2010-06-02 HEX# 10-005 Exhibit HExhibit "H"
Exhibit "H"
Federal Way Revised Code
Unfit Structures
1.15.170 Dangerous or unfit buildings or structures defined.
Buildings or structures which have any or all of the following defects shall be deemed "dangerous or
unfit buildings or structures":
(1) Those whose interior walls or other vertical structural members list, lean or buckle to such an extent
that a plumb line passing through the center of gravity falls outside the middle third of its base;
(2) Those which, exclusive of the foundation, show 33 percent, or more, of damage or deterioration of
the supporting member or members, or 50 percent of damage or deterioration of the non supporting
enclosing or outside walls or covering;
3 Those which have improNrly distributed loads upon the Floors or roofs or in which the same are
overloaded. or which have insufficient strength to be reasonably safe for the purpose used;
(4) Those which have become damaged by fire, wind or other causes so as to have become dangerous
to life, safety, morals or the general health and welfare of the occupants or the people of the city of
Federal Way;
(5) Those which have become or are so dilapidated or decayed or unsafe or unsanitary, or which so
utterly fail to provide the amenities essential to decent living, that they are unfit for human habitation, or
are likely to cause sickness or disease, so as to work injury to the health, morals, safety or general welfare
of those living therein;
(6) Those having light, air and sanitation facilities which are inadequate to protect the health, morals,
safety or general welfare of human beings who live or may live therein;
(7) Those having inadequate facilities for egress in case of fire or panic or those having insufficient
stairways, elevators, fire escapes or other means of communication;
(8) Those which have parts thereof wliich are so attached_ that_they_may fall and injure members of the
public or property;
(9) Those which because of their condition are unsafe or unsanitary, or dangerous to the health, morals,
safety or general welfare of the people of this city;
(10) Those which have any exterior cantilever wall, or parapet, or appendage attached to or supported
by an exterior wall of the building located adjacent to a public way or to a way set apart for exit from a
building or passage of pedestrians, if such cantilever, parapet or appendage is not so constructed,
anchored or braced as to remain wholly in its original position in event of an earthquake capable of
producing a lateral force equal to gravity;
[ 1 l) Those which in whole or in part are erected altered remodeled or occupied contrary to the
ordinances adopted by the city:
(12) Those which have any exterior wall located adjacent to a public way or to a way set apart for exit
from a building or passage of pedestrians, if such wall is not so constructed, anchored or braced as to
remain wholly in its original position in event of an earthquake capable of producing a lateral force equal
of 0.2 of gravity.
1.15.180 Standards for repair, vacation or demolition.
The following standards shall be followed in substance by the improvement officer and the appeals
commission in ordering repair, vacation or demolition of buildings or structures:
(1) If the dangerous or unfit building or structure can reasonably be repaired so that it will no longer
exist in violation of the terms of this chapter, it shall be ordered repaired by the improvement officer or by
the appeals commission, on appeal.
(2) If the dangerous or unfit building or structure is 50 percent damaged or decayed or deteriorated in
value, it shall be demolished. "Value " as used herein shall be the valuation placed upon the building or
structure for purposes of general taxation.
File k09-102342-VO Doc. I-D. 53752
(3) If the dangerous or unfit building or structure cannot be repaired so that it will no longer exist in
violation of the terms of this chapter, it shall be demolished.
(4) If the dangerous or unfit building or structure is a fire hazard, existing or erected in violation of the
terms of this chapter or any other ordinance of the city of Federal Way or the laws of the state of
Washington, it shall be demolished, provided the fire hazard is not eliminated by the owner within a
reasonable time.
1.15.190 Issuance of complaint.
If, after a preliminary investigation of any dwelling, building, structure or premises, the city building
official, or his or her designee, finds that it is unfit for human habitation or other use, the building official,
or his or her designee, may issue a complaint conforming to the provisions of RCW 35.80.030, stating in
what respects such dwelling, building, structure or premises is unfit for human habitation or other use. In
determining whether a dwelling, building, structure or premises should be repaired or demolished, the
building official shall be guided by the Federal Way Revised Code, specifically FWRC 1.15.170, and
such other codes adopted pursuant to the Federal Way Revised Code as the building official deems
applicable, in particular the most recent edition of the International Property Maintenance Code.
1.15.200 Service of complaint.
A complaint issued under this chapter shall be served on the parties and posted on the subject property
pursuant to RCW 35.80.030, and shall also be filed with the King County auditor. All complaints or other
documents posted on the subject property shall remain in place until the complaint has been resolved. For
purposes of service, such complaints or other documents are deemed effective on the day of posting.
1.15.210 Complaint hearing.
Not less than 10 days nor more than 30 days after serving a complaint, the improvement officer shall
hold a hearing conforming to the provisions of RCW 35.80.030, at which all parties in interest shall be
given the right to appear in person, to bring witnesses, and to give testimony regarding the complaint. At
any time prior to or at the time of the hearing, any party may file an answer to the complaint. Such a
hearing shall be governed by the city of Federal Way hearing examiner's rules, which shall be available
for public inspection at the Federal Way department of community development.
1.15.220 Determination, findings of fact, and order.
Within 10 days of the complaint hearing, the improvement officer shall issue a determination, findings
of fact, and order, conforming to the provisions of RCW 35.80.030(f), stating the improvement officer's
determination as to whether the subject dwelling, building, structure or premises is unfit for human
habitation or other use; the findings of fact supporting the determination; and an order specifying the
actions necessary to address any unfitness, and a deadline for completing the actions.
In issuing the determination, findings of fact, and order, the improvement officer shall be guided by the
Federal Way Revised Code, specifically FWRC 1.15.170 and 1.15.180, and such other codes adopted
pursuant to the Federal Way Revised Code as the improvement officer deems applicable. The
determination, findings of fact, and order shall be served and posted as set forth in FWRC 1.15.200, and if
no appeal is filed within the deadline specified in FWRC 1.15.230, a copy of the determination, findings
of fact, and order shall be filed with the King County auditor.
1.15.230 Appeal to appeals commission.
Within 30 days of service of a determination, findings of fact, and order, any party may file an appeal
to the appeals commission. The appeals commission shall conduct a hearing on the appeal and issue a
ruling within 60 days from the date the appeal is filed; and if the appeals commission issues any oral
findings of fact, the ruling shall contain a transcript of such findings in addition to any findings issued at
the time of the ruling. The ruling shall be served and posted as set forth in FWRC f .15.200, and if no
appeal is filed within the deadline specified in FWRC 1.15.240, a copy of the ruling shall be filed with the
King County auditor.
File N09-102342-VO 2 Doc I D 53752
1.15.240 Appeal to superior court.
Any person affected by a determination, findings of fact, and order issued by the improvement officer,
who has brought an appeal before the appeals commission pursuant to FWRC 1.15.230 may, within 30
days after the appeals commission's ruling has been served and posted pursuant to FWRC 1,15.100,
petition the King County superior court for an injunction restraining the building official, or his or her
designee, from carrying out the provisions of the determination, findings of fact, and order. In all such
proceedings, the court is authorized to affirm, reverse or modify the order, and such trial shall be heard de
novo.
1.15.250 Remediation — Penalties.
If a party, following exhaustion of the parry's rights to appeal, fails to comply with the determination,
findings of fact, and order, the building official, or his or her designee, may direct or cause the subject
dwelling, building, structure or premises to be repaired, altered, improved, vacated, and closed, removed,
or demolished pursuant to Chapter 35.80 RCW.
1.15.260 Tax lien.
The cost of any action taken by the building official, or his or her designee, under FWRC 1.15.250
shall be assessed against the subject property pursuant to Chapter 35.80 RCW. Upon certification by the
city of Federal Way finance director, or his or her designee, that the assessment amount is due and owing,
the King County treasurer shall enter the amount of such assessment upon the tax rolls against the subject
property pursuant to the provisions of RCW 35.80.030.
1.15.270 Salvage.
Materials from any dwelling, building, structure, or premises removed or demolished by the building
official, or his or her designee, shall, if possible, be salvaged and sold as if the materials were surplus
property of the city of Federal Way, and the funds received from the sale shall be credited against the cost
of the removal or demolition; and if there be any balance remaining, it shall be paid to the parties entitled
thereto, as determined by the building official, or his or her designee, after deducting the costs incident
thereto.
2006International Residential Code
as adopted and amended in FWRC 13.15. 010.
R301.1 Application.
Buildings and structures, and all parts thereof, shall be constructed to safely support all loads, including
dead loads, live loads, roof loads, flood loads, snow loads, wind loads and seismic loads as prescribed by
this code. The construction of buildings and structures in accordance with the provisions of this code shall
result in a system that provides a complete load path that meets all requirements for the transfer of all
loads from their point of origin through the load -resisting elements to the foundation. Buildings and
structures constructed as prescribed by this code are deemed to comply with the requirements of this
section.
R301.1.1 Alternative provisions.
As an alternative to the requirements in Section R3O1.1 the following standards are permitted subject to
the limitations of this code and the limitations therein. Where engineered design is used in conjunction
with these standards the design shall comply with the International Building Code.
R301.1.3 Engineered design.
When a building of otherwise conventional construction contains structural elements exceeding the limits
of Section R301 or otherwise not conforming to this code, these elements shall be designed in accordance
with accepted engineering practice. The extent of such design need only demonstrate compliance of
File #09-102342-VO 3 Doc l D. 53752
nonconventional elements with other applicable provisions and shall be compatible with the performance
of the conventional framed system. Engineered design in accordance with the International Building Code
is permitted for all buildings and structures, and parts thereof, included in the scope of this code.
R601.2 Requirements. (walls)
Wall construction shall be capable of accommodating all loads imposed according to Section R301 and of
transmitting the resulting loads to the supporting structural elements.
2006 International Building Code,
as adopted and amended in FWRC 13.15. 010
IBC 1604.2, Strength.
Buildings and other structures, and parts thereof, shall be designed and constructed to support safely the
factored loads in load combinations defined in this code without exceeding the appropriate strength limit
states for the materials of construction. Alternatively, buildings and other structures, and parts thereof,
shall be designed and constructed to support safely the nominal loads in load combinations defined in this
code without exceeding the appropriate specified allowable stresses for the materials of construction.
File 409-102342-VO 4 Doc 1 D 53752