Ord 92-127
ORDINANCE NO.
92-127
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, AMENDING ORDINANCE
NO. 90-33, REPLACING THE CURRENT BOARD OF
APPEALS PROCESS WITH A HEARING BEFORE A
HEARING EXAMINER APPOINTED BY THE CITY IN ALL
APPLICABLE SITUATIONS OF APPEALS RELATING TO
THE WASHINGTON STATE BUILDING CODE, UNIFORM
HOUSING CODE, UNIFORM SIGN CODE, UNIFORM CODE
FOR THE ABATEMENT OF DANGEROUS BUILDINGS,
UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE,
REGULATIONS FOR BARRIER-FREE FACILITIES, AND
THE WASHINGTON STATE ENERGY CODE, AND ADOPTING
THE PROCESS I PROCEDURE, AS CONTAINED IN THE
FEDERAL WAY ZONING CODE CHAPTER 135 FOR SUCH
APPEALS.
WHEREAS,
the City by Ordinance 90-33
has previously
adopted by reference, with certain amendments, the Washington State
Building Code, the Uniform Housing Code, the Uniform Sign Code, the
Uniform Code for the Abatement of Dangerous Buildings, the Uniform
Swimming Pool, Spa and Hot Tub code, Regulations for Barrier-Free
Facilities, and the Washington State Energy Code; and
WHEREAS,
those
Codes
reference
appeals
or
other
procedures to be heard by the "Board of Appeals"; and
WHEREAS,
the
Council
hereby
determines
that
the
substitution of the Board of Appeals process for a Hearing Examiner
process would provide for a more efficient and appropriate appeals
hearing procedure; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
section 1.
Ordinance No. 90-33, section 5 is hereby
amended as follows:
COPt
section
5.
There
is hereby
created a
section
new
15.04.030 Interpretation of the City of Federal Way Municipal Code
to read as follows:
15.04.030 Interpretation. Whenever the following
words appear in the codes and regulations adopted by this title,
they shall be interpreted as follows:
1.
2.
3.
4.
5.
~
"Administrative authority" as "building official";
"Chief," "Fire Chief," or "Chief of the Bureau of
Fire Prevention" as "Fire Chief of the King County
Fire District No. 39";
"Corporation counsel" as "city Attorney";
"city Treasurer" as "Director of Administration and
Finance";
"Local zoning Code" as the "city of "Federal Way
zoning Code";
6.
"Municipality" and "jurisdiction" as "the city of
Federal Way";
"Board of Appeals" shall be substituted in all
references bv "Hearinq Examiner appointed bv the
citv of Federal Wav."
Whenever reference is made to local authority, codes,
jurisdiction and similar concepts within the codes
adopted by this title, interpretation shall render such
reference applicable to the applicable city designation,
jurisdiction and authority.
section 2.
Ordinance No. 90-33, Section 43 is hereby
amended as follows:
15.10.170
section 43.
There is hereby created a new section
Definitions amended.
of the City of Federal Way
Municipal Code as follows:
15.10.170 Definitions amended. The following
definitions from Chapter 1 of the Uniform Plumbing Code
are hereby amended to read as follows:
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UPC section 103(a) Backflow - "Backflow" means a flow,
other than the intended direction of flow, of any foreign
liquids, gases, or substances into the distribution
system of a public water supply.
UPC section 103 (c) Backflow Prevention Device - "Backflow
prevention device" means a device approved by the state
of washington, Department of Social and Health Services
or such other state department as shall have jurisdiction
over the subject matter, and by the American Water Works
Association, used to counteract back pressure or prevent
back siphonage into the distribution system of a public
water supply.
UPC section 104(k) Cross-connection - "Cross-connection"
means any physical arrangement whereby a public water
supply is connected, directly or indirectly, with any
other water supply system, sewer, drain, conduit, pool,
storage reservoir, plumbing fixture, or other device
which contains or may contain contaminated water, sewage,
or other wastes or liquids of unknown or unsafe quality,
which may be capable of imparting contamination to a
public water supply as a result of backflow.
"Board of Appeals" - Anv reference to Board of Appeals
within the Code shall be substituted bv a reference to a
Hearinq Examiner appointed bv the citv of Federal Wav.
pursuant to the procedures of Process I. Federal Wav
Zoninq Code Chapter 135.
section 3.
Ordinance No. 90-33, section 52 is hereby
amended as follows:
section 52.
There is hereby created a new section
15.14.020 UFC Section 2.303 amended of the city of Federal Way
Municipal Code as follows:
15.14.020 UFC Section 2.303 amended. section 2.303 of
the Uniform Fire Code is amended to read as follows:
Section 2.303. Whenever the Fire Chief
disapproves an application or refuses to grant a
permit applied for, or when it is claimed that the
provisions of the Fire Code do not apply or that
the true intent and meaning of the Fire Code have
been misconstrued or wrongly interpreted, the
applicant may appeal the decision of the Fire Chief
to the Building and Fire Code Board of lq¡peala
Hearinq Examiner to be appointed bv the Citv of
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Federal Wav. pursuant to the procedures contained
in Process I. Federal Wav Zoninq Code Chapter 135
within ~ fortv-five days from the date of the
decision appealed.
section 4.
Ordinance No. 90-33, section 66 is hereby
amended as follows:
section 66. There is hereby created a new section
15.16.020 Appeals of the City of Federal Way Municipal Code as
follows:
15.15.020 Appeals. Appeals made from any ruling under
this chapter may be made to the Building and Fire Cede
Board of Appcùlo Hearinq Examiner as appointed bv the
ci tv of Federal Wav. Procedural rules concerning appeals
shall be as provided in thc Builàin9' Code, Chaptcr 15.08
Process I. Federal Wav Zoninq Code Chapter 135.
section 5.
Ordinance No. 90-33, section 67 is hereby
amended as follows:
section 67. There is hereby created a new section
15.16.030 Definitions of the City of Federal Way Municipal Code as
follows:
15.16.030
Definitions.
Unless otherwise provided in
this section, the definitions in Federal Way Building and
Fire Codes shall apply to this Chapter.
A.
"Life safety/rescue access" shall mean an
unobstructed access to all floor levels and each
roof level of a building on not less than twenty
percent of the building perimeter by utilizing a
thirty-five foot ladder. An alternate method would
be at least one stairway enclosure with exit
doorways from each floor level and with a door
opening onto each roof level which conforms to the
requirements of the Uniform Building Code.
B.
"Fire detection system" shall mean a heat and/or
smoke detection system monitored by a central
and/ or remote station conforming to the current
requirements of the National Fire Protection
Association standards and/or the Fire Chief or his
designee.
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C.
"Fire sprinkler system" shall mean an integrated
system of piping connected to a water supply with
sprinklers which will automatically initiate water
discharge over a fire, conforming to the current
requirements of the National Fire Protection
Association standards and/or the Fire Chief of his
designee.
!h
"Board of Appeals" shall be substituted bv
reference to "Hearinq Examiner as appointed bv the
citv of Federal Wav, " pursuant to procedures
contained in Process I. Federal Wav Zoninq Code
Chapter 135.
section 6.
Ordinance No. 90-33 is amended to add a new
section 95 as follows:
section 95.
There is herebv created a new section
15.18.0:10
Housinq Code Appeal Process of the citv of Federal Wav
Municipal Code as follows:
15.18.020 Housinq Code Appeal Process. Any appeals~
anv decisions rendered pursuant to this code shall be
made to a Hearinq Examiner as appointed bv the citv of
Federal Wav for this purpose. Procedural rules
concerninq appeals shall be as provided in Process I,
Federal Wav Zoninq Code Chapter 135.
section 7.
Ordinance No. 90-33 is amended to add a new
section 96 as follows:
section 96.
There is herebv created a new section
15.20.020
Siqn Code Appeal Process of the citv of Federal Wav
Municipal Code as follows:
15.20.020 Siqn Code Appeal Process. Anv appeals of anv
decisions rendered pursuant to this code shall be made to
à Hearinq Examiner as appointed bv the citv of Federal
Wav. Procedural rules concerninq appeals shall be as
provided in Process I. Federal Wav Zoninq Code Chapter
135.
section 8. Ordinance No. 90-33 is amended to add a new
section 97 as follows:
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section 97.
There is herebv created a new section
Code for Abatement of Danqerous Buildinqs Appeal Process
of the citv of Federal Wav Municipal Code as follows:
15.22.070
15.22.070 Code for Abatement of Danqerous Buildinqs
Appeal Process. Anv appeals of anv decisions rendered
pursuant to this code shall be made to a Hearinq Examiner
as appointed bv the Ci tv of Federal Wav. Procedural
rules concerninq appeals shall be as provided in
Process I. Federal Wav Zoninq Code Chapter 135.
section 9.
Ordinance No. 90-33 is amended to add a new
section 98 as follows:
section 98.
There is herebv created a new section
15.24.020
Swimminq Pool. Spa and Hot Tub Code Appeal Process of
the citv of Federal Wav Municipal Code as follows:
15.24.020 Swimminq Pool. Spa and Hot Tub Appeal Process.
Anv appeals of anv decisions rendered pursuant to this
code shall be made to a Hearinq Examiner as appointed bv
the citv of Federal Wav. Procedural rules concerninq
appeals shall be as provided in Process I. Federal Wav
Zoninq Code Chapter 135.
Section 10.
Ordinance No. 90-33 is amended to add a
new section 99 as follows:
section 99.
There is herebv created a new section
15.26.020
Requlations for Barrier-Free Facilities Appeal Process
of the citv of Federal Wav Municipal Code as follows:
15.26.020 Requlations for Barrier-Free Facilities Appeal
Process. Anv appeals of anv decisions rendered pursuant
to this code shall be made to a Hearinq Examiner as
appointed bv the citv of Federal Wav. Procedural rules
concerninq appeals shall be as provided in Process I.
Federal Wav Zoninq Code Chapter 135.
section 11.
Ordinance No. 90-33 is amended to add a
new section 100 as follows:
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section 100.
There is herebv created a new section
15.29.020
Washinqton state Enerqv Code Appeal Process of the citv
of Federal Wav Municipal Code to read as follows:
15.29.020 Washinqton state Enerqy Code Appeal Process.
Anv appeals of anv decisions rendered pursuant to this
code shall be made to a Hearinq Examiner as appointed bv
the citv of Federal Wav. Procedural rules concerninq
appeals shall be as provided in Process I. Federal Wav
Zoninq Code Chapter 135.
section 12.
Ordinance No. 90-33 is amended to add a new
section 101 as follows:
section 101.
There is herebv created a new section
15.12.040
Uniform Mechanical Code Appeals Process of the citv of
Federal Wav Municipal Code to read as follows:
15.12.040
Uniform Mechanical Code Appeals Process.
Anv
appeals of anv decisions rendered pursuant to this code
shall be made to a Hearinq Examiner as appointed bv the
ci tv of Federal Wav.
Procedural rules concerninq appeals
shall be provided in Process I. Federal Wav Zoninq Code
Chapter 135.
section 13.
Ratification.
Any act consistent with the
authority and prior to the effective date of this ordinance is
hereby ratified and affirmed.
section 14.
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
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other persons or circumstances.
Section 15.
Effective 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
4th
day of
February
, 1992.
CITY OF FEDERAL WAY
-~?~~
MAYOR, ROBERT STEAD
AT',I'ST:
! CI
~/
. SWANEY, CMC
APPROVED AS TO FORM:
~~
~~CITY ATTORNEY, SANDRAc-DRC:FS~er;-r;-
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED: February 7, 1992
EFFECTIVE DATE: February 12, 1992
ORDINANCE NO. 92-127
January 15, 1992
February 4, 1992
92LOO7
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