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06/14/04 AGENDA
FILE 239 4Ih Streel · Bremerfon, WA 98337 · Phone (360) 478-5280 · Fax (360) 478-5251 MONDAY, JUNE 14, 2004 CITY COUNCIL MEETING AGENDA 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M, in Council Conference Room A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in Council Chambers A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA A. Claims & Check Register (#AB04-103) B. Minutes of Meeting - May 26, 2004 (#AB04-104) C. Acceptance of Public Works Trust Fund Loan (PWTF), and 2 Drinking Water State Revolving Fund (DWSRF) Loans (#AB04-105) 4. MAYOR'S REPORT 5. NEW BUSINESS A. Bid Award to SHINST[NE & ASSOCIATES, LLC for Construction of Fire Station No. 1 (#AB04- 06) 6. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS A. Ordinance [First Reading] amending BMC Chapter 21.02 Appendix Figure 152(b) to correct boundaries relating to Building Heights (#AB04-107) B. Ordinance [First Reading] repealing BMC Section 21.02.750 relating to Open Space Requirements for Residential and Commercial Development (#AB04-108) C. Ordinance [First Reading] adopting the International Fire Code with local amendments (#AB04-109) D. Ordinance [First Reading] adopting the International Building Code, the International Residential Code, the International Mechanical Code and the Uniform Plumbing Code (#AB04-110) E. Resolution No. 2929, authorizing a State Revolving Fund (SRF) Loan (#AB04-111) '7 F. Resolution No. 2930 approving the assignment and conveyance of the Comprehensive Garbage, Recyclables, and Yard Debris Contract from RABANCO, LTD (dba KITSAP DISPOSAL) to WASTE MANAGEMENT, INC. (dba BREM-AIR DISPOSAL) (#AB04-112) 7. PUBLIC RECOGNITION - Comments limited to 3-minutes 8. COUNCIL MEMBER REPORTS 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING E-mai!: citycounciJ@ci.bremerton.waus · Web: wwv<ci.bremerton wa.us DATE SUBMITTED: BILL AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Approval of Claims and Checks Committee Meeting Date: Register COUNCIL MEETING Date: Department: Financial Services Presenter: Cathy Johnson Phone: 473-5296 SUMMARY: Consent agenda item. Approval of payroll, checks and electronic fund transfers. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount):. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: I OPERATIONS: CONSENT AGENDA [] COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to Approve: 1) Check #'s c~///t/~ ~ through_,,~¢r/~/'r/~ .and EFT's ~'~.~" through_ ? ~)~>o~ ~ ~.. in the amount of$ 7/)~/ 2) Regular Payroll for the pay period ending in the amount of $ 3) Retiree Payroll for the pay period ending_ in the amount of $_ COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action DATE SUBMITTED: 6/3/04 BILL #~~ AGENDA BILL 3 B CITY OF BREMERTON CITY COUNCIL SUBJECT: Minut&s of'Meeting - Committee Meeting Date: N/A Hay 26, 2004 COUNCIL MEETING Date: ,lane 9, 2004 Department: City Council Presenter: Daren Nygren, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held May 26, 2004. ATTACHMENTS: Minutes for May 26, 2004 FISCAL IMPACTS (Include Budgeted Amount): 0 APPROVAL S: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: CONSENT AGENDA COUNCIL PRESIDENT: ~ ~ RECOMMENDED MOTION: Move to pass the Consent Agenda as presented TAPES #1950 & #1951 CITY COUNCIL MEETING MINUTES Wednesday, May 26, 2004 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4~h Street, Bremerton, Washington, Wednesday, May 26, 2004, at 5:30 P.M., with Council President Daren Nygren presiding. Council members present were Mike Short, Wilt Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, Cecil McConnell, and Brad Gehring. Aisc present were City Attorney Roger Lubovich; Interim City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil UcConnell, followed by the invocation provided by Ethyl Mae Nelson, Associate in Ministry at Qur Saviour's Lutheran Church. President NyRren made the following announcements: 1. The Pre-Council session was held in the Council Conference Room from 5:00 to 5:30 PM; 2. Effective June 2nd, the Council will be on a new meeting schedule, with regular Council business meetings ~)n t, he 1st a,n~d 3"d Wednesdays of each month; and limited-agenda Council meetings on the 2% 4 ', and 5' ( f app cab e) Wednesdays of each month, with a meet ngs beginning at the usual time of 5:30 PM; and 3. Item 60 under "PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS" will be moved up on the agenda tonight and heard first as Item GA. CONSENT AGENDA A. Check numbers 290773 through 290972 and EFT-8203 through EFT-8206 in the amount of $1,249,799.53 on the Master Check Register; and Regular Payroll for the pay period ending May 15, 2004 in the amount of $894,887.32 (#AB04-091) B. Hiring of Patric J. Coxon as Wastewater Manager at Pay Band 15, Rate 7 (#AB04-092) C. Supplement No. 1 to Professional Services Agreement with PARAMETRIX, INC. for SR304 Transportation Improvement Project, Missouri Gate Phase (#AB04-093) #0040 M/S/C/U (PriestJMcConnell) Move to approve the Consent Agenda as presented. MAYOR'S REPORT · Reported that Bremerton was recognized in the June issue of MONEY magazine as one of the top five "Up & Coming" cities in the United States with populations less than 250,000; · Was pleased with the ongoing park improvements at the corner of 11th & Warren Avenues; · Announced that a contractor will be chosen soon for the Eastpark Development; and · Expressed his support for several issues on the Council agenda tonight. 6C - ORDINANCE [FIRST READING] ESTABLISHING A CITY OF BREMERTON ARTS COMMISSION AND "1% FOR THE ARTS" PROGRAM FOR CITY-FUNDED CAPITAL PROJECTS (#AB04-095): RoRer Lubovich, City Attorney, said that public art is recognized as a stimulus to the vitality, economy, and culture of our community, enhancing the quality of life for all citizens because of its public nature. The proposed ordinance establishes a City of Bremerton Arts Commission and a One Percent (1%) for Arts Program for the City. Further, the proposed ordinance establishes procedures for the acquisition and display of art for the One Percent (1%) for Arts Program. Ms. Priest emphasized that public art can create a sense of place, identity, character, and beauty, and that this ordinance addresses the need for public art in Bremerton; and added that if a program were established, the City could then pursue additional grant funding and encourage private donations, 2 TAPES #1950 & #1951 City Council Reg. Mtg. Minutes May 26, 2004 Page 2 of 6 Helen Miller felt it was irresponsible to ask tax-payers to fund arts projects when more police officers and firefighters were needed. Allen Shute agreed with the comments made by Ms. Miller, but would rather see any extra money used to help the homeless. Ed Rollman asked for this item to be delayed until an "art survey" could be conducted to identify issues specific to our community; and raised concerns over title ownership of the art, maintenance costs, and school involvement. Lynn Horton, President of the WEST SOUND ARTS COUNCIL, spoke of the many positive aspects for having public art in a community, and urged the Council to support this ordinance. Additionally, the following members of the public spoke in favor of the proposed ordinance... Gwendolyn Atwood, Ken Van der Does, and Gall Goodrich, members of the Kitsap County Arts Commission; Susan Sweetwate(; Don Wesley; Patrick Romney; Robert Kelly; H. Emily Moshay; Cynthia Cruver, John Lyle, Michael Hosea; Laura Boyle; Amy Burnett; Au,qusta Asberry; and Marnie Swenson. Mr. Maupin, Mr. Shepherd, and Mr. Ny,qren discussed their reasons for supporting this proposed ordinance; however, Mr. McConnell, Ms. Robinson, Mr. Gehrin.q, Mr. Short, and Mrs. Arends provided comments to explain that although they supported the arts, they could not suppod the proposed ordinance as it was currently written. A question was also raised regarding the exclusion of the performing arts. Ms. Priest responded that although performing arts and film festivals were wonderful things, she believed public funds needed to be spent on something sustainable, something that people will enjoy for a long, tong time. And in response to comments that there were "holes" in the ordinance, she explained that certain details were left out to allow flexibility in the formation of the Arts Commission. Lastly, she elaborated on the intended use of an Advisory Committee, and explained that this money could not be used for public safety, but for capital projects. #3034 M/S/F (Priest/Shepherd) Move to approve the proposed ordinance on first reading, as amended. Voted in favor of Motion: Priest, Shepherd, Maupin, Nygren Voted opposed to Motion: McConnell, Robinson, Arends, Short, Gehring Motion fai~ed: 4-Yes; 5-No 6A - ORDINANCE NO. 4898 [SECOND READING[ RELATING TO UNAUTHORIZED CAMPING, PARKING RESTRICTIONS IN PUBLIC RIGHTS-OF-WAY~ AND ENFORCEMENT OF PARKIN~ INFRACTIONS (#AB04-075): The first reading of this ordinance was heard May 19, 2004. Alien Shute asked if a record of complaints would be kept by DIAMOND PARKING. .Paula Johnston, Interim City Clerk, clarified that DIAMOND PARKING keeps a log of all calls received. #3235 M/S/C/U (Maupin/Arends) Move to pass Ordinance No. 4898 on second reading. 6B - ORDINANCE [FIRST READING] AMENDING BREMERTON MUNICIPAL CODE 21.02 RELATING TO NOTICE REQUIREMENTS FOR FINAL SUBDIVISION PLATS (#AB04-094): Roqer Lubovich, City Attorney, explained that Chapter 21.O2 BMC requires technical corrections to Section 21.02.850 and Appendix Figures 840 and 895 (a) in order to correct the hearing requirements relating to final subdivision plats These decisions are subiect to a City Council ciosed record decision rather than an Administrative Hearing Examiner open record public hearing as currer~fly noted. The proposed ordinance makes the necessary corrections. TAPES #1950 & #1951 City Council Reg. Mtg. Minutes May 26, 2004 Page 3 of 6 There were no comments from the public. Mr. Lubovich clarified for Mr. McConnell that Council may still hold open record hearings, but this revision is to addresses the scenario when a Hearing Examiner provides recommendations to Council regarding project permits, which should be discussed in a closed record hearing. #342? M/S/C/U (Short/Arends) Move to approve the proposed ordinance on first reading. 6D ORDINANCE ]FIRST READING] RELATING TO THE RESTRUCTURING OF THE "DEPARTMENT OF FINANCE" AND "DEPARTMENT OF ADMINISTRATIVE SERVICES" INTO THE "DEPARTMENT OF FINANCIAL SERVICES"; AND CREATING A NEW POSITION OF FINANCE OFFICER AT SALARY BAND 16; AND NEW JOB DESCRIPTIONS FOR THE POSITIONS OF "DIRECTOR OF FINANCIAL SERVICES", "CITY CLERK", "ASSISTANT FINANCE OFFICER", AND "BUDGET ANALYST"; AND APPROVE A BUDGET ADJUSTMENT TO INCREASE THE DEPARTMENT OF FINANCIAL SERVICES IN THE AMOUNT OF $40,000 (#AB04-096): Mayor Cary Bozeman stated that the purpose of this proposal is to combine the Departments of Administrative Services and Finance into the new Department of Financial Services. This new department would be comprised of the divisions of Finance, Office of the City Clerk, BKAT, and information Technology. In order to accommodate the restructuring of the Department, the new position of Finance Officer needs to be created, and new job descriptions for the position of Director of Financial Services, City Clerk, Assistant Finance Officer, and Budget Analyst need to be approved. There were no commenfs from the public. Mr. Short asked for an edit error to be corrected, and noted this proposal was a compromise. Mr. Maupin explained that a Committee comprised of himself, Mike Short, and Cecil McConnell held many discussfons between themselves and with the Finance Department to come up with what he believed to be the best solution to solve the current problems, and agreed this was a compromise. He added that he also believed that the Departments could be combined under one Department Head. Mr. McConnell clarified that the proposat was not actually "combining" two departments, but rather "reorganizing" them under one title. Mrs. Arends referred to the $40,000 noted under the "Fiscal impact" to the budget, and asked what the money was for. Mr. Wilson replied the money was going to pay for the addition of the Finance Officer position for the remaining 5-month period. Mrs. Arends believed that a "gentleman's agreement" was made during the budget sessions last year that if any additional money was found, it would be used to restore what was lost, or to reinstate the step increases to Management and Professional Staff salaries that were not funded. Mr. Bozeman clarified that the $40,000 was to restore a cut that was made to this Department two years ago. Mr. McConnell corrected him and stated the intention of this proposal was to fund the Assistant Finance Officer position. Mr. Wilson explained that currently, the City has an Assistant Treasurer position which will be renamed the Assistant Finance Officer; and then a new Finance Officer position will be established. He went on to state that because the Council eliminated the Director of Administrative Services position, he has taken on those duties; and with the departure of the Treasurer Rich Hanna, a professional finance position has been missing, which will be restored with the addition of a Finance Officer position. Mr. McConnell stated that he misunderstood this intention during the s~udy of this issue, and had believed the $40,000 was to upgrade the Assistant Treasurer to a Finance Officer TAPES #1950 & #1951 City Council Reg. Mtg. Minutes May 26, 2004 Page 4 of 6 Mr. Gehrin.q asked for clarification regarding the organization charts shown on pages 35 and 36 in the proposal. Mr. Wilson clarified that the "Organization Chart" shows the organization structure by outlining the Department functions; and the other chart is a "Staffing Chart" lists the positions that would be filled in the Department. Mr. Ny.qren pointed out that he has requested the Fiscal & Budget Committee to review the possibility of restoring Management and Professional Staff pay increases. #0t50 MISlCIU (McConnell/Maupin) Move to approve the attached ordinance on first reading, creating the new Department of Financial Services. Voted in favor of Motion: Shepherd, Robinson, Maupin, Short, McConnell, Priest, Nygren Voted opposed to Motion: Arends, Gehring Motion passed: 7-Yes; 2-No 6E - RESOLUTION NO. 2926 ADOPTING NEW COUNCIL RULES AND PROCEDURES J#AB04-097): City Attorney Roger Lubovich stated that the City Council desires to update the Rules and Procedures for the City Council. The proposed resolution repeals Resolution No. 2772 and adopts new Rules and Procedures for the City Council to conduct orderly business. Mr. Lubovich also pointed out the highlights of the changes, as well as several corrections that were made to the Resolution. There were no comments from the public. Mr. McConnell supported the proposed changes, but asked for each of the weekly meetings to be televised, even the limited-agenda meetings. Mrs. Arends agreed that the Council should continue to televise all portions of the meetings, particularly when voting takes place. TAPE #1951 Mr. Lubovich stated that an amendment would be made to provide that both the full-agenda and limited-agenda meetings shall be televised unless otherwise provided by the Council. Mr. Shepherd clarified that even though Tuesday night sessions are being moved to Wednesdays, there is still an inexhaustible amount of work for Council Members to do, which will not change, and it will just mean that meetings will be longer because more business will have to be done in one night. Mr. Lubovich added that the amendment regarding televising Council Meetings would also be placed under Rule 5 of the Council Rules & Procedures. Mr. Maupin reminded the public that with the exception of "Executive Meetings", all Council meetings, whether held in the Council Chambers or Conference Room, are open to the public. Mr~ Nygren added that the Conference Room allows for a less formal and more productive atmosphere. Mr. Short stated that this was an issue of appearance, and that voting in public provides a public service, and it is only possible to televise a meeting when held in the Chambers. Mr. Robinson pointed out a language correction regarding items of business. #0615 M/S/C/U (McConnell/Shod) Move to approve Resolution No. 2926, as amended, on first reading, repealing Resolution No. 2774, and adopting new Rules & Procedures for the City Council to conduct orderly business. TAPES #1950 & #1951 City Council Reg. Mtg. Minutes May 26, 2004 Page 5 of 6 6F - CLOSED RECORD HEARING ON PROPOSED RESOLUTION NO. 2927~ APPROVING AND ADOPTING THE FINDINGS~ CONCLUSIONS~ AND RECOMMENDATIONS OF THE ADMINISTRATIVE HEARING EXAMINER TO APPROVE THE PRELIMINARY PLANNED UNIT DEVELOPMENT AND PLAT FOR CAMPBELL WAY TOWN HOMES (#AB04-098): Chris Huqo, Director of Community Development, reiterated that the project included a preliminary Planned Unit Development and plat (File No. BP03-00213) to subdivide ~99 acres into 14 individual lets in order to construct 14 townhouses at 1207 Campbell Way. The Hearing Examiner recommended fifteen (15) conditions to be imposed for final plat approval. RoRer Lubovich, City Attorney, emphasized that this was a Closed Record Hearing, so no new testimony would be permitted; staff would present the recommendation of the Hearing Examiner; and the public would be provided an opportunity to speak only if conditions for the project have not been met. Mr. Ny.qren read the Appearance of Fairness doctrine... Ms. Priest revealed that the developer for this project is a client of the firm she works for. M.._[. Shepherd mentioned he has had several conversations with citizens involved in this issue, but has not discussed this situation specifically. Mr. Lubovich excused Ms. Priest, due to a conflict with the "Appearance of Fairness" doctrine, but allowed Mr. Shepherd to remain for the hearing. Ms. Priest recused herself from the meeting at 8:00 P.M. Mr. Huqo provided testimony on the conditions required by the Administrative Hearing Examiner. Mr. McConnell and Mr. Short referred to sections of the Resolution where they required additional clarification; and also addressed liability issues. Mr. Shepherd added additional comments, padicularly because this development would be located in his District. #1405 M/S/C/U (Shepherd/McConnell) Move to pass Resolution No. 2927 approving and adopting the Findings, Conclusions, and Recommendation of the Administrative Hearing Examiner and approve the preliminary Planned Unit Development and plat for CAMPBELL WAY TOWN HOMES subject to the proposed conditions. PUBLIC RECOGNITION - There were no comments from the public tonight. Will Maupin left the meeting at approx. 7:50 P.M. and did not return. COUNCIL MEMBER REPORTS Carol Arends commented that she recently returned from an enjoyable 2-week vacation Mike Shepherd thanked Jim Spencer for his presentation on the Parks & Recreation Department at the last District 5 Neighborhood meeting May 20; and discussed a meeting he participated in with fellow Council member Dianne Robinson and Dr. Mitchell of Olympic College regarding the affect of the planned expansion by Olympic College. Cecil McConnell indicated that because of the AWC Conference the week of June 15 through 18, he and Brad Gehdng will reschedule the District I & 2 Town Meeting that was to be held June 17. Brad Gehrinq was honored to be a part of the Armed Forces Day Parade held last week; commented on the significant meaning for Memorial Day, and noted that he would be the guest speaker at a monument dedication and flag raising event to honor armed forces, POW's, and M!&% this Saturday, May 29 at 1:00 PM at Destination Harley in Siiverdate 6 TAPES #1950 & #1951 City Council Reg. Mtg. Minutes May 26, 2004 Page 6 of 6 Daren Ny,clren attended the NAACP Membership Breakfast with Council member Dianne Robinson and the "Food for Music" fundraising event to fund the food bank. With no further business, the meeting of the City Council was adjourned at 8:25 P.M. Prepared and Submit[ed by: LORI SMITH Legislative Assistant Attest: PAULA JOHNSTON, Interim City Clerk DAREN NYGREN, City Council President City of Bremerton DN/PJ/Is/cge DATE SUBMITTED: May ~,, 209"! BILL June 2, 2004 AGENDA BILL CITY OF BREMERTON ~ CITY COU2qC1L SUBJECT: Acceptance of PWTF Loan Committee Meeting Date: June 9, 2004 Agreement No. PW-04-691-010, and COUNCIL MEETING Date: June 1~, 2004 DWSRF Loan Agreements No. 03-65103- Department: PW&U, Engineerin. g 009, and 03-65103-010. Presenter: Tom Knuckey Phone: 473-2376 SUMMARY: The City has been awarded a $4,960,000 Public Works Trust Fund Loan to partially fund CSO Reduction Improvements in the Pacific Avenue Basin. The City was additionally awarded two Drinking Water State Revolving Fund Loans; $101,000 to partially fund installation ora Chlorine Generator at the Anderson Creek Pump Station, and $505,000 to fund seismic upgrades to water reservoirs. These agreements are under the same terms and conditions as prior agreements. ATTACHMENTS: None FISCAL IMPACTS (Include Budgeted Amount): Funds would not be available to construct the Improvements APPROVALS: ,, : DEPARTMENT DIRECTOR: CITY ATTOI~NEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: "~' ' CONSENT AGENDA []l OPERATIONS: " COUNCIL PRESIDENT: ~ : '.~,-~ ~ ~ RECOMMENDED MOTION: Move to approve Publid Works Trust Fund Loan No. PW-04-691- 010, Drinking Water State Revolving Fund Loan No. 03-65103-009, and Drinking Water State Revolving Fund Loan No. 03-65103-010, and authorize the Mayor to finalize and execute the loan agreements. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action ab, Agmada Bills 2004, Loan PW 04 691-010 & DWSRF Washington State Public Works Board Post Office Box 48319 Olympia, Washington 98504-8319 August20,2003 MR. THOMAS KNUCKEY CITY OF BREMERTON 3027 OLYMPUS DRIVE BREMERTON, WA 98310-4799 Regarding: 2004 Public Works Trust Fund Construction Loan Application for PACIFIC AVENUE CSO REDUCTION Dear MR. KNUCKEY: I am pleased to inform you that your application for a 2004 PWTF Construction loan for the project cited above is included among the projects the Public Works Board (Board) will recommend to the 2004 Legislature for financing. The loan list will be submitted to the Legislature on or before November 1,2003. Approval of the list usually occurs late in the legislative session and must be signed by the Governor before the Board can execute contracts. ISAAC HUANG, your Client Service Representative, will contact you with more information as the list works its way through the process. If you have any questions, please contact your Client Service Representative at (360) 725-5009 or by e-mail at: Isaac. Huang@pwb.wa.gov. Additional information can be found at our website: www.pwb.wa.qov. We look forward to working with you on this project. Also, please find enclosed an information and registration packet regarding the Infrastructure Assistance Coordinating Council (IACC) 2003 Conference to be held on October 28-30, 2003, in Wenatchee, Washington. The Conference will include technical assistance, planning and financial experts, software information, federal and state program overviews, and training sessions. We hope you can join us. Sincerely, John taRocque AUG 2 5 2UB3 Executive Director ENGINEERING D"/ ;L:cag '63, %?suE0 Fax (3603 664-3029 Web site: :¥~w'pw'b.wa.gov Post Office Box 48319 Olympia, Washington 98504-8319 Februaw 5, 2004 Mr. Thomas Knuckey Bremerton 3027 Olympus Drive Bremerton, WA 98310-4799 Dear Mr. Knuckey: I am pleased to inform you that your Anderson Creek On-Stie Hypochlorite Generation project is included on the final 2003 Drinldng Water State Revolving Fund (DWSRF) loan list, approved by the Public Works Board at its regular meeting on February 3, 2004. Before the Board can formally offer any DWStLF loan agreement, it must receive the capitalization grant for Washington State from the federal Environmental Protection Agency (EPA). Project expenses are eligible to be reimbursed beginning on the date that the capitalization grant is signed. Please do not begin incurring expenses until ~ve notiPy you that we have received the grant. In anticipation of receiving the EPA capitalization grant soon, and to more efficiently handle loan processing, we ask that you do the follo~ving: 1) In 9rder to meet EPA requirements, we ask that you complete the enclosed Environmental Protection Agency (EP~) Pre-award Compliance Review Report form. Please circle the appropriate response in questions IH, W, V and VIII and sign and date. 2) Complete the Scope of Work form, which will be used as part of the formal agreement between your water system and the Public Works Board. The Scope of Work will provide a concise, quantified description of the project (including length, width, capacities, quantities, etc.) and should be based upon the project scope, as indicated in your application. If you can provide a more concise description than was contained in the project application, please do so. An engineer's certification of the expected life of the project will establish the loan term (generally 20 years, but up to 30 years). Thirty (30) year loan terms are available to water systems where fifty-one percent (51%) or more of the households are at fifty percent (50%) or below' of the county's median income. If you wish to have the loan term for less than the expected life of the project, please indicate in the appropriate space. Enclosed are guidelines for prepanng the Scope of Work form. (360) 725~5000 Fax (360) 664-3029 Web site: ~-,v.pwb.wa.gov 10 Mr. Thomas Knuckey February 5, 2004 Page 2 In order to more efficiently integrate all the information here into a full loan agreement package, we ask that you complete and remm the Scope of Work and the EPA Pre-Award Compliance Review Report by April 30, 2004. Please remm the Scope of Work and the EPA Compliance Review Report to: State of Washington Public Works Board Attn: Susan Butz, Contracts Manager Post Office Box 48319 Olympia, Washington 98504-8319 If you have any questions regarding this letter, I can be reached at (360) 586-4124, or you may email me at susan.butz~pwb.wa.gov. Sincerely, Enclosures: 1. EPA Pre-Award Compliance Report Form 2. Scope of Work Request and Instructions Cc: Chris Gagnon, DOll Vvhshington State Public Works Board Post Office Box 48319 Olympia, Washington 98504-8319 Febln.mry 5, 2004 Mr. Thomas Knuckey Bremerton 3027 Olympus Drive Bremel~.on, WA 98310-4799 Dear Mr. Knuckey: I am pleased to inform you that your Reservoir Seismic Valves And Upgrades project is included on the final 2003 Drinking Water State Revolving Fund (DWSRF) loan list, approved by the Public Works Board at/ts regular meeting on February 3, 2004. Before the Board can formally offer any DWSRF loan agreement, it must receive the capitalization grant for Washington State fi~om the federal Environmental Protection Agency (EPA). Project expenses are eligible to be reimbursed beginning on the date that the capitalization grant is signed. Please do not begin incurring expenses until we notify you that we have received the grant. In anticipation of receiving the EPA capitalization grant soon, and to more efficiently handle loan processing, we ask that you do the following: 1) In order to meet EPA requirements, we ask that you complete the enclosed F. nvironmental Protection Agency (EPA) Pre-award Compliance Review Report form. Please circle the appropriate response in questions III, IV, V and VHI and sign and date. 2) Complete the Scope of Work form, which will be used as part of the fonnaI agreement between your water system and the Public Works Board. The Scope o?" Work will provide a concise, quantified description of the project (including length, width, capacities, quantities, etc.) and should be based upon the project scope, as indicated in your application. If you can provide a more concise description than was contained in the project application, please do so. An eng/neer's certification of the expected life of the project will establish the loan term (generally 20 years, but up to 30 years). Thirty (30) year loan terms are available to water systems where fifty-one percent (51%) or more of the households are at fifty percent (50%) or below of the county's median income. If you wish to have the loan term for less than the expected life of the project, please indicate in the approphate space. Enclosed are guidelines for preparing the Scope of Work form. (~,J; 725-5()©¢ Yax (360) 664-3029 Web site: ww'~/.pwb.wa.gov 12 Mr. Thomas Knuckey Februa~3, 5, 2004 Page 2 In order to more efficiently integrate all the info~n:nation here into a full loan agreement package, we ask that you complete and return the Scope of Work and the EPA Pre-Award Compliance Review Report by April 30, 2004. Please return the Scope of Work and the EPA Compliance Review Report to: State of Washington Public Works Board Attn: Susan Butz, Contracts Manager Post Office Box 48319 Olympia, Washington 98504-8319 If you have any questions regarding this letter, I can be reached at (360) 586-4124, or you may email me at susan.butz~pwb.wa.gov. Sincerely, Enclosures: 1. EPA Pre-Award Compliance Report Form 2. Scope of Work Request and Instructions Cc: Chris Gagnon, DOH Cherry/Trenton CSO Reduction - Final Improvements, SRF~ Application No. FP04097 Background: This loan funds two CSO Reduction Improvements for the Trenton and Cherry Avenue Basins; lining of a deep gravity sewer to safeguard it from failure, and replacement of a bottleneck in an existing beach sewer. Amount offered: $1,075,000 Terms: Interest Rate is 1.5%, 20-years. Debt Service: Approx $62,250/year Pacific Avenue CSO Reduction, PWTF~ Loan No. PW-04-691-010 Background: This loan provides matching funds for the grant that is partially funding CSO Reduction Improvements in the Pacific Avenue Basin. The improvements to be constructed include a large diameter gravity storm sewer to be constructed in conjunction ~vith the Pedestrian Access Improvements, and collection sewers throughout the basin. Amount offered: $4,960,000 Terms: Interest Rate varies depending on match; maximum is 2%, minimum is 0.5%; 20- years. Debt Service: Approx $274,000/year (assuming 1% interest rate) Anderson Creek On-Site Hypochlorite Generation~ DWSRF, Loan No. 03-65103-009 Background: This loan funds installation ora Hypochlorite Generator that uses electricity to convert table salt and water into a chlorine solution to provide disinfection of drinking water at the Anderson Creek Water Pump Station. This unit ~vill replace the existing aging Gas Chlorine equipment. Amount offered: $101,000 Terms: Interest Rate is 1.5%, 20-years. Debt Service: Approx $5,900/year Reservoir Seismic Valves and Upgrades, DWSRF~ Loan No. 03-65103-010 Background: This loan funds design of seismic isolation valves for Reservoirs No. 5, 15/18, and 17/20, and also funds design and construction of seismic upgrades to Reservoirs no. 5 and 8. All of the upgrades addressed by this loan are identified in seismic vulnerability assessments performed for the water system. Amount offered: $505,000 Terms: Interest Rate is 1.5%, 20-years. Debt Service: Approx $29,000/year DATE SUBMITTED: June 8,2004 BILL AGENDA BILL CITY OF BREMERTON GA CITY COUNCIL (CORRECTED) SUBJECT: Bid Award to Shinstine/Assoc., Committee Meeting Date: June 9, 2004 L.L.C.for Construction ofF[re Station #1. COUNCIL MEETING Date: June 14, 2004 Department: Econonfic Development Presenter: Gary Sexton Phone: 5282 SUMMARY: A call for bids was issued and three bids were received for the construction of Bremerton Fire Station #1. The Engineer's Estimate for the base bid is $2,932,000. The low responsive base bid was received fi~om Shinstine/Assoc., L.L.C. in the amount of $2, 640,000 plus sales tax. It is recommended that the bid be awarded to Shinstine/Assoc., L.L.C.for Construction of Fire Station #1 plus bid alternates A-1 (8m Street repairs for 12,000), A-2 (ornamental fencing for $17,000), A-3 (80-mil roof membrane for $6,400), and A-4 (drill tower and staircase for 78,000) for a total bid amount of $2,753,400 plus $236,792 sales tax for a total amount of $2,990,192. ATTACHMENTS: (1) Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount): This project is funded by Public Safety Bond proceeds and is included in the 2004 budget. APPROVALS: FIRE CHIEF: CITY ATTORNEY: ECON. DEV. DIRECTOR . FINANCE DIRECTOR: FISCAL/BUDGET: OPE~TIONS: RECOMMENDED MOTION: I move City Co~cil'approve awed of the bid of ShNst~e/Assoc., L.L.C.for Co~tmction of Fke Station ~1 plus bid alte~tes A-I, A-2, A-3, ~d A-4 for a total bid mo~t of $2,753,400 plus $236,792 sales t~ for a total mo~t of $2,990,192 ~d authorNe the Mayor to ~alke and execute a contract for the same. /¥ DATE SUBMITTED: March 12, 2004 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Heating on Ordinance Committee Meeting Date: -/i~,, ~- (ti, _:&'k ~/ _ amending BMC Ch. 21.02 Appendix Figure COUNCIl. MEETING Date: .~.}~,.~,,.~ 152(b) to correct boundaries relating to Department: :t,,,,.~. h et' '.M~!'..,,~ ,,.,/. building heights Presenter: ~:J~r,S Phone: ,54q3 SUMMARY: The current boundaries reflected in BMC Ch. 21.02 Appendix Figure 152(b) relating to the Downtown District building heights do not encompass the entire DC zone of the Downtown District. The proposed ordinance corrects the building height boundaries. ATTACHMENTS: Proposed ordinance FISCAL IMPACTS (Include Budgeted Amount): / / ¢ ' · APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: . ,~- -- .... ...... ~ ,%" :.' .- FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: . .' .~ 2f ~i ,., ../,: .......... --: ...... i CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: 1. I move to approve the proposed ordinance on first reading. 2 I move to pass Ordinance No. on second reading. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 21.02 Appendix Figure 152(b) to correct the boundaries of the Downtown District relating to building heights. WHEREAS, the current boundaries reflected BMC Chapter 21.02 Appendix Figure 152(b) relating to building heights in the Downtown District do not encompass the entire DC zone of the Downtown Disthct; and WHEREAS, Exhibit A attached hereto is a map of the Downtown District Building Heights map showing the area of discrepancy; and WHEREAS, Exhibit B attached hereto shows the proposed corrected boundaries of the Downtown District relating to building heights to encompass the w-hole DC zone; and WHEREAS, because this correction is technical in nature, recommendation by the Planning Commission and the provisions of RCW 36.70A. 106 are inapplicable; and WHEREAS, the SEPA Responsible Official determined that adoption of this ordinance is categorically exempt as procedural action under WAC 197-11-800(20); and WHEREAS, on and , the City Council considered and held a public hearings on this Ordinance during its regular City Council meetings; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. BMC Chapter 21.02 Appendix Figure 152(b) is hereby repealed and a new Appendix Figure 152(b) is hereby adopted to read as reflected is Exhibit B attached hereto. SECTION Z Severabilitv. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take eff~ect and be in force ten {10) days fi'om and after its passage, approval and publication as provided by law. l Downtown District Building Heights 17 )d~PROVED by the City Council the day of ,2004 PASSED by the City Council the day of ,2004 DAREN NYGREN, Council President Approved this day of ,2004 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, Interim City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2004 EFFECTIVE the day of ., 2004 ORDINANCE NO. R:'~LEGAL\Ordinances~,Community Development\Downtown District Map.doc Do wn to wn District Building Heigh ts 3_8 EXHIBIT Downtown District Building Heights Appendix Figure 152(b) A 4T 2ND STREET PUGET SOUND NAVAL SHIPYARD Legend D AREA A: 100 Foot Heigh~ Limitation r'IAREA B: 70 Foot Height Limitation rI1 AREA C: 70 Foot Height Limitation, Special Considerations (see footnote) ~e overair height limit is 70 fee[ as measured pursuant to Bremerton SMP Chk'a~ter 8 Definitions, Hei and 'WA~ !73-2%030 (9), ~Vded ha rinocasea a'~vpon sha asrucure~-emorethanfvessrespL~fiv~fe8 ~bove levationof,%'ashingtonAvenLe 2 ~h~, s~te s fr:nt p,-ope~;, !in'a ',edge of right-o, ,,;ay) i he added height of any roof.~,nJcture shall .~ from tine height deterrnh ation 19 EXHIBIT ~ Downtown District Building Heights Appendix Figure 152(b) __ 5th 5 4th STREET BURWELL PUGET SOUND ~/' ~-... ~.~ NAVAL SHIPYARD ' LEGEND AREA A: 100 Foot Height Limitation AREA B: 70 Foot Height Limitation AREA C: 70 Foot Height Limitation with Special Considerations* (see footnote) ' The overall height Jimit is 70 feet as measured pursuant to Bremerton SMP Chapter 8 Definitions, Height, and WAC 173-27-030 (g), ~ro,ided that in no case a! any point shall 9 structure be more that, five stories plus five feet above the e!evation of Washington Avenue at the site's Cront property tine (edge of right-of-way). The added heigh'.:;~ any roof structure shall be exc!~ded from the height determination DATE SUBMITTED: March 12, 2004 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing on Ordinance Committee Meeting Date: ,~1,7~, ,t:-, / *z~ -/ , repealing Section 2I·02.750 of the COUNCIL MEETING Date: ,,6, ~e /~ ¢" ..¢'-? -;~r: ~; '/ BremertonMunicipal Code Department: C mmumtyDev. Presenter: Chris Hugo Roger A. Lubovich Phone: 5243 and 2345 SUMMARY: The current provisions of Section 21.02·750 BMC relating to open space requirements for residential and commercial development are in conflict with the Washington Supreme Court ruling in lsla Verde Intern· Holdings, Inc. v. City of Camas and may be unconstitutional. The proposed ordinance repeals Section 21.02.750 BMC in its entirety. ATTACHMENTS: Proposed Ordinance FISCAL IMPACTS (Include Budgeted Amount): ' ~;'~-5; w · APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: ' FINANCE DIRECTOR: MAYOR: ~ , ~;_~, ,~ FISCAL/BUDGET: :' CONSENT AGENDA [] OPERATIONS: - COGNCIL PRESDENT: :~ ~:'"~ ' RECOMMENDED MOTION: 1. I mo~/e to approve thc proposed ordinance on first reading. 2 I move to pass Ordinance No, cn second reading. C()t[rNCI}[ &CTION: i~ -~ , , Approve ~ Den': ~ Table k_~ Continue ~ No Action ORDINANCE NO. AN ORDINANCE of' the City Council of' the City of' Bremcrton, Washington, repealing Section 21.02.750 o£ the Brernerton Municipal Code. WHEREAS, the current provisions of Section 21.02.750 of the Bremerton Municipal Code relating to open space requirements for residential and commercial development are in conflict with the Washington Supreme Court ruling in Isla Verde Intern. Holdings, Inc. v. City of Camas and may be unconstitutional; and WHEREAS, because this correction is technical in nature, recommendation by the Planning Commission is inapplicable; NOW THEREFORE, WHEREAS, on March 30, 2004, pursuant to RCW 36.70A. 106, the Department of Community Development sent a Notice of Intent to Adopt for this Ordinance to the Washington State Office of Community, Trade and Economic Development; and WHEREAS, the SEPA Responsible Official issued a deterrnination of non- significance (DNS) on April 6, 2004 regarding the proposed actions herein; and WHEREAS, on and , the City Council considered and held a public hearings on this Ordinance during its regular City Council meetings; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION1. Section 21.02.750 of the Bremerton Municipal Code entitled "Large Development Open Space and Landscaping" is hereby repealed in its entirety. .... · ......... al and .................... v .............. o ...... ~, ........r~ ............... acre: .......... , ........... ~ ...................... o ..... ral site I Repeali~g BA,IC 2t. 02, 750 22 SECTION 2. Severabili(F. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of 2004 PASSED by the City Council the day of ,2004 DAREN NYGREN, Council President Appro~ ed this day of ,2004 2 Repealing BMC 21.02. 750 23 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOV1CH, City Attorney PUBLISHED the day of ,2004 EFFECTIVE the day of ,2004 ORDiNANCE NO. R:',LEGAL~Ordinances\Conm~unity Development~ 1.02.750 Repeal.doc 3 Repea~ng BMC2L02.750 24 DATE SUBMITTED: May 26, 2004 BILL #~ -/- [: AGENDA BILL ~ C CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing on an Committee Meeting Date: June 2, 2004 Emergency Ordinance adopting the COUNCIL MEETING Date: June ,~ and 23, 2004 International Fire Code, with local Department: Fire Department amendments. City Attorney's Office Presenter: A1 Duke Brett Vinson Phone: 473-5380 473-2345 SUMMARY: Pursuant to Ch. 19.27 RCW, the 2003 edition of the International Fire Code, as adopted by the State of Washington, applies to all cities, including the City of Bremerton, effective July 1, 2004. The proposed ordinance amends the Bmmerton Municipal Code to repeal the Uniform Fire Code and adopt the International Fire Code with local amendments, and makes other housekeeping amendments to reference the International Fire Code. ATTACHMENTS: Proposed emergency ordinance FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: ,,._: ; ~' / , , FLNANCE DIRECTOR: ,~-~---, ~¥~_z~<_&,..,' ' ,~_' OPERATIONS: -, ; *: ~ .~ ~ CONSENT AGENDA COUNC~ P~S1DENT: 4 ~ >~ ~;--~ / '. ~'¥ ~ '- RECOMMENDED MOTION: I. t move to approve the proposed emergency ordinance on first reading. ~.' I moxe re p~tss Ordinance No. on second rcadinz.~ COUNCIL ACTION: {_~'~ Approve [] Den? [] 'Fable [] Continue [] No Action 25 Emergency Rule affecting WAC 51-54, State Building Code Adoption and Amendment of the 2003 Edition of the International Fire Code The following amendments were approved by the Council at their June 11, 2004 meeting and will be effective July 1, 2004. NEW SECTION WAC 51-54-0300 Chapter 3~General Precautions Against Fire 308.3.1 Open-flame cooking devices. This section is not adopted. 308.3.1.1 Liquefied-petroleum-gas-fueled cooking devices. This section is not adopted. NEW SECTION WAC 51-54-0400 Chapter 4 Emergency Planning and Preparedness 401.2 Approval. Where required by the fire code official, fire safety plans, emergency procedures, and employee training programs shall be approved. 404.2 Where required. A fire safety and evacuation plan shall be prepared and maintained in accordance with this chapter for the following occupancies and buildings when required by the fire code official. 1. Group A having an occupant load of 100 or more. 2. Group E. 3. Group H. 4. Group I 5. Group R-1. 6. Group R-4. 7. High-rise buildings. 8. Group M buildings having an occupant load of 500 or more persons or more than 100 persons above or below the lowest level of exit discharge. 9. Covered malls exceeding 50,000 sf in aggregate floor area. 10. Underground buildings 11. Buildings with an atrium and having an occupancy in Group A, E, or M. 404.4 Maintenance. Fire safety and evacuation plans shall be reviewed by the owner or occupant annually or as necessitated by changes in staff assignments, occupancy, or the physical arrangement of the building. 408.11.1.1 Approval. The lease plan shall be submitted to the fire code official, and shall be maintained on site for immediate reference by responding fire service personnel 408.11.1.2 Revisions. The lease plan shall be reviewed by the owner or occupant and revised annually or as often as necessary to keep them current. NEW SECTION WAC 51-54-0800 Chapter 8--~terior Finish, Decorative Materials and Furnishings 804.1.1 Restricted occupancies. Natural cut trees shall be prohibited in Group 1-1, 1-2, 1-3, 1-4, LC and R4 occupancies. 804.1.2 Support devices. The support device that holds the tree in an upright position shall be of a type that is stable and that meets all of the following criteria: 1. The device shall hold the tree securely and be of adequate size to avoid tipping over of the tree. 2. The device shall be capable of containing a minimum supply of water in accordance with Table 804.1.2. 3. The water level, when full, shall cover the tree stem at least 2 inches (51 mm). The water level shall be maintained above the fresh cut and checked at least once daily. 804.1.3 Dryness. The tree shall be removed from the building whenever the tree is determined to be dry by needle pliability, discoloration or other approved means as approved by the fire code official. The tree shall be checked daily for dryness. Table 804.1.2~Support Stand Water Capacity Tree Stem Diameter Minimum Support Stand Typical Daily Water (inches) Water Capacity (gallons) Transpiration Amount (gallons) Up to 4 I ~A to 1 4to6 1V~ 11A to 1/,~ 7to8 2 1aA to 2 9to12 3 2~,4 to 3 13 and over 4 Over 3 nen~ s were ~elu, Ct~t to in.de into life'style ~iies,'but aI~ J~elt a duty to protect public heaith a and safety. "A lot of fire services would really like to see this, It addresses an issue that is re,,~.~y close go us," Dave Kokot ' illegally," ~e Spokane Fire Depart- havre protections from unlaw- of ~ and ment said after the council's fill searches in our country,," deck put- vote. Steve Nuttall, Bellevue fire Office of the City Attorney Roger A. Lubovich, City Attorney Memorandum TO: City Council From: Brett C. Vinson, Assistant City Attorney RO: International Building and Fire Codes Ilote: June 1, 2004 On July 1, 2004 the 2003 edition of the International Building, Residential, Fire and Mechanical Codes and the 2003 Uniform Plumbing Code, with statewide amendments, will replace the 1997 Uniform Building, Fire and Mechanical Codes and the 2000 Uniform Plumbing Code, all in accordance with the State Building Code Act and the amendments to the Washington Administrative Code promulgated by the State Building Code Council. Cities are required by the State Building Code Act to administer and enforce these codes, but have limited authority to enact local amendments, provided that the amendments do not diminish the statewide minimum performance standards. Over the past ten years, the three major national model building code organizations have been working to develop common code formats and to reduce unnecessary differences between codes. These efforts culminated with the creation of the 2000 editions of the International "family "of codes and the merger of the model code organizations into the International Code Council. With this merger, older codes such as the Uniforra Building Code are no longer being updated and are slowly becoming obsolete (the 1997 Uniform Building Code was the last edition published). In 2003, the Washington State Legislature amended the State Building Code Act to replace the 1997 Uniform Building, Mechanical and Fire Codes with the 2003 International Codes, while retaining the Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials. Following the Legislature's action, the State Building Code Council promulgated the statewide amendments expressed in Chapters 51-50, 51-52, 51-57, and 51-51 of the Washington Administrative Code, to be effective July 1, 2004. 26 ORDINANCE NO. AN EMERGENCY ORDINANCE of the City Council of' the City of Bremerton, Washington, amending Title 18 of' the Bremerton Municipal Code to repeal the adoption of'the 1997 edition of the Uniform Fire Code; to adopt the 2003 edition of the International Fire Code, as amended by the Washington State Building Code Council in Ch. 51-54 of the Washington Administrative Code ("WAC"); and to make other housekeeping amendments to various Bremerton Municipal Codes and further declaring an emergency. WHEREAS, as set forth in Title 18 of the Bremerton Municipal Code, the City previously adopted the state Uniform Fire Code; and WHEREAS, pursuant to Ch~ 19.27 RCW, the 2003 edition of the International [:'ire Code, as adopted by the State of Washington, applies to all cities, including the City of Bremerton, effective July 1, 2004; therefore, it is appropriate to amend the Bremerton Municipal Code to repeal the Uniform Fire Code, to adopt the International Fire Code with local amendments, and to make other housekeeping amendments to reference the International Fire Code; and WHEREAS, pursuant to City of Bremerton Charter, ordinances must have two public hearings; and WHEREAS, without the passage of this ordinance as an emergency ordinance, it would not become effective until after July 1, 2004, the state mandated effective date; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 18.02 of the Bremerton Municipal Code, entitled "City Fire Code" is hereby repealed in its entirety and a new Chapter 18.02 entitled "City Fire Code" is hereby created to read as follows: CHAPTER 18.02 CITY FIRE CODE 18.02.010 PURPOSE. The purpose of the City Fire Code is to prescribe regulations consistent with nationally recogn/zed good practice for safeguarding, to a reasonable degree of protection for the life and property of our citizens from the hazards of fire and explosion, arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to lite or prope~y in the usc of occupancy of buildings or premises. i International Fire Code Adoptioa 27 18.02.020 FIRE CODE - ADOPTED. In accordance with Ch. 19.27 RCW, the International Fire Code, 2003 edition, published by the International Code Council, Inc., together with any additions, deletions, and exceptions currently enacted or as may be amended from time to time by the State of Washington through its Building Code Council pursuant to the Washington Administrative Code ("WAC"), and luternational Fire Code, 2003 edition appendices B, C, D, and as further amended in this chapter, is hereby adopted and incorporated by this reference. One (1) copy of the International Fire Code is on file with the City's fire code official. 18.02.030 CODE CONFLICTS. To the extent allowed by RCW 19.27.040, if a conflict exists between the provisions of the International Fire Code adopted and amended by the Washington State Building Code Council and the provisions of Chapter 13.01 of the Bremerton Municipal Code, the Bremerton Municipal Code provisions shall govern 18.02.040 AMENDMENTS TO THE IFC - ADMINISTRATION. (a) General authority and responsibilities - Retained authority. Section 104 of the International Fire Code, entitled "General Authority and Responsibilities," is amended by adding the following new subsection 104.1.1: Sec. 104.1.1 Retained authority - Additional conditions. The fire code official retains the authority to impose additional conditions where the official determines it necessary to mitigate identified fire protection impacts. These conditions may include, by way of example and without limitation, increased setbacks, use of fire retardant materials, installation of standpipes, fire sprinkler and fire alarm systems (b) General authority and responsibilities - Lot lines and setback lines. Section 104 of the International Fire Code, entitled "General Authority and Responsibilities," is amended by adding the following new subsection 104.12: Sec. 104.12 Lot lines and setback lines. Notwithstanding the authority of the fire code official to administer and enforce the fire code, the fire code official shall have no duty to verify or establish lot lines or setback lines. No such duty is created by this code and none shall be implied. (c) Permits - Fees. Section 105 of the International Fire Code, entitled "Permits." is amended by adding the following new subsection 105.1.4: Sec. 105.1.4 Fees. The fire code official shall prepare a resolution establishing a schedule of fees, if any, for council consideration, which fees shall include the cost involved in the processing, issuance, and renewal of permits and certificates. Any fee schedule adopted by resolution shall govern the fee amount to be assessed for any permit or certificate and the fire code official shall collect those fees as a Int~rn:ttiorta[ )'ir; Code - Adoption 28 condition to issuance or renewal of any permit or certificate. Failure to pay for either an original permit or the required renewal within 30 days of the date notice is given, shall result in the City's termination of the permit or certificate application. (d) Permits - Term. Section 105 of the International Fire Code, entitled "Permits," is amended by adding the following new subsection 105.1.5: Sec. 105.1.5 Term. Permits and certificates issued in accordance with this code shall be valid for a 12 month period and are renewable at the end of that 12 month term. (e) Board of appeals. Section 108 of the International Fire Code, entitled "Board of appeals," is amended by substituting section 108 with the following: Sec. 108 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the fire code official relative to the suitability of alternate materials, designs, and methods of construction and appeals of the reasonable application and interpretation of the building and fire codes. Appeals shall be made as set forth in section 18.02.180 of the Bremerton Municipal Code. (f) Violation penalties. Section 109 of the International Fire Code, entitled "Violations," is amended by substituting subsection 109.3 with the following: Sec. 109.3 Violation penalties. Any person who violates a provision of this code or fails to comply with any of its requirements or who erects, constructs, alters, or repairs a building or structure in violation of (a) the approved construction documents, (b) a directive of the fire code official, or (c) a permit or certificate issued under the provisions of this code, shall be subject to penalties as set forth in section 18.02.170 of the Bremerton Municipal Code or as otherwise provided by law. (g) General definitions. Section 202 of the International Fire Code is amended to add the following four general definitions: APWA is the American Public Works Association. AWWA is the American Water Works Association. PRIVATE I~IYDRANT is a fire hydrant situated and maintained to provide water for firefighting purposes with restrictions as to use. PUBLIC HYDRANT is a fire hydrant situated and maintained to provide water for firefighting purposes without restrictions as to use for that purpose and is accessible for immediate use at all times. D~ter~ationat Fire Code ~ Adoption 18.02.050 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 311 VACANT PREMISES. Tho following local amendments to Section 311 of the International Fire Code, entitled "Fire Alarm and Detection Systems" are adopted and incorporated into the International Fire Code: (a) Vacant premises - Fire protection systems. Section 311 of the International Fire Code, entitled "Vacant Premises," is amended by substituting subsection 311.2.2 with the following: Sec. 311.2.2 Fire protection. Fire alarm, sprinkler, and standpipe systems shall be maintained in an operable condition at all times. Exception: If, in the opinion of the fire code official, the promises (a) has been cleared of all combustible materials and debris, (b) is of the type of construction with sufficient fire separation distance so as to not create a fire hazard, (c) has been secured to prohibit entry by unauthorized persons, and (d) has buildings that will not be heated, potentially exposing fire protection systems to freezing temperatures, then the fire code official may allow fire alarm and sprinkler systems to be placed out of service and may allow standpipes to be maintained as dry systems (without an automatic water supply). 18.02.060 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 5, FIRE SERVICE FEATURES. The following local amendments to Chapter 5 of the International Fire Code, entitled "Fire Service Features," are adopted and incorporated into the International Fire Code: (a) Fire service features - Fire apparatus access roads. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is hereby adopted. (b) Fire apparatus access roads - Dimensions. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is amended by substituting subsection 503.2.1 with the following: Sec. 503.2.1 Dimensions. The following minimum dimensions shall apply for fire apparatus access roads: 1. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), except for approved security gates in accordance with section 503.6 and Appendix D 103.5, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). 2. In the immediate vicinity of any building or portion thereof in excess of 28 feet in height, the fire apparatus access mad shall have an unobstructed width of not less than 26 feet (7924 mm) and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). 3. At lea,',t one of the required fire apparatus access roads shall be it;cared a minimum of 15 feet and a maximum of 25 feet from l, ternational Fire Code ~ Adoption each building on the promises and shall be positioned parallel to one entire side of each building. The measurement for this requirement shall be taken from the exterior wall of the building to the nearest edge of the fire apparatus access road. (c) Fire apparatus access roads - Bridges and elevated surfaces. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is amended by substituting subsection 503.2.6 with the following: Sec. 503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge or elevated surface shall be constrtlcted and maintained in accordance with specifications established by the fire code official and the City's public works director, or their designees; at a minimum, however, the bridge or elevated surface shall be constructed and maintained in accordance with AASHTO Standard Specifications for Highway Bridges. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of a 30 or more ton fire apparatus, the total imposed load to be determined by the fire code official. Vehicle load limits shall be posted at both entrances to bridges when required by the fire code official. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces which are not designed for that use, approved barriers or approved signs, or both, shall be installed and maintained, if required by the fire code official. (d) Fire apparatus access roads - Marking. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is amended by substituting subsection 503.3 with the following: Sec 503.3 Marking. Fire apparatus access roads shall be marked whenever necessary to maintain the unobstructed minimum required width of roadways. Subject to the fire code official's prior written approval, marked fire apparatus access roads, or "fire lanes" as defined in section 502.1 of the code, may be established or relocated at the time of plan review, pre-construction site inspection, and/or post construction site inspection as well as any time during the life of the occupancy. Only those fire apparatus access roads established by the fire code official can utilize red marking paint and the term "fire lane." Fire lanes shall be marked as directed by the fire code official with one or more of the following types of marking: 503.3.1 Type 1. The following shall apply to Type 1 marking: 1. Curbs shall be identified by red traffic paint with a 6 inch wide stripe on the top and front, extending the length of the designated fire lane International Fire Code ~ Adoption 2. Rolled curbs shall be identified by md traffic paint with a 6 inch wide stripe on the curb. extending the length of the designated fire lane. 3. Lanes without curbs shall be identified by red traffic paint with a 6 inch wide stripe on the pavement, extending the length of the designated fire lane. 4. The words "NO PARKING - FIRE LANE "shall be in 3 inch stroke white letters 18 inches in height, and placed 8 inches ineasured perpendicular from the md paint stripe on the pavement. In most cases, both sides of the access road shall be marked. Where long drives are to be marked, the repetitions shall alternate sides of the drive. 503.3.2 Type 2. The following shall apply to Type 2 marking: 1. In addition to the requirements for Type I marking, Type 2 marking shall also include the addition of metal signs stating "NO PARKING - FIRE LANE" to be installed at intervals or locations designated by the fire code official. The signs shall be approximately 12 inches in width and 18 inches in height and have red letters on a white background. Metal signs shall be installed on either 2 inch metal pipes, for private property, or treated 4 inch by 4 inch wood posts, for public property, and shall be located so that the bottom of the sign is a minimum of 7 feet above the curb. Where fire lanes are adjacent to buildings or structures and when approved or directed by the fire code official, the signs may be placed on the face of the building or structure. 503.3.3 Type 3. The following shall apply to Type 3 marking: 1. Where directed by the fire code official, specific areas shall be designated and those areas are to be marked with diagonal striping across the width of the fire lane. Diagonal marking shall be used in conjunction with painted curbs and/or edge striping and shall mn at an angle of 30 to 60 degrees from one side to the other. These diagonal lines shall be in red traffic paint, parallel with each other, at least 6 inches in width, and 24 inches apart. Lettering shall occur as with Type 1 marking. 503.3.4 Street or Road Signs. Street or road signs shaJl be provided for all private and public roads. All private street and road signs shall be designed and installed to meet public road sign standards as set by the City of Bremerton Street Department, any expense shall be the responsibility of the property owner. New street and road signs shall be posted within 30 days after receiving approval from the City of Bremerton Engineering DepartmenL [ntern~tiontd Fire C'ode - Adoption 32 503.3.5 Alternate materials and methods. The fire code official may modify, on a case-by-case basis, any of the marking provisions in this subsection 503.3 where practical difficulties exist. Modification requests shall be submitted in writing to the fire code official setting forth a suggested alternative. (e) Fire apparatus access roads. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads" is amended by adding the following new subsection 503.7: 503.7 Residential Driveway Access and Sprinkler Requirements. In the event the number of R division 3 or U occupancies exceeds two, the maximum number 'allowed off a driveway will be 9 if a residential fire sprinkler system is installed in each new structure. (f) Access to buiMing openings and roofs - Required access. Section 504 of the International Fire Code, entitled "Access to Building Openings and Roofs," is amended by substituting subsection 504.1 with the following: Sec. 504.1 Required access. The following points of access must be provided: 1. Exterior doors and openings required by this code or the International Building Code shall be maintained readily accessible for emergency access by the fire department. 2. Each tenant space provided with a secondary exit to the exterior or exit corridor shall be provided with tenant identification by business name and/or address. Letters and numbers shall be posted on the corridor/exterior side of the door, be plainly legible, and shall contrast with their background. 3. An approved access walkway shall be provided to connect fire apparatus access roads to exterior openings. 4. All rescue windows shall be accessible by a 35-foot ground extension ladder placed so that the inclination of the ladder does not exceed 70 degrees. An area of discharge, 36 inches in all directions around the base of the ladder, shall be provided. Ladders and associated areas of discharge shall be located within the property lines. 5. All occupancies shall be required to provide approved life safety rescue access, as defined in section 902 of this code. Exception: Group U occupancies. 6. The provisions of this subsection shall apply if, at the time of the first permit application, the county assessed valuation for the building(s) subject to the permit application will increase by more than 50 percent due to alterations or repairs to the building(s) within any 70 month time period. Additions to an existing structure shall be considered new construction and subject to the provisions of this sectiop,. If additions to an existing s~ructure cause a building to meet 7 D~tsr~atio,a! Fire Code - Adoption the area, number of floor levels, or units that would subject a new building to the requirements of this section, the entire building will then be required to comply with this section. (g) Premise Identification. Section 505 of the International Fire Code, entitled "Premise Identification" is mnended by adding the following new subsection 505.1.1: 505.1.1 Address numbers for Commercial Buildings. Address numbers for commercial buildings shall be 0-50" from street or less: 6- 12" minimum height; 50' to 10G from Street: 12-18" minimum height; More than 10G from Street: 18-24" minimum height; (h) Fire protection water supplies - Existing non-conforming hydrants Section 508 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended to add a new subsection 508.1.1 as follows: Sec. 508.1.1 Existing non-confirming hydrants. At such time as an existing hydrant, which does not conform to the requirements and standards of this section, is replaced, it shall be replaced with a hydrant that does conform to the standards and requirements of this section. (i) Fire protection water supplies - Where required. Section 508 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by substituting subsection 508.5.1 with the following: Sec. 508.5.1 Where required. All buildings or structures shall be located so that there is at least 1 hydrant within 150 feet, and no portion of the building or structure is more than 300 feet from a hydrant, as measured by an approved route. Exceptions: 1. For Group R-3 and Group U occupancies the distance required shall be 600 feet (183m). 2. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m) O) Fire protection water supplies - Installation requirements. Section 508 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by substituting subsection 508.5.7 with the following: Sec 508.5.7 Installation requirements. All fire hydrants shall be installed in accordance with the specifications established by the fire code official or his or her designee, or at a minimum, in accordance with the latest NFPA, APWA, or AWWA standards. In addition, unless modified by written decision of the fire code official, the following requirements shall apply to all building construction prc~jects: lt~ternationctl Fire Code - Adoption 34 1. All fire hydrant piping, valves, and related appurtenances shall be approved by the City's public works department. 2. The fire hydrant installation and its attendant water system connection shall conform to the City's specifications and design and construction standards. 3. An auxiliary gate valve shall be installed at the main line tee to permit the repair and replacement of the hydrant without disruption of water service. 4. All hydrants shall be plumb, plus or minus 3 degrees, to be set to finished grade with the bottom flange 2 inches above the ground or curb grade and have no less than 36 inches in diameter of clear area around the hydrant for the clearance of hydrant wrenches on both outlets and the operating nut. 5. The largest port shall face the most likely direction of approach and location of the fire apparatus while pumping as determined by the fire code official. Distance from the pumper port to the street curb shall be no further than 10 feet. 6. The lead from the service main to the hydrant shall be no less than 6 inches in diameter. Any hydrant leads over 50 feet in length from the water main to hydrant shall be no less than 8 inches in diameter. 7. Alt hydrants installed in single family residential areas shall be supplied by not less than 6 inch mains and shall be capable of delivering 1,000 gpm tim flow over and above average maximum demands at the farthest point of the installation except with tim code official approval and the home is installed with a fire sprinkler system in accordance with this code. 8. All hydrants shall have at least 5 inch minimum valve openings, "O" ring stem seal, two 2V2 inch national standard thread hose ports, one 41/2 inch steamer port with national standard threads or otherwise determined by the fire code official. In addition, all hydrants shall meet AWWA standards for public hydrants and be of a type approved for use in the City by the City's public works department. In addition, all hydrants shall be equipped with a 5 inch Storz adapter on the steamer port. 9. All pipe shall meet the City standards as determined by the public works department. Piping located entirely within private property and maintained by the property owner shall meet the requirements and be approved by the tim code official. The fire code official may approve any piping material that has been tested and approved by a nationally recognized testing laboratory. 10. The maximum distance between hydrants in single family use district zones shall be 600 feet. tnternationa! Fire Code - Adoption 11. The maximum distance between hydrants in commercial, industrial, and apartment (including duplex) use zones shall be 300 feet. 12. Lateral spacing of hydrants shall be predicated on hydrants being located at street intersections. 13. The appropriate water authority and the fire department shall be notified in writing of the anticipated date the hydrant installation and its attendant water connection system will be available for use. 14. All hydrants shall meet City of Bremerton Hydrant Identification standards as established by the fire code official. (k) Fire protection water supplies - Not~'cation. Section 508 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by adding a new subsection 508.6 as follows: ............................ v'"w"J '~'J wSich private hydrants are located and the public agencies that own or control public hydrants must provide the fire code official with the following written service notifications: Sec. 508.6.1 In-service notification. The fire code official shall be notified when any newly installed hydrant or main is placed into service. Sec. 508.6.2 Out-of-service notification. Where any hydrant is out of service or has not yet been placed in service, the hydrant shall be identified as being out of service and shall be appropriately marked as out of service, by a method approved by the fire code official. (1) Fire protection water supplies - Dead-end mains prohibited. Section 508 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by adding a new subsection 508.7 as follows: Sec. 508.7 Dead-end mains prohibited. When appropriate, alt water mains in any project shall be looped. (m) Fire protection water supplies - Building permit requirements. Section 508 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by adding a new subsection 508.8 as follows: Sec. 508.8 Building permit requirements. No building permit shall be issued until all plans required by this section have been submitted and approved in accordance with the provisions of this section. No construction beyond the foundation shall be allowed until all hydrants and mains required by this section are in place and approved. 10 International Fire Code ~ Adoption (n) Fire department access to equipment - Identification. Section 510 of the b~ternational Fire Code, entitled "Fire Department Access to Equipment," is amended by substituting subsection 510. 1 with the following: Sec. 510.1 Identification. The following identification requirements shall apply to access to equipment. 1. Fire protection equipment and fire hydrants shall be clearly identified in an approved manner to prevent parking and/or other obstructions. 2. Entrances to rooms containing controls for air- conditioning systems, sprinkler risers and valves, or other fire detection, suppression, or control elements shall be identified for the use of the fire department. 3. Approved signs are required to identify fire protection equipment and equipment location. Signs shall be constructed of durable materials, permanently installed, and readily visible. 4. All fire department connections shall have a sign approved by the fire code official. The sign shall specify the type of water-based tim protection system it serves and the building areas served. 5. All main control valves and sectional valves for water-based tim protection systems shall have a sign specifying what the valves control. 6. All sprinklers and standpipe risers shall have signs to indicate which type of water-based fire protection system is being used. 18.02.070 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 901, GENERAL. The following local amendments to Section 901 of the International Fire Code, entitled "General," am adopted and incorporated into the International Fire Code: (a) Fire protection systems - Scope and application. Section 901 of the lnternational Fire Code, entitled "General," is amended by substituting subsection 901.1 with the following: See. 901.1 Scope and application. The provisions of this chapter shall apply to all occupancies and buildings, shall specify where fire protection systems are required, and shall apply to the design, installation, inspection, operation, testing, and maintenance of all fire protection systems; however, nothing contained in this chapter shall diminish or reduce the requirements of any duly adopted building codes, including state and local amendments, or other City ordinances, resolutions, or regulations. In the event of any conflict in requirements among these codes, ordinances, resolutions, or regulations, the more stringent provision shall apply. 1i Inter~atio~al Fire Code ~ Adoption (b) Fireproteclion systems-Alterations, repairs, and additions. Section 901 of the b~ternationaI Fire Code, entitled "General," is amended by adding a new subsection 901.1.1 as follows: Sec. 901.1.1 Alterations, repairs, and additions. The provisions of this subsection shall apply if, at the time of the first permit application, the county assessed valuation for the building(s) subject to the permit application will increase by more than 50 percent due to alterations or repairs to the building(s) within any 70 month time period. Additions to an existing structure shall be considered new construction and subject to the provisions of this section. If additions to an existing structure cause a building to meet the area, number of floor levels, or units that would subject a new building to the requirements of this section, the entire building will then be required to comply with this section. (c) Fire protection systems - Standards. Section 901 of the International Fire Code, entitled "General," is amended by substituting subsection 901.6.1 and Table 901.6.1 with the following: Sec. 901.6.1 Standards. Fire protection systems shall be inspected, tested, and maintained in accordance xvith the National Fire Protection Association ("NFPA") standards listed in Table 901.6.1 below. Table 901.6.1 FIRE PROTECTION SYSTEM ,MAINTENANCE STANDARDS SYSTEM STANDARD Carbon dioxide fire-extinguishing systems NFPA 12 Clean agent fire-extinguishing systems NFPA 2001 Dry chemical tire-extinguishing systems NFPA 17 Emergency power systems NFPA 110 & NFPA 111 Fire alarm systems NFPA 72 Fire doors NFPA 80 Foam fire-extinguishing systems NFPA 11 Halogenated tim-extinguishing systems NFPA 12A Smoke-control systems NFPA 92A Underground fire lines and hydrants NFPA 25 Water-based fire protection systems NFPA 25 Waterqnist syste~ns NFPA 750 Wet chemical fire-extinguishing systems NFPA l 7A International Fire Code - Adoption 38 (d) Fire protection systems - Records. Section 901 of the International Fire Code, entitled "General," is amended by substituting subsection 901.6.2 with the following: Sec. 901.6.2 Records. Records of all system inspections, tests, and maintenance required by the referenced standards shall be maintained on the premises for a minimum of 3 years. A copy of each inspection, test, or maintenance record shall be forwarded to the fire code official within 30 days of the date the inspection, test, or maintenance occurred. (e) Fire Protection Systems - Definitions. Section 902 of the International Fire Code, entitled "Definitions," is amended by adding the following three definitions: FIRE FLOW. A measure of the sustained flow of available water for firefighting at a specific building or within a specific ama at 20 pounds-per-squarednch residual pressure. FIRE WALL. An approved wall of not less than 4 hour fire- resistive construction with no openings, which extends vertically from the foundation to terminate in a parapet not less than 30 inches above the roof, and which extends horizontally to the furthest projection of any portion of the building or to a point 30 inches beyond the intersecting exterior wall, whichever is furthest. As an alternative to the horizontal requirements, such fire wall may be extended a minimum of 30 inches along both sides of the intersecting exterior wall, provided there are no projections beyond the intersecting exterior wall.(make sure to check with building code) LIFE SAFETY RESCUE ACCESS. Unobstructed access to all floor levels and each roof level of a building on not less than 20 percent of the building perimeter by utilizing a 35 foot ladder. An alternate method would be at least 1 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 International BuiMing Code. 18.02.080 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 903, AUTOMATIC SPRINKLER SYSTEMS. The following local amendments to Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," are adopted and incorporated into the International Fire Code: (a) Automatic sprinkler systems - Where required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection 903.2 with the following: Sec. 903.2 Where required. Approved fire sprinkler systems shall be installed as follows: 1~ In all buildings without adequate fire flow as required by this code !3 International Fire Code - Adoption Exception: Group U Occupancies. 2. Ail new buildings and structures with a gross floor area of 10,000 or more square feet (929 m2), or where this code provides a more restrictive floor area requirement, and shall be provided in all locations or where described by this code. Exception: Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries, and standby engines, provided those spaces or areas are equipped throughout with an automatic fire alarm system and are separated from the remainder of the building by a wall with a fire-resistance rating of not less than 1 hour and a floor/ceiling assembly with a tire- resistance rating of not less than 2 hours. 3. Where this code requires the installation of an automatic sprinkler system to protect an occupancy within an otherwise non-sprinkled building, then automatic sprinkler protection will be required throughout the entire building. 4. Only 4 hour area separation walls without openings shall constitute separate buildings to allow for a fire sprinkler exemption. (b) Automatic sprinkler systems - Where required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection 903.2.1 with the following: Sec. 903.2.1 Group A. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as Group A occupancies as provided in this section. For Group A-l, A-2, A-3, and A-4 occupancies, the automatic sprinkler system shall be provided throughout the entire building. For Group A-5 occupancies, the automatic sprinkler system shall be provided in the spaces indicated in 903.2. t.5. (c) Automatic sprinkler systems - Where required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection 903.2.1.1 with the following: See. 903.2.1.1 Group A-I. An automatic sprinkler system shall be provided for Group A-I occupancies where one of the following conditions exists: 1. The gross f'n:e area of the building exceeds 10,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge, 4. The fire area contains a multi-theater complex. 5, Dance balls where the total gross floor area exceeds 5,000 square feet (465 m2). 1 I lnternatim~al Fire Code Adoptiot~ 40 (d) Automatic sprinkler systems - Where required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection 903.2.1.2 with the following: Sec. 903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for Group A-2 occupancies where one of the following conditions exists: 1. The fire area of the building exceeds 5,000 square feet. 2. The fire area has an occupant load of 100 or more. 3. The fire area is located on a floor other than the level of exit discharge. (e) Automatic sprinkler systems - Where required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection 903.2.1.3 with the following: Sec. 903.2.1.3 Group A-3. An automatic sprinkler system shall be provided for Group A-3 occupancies where one of the following conditions exists: 1. The fire area of the building exceeds 10,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. Exception: Areas used exclusively as participant sports arena areas where the main floor area is located at the same level as the level of exit discharge of the main entrance and exit. (f) Automatic sprinkler systems - Where required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection 903.2.1.4 with the following: Sec. 903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for Group A-4 occupancies where one of the following conditions exists: 1. The fire area of the building exceeds 10,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. Exception: Areas used exclusively as participant sports arena areas where the main floor area is located at the same level as the level of exit discharge of the main entrance and exit. D*tfrnationclt Fire Code - Adoption 41 (g) Automatic sprinkler systerns- Where required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection 903.2.2 with the following: Sec. 903.2.2 Group E. An automatic sprinkler system shall be provided for Group E occupancies as follows: 1. Throughout all Group E occupancies where the fire area of the building exceeds 10,000 square feet. 2. Throughout every portion of educational buildings below the level of exit discharge. Exception: An automatic sprinkler system is not required in any fire area or area below the level of exit discharge where every classroom throughout the building has at least one exterior exit door at ground level. 3. Throughout all newly constructed Group E occupancies having an occupant load of 50 or more for more than 12 hours per week or four hours in any one day. A minimmn water supply meeting the requirements of NFPA 13 shall be required. The fire code official may reduce fire flow requirements for buildings protected by an approved automatic sprinkler system. For the purpose of this section, additions exceeding 60 percent of the assessed value of such building or structure, or alterations and repairs to any portion of a building or structure within a twelve-month period that exceeds 100 percent of the value of such building or structure shall be considered new construction. In the case of additions, only 4 hour area separation walls shall define separate buildings regarding sprinkler requirements. Exceptions: 1. Portable school classrooms, provided aggregate areas of clusters of portable school classrooms does not exceed 5,000 square feet (1465 m2); and clusters of portable school classrooms shall be separated as required in Chapter 5 of the building code. 2. Group E day care When not required by other provisions of this chapter, a tim- extinguishing system installed in accordance with NFPA 13 may be used for increases and substitutions allowed in Section 504.2, 506.3, and Table 601 of the building code. (h) Automatic sprinkler systems - Where required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection 903:2.3 with the following: Sec. 903.2.3 Group F. An automatic sprinkler system shall be provided throughout all buildings containing a Group F occupancy where one of the tbllowing conditions exists: 16 lnter~,~atio~zal Fire Code - Adoption 4£ 1. Where the fire area of the building exceeds 10,000 square feet; or 2. Where a Group F-I fire area is located more than three stories above grade. (i) Automatic sprinkler systems - Where required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection 903.2.6 with the following: Sec. 903.2.6 Group M. An automatic sprinkler system shall be provided throughout all buildings containing a Group M occupancy where one of the following conditions exists: I. Where the fire area of the building exceeds 10,000 square feet; or 2. Where a Group F-1 fire area is located more than three stories above grade. (j) Automatic sprinkler systems - Speculative use warehouses. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by adding the following new subsection 903.2.8.3: Sec. 903.2.8.3. Speculative use warehouses. Where the occupant, tenant, or use of the building or storage commodity has not been determined or it is otherwise a speculative use warehouse or building, the automatic sprinkler system shall be designed and installed in accordance with the following: 1. The design area shall be not less than 5,600 square feet (520 m2). 2. The density shall be not less than that for class IV non-encapsulated commodities on wood pallets, with no solid, slatted, or wire mesh shelving, and with aisles that are 8 feet or more in width and up to 20 feet in height. 3. Sprinkler piping that is 4 inches and larger in width shall be used and the structural engineer of record shall provide written verification approving of the point and dead loads. (k) Automatic sprinkler systems - Where required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection 903.2.8 with the following: Sec. 903.2.8 Group S-I. An automatic sprinkler system shall be provided throughout all buildings containing a Group S- 1 occupancy where one of the following conditions exists: 1. Where the fire area of the building exceeds 10,000 square feet; or 2. Where a Group S-1 fire area is located more than three stories above grade. 17 International Fire Code. Adoption (1) Automatic sprinkler systetns - Where required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection 903.2~7 with the following: Sec. 903.2.7 Group R. All Group R occupancies of five (5) or inore units shall be equipped with an automatic sprinkler system installed in accordance with 903.3. Sprinkler heads in kitchens shall be installed (on the ceiling) no more than 2 feet out from the front of the stove top. (m) Automatic sprinkler systems - Installation Requirements. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection 903.3.7 with the following: Sec. 903.3.7 Fire departments connection locations. All tim department connection locations (F.D.C.'s) to automatic sprinldem and/or standpipe systems shall be located not less than 3 feet, nor mom than 10 feet from the finished edge of an approved f'n-e apparatus access road. F.D.C.'s shall not be located more than 50 feet from a fire hydrant. F.D.C.'s and fire hydrants shall be located on the same side of an approved apparatus access road. F.D.C.'s serving sprinkler systems shall not be located on the wall of a building, unless approved by the fire code official. F.D.C.'s serving class 1 or 3 standpipe systems may be located on walls, provided such walls are of fire resistive or noncombustible construction. Exception: F.D.C.'s that are not able to be located away from a wall due to physical restrictions, may be located in an area approved by the fire code official. F.D.C.'s shall be installed/located at the front of the building not less than 18 inches nor more than 36 inches above the finished grade of an approved fire apparatus access road. F.D.C.'s shall not be obstructed by vehicle parking, carports, garages, refuse storage containers, fences, landscaping or other obscuring features. F.D.C.'s shall be provided with tight fitting tb_readed caps or Knox type lockable caps. (n) Automatic sprinkler systems - Alarms. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection 903.4.2 with the following: Sec. 903.4.2 Alarms - Exterior notification. Approved audible alarm devices shall be connected to every automatic sprinkler system. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Alarm devices shall be water-motor operated and shall be provided on the exterior of the building in an approved location at each riser or riser group. Exception: NFPA 13D and NFPA 13R sprinkler systems may t~tilize an electrically ?erated alarm bell on the exterior of the International Fire Code - Adoption 44 building in an approved location at each riser or riser group, provided that the electrically operated alarm bell cannot be silenced during water flow. 9.03.4.2.1 Alarms - Interior notification. Actuation of the automatic sprinkler system shall actuate interior audible/visual notification appliances as outlined in NFPA 72 at all exits from all floors or where a fire alarm system is installed. The fire alarm system notification circuits shall provide the interior notification. Exception: NFPA 13D and NFPA 13R sprinkler systems do not require interior audible/visual notification appliances, except if a fire alarm system is installed, then the fire alarm system notification circuits shall provide the interior notification. 18.02.090 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 907 FIRE ALARM AND DETECTION SYSTEMS. The following local amendments to Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems" are adopted and incorporated into the International Fire Code: (a) Fire alarm and detection systems - General. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended to add subsection 907.1.3 as follows: Sec 907.1.3 Fire detection system. In addition to any requirement of subsection 907.2 or 907.3, alt occupancies exceeding 4,000 square feet gross floor area shall be required to provide an approved addressable automatic fire detection system to meet NFPA 72 requirements. Fire walls as noted in the International Building Code shall not be considered to separate a building to enable deletion of the required fire detection system unless the fire walls are as defined in section 902 of this code. Exceptions: 1. Group U Occupancies. 2. Occupancies protected throughout by an approved/monitored automatic sprinkler system can delete heat detectors from the system. 3. One and two family residences. 4. Those buildings that require 10 or less fire alarm devises pursuant to 907.2. (b) Fire alarm and detection systems - Where Reqldred. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by substituting subsection 907.2 with the following: Sec. 907.2 Where required. In addition to the requirements set forth in Sections 907.2. l through 907.2.23, ail ne'*' occupancies of Groups A, B, E, F, H, I. M, R~ and S, within new or existing buildings or i9 International Fire Code - Ado?tion 45 structures, where the fire area exceeds 4000 square feet, an approved manual and automatic fire alarm system shall be provided. Approved addmssable fire alarm systems will be required in all buildings having 10 or more fire alarm system devices. Where automatic sprinkler protection installed in accordance with Section 903.3. l. 1 or 903.3.1.2 is provided and connected to the fire alarm system, automatic heat detection requirements of this section may be modified upon specific approval by the fire code official. In all remodels of existing non-sprinkled buildings over 4,000 square feet gross floor area, when the value of any remodel work exceeds 50 percent of the buildings assessed valuation. In any non-sprinkled existing building over 4,000 square feet gross floor area when a change in occupancy use classification occurs. (c) Fire alarm and detection systems - Duct smoke detectors. Section 907 of the International Fire' Code, entitled "Fire Alarm and Detection Systems," is amended to repeal Exception I in subsection 907.12. The amended subsection 907.12 reads as follows: Sec. 907.12 Duct smoke detectors. Duct smoke detectors shall be connected to the building's fire alarm control panel when a fire alarm system is provided. Activation of a duct smoke detector shall initiate a visible and audible supervisory signal at a constantly attended location. Duct smoke detectors shall not be used as a substitute for required open area detection. Exception: In occupancies not required to be equipped with a fire alarm system, actuation of a smoke detector shall activate a visible and an audible signal in an approved location. Smoke detector trouble conditions shall activate a visible or audible signal in an approved location and shall be identified as air duct detector trouble. (d) Fire alarm and detection systems - Monitoring. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by substituting subsection 907. ! 5 with the following: Sec. 907.15 Monitoring. Where fire alarm systems are required by this chapter or by the International Building Code, a U.L.-listed central monitoring station in accordance with NFPA 72 shall monitor fire alarm systems. Exception: Supervisory service is not required for: 1. Single-and multiple-station smoke alarms required by Section 907.2.10. 2. Smoke detectors in Group I-3 occupancies, 3. Automatic sprinkler systems in one- and t~o-family dwellings 20 ls~ternationat Fire Code - Adoptiot~ 46 4. Those existing R-1 and R-2 occupancies that are addressed by section l 8.03. 120(a) of the Bremerton Municipal Code. (e) Fire alarm and detection syatems - Monitoring. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by adding a new subsection 907.17.1: Sec. 907.17.1 Testing Prerequisites. Upon completion of the installation or alteration, a satisfactory test of the entire system and its functions shall be made in the in the presence of the fire code official within two weeks of completion of installation. Prior to the acceptance test, whtten documentation shall be provided to the fire department certifying that the system has been installed and pre-tested in accordance with the approved plans and specifications. (l) Fire alarm and detection systems - Monitoring. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by adding a new subsection 907.21: Sec. 907.21. Location/Security. The control unit, remote annunciator, alarm panel, and access keys to locked fire alarm equipment shall be installed and maintained in a location approved by the tim code official All occupancies equipped with a fire sprinkler or alarm system shall install a key safe below an exterior horn strobe and near the access to the remote annunciator or main entrance. Alarm panel access keys and building access keys or master keys shall be provided and kept in an on- site wall mounted entry key safe provided by the building owner and shall meet specifications of the tim code official. (g) Fire alarm and detection systems - Monitoring. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by adding a new subsection 907.22: Sec. 907.22. Instructions. Written operating instructions for the fn'e alarm system shall be provided and kept in an on-site wall mounted entry key safe provided by the building owner and shall meet specifications of fire code official. All alarm systems shall be capable of being silenced without having to be reset. Alarm panels that require a reset code to silence or reset the system shall be programmed with a fire department reset code that is approved by the fire code official. 18.02.100 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 14, FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION. The following local amendment to Chapter 14 of the International Fire Code, entitled "Fire Satkty During Construction and Demolition," is hereby adopted and incorporated into the International Fire Code as if fully set forth therein. 2t Internationa! ,Fire C~de - AdolJtion 47 (a) Water supplyforfireprotection - I4/hen required. Section 1412 of the International Fire Code, entitled "Water Supply for Fire Protection," is amended by substituting subsection 1412.1 with the following: See. 1412.1 When required. An approved water supply for fire protection shall be made available as soon as combustible material arrives on the site. 18.02.110 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 22, MOTOR FUEL-DISPENSING FACILITIES AND REPAIR GARAGES. The following local amendment to Chapter 22 of the International Fire Code, entitled "Motor Fuel-Dispensing Facilities and Repair Garages," is hereby adopted and incorporated into the International Fire Code as if fully set forth therein Sec. 2205.3.1. Required Spill Control Equipment. Every fuel dispensing facility and repair garage shall maintain at least 50 pounds of rice hulls or other approved absorbent and at least 25 approved absorbent pads, minimum dimension 16 inch by 16 inch and/or other spill control equipment as approved by the fire code official. 18.02.120 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 27, HAZARDOUS MATERIALS - GENERAL PROVISIONS. The following local amendment to Chapter 27 of the International Fire Code, entitled "Hazardous Materials General Provisions," is hereby adopted and incorporated into the International Fire Code as if fully set forth therein. (a) Storage - Ventilation - System requirements. Section 2704 of the International Fire Code, entitled "Storage," is amended by substituting subsection 2704.3.l with the following: Sec. 2704,3.1 System requirements. Exhaust ventilation systems shall comply with all of the following: 1. Installation shall be in accordance with the International Mechanical Code. 2. Mechanical ventilation shall be at a rate of not less than 1 cubic foot per minute per square foot [0.00508 m3/(s. m2)] of floor area over the storage area. 3. Systems shall operate continuously unless alternative designs are approved. 4. A manual shutoff control shall be provided outside ofthe room in a position adjacent to the access door to the room or in another location, if approved by the fire code official. The switch shall be of the break-glass type and shall be labeled: VENTILATION SYSTEM EMERGENCY SHUTOFF: FIRE DEPARTMENT USE ONLY. 5. Exhaust ventilation shall be designed to consider the density of the potential fumes or vapors released. For fumes or vapors that are heavier than air, exhaust shall be taken from a point within 12 inches (305 mm) of the floor. 22 International Fire Code Adogtio~ 48 6. The location of both the exhaust and inlet air openings shall be designed to provide air movement across all portions of the floor or room to prevent the accumulation of vapors. 7. Exhaust ventilation shall not be recirculated within the room or building if the materials stored are capable of emitting hazardous vapors. 18.02.130 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 46, MARINAS. The following local amendment adding a new Chapter 46 of the International Fire Code, entitled "Marinas," is hereby adopted and incorporated into the International Fire Code as if fully set forth therein. Chapter 46 MARINAS 4601 Scope Marina facilities shall be in accordance with this chapter. 4601.1 Plans And Approvals Plans for marina fire-protection facilities shall be approved prior to installation. The work sh'all be subject to final inspection and approval after installation. 4601.2 Permits Permits are required to use open-flame devices for maintenance or repair on vessels, floats, piers or wharves. 4602 DEFINITIONS 4602.1 Definitions. The following words and terms shall, for the purpose of this chapter and as used elsewhere in this code, have the meanings shown herein. FLOAT is a floating structure normally used as a point of transfer for passengers and goods, or both, for mooring purposes. MARINA is any portion of the ocean or inland water, either naturally or artificially protected, for the mooring, servicing or safety of vessels and shall include artificially protected works, the public or private lands ashore, and structures or facilities provided within the enclosed body of water and ashore for the mooring or servicing of vessels or the servicing of their crews or passengers. PIER is a structure built over the u, ater, supported by pillars or piles, and used as a landing place, pleasure pavilion or similar purpose~ 23 Intert~atioJ~a! Fire Code - Adoption 49 VESSEL is watercraft of any type, other than seaplanes on the water, used or capable of being used as a means of transportation. Included in this definition are nontransportation vessels such as houseboats and boathouses. WHARF is a structure or bulkhead constructed of wood, stone, concrete or similar material built at the shore of a harbor, lake or river for vessels to lie alongside of, and piers or floats to be anchored to. 4603 GENERAL PRECAUTIONS 4603.1 Combustible Debris. Combustible debris and rubbish shall not be deposited or accumulated on land beneath marina structures, piers or wharves. 4603.2 Sources of Ignition. Open-flame devices used for lighting or decoration on the exterior of a vessel, float, pier or wharf shall be approved. 4603.3 Flammable or Combustible Liquid Spills. Spills of flammable or combustible liquids at or upon the water shall be reported immediately to the fire department or jurisdictional authorities. 4603.4 Rubbish Containers. Containers with tightfitting or selfclosing lids shall be provided for the temporary storage of combustible trash or rubbish~ 4603.5 Electrical Equipment. Electrical equipment shall be installed and used in accordance with its listing and Section 605 as required for wet, damp and hazardous locations. 4603.6 Berthing and Storage. Berthing and storage shall be in accordance with NFPA 303, Chapter 5. 4603.7 Addressing. Each slip shall be numbered and clearly marked. 4604 FIRE-PROTECTION EQUIPMENT 4604.1 General. Piers, wharves, floats with facilities for mooring or servicing five or more vessels, and marine motor vehicle fuel- dispensing stations shall be equipped with fire-protection equipment in accordance with Section 4604. 24 Internatio~al Fire Code - Adoption §0 4604.2 Standpipes. Marinas and boatyards shall be equipped throughout with standpipe systems in accordance with following: 1. All portions of floats exceeding 150' in distance from the point of fire apparatus access shall be provided with an approved dry standpipe system, installed in conformity with NFPA 14 and Section 905.12. 2. Hose stations shall be provided at 150' intervals, with the most remote station a maximum of 75' from the end of the float. Each hose station shall be provided with two 2-1/2" standpipe valves with 2 V2" to 1 V2" reducers with caps. Installation of fire hose is not mandatory at standpipe locations. All hose station risers shall be galvanized steel. 3. Each standpipe system shall be provided with a minimum of two 2-1/2" Fire Department connection. The Fire Department connection shall be located on the shore end of the first floating dock. 4. Piping shall be minimum schedule 40 class and shall be sized to deliver 300 GPM at 65 psi residual pressure at the most remote station with a delivered pressure of 150 psi at the Fire Department connection. 5. Sectional valves shall be provided at the change of direction of each float and at each hose station. The valve shall be down stream of the hose station. 4604.3 Access and Water Supply. Piers and wharves shall be provided with fire apparatus access roads and water-supply systems with on-site fire hydrants when required by the fire code official. Such roads and water systems shall be provided and maintained in accordance with Sections 503.2 and 508. 4604.4 Portable Fire Extinguishers. One fire extinguisher for ordinary (moderate) hazard type, shall be provided at each required hose station. Additional fire extinguishers, suitable for the hazards involved, shall be provided and maintained in accordance with Section 906. 4604.5 Communications. A telephone not requiring a coin to operate or other approved, clearly identified means to notify the fire department shall be provided on the site in a location approved by the code official. 4605 MARINE MOTOR VEHICLE FUEL-DISPENSING STATIONS 4605,1 Fuel- Dispensing. Marine motor vehicle fuel-dispensing stations shall be in accordance with Chapter 22 of this code. 25 [~*ter~atio~a! F&e C~.,de * Adoptioti 51 18.02.140 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - APPENDIX D, FIRE APPARATUS ACCESS ROADS. The following local amendments to Appendix D to the International Fire Code, entitled "Fire Apparatus Access Roads," are hereby adopted and incorporated into the International Fire Code as if fully set forth therein. (a) Minimum specifications - Grade. Section D103 of the International Fire Code, entitled "Minimum specifications," is amended by substituting subsection D103.2 with the following: Sec. D103.2 Grade. Fire apparatus access roads shall not exceed I5 percent longitudinal and/or 6 percent laterally in grade. Approach and departure angle for fire apparatus access shall be as determined by the fire code official. Unless building sprinklers have been installed in accordance with this code and the roadway has been approved by the fire code official. (b) Minimum specifications - Turning radius. Section D 103 of the International Fire Code, entitled "Minimum specifications," is amended by substituting subsection D103.3 with the following: Sec. D103.3 Turning radius. The fire apparatus access road shall have a 23 foot minimum inside turning radius and a 45 foot minimum outside turning radius. (c) Fire Apparatus Access Road Gates,. Section D103.5 of the International Fire Code, entitled ". Fire Apparatus Access Road Gates," is amended by substituting subsection D103.5.1 with the following: Sec. D103.5.1. The minimum gate width shall be 14 feet. 18.02.150 FIRE CODES - FEES. The City Council shall, by resolution, establish the fees to be assessed for the fire codes adopted in this title. 18.02.160 CITY OF BREMERTON FALSE ALARM CODE. (a) For the purposes of this Section, a fire alarm shall be deemed and construed as being any act as follows: The giving, signaling or transmitting of a fire alarm to any public fire station, fire company, fire officer or any employee of the jurisdiction who has normal responsibilities for public safety, or to any central station monitoring agency whose purpose is to monitor fire and/or public safety, whether by telephone, spoken word, electronic conveyance or otherwise, any information to the effect that there is a fire or emergency at or near the place indicated by such signal or transmission. (b) It shall be unlawful for any person to give, signal, or transmit or for any person to cause or permit to be given, signaled, or transmitted, in any manner any false alarm. (c) It shall be unlawful for any person to tamper with or maliciously injure any fire alarm system or equipment maintained for the purpose o f transmitting fire alarms to the fire department. (d) Nothing in this Section shall prohibit the sounding of any such signal essential for the c~n'rying out of any system maintenance or fire drill. The fire code official, bas designated 26 tttternational Fire Code - Adoption 52 representative, or the responsible central station monitoring agency, shall be notified in advance when such signal will be sounded. (e) Any person, firm or corporation who is found to have signaled or transmitted a false alarm shall be guilty of a civil infraction and shall be fined as follows: (1) For a fire department response to premises at which no other false alarm has occurred within the preceding six months, hereinafter referred to as a "first response", no fee shall be charged. (2) For a fire department response to a premises within six months after a first response, a fee of One Hundred Dollars ($t00.00) shall be charged. (3) For a fire department response to a premises for three or more occurrences within any six month period, a fee of Two Hundred Dollars ($200.00) shall be charged for each occurrence. (f) Definitions: False Alarm: False alarm shall mean the activation ora fire alarm at a time when no conditions attributable to a fire or smoke condition are found to exist upon arrival of the fire department. Fire code official: Fire Chief shall mean the Chief of the Fire Department, or his designated representative. Person: Person shall mean any person, firm, partnership, association, corporation, company or organization of any kind. Preventable Alarm: Preventable false alarm shall mean a false alarm caused or initiated or allo~ved to be caused or initiated by the premises owner, or by a representative, assignee, or other persons that function under the direction or control of the owner, whether caused by direct intent, malicious action or by system neglect or improper system maintenance. Unpreventable Alarm: Unpreventable false alarm shall mean a false alarm caused by power failures or interferences unrelated to the operation of the premises. (g) Any person having or maintaining a fire alarm shall, within three working days after notice by the fire code official at the scene of a false alarm, shall make a written report to the fire code official setting forth the cause of such false alarm, the corrective action taken, whether such alarm has been inspected by an authorized service person, and such other information as the fire code official may reasonably require to determine the cause of such false alarm and the prescribed action necessary. (h) The determination whether or not a false alarm was preventable shall be made by the fire code official. Any fee resulting from a determination that a false alarm was preventable shall be billed by the City Treasurer's Office and shall be deposited in the General Fund. 18.02.170 VIOLATION - PENALTY. (a) Any violation of any provision of the city fire code, Title 18 of the Bremerton Municipal code, constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any of the provisions of the city fire code, Title t 8 of the Bremerton Municipal Code shall be guilty of a misdemeanor pursuant to Section 1.12.020(2) BMC. 27 Inter~*.atio:ml Fire Code - Adoption 53 18.02.180 APPEALS. (a) Appeals to the hearing examiner. (1) Jurisdiction. The City hearings examiner has been designated as the board of appeals and shall have jurisdiction over all matters concerning the application of the building codes cited in Ch. 17.04 BMC. The City hearings examiner, however, shall have no authority relative to interpretation of the administrative provisions of these codes, nor shall the City hearings examiner be empowered to waive requirements of these building codes. (2) Filing. Appeals shall be filed with the hearings examiner in accordance with Ch. 2.13 Bremerton Municipal Code. (3) Standing. Standing to bring an appeal under this chapter is limited to the following persons: (i) The applicant and the owner of property to which the permit decision is directed. (ii) Another person aggrieved or adversely affected by the order, determination, or decision, or who would be aggrieved or adversely affected by a reversal or modification of the order, determination, or decision. A person who is aggrieved or adversely affected within the meaning of this section only when all of the following conditions are present: a. The order, determination, or decision has prejudiced or is likely to prejudice that person; b. A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the order, determination, or decision; and c. The appellant has exhausted his or her administrative remedies to the extent required by law. (b) Appeals to superior court. Appeals to the hearings examiner shall be made pursuant to Ch. 2.13 Bremerton Municipal Code. SECTION2. Finding of an Emergency. Pursuant to City of Bremerton Charter Section 15(4)(b), the City Council declares an emergency to exist and authorizes this ordinance to become effective upon passage and publication. SECTION 3. The provisions of Section 1 as adopted herein shall become effective July 1, 2004 in accordance with state laws. SECTION4. Savings. The existing chapters and sections of the Bremerton Municipal Code, which are repealed and replaced by this ordinance, shall remain in full force and effect until the effective date of this ordinance. SECTION 5. Severability. If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 2S International Fire Code - Adoption 54 SECTION 6. E#'ective Date. This ordinance shall take effect and be in force on July t, 2004. APPROVED by the City Council the day of ,2004 PASSED by the City Council the day of ,2004 DAREN NYGREN, Council President Approved this day of ,2004 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, Interim City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2004 EFFECTIVE the day of ,2004 ORDINANCE NO. R:kLEGAL\OrdinanceskFireklFC adoption - 2004.doc 29 International Fire Code. Adoption 55 DATE SUBIMiTTED: May 26, 2004 BILL # _ ~-,' - // AGENDA BILL CITY OF BREMERTON ~ b CITY COUNCIL SUBJECT: Public Hearing on an Committee Meeting Date: June 2, 2004 Emergency Ordinance adopting the COUNCIL MEETING Date: June ,~ and 23, 2004 International Building Code, the Department: Community Development International Residential Code, the City Attorney's Office International Mechanical Code and the Presenter: Jim Svensson Uniform Plumbing Code Brett Vinson Phone: 473-5275 473-2345 SUMMARY: Pursuant to Ch. 19.27 RCW, the 2003 editions of the International Building Code, the International Residential Code, the International Mechanical Code, and the Uniform Plumbing Code, as adopted by the State of Washington, apply to all cities, including the City of Bremerton, effective July 1, 2004. The proposed ordinance amends the Bmmerton Municipal Code to formally adopt the same. ATTACHMENTS: Proposed Emergency Ordinance FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: FINANCE DIRECTOR: MAYOR: OPERATIONS: ' COUNC~ PRESIDENT: RECOMMENDED MOTION: l. I mo'~e to approve the proposed emergency ordinance on first reading. t mo ,c to t, ass Ordinance No. on second readinz Emergency Rule affecting WAC 51-54, State Building Code Adoption and Amendment of the 2003 Edition of the International Fire Code The following amendments were approved by the Council at their June 11, 2004 meeting and will be effective July 1, 2004. NEW SECTION WAC 51-54-0300 Chapter 3--General Precautions Against Fire 308.3.1 Open-flame cooking devices. This section is not adopted. 308.3.1.1 Liquefied-petroleum-gas-fueled cooking devices. This section is not adopted. NEW SECTION WAC 51-54-0400 Chapter 4 Emergency Planning and Preparedness 401.2 Approval. Where required by the fire code official, fire safety plans, emergency procedures, and employee training programs shall be approved. 404.2 Where required. A fire safety and evacuation plan shall be prepared and maintained in accordance with this chapter for the following occupancies and buildings when required by the fire code official. 1. Group A having an occupant load of 100 or more. 2. Group E. 3. Group H. 4. Group I 5. Group R-1. 6. Group R-4. 7. High-rise buildings. 8. Group M buildings having an occupant load of 500 or more persons or more than 100 persons above or below the lowest level of exit discharge. 9. Covered malls exceeding 50,000 sf in aggregate floor area. 10. Underground buildings 11. Buildings with an atrium and having an occupancy in Group A, E, or M. 404.4 Maintenance. Fire safety and evacuation plans shall be reviewed by the owner or occupant annually or as necessitated by changes in staff assignments, occupancy, or the physical arrangement of the building. 408.11.1.1 Approval. The lease plan shall be submitted to the fire code official, and shall be maintained on site for immediate reference by responding fire service personnel 408.11.1.2 Revisions. The lease plan shall be reviewed by the owner or occupant and revised annually or as often as necessary to keep them current. NEW SECTION WAC 51-54-0800 Chapter 8--Interior Finish, Decorative Materials and Furnishings 804.1.1 Restricted occupancies. Natural cut trees shall be prohibited in Group 1-1, 1-2, 1-3, 14, LC and R4 occupancies. 804.1.2 Support devices. The support device that holds the tree in an upright position shall be of a type that is stable and that meets all of the following criteria: 1. The device shall hold the tree securely and be of adequate size to avoid tipping over of the tree. 2. The device shall be capable of containing a minimum supply of water in accordance with Table 804.1.2. 3. The water level, when full, shall cover the tree stem at least 2 inches (51 mm). The water level shall be maintained above the fresh cut and checked at least once dally. 804.1.3 Dryness. The tree shall be removed from the building whenever the tree is determined to be dry by needle pliability, discoloration or other approved means as approved by the fire code official. The tree shall be checked daily for dryness. Table 804.1.2--Support Stand Water Capacity Tree Stem Diameter Minimum Support Stand Typical Daily Water (inches) Water Capacity (gallons) Transpiration Amount (gallons) Up to 4 1 ~ to 1 4to6 11/2 1Y4to 11/2 7to8 2 13A to 2 9 to 12 3 2~A to 3 13 and over 4 Over 3 Office of the City Attorney Roger A. Lubovich, City Attorney ! !Memorandum TO: City Council Fi'om: Brett C. Vinson, Assistant City Attorney [[e: International Building and Fire Codes OlatS: June 1, 2004 On July 1, 2004 the 2003 edition of the International Building, Residential, Fire and Mechanical Codes and the 2003 Uniform Plumbing Code, with statewide amendments, will replace the 1997 Uniform Building, Fire and Mechanical Codes and the 2000 Uniform Plumbing Code, all in accordance with the State Building Code Act and the amendments to the Washington Administrative Code promulgated by the State Building Code Council. Cities are required by the State Building Code Act to administer and enforce these codes, but have limited authority to enact local amendments, provided that the amendments do not diminish the statewide minimum performance standards. Over the past ten years, the three major national model building code organizations have been working to develop common code formats and to reduce unnecessary differences between codes. These efforts culminated with the creation of the 2000 editions of the International "family "of codes and the merger of the model code organizations into the International Code Council. With this merger, older codes such as the Unitbrm Building Code are no longer being updated and are slowly becoming obsolete (the 1997 Uniform Building Code was the last edition published). In 2003, the Washington State Legislature amended the State Building Code Act to replace the 1997 Uniform Building, Mechanical and Fire Codes with the 2003 International Codes, while retaining the Uniform Plumbing Code, published by the International Association of Plumbing and Mechanical Officials. Following the Legislature's action, the State Building Code Council promulgated the statewide amendments expressed in Chapters 51-50, 51-52, 51-57, and 51-51 of the Washington Administrati ye Code, to be effective July 1, 2004. 57 ORDINANCE NO. AN EMERGENCY ORDINANCE o£the City Council of the City of Bremerton, Washington, amending Title 17 of the Bremerton Municipal Code to repeal the adoption of the 1997 edition of the Uniform Plumbing Code; to adopt the 2003 edition of the International Building Code, International Residential Code, lnternationalMechanical Code, and the 1997 edition of the Uniform Building Code. Uniform Mechanical Code, and the Uniform Plumbing Code, as amended by the Washington State Building Code Council; and to make other housekeeping amendments to various Bremerton Municipal Code provisions to reference the International Codes as opposed to the Uniform Codes, and further declaring an emergency. WHEREAS, as set forth in Title 17 of the Bremerton Municipal Code, the City has adopted various Washington state and uniform building codes; and WT-IEREAS, pursuant to Ch. 19.27 RCW, the 2003 editions of the International Building Cocle, the International Residential Code, the International Mechanical Code, and the Uniform Plumbing Code, as adopted by the State of Washington, apply to all cities, including the City of Bremerton, effective July 1, 2004; therefore, it is appropriate to amend the Bremerton Municipal Code to formally adopt the same; and WHEREAS, pursuant to City of Bremerton Charter, ordinances must have two public hearings; and WHEREAS, without the passage of this ordinance as an emergency ordinance, it would not become effective until after July 1, 2004, the state mandated effective date; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 17.04 of the Bremerton Municipal Code, entitled "City Building Code," is hereby repealed in its entirety and a new chapter 17.04 entitled "City Building Code" amended as follows: 17.04.010 PURPOSE. The purpose of the City Building Code is to enhance the health, safety and welfare of the public as a whole by ensuring that buildings, dwellings, structures and land will be constructed, maintained and used in a manner so as to reduce hazards, increase durability and require consistent patterns of community development Provided, notwithstanding anything in this International Building Codes- Adoption 58 chapter or in the codes adopted in § 17.04.020 to the contrary, this chapter and the codes adopted in §i7.04.020 establish duties owed to the public as a whole and not any duties to protect any person or class of persons. 17.04.020 STATE BUILDING CODE - ADOPTION. In accordance with Ch. 19.27 RCW, the following codes (collectively, the "building codes") together with any additions, deletions, and exceptions currently enacted or as may be amended from time to time by the State of Washington through its Building Code Council pursuant to the Washington Administrative Code ("WAC"), and as further amended in this chapter, are adopted by reference: (a) The International Building Code, 2003 Edition, published by the International Code Council, Inc., as amended pursuant to Chapter 51-50 WAC. (b) The International Residential Code, 2003 Edition, published by the International Code Council, Inc., as amended pursuant to Ch. 51-51 WAC. (c) The International Mechanical Code, 2003 Edition, published by the International Code Council, Inc., as amended pursuant to Chapter 51-52 WAC. (d) The Uniform Plumbing Code, 2003 Edition, published by the h~ternationai Association of Plumbing and Mechanical Officials, as amended pursuant to Chapter 51-56 WAC and The Uniform Plumbing Code Standards (Appendices A, B, and I to the Uniform Plumbing Code), as amended pursuant to Chapter 51-57 WAC. (e) The Uniform Housing Code, 1997 Edition, published by the International Conference of Building Officials. (0 The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, published by the International Conference of Building Officials. (g) The Washington State Energy Code as written by the Washington State Building Code Council pursuant to Chapter 51-11 WAC. (h) The Washington State Ventilation and Indoor Air Quality Code as written by the Washington State Building Code Council pursuant to Chapter 5 I- 13 WAC. (i) The Uniform Building Code, 1997 Edition, published by the International Conference of Building Officials for the limited purpose to enforce the Uniform Code for the Abatement of Dangerous Buildings and the Uniform Housing Code referenced above. (j). The Uniform Mechanical Code, 1997 Edition, published by the International Conference of Building Officials for the limited purpose to enforce the Uniform Code for the Abatement of Dangerous Buildings and the Uniform Housing Code referenced above. One (1) copy of each of these codes is on file with the City's building official. 17.04.030 CODE CONFLICTS. To the extent allowed by RCW 19.27.040, ifa conflict exists between the provisions of the state building codes adopted by the Washington State Building Code Council and the provisions of Chapter 17.04 of the Bremerton Municipal Code, the Bremerton Municipal Code provisions shall govern. In cases of conflict among the codes enumerated in Section 17.04.020 (a) rhrougt~ (j) above, the first named shall goYem over those following. l~ternational Buildit~g Codes- 2 Adoption 17.04.040 AMENDMENTS TO THE INTERNATIONAL BUILDING CODE - ADMINISTRATION. The following local amendments to the International Building Code previously adopted in BMC 17.04.030 are hereby adopted and incorporated into the International Building Code: (a) General - Building code appendices adopted. Section 101 of the International Building Code, entitled "General," is amended by adding the following new subsection 101.5: Sec. 101.5 Building code appendices adopted. Appendices C, H, I, and J to the International Building Code are hereby adopted; however, the public works director shall have the authority to enforce and interpret Appendix J and, accordingly, all references to the "building official" in Appendix J shall be substituted with the words "public works director." (b) Duties and powers of buiMing official - Lot lines and setback lines. Section 104 of the International Building Code, entitled "Duties and Powers of Building Official," is amended by adding the following new subsection 104.12: Sec. 104.12 Lot lines and setback lines. Notwithstanding the authority of the building official to administer and enforce the building code, the building official shall have no duty to verify or establish lot lines or setback lines. No such duty is created by this code, and none shall be implied. (c) Board of Appeals. Section 112 of the lnternational Building Code, entitled "Board of Appeals," is amended by substituting Section 112 with the following: Sec. 112 Board of appeals. The City o fBremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of altemate materials, design, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section 17.04.140 of the Bremerton Municipal Code. 18.02.050 AMENDMENTS TO THE INTERNATIONAL BUILDING CODE - SECTION 903, AUTOMATIC SPRINKLER SYSTEMS. The following local amendments to Section 903 of the International Building Code, entitled "Automatic Sprinkler Systems," are adopted and incorporated into the International Building Code: (a) Automatic sprinkler systems - Where required. Section 903 of the International Building Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection 903.2 with the following: Sec. 903.2 Where required. Approved fire sprinkler systems shall be installed as follows: IaZernational Buildi~zg Codes- 3 A doptio~t 60 1. In all buildings without adequate fire flow as required by this code. Exception: Group U Occupancies. 2. All new buildings and structures with a gross floor area of 10,000 or more square feet (929 m ), or where this code provides a more restrictive floor area requirement, and shall be provided in all locations or where described by this code. Exception: Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries, and standby engines, provided those spaces or areas are equipped throughout with an automatic fire alarm system and are separated fi:om the remainder of the building by a wall with a fire-resistance rating of not tess than 1 hour and a floor/ceiling assembly with a fire-resistance rating of not less than 2 hours. 3. Where this code requires the installation of an automatic sprinkler system to protect an occupancy within an otherwise non- sprinkled building, then automatic sprinkler protection will be required throughout the entire building. 4. Only 4 hour area separation walls without openings shall constitute separate buildings to allow for a fire sprinkler exemption. (b) Automatic sprinkler systems - bFhere required. Section 903 of the International Building Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection 903.2.l with the following: Sec. 903.2.1 Group A. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as Group A occupancies as provided in this section. For Group A-l, A-2, A-3, and A-4 occupancies, the automatic sprinkler system shall be provided throughout the entire building. For Group A-5 occupancies, the automatic sprinkler system shall be provided in the spaces indicated in 903.2.1.5. (c) Automatic sprinkler systems - I4~here required. Section 903 of the International Building Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection 903.2.1.1 with the following: Sec. 903.2.1.1 Group A-1. An automatic sprinkler system shall be provided for Group A-I occupancies where one of the following conditions exists: 1. The gross fire area of the building exceeds 10,000 square feet. 2. The fire area has an occupant load of 300 or more. The fire area is located on a floor other than the level of exit discharge. [~ternational BuiIdi~g Codes- 4 Adoption 4. The fire ama contains a multi-theater complex. 5. Dance halls where the total gross floor area exceeds 5,000 square feet (465 m2). (d) Automatic sprinkler systems - I4/~here requirecl. Section 903 of the International Building Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection 903.2. 1.2 with the following: Sec. 903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for Group A-2 occupancies where one of the following conditions exists: 1. The fire area of the building exceeds 5,000 square feet. 2. The fire area has an occupant load of 100 or more. 3. The fire area is located on a floor other than the level of exit discharge. (e) Automatic sprinkler systems - ~Fhere required. Section 903 of the Interttatiottal Building Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection 903.2.1.3 with the following: Sec. 903.2.1.3 Group A-3. An automatic sprinkler system shall be provided for Group A-3 occupancies where one of the following conditions exists: 1. The fire area of the building exceeds 10,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. Exception. Areas used exclusively as participant sports arena areas where the main floor area is located at the same level as the level of exit discharge of the main entrance and exit. (f) Automatic sprinkler systems - kFhere required. Section 903 of the International Building Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection 903.2.1.4 with the following: Sec. 903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for Group A-4 occupancies where one of the following conditions exists: 1. The fire area of the building exceeds 10,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. Exception. Areas used exclusively as participant sports arena areas where the main floor area is located at the same level as the level of exit discharge of the main entrance and exit. In tern ation al BuihIing C~dex- 5 Adoption 62 (g) Automatic sprinkler systems - ~Vhere required. Section 903 of the International Building Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection 903.2.2 with the following: Sec. 903.2.2 Group E. An automatic sprinkler system shall be provided for Group E occupancies as follows: 1. Throughout all Group E occupancies where the fire area of the building exceeds 10,000 square feet. 2. Throughout every portion of educational buildings below the level of exit discharge. Exception. An automatic sprinkler system is not required in any fire area or area below the level of exit discharge where every classroom throughout the building has at least one exterior exit door at ground level. 3. Throughout all newly constructed Group E occupancies having an occupant toad of 50 or more for more than 12 hours per week or four hours in any one day. A minimum water supply meeting the requirements of NFPA 13 shall be required. The fire code official may reduce fire flow requirements for buildings protected by an approved automatic sprinkler system. For the purpose of this section, additions exceeding 60 percent of the assessed value of such building or structure, or alterations and repairs to any portion of a building or structure within a twelve-month period that exceeds 100 percent of the value of such building or structure shall be considered new construction. In the case of additions, only 4 hour area separation walls shall define separate buildings regarding sprinkler requirements. Exceptions. 1. Portable school classrooms, provided aggregate areas of clusters of portable school classrooms does not exceed 5,000 square feet (1465 m2); and clusters of portable school classrooms shall be separated as required in Chapter 5 of the building code. 2. Group E day care. When not required by other provisions of this chapter, a fire- extinguishing system installed in accordance with NFPA 13 may be used for increases and substitutions allowed in Section 504.2, 506.3, and Table 601 of the building code. (h) Automatic sprinkler systems - Where required. Section 903 of the International Bailding Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection 903.2.3 with the following: Sec. 903.2.3 Group F. An automatic sprinkler system shall be provided throughout all buildings containing a Group F occupancy where one of the following conditions exists: I~ternational Buihting Codes- 6 Adoption 1. Where the fire area of the building exceeds 10,000 square feet; or 2. Where a Group F-1 fire area is located more than three stories above grade. (i) Automatic sprinkler systems - Where required. Section 903 of the International Building Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection 903.2.6 with the following: Sec. 903.2.6 Group M. An automatic sprinkler system shall be provided throughout all buildings containing a Group M occupancy where one of the following conditions exists: 1. Where the fire area of the building exceeds 10,000 square feet; or 2. Where a Group F-1 fire area is located more than three stories above grade. Automatic sprinkler systems - Speculative use warehouses. Section 903 of the International Building Code, entitled "Automatic Sprinkler Systems," is amended by adding the following new subsection 903.2.8.3: Sec. 903.2.8.3. Speculative use warehouses. Where the occupant, tenant, or use of the building or storage commodity has not been determined or it is otherwise a speculative use warehouse or building, the automatic sprinkler system shall be designed and installed in accordance with the following: 1. The design area shall be not less than 5,600 square feet (520 m2). 2. The density shall be not less than that for class IV non- encapsulated commodities on wood pallets, with no solid, slatted, or wire mesh shelving, and with aisles that are 8 feet or more in width and up to 20 feet in height. 3. Sprinkler piping that is 4 inches and larger in width shall be used and the structural engineer of record shall provide written verification approving of the point and dead loads. (k) Automatic sprinkler systems - Where required. Section 903 of the International Building Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection 903.2.8 with the following: Sec. 903.2.8 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists: 1. Where the fire area of the building exceeds 10,000 square feet; or 2. Where a Group S-1 fire area is located more than three stories above grade h~ternational Buildhtg Codes- 7 Adot~tion 64 (1) Automatic sprinkler systems - Where required. Section 903 of the International Building Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection 903.2.7 with the following: Sec. 903.2.TGroupR. AllGroupRoccupanciesoffive(5)ormoreunits shall be equipped with an automatic sprinkler system installed in accordance with 903.3. Sprinkler heads in kitchens shall be installed (on the ceiling) no more than 2 feet out from the front of the stove top. (m) Automatic sprinkler systems - Installation Requirements. Section 903 of the International Building Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection 903.3.7 with the following: Sec. 903.3.7 Fire departments connection locations. All fire department connection locations (F.D.C.'s) to automatic sprinklers and/or standpipe systems shall be located not less than 3 feet, nor more than 10 feet from the finished edge of an approved fire apparatus access road. ED.C.'s shall not be located more than 50 feet fitom a fire hydrant. F.D.C.'s and fire hydrants shall be located on the same side of an approved apparatus access road. ED.C.'s serving sprinkler systems shall not be located on the wall of a building, unless approved by the fire code official. ED.C.'s serving class 1 or 3 standpipe systems may be located on walls, provided such walls are of fire resistive or noncombustible construction. Exception. ED.C.'s that are not able to be located away from a wall due to physical restrictions, may be located in an area approved by the fire code official. ED.C.'s shall be installed/located at the front of the building not less than 18 inches nor more than 36 inches above the finished grade of an approved fire apparatus access road. F.D.C.'s shall not be obstructed by vehicle parking, carports, garages, refuse storage containers, fences, landscaping or other obscuring features. FDC's shall be provided with tight fitting threaded caps or Knox type lockable caps. (n) Automatic sprinkler systems - Alarms. Section 903 of the International Building Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection 903.4.2 with the following: Sec. 903.4.2 Alarms - Exterior notification. Approved audible alarm devices shall be connected to every automatic sprinkler system. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Alarm devices shall be water-motor operated and shall be provided on the exterior of the building in an approved location at each riser or riser group. International Building Codes- Adoption 65 Exception: NFPA 13D and NFPA 13R sprinkler systems may utilize an electrically operated alarm bell on the exterior of the building in an approved location at each riser or riser group, provided that the electrically operated alarm bell cannot be silenced during water flow. 9.03.4.2.1 Alarms - Interior notification. Actuation of the automatic sprinkler system shall actuate interior audible/visual notification appliances as outlined in NFPA 72 at all exits from all floors or where a fire alarm system is installed. The fire alarm system notification circuits shall provide the interior notification. Exception: NFPA 13D and NFPA 13R sprinkler systems do not require interior audible/visual notification appliances, except ifa fire alarm system is installed, then the fire alarm system notification circuits shall provide the interior notification. 17.04.060 AMENDMENTS TO THE INTERNATIONAL BUILDING CODE - SECTION 907 FIRE ALARM AND DETECTION SYSTEMS. The following local amendments to Section 907 of the International Building Code, entitled "Fire Alarm and Detection Systems" are adopted and incorporated into the International Building Code: (a) Fire alarm and detection systems - General. Section 907 of the International Building Code, entitled "Fire Alarm and Detection Systems," is amended to add subsection 907.l .3 as follows: Sec 907.1.3 Fire detection system. In addition to any requirement of subsection 907.2 or 907.3, ail occupancies exceeding 4,000 square feet gross floor area shall be required to provide an approved addressable automatic fire detection system to meet NFPA 72 requirements. Fire walls as noted in thc International BuiMing Code shall not be considered to separate a building to enable deletion of the required fire detection system unless the fire walls are as defined in section 902 of this code. Exceptions: 1. Group U Occupancies. 2. Occupancies protected throughout by an approved/monitored automatic sprinkler system can delete heat detectors from the system. 3. One and two family residences. 4. Those buildings that require 10 or less fire alarm devises pursuant to 907.2. (b) Fire alarm and detection systems -/47wre Required. Section 907 o£the b~:ernational Building Code, entitled "Fire Alm~n and Detection Systems," is amended by substituting subsection 907.2 with the following: l~ternational Building Codes= 9 Adoption 66 Sec. 907.2 Where required. In addition to the requirements set forth in Sections 907.2. t through 907.2.23, all new occupancies of Groups A, B, E, F, H, I, M, R, and S, within ne~v or existing buildings or structures, where the fire area exceeds 4000 square feet, an approved manual and automatic fire alarm system shall be provided. Approved addressable fire alarm systems will be required in all buildings having 10 or more fire alarm system devices. Where automatic sprinkler protection installed in accordance with Section 903.3.1.1 or 903.3.1.2 is provided and connected to the fire alarm system, automatic heat detection requirements of this section may be modified upon specific approval by the fire code official. In all remodels of existing non-sprinkled buildings over 4,000 square feet gross floor area, when the value ofanyremodel work exceeds 50 percent of the buildings assessed valuation. In any non-sprinkled existing building over 4,000 square feet gross floor area when a change in occupancy use classification occurs. (c) Fire alarm and detection systems - Duct smoke detectors. Section 907 of the international Building Code, entitled "Fire Alarm and Detection Systems," is amended to repeal Exception 1 in subsection 907.12. The amended subsection 907.12 reads as follows: Sec. 907.12 Duct smoke detectors. Duct smoke detectors shall be connected to the building's fire alarm control panel when a fire alarm system is provided. Activation of a duct smoke detector shall initiate a visible and audible supervisory signal at a constantly attended location. Duct smoke detectors shall not be used as a substitute for required open area detection. Exception: In occupancies not required to be equipped with a fire alarm system, actuation of a smoke detector shall activate a visible and an audible signal in an approved location. Smoke detector trouble conditions shall activate a visible or audible signal in an approved location and shall be identified as air duct detector trouble. (d) Fire alarm and detection systems - Monitoring. Section 907 of the International Building Code, entitled "Fire Alarm and Detection Systems," is amended by substituting subsection 907.15 with the following: Sec. 907.15 Monitoring. Where fire alarm systems are required by this chapter or by the International Building Code, a U.L.-listed central monitoring station in accordance with NFPA 72 shall monitor fire alarm systems. Exception: Supervisory service is not required for: 1. Single-and multiple-station smoke alarms required by Section 907.2~10. 2~ Smoke detect~rs in Group I-3 occupancies. lt~ternatio~al Building Code_,- 10 Ado#tio~ 67 3. Automatic sprinkler systems in one- and two-family dwellings. 4. Those existing R-1 and R-2 occupancies that are addressed by section 18.03.120(a) of the Bremerton Municipal Code. (e) Fire alarm and detection systems - Monitoring. Section 907 of the International Building Code, entitled "Fire Alarm and Detection Systems," is amended by adding a new subsection 907.17.1: Sec. 907.17.1 Testing Prerequisites. Upon completion of the installation or alteration, a satisfactorytest of the entire system and its functions shall be made in the in the presence of the fire code official within two weeks of completion of installation. Prior to the acceptance test, written documentation shall be provided to the fire department certifying that the system has been installed and pre-tested in accordance with the approved plans and specifications. ( f) Fire alarm and detection systems - Monitoring. Section 907 of the International Building Code, entitled "Fire Alarm and Detection Systems," is amended by adding a new subsection 907.2 t: Sec. 907.21. Location/Security. The control unit, remote annunciator, alarm panel, and access keys to locked tim alarm equipment shall be installed and mdmtained in a location approved by the fire code official All occupancies equipped with a fire sprinkler or alarm system shall install a key safe below an exterior hom strobe and near the access to the remote annunciator or main entrance. Alarm panel access keys and building access keys or master keys shall be provided and kept in an on-site wall mounted entry key safe provided by the building owner and shall meet specifications of the fire code official. (g) Fire alarm and detection systems - Monitoring. Section 907 of the International Building Code, entitled "Fire Alarm and Detection Systems," is amended by adding a new subsection 907.22: Sec. 907.22. Instructions. Written operatinginstmctions for the f~e alarm system shall be provided and kept in an on-site wall mounted entry key safe provided by the building owner and shall meet specifications of fire code official. All alarm systems shall be capable of be'rog silenced without having to be reset. Alarm panels that require a reset code to silence or reset the system shall be programmed with a fire department reset code that is approved by the fire code official. 17.04.070 AMENDMENTS TO THE INTERNATIONAL BUILDING CODE - SECTION 3002 ELEVATORS AND CONVEYING SYSTEMS The following local amendments to Section 3002 of the International Building Code entitled "Elevator and Conveying Systems" are adopted and incorporated into the International Budding ('c~de: International Building Codes- 11 Adoption 68 (a) Elevators and conveying systems. Section 3002.4 entitled "Elevator Car to acconunodate ambulance" is amended by substituting Section 3002.4 with the following: 3002.4 Elevator car to accommodate ambulance stretcher. In buildings three stories in height or more, at least one elevator shall be provided for fire department emergency access to all floors. Such elevator car shall be of such a size and arrangement to accommodate a 24-inch by 76-inch (610 mm by 1930 mm) ambulance stretcher in the horizontal, open position and shall be identified by the international symbol for emergency medical services (star of life). The symbol shall not be less than 3 inches (76 mm) high and shall be placed inside on both sides of the hoistway door frame. 17.04.080 AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE. The following local amendments to the International Residential Code previously adopted in Bremerton Municipal Code 17.04.030 are hereby adopted and incorporated into the International Residential Code: (a) Duties and powers of building official - Lot lines and setback lines. Section R104 of the International Residential Code, entitled "Duties and Powers of Building Official," is amended by adding the following new subsection R104.12: Sec. R104.12 Lot lines and setback lines. Notwithstanding the authority of the building official to administer and enforce the building code, the building official shall have no duty to verify or establish lot lines or setback lines. No such duty is created by this code, and none shall be implied. (b) Board of appeals. Section R112 of the International Residential Code, entitled "Board of Appeals," is amended by substituting Section R112 with the following: Sec. Rl12.1 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials, design, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section 17.04.140 of the Bremerton Municipal Code. 17.04.090 AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE. The follo~ving local amendments to the International Mechanical Code previously adopted in Bremerton Municipal Code 17.04.030 are hereby adopted and incorporated into the international Mechanical Code as if fully set forth therein. (a) Violations - Penalties. Section 108 of the International Mechanical Code, entitled "Violations," is amended by substituting subsection 108.4 xvith the following: Sec. 108.4 Penalties. Any person who violates a provision of this code or fails to comply with any of its requirements or who erects installs, htternational Buihtit~g Codes- 12 Adoption alters, or repairs mechanical work in violation of: (a) the approved construction documents, (b) a directive of the building code official, or (c) a permit or certificate issued under the provisions of this code, shall be subject to penalties as set forth in section 17.04.150 of the Bremerton Municipal Code or as otherwise provided by law. (b) Means of appeal ~ Board of appeals. Section 109 of the International Mechanical Code, entitled "Means of Appeal," is amended by substituting Section 109 with the following: Sec, 109 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials, designs, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section 17.04.140 of the Bremerton Municipal Code. 17.04.100 AMENDMENTS TO THE UNIFORM PLUMBING CODE. The following local amendments to the Uniform Plumbi~,g Code previously adopted in BMC 17.04.030 are hereby adopted and incorporated into the Uniform Plumbing Code: (a) Title, scope, and general - Appendices adopted. Section 101 of the Uniform Plumbing Code, entitled "Title, Scope, and General," is amended by adding the following ne~v subsection 101.6: Sec. 101.6 Appendices adopted. The Uniform Plumbing Code standards set forth in Appendices A, B, and I of the Uniform Plumbing Code are hereby adopted. (b) Organization and enforcement - Penalties. Section 102 of the Uniform Plumbing Code, entitled "Organization and Enforcement," is amended by substituting subsection 102.3.2 with the following: Sec. 102.3.2 Penalties. Any person who violates a provision of this code or fails to comply with any of its requirements or who erects, installs, alters, or repairs plumbing work in violation of: (a) the approved construction documents, (b) a directive of the building code official, or (c) a permit or certificate issued under the provisions of this code, shall be subject to penalties as set forth in section 17.04.150 of the Bremerton Municipal Code or as otherwise provided by law. (c) Organization and enforcement - Board of appeals. Section 102 of the Uniform Plumbing Code, entitled "Organization and enforcement," is amended by substituting subsection 102.4, a subsection that was added to the state code in accordance with WAC 51-56-0100, with the following: Sec. 102.4 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and International Building Codes- 13 A doptiott decide appeals of orders, decisions, or determinations made by the building official relative to the suitability o falternate materials, designs, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section l 7.04.140 of the Bremerton Municipal Code. 17.04.110 AMENDMENTS TO THE UNIFORM HOUSING CODE (UHC). The following local amendments to the Uniform Housing Code previously adopted in BMC 17.04.030 are hereby adopted as if fully set forth therein. (a) Repealer. Chapters 12 through 13 of the Uniform Housing Code are hereby repealed. (b) Board ofapl~eals. Section 203 of the Uniform Housing Code, entitled "Board of appeals," is amended by substituting Section 203 with the following: Sec. 203 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials, design, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section 17.04. 140 of the Bremerton Municipal Code. (c) Violations. Section 204 of the Uniform Housing Code, entitled "Violations," is amended by substituting Section 204 with the following: Sec. 204 Violations 204.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, demolish, or occupy any building, structure, or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code. 204.2 Violation penalties. Any person who violates a provision of this code or fails to comply with any of its requirements or who erects, constructs, alters or repairs a building or structure in violation off (a) the approved construction documents, (b) a directive of the building official, or (c) a permit or certificate issued under the provisions of this code, shall be subject to penalties as set forth in section 17.04.150 of the Bremerton Municipal Code or as otherwise provided by law. (a) UHC Section 1001,2(15) is amended to read: Inadequate Sanitation. Buildings or portions thereof shall be deemed substandard when they arc unsanitary. Inadequate sanitation shall include, but not be limited to, the following: (15) Lack of adequate garbage and rubbish storage and removal of Fac/l/ties as determined by the building officiak D~te'r~tatiottal Buildittg Codes- 14 Adoption 72 17.04.120 AMENDMENTS TO THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS (DBC). (a) Repealer. Chapters 5 and 6, of the Uniform Code for the Abatement of Dangerous Buildings are repealed. (b ) Purpose. Section 102.1 of the Uniform Code for the Abatement of Dangerous B~dldings entitled "Purpose" is amended by substituting Section 102.1 with the following: 102.1 Purpose. It is the purpose of this code to provide a just, equitable and practicable method, to be cumulative with and in addition to any other remedy provided by the Building Code, Housing Code or otherwise available by law, whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants may be required to be repaired, vacated or demolished. It is hereby found that there exists within the City dwellings which are unfit for human habitation, and building structures, and premises or portions thereof which are unfit for other uses due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire, accidents, or other calamities, inadequate ventilation and uncleanliness, inadequate light or sanitary facilities, inadequate drainage, overcrowding, or due to other conditions which are inimical to the health and welfare of the residents of this City. The purpose of this code is 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 this code. (c) Abatement of dangerous buildings. Section 202 of the Uniform Code for the Abatement of Dangerous Buildings, entitled "Abatement of Dangerous Buildings," is amended by substituting Section 202 with the following: Sec. 202. Abatement of dangerous buildings. All buildings or portions thereof which are determined after inspection by the building official to be dangerous as defined in this code are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal. (d) ~'iolations, Section 203 of the Uniform Code for the Abatement of Dangerous Building,', entitled "Violations," is amended by substituting Section 203 with the following: Sec. 203 Violations. 203.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect, construct, alter, extend, repair, move, remove, demolish, or occupy any building, structure, or equipment regulated by this code, or cause the same to be done, in conflict with or in violation ofm~y of the provisions of this code International Building Codes~ 15 ,4doptiot~ 72 203.2 Violation penalties. Any person who violates a provision of this code or fails to comply with any of its requirements or who erects, constructs, alters or repairs a building or structure in violation of: (a) the approved construction documents, (b) a directive of the building official, or (c) a permit or certificate issued under the provisions of this code, shall be subject to penalties as set forth in section 17.04.150 of the Bremerton Municipal Code or as otherwise provided by law. (e) Board of Appeals. Section 205 of the Uniform Code for the Abatement of Dangerous Buildings, entitled "Board of Appeals," is amended by substituting Section 205 with the following: Sec. 205 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials, designs, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section 17.04.140 of the Bremerton Municipal Code. (1). General - Definitions. Section 301 of the Uniform Code for the Abatement of Dangerous Buildings is amended as follows: See. 301 General. For the purpose of this code, certain terms, phrases, words, and their derivatives shall be construed as specified in either this chapter or as specified in the building code or the housing code. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. "Webster's Third New International Dictionary of the English Language, Unabridged," copyright 1986, shall be construed as providing ordinary accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. Building code is the International Building Code or the International Residential Code, as may be applicable, promulgated by the International Code Council, Inc., as adopted by this jurisdiction. Dangerous building is any building or structure deemed to be dangerous under the provision of section 302 of this code. Endangered as used in section 302 means negatively affected, to any degree, by any and all conditions, actions or omissions which, singularly or together, reduce or are likely to reduce or negatively impact the life or limb, health, property or safety of the public, including but not limited to, economy in the provision of public service, general welfare, economic viability, or security in the enjoyment of the community. Health officer as used in this code shall mean the building official or his or her designee. Housing code is the Utc(form Housing t, ternational Building Codes- 16 Adoption 73 Code promulgated by the International Conference of Building Officials, as adopted by this jurisdiction. (g) Unfit Buildings and Premises. Section 302 of the Uniform Code for the Abatement of Dangerous Buildings entitled "Unfit Buildings and Premises" is amended as follows: 302 Unfit Buildings And Premises. For the purpose of this code, any building, structure or premises which has any or all of the conditions or defects hereinafter described shall be deemed to be an unfit building or premises, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered: 15. Whenever any building, structure or premises, because of inadequate maintenance, dilapidation, decay, damage, faulty constmction or arrangement, inadequate light, air or sanitation facilities, accumulation of garbage or refuse, or otherwise, is determined by the building officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease to the occupants, occupants of neighboring dwellings or other residents of the city. When a structure or premises is declared unfit under this subsection, repair as used in the DBC shall include removal of the condition. (h) Account Expense, Filing of Report. Section 901 of the Uniform Code for the Abatement of Dangerous Buildings entitled "Unfit Buildings and Premises" is amended as follows: 901 Account Of Expense, Filing Of Report. The director of public works shall keep an itemized account of the expense incurred by this jurisdiction in the repair or demolition of any building or premises done pursuant to the provisions of Section 701.3, Item 3, of this code, the cost of vacation and closing a building under 403 and the administrative costs incidental to abatement as set by council resolution. Upon the completion of the work or repair, removal or demolition, said director shall prepare and file with the clerk of this jurisdiction a report specifying the work done, the itemized and total cost of the work including administrative charge, a description of the real property upon which the building or structure or condition is or was located, and the names and addresses of the persons entitled to notice pursuant to Section 401.3. I~ternational Buildit~g Codes- 1 ? AdolJtiolt 7,t (i) Interest. Section 908(b) of the Uniform Code for the Abatement of Dangerous Buildings entitled "Interest" is amended as follows: 908(b) Interest. All such assessments remaining unpaid after 30 days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the rate provided for in RCW 84.56.020 as now or hereafter amended for delinquent taxes from and after said date. (j) Report to Assessor and Tax Collector: Addition of Assessment to Tax Bill. Section 909 of the Uniform Code for the Abatement of Dangerous Buildings entitled "Report to Assessor and Tax Collector: Addition to Tax Bill" is amended as follows: 909 Report To Assessor And Tax Collector: Addition Of Assessment To Tax Bill. After confirmation of the report, the Treasurer shall certify to the County Treasurer the amount of such assessment due and owing. (k) Collection of Assessment: Penalties for Foreclosure. Section 911 of the Uniform Code for the Abatement of Dangerous Buildings entitled "Collection of Assessment: Penalties for Foreclosure" is amended as follows: 911 Collection of Assessment: Penalties for Foreclosure. shall be The County Treasurer shall enter the amount of such assessment upon the tax rolls against the property and pursuant to RCW 35.80.030, the same or the annual installment shall become a part of the general taxes for that year to be collected at the same time and with interest as such rates and in such manner as provided for in RCW 84.56.020, as now or hereafter amended, for delinquent taxes. If the legislative body of this jurisdiction has determined that the assessment shall be paid in installments, each installment shall become a part of the general taxes for that year to be collected at the same time with interest at such rate and in such manner as provided for in RCW 84.56.020, as now or hereafter amended, for delinquent taxes. 17.04.130 BUILDING CODES - FEES. The City Council shall, by resolution, establish the fees to be assessed for the codes adopted in Ch. 17.04 BMC. 17.04.140 APPEALS. (a) Appeals to the hearing examiner. (1) durisdiction. The City hearings examiner has been designated as the board of appeals and shall have jurisdiction over all matters concerning the application of the building codes cited in Ch. 17.04 BMC. The City hearings examiner, however, shall have no authority International Building Codex- l 8 Adoption 75 relative to interpretation of the administrative provisions of these codes, nor shall the City hearings examiner be empowered to waive requirements of these building codes. (2) Filing. Appeals shall be filed with the hearings examiner in accordance with Ch. 2.13 Bremerton Municipal Code. (3) Standing. Standing to bring an appeal under this chapter is limited to the following persons: (i) The applicant and the owner of property to which the permit decision is directed. (ii) Another person aggrieved or adversely affected by the order, determination, or decision, or who would be aggrieved or adversely affected by a reversal or modification of the order, determination, or decision. A person who is aggrieved or adversely affected within the meaning of this section only when all of the following conditions are present: a. The order, determination, or decision has prejudiced or is likely to prejudice that person; b. A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the order, determination, or decision; and c. The appellant has exhausted his or her administrative remedies to the extent required by law. (b) Appeals to superior court. Appeals to the hearings examiner shall be made pursuant to Ch. 2.13 Bremerton Municipal Code. 17.04.150 VIOLATION - PENALTY. (a) Any violation of any provision of the City Building Code, Chapter 17.04 BMC, constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of the City Building Code, Chapter 17.04 BMC, shall be guilty of a misdemeanor pursuant to Section 1.12.020(2) BMC. SECTION 2. Finding of an Emergency. Pursuant to City of Bremerton Charter Section 15(4)(b), the City Council declares an emergency to exist and authorizes this ordinance to become effective upon passage and publication. SECTION 3. The provisions of Section 1 as adopted herein shall become effective July 1, 2004 in accordance with state laws. SECTION 4. Savings. The existing sections of the Bremerton Municipal Code, which are repealed, replaced, an&'or amended by this ordinance, shall remain in full force and effect until the effective date of this ordinance. l~tternational Building Codes- ! 9 A doptiott 76 SECTION 5. Severabilit¥. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6. Effective date. This Ordinance shall take effect and be in force on July 1, 2004. APPROVED by the City Council the day of ,2004 PASSED by the City Council the day of ,2004 DAREN NYGREN, Council President Approved this day of ,2004 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, Interim City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2004 EFFECTiVE the day of ., 2004 ORDINANCE NO. R:\LEGAL\Ordinances'xCommunity Development\International BuildingCodes-Adoption.doc I~ternational Bt~ilding Codes- 20 Adoption 77 DATE SUBMITTED: May ~., 299~,- BILL June 2, 2004 AGENDA BILL CITY OF BREMERTON 6 ~ CITY COUNCIL SUBJECT: Resolution # .:2 7'~7 authorizing Committee Meeting Date: June 9, 2004 the City to receive a State Revolving Fund COUNCIL MEETING Date: June 1~ 2004 Loan· Department: PW&U, Engineering Presenter: Tom KnuckeyC.'?'~/?~-~-- Phone: 473-2376 SUMMARY: The City has been awarded a $1,075,000 Washington State Water Pollution Control Revolving Fund (SRF) low-interest loan (Application No. FP04097) to fund CSO Reduction Improvements included in the Cherry and Trenton Avenue Basins. This agreement is under the same terms and conditions as prior agreements. ATTACHMENTS: Resolution No. FISCAL IMPACTS (Include Budgeted Amount): Funds would not be available to construct the Improvements. APPROVALS: . / DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: .... FISCAL/BUDGET: RECOMMENDED MOTION: Move to approve ix. esmunon pqo. authorizing the City of Bremerton to receive an SRF Loan for the Cherry and Trenton Avenue Basins, and authorize the Mayor to finalize and execute the loan agreements subject to City Attorney approval of final relevant terms and conditions. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action ab, Agenda Bills 2004, Loan PW-04-69b010 78 RESOLUTION NO. ,~ i'~ A RESOLUTION of the City Council of the City of Bremerton, Washington, approving a State Revolving Fund Loan (SRF) for Cherry/Trenton CSO Reduction. WHEREAS, the Department of Ecology, a Washington State Agency, has established a State Revolving Fund (SRF) for providing financial assistance for partial reimbursement for the Construction of Cherry/Trenton CSO Reduction - Final Improvements; and WHEREAS, the City of Bremerton desire to participate in the loan from said SRF; and WHEREAS, a requirement to participate requires a resolution of the governing body authorizing the City of Bremerton to receive said SRF loan; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City of Bremerton desires to participate in the SRF Loan Program. SECTION2. The City Council of the City of Bremerton does hereby authorize the City of Bremerton to receive a SRF Loan for the construction of the Cherry/Trenton CSO Reduction - Final Improvements pursuant to the terms and conditions of said loan. SECTIONS. The Mayor is authorized to take any and all actions as are necessary and appropriate to participate in the SRF Loan Program. SECTION 4. Severabilim If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION $. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremcrton, Washington this __ day of ,2004. DAREN NYGREN, Council President APPROVED AS TO FOILM: ATTEST: ROGER A. LUBOVICH City Attorr~ey PAULA JOItN~STON, Inte~irn City Clerk SRF - Cherry/Trenton Final hnprove~nents 79 The Honorable Cary Bozeman, Mayor City of Bmmerton 239 4th Street Bremerton, WA 98337 Re: Washington State Water Pollution Control Revolving Fund FY 2004 Funding Cycle FP04097/Cherry/Trenton CSO Redudion - Final Improvements Dear Mayor Bozeman: ] am pleased to provide you with the enclosed state fiscal year 2004 (FY 2004) Final Offer List for the Centennial Clean Water Fund (Centennial), the federal Clean Water Act Section 319 Nonpoint Source Fund (Section 319), and the Washington State Water Pollution Control Revolving Fund (SRF). In addition, a copy of the FY 2004 SRF Final Intended Usa Plan (IUP) is also included for your information. Both documents identify projects where Ecology is making grant and loan offers during FY 2004. An amount up to $1,075,000 with a loan term of 20 years at 1.5 percent interest, from the SRF, is shown on the FY 2004 Final Offer List for your project. The final loan amount awarded will be based on negotiations between you and Ecology regarding the project scope of work, budget, technical considerations, reasonableness of cost, and eligibility determinations. You will have until August 16, 2004, to negotiate and sign a loan agreement with Ecology. We will be scheduling two grant and loan administration training workshops for existing and new recipients during the next several months. The purpose of the training is to explain how to effectively and efficiently meet Ecology grant and loan requirements. When these training sessions are announced, please encourage those staff directly involved with the fiscal and management responsibilities for your project to attend. Mike Dawda, in our Northwest Regional Office, has been assigned as project manager and Share Sidling, in our headquarters office in Lacey, will be the financial manager for your project. Mike will contact you to establish a time to begin agreement negotiations. However, if you would like to discuss project issues or the process for negotiating your grant, please feel free to contact him by telephone at (425) 649-7027. If questions about financial issues arise, Share can be reached by telephone at (360) 407-6570, The Honorable Cary Bozeman Page 2 August 15, 2003 Please contact Dan Filip at (360) 407-6510 if you have questions regarding this letter or the FY 2004 Final Offer L/st. We look for~vard to ':,'cF, ring with you to complete this valuable water quality project, Sincerely, Dick Wallace, Interim Manager Water Quality Program DW:TKR:tkr Enclosures cc: Thomas Knuckey, City of Breme~lon 81 Cherry/Trenton CSO Reduction - Final Improvements, SRF~ Application No. FP04097 Background: This loan funds two CSO Reduction Improve~nents for the Trenton and Cherry Avenue Basins; lining of a deep gravity sewer to safeguard it from failure, and replacement of a bottleneck in an existing beach sewer. Amount offered: $1,075,000 Terms: Interest Rate is 1.5%, 20-years. Debt Service: Approx $62,250/year Pacific Avenue CSO Reduction~ PWTF~ Loan No. PW-04-691-010 Background: This loan provides matching funds for the grant that is partially funding CSO Reduction Improvements in the Pacific Avenue Basin. The improvements to be constructed include a large diameter gravity storm sewer to be constructed in conjunction with the Pedestrian Access Improvements, and collection sewers throughout the basin. Amount offered: $4,960,000 Terms: Interest Rate varies depending on match; maximum is 2%, minimum is 0.5%; 20- years. Debt Service: Approx $274,000/year (assuming 1% interest rate) Anderson Creek On-Site Hypochlorite Generation~ DWSRF~ Loan No. 03-65103-009 Background: This loan funds installation ora Hypochlorite Generator that uses electricity to convert table salt and water into a chlorine solution to provide disinfection of drinking water at the Anderson Creek Water Pump Station. This unit will replace the existing aging Gas Chlorine equipment. Amount offered: $101,000 Terms: Interest Rate is 1.5%, 20-years. Debt Service: Approx $5,900/year Reservoir Seismic Valves and Upgrades~ DWSRF~ Loan No. 03-65103-010 Background: This loan funds design of seismic isolation valves for Resen~oirs No. 5, 15/18, and 17/20, and also funds design and construction of seismic upgrades to Reservoirs no. 5 and 8. All of the upgrades addressed by this loan are identified in seismic vulnerability assessments performed for the water system. Amount offered: $505,000 Terms: interest Rate is 1.5%, 20-years Debt Service: Approx $29,000/year DATE SLq3MIFTED: 6/3/04 BILL # ; 4 -~_ AGENDA BILL CITY OF BRENfERTON ~ F CITY COU'~qCiL SUBJECT: Resolflhon Ap '~ln=____ Committee Meeting Date: 6/9/04 Assignment of City Garbage Contract from COUNCIL MEETING Date: 6/14/04 Rabanco, Ltd dba Kitsap Disposal to Waste Department: Financial Services Management, Inc. dba Brem-Air Disposal Presenter: Michael Wilson Phone: 473-5590 SUMMARY Rabanco, Ltd dba Kitsap Disposal requests that the City o f Bremerton approve the assignment of the Comprehensive Garbage, Recyclables arid Yard Debris Collection Contract from Rabanco to Waste Management of Washington, [nc. dba Brem-Air Disposah This transfer is scheduled for August 1, 2004. Waste Management has a broader presence in Kitsap County including servicing all of the unincorporated areas throughout the county as well as operating the Kitsap County Transfer Station. Customer routes, schedules and garbage rates viii remain the same lbr the rest of 2004. Waste Management ,,,,'ill endeavor to make this transfer seamless for City residents. ATTACItMENTS: Resolutiom Letter ofassigmnent, Operating Plan amt Press Release FISCAL IMPACTS (Include Budgeted Amount): None. Garbage rates remain tile same so it Is expected that utility tax revenue will remain at budget. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: · ' ;~' CONSENT AGENDA [] OPERATIONS: ~ ~ ~'~-,--~ - L CO[;~CIL PRESIDENT: ~"T'"-, . ,. ~a,,t ~ .,~... ~.f ...... RECOMMENDED MOTION: Mc;,,e to pass Resolution # :,, '. app:roving the proposed assignment and conveyance of the Compmi~ensive Garbage, t',ecyclabks arid Tafd Debris Coltectkm Contract f~om' Rabanco, Ltd V/aste Management of Washiagto~ Inc. 82 RESOLUTION NO. 4 i ;~. A RESOLUTION of the City Council of the City of Bremerton, Washington, approving the proposed assignment and conveyance of thc Comprehensive Garbage, Recyclables and Yard Debris Collection Contract from Rabanco, LTD to Waste Management of Washington Inc. WHEREAS, Rabanco, LTD, ("Rabanco") currently manages by contract the City's Comprehensive Garbage, P, ecyclables, and Yard Debris Collection Contract (the "Contract"); and WHEREAS, Rabanco and Waste Management of Washington Inc. ("Waste Management") have completed negotiations whereby Rabanco intends to assign its contractual responsibilities to Waste Management; and WHEREAS, Section 6.8.2 of the Contract requires the City to approve any such assignment; and WHEREAS, Waste Management desires to accept the assignment from Rabanco and continue to provide comprehensive garbage, recyclables, and debris collection under the same terms and conditions through December 31, 2006, thc term of the current contract; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION L The City hereby consents to the assignment and conveyance of the Contract from Rabanco to Waste Management under the same terms and conditions of the current contract and Waste Management accepts the assignment under the same terms and conditions of the current contract pursuant to the acceptance document as depicted in Exhibit ^. SECTION2. Effective Date. The Assignment effective date will be August 1, 2004. SECTION3. Severabili~¥. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. PASSIED by the City Council of the City of Bremerton, Washington this __ day of ,20 D.'~REN NYGREN, Council President }~'aste Management ,4ssig~tment APPROVED AS TO FORM: ATTEST: ROGER A, LUBOVICH, City Attorney PAULA JOHNSTON, City Clerk R: /EGAL',Resolutions/rabanco wastemanagement garbage assignment DOC } }'~a s te Ma n agem el~ t A ssig~: men t 84 EXHIBIT A ACCEPTANCE Director of Financial Services City of Bremerton 239 Fourth Street Bremerton, Washington 98337 This is to advise the City of Bremerton, Waste Management of Washington Inc. hereby accepts the terms and conditions of Resolution No. , passed by the City Council on _, consenting to assignment and conveyance of the Comprehensive Garbage, Recyclables and Yard Debris Contract from Rabanco Ltd., and Waste Management of Washington Inc. agreeing to be subject to the same terms and conditions of the current contract through December 31, 2006~ WASTE MANAGEMENT OF WASHINGTON 1NC. By: Title: Date: STATE OF .) )ss COUNTY OF .) This Acceptance was acknowledged before me on the day of ., 20__, by as , a duly authorized representative of Notary Public for the State of My Commission Expires: 3 }~aste Management Assig~tmet~t 85 ~r~me~on, ~,~,.5~ 98337 Wi~h tlfis let!er Rabanc0 Ltd,. db~ Kitsap DiposaI and Recpclh~g Cor, pa~L mq,Jests ~hat the City approve the aaigmcnt of the "Conmreheas~ve Oarbago Recvclables ~otlcc ~on Cc nt~ac! ~o~ R~dmnco Ltd to Waste Managemea{ of W~ngro~i~ d/~ Brem Air Disp0~fl C:ompm~). Qs fou kno~4 [~b~x? mak~g this re ues~ ~u s ke wi -: - ' ~ '- ' , ' ,- q ~ th ~m~ou.~ individuals m the C~tv and based on tho~ convermtions we tru~ I~ ins request will ~ hverably received. very ravoragN ~etat~onsb p wiih ihe City, ~d we wish ~o nmk~iain that connection. ~-he crkical detciminalion fi~r dl p~ties - both ~ban~ and Waate Ma~mgement. ~d cert~ly the City is how this c~ngc might a~l or even behest our cusiomer~, your c/tkens. We Lrli,:ve it will be ~neficial. Although we are proud of the serGces provided by om' company, mu'et be acknowledge< that Wx~e Mamgement has a ~oader [~esencc N Kits~p CounW, result of its Operations al the ~;J~sap Count? Tra~i~r S~fior~ a~ well ~ ' - a~ ~s collation operations d~ghout the ~tinco~o~ed ~m around the City~ Wast~ ~gemenl c~ potentially offer intel~adon of semites and nmre aggressive commercial and multifamily recycling efforts, whiN ~il~ performing basic solid waste collection under the Contract al cu~ent rates ~%ich as you ~tow ~e very co~etitive, We have met with your Cky staffand can assure you t~t the tramifion in service ~om Ra~nco to Waste Management will ~ a seamless one wkh no ~sruption fl~ se~ice to cu~omers. For ex~aple, we have ~reed to sell cu~ent ~ntainers now in place at custom~ locations to Mano~ement, thus negating [he need lo switch out c~to~r contacts. St~'h~ ~e addi'~ional ~ugges~ions wkh which ~>th complies have a~eed to comply m~d which wil~ hcilkate ~e transitlon of serviccs~ Fu~M~ore. ~hste M~agement ~d Rabanco operati0a mm;agers will ~ meeting wi~h ~affsho~ly [o identi[~ all the steps rcquir~ ~r a successlbl chm~geover, We haYe all plcdg~ 1o ~v)rk tog~her so t~'t the only difference 1o the c~Jstomer will be the color on ihe tmckm .... ~ .... o; d e Control allows ~oi ass~g~men! following t~ ~q'~cn approval of the d,~pl~ca~on of overtopping or less ~ wot~ld request ytmr approval cc: ~-,~e Js John,~on WASTE MANAGEMENT OF WASHINGTON BREM-AIR DISPOSAL OPERATING PLAN CITY OF BREMERTON June 4th Send out approved news release Announce to Kitsap Disposal and Brem-Air employees that the City of Bremerton contract is under discussion by the City Council to transfer the contract to Waste Management dba Brem-Air Disposal. June 7th Receive hard copy route data from Kitsap Disposal. Brem-Air staff will analyze route data to ensure exact needs to fulfill the contract. Kitsap Disposal employees will receive Waste Management applications, schedule interviews. June 9th Bremerton Legislative Review Committee Study Session. In attendance will be, Terry Bickel, Brem-Air's District Manager, and Jerry Hardebeck, Waste Management's Municipal Contract Manager. June 14th Bremerton City Council Meeting. Attending will be Terry Bickel, Brem-Air's District Manager, and Jerry Hardebeck, Waste Management's Municipal Contract Mgr. July 5th Decisions completed for additional staffing and routing. Electronic transfer of customer information from Kitsap Disposal to Brem-Air will take effect, weekly updates through July. July 19th Start practice trial runs of Kitsap Disposal's existing routes. All routes and customer pick up's will remain the same through the end of the year. If any routing efficiencies need to be addressed in 2005, Brem-Air Disposal will comply with ali terms of the existing contract. Mai! ;?,formation letters to a!i customers 88 For Immediate Release Press Release from the City of Bremerton June 4, 2004 The City of Bmmerton announced today that it has received a request from Kitsap Disposai Company (the City's current garbage collection contractor) to allow for the transfer of the City's garbage contract to Brem-Air Disposal, a Waste Management company. The City Council wilt review the request at its next scheduled Legislative Review Committee Study Session on June 9, 2004 and consider transfer approve! at the City Councit meeting scheduled for June 14, 2004. The transfer date is set for Augus( 1, 2004. There will be NO change in cuszomers' containers or carts, service days (the day on which a customer's garbage is colte~ed) or the rates that customers are currently paying for their collection services. Brem-Air has expressed its delight in once again being able to serve our City community. Brem-Air lost the contract pt the end of 2001 to Kitsap Disposal th~'ough the competitive bid process. With the assignment, an informational packet (including biliing information) wilt be mailed to households and businesses during the month of July. Customers are asked to be on the lookout for this mailing. For more information contact Paula Johnston, interim City Clerk, at 473-5323. 89