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Ord 92-126 ORDINANCE NO. 92-126 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING ORDINANCE NO. 90-56, AMENDING THE APPEALS PROCESS FOR DECISIONS RELATING TO SAFETY REQUIREMENTS FOR SWIMMING POOLS, HOT TUBS, AND SPAS. WHEREAS, the City Council has previously adopted safety requirements for swimming pools, hot tubs and spas pursuant to Ordinance No. 90-56; and WHEREAS, Ordinance No. 90-56 references appeals of any approvals to be appealed to the Building Code Board of Appeals; and WHEREAS, the City Council determines that a substitution of a hearing before a Hearing Examiner appointed by the city of Federal Way is a more efficient and appropriate process; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: section 1. Ordinance No. 90-56 section 6 is hereby amended as follows: section 6. Satisfactorvalternate. Notwithstanding any precise requirements of this ordinance, the Building Official may approve alternate methods of protection and construction and maintenance of swimming pools, provided such alternate methods meet the same essential surety requirements of this ordinance, and it can be demonstrated that such alternate methods are better suited because of peculiar or unusual circumstances and that it is not practical to meet the precise requirements of this ordinance. Any person who seeks to obtain approval of any such alternate and who COP" is denied approval by the Building Official may appeal his decision to the BuildiH9' Code Board of Appcùlo to a Hearinq Examiner appointed bv the citv of Federal Wav for such purpose by filing a notice of appeal with the city Clerk stating the grounds for the appeal and requesting a hearing to review the decision by the Building Official. The procedure for the Appeals shall be Process I, Federal Way zoning Code, Chapter 135. section 2. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. section 3. Severabilitv. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to other persons or circumstances. section 4. Effecti ve Date. This ordinance shall be effective five (5) days after passage and publication of an approved summary of this ordinance. PASSED by the city Council of the city of Federal Way this 4 day of Ç"eJ;", C1.1N..T"'-\ , , 1992. CITY OF FEDERAL WAY ~~~ MAYOR, ROBERT STEAD - 2 - ATTEST: APPROVED AS TO FORM: ,^---.---"' SANDRA DRISCOI:;I¡ fVt' FILED WITH THE CITY CLERK: January 15, 1992 PASSED BY THE CITY COUNCIL: February 4, 1992 PUBLISHED: February 7,1992 EFFECTIVE DATE: February 12, 1992 ORDINANCE NO. 92-126 LA\EF\ORD\92-23.SWM - 3 -