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Chapter 5
BUILDINGS AND BUILDING REGULATIONSArticles:
I. In General
II. Administration
III. Building Construction Standards
IV. Five-Story Wood Frame Buildings
V. Plumbing Code
VI. Mechanical Code
VII. Existing Buildings
VIII. Swimming Pools – Hot Tubs – Spas
IX. Moving Buildings
X. Electrical Code
Article I.
IN GENERALSections:
5-1 Purpose.
5-2 Conflicts.
5-3 Interpretation.
5-4 Application and scope.
5-5 Copies of codes.
5-6 Appeals.
5-7 Enforcement (general).
5-8 – 5-35 Reserved.
5-1 Purpose.
The purpose of the codes and regulations adopted in this chapter are to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of these codes and regulations. (Ord. No. 90-33, § 4, 2-13-90; Ord. No. 92-143, § 1, 6-16-92; Ord. No. 95-234, § 1, 6-6-95)
5-2 Conflicts.
In case of conflict among the following adopted codes, the codes as numbered shall govern over those following:
(1) International Building Code;
(2) International Residential Code;
(3) International Mechanical Code;
(4) International Fire Code;
(5) Uniform Plumbing Code. (Ord. No. 90-33, § 4, 2-13-90; Ord. No. 92-143, § 1, 6-16-92; Ord. No. 95-234, § 1, 6-6-95; Ord. No. 04-465, § 1, 10-5-04)
5-3 Interpretation.
(a) Whenever the following words appear in the codes and regulations adopted by this chapter, they shall be interpreted as follows:
(1) Administrative authority shall mean the building official.
(2) Board of appeals shall mean the hearing examiner appointed by the city.
(3) Chief, fire chief or chief of the bureau of fire prevention shall mean the fire chief of the Federal Way fire department.
(4) City treasurer shall mean the director of administration and finance.
(5) Corporation counsel shall mean the city attorney.
(6) Municipality and jurisdiction shall mean the city of Federal Way.
(b) Whenever reference is made to local authority, codes, jurisdiction and similar concepts within the codes adopted by this chapter, interpretation shall render such reference applicable to the applicable city designation, jurisdiction and authority. (Ord. No. 90-33, § 5, 2-13-90; Ord. No. 92-127, § 1, 2-4-92; Ord. No. 95-234, § 1, 6-6-95; Ord. No. 04-465, § 2, 10-5-04)
5-4 Application and scope.
The provisions of this chapter shall apply to all new construction, relocated buildings, and to any alterations, repairs or reconstruction, except as provided for otherwise in this chapter. (Ord. No. 90-33, § 30, 2-13-90; Ord. No. 95-234, § 1, 6-6-95)
5-5 Copies of codes.
The city shall, at all times, keep on file with the city clerk for reference by the general public not less than one copy of the codes and regulations, or parts thereof, as are adopted by this chapter. (Ord. No. 90-33, § 3, 2-13-90; Ord. No. 95-234, § 1, 6-6-95)
5-6 Appeals.
Any appeals of any decision rendered pursuant to this chapter, except decisions pertaining to enforcement of this chapter, shall be made to a hearing examiner appointed by the city. Procedural rules concerning appeals shall be as provided in process III of Chapter 22 FWCC, Zoning. (Ord. No. 92-127, § 11, 2-4-92; Ord. No. 95-234, § 1, 6-6-95; Ord. No. 98-320, § 3, 9-15-98; Ord. No. 99-342, § 6, 5-4-99)
5-7 Enforcement (general).
Notwithstanding any provision to the contrary, civil enforcement of the provisions of this article and the terms and conditions of any permit or approval issued pursuant to this article shall be governed by Chapter 1 FWCC, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the city including, but not limited to, criminal sanctions as specified herein or in Chapter 1 FWCC, Articles II, III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this article. (Ord. No. 99-342, § 6, 5-4-99)
5-8 – 5-35 Reserved.
Article II.
ADMINISTRATIONSections:
5-36 Right of entry.
5-37 Authority to adopt rules and regulations.
5-38 Liability.
5-39 Deviations.
5-40 Additional conditions.
5-41 Appeals.
5-42 Enforcement (administration).
5-43 – 5-65 Reserved.
5-36 Right of entry.
The building official or designated agent shall have the right of entry, during usual business hours, to inspect any and all buildings and premises in the performance of his or her duties. (Ord. No. 90-33, § 31, 2-13-90; Ord. No. 95-234, § 1, 6-6-95)
5-37 Authority to adopt rules and regulations.
(a) The city shall adopt rules and regulations for the implementation of this chapter, including:
(1) Procedures to assure that building permits for structures conform to the requirements of this chapter.
(2) Procedures to assure that these standards shall be reviewed as part of the subdivision, planned unit development, rezone, conditional use and unclassified use permit processes.
(3) Procedures to assure that a report of fire protection impacts is submitted in all cases where a proposed structure or land use is regulated.
(4) Standards published by the National Fire Protection Association including a standard known as NFPA 13R to be applied to all R1 and R2 occupancies.
(5) Procedures for automatic fire extinguishing systems which shall indicate the type and configuration of systems based on occupancy and shall be developed from nationally recognized standards.
(b) No less than one copy shall be available for public inspection and review in the fire department office or the building department. The city may offer the rules and regulations for sale for a reasonable cost to cover printing and handling. (Ord. No. 90-33, § 69, 2-13-90; Ord. No. 95-234, § 1, 6-6-95; Ord. No. 04-465, § 3, 10-5-04)
5-38 Liability.
(a) The express intent of the city council is that responsibility for compliance with the provisions of this chapter in regard to fire protection availability to a specific development shall rest exclusively with the permit applicant and their agents.
(b) The city council expressly recognizes there are limited public funds available for implementation and enforcement of the provisions of this chapter and for the establishment of fire suppression capability by the fire district. 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 chapter are those which, in the judgment of the city council, best protect the overall health, safety and welfare interests of the public.
(c) This chapter shall not be construed as placing responsibility for assuring the adequacy of fire protection services in the city or any officer, employee or agent of the city, the fire district, water purveyor, employee or agent of the fire district or water purveyor. Procedures established pursuant to this chapter are spot checks designed to foster and encourage compliance but are not guarantees or assurances that permits or work undertaken pursuant to permits complies with all applicable provisions of the chapter. It is the responsibility of the permit holder to comply with the procedures regarding the adequacy of fire protection service. (Ord. No. 90-33, § 72, 2-13-90; Ord. No. 95-234, § 1, 6-6-95)
5-39 Deviations.
The fire chief and building official or designee shall have the authority to approve deviations from the standards established pursuant to this chapter when it is shown that the deviation would not unreasonably reduce fire protection to the area or structures served. (Ord. No. 90-33, § 70, 2-13-90; Ord. No. 95-234, § 1, 6-6-95)
5-40 Additional conditions.
(a) All conditions shall have the following wording in the recorded declaration of covenants and a copy of the document shall be provided to the fire chief and the building official:
(1) In the event that any unit should be equipped with a sprinkler system, nothing shall be hung from the sprinklers comprising a part of the system nor shall any such sprinklers be painted, covered or otherwise changed, tampered with or altered.
(2) Prior to any alteration, amendment, modification or change thereof, the owners or their agents will submit such proposed alteration, amendment, modification or change to the fire chief or designee for his or her approval and agrees to comply with all applicable sprinkler requirements.
(b) The fire chief or designee retains the authority under Section 101.4 of the Uniform Fire Code to impose additional conditions, including but not limited to increased setbacks, use of fire retardant materials or standpipes where determined necessary to mitigate identified fire protection impacts. (Ord. No. 90-33, § 71, 2-13-90; Ord. No. 95-234, § 1, 6-6-95)
5-41 Appeals.
Appeals made from any ruling under this article, except rulings or decisions pertaining to enforcement of this article, shall be pursuant to FWCC 5-6. (Ord. No. 90-33, § 66, 2-13-90; Ord. No. 92-127, § 4, 2-4-92; Ord. No. 95-234, § 1, 6-6-95; Ord. No. 98-320, § 5, 9-15-98; Ord. No. 99-342, § 6, 5-4-99)
5-42 Enforcement (administration).
Notwithstanding any provision to the contrary, civil enforcement of the provisions of this article and the terms and conditions of any permit or approval issued pursuant to this article shall be governed by Chapter 1 FWCC, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the city including, but not limited to, criminal sanctions as specified herein or in Chapter 1 FWCC, Articles II, III, nuisance and injunction actions, or other civil actions. (Ord. No. 99-342, § 6, 5-4-99; Ord. No. 04-465, § 4, 10-5-04)
Editor’s note – Ordinance No. 04-465, § 4, adopted October 5, 2004, deleted § 5-42 and renumbered § 5-43 as a new § 5-42. Formerly, such section pertained to permits and derived from Ord. No. 90-33, § 33, 2-13-90; Ord. No. 92-143, § 15, 6-16-92; Ord. No. 95-234, § 1, 6-6-95.
5-43 – 5-65 Reserved.
Article III.
BUILDING CONSTRUCTION STANDARDSSections:
5-66 Building codes adopted.
5-67 Amendments.
5-68 International Building and Residential Codes Sections 112 and R112 amended – Board of appeals.
5-66 Building codes adopted.
The following codes, all as amended, added to, or excepted in this chapter, together with all amendments and additions provided in this title, are adopted and shall be applicable within the city:
(a) The following chapters of the Washington Administrative Code as presently constituted or as may be subsequently amended:
(1) Chapter 51-11 WAC – Washington State Energy Code; and
(2) Chapter 51-13 WAC – Washington State Ventilation and Indoor Air Quality Code; and
(3) Chapter 51-50 WAC – State Building Code Adoption and Amendment of the 2003 International Building Code; and
(4) Chapter 51-51 WAC – State Building Code Adoption and Amendment of the 2003 International Residential Code; and
(b) Appendix Chapters F, G, I, and J of the International Building Code, 2003 Edition, and Appendix Chapters H and J of the International Residential Code, 2003 Edition; both published by the International Code Council. (Ord. No. 90-33, § 7, 2-13-90; Ord. No. 92-143, § 2, 6-16-92; Ord. No. 95-234, § 1, 6-6-95; Ord. No. 98-320, § 6, 9-15-98; Ord. No. 01-402, § 1, 9-4-01; Ord. No. 04-465, § 5, 10-5-04)
5-67 Amendments.
The following amendments to the Code adopted in FWCC 5-66 are hereby adopted:
(1) Sections 114.1 and R114.1 are amended in their entirety to read as follows:
Orders to cease activity. Whenever any work is being done contrary to the provisions of this Code, or other pertinent laws or ordinances implemented through 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 FWCC 1-16.
(2) Sections 113.2 and R113.2 are amended in their entirety to read as follows:
Occupancy violations. Whenever any building or structure or equipment therein regulated by this Code is being used contrary to the provisions of this Code, the building official may, by issuance of an order to cease activity under the FWCC 1-16, order such use discontinued and the structure, or portion thereof, vacated.
(3) Sections 106.1.1 and R106.1.1 are amended and supplemented by the addition of a new second paragraph to read as follows:
The applicant must supply as much information as required to provide an accurate environmental disclosure.
(4) Section 106.4 and R106.4 are amended and supplemented by the addition of new sections to be known as 106.4.1 and R106.4.1, respectively, to read as follows:
Amended Permit. When the size of the building is increased or the scope for which the permit was issued is changed, the building official may amend the building permit. When such fees specified in sections 108 and R108 have been paid and when changes to the plans and application are approved, the building official shall issue an “amended permit,” which includes the approved changes as well as the original plans and specifications. The issuance of such amended permit shall void the original permit.
(5) Sections 105.3.2 and R105.3.2 are amended in their entirety to read as follows:
(a) Time limitation of application. Applications for building permits which have not been approved (when appropriate) by the community development services department, building and planning divisions; public works department, development services and traffic divisions; Federal Way fire department, fire prevention division or King County health department within 24 months following the application date shall expire by limitation and become null and void if no permit has been issued. Any days the application is under review for the state environmental policy act (SEPA) shall not be included in the allotted 24 months. One extension may be granted for up to 12 months if that extension period would fall within the same code cycle. Expired applications that are eligible for such extension may be renewed for a period not exceeding that time remaining within the 12 month period. Such expired applications can be renewed for one-half the amount of the original application fee or an amount determined by the building official, not to exceed one-half the original application fee. All extensions shall be requested in writing.
A new, complete permit application 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.
(6) Sections 105.5 and R105.5 are amended in their entirety to read as follows:
(b) Expiration. Every permit issued by the building official under the provisions of this chapter shall expire and become null and void if the work authorized by such permit is not commenced and completed within 24 months. One extension may be granted for up to 12 months if that extension period would fall within the same code cycle. Expired permits that are eligible for such extension may be renewed for a period not exceeding that time remaining within the 12 month period. Such expired permits can be renewed for one-half the amount of the original permit fee, or an amount determined by the building official, not to exceed one-half the original permit fee. All extensions shall be requested in writing.
A new, complete permit application and full fees must be submitted to recommence work on any expired permit that cannot be extended. The building official may evaluate the work not completed under the expired permit and issue to the applicant a revised scope of work to be submitted for the new application.
(7) Sections 110.1 and R110.1 are amended and supplemented by the addition of a second paragraph to read as follows:
Buildings or other projects authorized by a building permit that do not require a certificate of occupancy 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.
(8) Sections 110.3 and R110.3 are amended in their entirety to read as follows:
Limited Access Agreement. Limited use may be granted for any building not yet issued a Certificate of Occupancy pursuant to sections 110.1 or R110.1 through a properly executed Limited Access Agreement. Such agreement shall be signed by the legally identified corporate officer or property owner having authority to represent the corporation or property owner in such agreements or contracts, and the City Manager; as negotiated and recommended by the building official or their designee and according to city policy.
(9) Sections 1807.4.3 and R405 are amended and supplemented to read as follows:
Drainage. Provisions shall be made for the control and drainage of surface water around buildings. Adequate provisions shall be made to insure that underfloor spaces remain free of running or standing 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 be a minimum size of four inches. Provisions shall be made to prevent the drainage system from becoming blocked with soil. The building 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 building.
(10) Section 1008.1.8.3 exception 2.1 is deleted. (Ord. No. 90-33, §§ 8 – 25, 2-13-90; Ord. No. 90-48, § 1, 3-20-90; Ord. No. 92-143, §§ 3 – 12, 6-16-92; Ord. No. 95-234, § 1, 6-6-95; Ord. No. 99-342, § 6, 5-4-99; Ord. No. 04-465, § 6, 10-5-04)
5-68 International Building and Residential Codes Sections 112 and R112 amended – Board of appeals.
Sections 112 and R112 of the International Building and Residential Codes, as adopted by this chapter, are amended in their entirety to read as follows:
112.1 General. Appeals of decisions or determinations made by the building official relative to the application and interpretation of this Code, except orders, rulings or decisions pertaining to enforcement of this Code, shall be made to the hearing examiner pursuant to FWCC 5-6.
112.2 Limits of authority. The hearing examiner shall have no authority relative to the interpretation of the administrative provisions of this Code nor shall the hearing examiner be empowered to waive requirements of this Code.
112.3 Enforcement. Civil enforcement of the provisions of this Code and the terms and conditions of any permit or approval issued pursuant to this Code shall be governed by Chapter 1 FWCC, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the city including, but not limited to, criminal sanctions as specified herein or in Chapter 1 FWCC, Articles II, III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this Code.
(Ord. No. 95-234, § 1, 6-6-95; Ord. No. 98-320, § 7, 9-15-98; Ord. No. 99-342, § 6, 5-4-99; Ord. No. 04-465, § 7, 10-5-04)
Article IV.
FIVE-STORY WOOD FRAME BUILDINGSSections:
5-69 Purpose – General.
5-70 Construction.
5-71 Occupancy.
5-72 Stair enclosures.
5-73 Fire detection and protection.
5-74 Height.
5-75 Basic allowable floor area.
5-76 Fire department access.
5-77 Construction inspection.
5-78 Maintenance of fire protection systems.
5-79 – 5-90 Reserved.
5-69 Purpose – General.
The purpose of this article is to authorize the construction of five-story wood frame buildings as an approved alternate design and construction method under Section 104.2.8 of the 2003 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 wood frame building. (Ord. No. 01-389, § 1(B), 6-5-01; Ord. No. 04-465, § 8, 10-5-04)
5-70 Construction.
(a) International Building Code requirements. Five-story wood frame buildings must comply with all requirements of the International Building Code, except as modified or supplemented by this article. In the event of a conflict between the International Building Code and the provisions of this article, the provisions of this article shall control. References in this article to building construction “types” (e.g., Type I or Type V) shall have the same meaning as set forth in the International Building Code.
(b) Lowest story construction requirements. The lowest story in a five-story wood frame building shall be constructed of Type V-A fire-resistive construction, except that all structural frame and load bearing elements must consist of approved, two-hour fire-resistive construction.
(c) Upper four stories. The upper four stories of a five-story wood frame building shall be constructed of at least Type V-A fire-resistive construction.
(d) Use of Type V above Type I construction. Where Type V wood frame stories are constructed over Type I construction, the Type V stories shall be separated from the Type I stories as provided in International Building Code Section 311.2.2.1 (2003 Edition), as presently constituted or as may be subsequently amended. (Ord. No. 01-389, § 1(B), 6-5-01; Ord. No. 04-465, § 8, 10-5-04)
5-71 Occupancy.
(a) Occupancy of five-story wood frame buildings shall be allowed as provided in Table 503, International Building Code, 2003 Edition, as presently constituted or as may be subsequently amended, except that B, M, and R-1 occupancies shall be allowed on any floor.
(b) Occupancy shall have the same meaning as set forth in the 2003 Edition of the International Building Code, as presently constituted or as hereinafter amended. (Ord. No. 01-389, § 1(B), 6-5-01; Ord. No. 04-465, § 8, 10-5-04)
5-72 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. (Ord. No. 01-389, § 1(B), 6-5-01; Ord. No. 04-465, § 8, 10-5-04)
5-73 Fire detection and protection.
(a) Five-story wood frame 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 2003 International Building and Fire Codes and as amended by the State Building Code. Use of the automatic fire sprinkler system shall be in addition to, not in lieu of, one-hour fire-resistive construction required in FWCC 5-70. Automatic fire sprinklers may not be used to increase the number of stories; no more than five stories of wood frame construction may be permitted.
(b) All stair enclosures and elevator shafts shall be pressurized as set forth in International Building Code Section 909, as presently constituted or as may be subsequently amended. In addition, a class I standpipe system as required by International Building Code Section 905 and the Standard known as NFPA 14, as presently constituted or as may be subsequently amended, shall be installed.
(c) A standby power-generator set shall be provided on the premises in accordance with the 2003 International Building Code Section 403.10 and the 2002 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 stair enclosures, an elevator shaft pressurization, and elevators.
(d) A monitored manual and automatic fire detection system, subject to the approval of the fire chief, shall be installed throughout the building and provide alarm, trouble and supervisory monitoring of the automatic fire sprinkler system. (Ord. No. 01-389, § 1(B), 6-5-01; Ord. No. 04-465, § 8, 10-5-04)
5-74 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 2003 International Building Code as presently constructed or hereafter amended.
Buildings constructed under this article shall also be subject to the requirements of Chapter 8 FWCC pertaining to high-rise buildings, as applicable. (Ord. No. 01-389, § 1(B), 6-5-01; Ord. No. 04-465, § 8, 10-5-04)
5-75 Basic allowable floor area.
The basic allowable area of floors of five-story wood frame buildings shall be as allowed in Tables 503 through 505, International Building Code, 2003 Edition, as presently constituted or as may be subsequently amended, plus 25 percent. (Ord. No. 01-389, § 1(B), 6-5-01; Ord. No. 04-465, § 8, 10-5-04)
5-76 Fire department access.
Site design for any five-story wood framed building shall include access sufficient for fire department vehicles, as determined by the fire chief and building official. Fire department vehicle access shall be documented on site and building plans. (Ord. No. 01-389, § 1(B), 6-5-01; Ord. No. 04-465, § 8, 10-5-04)
5-77 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; and
(2) Special inspections as required in the 2003 International Building Code, as presently constructed or as hereafter amended. (Ord. No. 01-389, § 1(B), 6-5-01; Ord. No. 04-465, § 8, 10-5-04)
5-78 Maintenance of fire protection systems.
The owners of five-story wood frame structures shall maintain the fire and life-safety systems required by the International Building Code and the Federal Way City Code in an operable condition at all times. Unless otherwise required by the fire chief, testers approved by the fire department shall conduct yearly testing of such systems. A written record shall be maintained and shall be forwarded to the fire marshal and be available to the inspection authority. (Ord. No. 01-389, § 1(B), 6-5-01; Ord. No. 04-465, § 8, 10-5-04)
5-79 – 5-90 Reserved.
Article V.
PLUMBING CODESections:
Division 1. Generally
5-91 Appeals.
5-92 Enforcement (plumbing code).
5-93 – 5-100 Reserved.
Division 2. Permit
5-101 To whom issued.
5-102 – 5-115 Reserved.
Division 3. Standards
5-116 Plumbing code adopted.
5-117 Amendments.
5-118 County rules and regulations adopted relating to on-site sewage disposal systems.
5-119 – 5-140 Reserved.
Division 1. Generally
5-91 Appeals.
Appeals made from any ruling under this article, except rulings or decisions pertaining to enforcement of this article, shall be pursuant to FWCC 5-6. (Ord. No. 95-234, § 1, 6-6-95; Ord. No. 98-320, § 8, 9-15-98; Ord. No. 99-342, § 6, 5-4-99)
5-92 Enforcement (plumbing code).
Notwithstanding any provision to the contrary, civil enforcement of the provisions of this article and the terms and conditions of any permit or approval issued pursuant to this article shall be governed by Chapter 1 FWCC, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the city including, but not limited to, criminal sanctions as specified herein or in Chapter 1 FWCC, Articles II, III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this article. (Ord. No. 99-342, § 6, 5-4-99)
5-93 – 5-100 Reserved.
Division 2. Permit
5-101 To whom issued.
A permit may be issued under this division to a properly licensed person in conformance with current state contractor licensing laws, Chapter 18.27 RCW. A licensed general contractor or owner shall be issued a plumbing permit as a portion of the required building permit when approved plans indicate plumbing fixtures. (Ord. No. 90-33, § 36, 2-13-90; Ord. No. 95-234, § 1, 6-6-95; Ord. No. 98-320, § 8, 9-15-98)
Editor’s note – Ordinance No. 98-320, § 8, adopted September 15, 1998, deleted § 5-101 and renumbered § 5-102 as a new § 5-101. Formerly, such section pertained to required and derived from Ord. No. 90-33, § 34, 2-13-90; Ord. No. 92-143, § 16, 6-16-92; Ord. No. 95-234, § 1, 6-6-95.
5-102 – 5-115 Reserved.
Editor’s note – Ordinance No. 98-320, § 8, adopted September 15, 1998, deleted § 5-103 and renumbered § 5-104 as a new § 5-102. Formerly, such section pertained to issuance and derived from Ord. No. 90-33, § 38, 2-13-90; Ord. No. 92-143, § 18, 6-16-92; Ord. No. 95-234, § 1, 6-6-95.
Ordinance No. 04-465, § 9, adopted October 5, 2004, deleted § 5-102. Formerly, such section pertained to fees and derived from Ord. No. 90-33, § 38, 2-13-90; Ord. No. 92-154, § 1, 11-17-92; Ord. No. 95-234, § 1, 6-6-95; Ord. No. 98-320, § 8, 9-15-98.
Division 3. Standards
5-116 Plumbing code adopted.
The following codes, all as amended, added to, or excepted in this chapter, 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 51-56 – State Building Code Adoption and Amendment of the 2003 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 2003 Edition of the Uniform Plumbing Code Standards.
(2) The 2003 Uniform Plumbing Code as presently constituted or as may be subsequently amended; 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. (Ord. No. 90-33, § 27, 2-13-90; Ord. No. 92-143, § 13, 6-16-92; Ord. No. 95-234, § 1, 6-6-95; Ord. No. 98-320, § 8, 9-15-98; Ord. No. 04-465, § 10, 10-5-04)
5-117 Amendments.
The following amendments to the provisions of the plumbing code adopted in FWCC 5-116 are hereby adopted:
(1) Uniform Plumbing Code Chapter 6, Water Supply and Distribution – Amended. Chapter 6 of the Uniform Plumbing Code, as adopted by this chapter, is here by amended by the addition of a new section:
Section 612. Adoption of state regulations. Rules and regulations of the state board of health regarding public water supplies, entitled “Cross Connection Control Regulation in Washington State” WAC 248-54-250 through 248-54-500, and the American Water Works Association, Pacific Northwest Section’s Second Edition of “Accepted Procedure and Practice in Cross-Connection manual” as they presently exist and as they may, from time to time, be amended in the future, are hereby adopted by this reference as if set forth in full.
(2) Section 103.3.4 is amended in its entirety to read as follows:
(a) Time limitation of application. Applications for plumbing permits which have not been approved (when appropriate) by community development services department, building and planning divisions; public works department, development services and traffic divisions; Federal Way fire department, fire prevention division or King County health department within 24 months following the application date shall expire by limitation and become null and void if no permit has been issued. Any days the application is under review for the state environmental policy act (SEPA) shall not be included in the allotted 24 months. One extension may be granted for up to 12 months if that extension period would fall within the same code cycle. Expired applications that are eligible for such extension may be renewed for a period not exceeding that time remaining within the 12 month period. Such expired applications can be renewed for one-half the amount of the original permit fee or an amount determined by the building official, not to exceed one-half the original application fee. All extensions shall be requested in writing.
A new, complete permit application 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.
(3) Section 103.4.3 is amended in its entirety to read as follows:
(b) Expiration. Every permit issued by the building official under the provisions of this chapter shall expire and become null and void if the work authorized by such permit is not commenced and completed within 24 months. One extension may be granted for up to 12 months if that extension period would fall within the same code cycle. Expired permits that are eligible for such extension may be renewed for a period not exceeding that time remaining within the 12 month period. Such expired permits can be renewed for one-half the amount of the original application fee, or an amount determined by the building official, not to exceed one-half the original permit fee. All extensions shall be requested in writing.
A new, complete permit application and full fees must be submitted to recommence work on any expired permit that cannot be extended. The building official may evaluate the work not completed under the expired permit and issue to the applicant a revised scope of work to be submitted for the new application.
(4) Section 103.4 is amended in its entirety to read as follows:
103.4 Fees. Fees are to be paid in accordance with the provisions contained in International Building Code Sections 108.1, 108.2, and 108.4 through 108.6, and the fee schedule set by resolution and on file in the city clerk’s office, as now exists or is hereafter amended, deleted, added to, or modified.
(5) Section 103.2 is amended and supplemented by the addition of a new subsection 103.2.4 to read as follows:
103.2.4 Amended construction documents. Changes made during construction are to comply with the provisions of International Building Code Section 106.4 as amended by Federal Way City Code Section 5-67(4).
(Ord. No. 90-33, §§ 39 – 45, 2-13-90; Ord. No. 92-127, § 2, 2-4-92; Ord. No. 92-143, §§ 13, 19 – 21, 6-16-92; Ord. No. 95-234, § 1, 6-6-95; Ord. No. 98-320, § 6, 9-15-98; Ord. No. 98-320, § 8, 9-15-98; Ord. No. 04-465, § 11, 10-5-04)
5-118 County rules and regulations adopted relating to on-site sewage disposal systems.
In areas not served by sanitary sewers as required in this Code, septic tanks and drainfields conforming to the most current adopted rules and regulations of the county board of health shall be installed. (Ord. No. 90-33, § 28, 2-13-90; Ord. No. 95-234, § 1, 6-6-95; Ord. No. 98-320, § 8, 9-15-98)
5-119 – 5-140 Reserved.
Editor’s note – Ordinance No. 98-320, § 8, adopted September 15, 1998, deleted § 5-119. Formerly, such section pertained to dangerous and insanitary construction and derived from Ord. No. 90-33, § 32, 2-13-90; Ord. No. 92-143, § 14, 6-16-92; Ord. No. 95-234, § 1, 6-6-95.
Article VI.
MECHANICAL CODESections:
5-141 Code adopted.
5-142 Amendments.
5-143 Appeals.
5-144 – 5-165 Reserved.
5-141 Code adopted.
The following codes, all as amended, added to, or excepted in this chapter, 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 51-52 WAC – State Building Code Adoption and Amendment of the 2003 Edition of the International Mechanical Code and of the 2003 Edition of the International Fuel Gas Code. (Ord. No. 90-33, § 47, 2-13-90; Ord. No. 92-143, § 22, 6-16-92; Ord. No. 95-234, § 1, 6-6-95; Ord. No. 98-320, § 9, 9-15-98; Ord. No. 04-465, § 12, 10-5-04)
5-142 Amendments.
The following amendments to the mechanical code adopted in FWCC 5-141 are hereby adopted:
(1) A new Section 106.3.3 is added to read as follows:
(a) Time limitation of application. Applications for mechanical and fuel gas permits which have not been approved (when appropriate) by community development services department, building and planning divisions; public works department, development services and traffic divisions; Federal Way fire department, fire prevention division or King County health department within 24 months following the application date shall expire by limitation and become null and void if no permit has been issued. Any days the application is under review for the state environmental policy act (SEPA) shall not be included in the allotted 24 months. One extension may be granted for up to 12 months if that extension period would fall within the same code cycle. Expired applications that are eligible for such extension may be renewed for a period not exceeding that time remaining within the 12 month period. Such expired applications can be renewed for one-half the amount of the original application fee or an amount determined by the building official, not to exceed one-half the original application fee. All extensions shall be requested in writing.
A new, complete permit application 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.
(2) 106.4.1 is amended and supplemented by the addition of a third paragraph to read as follows:
Changes made during construction are to comply with the provisions of International Building Code Section 106.4 as amended by Federal Way City Code Section 5-67(4).
(3) Section 106.4.3 is amended in its entirety to read as follows:
(b) Expiration. Every permit issued by the building official under the provisions of this chapter shall expire and become null and void if the work authorized by such permit is not commenced and completed within 24 months. One extension may be granted for up to 12 months if that extension period would fall within the same code cycle. Expired permits that are eligible for such extension may be renewed for a period not exceeding that time remaining within the 12 month period. Such expired permits can be renewed for one-half the amount of the original permit fee, or an amount determined by the building official, not to exceed one-half the original permit fee. All extensions shall be requested in writing.
A new, complete permit application and full fees must be submitted to recommence work on any expired permit that cannot be extended. The building official may evaluate the work not completed under the expired permit and issue to the applicant a revised scope of work to be submitted for the new application.
(4) Section 106.5.2 is amended in its entirety to read as follows:
106.5.2 Fee schedule. Fees are to be paid in accordance with the provisions contained in International Building Code Sections 108.1, 108.2, and 108.4 through 108.6, and the fee schedule set by resolution and on file in the city clerk’s office, as now exists or is hereafter amended, deleted, added to, or modified.
(5) Section 301.7 is amended and supplemented by the addition of a new subsection 301.7.1 to read as follows:
301.7.1 Means of Disconnect. An approved, independent means of disconnect for the electrical supply to each piece of equipment shall be provided adjacent to and within sight of the service side of the equipment served when the supply voltage exceeds 50 volts.
(Ord. No. 90-33, §§ 48, 49, 2-13-90; Ord. No. 92-154, § 2, 11-17-92; Ord. No. 95-234, § 1, 6-6-95; Ord. No. 98-320, § 9, 9-15-98; Ord. No. 04-465, § 13, 10-5-04)
5-143 Appeals.
Appeals made from any ruling under this article, except rulings or decisions pertaining to enforcement of this article, shall be pursuant to FWCC 5-6. (Ord. No. 92-127, § 12, 2-4-92; Ord. No. 95-234, § 1, 6-6-95; Ord. No. 98-320, § 9, 9-15-98; Ord. No. 99-342, § 6, 5-4-99)
5-144 – 5-165 Reserved.
Article VII.
EXISTING BUILDINGS1Sections:
5-166 Codes adopted.
5-167 Appeals.
5-168 Amendments – International Property Maintenance Code.
5-169 – 5-215 Reserved.
5-166 Codes adopted.
The following codes, as presently constituted or as may be subsequently amended, are all adopted as amended, added to, or excepted in this chapter, together with all amendments and additions provided in this title, are adopted and shall be applicable within the city:
(1) 2003 Edition of the International Existing Building Code; and
(2) 2003 Edition of the International Property Maintenance Code, except Sections 106, 111, 303, 307, 308, and 507 are not adopted. (Ord. No. 98-320, § 10, 9-15-98; Ord. No. 04-465, § 14, 10-5-04)
5-167 Appeals.
Appeals made from any ruling under this article, except rulings or decisions pertaining to enforcement of this article or any of the codes adopted hereunder, shall be pursuant to FWCC 5-6. (Ord. No. 98-320, § 10, 9-15-98; Ord. No. 99-342, § 6, 5-4-99)
5-168 Amendments – International Property Maintenance Code.
(a) Section 102.3 is amended to read as follows:
Section 102.3 Application to other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with procedures and provisions of the International Existing Building Code and Chapter 1 FWCC, Article III, Civil Enforcement of Code. In the event of a conflict between the applicable provisions of this Code and Chapter 1 FWCC, Article III, the more restrictive shall apply. Nothing in this code shall be construed to cancel, modify, or set aside any provision of the Federal Way City Code.
(b) Section 103 is amended to read as follows:
Section 103.5 is deleted in its entirety.
(c) Section 107 is amended and supplemented to read as follows:
Section 107.1 Notice to person responsible. 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 107.2 and the applicable provisions of the Federal Way City Code Chapter 1, Article III, Civil Enforcement of Code.
Section 107.2 Form. Such notice prescribed in Section 107.1 shall be in accordance with FWCC 1-17. In addition to the information required by FWCC 1-17, the notice and order shall contain:
Delete items 1 – 6 from section 107.2 and replace with the following:
1. A statement that the building official has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of section 108 of this Code.
2. Statements advising that if any required repair or demolition work (without vacation being also required) is not commenced within the time specified, the building official:
(i) Will order the building vacated and posted to prevent further occupancy until the work is completed; and
(ii) May proceed to cause to be done and charge the costs thereof against the property or its owner.
Delete subsection 107.3 – 107.4.
(d) Section 108.1 is amended to read as follows:
108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be closed pursuant to the provisions of this code.
(e) Section 108.2 is amended and supplemented to read as follows:
108.2 Closing of Vacant Structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post the structure “Do Not Occupy” and order the structure to be closed up so as not to be an attractive nuisance. Upon failure of the owner to close up such premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource.
(f) Section 108.3 is amended and supplemented to read as follows:
108.3 Notice. Whenever the code official has closed a structure or locked out equipment under the provisions of this section, notice shall be posted in a conspicuous place in, on or about the structure or equipment affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with FWCC Chapter 1, Article III. The notice shall be in the form prescribed in section 107.2.
Every notice to vacate shall be issued, served and posted as an order to cease activity under FWCC 1-16.
(g) Section 108.4 is amended and supplemented to read as follows:
108.4 Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on or at each entry of the premises a placard indicating that the building is not fit for occupancy and other information determined relevant by the building official.
108.4.1 Placard removal. The code official shall remove the placard posted in accordance with the provisions of section 108 whenever the defect or defects upon which such action was based have been eliminated. Any person who defaces or removes the placard without the approval of the code official shall be subject to the penalties provided by this code.
(h) Add Section 108.6 to read as follows:
Section 108.6 Repair, Vacation and Demolition. The following standards shall be followed by the building official (and by the hearing examiner if an appeal is taken) in ordering the repair, vacation or demolition of any dangerous building or structure:
1. Any building declared a dangerous building under this Code shall be made to comply with one of the following:
1.1 The building shall be repaired in accordance with the current building code or other current code applicable to the type of substandard conditions requiring repair;
1.2 The building shall be demolished at the option of the building owner; or
1.3 If the building does not constitute an immediate danger to the life, limb, property or safety of the public it may be vacated, secured and maintained against entry.
2. If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated.
(i) Amend Section 202 to read as follows:
Delete the definitions of GARBAGE, INOPERABLE MOTOR VEHICLE, AND RUBBISH.
(j) Section 301.2 is amended to read as follows:
301.2 Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter.
(k) Section 302 is amended to read as follows:
Delete subsection 302.4 in its entirety.
(l) Section 304 is amended to read as follows:
Delete subsections 304.2, 304.8, 304.9, 304.14 – 304.18 in their entirety.
(Ord. No. 98-320, § 10, 9-15-98; Ord. No. 99-342, § 6, 5-4-99; Ord. No. 04-465, § 15, 10-5-04)
5-169 – 5-215 Reserved.
Article VIII.
SWIMMING POOLS – HOT TUBS – SPAS2Sections:
5-216 Reserved.
5-217 Compliance required.
5-218 Enforcement.
5-219 Violations and penalties.
5-220 Satisfactory alternate.
5-221 Retroactive effect.
5-222 Fences and gates – Required.
5-223 Fences and gates – Waiver for inaccessibility.
5-224 Fences and gates – Covered pools.
5-225 Excavation walls – Distance from slope – Walkway.
5-226 Appeals.
5-227 – 5-245 Reserved.
5-216 Reserved.
Editor’s note – Ord. No. 95-234, § 1, adopted June 6, 1995, deleted former § 5-216, relative to the adoption of the swimming pool, spa and hot tub code, which derived from Ord. No. 90-33, § 88, enacted Feb. 13, 1990; and Ord. No. 92-143, § 35, adopted June 16, 1992.
5-217 Compliance required.
All plans submitted to the city for swimming pools to be constructed shall show compliance with the requirements of this article, and final inspection and approval of all pools constructed shall be withheld until all requirements of this article have been complied with. (Ord. No. 90-56, § 5, 5-1-90; Ord. No. 95-234, § 1, 6-6-95)
5-218 Enforcement.
The building official is charged with the duty of enforcing this article and determining whether or not the provisions and requirements of this article have been complied with. Civil enforcement of the provisions of this article and the terms and conditions of any permit or approval issued pursuant to this article shall be governed by Chapter 1 FWCC, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the city including, but not limited to, criminal sanctions as specified herein or in Chapter 1 FWCC, Articles II, III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this article. (Ord. No. 90-56, § 9, 5-1-90; Ord. No. 95-234, § 1, 6-6-95; Ord. No. 99-342, § 6, 5-4-99)
5-219 Violations and penalties.
Any person violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day, or portion thereof, during which any violation of any of the provisions of this article is committed, continued, or permitted, and upon conviction of any such violation such person shall be punishable as provided in FWCC 1-13. (Ord. No. 90-56, § 8, 5-1-90; Ord. No. 95-234, § 1, 6-6-95)
5-220 Satisfactory alternate.
Notwithstanding any precise requirements of this article, 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 article, 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 article. Any person who seeks to obtain approval of any such alternate and who is denied approval by the building official may appeal his or her decision to a hearing examiner appointed by the city 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 such appeal shall be as provided in process I of Chapter 22 FWCC, Zoning. (Ord. No. 90-56, § 6, 5-1-90; Ord. No. 95-234, § 1, 6-6-95)
5-221 Retroactive effect.
Swimming pools, hot tubs and spas of a type subject to the provisions of this article which were in existence prior to the effective date of the ordinance from which this article was derived and where not provided with the safety requirement then in effect shall within six months from the effective date of this article be brought into conformity with the provisions and requirements of this article. Swimming pools, hot tubs and spas not brought into conformity within the period of time herein specified are hereby declared to be a public nuisance and public hazard, and the owner of the premises upon which such pool exists shall be subject to the penalties prescribed herein. (Ord. No. 90-56, § 7, 5-1-90; Ord. No. 95-234, § 1, 6-6-95)
5-222 Fences and gates – Required.
(a) Every person whether as owner, purchaser under contract, lessee, tenant or licensee in possession of land within the city upon which is situated a swimming pool, hot tub or spa in excess of 18 inches in depth, including portable pools, shall at all times maintain on the lot or premises upon which such pool is located and completely surrounding such pool, lot or premises, a fence or other solid structure designed to prevent small children from inadvertently wandering into the pool. Such fence or other solid structure shall be not less than five feet in height with no opening (other than doors or gates) except as follows:
(1) For a fence or other solid structure whose chief covering members are constructed in a vertical direction, there shall be no openings in a horizontal direction of more than four inches. For a fence of this type there shall be no more than three horizontal members.
(2) For a fence or other solid structure whose chief covering members are constructed in a horizontal direction there shall be no openings in a vertical direction.
(3) All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device designated to keep, and capable of keeping, such door or gate securely closed at all times when not in actual use and to prevent a small child from opening such door or gate; provided, however, that the door of any dwelling occupied by human beings, and forming any part of such enclosure, need not be so equipped.
(b) All latches or locking devices on doors or gates as required by this section shall be installed not less than four feet, six inches, above the adjoining walks, steps or ground level. No self-closing gate required by this section shall have a width in excess of four feet unless the design is specifically approved by the city building official. In no event shall a gate which serves a driveway qualify as a self-closing gate for the protection of swimming pools under the requirements of this section. (Ord. No. 90-56, § 1, 5-1-90; Ord. No. 95-234, § 1, 6-6-95)
5-223 Fences and gates – Waiver for inaccessibility.
The requirements of this article relating to a fence or other solid structure surrounding a swimming pool, hot tub or spa on all sides may be waived to the extent that the topographical features of the land upon which the pool is constructed or is proposed to be constructed are such as to make the land inaccessible and unapproachable from any portion thereof which is unfenced and unenclosed. (Ord. No. 90-56, § 2, 5-1-90; Ord. No. 95-234, § 1, 6-6-95)
5-224 Fences and gates – Covered pools.
(a) All permanent swimming pool covers shall be considered adequate enclosure protection as required in this article; provided, that:
(1) All exterior openings are constructed as required for gates;
(2) Exterior walls are solid and impenetrable. Pool cover structures shall conform to all requirements of the city building code in effect at the time of construction.
(b) All hot tub and spa covers shall be considered adequate enclosure protection as required by this article; provided, that when not in use, hot tubs or spas are covered by a solid cover capable of supporting 50 pounds. (Ord. No. 90-56, § 3, 5-1-90; Ord. No. 95-234, § 1, 6-6-95)
5-225 Excavation walls – Distance from slope – Walkway.
(a) Swimming pool excavations and swimming pools partially completed shall be protected and guarded against danger to life and property. Such excavations shall have walls of masonry or concrete of sufficient strength to retain the embankment together with any surcharged loads. No swimming pool or swimming pool excavation shall extend within one foot of the angle of repose or natural slope of the soil under any footing or foundation unless:
(1) Such footings or foundations are first properly pinned or protected against settlement; or
(2) The swimming pool wall is designed, through rational engineering analysis, to support the surcharge created by the building or structure resting on such footing or foundation.
(b) Notwithstanding the proximity of a swimming pool to a foundation or footing allowed by angle of repose, there shall be permanently maintained walkways between buildings and a swimming pool of not less than three feet in width. Diving boards and other permanently attached swimming pool accessories constructed along the perimeter of the pool shall in the aggregate not exceed five percent of the perimeter distance of the pool. (Ord. No. 90-56, § 4, 5-1-90; Ord. No. 95-234, § 1, 6-6-95)
5-226 Appeals.
Appeals made from any ruling under this article, except rulings or decisions pertaining to enforcement of this article, shall be pursuant to FWCC 5-6. (Ord. No. 92-127, § 9, 2-4-92; Ord. No. 95-234, § 1, 6-6-95; Ord. No. 99-342, § 6, 5-4-99)
5-227 – 5-245 Reserved.
Article IX.
MOVING BUILDINGS3Sections:
5-246 Purpose and scope.
5-247 Definitions.
5-248 Classification of movements.
5-249 Permit required.
5-250 Application for permit.
5-251 Fees.
5-252 Deposits – Insurance.
5-253 Conditions for issuance of permits.
5-254 Escort.
5-255 Time.
5-256 Lights.
5-257 Notice to utilities.
5-258 Condition of lot.
5-259 Appeal process.
5-260 – 5-319 Reserved.
5-246 Purpose and scope.
It is the purpose of this article to establish standards, including minimum requirements for the moving of all buildings and other structures within the corporate limits of the city, and to provide for the issuance of a permit, collection of various fees, and inspectional services for all such movements. (Ord. No. 90-34, § 1, 2-13-90; Ord. No. 95-234, § 1, 6-6-95)
5-247 Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Building shall mean and include every building, house, structure or other like object.
Housemover shall mean any person engaged in the business of moving houses, buildings, structures or other like objects.
Substantially remodeled shall mean any building when the total cost of all alterations or repairs (including without limitation electrical, mechanical, plumbing, and structural changes) to such building completed during any 12-month period from the date of application to move a building exceeds 60 percent of the assessed value of the building for purposes of general taxation. (Ord. No. 90-34, § 2, 2-13-90; Ord. No. 90-49, § 1, 3-20-90; Ord. No. 93-198, § 1, 12-7-93; Ord. No. 95-234, § 1, 6-6-95)
5-248 Classification of movements.
The movement of buildings under the provisions of this article shall be classified as follows:
(1) Class I move is the movement of any building from an origin outside the city to a destination within the city;
(2) Class II move is the movement of any building from one point within the city to another point within the city;
(3) Class III move is the movement of a building from a point within the city to a destination outside the city; and
(4) Class IV move is the movement of any building through the city with both an origin and destination outside the city. (Ord. No. 90-34, § 2, 2-13-90; Ord. No. 90-49, § 1, 3-20-90; Ord. No. 95-234, § 1, 6-6-95)
5-249 Permit required.
No person shall move any building over, upon, along or across any public street without a written permit therefor from the city for all such moves as classified and defined in this article. (Ord. No. 90-34, § 3, 2-13-90; Ord. No. 95-234, § 1, 6-6-95)
5-250 Application for permit.
Application for a permit under this article shall be furnished by the city. The application for permit shall contain, or have attached thereto the following information:
(1) Name and address of applicant;
(2) Location of building to be moved (present address if assigned);
(3) Location of proposed site to which building is to be moved (include legal description);
(4) Date and time requested for movement;
(5) Map or description of requested route to be taken;
(6) Height, width and length of building to be moved and truck or equipment to be used for moving the building; and
(7) Classification of movement. (Ord. No. 90-34, § 4, 2-13-90; Ord. No. 95-234, § 1, 6-6-95)
5-251 Fees.
(a) Every applicant before being granted a permit under this division shall pay an application filing fee as shall be established from time to time by the city and on file in the office of the city clerk.
(b) For any application for a Class I or II move under this article, there shall be charged and collected an inspection fee in an amount as shall be established from time to time by the city and on file in the office of the city clerk. (Ord. No. 90-34, § 5(A), (B), 2-13-90; Ord. No. 95-234, § 1, 6-6-95)
5-252 Deposits – Insurance.
An application for a permit under this article 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 building official 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 building official 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 building official determines necessary conditioned upon the permittee, 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 article, the building code, the zoning ordinance, the other ordinances then in effect within the city, including but not limited to permittee 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 article. (Ord. No. 90-34, § 5, 2-13-90; Ord. No. 95-234, § 1, 6-6-95)
5-253 Conditions for issuance of permits.
As a condition of securing the permit for a Class I or II move:
(1) The permittee shall furnish the city with a set of plans and specifications for the completed building to include a plot plan showing in detail the placement of the proposed structure upon the lot within the city. Class I and Class II residential buildings which are substantially remodeled and all nonresidential buildings shall meet all requirements set forth in this Code for new structures;
(2) The permittee shall provide certification of sewer and water availability from the local utility or site approval for installing a private sewer system (septic system); and
(3) Class I and Class II buildings shall be inspected by the city before they are moved. Residential buildings shall be inspected for compliance with minimum housing standards as required by the Uniform Housing Code as adopted by the city pursuant to Article VI, “housing standards” of this Code. Substantially remodeled residential buildings and nonresidential buildings shall be inspected for compliance with those regulations set forth in this Code that apply to new structures. (Ord. No. 90-34, § 6, 2-13-90; Ord. No. 93-198, § 2, 12-17-93; Ord. No. 95-234, § 1, 6-6-95)
5-254 Escort.
For Class I, II, III and IV moves, the housemover shall provide at least two off-duty police officers or other appropriate agency employees which provide an escort service for the purpose of regulating traffic along the route such building is being moved; provided, that any such police or special agency escort shall be at the expense of the housemover in addition to any other fees or deposits heretofore required. No variances of the provisions of the permit shall be permitted by the escort. (Ord. No. 90-34, § 7(A), 2-13-90; Ord. No. 95-234, § 1, 6-6-95)
5-255 Time.
Time of the movement of buildings shall be designated by the city. Every permit issued under this article shall become and be void unless such removal shall be completed and the building removed from the public right-of-way within the time specified in the application for such permit; provided, however, that the city may extend such time when the moving of any building is rendered impractical by reason of inclemency of the weather, strikes or other causes not within the control of the housemover. (Ord. No. 90-34, § 7(B), 2-13-90; Ord. No. 95-234, § 1, 6-6-95)
5-256 Lights.
No person moving any building over, upon, along or across any public street shall fail, neglect or refuse to keep a red light (or such other devices as the city may require) at all times at each corner of such building and at the end of any projection thereon while the same is located in or upon any public street. (Ord. No. 90-34, § 7(C), 2-13-90; Ord. No. 95-234, § 1, 6-6-95)
5-257 Notice to utilities.
Before any building shall be moved the housemover shall give written notice to the public utilities or agencies designated in the application not less than three days in advance of the proposed move. (Ord. No. 90-34, § 7(D), 2-13-90; Ord. No. 95-234, § 1, 6-6-95)
5-258 Condition of lot.
After the completion of any Class II or III move the area or lot upon which the structure was formerly located shall be cleaned up and satisfactorily graded; the sanitary sewer connection, if one exists, shall be plugged and marked; the water meter shall be removed and the line satisfactorily capped and marked; the electrical and telephone lines removed; and all trash removed therefrom to the satisfaction of the building official. (Ord. No. 90-34, § 7(E), 2-13-90; Ord. No. 95-234, § 1, 6-6-95)
5-259 Appeal process.
Any appeals of any decision rendered pursuant to this article shall be made to a hearing examiner appointed by the city. Procedural rules concerning appeals shall be as provided in process I of Chapter 22 FWCC, Zoning. (Ord. No. 95-234, § 1, 6-6-95)
5-260 – 5-319 Reserved.
Article X.
ELECTRICAL CODE4Sections:
5-320 Electrical codes adopted.
5-321 Effect of chapter on existing wiring.
5-322 Amendments.
5-320 Electrical codes adopted.
(a) Adoption by reference. The following codes as presently constituted or as may be subsequently amended, are all adopted as amended, added to, or excepted in this chapter, together with all amendments and additions provided in this title, and shall be applicable within the city:
(1) The National Electrical Code (NEC), 2002 Edition, as published by the National Fire Protection Association;
(2) The laws, rules and regulations for installing electrical wiring and equipment set forth in Chapter 19.28 RCW;
(3) The following chapters of the Washington Administrative Code:
a. Chapter 296-43 WAC, Heating Installation;
b. Chapter 296-45 WAC, Safety Standards, Electrical Workers;
c. Chapter 296-46(B) WAC, Electrical Safety Standards, Administration, and Installation.
(b) Purpose. This chapter is enacted as an exercise of police power of the city for the benefit of the public at large. It is not intended to create a special relationship with any individual, or individuals, or to identify and protect any particular class of persons. The purpose of this chapter is to provide minimum standards to safeguard life or limb, health, property and public welfare, by regulating and controlling building construction and work related thereto. (Ord. No. 95-232, § 1, 4-18-95; Ord. No. 98-320, § 13, 9-15-98; Ord. No. 04-465, § 16, 10-5-04)
5-321 Effect of chapter on existing wiring.
The provisions of this chapter are not intended to apply to electrical installations in existence at the time of its adoption, except in those cases which, in the opinion of the building official, are found to be dangerous to life or property, and except as is otherwise specifically provided in this chapter. (Ord. No. 95-232, § 1, 4-18-95; Ord. No. 98-320, § 13, 9-15-98)
Editor’s note – Ordinance No. 98-320, § 13, adopted September 15, 1998, deleted § 5-321 and renumbered § 5-322 as § 5-321. Formerly, such section pertained to display of working permit and derived from Ord. No. 95-232, § 1, 4-18-95.
5-322 Amendments.
The following amendments to the codes adopted in FWCC 5-320 are hereby adopted:
Section 204 of the Uniform Administrative Code, as adopted by this chapter, is hereby amended to read as follows:
(1) Section 204. Appeals.
204.1 General. Appeals of decisions or determinations made by the building official relative to the application and interpretation of this Code, except orders, rulings or decisions pertaining to enforcement of this Code, shall be made to the hearing examiner pursuant to FWCC 5-6.
204.2 Limits of Authority. The hearing examiner shall have no authority relative to the interpretation of the administrative provisions of this Code nor shall the hearing 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 any permit or approval issued pursuant to this Code shall be governed by Chapter 1 FWCC, Article III, Civil Enforcement of Code, Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the city including, but not limited to, criminal sanctions as specified herein or in Chapter 1 FWCC, Articles II, III, 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 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 following:
1. Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug 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 same type and rating in the same locations.
3. Temporary decorative lighting.
4. Repair or replacement of current-carrying parts of any switch, contractor or control device.
5. Reinstallation of attachment plug receptacles, but not the outlet therefor.
6. Repair and replacement of any over current device of the required capacity 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 joints.
9. Removal of electrical wiring.
10. Temporary wiring for experimental purposes in suitable experimental laboratories.
11. The wiring for temporary theater, motion picture or television stage sets.
12. A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its functions as a serving utility.
Exemption from the permit requirements of this Code shall not be deemed to grant authorization for any work to be done in violation of the provisions of this Code or any other laws or ordinances of the jurisdiction.
(Ord. No. 95-232, § 1, 4-18-95; Ord. No. 98-320, § 13, 9-15-98; Ord. No. 99-342, § 6, 5-4-99)
Footnotes
1 Editor’s note – Ordinance No. 98-320, § 6, adopted September 15, 1998 deleted §§ 5-166, 5-167 and added a new article, §§ 5-166 – 5-168. Formerly, such article pertained to housing standards and derived from Ord. No. 90-33, §§ 74, 75, 2-13-90; Ord. No. 92-127, § 6, 2-4-92; Ord. No. 92-143, § 32, 6-16-92; Ord. No. 95-234, § 1, 6-6-95.
2 Editor’s note – Ordinance No. 98-320, § 11, adopted September 15, 1998, deleted article VII, §§ 5-191 – 5-193 and renumbered article VIII as article VII. Formerly, such sections pertained to unsafe, dilapidated, dangerous buildings and derived from Ord. No. 90-33, §§ 81 – 86, 2-13-90; Ord. No. 92-127, § 8, 2-4-92; Ord. No. 92-143, § 34, 6-16-92; Ord. No. 95-234, § 1, 6-6-95.
3 Editor’s note – Ordinance No. 98-320, § 11, adopted September 15, 1998, renumbered Article IX as Article VIII.
4 Editor’s note – Ordinance No. 98-320, §§ 12, 13, adopted September 15, 1998, deleted Article X, §§ 5-281 – 5-284 and renumbered Article XI as IX. Formerly, such article pertained to signs and derived from Ord. No. 90-33, §§ 77 – 79, 2-13-90; Ord. No. 92-127, § 7, 2-4-92; Ord. No. 92-143, § 33, 6-16-92; Ord. No. 95-234, § 1, 6-6-95.
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