€lf a Rll'1: fl€lrmit f€lr sli€lh ';:€Il'k, flf€lyia€la I1Il oo':€l b€l€ll1 maag Ill' 'Nill b€l maag ill thg €Irigil1al g€ll1stftu~tioR a€l€lMmgRts fur BMgh '::€Il'l{, aRa flfll':ialla fMrthllr that Sligh SliSfl@Rsilll1 Ilr abaRa€ll1mgRt OOS l1€1t @](€l€lllalla €IRll Y€lar. Expiration. 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 entirety to read as follows: Fee schedule. The fees for mechanical work shall be as indicated in the following schedule: 106.5.2 Fce 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 1 5 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 amended, 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 ~ 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 pertammg 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: See/ion 102.3 Application Ie Q[ 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 I FWCC, Miele III, Civil Enforcement of Code. In the event of a conflict between the applicable provisions of this Code and Chapter 1 FWCC, Article III, the more restrictive shall apply. Nothing in this code shall be construed to cancel, modifY or set aside any provision of the Int~m8,ti311al Z3ftiftg Cl)Q@ 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 throu~h 106.5 are deleted in their entirety. W (ill Section 1071. is amended and supplemented to read as follows: Seetion !()7.! 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 I, Article III, Civil Enforcement of Code t3 tR~ p~rsl)ft fur th~ ':il)latil)ll as sp~~ifi~g ill tRis Ill)Q~. nl)tillllS f@r 11311Qllftmati3ft prl)IlIlQMr~S sMll 8,133 lll)mJlly '::ith S~llti@ll 1 9&.3. . (e) Section 107.2 is amended to read as follows: Section 107.2 Form. Such notice prescribed in Section 107.1 shall be in accordance with all l)f tRll f@ll@wiftg FWCC 1-17. In addition to the information required by FWCC 1-17, the notice and order shall contain: Delete items I - 6 from section 107.2 and replace with the following: I. 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 16 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. W (g} Section 108.1 is amended to read as follows: M8-:-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 €l0ftg€lftuUHI closed pursuant to the provisions of this code. ~ (h} Section 108.2 is amended to read as follows: .J-()8d. 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 pla€lanl 0f €l0ftg€lmnati0ft 0ft th€l pr€lmia€ls the structure "Do Not Occuov" 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. fB ill Section 108.3 is amended and supplemented to read as follows: -J..08:.J Notice. Whenever the code official has €l0fla€lmn€lg closed a structure or locked out equipment under the provisions' of this section, notice shall be posted in a conspicuous place in, on or about the structure or equipment affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with S€lgti0ft 197.3 FWCC Chapter I, Article III. ~ ft0tigg flgrtaifts to g€tuiflmgftt, it shall als0 llg fllaggg 0ft thg g0fta€Imlgg g€tuiflmgftt. The notice shall be in the form prescribed in section 107.2. Everv notice to vacate shall be issued. served and oosted as an order to cease activity under FWCC 1-16. ~ 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 0r 0ft agfcgti-:g g€tuipm,@ftt a placard ll@al'iftg th@ "::0ra 80ftaglIDUla indicatinQ: that the buildinQ: is not fit for occuoancv and a stahlmgftt 0f tng pgftaltigs flHlyiaga f-0r 08gupj'iftg thg flrgmiBllB, 0flgratmg thg g/tuipmgftt 0r rgm0":iftg tkg plagara other information determined relevant by the building official. (k) Section 108.4.1 is amended to read as follows: ! 08.4.1 Placard removal. The code official shall remove the 110ftggmnati0ft placard DOsted in accordance with the Dfovisions of section 108 whenever the defect or defects upon which the 80ftdgImlati0ft and pla8araiflg action ~ 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 set forth in FWCC Chaoter 1 Article II and III. W ill Add Section 108.6 to read as follows: . . Page I 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. fi) (m) f.mend Section 202 is amended to read as follows: Delete the definitions of GARBAGE, INOPERABLE MOTOR VEHICLE, AND RUBBISH. . ffi (ill Section 301.2 is amended to read as follows: J{}+d. 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. OIHHipafttB of a av:tllling ooit, nHHftiftg tiftit or llotiBtlktl€lpiftg ooit al'tl ftlBpoftBibltl f(}f Imtl~iftg ift. a tlltlllft, saftitary afta Bafe €loftaiti€lft tllat ~art €lf tk.0 a,:.,tllliftg tiftit, r€loming tiftit, lloliBtllc€ltl~iftg liftit €lr ~rtlmi8€l8 '::llillh tlllll' €lllllli~l' afta ll€lfttr€lL W (Q) Section 302.4 is amended to read as follows: Delete subsection 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 orovisions of FWCC Chaoter I Articles II & III. ~f€lB€llltiti€lft ift atlll€lnis.lllltl '::itll S€l€ltioft I Qfi.3 afta aB ~rtlBllflbtla by thtl alithoritj' ha':iftg jliflBaillti€lft. UtlOft faihir€l t€l llolfifJly ':.'ith tk.tl ftotill€l of ':iolatioft, aft~. alii)' alitk.€lflZtla tlmplOj'tltl of thtl jliriBai€ltioft €lr ll€lfttUlltOf hif@a bj' thtl jliriBaitlti€la Bllall IHl alitlloriztla to tlat€lf H~€lft thtl l'lr€ll'l@rty ia ':i€llatioft afta llHt afta atlBtr€lj' thtl '::tl€laB gI'€l'::iag thllftl€lft, afta tk.tlll€lst €lf stillh f€lm€lyal shall btl l'laia bj' th€l €l'.i'fttlr €lr ag€lftt ftl8l'loftsibltl for thtl pr€lp@R)'. (1) Section 304 is amended to read as follows: Delete subsections 301.2, 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 provisions and requirements of this article ha','e been oomplied with. Civil enforoement of the provisions of this article and the terms and conditions of any permit or appro'ral issued pursuant to this article shall be governed by Chapter 1 FWCC, L^.rticle III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other [-arms of enforcement aT:ailable to the city including, but not limited to, criminal sanctions as speoified herein or in Chapter 1 FWCC, Articles IT, III, nuisanoe and injunotion actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this article. . 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: (I) 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 stn,lcture 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 12-month period from the date of application to move a building exceeds 60 percent of the assessed value of the building for purposes of general taxation. . Page 2\ . . . 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: (I) 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 amount 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$I,OOO 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 incidentaJ 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: (I) 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 standards" 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 ntilities. 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 (NEe), ~ 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: (l) 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 Ill, 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 30 l.l.3 of the Uniform Administrative Code Provisions for the NEC 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 conformin~ 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 of the National Fire Protection Association standards and/or the fire chief or designee. Life safetv/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 requirements of the International Buildin~ 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: (l) 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: (I) Section 307. 1.1 is amended to read as follows: Prohibited open burning. Open burning within the city limits that is offensive or obiectionable because of smoke or odor emissions or when atmospheric conditions or local circumstances make sueh 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, L M. R-l, R-2, R-4 and S occupancies. Exception: In new aad existing Group A, Band E ocoupanoies equipped throughout with quick response sprinklers, portable fire extinguishe-rs shall be required only in locations specified in Items 2 through 6. (3) Section 1008.1.8.3 item 2.1 is deleted in its entirety: 2.1 The loeking device is readily distinguishable as locked. (4) Section 3304.1 is amended in its entirety to read as follows: eBner'll!. St8fag@ €lf €l1(~188i':€l8 !lad 1.m~188i':@ mat@rials, small ami8 ammtlll.iti€lll., small ami f'lrim@fs, ~r€lf'l€lllall.t a€lhlat€ld @artridg€ls all.d sm€lkel@88 f'lf€l~@llall.ts ill. magazill.@8, shall @€lmf'lly ',rr;ith tft@ f'lf€lvi8i€lll.s €lf thi8 g@€lti€lll.. 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 system. 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 havin~ three or more floor levels or containing 10 or more guest rooms. Ouick 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 of the 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. LlDOCUMENI\2007 Building Code ChangelChapter 5 doc . Page 27 federal Way City Code A. 'l''l'A.CllNlEN'l' B Cbapter g . 1i\.1!F.I'Wi-vEl'lTIOl'l )\l'lO I'ROTEC1'lOl'l A.rtic\es~ l.~~ ~~ ~ ~ ~ ~ ~. , ~ ~ . page \ . Federal Way City Code ~ - ~ ~. . ~ %-4l-g 59 R~fierJed: ~ ~ ~ ~ ~ - - - Page 2 . . Fedel.al Way City Code ~ . ~ ~ ~ . page 3 Federal Way City Code . ~ ~ ~ . Page 4. . . . Federal Way City Code :Indivi~:uals, agencies or companies may . use the speci~l teleph?ne lin~ for ~u~~~~t~ -et:ifie--ttiefl when approved by the fire chIef. This provIsion specifically Includes dcvlees utilizing the public telephone syst-em. (3) Section 7701.7.2 is amended to read as follo'.vs: (a) The storage of explosives and blasting agents within the city is prohibited. Exception. The fire cIDer may issue a special permit for such storage where it appears in his Of her judgment there will be no Ufldue danger t-o persons or property. (4) Seetion 8201.2 is amended by the addition of two new paragraphs to read as f-ollo'Ns: The aggregate oapacity of anyone installation whioh contains more than 2,000 water gallons of liquefied petroleum gas is prohibited within the city. Exception. The fire chief may issue a special permit for such storage where it appears in his or her judgment there will be no undue daager to persons or pr-oflerty. (5) Appendix II F shall apply to all aboyegr-oood flammable and combustib~ li;lui~ storage tanks-. (OrQ..-Ne.-OO-~, H ~ 6l-~ 13 90; Or-d. Ne. 92 127, ~ 3,24 92; Ord. No. 92 143, H 24 31, 6 ~t-Gr4 Ne-. 99 340, ~ 4,5 1 99) 8 5~e:tym~~;:;~, ~;:e~:~.:; ~~~:~neies which ma~' reqaire permits.. . ;;;r.. _ . r. I aR<I the Hr. ch..f shall act as a Gomm~ ~ ~ -:: ::::. ~ ifr; ~cclc<I p6f50ftS aD ol'flertunity '" he heard, any ~'7_ ~~~:l:. :::: .; ~~ w;: ~;:;i:-r:~i15' iR a<lditioR '" those ROW CRy_ate<! ia ~ ~~. ~ ~ = T. ost suoh lIst 10 a conspiCUOUS place and dlstnbutc COfHes thereof te int-ere~ted persons. (Oro.. No. 90 33, ~ 62,2 13 90; Ora. No. 99 311), ~ 4,5 1 99) 8 5~ S=~ 0:; :ater. ~o ~=~;;: L t:iiding or other structure supported by piers or piling ~ e~~::' :e: ::: ::;0 :;: ;~:;;~i~o= from aR improved Veblic street or allcy giving a.cess there'" for ~~~ ~= eel e mont; prOVided, hO'Never, that tho foregolOg lImitation shall not apply to aay one story st~ture used solely for the moorage of boats and which is: (t) Of Type 1 construction; ~~ ~~::e 2 construction; or '. i i~s;;II;d ~h;oughout the s1:rlroture an approved automatic sprinkler system. (Ord. No. 90 33, S 63,2 13 90; Ord. No. 99 310, ~ 1, 5 -1 99) 8 55 8 (is Reserved. Division <to Fire ;\larms and Sprinkler Systems 8 'i ~=;. h . words, terms and phrases, when used in this division, shall have the meanings ascribed to ~:: ~~;;~i~n, ~~~e~ :~~~ the co.ntext clca.fly indica~es a different ~eaning: o s lee hcanng exam10er appo1Oted by the City pursuant to process I of C~::; ::cc, ~~: .:.;; :;:~:::;; . all ffiCllR a heat aDdlor smoke dotection 'yocem ffiORltored hy.. ce,:,~~_::;: ro n erm10g to the current reqUirements of the National FIre Protection "'\SSoolatloa standards and/or the fire chief or designee. Page 5 C. C de EI t "'atef supply with F deral Way tty .0 f . . g connecte 0 a .. e . , . Ie.. shall meaA aA iAtegrated system 0 P'P.:r a hre, eOAfoffitiAg to tae curreR! "'iF. st",n.der sys , . II iAitiate "'ater d"o""rge o. fi a'ef or designee. . . h ..,.U al:ltsmahca '.I ... a a EI/Sf the re c I spflftklcrs wale ~I. Fire PTotectioA AssocialtOlt sttm UT s aft . "~".Is and .ach roof level of a reqoiremeftts of tHo NatIonal all moan "" Oftobs,,"eted aooess to aU floor '35 foot ladder. Aft alternate Life ~e'ylFcsc.c RecesS sft t of tItc boildiR!: perimeter by "1"'lAg a a fl Ie' ~I and with a doar 1 than ;!g percen ."' . ffsm eac oor , OOildiftg OA ROt ess e s!airway encles.... wita eXIt doan. a); a Uniform DuildiR!: Code. (Ora No. method would be at least on. fi t-o the reqUirements 0 t e n "'el '"'hlCh con arms ~ 4 99) opening oato each roo e, .. 27 ~ 5 2 '1 92; Ord. No. 99 310, ~ 5, 90 33, ~ (,7, 2 13 90; Ord. No. 92 1 , , 8 (,7 Life safety/re~cue access, uired to pro','ide appro'led life safety/rescue acoess. ( ) ^ II ocoupanoIes shall be req . '. a ... f s to tms sectIOn. (b) The tilllowiR!: are exrep lOft ft four ift 12. (0Rl No. (1) Group U occupancIes, and ro"ided to roof levels having a slope greater tha (2) Roof acoess need not b~: 31~ ~ 5, 5 '1 99) . 90 33, ~ (,8(:\),2 13 90; Ord. No. , h 11 be required to provide an 8 liS FiFe de.edioosys'em. d' 3 000 "'I..... foot groBS floo< area : a S c.Oft 501.6 of tItc UnilO"" (0) All aoeep~e~:e :::.;:;;.;..-. Mea soparati~ft :;;1'" ":::.r.:: ';Io.oft of the reqnired fire approved automa 10 . dered to separate a UI lRg Building Code shall not be coaSI detection system. . tions to this section: (bl- IOllew'R!: ara .xcep. . , t .... m. . G U or R DivisiOft 3, OCC_I.S; "edlmoftitorcd a.toreatlC sprmlder S)S om m C::anci.s' pretocted t!troogbtt:~:'>' 9:' 3;:~~(n). 2 13 90; Ora NO. 99 310, ! 5, 5 1 99) delete heat detectors from the system. (Or. o. , 8 69loslallRtiaft. . II d' 1I area (iftoluding F' sprinkler systems shall be lllsta e.. ceding 2 500 square feet gross oor Ire D' .. 3 ocoupancles exc , II G R ,vISIOn. . d a (1) In a roup ~ t fiee flow ""copt as CIte . d fi d ift SCelioA 90 I of t e ttached garages) WIthout adequa.e "cd fire department access as c ne a . "'Ithout appro, (2) ltt all R 3 orcupanOles rl I n!aifting five or mor~ a e le"e s or co lJftifomr fire Co e. '" . R 1 oocopUllOies Raving three ar ~'. . r more gHe't roORlS. Qrriok (3) In all Group R, D.. :610 ~ee or more Iloor levels or ea.ntalftlftg 10 0 "ed listiftg in the dwelling dwelliRg Oftits and ao..l, ha;;: hall ba used iA accordaRce wltlt therr appre. ondomiftiOlRS sOOll b. d d pFlAklcr ea s s s of thIS 'eeltoft, c . f resptR10e ,tan ar , . f the buildings. l'<tr the purpo,e a II b defiA.d as "tltot pOrtlOft 0 a Iftlit ...d gtIIlst room port.ons 0 o,e of this sootion, a floor level s a e ftext Iloor or reof Rbove." treated as ;rpartmenl5:,:or :~: ~;;;'r sorf""" of a"Y floor Red tItc .;ft;:'CIl ~:: shall not be caftsidcrotl to building included bet yO eefl . . 504 6 of the UOlform ut lUg . .., n 5 noted lU SectIOn '. . kl. 'stem. .'\reo oopanttto". "a sa Rble deletioft of tire req.nred fftCe sprtR er S) os ..'ltere ftO alcoltal is served and .op....te a botldlRg:o en anGies that are used as niglttolRbs Red dISc. ft':"a1'" as ftoted iA SeotiOft 501.6 (4) In Group.. ocoop eds S 000 sqttare fe... Noa sepltfll"" 'M' to enaRle deleti.. of the 'Nhere the total gross ~oor ar~: e:~l not' be considered to separate a bm lUg of the Uniform Bmld'ng Co fi Ilo'" or waero tHo total reqnired fire sprinkler sYS_: s requiriftg 2,000 gallo"" per milftlte 7.~re c;:ain~' basoments. eK<e.ds (5) ltt all otaer occepaftCle Rding exterior walls Oft all floor e.e " ~n" Boilding Code, SRaIl . I d d "'Itam the sllffen . S04 6 of the m a"" !oJ floor area 1ft0 0 e '; rotioft walls. as noted in Seelloft . . d hf< spriokler system. Group 10000 square feet. L .rea sepa 'ld' t enable deletion of the reqUire ' . d afUte a but lUg 0 not be co~sldere to s~Pd from this subsection. occupanCIes are excep e Page 6 . . . . . . Federal Way City Code (6) In all occupancies where the building is classified as an overwater structure. (Ord. No. 90 33, ~ 6&(C),2 13 90; Ord. No. 99 3<10, ~ 5,5 1 99) 8 70 8 90 Reserved. Article III. SMOKE DETECTORS Sections: 8 91 Testing and maintenance. 8 92 Transf-er of dwelling unit. 8 93 Removal or tampering. 8 91 8 120 Reseryed. 8 91 Testing and maintenance. IBstallation of an approved smoke deteetion device shall be the responsibility of the o....mer. Mamtenanee of such device shall be the responsibility of the tenant or occupant. Maintenanee shall indude the perf-ormance of sueh tests of the required smoke detector as are recommended by the manufacturer, at intervals of not less than once a month. Maintenanoe also requires that if the smoke detector is battery operated, nevI" batteries shall be installed whenever the unit emits a 10'1" battery signal, or a minimum of once each year whether or not a 1m.., battery signal is present. (Ord. No. 90 61, ~ 3, 7 3 90; Ord. No. 99 310, ~ 6, 5 <I 99) 8 92 Transfer of dwelling unit. It shall be unla'.vful for any person to convey fee title to any real property which includes a dwelling unit, or transfer possession of any d'Nclling unit pursuant t-o a land sale contract, unless there is a properly operating smoke detector in the d'l/elling unit which has been installed in accordance with this article. Effecti'i'C upon the sale or transfer of title of a dwelling unit, it shall be the duty of the seller or transferor to certifY to the buyer or transferee in writing that all smoke detectors required by this article are installed and in proper working order. (Ord. No. 9061, ~ 1, 7 3 90; Ord. No. 99 310, ~ 6, 5 <I 99) 8 93 Removal or tampering. It shall be unlawful for any person to remove a properly functioning smoke detector installed in conformaace '/lith this article unless it is replaced. It shall be unlawful for any person to remove batteries or in any other way make inoperable or interfere with the effectiveness of a smoke detector installed in conformance with this article, except that this provision shall not apply to any owner or owner's agent in the normal procedure of replacing batteries. (Ord. No. 9061, ~ 5, 7 390; Ord. No. 99 310, ~ 6, 5 <I 99) 8 94 8 120 Reserved. Article I W. FIREWORKSt Sections: Division 1. Generally 8-1 - 8-120 Reserved 8-121 Definitions. Page 7 Federal Way City Code 8-122 Findings 0 f 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. 8-1n 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 of fireworks 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, 9 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, 9 18,4-17-90; Ord No. 92~147, 9 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. 90-54,9 19,4-17-90; Ord. No. 92-147,9 13,6-23-92; Ord. No. 99-340, 9 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, 9 16,4-17-90; Ord. No. 92-147, ~ 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. 90-54,92,4-17-90; Ord. No. 92-147, 9 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, 9 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. 90-54,9 14,4-17-90; Ord. No. 92-147, ~ 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. 90-54,9 15, 4-17-90; Ord. No. 92-147,9 10,6-23-92)e . 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, ~ 8,4-17-90; Ord. No. 92-147, ~ 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 name and address of the insurance company providing the bond required. (Ord. No. 90-54, S 12(B), 4-17-90; Ord. No. 92-147, S 8(B), 6-23-92) . Page to . 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, 9 12(C), 4-17-90; Ord. No. 92-147, 9 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, 9 12(D), 4-17-90; Ord. No. 92-147, ~ 8(D), 6-23-92; Ord. No. 99-340, ~ 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. 90-54,9 12(E), 4-17-90; Ord. No. 92-147,9 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, 9 12(F), 4-17-90; Ord. No. 92-[47, 9 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, 9 12(G), 4-17-90; Ord.No. 92-147, 9 8(G), 6-23-92) 8-179 Revocation of permit. The permit may be immediately revoked at any time deemed necessary by the fire chi.ef 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 flammable material in the vicinity due to falling debris from the display. (Ord. No. 90-54, 9 12(H), 4-17-90; Ord. No. 92-147, 98(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. 90-54,9 12(1),4-17-90; Ord. No. 92-147,9 8(I), 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:\DOCUMENT\2007 Buiiding Code Change:\Chapter 8_doc Page II COUNCIL MEETING DATE: October 2. 200] rn:~[ #: Lv (b) . CITY OF FEDERAL \VA Y CITY COUNCIL AGENDA BILL SUBJECT: Proposed Ordmance To Add a New SectIon to Chapter L, Article [[[ of the Federal Way City Code (FWCC) to Authorize Code Enforcement to lssue Civtl fnfractlons tor Code VioLatIons. POLlCY QUESTION: SHOULD THE crTY COUNCIL APPROVE THE PROPOSED ORDINANCE TO ADD A NEW SECTlON TO CHAPTER I, ARTICLE III OF THE FEDERAL WA Y crTY CODE TO AUTHORIZE CODE ENFORCEMENT TO ISSUE CIVIL INFRACTIONS FOR CODE VIOLATIONS? COMMITTEE: LAND USE AND TRANSPORTATION MEETING D..HE: 9/L 7/2007 CATEGORY: D Consent D City Council Business ~ Ordinance D Resolution D D Public Hearing Other STAFF REPORT By: MONfCA BUCK DEPT: Law ._.......u..._....__...._.._.__..._... "._ _........ _.. ......__._.. _____. . . .__ On August L 4, 2007, this issue came 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!L L/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. .ffhe Civil Infraction Ordinance does not change the City's authority to issue a Notice of ViolatIon and Order to Correct (NOY) 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 cI\11 Inti-actions are the quickest, cheapest, and most cost effective method for obtaining compliance. Options Considered: Recommend approval of the proposed Ordinance and forward to full Council for first readll1g at the October 2, 2007 City Council meeting. 2. Suggest modifications to the proposed Ordinance and proVIde direction to staff ._..______...__.. 3. ........~~j~(;tt~e.p~oposed OrdInance. STAFF RECOMMENDATION: Recommend approval of the proposed Ordinance and forward to ti.l!1 Council for the first reading at the October 2007 meeting. -f!!ifl- DIRECTOR ApPROVAL: ~~ee l. CITY MANAGER ApPROVAL: PM Council ~~k?~ ember "I move approval of Option (BELOW TO BE CO,l-fPLETED 8 r CfTf CLERKS OFFlCE) COUNClL ACTION: ~ APPROVEO ~ DENlE:D o T A8LED/OHf.RREDfNO ACflON o MOVED TO SECONO REAOlNG {ordinances onlyl REVISED - 02/06/2006 COUNCIL HILL # 1sT readi ng Enactment reading ORDINANCE # RESOLUTION # 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 1, Article [{[ 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 [[[ OF THE FEDERAL WAY CITY CODE TO AUTHORIZE CODE ENFORCEMENT TO ISSUE CIVIL INFRACTIONS FOR CODE VIOLATIONS? COMMITTEE: P ARKS RECREATION & PUBLIC SAFETY MEETING DATE: 9/11/2007 CATEGORY: o Consent o City COllncil Bllsiness [gJ Ordinance o Resollltion o o Pllblie Hearing Other STAFF REpORT By: JENNIFER SNELL DEPT: Law _~._..__._...._._.___._....m._...~...___..~.._'_"_'_"___._.......... ._._..~__ _ . n_._ .....M_._m.__...._........._.__...... . no - .___ _._. .n. .. . ".____"....... ._..._...... ._..___.~.._..._.._.._._...___....._._..___.._.___.__..__.__......n. ..-...-.-....-....-.-.--.....,,-...- 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 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 meeting. 2. Suggest modifications to the proposed Ordinance and provide direction to staff. __.._____________.___.______.__.?_: ._~~j~(;.!!~~_P~?e.?~~~LQ.r<:i:!!!.a.:!l_~~:_____.__ . _. ..._......._.......______..______.___ -----... STAFF RECOMMENDATION: Recommend approval of the proposed Ordinance and forward to full Council for the first reading at the October 2, 2007 meetin . . CATY MANAGEllAPPROV A . \ ~~i1t~T l<(l . rJ. . . -.~ " ~ Comm ee Chao V PROPOSED COUNCIL MOTION: DIRECTOR ApPROVAL: 'i~g;~~ ' ( k ~ Comrmtt e Member H[ move approval of Option (BELOW TO BE COMPLETED BY CITY CLERKS OFFlCE) COUNCIL ACTION: o APPROVED COUNCIL BILL # o DENIED 1ST reading . o T ABLEDIDEFERREDfNO ACTION Enactment reading o MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06f2006 RESOLUTION # ~"",'\H~e...1<~c.o\'V\t\'\en.&cc...{..i()-V1 : C1>1-; C\l\. 2. MoJ1~ pV'op~ 'FL0~ \-2$ -fo cR.tt ~fI-.-~s-ec'hbV\ C~) \\.'f'k,s ~c-h~ sW Vlot precl~ e.riW\It1.t\.1 7v-~Ct.--\-t()"'- ~ Ft0c.c.... t-13", rcrwa.rJl -to LtA.Tc.. '\lr=t''UJC>~. . . . ~ CITY OF ~ Federal Way CITY ATTORNEY'S OFFICE MEMORANDUM DATE: TO: FROM: SEPTEMBER 12,2007 LAND USE AND TRANSPORT A nON COUNCIL COMMITIEE MONICA BUCK, CITY STAFF A TIORNEY 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\Civillnfraction Ordinance.doc ORDINANCE NO. . AN ORDINANCE OFTHE CITY COUNCIL OFTHE 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 relatin~ 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 City Code are detrimental to the nublic . health. safety. and welfare: and WHEREAS. enforcement officers and officials are authorized to issue ciyil infractions to enforce the orovisions of the Federal Way City Code ("FWCC") desiQ:nated as infractions or as oenalties: and WHEREAS. the estab lishment 0 f a system 0 f civil infractions for civil violations. as defined under FWCC 1-15. will aid in enforcement. will heln reimburse the City for exnenses of enforcement. and will be a more exneditious and less exnensive method of disnosilll! of minor offenses: and WHEREAS. technical chanQ:es need to be made FWCC Chanter 1 Article III to QIant 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 distinguish civil violations. as defined in FWCC 1-15. from civil infractions. authorized oursuant to FWCC 1-24: . . WHEREl\S, pursuant to FWCC 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 civil penalties; and WHEREAS, in the interest of justice, certain violations ofthe FV/CC donot rise to the level of a criminal violation; and WHEREL^~S, adding a provision that allo'Ns police officers or code enforcement officers the authority to enforce violations with a civil infraction where the violation does not rise to criminal conduct is in the interest ofthe health, safety, and welfare of the general public; 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 othelWise provided, any person violating any of the 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 $1,000 or imprisonment for a period of not more than 90 days or by both such . fine and imprisomnent. (b) This section shall not preclude and shall be deemed to be in addition to administrative and civil remedies as may be set forth in this Code or ordinances ofthe city, including but not limited to FWCC 1-14 through 1-2~l. (c) Each and every day during any portion of which a violation of any of the provisions of this Code or the ordinances of the city is committed and continues shall be deemed to be a separate ORD# , PAGE 3 . . . UD. Each civil infraction shall carry with it a monetary penalty of$l 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 45. 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 City Clerk and the codifiers ofthis ordinance are authorized to make necessary corrections to this ordinance includin1!. but no limited to. the correction of scrivener/clerical errors. references. ordinance numberin1!. section/subsection numbers and any 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, MlKEPARK ATTEST: CITY CLERK, LAURA HATHA WAY, 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 . . . . . . COUNCIL MEETING DATE: ITEM #: rJ /l .._.__._._......_........_-_.~ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Roads and Transit (RTID & ST2) Ballot Proposition POLICY QUESTION: SHOULD THE CITY COUNCIL DIRECT STAFF TO SCHEDULE A PUBLIC HEARING FOR THE OCTOBER 16TH CITY COUNCIL MEETING FOR THE PURPOSE OF RECEIVING PUBLIC INPUT BEFORE THE CITY COUNCIL CONSIDERS TAKING A FORMAL POSITION VIA RESOLUTION REGARDING THE ROADS AND TRANSIT BALLOT PROPOSITION? COMMITTEE: NONE MEETING DATE: 10/1612007 CATEGORY: o Consent ~ City Council Business o Ordinance o Resolution o o Public Hearing Other STAFF REpORT By: NEAL BEETS DEPT: City Manager --------.--.--------.-..~..-----.--.--....--..-----------.-.-.--.--.--....-------.-..-...-___..___._________..__.._..._.R_._____..__._.___.__ The upcoming Roads and Transit (RTID & ST2) Ballot Proposition affects Federal Way in three fundamental ways: (1) Provides funding for the Triangle Project in Federal Way, (2) Completes Light Rail to and through Federal Way, and (3) Connects state highway 509 to 1-5 and adds a northbound and southbound lane from that new connection to the existing interchange at 320tb Street in Federal Way. Attachments: None Options Considered: Do not set a public hearing and/or do not take a City Council formal position respecting the Roads and Transit Ballot Proposition. ....--._...M.__._____.._......._...._.._.__.._.._m..._.....-....-.---.__...__.._._.___._.._._._m.._._...............__h_.__._..__.____...._........_..................__._..........._..._.__..._._.._.__.____._...._.~__.__.~_..____..._._.._~_...____..__..___.___._____ STAFF RECOMMENDATION: Hold a Public Hearing and take a position. CITY MANAGER ApPROVAL: ~/ A- Committee DIRECTOR ApPROVAL: Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: HI move to direct Staff to place a Public Hearing on the October 1 (/h Council Agenda for the purpose of receiving public input regarding the Roads and Transit Ballot Proposition before Council considers taking a formal position. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/0612006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION #