Chapter 13.11 GENERAL

(1) The express intent of the city council is that responsibility for compliance with the provisions of this title shall rest exclusively with the permit applicant and their agents.

(2) The city council expressly recognizes there are limited public funds available for implementation and enforcement of the provisions of this title. 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 title are those which, in the judgment of the city council, best protect the overall health, safety and welfare interests of the public.

(Ord. No. 13-743, § 3, 6-4-13.)

13.11.050 Purpose.

The purpose of this title is to adopt construction standards as authorized and mandated by Chapters 19.27, 19.27A, and 19.28 RCW as well as other Washington State laws regulating construction and the use of buildings and structures in order to promote the health, safety and welfare of the occupants or users of buildings and structures and the general public by the provision of building codes throughout the state. Accordingly, this chapter is designed to effectuate the following purposes, objectives, and standards:

(1) To require minimum performance standards and requirements for construction and construction materials, consistent with accepted standards of engineering, fire and life safety.

(2) To require standards and requirements in terms of performance and nationally accepted standards.

(3) To permit the use of modern technical methods, devices and improvements.

(4) To eliminate restrictive, obsolete, conflicting, duplicating and unnecessary regulations and requirements which could unnecessarily increase construction costs or retard the use of new materials and methods of installation or provide unwarranted preferential treatment to types or classes of materials or products or methods of construction.

(5) To provide for standards and specifications for making buildings and facilities accessible to and usable by physically disabled persons.

Codes and regulations adopted in this title 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. 13-743, § 3, 6-4-13.)

13.11.060 Conflicts.

In case of conflict among the codes enumerated in subsections (1), (2), (3), (4), (5), and (6) of this section, the first named code shall govern over those following.

(1) The International Building Code, published by the International Code Council, Inc.;

(2) The International Residential Code, published by the International Code Council, Inc.;

(3) The International Mechanical Code, published by the International Code Council, Inc., except that the standards for liquefied petroleum gas installations shall be NFPA 58 (Storage and Handling of Liquefied Petroleum Gases) and ANSI Z223.1/NFPA 54 (National Fuel Gas Code);

(4) The International Fire Code, published by the International Code Council, Inc., including those standards of the National Fire Protection Association specifically referenced in the International Fire Code; provided, that, notwithstanding any wording in this code, participants in religious ceremonies shall not be precluded from carrying handheld candles;

(5) Except as provided in RCW 19.27.170, the Uniform Plumbing Code and Uniform Plumbing Code Standards, published by the International Association of Plumbing and Mechanical Officials; provided, that any provisions of such code affecting sewers or fuel gas piping are not adopted;

(6) The International Existing Building Code, published by the International Code Council, Inc.

(Ord. No. 17-830, § 2, 1-17-17; Ord. No. 13-743, § 3, 6-4-13.)

13.11.070 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 title.

(Ord. No. 13-743, § 3, 6-4-13.)

13.11.080 Appeals.

Appeals of orders, decisions and determinations of the building official that do not constitute enforcement actions shall be heard and decided by the city of Federal Way hearing examiner. Enforcement actions shall be brought pursuant to the provisions of FWRC Title 1. To the extent the codes adopted by reference in this title refer to a “board of appeals” or a “building board of appeals,” those references shall be deemed to refer to the city of Federal Way hearing examiner. An appeal does not lift or stay an order to cease activity.

(Ord. No. 13-743, § 3, 6-4-13.)

13.11.082 Limitations on appeals.

An appeal under this chapter shall be based on a claim that the true intent of code or regulations legally adopted hereunder has been incorrectly interpreted or applied or that the provisions of this chapter or the technical codes do not apply or that an equally good or better form of construction, method of protection or safety is proposed. An application for appeal shall be based on a claim that an equally good or better form of construction is proposed. The hearing examiner shall have no authority to waive requirements of code, nor decide issues regarding fees assessed.

(Ord. No. 13-743, § 3, 6-4-13.)

13.11.084 When to appeal and appeal fee.

An appellant shall file a written appeal of the order, decision or determination of the city of Federal Way building official within 14 days of the date of the decision of the building official. An appellant shall pay an appeal fee consistent with the fee schedule maintained by the city clerk. The appeal fee may be refunded to the appellant should the appellant prevail before the hearing examiner.

(Ord. No. 15-785, § 1, 2-17-15; Ord. No. 13-743, § 3, 6-4-13.)

13.11.086 Contents of notice of appeal.

The appeal shall contain a clear reference to the matter being appealed and a statement of the specific elements of the building official’s order, decision or determination disputed by the appellant.

(Ord. No. 13-743, § 3, 6-4-13.)

13.11.088 Notice of the appeal hearing.

(1) The building official shall prepare a notice of the appeal hearing containing the following:

(a) The file number and a brief description of the matter being appealed;

(b) A statement of the scope of the appeal including a summary of the elements of the building official’s order, decision or determination that are contested in the appeal;

(d) A statement of who may participate in the appeal.

(2) At least 14 days before the hearing on the appeal, the building official shall send a copy of the notice of appeal hearing to each person who has appealed the building official’s order, decision or determination.

(Ord. No. 13-743, § 3, 6-4-13.)

13.11.090 Participation in the appeal.

Only those parties who have appealed the building official’s order, decision or determination may participate in the appeal. Appellants may participate in either or both of the following ways:

(1) By submitting written comments or testimony to the hearing examiner prior to the commencement of the hearing; or

(2) By appearing in person, or through a representative, at the hearing.

(Ord. No. 13-743, § 3, 6-4-13.)

13.11.092 Scope of appeal.

The appeal will be an open record appeal hearing. The scope of the appeal is limited to the specific elements of the building official’s order, decision or determination disputed by the appellant and the hearing examiner shall only consider comments, testimony and arguments on these specific elements. The city and the appellant may participate as parties in the hearing and each may call witnesses. An appeal does not lift or stay an order to cease activity.

(Ord. No. 13-743, § 3, 6-4-13.)

13.11.094 Record of appeal hearing.

The city shall make an electronic sound recording of the hearing.

(Ord. No. 13-743, § 3, 6-4-13.)

13.11.096 Decision on the appeal.

The hearing examiner shall consider all information and material within the scope of the appeal submitted by persons entitled to participate in the appeal. Based on the hearing examiner’s findings and conclusions, the hearing examiner may affirm, reverse or modify the order, decision or determination being appealed. The hearing examiner shall issue his or her decision within 15 days of the appeal hearing. Within five business days after it is issued, the hearing examiner’s decision shall be mailed to the applicant and to each person who has requested notice of the decision. The decision by the hearing examiner is the final decision of the city.

(Ord. No. 13-743, § 3, 6-4-13.)

13.11.098 Judicial review.

Any judicial appeal of the hearing examiner’s decision shall be reviewed in King County superior court pursuant to Chapter 36.70C RCW, the Land Use Petition Act (“LUPA”). The land use petition must be filed within 21 calendar days of the issuance of the hearing examiner’s decision.

(Ord. No. 13-743, § 3, 6-4-13.)

13.11.100 License required.

An application for permit may be issued under this section to a properly licensed person or owner in conformance with current state contractor licensing laws, Chapter 18.27 RCW.

(Ord. No. 13-743, § 3, 6-4-13.)

13.11.110 Enforcement.

(1) All violations of this title or the codes adopted under this title are found to be detrimental to the public health, safety, and welfare, and are declared public nuisances. The building official has the authority to adopt rules and regulations to carry out the provisions of this title and has the authority to administer and enforce all rules and regulations of this title. It is unlawful to violate or fail to comply with any provision, rule or regulation of this title.

(2) 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 1.15 FWRC, 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 Chapters 1.10 and 1.15 FWRC, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this Code.

(Ord. No. 14-772, § 1, 8-12-14; Ord. No. 13-743, § 3, 6-4-13.)

13.11.115 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 FWRC 1.15.030.

(Ord. No. 13-743, § 3, 6-4-13.)

13.11.120 Abatement of violation.

The imposition shall be as prescribed in FWRC Title 1. Any person who shall continue any work after having been served with an order to cease activity, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.

(Ord. No. 13-743, § 3, 6-4-13.)