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ORD 10-665ORDINANCE NO. 10-665 AN ORDINANCE of the City of Federal Way, Washington, adopting the 2009 International Codes and the 2009 Uniform Plumbing Code and amending Title 13 Buildings of the Federal Way Revised Code. (Amending Ordinance Nos. 90-33, 92-127, 92-143, 95-234, 98-320, 99-342, O1-389, O1-402, 04-465, 07-563, 09-594, 09-595, 09-597) 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 l, 2010; and WHEREAS, the City has determined that it is necessary to protect the public heath, safety and welfare by adopting the 2009 International Codes and the 2009 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 Revised Code (FWRC) Title 13 Buildings (Proposal); WHEREAS, the City Council finds that this ordinance is necessary for the immediate preservation of public peace, health and safety and not subject to initiative or referendum, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. FWRC 13.05.030 is hereby amended to read as follows: 13.05.030 Interpretation. (1) When any�ve� of the following words appear in the codes and regulations adopted by this title, they shall be interpreted as follows: Ordinance No. 10-665 Page 1 of 31 :"Administrative authority" shall mean the building official. :"Board of appeals" shall mean the hearing examiner appointed by the city. !"Chief," "fire chief' or "chief of the bureau of fire prevention" shall mean the fire chief of South King Fire and Rescue. !"City treasurer" shall mean the director of administration and finance. •"Corporation counsel" shall mean the city attorney. •"Municipality" � or "jurisdiction" shall mean the city of Federal Way. , , , ��;,...�.,o ,,;,., ao�;,.,,,,�;,,., •�a;,..;,,� .,,,,� .,,,��,,.,.;�.. ,' SECTION 2. FWRC 13.05.040 is hereby amended to read as follows: 13.05.040 Application and scope. The provisions of this title shall apply to all new construction, relocated buildings, and to any alterations, repairs or reconstruction, except as otherwise provided for ^*Qa�� in this title. SECTION 3. FWRC 13.05.060 is hereby amended to read as follows: 13.05.060 Appeals. (1) General. Appeals of orders decisions ar determinations made bv the building official relative to the application and interpretation of this code shall be made to the hearings examiner bv filing a written notice of appeal with the citv clerk within 14 calendar days from the date of such order decision or determination specifving what issue is bein� appealed. The appeal must be accompanied by cash or a check payable to the city of Federal Wav, in the amount of $100.00 which is refundable in the event the a�pellant prevails on the appeal. (2) Effect of appeal. The timely filing of an appeal in com�liance with this section shall stay the requirement for action specified by the order decision or determination that is the subject of the appeal. An appeal does not lift or stav an order to cease activitv. (3) Hearing, �a) Date of hearing. Within 10 days of the clerk's receipt of the appeal, the hearin� examiner shall set a public hearing for a date within 30 days of the clerk's receipt of the appeal. �b) Notice of hearing. The notice shall contain the followin� (i1 A brief description of the matter bein� appealed. (ii) A statement of the scope of the a�peal, including a summary of the errors alleged and the findings and/or le�al conclusions disputed in the appeal. (iii) The date, time and place of the hearin� on the appeal. (iv) A statement of who ma�participate in the appeal. �v) A statement of how to participate in the appeal. �c) Distribution. The clerk shall cause a notice of the a�eal hearing to be mailed to the appellant. (d) Participation in the appeal. The citv and the a�ellant mav participate as parties in Ordinance No. 10-665 Page 2 of 31 the hearin� and each may call witnesses. �e) Conduct of hearin�. The hearin� examiner shall conduct the hearing on the appeal pursuant to the rules of procedure of the hearin� examiner. (fl Continuation of the hearing. The hearing examiner may continue the hearing. If, during the hearing the hearin� examiner announces the time and place of the next hearing on the matter, no further notice of that hearing need be given. (4) Decision of hearing examiner. (a) Vacation. If the hearin� examiner determines that the appellant has proven bv a preponderance of the evidence the buildin� official's rulin� as stated in the order, decision or determination is in error, the hearing examiner shall vacate the rulin�, and order the appeal fee refunded. (b) Affirmance. If the heari� examiner determines that the appellant has not so proven bv a preponderance of the evidence, the hearin� examiner shall affirm the buildin� official's ruling_ �5) Issuance of decision. The hearing examiner shall issue an oral decision at the time of the hearing unless �ood cause exists to delay the decision. The hearin� examiner shall issue a written decision, includin findin of fact conclusions, and order within 14 da vs of the hearin .g The appellant is required to complv with any decision of the hearing examiner whether oral or written upon issuance. � � � • SECTION 4. FWRC 13.05.070 is hereby amended to read as follows: 13.05.070 Enforcement All violations of this title or the codes adopted under this title are found to be detrimental to the public health, safety, and welfare, and are declared public nuisances. The building official has the authority to adopt rules and regulations to carry out the provisions of this title and has the authority to administer and enforce all rules and regulations of this title. �ra ^^�� °„^'� ^,'°° ° �+�� It is unlawful to violate or fail to comply with any provision, rule or re lgu ation of this title N �r�• ��•�'� ��'° �r r°rt•�'�*���. In addition to any other penalty, a violation of any provision of this title is a civil infraction under FWRC 1.15.110. SECTION 5. FWRC 13.10.010 is hereby repealed in its entirety. � � � • SECTION 6. FWRC 13.10.020 is hereby amended to read as follows: Ordinance No. 10-665 Page 3 of 31 13.10.020 Authority to adopt rules and regulations. . (1) The city shall adopt rules and regulations for the implementation of this title_��g: t�� , , , • „�,o,.o „ oa �,,..,,.�,,,.o ,,,.,,,�a , „���o,�_ 1„,.,.,.,-. .,� 7�TG'D A 1'2D +., l.o ., ,,l;o� ♦!. .,11 D 1 ,,� 1?'� .+ ..:.:t. :........,. �� M\ AT 1 �l, 1, il L. '1 1,1 F,-�,,,1.1;,. ; o..+;�„�_.�,�l1 ,-o „�L,o �;,-o � .,� �..�.. �,.�� �., ....�.. .,� �. �..�.�.� �..� t ,�....�- _==�i._-_------- ------ -- . __ .. --- ---- ---- ..lo � ,- ., ,�.,t,lo ...,�* +., ,. ,��;,�.. .,,�.a 1�.,,,al�n� SECTION 7. FWRC 13.10.030 is hereby amended to read as follows: 13.10.030 Liability. (1) The express intent of the city council is that responsibility for compliance with the provisions of this title � a * �' * �+��„ � ��'�'��'�+�� +^ ° c"°"'�"' `'°"°'"""'°"` rest .,.�.., �., . .,.., exclusively with the permit applicant and their agents. (2) The city council expressly recognizes there are limited public funds available for implementation and enforcement of the provisions of this title ^^a f-+'�° °�+�'�';"'""°^+ ^� �"'° . 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 title are those which, in the judgment of the city council, best protect the overall health, safety and welfare interests of the public. �o,.�;,.� � ., ��,o ,.;+., ,. ,.�-�:,.o,. ��„�,,. �� ,.���.o ,.;�.. ��.o �;,.o a;�.,.;,.. ,.,�o,- _ov..,,,.o� , ---- ,. „�., o,Y, .. ��r� � '_•___'_ � � "_•_•_ ___ _•__ __ _"" _'_"�'_� '___ J _ � __ - v�•aa� vi �ia� va��. �ii� iai� uavuav�� •�w.�v � � �4ti. � a� 4� 4.� .n4ov....rc.o���r pv�..oa..voc. on4nti.�.nti.oa ��v�� �... v. u v� �..� ...� ....�...�. .... .....��-a 1 .»_ . _�.._. , �..__��'__ __"��"__'__ SECTION 8. FWRC 13.10.040 is hereby repealed in its entirety. Ordinance No. 10-665 Page 4 of 31 ��:rT�rr� � . - - .� SECTION 9. FWRC 13.10.050 is hereby repealed in its entirety. � � � .. . - - � - - - SECTION 10. FWRC 13.15.010 is hereby amended to read as follows: 13.15.010 Building codes adopted. The following codes, all as amended, added to, or excepted in this title, 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 51-11 WAC — Washington State Energy Code; and (b) Chapter 51-13 WAC — Washington State Ventilation and Indoor Air Quality Code; and (c) Chapter 51-50 WAC — State Building Code Adoption and Amendment of the �98Fr2009 International Building Code; and (d) Chapter 51-51 WAC — State Building Code Adoption and Amendment of the �2009 International Residential Code; and (2) Appendix Chapters F�� and J of the International Building Code, �AAEr2009 Edition, and Appendix Chapters H and J of the International Residential Code, �99Fr2009 Edition; both published by the International Code Council. SECTION 1 l. FWRC 13.15.020 is hereby amended to read as follows: Ordinance No. 10-665 Page 5 of 31 13.15.020 2009 International Buildin� Code Amendments. - - � . . . . - - � - - . . .• - - - � �� . . � • � . - •� - •� - - . �- ' �- - - - - - - �_ . • �. . - �_ . • �_ . � `- - - �. . �. � • � - - - - � - - � • � - • - � - - - � � � � - - . . . . . - Ordinance No. 10-665 Page 6 of 31 - _ - _ • . � � � • � • . � - - - - _ • . . . • . � - • . . , • . . . • . ��. . . . � ��� •� . �.� � . . _ � � - - . e . • • � ' - _ . . _ Ordinance No. 10-665 Page 7 of 31 . , . The following amendments to the International Building Code adopted in the FWRC are herebv adopted: (1) 101.1 Title is herebv amended to read as follows: These re�ulations shall be known as the Buildin� Code of Citv of Federal Wav, hereinafter referred to as "this code." (2) 101.4.3 Plumbing is herebv amended to read as follows: The provisions of the 2009 Edition of the Uniform Plumbin� Code shall ap,plv to the installation, alteration repair and replacement of plumbing svstems includin_� equipment appliances fixtures, fittin�s and appurtenances and where connected to a water or sewage system and all aspects of a medical �as �stem. Private Sewage Disposal systems shall be approved bv King Countv Department of Health. �,3) 101.4.6 Energv is hereby amended to read as follows: The provisions of the Washin�ton State Energy Code shall apply to all matters governing the design and construction of buildings for energy efficiencv. �4) 105.2 Work exem�t from permit is herebv amended bv the addition of the followin� lan�ua�e: . Exemptions from_permit requirements of this code shall not be deemed to �ant authorization for anv work to be done in an�manner in violation of the provisions of this code or anv other laws or ordinances of this jurisdiction. Permits shall not be required for the following provided the project does not encroach into anv sensitive area including but not limited to wetlands landslide hazard areas, native �rowth protection easements, green belts or their buffers: (5) 105.2 item 1 is herebv amended to read as follows: One-story detached accessory structures used as tool and storage sheds, plavhouses and similar uses, provided the floor area does not exceed 200 square feet (18.58 m2). (6) 105.2 item 6 is hereby amended to read as follows_ 6 Sidewalks drivewa s�and platfortns not more than 30 inches (762 mm) above adiacent �rade or walkin� surface and not over any basement or story below and are not part of an accessible route. (7) 105.2 is herebv amended bv deletion of the following language: (8) 105.3.2 Time limitation of application is herebv amended to read as follows: An a�plication far a permit for an�proposed work shall be deemed to have been abandoned 180 days after the date of filing unless such application has been pursued in �ood faith or a permit has been issued• except that the buildin� 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 writin�• �9) 106.4 is herebv amended by the addition of a new subsection: 106.4.1 Amended Permit. When the size of the building is increased or the scope for which the permit was issued is changed the buildin� official mav amend the building permit. When such fees specified in sections 108 and R108 have been �aid and when changes to the plans and a�lication are approved the buildin� official shall issue an "amended permit " which includes the approved changes as well as the ori ig nal plans and specifications. The issuance of such amended permit shall void the ori ig nal permit. �10) 107.3 Examination of documents is hereby amended bv the addition of the followin� lan�ua�e: Ordinance No. 10-665 Page 8 of 31 The building official shall examine or cause to be examined the accompanyin� submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances. The building official mav require third partv review to insure compliance with this code. The cost of such review shall be borne b���plicant in compliance with the citv's fee schedule. (11) 110.1 Use and occupancv is hereby amended bv the followin e�xception: No building or structure shall be used or occupied and no change in the existing occupancy classification of a buildin� or structure or portion thereof shall be made until the buildin� official has issued a certificate of occu�ancy therefore as provided herein. Issuance of a certificate of occupancv shall not be construed as an a�proval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates presumin t�o give authoritv to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. Exception: Buildings or other projects authorized bv a buildin�permit that do not require a certificate of occupancv 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. (12) 113 Title is herebv amended to read as follows: HEARINGS EXAMINER (13) 1131 General is herebv amended to read as follows: Appeals of orders decisions or determinations made by the buildin�official relative to the application and interpretation of this code shall be made to the hearin�s examiner pursuant to FWRC 13.05.060. �14) ll3.2 Limitations on authoritv is herebyamended to read as follows: An a�plication for a�peal shall be based on a claim that the true intent of this code or the rules l�allv adopted there under have been incorrectly interpreted, the provisions of this code do not full�pplv or an ecLuallYgood or better form of construction is proposed. The hearin�s examiner shall have no authority relative to the interpretation of the administrative provisions of this Code nor shall the hearings examiner be em�owered to waive requirements of this code. (15� 113.3 Qualifications is deleted in its entirety: (16Z 114 Title is herebv amended to read as follows: ORDER TO CEASE ACTNITY �17) 114.1 Authority is herebv amended in its entiret� Orders to cease activitv. Whenever anYwork is bein� done contrarv to the provisions of this Code or other pertinent laws or ordinances implemented throu�h the enforcement of this Code, the building official mav order the work to cease bv issuance of an order to cease activity pursuant to the FWRC 1.15.030. (18) 114.2 Issuance is hereby amended in its entiret� Occupancy violations. Whenever any building or structure or eQUipment therein regulated b�� Code is being used contrary to the provisions of this Code, the buildin� official mav, bv issuance of an order to cease activit�pursuant to FWRC 1.15.030 order such use discontinued and the structure, or portion thereof, vacated. Ordinance No. 10-665 Page 9 of 31 (19) 114.3 Unlawful continuance is hereby amended to read as follows: An�person who shall continue anv work after havin� been served with an to cease activity, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to �enalties as prescribed by law. (20�pter 2 Definitions is hereby amended bv the addition of the following definition: SUBSTANTIAL IMPROVEMENT. An ��re�air reconstruction rehabilitation, addition or im�rovement of a building or structure the cost of which ec�uals or exceeds 50 percent of the assessed value of the structure before the improvement or repair is started. Exceptions• 1 Anv project for improvement of a building.required to correct existing health sanitary or safety code violations identified by the buildin� official and that are the minimum necessarv to assure safe living conditions. 2. Any alteration of a historic structure provided that the alteration will not preclude the structure's continued desiQnation as a historic structure. �21) 312.1 General is herebv amended by addition of the following lan�ua�e: Buildings and structures of an accessorv character and miscellaneous structures not classified in anv specific occupancv shall be constructed equi�ped and maintained to conform to the requirements of this code commensurate with the fire and life hazard incidental to their occupancy. Group U shall include but not be limited to, the followin�: Agricultural buildin�s Aircraft hangars accessorv to a one- or two-familv residence (see Section 412.5) Barns Carports Fences more than 6 feet (1829 mm�i� Grain silos, accessory to a residential occupancy Greenhouses commercial Greenhouses retail Livestock shelters Private gara�es Retainin� Sheds Stables Tanks Towers (22) 403.4.7.2 Standb�power loads is herebv amended to read as follows: The followin� are classified as standb�power loads: 1 Power and li ting for mechanical equipment rooms and the fire command center required bv Section 403.4.5; 2 Ventilation and automatic fire detection equipment for smoke proof enclosures; 3. Smoke control s st� 4 A selected car in each bank of elevators. A bank is a group of elevators or a sin�le elevator controlled by a common operating system. All elevators that Ordinance No. 10-665 Page 10 of 31 res�ond to a sin�le call button constitute a bank of elevators. All elevators shall be transferable to emergency power. (23) 403 5 3 Stairway door operation is hereby amended by the addition of the following lan��e�. Stairway doors other than the exit discharge doors shall be permitted to be locked from the stairwav side. Stairwa doors that are locked from the stairwav side shall be capable of being unlocked simultaneouslv without unlatching upon a signal from the fire command center. Selected doors shall automatically unlock in accordance with approved fire alarm�lan. �24) 403.5.3.1 Stairwav communication system is herebv amended to read as follows: A telephone or other two-way communications system connected to an approved constantiv attended station shall be provided at each floor in every stairwav where the doors to the stairwav are locked. (25) 403.5.6 Emergenc�pe and rescue is herebv amended in its entirety: Emergenc uperational plan• Prior to issuance of a Certificate of Occupancy the owner/occupant of the building shall assign a res�onsible person as the buildin�'s fire safety director to work with the citv's buildin� official and fire marshal in establishin_g an operational plan for the buildin�. The operational plan shall contain the guideline procedures to be followed and the res�onsibilities of the fire department building emplovees and tenants under emer�ency conditions including special provisions for persons with disabilities. The plan shall also include procedures for operation maintenance and testing of the life safety sXstems and the allowable use and occupancy of each portion of the buildin� One co�y of the operational plan shall be filed with the fire marshal and one shall be posted in the central control station prior to Certificate of Occupancv. �26) 403.6.1 Fire service access elevator is hereby amended to read as follows: In buildin�s with an occupied floor more than 75 feet (36 576 mm) above the lowest level of fire department vehicle access a minimum of one fire service access elevator shall be provided in accordance with Section 3007. (27) 1008.1.9.3 Locks and latches sub section 2.1 is hereby deleted in its entiret� (28) 1805.4.2 Foundation drain is hereby amended in its entirety: Drainage provisions shall be made for the control and draina�e of surface water around buildings Adequate provisions shall be made to ensure that underfloor spaces remain free of running or standin� water As a minimum such drains shall be installed around the perimeter of the building at the footin�s. Additional drains ma�e re�uired in the underfloor space. The drain�pes shall be of sufficient size to adequatelv convev water to an approved location, but shall not be less than four inches in diameter. Provisions shall be made to prevent the draina�e svstem from becoming blocked with soil. (29) 1805.4.3 Drainage discharge is hereb� amended to read as follows: The floor base and foundation perimeter drain shall discharge b�gravity or mechanical means into an approved draina e�svstem. �30) 1805.4.3 Exception is herebv amended in its entiret� The building official mav waive the provisions of this section when soils appear to adequately drain the site and no water will stand or run under the buildin�. Ordinance No. 10-665 Page I1 of 31 �31) 3007 Fire Service Access Elevator is hereby amended bv the addition of the followin� subsection: 3007.8 Emergencv recall The fire command center or an alternative location approved by the fire department shall be provided with the means to manually initiate a Phase I Emergencv Recall of the fire service access elevators in accordance with ASME A17.1/CSA B44. �32) 3107.1 General is herebv amended to read as follows: Signs shall be desi�ned constructed and maintained in accordance FWRC Chapter 19.140. (33) Clearing and grading activities shall be reviewed under Chapter 19.120 FWRC, Clearin�, Grading and 'Free and Vegetation Retention as well as Ap�endix Chapter J of the International Building Code. All clearing and r���provals are subiect to the provisions of FWRC Title 16 (surface and stormwater mana eg ment, and Chapter 19.142 FWRC, Flood Damage Prevention. SECTION 12. Chapter 13.15 of the FWRC is hereby amended to add a new section 13.15.030 to read as follows: 13.15.030 2009 International Residential Code Amendments The followin� amendments to the International Residential Code adopted in the FWRC are herebv adopted: �1) R101.1 Title is herebv amended to read as follows_ These provisions shall be known as the Residential Code for One- and Two-familv Dwellings of The Citv of Federal Way and shall be cited as such and will be referred to herein as "this code." (2) R103 is hereby deleted in its entirety_ (3) R105.2 Work exempt from permit is hereby amended bv the addition of an exception to read as follows: Exception: Anv work in anv critical area includin� but not limited to wetlands, streams landslide hazard and their buffers is not exem�t from permits. (4) Section R105.2 is hereby amended bv deletion of the following lan�ua�e�. (5) R105.3.1 Action on application is herebv amended bv the addition of the followin� lan u�a�e: The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the a�plication or the construction documents do not conform to the requirements of pertinent laws, the buildin� official shall reiect such application in writin sg tatin� the reasons therefore. �When the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances ��licable thereto the building official shall issue a permit therefore as soon as practicable. The building official may require third_partyreview to insure com�liance with this code. The cost of such review shall be borne bv the a�plicant in com�liance with the citv's fee schedule. (6) Section R105.3.2 Time limitation of application is herebv amended to read as follows: An a�plication for a permit for an�proposed work shall be deemed to have been abandoned 180 days after the date of filing unless such a�plication has been pursued in good faith or a permit has been issued• except that the building official is authorized to �rant one or more extensions of time for additional periods not exceedin lg 80 days each. The extension shall be requested in Ordinance No. 10-665 Page 12 of 31 WI'1t1T1�• (7) R106 3 1 A�proval of construction documents is hereby amended to read as follows: When the building official issues a permit the construction documents shall be approved in writin� or by a stamp One set of construction documents so reviewed and stamped Approved, File Copv shall be retained by the buildin� official The other set stam�ed Approved Site Copv shall be returned to the �plicant shall be ke�t at the site of wark at all times and shall be open to inspection by the building official or his or her authorized representative Failure to�roduce the Site Copv of the plans at time of inspection mav result in a failed inspection. (8) R106 4 Amended construction documents is herebv amended by the addition of a new subsection. 106 4 1 Amended Permit. When the size of the buildin� is increased or the scope for which the permit was issued is changed the building official mav amend the building permit. When such fees specified in sections 108 and R108 have been paid and when chan�es to the plans and application are a�proved the buildin� official shall issue an "amended permit," which includes the approved changes as well as the origina�lans and specifications. The issuance of such amended ,permit shall void the original permit. (9) R110 1 Use and occupancy is hereby amended bYthe addition of the followin� exceution: No building or structure shall be used or occupied and no chan�e in the existin� occupancv classification of a building or structure or �ortion thereof shall be made until the buildin� official has issued a certificate of occupancy therefare as provided herein. Issuance of a certificate of occupancv shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Certificates �resuming to authoritv to violate or cancel the provisions of this code or other ordinances of the �urisdiction shall not be valid. Exception• Buildin�s or other projects authorized bv a building permit that do not require a certificate of occupancy in order to be occupied shall not be occupied until such �ermit has written final approval from the buildin� inspector as authorized by the building official. (10) Rl 12 Board of appeals title is herebv amended to read as follows: SECTION Rl 12 HEARINGS EXAMINER (11� R112.1 General is hereby amended to read as follows_ Appeals of orders decisions or determinations made bv the buildin� official relative to the ap�lication and interpretation of this code except orders rulings or decisions pertaining to enforcement of this Code shall be made to the hearin�s examiner �ursuant to FWRC 13.05.060. �12) Rl 12.2 Limitations on authority is herebv amended to read as follows: An application for appeal shall be based on a claim that the true intent of this code or the rules le a�llv adopted there under have been incorrectl�interpreted the provisions of this code do not fullv applv or an equallv �ood or better form of construction is proposed. The �hearings examiner shall have no authority relative to the interpretation of the administrative provisions of this Code nor shall the hearin�s examiner be empowered to waive requirements of this code. �13) R112 2 1 Determination of substantial improvement in areas prone to flooding is herebv amended to read as follows: Ordinance No. 10-665 Page 13 of 3] When the building official provides a findin�required in Section R105.3.1.1 hearing,s examiner shall determine whether the value of the �roposed wark constitutes a substantial improvement. A substantial improvement means a� re�air reconstruction, rehabilitation, addition or improvement of a building or structure the cost of which equals or exceeds 50 percent of the market value of the buildin� or structure before the im�rovement or repair is started. If the building or structure has sustained substantial dama eg all repairs are considered substantial im�rovement regardless of the actual repair work performed The term does not include: (14) R112.2.2 is deleted in its entiret� �15) R112.3 Qualifications is deleted in its entiretv: (16) R114 STOP WORK ORDER title is herebv amended to read as follows: CEASE ACTIVITY ORDER �17) Rl 14.1 Authoritv is herebv amended in its entiret� Orders to cease activity. Whenever any work is bein� done contrarv to the provisions of this Code or other pertinent laws or ordinances implemented through the enforcement of this Code, the building official ma v order the work to cease bv issuance of an order to cease activitv pursuant to the FWRC 1.15.030. �(18) R114.3 Unlawful continuance is hereby amended to read as follows: Anyperson who shall continue anv work after havin�been served with an order to cease activity, except such work as that person is directed to perform to remove a violation or unsafe condition, �19) R405.1 Concrete or masonrv foundations is amended in its entiret� Drainag,e provisions shall be made for the control and drainage of surface water around buildings. Adequate provisions shall be made to ensure that underfloor spaces remain free of running�or standin� 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 not be less than four inches in diameter. Provisions shall be made to prevent the draina�e svstem from becomin� blocked with soil. The floor base and foundation perimeter drain shall discharge b� r�v or mechanical means into an a�proved draina�vstem. Exception: The buildin� 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 buildin�. �20) Chapters 27 28 29 30 31 and 32 33 34 35 36 37 38, 39, and 40, are deleted in their entiret . SECTION 13. FWRC 13.20.010 is hereby amended to read as follows: Ordinance No. 10 Page 14 of 31 shall be subject to penalties as prescribed bv law. �19) TABLE R301.2 (1) is amended bv the addition of the following information: 13.20.010 Purpose — General The purpose of this chapter is to authorize the construction of five-story Type VA buildings as an approved alternate design and construction method under Section 104.�11 of the �99Fr2009 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 Type VA building. SECTION 14. FWRC 13.20.020 is hereby amended to read as follows: 13.20.020 Construction. (1) International Building Code requirements. Five-story Type VA buildings must comply with all requirements of the International Building Code, except as modified or supplemented by this chapter. In the event of a conflict between the International Building Code and the provisions of this chapter, the provisions of this chapter shall control. References in this chapter to building construction "types" (e.g., Type I or Type VA) shall have the same meaning as set forth in the International Building Code. (2) Lowest story construction requirements. The lowest story in a five-story Type VA building shall be constructed of Type VA fire-resistive construction, except that all structural frame and load bearing elements must consist of approved, two-hour fire-resistive construction. (3) Upper four stories. The upper four stories of a five-story Type VA building shall be constructed of at least Type VA fire-resistive construction. (4) Use of Type VA above Type I construction. Where Type VA stories are constructed over Type I construction, the Type VA 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 509.2 of the �2009 Edition. SECTION 15. FWRC 13.20.030 is hereby amended to read as follows: 13.20.030 Occupancy. (1) Occupancy of five-story Type VA buildings shall be allowed as provided in Table 503, International Building Code, �AAFr2009 Edition, except that B, M, and R-1 occupancies shall be allowed on any floor. (2) "Occupancy" shall have the same meaning as set forth in the �9AF-2009 Edition of the International Building Code. SECTION 16. FWRC 13.20.040 is hereby amended to read as follows: 13.20.040 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 �AAFr2009 Edition of the International Building Code. Elevators shall be enclosed in shafts with the same fire-resistive Ordinance No. 10-665 Page 15 of 31 requirements as stair enclosures set forth above. Elevator hoistways shall be ventilated in accordance with Sections 3004.�-1 through 3004.�3of the �9AFr2009 Edition of the International Building Code. SECTION 17. FWRC 13.20.050 is hereby amended to read as follows: 13.20.050 Fire detection and protection. (1) Five-story Type VA buildings shall be protected throughout by an automatic fire sprinkler system complying with the International Building Code and International Fire Code as detailed in the Standard known as NFPA 13, as set forth and contained in the �88Fr2009 Editions of the International Building and Fire Codes, 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 FWRC 13.20.020. Automatic fire sprinklers may not be used to increase the number of stories; no more than five stories of Type VA construction may be permitted. (2) All stair enclosures and elevator shafts shall be pressurized as set forth in the �89�-2009 Edition of the International Building Code Sections "'�''.�^.��t�e�'�8,'�-4�5909.20, as presently constituted or as may be subsequently amended. In addition, a class I standpipe system as required by 2009 International Building Code Section 905 and the Standard known as NFPA 14, as presently constituted or as may be subsequently amended, shall be installed. (3) A standby power-generator set shall be provided on the premises in accordance with the �99C-2009 International Building Code Section 403.�&4 and the �89�2008 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, elevator shaft pressurization, and elevators. (4) A monitored manual and automatic fire detection system, subject to the approval of the fire 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. SECTION 18. FWRC 13.20.060 is hereby amended to read as follows: 13.20.060 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 �88Fr2009 International Building Code as presently constituted or hereafter amended. , Buildings constructed under this chapter shall also be subject to the requirements of Section 403 pertaining to high-rise buildings, as applicable. SECTION 19. FWRC 13.20.070 is hereby amended to read as follows: Ordinance No. 10-665 Page 16 of 31 13.20.070 Basic allowable floor area. The basic allowable area of floors of five-story Type VA buildings shall be as allowed in Table 503 and Section 506 of the International Building Code, �AAFr2009 Edition, as presently constituted or as may be subsequently amended. For the purpose of this chapter only, the total allowable area as calculated subject to the above-referenced table and sections may be increased by 25 percent. SECTION 20. FWRC 13.20.090 is hereby amended to read as follows: 13.20.090 Construction inspection. The following shall be required for buildings designed and constructed pursuant to this section: (1) Structural observation provided by the engineer of record for structural frame elements; (2) Special inspections as required in the �2009 International Building Code; (3) All other inspections shall be in strict accordance with other applicable codes; and (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. SECTION 21. FWRC 13.25.030 is hereby amended to read as follows: 13.25.030 Plumbing Code adopted. The following codes, all as amended, added to, or excepted in this title, 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: (a) Chapter 51-56 — State Building Code Adoption and Amendment of the �88€r2009 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 �AA€r2009Edition of the Uniform Plumbing Code Standards. (2) The �2009 Uniform Plumbing Code; 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. SECTION 22. FWRC 13.25.040 is hereby amended to read as follows: 13.25.040 2009 Amendments. i» TT '4' Dl b.' ('' a r�, � � �a�.,� ,- c,,,.,.�., .,,,,t r�;..+,-:�.,,+; n,,.,o�aoa rt,.,r�o,- cr-�ccc 9"' ,......... ...... > > ixu vr-Scviivrr. Ordinance No. 10-665 Page 17 of 31 • - � - - _ � - -. .• . . .• . �� . _ . , , � . . � _ � , ����r.r��r�.A . . . - - . �. . _ . � � _ - � � - - - r'c�Q2E�6xS—ln4 � i n4 � a� n4 n�t,_� i, i n4 �,.,a +�,o �_o �,.t�oa,�to �o� �... .o�„�„+;,,,, ,,,,a f f .,. .� � .... . ..� .,. � ., � � - � - � > > > > �� !A\ Qo..4;..,, 1 !1Z R A ; „�o.a ; ;*., o„*;,-o+.. ��, ron.a �n � 11.,...�• ...,.�.., .......�. . .., ....,°......... . ... .... ....... .� .., ..,.,.... »., _..__., ..... � oa > > > . � � l�. a' .a F�;+l, ,. ,-.,.'t 1�.,� L.00,� ; o.a. o ,�,t tlz +�1� 1.,,;/.7;,�.. ,�f'�,.:.,1 ; Y b Y � � �Y a . • � „ ��vx�m' + ziicr. The followin� amendments to the provisions of the plumbin�code adopted in FWRC 13.25.030 are herebv adopted: (1) Chapter 6 of the Uniform Plumbin�Code is hereby amended bv the addition of a new section: Section 612 Ado�tion of state ree�ulations Rules and regulations of the state board of health regarding�ublic water supplies entitled "Cross Connection Control Re� in Washin�ton State" WAC 248-54-250 throu 248-54-500 and the American Water Works Association, Pacific Northwest Section's Second Edition of "Acce�ted Procedure and Practice in Cross- Connection manual" as they_presentiv exist and as theymav from time to time, be amended in Ordinance No. 10-665 Page 18 of 31 the future are hereb ��pted bv this reference as if set forth in full. �2) 103 3 3 Validitv of Permit is hereby amended bv the addition of a new subsection: 103 3 3 1 Amended Permit When the scope of the proiect for which the permit was issued is changed the building official may amend the buildingpermit. When such fees snecified in sections 103 4 have been paid and when changes to the plans and a,pplication are approved the building official shall issue an "amended permit " which includes the approved chan�es as well as the ori i�plans and specifications The issuance of such amended permit shall void the ori ig nal permit. (3) Section 103.3.4 Expiration is hereby amended to read as follows: Ever�permit issued by the Authoritv Havin� Jurisdiction under the provisions of this code shall expire bv limitation and become null and void if the work authorized by such permit is not commenced within one hundred and eight�(180) davs from the date of such permit, ar if the work authorized bv suchpermit is suspended or abandoned at anv time after the work is commenced for a period of one hundred and eighty (180) davs. Before such work can be recommenced a new permit shall first be obtained to do so and the fee therefore shall be one- half ('/2) the amount required for a new permit for such work �rovided no changes have been made or will be made in the ori ig nal plans and specifications for such work and provided further that such suspension or abatement has not exceeded one (1) �ar. An�permittee holding an unexpiredpermit shall be allowed to apply for an extension of the time within which work shall be permitted to commence under the �ermit when the permittee is unable to commence work within the time rec�uired bv this section. The Authoritv Having Jurisdiction shall be permitted to extend the time for action one or more times bv the permittee for a period not exceedin one hundred and eightv (180�da�pon written request bv the permittee In order to renew action on a permit after expiration where such suspension or abatement has exceeded one (1 year the permittee shall�av a new full permit fee. �4) Section 103.4.1 Permit Fees is herebv amended to read as follows: Fees shall be accessed in accordance with the �provisions of the Citv of Federal Wav fee schedule. (5) 103.4.2 Plan Review Fees is hereby amended to read as follows: When a plan or other data is required to be submitted by Section 103.2.2 a plan review fee shall be paid at the time of submittin� plans and specifications for review. The plan review fee shall be as set forth in the Citv of Federal Way fee schedule. . �6) Section 103.4.3 Expiration of Plan Review is amended in its entirety: An a�plication for a permit for an�proposed work shall be deemed to have been abandoned 180 davs after the date of filing unless such ap�lication has been pursued in good faith or a permit has been issued• except that the building official is authorized to �rant one or more extensions of time for additional periods not exceeding 180 days each. The extension shall be requested in writin� A new complete permit ap,plication 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. SECTION 23. FWRC 13.25.050 is hereby repealed in its entirety. Ordinance No. 10-665 Page 19 of 31 � �.o ;,,��.,iioa � SECTION 24. FWRC 13.30.010 is hereby amended to read as follows: 13.30.010 Code adopted. The following codes, all as amended, added to, or excepted in this title, together with all amendments and additions provided in this title, are adopted and shall be applicable within the city: (1) Chapter 51-52 WAC — State Building Code Adoption and Amendment of the �A8Fr2009 Edition of the International Mechanical Code and of the �AA�- Edition of the International Fuel Gas Code. SECTION 25. FWRC 13.30.020 is hereby amended to read as follows. 13.30.020 Amendments. - - - � .. . •- - �- . •� - _ � . ._ , _ . ._ , • � . ._ . _ •. .. •� - Ordinance No. 10-665 Page 20 of 31 I � � � � � • � • � • / � • � - - � . . . � '.� F*L, ♦ .. o.a ...l,o„ 41,0 , .,14n noo.a� C!1 . .,14� The following amendments to the mechanical code adopted in FWRC 13.30.010 are hereby ado�ted: �1) Chapter 2 Definitions is hereby amended to read in part as follows: CODE OFFICIAL. Shall mean the Buildin� Official. (2) 101.1 Title is hereby amended to read as follows These re�ulations shall be known as the Mechanical Code of the City of Federal Wav, hereinafter referred to as "this code." (3) 103 is hereby deleted in its entiretv �4) 104.6 Notices and orders is herebv amended to read as follows: Notices and Orders shall be issued in compliance with FWRC 1.15.040 �5) 106.3.3 Time limitation of application is hereb�amended to read as follows: An a�plication for a permit for anypro�osed wark shall be deemed to have been abandoned 180 davs after the date of filing unless such a�plication has been pursued in good faith or a permit has been issued except that the buildin� official shall have the authoritv to grant one or more extensions of time for additional periods not exceedin� 180 days each. The extension shall be requested in writin� A new complete permit application and full fees must be submitted to restart the review process on anv expired a�lication that cannot be extended. The new application date is the date of the new submittal. (6) 106 4 1 A�proved construction documents is herebv amended bv the addition of a new subsection: 106.4.1.1 Amended Permit. When the scope of work for which the pertnit was issued is changed the building official mav amend the building permit. When such fees specified in sections 108 have been paid and when chan�es to the plans and ap�lication are approved the building official shall issue an "amended permit " which includes the approved chan�es as well as the ori ig�nal plans and specifications The issuance of such amended permit shall void the ori i�permit. (7)106.3.2 Preliminarv inspection is herebv amended to read as follows: Before a permit is issued the buildin� official is authorized to inspect and evaluate the svstems, equipment buildings devices premises and spaces or areas to be used. The building�official mav require third party review to insure compliance with this code. The cost of such review shall be borne bv the applicant in compliance with the city's fee schedule. �8) 106.4.3 Expiration is hereby amended in its entirety: Ever�permit issued shall become invalid unless the work on the site authorized by such permit is Orclinance No. 10-665 Page 21 of 31 commenced within 180 days after issuance or if the work authorized on the site bv 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 writin� one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. (9) 106.5.2 Fee schedule is herebv amended to read as follows: The fees for mechanical work shall be accessed in accordance with the provisions of the City of Federal Wav Fee Schedule (10) 106.5.3 Fee refunds is herebv amended in its entiret� Fees shall be refunded in accordance with the City of Federal Way Fee Schedule. (11) 108.3 Prosecution of violation is herebv amended to read as follows: If the notice of violation is not complied with�romptiv the building official shall take action as prescribed in Article I of the FWRC. � 2) 108.4 Violation penalties is herebv amended to read as follows: Persons who shall violate a provision of this code or shall fail to complv with anv of the requirements thereof or who shall erect install alter or re�air mechanical work in violation of the ap�roved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code shall be subiect to the provisions of Article I of the FWRC. (13) 108.5 Stop work orders is herebv amended in its entirety: Orders to cease activitv. Whenever any wark is bein� done contrarv to the provisions of this Code or other pertinent laws or ordinances implemented throu�h the enforcement of this Code, the building official mav order the work to cease bv issuance of an order to cease activity pursuant to the FWRC 1.15.030. �14) 108.6 Abatement of violation is herebv amended to read as follows: The imposition be as prescribed in Article I of the FWRC. An�person who shall continue any work after havin� been served with an order to cease activity, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be sub�ect to penalties as prescribed b (15) 108.7 Unsafe mechanical systems is hereby amended to read as follows: A mechanical system that is unsafe constitutes a fire or health hazard, or is otherwise dan e�rous to human life as regulated bv this code is hereby declared as an unsafe mechanical svstem. Use of a mechanical system regulated bv this code constitutin� a hazard to health, safetv or welfare bv reason of inadequate maintenance dilapidation fire hazard, disaster, damage or abandonment is hereby declared an unsafe use. Such unsafe equipment and appliances are hereby declared to be a nuisance and shall be abated b�pair rehabilitation demolition or removal in accordance with Article I of the FWRC. �16) 108.7.1 Authority to condemn mechanical systems is hereby amended to read as follows: Whenever the buildin� official determines that any mechanical system, or portion thereof, re�ulated by this code has become hazardous to life health, property, or has become insanitary, the building official mav issue an order to cease activitv. The cease activitv notice shall be issued pursuant to Section 1.15.030 of the FWRC. A person shall not use or maintain a defective Ordinance No. 10-665 Page 22 of 31 mechanical svstem after receivin� such notice. When such mechanical system is to be disconnected written notice as prescribed in Article I of the FWRC shall be �iven. In cases of immediate dan�er to life or property such disconnection shall be made immediatelv without such notice. �17) 109.1 A�plication for a�peal is hereby amended to read as follows: Appeals of decisions or determinations made bv the building official relative to the application and interpretation of this code shall be made to the hearings examiner pursuant to FWRC 13.05.060 (18) 109.1.1 Limitation of authority is hereby amended to read as follows: The hearings examiner shall have no authority relative to interpretation of the administration of this code nor shall such hearin�s examiner be empowered to waive requirements of this code. �19) 109.2 Membership of board is herebv deleted in its entiret� �20) 109.2.1 Qualifications is herebv deleted in its entiret� (21) 109.2.2 Alternate members is hereby deleted in its entiret� (22� 109.2.3 Chairman is hereby deleted in its entirety_ �23) 109.2.4 Disqualification of inember is herebv deleted in its entirety: �24) 109.2.5 Secretarv is herebv deleted in its entirety; �25) 109.2.6 Compensation of inembers is hereby deleted in its entiretx (26) 109.3 Notice of ineetin� is herebv deleted in its entiret� (27) 109.4 Open hearing is hereby deleted in its entiret� (28) 109.4.1 Procedure is herebv deleted in its entiretv: (29) 109.5 Postponed hearin� is herebv deleted in its entirety: (30) 1D9.6 Board decision is herebv deleted in its entiret� (31) 109.6.1 Resolution is herebv deleted in its entiret� (32) 109.6.2 Administration is herebv deleted in its entirety: �33) 109.7 Court review is herebv deleted in its entiret� SECTION 26. FWRC 13.35.010 is hereby amended to read as follows: 13.35.010 Code adopted. The following code is adopted as amended, added to, or excepted in this title, and shall be applicable within the city. Where this code is in conflict with one or more of the citv's adopted re�ulations, the more restrictive lan uage shall applv: (1) �89F�-2009 Edition of the International Property Maintenance Code, , �nz zn� �n4 .,,,a cn� ., o ,,,,+ ,,,�,,,-.�oa ��> > > • SECTION 27. FWRC 13.35.030 is hereby repealed in its entirety. � � � „, - - - � . . . . • Ordinance No. 10-665 Page 23 of 31 . „_ . • - - • - . . ._ ._ . . . - � - . . - - � - � �. � _ _ _ • .. . _ . . . - �• „ - - . . . .• . .. ._ . . - - • .• . - . Ordinance No. 10-665 Page 24 of 31 � .• � � � �• . - � - - •• . . .• - - - • - � � �• . ■_ _ . - . _ \ - ♦ � � ♦ �� � � � • ! � � • • � ♦ � 1\ � �! ! _ i � � � ' - ' � � � ♦ ' � - - - � - � _ ' 9 . � , _ , � � i � � ' • � ' � � ' 1 • . � 1 . • Ordinance No. 10-665 Page 25 of 31 13.35.020 to read as follows: 13.35.020 Amendments International Propertv Maintenance Code The following amendments to the Code adopted in FWRC 13.35.010 are herebv adopted: �,l) 101.1 Title is hereby amended to read as follow: These regulations shall be known as the International Propertv Maintenance Code of Citv of Federal Wav, hereinafter referred to as "this code." (2) 102.3 Application of other codes is herebv amended to read as follows: Repairs additions or alterations to a structure or changes of occupancy , shall be done in accordance with the procedures and provisions of the International Building Code, International Residential Code International Fuel Gas Code International Mechanical Code, Uniform Plumbing Code National Electrical Code Washington State Ener�v Code and the Washin�ton State Ventilation and Indoor Air Quality Code. Nothin� in this code shall be construed to cancel, modify or set aside an�provision of the Federal Way Revised Code. �3) SECTION 103 is hereby deleted in its entirety: (4) 106.2 Notice of violation is herebv amended to read as follows; The code official shall serve a notice of violation or order in accordance with Article I of the Federal Wav Revised Code (FWRCZ (5) 106.3 Prosecution of violation is hereby deleted in its entirety; �6) 106.4 Violation penalties is hereby deleted in its entiret� (7) 106.5 Abatement of violation is hereby deleted in its entiretv: �8) 107.1 Notice to person responsible is herebv amended to read as follows: Whenever the code official determines that there has been a violation of this code or has or� to believe that a violation has occurred notice shall be given in the manner prescribed in Sections 1.15.040 of the FWRC. (9) 107.2 Form is herebv deleted in its entire�: (10) 107.3 Method of service is hereby deleted in its entiret� (11) 107.5 Penalties is hereby deleted: �12) SECTION 111 title is herebv amended to read as follows: HEARINGS EXAMINER (13) 111.1 General Ap of orders, decisions or determinations made by the buildin� official relative to the application and inter�retation of this code shall be made to the hearin�s examiner pursuant to FWRC 13.05.060. � 14) 111.2 Limitations on authorit� An a�plication for appeal shall be based on a claim that the true intent of this code or the rules legallv adopted there under have been incorrectl iy nter�reted, the provisions of this code do not fullv a�plv. The hearin�s examiner shall have no authoritv relative to the interpretation of the administrative provisions of this Code nor shall the hearings examiner be empowered to waive any requirements of this code. �,15) SECTION 112 title is herebv amended to read as follows: ORDER TO CEASE ACTNITY (16) 112.1 Authorit� Orclinance No. 10-665 Page 26 of 31 Orders to cease activity. Whenever anv work is being done contrary to the provisions of this Code, or other pertinent laws or ordinances implemented throu�h 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 FWRC 1.15.030. (17) 112.2 Issuance. Occu�ancy violations. Whenever anv building or structure or equipment therein re�ulated bv this Code is bein� used contrary to the provisions of this Code, the buildin� official mav, by issuance of an order to cease activity_pursuant to FWRC 1.15.030, order such use discontinued and the structure, or portion thereof, vacated. (18) 112.3 Unlawful continuance. Anv person who shall continue anv work after havin� been served with an order to cease activity, exce�t such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed bv law. (19) 202 Definitions is hereby amended to read in part: CODE OFFICIAL. Shall mean the Building Official. SECTION 29. FWRC 13.45.070 is hereby amended to read as follows: 13.45.070 Deposits — Insurance. An application for a permit under this chapter 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 �����director of public works 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 ' director of public works 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 �'a� ������'directar of public works determines necessary conditioned upon the, 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 chapter, the building code, the zoning ordinance, and the other ordinances then in effect within the city, including but not limited to permitee completing such work within six months to the date of the issuance of such permit. 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 chapter. SECTION 30. FWRC 13.55.020 is hereby amended to read as follows: Ordinance No. 10-665 Page 27 of 31 13.55.020 Fire code adopted. The following code, as amended, added to, or excepted in this title, together with all amendments and additions provided in this title, is 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 20069 Edition of the International Fire Code, including Appendices B, C, E, �F, I and J. State amendments to Sections 308.3.4, 308.3.5, 308.3.7, 503.1 through 503.4, 903.2.10.3 and 3006.4 are not adopted for any buildings. SECTION 31. FWRC 13.55.030 is hereby amended to read as follows: 13.55.030 Amendments. The following amendments to the fire code adopted in FWRC 13.55.020 are hereby adopted: (1) Section 101.1 Title. These re�ulations shall be known as the Fire Code of the City of Federal Way hereinafter referred to as "this code." (-�2) Section 307,1.1 is amended to read as follows: Prohibited open burning. Open burning within the city limits shall be prohibited. (3) Section 510.2 Radio signal strength is herebv amended to read as follows: The building shall be considered to have acceptable emer e�ncv responder radio covera eg when si�nal strength measurements in 95 percent of all areas on each floor of the buildin� and all areas of all elevators meet the signal strength requirements of Sections 510.2.1 and 510.2.2. (�4) Section 906.1 exception to item 1 is deleted in its entirety. �5) Section 914.3.1 Automatic sprinkler sYStem is herebv amended by the deletion of number 1 to the exception: Buildings and structures shall be equipped throu�hout with an automatic sprinkler svstem in accordance with Section 903.3.1.1 and a secondary water supplv where required by Section 903.3.5.2. Exception: An automatic sprinkler svstem shall not be required in spaces or areas of: 2. Telecommunications equipment buildings used exclusivelv for telecommunications �uipment, associated electrical power distribution e�uipment, batteries and standbv en ines provided that those spaces or areas are equipped throu�hout with an automatic fire detection system in accordance with Section 907.2 and are separated from the remainder of the buildin�v not less than 1-hour fire barriers constructed in accordance with Section 707 of the International Building Code or not less than 2-hour horizontal assemblies constructed in accordance with Section 712 of the International Building Code , or both. (�6) Section 1008.1.8.3 item 2.1 is deleted in its entirety. (47) Section 3304.1 is amended in its entirety to read as follows: General. The storage of explosives and blasting agents within the city is prohibited. Exception. The fire chief may issue a special permit for such storage where it appears in his or her judgment there will be no undue danger to persons or property. Ordinance No. 10-665 Page 28 of 31 SECTION 32. FWRC 13.55.040 is hereby amended to read as follows: 13.55.040 Fire alarm system. All occupancies exceeding 3,000 square feet gross floor area shall be required to provide an approved automatic fire �e�alarm system. Fire walls as noted in Section 70�6 of the International Building Code shall not be considered to separate a building to enable deletion of the required fire alarm system. (1) Exceptions: (a) Group U or R, Division 3, occupancies; (2) Occupancies protected throughout by an approved/monitored automatic sprinkler system can delete heat detectors from the system. SECTION 33. FWRC 13.55.050 is hereby amended to read as follows: 13.55.050 Sprinkler installation. Fire sprinkler systems shall be installed: (1) In all Group R, Division 3, occupancies exceeding �,-5983,600 square fee� gross floor area (including attached garages) without adequate fire flow except as cited. (2) In all R-3 occupancies without approved fire department access as defined in Section 503 of the International Fire Code. (3) In all Group R, Division 2, occupancies having three or more levels or containing five or more dwelling units and Group R, Division 1, occupancies having three or more floor levels or containing 10 or more guest rooms. Quick response standard sprinkler heads shall be used in accordance with their approved listing in the dwelling unit and guest room portions of the buildings. For the purposes of this section, condominiums shall be treated as apartments. For the purpose of this section, a"floor level" shall be defined as that portion of a building included between the upper surface of any floor and the surface of the next floor or roof above. Fire walls as noted in Section 70�6 of the International Building Code shall not be considered to separate a building to enable deletion of the required fire sprinkler system. (4) 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 70�6 of the International Building Code shall not be considered to separate a building to enable deletion of the required fire sprinkler system. (5) In all other occupancies requiring 2,000 gallons per minute or more fire flow, or where the total floor area included within the surrounding exterior walls on all floor levels, including basements exceeds 5,000 square feet. Fire walls, as noted in Section 7036 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. (6) In all occupancies where the building is classified as an overwater structure. Section 34. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or Ordinance No. 10-665 Page 29 of 31 phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 35. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 36. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 37. Effective Date. By unanimous consent, the City Council finds that this ordinance is needed for the immediate preservation of public peace, health and safety and is not subject to initiative or referendum. This ordinance shall take effect immediately upon adoption. PASSED by the City Council of the City of Federal Way this 20 day of July , 2010. CITY OF FEDERAL WAY �----- A OR, LINDA OCHMAR Ordinance No. 10-665 Page 30 of 31 ATTEST: � CITY CLERK, CARO MCNEI Y, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: COUNCIL BILL NO. PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: 6/29/2010 543 7/20/2010 7/24/2010 7/20/2010 10-665 Ordinance No. 10-665 Page 31 of 31