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ORD 13-743ORDINANCE NO. 13-743 AN ORDINANCE of the City of Federal Way, Washington, relating to the adoption of the Washington State Building Code and related matters; amending Title 13, "Buildings". (Amending Ordinance Nos.10- 665; 09-630, 09-597, 09-595, 09-594,19-953, 09-590, 07-563, 04-465, Ol- 402, O1-389, 99-342, 98-320, 95-234, 95-232, 93-198, 92-143, 92-127, 90- 56, 90-49, 90-48, 90-34, 90-33) WHEREAS, the Revised Code of Washington ("RCW") mandates enforcement and provides authority to the City of Federal Way Washington to administer and enforce the Washington State Building Code Act (Chapter 19.27 RCW), the Washington State Energy Code (Chapter 19.27-A RCW), Washington State regulations regarding Electricians and Electrical Installations (Chapter 19.28 RCW), Washington State regulations regarding installation and permitting of factory assembled structures (Chapters 43.22 and 43.22-A RCW), the Growth Management Act as it applies to the construction of buildings (RCW36.70A), and related matters within the incorporated boundaries of the City of Federal Way, Washington; and WHEREAS, these Washington State laws include amendments as adopted and included by the State of Washington, and WHEREAS, certain amendments, appendices and other regulations are optional, and where applicable, are enforceable if adopted specifically by the City of Federal Way, and WHEREAS, there is a need to restructure the existing Title 13 of the Federal Way Revised Code ("FWRC") to comply with city standards and improve clarity; and WHEREAS, the potential adverse impacts on the public health, property, safety and welfare of the City and its citizens if this ordinance did not take effect within five days, justify the designation of this ordinance as urgent and necessary for the protection of public health, public Ordinance No. 13-743 Page 1 of l9 safety, public property and/or public peace; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The following Chapters of Title 13 of the FWRC are hereby repealed in their entirety: Chapter 13.05, Buildings in General; Chapter 13.10, Building Regulations Administration; Chapter 13.15, Building Construction Standards; Chapter 13.25, Plumbing Code; Chapter 13.30, Mechanical Code; Chapter 13.35, International Property Maintenance Code; Chapter 13.50, Electrical Code; and Chapter 13.55, Fire Code. Section 2. The Chapters list of Title 13 of the FWRC is hereby amended as follows: Chapters: 13.11 General 13.16 Buildinq Code 13.20 Five-Story Type VA Buildings 13.22 Residential Code 44 7R Dlnmhinr� rwde 13.26 Mechanicai Code 13.31 Fire Code 13.34 Plumbing Code 13.38 Electrical Code 13.40 Swimming Pool Code 13.41 Enerqv Code 13.42 Factorv Assembled Structures 13.43 Propertv Maintenance Code 13.45 Moving Buildings Section 3. Title 13 of the FWRC is hereby amended to add a new chapter to read as follows: Chapter 13.11 GENERAL Sections: 13.11.010 Title. 13.11.020 Definitions. 13.11.040 Liabilitv. Ordinance No. 13-743 Page 2 of 19 13.11.050 Purpose. 13.11.060 Conflicts. 13.11.070 Copies of codes. 13.11.080 Appeals. 13.11.082 Limitations on appeals. 13.11.084 When to appeal and appeal fee. 13.11.086 Contents of notice of appeaL 13.11.088 Notice of the appeal hearinq. 13.11.090 Participation in the appeal. 13.11.092 Scope of appeal. 13.11.094 Record of appeal hearinq. 13.11.096 Decision on the appeaL 13.11.098 Judicial review. 13.11.100 License required. 13.11.110 Enforcement. 13.11.115 Orders to cease activitv. 13.11.120 Abatement of violation. 13.11.010 Title. This chapter shall be known as General. 13.11.020 Definitions. When anv of the following words appear in the codes and requlations adopted by this title, they shall be interpreted as follows: "Administrative authority" shall mean the buildinq official. "Board of appeals" shall mean the hearinq examiner appointed bv the citv. "Buildinq Department" shall mean the Buildinq Division of the Department of Communitv and Economic development. "Chief," °fire chief' or "chief of the bureau of fire prevention" shall mean the fire chief of South Kinq Fire and Rescue. "Citv treasurer" shall mean the director of administration and finance. "Code Official" shall mean the building official. "Corporation counsel" shall mean the citv attornev. "Department of Buildinq Safetv" shall mean the Buildinq Division of the Department of Community and Economic develoqment. "Department of Mechanical Inspection" shall mean the Buildinq Division of the Department of Communitv and Economic development. "Jurisdiction" shall mean the citv of Federal Wa� "Municipalitv" shall mean the city of Federal Wav. 13.11.040 Liabilitv. (1) The exqress intent of the city council is that responsibility for compliance with the provisions of this title shall rest exclusively with the permit applicant and their agents. (2) The city council expressly recoqnizes there are limited public funds available for implementation and enforcement of the provisions of this title. The city council recoqnizes that the level of services these public funds can support must be balanced aaainst the economic impact of the costs for these services. Consequentiv, the funds appropriated for implementation and enforcement of the provisions of tnis title are those which. in the iudqment of the citv council, best protect the overall health, safety and welfare interests of the public. 13.11.050 Purpose. The purpose of this Title is to adopt construction standards as authorized and mandated by Chapters 19.27, 9.27-A, and 19.28 RCW as well as other Washington State Laws requlating construction and the use of buildinps and structures in order to qromote the health, safetv and welfare of the occupants or users of buildings and structures and the�eneral public bv the provision of buildinp codes throuqhout the Ordinance No. 13-743 Page 3 of 19 state. Accordinqly, this chapter is desiqned to effectuate the followinq purposes, oblectives, and standards: (1) To require minimum performance standards and requirements for construction and construction materials, consistent with accepted standards of engineerinp, fire and life safetv. (2) To require standards and requirements in terms of performance and nationallv accepted standards. (3) To permit the use of modern technical methods, devices and improvements. (4) To eliminate restrictive, obsolete, conflictinq, duplicatinq and unnecessarv reaulations and requirements which could unnecessarily increase construction costs or retard the use of new materials and methods of installation or provide unwarranted preferential treatment to tvpes or classes of materials or products or methods of construction. �5) To provide for standards and specifications for making buildinqs and facilities accessible to and usable by physically disabled persons. Codes and requlations adopted in this title are to provide for and promote the health, safetv and welfare of the qeneral public, and not to create or otherwise establish or desiqnate any particular class or qroup of persons who will or should be esqeciallv protected or benefited bv the terms of these codes and regulations. 13.11.060 Conflicts. In case of conflict amonq the codes enumerated in subsections (1), (2), (3), (4) and (5) of this section, the first named code shall govern over those following_ (1) The International'Building Code, published bv the International Code Council, Inc. (2) The International Residential Code, published bv the lnternational Code Council, Inc; (3) The International Mechanical Code, published bv the International Code Council, Inc., exceqt that the standards for liQUified petroleum qas installations shall be NFPA 58 (Storaqe and Handling of Liquified Petroleum Gases) and ANSI Z223.1/NFPA 54 (National Fuel Gas Code); (4) The International Fire Code, qublished bv the International Code Council, Inc., including those standards of the National Fire Protection Association sqecifically referenced in the International Fire Code: PROVIDED, That, nofinrithstandinq any wordinq in this code, participants in reliqious ceremonies shall not be precluded from carrvinq hand-held candles; j5) Except as provided in RCW 1927.170, the Uniform Plumbinp Code and Uniforrn Plumbinq Code Standards, published bv the International Association of Plumbinq and Mechanicat Officials: PROVIDED, That anv provisions of such code affectinq sewers or fuel qas piqing are not adopted; 13.11.070 Couies of codes. The citv shall, at all times, keep on file with the citv clerk for reference by the qeneral public not less than one copv of the codes and requlations, or parts thereof, as are adopted bv this title. 13.11.080 Appeals. A�peals of orders, decisions and determinations of the buildina official that do not constitute enforcement ac#ions shall be heard and decided by the citv of Federal Wav Hearinq Examiner. Enforcement actions shall be brouqht pursuant to the provisions of Title 1 of the FWRC. To the extent the codes adopted by reference in this Title refer to a"board of appeals" or a"buildinq board of appeals," those references shall be deemed to refer to the citv of Federal Wav hearing examiner. An appeal does not lift or stav an order to cease activitv. 13.11.082'Limitations on appeals. An appeal under this chapter shall be based on a claim that the true intent of code or reaulations legally adopted hereunder have been incorrectiv interpreted or applied or that the provisions of this chapter or the technical codes do not applv or that an equall�,qood or better form of construction, method of protection or safety is qroposed. An application for appeal shall be based on a claim that an equallv qood or better form of construction is proposed. The hearing examiner shall no authoritv to waive requirements of code, nor decide issues regarding fees assessed. 13.11.084 When to appeal and appeal fee. An appellant shall file a written appeal of the order, decision or determination of the City of Federal Way buildin4 official within fourteen (14) davs of the date of the decision of the buitdinq official. There shall not Ordinance No. 13-743 Page 4 of 19 be an aqpeal fee for appeals of stop work orders or code enforcement orders. 13.11.086 Contents of notice of appeal. The appeal shall contain a clear reference to the matter beinq appealed and a statement of the specific elements of the buildina official's order, decision or determination disputed by the appellant. 13.11.088 Notice of the appeal hearinq. (a) The buildinq official shall prepare a notice of the appeal hearinp containing the followinc� (1) The file number and a brief description of the matter beinp appealed; (2) A statement of the scope of the appeal including a summarv of the elements of the buildinq official's order, decision or determination that are contested in the appeal; j3) The time and place of the hearinq on appeal before the hearinq examiner; and �4) A statement of who may participate in the appeal. (b) At least fourteen days before the hearinq on the appeal, the buildinq official shall send a copv of the notice of appeal hearing to each person who has appealed the buildinq officiaPs order, decision or determination. 13.11.090 Participation in the appeal. Onlv those parties who have appealed the buildinq official's order, decision or determination mav participate in the appeal. Appellants mav participate in either or both of the followinq_wrays: (1) By submitting written comments or testimony to the hearing examiner prior to the commencement of the hearing; or �2) By appearinq in person, or throuqh a representative, at the hearin4. 13.11.092 Scope of appeal. The appeal will be an open record appeal hearing. The scope of the appeal is limited to the specific elements of the buildinq official's order, decision or determination disputed by the appellant and the hearing examiner shall only consider comments, testimony and arguments on these specific elements. The city and the appellant mav participate as parties in the hearinq and each mav call witnesses. An appeal does not lift or stav an order to cease activity. 13.11.094 Record of appeal hearinq. The city shall make an electronic sound recording of the hearing. 13.11.096 Decision on the appeal. The'Hearing Examiner shall consider all information and material within the scope of the appeal submitted bv persons entitled to participate in the aApeal. Based on the Hearinq Examiner's findinqs and conclusions, the Hearina Examiner may affirm, reverse or modifv the order, decision or determination being appeated. The Hearing Examiner shall issue his or her decision within fifteen (15) davs of the appeal hearinq. Within five (5) business davs after it is issued, the Hearinq Examiner's decision shall be mailed to the applicant and to each qerson who has requested notice of the decision. The decision by the Hearing Examiner is the final decision of the citv. 13.11.098 Judicial review. Anv iudicial appeal of the Hearinq Examiner's decision shall be reviewed in KinQ County Superior Court pursuant to Chapter 36.70C RCW, the Land Use Petition Act ("LUPA"). The iand use petition must be filed within finrentv-one (21) calendar davs of the issuance of the Hearing Examiner's decision. 13.11.100 License repuired. An application for permit may be issued under this section to a properly licensed person or owner in conformance with current state contractor licensinq laws, Chapter 18.27 RCW. 13.11.110 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 buildinq official has the authoritv to Ordinance No. 13-743 Page 5 of 19 adopt rules and regulations to carrv out the provisions of this title and has the authoritv to administer and enforce all rules and requlations of this title. It is unlawful to violate or fail to comply with anv provision, rule or requlation of this title. In addition to any other penaltv a violation of anv provision of this title is a civil infraction under FWRC 1.15.110. 13.11.115 Orders to cease activitv. Whenever anv work is beinq done contrary to the provisions of this code, or other pertinent laws or ordinances implemented throuqh the enforcement of this code, the buildinq official may order the work to cease bv issuance of an order to cease activitv pursuant to the FWRC 1.15.030. 13.11.120 Abatement of violation. The imposition shall be as prescribed in Title 1 of the FWRC. Any person who shall continue anv work after havinq been served with an order to cease activitv, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. Section 4. Title 13 of the FWRC is hereby amended to add a new chapter to read as follows: Chapter 13.16 BUILDING CODE Sections: 13.16.010 Title. 13.16.020 2012 International Buildinq Code adopted. 13.16.030 2012 International Buildinq Code amendments. 13.16.010 Title. This Chapter shall be known as the Citv of Federal Way Buildinq Code. 13.16.020 2012 International Buildinq Code adopted. The 2012 edition of the International 8uildinp Code (IBC), includinq the followinq appendix chapters: (1) Appendix E, published bv the International Code Council (ICC) is herebv adopted bv reference pursuant to RCW19.27 and WAC 51-50. The tnternational Buildinq Code requirements for barrier-free accessibility, Chapter 11 and other IBC requirements for barrier-free access, includinq ICC A117.1-2009 and Appendix E, are adopted pursuant to chapters 70.92 and 19.27 RCW and shall not be amended bv local aovernment. L) Appendix J of the IBC published bv the International Code Council (ICC) is hereby adopted bv reference. 13.16.030 2012 International Buildinp Code amendments. The International Buildinq Code, adopted by reference in FWRC 13.16.020 is amended to read as follows: (1) IBC Section 101.1, Title is herebv amended as follows: These requlations shall be known as the Buildinq Code of City of Federal Way, hereinafter referred to as "this code." (2) IBC Section 101.4.3 Plumbinq is herebv amended as follows: The provisions of the 2012 Edition_of the Uniform Plumbing Code shall ap�lv to the installation, alteration, repair and replacement of plumbinq �stems includinQ equipment appliances fixtures fittinqs and appurtenances, and where connected_to a water or sewage system and all aspects of a medical qas svstem. Private Sewage Disposal svstems shall be approved by King County Department of Health. (3) IBC Section 101.4.6. Enerqv is hereby amended as follows: The provisions of the International Enerpy Conservation Code, includinq WAC 51-11R and WAC 51-11C, shall apply to all matters aoverninq the design and construction of buildinqs for energy efficiencv. (4) IBC Section 105.1.1, Annual permit, is herebv replaced with IBC Section 105.1.1, Work in Critical Areas, to read as follows: Permit requirements of this code shall not be deemed to grant authorization for Ordinance No. 13-743 Page 6 of 19 any work to be done in any manner in violation of the provisions of this code or anv other laws or ordinances of this iurisdiction. Permits shall be reauired for work proposed within critical areas. Work exempt from permit (IBC Section 105.2) shall not apply to work proposed in critical areas. (5) IBC Section 105.1.2, Annuai permit records, is herebv deleted in its entirety. (6) IBC Section 105.2 item 1 is hereby amended to read as follows: One-story detached accessorv structures used as tool and storaae sheds playhouses and similar uses provided the floor area does not exceed �A-200 square feet (18.58 m2). j7) IBC Section 105.4.1 Amended Permit is hereby created as follows: When the size of the buildinq is increased or the scope for which the permit was issued is chanqed an application to amend the buildinq permit shall be required Amended permit documents includinq but not limited to revised plans calculations product information energy calculations or other documents needed in order to clarifv the intent and scope of the amended application shall be submitted for plan review. Fees for the review of the amended permit application shall be assessed and paid pursuant to the City of Federal Wav fee resolution. 'When the building official is satisfied that the proposed work included in the amended ��lication conforms to the reauirements of this code and laws and ordinances applicable thereto, the buildinq official shall issue a permit therefore as soon as practicable. S8) IBC Section 107.3 Examination of documents is herebv amended as follows: The buildinq official shall examine or cause to be examined the accompanvinq submittal documents and shall ascertain bv 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 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. (9) Chapter 2 Definitions is hereby amended bv the addition of the followinq definition: SUBSTANTIAL iMPROVEMENT. Anv repair reconstruction rehabilitation, addition or improvement of a building or structure the cost of which equals or exceeds 50 percent of the ^�°�n, ��alae assessed value of the structure before the imqrovement or repair is started. If the structure has sustained substantial damaqe anv repairs are considered substantial improvement reqardless of the actual repair work performed. The term does not, however, include either: 1 Anv proiect for improvement of a buildinq required to correct existinq health sanitary or safety code violations identified bv the buildinq official and that are the minimum necessary to assure safe livinq conditions. 2. Any alteration of a historic structure provided that the alteration will not preclude the structure's continued desiqnation as a historic structure. (10) IBC Appendix J is herebv amended to add a new section J101.1.1 Local Requlations, as follows: In addition to the requirements of IBC appendix J clearinq and qradina activities shall be reviewed and requlated under the followinq FWRC regulations (a) FWRC Title 16 Surface and Stormwater Manaqement); and, (b) Chapter 19.120 FWRC Clearing Gradinq, and Tree and Vegetation Retention; and, (c) Chapter 19.142 FWRC, Flood Damaqe Prevention. In case of conflict, the most restrictive provision shall applv. Section 5. Title 13 of the FWRC is hereby amended to add a new chapter to read as follows: Cfiapter 13.22 RESIDENTIAL CODE Sections: 13.22.010 Title. 13.22.020 2012 International Residential Code adopted. 13.22.030 2012 International Residential Code amendments. 13.22.010 Title. This chapter shall be known as the Citv of Federal Wav Residential Code. 13.22.020 20121nternational Residential Code adopted. The 2012 edition of the International Residential Code (IRC) as qublished bv the International Code Ordinance No. 13-743 Page 7 of 19 Council (ICC) is herebv adoqted bv reference pursuant to RCW19.27 and WAC 51-51; with the followinq additions deletions and exceptions: Provided that chapters 11 and 25 throuqh 43 of this code are not adopted. That Enerqv Conservation Construction is regulated bv chapter 51-11 R WAC; that Plumbinq is regulated bv chapter 51-56 WAC� that Electrical installations are regulated bv chapter 296-466 WAC or the National Electrical Code (NEC) as published bv the National Fire Protection Association, as adopted by the Citv of Federal Wav� and that Appendix G Swimminq Pools, Sqas and Hot Tubs of the 2012 edition of the iRC as published by the ICC is herebv adopted. The standards for liquefied petroleum qas installations shall be NFPA 58 (Liquefied Petroleum Gas Code) and NFPA 54 (National Fuel Gas Code). All other fuel qas installations shall be requlated bv the International Mechanical Code (IMC) and International Fuel Gas Code (IFGC)� including the followinq appendix chapters: H and J of the IRC published bv the International Code Council (ICC) are herebv adopted bv reference. 13.22.030 2012 International Residential Code amendments. The following amendments to the IRC adopted in the FWRC are herebv adopted: (1) IRC 101.1, Title, is hereby amended to read as follows: These qrovisions shall be known as the Residential Code for One- and Two-family Dwellings of The Citv of Federal Wav, and shall be cited as such and will be referred to herein as "this code." (2) IRC Section 105.1.1 Annual permit is herebv replaced with IBC Section 105.1.1. Work in Critical Areas to read as follows: Permit requirements of this code shall not be deemed to qrant 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. Permits shall be required for work proposed within critical areas. Work exempt from permit (IBC Section 105.2) shall not applv to work proposed in critical areas. �) IRC 105.3.1 Action on application is herebv amended bv the addition of the followinq lanquaQe: The buildinq official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws the building official shall reiect such application in writinq statinq the reasons therefore. When the buildinq official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto, the building official shalt issue a permit therefore as soon as practicable. 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 citv's fee schedule. (4)1RC 105.4.1, Amended Permit. is herebv created as follows: When the size of the buildinq is increased or the scope for which the permit was issued is chanqed, an application to amend the buildinq permit shall be required. Amended permit documents includinq but not limited to revised plans, calculations, qroduct information, enerQV calculations or other documents needed in order to clarifv the intent and scope of the amended application shall be submitted for plan review. Fees for the review of the amended permit application shall be assessed and paid pursuant to the Citv of Federal Wav fee . resolution. When the buildiny official is satisfied that the proposed work included in the amended application conforms to the reauirements of this code and laws and ordinances applicable thereto. the buildinq official shall issue a permit therefore as soon as practicable. j5) R106.3.1, Approval of construction documents, is herebv amended to read as follows: When the buildinq official issues a permit, the construction documents shall be approved in writing or bv a stamp. One set of construction documents so reviewed and stamped Approved File Copv, shall be retained bv the building official. The other set, stamped Approved Site CopV, shall be returned to the applicant, shall be kept at the site of work at all times and shall be oqen to inspection bv the buildinq official or his or her authorized representative. Failure to produce the Site Copv of the plans at time of inspection mav result in a failed insqection. (6)1RC Table 301.2(1) is amended bv the addition of the followina information: Roof Wind Design Seismic Subject To Damage From Winter Ice Layer Flood Air Mean Snow Speed Topo Design Weathering Frost line Termites Design Underlay Hazard Freezing Annual Load Mph Effects Category Temp Required Index Temp 251b/ft2 85 No D2 Moderate 12° Moderate 24 No Yes 250 55 Ordinance No. 13-743 Page 8 of 19 Section 6. Title 13 of the FWRC is hereby amended to add a new chapter to read as follows: Chapter 13.26 MECHANICAL CODE Sections: 13.26.010 Title. 13.26.020 2012 International Mechanical Code adopted. 1326.030 2012 International Mechanical Code amendments. 13.26.010 Title. This chapter shall be known as the City of Federal Way Mechanical Code. 13.26.020 20121nternational Meohanical Code adopted. The 2012 edition of the International Mechanical Code (IMC) as published by the International Code Conference lICC) is herebv adopted bv reference pursuant to Chapter 19.27 RCW and WAC 51-52._ In the case of conflict between the duct sealing or insulation requirements of Section 603 or Section 604 of the IMC and the duct sealinq or insulation requirements of chapter 51-11C WAC, the Washinqton State Enerqv Code, the provisions of the energy code shall govern. 13.26.030 2012 International Mechanical Code amendments. (1) IMC 101.1 Title is herebv amended to read as follows: These regulations shall be known as the Mechanical Code of the Citv of Federal Wav. hereinafter referred to as "this code." S2) IMC 104.6 Notices and orders is hereby amended to read as follows: Notices and Orders shall be issued in compliance with FWRC 1.15.040. �3) IMC 106.4.1.1 Amended Permit is herebv created as follows: When the scope of work for which the permit was issued is chanqed the buildinq official mav amend the mechanical permit. When such fees specified in IMC Section 106 or the Federal Wav Fee Schedule have been paid and when chanqes to the plans and application have been approved the building official shall issue an "amended permit," which includes the approved chanqes as well as the oriqinal plans and specifications. The issuance of such amended permit shall void the oriqinal permit. (4) IMC 106.3.2, Preliminanr inspection is hereby amended to read as follows: Before a permit is issued the buildinq official is authorized to inspect and evaluate the svstems, equipment, buildinqs, devices, premises and spaces or areas to be used. The buildinq officia► mav reauire third partv review to ensure compliance with this code. The cost of such review shall be borne by the applicant in compliance with the Federal Way Fee Schedule. (5) IMC 106.4.3 Expiration is herebv amended in its entiretv as follows: Every permit issued shall become invalid unless the work on the site authorized bv such permit is commenced within 180 davs 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 buildina official is authorized to qrant. in writinq, one or more extensions of time for periods not more than 180 davs 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. (6) IMC 106.5.2, Fee schedule, is herebv amended to read as follows: The fees for mechanical permits shall be assessed in accordance with #he provisions of the Citv of Federal Wav Fee Schedule. (7) IMC 106.5.3 Fee refunds is herebv amended in its entiretv as follows: Fees shall be refunded in accordance with the City of Federal Way Fee Schedule. �8� IMC 108.3 Prosecution of violation is herebv amended to read as follows: If the notice of violation is not complied with qromptiv the buildinq official shall take action as prescribed in Title 1 of the FWRC. �9) IMC 108.4 Violation penalties is herebv amended to read as follows: Persons who shall violate a provision of this code or shall fail to comply with anv of the requirements thereof or who shall erect, install. alter or repair mechanical work in violation of the approved construction documents or directive of the buildinq official, or of a permit or certificate issued under the provisions of this code, shall be subiect to the provisions of Title 1 of the FWRC. Ordinance No. 13-743 Page 9 of 19 (10) IMC 108.7 Unsafe mechanical svstems is hereby amended to read as follows: A mechanical svstem that is unsafe constitutes a fire or health hazard or is otherwise danqerous to human life, as requlated by this code is hereby declared as an unsafe mechanical system. Use of a mechanical svstem requlated bv this code constituting a hazard to health, safety or welfare bv reason of inadeauate maintenance dilapidation fire hazard disaster damaqe or abandonment is hereby deciared an unsafe use. Such unsafe equipment and appliances are herebv declared to be a nuisance and shall be abated bv repair, rehabilitation, demolition or removal in accordance with Title 1 of the FWRC. (11) IMC 108.7.1 Authority to condemn mechanical svstems, is hereby amended to read as follows: Whenever the buildinq official determines that anv mechanical svstem, or portion thereof, requlated bv this code has become hazardous to life, health propertv or has become insanitarv, the buildinQ 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 mechanical svstem after receivinq such notice. When such mechanical system is to be disconnected written notice as prescribed in Title 1 of the FWRC shall be qiven. In cases of immediate danger to life or propertv, such disconnection shall be made immediatelv without such notice. (12) IMC 109.1, Application for appeal 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 13.06.060 Section 7. Title 13 of the FWRC is hereby amended to add a new chapter to read as follows: Chapter 13.31 FIRE CODE Sections: 13.31.010 Title. 13.31.020 2012 International Fire Code adopted. 13.31.030 2012 International Fire Code amendments. 13.31.040 Fire alarm svstem. 13.31.050 Sprinkler installation. 13.31.010 Title . This chapter shall be known as the City of Federal Way Fire Code. 13.31.030 2012 International Fire Code adopted. The 2012 edition of the International Fire Code (IFC), published bv the International Code Council is hereby adopted by reference pursuant to Chapter 19.27 RCW and WAC 51-54A with the followinQ additions, deletions, and exceptions. Appendices B. C, E, F, and I are adopted by reference. 13.31.030 2012 International Fire Code amendments. IFC Section 503 is hereby created as follows: (1) IFC 503.1 Where reauired. Fire apparatus access roads shall be provided and maintained_in accordance with Sections 503.1.1 through 503.1.3. �2) IFC 503.1.1 Buildinqs and facilities. Approved fire apparatus access roads shall be provided_for everv facility, building or portion of a buildinp hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the reauirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facilitv and all portions of the exterior walls of the first storv of the building as measured bv an aqproved route around the exterior of the buildinp or facilitv. Exception: The fire code official is authorized to increase the dimension of 150 feet (45 720 mm) where: 1. The buitding is eauiqped throuqhout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. 2. Fire apparatus access roads cannot be installed because of location on property, topoqraphv, Ordinance No. 13-743 Page 10 of 19 waterways nonneqotiable grades or other similar conditions and an approved alternative means of fire protection is provided. 3. There are not more than two Group R-3 or Group U occupancies. �3) IFC 503.1.2 Additional access. The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a sinqle road by vehicle conqestion, condition of terrain, climatic conditions or other factors that could limit access._ (4) IFC 503.1.3 High-piled storaqe. Fire department vehicle access to buildinqs used for hiqh-piled combustible storaae shall comply with the applicable provisions of Chapter 32. (5) IFC 503.2 Specifications. Fire apparatus access roads shall be installed and arranqed in accordance with Sections 503.2.1 through 503.2.8. �6) IFC 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm) exclusive of shoulders except for approved securitv qates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). j7) IFC 503.2.2 Authority. The fire code official shall have the authority to require an increase in the minimum access widths where they are inadequate for fire or rescue operations. �8) IFC 503.2.3 Surface. Fire apparatus access roads shall be desiqned and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather drivinq capabilities. (91 IFC 503.2.4 Turning radius. The required turninq radius of a fire apparatus access road shall be determined bv the fire code official. (10) IFC 503.2.5 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in length shall be provided with an approved area for turninq around fire apparatus. (11) IFC 503.2.6 Bridaes and elevated surfaces. Where a bridqe or an elevated surface is part of a fire apparatus access road, the bridqe shall be constructed and maintained in accordance with AASHTO HB-17. Bridqes and elevated surfaces shall be desiqned for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridqes when required bv the fire code official. Where elevated surfaces desiqned for emergency vehicle use are adjacent to surfaces which are not desiqned for such use, approved barriers, approved siqns or both shall be installed and maintained when reauired by the fire code official. (12) IFC 503.2.7 Grade. The qrade of the fire apparatus access road shall be within the limits established by the fire code official based on the fire departmenYs apparatus. 113) IFC 503.2.8 Anqles of approach and departure. The anqles of approach and departure for fire apparatus access roads shall be within the limits established bv the fire code official based on the fire deqartment's apparatus. �141 IFC 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in anv manner, includinq the parking of vehicles. The minimum widths and clearances established in Section 503.2.1 shall be maintained at all times. (14) IFC 503.5 Required qates or barricades. The fire code official is authorized to require the installation and maintenance of gates or other approved barricades across fire apparatus access roads, trails or other accesswavs, not includinq public streets allevs or hiqhways. Electric qate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be desiqned, constructed and installed to comply with the requirements of ASTM F 2200. (15) IFC 503.5.1 Secured qates and barricades. When required, aates and barricades shall be secured in an approved manner. Roads, trails and other accessways that have been closed and obstructed in the manner prescribed by Section 503.5 shall not be trespassed on or used unless authorized by the owner and the fire code official. Exception: The restriction on use shall not applv to public officers actinq within the scope of dutv. �16) IFC 503.6 Securit r�„qates. The installation of securitv qates across a fire apparatus access road shall be approved by the fire chief. Where securit�qates are installed, they shall have an approved means of emerqencv operation. The securit�,qates and the emerqencv operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be desiqned, constructed and installed to comply with the requirements of ASTM F 2200. Ordinance No. 13-743 Page 11 of 19 13.31.040 Fire alarm system. In addition to the Fire Alarm and Detection Svstem requirements specified in IFC, all new buildinqs and structures exceedinq 3 000 square feet qross floor area shall be required to provide an approved automatic fire alarm svstem. Buiiding additions which increase the gross square footaqe of the buildinq by more than 3 000 qross square feet shall be required to provide an approved automatic fire alarm svstem servinq the addition. Fire walls as noted in Section 706 of the International Buildinq Code shall not_be considered to provide a separate buildinq under this section or to enable deletion of the required fire alarm s sy tem• Exceqtions: Group U or R, Division 3, occupancies; 13.31.050 Sprinkler installation. Fire sprinkler svstems shall be installed: In addition to the Automatic Sprinkler System requirements specified in the IBC and IFC the followinq new buildinqs and structures and existing buildinqs with new additional square footaqe, are required to be protected bv an approved automatic sprinkler svstem. �1) All occupancies without the basic fire flow requirements of the IFC and appendix B. Exception: Group U occupancies (2) All occupancies without approved fire department access as defined in IFC 503. Exception: Group U occupancies and additions to sinqle unit R3 structures, are not required to be sprinklered, provided the fire flow meets the requirernents of the IFC and appendix B, and the access is not undulv compromised, as approved by the Fire Code Official. �3) In all occupancies other than qroup R3 U and open parkinq structures, where the total floor area included within the surrounding exterior walls on all floor levels, includinq basements exceeds 5,000 s�c uare feet. Fire walls as noted in Section 706 of the International Buildinq Code, shall not be considered to separate a buildinq to enable deletion of the required fire sprinkler svstem. Exception: additions to existina buildinas that throuqh alternate materials or methods, do not increase the hazards of the buildinq as agreed and approved bv the Buildinq Official and the Fire Code Official. In all occupancies where the buildinq is classified as an overwater structure. Section 8. Title 13 of the FWRC is hereby amended to add a new chapter to read as follows: Chapter 13.34 PLUMBING CODE Sections: 13.34.010 Title. 13.34.020 2012 Uniform Plumbing Code adopted. 13.34.030 2012 Uniform Plumbinq Code amendments. 13.34.010 Title. This chapter shall be known as the Citv of Federal Way Plumbing Code. 13.34.020 2012 Uniform Plumbinq Code adopted. The 2012 edition of the Uniform Plumbina Code (UPC), includinq Appendices A, B, and I, as published by the International Association of Plumbinq and Mechanical Officials (IAPMO), is herebv adopted bv reference pursuant to Chapter 19.27 RCW and WAC 51-56: with the followinq additions, deletions and exceptions: Provided that chapters 12 and 15 of this code are not adopted. Provided further that those requirements of the UPC relatina to ventinq and combustion air of fuel fired apqtiances as found in chapter 5 and those portions of the code addressinQ buildinq sewers are not adopted. Where a conflict exists between the provisions of Appendix I and the manufacturer's installation instructions, the conditions of the listinq and the manufacturer's installation instructions shall apply. Ordinance No. 13-743 Page 12 of 19 13.34.030 2012 Uniform Plumbinq Code amendments. The followinq amendments to the provisions of the plumbinq code adopted in FWRC 13.34.020 are hereby adopted: (1) UPC 103.3.2.1 Amended Permit is herebv created as follows: When the scope forwhich the permit was issued is chanqed an application to amend the buildina permit shall be required. Amended permit documents includinq but not limited to revised plans or other documents needed in order to clarifv the intent and scope of the amended application shall be submitted for plan review. Fees for the review of the amended permit application shall be assessed and paid pursuant to the Citv of Federal Wav fee resolution. When the buildinq official is satisfied that the proposed work included in the amended a�plication conforms to the requirements of this code and laws and ordinances applicable thereto, the buildinq official shall issue a permit therefore as soon as practicable. (2) UPC 103.3.3, Expiration is herebv amended to read as follows: fverv permit issued bv the buildinq official under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within one hundred and eightv (180) days from #he date of such permit, or if the work authorized by such permit is suspended or abandoned at anY time after the work is commenced for a period of one hundred and eightv (180) davs. �e#e�e-s�kf nrn�iirlcr) nn nh�nncc h��ic F� S�'a'�G�Fi "�SiOr�-��vvieF}�@R+�4i^�n,�;-„ore�ee�ed nr�o /11 �io�r �rrcTrTTCUr. A permittee holding an unexpired permit shall be permitted to apply for an extension of the time within which work shall be permitted to commence under that permit when the permittee is unable to commence work within the time required bv this section. The buildinq official shall be permitted to extend the time for action one or more times bv the permittee for a qeriod not exceeding one hundred and eiqhtv (180) davs upon written request by the permittee s#�ewi��a� �"°" ^°., °^°,., f"" ^°�m�+ {°°.1n order to renew action on a permit after expiration where such suspension or abatement has exceeded one (1) vear, the permittee shall pay a new full permit fee. (3) UPC 103.4.2, Expiration of Plan Review, is amended in its entiretv as follows: An application for a permit for any proposed work shall be deemed to have been abandoned 180 davs after the date of filinq, unless such application has been pursued in qood faith or a permit has been issued; except that the buildinq official is authorized to qrant one or more extensions of time for additional periods not exceedinq 180 days each. The extension shall be requested in writinq. A new, complete permit application and full fees must be submitted to restart the review process on anv expired application that cannot be extended. The new application date is the date of the new submittal. Section 9. Title 13 of the FWRC is hereby amended to add a new chapter to read as follows: Chapter 13.38 ELECTRICAL CODE Sections: 13.38.01D Title. 13.38.020 Electrical codes adopted. 13.38.030 Effect on existinq wiring,: 13.38.040 Amendments. 13.38.010 Title. This chapter shall be known as the City of federal Way Electrical Code. 13.38.020 Electrical codes adopted. , j1) Adoption bv reference. The following codes as presentiv cons#ituted or as mav be subsequentiv amended, are all adopted as amended, added to or excepted in this title, toqether with all amendments and additions provided in this title, and shall be aqplicable within the citv: Ordinance No. 13-743 Page 13 of 19 (a) The National Electrical Code (NEC) 2008 Edition as published bv the National Fire Protection Association; �b) The laws rules and requlations for installinq electrical wirinq and equipment set forth in Chapter 19.28 RCW; Sc) The followinq chapters of the Washinqton Administrative Code: (i) Chapter 296-43 WAC. Heating Installation; �ii) Chapter 296-45 WAC, Safetv Standards. Electrical Workers (iii) Chapter 296-46(B) WAC Electrical Safetv Standards, Administration, and Installation. (2) Purpose. This title is enacted as an exercise of police power of the citv for the benefit of fihe public at larqe. It is not intended to create a special relationship with anv individual, or individuals, or to identifv and protect any particular class of persons. The purpose of this title is to provide minimum standards to safequard life or limb, health, propertv and public welfare, bv rectulating and controllinq buildinq construction and work related thereto. 13.38.030 Effect on existinq wirinq. The provisions of this Chapter are not intended to applv to electrical installations in existence at the time of its adoption, except in those cases which, in the opinion of the buildinq official, are found to be dangerous to life or property, and except as is otherwise specificallv provided for in this Chapter. 13.38.040 Amendments. The followinq amendments to the codes adopted in FWRC 13.38.020 are hereby adopted: L) Section 204 of the Uniform Administrative Code. Appeals, as adopted by this title, is herebv amended to read as follows: 204.1 General. Appeals of decisions or determinations made bv the buildinq official relative to the application and interpretation of this Code, except orders, rulinqs or decisions pertaininq to enforcement of this Code, shall be made to the hearing examiner pursuant to FWRC 13.05.060. 204.2 Limits of Authoritv. The hearinq examiner shall have no authority relative to the interpretation of the administrative provisions of this Code nor shall the hearinq 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 anv permit or approval issued pursuant to this Code shall be governed bv Chapter 1.15 FWRC, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of, enforcement available to the citv includinq but not limited to, criminal sanctions as specified herein or in Chapters 1.10 and 1.15 FWRC 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(b) 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 followinq: 1. Portable motors or other portable appliances enerqized bv means of a cord or cable havinq an attachment pluq 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 sa _m_e tvpe and rating in the same locations. 3. Temporary decorative liqhtinq. 4. Repair or replacement of current-carryinq parts of anv switch, contractor or control device. 5. Reinstallation of attachment pluq receptacles, but not the outlet therefor. 6. Repair and replacement of any overcurrent device of the reauired capacitv 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. Taping ioints. 9. Removal of electrical wirinq. 10. Temporarv wirina for experimental purposes in suitable experimental laboratories. 11. The wirina for temqorary theater, motion picture or television sta eq sets. 12. A permit shall not be required for the installation, alteration or repair of electrical wirina, apparatus or eauipment or the qeneration transmission, distribution or meterina of electrical enerQV or Ordinance No. 13-743 Page 14 of 19 in the operation of signals or the transmission of intelliqence by a public or private utility in the exercise of its functions as a servinq utility. Exemption from the permit requirements of this Code shall not be deemed to qrant authorization for any work to be done in violation of the provisions of this Code or any other laws or ordinances of the jurisdiction. Section 10. Title 13 of the FWRC is hereby amended to add a new chapter to read as follows: Chapter 13.41 ENERGY CODE Sections: 13.41.010 Title. 13.41A20 2012 International Energy Conservation Code adopted. 13.41.010 Title. This chapter shall be known as the Citv of Federal Wav Energy Code. 13.41.020 2012 International Enerqv Conservation Code adopted. The 2012 International Enerqy Conservation Code (IECC), published by the International Code Council as amended bv the State of Washinqton is herebv adopted bv reference pursuant to Chapter 19.27 RCW and WAC 51-11 R AND 51-11C. Where this Code is in conflict with one or more of the City's adopted regulations, the more restrictive lanquaqe shall app�l r: Section 11. Title 13 of the FWRC is hereby amended to add a new chapter to read as follows: Chapter 13.42 FACTORY ASSEMBLED STRUCTURES CODE Sections: 13.42.010 Title. 13.42.015 Definitions. 13.42.020 Installation standards adopted. 13.42.030 Installation standards amendments 13.42.010 Title . This chapter shall be known as the Citv of Federal Wav Factonr Assembled Structures Code. 13.42.015 Definitions. "Manufactured Home". Shall mean a factorv assembled structure bearinq insiqnia as a manufactured home. "Mobile Home". Shall mean a factory assembled structure bearin4 insiqnia as a mobile home. "Modular" shall mean a factorv assembled structure bearinq insignia as a modular structure. 13.42.0201nstallation standards adoption. The Washington Factory Assembled Structures Installation Standards RCW43.22 regulatinq Modular Homes, Modular Non-residential Commercial Installations, Manufactured Homes, and Mobile homes is adopted bv reference. Ordinance No. 13-743 Page 1 S of 19 13.42.030 Installation standards amendments. (1) Buildinqs constructed and inspected bv the department of Labor and Industries shall apply for building permits followinq the methods adopted for the IBC and IRC as applicable. (2) Buildinqs constructed and inspected by the department of Labor and Industries shall be issued buildinQ permits followina the methods adoqted for the IBC and IRC as applicable. (3) Buildinqs constructed and inspected bv the department of Labor and Industries shall be inspected prior to occupancv followinq the methods adopted for the IBC and IRC and the manufactures installation guide for the factory assembled structure as applicable. Section 12. Title 13 of the FWRC is hereby amended to add a new chapter to read as follows: Chapter 13.43 PROPERTY MAINTENANCE CODE Sections 13.43.010 Title. 13.43.020 2012 International Proqertv Maintenance Code adopted. 13.43.030 20121nternational Propertv Maintenance Code amendments. 13.43.010 Title. This chapter shall be known as the City of Federal Wav Propertv Maintenance Code. 13.43.020 2012 International Property Maintenance Code adopted. The 2012 International Propertv Maintenance Code (IPMC) is adopted as amended, added to, or excepted in this title, and shall be applicable within the citv. Where this Code is in conflict with one or more of the City's adoqted repulations, the more restrictive lanquaqe shall appl� 13.43.030 2012 International Propertv Maintenance Code amendments. The followinq amendments to the �PMC adopted in FWRC 13.43.010 are herebv adopted: �1) IPMC 101.1, Title, is herebv amended to read as follows: These regulations shall be known as the Property Maintenance Code of Citv of Federal Way, hereinafter referred to as "this code." (2) IPMC 102.3, Application of other codes, is hereby amended to read as follows: Repairs, additions or alterations to a structure, or chanqes of occupancv, shall be done in accordance with the procedures and provisions of the International Buildinq Code International Residential Code, International Fuel Gas Code. International Mechanical Code. Uniform Plumbinq Code, National Electrical Code, Washinqton State Energy Code and the Washinqton State Ventilation and Indoor Air Qualitv Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the Federal Wav Revised Code. (3) IPMC 103 is hereby deleted in its entiretv. (4) IPMC 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 Title 1 of the Federal Wav Revised Code (FWRC). (5) IPMC 106.3, Prosecution of violation, is hereby deleted in its entiretv. (6) IPMC 106.4, Violation penalties, is herebv deleted in its entireiy, (7) IPMC 106.5, Abatement of violation, is hereby deleted in its entirety. (8) IPMC 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 grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Section 1.15.040 of the FWRC. (9) IPMC 107.2. Form, is herebv deleted in its entiretv. (10) IPMC 107.3. Method of service, is hereby deleted in its entirefir. (11) IPMC 107.5. Penalties, is hereby deleted in its entiretv. (12) IPMC 111, title, is herebv amended to read as follows: HEARINGS EXAMINER. (13) IPMC 111.1, General, is herebv amended to read as follows: Appeals of orders, decisions or determinations made bv the buildinq official relative to the application and interpretation of this code shall be made to the hearinqs examiner pursuant to FWRC 13.05.060. (14) IPMC 111.2, Limitations on authoritv, is herebv amended to read as follows: An application for �peal shall be based on a claim that the true intent of this code or the rules legallv adopted there under Ordinance No. 13-743 Page 16 of 19 have been incorrectly interpreted, the provisions of this code do not fullv applv. The hearinqs examiner shall have no authority relative to the interpretation of the administrative qrovisions of this Code nor shall the hearinqs examiner be emqowered to waive any requirements of this code. (15) IPMC 112, title, is herebv amended to read as follows: ORDER TO CEASE ACTIVITY (16) IPMC 112.1, Authoritv, is hereby amended to read as follows: Orders to cease activity. Whenever anv work is beinq done contrarv to the provisions of this Code, or other pertinent laws or ordinances implemented throuqh the enforcement of this Code, the buildinq official may order the work to cease bv issuance of an order to cease activitv pursuant to the FWRC 1.15.030. (17) IPMC 112.2, Issuance, is hereby amended to read as follows: Occuqancy violations. Whenever anv buildinq or structure or equipment therein regulated by this Code is beinq used contrarv to the provisions of this Code, the buildinq official may, by issuance of an order to cease activitv pursuant to FWRC 1.15.030, order such use discontinued and the structure, or portion thereof, vacated. (18) IPMC 112.3, Unlawful continuance, is fierebv amended to read as follows: Any person who shall continue any work after havinq been served with an order to cease activitv, except such work as that person is directed to qerform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. (19) IPMC 202, Definitions, is herebv amended to read in part: CODE OFFICIAL. Shall mean the Building Official. Section 13. The Sections list of Chapter 13.40 FWRC, "Swimming Pool Code," is hereby amended as follows: Sections: 13.40.003 Title . 13.40.007 Conflicts. 13.40.010 Compliance required. 13.40.040 Satisfactory alternate. 13.40.050 Retroactive effect. 13.40.060 Fences and gates — Required. 13.40.070 Fences and gates — Waiver for inaccessibility. 13.40.080 Fences and gates — Covered pools. 13.40.090 Excavation walls — Distance from slope — Walkway. Section 14. A new section is added to Chapter 13.40 FWRC to read as follows: 13.40.003 Title. This chapter shall be known as the Citv of Federal Wav Swimming Pool Code. Section 15. A new section is added to Chapter 13.40 FWRC to read as follows: 13.40.007 Conflicts. In the case of conflict between this chapter and any provision requlating swimming pools of the Buildinq Code, the most restrictive shall apqlv. In the case of conflict between this chapter and any provision requlatina swimming pools of the Residential Code, the provisions of the Residential Code shall appl� Section 16. Severabilitv. Should any section, subsection, paragraph, sentence, clause, or 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 Ordinance No. 13-743 Page 17 of 19 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 17. 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 18. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 19. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this 4th day of June, 2013. CITY OF FEDERAL WAY / / � `��[.,:i . -�. �. .. ATTEST: CITY CLERK, CAROL CNEILLY, CMC APPROVED AS TO FORM: �G9��(. i�=Gr.E� t.r�� �, CITY ATTORNEY, PATRICIA A. RICHARDSON Ordinance No. 13-743 Page 18 of 19 FILED WITH THE CITY CLERK: OS-14-2013 PASSED BY THE CITY COUNCIL: 06-04-2013 PUBLISHED: 06-07-2013 EFFECTIVE DATE: 06-12-2013 ORDINANCE NO.: 13-743 Ordinance No. 13-743 Page 19 of 19