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HomeMy WebLinkAbout06/20/2007 AGENDA lim.,. I tiI , , FILE f @OV\? @I) : ~rr:JMI'It{IN@NI CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 D (360) 473-5280 , JUNE 20, 2007 CITY COUNCIL MEETING AGENDA 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business B. 15-Minute Executive Session to "Review Labor Negotiations" per RCW 42.30.140 (4)(b) 2. CALL TO ORDER: 5:30 P.M. in CHAMBERS lOCATED ON FIRST FLOOR A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. PUBLIC RECOGNITION & ANNOUNCEMENTS 5. CONSENT AGENDA A. Claims & Check Register (#AB07-143) B. Minutes of Meeting - June 6, 2007 (#AB07-144) C. Rental of 5 Kyocera copiers from UNITED BUSINESS MACHINES (#AB07-145) D. Intergovernmental Cooperative Purchasing Agreement with City of Ruston (#AB07-146) E. Contract Award to NORTHERN CON-AGG, INC. for "Warren Avenue Off-ramp to Callahan Drive" Project (#AB07-147) F. Westpark Historic Preservation Memorandum of Agreement (#AB07-148) 6. GENERAL BUSINESS A. Memorandum of Understanding with the Suquamish Tribe to Strengthen the Government- to-Government Relationship (#AB07 -149) B. Sale of City Properties to Buzz Holmes adjacent to and abutting his property along Charleston Beach Road (#AB07-150) C. Contract Award to CECANNTI, INC. for "SR304 TIP, Navy Yard Highway Phase" Project (#AB07-151 ) 7. PUBLIC HEARINGS A. Ordinance No. 5015 and Public Hearing for Adoption of International Building Code (#AB07-152) B. Ordinance No. 5016 and Public Hearing for Adoption of International Fire Code, with local amendments (#AB07 -153) 8. COUNCIL MEMBER REPORTS 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING I Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting DATE SUBMITTED: BILL # 07-if/3 AGENDA BILL CITY OF BREMER TON CITY COUNCIL SA ........................................................................................ SUBJECT: Claim & Checks Register Approval Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: U .-;20~07 Financial Services Cathy Johnson SUMMARY: ATTACHMENTS: FISCAL IMP ACTS (Include Budgeted Amount): APPROVALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: I CONSENT AGENDA ISJ I ~AL/'DUD~'L.. "efERATION5. ~ COUNCIL PRESIDENT: .W2P+ -p-R . RECOMMENDED MOTION: Move to approve: 1) Check #'s "3 I 7 3 ~ '"' - 3/7 ~ :2 ~ EFT's 7/90- 7 ;(O~ 2) Regular Payroll for s- 3/-07 3) Retiree Payroll for COUNCIL ACTION: ~rove o Deny 0 Table o Continue 0 No Action DATE SUBMITTED: BILL # 07 - 14-4 S8 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: City Council Meeting Minutes for meeting of ~UVle "i ;"'001 Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: N/A W 16).0 107 City Council Will Maupin, Council President (360) 473-5280 Phone: SUMMARY: Attached is a summary of the City Council Meeting held rVV1e ~) -::l..Do7. ATTACHMENTS: Meeting Minutes for Jvne.. ~) ::too7 FISCAL IMPACTS (Include Budgeted Amount): N/ A APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: Council President N/A N/A N/A COMMITTEE CHAIR COUNCIL PRESIDENT: N/: . 1 . ' . /~- "I , /((J~e;:;;/ll;-:-/~ ( . CONSENT AGENDA IT GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, June 6, 2007 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington, Wednesday, June 6, 2007, at 5:30 PM, with Council President Will Maupin presiding. Council members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike Shepherd, Adam Brockus, Cecil McConnell, and Brad Gehring. Council Member Wendy Priest was absent. Also present were City Attorney Roger Lubovich; City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The Pledge of Allegiance was led by Council Member Brad GehrinQ followed by the invocation provided by Retired Pastor G.T. Johnson formerly of Brownsville United Methodist Church. President Maupin announced that a Pre-Council Session to discuss General Council Business and a 10-Minute Executive Session to "Review Labor Negotiations" per RCW 42.30.110 (4 ) (b) were held prior to the meeting; that Item 6A was pulled from the agenda; and Council will meet for a 15-Minute Executive Session to discuss "Potential Litigation" per RCW 42.30.110 (1) (i) and then take action regarding that item. MAYOR'S REPORT - There was no Mayor's Report tonight... PUBLIC RECOGNITION & ANNOUNCEMENTS Mike Walton, YMCA Marketing Director, presented an update on the current activities of the Kitsap Family YMCA, particularly noting the new "Drop-In Military Preschool" for children (ages 2-'Y:1 to 5 years of age) from 12:00 to 4:00 PM on Mondays for active military spouses. William T. Duke provided a list of questions and concerns regarding Tweed Industrial Park. President Maupin noted that these questions would be directed to the appropriate Department for a response. CONSENT AGENDA A. Check Numbers 317046 through 317325; and EFT-7154 through EFT-7162 in the amount of $1,902,811.52 for the period ending May 31,2007; Regular Payroll in the amount of $710,090.91 for the pay period ending May 15, 2007; and Retiree Payroll in the amount of $77,063.68 for the pay period ending May 31, 2007 (#AB07 -131 ) B. Minutes of Meeting - May 16, 2007 (#AB07-132) C. Minutes of Meeting - May 23,2007 (#AB07-133) D. Amendment No.1 to the Professional Services Agreement with URS for Engineering Services for the SW Bremerton Residential Sewer Extension Project (#AB07 -134) E. Contract Amendment No.3 to Management Agreement with COLUMBIA HOSPITALITY, INC. for Harborside Fountain Park Facilities Operations; and Budget Adjustment (#AB07-135) F. Lease Agreement with S.G.K. CORPORATION for Commercial Retail Operations at 140 Washington Avenue (#AB07-136) G. Appointment of M. Blair Scheutz to the Arts Commission (#AB07-137) H. Appointment of PRO and CON Committee for West Hills Annexation Ballot Measure (#AB07-138) I. Real Estate Purchase and Sale Agreement for the Sale of the former West Precinct Building located at 4846 Auto Center Way (#AB07-139) M. Blair Scheutz thanked the Council for confirming her appointment, and added that she looked forward to working with the Arts Commission. There were no other comments from the public. 05:46:36 M/S/C/U (McConnell/Arends) Move to approve the CONSENT AGENDA as presented. City Council Reg. Mtg. Minutes Wednesday, June 6, 2007 Page 2 of 3 GENERAL BUSINESS 6A HIRING OF MUNICIPAL COURT SERVICES MANAGER AT BAND 15, RATE 6 AND WITH 6 MONTH SEVERANCE PACKAGE UMB07 140): Item was pulled at the request of the applicant... 6B - ORDINANCE NO. 5011, AUTHORIZING THE ISSUANCE OF WATER & SEWER REVENUE AND REFUNDING BOND IN THE PRINCIPAL AMOUNT OF $5,375,000 (#AB07-141): Laura Lyon, Financial Services Director, explained that the City's wastewater utility system requires a bond issue to finance the sewer system expansion project to Southwest Bremerton. In addition, the City desires to refund and retire the currently outstanding 1994 Water and Sewer Revenue Bonds maturing on September 1, 2007 with principal amount of $2,655,000 outstanding, and the 2005 UUD Revenue Bond which has a final maturity of September 1, 2015 and with the principal amount of $265,928 outstanding. In order to finance these City capital improvements of the water and sewer utilities and to refund and retire the 1994 and 2005 revenue bonds outstanding, the Director of Financial Services is recommending that the City Council issue a water and sewer revenue and refunding bond with a lien on the revenues of the combined utility system. The City has received a proposal from Bank of America, N.A. to purchase such a bond and on terms and conditions that are acceptable to the Director and is now recommended for approval by the City Council. It was explained that the final rate for the bonds was locked in at 4.28% by mid-morning today (June 6, 2007), which is an increase from the last indicative pricing estimates (dated May 11, 2007) of 0.23%. Phil Williams, Public Works & Utilities Director, presented a Power Point presentation to provide further details of the sewer system expansion project to Southwest Bremerton [including the area of Gorst]. There were no comments from the public. Mr. Shepherd provided comments in support of this action, and thanked the Public Works and Finance Departments for their innovative ideas. Mrs. Arends agreed with these comments and added that the new rate, although higher, was still a competitive rate. Mr. Brockus hoped that the costs associated with the improvements will be minimized. Mr. GehrinQ asked if there were penalty fees for early pay-off of the bonds, and asked if the interest rate was locked in. Ms. Lyon stated that the interest rate was locked in, and explained that if the City requested an early payoff, a computation would be made and a decision made at that time to determine if there was a negative impact. Mr. Maupin commended Public Works and Finance staff for bringing this issue forward. 06:07:05 M/S/CU (Brockus/Shepherd) Move to approve Ordinance No. 5011 authorizing the issuance of a water and sewer revenue and refunding bond in the principal amount of $5,375,000 to fund capital improvements and expansion of the City's water and sewer system and to defease the City's outstanding water and sewer bonds; providing the form, terms, and covenants of the Bond; and approving the sale of the Bond. COUNCIL MEMBER REPORTS Adam Brockus announced a fundraiser would be held on Thursday, June 28 from 5:00 to 8:00 PM at the Manette Saloon to earn the required $5,000 for a Neighborhood Enhancement Grant for the Manette area, and thanked Mike Walton for his help in these efforts. Mike Shepherd mentioned that First Friday Artwalk was well attended; and added that there are various community clean-ups planned for next week. Dianne Robinson reported on the Joint Liaison Committee with the Bremerton Housing Authority which included a discussion on the Westpark Development and the relocation process; was pleased that Bay Vista Commons, a senior memory care facility is set for completion on July 11 and a Grand Opening is City Council Reg. Mtg. Minutes Wednesday, June 6, 2007 Page 3 of 3 scheduled for August 17; announced that the Washington Stories traveling exhibit was currently in Bremerton this week in the Chambers; mentioned that the Parks Department and Church of Latter Day Saints have formed a partnership to clean up various areas of the City; announced the Juneteenth Celebration would be held at Evergreen Park on Saturday, June 16 with food, games, and other activities; and lastly, she asked citizens to volunteer for the Veteran Memorial exhibit at the Miller Woodlawn Cemetery. Carol Arends was pleased that Forest Ridge Park was included on the list of park sites to be cleaned up and encouraged citizens to contact the Council Office at (360) 473-5280 for more information regarding the clean-ups; was sad to report on the memorial service held for long-time Charleston resident Kelly Laraway. Will Maupin welcomed Nick back from his vacation; reported on a Joint Session with the Council Members and the Bremerton School District Board of Directors on Tuesday, May 22; attended the First Friday Artwalk and the BKA T Emmy Awards held Friday, June 1 ~ noted that a Study Session was held on Wednesday, May 30 to discuss improving the Council's agenda and committee process, which included a briefing by Poulsbo Council Member Ed Stern to describe how the City of Poulsbo incorporated a committee process a few years ago. A 15-minute recess was called for Council to go into Executive Session.. . Meeting was called back to order at 6:38:30 PM. 8A - ACTION REGARDING EXECUTIVE SESSION TO DISCUSS "POTENTIAL LITIGATION" PER RCW 42.30.100(1 Hi) (#AB07 -142): Mr. Maupin stated that while in executive session, Council Members discussed code enforcement issues. 06:39:00 M/S/C/U (Wofford/Arends) Move to authorize the City Attorney to file and prosecute in the Kitsap County Superior Court the following code enforcement matters: Bremerton v. Donna Joyce and Mike Fisher Bremerton v. Natacha Sesko Bremerton v. Joshua Vandegrift With no further business, President Maupin reminded the public that next week the Council Meeting would be held on Monday, June 11,2007 due to the AWC Conference then adjourned the Council Meeting at 6:40 PM. LORI SMITH Legislative Assistant Attest: PAULA JOHNSTON, City Clerk WILL MAUPIN, City Council President WM:PJ:ls:cg DATE SUBMITTED: JUNE 5, 2007 BILL# D7- /45 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5(, ............................................................................................ SUBJECT: Copier Rental Contract Committee Meeting Date: June 11,2007 COUNCIL MEETING Date: June 20, 2007 Department: Public Works & Uti I Presenter: Paul Lucas Phone: 473-2328 SUMMARY: In March and April of 2007, Public Works & Utilities upgraded the copiers in each of the facilities. Three of the copiers were at the end of their rental agreement. We replaced those three as well as two others whose terms were ending this year and received five new upgraded copiers with increased capabilities for less cost than the previous copiers. A TT ACHMENTS: Copies of Rental Contracts FISCAL IMPACTS (Include Budgeted Amount): None APPRO V ALS: DEPARTMENT DIRECTOR: ' CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: t'~.c:-: ~~ .f~JJf'1p- ~. CONSENT AGENDA l:8l GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: That the City Council approve the rental contracts with United Business Machines for $110,926.80 over a 60 month period. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action United Business Machines OF WAS-HlGiOI, "'" .... Il!'a_ g n """'- ~ Ship To: '~i i{'.- -\. 1'.[~.2) \ \/7 <~~ ~:::~)) lr \{ - --- -. IIlllLJDl ....... Corporilte Office 11050 118th PI NE Klrklan,j, WA 98033 1-800-5",,-4120 11'18 BroaeJwilY ;;101 Tacoma, WI\ 98402 1-800-236-21613 Tacoma Ol'iice -- ""'" ...... """""'"'" mJ .... ... ... .... .... Olympia Office 3733 Martin Way E Olympia, VV 1\ 98506 1-1300-822-2431 City of Bremerton Bill To: I\ddress: Address: Operator: Buyer: Phone: Phone: 3 1 4 1 2 2 3 Kyocera KM-3050's Kyocera KM-4050 DP-700's PF-750 DF-710 PH-5 Stands 4 Free K ocera FSC-5015N Color Printers Date of Order 03/02/07 Standard Lease Transaction Terms: Lease Term 60 Months Sales Person TimC Minimum Monthly Payment... _...... $1,192.58 Plus Applicable Taxes PO# FMV Y or N Other. ., . Service and Supply Provisions... Service to be billed monthly on the four new copiers at $ 180.00 per month for 20,000 copies aggregate. Overages billed month Iv at 1 cent per page. Additional Notes.... MACHINE ORDER AUTHORIZATION ThiS is a bindin~J onjer, not ~;;ubiect to cancellation. No trials 8ccert8d. In lhf~~ Rvent (har the buyer d(~f;JlJlt$ in m;;.lking any paymp-nl due under the terms of this contract, tile buyer will be li;lble for ;Jny legal iees and costs or other dilm;Jges incurred in collection of tllis (Jetlt or ottler enforcerm-lnt of this ~~gr~:e:1:f!nt. This Of(!8r i~; the 8ntir~ 2greement between parties. t.lc \j~~rb~! changes or 2dditiof1S IN!!! bA valid un![;s~ written on this order. Date "3 6-~7 Authorized Signature Name, ( Please Printj P,4u(... /':J .//I/' Ar f\.. .......1,...00' L....---l~ Tille /"-1/).-~ :.v /-IAA../ ~ V::~'<- De Lage Landen Financial Services, Inc. Rental Agreement 0:: l.U ::E o .... en ::> <..> Full Legal Name --.-~C~L~<;__:f_3~: v>'\ "-r~~t~~~_______~___ Billing t\(jdress ' City 1- Phone NumtiCf ~ Siair ---zii)-----..----r PUrCll(lSe-or(j-er-~~equ.;siT;ml Numbe~------_uo_--'--- I I u_____.___ -----l-S;;idIrl~oice IO:-\iientlOnO~~-~--- I -----~--------_._-~-- -..------------------ Equipment Locliion (I! rlGI SJme as alJDve) Ciiy S1ale lip I County !z:~ l.U.... ::E"'" a..::E -0:: ::>0 =.... l.U:i!: IJ)tJ~0-"L jJeSCf 1JI!!J~"iia~:h Se.0i.@!~?E.fl!:dIJte ~iJiJ!r.fessa~yL___.___~_______________~_ ---~_._-------_.._-~----~~-_._._---~.._--------- '--z... l: ,,'- e,--- t Number 01 Rental (PLUS) '\pplicable (EQUALS) TOGil Rental Term oll1enlal Payment Frequency: l7Monlhly o Ouanerty o Other ~~ ~~I Sales Tax P~ in Months End 01 Rental Option: OFMV 010% 0$1 OOlher_ z -<,0 ,y + !z:~ I, I <!1. = bo End of Rental Purchase Oplion shall be FMV unless another option is selected. l.U< ::E::E Security First Period Total Payment >-0:: + (PLUS) (PLUS) Ol/ler (EQUALS) ""0 = Deposit Paymenl Enclosed a...... :i!: + = + + ; TERMS AND CONDITIONS 1. Rental Agreement: You (the "Customer") agree to rent from us (t/1e "Owner') the Equipment listed above claims. This indemnity will continue after IIle tenrnination of this Rental Agreement You will obtain and main- and on any schedule attached to this Rental Agreement You authorize us to adjust the Rental Payments by lain comprehensive publiC liability insurance naming us as an additional insured with coverages and amounts up to 15% if the cost of the Equipment or tlXes differs from t/1e suppliers estimate. This Rental Agreement acceptable to us. starts on the day the Equipment is delivered to you (the "Commencement Date") and t/1e Rental Payments 6, Taxes: You agree to pay when due, either directly or as reimbursement to us, alllaxes (I.e., sales, use and are payable in advance beginning on the Commencement Date or any later date designated by us and there- personal property) and charges in connection with ownership and use of the Equipment We may charge you after until all amounts are fully paid. If we designate the Rental Payments to begin later than the a processing fee for administering property tax filings. You will indemnify us on an after-lax basis t/1e loss of Commencement Date, you will pay an interim Rent;JJ Payment for use of t/1e Equipment for t/1e period from' any tax benefits anticipated at the Commencement Date arising out of your acts or omissions. the Commencement Date until the first Rental Payment due date as reasonably calculated by us based on 7, End of Rental Agreement: You will give us at least 60 days but not more than 120 days written notice (to 1110 Rental Payment, the number of days in that period, and a month of 30 days. Your Rental obligations are our address below) before the expiration of the initial rental tenrn (or any renewal tenrn) of your intention to absolute, unconditional, and are not subject to cancellation, reduction, setoff or counterclaim. You agree to purchase or retum the Equipment With proper notice you may: a) purchase all the Equipment as indicated pay a fee of $75.00, to reimburse our expenses for preparing financing statements, other documentation above under "End of Rental Option"(falr market value purchase option amounts will be defermined by us costs and all ongoing administration costs during the tenrn of this Rental Agreement, and if the Equipment based on the Equipment's in place value); or b) retum all the Equipment in good working condition at your is located in more than one location, an additional $10.00 documentation fee for each additional location. cost in a timely manner, and to a focation we designate. If you fall to notify us, or if you do not (i) purchase Security deposits are non-interest-bearing and may be applied to cure your default If you are not in default or (ii) retum the Equipment as provided herein, this Rental Agreement will automatically renew at the same we will retum the security deposit to YOII When this Rental Agreement is terminated. When a Rental Payment payment amount for consecutive 6(J-{jay periods. is not made wilen due, you agree to pay us a late charge of 5% for each payment or $10.00, whichever is 8. Default and Remedies: You are in default on this Rental Agreement it a) you fail to pay a Rental Payment greater. We will charge you a fee of $25.00 for any check that is retumed. YOU ACKNOWLEDGE THAT NO or any other amount when due; or b) you breach any other obligation under this Rental Agreement or any ONE IS AUTHORIZED TO WAIVE OR CHANGE MY TERM, PROVISION OR CONDITlON OF THE RENTAl olher Rental Agreement with us. If you are in default we may: a) declare t/1e entire balance of unpaid Rental AGREEMENT. Payments for t/1e full Rental Agreement term immediately due and payable to us; b) sue you for and receive 2. TItle: Except for a Rental Agreement wit/1 a $1.00 purchase option, we will have title to the Equipment If the total amount due on the Rental Agreement plus the Equipment's anticipated end of Rental Agreement fair you have a $1.00 purchase option or this Rental Agreement is deemed to be a security agreel)lent you grant market value or fixed price purchase option (the "Residual") with future Renfaf Payments and the Residual us a security interest in t/1e Equipment and all proceeds thereot You authorize us to sign and file Unifonrn discounted to the date of default at the lesser of (i) a per annum rate equivalent to t/1at of U.S. Treasury con- Commercial Code C'UCC") financing statements on the Equipment stant maturity obligation (as reported by the U.S. Treasury Department) that would have a repayment tenrn 3. Equipment Use, MaIntenance and Warranties: We ane renting the Equipment to you "AS-IS" AND WE equal to the remaining Rental Agreement term, all as reasonably detenrnined by us, or (ii) 3%, plus reason- MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILllY OR able colfection and legal costs; c) charge you interest on all monies due at the rate of 18% per year or the FITNESS FOR A PARTICULAR PURPOSE We transfer to you any manufacturer warranties provided to us. highest rate permitted by law from the date of default d) require that you immediately return t/1e Equipment You are required at your cost to keep the Equipment in good working condition and to pay for all supplies to us or we may peaceably repossess it Any retum or repossession will not be considered a tenrnination or and repairs. If t/1e Rental Payments include the cost of maintenance and/or service provided by a third party, cancellation of this Rental Agreement If Ihe Equipment is retumed or repossessed we will sell or re-rent the you agree that we are not responsible to provide the maintenance or service and you will make all claims Equipment at tenrns we detenrnine, at one or more public or private sales, with or without notice to you, and related to maintenance and service to the third party. You agree that any claims related to maintenance or apply the net proceeds (after deducting any reiated expenses) to your obligations. You remain liable for any service will not impacl your obligation to pay all Rental Payments when due. deficiency with any excess being retained by us. 4. Assignment: You agree not to transfer, sell, sublease, assign, pledge or encumber either the Equipment 9. Miscellaneous: You agree this Rental Agreement Is a "Rnance tease" as defined in Article 2A 01 the UCC. or any rights under this Rental Agreement without our prior written consent You agree that we may sell, You aCknowledge we have given you the name of the Equipment supplier. agree that you may have rights assign, or transfer this Rental Agreement and the new owner will have the same rights and benefits we now under this contract with t/1e supplier and may contact the supplier for a description 01 t/1ese rights. This have and will not have to perform any of our obligations and the rights of the new owner will not be subject Rental Agreement was made In Pennsylvania ("PA"); Is 10 be performed In PA and shall be governed and to any claims, defenses, or setoffs t/1at you may have against us or any supplier. construed In accordance with the laws of PA. You consent to the non-exclusive personaljurlsdlcllon In 5. Rfsk 01 Loss and Insurance: You are responsible for all risks of loss or damage to the Equipment and if any state or federal court In PA and Irrevocably waive a trial by Jury. You agree to waive any and all rights any loss occurs you are required to satisfy all of your Rental Agreement obligations. You will keep the and remedies gnanted to you under Sections 2A-508 through 2A-522 of the UCC. You agree that the Equipment insured against all risks of loss or damage lor an amount equal to its replacement cost You will Equipment will only be used for business purpo:;es and not for personal, lamily or household use, and will list us as the sole loss payee of the insurance and give us written prool of the insurance. If you do not pro- not be moved from the above location without our consent We may inspect the Equipment during the Rental vide SUCh insurance, you agree that we have the right, but not the obligation, to obtain such insurance, and Agreement tenrn. You agree that a facsimile copy of this Rental Agreement with facsimile signatures may be add an insurance lee to the amollnt due lrom you, on which we may make a profit We are not responsible treated as an original and will be admissible as evidence of this Rental Agreement for any losses or injuries caused by the Equipment and you will reimbur"e us and defend us against JIlY slJch l.U You agree that this is a non-cancelable Rental Agreement The Equipment is: -ji! NlW o USED a: Signature J Oale ::> !;( z <.:l fllle ;;; 0:: ----- w Prinl Name :2: I 0 t.: ------~ I unconditionally guar.mty prompt payment ot all the CIJs!ome(s ohtigations. The OWller is 1I0t reQuired to pro- ceed against tile Customer or the Equipmellt or ontorrll other remedies belore. proeeedillg aGaillst me. I waive nOI~e 01 acceptance and all otiler Dotices or demands 01 any kind to which I may be entrtted. I consent to any exten:;ions or modifIcation grJntP.d 10 the Customer l1nd the mlease and/or compromise of any Obligations of the Customer or any other guarantors without rereasing me from my ohligofions. TIlls i~:1 wn- tinuing Quarant'j and will remain in eflect in tile event of my death Jlld may be enforcf.:{f lJy or for the benefit of ;my J$Signee or sucr.es:.;or 01 the Owner.. This guaranty is governed by and consHtuted in accordance with lhe laws 01 the Commonweahh 01 Pennsylvania and I consent 10 the nnn.elclusiva porsonal jurisdiction in any slate or lederal cnu~ in Pennsylvania, and waive Irial by jury. I SiQn3ilJre II Date ,I ._'----------_.._-~-~-~--~--~-~---~~--~-------- Prim Name I ~ :::I1:~~ r~~~I~~ q~U '~k'"G ~Il"'';;:';' ~'~7" "".." Is tt /" -------- ./ ~ .------ -. -:) / "/ ~ "7 0 (.) I~ ~-~-'--~~__~-~--"~----.--- ~ ~ "p/)V?- /? /.. VCA5 j'IlIC Jf:::.A/ -.J~ ~ ~ "" g I :;:) I I r,ml f,bmo Of ('''rnar'lli{,o I (.) I V'""_ 'C.." . co,, .c~". ( ';Jf-'Zl ~{('..,t'ri(,.r I De Lage Landen Financial Services. Inc, I Rental Processinu Center, 1111 Old EJgle School ROJd. W3yne. PA 19087 ~ PHONE: (BOO) 735-3273 " fAX: (BOO) 776.2329 I ~ COlnll1cl1cenlcntlht-,;-------------- r'l:ease fl,j;;iii~,~---------- o I.;.=:::;::-:;-;;~:--------_----......J~. L_J KLL<OI"":':Y II ----_~ I ![}?OOG Ail Hi\)iii& R2:.tiVed.l'rii11C'l.J in Jlie U.S t\ OGOEDOC177 HiOo FISCAL FUNDING ADDENDUM Full Legal Name c; tl-' u~ I? (;: 'f" r ,\-",~ -.'___ ___,.____._._~_._.__:\J~__,_________.________._._________.___ ____ DEA l~al11e (Ii ,,\Ily) ___'__'________~'_____~_______________,____ ffi Billing f\(Jdless I- :z w a: ._~-----~--------------~--------~_.__._-----_._._------.----.------ PrlOf,c Number ~_________ City .-----~-.--___.__.___~____.._._________________________~..___. COUI1IY _______.._~_______________ SIJle ___u___~_____~_ Zip COGe ___m____________ Genial f',l]lccmenl Number ________~________'__~__~_________________ Renl21 /\(]I'CI11CI11 Cale _________________~__ Renter warr3nts that it has funds available to pay all rents (the "Rent Payments") payable under the above - identified Rental Agreement until tile end of Renter's current appropriation period_ If Renter's legislative body or other funding authority does not appropriate funds for Rent Payments for any subsequent appropriation period and Renter does not otherwise have funds available to lawfully pay the Rent Payments (a "Non-Appropriation Event") Renter may, sub- Ject to the conditions herein and upon prior written notice to Owner (the "Non-Appropriation Notice"), effective 60 days after the later of Owner's receipt of same or the end of the Renter's current appropriation period (the "Non-Appropriation Date"), terminate the Rental Agreement and be released of its obliga- tion to make all Rent Payments due Owner coming due after the Non-Appropriation Date. As a condition to exercising its rights under the Addendum Renter shall (1) provide in the Non-Appropriation Notice a certification of a responsible official that a Non-Appropriation Event has occurred, (2) deliver to Owner an opinion of Renter's counsel (addressed to Owner) verifying that the Non-Appropriation Event as set forth in the Non-Appropriation Notice has occurred, (3) return the equipment subject to the Rental Agreement (the "Equipment") on or before the Non-Appropriation Date to Owner or a location designated by Owner, in the condition required by, and in accordance with the return provisions of, the Rental Agreement and at Renter's expense, and (4) pay Owner all sums payable to Owner under the Rental Agreement up to the Non-Appropriation Date. In the event of any Non-Appropriation Event, Owner shall retain all sums paid hereunder or under the Rental Agreement by Renter, including the Security Deposit (if any) specified in the Rental Agreement. This Addendum is not intended to permit Renter to terminate the Rental Agreement at will or for convenience. YOU AGREE THAT A FACSIMILE COPY OF THIS DOCUMENT WITH FACSIMILE SIGNATURES MAY BE TREATED AS AN ORIGINAL AND WILL BE ADMISSI- BLE AS EVIDENCE IN A COURT OF LAW. ~ Sign3llJleX~ !;:;: (MUST BE ED BY AUTHORI1ED REPRESENTATIVE OR OfFICER OF GOVERhMHlT ENTIi"Vj ~ Prinl Nome __ (../ .! _ /? ./ lJ'r AS ~ T:llc jli)M/~ .M"~~ 031e .~..~2 ~ I ~",,;;e 0: Cuva",",;;1 [;;:'11 ~~_d:/~~_ t; f ." ,-,-, ~-- +'-' ',- J coo>- c:; SrgllalUlr. X_,_______",___ -'--"-'------------------,,-,----,-- ___________'_____'1_. :::~ Pllnt Name ------'_'___'_____~,______________~______ ___'m________~__ ~ ~~ Tille ________'________________~______________ D;rle_______--_-,-_~___-__-_-___,-_-~--' jl ! l-=-rime 01 C::O::~f':!rtn:\~I~_~=-n-----_----_--- _ __, _ _" ~ (~)2G05 1'\11 Ri(jtll:; ReStfVPIJ Piln!e!lln WIt" IJ S" OJOEDOCi32oIDS """ .... ldilO_ llilm III!llI ..........,.. -- - ...,.. I!IiIlIlII:. --- - ~.'.: (.'.r. -. .~..~. /8J "':;/7 /.- \\" ~'.J lJ~ Corpor;ie-6fflce~ J.J , Tacoma Office 11050118thPINE 1148 Broadway #101 Kirkland, WA 98033 Tacoma, WA 98402 1-800-544-4120 1-800-236-2168 Olympia Office 3733 Martin Way E Olympia, WA 98506 1-800-822-2431 """ '"'" """'''''''' """"'""'" a;g 'C!:r tD. """ .., .... United Business Machines Ship To: OF WA.s:i/~G ror~ City of Bremerton Bill To: Address: Address: Operator: Buyer: Phone: Phone: 1 1 1 1 1 1 1 K oeera KM-5050 DP-700 DF-710 PF-750 PH-5 Fax M Network Set-up tr~'1:.- (vL..... fr ,,4i- t SL - su/rw - cI,__<"..... Date of Order 04/16/07 Standard Lease Transaction Terms: Lease Term 60 Months Sales Person TimC Minimum Monthly Payment.......... $656.20 Plus Applicable Taxes PO# FMV Y or N Other.. .. Service and Supply Provisions... Kyocera KM-5050 to be set up under the umbrella service a~ueement of zsyst T A-0916. . Additional Notes.... MACHINE ORDER AUTHORIZATION This is a binding order, not subject to cancellation No trials accepted. In the event that the buyer defaults in making any payment due under the terms of this contrilct, the buyer will be liable for any legal fees ilnd costs or other dilmages incurred in collection of this debt or other enforcement of this ilgreemenL This order is the entire agreement between parties No verbal changos or additions will be valid unless written on nlis order. ~ ?~ /~~ ~ '3!j/b7 Authorized Signature -t: t::/ ___ ~L---' Date ~;7t//- ./) L .?C,-ff AVu/A) r-WA..uA~~ Nama, ( Please Printi /i/, Title 02 Lage Landen Financial Services, Inc. Renlal Agreement Full Leoal Name ffi i2ty of Bre_~09n ~ Gilling Address fg }027 Olympus Drive c.,) Equipment Localion (il not same as abo'Jc) City I Pllone Numbel ----------~-----------_______L360)~73-2328 Cily Slale Zip J Purchase Order Rcquisition Number Bremerton Wa 98310 -------------T- . ---~.~--------- Slale lip CQ~H1ty I Sene Invoice 10 Attention of: Kltsap r:'l~ijJ'f1.e.nl MJ~e__________ l:1r1rg~u!flli'!r__I__?~!'.~tf~'.'111J~'_____.._____I_Qu~l~iL_p21:~J!!ll"--(1\11a.l:~!:cjJa.@~_~i1.CQ.u.~/\ Ii Nece~sil'YL __~u_~.___~._.______~_.__ !Z~ Kyocera - KM-_50~~__J_________________ __.__~u___1 ~~~~E~~~__.__________________ "'=:r .------------- --.---- ~~ eo", =>c 0... --.---- ----- ----------- "'2: Number 01 Renlal (PLUS) A~PliCJble (EQUALS) TOL11 Renlal Term 01 Rental Payment Frequency: Q'Monthly o Quanerly 001l1er Renlll Paymcnts Payment alf:sJ:~___~~ in Monlhs z End 01 Rental Oplion: !7'FMV 010% 0$1 OOlher_ !Z~ 60 $656.20 + = 60 End of Rental Purchase Option shall be FMV unless another option Is selected. ...... ~~ Security First Period Total Paymenl ~'" + = (PLUS) (PLUS) Olher (EOUALS) ~ff Deposit Payment Enclosed 2: + = + + = TERMS AND CONDITIONS 1. Renlal Agreement: You (the "Customer") agree to rent from us (the "Owner") the Equipment listed above and on any schedule attached to this Rental Agreement. You authorize us to adjust the Rental Payments by up to 15% il the cost of the Equipment or taxes differs from the supplier's estimate. This Rentai Agreement starts on the day the EQUipment is delivered to you (the "Commencement Date") and the Rental Payments are payable in advance beginning on the Commencement Date or any later date designated by us and there- after until all amounts are fully paid. If we designate the Rental Payments to begin later than the Commencement Date, you will pay an interim Rental Payment for use of the Equipment for the period from the Commencement Date until the first Rental Payment due date as reasonably calculated by us based on the Rental Payment. the number of days in that period, and a month of 30 days. Your Renlal Obligations are absolute, unconditional, and are not subject to cancellation, reduction, setoff or counterclaim. You agree to pay a lee of $75.00, to reimburse our expenses for prepanng financing statements, other documentation costs and all ongoing administration costs during the tenm of this Rental Agreement, and if the EQUipment is located in more than one location, an additional $10.00 documentation fee for each additional location. Security deposits are non-interest-bearing and may be applied to cure your default. If you are not in default, we will retum the security deposit to you when this Rental Agreement is terminated. When a Rental Payment is not made when due, you agree to pay us a late charge of 5% for each payment or $10.00, whichever is greater. We will charge you a fee of $25.00 for any check that is returned. YOU ACKNOWLEDGE THAT NO ONE IS AUTHORIZED TO WAJVE OR CHANGE ANY TERM, PROVISION OR CONDITION OF THE RENTAL AGREEMENT. Z. 11tle: Except for a Rental Agreement with a $1.00 purchase option, we will have trtle to the Equipment. If you have a $1.00 purchase oplion or this Renlal Agreement is deemed to be a security agreement, you grant us a security interest in the Equipment and all proceeds thereof. You authorize us to sign and file Unitonm Commercial Code ("UCC") finanCing statements on the Equipment. 3. Equipment Use, Maintenance and Warranties: We are renting the Equipment to you "AS-IS" AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We transfer to you any manufacturer warranties provided to us. You are required at your cost to keep the Equipment in good working condition and to pay for all supplies and repairs. If the Rental Payments include the cost of maintenance and/or service provided by a third party, you agree that we are not responsible to provide the maintenance or service and you will make all claims related to maintenance and service to the third party. You agree that any claims related to maintenance or service will not impact your obligation to pay all Rental Payments when due. 4. AsSignment: You agree not to transfer, sell, sublease, assign, pledge or encumber either the Equipment or any nghts under this Rental Agreement without our prior written consent. You agree that we may sell, assign, or transler this Rental Agreement and the new owner will have the same rights and benefits we now have and will not have to perfonm any 01 our obligations and the rights of the new owner will not be subject to any claims, defenses, or setoffs that you may have against us or any supplier. 5. Risk of loss and Insurance: You are responsible for all risks of loss or damage to the Equipment and if any loss occurs you are required to salisfy all of your Renlal Agreement obligations. You will keep the Equipment insured against ail risks of loss or damage for an amount equal to Its replacement cost. You will list us as the sole loss payee of the insurance and give us written proof of the insurance. If you do not pro-- vide such insurance, you agree that we have the right, but not the obligation, to obtain such insurance, and add an insurance fee to the amount due from you, on wl1ich we may make a profit. We are not responsible for any 10= or injuries caused by the Equipment and you will reimburse us and defend us against any such ... You agree Ihallhis is a non-cancelable Rental emenl. The Equipment is: VNEW 0 USED '" ~ Si~~ ~ _~D;-'~~7 c.:I Iill~ ~ ,../,iJH / V ~ VA tr".e""A- .... ~ pri~.:aV(" I'fi'. L V C4 ~ '" B Legal Name nl Corporation eit of Bremerton claims. This indemnity will continue after the tenmination of this Rental Agreement You will obtain and main- tain comprehensive public liability insurance naming us as an additional insured with coverages and amounts acceptable to us. 6. Taxes: You agree to pay when due, either directly or as reimbursement to us, all taxes (I.e., sales, use and personal property) and charges in connection with ownership and use of the EQUipment. We may charge you a processing fee for administering property tax filings. You will indemnify us on an after-tax basis the loss of any tax benefits anticipated at the Commencement Date ansing out of your acts or omissions. 7. End of Rental Agreement: You will give us at least SO days but not more than 120 days written notice (to our address below) before the expiration of the initial rental tenm (or any renewal term) of your intention to purchase or retum the Equipment With proper notice you may: a) purchase all the Equipment as Indicated above under "End of Rental Option"(fair market value purchase option amounts will be detenmined by us based on the Equipment's in place value); or b) return all the Equipment in good working condITion at your cost in a timely manner, and to a location we designate. II you fail to notify us, or if you do not (i) purchase or (iI) return the Equipment as provided herein, this Rental Agreement will automatically renew at the same payment amount for consecutive SD-day periods. 8. Default and Remedies: You are in default on this Rental Agreement if: a) you fail to pay a Rental Payment or any other amount when due; or b) you breach any other obligation under this Rental Agreement or any other Rental Agreement with us. If you are in default we may: a) declare the entire balance of unpaid Rental Payments for the full Rental Agreement tenm immediately due and payable to us; b) sue you for and receive the total amount due on the Rental Agreement plus the Equipment's anticipated end of Renlal Agreement fair market value or fixed price purchase option (the "Residual") with future Rental Payments and the Residual discounted to the date of default at the lesser of (i) a per annum rate equivalent to that of U.S. Treasury con- stant maturity obligation (as reported by the U.S. Treasury Department) that would have a repayment tenm equal to the remaining Rental Agreement tenm, all as reasonably determined by us, or (ii) 3%, plus reason- able collection and legal costs; c) charge you interest on all monies due at the rate of 18% per year or the highest rate permitted by law from the date of default; d) require that you immediately retum the Equipment to us or we may peaceably repossess it. Any retum or repossession will not be considered a termination or cancellation of this Rental Agreement. If the Equipment is returned or repossessed we will sell or re-rent the Equipment at terms we detenmine, at one or more public or private sales, with or without notice to you, and apply the net proceeds (after deducting any related expenses) to your obligations. You remain liable for any deficiency with any excess being retained by us. 9. Miscellaneous: You agree this Rental Agreement Is a "Rnance lease" as defined in Article 2A of the UCC. You acknowledge we have given you the name of the Equipment supplier; agree that you may have rights under this contract with the supplier and may contact the supplier for a descnption of these rights. This Rental Agreemenf was made In Pennsylvania ("PA'1; Is to be performed In PA and shall be governed and construed In accordance with the laws of PA. You consent to !he non-exclusive personal!urlsdlctlon In any state or federal courfln PA and Irrevocably waive a trial by jury_ You agree to waive any and all rights and remedies granted to you under Sections 2A-508 through 2A-522 of the UCC. You agree that the Equipment will only be used for business purposes and not for personal, family or household use, and will not be moved from the above location without our consent We may inspect the Equipment during the Rental Agreement tenm. You agree that a facsimile copy of this Rental Agreement with facsimile signatures may be treated as an onginal and will be admissible as evidence of this Rental Agreement ~ Z ." a: ." :::> c.:I I uncondilional~1 guaranty prompl payment 01 all the Customer's oblinations. The Owner is not required to pr<r ceed anainst the Customer or the Equipment or enton::e othor remedies belore proceeding against me. I waive "otleo 01 accopt;mce and all otiler notices or demands 01 aoy kind to which 1 may be elllnled. t consont to any exteosions or modification grante.1 to Ihe Customer and the rele,,;e and/or compromise 01 any obligations 01 tile Customer or any other g,mralllors Witllout relp,asing me lrom my obligatiens. This is a con- tinuing guaoll1ty and will remain in ellect in !tIC evont of my dmth and may be enfon::ed by or Inr the benelrt 01 any assignee or successor ollhe Owner. This guaranty Is governed by and constiluted in accordance with Iho t.aws ef Ihe Cornmonweanh 01 Pennsylv:mia and I consent to the non-exclusive personal jurisdiction In al1)' stalo or ledoral cou~ in Ponnsylvania, and waive trial by jury. Signalure I Dale I'llnl ~J3me---' .., w z ;;c '" De Laue Landen Financial Services. Inc. Rental Processing Center, 1111 Old Eagle School Road, Wayne. PA 19087 PHONE: (800) 735-3273 . FAX: (800) 776-2329' Commencement Dale I Lease. NfJml),,, ---.---_.___J___.________~______________ A.cceplf,d By w o z ~ "- w o o ." ~he EqfJrpl11l)r~~I's beon mcelv~ood ~orkWlJ~~~~~1ory and acCl'~able 2 s'gn~ ,/ ~ I !JaIH./. / t.) _-6_~ ,r. ~ i'i3ri'.7 'g p;:;;ilN:ID,e ---------- - ------------ -- -TT~le---------- ~ /<it/I' /? L VCA~ 4J)#.I.u,P-I ~ 192006 All RllIhls nl!Slilved. Plil1/ed inlhe U.S.A 060roOC1I7 8106 ,~ FiSCAL FUNDING ADDENDUM Full Lt;Ual Nall1eg~! Br~n18.~_______________n___~______________ _________________ DBA Name (II A.ny)__________________n__________________________ ~ Billing 1\(~0res" 302_~2Iyn~2uspriv~__________________________________-------------______n______________________ Pnone Number}~Q::::z3-2328 ____ z ~ Cny ~_"'fl.lert_5?~l______________________________________________ County ~itsaE_________________ Slale________________u_ Zip Cooe _____________________ l1entall\greemenl NUIl1IJer ------__________________________________________________ l1en!al I\gleemenl Dille _______________________________________ Renter warrants that it has funds available to pay all rents (the "Rent Payments") payable under the above - identified Rental Agreement until the end of Renter's current appropriation period. If Renter's legislative body or other funding authority does not appropriate funds for Rent Payments for any subsequent appropriation period and Renter does not otherwise IlqVe funds available to lawfully pay tile Rent Payments (a "Non-Appropriation Event") Renter may, sub- ject to the conditions herein and upon prior written notice to Owner (the "Non-Appropriation Notice"), effective 60 days after the later of Owner's receipt of same or the end of the Renter's current appropriation period (the "Non-Appropriation Date"), terminate the Rental Agreement and be released of its obliga- tion to make all Rent Payments due Owner coming due after the Non-Appropriation Date_ As a condition to exercising its rights under the Addendum Renter shall (1) provide in the Non-Appropriation Notice a certification of a responsible official that a Non-Appropriation Event has occurred, (2) deliver to Owner an opinion of Renter's counsel (addressed to Owner) verifying that the Non-Appropriation Event as set forth in the Non-Appropriation Notice has occurred, (3) return the equipment subject to the Rental Agreement (the "Equipment") on or before the Non-Appropriation Date to Owner or a location designated by Owner, in the condition required by, and in accordance with the return provisions of, the Rental Agreement and at Renter's expense, and (4) pay Owner all sums payable to Owner under the Rental Agreement up to the Non-Appropriation Date_ In the event of any Non-Appropriation Event, Owner shall retain all sums paid hereunder or under the Rental Agreement by Renter, including the Security Deposit (if any) specified in the Rental Agreement This Addendum is not intended to permit Renter to terminate the Rental Agreement at will or for convenience. YOU AGREE THAT A FACSIMILE COpy OF THIS DOCUMENT WITH FACSIMILE SIGNATURES MAY BE TREATED AS AN ORIGINAL AND WILL BE ADMISSI- BLE AS EVIDENCE IN A COURT OF LAW. ~ SignallJreX ~h(./L _~ L-vC4-S ~ (I~GNEO BY AUTHOR!ZED REI'RfSr, 1e Print Name -6 ~ c:2 CI) ffi Tille ApH/A/ /1.A-#A~ I- as N.lme 01 Government Enti!y City of Bremerton r:c OR OFFICER OF GOVERNMEIH ENTITY) Da1c-7'flt'A 7 I~a: wUJ t-Z 1fr;3: c..>Cl c..> c( "I :E::'::~~~---:_n . =. =~~-~,===-=-=--~ I ~ c Ni.lme 01 CorpOIJlion or PJrlncrS:lip .__~____.______________~.__._______~________ ~ ll> "" &'J200S All RiglllS Re>crvClJ P,illler! IlIlIr" U.SA OSOEDOCI3? 6/05 DA TE SUBMITTED: May 22, 2007 BILL# ()1- ILftp AGENDA BILL CITY OF BREMERTON CITY COUNCIL SD ........................................................................................ SUBJECT: Intergovernmental cooperative purchasing agreement between the City of Bremerton and the City of Ruston Committee Meeting Date: June 11, 2007 COUNCIL MEETING Date: June 20, 2007 Department: PW&U Presenter: Bob Tulp Phone: 473-5753 SUMMARY: This agreement, pursuant to Chapter 39.34 RCW and other applicable laws, pertains to bids and contracts for supplies, materials, equipment, or services that may be required from time- to-time both by the City of Bremerton and the City of Ruston. It is expected this interlocal agreement will be used initially to access a contract between the City of Ruston and Systems for Public Safety, Inc., of Lakewood, Washington for installation of emergency equipment in newly purchased police vehicles. ATTACHMENTS: Intergovernmental Cooperative Purchasing Agreement FISCAL IMPACTS (Include Budgeted Amount): Agreement will allow the City of Bremerton to access an existing contract for installation of emergency equipment in new police cars. Contract is for labor only with all equipment to be supplied by the City. Labor cost for four patrol cars, two warrants cars, and one K-9 car is estimated at $12,619. The equipment cost for these installs (supplied by Bremerton) will be $61,244, for a total cost of $73,843. It will come from the ER&R fund. APPROVALS: ~ DEPARTMENT DIRECTO~ft. CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: COMMITTEE CHAIR COUNCIL PRESIDENT: ~~4~ CONSENT AGENDA GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve the intergovernmental cooperative purchasing agreement between the City of Bremerton and the City of Ruston as submitted. and authorize the Mayor to fiDalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: 0 Approve D Deny D Table D Continue D No Action INTERGOVERNMENTAL COOPERATIVE PURCH/\SING AGREEMENT Pursuant to Chapter 3().34 RCW and to other applicable laws, the City of Bremerton and the City of Ruston, both municipal corporations of the State of Washington, hereby agrec to coopcrative governmcntal purchasing upon the following terms and conditions: . This Agrecment pertains to bids and contracts for supplies, material, equipment, or services that may be required lI'om time to time both by the City of Bremerton and the City of Ruston. 1. Each of the parties from time to time goes out to public bid and contracts to purchase supplies, material, equipment and services. Each of the parties hereby agrees to extend to the other party the right to purchase pursuant to such bids and contracts to the extent permitted by law, and to the extent agreed upon between each party and the bidder, contractor, vendor, supplier, or service provider. 2. Each of the parties shall comply with the all applicable laws and regulations governing its own purchases. 3. Each of the parties shall contract directly with the bidder, contractor, vendor, supplier, or service provider, and pay directly in accordance with its own payment procedures for its own purchases. Each party will indemnify and hold the other party harmless as to any claim arising out of its participation in this Agreement. 4. Any purchase made pursuant to this Agreement is not a purchase from either of the parties. The Agreement shall create no obligation to either of the parties to purchase any pmiicular good or service, nor create to either of the parties any assurance, warranty, or other obligation from the other party with respect to purchasing or supplying any good or service. 5. No separate legal or administrative entity is intended to be created pursuant to this Agreement. No obligation, except as stated herein, shall be created between the parties or between the parties and any applicable bidder or contractor. 6. The City Clerk of the City of Bremer ton and the ____ of the City of Ruston shall be representatives of the entities for carrying out the terms of this Agreement. 7. This Agreement shall continue in force until canceled by either pariy, which cancellation may be effected upon receipt by one of the parties of the written notice of cancellation of the other party. INTERGOVERNMENTAL PURCHASING AGREEMENT - Page I 01'2 (he/weell City o/Brelllertoll ([lid City O/RII.I'IOII) (Jlllle 7, 10(7) APPROVED this day of ,2007 APPROVED this clay of ,2007 CITY OF BREr'v1ERTON CITY OF RUSTON BY: BY: Cary Bozeman Mayor APPROVED AS TO FORM: BY: BY: Roger Lubovich City Attomey ArrEST: BY: BY: Paula Johnston City Clerk R:\Lcgal\Legal\Contracts\PUBLlC WORKS\[nterlocal Purchasing Agrccl1lcnt-Ruston.doc INTERGOVERNMENTAL PURCHASING AGREEMENT - Page 2 01'2 (be/ll'eell CII)' ojBrclllcrloll IIl1d ell)' o/RU.I'lolI) (name) (Title) (name) (Title) (Name) (Title) (Julie 7, ](J(j 7) DATE SUBMITTED: June 6, 2007 BILL# 01- ILfl- AGENDA BILL CITY OF BREMERTON CITY COUNCIL SE ........................................................................................ SUBJECT: Award Contract J()r Warren A venue Offramp to Callahan Drive, 1J.l/ ~or~~fV\ U>V\ ...Aj~ II Committee Meeting Date: June J-3", 2007 COUNCIL MEETING Date: June 20,2007 Department: PW & U, Engineering Presenter: Michael Mecham Phone: 473,5288 SUMMARY: Sealed bids for construction of the project titled "Warren Avenue Offramp to Callahan Drive" were opened on June 5, 2007. The engineer's estimate for construction of the project is $457,765.26. Three bids were received for this project. Northern Con-Agg, Inc. was the lowest responsive, responsible bidder with a bid of$529,923.05 (including sales tax). ATTACHMENTS: 1. Council Summary; 2. Bid Tabulation. FISCAL IMPACTS (Include Budgeted Amount): The project is 95 percent funded by the Transportation Improvement Board. The remaining 5 percent is included in the 2007 Arterial Street Fund Budget. The total construction budget is $593,856. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: ~// c~r:~z<- 4J" .'(7' CONSENT AGENDA GENERAL BUSINESS D PUBLIC HEARING D COMMITTEE CHAIR COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to award a contract in the amount of$529,923.05 (including sales tax) with Northern Con-Agg, Inc. for construction of the project titled "Warren Avenue Offramp to Callahan Drive" and authorize the Mayor to finalize and execute the necessary contract documents Jor construction. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action COUNCIL SUMMARY Warren Avenue Offramp to Callahan Drive Contract Summary This contract provides for construction of a single lane southbound ofthlmp ti'om Wan'en A venue (SR 3(3) to Callahan Drive, Included in the construction will be curb and gutter, sidewalks, stonmvater improvements with a bioswale, lighting, guardrail, landscaping, permanent signing, channelization, fencing, and traftic control. Fiscal Summary The engineer's estimate for this project is $457,765.26 and is 95 percent funded by the Transportation Improvement Board (TIB). The remaining 5 percent is included in the 2007 Arterial Street Fund Budget. The responsive lowest bid was $529,923.05 by Northern Con-Agg, Inc.. Total cost of the project to date including engineering, construction and inspection is projected at $662,404, of which the City is responsible for $33,120. Warren A venue Offramp to Callahan Drive Council Summary BID TABULATION for WARREN AVENUE OFF RAMP i TYPE OF ITEM I SPEC NO. DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST PREPARATION I 1 MOBILIZATION L.S. 1 $59 708.51 $59.708.51 $23.700.00 $23 700.00 S55.000.00 $55.000.00 574.000.00 '574.000.00 2 CLEARING AND GRUBBING ACRE 1.32 $7.000.00 $9.240.00 $11.500.00 $15.150.00 $22.000.00 $29,0...0.00 $10.000.00 $13.2CO CD 3 REMOVAL OF STRUCTURES AND OBSTRUCTION L.S. 1 $1.00 $1.00 $3.000.00 $3.000.00 $20.000.00 S20.000.00 $5.000.00 $5.000.00 4 REMOVING ASP HAL T SIDEWALK S.Y. 680 $7.00 $4 760.00 $500 $3.400.00 $12.00 58.160.00 $10.00 56.50000 5 REMOVING ASPHALT CONC. PAVEMENT S.Y 360 $10.00 $3.600.00 $600 $2 160.00 $6.00 52.880.00 S10.0G $3,600.00 6 REMOVING CATCH BASIN EACH 1 $500.00 $500.00 $550.00 $550.00 550000 S~OO.OO :5600.00 S600.00 7 REMOVING CURB AND GUTTER L.F. 510 $5.00 $2.550.00 $5.00 $2.550.00 $7.00 053.570.00 S 1000 S5.100.80 8 REMOVING GUARDRAIL L.F. 335 $5.00 $1 675.00 $8.50 $2.84 7 .50 $1000 .$3.350.00 520.00 56.700.00 9 REMOVING EXISTING LIGHTING SYSTEM L.S 1 $7 000.00 $700000 $1.764.00 $1 764.00 $6.500.00 $6 500.00 515.00000 S15.000.00 I GRADING 10 ROADWAY EXCAVATION INCL. HAUL C.Y. 250 $15.00 $3750.00 $30.00 $7.500.00 $20.00 55.000.00 550.00 512.500.00 11 UNSUITABLE FOUNDATION EXCAVATION INCL. HAUL CY 100 $2000 $2000.00 $30.00 $3.000.00 $35.00 53,500.00 S16.00 $1.600.00 12 GRAVEL BORROW INCL. HAUL TON 350 $15.00 $5250.00 $27.00 $9.450.00 $25.00 $8.750.00 $15.00 ~5.250.00 13 EMBANKMENT COMPACTION C.Y 700 $5.00 $3 500.00 $7.00 $4 900.00 $6.00 54.20000 510.00 ~7.000.00 STORM SEWER 14 SOLID WALL PVC STORM SEWER PIPE 6 IN. DIAM. L.F. 5 $20.00 $100.00 $60.00 $300.00 5120.00 5600.00 $50.00 S250.00 15 SOLID WALL PVC STORM SEWER PIPE 12 IN. DIAM. L.F 358 $30.00 $10740.00 $38.50 $13.783.00 $3500 512.530.00 550.00 $.17.900.00 , 16 CONNECTION TO DRAINAGE STRUCTURE EACH 3 $500.00 $1.500.00 $650.00 $1.950.00 565000 51.95000 S1.00G.OO :53.000,00 17 CATCH BASIN TYPE 1 EACH 3 $90000 $2,700.00 $1 150.00 $3.45000 $1.100.00 $330000 S 1.500.00 SJ.500.00 18 CATCH BASIN TYPE 2 48 IN. DIAM EACH 2 $3.000.00 $6.000.00 $2.450.00 $4 900.00 $200.00 540000 $4.000.00 58.000.00 19 TESTING STORM SEWER PIPE L.F. 358 $2.00 $716.00 $5.00 $1 790.00 $6.00 $2.1";3.00 $5.00 $1,",'90.00 20 FLARED END SECTION 12-IN. DIAM EACH 1 $350.00 $350.00 $350.00 $350.00 $300.00 5300.00 $1.000.00 51.000.00 SURFACING 21 CRUSHED SURFACING BASE COURSE TON 480 $20.00 $9600.00 $35.00 $16800.00 $36.00 $17.28000 550.CO SL4.CJOO.OO WALLS 22 BLOCK SEGMENTAL CONCRETE RETAINING WALL UNIT. FULL KEYED EACH 82 $150.00 $12.300 $173.00 $14.186.00 $20000 $16..100.00 .5300 00 S2-L6Ge-.DO 23 BLOCK SEGMENTAL CONCRETE RETAINING WALL UNIT FULL. FLATTOP EACH 28 $160.00 $4 480 $180.00 $5,040.00 $200.00 $5.60000 $300.00 38.';00.00 I 24 BLOCK SEGMENTAL CONCRETE RETAINING WALL UNIT. FULL. CAP EACH 13 $130.00 $1690 $167.00 $2 17100 $160.00 $2.080.00 5300 00 $3.900.00 25 GRAVEL BACKFILL FOR ROCK WALL TON 250 $20.00 $5 000 $33.00 $8 250.00 $32.00 $8.000.00 S20.00 $5.00DOO 26 BASE LEVELING PAD S.F. 805 $5.00 $4 025 $8.75 $7043.75 $16.00 S 12.880.00 $15.00 S 12.075.00 27 BEAM GUARDRAIL TYPE 1 L.F. 335 $35.00 $11.725 $3750 $12.562.50 $35.00 $11.725.00 535.00 S 11, 725.,JO 28 BEAM GUARDRAIL G TERMINAL L.S. 1 $3 60000 $3 600 $1 000.00 $1 00000 $1.000.00 $1.00000 $ 1.000.00 $'.000.00 29 END TREATMENT L.S. 1 $1000000 $10000 $6 500.00 $6.500.00 $10.000.00 510.000.00 $ 1 0.000.00 510.000.CO ASPHALT CONCRETE PAVEMENT 30 PI.ANING BITUMINOUS PAVEMENT SY 560 $9.00 $5040.00 $13.00 $7 280.00 $1800 $10.080.00 512.00 $6.720.00 31 HMA FOR PRELEVElING CL. H2". PG 64-22 TON 100 $100.00 $1000000 $119.00 $11 900.00 $110.00 $11.000.00 $150.00 :315.(:00.00 32 HMA II?". PG 54-l? TON 610 $90.00 $54 900 00 $87.00 $5307000 $75.00 $45.750.00 590.00 S54.900 DO EROSION CONTROL AND PLANTING 33 TOPSOIL TYPE A CY. 600 $25.00 $15.000.00 $56.00 $33.600.00 $37.00 $22.20000 ;'40.00 524.000.00 34 HYDRO SEEDING S.Y. 5394 $1.00 $5394.00 $1.20 $6.472.80 $0.50 $2.697.00 51.00 ~.s.394.00 35 PSIPE 2 IN. CALIPER 'RED MAPLE CRIMSON KING I EACH 20 $250.00 $5 00000 $335.00 $6.700.00 $350.00 $7.000.00 $423.00 S8.560.00 36 PSIPE 2 IN. CALIPER DOUGLAS FIR. EACH 8 $200.00 $1.600.00 $280.00 $2 240.00 $175.00 S 1 400.00 $,\28.00 53.42400 37 TEMPORARY WATER POLLUTION'EROSION CONTROL L.S 1.0 $10.000.00 $10000.00 $600000 $6.000.00 $10.000.00 $10.000.00 525.00000 S25.00Ct,QO I 38 TESC PLAN L.S. 1.0 $1.500.00 $1 500.00 $1.00000 $1.000.00 $1.000.00 $ 1.00000 5500.00 ~.500.00 1 ENGINEER'S ESTIMATE NORTHERN CON AGG STAN PALMER CECCANTI ,",,,,.,/1,,.,,,..,,,,, j'.":~,..h,',,,,,, 'I'T~,..,'I." ,,/.',,""" fha, I'i~ /~~.' \ ,'IX/; BID TABULATION for WARREN AVENUE OFFRAMP TYPE OF ITEM SPEC NO. DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST TRAFFIC 39 CURB AND GUTTER TYPE A-I LF. 942 $16.00 $15072.00 $21.00 $19782.00 530.00 5:;8.260.00 S25.0Q 523.550.00 40 PLASTIC STOP LINE LF. 12 $7.00 584.00 $24.00 $28800 52200 5264.00 S22,00 5264.00 41 PAINT LINE L.F. 1.475 $0.25 $368.75 5090 $1 327.50 $1.00 $1.475.00 $1.00 S 1.4 75.00 I 42 PAINTED WIDE LINE L.F. 150 $0.50 $75.00 $1.50 $225.00 5150 $225.00 $1.10 5210.00 43 PLASTIC TRAFFIC ARROW EACH 1.0 $250.00 $250.00 $150.00 $150.00 $150.00 5150.00 ~, 135.00 :5135.00 i 44 RAISED PAVEMENT MARKER TYPE 1 HUND 0.4 $20000 $80.00 512.00 $4.80 $900.00 536000 3900.00 S360.00 45 RAISED PAVEMENT MARKER TYPE 2 HUND 0.1 $400.00 $40.00 $12.00 $1.20 $1.000.00 $100.00 $ 1.000.00 S100.00 46 PERMANENT SIGNING LS 1 $2,000.00 $2.000.00 $5.050.00 $5.050.00 $6 00000 $6.000.00 S8.000.00 S8.000.0C' 47 ILLUMINATION SYSTEM. COMPLETE LS. 1 $40,000.00 $40.000.00 $91.475.00 $91 475.00 $82.000.00 $82.000.00 591,000.00 $91,QOO,00 TEMPORARY TRAFFIC CONTROL DEVICES 48 PROJECT TEMPORARY TRAFFIC CONTROL LS. 1 $50 000.00 $50.000.00 $42 500.00 $42.500.00 S55.000.00 $5:J.OOO.:JO $.11 000 00 $41,00:).00 OTHER ITEMS 49 WATER mGAL 100 $40.00 $4 000.00 $5000 $5000.00 $50.00 55.000.00 S35 CO S3.500.00 50 STRUCTURE EXCAVATION CLASS B INCL. HAUL C.Y. 200 $20.00 $4.00000 $30.00 $6.000.00 $14.00 52,800.00 .52400 $4..100.00 I 51 SHORING OR EXTRA EXCAVATION CLASS B S.F. 120 $4.00 $480.00 $5.00 $600.00 $3.00 $3iiO.00 $100 5120.00 52 CEMENT CONC SIDEWALK SY. 774 $30.00 $23.220.00 $42.00 $32 50800 $33.00 $25.542.00 .546.00 S35.604.00 53 MONUMENT CASE. COVER. AND PIPE EACH 4 $500.00 $2000.00 $360.00 $1 440.00 3600.00 $2.400.00 5350.00 S1.-tOO.OO 54 COATED CHAIN LINK FENCE TYPE 6 LF 440 $25.00 $11.000.00 $20.00 $8.800.00 32000 S8.800.00 518.00 57,920.00 55 COATED END, GATE CORNER. AND PULLPOST FOR CHAIN LINK FENCE EACH 5 $100.00 $500.00 $170.00 $850.00 $150.00 3750.00 $150.00 $75000 56 ADJUST VALVE BOX EACH 1 $200.00 $200.00 3240.00 $240.00 $400.00 $400.0G 5350.00 5350.00 57 ADJUST WATER METER BOX EACH 2 $200.00 $400.00 $240.00 $480.00 $300.00 S600.00 S35:j ,00 3700.00 58 ADJUST MANHOLE EACH 1 $500.00 $500.00 $360.00 $360.00 340000 540000 S600.00 $600.00 59 ROADSIDE CLEANUP EST. 1 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1000.00 $1 000 CO S 1.000.00 $1,000.00 60 SPCC PLAN LS. 1 $2,500.00 32500.00 $500.00 $500.00 $30000 5300.00 S500.00 S500.00 61 TRIMMING AND CLEANUP L.S. 1 $2 500.00 $2 500.00 $2,000.00 $2.000.00 $2,500.00 $2,500.00 $10.000.00 $10.000.00 62 REIMBURSEMENT FOR THIRD PARTY DAMAGES EST. 1 $1 00000 $1,000.00 $1.00000 $1.000.00 $1.000.00 $1.00000 $1,000.00 S 1. 000 .00 63 MINOR CHANGE CALC. 1 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 51.00 $1 J)Q Total $457,765.26 $529,923.05 $593,457.00 $671,327.00 ENGINEER'S ESTIMATE NORTHERN CON-AGG STAN PALMER CECCANTI ",1.\ ",j;,o"" ",." W'"'''",h""~..,IJJ''''''I!I,'I',,I;,.h,mf)l1''' J"i::> H:~' ; ~~w >~"'". ....' .,;. ..,.1".".;. '.. ~"~""l\,'" ,;;.-?:~' ''''''''';~. ~ ,~ .,- .-. "'-" -~"t. _ . '. I '",:.-' ~ '.'\ ,', HORIZ. VERT. DRAWING NO. I DRAWN BY, S.J. aerial exhibit DATE 6/07 DESIGN BY' GF WASH. P.E. DATE CHECKED BY' WASH, P.E. # DATE SR 303 - MP. 1 43 TO 1.62 0. '" <( '" t: 0 w 0 0 '" al w SHEET => z w > <( 1 i5 OF '" 1 '" <( 3: NO. REVISIONS DESCRIPTION o I" 2" FIELD BOOK CITY OF BREMERTON DEPARTMENT OF PUBLIC WORKS & UTILITIES ENGINEERING DIVISION SR 303 WARREN A VENUE OFF -RAMP TO CJl,LLAHAN DRIVE EXHIBIT FOR CITY COUNCIL DATE BY TWO INCHES AT FULL SCALE IF NOT SCALE ACCOROINGL Y SCALE DATE SUBMITTED: June 6, 2007 AGENDA BILL CITY OF BREMER TON CITY COUNCIL BILL # Oi- 148 SF ......................................................................................., SUBJECT: Westpark Historic Preservation Memorandum of Agreement Committee Meeting Date: -k::11- 0' COUNCIL MEETING Date: In - 20 - 0 I Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: The proposed memorandum of agreement proposes mitigation and monitoring measures for the Westpark redevelopment as a result of the concerns raised in the Department of Archaeology and Historic Preservation's May 23,2007 letter, which concluded that the Westpark site is eligible for the National Register of Historic Places. Staff is reg uesting approval of the agreement and authorization to enter into the agreement. ATTACHMENTS: 1. Council Summary 2. Proposed Memorandum of Agreement FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: CONSENT AGENDA GENERAL BUSINESS 0 PUBLIC HEARING 0 COMMITTEE CHAIR COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve the Memorandum of Agreement regarding the Westpark Redevelopment Master Plan and authorize the Director of Community Development to finalize and execute the agreement with substantially the same tenns and conditions as presented. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action Office of the City Attorney Roger A. Lubovich, City Attorney To: From: He: Dale: City Council Roger A. LUboVit~ ~. ~;.:. n~ ~ Westpark Historic Preservation Memoran~f Agreement --:-'-" June 6,2007 The Director of Community Development is the designated Responsible Entity (RE) authorized to act on behalf of the U.S. Department of Housing and Urban Development (HUD) for purposes of compliance with the National Environmental Policy Act (NEPA) and Section 106 of the National Historic Preservation Act. The City has been acting as lead agency for ajoint NEPNSEPA EIS for the Westpark redevelopment master plan proposal. Staff has been working closely with the Bremerton Housing Authority (BHA), who is the lead agency for compliance with the State Environmental Policy Act (SEPA). The Westpark Master Plan Final EIS was published on May 15,2007. On May 23,2007 the Department of Archaeology and Historic Preservation (DAHP) submitted a letter disagreeing with the findings in the Final EIS and the Archaeological and Historic Resources Assessment (NW AA, 2007). The DAHP concludes that the Westpark site as a whole is eligible for the National Register of Historic Places. All parties wish to move forward to reach agreement on appropriate mitigation measures to address concerns raised in the DAHP letter. Staff has developed a draft Memorandum of Agreement (MOA), which proposes mitigation and monitoring measures for Westpark. The draft MOA is based on a template that has been used by DHAP for other projects. The following types of measures are proposed to mitigate adverse effects: (1) will be collecting, archiving and displaying historical information relating to Westpark, including plans, photographs, models, administrative and maintenance files; (2) will be developing a website or other electronic media with a focus on the history and development of Westpark; (3) will be adopting an unanticipated discovery plan; and (4) in connection with the abandoned landfill and the stormwater outfall in Oyster Bay, establishing thresholds for disturbance in conjunction with environmental remediation, and requirements for additional historic investigation and construction monitoring for future activities. The MOA requires BHA to carry out the mitigation measures and will have the financial responsibility for implementing the stipulations set forth in the agreement. The City will have a monitoring role to ensure compliance with the mitigation measures. Staff is requesting that City Council authorize the Director of Community Development to enter into this Memorandum of Agreement. . . . " MEMORANDUM OF AGREEMENT BETWEEN U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, THROUGH ITS RESPONSIBLE ENTITIY, THE CITY OF BREMERTON, THE HOUSING AUTHORITY OF THE CITY OF BREMERTON, AND THE WASHINGTON STATE HISTORIC PRESERVATION OFFICER REGARDING THE WESTP ARK REDEVELOPMENT MASTER PLAN, BREMERTON, WASHINGTON WHEREAS, the U.S. Department of Housing and Urban Development (HUD), through its Responsible Entity, the City of Bremerton (City), and the Housing Authority of the City of Bremerton (BHA) determined that the Westpark Master Plan (the undertaking) may have an adverse effect on the Westpark site, which is eligible for the National Register of Historic Places, and has consulted with the Washington State Historic Preservation Officer (SHPO) pursuant to 36 CFR Part 800, regulations implementing Section 106 of the National Historic Preservation Act (16 U.S.c. Section 470f); and WHEREAS, the City, as the Responsible Entity, has been designated to act on behalf of HUD for the purposes of compliance with Section 106, and thus all references herein to HUD shall be construed to mean the City and the City shall act as signatory for HUD; and WHEREAS, HUD has consulted with the BHA regarding the effects of the undertaking on the Westpark site and has invited the organization to sign this MOA as an invited signatory, and the BHA will have financial responsibility for implementing the stipulations set forth in this agreement; and WHEREAS, in accordance with 36 CFR Section 800.6(a)(1), HUD has notified the Advisory Council on Historic Preservation (Council) of its adverse effect determination with specified documentation and the Council has chosen not to participate in the consultation pursuant to 36 CFR Section 800.6(a)(1)(iii); WHEREAS, the purpose of this agreement is to identify the responsibilities of the parties with regard to cultural resources, and to specify measures that will adequately address adverse effects; NOW, THEREFORE, HUD, BHA, and the Washington SHPO (the "parties") agree that the undertaking shall be implemented in accordance with the following stipulations in order to take into account its effect on historic properties. HUD shall ensure that the following measures are carried out: I. STIPULATIONS A RECORDS PRESERV A nON The BHA possesses a significant number of original blueprints, photographs, drawings, paintings and other documents associated with the planning, design, construction, operation, and maintenance of West park. BHA, in consultation with the SHPO and other interested parties, shall conserve and archive such historical material related to Westpark. Acceptable facilities for . . . ': ::.:;,:,<:~,:." assessing their eligibility for listing in the National Register. In addition to any permits required for excavation, remediation or redevelopment, the BHA shall obtain the approval of the SHPO prior to commencing activities. II. DURATION. This agreement will be null and void if its terms are not carried out within seven (7) years from the date of its execution or by the conclusion of construction of the Westpark Master Plan, whichever occurs sooner. Prior to such time, the parties may consult with the other signatories to reconsider the terms of the agreement and amend it in accordance with Stipulation VI below. III. POST-REVIEW DISCOVERIES If potential historic properties are discovered or unanticipated effects on historic properties found, HUD, the BHA or its contractors shall implement the discovery plan included as attachment A of this agreement. IV. MONITORING AND REPORTING Each year following the execution of this agreement until it expires or is terminated, HUD shall provide all parties to this agreement a summary report detailing work undertaken pursuant to its terms. Such report shall include any scheduling changes proposed, any problems encountered, and any disputes and objections received in the HUD's efforts to carry out the terms of this agreement. Failure to provide such summary report may be considered a breach of the terms of this MOA pursuant to Section VI, below. v. DISPUTE RESOLUTION Should any party to this agreement object at any time to any actions proposed or the manner in which the terms of this MOA are implemented, HUD shall consult with the objecting party(ies) to resolve the objection. IfHUD determines, within 30 days, that such objection(s) cannot be resolved, HUD will: A. Forward all documentation relevant to the dispute to the council in accordance with 36 CFR Section 800.2(b )(2). Upon receipt of adequate documentation, the Council shall review and advise HUD on the resolution of the objection within 30 days. Any comment provided by the Council, and all comments from the parties to the MOA, will be taken into account by HUD in reaching a final decision regarding the dispute. B. If the Council does not provide comments regarding the dispute within 30 days after receipt of adequate documentation, HUD may render a decision regarding the dispute. In reaching its decision, HUD will take into account all comments regarding the dispute from the parties to the MOA. C. The parties' responsibility to carry out all other actions subject to the terms of this MOA that are not the subject of the dispute remain unchanged. HUD will notify all parties of its 3 . . . INVITED SIGNATORIES: Housing Authority of the City of Bremerton: Kurt Wiest, Executive Director Housing Authority of the City of Bremerton 5 Date: . . . Westpark Redevelopment Project Monitoring and Discovery Plan Page 2 of6 The contractor's supervisory personnel shall attend a briefing on cultural resource issues prior to beginning construction activities. The contractor and construction crew shall meet with the archaeologist to go over cultural resource issues and the procedures set forth herein. Contractor personnel shall be familiar with indicators of potential cultural resource discoveries. Contractor's personnel shall also be familiar with investigative procedures required in the event that cultural resources are encountered during construction. MONITORING OF GROUND DISTURBING ACTIVITIES Monitoring of construction excavation by a professional archaeologist during the entire course of the Westpark Project is unnecessary. Two locations have been identified for archaeological monitoring: 1. Oyster Bay - any subsurface excavation, including geotechnical borings, at the outfall along Oyster Bay shall be monitored if excavation extends beyond fill into native sediments. The Suquamish Tribe should be notified of any excavation along Oyster Bay. 2. Section 16 Refuse Disposal site - pre-construction environmental testing and remediation studies involving minor disturbance of soils within or adjacent to this site shall be monitored by a professional archaeologist. Any additional excavation is likely to require a permit from DAHP, per Title 27.53 Revised Code of Washington. MONITORING PROCEDURES The purpose of archaeological monitoring is to identifY archaeological resources and to assess the significance of resources in a rapid, cost-effective manner. Generally, archaeologists · Will observe construction equipment work and soil removal from multiple perspectives around and in front of working equipment, requiring close communication with construction supervisors, equipment operators, and grade checkers. · Will be safely stationed on the edge of a trench, or near a trackhoe bucket to observe trench sidewalls as they are excavated. · Will coordinate closely with construction personnel to enter an excavation trench or similar type of shored, enclosed space. · May examine backdirt removed from excavations, if the material is placed on the ground surface prior to removal. Communication Protocol The Archaeological Monitor will communicate with the on-site City/BHA Representative, Marathon Development, to make general requests about equipment movement, placement of back dirt for examination, or to access trench or foundation excavations. The Monitor also may need to communicate with excavation equipment operators to determine appropriate timing and procedures to access . . . Westpark Redevelopment Project Monitoring and Discovery Plan Page 4 of6 Upon discovery of potential pre-contact properties as defined in the National Historic Preservation Act of 1966, P.L. 89-665, 16 D.S.C. Section 470 et seq. (NHPA) or human remains and other cultural items as defined by the Native American Graves Protection and Repatriation Act of 1990, P.L. 101-601,25 U.S.C. Section 3001 et seq. (NAGPRA), Marathon Development shall immediately call the contacts listed to inform the parties of the discovery, but in any event, no later than within twenty-four (24) hours of the discovery. If the discovery is made after Tribal business hours, the City shall contact the Suquamish Tribal Police Department Duty Officer at 911. Ifrequested, ajoint viewing of the discovery by City, the Tribe, and other participating parties (DAHP) will be scheduled within forty-eight (48) hours of the notification, or at the earliest possible time. If the site is determined eligible, the participating parties will consult to determine the appropriate treatment. Treatment measures may include protection in place or data recovery such as mapping, photography, limited probing and sample collection, or other activity deemed appropriate by the consulting parties PROCEDURES FOR THE DISCOVERY OF HUMAN SKELETAL MATERIAL Any human remains that are discovered during this project will at all times be treated with dignity and respect. If any project employee or one of its contractors or subcontractors believes that he or she has made an unanticipated discovery of human skeletal remains, all work adjacent to the discovery shall cease. The area of work stoppage will be adequate to provide for the security, protection, and integrity of the archaeological discovery. At a minimum, the immediate area of the discovery will be secured to a distance of thirty (30) feet. Vehicles, equipment, and unauthorized personnel will not be permitted to traverse the discovery site. Work in the immediate area will not resume until treatment of the discovery has been completed as set forth in this document. Marathon Development shall immediately notify the Bremerton police and Kitsap County Coroner to have them determine whether the remains are part of a crime scene. Contemporaneous with notifying the Coroner, Marathon Development shall also notify the City, BHA, DAHP, the Tribe, and the project consulting archaeologist. Human remains and associated funerary objects shall remain in place, unwashed, uncleaned and without analysis, with minimal disturbance by the Coroner in completing his or her work. After elimination of the site as a crime scene, Marathon Development shall continue to maintain the remains and any associated funerary objects in place, unwashed, unexamined and undisturbed. The ethnic origin, or ancestry, of the discovered human remains will be determined through consultation with the City, DAHP, the Kitsap County Coroner, and the Tribe. The City shall give due consideration to and honor, to the extent possible, any request by the Tribe to leave the remains and/or other cultural items undisturbed and in place. Should the Tribe request to conduct ceremonies or other traditional activities with respect to the human remains at the site where the remains were found the City will accommodate such requests to the maximum practical extent possible. . . . Westpark Redevelopment Project Monitoring and Discovery Plan Page 6 of6 CONTACT INFORMATION / LEAD REPRESENTATIVE The City of Bremerton Andrea Spencer, Community Development Director 345 6th Street, 6th Floor Bremerton, W A 98337 (360) 473-5283 Bremerton Housing Authority c/o Marathon Development Kathryn Jerkovich 409 Pacific Avenue Bremerton, WA 98337 (253) 740-4489 Washington Department of Archaeology and Historic Preservation (DAHP) ]063 South Capitol Way, Suite ]06 Olympia, W A 9850] Dr. AlIyson Brooks, SHPO (360) 586-3066 Allyson.Brooks@dahp.wa.gov Stephenie Kramer (360) 586-3083 Stephenie.Kramer@dahp.wa.gov Suquamish Tribe Dennis Lewarch P.O. Box 498 Suquamish, W A 98392-0498 (360) 394-8529 dlewarch@suquamish.nsn.us Kitsap County Coroner Greg Sandstrom 6] 4 Division Street, MS-] 7 Port Orchard, W A 98366 (360) 337-7077 Bremerton Police Department 9] ] Northwest Archaeological Associates, Inc. (NW AA) 54]8 20th Ave NW, Suite 200 Seattle, W A 98] 07 Mike Shong (Monitoring Coordinator) (206) 78] -] 909 mshong@northwestarch.com Christian J. Miss (Principal) (206) 781-1909 cj miss@northwestarch.com DATE SUBMITTED: BILL # --.D_k~_<<j-1-_ AGENDA BILL CITY OF BREMERTON CITY COUNCIL 1,,11 ........................................................................................ SllB,fECT: Memorandum of Understanding "vith the Suquamish Indian Tribe Committee Meeting Date: June I 1,2007 COUNCIL MEETING Date: June 20, 2007 Department: Engineering Presenter: Tom Knuckey Phone: 473-2376 SUMMARY: The goal of this Memorandum of Understanding is to strengthen the government-to- government relationship with the Suquamish Indian Tribe. This will be accomplished by forming an intergovernmental committee that will meet regularly to discuss and resolve issues of mutual interest. The initial meeting frequency will be quarterly. ATTACHMENTS: 1. Council Summary; 2. Memorandum of Understanding FISCAL IMP ACTS (Include Budgeted Amount): None APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: COMMITTEE CHAIR COUNCIL PRESIDENT: ~ I CONSENT AGENDA D GENERAL BUSINESS ~ PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve the Memorandum of Understanding with the Suquamish Indian Tribe and authorize the Mayor to finalize and execute the necessary documents for the memorandum in substantially the same terms and conditions as presented. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action MEMORANDUM OF UNDERSTANDING WITH THE SUQUAMISH INDIAN TRIBE COUNCIL SUMMARY Summarv During recent meetings with the Suquamish Indian "Tribe, a request was made to execute a Memorandum of Understanding (MOU) to fa<.:ilitate dis<.:ussions and bring resolution to issues of mutual interest. The attached MOU establishes an Intergovernmental Committee and outlines the responsibilities and procedures under which the committee will operate. Specitic operational issues and limitations of the committee are outlined in the MOU: a limited outline is as follows: · The Committee will be comprised of up to 3 elected ofticials or designated representatives from each party, and will be co-chaired by a representative of each party. . The Committee will review issues and formulate recommendations for their respective government's actions. · The Committee will meet within 60-days of the execution of the MOU, and meet quarterly for two years afterward. After two years, the committee will evaluate the effectiveness of the committee. . The Committee will review issues of mutual intergovernmental interest such as economic well-being, environmental protection, cultural events, cultural resource protection, tisheries, and habitat restoration. · The Committee will have wide flexibility in detining how issues will be handled, including the ability to delegate technical issues to subcommittees for information gathering, study or analysis. ('ilF o/Brell/l:'rlOI1 MOU wilh /hl:' S'/lill/wl/ish Indial1 Trihl:' kh~v 1007 MEMORANIlUM OF UNIlERSTANIlING BET\VEEN THE SUQUAMISH INDIAN TRIBE AND THE CITY OF BREMERTON GUIDING PRINCIPLES This memorandum of understanding (hereinafter referred to as MOU) dated , 2007, is executed between the Suquamish Indian Tribe ~-_.._-~- (hereinafter referred to as "the Tribe") and the City of Bremerton (hereinafter referred to as "the City") in order to better achieve mutual goals through an improved relationship between sovereign Tribal government and local city government. This MOU provides a framework for strengthening the government-to-government relationship that exists today. The Parties to this MOU respect the sovereignty and political integrity of the Tribal government and the political integrity of the City government. The respective sovereignty of a federally recognized Tribe and the decision-making authority of the City, as a recognized legal entity of the State of Washington, provide authority for that party to exist and govern. The Parties share respect for the values and culture represented by the Tribal government and the City, and desire an agreement between the City and the Tribe reflecting a full government-to-government relationship and will work in good faith to achieve the goals of such an MOU. PARTIES The Tribe is a federally recognized Indian tribe located on the Port Madison Indian Reservation (hereinafter referred to as "the Reservation") in Kitsap County, Washington. The Tribe is a party to the Treaty of Point Elliott. The Tribe has a vital interest in, and responsibility for, the planning and protection of the public health, safety, economic welfare, and resource management needs and interests of their members, the residents of the Reservation, and the Reservation itself. The City is a municipal corporation in the State of Washington. The City has a vital interest in, and responsibility for, the planning and protection of the public health, safety, economic welfare, and resource management needs and interests of its residents. GOALS This MOlY is a testament to the commitment by the Parties to strengthen their government-to-government relationship. This relationship respects the sovereign status of the Tribe and decision-making roles of the City, enhances and improves communications between them, and seeks to j~lcilitate the resolution of issues. This MOl] intends to implement a forum in which to discuss. review. and recommend procedures to strengthen the government-to-government relationship. 'fhis MOU also provides a foundation for subsequent agreements between the governments of a more specific nature which outline specific tasks to address or resolve speciJic issues. The Parties recognize the contributions, both unique to and shared by the Parties, that each make to a broad cultural. economic, and historical heritage. Better communication and more systematic opp0l1unities to work and celebrate together are understood by both Parties to further basic goals of a regional community such as promoting respect for different cultures, linking people to their heritage, fostering a sense of place, deepening community pride, encouraging civility, fostering empathy, and ofTering hope for the future. The Parties acknowledge that certain of the actions on the part of either the City or the Tribe have the potential to affect aquatic habitats, fisheries, or cultural resources, security, or economic well-being of the Parties. The Parties recognize that the Tribe has a vital economic, cultural, and/or spiritual interest which may be affected by City activities. Further, the City's own economic and cultural interests may be influenced by activity of the Tribe. The Parties acknowledge that success in achieving their respective goals, responsibilities, and interests can be significantly affected by the actions of the other, and it is therefore in the interests of both Parties to establish a process that facilitates cooperation between the Parties, and provides methods for better communication, continued education, and resolution of various issues. IMPLEMENTATION PROCEDURES This MOU addresses the relationship between the Parties, its ultimate purpose being to improve communication and mutual understanding so that people are better served by decisions made by these governments. PROVISIONS AND DUTIES OF INTERGOVERNMENTAL COMMITTEE Formation: The Tribe and the City agree to form an Intergovernmental Committee to be comprised of elected officials, or their designated representatives, of the Parties. 'fhe Tribe and the City recognize this Intergovernmental Committee as the appropriate forum for discussion and resolution of issues. It will be the Intergovernmental Committee's responsibility to review issues and formulate recommendations for their respective government's action. The Committee will outline actions. initiatives, and/or policies to address and/or resolve issues of mutual concern. The Intergovernmental 2 Committee shall be formed and conduct its first meeting within sixty (60) days of the date of the execution of this MOLi. Membership: The Intergovernmental Committee shall include up to three (3) elected officials of the Tribe, or their designees, and up to three (3) elected officials of the City or their designated representatives. The Committee members \vill be selected and subject to removal and replacement by their respective governments. Meetings: The Intergovernmental Committee shall meet quarterly for two years following adoption of this MOLi, at the end of which time the Committee will evaluate the effectiveness of the MOLi. The Intergovernmental Committee may opt by mutual agreement to alter the frequency of meetings as circumstances warrant. The Intergovernmental Committee shall be co-chaired by a member from each Pm1y. The Tribe and the City will each appoint a co-chair at the Intergovernmental Committee's first meeting. These co-chairs may be replaced by their appointing government at any time. The co-chairs and their designees and/or staff will be responsible for setting meeting dates and places, developing agendas, and producing and distributing any materials required for meetings. The meetings will be conducted at a mutually agreed upon location. At least two representatives of each Party must be present for an Intergovernmental Committee action to be considered valid. Meeting summaries shall be prepared and reviewed by each Party for amendments. The responsibility for preparing meeting summaries shall be decided by the Intergovernmental Committee. Scope of Issues: Matters brought before the Intergovernmental Committee will be issues of intergovernmental interest to the Tribe and the City and may include, but are not limited to matters such as economic well-being, environmental protection, cultural events, cultural resource protection, fisheries, and habitat restoration. The Intergovernmental Committee will decide based on mutual agreement whether it will address a particular matter. Decision-Making: The Intergovernmental Committee shall have wide flexibility in the manner in which matters before the Intergovernmental Committee are handled. Both Parties agree to attempt to achieve consensus on matters requiring action by their respective governments. The Intergovernmental Committee need not, but may, elect to facilitate its discussions by a qualified and neutral individual who is jointly selected, equally paid by, and agreeable to both Parties. Technical Subcommittees: The Intergovernmental Committee may elect to delegate specific technical issues to subcommittees for information gathering, study, and/or analysis prior to the Intergovernmental Committee reaching agreement on an issue. The composition, scope, and responsibilities of the subcommittees will be determined by mutual agreement of the Intergovernmental Committee at the time of its decision for the need for such a subcommittee. '"' -) Amendment Procedures: The provisions of this MOU may be amcnded by mutual written agreement of the Parties duly executed by the lawfully authorized officers or officials of each Party. SOVEREIGNTY AND DISCLAIMERS Each of the Parties respects the sovereignty of the other. In executing this MOU, no Party waivcs any rights, including treaty rights, immunities, or jurisdiction. This MOU does not diminish any rights or protections; rather. it seeks to strengthen a collective ability to successfully resolve issues of mutual concern. While the relationship described in this MOU provides increased ability to solve problems, it is not expected to resolve all issues. Inherent in the relationship is the recognition that ultimate decision making authority lies with the respective Party's duly authorized governmental body. TERMINATION OF AGREEMENT Either Party may terminate this MOU upon one hundred and twenty (120) days written notice. Recommendations made by the Intergovernmental Committee and all specific agreements executed by the Parties pursuant to this MOU shall survive the termination of this MOU and shall be binding on both Parties and their successors. EFFECTIVE DATE This MOU shall become effective upon authorized signatures by the Parties below. THE CITY OF BREMERTON THE SUQUAMISH TRIBE Cary Bozeman Mayor City of Bremerton Leonard Forsman Tribal Council Chairman Suquamish Tribe 4 L)ATI~ SUUMITTED: [V!:IY 30, 2UU7 AGENDA BILL (TTV OF BREMERTON (Try COUNCI L I~ ILL tl ___ .D_J_::-__L~Q.__ "8 Blilllall3ltflltl.IIIZIII.,.a...IlIaIlDIIBallaClDlIllllaBllaall.llaIlDIIII..Blla.DalllIaallll..aIlDliiIlIlIlIlI.llmaIlDlaIlIJElIIDs...all. SUBJI~cr: Sale of City properties to Buzz Holmes adjacent to and abutting his property along Charleston Beach Road. Committee Meeting Oak: _____Ll.!.!l!lL,1007 COUNe] L M EETrNCi Date: J line 20, 1007 Departmcnt:_PW & U, l~ngincering Presenter: Michaell\1echam Phone: 473.5288 SUMMARY: The City has received an otTer of$_~ 5;;).D Cor the purchase of elev.eY1. (' It) properties which arc adjacent to property currently ownelby Buzz Holmes. The properties were purchased as part of the SR 304 T.I.P.-Navy Yard Highway and will be sUlVlus once the project is completed. Physical occupation ofthe parcels will be delayed until substantial completion ofthe project. ATTACHMENTS: 1. Council Summary; 2. Exhibit Drawing. FISCAL IMPACTS (Include Budgeted Amount): Proceeds from the sale ofthese properties will be included into the project funding for the SR 304 T.I.P.-Navy Yarcl Highway. APPROV ALS: DEP AR TMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: COMMITTEE CHAIR COUNCIL PRESIDENT: d~Mf;:;- CONSENT AGENDA 0 GENERAL BUSINESS;&J PUBLIC HEARING 0 RECOMMENDED MOTION:l\1ove to approve the sale of properties, as presented, to Benjamin P. Holmes for $365,520 with an option for an additional parcel for $9,480 and authorize the Mayor to finalize and execute any and all documents necessary to close the transaction. CUUNCIL AC"fIO;\i: 0 Approve 0 DCIlY 0 Tclhk o Contilluc 0 No Actiun COUNCIL SUMMARY Property Sales to Buzz Holmes Summary Buzz Holmes of Holmes Mechanical has approached the City of Bremerton with an offer to purchase twelve (12) parcels of property which arc adjacent to and abutting property he owns along Charleston Beach Road. As part of the proposal to purchase the properties, Mr. Holmes has supplied City staff with preliminary designs for a retail/office center building with possible residential units above the first f100r of the structure to be constructed on the west side of Charleston Beach Road (CBR). City staff supports this property sale for the following reasons: . Proposed development is compatible with the City's desire for re-development of the area following construction of the new roadway for CBR. This is especially true in light of an anticipated annexation of the area by the City and the proposed zoning for the area. . The properties, due in part to their sizes, would be di fficult to develop independently of the Holmes parcels. The majority of the properties are remnant parcels from the right of way acquisitions along CBR for the new roadway. As such, the best and highest value for the parcels would be achieved in conjunction with the adjacent property owner. · Mr. Holmes has also proposed conveying a parcel of property in front of his current parcel to the City for our project. This will allow additional plantings and landscaping improvements to be completed along with placing the new right of way fence 10 feet from its current position at the back of the proposed shoulder for SR 304. . Funds from the property sale will be placed into the constmction phase of the SR 304 T.I.P.-Navy Yard Highway Phase. Mr. Holmes's offer to purchase the properties is $ . Staff is of the opinion this is an acceptable offer. The total amount expended on the properties for acquisition was $294,790.00. The individual parcels and their 2004-2005 prices are reflected below. Parcell: Undeveloped parcel which we purchased access rights along SR 304 from. The O\vner requested the City to purchase the remnant parcel for $78,900.00. ( Berg) Parcel 2: Developed property which we were to purchase access rights from. However, the property owner requested City to purchase remnant, and the City saw an opportunity to remove a blighted building from the project limits. Value of the land was 594,400, and the building at 594,000 for a settlement total of S 188,400. (Wright) COIlIli'11 SIIIII II Ii liT /'/"{llh'J"l1 S,II,' II! II/e:: //olllil's j)ogcl (~(~ Parcel 3: Developed property with residential rental unit and storage \vas purchased as a total take. Total cost orthe acquisition was 557,100, orwhich 538.400 was the land value. (Reinhold) Parcel 4: Undeveloped parcel which saw a partial take for the roadway be purchased. The property owner requested City to purchase remnant. Purchase price for remnant parcel was 571,800.00. (Berg) Parcel 5: Parce1landloeked by City purchase of Parcel #4. Property owner requested purchase by City or undeveloped lot. Purchase price of $4,469.00. (Berg) Parcel 6: Parcel landlocked by City purchase of Parcel #4 and #5. Property owner requested purchase by City of undeveloped lot. Purchase price of $6,821.00. (Berg) Physical occupation of the properties by Mr. Holmes will be delayed until substantial constmction of the SR 304 project, as the properties are to be used by the Contractor for staging of materials and storage. ('!iIlIl,il.\'IIIIlIl/'IIT f'['!if',''''i .\'<11,' {!i fill:::' ff!illlln /)d,L~(,~ (Jj _1 . 0.. :t 'tl vi .~ "t QJ g. '- Q. ..... 0 QJ "0 lJ) . lJ) QJ E "0 :t '- ~ ..... Q ..c:: ~ --- lJ) 0.. .S :t 0 is ..... Q ~ --- :.... 0 :t ~ i 'tl '- ~ ~ 0 <: - I 't- Cl .., 0:::. 1I) --- 0::: '<: <: . ~ (J --- 1I) 0::: ~ :::J -.J -.J '<: --- h: EXHIBIT MAP FOR PROPERTY SALES & ACQUISITION WI BUZZ HOLMES PORTION OF G.L2 SEC.21 ,T .24N.,R.1 E.,WM KITSAP CO., WA 5/29/07 - S.JJG.F. DRAFT REAL ESTATE PURCHASE AND SALE AGREEMENT \VITH EARNEST MONEY PROVISION This agreement controls the terms of the sale of real property. (Please read carefullv before Si2IliIl2.) This Agreement is entered between the CITY OF BREMERTON, a Washington municipal corporation ("Seller"), and Benjamin P. Holmes ("Buyer"), for the sale and purchase o I' real property as follows: 1. PROPERTY. The property, including all improvements and applllienances situated thereon, which Buyer agrees to buy and Seller agrees to sell, is legally described in Exhibit A, attached hereto and incorporated herein by this reference. A map indicating the location of the Propeliy is also attached as Exhibit B, incorporated herein by this reference. 2. EARNEST MONEY. Received from Buyer, Ten Thousand Dollars ($10,000) as earnest money and part payment on the purchase price for the Property. Earnest Money shall be deposited with the Escrow Agent within five (5) days after execution of this Agreement and shall be held by the Escrow Agent for the benefit of the parties until released pursuant to the terms of this Agreement. 3. PURCHASE PRICE. The total purchase price is Three Hundred Sixty Five Thousand Five Hundred Twenty Dollars ($365,520.00), plus conveyance of a parcel described and depicted in Exhibit C from Buyer to Seller for additional right-of-way for SR 304. The total purchase price, including earnest money shall be due in cash at closing. 4. OPTION TO PURCHASE. If the sale and purchase contemplated herein closes, then the Seller grants to the Buyer an option to purchase the property described in Exhibit D ("Option Property") for the current tax assessed value of$9,480, upon receipt of title by Seller to the Option Property. If the sale and purchase contemplated herein fails to close or if the Seller does not receive title to the Option Property within five (5) years of the date of closing the sale contemplated herein, then neither party hereto shall have any rights or obligations regarding this option to purchase. This option must be exercised by Buyer within six (6) months of notice to Buyer by Seller that Seller has acquired title to the Option Property. 5. CONTINGENCIES. This agreement is contingent upon: (a) Acceptance of its terms by the Bremerton City Council. (b) Buyers review and approval of the title report on the property prior to Closing. Should any of these contingencies not be met prior to closing, then this Agreement shall terminate except neither Buyer nor Seller shall have any further rights, duties or obligations hereunder, except that the Eamest Money held in escrow shall be immediately retumed to Buyer. 6. CONVEYANCE AND CONDITION OF TITLE. The title to the real property shall be conveyed by Seller to Buyer at closing by Statutory Warranty Deed, free and clear of all liens, encumbrances or defects except those described in Paragraph 6 below. REAL ESTATE PURCHASE AND SALE AGREEMENT Page 1 of 4 7. TITLE INSURANCE. At Closing, Seller shall cause Transnation Title Insurance Company, whose address and telephone number is 9619 Levin Road NW Silvcrdale, Washington 98383, (360 692-4556), to issue a standard form owner's policy of title insurance to Buyer in an amount equal to the'total purchase price of the Property. The cost of this policy shall be paid from Seller's funds at Closing. lfan extended coverage owner's policy is requested by Buyer, then Buyer shall pay the increased costs associated with that policy including the excess premium over that charged for a standard coverage policy, and the cost of any survey required by the title insurer. For purposes of this Agreement, the following shall not be deemed encumbrances or defects: rights reserved and federal patents or state deeds; building or use restrictions consistent with current zoning, and utility and road easements of record. If title cannot be made so insurable prior to the Closing date called for herein, unless, Buyer elects to waive such defects or encumbrances, this Agreement shall terminate. 8. CLOSING COSTS AND PRO-RATIONS. The cost of escrow shall be shared equally between Buyer and Seller, except those fees which are expressly limited by Federal Regulation. Seller shall pay for excise tax and revenue stamps as applicable. Buyer shall pay recording fees. Taxes for the current year, rents, interest, Association, Condominium and/or Homeowner's fees, water and other utility charges, if any, shall be pro-rated as of date of closing unless otherwise agreed. 9. CLOSING OF THE SALE. With the understanding that time is of the essence for this agreement, this sale shall be closed by which shall also be the tennination date of this agreement unless said closing date is extended in writing by mutual agreement ofthe parties. When noti fied, the Buyer and Seller will deposit, without delay, in escrow with Transnation Title Insurance Company (Escrow Agent) all instruments and monies required to complete the transaction in accordance with this agreement. Closing, for the purpose of this agreement, is defined as the date that all documents are executed and the sale proceeds are available for disbursement to the Seller. 10. CASUAL TV LOSS. If prior to closing, improvements on said premises shall be destroyed or materially damaged by fire or other casualty, this agreement, at option of the Buyer, shall become null and void. 11. POSSESSION. Buyer shall be entitled to possession of the properties as follows: (a) Seller shall deliver possession of Parcels #1,5 & 6 to Buyer no later than the end of the day on the closing date. (b) Seller shall deliver to Buyer possession of Parcel #4 at the time of substantial completion of Charleston Beach Road. (c) Within thirty (30) days of substantial completion of SR304 Project, Seller shall demolish and dispose of building and all foundation and debris on Parcel #2 and deliver possession to Buyer. (d) Possession of all parcels shall be complete on or before July 1,2008. REAL ESTATE PURCHASE AND SALE AGREEMENT Page 2 of 4 12. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller makes no representations as to the environmental condition of the property. This provision shall survive closing. 13. HOLD HARMLESS. As partial consideration for the purchase of the Property, Buyer purchases the property and improvements "as is" and agrees to hold the Seller harmless from any environmental condition or defect whether known or unknown. This provision shall survive closing. 14. DEFAULT AND ATTORNEY'S FEES. (a) Buyer's Default. If Buyer defaults hereunder, Seller's sole remedy shall be limited to damages against Buyer in the liquidated amount ofthe earnest money previously paid the Buyer. Buyer and Seller intend that said amount constitutes liquidated damages so as to avoid other costs and expenses to either party in connection with potential litigation on account of Buyers' default. Buyer and Seller believe said amount to be a fair estimate of actual damages. . (b) Seller's Default. If Seller defaults hereunder, Buyer shall have all the rights and remedies available at law or in equity. (c) Attorney's Fees and Costs. In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. 15. NOTICE TO BUYER. This fonn contains provisions for an agreement for the purchase and sale of real estate. The Seller makes no warranty or representation of any kind that this fonn, or any of its provisions, is intended to meet the factual and legal requirements of a particular transaction, or that it accurately reflects that laws of the State of Washington at the time you enter the agreement. This agreement has significant legal and financial consequences. By signing this agreement, Buyer acknowledges that Buyer has or has had the opportunity to consult with an attorney regarding Buyers rights and obligations in this agreement. 16. BROKERS FEES/COMMISSIONS. Buyer agrees to indemnify, defend and hold harmless Seller with respect to any claim by any person or entity claiming through Buyer to be entitled to a commission with respect to the transaction contemplated by this agreement. 17. NON-MERGER. The terms, conditions, and provisions of this Agreement shall not be deemed merged into the deed, and shall survive the Closing and continue in full force and effect. 18. NOTICES. All notices required or pernlitted to be given hereunder shall be in writing and shall be sent U.S. certified mail, return receipt requested, or by facsimile transmission addressed as set forth below: (a) All notices to be given to Seller shall be addressed as follows: Mayor City of Bremerton 345 6th Street, Suite 600 Bremel10n, Washington 98337-1873 REAL ESTATE PURCHASE AND SALE AGREEMENT Page 3 of 4 (b) All notices to be given to Buyer shall be addressed as follows: Benjamin Holmes 10890 Old Frontier Road NW Silverdale, W A 98383 Either party hereto may, by written notice to the other, designate such other address for the giving of notices as being necessary. All notices shall be deemed given on the day such notice is personally served, or on the date of the facsimile transmission, or on the third day following the day such notice is mailed in accordance with this paragraph. 19. ENTIRE AGREEMENT. This agreement, including all incorporated exhibits, constitutes the full understanding between seller and buyer. There have been no verbal or other agreements that modify this agreement. 20. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon parties hereto and their respective heirs, successors and assigns; and the terms, conditions and provisions of this Agreement shall survive the closing of this transaction. 21. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the date of mutual acceptance of this Agreement shall be the last date on which the parties to this Agreement have executed this Agreement as indicated below. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below. SELLER: CITY OF BREMERTON BUYER: By: Cary Bozeman, Mayor Benjamin Holmes Dated: Dated: APPROVED AS TO FORM: By: Roger A. Lubovich, City Attomey R:\Legal\Legal\Files\Current Active Files\Holmes-Real Estate Transaction\REPSA.c1oc REAL ESTATE PURCHASE AND SALE AGREEMENT Page 40f4 EXHIBIT A PARCEL 1 Tax Account No. 4600-026-004-0106 That portion of Lots 4 through 8, Navy Yard City, as per plat recorded in Volume 3 of Plats, Page 75, Records of Kit sap County, Washington; and vacated Highland Drive lying between Old Navy Yard Highway Number 14 and New Navy Yard Highway Number 2 I; also that portion Lots 9 and 10 lying south of Navy Yard Higlnvay; and except new state highway; also that portion of Lots 11 and 12 lying south of Navy Yard Highway; except new street. Tax Account No. 222401-4-068-2002 That portion of Government Lot 2, in Section 22, Township 24 North, Range 1 East, W.M.; and that portion of Lot 1, Block 21, Charleston Tidelands lying between Old Navy Yard Highway and State Highway Number 21 described as follows: beginning at a point on south right of way line of Old Navy Yard Highway which is North 40007'17" East 1.02 feet of the intersection of the centerline of said Section 22 and the South right of way line of said Navy Yard Highway, said point being the True Point of Beginning; thence South 47056'23" East a distance of 15.93 feet to the Northwesterly right of way line of State Highway No. 21; thence along said right of way 52.38 feet; thence leaving said right of way, North 4rlO'23" West 37.35 feet to the southerly right of way line of the Navy Yard Highway, as now exists; thence South 40007'17" West along said right of way, a distance of 35.88 feet; thence South 0043'30" West 23.56 feet to the South right of way line of said Navy Yard Highway before vacated; thence Southerly 15 feet; thence North 40007'17" East 1.0 feet along said right of way line to the True Point of Beginning. *Location, at intersection of Navy Yard Highway and Marion A venue Tax Account No. 222401-4-069-2001 That portion of Government Lot 2 and Tideland in Section 22, Township 24 North, Range 1 East, W.M., as described as follows: beginning at a point on the South boundary of Navy Yard Highway, 58.23 feet; thence Northeasterly from initial point which is 1.02 feet East of the intersection of the centerline of Section 22 and the South boundary of Navy Yard Highway; thence south 46055' East 384.48 feet; thence North 56049'48" East 63.05 feet along the inner harbor line; thence North 47052' West 404.18 feet; thence South 38012' West 54.74 feet to beginning; except new State Highway and except to U.S.A *Location 40 Charleston Bremerton Tax Account No. 222401-4-070-2008 Portion of Government Lot 2 in Section 22, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: beginning at a point on the South boundary line of Navy Yard Highway, I 13.06 feet in a Northeasterly direction from the initial point, which is 1.02 feet East of the inter section of the centerline of Section 22 and the Southerly boundary of Highway; thence South 47052' East 404.18 feet; thence N0l1h 56049'48" East 45.02 feet along the inner harbor line; thence North 47044' West 503.86 feet; thence South 38012' West 44.86 feet; thence South 47052 East 85.20 feet to the Point of Beginning; except to road; except new state highway and except portion lying northwesterly of Highway and except to U.S.A. and except per Auditor's File No. 746589. *Location 50 feet Northeast oCthe intersection of Navy Yard Highway and Marion Ave. PARCEL 2 Tax Account No. 222401-4-079-2009 That portion of Government Lot 2, Section 22, Township 24 North, Range I East, W.M., in Kitsap County, Washington and of Block 21 o I' Charleston Tidelands, described as follows: beginning at a point on the Southerly line of the former Navy Yard Highway which is 279.5 feet Northeasterly from an initial point on said Highway 1.02 feet East of the center line of Section 22; thence Northeasterly along said Navy Yard Highway 104.48 feet, more or less, to the Southwesterly line of a tract conveyed August 22, 1935 to Claire M. Hopkins by deed recorded under Auditor's File No. 295709; thence South 54013' East to the northerly line of primary State Highway No. 21; thence Southwesterly along said State Highway to a point South 53002' East from the Point ofBegilming; thence North 53002' West to the Point of Beginning, situate in Kitsap County, Washington. PARCEL #4 Tax Account No. 4600-026-001-0000 That portion of Lot 1, Block 26, Navy Yard City, as recorded in Volume 3 of Plats, Page 75 records of Kit sap County, and of Govemment Lots 2 and 3, Section 22, Township 24 North, Range 1 East, W.M. described as follows: that portion lying Southwesterly of the following described line; commencing at the monument at center of Section 22; thence South 0049'53" West 1617.59 feet along the center line of said Section 22, to the Easterly line of the Westerly vacated 15 feet of the Navy Yard Highway right of way; thence North 38012' East along said vacated right of way line, 56 feet to the True Point of Beginning ofthe described line; thence North 270 15' West 117.84 feet to the Northwesterly line of Lot 1, Block 26 of the Plat of Navy Yard City; including portion of vacated McCall Boulevard and Highland 'Marion' Drive adjacent pursuant to Commissioners Journal Volume 7 Page 304 EXCEPT that portion conveyed to the State of Washington for SR304, SR3 interchange under Auditor's File No. 200509230391, records of Kit sap County, Washington. Tax Account No. 4600-026-002-0009 Lots 2 and 3, Block 26, Navy Yard City, as per plat recorded in Volume 3 of Plats, Page 75, records of Kitsap County, Washington; except 50 feet for road; including portion of vacated McCall Boulevard pursuant to Commissioners Journal Volume 7 Page 304 EXCEPT that portion conveyed to the State of Washington for SR304, SR3 interchange under Auditor's File No. 200509230391, records of Kitsap County, Washington. Tax Account No. 4600-026-004-0007 Lots 4 and 5, Block 26, Navy Yard City, as per plat recorded in Volume 3 of Plats, Page 75, records of Kitsap County, Washington; except 50 feet for road; and except South of Highway; including vacated portion of McCall Boulevard adjacent pursuant to Commissioners Journal Volume 7 Page 304. EXCEPT that portion conveyed to the State of Washington for SR304, SR3 interchange under Auditor's File No. 200509230391, records of Kitsap County, Washington. PARCEL #5 Tax Account No. 4600-021-001-0001 Lot 1, Block 21, Navy Yard City, as per Plat recorded in Volume 3 of Plats, Page 75, records of Kitsap County, Washington; including portion of vacated First Street and McCall Boulevard adjacent , pursuant to Commissioners Journal, Volume 7, Page 304. PARCEL #6 Tax Account No. 4600-009-035-0006 Lot 35, Block 9, Navy Yard City, as per Plat recorded in Volume 3 of Plats, Page 75, records of Kitsap County, Washington. Tax Account No. 4600-009-036-0005 Lots 36 through 40, Block 9, Navy Yard City, as per Plat recorded in Volume 3 of Plats, Page 75, records of Kitsap County, Washington; including portion of vacated First Street adjoining per Commissioners Journal Volume 7, Page 304; except portion of above lots and vacated street, per Volume 592, Page 376. EXHIBIT B Map of Property to be inserted EXHIBIT C RO\V dedication legal and map to be inserted EXHIBIT D Legal Description of Option Property PARCEL #3 Tax Account No. 222401-4-076-2002 Parcel I: portion of Government Lot 2, Section 22, Township 24 North, Range 1 East, W.M., described as follows: commencing at the concrete monument at the center of said Section 22; thence South 0049'53" West 1592.88 feet along said center line of said Section 22 to a point on the north margin of Navy Yard Highway; thence North 0049'53" East 41.18 feet; thence North 38012' East 141.90 feet on a line parallel with the margin ofsaid Navy Yard Highway; thence South 50022' East 25.01 feet to a point on the North margin of Navy Yard Highway; thence North 38012' East 22.38 feet along the margin of Navy Y ardHighway to the True Point of Beginning of the tract of land conveyed to Edwin S. Akins, by deed recorded under Auditor's File No. 527510; thence North 53002' West 45.01 feet; thence North 38012' East 24.00 feet; thence South 53002' East 45.00 feet, more or less, to the North margin of said Navy Yard Highway; thence Southwesterly along said Highway 24 feet, more or less, to the True Point of Beginning; together with the Northwesterly 15 feet of vacated Navy Yard Highway adjoining said tract. Parcel 2: that portion of Government Lot 2, Section 22, Township 24 North, Range 1 East, W.M., described as follows: commencing at the concrete monument at the center of said Section 22; thence South 0049'53" West 1592.88 feet along said center line of said Section 22 to a point on the North margin of Navy Yard Highway; thence North 0049'53" East 41.18 feet; thence North 38012' East 141.90 feet on a line parallel with the margin of said Navy Yard Highway; thence South 50022' East 25.01 feet to a point on the North margin on Navy Yard Highway; thence North 38012' East 22.38 feet along the margin of Navy Yard Highway; thence North 53002' West 45.01 feet; thence North 38012' East 24 feet; thence South 53002' East 45 feet, more or less, to the North margin of said Navy Yard Highway and the True Point of Beginning ofa tract ofland conveyed to Edward S. Akins by deed recorded under Auditor's File No. 538121; thence Northeasterly along said Navy Yard Highway 20 feet; thence North 53002' West 50 feet; thence South 38012' West 24 feet; thence South 53002' East 5 feet; thence North 38012' East 4 feet; thence South 53002' East 45.01 feet, more or less, to the True Point of Beginning; together with the Northwesterly 15 feet of vacated Navy Yard Highway adjoining. EXCEPT that portion conveyed to the State of Washington for right of way under Auditor's File No. 200502220147. DATE SUBMITTED: May 16,2007 AGENDA BILL CITY OF BREMERTON CITY COUNCIL BILL# 07-1SL 'c ........................................................................................ SUBJECT: Award Contract for SR 304 TI.P.; Navy Yard Highway Phase. 1JJ/c.~C-M~J Xhc... Committee Meeting Date: June I 1,2007 COUNCIL MEETING Date: June 20, 2007 Department: PW & U, Engineering Presenter: Michael Mecham Phone: 473.5288 SUMMARY: Scaled bids for construction of the project titled "SR 304 TI.P.; Navy Yard Highway Phase" were opened on May 22,2007. The engineer's estimate for construction of the project is $5,118,237.77. Two bids were received for this project. Ceccanti, Inc. was the lowest responsive, responsible bidder with a bid of $6,679, 111.18 (including sales tax) for the base bid and alternate bid items 1 and 2. ATTACHMENTS: 1. Council Summary; 2. Bid Tabulation. FISCAL IMPACTS (Include Budgeted Amount): There are two components to the project, the roadway work and a sanitary sewer line replacement in Charleston Beach Road. The roadway work is funded by the Washington State Nickel Fuel Tax, Kitsap County (K.C. Agreement # KCI05-97 Amendments 1&4), Washington State Department of Transportation (WSDOT Agreement # GCA 5178) and Kitsap Transit (Interlocal Agreement Dated 5/21/1997)). The sanitary sewer line replacement is funded by Kitsap County (K.C. Agreement # KCI05-97 Amendment 3). APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: COMMITTEE CHAIR COUNCIL PRESIDENT: ~~~~ . '~p? CONSENT AGENDA 0 GENERAL BUSINESS~ PUBLIC HEARING 0 RECOMMENDED MOTION: Move to award a contract for the base bid and alternates 1 and 2 in the amount of $6,679, 1 I 1.18 (including sales tax) with Cecannti Inc. for construction of the project titled "SR 304 TI.P.; Navy Yard Highway Phase" and authorize the Mayor to finalize and execute the necessary contract documents for construction. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action COUNCIL SUMMARY SR 304 T.I.P.; Navy Yard Highway Phase Contract Summary This contract provides for roadway widening of SR 304 from the SR 3/304 Interchange to the new Missouri Gate signal. Included in the widening will be a new westbound HOY lane. Striping and channelization for the HOY lane shall begin at the Naval Station Kitsap - Bremerton gate on Farragut Street. Included with these improvements shall be a landscaped center median with curb and gutter, removal of unneeded asphalt surfacing beyond the shoulder section and replacement with landscape plantings, new storm lines and restoration work to the existing stormwater outfalls, permanent signing, channelization, fencing and traffic control during construction and other work between SR 3 and the last phase of the SR 304 Project, Missouri Gate. The project will also reconstruct Charleston Beach Road (CBR) within Kitsap County on a new alignment, remove the existing concrete panel street, and replace with a new asphalt roadway, curbs, gutters, and sidewalks, storm drainage, water line, sanitary line, retaining wall, illumination, permanent signing, channelization, site grading, landscape planting, fencing and traffic control improvements. The contract to construct these improvements was developed as a base bid with three additive alternative bid items. These alternative bid items were: · Addition of street lighting along CBR. The original contract calls for only replacing the two existing standards at National and Webster along CBR. · Cleaning and lining of three storm outfalls along SR 304 that are used by the roadways and surrounding Navy Yard City community. If the area is annexed by the City, responsibility for maintenance of these lines will fall to the City. · Using pervious concrete for the sidewalks along CBR. Fiscal Summary The engineer's estimate for this project was $5,118,237.77, including all three alternative bid items. Two bids were received for the project from Ceccanti Inc., and Stan Palmer Construction for a total of $6,869,006.18 and $6,872,609.36 respectively. After review of available funding, there are sufficient funds to finance the base bid and first two alternative bid items. Ceccanti Inc. remains the low bidder at $6,679,111.18. The contract funding will be provided by a combination of funding sources including: I. Kitsap County Road Funds 2. Kitsap County Sanitary Sewer Funds 3. Kitsap County Storm Funds 4. WSDOT Maintenance Funds 5. Kitsap Transit 6. Washington State Nickel Gas Tax S210,440 $656,528 $ 46,629 $ 56,089 $250,000 $5,459,426 SR 304 T.IP; Navy Yard Highway Phase Council Summary Engineer's Estimate Stan Palmer Ceccanti TYPE OF ITEM SPEC NO. DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST WORK INSIDE STATE RIGHT OF WAY PREPARATION SID 1 MOBILIZATION l.S. I S2 11.92 1 75 S211,921.15 S230,000,00 S::!.JO,OVO.(K] 5175.000.00 5275.000.00 STD 2 CLEARING AND GRUBBING ACRE 0.82 5 I 0.000.00 58,200.00 SI2,OOO.OO $9,840.00 16.DOO.00 $4,no.no SP 3 REMOVAL OF STRUCTURES AND OBSTRUCTION l.S. I 15,500.00 S5.500.oo S75.000.00 575.000.00 Slno,Don.oo 5100,000.00 SP 4 . REMOVING ASPHALT CONC. PAVEMENT S.Y. 8.345 S8.00 166,760.00 15.00 $41.725.00 $7.00 S5B.4 i 5.00 SP S MODIFICATION TO GROUNDWATER MONITORING WELLS EACH II ISOO.oo .sS.500.00 $500.00 S5.:'ifJO.OO SI,OOO.OO $1 ].000,00 SP 6 ABANDON GROUNDWATER MONITORING WELLS EACH I $150.00 S150.00 S 1.000.00 51,000.00 S.'iOO.OO 5500.00 sp 7 SAWCUTT1NG l.F. 12,900 $2.00 S25,800.00 51.00 $25.800.00 SI.50 $1'J.]50.oo GRADING sm 8 ROADWAY EXCAVATION INCl. HAUL C.Y. 100 SIO.oo Sl,ooooo SSO.OO 55.000.00 S:W.t1Q $2.000.00 STD 9 UNSUITABLE FOUNDATION EXCAVATION INCl. HAUL C.Y, 100 515.00 SI,500.oo S60.oo 56,000.00 520.00 s'.ooo.on sm 10 GRAVEL BORROW INCl. HAUL TON 100 SIO.OO S 1,000.00 530.00 SJ.OOOJXJ 520.00 51.000.00 sm 11 EMBANKMENT COMPACTION CY. 1,500 53.00 $4,500.00 S4.00 S6.000.00 $1.50 '501.250.00 sm 12 QUARRY SPALLS TON 50 520.00 S 1,000.00 S40.oo 51,000,00 SH.()(J 11.750,00 I STORM SEWER STD 13 SOLID WALL PVC STORM SEWER PIPE 12 IN. DIAM. L.F. 926 sso.OO 546,300.00 S40.00 S37,040.oo $50,00 S4G..30fWO sm 14 SOLID WALL pve STORM SEWER PIPE 181N. DIAM. l.F. 518 560.00 S31,080.00 555.00 528.490.00 S6D.OO )]J,OHO.OO STD 15 SOLID WAll pve STORM SEWER PIPE 24 IN. DlAM. L.F. ]D S80.00 $26.640.00 S85.00 S28,3Q~.OO 595.00 $]1,635,00 sm 16 CITY SUPPLIED STORM SEWER PIPE 42 IN. DIAM. L.F. 111 S90.OO 519,080.00 S 120.00 515,440.00 Swo,OQ S2 I ,200,00 sm 17 SCHEDULE A STORM SEWER PIPE 48 IN. DIAM. L.F. 148 1150.00 522,100.00 S230,00 S34,040.00 $130.00 5:19.2.10.00 STD 18 CONNECTION TO DRAINAGE STRUCTURE EACH 3 5500.00 51,500.00 $1,000.00 $6.000.00 $400.00 $1.100.00 SID 19 CLEAN AND REPAIR CATCH BASIN P14.12 L.S. I 51,500.00 SI,SOO.OO 51,500.00 SI,SOO.OO 51.800.00 S I.RGO.OO SID 20 CATCH BASIN TYPE 1 EACH 13 51.000.00 S13,Ooo.00 5'lO0.00 511,700.00 S 1 ,CIOG,OO 513.00000 sm 21 CATCH BASIN TYPE 1 L EACH I 51,250.00 S 1.250.00 51.100.00 $1,100.00 51.100.00 SI.IOO,O(I STD 22 CATCH BASIN TYPE 248 IN. DIAM. EACH I 53,000.00 53.000.00 5),200.00 $1.100.00 S2,400.OO Sl.400.00 sm 23 CATCH BASIN TYPE 2 60 IN. DIAM. EACH 3 55,000.00 515,000.00 S6,000.00 S 18,000.00 S4, I 00.00 S 1 ~.JOU.oo STD 24 CATCH BASIN TYPE 2 72 IN. DIAM. EACH 4 57,000.00 528,000.00 515,000.00 560,000.00 57,400.00 529,600.00 STD 25 TESTING STORM SEWER PIPE L.F. 1.777 53.00 55,331.00 54.00 S7.I08,QO 55.00 $8,885.00 WATER UNES SP 2B 6 IN. IRRIGATION MAIN L.F. 2,750 $30.00 .582.500.00 530.00 5181,500.00 $30.00 582.500.00 STRUCTURE STD 27 SINGLE SLOPE CONCRETE BARRIER 60 INCH HEIGHT L.F. 543 $115.00 S67,875.oo $'20.00 5119,460.00 S1JO.oo 5114,R90.00 SURFACING STD 28 CRUSHED SURFACING BASE COURSE TON 1.850 $22.00 540,700.00 S30.00 555,500.00 518.OQ SH.300.00 ASPHALT CONCRETE PAVEMENT STD 29 PlANING BITUMINOUS PAVEMENT S.Y. 2,320 59.00 510.880.00 15.00 511,600.00 $4.00 SIJ,l!iO.OO sm 30 CRACK SEALING EST. 3,SOO 51.00 $3.500.00 11.00 $3.500.00 $1.00 $3.500.00 sm 31 HMA FOR PAVEMENT REPAIR CL. 112", PG 64-22 TON 400 $100.00 S40,OOO.00 SIO~.OO $41,000,00 $100.00 S40,()(};).OO sm 32 HMA FOR PRELEVELlNG CL 112", PG 64.22 TON 450 580.00 536,000.00 SRO.OO 536,000.00 S75.00 S)J.750.00 STD 33 HMA CL 112", PG 64.22 TON 6,000 580.00 5480,000.00 $67.00 S402.OO0.00 S65.00 S3lJO,OOO./JO BID TABULATION ClI)' of Brf'm.~n(J); Bid Tahulmfl1l/ NClI')' J'ard Hlghwuy P{w.~<! lof7 j/~~i07 Engineer's Estimate Stan Palmer Ceccanti TYPE OF ITEM SPEC NO. DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST . UNIT COST TOTAL COST UNIT COST TOTAL COST EROSION CONTROL AND PlANTING SP 34 TOPSOIL TYPE A C.Y. 3,395 525.00 584,.875.00 533.00 5112.035.00 535.00 51]IUi25.00 SP 35 BARK MULCH CY. 856 530.00 S25,680.ao 535.00 529.960,00 S35.aQ $29,960.00 STO 36 PSIPE 2 I". CALIPER (REO OAK) EACH 5 53<l0.00 51.500.00 $300.00 51.500.00 $300.1)0 51.500.00 STD 37 PSIPE '-112 IN. CALIPER (AMUR MAPLE) EACH 21 S200.00 $4.100.00 S250.00 55,250.00 $300.00 S6.300.00 STD 38 ,PSIPE '-1/2/N. CII.L1PER (CANADIAN SERVICEBERY) EACH 73 S300.00 $11,900.00 $250.00 SI8.250.oo SJOO .rX} $'21,900.00 STD 39 PSIPE 1.'/2 IN. CALIPER (TSCHONOSKII CRABAPPLE) EACH 37 .li250,00 59,250.00 $250.00 SIJ.150.OQ SJQU.!)() $1 !,JOO.OO STD 40 PSIPE '-'/2 IN. CALIPER (RED CASCADE MOUNTAIN ASH) EACH .... $300.00 SI3,lOQ.OQ S250.00 S ll,OOO.OO $.300.00 S [.l.~OO.OO sm 41 PSIPE 6-12 IN. HT. (COMPACT DREGONGRAPE) EACH 3.392 SIO.OO 533,920.00 511.00 537.312,00 SI().OO S33.920.oo STD 42 PSIPE 6.12 IN. HT. (GRO-LOW FRAGRANT SUMAC) EACH 3.392 510.00 S33,920.00 510.00 533.920.00 SIO.OO 533.920,00 STD 43 PSIPE 6.'2 IN. HT. (HANCOCK CORALBERRY) EACH 3,391 510.00 533.920.00 510.00 533.920.00 510.00 $l],9:!O,OO sm 44 INLET PROTECTION EACH 10 5100.00 51,00000 5SO.OO Sj()o.OO S75.OO 575(1,00 SP 45 TEMPORARY WATER POLLUTIONIEROSION CONTROL LS. 1.0 55,000.00 55,000.00 55.000.00 i5,000.00 $80.000.00 550.000.00 SP 46 TESC PlAN L.S. 1.0 53.000.00 i3.ooo.00 S500.OO 5:500.00 i500.00 5500.00 TRAFFIC SP 47 CURB AND GUTTER TYPE A.' L.F. 4,862 516.00 S77.792.00 $12.00 559,l44.00 S15.00 572,9JO.00 SID 48 PAINTED WIDE liNE L.F. 6.485 $0.50 $3,24" .50 $035 S2,269.75 so SO S3.2-1150 SID 49 PLASTIC WIDE LINE L.F. 6.485 53.50 512,697.50 11.00 56,481.00 SL.'iO ~l).717.SO SID 50 PAINT liNE L.F. 8,780 $0.25 $2,195.00 50.25 51,195.00 SO.30 S2,6J4.00 sm 51 PLASTIC CROSSWALK LINE S.F. 770 $3.00 $2,]10.00 54.00 iJ,aHO.DO $4.00 $3.0RlJ.OO sm 52 PLASTIC STOP LINE L.F. 125 S3.50 5437.50 16.00 5750.00 $i.OO 5875.00 STO 53 PLASTIC TRAFFIC ARROW EACH 3 5100.00 5300.00 5120.00 S36O.00 $]50.00 5450.00 STD 54 PLASTIC HOv LANE SYMBOL EACH 10 5100.00 11,000.00 5170.00 11,700.00 S2iO.OO S2.700,OQ STD 55 RAISED PAVEMENT MARKER TYPE , HUND 16.00 5300.00 54.800.00 $210,00 5J .36000 $270.00 S4.J20,OO STD 56 RAISED PAVEMENT MARKER TYPE 2 HUND 4.00 5450.00 $1,800.00 S310.00 $] .280.00 $290.00 Sl.I60.0U STD 57 SIGN BRIOGE NO.1 EACH I $]50,000.00 5150,000.00 5160,000.00 5160,OOO.rxl $100.000.00 S~OO.GOO,OO STD 5B CANTILEVER SIGN STRUCTURE NO.1 EACH I 580,000.00 580,000.00 575.000.00 575,000.00 575.000 00 575,000.00 sm 59 PERMANENT SIGNING L.S. I 5 I 0,000.00 510,000.00 513,000.00 513,000,00 SI5.00000 $l5,00{lOO sm 60 RESETTING IMPACT ATTENUATOR L.S. I 510,000.00 510.000.00 52.500.00 $2.500.00 $1.921.00 51.921.00 SP 61 REVISE ILLUMINATION SYSTEM L.S. I 520,000.00 510,000.00 SOO.OOO.OO 560,000.00 550,000.00 S50.000.00 TEMPORARY TRAFFIC CONTROL DEVICES sm 62 TEMPORARY PAVEMENT MARKING L.F. 24,000 SO.40 $9,600.00 SOAO SIJ,frOO.OO SO.40 SQ,600.00 STD 63 REMOVING TEMPORARY PAVEMENT MARKING L.F. 6,000 $0.20 $1.200,00 $0.25 51.500.00 50.70 S4~OO.OO sm 64 TRAFFIC SAlFETY DRUM. TYPE C EACH 210 160.00 S 12,600.00 1100.00 521.000.00 ,7500 515.750.00 STD 65 TUBULAR MARKER EACH 25 S20.00 5500.00 $SO.OO .$1.250.00 SI8.00 .5450.00 sm 66 SEQUENTIAL ARROW SIGN HOUR 1.000 54.00 54.000.00 515.00 S 15.000.00 51.00 S I ,000.00 sm 67 TEMPORARY TRAFFIC CONTROL OEVICES L.S. 1.0 55.000.00 $5.00000 57.500.00 $7,.500.00 s:w,ooo.oo s20,ooo.00 sm 68 TRAFFIC CONTROL LABOR HOUR 1.600 $35.00 556,00000 550.00 580.000.00 SH.50 S6] .600.00 SID 69 TRAFFIC CONTROL SUPERVISOR HOUR 1,200 544.00 1.51,800.00 556.00 567,200,00 S62.00 $74,400,00 STO 70 CONSTRUCTION SiGNS CLASS A S.F. 300 515.00 $4,500.00 520,00 56.000.00 $15.00 .$4.500.00 STO 7' PORT ABLE CHANGEABLE MESSAGE SIGN EACH 2 53.000.00 56,000.00 58,000.00 516,000.00 SR,OOO.!10 S 16.000,00 STO 72 OPERATION OF PORTABLE CHANGEABLE MESSAGE SIGN HOUR 1,200 $5.00 56.00000 58.00 59.600.00 .$1.00 $1.200.00 OTHER ITEMS sm 73 STRUCTURE EXCAVATION CLASS B INCL. HAUL C.Y. 3,113 515.00 546.695.00 530.00 59].390.00 S15,01) S77.815.(l0 sm 74 SHORING S.F. /2,807 $2.00 515,614,00 $4.00 551.228.00 51.00 512.807.00 BID TABULATION Cit)' oj R"~mcn(m Bid Tabulatioll Nal:I' rard l{,g"lI't~ll PIli/Sf: Jof7 5C}/07 Engineer's Estimate Stan Palmer Ceccanti TYPE OF ITEM SPEC NO. DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST STD 75 GRAVEL BACKFILL FOR PIPE ZONE BEDDING C.Y. 100 $'0.00 S2,000.00 SlJ 00 S3.JOO.OO s::!o.oo s.:'.ooo,oo sm 76 BANK RUN GRAVEL FOR TRENCH BACKFILL C.Y. 431 $15.00 $6.465.00 $25.00 $10.775.00 $10.00 $,8,6.20.00 STD 77 PLUGGING EXISTING FIPE EACH 9 $200.00 51.800.00 $450.00 54,050.00 SIOO,OO 1.400.110 SP 78 MONUMENT CASE. COVER, AND PIPE EACH 3 5500.00 51.500.00 1350.00 $],050.00 $350.00 51.0S0,DO STD 79 COATED CHAIN LINK FENCE TYPE 6 L.F. 2.400 535.00 .84.000.00 51600 S38.4OO.00 $35.00 $84,000.00 STD 60 COATED END. GATE, CORNER. AND PULL POST FOR CHAIN LINK EACH 15 1150.00 S2,250.00 5150.00 $2,"50.00 $:]40.0') S::!.ltY.l.OO SP 81 ADJUST VALVE BOX EACH 10 s:wo.oo $2.000.00 S200.00 $1,000.00 snc.oo 52.200.00 SP 82 ADJUST WATER METER BOx EACH 10 S.,OO,OO Sl.ODO.DO S200.00 $2,000.00 5220,00 S2,2DO.OO SP 83 ADJUST MANHOLE EACH 10 S100.00 51,000.00 5250,00 52,500.00 5350.00 S3.500.00 SP 84 ADJUST MANHOLE. NON-STANDARD EACH 10 5600.00 56.000.00 515.00 S15O.0D SCJOO.I}(} ),9,000.00 SP 85 ABANDON EXISTING MANHOLE EACH 10 5500.00 55,000.00 5400.00 $4.000.00 $400.00 ~.IJOO.OO STD 86 ROADSIDE CLEANUP EST. I 51.000.00 51.000.00 51.00000 51.000.00 $1.or.lJ.OO 5I,DOD,OO STD 87 SPCC PlAN L.S. I 55.000.00 55.000.00 5500.00 5500.00 S500.00 $500,00 STD 88 CONTAMINATED GROUNDWATER DISPOSAL EST. I 51.00 51.00 ROO SI.00 .1.00 $L.OO STO 89 CONTAMINATED SOIL EXCAVATION INCL. HAUL EST. I 51.00 SI.OO $1.00 $1.00 ~1,OO SI.OO sm 90 TRIMMING AND CLEANUP L.S. I 5:2.500.00 52.500.00 52,000.00 51,000.00 516,000.00 S 16,000.00 STD 9, REIMBURSEMENT FOR THIRD PARTY DAMAGES EST. 1,000 51.00 51.000.00 51.00 S 1,000.00 $1.00 SI,fJOO.OO STD 92 MI NOR CHI-NGE CALC. I 11.00 51.00 51.00 $1.00 SI.no SI.0iJ r-- Subtotal $2,331,133.75 $2.557.314.75 $2.582.385.00 State Retail Sale Taxe (8.6%) $200,477.50 $220.789.07 5230.585.11 r-- Total $2531 611.25 $2.788.103.82 52.913.070.11 WORK OUTSIDE STATE RIGHT OF WAY PREPARATION sm 93 MOBILIZATION L.S. I $158.576.30 $158,:576.30 $250.000.00 $250,000.00 $350.000.00 S350,000.00 sm 94 CLEARING AND GRUBBING ACRE 1.20 $10.000.00 512.000.00 $12.000.00 i 14,"00.00 $6.000.00 $7,200.00 SP 95 REMOVAL OF STRUCTURES AND OBSTRUCTION L.S. I $10.000.00 S 1 0,000.00 535.000.00 SilS,OOO.OO $25.000.00 S2,S,00Q,OlJ SP 96 REMOVING CEMENT CONGo PAVEMENT S.Y. 4,457 $12.00 553,484.00 $15.00 166.855.00 $7.00 Sll.J~llOO SP 97 REMOVING ASPHALT CONC. PAVEMENT S.Y. 3,309 510.00 $33,090.00 55.00 $16,545.00 57.00 S23,163.00 SP 98 REMOVING CEMENT CONGo SlAB S.Y. 1.675 $6.00 5 10.050.00 520.00 533,500.00 sa.OO S 13,400 00 SP 99 MODIFICATION TO GROUNDWATER MONITORING WELLS EACH 3 5500.00 51,50000 5500.00 51,500.00 51,000.00 53.000,00 SP 100 ABANDON GROUNDWATER MONITORING WELLS EACH 6 $150.00 5900.00 11,000.00 56.000.00 5SOO00 53.000.00 SP 101 SAW CUTIING LF 400 $").00 1800.00 12.00 5800.00 5/.50 SWO.OO GRADING STD t02 ROADWAY EXCAVATION INCL. HAUL C.Y. 1.900 $10.00 519.000.00 535.00 $66,500.00 520.00 SB,QOO,OQ sm 103 UNSUITABLE FOUNDATION EXCAVATION INCL. HAUL C.Y. 200 $15.00 53.000.00 $45.00 59.000.00 520.00 $.I.nOlJ.1JIl sm 104 EMBANKMENT COMPACTION C.Y. 1.700 $3.00 55.l00.00 $4.00 56,800.00 51.50 $2,550.00 STD 105 COMMON BORROW INCL. HAUL C.Y. 750 $15.00 511,250.00 $25.00 118.750.00 515.00 511,25000 STORM SewER STD 106 SOLID WALL PVC STORM SEWER FIPE 4 IN. DIAM. L.F. 20 $35.00 $700.00 $34.00 S680,OO 530.00 5600.00 sm 107 SOLID WALL PVC STORM SEWER PIPE 8 IN. DIAM. L.F. 313 535.00 510.955.00 $38.00 SII,894,00 540.00 S 11,5~O.OO STD lOB SOLID WALL PVC STORM SEWER PIPE 121N. DIAM. L.F. 1.227 S50.00 561,350.00 $42.00 551,534.00 SSO.OO S61,35000 STD 109 SOLID WALL PVC STORM SEWER PIPE 181N. DIAM. L.F. 482 $60.00 528.9'0.00 557.00 527.474.00 SUO.OO S28,920.00 STD 110 SOLID WALL "VC STORM SEWER PIPE 24 IN. DIAM. L.F. 97 $80.00 S7,760.00 $68.00 S8.:136.0I1 595.00 S~,2] 5.00 STD 111 CITY SUPPLIED STORM SEWER PIPE 421N. DIAM. L.F. 246 590.00 S21,140.oo 5120.00 $19,510.00 5100.00 S~..j,600 00 sm 112 SCHEDULE A STORM SEWER PIPE 48 IN. DIAM. l.F. 209 $150.00 531,350.00 $240.00 S5O,160.00 5130.00 s,n,i70.110 sm 113 CONNECTION TO DRAINAGE STRUCTURE EACH 3 5500.00 51.500.00 ~2,OOO.OO 56,000.00 $400.00 Sl,2Ot.i.QO sm 114 CATCH BASIN TYPE 40 EACH 2 $500.00 $1.200.00 saOO.OO 51.600.00 $900.00 )J .800.00 BID TABULATION Cir)' of RrC'l1/crtOlI Bid Tabulaliol! .\'01:1' ford Urs/nm.l' Pilau Jof7 5/lJ,'07 Engineer's Estimate Stan Palmer Ceccanti "TYPE O~ ITEM SPEC ~O. DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST STO 115 CATCH BASIN lYPE 1 EACH 13 51,000.00 in,aoo.oo S950.OO $12.350.00 S1.0OO.00 SI3.DOO.O~J STD 115 CATCH BASIN lYPE lL EACH 4 $1.250.00 55,000.00 S1,160.oo 54,640.00 $1,100.00 $4.400.00 STD 117 CATCH BASIN lYPE 2 46 IN. DIAM. EACH 3 $3,000.00 SIJ,OOO.OO $2,300.00 S6. 90000 52.400.00 57.200.00 STO 118 CATCH B,\SIN lYPE 2 72 IN. DIAM. EACH 4 $7,000.00 S28.000,00 $15,500.00 562,000.00 S4,100.oo S I 60400.00 STD 119 TESTING STORM SEWER PIPE L~. 2,119 $3.00 $6,357.00 S4.00 $R.476.00 $5.00 SlO.;';9~.l\l WATER SP 120 DUCTILE IRON PIPE FOR WATER MAIN BIN. DIAM LF. 1.200 S45.00 S54.000.00 $55.00 566.000.00 seo.OO SlJ6.00ILOD 5P 121 ADJUST VALVE BOX EACH 10 $150.00 $1,500.00 5200.00 $2,000.00 $220.00 $2.200.00 SP 122 ABANDON EXISTING SERVICE EACH 14 $100.00 51,400.00 5200.00 S",800,00 $600.00 58,400,00 SP 123 ADJUST WATER METER BOX EACH 3 5150.00 10450.00 5700.00 52.100.00 $600.00 SI.800.00 S10 124 RELOCATE AND ADJUST WATER METER EACH 21 5250.00 55,250.00 $500.00 S I n,5n().oo saso.oo St7,R50,OO 510 125 EXTEND AND RECONNECT EXISTING FIRE HYDRANT EACH 3 $1,500.00 54.50000 51,500.00 S4.500.00 51.200.00 $3,(100.00 510 126 NEW FIRE HYDRANT EACH 1 $1,500.00 53,000.00 $5,000.00 510.000.00 S4,5oo.00 $9,000 00 STRUCTURE STD 127 SHAFT - 3'.0" DIAMETER L.F. 613 $85,00 S52.955.oo $200.00 $124.600.00 $150.00 S93.45G.QO STD 126 ~URNISHING SOLDIER PILE .W24X62 L.F. 140 $130.00 S]I.200.00 $60.00 S ]4,400.00 555.00 51J,200.00 STD 129 FURNISHING SOlDIER PILE. W24X117 L.F. 236 5140.00 S]J,040.00 $110.00 115,960.00 $95.00 S12,4~OJ).J STD 130 FURNISHING SOlDIER PILE" W24Xl92 L.F. 366 $150.00 554,900.00 $160.00 S58.56O,00 5150.00 S:5.I.900.00 STD 131 TIMBER LAGGING MBM 11.5 $2,500.00 521l, 750.00 $3,300.00 S37,950.00 S4,2oo.00 548,300.00 STD 132 PREFABRICATED DRAINAGE MATERIAL S,Y. 315 520.00 56,500.00 $9.00 $2,925.00 $35.00 $11375.00 STD 133 CONCRETE FASCIA PANEL S.~, 2,960 $35,00 5103,600.00 $70.00 $207.200,00 568.00 S:!O f .280.00 STD 134 GRAVEL BACKFILL FOR WALL C.Y, 600 $28.00 516,800.00 $33.00 S 19.800.00 520.00 S 12.000.00 SP 135 REMOVING SOLDIER PILE SHAR OBSTRUCTIONS EST, I 51.00 51.00 $1.00 SI.OO 51.00 SI.OO SURFACING STO 135 CRUSHED SURFACING BASE COURSE TON 3,440 $22.00 575,68000 $31.00 5106.640.00 $18.00 S61,QiO.OO CEMENT CONCRETE PAVEME~T SP 137 CEMENT CONC. APPROACH 3 DAY S.Y, 370 530.00 Sill.l00.00 $'15.00 516.(150.00 545.00 $16.650.00 ASPHALT CONCRETE PAVEMENT STO 136 PI.ANING BITUMINOUS PAVEMENT S,Y, 170 59.00 $1,530.00 5:5.00 S850.0n i.LOO S6:iU.OU STD 139 HMA FOR PAVEMENT REPAIR CL. 112", PG 64-22 TON 40 5100.00 $4,000.00 $106.00 $4.240.00 $100.00 $4,000.00 SlO 140 HMA FOR APPROACH CL, 112", PG 64-22 TON 22S $100.00 $22.500,00 5100,00 S22,500.QO 5100.00 $11.5f:lO.DO 510 141 HMA CL. 112", PG 64.22 TON 2,100 $80.00 5168,000.00 566.00 S 141.800.00 $65.00 SIJ6.500.QO EROSION CONTROL AND PLANTING SP 142 SEEOJNG AND FERTILIZING S.Y. 4.104 $1.00 $4,104.00 $0.50 52,051.00 50.70 s.!,gn.~jIJ SP 143 TEMPORARY WATER POLLUTION/EROSION CONTROL loS, 10 5S,OOO.00 $5,000.00 $8,000.00 58,000.00 535,000.00 )35.000.00 SP 144 TESC PLAN L.5. 1.0 $3,000.00 53,000.00 $500.00 5500.00 5500.00 5500.00 TRAFFIC SP 145 CURB AND GUTTER TYPE A-1 l.F. S,300 $16.00 S84.800.00 $13.00 568.900.00 515.00 S 79.500.00 STD 146 PAINT LINE loF, 5,600 50.50 $1,800.00 $0,25 51,'100.00 SO.3D SI.bHO,l)O STD 147 PLASTIC STOP LINE LF. J<J 55.00 5150.00 56.00 $180.00 SUI>) S21O.00 STD 148 PERMANENT SIGNING loS, I 510,000.00 510.000.00 515,000.00 515.000.00 525.000.00 )25,000.00 SP 149 PRIMARY ILLUMINATION SYSTEM loS. I 555,000.00 S55,OOO.00 S2OO.000.00 $200.ooo.0D 5210.000.00 S.:! 10.000.00 SP 150 TRENCHING AND RESTORATION ~OR UTILITY UNDERGROUNDI~ L.S. 1 Sl5,OOO.00 Sl5.oo000 SIOO.OOO.OO SIOO,ooo.OO S150.000.00 $250,000.00 I BID TABULATION Cj~,. of Bro'/!Il't':mt Bid TahldaliOI1 ^',:ll:l' J'ard Hlg'rU'(~l' Plras.: 40f7 51::]/07 Engineer's Estimate Stan Palmer Ceccanti T'lPE OF ITEM SPEC NO. DESCRIPTION UNIT aUANTITY UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST SP 151 CONDUIT PLACEMENT LS. I 540,000.00 $40,000,00 575,000.00 S75,000.00 $]0,000.00 S30,OOJ 00 I SP 152 1649 CBR . SINCLAIR L.S. I $1.500.00 51,500.00 $10,000.00 S I 0,000.00 i2,400.OO S2.400,00 SP 153 1643 CBR. FLORES LS. I $1,500.00 S 1.500.00 $10,000.00 S10,000,OO 52,400.00 S:!AOO 00 SP 154 1639 CBR - HOLLAWAY LS. I S I ,500.00 $1.500.00 S 10,000.00 SIO,OOO.OO ).:?4lJtJ.OO .$2.400.00 SP 155 1634 CBR - DALLAS LS. I S 1,500.00 $1,500.00 $10,000.00 S lO,OOD.OO 52.400.00 SlAoo,no SP 156 1621 CBR - ALBERTSON LS. I 51,500.00 $1,500.00 $ I 0,000.00 $10,000.00 S2.4QD,OO 52.400.00 SP 157 1615 CBR. SURBER L.S. I 51,500.00 $1,500.00 .$ t 0,000.00 $10.000.00 52.400.00 $2.400.00 SP 158 1611 CRR - MASON LS. I SI,500.00 $1.500.00 lilO,ooO.OO S I 0,000.00 S::!,4QO.OO $2.40000 SP 159 1609 CBR. L.S. I 51.500.00 S 1.500.00 5 I 0,000.00 $10,000.00 $1,40000 S2,400.00 SP 160 1555 CBR - DAVIS LS. I $1,50000 SI.SOD.DO S I 0,000.00 510,000.00 S2,400.00 111.400,00 SP 161 1549 CBR. HATHCOCK LS. I 5r,500.OO $1,500.00 S 10,000.00 510,000.00 52.400,00 $2,401]0{} SP 162 PUMP STATION LS. 1 SI,SOO.OO $ 1.500.00 S40,00000 540,000.00 S2AOOJ)(} S2,4OO,00 SP 163 304 SIGNAL AND ILLUMINATION. MISSOURI GATE LS. I 5 I ,500.00 $1,500.00 SSO,ooO.OO 560.000.00 575.000.00 $75,000.00 TEMPORARY TRAFFIC CONTROL DEVICES sm 164 TYPE III BARRICADE EACH 3 $200.00 $600.00 $200.00 $6(KlOO 5150.00 $450.00 sm 165 TEMPORARY TRAFFIC CONTROL DEVICES LS. 1.0 $5,000.00 55,000.00 SS,OOO.OO $5.000.00 $20.000.00 120,000.00 STD 166 TRAFFIC CONTROL LABOR HOUR 800 SJ3.00 $26,400.00 $50.00 S40.000.00 S38.50 nO.800,00 STD 167 TRAFFIC CONTROL SUPERVISOR HOUR 1.200 $40.00 $48,000.00 556.00 S67,2oo.00 S62.CtO .$74,4{)O,00 sm 166 CONSTRUCTION SiGNS CLASS A S.F. 500 520.00 510,000.00 $20.00 SI0,000.00 S15.00 $7,500.00 OTHER ITEMS STO 159 WATER mGAL 50 $40.00 52,000.00 $50.00 51,500.00 530.00 SI.5i){}.OO STO 170 STRUCTURE EXCAVATION CLASS B INCL. HAUL C.Y. 2,]74 $15.00 532,610.00 530.00 $65.120.00 525.00 55.U50.OO STO 171 SHORING S.F. 7.562 52.00 SI5,124.00 $4.00 530.248.00 S1.00 $7,552.00 STD 172 GRAVEL BACKFILL FOR PIPE ZONE BEDDING C.v. 100 $20.00 S2.000.00 $40.00 S4.OOO.00 S20.oo 52.000.00 sm 173 BANK RUN GRAVEL FOR TRENCH BACKFILL C.Y. 544 $15.00 58,160.00 S28.00 515.232.00 $1000 '1Il,IiRO.on sm 174 CEMENT CONC. SIDEWALK S.Y. 2,530 $25.00 $63,250.00 $35.00 $88.550.00 535.00 SK8,550.OG sm 175 CEMENT CONC. SIDEWALK RAMP TYPE 1A EACH 7 $1,SOO.00 S I 0,500.00 $1,000.00 S7,OOO,00 $1,000.00 57.000.00 STD 176 CEMENT CONC. SIOEWALK RAMP TYPE 2A EACH 4 $1,SOO.OO 56,000.00 51,000.00 $4,000.00 $1,000.00 $4,000.00 SP In MONUMENT CASE, COVER, AND PIPE EACH IJ 5500.00 55,500.00 5350.00 $3,850.00 $350.00 S3.H5n.oo STD 178 COATED CHAIN LINK FENCE TYPE 6 LF. 200 $20.00 $4.000.00 S15.00 53.200.00 $35.00 s7,ooo.00 sm 179 COATED ENO, GATE, CORNER. AND PUlLPOST FOR CHAIN LINK EACH 6 $100.00 5600.00 5150.00 $l}On 00 $150.00 S900.OU STD 180 MAILBOX SUPPORT, TYPE 2 EACH 4 $400.00 51,600.00 5250.00 $1,000.00 $450.00 S 1.800,00 STD 181 ROADSIDE CLEANUP EST. 1.000 51.00 $1,000,00 $1.00 $1,000.00 $1,000.00 SI.oflO,o\) STD 182 spec PLAN L'S, I $5,000.00 S5.000.00 $500.00 ssoo.OO $500.00 S500.00 STD 183 CONTAMINATED GROUNDWATER DISPOSAL EST. I 51.GO S1.00 $1.00 S1.OO SI.oo Sl.(}O sm 184 CONTAMINATED SOIL EXCAVATION INCL HAUL EST. I $1.00 51.00 $1.00 $1.00 SI.00 \1.0i) STD 185 TRIMMING AND CLEANUP LS. I 51,50000 SI,500.00 $2,000.00 51,000.00 516.000.00 $16.000,00 SP lB6 WOOD STAVE PIPE REMOVAL LF. 600 510.00 S6.OO0.00 SP.OO 57,200.00 S2,00 S 1.200.00 STD 187 REIMBURSEMENT FOR THIRO PARTY DAMAGES EST. 1,000 51.00 51,000.00 $1.00 5L,000.00 $1.00 $01,000.00 5TD lBB MINOR CHANGE CALC I S1.00 S1.00 51.00 51.00 S1.OO 51.00 STD lB9 PLUGGING EXISTING PIPE EACH 20 S2OO.00 $4,000.00 51.00 Sino 51.00 SI.OO f--- Total 51,744,339.30 $2 721 826.00 52.847,766.80 SANITARY SEWER WORK FOR KITSAP COUNTY SANITARY SEWER I 190 MOBILIZATION TLS. I S 31,500.00 S3 I ,500.00 $ 10,000.00 SIO,OOO.OU S 35.000.00 SJ5,OOO.GO BID TABULATION City of iJn::Tlunc:m Bid T abu/miOlI ,\'ell:r fari' HI~~ltll(}.l' Pha!e 50f7 j/~:!/Oi EnQineer's Estimate Stan Palmer Ceccanti I TYPE OF ITEM SPEC NO. OESCRIPTlON UNIT QUANTITY UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST 191 PVC SANITARY SEWER PIPE B-in OIAM. l.F. 1,193 $ 52.50 $62,632.5 $ 75.00 589,475.00 S 80.00 595.4';0.00 192 PVC SANlrA.RY SEViER PIPE 12-fn D1AM. l.F. 1,475 S 78.75 $116,156.2 $ 90.00 $131.750,00 $ 90.00 ~132.i5il,OO 193 PVC SANITARY SEWER PIPE 1 B-In DIAM. l.F. 103 5 94,50 59,733.5 $ 200.00 520,CrOO.OO 5 100.00 SID.JOQ.OO 194 SIDE SEWER CONNECTION, 6.;n PVC, BETWEEN MAJN AND PRO l.F. 494 $ 42.00 $20,748.0 $ 65,00 I;n.IIO.OO $ 130.00 564,220.00 195 5101' SEWER CONNECTION, 8.in PVC, BETWEEN MAJN AND PRO l.F, 33 5 42.00 51,386.0 $ 75.00 Sl,475.00 $ 100.00 13,300.00 196 SIDE SEWER CONNECTION, 4.;n PVC, OPEN TRENCH ON PRNAT l.F. 110 $ 31.50 $3,465.0 $ 60.00 Sb,600.[JO . 120.00 S iJ,:mo.oo 197 TESTING SEWER PIPE l.F. 3,389 . 2.00 56,778.0 $ 4.00 SIJ.556.00 S 5.00 Si6,9.:5.00 198 POTHOLE SIDE SEWER EACH 46 $ 150.00 56,900.0 $ 400.00 ~lg.400.00 S 500.00 S23,OOO.OO 199 SEWER CLF.ANOUT EACH 25 $ 250.00 56,SOO.O $ 250.00 56.500.00 S 2SO.00 $6.500.00 200 TEMPORARY SEWAGE 8YPASS PUMPING l.S. 1 $ 5,000.00 55,000.0 $ 98,000.00 598,000.00 S 15,000.00 S 15,00000 20, MANHOLE 48 IN. OIAM. TYPE 3 EACH " $ 3.000.00 533,000.0 $ 3,000.00 SB,OOO.OO $ 5,000.00 555.000.00 202 STRUCTURE EXCAVATION CLASS 8 C.Y. 3.250 $ 10.00 532.500J: $ 28.00 S91,OOO.00 $ 25.00 SBi.25000 203 STRUCTURE EXCAVATION CLASS 8INCl. HAUL C.V. 500 $ 21).00 $10.000. $ 35.00 517,500.00 $ 25.00 S 12,500.00 204 SHORING OR EXTRA EXCAVATION CLASS 8 S.F. 25,523 $ 1.SO $38.284-:! $ 4.00 5102,092.00 $ 1.00 525,523.00 205 BANK RUN GRAVEL FOR TRENCH BACKFILL C.V. 257 $ 20.00 $5.140.0 5 25.00 56.425,00 $ 20.00 S5,1-I0.00 206 PLUG EXISTING PIPE EACH 20 $ 50.00 $1.000.0 $ 450.00 59,000.00 . 100.00 51.000.00 207 UNSUITABLE FOUNDATION EXCAVATION INCl. HAUL C.V. 51 $ 20.00 $1.020.0 $ 50.00 52.550.00 $ 20.00 S 1.020.00 SP 208 ADJUST EXISTING MANHOLE EACH 1 $ J5D,00 5350.0 $ 250.00 S150,OO S 350.00 S35O,00 SP 209 ADJUST EXISTING MANHOLE - NON-STANDARD EACH 1 $ 500.00 5500.0 5 1,SOO.00 SI,500.00 . 900.00 SQOI1OO SP 210 REMOVE EXISTING MANHOLE EACH 16 $ 900.00 514.400.0 S 1.000.00 $16,000.00 5 250.00 $4,000.00 I SP 211 WOOD STAVE PIPE REMOVAL l.F. 600 $ 20.00 $12.oooJ: $ 12.00 57,200.00 $ 2.00 S 1.200,00 Subtotal $418.993.75 $716.983.00 5604.538.00 I State Retail Sale Tue 8.6% $36.033.46 $61.660,54 $51,990.27 Total $455.027.21 $n8,643.54 5656.528.27 ALTERNATE 810 ITEMS SP A1 ADDITION OF 14 LIGHT STANDARDS l.S. 1 5 110,000.00 5110.000.0 $ 158.000.00 5158.000.00 5 164,725.00 )164,i25.oo S? A2 36 INCH OUTFALL REPAIRS AND LINING LS. 1 $ 65.000.00 $65.000.0 $ 122,000.00 SI11,OOO.OO S 107.400.00 ) Hli..mO.Oo1 SP 28 INCH OUTFALL REPAIRS AND LINING L.S, 1 $ 100.000.00 $100.000.0 $ 100.000.00 SIOO,OOO,OO $ 81,600.00 S8l,tJOO,QO SP 30 INCH OUTFALL REPAIRS AND LINING LS. 1 $ 45.000.00 $45.000.0 $ 104,000.00 SI04,OOO.OO $ 84,SOD.OO S84.500.00 I State Retail Sale Tue (8.6%) $18.060. $28.036.00 523,521.00 r I SP A3 PERVIOUS CEMENT CONCRETE SIDEWALK I S.Y. 2.530 $ 15.00 $37.9SO.0( 5 20,00 550.600.00 $ 71.50 )IRO,~1}5.o.1 i SP GRAVEL BACKFILL FOR PERVIOUS SIDEWALK I C.V! 4SO $ 25.00 $11.250:0< S 48.00 S21.600.00 $ 20.00 sq.[)oa.oo Subtotal $387,260.00 $584,236.00 $651,641.00 Group 1 Subtotal $2,531,611.25 $2,788,103.82 $2,913,070.11 Group 2 Subtotal $1,744,339.30 $2,721,626.00 $2,647,766.80 Group 3 Subtotal $455,027.21 $778,643.54 $656,528.27 Alternates Subtotal $387,260.00 $584,236.00 $651,641.00 Contract minus Alternate 3 $5,069,037.77 $6,800,409.36 $6,679,111.18 Contract minus Alternate 2 & 3 $4,840,977.77 $6,446,373.36 $6,382,090.18 Contract minus all Alternates $4,730,977.77 $6,288,373.36 $6,217,365.18 Contract Total $5,118,237.77 $6,872,609.36 $6,869,006.18 BID TABULATION Ci~I' of Brr11lcI"lon Rid Tabl/lorion NUI'Y Yard Ifjgln''O..l' f'fUJR' 60f7 Jil]/OJ lLJ V) ~ =c Q >- ~ =c ~ -- =c a Q: ~ >- ~ ~ :2: o Q c o '- -+-.J (j Q) (J) ~ Q) -+-.J C - '" Q) -+-.J o C)2:: o .~ ~ ~ olLJ (J) ~ ~ .~ lLJ 0 ~Q:u oCtJQ -+-.JLL~ Q)O~ OJ >- - c~~ 0_ -cu (j ~ Q) -+-.J .. c - .. ---:~ ~C) ~ ~~ OQ: ~lr) Q: V) c:: o "- ...... o CD ~ ~ c:: - ~ ctS (!) CD 0) c:: ctS ..c: ~ CD ...... c:: - ~ a ~ CV) 0: (1) "i:: ::J o CJ) CJ) ~ DATE SUBMITTED: BILL #__QJ~J_5_;l___ AGENDA BILL CITY OF BREMERTON CITY COUNCIL 7A Im..m..........gg...a......mm.a..aa.mmaggUB.ammmam.aQ.....aa..a...am....a..aa...a.GDm.a. SUBJECT: Public Hearing and Ordinance No 50 15 amending BMC Chapter 17.04 Buildings and Construction, Chapter 17.56 Certificate of Occupancy, and Chapter 3.01 Community Development - Rate Table C. Committee Meeting Date: June 11,2007 COUNCIL MEETING Date: June 20, 2007 Department: DCD Presenter: JoAnn Vidinhar Phone: 473-5297 SUMMARY: The action before the Council is to conduct a public hearing and adopt Ordinance No. 50/5 amending BMC Chapter 17.04 to repeal the adoption of the 1997 Uniform Housing Code and Uniform Code for the Abatement of Dangerous Buildings, and adopt the 2006 editions of the International Building Code, International Residential Code, International Mechanical Code, International Property Maintenance Code, International Fuel Gas Code, and the Uniform Plumbing Code, as amended by the Washington State Building Code Councilor published by the International Code Council; and in addition make several housekeeping amendments to Title 17 and Title 3 Revenue and Finance - Rate Table C relative to the code adoption. ATTACHMENTS: A. Staff Memorandment with Attachment I B. Ordinance No. 5015 FiSCAL IMPACTS (Include Budgeted Amount): None APPROV ALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: COMMITTEE CHAIR COUNCIL PRESIDENT: ~ V~ l CONSENT AGENDA~]} ( - - GENERAL BUSINESS 0 PUBLIC HEARING RECOMMENDED MOTION: Move to pass Ordinance NO..29J2 to amend BMC Chapter 17.04 Buildings and Construction, Chapter 17.56 Certificate of Occupancy, and Chapter 3.01 Community Development - Rate Table C. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action ...a...... '-,vrc;;lY-I;,;Q,~'r.:.1\;,1.'- Subject: Proposed Building Code Amendments SUMMARY The Washington State Building Code Council voted to adopt the 2006 Editions of the International Building Code, International Residential Code, International Mechanical Code, International Fuel Gas Code, International Property Maintenance Code, and the Uniform Plumbing code. This adoption by the State of Washington, applies to all cities, including the City of Bremerton, effective July 1,2007. This action repeals the 2003 edition of these Codes and provides for housekeeping amendments to various Bremerton Municipal Code (BMC) provisions to reference the code changes, including changes to BMC Title 3 - Rate Table C and BMC Title 17, Building and Construction. The Department will give the Committee Presentation on June 11, 2007 with the public hearing scheduled for June 20,2007 for an adoption date effective July 1,2007. Following this memorandum in Attachment I is an amendment narrative which contains a summary of each of the proposed changes. Attachment I Amendment Narrative Proposed Building Code Amendments I. Amendment to BMC 17.04.020 (State Building Code-Adoption) Purpose: To adopt the newest editions of the various building codes as mandated by the State Building Code Councilor as published by the International Code Council. These Codes include the International Building Code, International Residential Code, International Mech,Ulical Code, Uniform Plumbing Code, International Property Maintenance Code. and the International Fuel Gas Code. 2. Amendment to BMC 17.04.030 (Code Conflicts) Purpose: With the adoption of the 2006 codes, there are two less codes, thus "j" changes to "h". 3. Amendment to BMC 17.04.050 (Automatic Sprinkler Systems) Purpose: To repeal this section as it is covered in BMC Title 18, Fire Code. 4. Amendment to BMC 17.04.060 (Fire Alarm and Detective System) Purpose: To repeal this section as it is covered in BMC Title 18, Fire Code. 5. Amendment to BMC 17.04.070 (Elevators and Conveying Systems) Purpose: To repeal this section as it is covered in the 2006 International Building Codes, adopted herein. 6. Amendment to BMC 17.04.110 (Uniform Housing Code) Purpose: To repeal this section and replace it with the International Property Maintenance Code (IPMC) and allow for the local amendments. The local amendments are necessary as there are cont1icts between the IPMC and other City Codes (BMC ] .04 Code Enforcement, BMC 2.13 Administrative Hearing Examiner, BMC 6.04 Garbage and Refuse, BMC 9.]4 Nuisance Vegetation, and BMC 20.02 Project Permits). 7. Amendment to BMC ] 7.04.120 (Abatement of Dangerous Buildings) Purpose: To repeal this section as it is covered under the IPMC, adopted herein 8. Amendment to BMC 17.56 (Certificates of Occupancy) Purpose: To repeal this section as it is covered in the 2006 International Building Codes, adopted herein 9. Amendment to BMC 3.01 (Rate Table C) Purpose: To amend the Rate Table consistent with the code adoption and eliminate a base cost for tence permits (housekeeping from Ordinance 5(08). 6/5/2007 ORDINANCE NO. 5015 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Title 17 of the Bremerton Municipal Code (BMC) to repeal the adoption of the 1997 Uniform Housing Code and Uni form Code for the Abatement of Dangerous Buildings, and adopt the 2006 editions of the International Building Code, International Residential Code, International Mechanical Code, International Fuel Gas Code, International Property Maintenance Code, and the Uniform Plumbing Code, as amended by the Washington State Building Code Councilor published by the Illternational Code Council; and in addition make several housekeeping amendments to BMC Title 17, Building and Construction and BMC Title 3 Revenue and Finance -Rate Table C. WHEREAS, as set forth in Title 17 of the Bremerton Municipal Code, the City has adopted various Washington State and International building codes; and WHEREAS, pursuant to Chapter 19.27 RCW, the 2006 editions of the International Building Code, the International Residential Code, the International Mechanical Code, the International Fuel Gas Code, the International Property Maintenance Code, and the Uniform Plumbing Code, as amended by the State of Washington, apply to all cities, including the City of Bremerton, effective July 1, 2007; therefore, it is appropriate to amend the Bremerton Municipal Codes to formally adopt the same; and WHEREAS, without the passage of this ordinance, the Codes would not become effective as mandated by the State by July 1, 2007; and WHEREAS, on May 31, 2007 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the City Council; and WHEREAS, on June 20,2007 the City Council conducted a public hearing and considered all testimony prior to their decision. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 17.04.020 of the Bremerton Municipal Code entitled "State Building Code-Adoption" relating to code editions is hereby amended to update the editions as adopted by the State Building Code Council and repeal the Uniform Housing Code and the Uniform Code for the Abatement of Dangerous Buildings and thereafter allow for future adoptions as mandated by the State as follows: 2007 Building Code Amendments 17.04.020 STATE BUILDING CODE - ADOPTION. In accordance with Chapter 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, 20mQ Edition, published by the International Code Council, Inc., as amended pursuant to Chapter 51-50 WAC. (b) The International Residential Code, 200JQ Edition, published by the International Code Council, Inc., as amended pursuant to Chapter 51-51 WAC. (c) The International Mechanical Code, 200JQ Edition, published by the International Code Council, Inc., as amended pursuant to Chapter 51-52 WAC. (d) The Uniform Plumbing Code, 20mQ Edition, published by the International 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. The International Property Maintenance Code, 2006 Edition, published by the International Code Council. (f) The Uniform Code for the i\batement of Dangerous Buildings, 1997 Edition, published by the International Conference of Building Officials. The International Fuel Gas Code, 2006 Edition, published bv the International Code Council. (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 51-13 WAC. (i) The Uniform Building Code, 1997 Edition, published by the International Conference of Building Officials for the limited purpose to enforce the Ufliform Code for the .'\batement of Dangerous Buildings and the Uniform Housing Code referenced above. U) 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 f~batement of Dangerous Buildings and the Uniform Housing Code referenced aboye. One (1) copy of each of these codes is on file with the City's Building Official. SECTION 2. Section 17.04.030 of the Bremerton Municipal Code entitled "Code Conflicts" shall be amended to read: 17.04.030 CODE CONFLICTS. To the extent allowed by RCW 19.27.040, if a conflict exists between the provisions of the State Building Codes adopted by the Washington State Building Code Council and the provisions of this chapter, the Bremerton Municipal Code provisions shall govern. In cases of conflict among the codes enumerated in BMC 17.040.020(a) through uh), the first named shall govern over those following. 2 2007 Building Code Amendments SECTION 3. Section 17.04.050 of the Bremerton Municipal Code entitled "Amendments to the Intel11ational Building Code - Section 903, Automatic Sprinkler Systems is hereby repealed in its entirety as this section is covered in Title 18. SECTION 4. Section 17.04.060 of the Bremerton Municipal Code entitled "Amendments to the Intel11ational Building Code - Section 907 Fire Alarm and Detection System is hereby repealed in its entirety as this section is covered in Title 18. SECTION 5. Section 17.04.070 of the Bremerton Municipal Code entitled "Amendments to the Intel11ational Building Code - Section 3002 Elevators and Conveying Systems" is hereby repealed in its entirety as this section is covered in the 2006 International Building Code, adopted herein. SECTION 6. Section 17.04.110 of the Bremerton Municipal Code entitled "Amendments to the Uniforn1 Housing Code" is hereby repealed and replaced with Amendments to the International Property Maintenance Code. 17.04.110 AMENDMENTS TO THE INTERNATIONAL PROPERTY MAINTENANCE CODE. The following local amendments to the International Property Maintenance Code are hereby adopted as if fully set forth therein. (a) Chapter 1 of the International Property Maintenance Code is adopted with the exception of Section 111 and the following amendments: Sec. 106 Violations 106.1 Unlawful acts. It shall be unlawful for any person, firm, or corporation to erect. construct, aIter, 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. 106.2 Notice of violations. The code official shall serve a notice of violation or order in accordance with BMC Chapter 1.04. (b) Section 107 of the Intel11ational Property Maintenance Code entitled Notices and Orders is adopted with the exception of 107.2 and 107.3 and with the following amendments: 107.1 Notice to person responsible. Whenever the code official detern1ines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in BMC Chapter 1.04. 107.4 Penalties. Penalties for noncompliance with orders and notices shall be as set forth in BMC Chapter 1.04. 3 2007 Building Code Amendments (c) Chapter 2 of the International Property Maintenance Code is adopted with the exception of the following: Section 202 General Definitions shall not include "Garbage" and "Rubbish". (d) Chapter 3 of the International Property Maintenance Code is adopted with the exception of302.4 "Weeds", 302.8 "Motor vehicles", 302.9 "Defacement of property", Section 303 "Swimming Pools, Spas and Hot Tubs", 304.3 "Premises identification", 304.14 "Insect screens", 304.17 'Guards for basement windows", 304.18.1 "Doors", Section 306 "Handrails and Guardrails", Section 307 "Rubbish and Garbage", and 308.5 "Occupant". (e) Chapter 5 of the International Property Maintenance Code is adopted with the following amendments: Section 505 Water Systems 505.1 General shall read: 505.1 General. Every sink, lavatory, bathtub and shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold nmning water. 505.4 Water heating facilities shall read: 505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 1100 F (43 OC). (0 Chapter 6 of the International Property Maintenance Code is adopted with the following amendments: Section 602 Heating Facilities 602.2 Residential occupancies shall read: 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temperature of680 F (200C) in all habitable rooms, bathrooms and toilet rooms. Cooking appliances shall not be used to provide space heating to meet the reCluirements ofthis section. 602.3 Heat supply shall read: 602.3 Heat supplv. Every owner and operator of any building who rents, leases or lets onc or morc dwelling units or sleeping units on temlS, either expressed or impliecL to furnish heat to the occupants thereof shall 4 2007 Building Code Amendments supply heat of not less than 680 F (lOOC) in all habitable rooms, bathrooms, and toilet rooms. 602.4 Occupiable work spaces shall read: 602.4 Occupiahle work SIJaCes. Indoor occupiable work space shall be supplied with heat 0 f not less than 650 F (180C) during the period the spaces are occupied. SECTION 7. Section 17.04.120 of the Bremerton Municipal Code entitled "Amendments to the Uniform Code for the Abatement of Dangerous Buildings" is hereby repealed as it will be covered under the International Property Maintenance Code, adopted herein. SECTION 8. Chapter 17.56 of the Bremerton Municipal Code entitled "Certificates of Occupancy" is hereby repealed as this section is covered in the International Codes, adopted herein. SECTION 9. Chapter 3.01 of the Bremerton Municipal Code entitled "Community Development -Rate Table C is hereby amended as adopted by the State and depicted in Exhibit A. SECTION 10. Severabilitv. If anyone or more sections, sub-sections, 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 11. Effective Date. This ordinance shall take effect on July 1, 2007 as mandated by the State law and after ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of ,2007 WILL MAUPIN, Council President Approved this day of ,2007 CAR Y BOZEMAN, Mayor 5 2007 Building Code Amendments ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, City Clerk ROG ER A. LUBOVICH, City Attorney ,2007 ,2007 PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of R:\Lcgal\Lcgal\Ordinances\Community Dc\'clopmcnt\2007 Building Code Amendments.l.doc 6 2007 Building Code Amendments Exhibit A TOTAL VALUATION FEE $1.00 TO $500.00 5~24.00 $501.00 TO $2,000.00 S~24.00 for the first $500.00 plus $3.0.,)Q for each additional 5100.00, or fraction thereof, to and including 52,000.00 $2,001.00 to $25,000.00/10,000 S69.~00 for the first $2,000.00 plus $~ 11.00for each additional $1,000.00, or fraction thereof, to and including 525,000.0040,000 $25,001.00 to $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each additional $1,000.00, or fraction thereof, to and including S50,000.00 $50,00110,001.00 to $~487.00 for the first $50,000.0040,000; plus $100,000.00 $~9.00 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $100,001.00 to $500,000.00 $~1,027.00 for the first $100,00.00 plus $~7.00 for each additional $1,000.00, or fraction thereof, to and including $500,000.00 $500,001.00 to $1,000,000.00 $3,233.753,827.00 for the first $500,000.00 plus $4:-7-:)5.00 for each additional $1,000.00, or fraction thereof, to and including $1,000,000.00 $1,000,001.00 ~JQ $5,608.756,327.00 for the first $1,000,000.00 plus 5,000,000.00 $~3.00 for each additional $1,000.00, or fraction thereof~ to include $5,000,000.00 $5,000,001.00 and over $18,327.00 for the first $5,000,000.00; plus $1.00 for each additional $1 ,000.00 or fraction thereof Other Inspections and fees: 1. Inspections outside ofnom1al business hours................................ $47.00 per houri (minimum charge - two hours) 2. Reinspection fees assessed under provisions of this chapter shall be as follows (per inspection):......................................................................................... ......... $49.50 per houri 3. Inspections for which no fee is specifically indicated ................... $47.00 per houri (minimum charge - one-half hour) 4. Additional plan review required by changes, additions or revisions 4. to plans ................. ....... .................... ................ .............................. $47.00 per houri (minimum charge - one-half hour) 5. For use of outside consultants for plan checking and inspections, or both ................ ........... .................... ......................... Actual Costs2 6. Mobile Home Setup Fees Double Wide .................................................................................. $150.00 Triple Wide............................... .......... ........... ............ .................... $200.00 7. Moved Building Permit Fce (not including other required permits) ........ .... ..... .......... ....... ... ........ .... ..... .... ................................ $1 00.00 8. Energy Code Plan Review Surcharge for New Single Family Residences .................... ....... ........... ................ ................... $50.00 () ~~U~~ ~ . t) . . T' ''lff-BMC 17.0'1.040(c) ....................... $25.00 I. . . COMMUNITY DEVELOPMENT - RATE TABLE C EXHIBIT 1 BUILDING AND OTHER PERMIT FEES Or the total hourly cost to the junschctll)n, whichever is the grcatest. ThiS cost sha1l1l1clude superVisIOn, overhead, equipment, hourly wages ancl ti'inge benefits of the employees involved. 2Actual costs include administrative and overhead costs. II" A. Mandated Codes adopted bv State Bui/din!! Code Council. effective Julv 1. 2007: The International Building Code, the International Residential Code, the International Mechanical Code and the Uniform Plumbing Code are mandated by the State Building Code Council to be effective on July 1, 2007. The Codes are mandated pursuant to RCW 19.27.060, which reads: The governing body of each county or city is authorized to amend the state building code as it applies within the jurisdiction of the county or city. The minimum performance standards of the codes and the objectives enumerated in RCW 19.27.020 shall not be diminished by any county or city amendments. B. The International Proper/v Maintenance Code.' The International Property Maintenance Code is substitution for both the Uniform Housing Code and the Abatement of Dangerous Buildings Code. This Code is not mandated by State law, however, as the City can no longer use the Uniform Housing or Abatement of Dangerous Buildings Code as they went were in concert with the Uniform Building Code the City must adopt another Code. The options for the City is either to adopt the International Property Maintenance Code which is in concert with the 2006 International Building Codes or to write it's own Code to cover property maintenance. The International Property Maintenance Code addresses the requirement for property maintenance with the following minor amendments: 1. 106.1 "Violations" is amended to continue the same language as previously adopted under the Uniform Housing Code which provides further clarity of an unlawful act (those who 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). 2. 106.2 "Notice of violations" is amended to reference the City's Code Enforcement Notice requirements (BMC 1.04 Code Enforcement). 3. Section 107 "Notice and Orders" is amended to reference the City's Code Enforcement Notice requirements pursuant the BMC 1.04.040. 4. Sec. 107.2 and 107.3 are not adopted as they conflict with BMC 1.04.040 Notice requirements. 5. Section 111 "Means Of Appeal" is not adopted as it sets forth the appeal process which is covered under BMC 20.02.140 and references a membership board. The City is designated as the board of appeals the Hearing Examiner. Appeals shall be made as set forth in BMC 17.04.140. 1 2007 Building Code Amendments ~ 6. Section 202, General Definitions. The City is not adopting the "Garbage" and "Rubbish" definition as it conflicts with BMC 6.04 definitions. 7. 302.4 "Weeds" is not adopted as it conflicts with BMC 9.14 Nuisance Vegetation and BMC 1.04 Code Enforcement. 8. 302.8 "Motor vehicles" is not adopted as it conflicts with BMC 9.08 Unauthorized and Junk Vehicles. 9. 302.9 "Defacement of property" is not adopted as it is covered in BMC 9.90 Graffiti. 10. Section 303 "Swimming Pools" is not adopted as it is covered in the 2006 International Building Code. 11. 304.3 "Premises identification" is not adopted as it conflicts with BMC 18, Fire Code which requires 6" numbers. 12. 304.14 "Insect screens" is not adopted as it is onerous to require insect screens. 13. 304.17 "Guards for basement windows" is not adopted as it is onerous to regulate rodent entry. 14. 304.18.1 "Doors" is not adopted as it is onerous to require deadbolt locks on every egress door. 15. Section 306 "Handrails and Guardrails" is not adopted as it is covered under the 2006 Building Code. 16. Section 307, "Rubbish and Garbage" is not adopted as it conflicts with BMC 6.04. 17. 308.5 "Occupant" is not adopted as it is onerous to regulate rodent and pest-free conditions of a structure. 18. 505.1 "General" is amended to eliminate the reference of the International Plumbing Code as the State adopted the Uniform Plumbing Code. 19. 505.4 "Water heating facilities" is amended to be consistent with the Uniform Plumbing Code. 20. 602.2 "Residential occupancies" is amended to eliminate reference to the International Plumbing Code (State adopted Uniform Plumbing Code). 2 2007 Building Code Amendments .. '~; ..., . <( ~ ,~, . ". 21. 602.3 "Heating supply" is amended to simplify the Code consistent with the Uniform Plumbing Code and not establish a time period in which temperatures should be regulated. 22. 602.4 "Occupiable work space" is amended as it is onerous to regulate when temperatures should be regulated. Code References: BMC 1.04.040 NOTICE OF CIVIL VIOLATION. (a) Issuance of Notice of Violation. When the code enforcement officer determines that a violation has occurred or is occurring, and does not secure voluntary correction pursuant to BMC 1.04.030, the code enforcement officer may issue a notice of civil violation to the person responsible for the violation. (b) Content of Notice. The notice of civil violation shall include the following: 1. The name and address of the person responsible for the violation; and 2. The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and 3. A description of the violation and a reference to the code provisions and regulations that have been violated; and 4. The required corrective action and the date and time by which the corrective action must be completed; and 5. The date, time and location of a hearing before the administrative hearing examiner; and 6. A statement indicating that the hearing will be canceled and no monetary penalty will be assessed if the code enforcement officer approves the completed, required corrective action at least forty-eight (48) hours prior to the hearing; and 7. A statement that the costs and expenses of enforcement incurred by the city and a monetary penalty in an amount per day for each violation pursuant to BMC 1.04.090 and costs of abatement pursuant to BMC 1.04.110 may be assessed against the person to whom the notice of civil violation is directed as specified and ordered by the administrative hearing examiner. 8. A statement that the failure to attend the hearing before the a,dministrative hearing examiner may result in a default judgment against the person responsible for the violation, whereby the administrative hearing examiner may enter judgment in favor of the city, assess penalties and costs against the person responsible for the violation, and order the abatement of the violation at the expense of the person responsible for the violation. (c) Extension. Extensions of the time specified in the notice of civil violation for correction of the violation may be granted at the discretion of the code enforcement officer; the city attorney, or his or her designee; or by order of the administrative hearing exammer. (d) Service of notice. The code enforcement officer shall serve or cause to be served the notice of civil violation upon the person responsible for the violation by personal service pursuant to BMC 1.04.040(e)(I), or by mail pursuant to BMC 1.04.040(e)(2). If 3 2007 Building Code Amendments "II the person responsible for the violation cannot be reasonably personally served within the City and if an address for mailed service cannot be ascertained notice shall be served by posting a copy of the notice of civil violation conspicuously on the affected property or structure pursuant to BMC 1.04.040(e)(3) and/or publication pursuant to BMC 1.04.040(e)(4). (e) Methods of Service Defined. The methods of service of notice as used in this Chapter are defined as follows: 1. Personal Service. Personal service on the person responsible for the violation shall mean handing the notice to the person responsible for the violation or leaving it at his or her dwelling house or usual place of abode with some person of suitable age and discretion then residing therein, or leaving it at his or her office or place of employment with a person in charge thereof; or 2. Mailing. Mailing shall mean mailing notice to the last known address ofthe person responsible for the violation which shall be accomplished by placing one (1) copy of the notice of violation in the mail of the United States by ordinary first class mail, directed to the last known address of the person responsible for the violation, and by placing another copy in the mail of the United States in a form requiring a signed receipt showing when and to whom it was delivered and directed to the last known address of the person responsible for the violation. The last known address shall include the address appearing on the last equalized tax assessment roll of the county assessor; or 3. Posting. Posting shall mean posting a copy of the notice in a conspicuous place on the property, with at least one (1) copy of such notice placed at the entry- way to the property or structure, if an entry-way exists, or other conspicuous place on the property; or 4. Publication. Publication of notice shall mean publication as set forth in RCW 4.28.100. (f) Proof of Service. Proof of service shall be make by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made, and ifby posting and/or publication in lieu of personal service or mail, the facts showing that due diligence was used in attempting to serve the person personally or by mail. BMC 2.13.010 PURPOSE (HEARING EXAMINER ORDINANCE). The purpose of this chapter is to: (1) Separate the land use regulatory function from the land use planning process; (2) Ensure procedural due process and appearance of fairness in regulatory hearings and decisions; (3) Provide an efficient and effective land use regulatory system which integrates the public hearing and decision-making processes for land use matters; (4) Provide for consistency and predictability in decision making and the application of policies and regulations adopted by the city; (5) Provide a forum for conducting public hearings required by the Bremerton Municipal Code; and (6) Provide a forum for hearing appeals of administrative decisions and other matters as established by the Bremerton Municipal Code. . 4 2007 Building Code Amendments - ., ,.. BMC 6.04.030 DEFINITIONS. b) "Garbage" includes all putrescible wastes, except sewage and body wastes, including vegetable and animal offal and carcasses of dead animals, but not including recognized industrial by-products, and shall include all such substances from all public and private establishments and from all residences. (c) "Rubbish" includes all nonputrescible wastes, including, but not limited to: (1) Broken or discarded furniture, household equipment, appliances and furnishings, and personal belongings; (2) Salvage materials and automobile parts, including, but not limited to, tires, wheels, engine parts, body parts, interior parts and auto glass; and (3) Abandoned, broken or neglected equipment and machinery. BMC 9.08.010 DEFINITION. "Unauthorized vehicle" means a vehicle that is subject to impound after being left unattended in one of the following public or private locations for the indicated period of time: (a) Public locations: (1) When a vehicle is subject to removal by an officer under RCW 46.55.113 - Immediately (2) Lawfully parked on a highway or publicly owned property, not including parking facilities and tagged as described in BMC ~9.08.020 - 72 hours (3) Unlawfully parked on a highway or publicly owned property, not including parking facilities and tagged as described in BMC 9.08.020 - 24 hours (4) In a publicly owned or controlled parking facility, properly posted under RCW 46.55.070 - Immediately (b) Private locations: (1) On residential property - Immediately (2) On private, nonresidential property, properly posted under RCW 46.55.113 - Immediately (3) On private, nonresidential property, non-posted - 24 hours BMC 9.14.010 NUISANCE DECLARED. (a) The owner or occupant or other person in control of any property within the city shall remove or destroy all trees, plants, shrubs or vegetation, or any parts thereof, which overhang any sidewalk at a clearance height of less than eight (8) feet or street at a clearance height of less than sixteen (16) feet or which are situate on the property or on the portion of the street or sidewalk abutting thereon, in such manner as to obstruct or impair the free and full use of the sidewalk or street, including the interruption or interference with the clear vision of pedestrians or persons operating vehicles thereon, or interfering with sidewalks, streets, poles, wires, pipes, fixtures or any other part of any public utility situate in the street. (b) It is unlawful and a nuisance for the owner or occupant or other person in control of real property, including any unimproved planting strips, right-of-way or similar area abutting and adjacent to such real property to allow, continue or maintain the following vegetation: 5 2007 Building Code Amendments '.... (1) Grass and weeds exceeding twelve inches in height except in areas maintained for domestic livestock. (2) Shrubs, brush, vines, trees or other vegetation growing or which has grown and died, cut vegetation, blackberry vines, and organic debris, which constitutes a fire hazard, or provides a harborage for rats, rodents or horticultural pests or otherwise constitutes a health hazard. (3) Noxious and poisonous plants, including poison ivy, poison oak, poison hemlock, poison sumac, nettles and nightshade. (4) Dead, decayed, diseased or hazardous trees. (Ord. 4822, Amended, 11115/2002; Ord. 4584, Amended, 02/28/1997; Ord. 2364 SI, 1959) BMC 9.14.018 EXEMPTIONS. The following are exempt from the application of Section 9.14.010(b): (1) Undeveloped publicly owned watershed lands. (2) Private property designated as open space land, farm and agricultural land and timberland under Chapter 84.34 RCW and taxed at current use assessment. (3 ) Wetlands and critical areas designated for protection under the Growth Management Act, Chapter 36.07 A RCW. (4) Parcels ofland greater than 13,000 square feet,'provided the perimeter 50 feet of these parcels must be maintained in compliance with section 9.14.010 BMC 9.90 GRAFFITI 9.90.010 DEFINITION. "Graffiti" as used in this chapter means the writing, drawing, or script located on buildings, walls, fences, windows, signs or other open printable spaces which damages or defaces the structure or other surface and which is visible from any public right-of-way or public property. (Ord. 4587, Added, 3/20/1997) 9.90.020 NUISANCE DECLARED - NOTICE OF REMOVAL. (1) Graffiti is declared to be a public nuisance and subject to abatement. (2) Whenever the official charged with enforcing the City Building Code or his/her designated representative, determines that graffiti exists on any public or private buildings, structures, and places which are visible from any public right-of- way or public property, and weather permits the painting of exterior surfaces, the official shall cause a notice to be issued to abate such nuisance. The property owner shall have fifteen (15) days after the date of the notice to remove the graffiti or the same will be subject to abatement by the City. (3) The notice to abate pursuant to this section shall be served upon the owner(s) of the affected premises, as such owners' name and address appears on the last property tax assessment roles of Kitsap County, Washington, as well as the occupant of the property if known. If there is no known address for the owner, the notice shall be sent in care of the property address. Service may be by personal service, or registered and first class mail. (Ord. 4587, Added, 3/20/1997) 9.90.030 APPEAL. 6 2007 Building Code Amendments .:.'h "" - i - ~ ,.<.~ Within seven (7) working days from the mailing or from personal service of the notice to remove the owner or person occupying or controlling the premises affected may appeal the notice of abatement to the Hearing Examiner under procedures of BMC 2.62.045. Filing of an appeal will stay actions by the city to abate the graffiti nuisance during the pendency of the appeal. (Ord. 4587, Added, 3/20/1997) 9.90.040 REMOVAL BY THE CITY. Upon failure of the owner or occupant to comply with the notice to abate by the designated date, or such continued date thereafter as the police Chief or his/her designated representative approves, then the City or its private contractor is authorized to enter upon the premises to abate the graffiti. All reasonable efforts to minimize damage from such entry shall be taken, and any paint used to obliterate or cover graffiti shall be as close as practicable to background color(s) and the areas repainted shall be the minimum required to obliterate the graffiti. BMC 17.04.140 APPEALS. (a) Appeals to the Hearings Examiner. (I) Jurisdiction. The City Hearings Examiner has been designated as the Board of Appeals and shall have jurisdiction over all matters ctmceming the application of the building codes cited in this chapter. 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 Chapter 2.13 BMC. (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 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 Chapter 2.13 BMC. (Ord. 4904 SI, 2004) (b) "Garbage" includes all putrescible wastes, except sewage and body wastes, including vegetable and animal offal and carcasses of dead animals, but not including 7 2007 Building Code Amendments , -.. recognized industrial by-products, and shall include all such substances from all public and private establishments and from all residences. (c) "Rubbish" includes all nonputrescible wastes, including, but not limited to: (I) Broken or discarded furniture, household equipment, appliances and furnishings, and personal belongings; (2) Salvage materials and automobile parts, including, but not limited to, tires, wheels, engine parts, body parts, interior parts and auto glass; and (3) Abandoned, broken or neglected equipment and machinery. BMC 20.02.140 APPEALS. (a) General. (l) Those land use and development decisions that are subject to appeal shall become final unless an appeal is filed withiI1' the designated time to file an appeal. (2) The appellant shall bear the burden of proving the administrative decision was not supported by substantial evidence. (3) Appeal of Type I or Type II project permit final decisions shall be to the Hearing Examiner. Appeals shall be filed within fourteen (14) days following the issuance of the notice of decision. A decision involving a SEPA determination of nonsignificance which required public comments shall have the appeal period extended an additional seven (7) days. (4) Administrative appeal of a SEP A threshold determination is to the Hearing Examiner pursuant to Chapter 20.04 BMC and subsection (a)(3) of this section. (5) Appeal of Type III or Type IV project permit final decisions shall be to Kitsap County Superior Court pursuant to Chapter 36.70C RCW. Appeals shall be filed within twenty-one (21) days following the issuance of the notice of decision. (6) Final decision relating to the Bremerton Shoreline Master Program may be appealed as follows: (i) Director decisions and Type II shoreline permits may be appealed to the Hearing Examiner pursuant to subsection (a)(3) of this section or may be appealed directly to the Shoreline Hearings Board pursuant to RCW 90.58.180. (ii) Hearing Examiner decisions may be appealed to the Shoreline Hearings Board by filing a petition for review within twenty-one (21) days of the date of filing pursuant to RCW 90.58.140(6). (b) Standing to Appeal. Only parties of record with standing may initiate an appeal. Standing constitutes the following: (l) For Type I project permits, only the applicant has standing. (2) For project permits not Type I, the following have standing: (i) Applicant; (ii) Anyone who participates in the public hearing; or (iii) Anyone who submits written comments in response to a legal notice within the required time limits. (c) Filing an Appeal. Administrative appeals are filed by submitting a form provided by the Department. The appeal must be received by 5:00 p.m. on the last day of the appeal period. Appeals may be mailed, faxed or delivered to the Department. (d) Timing of Decisions. 8 2007 Building Code Amendments " !'~. ~ -: - ,/,,", , ::::.' .i. (1) An open-record appeal shall be decided within ninety (90) days from the date the complete appeal was filed. (2) Should an occasion arise that would require a closed-record appeal hearing, such an appeal shall be decided within sixty (60) days. (e) Computation of Time. For purposes of computing the time for filing an appeal, the day the decision is rendered shall not be included. The last day of the appeal period shall be included unless it is a Saturday, Sunday, a day designated by RCW 1.16.050 or by the City's ordinances as a legal holiday, then it also is excluded and the filing must be completed on the next business day. (f) Content of Appeal. An administrative appeal shall not be accepted unless it is written, accompanied by the required appeal fee, and contains at least the following information: (1) Appellant's name, address and phone number; (2) Appellant's statement describing his or her standing, as a party of record, to appeal; (3) Identification of the application which is the subject of the appeal; (4) Statement of grounds for appeal and the facts upon which the appeal is based; (5) Statement of the relief sought, including the specific nature and extent; and (6) A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant's signature. (g) Effect. The timely filing of an administrative appeal shall stay the effective date of the decision until the appeal is either decided or withdrawn. (h) Notice of Appeal. The Director shall provide public notice of the appeal as provided in BMC 20.02.110(c). 9 2007 Building Code Amendments TABLE OF CONTENTS e CHAPTER 1 ADMINISTRATION.............. . 1 Section 101 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 102 Applicability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 103 Department of Property Maintenance Inspection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 104 Duties and Powers of the Code Official. . . . . . . . . 2 105 Approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 106 Violations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 107 Notices and Orders . . . . . . . . . . . . . . . . . . . . . . . . . 3 ] 08 Unsafe Structures and Equipment .... . . . . . . . . . 3 109 Emergency Measures. . . . . . . . . . . . . . . . . . . . . . . . 4 ] 10 Demolition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 111 Means of Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 CHAPTER 2 DEFINITIONS................... . 7 Section 201 202 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 General Definitions. . . . . . . . . . . . . . . . . . . . . . . . . 7 CHAPTER 3 GENERAL REQUIREMENTS ...... 9 Section 301 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 302 Exterior Property Areas. . . . . . . . . . . . . . . . . . . . . . 9 303 Swimming Pools, Spas and Hot Tubs. . . . . . . . . . . 9 304 , Exterior Structure . . . . . . . . . . . . . . . . . . . . . . . . . 10 305 Interior Structure. . . . . . . . . . . . . . . . . . . . . . . . . . 11 306 Handrails and Guardrails ................... 11 307 Rubbish and Garbage ... . . . . . . . . . . . . . . . . . . . 1] 308 Extermination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 CHAPTER 4 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS. . . . . . 13 Section 401 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 402 Light. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 403 Ventilation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 404 Occupancy Limitations. . . . . . . . . . . . . . . . . . . . . 13 CHAPTER 5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS ...... 15 Section 50 I General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 502 Required Facilities. . . . . . . . . . . . . . . . . . . . . . . . . 15 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@ 503 Toilet Rooms . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15 504 Plumbing Systems and Fixtures. . . . . . . . . . . . . . 15 505 Water System. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 506 Sanitary Drainage System. . . . . . . . . . . . . . . . . . . 16 507 Storm Drainage. . . . . . . . . . . . . . . . . . . . . . . . . . . 16 CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS. . . . . . . . . . . . . . . . 17 Section 601 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 602 Heating Facilities. . . . . . . . . . . . . . . . . . . . . . . . . . 17 603 Mechanical Equipment . . . . . . . . . . . . . . . . . . . . . 17 604' Electrical Facilities . . . . . . . . . . . . . . . . . . . . . . . . 17 605 Electrical Equipment. . . . . . . . . . . . . . . . . . . . . . . 18 606 Elevators, Escalators and Dumbwaiters. . . . . . . . 18 607 Duct Systems. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 CHAPTER 7 FIRE SAFETY REQUIREMENTS. .. .. .. . .. .. .. .. 19 e Section 701 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 702 Means of Egress. . . . . . . . . . . . . . . . . . . . . . . . . . . 19 703 Fire-Resistance Ratings. . . . . . . . . . . . . . . . . . . . . 19 704 Fire Protection Systems. . . . . . . . . . . . . . . . . . . . . 19 CHAPTER 8 REFERENCED STANDARDS. . . . . . 21 INDEX. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 . vii . CHAPTER 1 ADMINISTRATION SECTION 101 GENERAL 101.1 Title. These regulations shall be known as the Property Maintenance Code of [NAME OF JURISDICTION], hereinafter referred to as "this code." 101.2 Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all exist- ing premises and constitute minimum requirements and stan- dards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penal- ties. 101.3 Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare in so far as they (U'e affected by the continued occu- pancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provi- . sions shall be altered or repaired to provide a minimum level of health and safety as required herein. .. 101.4 Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitu- tional, such decision shall not affect the validity of the remain- ing portions of this code. SECTION 102 APPLICABILITY 102.1 General. The provisions of this code shall apply to all matters affecting or relating to structures and premises, as set forth in Section 101. Where, in a specific case, different sec- tions of this code specify different requirements, the most restrictive shall govern. . 102.2 Maintenance. Equipment, systems, devices and safe- guards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any occu- pied dwelling, except for such temporary intenuption as neces- sary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise speci- tied herein, the owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and prenllscs. 2006 INTERNATiONAL PROPERTY MAINTENANCE CODE@ 102.3 Application of other codes. Repairs, additions or alter- ations to a stmcture, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Inferna-I tional Building Code, International Fuel Gas Code, Interna- tional Mechanical Code and the ICC Electrical Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the International Zoning Code. 102.4 Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the juris- diction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and insanitary. 102.5 Workmanship. Repairs, maintenance work. alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions. 102.6 Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings when such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare. 102.7 Referenced codes and standards. The codes and stan- dards referenced in this code shall be those that are listed in Chapter 8 and considered part of the requirements of this code to the prescribed extent of each such reference. Where differ- ences occur between provisions of this code and the referenced standards, the provisions of this code shall apply. 102.8 Requirements not covered by code. Requirements nec- essary for the strength, stability or proper operation of an exist- ing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the code official. SECTION 103 DEPARTMENT OF PROPERTY MAINTENANCE INSPECTION 103.1 General. The department of property maintenance inspection is hereby created and the executive official in charge thereof shall be known as the code official. 103.2 Appointment. The code official shall be appointed by the chief appointing authority of the jmisdiction; and the code official shall not be removed from office except for cause and after full opportunity to be heard on specific and relevant charges by and before the appointing authority. 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction ancl with the concurrence of the appointing authority, the code official shall have the authority to appoint a deputy code official, other related technical officers, inspectors and other employees. ADMINISTRATION 103.4 Liability. The code official, officer or employee charged with the enforcement of this code, while acting for the jurisdic- tion, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final tennination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any officer of the department of property mainte- nance inspection, acting in good faith and without malice, shall be free from liability for acts performed under any of its provi- sions or by reason of any act or omission in the performance of official duties in connection therewith. 103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the following schedule. [JURtSDICTION TO INSERT APPROPRIATE SCHEDULE.] SECTION 104 DUTIES AND POWERS OF THE CODE OFFICIAL 104.1 General. The code official shall enforce the provisions of this code. 104.2 Rule-making authority. The code official shall have authority as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and proce- dures; to interpret and implement the provision~ of this code; to secure the intent thereof; and to designate requirements appli- cable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire perfor- mance requirements specifically provided for in this code, or of violating accepted engineering methods involving public safety. 104.3 Inspections. The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspec- tions shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. 104.4 Right of entry. The code official is authorized to enter the structure or premises at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and sei- zures. If entry is refused or not obtained, the code official is authorized to pursue recourse as provided by law. 104.5 Identification. The code official shall carry proper iden- tification when inspecting structures or premises in the perfor- mance of duties under this code. 104.6 Notices and orders. The code official shall issue all nec- essary notices or orders to ensure compliance with this code. 2 104.7 Department records. The code official shall keep offi- cial records of all business and activities of the department specified in the provisions of this code. Such records shall be retained in the official records as long as the building or struc- ture to which such records relate remains in existence, unless otherwise provided for by other regulations. e .. SECTION 105 APPROVAL 105.1 Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifications for indi- vidual cases, provided the code official shall first find that spe- cial individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files. 105.2 Alternative materials, methods and equipment. The provisions of this code are not intended to prevent the installa- tion of any material or to prohibit any method of construction not specifically prescribed by this code, provided that any such alternative has been approved. An alternative material or method of construction shall be approved where the code offi- cial finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the mate- .. rial, method or work offered is, for the purpose intended, at .. least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety. 105.3 Required testing. Whenever there is insufficient evi- dence of compliance with the provisions of this code, or evi- dence that a material or method does not conform to the requirements of this code, or in order to substantiatec1aims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction. 105.3.1 Test methods. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall be permitted to approve appropriate testing procedures performed by an approved agency. 105.3.2 Test reports. Reports of tests shall be retained by the code official for the period required for retention of pub- lic records. 105.4 Material and equipment reuse. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested when neces- sary, placed in good and proper working condition and approved. SECTION 106 VIOLATIONS 106.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict 'kith or in violation of any of the provisions of this code. . 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@ e 106.2 Notice ofviolation. The code official shall serve a notice of violation or order in accordance with Section 107. . 106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accordance with I Section 107 shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the vio- lation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, cor- rect or abate such violation, or to require the removal or termi- nation of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. 106.4 Violation penalties. Any person who shall violate a pro- vision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a violation con- tinues after due notice has been served shall be deemed a sepa- rate offense. 106.5 Abatement ofviolation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, cor- rect or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, con- duct, business or utilization of the building, structure or pre- mIses. SECTION 107 NOTICES AND ORDERS . 107.1 Notice to person responsible. Whenever the code offi- cial determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3 to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 108.3. 107.2 Form. Such notice prescribed in Section 107.1 shall be in accordance with all of the following: 1. Be in writing. 2. Include a description of the real estate sufficient for iden- tification. 3. Include a statement of the violation or violations and why the notice is being issued. 4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the pro- . visions of this code. 5. Inform the property owner of the right to appeal. 6. Include a statement of the right to file a lien in accordance with Section 106.3. 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@ ADMINISTRA TION 107.3 Method of service. Such notice shall be deemed to be properly served if a copy thereof is: 1. Delivered personally; 2. Sent by certified or first-class mail addressed to the last known address; or 3. If the notice is retumed showing that the letter was not delivered, a copy thereof shall be posted in a conspicu- ous place in or about the structure affected by such notice. 107.4 Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Section 106.4. 107.5 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been com- plied with, or until such owner shall first fumish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall fumish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledg- ing the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the con"ections or repairs required by such compliance order or notice of violation. SECTION 108 UNSAFE STRUCTURES AND EQUIPMENT 108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such structure shall be condemned pursuant to the provisions of this code. 108.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or wam occu- pants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. 108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiling or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure. 108.1.3 Structure unfit for human occupancy. A struc- ture is unfit for human occupancy whenever the code offi- cial finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth ancl contamination, or lacks ventilation, illumination. 3 ADMINISTRA TION sanitary or heating facilities or other essential equipment required by this code, or because the location of the struc- ture constitutes a hazard to the occupants of the structure or to the public. 108.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law. 108.2 Closing of vacant structures. Ifthe structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or atTangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource. 108.3 Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with Section 107.3. If the notice pertains to equip- ment, it shall also be placed on the condemned equipment. The notice shall be in the form prescribed in Section 107.2. 108.4 Placarding. Upon failure of the owner or person respon- sible to comply with the notice provisions within the time given, the code official shall post on the premises or on defec- tive equipment a placard bearing the word "Condemned" and a statement of the penalties provided for occupying the premises, operating the equipment or removing the placard. 108.4.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penalties provided by this code. 108.5 Prohibited occupancy. Any occupied structure con- demned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsi ble for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code. SECTION 109 EMERGENCY MEASURES 109.1 Imminent danger. When, in the opinion of the code offi- cial, there is imminent danger of failure or collapse of a build- ing or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occu- pation of the structure, or when there is actual or potential dan- 4 gel' to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Ofticial." 1t shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. 109.2 Temporary safegual'ds. Notwithstanding other provi- sions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. 109.3 Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized. 109.4 Emergency repairs. For the purposes of this section, the code official shall employ the necessary labor and materials to perfonn the required work as expeditiously as possible. 109.5 Costs of emergency repairs. Costs incurred in the per- formance of emergency work shall be paid by the jurisdiction. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs. 109.6 Hearing. Any person ordered to take emergency mea- sures shall comply with such order forthwith. Any affected per- son shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code. . . SECTION 110 DEMOLITION 110.1 General. The code official shall order the owner of any premises upon which is located any structure, which in the code official's judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to demolish and remove such structure. 110.2 Notices and orders. All notices and orders shall comply with Section 107. 110.3 Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the . 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@ e code official shall cause the structure to be demolished and removed, either through an available public agency or by con- tract or anangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. 110.4 Salvage materials. When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transac- tion, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state. e SECTION 111 MEANS OF APPEAL 111.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been inconectly interpreted, the provisions of this code do not fully apply, or the requirements of this code are adequately sat- isfied by other means. 111.2 Membership of board. The board of appeals shall con- sist of a minimum of three members who are qualified by expe- rience and training to pass on matters pertaining to property maintenance and who are not employees of the jurisdiction. The code official shall be an ex-officio member but shall have no vote on any matter before the board. The board shall be appointed by the chief appointing authority, and shall serve staggered and overlapping terms. 111.2.1 Alternate members. The chief appointing author- ity shall appoint two or more alternate members who shall be called by the board chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board member- ship. 111.2.2 Chairman, The board shall annually select one of its members to serve as chairman. 111.2.3 Disqualification of member. A member shall not hear an appeal in which that member has a personal, profes- sional or financial interest. . 111.2.4 Secretary. The chief administrative officer shall designate a qualified person to serve as secretary to the board. The secretary shall file a detailed record of all pro- ceedings in the office of the chief administrative officer. 111.2.5 Compensation of members. Compensation of members shall be determined by la,\,. 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@ ADMINISTRATION 111.3 Notice of meeting. The board shall meet upon notice from the chairman, within 20 days of the filing of an appeal, or at stated periodic meetings. 111.4 Open hearing. All hearings before the board shall be open to the public. The appellant, the appellant's representa- tive, the code official and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of not less than two-thirds of the board member- ship. 111.4.1 Procedure. The board shall adopt and make avail- able to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. 111.5 Postponed hearing. When the full board is not present to hear an appeal, either the appellant or the appellant's repre- sentative shall have the right to request a postponement of the hearing. 111.6 Board decision. The board shall modify or reverse the decision of the code official only by a concuning vote of a majority of the total number of appointed board members. 111.6.1 Records and copies. The decision of the board shall be recorded. Copies shall be furnished to the appellant and to the code official. 111.6.2 Administration. The code official shall take imme- diate action in accordance with the decision of the board. 111.7 Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropri- ate court for a writ of certiorari to conect enol'S of law. Appli- cation for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer. 111.8 Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforce- ment of the notice and order until the appeal is heard by the appeals board. 5 6 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@ e e . e CHAPTER 2 DEFINITIONS . SECTION 201 GENERAL 201.1 Scope. Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this chapter. 201.2 Interchangeability. Words stated in the present tense inClude the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular. 201.3 Tel'ms defined in other codes. Where terms are not de- fined in this code and are defined in the International Building Code, International Fire Code, International Zoning Code, In- I ternational Plumbing Code, Internatioiwl Mechanical Code or the ICC Electrical Code, such terms shall have the meanings ascribed to them as stated in those codes. 201.4 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. 201.5 Parts. Whenever the words "dwelling unit," "dwelling," "premises," "building," "rooming house," "rooming unit" "housekeeping unit" or "story" are stated in this code, they shall be construed as though they were followed by the words "or any part thereof." SECTION 202 GENERAL DEFINITIONS APPROVED. Approved by the code official. BASEMENT. That portion of a building which is partly or completely below grade. BATHROOM. A room containing plumbing fixtures includ- ing a bathtub or shower. BEDROOM. Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit. CODE OFFICIAL. The official who is charged with the administration and enforcement of this code, or any duly authorized representative. CONDEMN. To adjudge unfit for occupancy. [B] DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including pennanent provisions for living, sleeping, eating, cooking and sanitation. . EASEMENT, That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use uncler, on or above a said lot or lots. EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or opera- tors of such premises. 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@ EXTERMINATION. The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods. GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. GUARD. A building component or a system of building com- ponents located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walk- ing surface to a lower level. HABITABLE SPACE. Space in a structure for living, sleep- ing, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces. HOUSEKEEPING UNIT. A room or group of rooms form- ing a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower. IMMINENT DANGER. A condition which could cause seri- ous or life-threatening injury or death at any time. INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests. INOPERABLE MOTOR VEHICLE. A vehicle which can- not be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power. LABELED. Devices, equipment, appliances, or materials to which has been affixed a label, seal, symbol or other identify- ing mark of a nationally recognized testing laboratory, inspec- tion agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above-labeled items and by whose label the manufac- turer attests to compliance with applicable nationally recog- nized standards. LET FOR OCCUPANCY OR LET. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten Idlse, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land. OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied. OCCUPANT. Any individual living or sleeping in a building, or having possession of a space within a building. OPENABLE AREA. That part of a window, skylight or door \vhich is available for ullobstructed ventilation and which opens directly to the outdoors. 7 DEFINITIONS OPERATOR. Any person who has charge, care or control of a structure or premises which is let or ofTered for occupancy. OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such per- son, and the executor or administrator of the estate of such per- son if ordered to take possession of real property by a court. PERSON. An individual, corporation, partnership or any other group acting as a unit. PREMISES. A lot, plot or parcel of land, casement or public way, including any structures thereon. PUBLIC WAY. Any street. alley or similar parcel of land essentiaJJy unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use. ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling. ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. RUBBISH. Combustible and noncombustible waste materi- als, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials. [B) SLEEPING UNIT. A room or space in which people sleep, which can also include penn anent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dweJJing unit are not sleeping units. STRICT LIABILITY OFFENSE. An otIense in which the prosecution in a legal proceeding is not required to prove crimi- nal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do. STRUCTURE. That which is built or constructed or a portion thereof. TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit. TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower. VENTILATION. The natural or mechanical process of sup- plying conditioned or unconditioned air to, or removing such air from, any space. WORKMANLIKE. Executed in a skilled manner; e.g., gen- erally plumb, level, square, in line, undamaged and without marring adjacent work. YARD. An open space on the same lot with a stmcture. 8 . . . 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@ e CHAPTER 3 GENERAL REQUIREMENTS . SECTION 301 GENERAL 30Jl.l Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of stmctures, equipment and exterior property. 301.2 Responsibility. The owner of the premises' shall main- tain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the require- ments of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control. 301.3 Vacant structures and land. All vacant stmctures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. SECTION 302 EXTERIOR PROPERTY AREAS 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occu- pant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. 302.2 Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any structure located thereon. Exception: Approved retention areas and reservoirs. 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. . 302.4 Weeds. All premises and exterior property shall be main- tained free from weeds or plant growth in excess of (jurisdic- tion to insert height in inches). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a prop- erty to cut and destroy weeds after service of a notice of viola- tion, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having juris- diction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@ property in violation and cut and destroy the weeds' growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. 302.5 Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation. 302.6 Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon \lbut- ting or adjacent public or private property or that of another tenant. 302.7 Accessory structures. All accessory structures, includ- ing detached garages, fences and walls, shall be maintained structurally sound and in good repair. 302.8 Motor vehicles. Except as provided for in other regula- tions, no inoperative or unlicensed motor vehicle shall be. parked, kept or stored on any premises, and nQ vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles IS prohibited unless conducted inside an approved spray booth. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a stmcture or similarly enclosed area designed and approved for such purposes., 302.9 Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said sur- face to an approved state of maintenance and repair. SECTION 303 SWIMMING POOLS, SPAS AND HOT TUBS 303.1 Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair. 303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in depth shall be completely sun-ounded by a fence or batTier at least 48 inches (1219 mm) in height above the finished ground level measured on the side of the ban-ier away from the pool. Gates ami doors in such barriers shall be self-closing and self-latch- ing. Where the self-latching device is less than 54 inches (1372 mm) above the bottom of the gate, tbe release mechanism shall be located on the pool side of the gate. Self-closing and sclf- latching gates shall be maintained such that the gate will posi- tively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure 9 GENERAL REQUIREMENTS I shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. Exception: Spas or hot tubs with a safety cover that com- plies with ASTM F 1346 shall be exempt from the provi- sions of this section. SECTION 304 EXTERIOR STRUCTURE 304.1 General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. 304.2 Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay- resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and sur- faces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or COlTosion shall be coated to inhibit such rust and con-osion and all surfaces with rust or con-osion shall be stabilized and coated to inhibit future rust and con-osion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. [F] 304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm). 304.4 Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. 304.5 Foundation walls. All foundation walls shall be main- tained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. 304.6 Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a man- ner that creates a public nuisance. 304.8 Decorative features. All cornices, belt courses, corbels, ten"a cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. 10 304.9 Overhang extensions. All overhang extensions includ- ing, but not limited to canopies, marquecs, signs, metal awn- ings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coat- ing materials, such as paint or similar surface treatment. 304.10 Stairways, decks, porches and balconies. Every exte- rior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. 304.11 Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather- coating materials, such as paint or similar surface treatment. 304.12 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 304.13 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. 304.13.1 Glazing: All glazing materials shall be maintained free from cracks and holes. . e 304.13.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. 304.14 Insect screens. During the period from [DATE] to [DATE], every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or uti- lized in food for human consumption are processed, manufac- tured, packaged or stored shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control I shall have a self-closing device in good working condition. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. 304.15 Doors. All exterior doors, door assemblies and hard- ware shall be maintained in good condition. Locks at all en- trances to dwelling units and sleeping units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. 304.16 Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and sur- face drainage water. 304.17 Guards for basement windows. Every basement win- dow that is openable shall be supplied with rodent shields, stonn windows or other approved protection against the entry of rodents. . 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@ e 304.18 Building security. Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be pro- vided with devices designed to provide security for the occu- pants and property within. 304.18.1 Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily open able from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a lock throw of not less than I inch (25 mm). Such deadbolt locks shall be installed according to the man- ufacturer's specifications and maintained in good working order. For the p~lrpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock. 304.18.2 Windows. Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device. .. .. 304.18.3 Basement hatchways. Basement hatchways that provide access to a dwelling unit, rooming unit or house- keeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry. . SECTION 305 INTERIOR STRUCTURE 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sani- tary condition. Every owner of a structure containing a room- ing house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupan- cies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. 305.2 Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. 305.3 Interior surfaces. All interior surfaces, including win- dows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected. 305.4 Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be main- tained in sound condition and good repair. 305.5 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 305.6 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, head- ers or tracks as intended by tbe manufacturer of the attachment hardware. . 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@ GENERAL REQUIREMENTS SECTION 306 HANDRAILS AND GUARDRAILS 306.1 General. Every exterior and interior flight of stairs hav- ing more than four lisers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) high or more than 42 inches (1067 mm) high measured verti- cally above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 30 inches (762 mm) high above the floor of the landing, bal- cony, porch, deck, or ramp or other walking surface. Exception: Guards shall not be required where exempted by the adopted building code. SECTION 307 RUBBISH AND GARBAGE 307.1 Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. 307.2 Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers. 307.2.1 Rubbish storage facilities. The owner of every occupied premises shall supply approved covered contain- ers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish. 307.2.2 Refrigerators. Refrigerators and similar equip- ment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors. 307.3 Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers. 307.3.1 Garbage facilities. The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incin- erator unit in the structure available to the occupants in each dwelling unit; or an approved leakproof, covered, outside garbage container. 307.3.2 Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal. SECTION 308 EXTERMINATION 308.1 Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extennination, proper precautions shall be taken to prevent reinfestation. 11 GENERAL REQUIREMENTS 308.2 Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leas- ing the structure. 308.3 Single occupant. The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsi- ble for extermination on the premises. 308.4 Multiple occupancy. The owner of a structure contain- ing two or more dwelling units, a multiple occupancy, a room- ing house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occu- pant to prevent such infestation in the area occupied, the occu- pant shall be responsible for extem1ination. 308.5 Occupant. The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure. Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for extermina- tion. 12 2006 INTERNATIONAL PROPERTY MAINTENANCE COOE@ . . . . CHAPTER 4 LIGHT, VENTILATION AND OCCUPANCY liMITATIONS SECTION 401 GENERAL 401.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure. 401.2 Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compli- ance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any pre- mises that do not comply with the requirements of this chapter. 401.3 Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the International Building Code shall be permitted. . SECTION 402 LIGHT 402.1 Habitable spaces. Every habitable space shall have at least one window of approved size facing directly to the out- doors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than 3 feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room. Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room. the unobstructed opening to the adjoining room shall be at least 8 percent of the noor area of the interior room or space, but not less than 25 square feet (2.33 m2). The exte- rior glazing area shall be based on the total floor area being served. 402.2 Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one- anel two- family dwellings, shall be lighted at all times with at least a 60- watt standcu'd incandescent light bulb for each 200 square feet (19 m2) of floor area or equivalent illumination, provided that the spacing between lights shall not be greater than 30 feet (9144 mm). In other than residential occupancies, means of egress, including exterior means of egress, stairways shall be illuminated at all times the building space served by the means of egress is occupied with a minimum of I footcanelle (11 lux) at floors, landings and treads. 402.3 Other spaces. AlI other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures. . 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@ SECTION 403 VENTILATION 403.1 Habitable spaces. Every habitable space shall have at least one openable window. The total open able area of the win- dow in every room shall be equal to at least 45 percent of the minimum glazed area required in Section 402.l. Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 m2). The ventilation open- ings to the outdoors shall be based on a total floor area being ventilated. 403.2 Bathrooms and toilet rooms. Every bathroom and toi- let room shall comply with the ventilation requirements for habitable spaces as required by Section 403.1, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom or toilet room shall dis- charge to the outdoors and shall not be recirculated. 403.3 Cooking facilities. Unless approved through the certifi- cate of occupancy, cooking shall not be permitted in any room- ing unit or donnitory unit, and a cooking facility or appliance shall not be permitted to be present in the rooming unit or dor- mitory unit. Exceptions: I. Where specifically approved in writing by the code official. 2. Devices such as coffee pots and microwave ovens I shall not he considered cooking appliances. I 403.4 Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the con- taminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space. 403.5 Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted in accordance with the manufacturer's instructions. SECTION 404 OCCUPANCY LIMITATIONS 404.1 Privacy. Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces. 404.2 Minimum room widths. A habitable room, other than a kitchell, shall not be less than 7 feet (2134 mm) in any plan dimension. Kitchens shall bave a clear passageway of not less 13 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS than 3 feet (914 mm) between counterfronts and appliances or counterfronts and VI'aIls. 404.3 Minimum ceiling heights. Habitable spaces, hallways, cOlTidors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than 7 feet (2134 mm). Exceptions: 1. In one- and two-family dwellings, beams or girders spaced not less than 4 feet (1219 mm) on center and projecting not more than 6 inches (152 mm) below the required ceiling height. 2. Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than 6 feet 8 inches (2033 mm) with not less than 6 feet 4 inches (1932 mm) of clear height under beams, gird- ers, ducts and similar obstructions. 3. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least 7 feet (2134 mm) over not less than one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of 5 feet (1524 mm) or more shall be included. 404.4 Bedroom and living room requirements. Every bed- room and living room shall comply with the requirements of Sections 404.4.1 through 404.4.5. 404.4.1 Room area. Every living room shall contain at least 120 square feet (11.2 m2) and every bedroom shall con- tain at least 70 square feet (6.5 m2). 404.4.2 Access from bedrooms. Bedrooms shall not con- stitute the only means of access to other bedrooms or habit- able spaces and shall not serve as the only means of egress from other habitable spaces. Exception: Units that contain fewer than two bedrooms. 404.4.3 Water closet accessibility. Every bedroom shall have access to at least one water closet and one lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to at least one water closet and lavatory located in the same story as the bedroom or an adjacent story. 404.4.4 Prohibited occupancy. Kitchens and nonhabitable spaces shall not be used for sleeping purposes. 404.4.5 Other requirements. Bedrooms shall comply with the applicable provisions of this code including, but not lim- ited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing facilities and water-heating facilities requirements of Chap- ter 5; the heating facilities and electrical receptacle require- ments of Chapter 6; and the smoke detector and emergency escape requirements of Chapter 7. I 404.5 Overcrowding. The number of persons occupying a I dwelling unit shall not create conditions that, in the opinion of 14 the code otIicial, endanger the life, health, safety or welfare of 9. the occupants. ~ - 404.6 Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following require- ments: 1. A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet (20A m2). A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet (29.7 m2). These required areas shall be exclusive of the areas required by Ilems 2 and 3. 2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided. 3. The unit shall be provided with a separate bathroom con- taining a water closet, lavatory and bathtub or shower. 4. The maximum number of occupants shall be three. 404.7 Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equip- ment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for tem- porary storage. . . 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@ CHAPTER 5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS . SECTION 501 GENERAL 501.1 Scope. The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided. 501.2 Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises which does not comply with the require- ments of this chapter. . [P] SECTION 502 REQUIRED FACILITIES 502.1 Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condi- tion. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory. 502.2 Rooming houses. At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units. 502.3 Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bath- tub or shower having access from a public hallway shall be pro- vided for each ten occupants. 502.4 Employees' facilities. A minimum of one water closet, one lavatory and one drinking facility shall be available to employees. 502.4.1 Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or dis- posable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms. . [P] SECTION 503 TOILET ROOMS 503.1 Privacy. Toilet rooms and bathrooms shall provide pri- vacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling. 503.2 Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway. 2006 iNTERNATIONAL PROPERTY MAINTENANCECODE@ 503.3 Location of employee toilet facilities. Toilet facilities shall have access from within the employees' working area. The required toilet facilities shall be located not more than one story above or below the employees' working area and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m). Employee facilities shall either be separate facilities or combined employee and public facilities. Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employees' regular working area to the facilities. 503.4 Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and san'itary condition. [P] SECTION 504 PLUMBING SYSTEMS AND FIXTURES 504.1 General. All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstmctions, leaks and defects and be capable of per- forming the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition. 504.2 Fixture clearances. Plumbing fixtures shall have ade- quate clearances for usage and cleaning. 504.3 Plumbing system hazards. Where it is found that a plumbing system in a stmcture constitutes a hazard to the occu- pants or the structure by reason of inadequate service, inade- quate venting, cross connection, hacksiphonage, improper installation, deterioration or damage or for similar reasons, the code official shall require the defects to be corrected to elimi- nate the hazard. SECTION 505 WATER SYSTEM 505.1 General. Every sink, lavatory, bathtub or shower, drink- ing fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the International Plumbing Code. [P] 505.2 Contamination. The water supply shall be main- tained free from contamination, and all water inlets for plumb- ing fixtures shall be located above the tlood-Ievel rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in 15 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS place, shall be protected by an approved atmospheric-type vac- uumbreaker or an approved permanently attached hose con- nection vacuum breaker. 505.3 Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pres- sures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. 505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less thanllOoF (430C): A gas-bunting water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combus- tion air is provided. An approved combination temperature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained of,l water heaters. [P] SECTION 506 SANITARY DRAINAGE SYSTEM 506.1 General. All plumbing fixtures shall be properly con- nected to either a public sewer system or to an approved private sewage disposal system. 506.2 Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects. [P] SECTION 507 STORM DRAINAGE 507.1 General. Drainage of roofs and paved areas. yards and courts, and other open areas on the premises shall not be dis- charged in a manner that creates a public nuisance. 16 . . . 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@ . CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS SECTION 601 GENER.AL 601.1 Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided. 601.2 Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equip- ment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises which does not comply with the require- ments of this chapter. . SECTION 602 HEATING FACILITIES 602.1 Facilities required. Heating facilities shall be provided in structures as required by this section. 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room tempera- ture of 68DP (20DC) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used to provide space heating to meet the requirements of this section. Exception: In areas where the average monthly tempera- ture is above 30DP (-1 DC), a minimum temperature of 65DP (l8DC) shall be maintained. 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from [DATE] to [DATE] to maintain a temperature of not less than 68DP (20DC) in all habitable rooms, bathrooms, and toilet rooms. Exceptions: 1. When the outdoor temperature is below the winter outdoor design temperature for the locality, mainte- nance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code. 2. In areas where the average monthly temperature is above 300P (-1 DC) a minimum temperature of 650P (l80C) shall be maintained. 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from [DATE] to [DATE] to maintain a temperature of not less than 650P (180C) during the period the spaces are occupied. . 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@ Exceptions: 1. Processing, storage and operation areas that require cooling or special temperature conditions. 2. Areas in which persons are primarily engaged in vig- orous physical activities. 602.5 Room temperature measurement. The required room temperatures shall be measured 3 feet (914 mm) above the floor near the center of the room and 2 feet (610 mm) inward from the center of each exterior wall. SECTION 603 MECHANICAL EQUIPMENT 603.1 Mechanical appliances. All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. 603.2 Removal of combustion products. All fuel-burning equipment and appliances shall be connected to an approved chimney or vent. - Exception: Puel-burning equipment and appliances which are labeled for unvented operation. 603.3 Clearances. All required clearances to combustible materials shall be maintained. 603.4 Safety controls. All safety controls for fuel-burning equipment shall be maintained in effective operation. 603.5 Combustion air. A supply of air for complete combus- tion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment. 603.6 Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel-burning appli- ance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved. SECTION 604 ELECTR.ICAL FACILITIES 604.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 605. 604.2 Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with the ICe Electrical Code. Dwelling units shall be served by a three-wire, 120/240 volt, single- 17 MECHANICAL AND ELECTRICAL REQUIREMENTS phase electrical service having a rating of flot less than 60 amperes. 604.3 Electrical s)'stem hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occu- pants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code oflicial shall require the defects to be corrected to eliminate the hazard. SECTION 605 ELECTRICAL EQUIPMENT 605.1 Installation. All electrical equipment wiring and appli- ances shall be properly installed and maintained in a safe and approved manner. 605.2 Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground fault circuit inter- rupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. I 605.3 Luminaires. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and fur- I nace room shall contain at least one electric luminaire. SECTION 606 ELEVATORS, ESCALATORS AND DUMBWAITERS 606.1 General. Elevators, dumbwaiters and escalators shall be I maintained in compliance with ASME A17.1. The- most cur- .. rent certification of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, or the certificate shall be available for public inspection in the I office of the building operator. The inspection and tests shall be performed at not less than the periodical intervals listed in ASME A17.J, Appendix N, except where otherwise specified by the authority having jurisdiction. 606.2 Elevators. In buildings equipped with passenger eleva- tors, at least one elevator shall be maintained in operation at all times when the building is occupied. Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing. SECTION 607 DUCT SYSTEMS 607.1 General. Duct systems shall be maintained free of obstructions and shall be capable of performing the required function. 18 . . . ?nn-=:: IMT~D~IATII"'\"'IA' _______~.... h_~___ __ . CHAPTER 7 FIRE SAFETY REQUIREMENTS SECTION 701 GENERAL 701.1 Scope. The provisions of this chapter shall govern,the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and. equipment to be provided. 701.2 Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in com- pliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any pre- mises that do not comply with the requirements of this chapter. [F] SECTION 702 MEANS OF EGRESS . 702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the Inter- national Fire Code. 702.2 Aisles. The required width of aisles in accordance with the International Fire Code shall be unobstructed. 702.3 Locked doors. All means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the International Building Code. 702.4 Emergency escape openings. Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction, and the following. Required emergency escape and rescue openings shall be oper- ational from the inside of the room without the use of keys or tools. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape and rescue openings provided the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and rescue opening. [F] SECTION 703 FIRE-RESISTANCE RATINGS . 703.1 Fire-resistance-rated assemblies. The required fire- resistance rating of fire-resistance-rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained. 703.2 Opening protectives. Required opening. protectives shall be maintained in an operative condition. All fire and smokestop doors shall be maintained in operable condition. 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@ Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable. [F] SECTION 704 FIRE PROTECTION SYSTEMS 704.1 General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any com- bination thereof shan be maintained in an operable condition at all times in accordance with the International Fire Code. 704.2 Smoke alarms. Single or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and in dwellings not regulated in Group R occupancies, regardless of occupant load at all of the following locations: 1. On the ceiling or wall outside of each separate sleeping area in ~he immediate vicinity of bedrooms. 2. In each room used for sleeping purposes. 3. In each story within a dwelling unit, including basements and cellars but not including crawl spaces and uninhabit- able attics. In dwellings or dwelling units with split lev- els and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. Single or multiple-station smoke alarms shall be installed in other groups in accordance with the International Fire Code. 704.3 Power source. In Group R occupancies and in dwellings not reguiated as Group R occupancies, single-station smoke alarms shall receive their primary power from the building wir- ing provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection. Exception: Smoke alarms are permitted to be solely battery operated in buildings where no construction is taking place, buildings that are not served from a commercial power source and in existing areas of buildings undergoing alter- ations or repairs that do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for building wiring without the removal of interior finishes. 704.4 Interconnection. Where more than one smoke alarm is required to be installed within an individual dwelling unit in Group R-2, R-3, R-4 and in dwellings not regulated as Group R occupancies, the smoke alarms shall be interconnected in such 19 FIRE SAFETY REQUIREMENTS a manner that the activation of one alarm will activate all of the alarms in the individual unit. The alarm shall be clearly audible in all bedrooms over background noise levels with all interven- ing doors closed. Exceptions: 1. Interconnection is not required in buildings which are not undergoing alterations, repairs, or constmction of any kind. 2. Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes expos- . ing the structure, unless there is an attic, crawl space or basement available which could provide access for inter- connection without the removal of interior finishes. 20 2006 INTERNATIONAL PROPERTY MAINTENANCE CODE@ . . . DATE SUBMITTED: 06-06-07 BILL # 01--, S-s AGENDA BILL CITY OF BREMERTON CITY COUNCIL 18 ........................................................................................ SUBJECT: Public Hearing on Ordinance No. 50 (0 adopting the International Fire Code. with local amendments. Committee Meeting Date: 06-11-07 COUNCIL MEETING ate: 06-20-07 Department: Fire Presenter: Al Duke. Fire Chief Phone: 473-5381 SUlVIMARY: Pursuant to Chapter 19.27 RCW. the 2006 edition of the International Fire Code. as adopted by the State of Washington. applies to all cities. including the City of Bremerton, effective July 1,2007. The proposed ordinance amends the Bremerton Municipal Code to adopt the 2006 Intemational Fire Code with local amendments. ATTACHMENTS: Proposed Ordinance # 501 (0 FISCAL IMPACTS (Include Budgeted Amount): None APPRO V ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA D GENERAL BUSINESS D PUBLIC HEARING RECOMMENDED MOTION: I move to pass Ordinance No. 50 l <0 adopting the 2006 edition of the International Fire Code including local amendments. COUNCIL ACTION: D Approve 0 Deny 0 Table o Continue 0 No Action ~ ORDINANCE NO. 5016 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Title 18 of the Bremerton Municipal Code to adopt the 2006 edition of the International Fire Code, as amended by the Washington State Building Code Council in Chapter 51-54 of the Washington Administrative Code ("WAC"); and to make other housekeeping amendments. WHEREAS, the City adopted the state 2003 International Fire Code as Title 18 of the Bremerton Municipal Code; and WHEREAS, the 2003 International Fire Code has been updated with the publication of the 2006 International Fire Code; and WHEREAS, in addition to adopting the 2006 International Building Code additional changes are needed to Title 18 of the Bremerton Municipal Code; 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 "Ci~y Fire Code" is hereby amended 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 recognized 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 life or property in the use of occupancy of buildings or premises. 18.02.020 FIRE CODE - ADOPTED. In accordance with Ch. 19.27 RCW, the International Fire Code, 2(')(}-3-2006 edition, published by the Intemational 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 Chapter 51-54 of the Washington Administrative Code ("WAC"), and International Fire Code, 1(}m.2006 edition appendices B, C, 0, 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 fi Ie with the City's fire code official. International Fire Code - Amendments 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 this Chapter, 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 ofthe 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 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 - Tern/. 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. 2 International Fire Code - Amendments (e) Board ofappeals. 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, company or corporation 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 or building system 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, or operates without such permit, 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 :fu.ttf general definitions: APW A is the American Public Works Association. A WW A is the American W ater Works Association. OCCUP ANCY CLASSIFICATION RESIDENTIAL GROUP R; R-2 shall also include 'rownhomes/Rowhouses PRIV ATE HYDRANT 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. REMODEL is the huilding or buildings in CJuestion will have more !llmLj_Q..(~::QA-.!ll..~.l.W!5.0.. squarcl~29tage of fire area structuralll remodeled. improved and/or othcl'\visc reconditioned or, two or more !..U..illilLhuildinR svstcms improved or otherwisc rcconditioncd within ~l.lJY 6Q..J..1]~1D..!h time pcriod. iVlajor buildil1!.~ svslems include but arc L1...~~LL!l1...i.1'<;..~!Ji~_ Wa tef. S e\yer>......:.'-; t orm. o ul1!1cLPl1!.!XLbi nLF \ect ri c1:11 II \~.t\ CJjHl nda ti.0..!J..c S tLuct lira I m~m..bcG'h 3 International Fire Code - Amendments Exceptions. Maintenance. cneruv conscrvmion and cosmetic D.lmrOVCl11cnts @~ not COIJ5jclcrcd strllclliral rCIl1Qdels. 18.02.050 AMENDMENTS TO THE INTERNATIONAL FIRE CODE- SECTION 311 VACANT PREMISES. The 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 premises (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: I. 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 (41 IS mm). 2. In the immediate vicinity of any building or portion thereof in excess of 28 feet in height, the fire apparatus access road 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). 4 International Fire Code - A III en dill en ts 3. At least one of the required fire apparatus access roads shall be located a minimum of 15 feet and a maximum of 25 feet from each building on the premises 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 Illtemational 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 constructed 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 ~35 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: See 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: 5 International Fire Code - Amendments 1. Curbs shall be identi fied by red traffic paint with a 6 inch wide stripe on the top and front, extending the length of the designated fire lane. 2. Rolled curbs shall be identified by red 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 measured perpendicular from the red 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 1 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: I. 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 nm 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 I marking. 503.3.4 Street or Road Signs. Street or road signs shall 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 6 Il1ternatiol1al Fire Code - Amel1dmel1ts Hny-7Q.-IHtHllh+illh?--I'1eFi{)EI-;-Addi-ttOHs-tfHlH-e-X-tstiHg--SlHI€,fUH?-shaJ.l-he €HI1Stdel:ed-new---eOllS1HI€tioH-and-s-ubje€-t--tt.H-he---pmv-i-si-ons-of-tht-s seetiOll-:--I-f-H"ld-tlctHI1S-le-i:H-l-€-:X-tstmg-s-lFH€lHfe--€HII-St~-hUHdi-ng;-+H-ll1€€l Ihe--C1re-a~lUml'1e-H.+I':".{qOHF-J.e-V-e-I~-Hf--\:lHtts-thHt-\-VHU.j.d-sUI~te€-l--it-1It'W l,}Hi~El~+Ig-tH--the--ft'qHire-me-nts-of--thi-s-seeI1Ht'b-tllB-t'ntife--huilding--WH.f theH--be--ft'Ejuired-to--€HtHp-Iy-witlt--t.J..lis-seet-it'Hr.- rh e p 1\2 vis i 0 J 1 S 0 f I Il~ ~D)scct0.!!--,"l1all apn.b! if. the building or buildings il!_mlesl.i~_:l1l wLU have _J.mm:: than 50% of the gross sq~lare footage 0 t' the fire area .structurallv remodeled. improved or otherwise reconditioned and/or. tW(L...S~-.1:nore J.nillQr building systems irm1.roved or otherwise reconditioned within any 60 month time period. Maior building: systems include but are not limited to: 'NateI'. sewer. storm. or other plumbinQ, electrical, HV AC. foundation, and structural members. Exceptions: 1 . Group U occupancies. 2. Maintenance. energy conservation and cosmetic improvements are not considered structural remodels. (g) Premise Identification. Section 505 of the International Fire Code, entitled "Premise Identification" is amended by adding the following new subsection 505.1.1: 505.1.1 Address numbers for Commercial Buildings. Address numbers for commercial buildings shall be 1 r and contrast with the backg:round. Individual unit/suite or space numbers or letter shall be 6" in size and contrasting with the background and visible from !.b.e ap.QlJ;~ach side or angl~ Ilousing developments which contain Ion or more dwelling units which alley ways are or may be used for access to dwelling: units shall have a 4" minimum house numbers including street designation included. The street designation may be a smaller size, but no less than 2" in size. Example: 1234 Washington Ave n 50" from ~;trect or le~,s: 6 12" mirufH-I:ItTI height; 50' te-t-Q(}'-ffOfH--.:'it:reeF. +1-+8-'!-nrHrHH-I:Iffi--he-ight; More-tllitn 1 00' tffim--Stre~4~--H1:.j.H.j.H1t1ffi 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 8 International Fire Code - Amendments posted within 30 days after recelvlllg approval fi'om the City of Bremel10n Engineering Depat1ment. 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/Private Road Access and Sprinkler Requirements. In the event the number of R division 3 or U occupancies exceeds two, the maximum number allowed off a drivewaymrivate road will be 9 if a residential fire sprinkler system is installed in each new structure. (f) Access to building 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. 6. =rhe-pl'twisioflS-04c...t-hts-suhs€elittft--sh-al-l-ap-p-l-y-if,-at-----the tit1te-t-rf--t-he---+ifs{-p-e-fl-ll-i-t-a-p-p-l-ieal--KJR,-----tlh?-€Htl-Aty-aSS€ s-se4--v-all:lal--i-Ht1-ft}f tht,-hHi-ttli-HgtstsHh.t-e€HH--{he--per-t11-i--t--af7j'}J-i-eat~-HH---wi_ll--it1€-I'€a~l..hY-+l1f1f€ thtttt--S(f-pef€€nt-du€-tH----alteral-ttHl-S--Hf-f€pai-fs--tH---thH!u-i-l-Eling(---s--)-w-i-thi-t-l 7 lllfernational Fire Code -- Amendments hydrant that does conform to the standards and requirements of this section. (i) Fire protection water supplies - JYhere 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) (j) 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: See 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 latefrt---currently adopted NFP A, APW A, or A WW A standards. In addition, unless modified by written decision of the fire code official, the following requirements shall apply to all building construction projects: 1. All fire hydrant plpmg, 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 pennit 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 9 Illternatiollal Fire Code - Amelldmellts 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. All 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 fire flow over and above average maximum demands at the farthest point of the installation except with fire 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, "0" ring stem seal, two 2Yz inch national standard thread hose ports, one 4Yz inch steamer port with national standard threads or otherwise determined by the fire code official. In addition, all hydrants shall meet A WW A 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 and when required bv the fire code offkia!, locking Storz caps. 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 fire 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. 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 watcr connection system will be available for use. 14. All hydrants shall meet City of Bremcrton Hydrant Identification standards as established by the fire code official. (k) Fire protection water supplies - Notification. Scction 508 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by adding a new subsection 508.6 as follows: 10 IlIternatiollal Fire Code - Amelldments Sec. 508.6 Notification. The owner of property on which private hydrants are located and the public agencies that own or control public hydrants mLlst 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, all water mains in any proj ect 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. (n) Fire department access to equipment - Identification. Section 510 of the International 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 I I Illtematiolla! Fire Code - A mell dmell ts 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 fire protection system it serves and the building areas served. 5. All main control valves and sectional valves for water-based fire 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 ofthe International Fire Code, entitled "General," are adopted and incorporated into the International Fire Code: (a) ,Fire protection systems - Scope and application. Section 901 of the International Fire Code, entitled "General," is amended by substituting subsection 901.1 with the following: Sec. 901.1 Scope-tHld applit'tl-t=ffin. 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. (b) Fire protection systems - Alterations, repairs, and additions. Section 901 of the International Fire Code, entitled "General," is amended by adding a new subsection 901.1.1 as follows: Sec. 901.1.1 Alterations, repairs, and additions. ~pro-vts-i-ens-ef thi~; ~;ulx;ection shall apply if. at the time of the fit'st permi-t Hrf}I-tBatt{}It;--t-he--€HHHty a~; ~;e~; ~;ed \' u tHHt-j.eH.4f-}HRe-l7Hi-l-4j.fl:gfst-s-u~'-€f te,+11t.-"-pefHril-ilr)rliBltlion-wi-U-iH€fe-ase-ey-n1{}H....tflilR-5G..pe-f€Bnt-eUtHH atlBHtlions-E)F-fe-pairs-te-4'he-t)tli1diJlgfsj-wi+hin-any-1()-m.oHt-h-t-ime- pefl(*h...Ih9_E[ovisioI1S Qf th~--"s.ubsection sh~!llill!'plv if the building or buildim.'.s in question will have more than 50% oflhe gross square h)otage of fire area structural Iv remodeled. improved and/or ~1ber\Vjse reconditioned oL_l~L.J)r more Inillor buildiLW systems iD:m,[Qy.t;_cLi?J:_QlltQ~Y i se ..J}.~.0.Ils1iJio ncd ,,,[j.h i 1J__ill1L0SLnw nth t i ] 1l~ period. Maior blli,ldi1lli... systems incl~k.:._bllt are noj-'i!12ited to: WS.IJ.I:'..r:..:..._.....:c"lcwt;L_5torn...l., or other plumbing. ElccJrical. HVAC. 12 Illternatiollal Fire Code- Amelldmellts Foundation. Structural mcmbers. 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. Exceptions. iv1aintcnancc. cnerl2,v conservation and cosmctic improvements are not considered structural remodels. iSL__ Bllildings Vacant Ii)!' one veal' or more. ~ection 901 of the International Fire Docf9._, ('ntitlc "Genera!." is amended bv adding a new slibsection 901.1.2 as follows: Sec. 901.1.2 Buildings V.leant for one yr.))' or more. Buildings. structures or significant portions thereof vacant for one year or more shall be brought up to current code rel.!ardiT1ll fire protection systems, prior to issuing occupancv. (€g) Fire protection systems - Standards. Section 901 ofthe 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 with the National Fire Protection Association ("NFP A") standards listed in Table 901.6.1 below. Table 901.6.1 FIRE PROTECTION SYSTEM MAINTENANCE STANDARDS SYSTEM STANDARD Carbon dioxide fire-extinguishing systems NFP A 12 Clean agent fire-extinguishing systems NFPA 2001 Dry chemical fire-extinguishing systems NFP A 17 Emergency power systems NFPA 110 & NFP AlII Fire alarm systems NFP A 72 Fire doors NFP A 80 Foam fire-extinguishing systems NFP A 11 Halogenated fire-extinguishing systems NFPA 12A Smoke-control systems NFP A 92A Underground fire lines and hydrants NFP A 25 Water-based fire protection systems NFP A 25 Water-mist systems NFPA 750 Wet chemical fire-extinguishing systems NFPA 17A 13 Intemational Fire Code - Amendments (d.sJ Fire protection systems - Records. Section 90 I of the International Fire Code, entitled "General," is amendcd 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. A coPy of all S\istcm inspections shall be maintained in a tbrel,?.::}ing l)inder or otherl~)lder t\iDe cove}' and located at the tire 9..lar~l!1!l.~!ll.J!anel oL.other approved locatioLL (el) Fire Protection Systems - Definitions. Section 902 of the International Fire Code, entitled "Definitions," is amended by adding the following Hwee definitions: F'IRI~ AI~I~A. 'file total area from all noors enclosed bv the outcr most exterior walls commonly understood to be the perimeter of the .building. When a building or structure has an outdoor courtyard or garden. without an exit to a public wav. this area shall be includecl in the fi re area. --- FIRE FLOW. A measure of the sustained flow of available water for firefighting at a specific building or within a specific area at 20 pounds-per-square-inch 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 wal1.(make sure to check with building code) LIFE SAFETY RESCUE ACCESS. Unobstructed access to all noor 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 I stairway enclosure with exit doorways from each noor level and with a door opening onto each roof level which conforms to the requirements of the International Building Code. 14 IlItematiollal Fire Code - Amelldmellts 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," arc 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. Exception: Group U Occupancies. 2. All new or remodeled 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 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. When this exemption is utilized. the separation wall must separate occupancy tvpes by different ownership or tax parcels. (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-I, 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 - Where required. Section 903 of the International 15 InternatiollalFire Code - Amelldmellts Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection 903.2.1.1 with the following: Sec. 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: I. The gross fire area of the building exceeds 10,000 square feet. 2. 3. exit discharge. 4. The fire area contains a multi-theater complex. 5. Dance halls where the total gross floor area exceeds 5,000 square feet (465 m2). The fire area has an occupant load ofJOO or more. The fire area is located on a floor other than the level of (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: 16 Interuational Fire Code - Amendments 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 pmiicipant 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. (g) Automatic sprinkler systems - 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 anyone day. A minimum water supply meeting the requirements ofNFP-A--lJ- International Fire Code Appendix 13 shall be required. The fire code official may reduce fire flow requirements for buildings protected by an approved automatic sprinkler system. Mf-the-pHrpo ~]e 0 f t hi-s--Beet-ioo. ad di ti 0 ns ex eeeffittg---6G percent of the a~;~;e~;~;cd ';alue of such building or structure, or atte1'afH':Hls-aH~-rt'f1aH:s-to-al1 y po rt i-oH-t)f a b 1I i I din g 0 r ~; tfH€-t-uFe-wi#HH tt---tWt'lVe-lTlo-Ht-h-peFiod.-.tha-t-.ex€-ee~-l-GO--f1er€tm-hlHhe--vaklt'--O-f-tH:lE,41 bH+I{+~Hg--B-f--5fRJ€tufe-4a+I-be-E,'Onsi~ert'EI-'Hew-€HR5-fRJ€-ti{)fl-;- --Il~ 12!~)V i s i 9n S Q f lbi S ~l h sec t i 012...5 h ~ill..illml y i 1: t 11 e-.pJ:!iliiLULQIj111 i I d i n~ i.!L.~U!~5tion \vill have more than 5 ()l;;() of the uross square footage of rhe lire mea structurally remodeled. improved or other'vVise reconditioned and/or. two oLIlF're major buildiI1gJl,vstClTI.s improved ~~L.Q1hcrw.L~_rec()]~itiol}.fQ withi!.lJ.!!w 6Q_B.!S2!1J.b time pcrio(i..-Ma~2!: l'llUding S}~'i!ell1s include l)ut arc not lirll!!5:..9 to: WqtcL....Scwcr. 5J.~~!.:.!J:hJ2!:.J.illJS;L.l)lllllilij.!Jg,.J)cdri ca L \-I V AC. Foundation. S trllctural 17 International Fire Code - Amendments !l2~lllbers. 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~ 3. Maintenance. energy conservation and improvemcnts are not considcrcd structural rcmodels. When not required by other provisions of this chapter, a fire- extinguishing system installed in accordance with NFP A 13 may be used for increases and substitutions allowed in Section 504.2, 506.3, and Table 601 of the building code. cosmetic -- (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 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. (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: 1. Where the fire area of the building exceeds 10,000 square feet; or 2. Where a Group HM fire area is located more than three stories above grade. U) Automatic sprinkler systems - Speculative use warehouses. Section 903 of the Internatio/lal 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: 18 Intemational Fire Code - Amendments 1. 1 feet (520 m-). 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. The design area shall be not less than 5,600 square (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-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-l 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-l fire area is located more than three stories above grade. (1) Automatic sprinkler systems - Where required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting addinl!. the following; subsection~ to 903.2.7 with the folh)'.';ing: Sec. 903.2.7 Group R An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area" except as provided in Section 903.2.10. Sec. 903.2.7.1 Existing Group R-l and R-2 buildings shall install a full fire sprinkler system when anvone of the following occurs: (1) Afire occurs which migrates from the unit of origin to involve a neighboring unit. (2) Two or more separate fires occur, which requires a fire ~IfRartment response, in the same complex \vithin a t\""O year spano Sec. 903.2.7.2 Sprinkler heads in kitchens shall be installed (on the ceiling) with at least on sprinkle head no more than ~:l: feet out from the front of the stove top. (m) Automatic sprinkler svstems - Section 903 of the IlItematior/(/l Fire Code. entitled ~!\uJQn1atie fu}[inkler fur5tc~l1S." is amended hv substituting subsection 903.3.1.1.1 \vithJ:hc III Ilo\vi n (): -....---.-..-.--_.Cl;:;._ Sl'e. 903.3.1.1.1 Exempt locations. WI1l'n approved. automatic :-;PlJI1IJs.'Ls shn!l__LlQ.U~'_recu0 rccllllIII c 1'<) Ilowi ng rOOIJJBJ2IJIl'e:1S where 19 International Fire Code - Amendments such rooms or art:as are DJ"otected with an <!lllirOved automatic lire ~letec.tiQlL'i):5tel11 in accorchlllce with Sectioll <)07.2 that will respond .Ii) visjhlc 9l...jnvi-".;;j.bl~_Dll!1iclcsQLcolllbL1Bion_=_...:c'i12!:.inU~x.5 shall not b~ ~Hnitled Il~omJ:}!lY room mere]\, because it is damp. of [ire-resistance rated construction or contains electrical equipment. L___-0nv room where the arplication of water. or !lame ~Hld ,valcr. constitutes. a ser!..9us life o!Jlrc haz'lI..d. ') Any room or space where sprinklers are considered undesirable because of the nature of the eontcnts, \vhen approved by the tire code official. 3. Gcnerator and transformer rooms serarated from the remainder of the building by walls and tloor/ceiling or roof/ceiling assemblies having a lire-resistance rating of not less than 2 hours. 4. In rooms or areas that are of noncombustible construction \vith wh~noncombustible contents. LU)__.-!1utomatic sprinkler .\'vstems -- Section 903 of the International Fire Code, entitled ~6utomjlJic...fuJrinkler Svstems~is amended by substituting subsection 903.3.1.2.1 with the following;. Sec. 903.3.1.2.1 Balconies and decks. Sprinkler protection shall be llr9vided for exterior balconies, decks and ground floor patios of dwelling units. All spaces in excess of 10 square feet shall be provided with sprinkler coverage. 0L-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 fire department connection locations (ED.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 from a fire hydrant. ED. C. 's and tire-hydrant-s--shalf-be----tHeate(+--BH--1:t1e-s-ame--side-t,f=--aR appncwed-appararus---ae€ess-roa(-h-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 I 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 20 Intemational Fire Code - Amendments 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, carp0l1s, garages, refuse storage containers, fences, landscaping or other obscuring features. F.D.C.'s shall be provided with tight fitting threaded caps or Knox type lockable caps. (12Ft) Automatic sprinkler systems - Alarms. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting subsection 903.4.2 \vith the following: Sec. 903.4.2 Alarms - Exterior notification. Approved audible alam1 devices shall be cOlli1ected to every automatic sprinkler system. Such sprinkler water-flow alann 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: NFP A 13D and NFP A 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 NFP A 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. When a ?trllcture exceeds one floor, a now switch shall be provided for each floor. A flow alarm shall be identified bv floor. Exception: NFPA 13D and NFPA l1R 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. w---.-!.lutomatic ,sprinkler svs/ems - Section 903 or-the International Fire Code. entitled ~'6c\"~}n);]_~i.LS.l!.!t!}_k I e r5 y s t enlS., " is a 111 e n. d ed QY...:?Jl.Q s t t t II tl.!JK5.!!!25ec t i 0-'l.9..QJ~3...3vi t hc...1.b.Q f()llowino; ...---------= Sec. 903A.3 Floor control valves. Approved sLlpervised indicating ~.~W.l:.ol_ va!ve~~hilll be nrovidcdjlt the point of connection to the riser on each floor. 18.02.090 AMENDMENTS TO THE INTERNATIONAL FIRE CODE- 21 International Fire Code - Amendments 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: tal Fire alarm and c!t'lcctio/l ,,'\'slell1s General. Section 907 oJ the IlIIcrl/aliol/ul U/:.f~J,!!_cl.~~_mj!lyd "Fire Alarm aDiLJ)eJ~f.tion Svskm~." is amended to add the rollowLng to :?i~I:~0S~\:Jls) nj)D]-,-LJ~ Sec. 907.1.1 Construction documents. 12. A Bremertoll Fire department submittal checklist L1. A coPY or the devlcelzone man 14. Fire alarm systems which contain 25 or more SLCfNAC devices com bined. shall be submitted on no less than 11 x 17 sized drawings and Ijg"=1' scale with a digital coPY orthe design in DWCT, DWF 9X_qJJ1.~'T m!J)I'()Vcd format. (PDF are not acceptable) w----I2i+'e-alaf'm-and (let/x/ion .<,}'sfems Cencml. Section 907 orthe lntemational: Fif'e--<:~jd~nti-tle-a-'.:f:.ire AlarnraI1d-f}e-te-otie-H-&y*f}~i.s--ame-ooed-t&-add-5tlOOee-tiBH--9~ a-s-4e.tlews-;- See 907.1.3 Fire detection system. In addition to any reqGirclReflt ef-stlOOeotie-n 907.2 or 907.3, all occupancic:; excc.>eatng '1,000 :;quare fee-t-gres-s-Jleef--H:l'OO----Stlall-be-reqtl.ireti-tB-trrev-iEle-afl-at}f7fHve-a aEk-lf.es.s-abte-attk:Hllli8:e-fire d etecti on sy stc III to rneet-----NF P A 72 requirement;. Fire walls as noted in the International Buildi:1g Code shall not be-€fHtSidered to :;eparate a building to enable deletion of the fetttltfe-d-4~re--deteotiot1-s_y-s-tefft-tHtl-e55-tfle-f.i-fe-wa1l5-af(.,,-Hs_EidiHe4_tR s-e€-tien 902 of this code. E-x~e-ptio.nst I. Group U Occupuncie:;. ;h-Ge-e-upane-ies-cpr-ote-e-reMltfHugl1HHt-by-an-HPf7fe-ved/fHBniffireEI autBHlli8:€-Slmnk leI' s y stem-tan-delete he at detet..'4€H's-HeH'l-tfle SySk~ ~1€-aHEl-+w{r-fufH+IY--H..a.sffiffi€{''5-: 4.,--:t=hos-e--huikl.iHg5--1hat--i't'qui-fe-l-O..-or---lesS--11fe---al-arnl---devises- purstlanHe--9l:-).:{'~-; (b) Fire alarm and detection systems - Where Required. Section 907 of the Inlemational Fire Code, entitled "Fire Alarm and Detection Systems," is amended by substituting subsection 907.2 with the following: Sec. 907.2 W here req u ired. tH-HEkfit-i Hn--t(}-+I'k'--I~ltllirenH:'+lts--sBt--fE7Ftcfl in--,<';ee-ttons--9H:{,..,..2-.+-thfHu-gh-9(-)7 . :2 . 2J , a !.ill new all d rc 111 o..\:kL~i 22 Intemational Fire Code - Amendments oc cup an c i es (}f-GH'H:lps-l\,-I"h-E",F,-1"I-;-h-rvl,-I-h-and,~vith:j.H--ne'\\'-H-F exi-sting-hHj.ldings-Hf---s-t-HI€lUH~S~--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 alall11 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 alam1 system, automatic heat detection requirements of this section may be modified upon specific approval by the fire code official. Exceptions: I. (Jroup 1) Occl!l'ancies. 2. Occupancies protected throuQhout bv an apj2roved/monitored automatic sprinkler svstem can delete heat detectors from the system. 3. One and two t'amiIYJ'csidences. 4. 'fhose buildings that requirc 10 or less fire alarm devices pursuant to 907.2 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. Smoke detection shall be placed in: 1. Hallwavs, corridors, exit passages and all other primarv egress components 2. Above the fire alarm panel and all annuciator panels 3. Rooms, assembly areas or other spaces which exceeds 400 square feet lleat detection shall be placed in all areas not coycred by smoke detection. Exception: BuildinQs equipped \-\lith a fire sprinkler system. A fullv functional enunciatQIJlanel shall be placed at the main entrance(s) and fire snrink1erJoonlLll Graphic enunciators shall be utilized in all highrises and schools. S.biclded tire alarm cable sll!:!.ll be utilized au.~luired__by the fire code official. --.---- 23 Intemational Fire Code - Amendments l?re,,?criptive smqke detector p1!ccmcnt shall utilize I~\ble 5.6.5.5.l f[QJ~lJ...J::,iFP A_...ll_2DJ)2 ~~lition _ when ccilin~JJeigbts__~~~s;_ecd 1 ()'~ Et~5C rin t i v c SJ..'D~~bDl e te <2.!nL_Jili1se III en L.sLw_s1...ils.! ce to rs s h ~lll not e:\ceed 3()" in hcit.'.hL Beam detectors shall be utilized in conlplcx designs and ceilint.'.s in c:\ccss of 30'. [r;...L...___11LC!..Jllal'fJl (lnd de If...L.: I i(}jJ svsfJ..~II1L...J?elroa(!l~visihle...!J.!!1ij)c(ll ion. Section 9020 r LbsLl!.!.1.fflUJJi..O!l{!lj'ire cocje, entitled '~Fir~6.lan.I!.....<!.nd Detection Svstelll:.'i:" is amended to acid ~uhse~JiQ!l 907.ljlJ.J1s follows: Sec. 907.1 0.3 RctroHctivc R-2 visiblc no.incH.ion. At the request of the tell~lnL the building owner sl}alLr.eplace an existing audible device to an audib!e/visible device to assist hearing impaired tenants. Buildtng owners are not required to otherwise change or modify tire alarm systems if due to design or device placement this option is not feasible. (tog) 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 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. (a~) Fire alarm and detection systems - Monitoring. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by substituting subsection 907.15 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 NFP A 72 shall monitor fire alarm systems. Exception: Supervisory service is not required for: 1. Single-and multiple-station smoke alanns required by Section 907.2.10. 2. Smoke detectors in Group 1-3 occupancies. 3. Automatic sprinkler systems in one- and two-family dwellings. 24 l/ltematio/lal Fire Code - Amendme/lts 4. Those existing R- I and R-2 occupancies that are addressed by section 18.03.120(a) of the Bremerton Municipal Code. (el) Fire alarll/ and detection systems - Monitoring. Section 907 of the Intemational 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, 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. (fg) Fire alarm and detection systems - Monitoring. Section 907 of the Intemational 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 fire 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 fire code official. (gh) 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!:! 907.22,907.23.907.24, and 907.24.1: Sec. 907.22. Instructions. Written operating instructions for the fire 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. Sec. 907.23. Designer Qualifications. Pcrsons who design lire ~~@rm svstcl11s_511~t11 bc cithcr a firc P.1.:0tccJ.jDn cngineer rcgistered by thc State of WashirU;.1~)t1 or NICE'I' HI and curn.::nt with atl continuing education and tmininQ l~cquire bv NICET. Thc dcsiQncr must be N I~]~~[J_LJ:.YJl!ly~,-lJiDJLl!ld N.!.Ltn:JILbl' January 1.2009, 25 International Fire Code - Amendments Sec. 907 .24. Installer Quali fications. Persons who install fi re alarm svst~ms._l~lEillJ2-eJlce.!l~d bV~1e 2!!:!lI::~?J Was.bl.!J.gJon in low volta~~ L\Jfl1ir)Ce sl}j!lLJ!Qt he <lllowcd to inslaI1.11vol!.L..sle~iu:n_QL9J!l~rwise \\\)...rk...i2!1 a lirc _a1<)I.!ll_o.';ystel11. new or existing. \vithout direct onsite supervision of the trainees work. Jrainees are not-Rermitted t~~ perform an\' work unsl!pcrvised. 907.24.1 NICKI' II. July 1. 2008 all fire alarm installers. ck8gners. testers or anY..J)erson who mai ntains or otherwise mod i fies ID:~_alal'!:!1 syste...!11s sh<.!l..L....h.~.NICET_!L..with current continuillli ~i:!.!:lcatio!1 a!1d traillh!& 18.02.095 AMENDENTS TO THE INTI':JlNATIONAL FIRE COllE- SECTION 9]3 FIRE PlJMPS. Jhel9llowing local amendments to Section 913 of the International Fire Code. entitled "Fire Pumps," are adopted and incorporated into the International F'ire Code: (a) Fire Pumps - Section 913 of the International Fire Code is amended bv addinK a n.cz...1:y-",~ubscction 913.2. 1: Sec.913.2.1 Fire pumps utilizing electric drivers shall provide a back-up power supplv. Exception: In F and S occupancies when the normal occupant lQ9:~L..9ocs not exceed 15. the occupancv would normallv be vacated during power outages and with the fire code ofticial's approval. 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 Safety During Construction and Demolition," is hereby adopted and incorporated into the International Fire Code as if fully set forth therein. (a) Water supply for fire protection - When required. Section 1412 of the International Fire Code, entitled "Water Supply for Fire Protection," is amended by substituting subsection 1412.1 with the following: Sec. 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 26 [Ilte,."atiolla! Fire Code - A 111 ell d11l ell ts 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 2704.3.1 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 of the 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. 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 27 Illternatiollal Fire Code - Amelldmellts 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 shall 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. FLOA T 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 water, supported by pillars or piles, and used as a landing place, pleasure pavilion or similar purpose. 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. 28 IllternatiolUtl Fire Code - Amelldmellts 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 111 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. 4604.2 Standpipes. Marinas and boat yards shall be equipped throughout with standpipe systems in accordance with following: I. All portions of floats exceeding ISO' in distance from the point of fire apparatus access shall be provided with an approved dry standpipe system, installed in confomlity with NFP A 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 Yz" to I ~" 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. 29 International Fire Code - Amendments 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. 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 DIOJ of the International Fire Code, entitled "Minimum specifications," is amended by substituting subsection DI03.2 with the following: Sec. 0103.2 Grade. Fire apparatus access roads shall not exceed B ~percent longitudinal and/or 6 percent laterally in grade. Approach and depaliure angle for fire apparatus access shall be as detennined 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. 30 InternatiOlwl Fire Code - Amendments (b) Minill/uII/ specifications - Turning radius. Section D1 03 of the !nternational Fire Code, entitled "Minimum specifications," is amended by substituting subsection D 103.3 with the following: Sec. DJ 03.3 Turning radius. The fire apparatus access road shall have a 23 foot minimum inside tuming radius and a 45 foot minimum outside tuming radius. (c) Fire Apparatus Access Road Gates,. Section D 1 03.5 of the International Fire Code, entitled ". Fire Apparatus Access Road Gates," is amended by substituting subsection DI03.5.1 with the following: Sec. DI03.5.1. The minimum gate width shall be 14 feet. 18.02.150 FIRE CODES - FEES. The fees to be assessed for the codes adopted in this Chapter shall be as set forth in BMC 3:01.060 Fire Department - Rate Table E, as currently enacted or as hereafter amended 18.02.160 CITY OF BREMERTON FALSE ALARM CODE. (a) For the purposes ofthis 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 of transmitting fire alarms to the fire department. (d) Nothing in this Section shall prohibit the sounding of any such signal essential for the carrying out of any system maintenance or fire drill. The fire code official, his designated 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 alam1 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 refelTed 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 ($100.00) shall be charged. (3) For a fire depmimcnt rcsponse to a premises for threc or more OCCUlTcnces within any six month period, a fee of Two Hundred Dollars ($200.00) shall be charged for each occun'ence. L:1.L_-8)[ qJ:irc [k12{!!:1111~t1t I'CSJ2Qt1SC to aJlrcl11isc~ caL15ccLbv an alarm caused J!y_Jj~~!},~~ci_Ju:e ~!1l!~I}.lJ::~~~llpanv or technician and the COl1lR(In\~2L techllician did not QI~K~LJll.S: 31 International Fire Code - Amendments ~):::st~JliD.,~rT:~)'r MODE" a fine of $250 l~~ach alarm shall be as.?es~d. (f) Definitions: False Alam1: False alam1 shall mean the activation of a fire alam1 at a time when no conditions attributable to a fire or smoke condition are found to exist upon arrival of the fire depm1ment. Fire code official: Fire Chief shall mean the Chief of the Fire Depm1ment, or his designated representative. Person: Person shall mean any person, finn, pm1nership, association, corporation, company or organization of any kind. Preventable Alaml: Preventable false alann shall mean a false alann caused or initiated or allowed to be caused or initiated by the premises owner, or by a representative, assignee, or other persons that function under the direction or control ofthe 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 ofthe 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 AUTOMATIC SPRINKLER SYSTEMS - BUILDINGS CONT AINING TWO OR LESS DWELLING UNITS. (a) When automatic sprinkler systems are installed in buildings containing two (2) or less dwelling units as defined in the International Residential Code, whether attached or detached, they are permitted to be connected to the domestic service within said unit utilizing an integrated fire/plumbing flow through system. (b) Automatic sprinkler systems installed pursuant to subsection (a) of this section shall not be subject to general facility charges, connection fees, inspections fees and other permit fees specifically related to and otherwise assessable under BMC Title 15 and Chapter 3.01 BMC attributed to the installation of automatic sprinkler systems. (c) Automatic sprinkler systems installed pursuant to subsection (a) of this section are integrated into and dependent upon the domestic water supply of the residential dwelling unit; therefore, the property owner is responsible for maintaining a connection to and paying for an adequate supply of water to the residential dwelling unit. 18.02.180 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 altemative to any other penalty provided in this chapter or by law, any person who violates any of the provisions ofthe city fire code, Title 18 of the Bremerton 32 International Fire Code - Amendments Municipal Code shall be guilty of a misdemeanor pursuant to Section 1.12.020(2) BMC. 18.02.190 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. SECTION 2. Severability. If anyone 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. 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. PASSED by the City Council the day of ,2007 WILL MAUPIN, Council President Approved this day of ,2007 CAR Y BOZEMAN, Mayor 33 International Fire Code - Amendments ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attomey PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ,2007 ,2007 R:\ Lcga I\Lcga I\Ord i nanccs \f-i rc\I Fe amcnd mcn t - 2007. v 2 .doc 34 International Fire Code - Amendments