ORD 07-563
ORDINANCE NO. 07-563
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
W ASIDNGTON, AMENDING CHAPTER 5 AND CHAPTER 8 OF THE
FEDERAL WAY CITY CODE AND ADOPTING THE 2006 INTERNATIONAL
CODES AND THE 2006 UNIFORM PLUMBING CODE (AMENDING
ORDINANCES NOS. 90-33, 92-143, 95-234, 98-320, 01-402, AND 04-465)
WHEREAS, the City of Federal Way is required to adopt the State of Washington International Codes
and the Uniform Plumbing Code as amended by the State Building Code Council pursuant to RCW
19.27.031; and
WHEREAS, the State Building Code Council has mandated that the International Codes and the
Uniform Plumbing Code become effective on July 1,2007; and
WHEREAS, the City has determined that it is necessary to protect the public heath, safety and welfare
by adopting the 2006 International Codes and the 2006 Uniform Plumbing Code as published by the
International Code Conference (ICC) and International Association of Plumbing and Mechanical Officials
(IAPMO) respectively; and
WHEREAS, the City of Federal Way has considered a proposed change to the Federal Way City Code
(FWCC) relating to the Building Code (Proposal); and
WHEREAS, the Land Use and Transportation Committee of the City Council considered the Proposal
on September 10,2007, and moved to forward the proposed Building Code amendment to Chapter 5 and
Chapter 8 of the Federal Way City Code to the full City Council;
Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY
ORDAIN AS FOLLOWS:
Section 1. Chapter 5 and Chapter 8 of the Federal Way City Code are amended to read as set forth to
this ordinance as Attachment A and Attachment B.
Section 2. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but no limited to, the correction of scrivener/clerical
errors, references, ordinance numbering, section/subsection numbers, and any references thereto.
Ord. No. 07-563, Page 1
Section 3. Severability. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to other persons or circumstances.
Section 4. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 5. Effective Date. This ordinance shall be effective five days after its passage, approval and
publication as provided by law.
PASSED by the City Council of the City of Federal Way this / b ~
{}Jo/;v- ,2002.
day of
CITY OF FEDERAL WAY
/.....~
l .
ATTEST:
Ci
APPROVED AS TO FORM:
~~
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No:
r!d8/07
~~:Jj~
07 -~ ~3
IIDOCUMENT\2007 Building Code Change\~006 Building Cedes Adoption Ordinance.doc
Ord. No. 07- S (,3 , Page 2
Federal Way City Code
ATTACHMENT A
Chapter 5
BUILDINGS AND BUILDING REGULATIONS
Articles:
I. In General
II. Administration
III. Building Construction Standards
IV. Five-Story Wood Frame Tvpe VA Buildings
V. Plumbing Code
VI. Mechanical Code
VII. Existing Buildings International Property Maintenance Code
VIII. Swimming Pools - Hot Tubs - Spas
IX. Moving Buildings
X. Electrical Code
XI. Fire Code
Article I.
IN GENERAL
Sections:
5-l Purpose.
5-2 Conflicts.
5-3 Interpretation.
5-4 Application and scope.
5-5 Copies of codes.
5-6 Appeals.
5-7 Enforcement (general).
5-8 - 5-35 Reserved.
5-1 Purpose.
The purpose of the codes and regulations adopted in this chapter are to provide for and promote the
health, safety and welfare of the general public, and not to create or otherwise establish or designate any
particular class or group of persons who will or should be especially protected or benefited by the terms
of these codes and regulations
5-2 Conflicts.
In case of conflict among the following adopted codes, the codes as numbered shall govern over those
following:
(I) International Building Code;
(2) International Residential Code;
(~) 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:
(I) Administrative authority shall mean the building official.
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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 public nuisances. Notwithstanding any
provision to the contrary, civil enforcement of the provisions of this aFticle chapter and the terms and
conditions of any permit or approval issued pursuant to this aftiele chapter shall be governed by Chapter 1
FWCC, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any
other forms of enforcement available to the city including, but not limited to, criminal sanctions as
specified herein or in Chapter I FWCC, Articles U, III, nuisance and injunction actions, or other civil or
equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this aFt-iele
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 42 EnfDrcement (administration).
~ 5-42 - 5-65 Reserved.
5-36 Right of entry.
The building official or his/her designee shall have the right of entry, during usual business hours, to
inspect any and all buildings and premises in the performance of his/her duties.
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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:
(I) 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 RI 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:
(I) 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 City Code
5-41 Appeals.
Appeals made from any ruling under this article, except rulings or decisions pertaining to
enforcement of this article, shall be pursuant to FWCC 5-6.
5 42 Enforcement (administration).
Notwithstanding any provision to the contrary, civil enforcement of the provisions of this article and
the terms and conditions of any permit or approval issued pursuant to this article shall be governed by
Chapter I FWCC, L'\rticle III, Civil Enforcement of Code. Civil enf-orcement is in addition to, and does
not limit any other forms of enforeement a'/ailable to the eity including, but not limited to, criminal
sanctions as specified herein or in Chapter I F'NCC, f.rticles II, III, nuisance and injunction aetions, or
other ci'lil actions.
~ 5-42 - 5-65 Reserved.
Article HI.
BmLDING 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:
(I) Chapter 51-II WAC - Washington State Energy Code; and
(2) Chapter 51-13 WAC - Washington State Ventilation and Indoor Air Quality Code; and
(3) Chapter 51-50 WAC - State Building Code Adoption and Amendment of the ~ 2006
International Building Code; and
(4) Chapter 51-51 WAC - State Building Code Adoption and Amendment of the ~ 2006
International Residential Code; and
(b) Appendix Chapters F, G, I, and J of the International Building Code, ~ 2006 Edition, and
Appendix Chapters Hand J of the International Residential Code, ~ 2006 Edition; both published by
the International Code Council.
5-67 Amendments.
The following amendments to the Code adopted in FWCC 5-66 are hereby adopted:
(l) Section R 105.2 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. includin2: 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 jurisdiction.
(2) Section RI05.2 item I 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 (ll.15 sq.
!!ti.08.58 sa. m.l.
Page 4
Federal Way City Code
ill ts1 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 which ha'.'e not
been appro';ed (when appropriate) by the community development services
department, building and planning di'.'isions; public works department, development
services and traffic divisions; Federal Way fire department, fire prevention division
or King COl:mty health department ......ithin 24 months following the application date
shall expire by limitation and become null and '/oid if no permit has been issued. Any
days the application is under review f-or the state environmental policy act (SEP A)
shall flot be included in the allotted 24 months. One extension may be granted for up
to 12 months if that extension period would fall within the same code cycle. Expired
applications that are eligible for such extension may be rene..ved for a period not
exceeding that time remaining ',vithin the 12 month period. Such expired applications
can be rene.Ned f-or one half the amount of the original application fee or an amount
determined by the building official, not to exceed one half the original application
fee. All extensions shall be requested in 'llriting.
A ney.v, complete permit application and full fees must be submitted to restart the
review process on any expired applieation that cannot be extended. The nevI
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 {)ermit has been issued; except that the building official is authorized to grant one or
more extensions of time for additional periods not exceeding 90 180 days each. The
extension shall be requested in writing and iustifiable cause demonstrated.
~ (1} Sections 106.1.1 and R 106.1.1 are amended and supplemented by the addition of a new
second paragraph to read as follows:
The applicant must supply as much information as required to provide an accurate
environmental disclosure.
f4) W Sections 106.4 and RI06.4 are amended and supplemented by the addition of new sections
to be known as 106.4.1 and RI06.4.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.
fA (Q} Sections 1l0.1 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.
~ ru Sections 110.3 and RIIO.3 are amended in their entirety to read as follows:
T€lmIHmu~y t}€l€ltt~afl~Y. ThB bttildiflg @ffi~ial is 8ttth0riz€ld to i88li€l 8 tBm~0f'8ry
~Bl'tifi~atB @f 0~~tt~8fl~Y bgf@r€l thB g0~IBti0fl @f thB Bfltire ':;€}rk ~w:gl'gd by the
Page 5
Federal Way City Code
fH~rmit, 1"fllviti€lli that 8tH~h 1"€lrti€ll'l €lY 1"€lrtilll'lB shall oe €lIHlMpi€ti sakly. The ollil€ling
€lftillial shall S€lt a tim€l pgri€lti €lMril'lg ';:hi€lh thll t€lmp€lrary llgrtiwllat@ €If €IllllM1"anllY is
~
Limited Access Agreement. Limited use may be granted for any building not yet
issued a Certificate 0 f Occupancy pursuant to sections 110.1 or R II 0.1 through a
properly executed Limited Access Agreement. Such agreement shall be signed by the
legally identified corporate officer or property owner having authority to represent
the corporation or property O'.....ner in such. agreements or contracts, and the City
Manager; as negotiated and recommended by the building official or their designee
and according to eity policy.
(8) Sections 112.1 and Rl12.1 are amended in their entirety to read as follows:
Cllnlll'aI. In €lYti€lr t€l heay al'la aelli€l€l a1"1"llals €If Ill'tilll'S, tillllisi€lns €lY €llltllrminati€ll'ls
maalloy illll oMiltiing €lfM€lial rlllativ€l t€l thll ap1"lillati€ln anti intllFf)r€ltati€ln €If this
gllag, illgrg shall bg aft€l is hgn~oy llrllatg€l a o€lar€lllf ap1"gals. Th€l bllaf€l €If a1"1"gals
8hall O€l app€lifttga oy thll g€ly€wlliftg b€lay afta 8hall h€lld €lfMllg at its pllla8tif€l. Th€l
ollard 8hall aallpt millS €If fWlllllltiHf"€l f@r @llftdM@tiftg its OM8il'l@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:
Limitatillft8 €1ft ~ulth€lrity. fJl a1"1"lillati€lft wY appllal8hall O€l oasllti €1ft a @laim that thll
tRill ifttllftt €If this ll€la€l €lr th€l ml@s l€lgally a€lllptlla thllr€l MI'l€l€lY ha':€l Ollllft ift@llffll€ltly
iftt@Ff)flltlla, thll prll';18i€lns Ilf thi8 ll€ldll dll ftllt [tilly apply €Ir aft €ltllially g€lllallr OllttllY
t:€lrm €If ll€llistnU"lti€l1'l is \'lf€l\'l€lS€a. Thll o€lara shall ha':€l nil alltlu~rity t€l ".\'ai\"€l
r@tlliir@mllftt8 €If this ll€ld€l.
Limits of authority. The hearing examiner shall have no authority relative to the
interpretation of the administrative provisions of this Code nor shall the hearing
examiner be empowered to waive any requirements of this Code.
(0) Sections 112.3 and R112.3 are deleted in their entirety.
Qlialitillatillll8. Thll bllaYti €If a1"1"llals shall @Ilftsist €If m€ltMllrS ?:hll ar€l tllialiw€ld by
@1€Plll=illftll@ ana traiftil'lg tll 1"ass Ilft mattllfs 1"@rta.iftiftg t€l oliildil'lg ll€ll'lstm€lti€lft aftd aye
lillt €l~IIlYll@8 €If th@ jllrisailltillft.
~ Ql} Sections 113.2 and RI13.2 are amended in their entirety to read as follows:
N€ltillll €If villlatillft. The bliildiftg €Ifwllial is alithllFizlld t€l SIlF:€l ft€ltill€l €If vi€llati€ll'l IlY
IlrdllY €Iii illll p€lfSllft Y€8p€lftsiolll fllr th€l llf€llltillft, llll1'l8trlilltilll'l, altllrati€lft, €lKtllft8illft,
r€lpaif, mll?iftg, Y€lmll':al, d€lm€llitillft Ilf Illlllli1"al'lllY Ilf a ouilaing €If 8WllWf€l ift
':illlati€lli Ilf illll prll':i8i€lftS Ilf this €lllti€l, Ilr ift \'illlati€lft €If a 1"llrmit Ilr ll€lrtiwllat€l iSSIl€ld
liftallr th@ IU€l\"i8illft5 Ilf this II €I €Ie. SMllh €lra@r shall dirllllt thll €li8€l€lfttiftliaftllll €If thll
ill@gal allti€lft €lr llllft€liti€maft€l thl! aoatllm@ftt Ilf thll ':illlatillft.
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.
flHll1 Sections 114.1 and R114.1 are amended in their entirety to read as follows:
Page 6
Federal Way City Code
.\iitlun'ity. ~.Vlunur;er the Imilding @fiteial itnds an;,' ';;@Fl( repdatild !ly this @@de
!leing ~ert:eFm.il€l in a mamlef @ith€lr il@ntnw)' t@ the ~r@y:isi@ns @f this il@d@ @r
€langer@tls @r lmsafc, the !lttil€ling @fiteial is amft@l"ize€l t@ isslle Ii st@~ ';;@l'k @rdef.
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 vlOrk order to cease activity shall be in writing and given to the
owner of the property involved. or to the owner's agent. or to the person doing the
work. Upon issuance of a stop work order to cease activity. the cited wefk activity
shall immediately cease. The stop work 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 R114.3 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-Gj i..W Section 1008.1.8.3 is amended by the deletion of exception 2.1 is deleted.
(16) Section R313.2.1 is amended by the addition of Exception 3 to read as follows:
Remodels which do not add bedrooms and have a construction valuation of less than
$5.000.00 $20.000 may use batterv operated smoke alarms in existing areas of the
structure which are not affected bv the permitted work.
t91 Ol). Sections 1807.4.3 and R405.:l are amended and sl:lf>plemeBted in their entirety to read as
follows:
Drainage €lis@hal'ge. The fl@@f !lase 8ft€l f@lm€lati@n ~el"imiltef min shall disilftarge !l~'
gnv.'i~' @f me@hani@al me8ftS int@ an 8p~f@';ild 8fmnage s)'st@m that il@m~liils '.7ith the
1Dt@}lultitmal Plwn!ling CIHk
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 mlflim1:lm 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 "'OOD FR\ME TYPE VA BUILDINGS
Sections:
5-69 Purpose - General.
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Federal Way City Code
5-70 Construction.
5-71 Occupancy.
5-72 Stair enclosures.
5-73 Fire detection and protection.
5-74 Height.
5-75 Basic allowable floor area.
5-76 Fire department access.
5-77 Construction inspection.
5-78 Maintenance of fire protection systems.
5-79 - 5-90 Reserved.
5-69 Purpose - General.
The purpose of this article is to authorize the construction of five-story wood frame Type V A
buildings as an approved alternate design and construction method under Section 104.2.8 of the ;WW
2006 Edition of the International Building Code, and to set forth the criteria and standards which must be
met before a building permit may be issued for a five-story wood frame Type VA building.
5-70 Construction.
(a) International Building Code requirements. Five-story wood frame Type V A buildings must
comply with all requirements of the International Building Code, except as modified or supplemented by
this article. In the event of a conflict between the International Building Code and the provisions of this
article, the provisions of this article shall controL References in this article to building construction
"types" (e.g., Type lor Type VA) shall have the same meaning as set forth in the International Building
Code.
(b) Lowest story construction requirements. The lowest story in a five-story wood frame type V A
building shall be constructed of Type V A fire-resistive construction, except that all structural frame and
load bearing elements must consist of approved, two-hour fire-resistive construction.
(c) Upper four stories. The upper four stories of a five-story wood frame Type VA 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 oonstitut-ed or as
may be subsequently amended.
5-71 Occupancy.
(a) Occupancy of five-story wood frame Type VA buildings shall be allowed as provided in Table
503, International Building Code,;WW 2006 Edition, as presently constituted or as may be subsequently
amended, except that B, M, and R-l occupancies shall be allowed on any floor.
(b) Occupancy shall have the same meaning as set forth in the 2OW- 2006 Edition of the International
Building Code as presently oonstituted 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 ~ 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~ 009 707.14.2.1 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 ~
2006 International Building Code Section 403.10 and the ~ 2005 National Electrical Code, as
presently constituted or as may be subsequently amended. The standby system shall have a capacity and
rating sufficient to supply all equipment required to be operational at the same time, including but not
limited to emergency lighting, stair enclosures, an elevator shaft pressurization, and elevators.
(d) A monitored manual and automatic fire detection system, subject to the approval of the fire ehief
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 F'HCC
Section 403 pertaining to high-rise buildings, as applicable.
5-75 Basic allowable floor area.
The basic allowable area of floors of five-story v{Qod 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, plUG 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 vlood 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:
(I) 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.
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Federal Way City Code
5-78 Maintenance of fire protection systems.
The owners of five-story wood frame Type V A structures shall maintain the fire and life-safety
systems required by the International Building Code and the Federal Way City Code in an operable
condition at all times. Unless otherwise required by the fire ebief 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-l18 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 Enfereement (plumbing eo de).
Notvlithstanding any provision to the contrary, ciyil enforcement of the provisions of this article and
the terms and conditions of any permit or approoo<al issued pursuant to this article shall be governed by
Chapter I FWCC, ,^Jiicle 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 I FWCC, fJiicles II, III, nuisance and injunction actions, or
other oi'oil or equitable aotions to abate, discontinue, correct or discourage unlawful acts in violation of
this article.
~ 5-92 - 5-100 Reserved.
Division 2. Permit
5-101 To whom issued.
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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 ,ww 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 ,ww 2006 Edition
of the Uniform Plumbing Code Standards.
(2) The ;ww. 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.
W 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).
(4j ill Section 103.4~ is amended in its entirety to read as follows:
P~rmit F~tls. F@@8 shalllHl asstlsstld in atl@@fdan€l€l '::ith th~ ~r@'.isi@ft8 @f this 8tlgti@n
aftd as s@t f-arth ifl th0 fce sghedttle Table 1.1. The fees arg t@ bg d~h~H'miflgd ~md
ad@~t0€1 by this jttfts€ligtilm.
.J..OJ-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.
~ (1} Section 103.3,4 is amended in its entirety to read as follows:
(a) Time limitation of application. i\pplications for building permits which ha'le not
been appro?ed (whoo appropriate) by the community de'....-elopment services
department, building and planning divisions; public works department, development
services and traffic divisions; Federal Way fire department, fire prevention di';ision
or King County health department within 21 months follo\'nng the application date
shall expire by limitation and become null and void if no permit has been issued. f..ny
days the application is under review for the state environmental policy act (SEPA)
shall not be included in the allotted 24 months. One extension may be granted for up
to 12 months if that extension period would fall '.vithin the same code cycle. Expired
applications that are eligible for such extension may be renewed f-or a period not
exceeding that time remaining within the 12 month period. Suoh expired applioations
can be rene',ved for one half the amount of the original applieation fee or an amount
determined by the building offioial, not to exceed one half the original application
fee. ,'\11 extensions shall be requested in 'lIritirig.
A new, complete permit application and full fees must be submitted to restart the
revievl process on any expired applioation that eannot be extended. The nev,'
application date is the date of the new submittal.
Expiration. Every permit issued by the ,'\uthority Having Jurisdiction under the
provisions of this code shall expire by limitation and beoome null and void if shall
become invalid unless the work on the site authorized bv such oermit is flet '
commenced within one hundred eighty (I 80} 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
fl80~days after the time the work is commenced. Before such '.york can be
recommenced, a ne'N permit shall first be obtained to do so, and the fee therefore
shall be one half the amount required for a new permit for suoh work, provided no
changes have been made or will be made in the ori~dnal plans and specifications for
such work, and pro'lided further that the suspension or abandonment has not
exoeeded one year.
f..ny permittee holdin?; an unexpired permit may apply for an ext-ension of the time
within 'Nhich the work may commence under the permit VI-hen the permittee is unable
to oommence the '.vork within the time required by this section for good and
satisfactory reasons. The Authority Ha';ing Jurisdiction buildimr official is authorized
to !!fan!. in writinl!. one or more may extend the extensions of time. for aotion by the
permittee for a periods not more than exceeding one hundred eighty (180) days each.
u{Jon v:ritten request by the permitt-ee sho....ling that circumstances beyond the control
of the permittee have prevented action from being taken. No permit shall be extended
more than oncc The extension shall be reauested in writinl! and a iustifiable cause
demonstrated. In order to renew action on a {Jermit after expiration. the permittee
aoolicant shall pay a new full permit fee.
~ ill Section 103.4.3 is amended in its entirety to read as follows:
b) Expiration. Every permit issued by the building official under the pro'lisions of
this chapter shall expirc and beoome null and void if the work authorized by such
permit is not commenced and complcted within 24 months. One extension may be
Page 12
Federal Way City Code
granted f-or up to 12 months if that extension period would fall '.vithin the same code
cycle. Expired permits that are eligible for such extension may be renewed for a
period not exceeding that time remaining within the 12 month period, Such expired
permits can be renevled for one half the amount of the original application fee, or an
amount determined by the building official, not to exceed one half the original permit
fee. .'\11 extensions shall be requested in writing.
A new, complete permit application and full fees must be submitted to recommence
'Nork on any expired permit that cannot be extended. The building official may
evaluate the 'Nork not completed under the expired permit and issue to the applicant a
revised scope of'llork to be submitted for the new application.
Expirali::J:l ;>1 pllU 1'<8\"i811', :\pf}Iieatiens fur v:hieh ne IHlrmit is iSSUll€l ';':ithin ene
hun€lre€lllightj' (UW) €lays felle....'ing thll datil ef a~~lillatien shallllKf}iFll loll' limitatien,
1m€! ~llm8 and ethllI' €lata sulolmittlld fer nl':ill\': may thllFllaftllI' hll ntumll€l te thll
af}plillant er a@stfej'll€! loly thll .'\tttherity IIa':ing lluls€lietien. Thg :\tttherity IIa't'lng
IurisBilltiGn may lJIlllgg€l tbll ttmlJ fer lllltien loly thll apf}lillaftt fef a pgr.iG€I ef ene
hoo€lnB llight)" (189) days upen Fllqtiest loly tb@ a~plielmt slundng that llinHllmtanllgS
h@Y0nB tl\g 0efttt'Gl ef thg atlplieam: ha':ll ~I'g'.'@ntga alltien frem lollling tal(llft. ~re
11l1plillatien shall h@ @I~llnall€l mere than enu, In era\M tG rllft€.:: IUltien en an
af}plillati8n aft.:lr 9I~Wati0n, thg atlflligant ghall rgs1ilolmit plans 1m€! flay a ntr:: flllm
re"."ie",,".r fee.
Time limitation of application. An application for a permit for any proposed work
shaH 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 drain fields
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 13
Federal Way City Code
a. Chapter 51-52 WAC - State Building Code Adoption and Amendment of the ~ 2006
Edition of the International Mechanical Code and of the ~ 2006 Edition of the International Fuel Gas
Code.
5-142 Amendments.
The following amendments to the mechanical code adopted in FWCC 5-141 are hereby adopted:
(1) A-Rew Section 106.3~ is added is amended and supplemented by the addition of a new
subsection 106.3.2 to read as follows:
(a) Time limitation of s.pplics.tion. Applications for mechanical and fuel gas permits
which ha','e not been approved (when appropriate) by community de',elopment
services department, building and planning divisions; public 'Norks department,
de','elopment services and traffic divisions; Federal Way fire department, fire
prevention division or King County health department within 21 months f-ollowing
the application date shall expire by limitation and become null and void if no permit
has been issued. Any days the application is under re'tiew f-or the state environmental
policy aet (SEPA) shaH not be ineluded in the allotted 21 months. One extension may
~e granted for up to 12 months if tRat extension period would fall within the same
code cyole. Expired applieations that are eligible for suoh extension may be renewed
for a periOd not exceeding that time remaining within the 12 month period. .Such
expired applications can be rene'.ved for one half the amount of the original
application fee or an amount determined by the building official, not to exceed one
half the original application fee. All extensions shall be requested in writing.
/\. neVI, complete permit applioation and full fees must be submitted to restart the
revie'N prooess 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 {>eriods not exceeding 180 days each. The extension shall be requested in
writing and iustifiable cause demonstrated. A new, complete permit application and
full fees must be submitted to restart the review process on any expired application
that cannot be extended. The new application date is the date of the new submittal.
(2) Section 106.4.1 is amended and supplemented by the addition of a third paragraph to read as
follows:
Changes made during construction are to comply with the provisions of International
Building Code Section 106.4 as amended by Federal Way City Code Section 5-67(4).
(3) Section 106.4.3 is amended in its entirety to read as follows:
(b) Expiration. E';ery permit issued by the building official under the provisions of
this ohapter shall expire and become null and void if the work authorized by such
permit is not commenced and completed \vithin 21 months. One extension may be
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 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. ,^.ll extensions shall be requested in '.vriting.
Page 14
Federal Way City Code
,^. new, complete permit application and full fees must be submitted to recommence
'Nark on any expired permit that cannot be extended. The building official may
e\'aluate the 'Nork not completed under the expired permit and issue to the applicant a
revised scope of\'/ork to be submitted for the new application.
Erq.liratien. I!>:€:I'Y Jl€:tmit issli€:d by th€: lled€: efMllial lmd€:r th€: Jlnr:isiens ef this lled€:
shall llRflir€: bj' limitatien and bllllemll nlill and "eid if tltll ,':eri:: alitherizlld by Slillh
p€:Fmit is netgemmgnlllla -;:ithin 1 &9 dal's [rem thll datil ef sli€:h pllFmit, er if tltll '."eri(
alitherizll3 oy Slillh pllmUt is sWlpllnd€:d er aoandenlld at any tim€: aftllr tit€: .....el'l.( is
€:emmllng€:d f@r a p€:ried ef 189 daj's. B€:fere Slillh '::erk r€:llemm€:nellS, a ne'l: Jl€:tmit
shall b€: kf8t ebtaine6 and tltll fell, thllr€:f-efll, shall b€: enll half tft€: amelint rllllliir€:d fur
a n€:'!: permit for Slillh ,-:edc, pre':ided nl.l ha\'€: Olllln mad€: er will o€: m~ui€: in th€:
@rigillal llen8tfltgti@n delllimllnts f@r 8li€:h v:erl(, alld pnr:id€:d fluthllr that 8li€:h
st!8fl€:nsien er aoandeftmllftt has ft@t 111Hl€:€:dlld @ftll Yllar.
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 Pcc 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 Vll.
EXISTINC BUlLDINCS INTERNATIONAL PROPERTY MAINTENANCE CODE
Sections:
5-166 Codes adopted.
5~ 167 Appeals.
Page I 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:
(I) 2003 Edition of the International Existing Building Code; and
~ ill ~ 2006 Edition of the International Property Maintenance Code, except Sections -W6;
111,303,307,308, and 507 are not adopted.
5-167 Appeals.
Appeals made from any ruling under this article, except rulings or decisions pertaInIng to
enforcement of this article or any of the codes adopted hereunder, shall be pursuant to FWCC 5-6.
5-168 Amendments - International Property Maintenance Code.
The following amendments to the Code adopted in FWCC 5-166 are hereby adopted:
(a) Section 102.3 is amended to read as follows:
Section 102.3 Application Ie gf other codes. Repairs, additions or alterations to a
structure, or changes of occupancy, shall be done in accordance with procedures and
provisions of the International Existing Building Code, International Fuel Gas Code.
International Mechanical Code. Uniform Plumbing Code and the NEC Electrical
Code. and Chapter I FWCC, ,^.rtiole III, Civil Enforoement of Code. In the eveRt of a
conflict between the applicable provisions of this Code and Chapter I FWCC, ,\rticle
III, the more restriotive shall apply. Nothing in this code shall be construed to cancel,
modify or set aside any provision of the IntBmati€lnal Z€lning C€lBB Federal Way City
Code.
(b) Seotion 103 is amended to read as follows:
Section 103.5 is deleted in its entirety.
(cl Sections 106.1 through 106.5 are deleted in their entirety.
~ @ Section I 07 ~ is amended and supplemented to read as follows:
Section un.! 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 t€! tOB pBf8€ln fur tAB vi€llati€ln a8 8pBBifiBB in thi8 B€l3B.
N€!tiBB8 f-€lr 0€m3Bmftati€!n Pf€!BB3UfB8 80all a18€! 0€!mply '.vito SB€lti€!n lQ8.3.
(el Section 107.2 is amended to read as follows:
See/ion !O7.2 Form. Such notice prescribed in Section 107.1 shall be in accordance
with all €If tOB f€lll€l'::iftg 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.
(d) (g} Section 108.1 is amended to read as follows:
.J.()&.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 0~lldemn@d closed pursuant to the provisions of this code.
{ej (h} Section 108.2 is amended to read as follows:
-J.08.:.2. 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 pla0anl ~f 0~lls@mRati~1l ~Il the pF0mi8@s 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.
ft} ill Section 108.3 is amended and supplemented to read as follows:
.J-()&J Notice. Whenever the code official has @oll€h~mR0a closed a structure or locked
out equipment under the provisions' of this section, notice shall be posted in a
conspicuous place in, QIl 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(H~tioll 197.3 FWCC Chapter 1, Article III. ~
Mtiee I'Hlrtains t~ @€\tiipmeat, it 8hall alg~ @0 plalH~s 1m the @~ndemned @~tiipmeftt.
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.
(g) ill Section 108.4 is amended and supplement-ed to read as follows:
.J.()8.4 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 or ~n sefeeti":e 0t:ltlillment a placard bsaFillg tlH~ ":.'onl
00ftSemRSs indicatinl! that the buildinl! is not fit for occuoancv and a stah~m€lftt 0 f the
p€lftaItie8 pnv.'is@s f@r O(Hlupyillg the prsmi8es, operating tke e€\tiillmeftt or remtr:iftg
the pla@ars other information determined relevant by the building official.
(k) Section 108.4.1 is amended to read as follows:
108.4.1 Placard removal. The code official shall remove the 0tmd€lmnati€l1l placard
DOsted in accordance with the orovisions of section 108 whenever the defect or
defects upon which the egmimm'lati€lO ana lllaeaniillg 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:
I. 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.
tB (m) Amend Section 202 is amended to read as follows:
Delete the definitions of GARBAGE, INOPERABLE MOTOR VEHICLE, AND
RUBBISH.
(B {n} Section 301.2 is amended to read as follows:
.J()Jd. 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. OIlIlI:l~afttB 6f & 3w011ing
I:lftit, nHlmiftg ooit 6r k6I:lBllb~ll~iftg I:lftit &f'll rllSf}6ftsiblll f~r IWllf}iftg ift. a 0111aft,
sanitary aft3 Baf{: 116ft3iti6ft that ~art 6f th0 3'-:0llillg tmit, r66ming I:lnit, h61:lS0kll0piftg
I:lftit 6f pn~misll8 ,':nidi thllj' 61111l:lpy &ft3 116fttr61.
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 ~rohibited. 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. pr6S0€Hlti6ft ift 811116r3aftIl0 with S00ti6ft I QfJ.J 8ft3
as ~fllS0flbll€l bj' th0 8Mth6ritj, ha':iftg jMl'is€lillti6ft. U~6ft faihm~ t6 116mJ'lly ";:itk thll
ft~till0 6f ,:i01ati6ft, aft)' 3Mly al:lth0flz03 @mJ'l10Y00 0f tft0 jMfts€lillti0ft 0r 00fttraet0r
hirll€l bj' th0 jl:lris€lillti0ft shall be aMtk0rizll€l to llftt@r M~0ft th0 pr0p0rtj' ift ":i0Iati0ft
oo€l 0Ht 8ft3 €l@Str0Y fu0 ';:003S gr0';:iftg tR0r@0R, aft€l tft0 00St 0f SM0h n~m0"al shall b@
pai3 by tkll 0V;tH~r 6r ag0ftt rll3p6ftsible fur tkll f}f6f}€rty.
(1) Section 304 is amended to read as follo'tVs:
Delete subsections 304.2,301.8,301.9,301.11 301.18 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 have been complied with.
Civil enforcement of the pro'.<isions of this article and the terms and conditions of any permit or approval
issued pl:H"sllant to this artiele shall be governed by Chapter 1 F'NCC, f.rticle III, Civil Enforcement of
Code. Civil enforeement is in addition to, and does not limit any other forms of enforcement a'/ailable to
the city including, but not limited to, criminal sanctions as specified herein or in Chapter I FWCC,
.{\rtioles IT, III, nuisance aM injooction actions, or other civil or equitable actions to abate, discontinue,
correot 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 I 9
Federal Way City Code
existence prior to the effective date of the ordinance from which this article was derived and where not
provided with the safety requirement then in effect shall within six months from the effective date of this
article be brought into conformity with the provisions and requirements of this article. Swimming pools,
hot tubs and spas not brought into conformity within the period of time herein specified are hereby
declared to be a public nuisance and public hazard, and the owner of the premises upon which such pool
exists shall be subject to the penalties prescribed herein.
5-222 Fences and gates - Required.
(a) Every person whether as owner, purchaser under contract, lessee, tenant or licensee in possession
of land within the city upon which is situated a swimming pool, hot tub or spa in excess of 18 inches in
depth, including portable pools, shall at all times maintain on the lot or premises upon which such pool is
located and completely surrounding such pool, lot or premises, a fence or other solid structure designed to
prevent small children from inadvertently wandering into the pool. Such fence or other solid strUcture
shall be not less than five feet in height with no opening (other than doors or gates) except as follows:
(1) For a fence or other solid structure whose chief covering members are constructed in a vertical
direction, there shall be no openings in a horizontal direction of more than four inches. For a fence of this
type there shall be no more than three horizontal members.
(2) For a fence or other solid structure whose chief covering members are constructed in a
horizontal direction there shall be no openings in a vertical direction.
(3) All gates or doors opening through such enclosure shall be equipped with a self-closing and
self-latching device designated to keep, and capable of keeping, such door or gate securely closed at all
times when not in actual use and to prevent a small child from opening such door or gate; provided,
however, that the door of any dwelling occupied by human beings, and forming any part of such
enclosure, need not be so equipped.
(b) All latches or locking devices on doors or gates as required by this section shall be installed not
less than four feet, six inches, above the adjoining walks, steps or ground level. No self-closing gate
required by this section shall have a width in excess of four feet unless the design is specifically approved
by the city building official. In no event shall a gate which serves a driveway qualify as a self-closing gate
for the protection of swimming pools under the requirements of this section.
5-223 Fences and gates - Waiver for inaccessibility.
The requirements of this article relating to a fence or other solid structure surrounding a swimming
pool, hot tub or spa on all sides may be waived to the extent that the topographical features of the land
upon which the pool is constructed or is proposed to be constructed are such as to make the land
inaccessible and unapproachable from any portion thereof which is unfenced and unenclosed.
5-224 Fences and gates - Covered pools.
(a) All permanent swimming pool covers shall be considered adequate enclosure protection as
required in this article; provided, that:
( 1) All exterior openings are constructed as required for gates;
(2) Exterior walls are solid and impenetrable. Pool cover structures shall conform to all
requirements of the city building code in effect at the time of construction.
(b) All hot tub and spa covers shall be considered adequate enclosure protection as required by this
article; provided, that when not in use, hot tubs or spas are covered by a solid cover capable of supporting
50 pounds.
5-225 Excavation walls - Distance from slope - Walkway.
(a) Swimming pool excavations and swimming pools partially completed shall be protected and
guarded against danger to life and property. Such excavations shall have walls of masonry or concrete of
sufficient strength to retain the embankment together with any surcharged loads. No swimming pool or
swimming pool excavation shall extend within one foot of the angle of repose or natural slope of the soil
under any footing or foundation unless:
Page 20
Federal Way City Code
~
(l) Such footings or foundations are first properly pinned or protected against settlement; or
(2) The swimming pool wall is designed, through rational engineering analysis, to support the
surcharge created by the building or structure resting on such footing or foundation.
(b) Notwithstanding the proximity of a swimming pool to a foundation or footing allowed by angle of
repose, there shall be permanently maintained walkways between buildings and a swimming pool of not
less than three feet in width. Diving boards and other permanently attached swimming pool accessories
constructed along the perimeter of the pool shall in the aggregate not exceed five percent of the perimeter
distance of the pool.
5-226 Appeals.
Appeals made from any ruling under this article, except rulings or decisions pertaining to
enforcement of this article, shall be pursuant to FWCC 5-6.
5-227 - 5-245 Reserved.
Article IX.
MOVING BUILDINGS
Sections:
5-246 Purpose and scope.
5-247 Definitions.
5-248 Classification of movements.
5-249 Permit required.
5-250 Application for permit.
5-251 Fees.
5-252 Deposits - Insurance.
5-253 Conditions for issuance of permits.
5-254 Escort.
5-255 Time.
5-256 Lights.
5-257 Notice to utilities.
5-258 Condition of lot.
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 ~ 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 21
Federal Way City Code
5-248 Classification of movements.
The movement of buildings under the provisions of this article shall be classified as follows:
(1) Class I move is the movement of any building from an origin outside the city to a destination
within the city;
(2) Class II move is the movement of any building from one point within the city to another point
within the city;
(3) Class III move is the movement of a building from a point within the city to a destination
outside the city; and
(4) Class IV move is the movement of any building through the city with both an origin and
destination outside the city.
5-249 Permit required.
No person shall move any building over, upon, along or across any public street without a written
permit therefor from the city for all such moves as classified and defined in this article.
5-250 Application for permit.
Application for a permit under this article shall be furnished by the city. The application for permit
shall contain, or have attached thereto the following information:
(1) Name and address of applicant;
(2) Location of building to be moved (present address if assigned);
(3) Location of proposed site to which building is to be moved (include legal description);
(4) Date and time requested for movement;
(5) Map or description of requested route to be taken;
(6) Height, width and length of building to be moved and truck or equipment to be used for
moving the building; and
(7) Classification of movement.
5-251 Fees.
(a) Every applicant before being granted a permit under this division shall pay an application filing
fee as shall be established from time to time by the city and on file in the office of the city clerk.
(b) For any application for a Class I or II move under this article, there shall be charged and collected
an inspection fee in an 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 $1,000 or such greater amount as the
building official determines necessary as indemnity for any damage which the city may sustain by reason
of damage or injury to any highway, street or alley, sidewalk or other property of the city, which may be
caused by or be incidental to the removal of any building over, along or across any street in the city and to
indemnify the city against any claim of damages to persons or private property;
(2) A public liability insurance policy providing $100,000 or such greater amount as the building
official determines necessary to satisfy any claim by private individuals, firms or corporations arising out
of, caused by, or incidental to the moving of any building over; along, or across any street in the city; and
(3) A cash deposit or a corporate surety performance bond in the sum of $500.00 or such greater
amount as the building official determines necessary conditioned upon the permittee, within six months
from the date of the issuance of such permit:
a. Completing the construction, painting and finishing of the exterior of the building.
b. Faithfully complying with all requirements of this article, the building code, the zoning
ordinance, the other ordinances then in effect within the city, including but not limited to permittee
completing such work within six months to the date of the issuance of such permit.
Page 22
Federal Way City Code
In the event the provisions of this subsection are not complied with within the time specified, the sum
of $500.00 shall be forfeited to the city as a penalty for the default, and this shall be in addition to any
other penalties provided for failure to comply within the terms of this article.
5-253 Conditions for issuance of permits.
As a condition of securing the permit for a Class I or II move:
(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 aU
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
H{)using Code International Property Maintenance Code as adopted by the city pursuant to Article VII,
"housiag staRdards" 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 0 f the permit shall be permitted by the escort.
5-255 Time.
Time of the movement of buildings shall be designated by the city. Every permit issued under this
article shall become and be void unless such removal shall be completed and the building removed from
the public right-of-way within the time specified in the application for such permit; provided, however,
that the city may extend such time when the moving of any building is rendered impractical by reason of
inclemency of the weather, strikes or other causes not within the control of the housemover.
5-256 Lights.
No person moving any building over, upon, along or across any public street shall fail, neglect or
refuse to keep a red light (or such other devices as the city may require) at all times at each corner of such
building and at the end of any projection thereon while the same is located in or upon any public street.
5-257 Notice to utilities.
Before any building shall be moved the housemover shall give written notice to the public utilities or
agencies designated in the application not less than three days in advance of the proposed move.
5-258 Condition of lot.
After the completion of any Class II or III move the area or lot upon which the structure was formerly
located shall be cleaned up and satisfactorily graded; the sanitary sewer connection, if one exists, shall be
plugged and marked; the water meter shall be removed and the line satisfactorily capped and marked; the
electrical and telephone lines removed; and all trash removed therefrom to the satisfaction of the building
official.
5-259 Appeal process.
Any appeals of any decision rendered pursuant to this article shall be made to a hearing examiner
appointed by the city. Procedural rules concerning appeals shall be as provided in process I of Chapter 22
FWCC, Zoning.
Page 23
Federal Way City Code
5-260 - 5-319 Reserved.
Article X.
ELECTRICAL CODE
Sections:
5-320 Electrical codes adopted.
5-321 Effect of chapter on existing wiring.
5-322 Amendments.
5-323 - 5-339 Reserved.
5-320 Electrical codes adopted.
(a) Adoption by reference. The following codes as presently constituted or as may be subsequently
amended, are all adopted as amended, added to, or excepted in this chapter, together with all amendments
and additions provided in this title, and shall be applicable within the city:
(1) The National Electrical Code (NEC), ~ 2005 Edition, as published by the National Fire
Protection Association;
(2) The laws; rules and regulations for installing electrical wiring and equipment set forth in
Chapter 19.28 RCW;
(3) The following chapters of the Washington Administrative Code:
a. Chapter 296-43 WAC, Heating Installation;
b. Chapter 296-45 WAC, Safety Standards, Electrical Workers;
c. Chapter 296-46(B) WAC, Electrical Safety Standards, Administration, and Installation.
(b) Purpose. This chapter is enacted as an exercise of police power of the city for the benefit of the
public at large. It is not intended to create a special relationship with any individual, or individuals, or to
identify and protect any particular class of persons. The purpose of this- chapter is to provide minimum
standards to safeguard life or limb, health, property and public welfare, by regulating and controlling
building construction and work related thereto.
5-321 Effect of chapter on existing wiring.
The provisions of this chapter are not intended to apply to electrical installations in existence at the
time of its adoption, except in those cases which, in the opinion of the building official, are found to be
dangerous to life or property, and except as is otherwise specifically provided in this chapter.
5-322 Amendments.
The following amendments to the codes adopted in FWCC 5-320 are hereby adopted:
Section 204 of the Uniform Administrative Code, as adopted by this chapter, is hereby amended to
read as follows:
(1) Section 204. Appeals.
204./ General. Appeals of decisions or determinations made by the building official
relative to the application and interpretation of this Code, except orders, rulings or
decisions pertaining to enforcement of this Code, shall be made to the hearing examiner
pursuant to FWCC 5-6.
204.2 Limits of Authority. The hearing examiner shall have no authority relative to the
interpretation of the administrative provisions of this Code nor shall the hearing examiner
be empowered to waive requirements of this Code.
204.3 Enforcement. Civil enforcement of the provisions of this Code and the terms and
conditions of any permit or approval issued pursuant to this Code shall be governed by
Chapter 1 FWCC, Article III, Civil Enforcement of Code, Civil enforcement is in
addition to, and does not limit any other forms of enforcement available to the city
Page 24
Federal Way City Code
including, but not limited to, criminal sanctions as specified herein or in Chapter 1
FWCC, Articles II, III, nuisance and injunction actions, or other civil or equitable actions
to abate, discontinue, correct or discourage unlawful acts in violation of this Code.
(2) Section 301.1.3 of the Uniform Administrative Code Provisions for the 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 system shall mean a heat and/or smoke detection system monitored by a central and/or
remote station conforming to the current requirements of the National Fire Protection Association
standards and/or the fire chief or designee.
Fire sprinkler system 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 safety/rescue access shall mean an unobstructed access to all floor levels and each roof level of a
building on not less than 20 percent of the building perimeter by utilizing a 35-foot ladder. An alternate
method would be at least one stairway enclosure with exit doorways from each floor level and with a door
opening onto each roof level which conforms to the requirements of the International Building Code.
5-341 Fire Code adopted.
The following code. as amended, added to, or excepted in this chapter. together with all amendments
and additions provided in this title, are adopted and shall be applicable within the city:
(1) The following chapter of the Washington Administrative Code as presently constituted or as
may be subsequently amended:
a. Chapter 51-54 WAC - State Building Code Adoption and Amendment of the 2006 Edition
of the International Fire Code including Appendices B, C, E and F. State amendments to Sections
308.3.4, 308.3.5, 308.3.7, 503.1 - 503.4 and Sections 903.2.10.3 and 3006.4 are not adopted for any
buildings.
5-342 Amendments.
The following amendments to the fire code adopted in FWCC 5-340 are herebvadopted:
(1) 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 such 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, 1, M, R-l, R-2, R-4 and S occupancies.
Exception: In new and existing Group l\, Band E occupanoies equipped throughout with
quick response sprinklers, portable fire extinguishers 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 locking deyice is readily distinguishable as loclc-ed.
(4) Section 3304.1 is amended in its entirety to read as follows:
Cene:"tll. ShH'ag@ @f in~l@si':@B aft€! @rtpl@si':il matilrials, small aFmB ammuftiti@ft,
small aFm ~I'im€rB, ~r@~idlaftt a@mat€d @artridgil8 aftd sm@bh~s8 pr0~@llal'lt8 ift
magazift@s, shall @@m~ly '::itll tll@ ~r0'\'i8i@ft8 @fthis !l@@ti0ft.
General. The storage of explosives and blasting agents within the city is prohibited.
ExceTJtion. 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 buildinl?: 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 ofthe
International Fire Code.
In all Group R. Division 2. occupancies having three or more levels or containing five or more
dwelling units and Group R. Division 1 occupancies having three or more floor levels or containing 10 or
more guest rooms. 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 l?:allons per minute or more fire flow, or where the total
floor area included within the surrounding exterior walls on all floor levels, including basements, exceeds
5,000 square feet. Fire walls, as noted in Section 705 of the International Building Code, shall not be
considered to separate a building to enable deletion of the required fire sprinkler system. Group U
occupancies are excepted from this subsection.
In all occupancies where the building is classified as an overwater structure.
5-345 - 5-359 Reserved.
I:\DOCUMENl\2007 Building Code Change\Chapter 5 doc
Page 27
Federal Way City Code
ATTACHMENT B
Chapter 8
FIRE PREVENTION AND PROTECTION
Articles:
lln Ceneral Fireworks
II. StaRdards
III. Smoke Deteetors
IV. Fireworks
}\rtiele I.
IN CENER:\L
Sections:
S 1 Purpose.
S 2 Interpretation.
S 3 Smoking areas.
S 1 Alterations, repairs and additions t-o buildings.
S 5 Fire proteetion of high rise buildings.
8 6 8 25 Reserved.
8 1 Purpose.
The purpose of this elmpter is not to oreate or otherwise establish or designate any partioular class or
grOHP of persons 'Hho v/ill or should be espeoially proteeted or benefitted by the terIlliJ of this ehapter.
(Oni. No. 99 310, ~ 2, 5 1 99)
8 2 Interpretation.
(a) Whenever the follo'l;ing words appear in the oodes and regulations adopted by this chapter, they
shall be interpreted as follows:
(1) Administrative authority shall mean the building offioial.
(2) Chief, fire chief or ehief of the bureau of fire prevention shall mean the fire chief of the Federal
\Vay fire department.
(3) City treasurer shal,l mean the director of administration and finance.
(1) Corporation counsel shall mean the city attorney.
(5) High rise buildings shall mean all buildings seven or more stories or ha':ing floors used for human
oec\:lpanoy located more than 55 feet above the 10\'/est level of fire department vehicle aecess.
(6) MHfli~ipality and jurisdiction shall mean the city of Federal Way.
(7) Board of appeals shall mean the hearing examiner appointed by the city.
(b) \Vhenever reference is made to local authority, codes, jurisdiction and similar concepts within the
oodes adopted by this chapter, interpretation shall render such reference applicable to the applicable city
designation,jurisdiction and authority. (Ord. No. 92 127, ~ 1,2 1 92; Ord. No. 99 310, ~ 2, 5 1 99)
8 3 Smoking areas.
The fire chief is empo'Nered and authorized to order the ovmer or occupant in 'Nriting to designate
smoking and nonsmoking areas and to post those areas with appropriate signs as defined and required in
Chapter 70.160 RCW as it relates to the Washington Clean Indoor Air Act. (0 rd. No. 99 310, ~ 2, 5 1 99)
Page I
Federal Way City Code
8--~~t;:~~=' ;e:t:~~ a~~~~~itiORS to buildings. ... .
:- ~>S= :'= :e:::: s~ "I'ply Ie all hutldmgs whICh er~ ~~ =:::": ::= ::
~- ~":;;;e 7:U::'~~~';:: ':::::::de:".:oos Of';;~~ ,~~ili: ~:: :=:
=2.it~::.:E ~~ ?::iens or repairs ffi sHbmi~~; ~:~;~:: ;~
e Ie',' n truotton subject to the prOVlGlOnS ofthw ehaptef. €QHl. t-la. 99 ,,4Q, ~
2, 5 4 99)
85:: ::t= Il~ r~: b;:ings.
,:f ~ :'"= ~ "; :~if ~th lire "",teotion ~ ~"',,::"~ ;~: ~:~~
BI:l g d s.2 If 03. and Umform BUildmg Code Chaj3tef 9 as adapted by thiS
Code. (Ccil. No. 99 340, ~ 2, 5 4 99)
8 6 8 25 Reseryed.
Artiele II.
ST:\NDARDS
Sections:
Division 1. Generally
826 8 35 R-eserved.
Division 2. :\dministration
8 36 Authority to adopt rules and regulations.
8 37 i\dditienal oonditions.
8 38 Liability.
8 39 Uniferm Fire Code Section 103.1.4 amended BOllid of appeals.
8 40 Civil enforoement.
8 11 8 50 Reserved.
Division 3. Fire Code
S 5 I Code adopted.
S 52 ;\:ffiendmeRts.
853 New materials, processes or occupancies which may require permits.
8 51 Struotw:"es oyer '.vater.
S 55 g 65 Reseryed.
Division 1. Fire fJarms and Sprinkler Systems
8 66 Definitions.
8 67 Life safety/rescue access.
8 68 Fire detection system.
8 69 Installation.
8 70 8 90 Reserved.
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Federal Way City Code
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(6) In all occupancies where the building is classified as an ovenvater structure. (Ord. No. 90 33, ~
6g(e),2 13 90; Ord. No. 99 310, ~ 5,5 1 99)
8 70 8 90 Reserved.
<~&rticle III.
SMOKE DETECTORS
Seotions:
g 91 Testing and maintenance.
g 92 Transf.er of dVl.elIing unit.
g 93 Remoyal or tampering.
g 91 g 120 Reserved.
8 91 Testing and maintenance.
InstaUation of an approyed smoke deteotion de',ice shall be the responsibility of the O'lmer.
Maimenaooe of such device shall be the responsibility of the tenant or oooupant. Maintenanoe shall
iooll:lde the perf-ormanoe of such tests of the required smoke deteotor as are recommended by the
manufaoturer, at intervals of not less than once a month. Mainteflaflce also requires that if the smoke
deteetor is battery operated, ne\v batteries shall be installed 'uhenever the unit emits a 10....-: battery signal,
or a minimum of once each year whether or not a low battery signal is present. (Ord. No. 90 61, ~ 3, 7 3 90;
Ord. No. 99 310, ~ 6, 5 1 99)
8 92 Transfer of dwelling uBit,
It shall be unlawful for any person to conyey fee title to any real property v{hic-h includes a dwelling
unit, or transfer possession of any dwelling unit pursuant to a land sale contraot, unless there is a properly
operating smoke detector in the d....'elling unit which has been installed in aocordance v{ith this artiole.
Effeoti','e upon the sale or transfer of title of a dwelling unit, it shall be the duty of the seller or transferor
to oertifY to the buyer or transferee in writing that all smoke deteotors required by this artiole are installed
and in proper \vorking order. (Ord. 1'10.9061, 9 1, 7 3 90; Ord. No. 99 310, ~ 6,5 1 99)
8 93 Removal or tampering.
It shall be unlawful for any person to rerno','e a properly functioning smoke deteotor installed in
oonformance with this article unless it is replaced. It shall bo unlawful f-or any person to remo'/e batteries
or in any other way make inoperable or interfere with the effectiveness of a smoke detector installed in
conformanoe '.'Iith this article, exoept that this provisioR shall not apply to any owner or o'+'.'ner's agent in
the normal procedure of replacing batteries. (Ord. No. 90 e1, ~ 5, 73 90; Ord. No. 99 310, ~ 6, 5 1 99)
8 94 8 120 Reserved.
Article I W.
FIREWORKS'
Sections:
Division 1. Generally
8-1 - 8-120 Reserved
8- I 21 Definitions.
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8-122 Findings of fact.
8-123 Implementation of statutes.
8-124 Civil enforcement.
8-125 Exception.
8-126 Sale of fireworks unlawful.
8-127 Possession, use and discharge of fireworks unlawful.
8-128 Use of fireworks in public parks and on public land.
8-129 Special effects for entertainment media.
8-130 - 8-140 Reserved.
Division 2. Permits
8-141 Required - Display of fireworks.
8-142 Application for public display permit.
8-143 Permit fees.
8-144 Issuance - Nontransferable - Voiding.
8-145 - 8-170 Reserved.
Division 3. Fireworks Display Regulations
8-171 Compliance.
8-1n 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- L 79 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, 9 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:
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(I) 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, 9 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, ~ 2, 4-17-90; Ord. No. 92-147, ~ 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,
93,4-17-90; Ord. No. 92-147,93,6-23-92)
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, ~ 14,4-17-90; Ord. No. 92-147, 9 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. 90-54,915,4-17-90; Ord. No. 92-147, 9 10,6-23-92)
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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, 9 4, 4-17-90; Ord. No. 92-147, 94,6-23-92)
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, ~ 6, 4-17-90; Ord. No. 92-147, ~ 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, ~ 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 reqnired.
All public fireworks displays shall be planned, organized and discharged by a state-licensed
pyrotechnician. (Ord. No. 90-54, ~ 12(A), 4-17-90; Ord. No. 92-147, 9 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(8),4-17-90; Ord. No. 92-147, S 8(8),6-23-92)
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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, g 12(C), 4-17-90; Ord. No. 92-147, g 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(0),4-17-90; Ord. No. 92-147,
9 8(0), 6-23-92; Ord. No. 99-340, g 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, ~ 12(E), 4-17-90; Ord. No. 92-147, ~ 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, g 12(F), 4-17-90;
Ord. No. 92-147, g 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, g 12(G), 4-17-90; Ord.No. 92-147, g 8(G), 6-23-92)
8-179 Revocation of permit.
The permit may be immediately revoked at any time deemed necessary by the fire chief or designee
due to any noncompliance, weather conditions such as extremely low humidity or wind factor. The
display may also be canceled by accidental ignition of any form of combustible or flammable material in
the vicinity due to falling debris from the display. (Ord. No. 90-54, ~ 12(H), 4-17-90; Ord. No. 92-147, g 8(H),
6-23-92)
8-180 Areas of public access.
Areas of public access shall be determined by the fire chief or designee and maintained in an approved
manner. (Ord. No. 90-54, 9 12(1),4-17-90; Ord. No. 92-147,9 8({), 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.
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