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04/24/2013 AGENDA
i CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 APRIL 24, 2013 CITY COUNCIL STUDY SESSION 5:00 PM in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public but there will be no opportunities for input or participation; no action is anticipated during the Study Session; and the content of these items is subject to change. If approved by Council, the items will be placed on the May 1, 2013 Council Meeting Agenda: A. NO PRESENTATION PLANNED 1. Appointments of Annamarie Lavieri ( Kitsap Historical Society & Museum); Nicole Vorthman (Hampton Inn & Suites); and Jose Maldonado (Baymont Inn) to the Lodging Tax Advisory Committee 2. Amendment to the 2004 Kitsap County HOME Consortium (Project No. KC- 360 -04) Interlocal Cooperation Agreement 3. 2013 KPS Premium Rates & Underwriting Criteria 4. Renewal of Service Agreement with CenturyLink for Long Distance Services; and to provide Telecommunications Services at the Police Department and Gold Mountain Golf Complex B. FULL PRESENTATION ITEMS 5. Update on proposed changes to Chapter 18.02 of the Bremerton Municipal Code (BMC) entitled City Fire Code (Information Only — Action proposed June 19) C. GENERAL COUNCIL BUSINESS 1. Finance & Investment Committee Briefing — Eric Younger, Chair 2. Other General Council Business (As necessary...) D. ADJOURNMENT OF STUDY SESSION Americans with Disabilities Act 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. AGENDA BILL 9!5 CITY OF BREMERTON CITY COUNCIL SUBJECT Update on Proposed Fire Code Study Session Date 4 -24 -13 Adoption COUNCIL MEETING Date Department Fire Presenter Al Duke, Mike Six Phone 473 -5380 SUMMARY FOR INFO ONLY - Preliminary update on Fire Codes to be adopted by June 31, 2013 4 ATTACHMENTS 2012 International Fire Code — Summary of Changes Chapter 18 02 with Proposed Changes FISCAL IMPACTS (Include Budgeted Amount) STUDY SESSION AGENDA ❑ No Presentation ® Full Presentation STUDY SESSION ACTION ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION INFO ONLY at this time COUNCIL ACTION ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 2012 International Fire Code City of Bremerton Code Adoption Summary of Changes Revision 8MC 18 02 Chapter 1- Administration (minor changes to references and verbiage) Chapter 2- Definitions Addition of the Definition of "Fire Code Official" Chapter 3- General Requirements No Changes Chapter 4- Emergency Planning and Preparedness WAC revised, No COB changes Chapter 5 -Fire Service Features From In the event the number of R division 3 or U occupancies exceeds two, the maximum number allowed off a dnveway /private road will be 9 if a residential fire sprinkler system is installed in each new structure 5037 A Fire Sprinkler System shall be installed in all occupancies accessed from residential driveways, private roads or that otherwise do not meet the minimum fire access or fire flow or other fire code requirements (various reference changes) Added language- or other approved fire protection system Added language and City of Bremerton Public Works Sec 507 8 Budding 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 combustible construction shall be permitted until all hydrants and mains required by this section are in place and approved (deleted section 9016 1 better covered by new standard code language) Chapter 6- Budding Services and Systems (adoption of Section 6 11 Solar photovoltaic Power Systems) New section not adopted by the State Chapter 7 -Fire Resistance Rated Construction (no changes) Chapter 8- Interior Finish, Decorative Materials and Furnishings (no changes) Chapter 9 -Fire Protection Systems Sec 903 2 Where required Approved fire sprinkler systems shall be installed throughout as follows Sec 9016 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 by an approved route, within 3 days of the date the inspection, test, or maintenance occurred Sec 903 2 2 Group B ambulatory health care facilities An automatic fire sprinkler system shall be installed throughout all buildings containing a Group B occupancy used for ambulatory health care facilities The determination of an ambulatory health care facility will be determined by the Fire Code Official as it relates to fire protection systems Sec 903 2 8 Group R An automatic spnnkler system installed in accordance with Section 903 3 shall be provided throughout all buildings with a Group R fire area, including one and two family dwellings and mobile homes Sec 903 31 1 1 Exempt locations When approved by the Fire Code Official automatic sprinklers may not be required in the following rooms or areas where such rooms or areas are protected with an approved automatic fire detection system in accordance with Section 907 2 that will respond to visible or invisible particles of combustion Sprinklers shall not be omitted from any room merely because it is damp, of fire - resistance rated construction or contains electrical equipment (relocate) Sec 903 4 2 Alarms - Exterior notification Approved audible alarm devices shall be connected to every automatic sprinkler system Such sprinkler water -flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system Alarm devices shall be water -motor gong or approved electric bell which operates with water flow and shall be provided on the exterior of the budding in an approved location at each riser or riser group Sec 903 4 3 Floor control valves Approved supervised indicating control valves shall be provided at the point of connection to the riser on each floor on buildings /structures 4 or more stories in height or 30 feet measured to the floor level Sec 907 1 2 Fire Alarm Shop Drawings 14 A Bremerton Fire department submittal checklist 15 A copy of the device /zone map 16 Fire alarm systems which contain 25 or more SLC /NAC devices combined, shall be submitted on no less than 11x17 sized drawings and to an approved scale with a digital copy of the design in PDF format (Discussion Point) Revert back to current code for most fire alarm provision, even remove them Chapter 10- Egress (no changes) Chapter 14- Fire Safety During Construction and Demolition (IFC relocated to chapter 33, no COB changes) Chapter 22 -Motor Fuel Dispensing Facilities and Repair Garages (IFC relocated to chapter 23, no COB changes) Chapter 27- Hazardous Materials - General Provisions (IFC relocated to chapter 50, deleted one section covered by standard IFC language) Chapter 45- Marinas (Better covered by current IFC /NFPA code language, COB language deleted) Discussion on R -1 Ordinance Chapter 18 02 City Fire Code Sections 18 02 010 PURPOSE 18 02 020 FIRE CODE - ADOPTED 18 02 030 CODE CONFLICTS 18 02 040 AMENDMENTS TO THE IFC - ADMINISTRATION 18 02 050 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 311, VACANT PREMISES 18 02 055 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 4, EMERGENCY PREPAREDNESS 18 02 060 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 5, FIRE SERVICE FEATURES 18 02 070 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 901, GENERAL 18 02 080 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 903, AUTOMATIC SPRINKLER SYSTEMS 18 02 090 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 907, FIRE ALARM AND DETECTION SYSTEMS 18 02 095 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 913, FIRE PUMPS 18 02 100 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 14, FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION 18 02 110 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 22, MOTOR FUEL - DISPENSING FACILITIES AND REPAIR GARAGES 18 02 120 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 27, HAZARDOUS MATERIALS - GENERAL PROVISIONS 18 02 130 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 45, MARINAS 18 02 140 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - APPENDIX D, FIRE APPARATUS ACCESS ROADS 18 02 150 FIRE CODES - FEES 18 02 160 CITY OF BREMERTON FALSE ALARM CODE 18 02 170 AUTOMATIC SPRINKLER SYSTEMS - BUILDINGS CONTAINING TWO OR LESS DWELLING UNITS 18 02 175 SPECIFIC VIOLATIONS - FINES 18 02 180 VIOLATION - PENALTY 18 02 190 APPEALS 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 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 or occupancy of buildings or premises It is understood the fire code and its referenced documents are to provide a framework for the fire and life safety requirements to protect the citizens and emergency responders from the predictable situations the codes regulate Therefore under no circumstance shall any space, occupancy or other location be allowed to be occupied or otherwise utilized, whether temporarily or permanently, without the Fire Code Official's written authorization (Ord 5112 §1 (part), 2010 Ord 5016 §1 (part), 2007 Ord 4903 §1, 2004) 18 02.020 FIRE CODE - ADOPTED In accordance with Chapter 19 27 RCW, the International Fire Code, 2489- 2012 Edition, published by the International Code Council, Inc, together with any additions, deletions, and exceptions currently enacted or as may be amended from time to time by the State of Washington through its Building Code Council pursuant to Chapter 51 -54 of the Washington Administrative Code ( "WAC "), and International Fire Code, 2449 - 2012 Edition, Appendices B, C, D, H, and land j, and as further amended in this chapter, is hereby adopted and incorporated by this reference One (1) copy of the International Fire Code is on file with the City's Fire Code Official (Ord 5112 §1 (part), 2010 Ord 5016 §1 (part), 2007 Ord 4903 §1, 2004) 18 02 030 CODE CONFLICTS To the extent allowed by RCW 19 27 040 if a conflict exists between the provisions of the International Fire Code adopted and amended by the Washington State Building Code Council and the provisions of this chapter, the Bremerton Municipal Code provisions shall govern (Ord 5112 §1 (part), 2010 Ord 5016 §1 (part), 2007 Ord 4903 §1, 2004) 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 1041 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, smoke and heat vents, draft curtains, smoke control, fire sprinkler and fire alarm systems, including temporary provisions and without limitation such as fire watch, fire department standby, blocking of roads and additional fire safety inspections (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 10412 Lot lines and setback lines Notwithstanding the authority of the fire code official to administer and enforce the fire code, the fire code official shall have no duty to verify or establish lot lines or setback lines No such duty is created by this code and none shall be implied (c) Permits - Fees Section 105 of the International Fire Code, entitled "Permits," is amended by adding the following new Subsection 105 14 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 - Term Section 105 of the International Fire Code, entitled "Permits," is amended by adding the following new Subsections 105 14 and 105 3 6 1 Sec 10514 Term Permits and certificates issued in accordance with this code shall be valid for a 4-26 month period and are renewable at the end of that 426 month term Sec 105 3 61 Unsafe Situations Actions taken outside of the guidelines contained within any permit required by section 105 of the IFC shall be deemed unsafe and shall entitle the fire code official to immediately have all utilities including but not limited to electricity, water, sewer and gas shut off or otherwise disconnected from the site Utilities shall not be restored without the conditions of all required permit(s) resolved (e) Board of Appeals Section 108 of the International Fire Code, entitled "Board of appeals," is amended by substituting Section 108 with the following Sec 108 Board of appeals The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the fire code official relative to the suitability of alternate materials, designs, and methods of construction and appeals of the reasonable application cedes Appeals shall be made as set forth in section 18 02 190 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 I Sec 109 3 Violation penalties Any person, company or corporation who violates an ny provision of this code or fads to comply with any of its requirements or who erects, constructs, alters, or repairs a budding or structure or budding system in violation or contrast to eV�aythe 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 02 180 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 general definitions APWA is the American Public Works Association AWWA is the American Water Works Association Fire Code Official The City of Bremerton Fire Marshal shall be the formal administrator of the City Fire Code and all of its adopted codes and references OCCUPANCY CLASSIFICATION RESIDENTIAL GROUP R R -1 /R -2 R -2 shall also include Townhomes /Rowhouses PRIVATE 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 budding or buildings in question will have more than 50% of the gross square footage of fire area structurally remodeled, improved and /or otherwise reconditioned or, two or more mayor budding systems improved or otherwise reconditioned within any 60 month time period Mayor building systems include but are not limited to Water, Sewer, Storm, or other plumbing, Electrical, HVAC, Foundation, Structural members Exceptions Maintenance, energy conservation and cosmetic improvements which do not require a permit of any kind are not considered structural remodels (Ord 5112 §1 (part), 2010 Ord 5016 §1 (part), 2007 Ord 4903 §1, 2004) 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 Protection," 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 3112 2 with the following Sec 3112 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) (Ord 5112 §1 (part), 2010 Ord 5016 §1 (part), 2007 Ord 4903 §1, 2004) 18 02 055 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 4, EMERGENCY PREPAREDNESS The following local amendments to Chapter 4 of the International Fire Code, entitled "Emergency Planning and Preparedness," are hereby adopted Sec 4019 Hardwired Telephones All occupancies with hardwired telephones, new and existing, when 911 is dialed shall correctly report the address of the actual location dialed from (Ord 5112 §1 (part), 2010) 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 21 Dimensions The following minimum dimensions shall apply for fire apparatus access roads 1 Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), except for approved security gates in accordance with section 503 6 and Appendix D 103 5, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm) 2 In the immediate vicinity of any budding 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) 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 budding The measurement for this requirement shall be taken from the exterior wall of the budding to the nearest edge of the fire apparatus access road (c) Fire Apparatus Access Roads - Bridges and Elevated Surfaces Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is amended by substituting Subsection 503 2 6 with the following Sec 503 2 6 Bridges and elevated surfaces Where a bridge or an elevated surface is part of a fire apparatus access road or likely to be used during emergency operations, including EMS, 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 Sec 503 3 Marking Fire apparatus access roads shall be marked whenever necessary to maintain the unobstructed minimum required width of roadways Subject to the fire code official's prior written approval, marked fire apparatus access roads, or "fire lanes" as defined in section 502 1 of the code, may be established or relocated at the time of plan review, pre - construction site inspection, and /or post construction site inspection as well as any time during the life of the occupancy Only those fire apparatus access roads established by the fire code official can utilize red marking paint and the term "fire lane " Once a fire lane is established it shall be maintained in a clean and legible condition at all times or repair /replaced to maintain visibility Fire lanes shall be marked as directed by the fire code official with one or more of the following types of marking 503 31 Type 1 The following shall apply to Type 1 marking 1 Curbs shall be identified by red traffic paint with a 6 inch wide stripe on the top and front, extending the length of the designated fire lane 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 budding or structure 503 3 3 Type 3 The following shall apply to Type 3 marking 1 Where directed by the fire code official, specific areas shall be designated and those areas are to be marked with diagonal striping across the width of the fire lane Diagonal marking shall be used in conjunction with painted curbs and /or edge striping and shall run at an angle of 30 to 60 degrees from one side to the other These diagonal lines shall be in red traffic paint, parallel with each other, at least 6 inches in width, and 24 inches apart Lettering shall occur as with Type 1 marking 503 3 4 Street or Road Signs Street or road signs 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 posted within 30 days after receiving approval from the City of Bremerton Engineering Department 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 tqe- event s#uGtuFe— Fire Sprinkler System shall be installed in all occupancies accessed from residential driveways private roads or that otherwise do not meet the minimum fire access or fire flow or other fire code requirements (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 5041 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 The provisions of this subsection shall apply if the budding or buildings in question will have more than 50% of the gross square footage of the fire area structurally remodeled, improved or otherwise reconditioned and /or two or more mayor building systems improved or otherwise reconditioned within any 60 month time period Mayor budding systems include but are not limited to water, sewer, storm, or other plumbing, electrical, HVAC, foundation, and structural members Exceptions 1 Group U occupancies 2 Maintenance, energy conservation and cosmetic improvements which do not require a permit of any kind are not considered structural remodels (g) Premises Identification Section 505 of the International Fire Code, entitled "Premises Identification," is amended by adding the following new Subsection 505 1 1 5051 1 Address numbers for Commercial Buildings Address numbers for commercial buildings shall be 12" and contrast with the background Individual unit/suite or space numbers or letter shall be 6" in size and contrasting with the background and visible from the approach side or angle Housing developments which contain 100 or more dwelling units which alley ways are or may be used for access to dwelling units shall have 4" minimum house numbers including street designation included The street designation may be a smaller size, but no less than 2" in size 1234 Example Washington Ave (h) Fire Protection Water Supplies - Existing Non - conforming Hydrants Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended to add a new Subsection 507 1 1 as follows I Sec 507 445 7 Existing non - conforming hydrants At such time as an existing hydrant, which does not conform to the requirements and standards of this section, is replaced, it shall be replaced with a hydrant that does conform to the standards and requirements of this section (i) Fire Protection Water Supplies - Where Required Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by substituting Subsection 507 5 1 with the following Sec 507 51 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 (183 m) 2 For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with section 903 3 1 1-eF 903 3 12, or other approved fire protection system the distance requirement shall be 600 feet (183 m) �) Fire Protection Water Supplies - Installation Requirements Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by substituting Subsection 507 5 7 with the following Sec 507 5 -78 Installation requirements All fire hydrants shall be installed in accordance with the specifications established by the fire code official and City of Bremerton Public Works, or his or her designee, or at a minimum, in accordance with the currently adopted NFPA, APWA, or AWWA standards In addition, unless modified by written decision of the fire code official, the following requirements shall apply to all building construction projects 1 All fire hydrant piping, valves, and related appurtenances shall be approved by the City's public works department 2 The fire hydrant installation and its attendant water system connection shall conform to the City's specifications and design and construction standards 3 An auxiliary gate valve shall be installed at the main line tee to permit the repair and replacement of the hydrant without disruption of water service 4 All hydrants shall be plumb, plus or minus 3 degrees, to be set to finished grade with the bottom flange 2 inches above the ground or curb grade and have no less than 36 inches in diameter of clear area around the hydrant for the clearance of hydrant wrenches on both outlets and the operating nut 5 The largest port shall face the most likely direction of approach and location of the fire apparatus while pumping as determined by the fire code official Distance from the pumper port to the street curb shall be no further than 10 feet 6 The lead from the service main to the hydrant shall be no less than 6 inches in diameter Any hydrant leads over 50 feet in length from the water main to hydrant shall be no less than 8 inches in diameter 7 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, "O" ring stem seal, two 2 -1/2 inch national standard thread hose ports, one 4 -1/2 inch steamer port with national standard threads or otherwise determined by the fire code official In addition, all hydrants shall meet AWWA standards for public hydrants and be of a type approved for use in the City by the City's public works department In addition, all hydrants shall be equipped with a 5 inch Storz adapter on the steamer port and, when required by the fire code official, 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 water connection system will be available for use 14 All hydrants shall meet City of Bremerton Hydrant Identification standards as established by the fire code official (k) Fire Protection Water Supplies - Notification Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by adding a new Subsection 507 6 as follows Sec 507 6 Notification The owner of property on which private hydrants are located and the public agencies that own or control public hydrants must provide the fire code official with the following written service notifications Sec 507 61 In- service notification The fire code official shall be notified when any newly installed hydrant or main is placed into service Sec 507 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 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by adding a new Subsection 507 7 as follows Sec 507 7 Dead -end mains prohibited When appropriate, all water mains in any project shall be looped (m) Fire Protection Water Supplies - Building Permit Requirements Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by adding a new Subsection 507 8 as follows Sec 507 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 combustible construction beyeRd the foundation shall be aRewed permitted -until all hydrants and mains required by this section are in place and approved (n) Fire Department Access to Equipment - Identification Section 509 of the International Fire Code, entitled "Fire Department Access to Equipment," is amended by substituting Subsection 509 1 with the following Sec 5091 Identification The following identification requirements shall apply to access to equipment 1 Fire protection equipment and fire hydrants shall be clearly identified in an approved manner to prevent parking and /or other obstructions 2 Entrances to rooms containing controls for air - conditioning systems, sprinkler risers and valves, or other fire detection, suppression, or control elements shall be identified for the use of the fire department 3 Approved signs are required to identify fire protection equipment and equipment location Signs shall be constructed of durable materials, permanently installed, and readily visible 4 All fire department connections shall have a sign approved by the fire code official The sign shall specify the type of water -based 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 02 065 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 60511, GENERAL (Ord 5112 §1 (part), 2010 Ord 5016 §1 (part), 2007 Ord 4903 §1, 2004) 18 02 070 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 901, GENERAL The following local amendments to Section 901 of the International Fire Code, entitled "General," are adopted and incorporated into the International Fire Code (a) Fire Protection Systems - Scope Section 901 of the International Fire Code, entitled "General," is amended by substituting Subsection 901 1 with the following Sec 901 1 Scope 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 budding 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 The provisions of this subsection shall apply if, the budding or buildings in question will have more than 50% of the gross square footage of fire area structurally remodeled, improved and /or otherwise reconditioned or, two or more mayor budding systems improved or otherwise reconditioned within any 60 month time period Mayor budding systems include but are not limited to Water, Sewer, Storm, or other plumbing, Electrical, HVAC, Foundation, and Structural members 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 budding to meet the area, number of floor levels, or units that would subject a new budding to the requirements of this section, the entire building will then be required to comply with this section Exceptions Maintenance, energy conservation and cosmetic improvements which do not require a permit of any kind are not considered structural remodels (c) Buildings Vacant for One (1) Year or More Section 901 of the International Fire Code, entitled, "General," is amended by adding a new Subsection 901 12 as follows Sec 90112 Buildings vacant for one year or more Buildings, structures or significant portions thereof vacant for one year or more shall be brought up to current code regarding fire protection systems, prior to issuing occupancy "GeneFal," -A- -amended- by substituting Subsen-tien A-Q- I R- I ;-;Pd- Tab' - - - - - - #h the fe 001 6- 1 - belewr- Table 9016-4 I I FURS PROTECTION SYSTEM RRAINTFINIANCR STANDARDS ' V III! STANDARD I AIAI C�c I GleaR aget #+f@- AIRRA 2001 I DFY Gh e AIC r� + - P-! 7- I F=FneFg8RGY pew@F AICDA 14/1 4_ I M6 N F = P A 7 2 I M rA cl f A ^ 7 AQ systems I alewated lira- NF I RA e4nquishmg systems I I AIAIC rrFP A 2 and hydFaRt6 I AIAI C rrr -r c v pFeteG eR systems Water-Frilst systems hirmPA 7F40 I AICD�, A 17A (e} -Fire Protection Systems - Records Section 901 of the International Fire Code, entitled "General," is amended by substituting Subsection 9016 2 with the following Sec 9016 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 by an approved route, within 313-3 days of the date the inspection, test, or maintenance occurred A copy of all system inspections shall be maintained in a three -ring binder or other folder type cover and located at the fire alarm main panel or other approved location (41efire Protection Systems - Definitions Section 902 of the International Fire Code, entitled "Definitions," is amended by adding the following definitions FIRE AREA The total area from all floors enclosed by the outermost exterior walls commonly understood to be the perimeter of the building When a budding or structure has an outdoor courtyard or garden, without an exit to a public way, this area shall be included in the fire area FIRE FLOW A measure of the sustained flow of available water for firefighting at a specific budding 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 budding or to a point 30 inches beyond the intersecting extenor wall, whichever is furthest As an alternative to the horizontal requirements, such fire wall may be extended a minimum of 30 inches along both sides of the intersecting exterior wall, provided there are no projections beyond the intersecting exterior wall LIFE SAFETY RESCUE ACCESS Unobstructed access to all floor levels and each roof level of a budding on not less than 20 percent of the budding perimeter by utilizing a 35 foot ladder An alternate method would be at least 1 stairway enclosure with exit doorways from each floor level and with a door opening onto each roof level which conforms to the requirements of the International Budding Code (Ord 5112 §1 (part), 2010 Ord 5016 §1 (part), 2007 Ord 4903 §1, 2004) 18 02 080 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 903, AUTOMATIC SPRINKLER SYSTEMS The following local amendments to Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," are adopted and incorporated into the International Fire Code (a) Automatic Sprinkler Systems - Where Required Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903 2 with the following Sec 903 2 Where required Approved fire sprinkler systems shall be installed throughout 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 m or where this code provides a more restrictive floor area requirement, and shall be provided in all locations or where described by this code Exception Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries, and standby engines, provided those spaces or areas are equipped throughout with an automatic fire alarm system and are separated from the remainder of the building by a wall with a fire - resistance rating of not less than 1 hour and a floor /ceding 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 budding, then automatic sprinkler protections will be required throughout the entire budding 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 types 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. 903.21 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 -1, A -2, A- 3, and A-4 occupancies, the automatic sprinkler system shall be provided throughout the entire budding 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 Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903 2 1 1 with the following Sec 903 21 1 Group A -1 An automatic sprinkler system shall be provided for Group A -1 occupancies where one of the following conditions exists 1 The gross fire area of the budding exceeds 10,000 square feet 2 The fire area has an occupant load of 300 or more 3 The fire area is located on a floor other than the level of exit discharge 4 The fire area contains a multi- theater complex 5 Dance halls where the total gross floor area exceeds 5,000 square feet (465 m 2 ) (d) Automatic Sprinkler Systems - Where Required Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903 2 12 with the following Sec 903 21 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 21 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 budding 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 14 with the following Sec 903 21 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 budding 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 (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, Group B ambulatory health care facilities, with the following Sec 903 2 2 Group B ambulatory health care facilities An automatic fire sprinkler system shall be installed throughout all buildings containing a Group B occupancy used for ambulatory health care facilities The determination of an ambulatory health care facility will be determined by the Fire Code Official as it relates to fire protection systems (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, Group E, with the following Sec 903 2 3 Group E An automatic sprinkler system shall be provided for Group E occupancies as follows 1 Throughout all buildings with a group E fire area 2 Portable school classrooms, provided aggregate areas of clusters of portable school classrooms does not exceed 5,000 square feet (465 M , and clusters of portable school classrooms shall be separated as required in Chapter 5 of the building code The provisions of this subsection shall apply if the building or buildings in question will have more than 50% of the gross square footage of the fire area structurally remodeled, improved or otherwise reconditioned and /or two or more mayor budding systems improved or otherwise reconditioned within any 60 month time period Mayor budding systems include but are not limited to Water, Sewer, Storm, or other plumbing, Electrical, HVAC, Foundation, and Structural members In the case of additions, only 4 hour area separation walls shall define separate buildings regarding sprinkler requirements Exceptions 1 Maintenance, energy conservation and cosmetic improvements not requiring a permit are not considered structural remodels (i) Automatic Sprinkler Systems - Where Required Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903 2 4, Group F -1, with the following Sec 903 2 4 Group F -1 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 budding exceeds 10,000 square feet, or 2 Where a Group F -1 fire area is located more than three stories above grade �) Automatic Sprinkler Systems - Where Required Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903 2 7 with the following Sec 903 2 7 Group 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 M fire area is located more than three stories above grade (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 R An automatic spnnkler system installed in accordance with Section 9-03 3 shall be provided throughout all buildings with a Group R fire area including one and two family dwellings and mobile homes - Sec 903 2 81 Existing Group R -1 and R -2 buildings shall install a full fire sprinkler system when any one of the following occurs (1) A fire occurs which migrates from the unit of origin to involve a neighboring unit (2) Two or more separate fires occur, which require a fire department response, in the same complex within a two year span Sec 903 2 8 2 Sprinkler heads in kitchens shall be installed (on the ceding) with at least one sprinkler head no more than 4 feet out from the front of the stove top Sec 903 2 8 3 All spaces in excess of 10 square feet shall be provided with sprinkler coverage (1) Automatic Sprinkler Systems - Where Required Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903 2 9 with the following Sec 903 2 9 Group S -1 An automatic sprinkler system shall be provided throughout all buildings containing a Group S -1 occupancy where one of the following conditions exists 1 Where the fire area of the budding exceeds 10,000 square feet, or 2 Where a Group S -1 fire area is located more than three stories above grade (m) Automatic Sprinkler Systems - Speculative Use Warehouses Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by adding the following new Subsection 903 2 9 3 Sec 903 2 9 3 Speculative use warehouses Where the occupant, tenant, or use of the budding or storage commodity has not been determined or it is otherwise a speculative use warehouse or budding, the automatic sprinkler system shall be designed and installed in accordance with the following 1 The design area shall be not less than 5,600 square feet (520 mZ) 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 (n) Automatic Sprinkler Systems Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903 3 1 1 1 with the following Sec 903 31 1 1 Exempt locations When approved by the Fire Code Official automatic sprinklers shall - may not be required in the following rooms or areas where such rooms or areas are protected with an approved automatic fire detection system in accordance with Section 907 2 that will respond to visible or invisible particles of combustion Sprinklers shall not be omitted from any room merely because it is damp, of fire - resistance rated construction or contains electrical equipment 1 Any room where the application of water, or flame and water, constitutes a serious life or fire hazard 2 Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the fire code official 3 Generator and transformer rooms separated from the remainder of the budding by walls and floor /ceding or roof /ceding assemblies having a fire - resistance rating of not less than 2 hours 4 In rooms or areas that are of noncombustible construction with wholly noncombustible contents (o) Automatic Sprinkler Systems Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903 3 12 1 with the following Sec 903 312 1 Balconies and decks Sprinkler protection shall be provided for exterior balconies, decks and ground floor patios of dwelling units I (p) 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 department connection locations All fire department connection locations (F D C's) to automatic sprinklers and /or standpipe systems shall be located not less than 3 feet, nor more than 10 feet from the finished edge of an approved fire apparatus access road F D C 's shall not be located more than 50 feet from a fire hydrant F D C 's and F D C 's serving sprinkler systems shall not be located on the wall of a budding, unless approved by the fire code official F D C's serving class 1 or 3 standpipe systems may be located on walls, provided such walls are of fire resistive or noncombustible construction Exception F D C 's that are not able to be located away from a wall due to physical restrictions, may be located in an area approved by the fire code official F D C's shall be installed /located at the front of the budding not less than 18 inches nor more than 36 inches above the finished grade of an approved fire apparatus access road F D C's shall not be obstructed by vehicle parking, carports, garages, refuse storage containers, fences, landscaping or other obscuring features F D C's shall be provided with tight fitting threaded caps or Knox type lockable caps (q) Automatic Sprinkler Systems - Alarms Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903 4 2 with the following Sec 903 4 2 Alarms - Exterior notification Approved audible alarm devices shall be connected to every automatic sprinkler system Such sprinkler water -flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the I system Alarm devices shall be water -motor gong or approved electric bell which operates with water flow and epeFatedaPA-shall be provided on the exterior of the budding in an approved location at each riser or riser group Exception NFPA 13D and NFPA 13R sprinkler systems may utilize an electrically operated alarm bell on the exterior of the budding in an approved location at each riser or riser group, provided that the electrically operated alarm bell cannot be silenced during water flow 903 4 21 Alarms - Interior notification Actuation of the automatic sprinkler system shall actuate interior audible /visual notification appliances as outlined in NFPA 72 at all exits from all floors or where a fire alarm system is installed The fire alarm system notification circuits shall provide the interior notification When a structure exceeds one floor, a flow switch shall be provided for each floor A flow alarm shall be identified by floor Exception NFPA 13D 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 (r) Automatic Sprinkler Systems Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903 4 3 with the following Sec 903 4 3 Floor control valves Approved supervised indicating control valves shall be provided at the point of connection to the riser on each floor on buildings /structures 4 or more stories in height or 30 feet measured to the floor level - (Ord 5112 §1 (part), 2010 Ord 5016 §1 (part), 2007 Ord 4958 §2, 2005, Ord 4903 §1, 2004) 18 02 090 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 907, FIRE ALARM AND DETECTION SYSTEMS The following local amendments to Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," are adopted and incorporated into the International Fire Code (a) Fire Alarm and Detection Systems - General Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended to add the following to Subsection 907 12 Sec 907 1 2 Fire Alarm Shop Drawings 14 A Bremerton Fire department submittal checklist 15 A copy of the device /zone map 16 Fire alarm systems which contain 25 or more SLC /NAC devices combined, shall be submitted on no less than 11 x17 sized drawings ands' to an approved scale with a digital copy of the design in PDF format (b) Fire Alarm and Detection Systems - Where Required Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by substituting Subsection 907 2 with the following Sec 907.2 Where required. All new and remodeled occupancies where the fire area exceeds 4,000 square feet, an approved manual and automatic fire alarm system shall be provided Approved addressable fire alarm systems will be required in all buildings having 10 or more fire alarm system devices Where automatic sprinkler protection installed in accordance with Section 903 3 1 1 or 903 3 12 is provided and connected to the fire alarm system, automatic heat detection requirements of this section may be modified upon specific approval by the fire code official Exceptions 1 Group U Occupancies 2 Occupancies protected throughout by an approved /monitored automatic sprinkler system can delete heat detectors from the system 3 One and two family residences 4 Those buildings that require 10 or less fire alarm 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 building's assessed valuation In any non - sprinkled existing budding over 4,000 square feet gross floor area when a change in occupancy use classification occurs Smoke detection shall be placed in 1 Hallways, corridors, exit passages and all other primary egress components 2 Above the fire alarm panel and all annunciator panels 3 Rooms, assembly areas or other spaces which exceed 400 square feet Heat detection shall be placed in all areas not covered by smoke detection Exception Buildings equipped with a fire sprinkler system A fully functional annunciator panel shall be placed at the main entrance(s) and fire sprinkler room(s) Graphic annunciators shall be utilized in all highnses and schools Shielded fire alarm cable shall be utilized as required by the fire code official Prescriptive smoke detector placement shall utilize Table 5 6 5 5 1 from NFPA 72 2002 edition when ceding heights exceed 10' Prescriptive smoke detector placement of spot detectors shall not exceed 30' in height Beam detectors shall be utilized in complex designs and ceilings in excess of 30' (c) Fire Alarm and Detection Systems - Retroactive R -2 Visible Notification Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended to add Subsection 907 10 as follows Sec 90710 Retroactive R -2 visible notification At the request of the tenant, the budding owner shall replace an existing audible device to an audible /visible device to assist hearing impaired tenants Budding owners are not required to otherwise change or modify fire alarm systems if due to design or device placement this option is not feasible (d) 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 4 1 The amended Subsection 907 4 1 reads as follows Sec 907 41 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 (e) Fire Alarm and Detection Systems - Monitoring Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by substituting Subsection 907 5 with the following Sec 907 5 Monitoring Where fire alarm systems are required by this chapter or by the International Budding Code, a U L - listed central monitoring station in accordance with NFPA 72 shall monitor fire alarm systems Exception Supervisory service is not required for 1 Single- and multiple - station smoke alarms required by Section 907 2 10 2 Smoke detectors in Group 1 -3 occupancies 3 Automatic sprinkler systems in one- and two - family dwellings 4 Those existing R -1 and R -2 occupancies that are addressed by section 18 03 120(a) of the Bremerton Municipal Code (f) Fire Alarm and Detection Systems - Testing Prerequisites Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by adding a new Subsection 907 9 1 Sec 907 91 Testing Prerequisites Upon completion of the installation or alteration, a satisfactory test of the entire system and its functions shall be made 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 (g) Fire Alarm and Detection Systems - Location /Security Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by adding a new Subsection 90711 Sec 90711 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 budding 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 (h) Fire Alarm and Detection Systems - Monitoring Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by adding new Subsections 90712, 907 13, 907 14, 907 15 and 907 16 Sec 90712 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 budding 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 90713 Designer Qualifications Persons who design fire alarm systems shall be either a fire protection engineer registered by the State of Washington or NICET III and current with all continuing education and training required by NICET The designer must be NICET II by July 1, 2008 and NICET III by January 1, 2009 Sec 90714 Installation Requirements During the course of a fire alarm installation, including all subsequent modifications and annual testing, a NICET level II technician in fire alarms shall personally conduct all programming and testing Sec 90715 Existing Fire Alarm Systems All existing fire alarm systems are subject to the provisions of 907 14 Sec 90716 Violations Violations of section 907 14 and 907 15 constitutes a mandatory $1000 violation per occurrence Each day constitutes a separate and distinct violation Any three violations of this provision immediately revokes the affected fire alarm company's City of Bremerton business license and prohibits re- application for a penod of not less than three years (Ord 5137 §1, 2011 Ord 5112 §1 (part), 2010 Ord 5016 §1 (part), 2007 Ord 4903 §1, 2004) 18 02 095 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 913, FIRE PUMPS The following local amendment to Section 913 of the International Fire Code, entitled "Fire Pumps," is adopted and incorporated into the International Fire Code (a) Fire Pumps Section 913 of the International Fire Code is amended by adding a new Subsection 91321 Sec 913 21 Fire pumps utilizing electric drivers shall provide a back -up power supply Exception In F and S occupancies when the normal occupant load does not exceed 15, the occupancy would normally be vacated during power outages and with the fire code official's approval (Ord 5112 §1 (part), 2010 Ord 5016 §1 (part), 2007) 1 18 02 100 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER4433, FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION The following local amendment to Chapter 4433 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 44123312 of the International Fire Code, entitled "Water Supply for Fire Protection," is amended by substituting Subsection 4412 1 3312 1 with the following Sec '"233121 When required An approved water supply for fire protection shall be made available as soon as combustible material arrives on the site (Ord 5112 §1 (part), 2010 Ord 5016 §1 (part), 2007 Ord 4903 §1, 2004) 18 02110 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 22, MOTOR FUEL - DISPENSING FACILITIES AND REPAIR GARAGES The following local amendment to Chapter 2-223 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 I Sec 22305 31 Required Spill Control Equipment Every fuel dispensing facility and repair garage shall maintain at least 50 pounds of rice hulls or other approved absorbent and at least 25 approved absorbent pads, minimum dimension 16 inch by 16 inch and /or other spill control equipment as approved by the fire code official (Ord 5112 §1 (part), 2010 Ord 5016 §1 (part), 2007 Ord 4903 §1, 2004) 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 - Ser. 2704 3 1 System FequiFement Exhaust venti systems sha Gen;ply with a" na t-he #eAewr+eg- feet- [ 90508 alE - m a 3 Systems sha opeFate G81# un a designs aFe appFeved sha be of the bFeak g type and sha be l abe l ed VENT SYSSTEEAA EEWERGRN 8H IT�=IRF 9F= A�AF—=AIT I� QN11 5 Exhaust went Witle n sha be designed W GOnsideF th8 deA6 Of th8 potentia fum% OF YapeFs 42 IRGhes, (395 FnFn) of thp finer. (Ord 5112 §1 (part), 2010 Ord 5016 §1 (part), 2007 Ord 4903 §1, 2004) IQ 09 140 A A €KIDNAt=AITC TO THE INTCOAIATIONA1 CICC COOrm CHAPTER 46 MARINAS vr�rtrrc�-��v� r� *r�rcrr�s-cv " mas, there 4601 - SCepe PtSF �� ., ,� �, �� �� � .. �� �. ., ., �. �� ., � �� „ �� .. � , ., � � � � ., ., ., ' �� ., �� �� ., �� ., �� �� � � ,' �� �� ., �. �� ., �� �� �� ., .� ., ., ' ., ., � � ., .� �� �, ., � ., .� ., �� �� �, �. � ., •� �� ,' ', �� �� �� .� �� �� . u '' a �� a .� �� u „ ° u „ o U ., U u u �� ,' " o .� �i ,� �� �� •i ' u �� a I ' u i �i �, o „ ui �. i u .� u � � �. �� a �. ., �� - i „ � �� „ A15041 2 ritandpopes Marinas and h-eatyaFds shall be equipped thFGbjqht9- 't MOM standpipe sy e st gas 1:2 2) HnAA Ptafinmr, shall he pFevided at r ft-M. tht-4 t9lld of the goat rman-h he-se statia-m shall be pFevided with We 2 ' rr ++ 1-12 2 - E-nan-h stai:Wpipe system shall be pizovided with a Fnii:; of Win- r station The valve sh-all be dc-mw stre—am. of the he-se stahen sAnt-ang SO 2 and 502 by the -Gede-e#f+61a1- AGAG IIAADING MOTOR UNWICI C CI ICI - M1CDCAI2IIUG STATIONS 45-0-60 1 P-le-l-Dispensing MaFlne ma-terveahin- A- fuel dispensing stations shall he in annerdannt; (QFd 5112 §1 r + r 18 02 140 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - APPENDIX D, FIRE APPARATUS ACCESS ROADS The following local amendments to Appendix D to the International Fire Code, entitled "Fire Apparatus Access Roads," are hereby adopted and incorporated into the International Fire Code as if fully set forth therein (a) Minimum Specifications - Grade Section D103 of the International Fire Code, entitled "Minimum specifications," is amended by substituting Subsection D103 2 with the following Sec D103 2 Grade Fire apparatus access roads shall not exceed 10 percent longitudinal and /or 6 percent laterally in grade Approach and departure angle for fire apparatus access shall be as determined by the fire code official Unless budding sprinklers have been installed in accordance with this code and the roadway has been approved by the fire code official (b) Minimum Specifications - Turning Radius Section D103 of the International Fire Code, entitled "Minimum specifications," is amended by substituting Subsection D103 3 with the following Sec D103 3 Turning radius The fire apparatus access road shall have a 23 foot minimum inside turning radius and a 45 foot minimum outside turning radius (c) Fire Apparatus Access Road Gates Section D103 5 of the International Fire Code, entitled "Fire Apparatus Access Road Gates," is amended by substituting Subsection D103 51 with the following Sec D103 51 The minimum gate width shall be 14 feet (Ord 5112 §1 (part), 2010 Ord 5016 §1 (part), 2007 Ord 4903 §1, 2004) 18 02150 FIRE CODES - FEES The fees to be assessed for the codes adopted in this chapter shall be as set forth in BMC 3 01060, Fire Department - Rate Table E, as currently enacted or as hereafter amended (Ord 5112 §1 (part), 2010 Ord 5016 §1 (part), 2007 Ord 4903 §1, 2004) 18 02160 CITY OF BREMERTON FALSE ALARM CODE (a) For the purposes of this section, a false alarm shall be deemed and construed as being the activation of any fire protection system due to some form of maintenance or lack of maintenance element (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 inure or activate any fire protection 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 alarm shall be guilty of a civil infraction and shall be fined per BMC 3 01060, Fire Department - Rate Table E (f) Definitions (1) "False alarm" shall mean the activation of a fire protection system at a time when no conditions attributable to a fire or smoke condition are found to exist upon arrival of the Fire Department (2) "Fire Code Official' shall mean the Chief of the Fire Department or his designated representative (3) "Person" shall mean any person, firm, partnership, association, corporation, company or organization of any kind (4) "Preventable false alarm" shall mean a false alarm 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 of the owner, whether caused by direct intent, malicious action or by system neglect or improper system maintenance (5) "Unpreventable false alarm" shall mean a false alarm caused by power failures or interferences unrelated to the operation of the premises (g) Any person having or maintaining a fire alarm shall, within three (3) working days after notice by the Fire Code Official at the scene of a false alarm, 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 (Ord 5112 §1 (part), 2010 Ord 5016 §1 (part), 2007 Ord 4903 §1, 2004) 18 02 170 AUTOMATIC SPRINKLER SYSTEMS - BUILDINGS CONTAINING 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 Chapter 3 01 BMC and BMC Title 15 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 (Ord 5112 §1 (part), 2010 Ord 5016 §1 (part), 2007 Ord 4958 §3, 2005) 18 02175 SPECIFIC VIOLATIONS - FINES Any violation of any provision of the City Fire Code identified in this section may be assessed a monetary fine for each incident or occurrence as follows (a) Illegal burning two hundred fifty dollars ($250 00), (b) NICET violations one thousand dollars ($1,000), (c) False fire alarms two hundred dollars ($200 00), (d) Fire Code violations with the knowledge of the responsible party one hundred twenty -five dollars ($125 00), (e) Repeat Fire Code violations for failure to correct or comply with the City Fire Code one hundred twenty -five dollars ($125 00) Nothing in this section prohibits the City from seeking other remedies as allowed by ordinance, including, but not limited to, those set forth in BMC 18 02 180 The Fire Marshal may, at his or her discretion, reduce the amount of the assessed fine due to mitigating circumstances (Ord 5164 §1, 2011) 18 02180 VIOLATION - PENALTY (a) Any violation of any provision of the City Fire Code, BMC Title 18, constitutes a civil violation under Chapter 1 04 BMC for which a monetary penalty may be assessed and abatement may be required as provided therein (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any of the provisions of the City Fire Code, BMC Title 18 , shall be guilty of a misdemeanor pursuant to BMC 1 12 020 (2) (Ord 5112 §1 (part), 2010 Ord 5016 §1 (part), 2007 Ord 4958 §4 (part), 2005 Ord 4903 §1, 2004 Formerly 18 02 170) 18 02190 APPEALS (a) Appeals to the Hearings 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 fire 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 fire codes and referenced 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 (u) 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 5112 §1 (part), 2010 Ord 5016 §1 (part), 2007 Ord 4958 §4 (part), 2005 Ord 4903 §1, 2004 Formerly 18 02 180) 1 Lori Smith From Lori Smith on behalf of City Council Sent Wednesday, April 24, 2013 2 27 PM To City Council Subject FW (Response) April 24 Study Session - Fire Codes Item 513 (Mike Eliason) Attn Council Members (FYI) From Mike Eliason [ mailto gov@kitsaprealtor org Sent Wednesday, April 24, 2013 144 PM To 'Patty Lent', 'Teresa Osinski' Cc 'Andrea Spencer', 'Jeannie Vaughn', 'AI Duke', 'Michael Six', City Council, Lori Smith Subject RE April 24 - City Council Study Session Thank you very much, Mayor We appreciate your kind consideration Mike From Patty Lent [ mailto Patty Lent @ci bremerton wa us Sent Tuesday, April 23, 2013 7 30 PM To Mike Eliason, Teresa Osinski Cc Andrea Spencer, Jeannie Vaughn, Al Duke, Michael Six Subject RE April 24 - City Council Study Session Hello Mike, I had a serious meeting with the Fire Marshal and Fire Chief today and tomorrow's work study will only be to announce that we are adopting the same changes that the State has adopted, and a summary of these will be presented to council at a later date Anything more restrictive is still being discussed with me and we will include DCD with any Fire Codes that need to be included in our Building Code Your input is invited and appreciated as the city works together with our Homebuilder and Realtor stakeholders before we move ahead Thanks for your email Patty Lent, Mayor City of Bremerton From. Mike Eliason [ mailto govCfkitsaprealtor org Sent Tuesday, April 23, 2013 3 13 PM To Patty Lent, Patty Lent, City Council, Lori Smith Subject FW April 24 - City Council Study Session Madam Mayor and Members of the Council, Since the City Fire Marshal is proposing changes to the code including expanded authority to require automatic sprinkler systems in residential units, we respectfully request the convening of a stakeholders committee to include REALTORS®, home builders, developers, property owners, and life safety professionals to fully evaluate the recommendations To date, nobody from the city has consulted with us regarding this matter 1 I i Please accept our sincere gratitude regarding the city's outreach efforts in the adoption of the abandoned property ordinance We greatly appreciated working with Director Andrea Spencer on this particular issue Mike Eliason Association Executive Kitsap County Association of REALTORS® From Lori Smith [ mailto Lori Smith @ci bremerton wa us Sent Friday, April 19, 2013 3 30 PM To City Council Subject April 24 - City Council Study Session Please see the attached Agenda for the City Council Study Session to be held on Wednesday, April 24, 2013, beginning at 5 00 PM in the Council Conference Room 6 You may view the full Council Packet on the City's website at http / /www ci bremerton wa us /display php ?id =580 Lori Smith Legislative Assistant Bremerton City Council (360) 473 -5280 2 re � Summary of State Sections Not Adopted 2012 International Fire Code s e_ Cv T l 1 Code Cite for Title Notes Section Not Ado ted 308 1 4 Open -flame cooking devices Group R -4 occupancies 503.2 Specifications 503 4 Obstruction of fire apparatus access roads 503 4 1 Traffic calming devices 605 11 Solar photovoltaic power systems 408 10 R -4 Classification is not adopted 503 1 1 Buildings and facilities, is not adopted 503 1 2 Additional access, is not adopted 503.1 3 High -piled storage, is not adopted 503 3 Marking This section is not adopted Chapter 4 Re- written by TAG 4 Chapter 51 -54A WAC STATE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE Graphic Version 11Mo dispomble en espallol] (Effective July 1, 2013) Last Update 211113 ipter 51 -54A WAC JE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE WAC Sections 51 -54A -001 Authority 51 -54A -002 Purpose 51 -54A -003 International Fire Code 51 -54A -007 Exceptions 51 -54A -008 Implementation 51 -54A -0101 Section 101 -- Scope and general requirements 51 -54A -0105 Permits 51 -54A -0202 General definitions 51 -54A -0307 Open burning, recreational fires and portable outdoor fireplaces 51 -54A -0308 Open flames 51 -54A -0401 General 51 -54A -0402 Definitions 51 -54A -0404 Fire safety and emergency plans 51 -54A -0405 Emergency drills 51 -54A -0406 Employee training and response procedures 51 -54A -0408 Use and occupancy - related requirements 1 -54A -0503 Fire apparatus access roads 51 -54A -0507 Fire protection water supplies 51 -54A -0508 Fire command center 51 -54A -0605 Electrical equipment, wiring and hazards 51 -54A -0609 Commercial kitchen hoods 51 -54A -0806 Decorative vegetation in new and existing buildings 51 -54A -0903 Automatic sprinkler systems 51 -54A -0907 Fire alarm and detection systems 51 -54A -0908 Emergency alarm systems 51 -54A -0909 Smoke control systems 51 -54A -0915 Alerting systems 51 -54A -1007 Accessible means of egress 51 -54A -1008 Doors, gates and turnstiles 51 -54A -1009 Stairways and handrails 51 -54A -1010 Ramps 51 -54A -1018 Corridors 51 -54A -1021 Number of exits and exit configurations 51 -54A -1103 Fire safety requirements for existing buildings 1 -54A -1104 Means of egress for existing buildings 51 -54A -3601 Marinas -- Scope http //apps leg wa gov /wac /default aspx 51- 54A &full=true #[4/23/2013 4 4143 PM] Chapter 51 -54A WAC STATE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE 51 -54A -3602 Definitions 51 -54A -3604 Fire protection equipment 51 -54A -5306 Medical gas systems 51 -54A -5601 General 51 -54A -5704 Storage 51 -54A -5706 Special operations 51 -54A -6108 Fire protection 51 -54A -8000 Referenced standards 51 -54A -8100 Appendix K -- Wild land- Urban- Interface Code (Effective July 1, 2013 ) 51-54A -001 Authority These rules are adopted under the authority of chapter 19 27 RCW [Statutory Authority RCW 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 04 063 § 51 54A 001 filed 2/1/13 effective 7/1/131 (Effective July 1, 2013 ) 51- 54A -002 Purpose The purpose of these rules is to Implement the provisions of chapter 19 27 RCW, which provides that the State Budding Code Council shall maintain the State Building Code In a status which is consistent with the purpose as set forth in RCW 19 27 020 In maintaining the codes the council shall regularly review updated versions of the codes adopted under the act and other pertinent information and shall amend the codes as deemed appropriate by the council [Statutory Authority RCW 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 04 063 § 51 54A 002 filed 2/1/13 effective 7/1/131 (Effective July 1, 2013 ) 51-54A -003 International Fire Code The 2012 edition of the International Fire Code, published by the International Code Council is hereby adopted by reference with the following additions, deletions and exceptions [Statutory Authority RCW 19 27A 031, 19 27 074 and chapters 19 27 and 34 05 RCW 13 -04 -063 § 51 -54A -003 filed 2/1/13 effective 7/1/13 ] (Effective July 1, 2013 ) 51-54A -007 Exceptions http //apps leg wa gov /wac /default aspx ?cite= 51 -54A &full =true #[4/23/2013 4 4143 PM] Chapter 51 -54A WAC STATE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE The exceptions and amendments to the International Fire Code contained in the provisions of chapter 19 27 RCW shall apply in case of conflict with any of the provisions of these rules odes referenced which are not adopted through RCW 19 27 031 or chapter 19 27A RCW shall not apply unless specifically adopted by the u„ chonty having jurisdiction The 2012 International Wildland Urban Interface Code is included in this code as Section 8100 with amendments found in Appendix Chapter K The provisions of this code do not apply to temporary growing structures used solely for the commercial production of horticultural plants including ornamental plants flowers, vegetables and fruits "Temporary growing structure" means a structure that has the sides and roof covered with polyethylene, polyvinyl, or similar flexible synthetic material and is used to provide plants with either frost protection or increased heat retention A temporary growing structure is not considered a building for purposes of this code The provisions of this code do not apply to the construction alteration or repair of temporary worker housing except as provided by rule adopted under chapter 70 114A RCW or chapter 37 Laws of 1998 (2SSB 6168) 'Temporary worker housing" means a place, area, or piece of land where sleeping places or housing sites are provided by an employer for his or her employees or by another person including a temporary worker housing operator who is providing such accommodations for employees, for temporary, seasonal occupancy and includes 'labor camps" under RCW 7054110 The manufacture storage handling, sale and use of fireworks shall be governed by chapter 70 77 RCW and by chapter 212 -17 WAC and local ordinances consistent with chapter 212 -17 WAC [Statutory Authority RCW 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 04 063 § 51 54A 007 filed 2/1/13 effective 7/1/13 ] (Effective July 1, 2013 ) 51-54A-008 lementation I he International Fire Code adopted by chapter 51 -54A WAC shall become effective in all counties and cities of this state on July 1 2013 [Statutory Authority RCW 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 04 063 § 51 54A 008 filed 2/1/13 effective 7/1/13 ] (Effective July 1, 2013 ) 61-64A-0101 Section 101 —Scope and general requirements 1012 1 Appendices Provisions in the appendices shall not apply unless specifically adopted The State Building Code Council has determined that a local ordinance adopting Appendix K Wildland Urban Interface Code may be adopted by any local government upon notification of the council [Statutory Authority RCW 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 04 063 § 51 54A 0101 filed 2/1/13 effective 7/1/13 ] Active July 1, 2013) 51 -04A -0105 Permits f http //apps leg wa gov /wac /default aspx 51 -54A &f ill- #[4/23/2013 4 4143 PM] W Chapter 51 -54A WAC STATE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE SECTION 105 SCOPE AND GENERAL REQUIREMENTS 1051 1 Permits required Any property owner or authorized agent who intends to conduct an operation or business or install or modify systems and equipment which is regulated by this code, or to cause any such work to be done shall first make application to the fire code Official and obtain the required permit [Statutory Authority RCW 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 04 063 § 51 54A 0105 filed 2/1/13 effective 7/1/13 ] (Effective July 1, 2013 ) 51 -54A -0202 General definitions SECTION 202 GENERAL DEFINITIONS ADULT FAMILY HOME A dwelling, licensed by Washington state, in which a person or persons provide personal care, special care, room and board to more than one but not more than six adults who are not related by blood or marriage to the person or persons providing the services ALERT SIGNAL A distinctive signal indicating the need for trained personnel and occupants to initiate a specific action such as shelter -in -place ALERT SYSTEM Approved devices, equipment and systems or combinations of systems used to transmit or broadcast an alert signal CHILD CARE For the purposes of these regulations child care is the care of children during any period of a 24 -hour day CHILD CARE, FAMILY HOME A child care facility licensed by Washington state located in the dwelling of the person or persons under whose direct care and supervision the child is placed for the care of twelve or fewer children including children who reside at the home COVERED BOAT MOORAGE A pier or system of floating or fixed access ways to which vessels on water may be secured and any portion of which are covered by a roof ELECTRICAL CODE The National Electrical Code promulgated by the National Fire Protection Association, as adopted by rule or local ordinance under the authority of chapter 19 28 RCW i EMERGENCY DRILL An exercise performed to train staff and Occupants and to evaluate their efficiency and effectiveness In carrying Out emergency procedures EXISTING Buildings, facilities or conditions that are already in existence, constructed or officially authorized pnor to the adoption of this code http //apps leg wa gov /wac /default aspx 51- 54A &full=true #[4/23/2013 4 4143 PM] I Chapter 51 -54A WAC STATE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE GRAVITY OPERATED DROP OUT VENTS Automatic smoke and heat vents containing heat - sensitive glazing designed to shrink and drop out of the vent openings when exposed to fire .,SPICE CARE CENTER A budding or portion thereof used on a 24 -hour basis for the provision of hospice services to terminally ill Inpatients MOTOR VEHICLE Includes, but not limited to, a vehicle, machine, tractor, trailer or semitrailer, or any combination thereof, propelled or drawn by mechanical power and designed for use upon the highways in the transportation of passengers or property It does not Include a vehicle, locomotive or car operated exclusively on a rail or rails or a trolley bus operated by electric power derived from a fixed overhead wire furnishing local passenger transportation similar to street - railway service The term "motor vehicle" also includes freight containers or cargo tanks used or intended for use in connection with motor vehicles NIGHTCLUB An A -2 Occupancy use under the 2006 International Building Code In which the aggregate area of concentrated use of unfixed chairs and standing space that is specifically designated and primarily used for dancing or viewing performers exceeds three hundred fifty square feet excluding adjacent lobby areas "Nightclub" does not include theaters with fixed seating banquet halls or lodge halls OCCUPANCY CLASSIFICATION For the purposes of this code certain occupancies are defined as follows Group 1 -2 This occupancy shall include buildings and structures used for medical care on a 24 -hour basis for more than five persons who are incapable of self - preservation This group shall include but not be limited to, the following Foster care facilities Detoxification facilities iospice care centers Hospitals Nursing homes Psychiatric hospitals Five or fewer persons receiving care A facility such as the above with five or fewer persons receiving such care shall be classified as Group R -3 or shall comply with the Intematronal Residential Code provided an automatic spnnkler system is installed in accordance with Section 903 3 13 or with Section P2904 of the International Residential Code Licensed care facility A facility such as the above providing licensed care to clients in one of the categories listed in Section 310 1 of the International Building Code licensed by Washington state shall be classified as Group R -2 Family home child care Family home child care licensed by Washington state for the care of twelve or fewer children shall be classified as Group R -3 or shall comply with the Intemational Residential Code Adult care facility A facility that provides accommodations for less than 24 hours for more than five unrelated adults and provides supervision and personal care services shall be classified as Group 1 -4 EXCEPTION Where the occupants are capable of responding to an emergency situation without physical assistance from the staff, the facility shall be classified as Group R -3 Child care facility Child care facilities that provide supervision and personal care on a less than 24 -hour basis for more than five children 2 1/2 http Happs leg wa gov /wac /default aspx 51 -54A &full =true #[4/23/2013 4 4143 PM] r Chapter 51 -54A WAC STATE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE years of age or less shall be classified as Group I-4 EXCEPTIONS 1 A child day care facility that provides care for more than five but no more than 100 children 2 1/2 years or less o age where the rooms in which the children are cared for are located on a level of exit discharge serving such rooms and each of these child care rooms has an exit door directly to the exterior, shall be classified as Group E 2 Family child care homes licensed by Washington state for the care of 12 or fewer children shall be classified as Group R -3 Residential Group R Residential Group R includes among others the use of a budding or structure, or a portion thereof, for sleeping purposes when not classified as an Institutional Group I or when not regulated by the Intemational Residential Code This group shall include R -1 Residential occupancies containing sleeping units where the occupants are primarily transient in nature including Boarding houses (transient) with more than 10 occupants Congregate living facilities (transient) with more than 10 occupants Hotels (transient) Motels (transient) R -2 Residential occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature, including Apartment houses Assisted living facilities as licensed by Washington state under chapter 388 -78A WAC Boarding houses (nontransient) with more than 16 occupants Congregate living facilities (nontransient) with more than 16 occupants Convents Dormitories Fraternities and sororities Hotels (nontransient) Live /work units Monasteries Motels (nontransient) Residential treatment facilities as licensed by Washington state under chapter 246 -337 WAC Vacation timeshare properties R-3 Residential occupancies where the occupants are primarily permanent in nature and not classified as Group R -1, R -2 or I including Buildings that do not contain more than two dwelling units Boarding houses (nontransient) with 16 or fewer occupants Boarding houses (transient) with 10 or fewer occupants Care facilities that provide accommodations for five or fewer persons receiving care http //apps leg wa gov /wac /default aspx 51- 54A &full #[4/23/2013 4 4143 PM] Chapter 51 -54A WAC STATE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE • Congregate living facilities (nontransient) with 16 or fewer occupants ,ongregate living facilities (transient) with 10 or fewer occupants Care facilities within a dwelling Care facilities for five or fewer persons receiving care that are within a single -family dwelling are permitted to comply with the International Residential Code provided an automatic sprinkler system is installed in accordance with Section 903 3 1 3 or with Section P2904 of the International Residential Code Adult family homes, family home child care Adult family homes and family home child care facilities that are within a single - family home are permitted to comply with the International Residential Code Foster family care homes Foster family care homes licensed by Washington state are permitted to comply with the International Residential Code, as an accessory use to a dwelling, for six or fewer children including those of the resident family R-4 Classification is not adopted Any reference in this code to R-4 does not apply PORTABLE SCHOOL CLASSROOM A structure, transportable in one or more sections, which requires a chassis to be transported, and is designed to be used as an educational space with or without a permanent foundation The structure shall be trailerable and capable of being demounted and relocated to other locations as needs arise RECALL SIGNAL An electrically or mechanically operated signal used to recall occupants after an emergency drill or to terminate a shelter -In -place event that shall be distinct from any alarm or alert signal used to Initiate an emergency plan or other signals SHELTER IN PLACE An emergency response used to minimize exposure of facility occupants to chemical or environmental hazards by taking refuge in predetermined Interior rooms or areas where actions are taken to Isolate the Interior environment from the exterior hazard [Statutory Authority RCW 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 04 063 § 51 54A 0202 filed 2/1/13 effective 7/11/131 (Effective July 1, 2013 ) 51-54A-0307 Open burning, recreational fires and portable outdoor fireplaces 307 21 Authorization Where required by state or local law or regulations open burning shall only be permitted with prior approval from the state or local air and water quality management authority, provided that all conditions specified in the authorization are followed See also chapter 173- 425 WAC 307 4 2 Recreational fires Recreational fires shall not be conducted within 25 feet of a structure or combustible material Conditions which could cause a fire to spread within 25 feet of a structure shall be eliminated prior to ignition See also chapter 173-425 WAC [Statutory Authority RCW 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 04 063 § 51 54A 0307 filed 2/1/13 effective 7/1/13 ] I— tectnre July 1, 2013) 51 -54A -0308 http / /apps leg wa gov /wac /default aspx 51- 54A &fullrtrue 4[4/23/2013 4 4143 PM] Chapter 51 -54A WAC STATE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE Open flames 308 1 4 Open -flame cooking devices This section is not adopted 308 1 7 Religious ceremonies Participants in religious ceremonies shall not be precluded from carrying hand -held candles See RCW 19 27 031(3) 308 1 9 Aisles and exits Candles shall be prohibited In areas where occupants stand or In an aisle or exit EXCEPTION Candles used In religious ceremonies [Statutory Authority RCW 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 04 063 § 51 54A 0308 filed 2/1/13 effective 7/1/13 ] (Effective July 1, 2013 ) 51 -54A -0401 General 4012 Approval Where required by the fire code official, fire safety plans emergency procedures and employee training programs shall be approved [Statutory Authority RCW 19 27A 031, 19 27 074 and chapters 19 27 and 34 05 RCW 13 -04 -063 § 51 -54A -0401, filed 2/1/13, effective 7/1/13 ] (Effective July 1, 2013 ) 51 -54A -0402 Definitions The following terms are defined in Chapter 2 ALARM SIGNAL ALERT SIGNAL ALERT SYSTEM EMERGENCY DRILL http //apps leg wa gov /wac /default aspx 51 -54A &full =true #[4/23/2013 4 4143 PM] Chapter 51 -54A WAC STATE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE SHELTER IN PLACE ,ALL SIGNAL [statutory Authority RCW 19 27A 031, 19 27 074 and chapters 19 27 and 34 05 RCW 13 -04 -063, § 51 -54A -0402, filed 2/1/13, effective 7/1/13 ] (Effective July 1, 2013 ) 51 -54A -0404 Fire safety and emergency plans 4041 General Fire safety, evacuation, shelter -in -place plans and associated drills shall comply with the requirements of Sections 404 2 through 40451 404 2 Fire safety and evacuation plans Fire safety and evacuation plans shall comply with the requirements of Sections 404 2 1 through 404222 404 21 Where required An approved fire safety and evacuation plan shall be prepared and maintained for the following occupancies and buildings 1 Group A having an occupant load of 100 or more 2 Group B buildings having an occupant load of 500 or more persons or more than 100 persons above or below the lowest level of exit discharge 3 Group E 4 Group F buildings having an occupant load of 500 or more persons or more than 100 persons above or below the lowest level of exit discharge 5 Group H 6 Group 1 7 Group R -1 8 Group R -2 college and university buildings Boarding homes group homes, and residential treatment facilities licensed by the state of Washington 9 High -rise buildings 10 Group M buildings having an occupant load of 500 or more persons or more than 100 persons above or below the lowest level of exit discharge 11 Covered malls exceeding 50,000 square feet (4645 m in aggregate floor area 12 Open mall buildings exceeding 50,000 square feet (4645 m in aggregate area within perimeter line 1 Underground buildings 14 Buildings with an atrium and having an occupancy in Group A E or M http Happs leg wa gov /wac /default aspx 51 -54A &full =true #[4/23/2013 4 4143 PM] Chapter 51 -54A WAC STATE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE 404 2 2 Contents Fire evacuation and safety plan contents shall be in accordance with Sections 404 2 2 1 and 404 2 2 2 404 2 21 Fire evacuation plans Fire evacuation plans shall include the following 1 Emergency egress or escape routes and whether evacuation of the budding is to be complete or where approved, by selected floors or areas only 2 Procedures for employees who must remain to operate critical equipment before evacuating 3 Procedures for assisted rescue for persons unable to use the general means of egress unassisted 4 Procedures for accounting for employees and occupants after evacuation has been completed 5 Identification and assignment of personnel responsible for rescue or emergency medical aid 6 The preferred and any alternative means of notifying occupants of a fire 7 The preferred and any alternative means of reporting fires and other emergencies to the fire department or designated emergency response organization 8 Identification and assignment of personnel who can be contacted for further information or explanation of duties under the plan 9 A description of the emergency voice/alarm communication system alert tone and preprogrammed voice messages, where provided 404 2 2 2 Fire safety plans Fire safety plans shall include the following 1 The procedure for reporting a fire or other emergency 2 The life safety strategy and procedures for notifying relocating or evacuating occupants, including occupants who need assistance 3 Site plans indicating the following 3 1 The occupancy assembly point 3 2 The locations of fire hydrants 3 3 The normal routes of fire department vehicle access 4 Floor plans identifying the locations of the following 41 Exits 4 2 Primary evacuation routes 43 Secondary evacuation routes 44 Accessible egress routes 45 Areas of refuge 46 Exterior areas for assisted rescue 47 Manual fire alarm boxes 48 Portable fire extinguishers http //apps leg wa gov /wac /default aspx 51 -54A &full =true #[4/23/2013 4 4143 PM] Chapter 51 -54A WAC STATE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE 4 9 Occupant -use hose stations 4 10 Fire alarm annunciators and controls 5 A list of major fire hazards associated with the normal use and occupancy of the premises, including maintenance and housekeeping procedures 6 Identification and assignment of personnel responsible for maintenance of systems and equipment Installed to prevent or control fires 7 Identification and assignment of personnel responsible for maintenance housekeeping and controlling fuel hazard sources 404 3 Shelter -in -place plans Shelter -in -place plans shall comply with the requirements of Sections 404 3 1 through404 3 2 404 31 Where required A shelter -in -place plan shall be prepared and maintained for all Group E occupancies EXCEPTION Day cares not colocated on a Group E campus 404 3 2 Shelter-in-place plan contents Shelter -in -place plans shall Include the following 1 Identification of the procedures of Initiating the shelter -In -place plan throughout the facility or campus 2 Identification of prearranged alert and recall signals to notify all occupants 3 Identification of procedures for reporting the facility is sheltering -in -place to the local emergency dispatch center 4 A means of two -way communication between a central location and each secure area, and consideration for maintaining means of -Imunication In absence of primary power 5 Identification of protective security measures 6 Location of emergency supplies 7 Accountability procedures for staff to report the presence or absence of occupants 8 Identification of crisis response team members In accordance with the National Incident Management System 9 Actions to be taken in the event of a fire or medical emergency while sheltering -in -place 404 4 Maintenance Emergency plans shall be reviewed or updated annually or as necessitated by changes in staff assignments, occupancy or the physical arrangement of the building 404 5 Availability Emergency plans shall be available in the workplace for reference and review by employees and copies shall be furnished to the fire code official for review upon request [Statutory Authority RCW 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 04 063 § 51 54A 0404 filed 2/1/13 effective 7/1/13 ] f=ffectnre July 1, 2013 ) 4A -0405 Emergency drills I I http //apps leg wa gov /wac /default aspx 51 -54A &full =true #[4/23/2013 4 4143 PM] i f Chapter 51 -54A WAC STATE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE 4051 General Emergency drills complying with the provisions of this section shall be conducted at least annually in the occupancies listed in Section 404 2 1 or when required by the fire code official Drills shall be designed in cooperation with the local authorities 405 2 Frequency Required emergency drills shall be held at the intervals specified in Table 405 2 or more frequently where necessary to familiarize all occupants with the drill procedure 405 21 Group E occupancies The occupancy shall conduct at a minimum the following drills during the year 1 One drill using the school mapping information system EXCEPTION Day cares not colocated on a school campus 2 Six fire evacuation drills 3 One shelter -in -place drill Table 405 2 Emergency Drill Frequency and Participation Group or Occupancy Frequency Participation Group A Quarterly Employees Group Be Annually Employees Group E Monthlya,e All Occupants Group F Annually Employees Group I Quarterly on each Employeesb shift Group R -1 Quarterly on each Employees shift Group R -2f Quarterly on each Employees shift Group R -2d Four Annually All Occupants High -rise Annually Employees buildings 'The frequency shall be allowed to be modified in accordance with Section 408 3 2 b Fire and evacuation drills in residential care assisted living facilities shall include complete evacuation of the premises in accordance with Section 408 10 5 Where occupants receive habilitation or rehabilitation training, fire prevention and fire safety practices shall be included as part of the training program c Group B buildings having an occupant load of 500 or more persons or more than 100 persons above or below the lowest level of exit discharge d Apphcable to Group R -2 college and university buildings in accordance with Section 408 3 http //apps leg wa gov /wac /default aspx 51 -54A &full =true #[4/23/2013 4 4143 PM] i I i Chapter 51 -54A WAC STATE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE eDay cares colocated on a Group E campus shall participate in emergency drills occurring on the campus f Applicable to boarding homes group homes, and residential treatment facilities licensed by the state of Washington -P05 4 Time Drills shall be held at unexpected times and under varying conditions to simulate the unusual conditions that occur in case of an emergency 405 5 Recordkeeping Records shall be maintained of required emergency evacuation drills and include the following information 1 Identity of the person conducting the drill 2 Date and time of the drill 3 Notification method used 4 Staff members on duty and participating 5 Number of occupants participating 6 Special conditions simulated 7 Problems encountered and corrective actions taken 8 Weather conditions when occupants were evacuated 9 Time required to accomplish complete evacuation, or shelter -in -place 405 6 Notification Where required by the fire code official, prior notification of emergency drills shall be given to the fire code official 405 7 Initiation Emergency drills shall be initiated in accordance with Sections 405 7 1 through 405 7 2 405 71 Fire evacuation drills Where a fire alarm system is provided, emergency evacuation drills shall be initiated by activating the fire alarm system The fire alarm monitoring company shall be notified prior to the activation of the fire alarm system for drills proposed and again at the conclusion of the transmission and restoration of the fire alarm system to normal mode EXCEPTION Drills conducted between the hours of 9 00 p m and 6 00 a m , in Group R -2 boarding homes, group homes, and residential treatment facilities licensed by the state of Washington 405 7 2 Shelter -in -place drills Shelter -in -place drills shall be initiated by the shelter -in -place alert signal generated by the alerting system in accordance with Section 915 405 8 Accountability As budding occupants arrive at the assembly point efforts shall be made to determine if all occupants have been successfully evacuated and /or have been accounted for in the shelter -in -place 405 9 Recall and reentry The recall signal initiation shall be manually operated and under the control of the person in charge of the premises or the official in charge of the incident No one shall reenter the premises until authorized to do so by the official in charge re+ , 4tutory Authority RCW 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 04 063 § 51 54A 0405 filed 2/1/13 effective 7/1/13 ] http //apps leg wa gov /wac /default aspx 51 -54A &full =true #[4/23/2013 4 4143 PM] Chapter 51 -54A WAC STATE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE (Effective July 1, 2013 ) 51 -54A -0406 Employee training and response procedures 4061 General Employees in the occupancies listed in Section404 2 1 shall be trained in the emergency procedures described in their emergency plans Training shall be based on these plans and as described in Section 404 2 and 404 3 406 2 Frequency Employees shall receive training in the contents of the emergency plans and their duties as part of new employee orientation and at least annually thereafter Records shall be kept and made available to the fire code official upon request 406 3 Employee training program Employees shall be trained in fire prevention evacuation sheltering -in- place, and fire safety in accordance with Sections 406 3 1 through 406 3 3 406 3 3 Emergency shelter -in -place training Where a facility has a shelter -in -place plan employees shall be trained on the alert and recall signals, communication system location of emergency supplies, the use of the incident notification and alarm system and their assigned duties and procedures in the event of an alarm or emergency [Statutory Authority RCW 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 04 063 § 51 54A 0406 filed 2/1/13 effective 7/1/13 ] { (Effective July 1, 2013 ) 51 -54A -0408 Use and occupancy - related requirements 40810 Group R-4 occupancies This section is not adopted [Statutory Authority RCW 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 -04 -063 § 51 -54A -0408, filed 2/1/13 effective 7/1/13 ] (Effective July 1, 2013 ) 51 -54A -0503 Fire apparatus access roads 5031 Where required Fire apparatus access roads shall be provided and maintained in accordance with locally adopted street road, and access standards 503 1 1 Buildings and facilities, is not adopted 5031 2 Additional access, is not adopted http / /apps leg wa gov /wac /default aspx ?cde= 51 -54A &full =true #[4/23/2013 4 4143 PM] Chapter 51 -54A WAC STATE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE 5031 3 High -piled storage, is not adopted 2 Specifications This section is not adopted 503 3 Marking This section is not adopted 503 4 Obstruction of fire apparatus access roads This section is not adopted 503 41 Traffic calming devices This section is not adopted [Statutory Authority RCW 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 04 063 § 51 54A 0503 filed 2/1/13 effective 7/1/131 (Effective July 1, 2013 ) 51-54A-0507 Fire protection water supplies 507 3 Fire flow Fire flow requirements for buildings or portions of buildings and facilities shall be determined by an approved method _ .CEPTION Fire flow is not required for structures under 500 square feet with a B, U or R -1 occupancy where structures are at least 30 feet from any other structure and are used only for recreation [Statutory Authority RCW 19 27A 031, 19 27 074 and chapters 19 27 and 34 05 RCW 13 -04 -063, § 51 -54A -0507 filed 2/1/13 effective 7/1/13 ] (Effective July 1, 2013 ) 51-54A-0508 Fire command center 5081 2 Separation The fire command center shall be separated from the remainder of the building by not less than a 2 -hour fire barrier constructed in accordance with Section 707 of the International Building Code or horizontal assembly constructed in accordance with Section 712 of the International Building Code, or both [Statutory Authority RCW 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 04 063 § 51 54A 0508 filed 2/1/13 effective 7/1/131 (Effective July 1, 2013 ) http //apps leg wa gov /wac /default aspx ?cite= 51 -54A &full =true #[4/23/2013 4 4143 PM] Chapter 51 -54A WAC STATE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE 51 -54A -0605 Electrical equipment, wiring and hazards 60511 Solar photovoltaic power systems This section is not adopted [Statutory Authority RCw 19 27A 031, 19 27 074 and chapters 19 27 and 34 05 RCW 13 -04 -063 § 51 -54A -0605, filed 2/1/13 effective 7/1/13 ] (Effective July 1, 2013 ) 51 -54A -0609 Commercial kitchen hoods [M] 609 2 Where required A Type I hood shall be installed at or above all commercial cooking appliances and domestic cooking appliances used for commercial purposes that produce grease laden vapors EXCEPTIONS 1 A Type I hood shall not be required for an electric cooking appliance where an approved testing agency provides documentation that the appliance effluent contains 5 mg /m or less of grease when tested at an exhaust flow rate of 500 cfm (0 236 m /s) in accordance with Section 17 of UL 710B 2 A Type I hood shall not be required to be installed in an R -2 occupancy with not more than 16 residents 609 21 Domestic cooking appliances used for commercial purposes Domestic cooking appliances utilized for commercial purposes shall be provided with Type I Type II or residential hoods as required for the type of appliances and processes in accordance with Table 609 2 1 and Sections 507 2 507 2 1 and507 2 2 of the International Mechanical Code Table 609 21 Type of Hood Required for Domestic Cooking Appliances in the Following Spacesa, b Type of Type of Space Cooking Type of Hood Church 1 Boding Type II hood steaming and warming precooked food 2 Roasting, pan Type I hood frying and deep frying Community or 1 Boding, Residential hood° party room in steaming and d apartment and warming or Type II hood condominium precooked food 2 Roasting, pan Type I hood frying and deep frying Day care 1 Boding, c http / /apps leg wa gov /wac /default aspx 51 -54A &full - #[4/23/2013 4 4143 PM] Chapter 51 -54A WAC STATE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE ` Residential hood steaming and or Type II hoodd warming precooked food 2 Roasting, pan Type I hood frying and deep frying Dormitory, 1 Boiling, Type II hood boarding home, steaming and nursing home warming precooked food 2 Roasting, pan Type I hood frying and deep frying Office lunch 1 Boiling, Residential hood room steaming and or Type II hoodd warming precooked food 2 Roasting pan Type I hood frying and deep frying a Commercial cooking appliances shall comply with Section 507 2 of the International Mechanical Code b Requirements in this table apply to electric or gas fuel appliances only Solid fuel appliances or charbroilers require Type I hoods Residential hood shall ventilate to the outside ype II hood required when more than one appliance is used 609 3 Operations, inspection and maintenance Commercial cooking systems shall be operated inspected and maintained in accordance with Sections 609 3 1 through 609 3 4 and Chapter 11 of NFPA 96 [Statutory Authority RCW 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 04 063 § 51 54A 0609 filed 2/1/13 effective 7/1/13 ] Notes Reviser s note The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency (Effective July 1, 2013 ) 51 -54A -0806 Decorative vegetation in new and existing buildings 806 1 1 Restricted occupancies Natural cut trees shall be prohibited in the following occupancies 1 Group I and R -2 occupancies providing licensed care to clients in one of the categories listed in the International Building Code, Section 310 1 licensed Jashington state http //apps leg wa gov /wac /default aspx 51 -54A &full =true #[4/23/2013 4 4143 PM] Chapter 51 -54A WAC STATE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE • 806 1 2 Support devices The support device that holds the tree in an upright position shall be of a type that is stable and that meets all of the following criteria 1 The device shall hold the tree securely and be of adequate size to avoid tipping over of the tree 2 The device shall be capable of containing a minimum supply of water in accordance with Table 806 1 2 3 The water level, when full, shall cover the tree stem at least 2 inches (51 mm) The water level shall be maintained above the fresh cut and checked at least once dally Table 806 1 2 Support Stand Water Capacity Minimum Support Typical Dally Tree Stem Stand Water Water Diameter Capacity Transpiration (inches) (gallons) Amount (gallons) Upto4 1 1/4to1 4 to 6 1 1/2 1 1/4 to 1 1/2 7to8 2 13/4to2 9 to 12 3 2 1/4 to 3 13 and over 4 Over 3 [Statutory Authority RCW 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 04 063 § 51 54A 0806 filed 2/1/13 effective 7/1/13 ] (Effective July 1, 2013 ) 51-54A -0903 Automatic sprinkler systems 903 21 6 Nightclub An automatic sprinkler system shall be provided throughout Group A -2 nightclubs as defined in this code 903 2 3 Group E An automatic spnnkler system shall be provided for Group E occupancies EXCEPTIONS 1 Portable school classrooms with an occupant load of 50 or less calculated in accordance with Table 1004 1 2, provided that the aggregate area of any cluster of portable classrooms does not exceed 5,000 square feet (1465 m and clusters of portable school classrooms shall be separated as required by the building code 2 Group E occupancies with an occupant load of 50 or less, calculated in accordance with Table 1004 12 903 2 8 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 EXCEPTION Group R -1 if all of the following conditions apply http / /apps leg wa gov /wac /default aspx ?cite= 51 -54A &full =true #[4/23/2013 4 4143 PM] Chapter 51 -54A WAC STATE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE 1 The Group R fire area is no more than 500 square feet and is used for recreational use only 2 The Group R fire area is on only one story 3 The Group R fire area does not Include a basement 4 The Group R fire area Is no closer than 30 feet from another structure 5 Cooking is not allowed within the Group R fire area 6 The Group R fire area has an occupant load of no more than 8 7 A hand -held (portable) fire extinguisher is In every Group R fire area 903 2 111 3 Basements Where any portion of a basement Is located more than 75 feet (22 860 mm) from openings required by Section 903 2 11 1 or where new walls, partitions or other similar obstructions are installed that increase the exit access travel distance to more than 75 feet the basement shall be equipped throughout with an approved automatic sprinkler system [Statutory Authority RCW 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 04 063 § 51 54A 0903 filed 2/1/13 effective 7/1/131 (Effective July 1, 2013 ) 51 -54A -0907 Fire alarm and detection systems 907 2 91 1 Group R -2 boarding homes A manual fire alarm system shall be installed in Group R -2 occupancies where the building contains a boarding home licensed by the state of Washington EXCEPTION In boarding homes licensed by the state of Washington, manual fire alarm boxes In resident sleeping areas shall not be required at exits if located at all constantly attended staff locations, provided such staff locations are visible, continuously accessible, located on each floor, and positioned so no portion of the story exceeds a horizontal travel distance of 200 feet to a manual fire alarm box [Statutory Authority RCW 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 -04 -063, § 51 -54A -0907 filed 2/1/13, effective 7/1/13 ] (Effective July 1, 2013 ) 51-54A -0908 Emergency alarm systems 908 7 Carbon monoxide alarms Group I or Group R occupancies shall be provided with single station carbon monoxide alarms Installed outside of each separate sleeping area in the immediate vicinity of the bedrooms in dwelling units or sleeping units and on each level of the dwelling The carbon monoxide alarms shall be listed as complying with UL 2034 and be installed and maintained In accordance with NFPA 720 -2012 and the manufacturer's Instructions ,EPTIONS 1 For other than R -2 occupancies, the building does not contain a fuel - burning appliance, a fuel - burning fireplace, or an attached garage, or 2 Sleeping units or dwelling units in I and R -1 occupancies and R -2 college dormitories, hotel, and DSHS licensed http //apps leg wa gov /wac /default aspx9cite= 51 -54A &full =true #[4/23/2013 4 4143 PM] Chapter 51 -54A WAC STATE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE a boarding home and residential treatment facility occupancies which do not themselves contain a fuel - burning appliance, or a fuel - burning fireplace, or have an attached garage need not be provided with carbon monoxide alarms provided that a The sleeping unit or dwelling unit is not adjacent to any room which contains a fuel - burning appliance a fuel - burning fireplace, or an attached garage, and b The sleeping unit or dwelling unit is not connected by duct work or ventilation shafts with a supply or return register in the same room to any room containing a fuel - burning appliance, a fuel - burning fireplace, or an attached garage, and c The budding is provided with a common area carbon monoxide detection system 3 An open parking garage, as defined in Chapter 2 of the International Building Code, or enclosed parking garage ventilated in accordance with Section 404 of the International Mechanical Code shall not be considered an attached garage 908 71 Carbon monoxide detection systems Carbon monoxide detection systems that include carbon monoxide detectors and audible notification appliances installed and maintained in accordance with this section for carbon monoxide alarms and NFPA 720 -2012 shall be permitted The carbon monoxide detectors shall be listed as complying with UL 2075 [Statutory Authority RCW 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 04 063 § 51 54A 0908 filed 2/1/13 effective 7/1/131 (Effective July 1, 2013 ) 61-54A-0909 Smoke control systems 909 21 Elevator hoistway pressurization alternative Where elevator hoistway pressurization is provided in lieu of required enclosed elevator lobbies the pressurization system shall comply with Sections 909 211 through 909 21 13 909 211 Pressurization requirements Elevator hoistways shall be pressurized to maintain a minimum positive pressure of 0 10 inches of water (25 Pa) and a maximum positive pressure of 0 25 inches of water (67 Pa) with respect to adjacent occupied space on all floors This pressure shall be measured at the midpoint of each hoistway door with all elevator cars at the floor of recall and all hoistway doors on the floor of recall open and all other hoistway doors closed The opening and closing of hoistway doors at each level must be demonstrated during this test The supply air intake shall be from an outside uncontaminated source located a minimum distance of 20 feet (6096 mm) from any air exhaust system or outlet 909 212 Rational analysis A rational analysis complying with Section 909 4 shall be submitted with the construction documents 909 213 Ducts for system Any duct system that is part of the pressurization system shall be protected with the same fire- resistance rating as required for the elevator shaft enclosure 909 214 Fan system The fan system provided for the pressurization system shall be as required by Sections 909 214 1 through 909 214 4 909 214 1 Fire resistance When located within the building, the fan system that provides the pressurization shall be protected with the same fire - resistance rating required for the elevator shaft enclosure 909 214 2 Smoke detection The fan system shall be equipped with a smoke detector that will automatically shut down the fan system when smoke is detected within the system http //apps leg wa gov /wac /default aspx 51 -54A &full =true #[4/23/2013 4 4143 PM] Chapter 51 -54A WAC STATE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE 909 214 3 Separate systems A separate fan system shall be used for each elevator holstway 214 4 Fan capacity The supply fan shall either be adjustable with a capacity of at least 1,000 cfm (0 4719 m /s) per door, or that specified by a registered design professional to meet the requirements of a designed pressurization system 909 215 Standby power The pressurization system shall be provided with standby power from the same source as other required emergency systems for the budding 909 216 Activation of pressurization system The elevator pressurization system shall be activated upon activation of the building fire alarm system or upon activation of the elevator lobby smoke detectors Where both a building fire alarm system and elevator lobby smoke detectors are present, each shall be Independently capable of activating the pressurization system 909 217 Special inspection Special Inspection for performance shall be required in accordance with Sectlon909 18 8 System acceptance shall be in accordance with Section 909 19 909 218 Marking and identification Detection and control systems shall be marked in accordance with Section 909 14 909 219 Control diagrams Control diagrams shall be provided in accordance with Section 909 15 909 2110 Control panel A control panel complying with Section 909 16 shall be provided ^ ^Q 2111 System response time Hoistway pressurization systems shall comply with the requirements for smoke control system response time in Ion 909 17 909 2112 Hoistway venting Hoistway venting required by Section 3004 of the International Building Code need not be provided for pressurized elevator shafts 909 2113 Machine rooms Elevator machine rooms shall be pressurized in accordance with this section unless separated from the holstway shaft by construction in accordance with Section 707 of the International Building Code [Statutory Authority RCW 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 04 063 § 51 54A 0909 filed 2/1/13 effective 7/1/13 ] (Effective July 1, 2013 ) 51 -54A -0915 Alerting systems 9151 General An approved alerting system shall be provided in buildings and structures as required in Chapter 4 and this section unless other requirements are provided by another section of this code ,,EPTION Approved alerting systems in existing buildings, structures or occupancies http //apps leg wa gov /wac /default aspx 51- 54A &fullrtrue #[4/23/2013 4 4143 PM] Chapter 51 -54A WAC STATE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE 915 2 Power source Alerting systems shall be provided with power supplies in accordance with Section 4 4 1 of NFPA 72 and circuit disconnecting means identified as "EMERGENCY ALERTING SYSTEM " EXCEPTION Systems which do not require electrical power to operate 915 3 Duration of operation The alerting system shall be capable of operating under nonalarm condition (quiescent load) for a minimum of 24 hours and then shall be capable of operating during an emergency condition for a period of 15 minutes at maximum connected load 915 4 Combination system Alerting system components and equipment shall be allowed to be used for other purposes 915 41 System priority The alerting system use shall take precedence over any other use 915 4 2 Fire alarm system Fire alarm systems sharing components and equipment with alerting systems must be in accordance with Section 684 of NFPA 72 915 4 21 Signal priority Recorded or live alert signals generated by an alerting system that shares components with a fire alarm system shall, when actuated take priority over fire alarm messages and signals 915 4 2 2 Temporary deactivation Should the fire alarm system be in the alarm mode when such an alerting system is actuated it shall temporarily cause deactivation of all fire alarm- initiated audible messages or signals during the time period required to transmit the alert signal 915 4 2 3 Supervisory signal Deactivation of fire alarm audible and visual notification signals shall cause a supervisory signal for each notification zone affected in the fire alarm system 915 5 Audibility Audible characteristics of the alert signal shall be in accordance with Section 7 4 1 of NFPA 72 throughout the area served by the alerting system EXCEPTION Areas served by approved visual or textual notification, where the visible notification appliances are not also used as a fire alarm signal, are not required to be provided with audibility complying with Section 915 6 915 6 Visibility Visible and textual notification appliances shall be permitted in addition to alert signal audibility [Statutory Authority RCW 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 04 063 § 51 54A 0915 filed 2/1/13 effective 7/1/13 ] (Effective July 1, 2013 ) 51-54A -1007 Accessible means of egress 1007 1 Accessible means of egress required Accessible means of egress shall comply with this section Accessible spaces shall be provided with not less than one accessible means of egress Where more than one means of egress are required by Section 1015 1 or 1021 1 from any accessible space each accessible portion of the space shall be served by not less than two accessible means of egress http / /apps leg wa gov /wac /default aspx ?cite= 51 -54A &full =true #[4/23/2013 4 4143 PM] Chapter 51 -54A WAC STATE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE EXCEPTIONS 1 Accessible means of egress are not required in alterations to existing buildings 2 One accessible means of egress is required from an accessible mezzanine level In accordance with Section 1007 3, 1007 4 or 1007 5 3 In assembly areas with sloped or stepped aisles, one accessible means of egress is permitted where the common path of travel is accessible and meets the requirements in Section 1028 8 4 In parking garages, accessible means of egress are not required to serve parking areas that do not contain accessible parking spaces 1007 81 System requirements Two -way communication systems shall provide communication between each required location and the fire command center or a central control point location approved by the fire department Where the central control point is not constantly attended a two -way communication system shall have a timed automatic telephone dial -out capability to a monitonng location The two -way communication system shall include both audible and visible signals The two -way communication system shall have a battery backup or an approved alternate source of power that is capable of 90 minutes use upon failure of the normal power source [Statutory Authority RCW 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 04 063 § 51 54A 1007 filed 2/1/13 effective 7/1/13 ] (Effective July 1, 2013 ) 51-54A -1008 Doors, gates and turnstiles 1008 1 9 3 Locks and latches Locks and latches shall be permitted to prevent operation of doors where any of the following exists Places of detention or restraint 2 In buildings in occupancy Group A having an occupant load of 300 or less, Groups B F, M and S and in places of religious worship, the main exterior door or doors are permitted to be equipped with key- operated locking devices from the egress side provided 2 1 The locking device is readily distinguishable as locked, 2 2 A readily visible sign is posted on the egress side on or adjacent to the door stating THIS DOOR TO REMAIN UNLOCKED WHEN BUILDING IS OCCUPIED The sign shall be in letters 1 inch (25 mm) high on a contrasting background, and 2 3 The use of the key- operated locking device is revocable by the building official for due cause 3 Where egress doors are used in pairs approved automatic flush bolts shall be permitted to be used, provided that the door leaf having the automatic flush bolts has no doorknob or surface- mounted hardware 4 Doors from individual dwelling or sleeping units of Group R occupancies having an occupant load of 10 or less are permitted to be equipped with a night latch dead bolt or security chain provided such devices are openable from the inside without the use of a key or a tool t 5 Fire doors after the minimum elevated temperature has disabled the unlatching mechanism in accordance with listed fire door test procedures 6 Approved, listed locks without delayed egress shall be permitted in Group R -2 boarding homes licensed by Washington state provided that 6 1 The clinical needs of one or more patients require specialized security measures for their safety 6 2 The doors unlock upon actuation of the automatic sprinkler system or automatic fire detection system I 3 The doors unlock upon loss of electrical power controlling the lock or lock mechanism 1 i 6 4 The lock shall be capable of being deactivated by a signal from a switch located in an approved location i I j http / /apps leg wa gov /wac /default aspx9cite= 51- 54A &full=true #[4/23/2013 4 4143 PM] Chapter 51 -54A WAC STATE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE 6 5 There is a system, such as a keypad and code in place that allows visitors, staff persons and appropriate residents to exit Instructions for exiting shall be posted within six feet of the door 1008 1 9 6 Special locking arrangements in Group 1 -2 Approved special egress locks shall be permitted in a Group 1 -2 Occupancy where the clinical needs of persons receiving care require such locking Special egress locks shall be permitted in such occupancies where the building is equipped throughout with an automatic sprinkler system in accordance with Section 903 3 1 1 or an approved automatic smoke or heat detection system installed in accordance with Section 907, provided that the doors unlock in accordance with Items 1 through 7 1 The doors unlock upon actuation of the automatic sprinkler system or automatic fire detection system 2 The doors unlock upon loss of power controlling the lock or lock mechanism 3 The door locks shall have the capability of being unlocked by a signal from the fire command center, a nursing station or other approved location 4 A building occupant shall not be required to pass through more than one door equipped with a special egress lock before entering an exit 5 The procedures for the operation(s) of the unlocking system shall be described and approved as part of the emergency planning and preparedness required by Chapter 4 of the International Fire Code 6 There is a system, such as a keypad and code in place that allows visitors staff persons and appropriate residents to exit Instructions for exiting shall be posted within six feet of the door 7 Emergency lighting shall be provided at the door EXCEPTION Items 1, 2, 3, and 6 shall not apply to doors to areas where persons, which because of clinical needs, require restraint or containment as part of the function of a psychiatric treatment area provided that all clinical staff shall have the keys, codes or other means necessary to operate the locking devices [Statutory Authority RCw 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 -04 -063 § 51 -54A -1008 filed 2/1/13, effective 7/1/13 ] (Effective July 1, 2013 ) 51-54A-1009 Stairways and handrails 1009 3 Exit access stairways Floor openings between stories created by exit access stairways shall be enclosed EXCEPTIONS 1 In other than Group 1 -2 and 1 -3 occupancies, exit access stairways that serve, or atmospherically communicate between, only two stories are not required to be enclosed Such interconnected stories shall not be open to other stories 2 Exit access stairways serving and contained within a single residential dwelling unit or sleeping unit in Group R- R-2 or R -3 occupancies are not required to be enclosed 3 In Group B or M occupancies, exit access stairways that are designed exclusively for circulation are not required to http / / apps leg wa gov /wac /default aspx 51 -54A &full =true #[4/23/2013 4 4143 PM] Chapter 51 -54A WAC STATE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE be enclosed provided that the budding is equipped throughout with an automatic sprinkler system in accordance with Section 903 3 1 1, the area of the floor opening between stories does not exceed twice the horizontal projected area of the exit access stairway, and the opening is protected by a draft curtain and closely spaced sprinklers in accordance with NFPA 13 4 In other than Group B and M occupancies, exit access stairways that are designed exclusively for circulation are not required to be enclosed provided that the budding is equipped throughout with an automatic sprinkler system in accordance with Section 903 3 1 1, the floor opening does not connect more than four stories, the area of the floor opening between stories does not exceed twice the horizontal projected area of the exit access stairway, and the opening is protected by a draft curtain and closely spaced sprinklers in accordance with NFPA 13 5 Exit access stairways with an atrium complying with the provisions of Section 404 of the International Budding Code are not required to be enclosed 6 Exit access stairways and ramps in open parking garages that serve only the parking garage are not required to be enclosed 7 Stairways serving outdoor facilities where all portions of the means of egress are essentially open to the outside are not required to be enclosed 8 Exit access stairways serving stages, platforms and technical production areas in accordance with Sections 410 6 2 and 410 6 3 of the International Budding Code are not required to be enclosed 9 Stairways are permitted to be open between the balcony, gallery or press box and the main assembly floor in occupancies such as theaters, places of religious worship, auditoriums and sports facilities 10 In Group 1 -3 occupancies, exit access stairways constructed in accordance with Section 408 5 of the International Budding Code, are not required to be enclosed 1009 18 Stairways in individual dwelling units Stairs or ladders within an individual dwelling unit used for access to areas of 200 square feet (18 6 m or less and not containing the primary bathroom or kitchen, are exempt from the requirements of Section 1009 rcratutory Authority RCW 19 27A 031, 19 27 074 and chapters 19 27 and 34 05 RCW 13 -04 -063 § 51 -54A -1009, filed 2/1/13 effective 7/1/13 ] (Effective July 1, 2013 ) 51-54A-1010 Ramps 10101 Scope The provisions of this section shall apply to ramps used as a component of a means of egress EXCEPTIONS 1 Other than ramps that are part of the accessible routes providing access in accordance with Sections 1108 2 through 1108 2 4 and 1108 2 6, ramped aisles within assembly rooms or spaces shall conform with the provisions in Section 1028 11 2 Curb ramps shall comply with ICC All 17 1 3 Vehicle ramps in parking garages for pedestrian exit access shall not be required to comply with Sections 1010 4 through 1010 10 when they are not an accessible route serving accessible parking spaces or other required accessible elements 4 In a parking garage where one accessible means of egress serving accessible parking spaces or other accessible elements is provided, a second accessible means of egress serving that area may include a vehicle ramp that does not comply with Sections 1010 5, 1010 6, and 1010 9 A landing complying with Sections 1010 7 1 and 1010 7 4 shall be provided at any change of direction in the accessible means of egress [Statutory Authority RCW 19 27A 031, 19 27 074 and chapters 19 27 and 34 05 RCW 13 -04 -063, § 51 -54A -1010 filed 211/13, effective 7/1/13 ] http / /apps leg wa gov /wac /default aspx 51- 54A &full=true #[4/23/2013 4 4143 PM] Chapter 51 -54A WAC STATE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE • (Effective July 1, 2013 ) 51 -54A -1018 Corridors 1018 5 Air movement in corridors Corridors shall not serve as supply return exhaust, relief or ventilation air ducts EXCEPTIONS 1 Use of a corridor as a source of makeup air for exhaust systems in rooms that open directly onto such corridors, including toilet rooms, bathrooms, dressing rooms smoking lounges and janitor closets, shall be permitted provided that each such corridor is directly supplied with outdoor air at a rate greater than the rate of makeup air taken from the corridor 2 Where located within a dwelling unit, the use of corridors for conveying return air shall not be prohibited 3 Where located within tenant spaces of one thousand square feet (93 m or less in area, utilization of corridors for conveying return air is permitted 4 Incidental air movement from pressurized rooms within health care facilities, provided that a corridor is not the primary source of supply or return to the room 5 Where such air is part of an engineered smoke control system 6 Air supplied to corridors serving residential occupancies shall not be considered as providing ventilation air to the dwelling units subject to the following 6 1 The air supplied to the corridor is one hundred percent outside air, and 6 2 The units served by the corridor have conforming ventilation air independent of the air supplied to the corridor, and 6 3 For other than high -rise buildings, the supply fan will automatically shut off upon activation of corridor smoke detectors which shall be spaced at no more than thirty feet (9144 mm) on center along the corridor, or 6 4 For high -rise buildings, corridor smoke detector activation will close required smoke /fire dampers at the supply inlet to the corridor at the floor receiving the alarm 1018 6 Corridor continuity Fire - resistance-rated corridors shall be continuous from the point of entry to an exit, and shall not be interrupted by intervening rooms EXCEPTIONS 1 Foyers, lobbies or reception rooms constructed as required for corridors shall not be construed as intervening rooms 2 In Group R -2 boarding homes and residential treatment facilities licensed by Washington state, seating areas shall be allowed to be open to the corridor provided 2 1 The seating area is constructed as required for the corridor, 2 2 The floor is separated into at least two compartments complying with Section 407 5 of the International Budding Code 2 3 Each individual seating area does not exceed 150 square feet, excluding the corridor width, 2 4 The combined total space of seating areas per compartment does not exceed 300 square feet, excluding the corridor width, 2 5 Combustible furnishings located within the seating area shall be in accordance with Section 805, and 2 6 Emergency means of egress lighting is provided as required by Section 1006 to illuminate the area [Statutory Authority RCw 19 27A 031, 19 27 074 and chapters 19 27 and 34 05 RCW 13 -04 -063, § 51 -54A -1018 filed 2/1/13, effective 7/1/13 ] http //apps leg wa gov /wac /default aspx ?cite= 51 -54A &full =true #[4/23/2013 4 4143 PM] Chapter 51 -54A WAC STATE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE c ictnre July 1, 2013 ) 5 i - 54A -1021 Number of exits and exit configurations 10213 1 Access to exits at adjacent levels Access to exits at other levels shall be by stairways or ramps Where access to exits occurs from adjacent budding levels the horizontal and vertical exit access travel distance to the closest exit shall not exceed that specified in Section 1016 1 The path of egress travel to an exit shall not pass through more than one adjacent story EXCEPTION Landing platforms or roof areas for helistops that are less than 60 feet (18,288 mm) long, or less than 2 000 square feet (186 m in area, shall be permitted to access the second exit by a fire escape, alternating tread device or ladder leading to the story or level below [Statutory Authority RCW 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 04 063 § 51 54A 1021 filed 2/1/13 effective 7/1/13 ] (Effective July 1, 2013 ) 51 -54A -1103 e safety requirements for existing buildings 1103 4 3 Nightclub An automatic sprinkler system shall be provided throughout A -2 nightclubs as defined in this code No budding shall be constructed for, used for, or converted to occupancy as a nightclub except in accordance with this section 1103 9 Carbon monoxide alarms Existing Group I or Group R occupancies shall be provided with single station carbon monoxide alarms in accordance with Section 908 7 An inspection will occur when alterations repairs or additions requiring a permit occur or when one or more sleeping rooms are added or created The carbon monoxide alarms shall be listed as complying with UL 2034 and be installed and maintained in accordance with NFPA 720 -2012 and the manufacturer's instructions EXCEPTIONS 1 For other than R -2 occupancies, if the building does not contain a fuel - burning appliance, a fuel - burning fireplace, or an attached garage 2 Work involving the exterior surfaces of dwellings, such as the replacement of roofing or siding, or the addition or replacement of windows or doors, or the addition of a porch or deck or electrical permits 3 Installation, alteration or repairs of noncombustion plumbing or mechanical systems 4 Sleeping units or dwelling units in I and R -1 occupancies and R -2 college dormitories, hotel, and DSHS licensed boarding home and residential treatment facility occupancies which do not themselves contain a fuel - burning appliance, a fuel - burning fireplace, or have an attached garage, need not be provided with carbon monoxide alarms provided that 4 1 The sleeping units or dwelling unit is not adjacent to any room which contains a fuel - burning appliance, a fuel - burning fireplace, or an attached garage, and 4 2 The sleeping units or dwelling unit is not connected by duct work or ventilation shafts with a supply or return register in the same room to any room containing a fuel - burning appliance, a fuel - burning fireplace, or to an attached garage, and 4 3 The building is provided with a common area carbon monoxide detection system http //apps leg wa gov /wac /default aspx ?cite= 51 -54A &full =true #[4/23/2013 4 4143 PM] Chapter 51 -54A WAC STATE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE 5 An open parking garage, as defined in the International Building Code or enclosed parking garage ventilated in accordance with Section 404 of the International Mechanical Code shall not be considered an attached garage [Statutory Authority RCW 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 04 063 § 51 54A 1103 filed 2/1/13 effective 7/1113 ] (Effectnre July 1, 2013 ) 51-54A -1104 Means of egress for existing buildings 11041 General Means of egress in existing buildings shall comply with Section 1030 and 1104 2 through 1104 24 EXCEPTION Means of egress conforming to the requirements of the building code under which they were constructed and Section 1030 shall not be required to comply with 1104 2 through 1104 22 and 1104 24 [Statutory Authority RCW 19 27A 031, 19 27 074 and chapters 19 27 and 34 05 RCW 13 -04 -063, § 51 -54A -1104, filed 2/1/13, effective 7/1/13 ] (Effective July 1, 2013 ) 51 -54A -3601 Marinas — Scope 360112 Permits For permits to operate marine motor fuel - dispensing stations, application of flammable or combustible finishes and hot works see Section 105 6 [Statutory Authority RCW 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 04 063 § 51 54A 3601 filed 2/1/13 effective 7/1/13 ] (Effective July 1, 2013 ) 51 -54A -3602 Definitions 36021 Definitions The following terms are defined in Chapter 2 COVERED BOAT MOORAGE http //apps leg wa gov /wac /default aspx 51 -54A &full =true #[4/23/2013 4 4143 PM] Chapter 51 -54A WAC STATE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE c FLOAT ur(AVITY OPERATED DROP OUT VENTS MARINA PIER VESSEL WHARF [Statutory Authority RCW 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 -04 -063, § 51 -54A -3602 filed 2/1/13 effective 7/1/13 ] (Effective July 1, 2013 ) 51 -54A -3604 Fire protection equipment 3604 2 Standpipes Marinas shall be equipped throughout with Class I manual, dry standpipe systems in accordance with NFPA 303 Systems shall be provided with outlets located such that no point on the marina pier or float system exceeds 150 feet from a standpipe outlet 3604 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 and approved by the fire code official At least one fire hydrant capable of providing the required fire flow shall be provided within an approved distance of standpipe supply connections 3604 4 Portable fire extinguishers One 4A40BC fire extinguisher shall be provided at each standpipe outlet Additional fire extinguishers, suitable for the hazards involved shall be provided and maintained in accordance with Section 906 3604 7 Smoke and heat vents Approved automatic smoke and heat vents shall be provided in covered boat moorage areas exceeding 2 500 sq ft (232 m 2 ) in area excluding roof overhangs EXCEPTION Smoke and heat vents are not required in areas protected by automatic sprinklers 3604 71 Design and installation Where smoke and heat vents are required they shall be installed near the roof peak evenly distributed and arranged so that at least one vent is over each covered berth The effective vent area shall be calculated using a ratio of one square foot of vent to every fifteen square feet of covered berth area (1 15) Each vent shall provide a minimum opening size of 4 ft x 4 ft 3604 71 1 Smoke and heat vents Smoke and heat vents shall operate automatically by actuation of a heat - responsive device rated at 100 °F :) above ambient http / /apps leg wa gov /wac /default aspx 51 -54A &full rue #[4/23/2013 4 41 43 PM] 4 Chapter 51 -54A WAC STATE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE - EXCEPTION Gravity- operated drop out vents 3604 71 2 Gravity - operated drop out vents Gravity- operated drop out vents shall fully open within 5 minutes after the vent cavity is exposed tr simulated fire represented by a time- temperature gradient that reaches an air temperature of 500 °F (260 °C) within 5 minutes 3604 8 Draft curtains Draft curtains shall be provided in covered boat moorage areas exceeding 2 500 sq ft (232 m 2 ) in area excluding roof overhangs EXCEPTION Draft curtains are not required in areas protected by automatic sprinklers 3604 81 Draft curtain construction Draft curtains shall be constructed of sheet metal gypsum board or other approved materials that provide equivalent performance to resist the passage of smoke Joints and connections shall be smoke tight 3604 8 2 Draft curtain location and depth The maximum area protected by draft curtains shall not exceed 2 000 sq ft (186 m or two slips or berths, whichever is smaller Draft curtains shall not extend past the piling line Draft curtains shall have a minimum depth of 4 feet and shall not extend closer than 8 feet (2438 mm) to the walking surface of the pier [Statutory Authority RCW 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 04 063 § 51 54A 3604 filed 211/13 effective 7/1/13 ] (Effective July 1, 2013 ) 51 -54A -5306 Medical gas systems 5306 1 General Compressed gases at hospitals and similar facilities intended for inhalation or sedation including but not limited to, analgesia systems for dentistry, podiatry veterinary and similar uses shall comply with Sections 5306 2 through 5306 4 in addition to other requirements of this chapter EXCEPTION All new distribution piping, supply manifolds connections, regulators valves alarms sensors and associated equipment shall be in accordance with the Plumbing Code 5306 4 Medical gas systems The maintenance and testing of medical gas systems including, but not limited to, distribution piping supply manifolds connections, pressure regulators and relief devices and valves shall comply with the maintenance and testing requirements of NFPA 99 and the general provisions of this chapter [Statutory Authority RCW 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 -04 -063, § 51 -54A -5306 filed 2/1/13, effective 7/1/13 ] (Effective July 1, 2013 ) 51 -64A -5601 General http / /apps leg wa gov /wac /default aspx ?cite= 51 -54A &f ill- - true #[4/23/2013 4 4143 PM] Chapter 51 -54A WAC STATE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE 56011 Scope The provisions of this chapter shall govern the possession manufacture storage handling, sale and use of explosives, explosive materials and small arms ammunition The manufacture storage handling, sale and use of fireworks shall be governed by chapter 70 77 RCW, - d by chapter 212 -17 WAC and local ordinances consistent with chapter 212 -17 WAC EXCEPTIONS 1 The Armed Forces of the United States Coast Guard or National Guard 2 Explosives in forms prescribed by the official United States Pharmacopoeia 3 The possession, storage and use of small arms ammunition when packaged in accordance with DOT packaging requirements 4 The possession, storage and use of not more than 1 pound (0 454 kg) of commercially manufactured sporting black powder, 20 pounds (9 kg) of smokeless powder and 10,000 small arms primers for hand loading of small arms ammunition for personal consumption 5 The use of explosive materials by federal, state and local regulatory, law enforcement and fire agencies acting in their official capacities 6 Special industrial explosive devices which in the aggregate contain less than 50 pounds (23 kg) of explosive materials 7 The possession, storage and use of blank Industrial -power load cartridges when packaged in accordance with DOT packaging regulations 8 Transportation in accordance with DOT 49 C F R Parts 100 -178 9 Items preempted by federal regulations 660111 Explosive material standard In addition to the requirements of this chapter, NFPA 495 shall govern the manufacture transportation storage, sale, handling and use of explosive materials See also chapter 70 74 RCW and chapter 296 -52 WAC [Statutory Authority RCW 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 04 063 § 51 54A 5601 filed 211/13 effective 7/1/131 (Effective July 1, 2013 ) 51 -54A -5704 Storage 5704 211 Underground tanks Underground storage of flammable and combustible liquids in tanks shall comply with Section 3404 2 and Sections 3404 2 11 1 through 3404 2 11 5 2 Corrosion protection shall comply with WAC 173 - 360 -305 I I I [Statutory Authority RCW 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 04 063 § 51 54A 5704 filed 2/1/13 effective 7/1/131 1 (Effective July 1, 2013 ) 51-54A -5706 Special operations I 1 1 6 5 4 5 Commercial, industrial, governmental or manufacturing Dispensing of Class II and III motor vehicle fuel from tank vehicles into the anks of motor vehicles located at commercial, industrial, governmental or manufacturing establishments is allowed where permitted provided such dispensing operations are conducted in accordance with the following (Those sections not noted here remain unchanged ) I i http //apps leg wa gov /wac /default aspx 51 -54A &full =true #[4/23/2013 4 4143 PM] s Chapter 51 -54A WAC STATE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE 12 Fuel delivery vehicles shall be equipped with spill clean -up supplies in accordance with the department of ecology's Source Control Best Management Practices Such supplies shall be readily available for deployment by the operator at all times and include nonwater absorbents capable of absorbing 15 gallons (56 76 L) of diesel fuel storm drain plug or cover kit, a nonwater absorbent containment boom of a minimum 10 foot long (3038 mm) length with a 12- gallon (45 41 L) absorbent capacity, a nonmetallic shovel and two 5- gallon (19 L) buckets with lids [Statutory Authority RCW 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 -04 -063, § 51 -54A -5706, filed 2/1/13, effective 7/1/13 ] (Effective July 1, 2013 ) 51 -54A -6108 Fire protection 61081 Scope Storage, handling and transportation of liquefied petroleum gas (LP -gas) and the installation of LP -gas equipment pertinent to systems for such uses shall comply with this chapter and NFPA 58 Properties of LP-gas shall be determined in accordance with Appendix B of NFPA 58 EXCEPTION The use and storage of listed propane fired barbeque grills on R -2 decks and balconies with an approved container not exceeding a water capacity of 20 pounds (9 kg) that maintain a minimum clearance of 18 inches on all sides, unless listed for lesser clearances [Statutory Authority RCW 19 27A 031, 19 27 074 and chapters 19 27 and 34 05 RCW 13 -04 -063, § 51 -54A -6108, filed 2/1/13 effective 7/1/13 ] (Effective July 1, 2013 ) 51-54A -8000 Referenced standards NFPA 96 -07 Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations 6093 I I NFPA 720 -12 Standard for the Installation of Carbon Monoxide (CO) Warning Equipment in Dwelling Units 9087 11039 I I [Statutory Authority RCW 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 -04 -063, § 51 -54A -8000, filed 2/1/13, effective 7/1/13 ] (Effective July 1, 2013 ) 51 -54A -8100 Appendix K — Wildland- Urban- Interface Code K101 5 Additions or alterations Additions or alterations may be made to any building or structure without requiring the existing budding or structure to comply with all of the requirements of this code provided the addition or alteration conforms to that required for a new budding or http / /apps leg wa gov /wac /default aspx 51 -54A &full - tune #[4/23/2013 4 4143 PM] Chapter 51 -54A WAC STATE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE 4 structure ;,EPTION Provisions of this code that specifically apply to existing conditions are retroactive See Sections 402 3, 601 1 and Appendix A Additions or alterations shall not cause the existing budding or structure to become unsafe An unsafe condition shall be deemed to have been created if an addition or alteration will cause the existing budding or structure to become structurally unsafe or overloaded will not provide adequate access in compliance with the provisions of this code or will obstruct existing exits or access will create a fire hazard, will reduce required fire resistance or will otherwise create conditions dangerous to human life K108 3 Site plan In addition to the requirements for plans in the International Budding Code the code official may require site plans which include topography width and percent of grade of access roads, landscape and vegetation details locations of structures or budding envelopes, existing or proposed overhead utilities, occupancy classification of buildings types of ignition resistant construction of buildings, structures and their appendages roof classification of buildings and site water supply systems The code official is authorized to waive or modify the requirement for a site plan K108 4 Vegetation management plans When required by the code official or when utilized by the permit applicant pursuant to Section 502, vegetation management plans shall be prepared and shall be submitted to the code official for review and approval as part of the plans required for a permit See Appendix B K108 7 Vicinity plan When required by the code official, the requirements for site plans shall include details regarding the vicinity within 300 feet (91 440 mm) of property lines including other structures, slope vegetation, fuel breaks water supply systems and access roads K4021 1 Access New subdivisions, as determined by this jurisdiction shall be provided with fire apparatus access roads in accordance with the mational Fire Code K4021 2 Water supply New subdivisions, as determined by this jurisdiction, shall be provided with water supply in accordance with the International Fire Code K402 2 Individual structures Individual structures shall comply with Sections 402 2 1 and 402 2 2 K402 21 Access Individual structures hereafter constructed or relocated into or within wildland -urban interface areas shall be provided with fire apparatus access in accordance with the International Fire Code K402 2 2 Water supply Individual structures hereafter constructed or relocated into or within wildland -urban interface areas shall be provided with a conforming water supply in accordance with the International Fire Code EXCEPTIONS 1 Structures constructed to meet the requirements for the class of ignition - resistant construction specified in Table K503 1 for a nonconforming water supply 2 Buildings containing only private garages, carports, sheds and agricultural buildings with a floor area of not more than 600 square feet (56 m K402 3 Existing conditions Existing address markers roads and fire protection equipment shall be in accordance with the International Fire Code Table K5031 http //apps leg wa gov /wac /default aspx ?cite= 51 -54A &full =true #[4/23/2013 4 4143 PM] J Chapter 51 -54A WAC STATE BUILDING CODE ADOPTION AND AMENDMENT OF THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE y V Ignition - Resistant Construction Fire Hazard Severity Moderate Hazard High Hazard Extreme Hazard Water Supply Water Supply Water Supply Defensible Spacec Conforming Nonconforming Conforming Nonconforming Conforming Nonconforming Nonconforming IR 2 IR 1 IR 1 IR 1 N C IR 1 N C Not Permitted Conforming IR 3 IR 2 IR 2 IR 1 IR 1 IR 1 NC 1 5 x Not IR 3 IR 3 IR 2 IR 2 IR 1 Conforming Required a Access shall be in accordance with Section 402 b Water supply shall be in accordance with Section 402 1 IR 1 = Ignition- resistant construction in accordance with Section 504 IR 2 = Ignition - resistant construction in accordance with Section 505 IR 3 = Ignition - resistant construction in accordance with Section 506 N C = Exterior walls shall have a fire- resistance rating of not less than 1 hour and the exterior surfaces of such walls shall be noncombustible Usage of log wall construction is allowed Conformance based on Section 603 K403 Access This section not adopted K404 Water supply This section not adopted APPENDIX B VEGETATION MANAGEMENT PLAN THIS APPENDIX IS ADOPTED APPENDIX C FIRE DANGER RATING SYSTEM THIS APPENDIX IS ADOPTED [Statutory Authority RCW 19 27A 031 19 27 074 and chapters 19 27 and 34 05 RCW 13 04 063 § 51 54A 8100 filed 2/1/13 effective 7/1/131 http //apps leg wa gov /wac /default aspx ?cite= 51- 54A &full=true #[4/23/2013 4 4143 PM] ______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 Phone (360) 473-5280 APRIL 24, 2013 CITY COUNCIL STUDY SESSION 5:00 PM in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public but there will be no opportunities for input or participation; no action is anticipated during the Study Session; and the content of these items is subject to change. If approved by Council, the items will be placed on the May 1, 2013 Council Meeting Agenda: A. NO PRESENTATION PLANNED - The following items are budgeted items or have been reviewed by the appropriate Council Committee: 1. Appointment of Annamarie Lavieri (Kitsap Historical Society & Museum) to the Lodging Tax Advisory Committee 2. Appointment of Nicole Vorthman (Hampton Inn & Suites) to the Lodging Tax Advisory Committee 3. Appointment of Jose Maldonado (Baymont Inn & Suites) to the Lodging Tax Advisory Committee 4. Amendment to the 2004 Kitsap County HOME Consortium (Project No. KC-360-04) Interlocal Cooperation Agreement 5. 2013 KPS Premium Rates & Underwriting Criteria 6. Renewal of Service Agreement with CenturyLink for Long Distance Services; and to provide Telecommunications Services to the Bremerton Police Department and Gold Mountain Complex B. FULL PRESENTATION ITEMS 7. Update on proposed changes to Chapter 18.02 of the Bremerton Municipal Code (BMC) entitled City Fire Code (Information Only - Action proposed June 19) C. GENERAL COUNCIL BUSINESS 1. Finance & Investment Committee Briefing - Eric Younger, Chair 2. Other General Council Business (As necessary...) D. ADJOURN STUDY SESSION Americans with Disabilities Act 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. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Appointment of Annamarie Lavieri to the Bremerton Lodging Tax Advisory Committee COUNCIL MEETING Date: April 24 & May 1, 2013 Department: Executive Presenter: Mayor Lent Phone: (360) 473-5266 SUMMARY: There is a vacancy on the Lodging Tax Advisory Committee. Revised Code of Washington (RCW) Title 67.28 and Bremerton Municipal Code (BMC) Chapter 2.38.010 (b) both specify that two (2) representatives from businesses that are eligible to receive proceeds from the hotel/motel tax shall serve on the advisory committee. It is recommended that Annamarie Lavieri, Kitsap Historical Society and Museum, be appointed for the remainder of the unexpired term held previously by her predecessor Carolyn Neal ending June 13, 2014. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: ☒ No Presentation Planned ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to confirm the appointment of Annamarie Lavieri to the Lodging Tax Advisory Committee. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 4/5/13 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Appointment of Nicole Vorthman to the Bremerton Lodging Tax Advisory Committee COUNCIL MEETING Date: April 24 & May 1, 2013 Department: Executive Presenter: Mayor Lent Phone: (360) 473-5266 SUMMARY: There is a vacancy on the Lodging Tax Advisory Committee. Revised Code of Washington (RCW) Title 67.28 and Bremerton Municipal Code (BMC) Chapter 2.38.010 (a) both specify that two (2) representatives from businesses that collect the hotel/motel tax shall serve on the advisory committee. It is recommended that Nicole Vorthman, General Manager for the Hampton Inn and Suites, be appointed for the remainder of the unexpired term held previously by her predecessor Matthew Boeckman ending June 13, 2014. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: ☒ No Presentation Planned ☐ Full Presentation STUDY SESSION ACTION: ☒ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to confirm the appointment of Nicole Vorthman to the Lodging Tax Advisory Committee. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 4/5/13 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Amendment to KC-360-04 - Kitsap County HOME Consortium Interlocal Cooperation Agreement Study Session Date: April 24, 2013 COUNCIL MEETING Date: May 1, 2013 Department: DCD – Block Grant Presenter: Marie Vila Phone: 360-473-5375 SUMMARY: In 2004 the City of Bremerton entered into an Interlocal Agreement with Kitsap County for participation in the Kitsap County HOME Consortium. This amendment modifies the Administrative portion of the agreement to cover administrative costs incurred by the County for additional Contract Management of City projects and reflect changes to Program Income. ATTACHMENTS: Amendment 01 to City Interlocal KC-360-04A, Staff Memo FISCAL IMPACTS (Include Budgeted Amount): HOME allows 10% of total award to be used for admin costs (about $22,857). Kitsap previously retained 50% of that allowance (about $11,429) for its role as lead jurisdiction. Under the amendment, Kitsap County will retain 85% of the allowance (about $19,429) and the City of Bremerton will retain 15% (about $3,429) to compensate Kitsap County for taking on grant management duties for City HOME projects. STUDY SESSION AGENDA: ☒ No Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve amendment to 2004 Kitsap County Consortium Interlocal Agreement, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/25/13 1 AMENDMENT KC-360-04 INTERLOCAL AGREEMENT PROJECT NAME: Interlocal Cooperation Agreement Between Kitsap Urban County and the City of Bremerton to Form a HOME Consortium Under the National Affordable Housing Act for Program Years 2005-2007 and as herein renewed PROJECT NUMBER: KC- 360-04 AMENDMENT NUMBER: 01 WHEREAS, Kitsap County, hereinafter referred to as “County”, and the City of Bremerton, hereinafter referred to as “City”, have previously entered into an Interlocal Agreement, KC-360-04, dated August 9, 2004 by which the City agrees to participate in a HOME Consortium to allow Kitsap County to receive HOME Investment Partnership Program funds. WHEREAS, Amendment 01 to KC-360-04 between Kitsap County and the City modifies the Administrative portion of the agreement to cover administrative costs incurred by the County for additional Contract Management of City projects and reflect changes to Program Income. WHEREAS, it is necessary to implement certain required changes to activities described in this Contract; and WHEREAS, the County and City desire to modify such Contract: NOW THEREFORE, Contract Number KC-360-04 is hereby modified as follows: IV. ADMINISTRATION Delete: I. Funds received by the Kitsap County HOME Consortium will be allocated between the COUNTY and the CITY based on a proration of the HOME allocation as established by the Federal allocation formula for the year or the most recent formula if a current year formula has not been established. The percentage of distribution between the COUNTY and the CITY shall be as determined in HUD’s HOME Consortia Participating Members Percentage Report for each federal fiscal year. Provided, however, that if the federal allocation is reduced due solely to one Party’s program activities, the Party that caused the reduction in funds shall have its allocation reduced accordingly. 1. CITY agrees to set aside up to 5% of CITY's allocation for reimbursement to COUNTY of COUNTY’s actual costs for administration of the CITY’s portion of the HOME Pro gram. 2. CITY will retain and control program income generated from its HOME proration to utilize for HOME projects in accordance with applicable federal regulations. 2 Change To: I. Funds received by the Kitsap County HOME Consortium will be allocated between the COUNTY and the CITY based on a proration of the HOME allocation as established by the Federal allocation formula for the year or the most recent formula if a current year formula has not been established. The percentage of distribution between the COUNTY and the CITY shall be as determined in HUD’s HOME Consortia Participating Members Percentage Report for each federal fiscal year. Provided, however, that if the federal allocation is reduced due solely to one Party’s program activities, the Party that caused the reduction in funds shall have its allocation reduced accordingly. 1. CITY agrees to set aside 85% of CITY's administrative allocation for reimbursement to COUNTY of COUNTY’s actual costs for administration of the CITY’s portion of the HOME Program. 2. CITY will remit Program Income to the COUNTY for reporting to HUD but will retain control of program income generated from its HOME proration to utilize for HOME projects in accordance with applicable federal regulations. 3 THIS AMENDMENT constitutes the entire amendment to the Contract between the County and the City. All other terms and conditions of this Contract remain in effect. THIS AMENDMENT is effective when signed by all parties. CITY OF BREMERTON By: Patty Lent, Mayor Date: Approves As to Form: City Attorney ATTEST: Shannon Corin, City Clerk BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON Josh Brown, Chair Charlotte Garrido, Commissioner Robert Gelder, Commissioner Date: ATTEST: Dana Daniels, Clerk of the Board G:\DAS\DATA\CDBG\CONTRACT\CONTRACT FORMS\INTERLOCAL AND PERSONNEL CONTRACTS INTERLOCAL HOME \ CONSORTIUM PROCESS\2014-2016\\AMENDMENT TO CITY INTERLOCAL\Amendment 01 to City Interlocal KC-360-04.doc To: Bremerton City Council From: Marie Vila, CDBG/HOME Administrator Date: April 24, 2013 Re: Amendment to 2004 Kitsap HOME Consortium Interlocal Agreement with City of Bremerton In 2004 the City of Bremerton entered into an Interlocal Agreement with Kitsap County for participation in the Kitsap County HOME Consortium. This interlocal agreement is required by HUD for the City’s membership in the HOME Consortium, and allows the City to receive HOME funds. This amendment makes two changes: 1. Assigns a greater portion of the HOME Administrative allocation to Kitsap County to cover administrative costs incurred by the County for additional Contract Management of City projects; and 2. Changes administration of HOME program income to streamline duties under Kitsap County. Previously, the City had retained and performed all accounting for program income generated from our grant. Under the amended procedure, the City collects program income and remits it to K itsap County, who handles all accounting, HUD reporting and expenditures. The City still retains credit for the funds, which are used for City projects only. BACKGROUND: HUD passed the Cranston-Gonzalez National Affordable Housing Act in 1990, thereby launching the HOME housing block grant. The City of Bremerton, already a CDBG Block Grant entitlement grant recipient, worked together with Kitsap County to achieve county-wide entitlement eligibility for the CDBG and HOME programs. In 1997, the City of Bremerton and Kitsap County entered into their first Interlocal Agreement outlining joint participation in the HOME program as the “Kitsap County HOME Consortium”. The interlocal agreement outlines several basic items: 1. Kitsap County is the lead jurisdiction in the Consortium, and as such is the direct HUD grantee for HOME funds. 2. Kitsap County enters into a separate agreement with Bainbridge Island, Poulsbo and Port Orchard to form the Kitsap “Urban County”, which shares in Kitsap County’s CDBG and HOME allocation. 3. City of Bremerton is a HUD designated “Metropolitan City” and receives its own CDBG and HOME allocation; its CDBG allocation comes directly from HUD, and its HOME allocation comes through the Kitsap County HOME Consortium, the amount of which is determined annually by HUD as a percent of the total Kitsap County Consortium HOME allocation. 4. The City of Bremerton has full decision-making discretion over its portion of the HOME allocation. Bremerton City Council is the governing body for use of all HUD block grant funds awarded to the City. Should you have any questions or concerns regarding any of these items please do not hesitate to contact Marie Vilá at (360) 473-5375. DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: 2013 KPS Rates & Underwriting Criteria Study Session Date: April 24, 2013 COUNCIL MEETING Date: May 1, 2013 Department: Human Resources Presenter: Charlotte Belmore Phone: 360-473-5926 SUMMARY: Approval of the KPS 2013 Rates and Underwriting Criteria and authorization of formal execution of the 2013 contracts between the City and KPS Health Plans for employee group health insurance coverage by the Mayor. The new rates, which were negotiated on our behalf by our benefits consultants, Willis of Seattle, reflect a 10.97% rate increase above the 2012 levels. ATTACHMENTS: KPS 2013 Premium Rates & Underwriting Criteria. FISCAL IMPACTS (Include Budgeted Amount): This increase was accounted for in the 2013 adopted budget; therefore, no amendment is needed. STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the 2013 KPS Premium Rates and Underwriting Criteria between the City and KPS, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Service Agreement with CenturyLink to provide Telecommunications services to listed City facilities and to provide Long Distance services. Study Session Date: April 24, 2013 COUNCIL MEETING Date: May 1, 2013 Department: Finance Presenter: Kevin Matthew Phone: 473-5473 SUMMARY: Staff recommends renewal of the existing service agreements with CenturyLink for Long Distance services and for T1 PRI circuits located at 1025 Burwell (BPD) and to 7268 W. Belfair Valley Rd (Golf Course). The current 5 year agreements have expired and are being replaced with more competitively priced agreements. The value of this 2 year agreement, excluding Long Distance Services, is $25,200.00 over 2 years. Recently expired contracts were at higher rates than is currently being offered reducing the recurring telecommunications costs by $330.00 per month for a total savings of $7,920.00 over the life of this agreement. The renegotiated long distance rates are expected to save the City about $100.00 per month for a 2 year savings of $2,400.00. ATTACHMENTS: Service Agreement. FISCAL IMPACTS (Include Budgeted Amount): None. This expenditure is a monthly O&M cost and is included in the yearly departments operating budget. STUDY SESSION AGENDA: ☒ No Discussion ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve service agreements with CenturyLink and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 11/02/12 CENTURYLINK LOYAL ADVANTAGE™ AGREEMENT OMR #N55756 (QLAGESZ) Page 1 of 31 © CenturyLink, Inc. All Rights Reserved. CONFIDENTIAL v1.081511 This CenturyLink Loyal Advantage Agreement (“Agreement”) is between Qwest Communications Company, LLC d/b/a CenturyLink QCC, its Affiliates including, Qwest Corporation d/b/a CenturyLink QC (“CenturyLink”) and City of Bremerton (“Customer”) and is effective on the date the last party signs it (“Effective Date”). CenturyLink QCC is signing on behalf of its Affiliate for the Affiliate Services identified in this Agreement. CenturyLink reserves the right to withdraw this offer if Customer does not execute and deliver the Agreement to CenturyLink before May 31, 2013 Using CenturyLink’s electronic signature process for the Agreement is acceptable. CITY OF BREMERTON QWEST COMMUNICATIONS COMPANY, LLC D/B/A CENTURYLINK QCC \s1\ |1s| \s2\ Authorized Signature Authorized Signature \n1\ |1n| \n2\ Name Typed or Printed Name Typed or Printed \t1\ |1t| \t2\ Title Title \d1\ |1d| \d2\ Date Date Customer’s address for notices: Customer’s facsimile number: Person designated for notices: 1. Services. Customer may purchase the products and services (“Services”) in the service exhibits (“Service Exhibits”) attached to the Agreement. Centurylink QC may be required to submit this Agreement, Service Exhibits, Pricing Attachments, and any subsequent addenda for Service to certain regulatory agencies for approval because the Rates or certain other terms are being offered on an individual case basis (“ICB”). Although the general terms and conditions of this Agreement are effective on the Agreement Ef fective Date, those service-specific Rates and/or terms, and conditions that require filing with or approval by regulatory ag encies (“ICB Terms”) will not become effective for a given jurisdiction until the filing and approval requirements for that jurisdiction are fulfi lled. Service will be offered in accordance with the applicable Tariff until the ICB terms become effective. If Customer receives reduced pricing under a Pricing Attachment and a regulatory agency later invalidates the ICB Terms after they became effective, Customer will pay Cen turylink QC any difference in the amounts listed in the applicable Tariff for the Ser vice and the amounts Customer was charged for the Service. When approved by the regulatory agencies, Customer may add additional quantities of Services under the same terms and conditi ons with no further filing required. In the event a regulatory agency does not approve the ICB Terms, the parties will enter into good faith negotiations to mutually resolve the failure to receive the necessary approval. The subject Service Exhibit, Pricing Attachm ent, and subsequent addenda containing the ICB Terms will re main in effect in all other jurisdictions. Each Service Exhibit or subsequent addenda will explain which Rates or terms are ICB. The parties agree that any notation to the “CenturyLink Total Advantage™ Agreement” on the Service Exhibits will be disregarde d and such exhibits will be governed by the Agreement. The Service Exhibits attached to the Agreement as of the Effective Date and incorporated by this reference are shown below. CenturyLink QCC Services: Domestic Voice Service Exhibit International Voice Service Exhibit CenturyLink QC Services (Centurylink QC Services are available only in CenturyLink’s local service areas in the following states: Arizona, Colorado, Idaho, Iowa, Minnesota, Montana, Nebraska, New Mexico, North Dakota, Oregon, South Dakota , Utah, Washington, and Wyoming. ) ISDN PRS/DSS/UAS 2. Term. Customer selects the following “Initial Term” of the Agreement: two years (“Initial Term”), 600052 code (QLAGESZ). The Initial Term begins on the Effective Date. At the end of the Initial Term, the Agreement will automatically renew for consecutive renewal periods equal to the Initial Term (a “Renewal Term”) if not terminated earlier in accordance with the Agreement. The Initial Term and each Renewal Term are referred to as the “Term.” 3. Rates. Unless specified otherwise in a Service Exhibit, CenturyLink QCC Services will receive the applicable rates specified in a Service Exhibit, valid Order Form, or CenturyLink-approved quote form, for the duration of the Term. Notwithstanding the preceding sentence, CenturyLink reserves the right to modify rates and charges due to Regulatory Activity and will provide as much prior written notice as practicable but not less than 14 calendar days’ notice If Regulatory Activity causes an increase in the rates for Customer's ordered CenturyLink QCC Services that materially and adversely affects Customer, then Customer may terminate the affected CenturyLink QCC Service upon 30 days’ prior written notice to CenturyLink QCC without liability for Cancellation Charges for the affected Service, provided, however that Customer: (e) provides such notice within 30 days after the increase occurs; and (f) provides CenturyLink QCC 30 days to cure such increase. If Customer does not provide CenturyLink QCC such notice during the time permitted in this Section, Customer will have waived its right to terminate the affected Service under this Section. The parties agree that the rates set forth in the Service Exhibit are in lieu of all other rates, discounts, or promotions. The rates for any CenturyLink QC Service provided will be those in effect at the time the Service is installed and CenturyLink QC Services will renew at the rate and for the term specified in the applicable Tariff, RSS, or Service Exhibit. 4. Payment. CenturyLink may begin invoicing for specific Services as specified in the applicable Service Exhibit. Customer must pay CenturyLink all charges within 30 days after the invoice date or by the due date on the invoice if specified. Any amount not paid when CENTURYLINK LOYAL ADVANTAGE™ AGREEMENT OMR #N55756 (QLAGESZ) Page 2 of 31 © CenturyLink, Inc. All Rights Reserved. CONFIDENTIAL v1.081511 due is subject to late interest at the lesser of 1.5% per month or the maximum rate allowed by law. In addition to payment of charges for Services, Customer must also pay CenturyLink any applicable Taxes assessed in connection with Services. Taxes may vary and are subject to change. CenturyLink reserves the right to charge administrative fees if Customer selects paper delivery of an invoice or when Customer’s payment preferences deviate from CenturyLink’s standard practices. 5. Confidentiality. Except to the extent required by an open records act or similar law, n either CenturyLink nor Customer will, without the prior written consent of the other party: (a) disclose any of the terms of the Agreement; or (b) disclose or use (except as expressly permitted by, or required to achieve the purposes of, the Agreement) the Confidential Information of the other party. Each party will use reasonable efforts to protect the other’s Confidential Information, and will use at least the same efforts to protect such Confidential Information as the party would use to protect its own. CenturyLink’s consent may only be given by its Legal Department. A party may disclose Confidential Information if required to do so by a governmental agency, by operation of law, or if necessa ry in any proceeding to establish rights or obligations under the Agreement. 6. CPNI. CenturyLink is required by law to treat CPNI confidentially. Customer agrees that CenturyLink may share CPNI within its business operations (e.g., wireless, local, long d istance, and broadband services divisions), and with businesses acting on CenturyLink’s behalf, to determine if Customer could benefit from the wide variety of CenturyLink products and services, and in its marketing and sales activities. Customer may with draw its authorization at any time by informing CenturyLink in writing. Customer's decision regarding CenturyLink's use of CPNI will not affect the quality of service CenturyLink provides Customer. 7. Use of Name and Marks. Neither party will use the name or marks of the other party or any of its Affiliates for any purpose without the other party’s prior written consent. CenturyLink’s consent may only be given by its Legal Department. 8. Disclaimer of Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THE AGREEMENT, ALL SERVICES AND PRODUCTS ARE PROVIDED “AS IS.” CENTURYLINK DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 9. Limitations of Liability. The remedies and limitations of liability for any claims arising between the parties are set forth below. 9.1 Consequential Damages. NO PARTY OR THEIR AFFILIATES, AGENTS, OR CONTRACTORS IS LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR FOR ANY LOST PROFITS, LOST REVENUES, LOST DATA, LOST BUSINESS OPPORTUNITY, OR COSTS OF COVER. THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED AND REGARDLESS OF FORESEEABILITY. 9.2 Claims Related to Services. For Customer’s claims related to Service deficiencies or interruptions, Customer’s exclusive remedies are: (a) those remedies set forth in the SLA or applicable Tariff for that Service or (b) the total MRCs or usage charges paid by Customer for any affected Service in the one month immediately preceding the event giving rise to the claim if an SLA or applicable Tariff does not exist for the affected Service. 9.3 Personal Injury; Death; Property Damages. For claims arising out of personal injury or death to a party’s employee, or damage to a party’s real or personal property, that are caused by the other party’s negligence or willful misconduct in the performance of the Agreement, each party’s liability, to the extent permitted by law, is limited to proven direct actual, physical damages. 9.4 Other Direct Damages. For all other claims arising out of the Agreement , the maximum liability for Customer and CenturyLink will not exceed in the aggregate the total MRCs and usage charg es paid by Customer to CenturyLink under the Agreement in the three months immediately preceding the event giving rise to the claim (“Damage Cap”). The Damage Cap will not apply to a party’s obligations under the Responsibilities Section below or Customer’s payment obligations under the Agreement. 10. Responsibilities. To the extent permitted under law, each party agrees to be responsible to the other, their Affiliates, agents, and contractors against all third party claims for damages, liabilities, or expenses, including reasonable attorneys’ fees, arising directly from performance of the Agreement and related to personal injury or death, or damage to personal tangible property that is alleged to have been caused by the negligence or willful misconduct of the responsible party unless otherwise stated in a CenturyLink QC Service Exhibit or Tariff. To the extent permitted under law, Customer also agrees to be responsible for all third party claims for damages, liabilities, or expenses, including reasonable attorneys' fees against CenturyLink, its Affiliates, and contractors, related to the modification or resale of the Services by Customer or End Users, or any AUP violation. 11. Termination. 11.1 Service. Either party may terminate an individual Service or a Service Exhibit: (a) in accordance with the individual Service Exhibit’s term requirements with 60 days’ prior written notice to the other party , or (b) for Cause. If Service or a Service Exhibit is terminated by Customer for Convenience or by CenturyLink for Cause, then Customer will pay Cancellation Charges. 11.2 Agreement. Either party may terminate the Agreement and all Services by: (a) providing written notice to the other party of its intention not to renew the Agreement at least 60 days prior to the expiration of the then current Term or (b) for Cause. Cause to terminate an individual Service Exhibit will not constitute Cause to terminate the Agreement; rather, Cause to terminate the entire Agreement for Service-related claims will exist only if Customer has Cause to terminate all or substantially all of the Services under the applicable SLA, Service Exhibit, RSS or Tariff. If the Agreement is terminated by Customer for Convenience or by CenturyLink for Cause prior to the conclusion of the Term, then Customer will pay: (c) for CenturyLink QCC Services the higher of the Early Termination Charge or the sum of all CenturyLink QCC Cancellation Charges that apply for terminating all CenturyLink QCC Services at the time the Agreement is terminated; and (d) for CenturyLink QC Services, the CenturyLink QC termination charges as set forth in the Tariff or the applicable Service Exhibit(s). 11.3 Unpaid Charges. Customer will remain liable for charges accrued but unpaid as of the termination date. 12. Non-Appropriations. Customer intends to continue this Agreement for its entire Term and to satisfy its obligations hereunder. CENTURYLINK LOYAL ADVANTAGE™ AGREEMENT OMR #N55756 (QLAGESZ) Page 3 of 31 © CenturyLink, Inc. All Rights Reserved. CONFIDENTIAL v1.081511 For each fiscal period for Customer: (a) Customer agrees to include in its budget request appropriations sufficient to cover Customer's obligations under this Agreement; (b) Customer agrees to use all reasonable and lawful means to secure these appropriations , including but not limited to applying for Universal Service Fund Discounts as described in the Federal Communications Commi ssion Docket No. 96-45; (c) Customer agrees it will not use non-appropriations as a means of terminating this Agreement in order to acquire functionally equivalent products or services from a third party. Customer reasonably believes that sufficient funds to discharge its obligations can and will lawfully be appropriated and made available for this purpose. In the event that Customer is appropr iated insufficient funds, by appropriation, appropriation limitation or grant, to continue payments under this Ag reement and has no other funding source lawfully available to it for such purpose (as evidenced by notarized documents provided by Customer and agreed to by CenturyLink), Customer may terminate this Agreement without incurring an Early Termination Charge o r CenturyLink QCC Cancellation Charges by giving CenturyLink not less than 30 days’ prior written notice. Upon termination and to the extent of lawfully av ailable funds, Customer will remit all amounts due and all costs reasonably incurred by CenturyLink through the date of termination. 13. Miscellaneous. 13.1 General. The Agreement’s benefits do not extend to any third party (e.g., an End User). If any term of the Agreement is held unenforceable, the remaining terms will remain in effect. Except for time requirements as specifically stated in a Service Exhibit or SLA, neither party’s failure to exercise any right or to insist upon strict performance of any provision of the Agreement is a waiver of any right under the Agreement. The terms and conditions of the Agreement regarding confidentiality, indemnification, limitation of liability, warranties, payment, dispute resolution, and all other terms of the Agreement that should by their nature survive the termination of the Agreement will survive. Each party is not responsible for any delay or other failure to perform due to a Force Majeure Event. 13.2 Conflicts Provision. If a conflict exists among provisions within the Agreement, the following order of precedence will apply in descending order of control: Service Exhibit, the Agreement, Order Form, Centurylink QC records, and if applicable, CenturyLink QC Tech Pubs. If Services are provided pursuant to a Tariff, RSS, or ISS as described in the applicable Service Exhibits, the order of precedence will apply in the following descending order of control: Tariff, Service Exhibit, the Agreement, RSS, ISS, Order Form Centurylink QC records, and if applicable, CenturyLink QC Tech Pubs . 13.3 Independent Contractor. CenturyLink provides the Services as an independent contractor. The Agreement will not create an employer-employee relationship, association, joint venture, partnership, or other form of legal entity or business enterprise between the parties, their agents, employees or affiliates. 13.4 ARRA. Customer will not pay for the Services with funds obtained through the American Recovery and Reinvestment Act or other similar stimulus grants or loans that would obligate CenturyLink to provide certain information or perform certain func tions unless each of those obligations are explicitly identified and agreed to by the parties in the Agreement or in an amendment to the Agreement. 13.5 HIPAA. CenturyLink does not require or intend to access Customer data in its performance hereunder, including but not li mited to any confidential health related information of Customer’s clients, which may include group health plans, that constitutes Protected Health Information (“PHI”), as defined in 45 C.F. R. §164.501 under the Health Insurance Portability and Accountabi lity Act of 1996 (“HIPAA Rules”). Any exposure to PHI will be random, infrequent and incidental to CenturyLink’s provision of Service and is not meant for the purpose of accessing, managing the PHI or creating or manipulating the PHI. Such exposure is al lowable under 45 CFR 164.502(a)(1)(iii). As such, if Customer is a Covered Entity or Health Care Provider under the HIPAA Rules or supports the health care industry, CenturyLink and Customer agree that CenturyLink is not a “Business Associate” or “Covered Entity” under the HIPAA Rules for the purposes of the Agreement. 13.6 Credit Approval. Provision of Services is subject to CenturyLink’s credit approval of Customer. As part of the credit approval process, CenturyLink may require Customer to provide a deposit or other security. Additionally during the Term, if Customer’s financial circumstance or payment history becomes reasonably unacceptable to CenturyLink, CenturyLink may require adequate assurance of future payment as a condition of continuing Centur yLink’s provision of Services. Customer’s failure to provide adequate assurances required by CenturyLink is a material breach of the Agreement. CenturyLink may provide Customer’s payment history or other billing/charge information to credit reporting agencies or industry clearinghouses. 13.7 Installation, Maintenance and Repair (a) Provision of Services is subject to availability of adequate capacity and CenturyLink’s acceptance of a complete Order Form. (b) Customer will reasonably cooperate with CenturyLink or its agents to install, maintain, and repair Services. Customer will provide or secure at Customer's expense appropriate space and power; and rights or licenses if CenturyLink must access the bu ilding of Customer’s premises to install, operate, or maintain Service or associated CenturyLink equipment. CenturyLink may refuse to install, maintain, or repair Services if any condition on Customer’s premises is unsafe or likely to cause injury. (c) Customer is responsible for any facility or equip ment repairs on Customer’s side of the demarcation point. Customer may request a technician dispatch for Service problems. Before dispatching a technician, CenturyLink will notify Customer of the dispatch fee. CenturyLink will assess a dispatch fee if it determines the problem is on Customer's side of the demarcation point or was not caused by CenturyLink’s facilities or equipment on CenturyLink’s side of the demarcation point. 13.8 Governing Law; Dispute Resolution. (a) Billing Disputes. If Customer disputes a charge in good faith, Customer may withhold payment of that charge if Customer makes timely payment of all undisputed charges when due and provides CenturyLink with a written explanation of the reasons for Customer’s dispute of the charge within 90 days after the invoice date of such amount. If CenturyLink determines , in its good faith, that the disputed charge is valid, CenturyLink will notify Customer and within five business days after CenturyLink’s notification, Customer must pay the charge and accrued interest. (b) Governing Law; Forum. The Agreement will be governed by the laws of the State in which the Customer’s principal office is CENTURYLINK LOYAL ADVANTAGE™ AGREEMENT OMR #N55756 (QLAGESZ) Page 4 of 31 © CenturyLink, Inc. All Rights Reserved. CONFIDENTIAL v1.081511 located without regard to its choice of law principles. Any legal proceeding relating to the Agreement will be brought in a U.S. District Court, or absent federal jurisdiction, in a state court of competent jurisdiction, in Thurston County, Washington. This provision is not intended to deprive a small claims court or state agency of lawful jurisdiction t hat would otherwise exist over a claim or controversy between the parties. (c) Waiver of Jury Trial and Class Action. Each party, to the extent permitted by law, knowingly, voluntarily, and intentionally waives its right to a jury trial and any right to pursue any claim or action relating to the Agreement on a class or consolidated basis or in a representative capacity. If for any reason the jury trial waiver is held to be unenforceable, the parties agree to binding arbitration for any dispute relating to the Agreement under the Federal Arbitration Act, 9 U.S.C. § 1, et. seq. The arbitration will be conducted in accordance with the JAMS Comprehensive Arbitration Rules. Judgment upon the arbitration award may be entered in any court having jurisdiction. (d) Limitations Period. Any claim relating to the Agreement must be brought within two years after the claim arises other than Customer disputing an amount in an invoice, which must be done by Customer within 90 days after the invoice date of the disputed amount. 13.9 No Resale; Compliance. Customer must not resell the Services and its use of Services must comply with all applicable laws. 13.10 Assignment. Either party may assign the Agreement without the other party’s prior written consent: (a) in connection with the sale of all or substantially all of its assets; (b) to the surviving entity in any merger or consolidation; or (c) to an Affi liate provided such party gives the other party 30 days’ prior written notice . Any assignee of the Customer must have a financial standing and creditworthiness equal to or better than Customer's, as reasonably determined by CenturyLink, through a generally accepted, t hird party credit rating index (i.e. D&B, S&P, etc.). Any other assignment will require the prior w ritten consent of the other party. But Customer may not assign this Agreement or any Service to a reseller or a telecommunications carrier under any circumstances. 13.11 Amendments; Changes. The Agreement may be amended only in a writing signed by both parties’ authorized representatives. However, any change in rates, charges, or regulations mandated by the legally constituted authorities will act as a modificat ion of any contract to that extent without further notice. Each party may, at any time, reject any handwritten change or other alteration to the Agreement. CenturyLink may change features or functions of its Services; for material changes that are adverse to Customer, CenturyLink will provide 30 days’ prior written notice, but may provide a shorter notice period if the change is based on Regulatory Activity or Tariff provisions. CenturyLink may amend, change, or withdraw the Tariffs, RSS, ISS or AUP, with such updated Tariffs, RSS, ISS or AUP effective upon posting or upon fulfillment of any necessary regulatory requirements. 13.12 Websites. References to websites in the Agreement include any successor websites designated by CenturyLink. 13.13 Required Notices. Unless provided otherwise in the Agreement, all required notices to CenturyLink must be in writing, sent to 1801 California St., #900, Denver, CO 80202; Fax: 888-778-0054; Attn.: Legal Dept., and to Customer as provided above. All notices are effective: (a) when delivered via overnight courier mail or in person to the recipient named above; (b) three business days after mailed via regular U.S. Mail; or (c) when delivered by fax if duplicate notice is also sent by regular U.S. Mail. 13.14 Service Termination Notices. Customer’s notice of termination for CenturyLink QCC Services must be sent via mail, facsimile or e-mail to: CenturyLink, Attn.: Dublin Service Center, GBM Disconnects, 4650 Lakehurst, 2nd Floor Disconnect Center, Dublin, OH 43017, Fax: 866.887.6633, e-mail: GBMdisconnects@qwest.com. Such termination is effective 30 days after CenturyLink’s receipt of the notice, unless a longer period is otherwise required. For Services under the Select Advantage Service Exhibit or for CenturyLink QC Services, Customer must call the customer care number specified on Customer’s invoice to provide notice of termination. 13.15 Entire Agreement. The Agreement (including any applicable Service Exhibit , CenturyLink accepted Order Forms, and all referenced documents) constitutes the entire agreement between the parties and supersedes all prior oral or written agreements or understandings relating to the same service, ports, or circuits at the same locations as covered under the Agreement. 14. Clauses for CenturyLink QC RSS No. 1 Services. The clauses in this section apply only to the CenturyLink QC Service Exhibits stating that service is offered out of CenturyLink QC RSS No. 1. 14.1 Jurisdiction. Customer understands that Service is an interstate telecommunications service, as defined by Federal Communications Commission regulations and represents that during the Term, more than 10% of its usage will be interstate usage . 14.2 Construction and Funding Approval. CenturyLink QC may assess separate Construction charges if facilities are not available to meet an order for Service and CenturyLink QC constructs facilities under one or more of the following circumstances: (a) if the amount of Customer's expected payments over the term of the Agreement does not exceed CenturyLink QC’s calculated cost of providing the Service plus its expected rate of return; (b) Customer requests that Service be furnished using a type of facilit y, or via a route that CenturyLink QC would not normally utilize in providing the requested Service; (c) more facilities are reques ted than would normally be required to satisfy an order; and (d) Customer requests that Construction be expedited, resulting in added cost to CenturyLink QC. Service provided under this Agreement is subject to Funding approval and that approval will be ev idenced in the Funding Concurrence block on the Pricing Attachment. That approval will be granted at the sole discretion of CenturyLink QC. In the event contract documents are signed, under which Customer is ordering Service for which Funding is not appr oved, CenturyLink QC will cooperate with Customer in good faith to develop an alternative service solution if Funding cannot be achieved on the co ntracted solution and CenturyLink QC may immediately terminate, without penalty, the Pricing Attachment under which Customer ordered the Service, when Funding of the contracted and alternate Service solutions is determined to not be possible. 14.3 Expedite. Any Customer requests for CenturyLink QC to Expedite the delivery of Service before the standard or negoti ated Service Due Date will be deemed an expedited order and Expedite charges will apply. Upon CenturyLink QC’s receipt of an Expe dite request from Customer, Customer and CenturyLink QC will mutually agree to a new Service Due Date. CENTURYLINK LOYAL ADVANTAGE™ AGREEMENT OMR #N55756 (QLAGESZ) Page 5 of 31 © CenturyLink, Inc. All Rights Reserved. CONFIDENTIAL v1.081511 14.4 Service Changes. Customer may add, move, or upgrade each Service in a Pricing Attachment via an Amendment to this Agreement. New Service and any addition, move, or upgrade to existing Service is subject to the terms of the RSS in effect w hen the Amendment to add, move, or upgrade existing Service is executed or for new Service when the new Service is installed. Existing terms and conditions will continue to apply to existing Service. But if an RSS change results in a conflict with the terms and con ditions applicable to the Service, then Customer must agree to an amendment modifying the terms and conditions before CenturyLink QC will provision the new Service or the additions, moves, or upgrades to existing Service. 14.5 Service Interruptions. Service interruption means a total disruption of the Service subject to restrictions and exclusions outlined in an SLA or in the RSS. Services with a Service-specific SLA are subject to the credit for service interruptions contained in the applicable SLA and described in the RSS posted at qwest.centurylink.com/legal. Services without a Service -specific SLA are subject to the credit for service interruptions contained in the RSS. The credits outlined in the SLAs or RSS are Customer’s sole and exclusive remedy for interruptions o f any kind to the Service. CenturyLink QC may, from time to time, suspend Service for routine maintenance or rearrangement of facilities or equipment. CenturyLink QC will give advance notification of any such suspensio n of Service. Such suspension of Service is not considered an out-of-service condition unless Service is not restored by the end of the period specified in the notification. 14.6 Additional Payment Language. (a) Rates, including Rates for optional features or functions, are set forth in each Pricing Attachment applicable to the Service. The Rates shown on each Pricing Attachment are for informational purposes. Customer will receive the Rates in effect in the RSS on the Service Acceptance Date. CenturyLink QC will keep an archive of the RSS Web pages listing Rates, including dates of Rate changes. Customer agrees that CenturyLink QC’s archive is conclusive evidence in the event of a dispute. (b) If Customer requests items from the RSS for which charges do not appear in a Pricing Atta chment, CenturyLink QC will inform Customer of the charges at the time of the request, giving Customer the opportunity to cancel the request, rather than incurr ing the charges. Those items may include, but are not limited to: (a) Expedites, including third-party charges incurred by CenturyLink QC in connection with the Expedite; (b) CPE; (c) Construction; (d) Termination Charges; (e) charges for labor, testing, or design changes: (f) inside wiring; and (g) additional administrative charges that may be applied for services not described on Pricing Attachments or for requests to provision Services in a manner inconsistent with CenturyLink QC’s then -current practices. Customer will pay such charges regardless of whether Customer cancels Service or CenturyLink QC fails to deliver on the requested Expedite date, unless such failure was caused by CenturyLink QC. (c) CenturyLink QC will require Customer to accept Service by the end of the Grace Period, in which case CenturyLink QC will commence with regular monthly billing for the Service and Customer agrees to pay for the billed Service. If Customer has not accepted the Service by the end of the Grace Period, then CenturyLink QC may terminate the Service subject to the Termination section of this Agreement. 14.7 Customer Responsibilities. Customer is responsible for the following: (a) Access. Customer will provide prompt access to its premises to CenturyLink QC authorized personnel and other authorized parties, responding to Service restoration, equipment failure, maintenance, or other relevant situations. (b) On-Site Operations. All Customer operations concerning Service at Customer’s premises will be performed at Customer’s expense, and Customer will be required to conform to all applicable specificat ions that CenturyLink QC may adopt as necessary to maintain Service. Any special structural work required for supporting telecommunications facilities needed to provide Servic e on Customer’s premises will be provided only at Customer’s expense. (c) Customer will properly use the Service. Customer will not itself or permit others to use the Service in ways it is not intended or alter, tamper with, adjust, or repair the Service. 14.8 QC RSS No. 1 Service Termination. (a) Service; Service Exhibit Before Service Due Date. If Customer cancels an order for Service before the Service Due Date or does not accept the Service by the conclusion of the Grace Period, and CenturyLink QC terminates the Service at the end of the Grace Period, Termination Charges will apply, including the full NRCs that would have otherwise applied and any non -reusable and non-recoverable portions of expenditures or liabilities, such as Construction charges incurred exclusively on behalf of the Custo mer by CenturyLink QC and not fully reimbursed by NRCs. (b) Service; Service Exhibit After Service Acceptance Date. Either party may terminate an individual Service ordered under a Service Exhibit after the Service Acceptance Date under the terms of the applicable Service Exhibit. CenturyL ink QC will waive the Termination Charge in excess of the Minimum Service Period if Customer terminates due to a move or upgrade of all or a portio n of Service and all of the following conditions are met (“Waiver Policy”): (i) Customer must have satisfied the Minimum Service Period for the existing Service or be subject to the Termination Charge applicable to the unexpired portion of the Minimum Service Period; CENTURYLINK LOYAL ADVANTAGE™ AGREEMENT OMR #N55756 (QLAGESZ) Page 6 of 31 © CenturyLink, Inc. All Rights Reserved. CONFIDENTIAL v1.081511 (ii) Customer must agree to a new service term and Minimum Service Period for the new service ; (iii) The total value of the new Service must be equal to or greater than 115% of the remaining value of the Service being terminat ed. NRCs and Construction charges will not contribute toward the 115% calculation; (iv) The request to disconnect the existing Service and the request for the new service are received by CenturyLink QC at the same time and both requests must reference this Waiver Policy; (v) For ATM, FR, and Metro Ethernet, the new Service installation due date must be within 30 days of the due date of the disconnection of the existing Service, unless the installation is delayed by CenturyLink QC; for SHNS, SST, GeoMax, and HDTV-NET the new Service installation due date must be on or before the due date of the disconnection of the existin g Service, unless the installation is delayed by CenturyLink QC; (vi) Customer agrees to pay all outstanding MRCs and NRCs for existing Service; (vii) The NRCs in effect at the time the Service is moved or upgraded will apply to the move or upgrade; and (viii) This Waiver Policy only applies to moves or upgrades to other CenturyLink QC services that are subject to a CenturyLink QC Tariff or the QC RSS. 14.9 CenturyLink QC RSS No. 1 Service Definitions. “Construction” means when Service may not be available due to facilities limitations and it is necessary for CenturyLink QC to construct facilities. “Demarcation Point” means the CenturyLink QC designated: (a) physical interface between the CenturyLink QC Domestic Network and Customer’s telecommunications equipment; or (b) physical interface between a third -party carrier connecting the CenturyLink QC Domestic Network to Customer’s telecommunications equipment. “CenturyLink QC Domestic Network” means the CenturyLink QC operated facilities located within CenturyLink QC’s 14-state local service area (those states are listed in the opening paragraph of this Agreement) and which consists of transport POPs, physical media, switches, circuits and/or ports that are operated solely by CenturyLink QC. “Expedite” means Customer’s request to CenturyLink QC to provision a Service more quickly than the CenturyLink QC standard or negotiated interval for which an additional Expedite charge will apply. “Funding” means Customer charges over the term of a Service cont ract that covers CenturyLink QC’s calculated costs for providing Service and it’s expected rate of return when network infrastructure is not available to provide Service to Customer. “Grace Period” means a period of 30 business days from the later of the Service Due Date or the date when Service is made available to the Customer, and during which the applicable Service will be held available for Customer upon Customer’s request. “Minimum Service Period” means 12 months following the Service Acceptance Date, as evidenced by CenturyLink QC records. In the case of Frame Relay, this means 6 months following the Service Acceptance Date. “Pricing Attachment” means each document containing Service Rates, Term, and location -specific information, all of which are incorporated by this reference and made a part of each Service Exhibit. “Rates” means the MRCs and NRCs for the Service. “Service Acceptance Date” means the date Customer accepts the Service and billing commences, as evidenced by CenturyLink QC records. “Service Due Date” means the date CenturyLink QC makes the Service available to Customer for testing. “SONET” means Synchronous Optical Network. “Termination Charge” means the termination charges detailed in the Service Exhibits. 15. Definitions. “Affiliate” means any entity controlled by, controlling, or under common control with a party. “AUP” means the Acceptable Use Policy incorporated by this reference and posted at qwest.centurylink.com/legal/. “Cancellation Charge” means cancellation or termination charges that apply when Customer cancels Service without Cause: (a) as described in a Service Exhibit (or in the Tariff for applicable CenturyLink QC Services); and (b) when charges are incurred by CenturyLink QCC from a third party provider as a result of an early termination. “Cause” means the failure of a party to perform a material obligation under the Agreement, which failure is not remedied: (a) for payment defaults by Customer, within five days of separate written notice from CenturyLink of such default; or (b) for any other material breach, within 30 days after written notice. “Confidential Information” means any information that is not generally available to the public, whether of a technical, busi ness, or other nature, (including CPNI), and that: (a) the receiving party knows or has reason to know is confidential, proprietary, or trad e secret information of the disclosing party; or (b) is of such a nature that the receiving party should reasonably understand that the disclosing CENTURYLINK LOYAL ADVANTAGE™ AGREEMENT OMR #N55756 (QLAGESZ) Page 7 of 31 © CenturyLink, Inc. All Rights Reserved. CONFIDENTIAL v1.081511 party desires to protect the information from disclosure. Confidential Information will not include information that is in the public domain through no breach of the Agreement by the receiving party or is already known or is independently developed by the receiving party. “Convenience” means any reason other than for Cause. “CPE” means any customer equipment, software, and/or other materials of Customer used in connection with the Service. "CPNI" means Customer Proprietary Network Information, which includes confidential account, usage, and billing -related information about the quantity, technical configuration, type, destination, location, and amount of use of a customer’s telecommunication s services. CPNI reflects the telecommunications products, services, and features that a customer subscribes to and the usage of such services, including call detail information appearing in a bill. CPNI does not include a customer's name, address, or telephone number . “Early Termination Charge” means an amount equal to 35% of the average monthly charges billed under this Agreement through the date of termination multiplied by the number of months remaining in the Term. “End User” means Customer’s members, end users, customers, or any other third parties who use or access the Services or the CenturyLink network via the Services. “Force Majeure Event” means an unforeseeable event beyond the reasonable control of that party, including without limitation: act of God, fire, explosion, lightning, hurricane, labor dispute, cable cuts by third parties, acts of terror, material shortages or unavailability, government laws or regulations, war or civil disorder, or failures of suppliers of goods and services. “ISS” means CenturyLink’s Information Services Schedule incorporated by this reference and posted at: http://tariffs.qwest.com:8000/idc/groups/public/documents/service_agreements/qcc_info_services.pdf . “MRC” means monthly recurring charge. “NRC” means nonrecurring charge. “Order Form” includes both order request forms and quotes issued by CenturyLink. If a CenturyLink service requires a quote to validate the Order Form pricing, the quote will take precedence over the order request form, but not over the Service Exhibit . "Regulatory Activity" is a regulation or ruling by a ny regulatory agency, legislative body or court of competent jurisdiction. “RSS” means as applicable CenturyLink QCC’s Rates and Services Schedules incorporated by this reference and posted at http://tariffs.qwest.com:8000/idc/groups/public/documents/rss/htmltoc_qcc_rss2.htm for CenturyLink QCC's International RSS and at http://tariffs.qwest.com:8000/idc/groups/public/documents/rss/htmltoc_qcc_rss_no_3.htm for CenturyLink QCC’s Interstate RSS. “SLA” means the service level agreement applicable to a Service as described in a Service Exhibit. “State” means one of the 50 states of the United States or the District of Columbia. “Tariff” includes as applicable: CenturyLink QCC or CenturyLink QC state tariffs, price lists, price schedules, administrative guidelines, catalogs, and rate and term schedules incorporated by this reference and posted at http://tariffs.qwest.com:8000/Q_Tariffs/QT_Tariff_State_Page/index.htm. "Taxes" means foreign, federal, state, and local excise, gross receipts, sales, use, privilege, or other tax (other than net income) now or in the future imposed by any governmental entity (whether such Taxes are assessed by a governmental authority directly upon CenturyLink or the Customer) attributable or measured by the sale price or transaction amount, or surcharges, fees, and other similar charges that are required or permitted to be assessed on the Customer. These charges may include state and federal Carrier Un iversal Service Charges, as well as charges related to E911, and Telephone Relay Service. “Tech Pub” means the technical publication specific to each CenturyLink QC service, all of which are located at http://www.qwest.com/techpub/. Each CenturyLink QC Service Exhibit stipulates the Tech Pub that applies to that service, if any. CENTURYLINK LOYAL ADVANTAGETM AGREEMENT DOMESTIC VOICE SERVICE EXHIBIT OMR #N55756 (QLAGESZ) Page 8 © CenturyLink, Inc. All Rights Reserved. CONFIDENTIAL v1.081111 1. General; Definitions. Capitalized terms not defined herein are defined in the Agreement. CenturyLink QCC will provide domestic Voice Services (“Service”) under the terms of the Agreement, Tariff, RSS, ISS, and this Service Exhibit. “Net Effective Rate” means the rates less the Custom Discount. Net Effective Rates are subject to change if there is a change in the underlying rates and/or applicable discount(s), with any such changes to be done in accordance with the terms of the Agreement or this Service Exhibit. “Net Rate” is in lieu of all other rates, discounts, and promotions, including the CTA Discount. “Pricing Attachment” means a document containing rates specific to the Service and is incorporated by reference and made a part of this Service Exhibit. “SLA” means the service level agreement specific to the Service, located at http://www.qwest.centurylink.com/legal/, which is subject to change. 2. Service. 2.1 Description. Voice Service consists of domestic Long Distance, domestic Toll Free (including features), domestic Virtual Network Service (“VNS”), domestic worldcard®, and domestic Directory Assistance service. Domestic Long Distance service is available both interstate and intrastate, through switched and dedicated facilities. Toll Free service is also available thr ough switched or dedicated facilities. CenturyLink is required by the FCC to state i n this Service Exhibit that Customer is prohibited from using any Toll Free telephone number, or other telephone number advertised or widely understood to be Toll Free, in a manner that would violate FCC rule 47 CFR 64.1504. Directory Assistance offers one rate to Voice Service customers domestically. With respect to Outbound Long Distance: (a) Per the Federal Trade Commission (“FTC”), telemarketers are required to transmit their telephone number t o Caller ID services. As such, all telemarketers using CenturyLink commercial services are required to provide CPN/pseudo-CPN according to the rules below: IF A TELEMARKETER DOES NOT PROVIDE CENTURYLINK WITH A NUMBER FOR THIS PURPOSE, THEIR BILLING TELEPHONE NUMBER WILL BE USED AS THE TRUNK GROUP’S CPN; and (b ) Federal Do Not Calls rules require that companies that telemarket or engage in telephone solicitations adhere to the requirements set forth in 47 C.F.R. section 64.1 200 (FCC) and 16 C.F.R. Part 310 (FTC). Please consult with your company’s legal advisor for more information. The SLA provides Customer’s sole and exclusive remedy for service interruptions or service deficiencies of any kind whatsoever for the Service . worldcard offers domestic calling card services available either interstate or intrasta te and is available through switched access only. worldcard is offered with three options: 1) the standard option includes CenturyLink’s trademarks and telephone number; 2) t he “cologo” option includes CenturyLink’s and Customer’s names and trademarks an d/or logos and will include either CenturyLink’s or Customer’s telephone number; and 3) the “private label” option only includes Customer’s names trademarks and/or logos and wil l include either CenturyLink’s or Customer’s telephone number. If Customer sel ects the cologo or private label worldcard options, then Customer grants CenturyLink permission to create a card using Customer’s name, trademarks and/or logos as provided to CenturyLink by Customer. Customer further agrees that even though Customer’s name, trademarks, logo and/or phone number may appear on the cards, except for Customer’s rights in its name, trademarks, and/or logo, CenturyLink will be sole owner of all right and title in and to all intellectual property associated with the cards and the worldcard service. Furthermore, if Customer selects either the cologo or private label cards, then Customer agrees to indemnify and hold CenturyLink harmless for any costs, fees, damages, or expenses of any sort incurred by CenturyLink as a result of claims arising from CenturyLink’s use of Customer’s name, trademarks or logo in accordance with this Agreement. In addition to the other worldcard charges listed herein, Customer will pay to CenturyLink any set-up charges associated with the design and production of the cologo and private label cards. CenturyLink will notify Customer of the total amount of set-up charges prior to production of the cards. If Customer objects to the set-up charges, then the parties will work together to create a less expensive design than originally requested by Customer (this sentence and the previous sentence combined constitute the “Set -up Process”). If Customer revokes the use of its mark for the cologo or private label cards or requests new cards due to its mark changing, then Customer must cease using those cards and CenturyLink will issue replacement cards that either do not include Customer’s mark or contain the new mark, as appropriate. The Set-up Process will apply to the replacement cards and Customer will pay CenturyLink the set-up charges for the replacement cards. The person(s) named on the calling card and those identified on CenturyLink’s records for the associated account are jointly and severally responsible for the charges made using the calling card. The calling card is not transferable, but the cardholder may authorize others to use it. The cardholder is responsible for all charges incurred by authorized users, and giving the calling card to someone else or telling someone else the security code is such au thorization. The calling card will be cancelled at the cardholder’s request. CenturyLink may cancel the calling card if the cardholder cancels or fails to pay, if CenturyLink suspects fraud, improper, or unauthorized use or observes unusual use, or if it changes its policies for issuing worldcard calling cards. CenturyLink may cancel the calling card without notice. CenturyLink is not liable for any damages for any reason due to the cancellation of, or failure to accept the calling card. If a calling card is canceled for any reason, the cardholder must notify all authorized users and destroy all calling cards. The cardholder should notify CenturyLink immediately if the cardholder changes address or telephone number or if a calling card is lost, stolen, or misplaced or if a cardholder suspects unauthorized use or misuse of a calling card. To report a loss, theft, or suspected misuse, please call 1 800-860-1020. Some uses of the worldcard calling card may be subject to rules, regulations, and tariffs of state public utility commissions and the Federal Communications Commission. 2.2 Domestic IP Voice. Domestic IP Voice Service consists of IP intrastate and interstate dedicated Long Distance and IP dedicated Toll Free. Domestic IP Voice accepts intrastate and interstate dedicated Long Distance traffic in IP format and converts such traffic for transmission across the telecommunications network. Domestic IP Voice also accepts domestic Toll Free traffic and converts i t into VoIP format for transmission to Customer. The pricing for Domestic IP Voice services is the same as for non -IP intrastate and interstate dedicated Long Distance and non-IP dedicated Toll Free. Domestic IP Voice does not support local services, 911, E911, V911, operator services, local number portability, or directory listings. All use of Domestic IP Voice will comply with and be subject to the service guide, AUP, and applicable sections of the SLA which are posted at http://www.qwest.centurylink.com/legal/. CenturyLink CENTURYLINK LOYAL ADVANTAGETM AGREEMENT DOMESTIC VOICE SERVICE EXHIBIT OMR #N55756 (QLAGESZ) Page 9 © CenturyLink, Inc. All Rights Reserved. CONFIDENTIAL v1.081111 reserves the right to refuse to accept, suspend, or limit any or all of Customer’s IP traffic not complying with the service guide technical specifications or that CenturyLink believes is adversely affecting other customers on the CenturyLink network. The service guide and AUP are incorporated into the Agreement by this reference. CenturyLink may reasonably modify the service guide, AUP, and SLA to ensure compliance with applicable laws and regulations and to protect CenturyLink's network and customers, and such change will be effective upon posting to the Web site. 2.3 CenturyLink 8XX Outbound Service. CenturyLink 8XX Outbound Service (“8XX Outbound”) allows Customer to place Toll Free TDM or IP calls to CenturyLink owned or non-CenturyLink owned Toll Free numbers on Customer’s CenturyLink dedicated access lines (“DALS”). 8XX Outbound is only available on DALs provisioned on CenturyLink DMS250, NGS, and IPLD switched. 8XX Outbound is not subject to an SLA. 8XX Outbound is governed by the CenturyLink RSS and/or Tariffs. CenturyLink reserves the right, upon 30 calendar days prior written notice to Customer, to cancel or modify 8XX Outbound. If Customer does not agree to the 8XX Outb ound modifications, then Customer must notify CenturyLink prior to the expiration of the 30 day time frame that Customer wishes to cancel 8XX Outbound. Customer’s continued use of 8XX Outbound after the 30 -day time frame will indicate that Customer agrees to the modifications. Limitations. CenturyLink provides 8XX Outbound by routing and terminating the toll-free call to a CenturyLink dedicated facility that is connected to a LEC facility to allow re -origination to the dialed Toll Free number. CenturyLink is only responsible for getting the call to the LEC for re -origination. CenturyLink cannot provide any kind of support or help troubleshoot problems with toll free origination or termination once the call is delivered to the LEC for re -origination. Because all outbound Toll Free calls will re-originate from a LEC central office, the outbound toll-free call will route as if the call originates from the LEC central office, and not from the geographic location of Customer’s DAL. If there is regional (i.e., calls only allowed to originate from specific states or disallowed from specific states) or point of call (geographic) routing on the dialed Toll Free number, the call may not be completed. From time to time CenturyLink may add, change, and/or remove the central offices from which calls are re-originated, without notice to Customer. Customer requests for 8XX Outbound changes or additions, including additional 8XX Outbound traffic volumes, are subject to availability and CenturyLink’s acceptance of the order. 2.4 Non-Completed Calls. “Non-completed Call Percentage Threshold" means 30% of all attempted calls, both completed and non- completed. If the percentage of Customer’s calls that do not complete (out of all attempted calls) meets or exceeds the Non -completed Call Percentage Threshold for any given monthly billing cycle, CenturyLink may, upon 30 calendar days notice to Customer, disconnect any and all circuit(s) providing Service on which the Non-completed Call Percentage Threshold was exceeded. 3. Term. This Service Exhibit will expire or terminate coterminous with the Agree ment, unless terminated earlier by either party by providing 60 days advance written notice. 4. Charges. As applicable, Customer will pay the rates, Net Rates, Net Effective Rates, and all other charges set forth in the Pricing Attachment, RSS, ISS, Tariff, or Order Form. Customer is responsible for all metered usage charges and per call charges that occur from the point Service is available for Customer use, regardless of whether CenturyLink notifies Customer of Service availability. Domestic Long Distance calls crossing state boundaries, within the same LATA, will be billed at the interstate rate. The rates, Net Rates, and Net Effective Rates do not include costs associated with local access or CPE, which rates are described in the Ser vice Exhibits specific to those services or in a separate agreement for such service. Customer's 8XX Outbound will bill the same rates as Customer's dedicated outbound Long Distance (1+). Customer understands and agrees that all 8XX Outbound calls will be billed to the trunk group owner, even if the dialed toll-free numbers belong to CenturyLink. CenturyLink reserves the right, upon 30 calendar days prior written notice to Customer, to charge an MRC for 8XX Outbound. If Customer does not agree to the MRC, then Customer must notify CenturyLink prior to the expiration of the 30 day time frame that Customer wishes to cancel 8XX Outbound. Customer’s continued use of 8XX Outbound after the 30 -day time frame will indicate that Customer agrees to pay the MRC. Unless a Net Rate or Net Effective Rate is specified in the Pricing Attachment, domestic Outbound Long Distance and 8XX Outbound, domestic Toll Free (including any features), domestic VNS, and domestic worldcard voice services will be charged at the Agreement rates in the Tariff, ISS, and RSS. Rates and Net Rates will be used for calculating Contributory Charges. Customer represents that it has received from a CenturyLink competitor an offer comparable to the offer in this Service Exhibit for the Services. CENTURYLINK LOYAL ADVANTAGETM AGREEMENT DOMESTIC VOICE SERVICE EXHIBIT OMR #N55756 (QLAGESZ) Page 10 © CenturyLink, Inc. All Rights Reserved. CONFIDENTIAL v1.081111 PRICING ATTACHMENT 1. Interstate. For all Interstate Long Distance usage, CenturyLink will bill Customer an 18 second minimum per call and 6 second increments. Domestic Interstate Outbound Long Distance Per Minute Net Rate Origination – Termination Dedicated – Switched $0.0100 Switched – Switched $0.0230 Dedicated – Dedicated (VNS) $0.0100 Domestic Interstate Toll Free Per Minute Net Rate Origination - Termination Switched – Dedicated $0.0189 Switched – Switched $0.0250 Domestic Interstate worldcard – Option 1 Net Rate Origination – Termination Per Minute Switched – Switched $0.0250 Per Call Surcharge from Non- Payphone $0.3500 per call Per Call Surcharges from Payphone $0.3500 plus $0.5500 surcharge per payphone call Domestic Interstate Directory Assistance Net Rate (all states) Directory Assistance – per call (up to two numbers may be provided per call) $1.9900 2. Intrastate. Domestic Intrastate (including interLATA and intraLATA) Outbound Long Distance By State Per Minute Net Rate State Origination – Termination Washington Dedicated – Switched $0.0187 Washington Switched - Switched $0.0370 Domestic Intrastate (including interLATA and intraLATA) Toll Free By State Per Minute Rates State Origination – Termination Washington Switched – Dedicated $0.0189 Washington Switched – Switched $0.0361 Intrastate (including interLATA and intraLATA)worldcard - Option 1 By State Net Effective Rates State Washington Per Minute Switched - Switched $0.0370 Per Call Surcharge from Non-Payphone $0.3500 Per Call Surcharges from Payphone $0.3500 $0.3000 CENTURYLINK LOYAL ADVANTAGETM AGREEMENT DOMESTIC VOICE SERVICE EXHIBIT OMR #N55756 (QLAGESZ) Page 11 © CenturyLink, Inc. All Rights Reserved. CONFIDENTIAL v1.081111 Domestic Intrastate Directory Assistance per call Net Effective Rates States Alabama, Arizona, Colorado, Iowa, Idaho, Minnesota, Montana, Nebraska, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, Wyoming $1.9900 Michigan, Nevada, New Jersey, Virginia, Wisconsin $1.4000 Arkansas, California, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Indiana, Kansas, Kentucky, Louisiana, Maine, Mississippi, Missouri, New Hampshire, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Vermont, West Virginia $0.9500 Maryland (first 2 calls are free, each call thereafter) $0.9500 Massachusetts (first 10 calls are free, each call thereafter) $0.9500 3. LOCATIONS THRESHOLD. The Switched Inbound and Outbound Interstate rates and Dedicated Inbound and Outbound Interstate rates described under the Agreement will be provided to no more than 25 total locations (t he “Locations Threshold”). Each location in excess of the Location Threshold requiring Switched Inbound and Outbound Interstate Service or Dedicated Inbound and Outbound Interstate Service will receive standard month-to-month RSS rates in lieu of the rates, discounts and/or credits specified herein. 4. INBOUND 8XX FEATURE(S). Customer will pay the following NRCs, MRCs, Change Charges and Surcharges, if applicable, for the Enhanced 8XX Features listed below (“Feature(s)”). Pricing for Features listed below is subject to change without notice and is subject to applicable federal, state and local taxes, fees and surcharges. Feature NRC MRC Change Surcharge Alternate Call Routing $50.00 per 8XX $50.00 per 8XX $50.00 per 8XX N/A Busy Ring No Answer (BRNA) $150.00 per 8XX $50.00 per 8XX $50.00 per 8XX $0.01 per call Day of Week Routing (DOW) $50.00 per 8XX $50.00 per 8XX $50.00 per 8XX N/A Day of Year (Holiday) Routing (DOY) $50.00 per 8XX $0.00 $50.00 per 8XX N/A Dialed Number Identification Service (DNIS) $15.00 per 8XX $0.00 $15.00 per 8XX N/A Direct Termination Overflow (DTO) $50.00 per 8XX $50.00 per 8XX $50.00 per 8XX N/A EZ Route–Enhanced Reporting Manager (ERM) $500.00 per 8XX $0 $0 $0 EZ Route–Menu and Database * $150.00 per 8XX $50.00 per 8XX $0.00 $0.04 per call EZ Route–Speech Recognition Menu & Database Routing * $150.00 per 8XX $50.00 per 8XX $0.00 $0.08 per call EZ Route–Percent Allocation, Time of Day, Day of Week, Area Code & Customer – Entered Digit Routing * Included with EZ Route Included with EZ Route Included with EZ Route Included with EZ Route EZ Route–Bridging $0.00 $0.05 per MOU $0.00 $0.00 EZ Route Enhanced Reporting Manager (ERM) $500.00 $0.00 $0.00 $0.00 Extended Call Coverage (ECC) $0.00 $0.00 $0.00 N/A Geographic Routing (GeoRouting) $50.00 per 8XX $50.00 per 8XX $50.00 per 8XX N/A Industry Toll Free Directory Assistance $35.00 per 8XX (standard) $100.00 per 8XX (expedite) $3.00 per 8XX $35.00 per 8XX (standard) $100.00 per 8XX (expedite) $2.00 per query Menu Routing $250.00 per 8XX $25.00 per 8XX $100.00 per 8XX $0.05 per call Percent Allocation Routing $50.00 per 8XX $50.00 per 8XX $50.00 per 8XX N/A Project Account Codes (PAC) $15.00 per 8XX $15.00 per 8XX $15.00 per 8XX N/A CenturyLink GeoPlus® This advanced routing option is only offered through an alliance with AdGeo. Please contact AdGeo directly at 888-947-3100 or visit www.QwestGeoPlus.com Log-in: qwest PIN: qwest1 Real Time ANI $0.00 $0.00 $0.00 N/A Tailored Call Coverage (TCC) $50.00 per 8XX $0.00 $50.00 per 8XX N/A Time of Day Routing (TOD) $50.00 per 8XX $50.00 per 8XX $50.00 per 8XX N/A Transfer and Release (TnR) $1,000.00 per 8XX $100.00 per 8XX $100.00 per 8XX $0.05 per transfer Control Center for Toll Free $0.00 $0.00 $0.00 N/A Super Trunk Overflow $50.00 per 8XX $50.00 per 8XX $50.00 per 8XX N/A In Switch Overflow Trunk $50.00 per 8XX $50.00 per 8XX $50.00 per 8XX N/A * Limited to 500 nodes per application. CENTURYLINK LOYAL ADVANTAGETM AGREEMENT INTERNATIONAL VOICE SERVICE EXHIBIT OMR #N55756 (QLAGESZ) Page 12 © CenturyLink, Inc. All Rights Reserved. FOR INFORMATIONAL PURPOSES ONLY v1.081111 1. General; Definitions. Capitalized terms not defined in this Service Exhibit are defined in the Agreement. CenturyLink will provide International Voice Service (“Service”) under the terms of the Agreement, RSS, ISS, and this Service Exhibit. “Pricing Attachment” means a document containing rates specific to the Service and is incorporated by reference and made a part of this Service Exhibit. 2. Service. 2.1 Description. International Voice Service consists of International Outbound Long Distance, International Toll Free and International worldcard®. Except where specified otherwise, for international outbound voice service, the rates specified herein will only apply to international outbound voice service originating in the U.S. (subject to availability) and terminating internationally using land- line facilities and will not apply to international outbound voice service terminating internationally using cellular facilities or, for international inbound voice service, the rates specified herein will only apply to international inbound voice service originating internationally using land-line and cellular facilities. However, airtime is charged for mobile calls. With respect to International Outbound Long Distance: (a) Per the Federal Trade Commission (“FTC”), telemarketers are requir ed to transmit their telephone number to Caller ID services. As such, all telemarketers using CenturyLink commercial services are required to provide CPN/pseudo- CPN according to the rules below: IF A TELEMARKETER DOES NOT PROVIDE CENTURYLINK WITH A NUMBER FOR THIS PURPOSE, THEIR BILLING TELEPHONE NUMBER WILL BE USED AS THE TRUNK GROUP’S CPN; and (b) Federal Do Not Calls rules require that companies that telemarket or engage in telephone solicitations adhere to the requirements set forth in 47 C.F.R. section 64.1200 (FCC) and 16 C.F.R. Part 310 (FTC). Please consult with your company’s legal advisor for more information. 2.2 International IP Voice. International IP Voice Service consists of IP international Long Distance and IP dedicated international Toll Free. International IP Voice accepts international dedicated Long Distance traffic in IP format and converts such traff ic for transmission across the telecommunications network. International IP Voice also accepts dedicated international Toll Free t raffic and converts it into VoIP format for transmission to Customer. The pricing for International IP Voice services is the same as fo r non-IP dedicated international Long Distance and Toll Free. International IP Voice does not support local services, 9 11, E911, V911, operator services, local number portability, or directory listings. All use of International IP Voice will comply with and be subject to the Service Guide and AUP which are posted at http://www.qwest.centurylink.com/legal/. CenturyLink reserves the right to refuse to accept, suspend, or limit any or all of Customer’s IP traffic not complying with the Service Guide technical specifications or that CenturyLink believes is adversely affecting other customers on the CenturyLink network. The Service Guide and AUP are incorporated into the Agreement by this reference. CenturyLink may reasonably modify the Service Guide and AUP to ensure compliance with applicable laws and regulations and to protect CenturyLink's network and customers, and such change will be effective upon posting to the Web site. 3. Charges. Customer will pay all applicable rates and charges as set forth in the Pricing Attachment, in the RSS, ISS, or Order Form. The per minute rates, country/mobile codes and charges contained in the Pricing Attachment are provided for informational purposes only, but should reflect the applicable rates as of the Effective Date of the underlying Agreement. The rates for I nternational Voice Service are controlled by the RSS and are subject to change. The rates set forth in the Pricing Attachment do not include costs associated with local access. If a Term of less than one year is in effect, then Customer will not receive any discounts. No other discounts or promotions will apply. CENTURYLINK LOYAL ADVANTAGETM AGREEMENT INTERNATIONAL VOICE SERVICE EXHIBIT OMR #N55756 (QLAGESZ) Page 13 © CenturyLink, Inc. All Rights Reserved. FOR INFORMATIONAL PURPOSES ONLY v1.081111 PRICING ATTACHMENT All rates are quoted in minutes and will be billed in the following initial and incremental time periods based on traffic type : International Voice Service Initial Billing Period Incremental Billing Period Outbound U.S. to International 30 seconds 6 seconds Outbound U.S. to Canada 30 seconds 6 seconds Outbound U.S. to Mexico 60 seconds 60 seconds worldcard Initial Billing Period Incremental Billing Period Outbound US to International (excluding Mexico) 30 seconds 6 seconds Inbound International (excluding Mexico) to US 60 seconds 60 seconds Outbound International to International 60 seconds 60 seconds Inbound Mexico to US 60 seconds 60 seconds Outbound Mexico to Mexico 60 seconds 60 seconds Outbound Mexico to International 60 seconds 60 seconds Outbound International to Mexico 60 seconds 60 seconds Outbound US to Mexico 60 seconds 60 seconds Inbound Canada to US 30 seconds 6 seconds Outbound US to Canada 30 seconds 6 seconds Outbound Canada to International (excluding Mexico) 30 seconds 6 seconds Outbound International (excluding Mexico) to Canada 60 seconds 60 seconds Outbound Canada to Mexico 60 seconds 60 seconds Outbound Mexico to Canada 60 seconds 60 seconds International Toll Free Service “ITFS”/Universal International Freephone Number “UIFN” billing increments: ITFS/UIFN Initial Billing Period Incremental Billing Period Inbound International (excluding Mexico) to US 30 seconds 6 seconds Inbound Canada to US 30 seconds 6 seconds Inbound US to Canada 30 seconds 6 seconds Inbound Mexico to US 60 seconds 60 seconds International Outbound Long Distance. Country of Termination Switched Origination - Switched Termination Rate Per Minute Dedicated Origination - Switched Termination Rate Per Minute Afghanistan $0.8535 $0.8355 Albania $0.4104 $0.3924 Albania - Mobile/Special Services $0.3243 $0.3063 Algeria $0.3528 $0.3348 Algeria - Mobile/Special Services $0.3888 $0.3708 Andorra $0.1680 $0.1500 Andorra - Mobile/Special Services $0.3494 $0.3314 Angola $0.5256 $0.5076 Angola - Mobile/Special Services $0.5616 $0.5436 Anguilla $0.3024 $0.2844 Anguilla - Mobile/Special Services $0.3321 $0.3141 Antarctica $0.5850 $0.5670 Antigua $0.2671 $0.2491 Antigua – Mobile/Special Services $0.4230 $0.4050 Argentina $0.1125 $0.0945 Argentina - Mobile/Special Services $0.3454 $0.3274 CENTURYLINK LOYAL ADVANTAGETM AGREEMENT INTERNATIONAL VOICE SERVICE EXHIBIT OMR #N55756 (QLAGESZ) Page 14 © CenturyLink, Inc. All Rights Reserved. FOR INFORMATIONAL PURPOSES ONLY v1.081111 Armenia $0.4464 $0.4284 Armenia - Mobile/Special Services $0.4824 $0.4644 Aruba $0.2304 $0.2124 Aruba - Mobile/Special Services $0.2664 $0.2484 Ascension Island $1.1224 $1.1044 Australia $0.0614 $0.0434 Australia - Mobile/Special Services $0.2538 $0.2358 Austria $0.1066 $0.0886 Austria - Mobile/Special Services $0.3248 $0.3068 Azerbaijan $0.4976 $0.4796 Azerbaijan - Mobile/Special Services $0.4976 $0.4796 Bahamas $0.1440 $0.1260 Bahamas – Mobile/Special Services $0.1980 $0.1800 Bahrain $0.3816 $0.3636 Bahrain - Mobile/Special Services $0.4176 $0.3996 Bangladesh $0.4241 $0.4061 Bangladesh - Mobile/Special Services $0.6247 $0.6067 Barbados $0.3024 $0.2844 Barbados - Mobile/Special Services $0.3370 $0.3190 Belarus $0.4230 $0.4050 Belarus - Mobile/Special Services $0.4500 $0.4320 Belgium $0.0540 $0.0360 Belgium - Mobile/Special Services $0.2970 $0.2790 Belize $0.3816 $0.3636 Belize - Mobile/Special Services $0.5542 $0.5362 Benin $0.3384 $0.3204 Benin – Mobile/Special Services $0.4680 $0.4500 Bermuda $0.1872 $0.1692 Bermuda - Mobile/Special Services $0.2232 $0.2052 Bhutan $0.7584 $0.7404 Bhutan – Mobile/Special Services $0.8280 $0.8100 Bolivia $0.2873 $0.2693 Bolivia - Mobile/Special Services $0.3869 $0.3689 Bosnia & Herzegovina $0.3010 $0.2830 Bosnia & Herzegovina - Mobile/Special Services $0.4032 $0.3852 Botswana $0.3240 $0.3060 Botswana – Mobile/Special Services $0.3960 $0.3780 Brazil $0.1440 $0.1260 Brazil - Mobile/Special Services $0.3022 $0.2842 British Virgin Islands $0.2376 $0.2196 British Virgin Islands - Mobile/Special Services $0.1917 $0.1737 Brunei $0.3816 $0.3636 Brunei - Mobile/Special Services $0.4176 $0.3996 Bulgaria $0.2520 $0.2340 Bulgaria - Mobile/Special Services $0.3348 $0.3168 Burkina Faso $0.4176 $0.3996 Burkina Faso – Mobile/Special Services $0.4680 $0.4500 Burundi $0.8208 $0.8028 Burundi - Mobile/Special Services $0.3448 $0.3268 Cambodia $0.9216 $0.9036 CENTURYLINK LOYAL ADVANTAGETM AGREEMENT INTERNATIONAL VOICE SERVICE EXHIBIT OMR #N55756 (QLAGESZ) Page 15 © CenturyLink, Inc. All Rights Reserved. FOR INFORMATIONAL PURPOSES ONLY v1.081111 Cambodia - Mobile/Special Services $0.9576 $0.9396 Cameroon $0.3967 $0.3787 Cameroon - Mobile/Special Services $0.5929 $0.5749 Canada $0.0449 $0.0269 Cape Verde Islands $0.4770 $0.4590 Cape Verde Islands – Mobile/Special Services $0.6030 $0.5850 Cayman Islands $0.2160 $0.1980 Cayman Islands – Mobile/Special Services $0.2430 $0.2250 Central African Republic $0.7942 $0.7762 Central African Republic – Mobile/Special Services $0.8280 $0.8100 Chad $1.2494 $1.2314 Chad - Mobile/Special Services $0.8972 $0.8792 Chile $0.1632 $0.1452 Chile - Mobile/Special Services $0.3402 $0.3222 China $0.1642 $0.1462 China - Mobile/Special Services $0.2664 $0.2484 Christmas & Cocos Islands $0.1366 $0.1186 Colombia $0.1778 $0.1598 Colombia - Mobile/Special Services $0.3096 $0.2916 Comoros $0.6696 $0.6516 Comoros - Mobile/Special Services $0.6480 $0.6300 Congo, Republic of $0.5292 $0.5112 Cook Islands $5.4000 $5.3820 Cook Islands - Special Services $4.6980 $4.6800 Costa Rica $0.2268 $0.2088 Costa Rica - Mobile/Special Services $0.2628 $0.2448 Croatia $0.2873 $0.2693 Croatia - Mobile/Special Services $0.3606 $0.3426 Cuba $0.9180 $0.9000 Cuba - Guantanamo Bay $1.0080 $0.9900 Cyprus $0.3024 $0.2844 Cyprus - Mobile/Special Services $0.4102 $0.3922 Czech Republic $0.2376 $0.2196 Czech Republic - Mobile Special/Services $0.3246 $0.3066 Denmark $0.1080 $0.0900 Denmark - Mobile/Special Services $0.2880 $0.2700 Diego Garcia $2.7180 $2.7000 Djibouti $0.5263 $0.5083 Djibouti - Mobile/Special Services $0.7063 $0.6883 Dominica $0.3134 $0.2954 Dominica – Mobile/Special Services $0.4230 $0.4050 Dominican Republic $0.1778 $0.1598 Dominican Republic - Mobile/Special Services $0.2160 $0.1980 East Timor $1.3500 $1.3500 Ecuador $0.2668 $0.2488 Ecuador - Mobile/Special Services $0.3672 $0.3492 Egypt $0.3283 $0.3103 Egypt - Mobile Special/Services $0.4608 $0.4428 El Salvador $0.2189 $0.2009 CENTURYLINK LOYAL ADVANTAGETM AGREEMENT INTERNATIONAL VOICE SERVICE EXHIBIT OMR #N55756 (QLAGESZ) Page 16 © CenturyLink, Inc. All Rights Reserved. FOR INFORMATIONAL PURPOSES ONLY v1.081111 El Salvador - Mobile/Special Services $0.2518 $0.2338 Equatorial Guinea $0.9648 $0.9468 Equatorial Guinea – Mobile/Special Services $1.0080 $0.9900 Eritrea $0.6703 $0.6523 Estonia $0.3096 $0.2916 Estonia - Mobile/Special Services $0.4918 $0.4738 Ethiopia $0.6120 $0.5940 Ethiopia - Mobile/Special Services $0.6480 $0.6300 Faeroe Islands $0.2760 $0.2580 Falkland Islands (Islas Malvinas) $1.1250 $1.1070 Fiji Islands $0.5220 $0.5040 Fiji Islands - Mobile/Special Services $0.6539 $0.6359 Finland $0.1080 $0.0900 Finland - Mobile Special/Services $0.2340 $0.2160 France $0.0540 $0.0360 France - Mobile/Special Services $0.2662 $0.2482 French Antilles (incl. Martinique) $0.2736 $0.2556 French Guiana $0.3564 $0.3384 French Guiana – Mobile/Special Services $0.4680 $0.4500 French Polynesia $0.4976 $0.4796 Gabon Republic $0.4248 $0.4068 Gabon Republic - Mobile/Special Services $0.4608 $0.4428 Gambia $0.3672 $0.3492 Gambia - Mobile/Special Services $0.5189 $0.5009 Georgia $0.5294 $0.5114 Georgia - Mobile/Special Services $0.5506 $0.5326 Germany $0.0540 $0.0360 Germany - Mobile/Special Services $0.2970 $0.2790 Ghana $0.3312 $0.3132 Ghana - Mobile/Special Services $0.3672 $0.3492 Gibraltar $0.3812 $0.3632 Gibraltar- Mobile/Special Services $0.4342 $0.4162 Greece $0.1300 $0.1120 Greece - Mobile Special/Services $0.2662 $0.2482 Greenland $0.7650 $0.7470 Greenland - Mobile/Special Services $0.7650 $0.7470 Grenada $0.3254 $0.3074 Grenada - Mobile/Special Services $0.3614 $0.3434 Guadeloupe $0.2808 $0.2628 Guadeloupe - Mobile/Special Services $0.4630 $0.4450 Guatemala $0.2189 $0.2009 Guatemala - Mobile/Special Services $0.3276 $0.3096 Guinea $0.4320 $0.4140 Guinea - Mobile/Special Services $0.5758 $0.5578 Guinea-Bissau $1.4189 $1.3976 Guinea-Bissau - Mobile/Special Services $2.2500 $2.2320 Guyana $0.5280 $0.5100 Guyana - Mobile/Special Services $0.6075 $0.5895 CENTURYLINK LOYAL ADVANTAGETM AGREEMENT INTERNATIONAL VOICE SERVICE EXHIBIT OMR #N55756 (QLAGESZ) Page 17 © CenturyLink, Inc. All Rights Reserved. FOR INFORMATIONAL PURPOSES ONLY v1.081111 Haiti $0.3706 $0.3526 Haiti - Mobile $0.4342 $0.4162 Haiti - Special Services $0.5400 $0.5220 Honduras $0.4500 $0.4320 Honduras - Mobile/Special Services $0.5220 $0.5040 Hong Kong $0.1150 $0.0970 Hong Kong - Mobile/Special Services $0.1656 $0.1476 Hungary $0.0836 $0.0656 Hungary - Mobile/Special Services $0.3502 $0.3322 Iceland $0.2520 $0.2340 Iceland - Mobile/Special Services $0.3745 $0.3565 India $0.2610 $0.2430 India - Mobile/Special Services $0.4176 $0.3996 Indonesia $0.1215 $0.1035 Indonesia - Mobile/Special Services $0.3238 $0.3058 INMARSAT – 870 $6.3000 $6.2820 INMARSAT - Atlantic East $6.3000 $6.2820 INMARSAT - Atlantic West $6.3000 $6.2820 INMARSAT - Indian $6.3000 $6.2820 INMARSAT - Pacific $6.3000 $6.2820 International Networks $4.2353 $4.2142 Iran $0.4651 $0.4471 Iran - Mobile/Special Services $0.6264 $0.6084 Iraq $0.7835 $0.7709 Ireland $0.1080 $0.0900 Ireland - Mobile/Special Services $0.3150 $0.2970 Iridium $3.6529 $3.6318 Israel $0.0630 $0.0450 Israel - Mobile/Special Services $0.1726 $0.1546 Italy $0.0529 $0.0349 Italy - Mobile/Special Services $0.2835 $0.2655 Ivory Coast $0.5335 $0.5155 Ivory Coast - Mobile/Special Services $0.6408 $0.6228 Jamaica $0.3215 $0.3035 Jamaica - Mobile/Special Services $0.4553 $0.4246 Japan $0.0656 $0.0476 Japan - Mobile/Special Services $0.3023 $0.2753 Jordan $0.4651 $0.4471 Jordan - Mobile/Special Services $0.5352 $0.5172 Kazakhstan $0.1984 $0.1804 Kazakhstan - Mobile/Special Services $0.2650 $0.2470 Kenya $0.4320 $0.4140 Kenya - Mobile/Special Services $0.4680 $0.4500 Kiribati $0.9212 $0.9032 Kiribati - Mobile/Special Services $1.1250 $1.1070 Korea, North $0.8208 $0.8028 Korea, South $0.1222 $0.1042 Korea, South - Mobile/Special Services $0.1510 $0.1330 Kuwait $0.3830 $0.3650 Kuwait - Mobile/Special Services $0.5328 $0.5148 Kyrgyzstan $0.2531 $0.2351 Kyrgyzstan - Mobile/Special Services $0.4658 $0.4478 CENTURYLINK LOYAL ADVANTAGETM AGREEMENT INTERNATIONAL VOICE SERVICE EXHIBIT OMR #N55756 (QLAGESZ) Page 18 © CenturyLink, Inc. All Rights Reserved. FOR INFORMATIONAL PURPOSES ONLY v1.081111 Laos $0.8304 $0.8124 Laos - Mobile/Special Services $1.0397 $1.0217 Latvia $0.3010 $0.2830 Latvia - Mobile/Special Services $0.4492 $0.4312 Lebanon $0.4378 $0.4198 Lebanon - Mobile/Special Services $0.5198 $0.5018 Lesotho $0.4392 $0.4212 Lesotho - Mobile/Special Services $0.4752 $0.4572 Liberia $0.3312 $0.3132 Liberia - Mobile/Special Services $0.6982 $0.6802 Libya $0.4464 $0.4284 Libya – Mobile/Special Services $0.5580 $0.5400 Liechtenstein $0.1300 $0.1120 Liechtenstein - Mobile/Special Services $0.1958 $0.1778 Lithuania $0.3010 $0.2830 Lithuania - Mobile/Special Services $0.4953 $0.4773 Luxembourg $0.1080 $0.0900 Luxembourg - Mobile/Special Services $0.3150 $0.2970 Macau $0.4024 $0.3844 Macau - Mobile/Special Services $0.4464 $0.4284 Macedonia $0.3096 $0.2916 Macedonia - Mobile/Special Services $0.4230 $0.4050 Madagascar $1.2672 $1.2492 Madagascar - Mobile/Special Services $1.3032 $1.2852 Malawi $0.3456 $0.3276 Malawi - Mobile/Special Services $0.3816 $0.3636 Malaysia $0.0667 $0.0487 Malaysia - Mobile/Special Services $0.1726 $0.1546 Maldives $0.6864 $0.6684 Maldives - Mobile/Special Services $2.2500 $2.2320 Mali Republic $0.5616 $0.5436 Mali Republic - Mobile/Special Services $0.4782 $0.4602 Malta $0.2952 $0.2772 Malta - Mobile/Special Services $0.3312 $0.3132 Marshall Islands $0.6750 $0.6570 Mauritania $0.5184 $0.5004 Mauritius $0.5824 $0.5644 Mauritius – Mobile/Special Services $0.6930 $0.6750 Mayotte Island $0.6696 $0.6516 Mayotte Island - Mobile/Special Services $0.8518 $0.8338 Mexico Step 1-3 $0.1150 $0.0970 Mexico Step 4 - 7 $0.1154 $0.0974 Mexico Step 8 $0.1260 $0.1080 Micronesia $0.5130 $0.4950 Moldova $0.3967 $0.3787 Moldova - Mobile/Special Services $0.7729 $0.7549 Monaco $0.1080 $0.0900 Monaco - Mobile/Special Services $0.3494 $0.3314 Mongolia $0.8640 $0.8460 Montserrat $0.3420 $0.3240 Montserrat - Mobile/Special Services $0.5130 $0.4950 CENTURYLINK LOYAL ADVANTAGETM AGREEMENT INTERNATIONAL VOICE SERVICE EXHIBIT OMR #N55756 (QLAGESZ) Page 19 © CenturyLink, Inc. All Rights Reserved. FOR INFORMATIONAL PURPOSES ONLY v1.081111 Morocco $0.4129 $0.3949 Morocco - Mobile/Special Services $0.4673 $0.4493 Mozambique $0.4549 $0.4369 Mozambique - Mobile/Special Services $0.5760 $0.5580 Myanmar (Formerly Burma) $1.0906 $1.0726 Namibia $0.4950 $0.4770 Namibia - Mobile/Special Services $0.4032 $0.3852 Nauru $1.4400 $1.4220 Nauru - Mobile/Special Services $2.2235 $2.1706 Nepal $0.5544 $0.5364 Nepal – Mobile/Special Services $0.6930 $0.6750 Netherlands $0.0540 $0.0360 Netherlands - Mobile/Special Services $0.3420 $0.3240 Netherlands Antilles $0.2435 $0.2255 Netherlands Antilles - Mobile/Special Services $0.3282 $0.3082 New Caledonia $0.6048 $0.5868 New Zealand $0.1300 $0.1120 New Zealand - Mobile/Special Services $0.3033 $0.2853 Nicaragua $0.3060 $0.2880 Nicaragua - Mobile/Special Services $0.3420 $0.3240 Niger Republic $0.5136 $0.4956 Niger Republic - Mobile/Special Services $0.3613 $0.3433 Nigeria $0.4230 $0.4050 Nigeria - Mobile/Special Services $0.5026 $0.4846 Niue $2.2680 $2.2500 Niue - Mobile/Special Services $2.2680 $2.2500 Norfolk Island $1.7894 $1.7714 Norway $0.1080 $0.0900 Norway - Mobile/Special Services $0.2223 $0.2043 Oman $0.4860 $0.4680 Oman - Mobile/Special Services $0.5220 $0.5040 Pakistan $0.5400 $0.5220 Pakistan - Mobile/Special Services $0.5328 $0.5148 Palau, Republic of $0.5400 $0.5220 Palestine $0.1510 $0.1330 Palestine Mobile $0.2025 $0.1845 Panama $0.3010 $0.2830 Panama - Mobile/Special Services $0.3456 $0.3276 Papua New Guinea $0.3600 $0.3420 Papua New Guinea - Mobile/Special Services $1.8000 $1.7820 Paraguay $0.3312 $0.3132 Paraguay - Mobile/Special Services $0.3851 $0.3671 Peru $0.2285 $0.2105 Peru - Mobile/Special Services $0.3382 $0.3202 Philippines $0.2070 $0.1890 Philippines - Mobile/Special Services $0.3330 $0.3150 Poland $0.0784 $0.0604 Poland - Mobile Special/Services $0.3650 $0.3470 Portugal $0.0688 $0.0508 Portugal - Mobile/Special Services $0.2970 $0.2790 CENTURYLINK LOYAL ADVANTAGETM AGREEMENT INTERNATIONAL VOICE SERVICE EXHIBIT OMR #N55756 (QLAGESZ) Page 20 © CenturyLink, Inc. All Rights Reserved. FOR INFORMATIONAL PURPOSES ONLY v1.081111 Qatar $0.5670 $0.5490 Qatar - Mobile/Special Services $0.6300 $0.6120 Reunion Island $0.6671 $0.6491 Reunion Island - Mobile/Special Services $0.7222 $0.7042 Romania $0.1980 $0.1800 Romania - Mobile/Special Services $0.4234 $0.4054 Russia $0.1915 $0.1735 Russia - Mobile/Special Services $0.2520 $0.2340 Rwanda $0.6216 $0.6036 San Marino $0.1424 $0.1244 San Marino - Mobile/Special Services $2.0250 $2.0070 Sao Tome $2.0250 $2.0070 Saudi Arabia $0.3967 $0.3787 Saudi Arabia - Mobile/Special Services $0.5544 $0.5364 Senegal Republic $0.5335 $0.5155 Senegal Republic - Mobile/Special Services $0.6565 $0.6385 Seychelles Islands $0.7404 $0.7224 Seychelles Islands - Mobile/Special Services $0.4998 $0.4818 Sierra Leone $0.5850 $0.5670 Sierra Leone - Mobile/Special Services $0.5436 $0.5256 Singapore $0.1573 $0.1393 Singapore - Mobile/Special Services $0.2160 $0.1980 Slovak Republic $0.2326 $0.2146 Slovak Republic - Mobile/Special Services $0.3606 $0.3426 Slovenia $0.2520 $0.2340 Slovenia - Mobile/Special Services $0.4024 $0.3844 Solomon Islands $1.3500 $1.3320 Solomon Islands - Mobile/Special Services $1.8000 $1.7820 Somalia $1.3235 $1.3055 South Africa $0.0900 $0.0720 South Africa - Mobile/Special Services $0.3382 $0.3202 Spain $0.0540 $0.0360 Spain - Mobile/Special Services $0.3389 $0.3187 Sri Lanka $0.5184 $0.5004 Sri Lanka - Mobile/Special Services $0.5544 $0.5364 St. Helena $0.9106 $0.8926 St. Kitts/Nevis $0.2729 $0.2549 St. Kitts/Nevis - Mobile/Special Services $0.4242 $0.4062 St. Lucia $0.2808 $0.2628 St. Lucia - Mobile/Special Services $0.4712 $0.4532 St. Pierre/Miquelon $0.2688 $0.2508 St. Vincent/Grenadines $0.3336 $0.3156 St. Vincent/Grenadines - Mobile/Special Services $0.4417 $0.4237 Sudan $0.6336 $0.6156 Sudan - Mobile/Special Services $0.4995 $0.4815 Suriname $0.6468 $0.6288 Suriname - Mobile/Special Services $0.6008 $0.5828 Swaziland $0.2952 $0.2772 CENTURYLINK LOYAL ADVANTAGETM AGREEMENT INTERNATIONAL VOICE SERVICE EXHIBIT OMR #N55756 (QLAGESZ) Page 21 © CenturyLink, Inc. All Rights Reserved. FOR INFORMATIONAL PURPOSES ONLY v1.081111 Swaziland - Mobile $0.3312 $0.3132 Sweden $0.0900 $0.0720 Sweden - Mobile/Special Services $0.3282 $0.3102 Switzerland $0.0540 $0.0360 Switzerland - Mobile/Special Services $0.3918 $0.3738 Syrian Arab Republic $0.5328 $0.5148 Syrian Arab Republic - Mobile/Special Services $0.5688 $0.5508 Taiwan $0.1150 $0.0970 Taiwan - Mobile/Special Services $0.1510 $0.1330 Tajikistan $0.3812 $0.3578 Tajikistan - Mobile/Special Services $0.3812 $0.3578 Tanzania $0.4860 $0.4680 Tanzania - Mobile/Special Services $0.5832 $0.5652 Thailand $0.1292 $0.1112 Thailand - Mobile/Special Services $0.2952 $0.2772 Togo $0.5436 $0.5256 Togo – Mobile/Special Services $0.6930 $0.6750 Tokelau $1.8090 $1.7910 Tokelau - Mobile/Special Services $1.8360 $1.8180 Tonga Islands $0.5537 $0.5357 Tonga Islands - Mobile/Special Services $0.5027 $0.4847 Trinidad & Tobago $0.3010 $0.2830 Trinidad & Tobago - Mobile/Special Services $0.2986 $0.2806 Tunisia $0.3918 $0.3738 Tunisia - Mobile/Special Services $0.3918 $0.3738 Turkey $0.2736 $0.2556 Turkey - Mobile/Special Services $0.3398 $0.3218 Turkmenistan $0.6035 $0.5855 Turkmenistan - Mobile/Special Services $0.6035 $0.5855 Turks & Caicos $0.4024 $0.3844 Turks & Caicos - Mobile/Special Services $0.4455 $0.4275 Tuvalu $2.0118 $1.9938 Tuvalu - Mobile/Special Services $4.9680 $4.9500 Uganda $0.3967 $0.3787 Uganda - Mobile/Special Services $0.4464 $0.4284 Ukraine $0.2462 $0.2282 Ukraine - Mobile/Special Services $0.3600 $0.3420 United Arab Emirates $0.4342 $0.4098 United Arab Emirates - Mobile/Special Services $0.5850 $0.5670 United Kingdom $0.0518 $0.0338 United Kingdom - Mobile/Special Services $0.3600 $0.3420 Uruguay $0.3240 $0.3060 Uruguay - Mobile/Special Services $0.3600 $0.3420 Uzbekistan $0.2531 $0.2351 Vanatu - Mobile/Special Services $2.1389 $2.1209 Vanatu, Republic of $1.3702 $1.3522 Venezuela $0.1984 $0.1804 Venezuela - Mobile/Special Services $0.3454 $0.3274 CENTURYLINK LOYAL ADVANTAGETM AGREEMENT INTERNATIONAL VOICE SERVICE EXHIBIT OMR #N55756 (QLAGESZ) Page 22 © CenturyLink, Inc. All Rights Reserved. FOR INFORMATIONAL PURPOSES ONLY v1.081111 Vietnam $0.4500 $0.4320 Vietnam - Mobile/Special Services $0.5400 $0.5220 Wallis & Futuna Islands $2.2680 $2.2500 Western Samoa $0.5718 $0.5538 Yemen Arab Republic $0.5054 $0.4874 Yemen Arab Republic - Mobile/Special Services $0.5882 $0.5702 Yugoslavia - Mobile/Special Services $0.3960 $0.3780 Yugoslavia (incl. Serbia) $0.3488 $0.3308 Zaire, Republic of $0.5718 $0.5538 Zaire, Republic of - Mobile/Special Services $0.6882 $0.6702 Zambia $0.3967 $0.3787 Zambia - Mobile/Special Services $0.4464 $0.4284 Zimbabwe $0.3240 $0.3060 Zimbabwe- Mobile/Special Services $0.4565 $0.4385 worldcard Switched Origination to Switched Termination Rate Schedule. worldcard Usage Switched Origination – Switched Termination Rate Per Minute Per Call Surcharge US to Canada Per above table $0.2500 US to International (including Mexico) Per above table $0.5000 ITFS/UIFN. In certain countries, the following applications are not permitted for ITFS/UIFN: calling card, VRU (Voice Response Unit), operator services, third-country termination, dial tone, dial up access, dead air or any other response the individual carrier deems inappropriate to ITFS. Originating carriers treat all carriers equally regarding these restrictions. Restrictions on usage are imposed on all other carriers, including CenturyLink, by the originating carriers. ITFS service orders violating the restrictive guidelines of the originating carrier will not be processed by CenturyLink's ITFS/UIFN implementation group. Toll-free originating carriers finding usage in violation of their guidelines can, and will, block toll-free numbers on the originating side of the call without notice or appeal. Carriers may change their restrictions to be more restrictive without notice to CenturyLink. Information regarding which country has this type of limitation is located in the "ITFS/UIFN Availability Matrix." CenturyLink is able to supply a copy of the ITFS/UIFN Availability Matrix upon request. ITFS/UIFN MRC Per Number NRC Per Number ITFS $10.00 N/A UIFN $10.00 $160.00 UIFN is a service which allocates 1 toll free number to be used in multiple foreign countries to call the United States and bill to the number in the United States. Countries which are currently available for UIFN are indicated in the table below. There is an NRC and an MRC, which are applicable per number, regardless of the number of countries in which the number is active. The per minute rates using the UIFN number are the same as the ITFS rates listed in the table below. The UIFN nonrecurring charge and monthly rate applies to any CenturyLink product where the customer subscribes to UIFN(s). Country of Origination UIFN Availability Switched Origination - Switched Termination Rate Per Minute Switched Origination - Dedicated Termination Rate Per Minute Anguilla $1.0260 $1.0080 Antigua $0.5292 $0.5112 Argentina YES $0.8730 $0.8550 Australia YES $0.1530 $0.1350 Bahamas $0.2430 $0.2250 Bahrain $0.5148 $0.4968 Barbados $0.3330 $0.3150 Belgium YES $0.1080 $0.0900 Bermuda $0.4212 $0.4032 Brazil YES $0.4644 $0.4464 British Virgin Islands $1.0260 $1.0080 Canada $0.0630 $0.0450 CENTURYLINK LOYAL ADVANTAGETM AGREEMENT INTERNATIONAL VOICE SERVICE EXHIBIT OMR #N55756 (QLAGESZ) Page 23 © CenturyLink, Inc. All Rights Reserved. FOR INFORMATIONAL PURPOSES ONLY v1.081111 Cayman Islands $0.2192 $0.2012 Chile $0.3708 $0.3528 China YES $0.7740 $0.7560 Colombia $0.4212 $0.4032 Costa Rica $0.9828 $0.9648 Cyprus $0.1662 $0.1482 Denmark YES $0.1260 $0.1080 Dominica $0.6703 $0.6523 Dominican Republic $0.1350 $0.1170 Fiji $0.8190 $0.8010 Finland YES $0.2430 $0.2250 France YES $0.0810 $0.0630 Germany YES $0.0810 $0.0630 Greece $0.2107 $0.1927 Grenada $0.5710 $0.5530 Guatemala $0.8820 $0.8640 Hong Kong YES $0.3150 $0.2970 Hungary YES $0.5292 $0.5112 India $0.9630 $0.9450 Indonesia $0.7164 $0.6984 Ireland YES $0.0900 $0.0720 Israel YES $0.1530 $0.1350 Italy YES $0.0810 $0.0630 Jamaica $0.2298 $0.2118 Japan YES $0.3150 $0.2970 Korea, South YES $0.9180 $0.9000 Luxembourg YES $0.2844 $0.2664 Macau YES $0.3780 $0.3600 Malaysia YES $0.4860 $0.4680 Mexico (Zone 1) $0.1530 $0.1350 Mexico (Zone 2) $0.1530 $0.1350 Mexico (Zone 3) $0.1530 $0.1350 Mexico (Zone 4) $0.1530 $0.1350 Montserrat $1.0260 $1.0080 Netherlands YES $0.0900 $0.0720 Netherlands Antilles $0.6750 $0.6570 New Zealand YES $0.1530 $0.1350 Norway YES $0.2430 $0.2250 Panama $0.4284 $0.4104 Peru $1.2330 $1.2150 Philippines YES $0.3150 $0.2970 Poland $0.5292 $0.5112 Portugal YES $0.2430 $0.2250 Singapore YES $0.3150 $0.2970 South Africa YES $0.6084 $0.5904 Spain YES $0.2430 $0.2250 St. Kitts $0.5882 $0.5702 St. Lucia $1.3860 $1.3680 St. Vincent/Grenadine $0.7380 $0.7200 Sweden YES $0.2430 $0.2250 Switzerland YES $0.2430 $0.2250 Taiwan YES $0.5220 $0.5040 Thailand YES $0.5652 $0.5472 Trinidad & Tobago $0.5292 $0.5112 CENTURYLINK LOYAL ADVANTAGETM AGREEMENT INTERNATIONAL VOICE SERVICE EXHIBIT OMR #N55756 (QLAGESZ) Page 24 © CenturyLink, Inc. All Rights Reserved. FOR INFORMATIONAL PURPOSES ONLY v1.081111 United Kingdom YES $0.0810 $0.0630 Venezuela $0.6084 $0.5904 Canada Services – To and From Toll Free Services to and from Canada From Canada to United States Switched Origination - Switched Termination $0.063 Switched Origination - Dedicated Termination $0.045 Toll Free Service Terminating in Canada Switched termination service available only United States Switched Origination - Canada Switched Termination $0.063 worldcard Usage Switched Origination – Switched Termination Rate Per Minute Per Call Surcharge Canada to US $0.0720 $0.2500 Canada to International Per US to International rates in Section 5.1 $0.5000 worldcard International Origination to U.S. Termination. Country of Origination Switched Origination – Switched Termination Rate per Minute Per Call Surcharge Antigua (Barbuda) $1.4040 $1.0000 Argentina $1.4040 $1.0000 Australia (Tasmania, Chismas Islands, Cocos Islands) $0.5544 $1.0000 Austria $0.7200 $1.0000 Bahamas $1.1448 $1.0000 Bahrain $2.0250 $1.0000 Barbados $0.8352 $1.0000 Belarus (Vitebsk, Grodno, Brest, Minsk, Moghilev, Gomel) $1.1520 $1.0000 Belgium $0.7200 $1.0000 Bermuda $1.1250 $1.0000 Bolivia $1.8360 $1.0000 Brazil $0.7488 $1.0000 Brunei $2.2536 $1.0000 Bulgaria $1.1520 $1.0000 Chile $1.0440 $1.0000 China $1.2384 $1.0000 Colombia (San Andres Isl.) $0.9720 $1.0000 Cook Island $7.1400 $1.0000 Costa Rica $0.8136 $1.0000 Croatia $1.1520 $1.0000 Cyprus $1.1520 $1.0000 Czech Republic $1.0440 $1.0000 Denmark $0.7200 $1.0000 Dominica $1.3500 $1.0000 Dominican Republic $0.8280 $1.0000 Egypt $1.4040 $1.0000 El Salvador $1.4040 $1.0000 Fiji Islands $2.2536 $1.0000 Finland $0.7200 $1.0000 CENTURYLINK LOYAL ADVANTAGETM AGREEMENT INTERNATIONAL VOICE SERVICE EXHIBIT OMR #N55756 (QLAGESZ) Page 25 © CenturyLink, Inc. All Rights Reserved. FOR INFORMATIONAL PURPOSES ONLY v1.081111 France (Corsica Island) $0.4608 $1.0000 French Guiana $1.1255 $1.0000 Germany $0.4536 $1.0000 Greece $0.9936 $1.0000 Guadeloupe (St Barthelemy, St. Martin French Part, Marie Galante) $1.1255 $1.0000 Hong Kong $0.5904 $1.0000 Hungary $0.7200 $1.0000 Iceland $0.8568 $1.0000 India $2.7000 $1.0000 Indonesia (Do not cover East Timor) $1.3104 $1.0000 Ireland $0.6840 $1.0000 Israel-Bezeq (Not cover Palestinian Territories) $0.9648 $1.0000 Italy (Elba Island, San Marino, Vatican City) $0.6480 $1.0000 Japan $0.5616 $1.0000 Jordan $1.7400 $1.0000 Kenya $2.1600 $1.0000 Korea (South) $1.0368 $1.0000 Lativa $1.4040 $1.0000 Lithuania $1.0440 $1.0000 Luxembourg $0.7200 $1.0000 Macedonia $1.6200 $1.0000 Malaysia (Peninsular Malaysia and East Malaysia) $1.2312 $1.0000 Malta $0.9000 $1.0000 Martinique $1.4040 $1.0000 Mauritius $2.2536 $1.0000 Mexico $0.9288 $1.0000 Monaco $0.7200 $1.0000 Netherlands $0.4392 $1.0000 New Zealand (Chatham Islands) $1.1520 $1.0000 Nicaragua $1.4328 $1.0000 Norway (Jan Mayen, Svalbard Islands) $0.7200 $1.0000 Pakistan $1.2600 $1.0000 Panama $1.4040 $1.0000 Peru $0.8568 $1.0000 Philippines $1.1376 $1.0000 Poland $1.0584 $1.0000 Portugal (Azores, Madeira) $1.1016 $1.0000 Reunion Island (France) $0.9000 $1.0000 Romania $1.3500 $1.0000 Russia $1.1520 $1.0000 Senegal $2.2536 $1.0000 Singapore $1.1520 $1.0000 Slovak Republic $1.1520 $1.0000 Slovenia $0.3396 $1.0000 South Africa $0.9504 $1.0000 Spain (Balearic Island, Canary Islands, Ceuta, Melilla Islands) $0.8784 $1.0000 Sri Lanka $1.8000 $1.0000 St. Kitts & Levis $1.4040 $1.0000 St. Pierre $1.4040 $1.0000 Sweden $0.7200 $1.0000 Switzerland (Do not cover Liechtenstein) $0.7200 $1.0000 Syrian Arab Republic $1.7550 $1.0000 Taiwan $0.5976 $1.0000 Thailand $1.3608 $1.0000 Trinidad & Tabago $1.3500 $1.0000 Ukraine $1.1520 $1.0000 CENTURYLINK LOYAL ADVANTAGETM AGREEMENT INTERNATIONAL VOICE SERVICE EXHIBIT OMR #N55756 (QLAGESZ) Page 26 © CenturyLink, Inc. All Rights Reserved. FOR INFORMATIONAL PURPOSES ONLY v1.081111 United Arab Emirates $0.8400 $1.0000 United Kingdom (England, Scotland, Wales, Nothern Ireland, Isle of Man, Guernsey, Channel Island) $0.3168 $1.0000 Venezuela (Margarita Island) $0.8100 $1.0000 Vietnam $1.7604 $1.0000 worldcard International Origination to International Termination. Country of Origination Switched Origination – Switched Termination Rate per Minute Per Call Surcharge Argentina $1.4774 $1.00 Australia (Tasmania, Christmas Islands, Cocos Islands) $0.7135 $1.00 Austria $0.8864 $1.00 Azores (Portugal) $1.7609 $1.00 Belgium $0.7270 $1.00 Bolivia $2.4001 $1.00 Chile $1.6124 $1.00 China $1.7226 $1.00 Colombia (San Andres Isl.) $1.6832 $1.00 Croatia, Republic of $1.4999 $1.00 Czech Republic $1.1768 $1.00 Denmark $0.5807 $1.00 Dominican Republic $1.0645 $1.00 El Salvador $1.2861 $1.00 Finland $0.6370 $1.00 France (Corsica Island) $0.5245 $1.00 French Guyana $1.4346 $1.00 Germany $0.6721 $1.00 Greece $0.9092 $1.00 Guadeloupe (St Barthelemy, St. Martin French Part, Marie Galante) $1.4346 $1.00 Hong Kong $0.5605 $1.00 Hungary $0.9824 $1.00 Iceland $1.2524 $1.00 Ireland $0.9809 $1.00 Israel-Bezeq (Not cover Palestinian Territories) $0.9998 $1.00 Italy (Elba Island, San Marino, Vatican City) $0.7614 $1.00 Japan $0.9745 $1.00 Korea, South $0.7101 $1.00 Latvia $0.9850 $1.00 Luxembourg $0.8586 $1.00 Macedonia $2.3663 $1.00 Madeira Islands $1.7609 $1.00 Martinique $1.6463 $1.00 Mexico $1.0836 $1.00 Monaco $0.9938 $1.00 Netherlands $0.5234 $1.00 New Zealand (Chatham Islands) $0.6820 $1.00 Norway (Jan Mayen, Svalbard Islands) $0.6280 $1.00 Panama $0.7758 $1.00 Philippines $1.0274 $1.00 Poland $0.9722 $1.00 CENTURYLINK LOYAL ADVANTAGETM AGREEMENT INTERNATIONAL VOICE SERVICE EXHIBIT OMR #N55756 (QLAGESZ) Page 27 © CenturyLink, Inc. All Rights Reserved. FOR INFORMATIONAL PURPOSES ONLY v1.081111 Portugal (Azores, Madeira) $1.7609 $1.00 Reunion Island $1.4346 $1.00 Russia $1.6124 $1.00 San Marino $0.7614 $1.00 Singapore $0.5189 $1.00 Slovak Republic $1.6911 $1.00 South Africa $1.3446 $1.00 Spain (Balearic Island, Canary Islands, Ceuta, Melilla Islands) $0.7742 $1.00 St. Pierre & Miquelon $1.4346 $1.00 Sweden $0.5796 $1.00 Switzerland (Do not cover Liechtenstein) $0.4289 $1.00 Ukraine $2.0061 $1.00 United Kingdom (England, Scotland, Wales, Northern Ireland, Isle of Man, Guernsey, Channel Island) $0.6314 $1.00 Vatican City $0.7614 $1.00 CENTURYLINK LOYAL ADVANTAGETM AGREEMENT ISDN PRS, DSS ADVANCED OR UAS SERVICE EXHIBIT INDIVIDUAL CASE BASIS OMR #N55756 (QLAGESZ) Page 28 © CenturyLink, Inc. All Rights Reserved. CONFIDENTIAL v1.081111 1. General; Definitions. In order to qualify for the pricing in the Pricing Attachment under this individual case basis service exhibit (“Service Exhibit”), Customer must order the total circuits indicated on the Pricing Attachment for each state, for CenturyLink QC Integrated Services Digital Network Primary Rate Service (“ISDN PRS”), or Digital Switched Service (“DSS”) with “Advanced” or “Basic” trunks, or Uniform Access Solution Service (“UAS”) (individually and collectively referre d to as the “Service”). The Minimum Circuits must be installed within 30 days of the Effective Date (“Ramp Period”), unless an installation delay is caused by CenturyLink, and must remain installed during the Term of this Agreement.. The circuits may be aggregated across CenturyLink’s local serving areas in Arizona, Colorado, Idaho, Iowa, Minnesota, Montana, Nebraska, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washingto n and Wyoming. CenturyLink will provide Service under the terms of the Agreement, Tariff, and this Service Exhibit. CenturyLink may be required to submit this Service Exhibit and any subsequent addenda for the Service to certain regulatory agencies for approva l because the rates and some terms in this Service Exhibit are being o ffered on an individual case basis (“ICB”). The service specific rates, and the terms and conditions in the Termination Section of this Service Exhibit (“ICB Terms”) require filing with or approval by regulatory agencies. Although the general terms and c onditions of this Service Exhibit are effective on the Effective Date, the ICB Terms will not become effective for a given jurisdiction until the filing and approval requirements for that jurisdiction are fulfilled. Th e Service will be offered in accordance with the applicable Tariff until the ICB Terms become effective. If Customer receives reduced pricing under this Service Exhibit and a regulatory agency later invalidates the ICB Terms after they had become effective, Customer will pay to CenturyLink any difference in the amounts listed in the applicable Tariff for the Service and the amounts Customer was charged for the Service. When approved by the regulatory agencies, Customer may add additional quantities of Services pursuant to the Servic e Changes Section under the same terms and conditions with no further filing required. In the event a regulatory agency does not approve this Service Exhibit, the parties will enter into good faith negotiations to mutually resolve the failure to receive the necessary approval. This Service Exhibit will remain in full force and effect for the Service in all other jurisdictions. Other than the ICB Terms in this Service Exhibit, the Service will be governed by: (i) the Tariff applicable to the Service; and (ii) to the extent a comparable Tariff term or condition does not apply to the Service, the terms and conditions set forth in this Service Agreement. Capitalized t erms not defined herein are defined in the Agreement. “Minimum Circuits” means the total circuits initially ordered for all states, as shown on each state’s Pricing Attachment. “Minimum Service Period” means 12 months from the Start of Service date. “Pricing Attachment” means the document containing Rates, Service Term and other location -specific information, which is incorporated by reference and made a part of this Service Exhibit. “Rates” means the MRCs and NRCs for the Service. “Service Term” means the term length for Service on the Pricing Attachment(s), which will commence on the Start of S ervice date for the first Service added on the Pricing Attachment. “Start of Service” means the effective bill date of the service order to add Service to Customer’s account, as evidenced by CenturyLink records. 2. Service. Service is subject to Tech Pub 77400. 2.1 Service Description. (a) ISDN PRS. If Customer purchases ISDN PRS, CenturyLink will provide digital intraLATA, intrastate, switched local exchange telecommunications service utilizing ISDN PRS technology that transports and distributes voice, data, image, and facsimile communications separately or simultaneously over the public, switched, local exchange network. An ISDN PRS circuit includes a DS1 facility, an ISDN PRS service configuration, and trunks. ISDN PRS operates at 1.544 megabits per second (Mbps). ISDN PRS may be configured as 23 B channels and one D channel, 24 B channels only (24B), or 23 B channels and one back -up D channel (23B+BUD). Each B channel transmits voice or data at 64 kilobits per second (Kbps). The D channel carries signaling information at 64 Kbps. (b) ISDN PRS-UAS. If Customer purchases ISDN PRS, Customer may also select Uniform Access Solution service as an optional feature as that service is defined in the Tariff under Primary Rate Service. An ISDN PRS -UAS circuit provides digital service with single-number route indexing, which includes a DS1 facility with common equipment, and a network connection which provides for local exchange, toll network access. Each DS1 facility utilizes channels configured as: (i ) in-only trunking; or (ii) two-way trunking. (c) DSS. If Customer purchases DSS, CenturyLink will provide Customer with a circuit that includes a digital DS1 facility, common equipment to interconnect with CenturyLink’s local exchange switching office and Advanced or Basic flat-usage trunks and DID trunk termination for access to the local exchange and toll networks. DSS Advanced and Basic operates at a maximum speed of 1.544 Mbps. (d) UAS. If Customer purchases UAS, CenturyLink will provide Customer with a digital circuit with single-number route indexing, which includes a DS1 facility with common equipment, and a network connection which provides for local exchange, toll network access. Each DS1 facility utilizes channels configured as: (i) in-only trunking; or (ii) two-way trunking. 2.2 Information Service Providers. Customer represents and warrants that it (check one box): IS NOT a provider of “information service,” as that term is defined in 47 U.S.C. §153 (20). CENTURYLINK LOYAL ADVANTAGETM AGREEMENT ISDN PRS, DSS ADVANCED OR UAS SERVICE EXHIBIT INDIVIDUAL CASE BASIS OMR #N55756 (QLAGESZ) Page 29 © CenturyLink, Inc. All Rights Reserved. CONFIDENTIAL v1.081111 IS a provider of “information service,” as that term is defined in 47 U.S.C. §153 (20), and that ISDN PRS under this Service Exhibit WILL NOT be used to provide information service to its Subscribers, including termination or origination of Voice over Internet Protocol (“VoIP”). “Subscribers” means any entity to which Customer provides information service. If at any time during the Exhibit Term of this Service Exhibit this representation and warranty is no longer accurate, Customer agrees to notify CenturyLink and execute an amendment to add the ISP Certification Addendum. IS a provider of “information service”, as that term is defined in 47 U.S.C. §153 (20), and that ISDN PRS under this Agreemen t WILL be used to provide information service to its Subscribers, including but not limited to termination or origination of Voice over Internet Protocol (“VoIP”) and therefore agrees to the additional terms and conditions set forth in the ISP Certification Addendum attached hereto and incorporated herein by reference. “Subscribers” means any entity to which Customer provides information service. 2.3 Service Provided. (a) CenturyLink will provide and maintain the Service at the locations specified in the Pricing Attachment(s), and as requested on any subsequent order for Service or amendment to this Agreement. (b) CenturyLink will notify Customer of the date Service is available for use. In the event Customer informs CenturyLink that it is unable or unwilling to accept Service at such time, the subject Service will be held available for Customer for a period not to exceed 30 business days from such date (“Grace Period”). If after the Grace Period, Customer still has not accepted Service, CenturyLink may either: (i) commence with regular monthly billing for the subject Service; or (ii) cancel the subject Service. If Customer cancels an order for Service prior to the date Service is available for use, or is unable to accept Service during the Grace Period and CenturyLink cancels the Service at the end of the Grace Period, the Tariff cancellation charges may apply. 2.4. Customer Responsibilities for 911 Call Routing. (a) Customer understands and acknowledges that the PBX’s main number Automatic Number Identification (ANI) may be forwarded to a Public Safety Answering Point (“PSAP”) during a 911 call. DID digits assigned to a PBX station may not be used for 911 calls unless an Automatic Location Identification (ALI) record has been created for the DID number. (b) Customer's PBX must be capable of recognizing "911" or "9911" digits as a complete dialing sequence, and routing those calls as an outbound local call. (c) Customer hereby agrees to release CenturyLink from any liability if an incorrect telephone number is forwarded to a PSAP as a result of PBX or ISDN PRS signaling parameters set by Customer. 2.5 Service Changes. (a) Moves. Customer may move the physical location of all or part of a Service to another location within a CenturyLink serving area, provided the following conditions are met: (i) Service moved to the new location is provided to Customer by CenturyLink; (ii) Customer advises CenturyLink that Service at the new location replaces the existing Service; (iii) Customer’s request for disconnection of the existing Service and installation of the Service at the new location are received by CenturyLink on the same date; (iv) Customer requests that CenturyLink install the Service at the new location on or prior to the disconnection date of the existing Service; and (v) Customer agrees to pay all applicable rate and charges for the requested move and Service at the new location. (b) Additions to Service. Service may be added under a pricing Attachment up to 12 months prior to the expiration date its Service Term, at the MRCs specified therein. CenturyLink will supply such additions to Customer, subject to the following conditions: (i) the necessary facilities are available as determined by CenturyLink to provide the Service; and (ii) a new Minimum Service Period is established for each new addition to Service. If the Service being added is not itemized in the Pricing Attachment, Customer agrees to execute a written amendment evidencing such addition to Service. (c) Additions During Last 12 Months of Term. Service ordered during the last 12 months of the Term must be added (a) pursuant to a new agreement that may include the existing Service; or (b) on a month-to-month basis at the rates in effect in the Tariff. 2.6 Out-of-Service Credit. If CenturyLink causes a Service interruption, an out-of-service credit will be calculated under the state local exchange Tariff. If there is no applicable Tariff and the interruption lasts for more than 24 consecutive hours after CenturyLink receives notice of it, CenturyLink will give Customer a credit calculated by dividing the MRC for the affected Service by 30 days and multiplying that daily rate by the number of days that Service was interrupted. 2.7 Use of Service. Customer represents and warrants that it will use ISDN PRS and its optional features for communication purposes only. If CenturyLink determines that ISDN PRS or any optional feature is being used inappropriately, CenturyLink may disconnect the ISDN PRS service or feature without notice in accordance with any applicable termination provision of the Tariff, and the Termination Charges specified in the Termination section below may apply. 3. Exhibit/Service Term; Termination. 3.1 Exhibit/Service Term. This Service Exhibit will begin on the Effective Date of the Agreement (or a n amendment to the Agreement if Customer adds this Service Exhibit after the Effective Date of the Agreement) and will continue until the expira tion or cancellation of the last to expire (or cancel) Service (“Exhibit Term”). The Service Term for each Serv ice will be indicated on a Pricing CENTURYLINK LOYAL ADVANTAGETM AGREEMENT ISDN PRS, DSS ADVANCED OR UAS SERVICE EXHIBIT INDIVIDUAL CASE BASIS OMR #N55756 (QLAGESZ) Page 30 © CenturyLink, Inc. All Rights Reserved. CONFIDENTIAL v1.081111 Attachment. Each Service ordered will have its own Minimum Service Period. Any Service installed for 12 consecutive months prior to being added under a Pricing Attachment will be deemed to have met the Minimum Service P eriod. At the conclusion of the Service Term, the MRC will revert to the month -to-month rate in the Tariff, unless Service is renewed for a new Service Term on a Pricing Attachment or new agreement. 3.2 Termination. (a) Either party may terminate this Service Exhibit in accordance with the applicable Tariff or for Cause. Customer may disconnect the number of “Permitted Disconnects” indicated on the Pricing Attachment, if any, without incurring a Termination Charge; provided that such Service has satisfied the requirements of the Minimum Service Period before any termination may be effective. If, prior to the conclusion of the Service Term, Service is terminated in excess of the Permitted Disconnects, either by CenturyLink for Cause or by Customer for any reason other than Cause, then Customer will also be liable for 100% of the MRC for terminated Service in excess of the Permitted Disconnects times the number of months (or fraction thereof) remaining (if any) in the Minimum Service Period, and 50% of the MRC times the number of months (or fraction thereof) remaining in the Service Term after the Minimum Service Period (“Termination Charge”). If no Permitted Disconnects are indicated on the Pricing Attachment, Customer will pay the Termination Charge for each circuit terminated, either by CenturyLink for Cause or by Customer for any reason other than Cause, prior to the Service Term. (b) A Termination Charge will be waived when all of the following conditions are met: (i) Customer discontinues Service an d signs a new service agreement(s) for any other CenturyLink provided service(s); (ii) the new service agreement(s) have a total value equal to or greater than 115% of the remaining prorated value of the existing agreement(s) (excluding any special constru ction charges, applicable nonrecurring charges, or previously billed but unpaid recurring and nonrecurring charges); (iii) Customer places the orders t o discontinue the Service and establish new service at the same time (within 30 calendar days of each oth er if service is in New Mexico); (iv) the new service(s) installation must be completed within 30 calendar days of disconnection of the Service, unless such i nstallation delay is caused by CenturyLink; and (v) a new minimum service period, if applicable, g oes into effect when the new service agreement term begins. The waiver does not apply to changes between regulated and unregulated or enhanced products and services. 3. Charges. 4.1 Charges for the Service are as set forth in the Pricing Attachment. Customer will pay the total MRC and NRC for the Service specified in the Pricing Attachment. For Service requested on any subsequent orders or amendments to this Agreement, Customer will also pay the total MRC and NRC specified on the subsequent orders or amendments. The MRC for the Service is based on the then current Service Term set forth in the Pricing Attachment and will not change during the Service Term provided that the Minimum Circuits are installed by the end of the Ramp Period and the total circuits do not drop below the Minimum Circuits threshold. If due to Customer’s request, actions or failure to act, the Minimum Circuits are not installed by the end of the Ramp Period or drop below the Minimum Circuits threshold, CenturyLink may adjust the pricing and Permitted Disconnects defined herein based on the actual number of circuits installed. Such adjusted pricing will be effective immediately following the rate adjustment. The MRCs will be used to calculate Contributory Charges. Customer will not be eligible for any discounts or promotions other than those specifically set forth herein. Such promotions will not be effective unless the applicable promotion term sheet is appended to this Service Exhibit. 4.2 If the MRCs herein are based upon Customer’s intent to transition DS1 facilities to contracted DS3 or higher facilities ("Higher Facility") when available as indicated in a Pricing Attachment, Customer will have ten business days from the date the contracted Higher Facility is installed to migrate the Service contained herein to the contracted Higher Facility. In the event Customer’s Service is not migrated, a pricing adjustment will be made to all DS1 facilities in service. The adjustment will be retroactive to the original installation date, as evidenced by CenturyLink records, and will be the difference between the rates provided herein based on the facilities riding a Higher Facility and the applicable rates for facilities not riding a Higher Facility. 4.3 If Service is not available in Customer’s wire center, standard interoffice private line mileage charges (“Mileage MRC” and “Mileage NRC”) for transport between switches will apply in addition to the rates and charges for the Service. ATTENTION: FINAL EXECUTED AGREEMENT, THIS SERVICE EXHIBIT AND THE PRICING ATTACHMENT MUST BE FORWARDED TO THE APPROPRIATE STATE REGULATORY FILING MANAGER. CENTURYLINK LOYAL ADVANTAGETM AGREEMENT ISDN PRS, DSS ADVANCED OR UAS SERVICE EXHIBIT INDIVIDUAL CASE BASIS OMR #N55756 (QLAGESZ) Page 31 © CenturyLink, Inc. All Rights Reserved. CONFIDENTIAL v1.080811 FOR THE STATE OF WASHINGTON PRICING ATTACHMENT CITY OF BREMERTON Customer Service Term: 24 Months AQCB Contract Number: Type of Service USOC & MRC/line for 24 month Term NRC PRS Voice/Data DS1 $365.00 $0.00 Service Location (including City & State Circuit ID or BTN Type of Service Higher Facility (Yes or No) Qty. Total MRC per Location 1025 Burwell Bremerton, WA PRS Voice/Data DS1 (USOC: ) No 1 $350.00 345 6th Street, Bremerton, WA 98337 PRS Voice/Data DS1 (USOC: ) No 1 $350.00 7261 Belfair Valley Rd. , WA PRS Voice/Data DS1 (USOC: ) No 1 $350.00 Total Circuits 3 Permitted Disconnects 0 Total MRC $1,050.00 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Update on Proposed Fire Code Adoption Study Session Date: 4-24-13 COUNCIL MEETING Date: Department: Fire Presenter: Al Duke, Mike Six Phone: 473-5380 SUMMARY: FOR INFO ONLY -Preliminary update on Fire Codes to be adopted by June 31, 2013. ATTACHMENTS: 2012 International Fire Code – Summary of Changes Chapter 18.02 with Proposed Changes FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: INFO ONLY at this time COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/25/13 2012 International Fire Code City of Bremerton Code Adoption Summary of Changes Revision BMC 18.02 Chapter 1-Administration (minor changes to references and verbiage) Chapter 2-Definitions Addition of the Definition of “Fire Code Official” Chapter 3-General Requirements No Changes Chapter 4-Emergency Planning and Preparedness WAC revised, No COB changes Chapter 5-Fire Service Features From: In the event the number of R division 3 or U occupancies exceeds two, the maximum number allowed off a driveway/private road will be 9 if a residential fire sprinkler system is installed in each new structure. 503.7 A Fire Sprinkler System shall be installed in all occupancies accessed from residential driveways, private roads or that otherwise do not meet the minimum fire access or fire flow or other fire code requirements. (various reference changes) Added language: or other approved fire protection system Added language: and City of Bremerton Public Works Sec. 507.8 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 combustible construction shall be permitted until all hydrants and mains required by this section are in place and approved. (deleted section 901.6.1 better covered by new standard code language) Chapter 6-Building Services and Systems (adoption of Section 6.11: Solar photovoltaic Power Systems) New section not adopted by the State. Chapter 7-Fire Resistance Rated Construction (no changes) Chapter 8-Interior Finish, Decorative Materials and Furnishings (no changes) Chapter 9-Fire Protection Systems Sec. 903.2 Where required. Approved fire sprinkler systems shall be installed throughout as follows: 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, by an approved route, within 3 days of the date the inspection, test, or maintenance occurred. Sec 903.2.2 Group B ambulatory health care facilities. An automatic fire sprinkler system shall be installed throughout all buildings containing a Group B occupancy used for ambulatory health care facilities. The determination of an ambulatory health care facility will be determined by the Fire Code Official as it relates to fire protection systems. Sec. 903.2.8 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, including one and two family dwellings and mobile homes Sec. 903.3.1.1.1 Exempt locations. When approved by the Fire Code Official automatic sprinklers may not be required in the following rooms or areas where such rooms or areas are protected with an approved automatic fire detection system in accordance with Section 907.2 that will respond to visible or invisible particles of combustion. Sprinklers shall not be omitted from any room merely because it is damp, of fire-resistance rated construction or contains electrical equipment (relocate) Sec. 903.4.2 Alarms - Exterior notification. Approved audible alarm devices shall be connected to every automatic sprinkler system. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Alarm devices shall be water-motor gong or approved electric bell which operates with water flow and shall be provided on the exterior of the building in an approved location at each riser or riser group. Sec. 903.4.3 Floor control valves. Approved supervised indicating control valves shall be provided at the point of connection to the riser on each floor on buildings/structures 4 or more stories in height or 30 feet measured to the floor level Sec. 907.1.2 Fire Alarm Shop Drawings. 14. A Bremerton Fire department submittal checklist. 15. A copy of the device/zone map. 16. Fire alarm systems which contain 25 or more SLC/NAC devices combined, shall be submitted on no less than 11x17 sized drawings and to an approved scale with a digital copy of the design in PDF format. (Discussion Point) Revert back to current code for most fire alarm provision, even remove them… Chapter 10-Egress (no changes) Chapter 14- Fire Safety During Construction and Demolition (IFC relocated to chapter 33, no COB changes) Chapter 22-Motor Fuel Dispensing Facilities and Repair Garages (IFC relocated to chapter 23, no COB changes) Chapter 27-Hazardous Materials-General Provisions (IFC relocated to chapter 50, deleted one section covered by standard IFC language) Chapter 45-Marinas (Better covered by current IFC/NFPA code language, COB language deleted) Discussion on R-1 Ordinance Chapter 18.02 City Fire Code Sections: 18.02.010 PURPOSE. 18.02.020 FIRE CODE - ADOPTED. 18.02.030 CODE CONFLICTS. 18.02.040 AMENDMENTS TO THE IFC - ADMINISTRATION. 18.02.050 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 311, VACANT PREMISES. 18.02.055 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 4, EMERGENCY PREPAREDNESS. 18.02.060 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 5, FIRE SERVICE FEATURES. 18.02.070 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 901, GENERAL. 18.02.080 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 903, AUTOMATIC SPRINKLER SYSTEMS. 18.02.090 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 907, FIRE ALARM AND DETECTION SYSTEMS. 18.02.095 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 913, FIRE PUMPS. 18.02.100 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 14, FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION. 18.02.110 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 22, MOTOR FUEL-DISPENSING FACILITIES AND REPAIR GARAGES. 18.02.120 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 27, HAZARDOUS MATERIALS - GENERAL PROVISIONS. 18.02.130 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 45, MARINAS. 18.02.140 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - APPENDIX D, FIRE APPARATUS ACCESS ROADS. 18.02.150 FIRE CODES - FEES. 18.02.160 CITY OF BREMERTON FALSE ALARM CODE. 18.02.170 AUTOMATIC SPRINKLER SYSTEMS - BUILDINGS CONTAINING TWO OR LESS DWELLING UNITS. 18.02.175 SPECIFIC VIOLATIONS - FINES. 18.02.180 VIOLATION - PENALTY. 18.02.190 APPEALS. 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 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 or occupancy of buildings or premises. It is understood the fire code and its referenced documents are to provide a framework for the fire and life safety requirements to protect the citizens and emergency responders from the predictable situations the codes regulate. Therefore under no circumstance shall any space, occupancy or other location be allowed to be occupied or otherwise utilized, whether temporarily or permanently, without the Fire Code Official’s written authorization. (Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004) 18.02.020 FIRE CODE - ADOPTED. In accordance with Chapter 19.27 RCW, the International Fire Code, 2009 2012Edition, published by the International Code Council, Inc., together with any additions, deletions, and exceptions currently enacted or as may be amended from time to time by t he State of Washington through its Building Code Council pursuant to Chapter 51-54 of the Washington Administrative Code ("WAC"), and International Fire Code, 2009 2012 Edition, Appendices B, C, D, H, and Iand J, and as further amended in this chapter, is hereby adopted and incorporated by this reference. One (1) copy of the International Fire Code is on file with the City’s Fire Code Official. (Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004) 18.02.030 CODE CONFLICTS. To the extent allowed by RCW 19.27.040, if a conflict exists between the provisions of the International Fire Code adopted and amended by the Washington State Building Code Council and the provisions of this chapter, the Bremerton Municipal Code provisions shall govern. (Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004) 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, smoke and heat vents, draft curtains, smoke control, fire sprinkler and fire alarm systems, including temporary provisions and without limitation such as fire watch, fire department standby, blocking of roads and additional fire safety inspections. (b) General Authority and Responsibilities - Lot Lines and Setback Lines. Section 104 of the International Fire Code, entitled "General Authority and Responsibilities," is amended by adding the following new Subsection 104.12: Sec. 104.12 Lot lines and setback lines. Notwithstanding the authority of the fire code official to administer and enforce the fire code, the fire code official shall have no duty to verify or establish lot lines or setback lines. No such duty is created by this code and none shall be implied. (c) Permits - Fees. Section 105 of the International Fire Code, entitled "Permits," is amended by adding the following new Subsection 105.1.4: Sec. 105.1.4 Fees. The fire code official shall prepare a resolution establishing a schedule of fees, if any, for council consideration, which fees shall include the cost involved in the processing, issuance, and renewal of permits and certificates. Any fee schedule adopted by resolution shall govern the fee amount to be assessed for any permit or certificate and the fire code official shall collect those fees as a condition to issuance or renewal of any permit or certificate. Failure to pay for either an original permit or the required renewal within 30 days of the date notice is given, shall result in the City’s termination of the permit or certificate application. (d) Permits - Term. Section 105 of the International Fire Code, entitled "Permits," is amended by adding the following new Subsections 105.1.4 and 105.3.6.1: Sec. 105.1.45 Term. Permits and certificates issued in accordance with this code shall be valid for a 126 month period and are renewable at the end of that 126 month term. Sec. 105.3.6.1 Unsafe Situations: Actions taken outside of the guidelines contained within any permit required by section 105 of the IFC shall be deemed unsafe and shall entitle the fire code official to immediately have all utilities including but not limited to: electricity, water, sewer and gas shut off or otherwise disconnected from the site. Utilities shall not be restored without the conditions of all required permit(s) resolved. (e) Board of Appeals. Section 108 of the International Fire Code, entitled "Board of appeals," is amended by substituting Section 108 with the following: Sec. 108 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the fire code official relative to the suitability of alternate materials, designs, and methods of construction and appeals of the reasonable application and interpretation of the building and fire codes. Appeals shall be made as set forth in section 18.02.190 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 any 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 or contrast to 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 18.02.180 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 general definitions: APWA is the American Public Works Association. AWWA is the American Water Works Association. Fire Code Official: The City of Bremerton Fire Marshal shall be the formal administrator of the City Fire Code and all of its adopted codes and references. OCCUPANCY CLASSIFICATION RESIDENTIAL GROUP R.: R-1/R-2 R-2 shall also include Townhomes/Rowhouses. PRIVATE 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 building or buildings in question will have more than 50% of the gross square footage of fire area structurally remodeled, improved and/or otherwise reconditioned or, two or more major building systems improved or otherwise reconditioned within any 60 month time period. Major building systems include but are not limited to: Water, Sewer, Storm, or other plumbing, Electrical, HVAC, Foundation, Structural members. Exceptions. Maintenance, energy conservation and cosmetic improvements which do not require a permit of any kind are not considered structural remodels. (Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004) 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 Protection," 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). (Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004) 18.02.055 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 4, EMERGENCY PREPAREDNESS. The following local amendments to Chapter 4 of the International Fire Code, entitled "Emergency Planning and Preparedness," are hereby adopted: Sec. 401.9 Hardwired Telephones. All occupancies with hardwired telephones, new and existing, when 911 is dialed shall correctly report the address of the actual location dialed from. (Ord. 5112 §1 (part), 2010) 18.02.060 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 5, FIRE SERVICE FEATURES. The following local amendments to Chapter 5 of the International Fire Code, entitled "Fire Service Features," are adopted and incorporated into the International Fire Code: (a) Fire Service Features - Fire Apparatus Access Roads. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is hereby adopted. (b) Fire Apparatus Access Roads - Dimensions. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is amended by substituting Subsection 503.2.1 with the following: Sec. 503.2.1 Dimensions. The following minimum dimensions shall apply for fire apparatus access roads: 1. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), except for approved security gates in accordance with section 503.6 and Appendix D 103.5, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). 2. In the immediate vicinity of any building or portion thereof in excess of 28 feet in height, the fire apparatus access 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). 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 International Fire Code, entitled "Fire Apparatus Access Roads," is amended by substituting Subsection 503.2.6 with the following: Sec. 503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road or likely to be used during emergency operations, including EMS, 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: Sec. 503.3 Marking. Fire apparatus access roads shall be marked whenever necessary to maintain the unobstructed minimum required width of roadways. Subject to the fire code official’s prior written approval, marked fire apparatus access roads, or "fire lanes" as defined in section 502.1 of the code, may be established or relocated at the time of plan review, pre-construction site inspection, and/or post construction site inspection as well as any time during the life of the occupancy. Only those fire apparatus access roads established by the fire code official can utilize red marking paint and the term "fire lane." Once a fire lane is established it shall be maintained in a clean and legible condition at all times or repair/replaced to maintain visibility. Fire lanes shall be marked as directed by the fire code official with one or more of the following types of marking: 503.3.1 Type 1. The following shall apply to Type 1 marking: 1. Curbs shall be identified by red traffic paint with a 6 inch wide stripe on the top and front, extending the length of the designated fire lane. 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: 1. Where directed by the fire code official, specific areas shall be designated and those areas are to be marked with diagonal striping across the width of the fire lane. Diagonal marking shall be used in conjunction with painted curbs and/or edge striping and shall run at an angle of 30 to 60 degrees from one side to the other. These diagonal lines shall be in red traffic paint, parallel with each other, at least 6 inches in width, and 24 inches apart. Lettering shall occur as with Type 1 marking. 503.3.4 Street or Road Signs. Street or road signs 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 posted within 30 days after receiving approval from the City of Bremerton Engineering Department. 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 driveway/private road will be 9 if a residential fire sprinkler system is installed in each new structure. A Fire Sprinkler System shall be installed in all occupancies accessed from residential driveways, private roads or that otherwise do not meet the minimum fire access or fire flow or other fire code requirements. (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. The provisions of this subsection shall apply if the building or buildings in question will have more than 50% of the gross square footage of the fire area structurally remodeled, improved or otherwise reconditioned and/or two or more major building systems improved or otherwise reconditioned within any 60 month time period. Major building systems include but are not limited to: water, sewer, storm, or other plumbing, electrical, HVAC, foundation, and structural members. Exceptions: 1. Group U occupancies. 2. Maintenance, energy conservation and cosmetic improvements which do not require a permit of any kind are not considered structural remodels. (g) Premises Identification. Section 505 of the International Fire Code, entitled "Premises 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 12" and contrast with the background. Individual unit/suite or space numbers or letter shall be 6" in size and contrasting with the background and visible from the approach side or angle. Housing developments which contain 100 or more dwelling units which alley ways are or may be used for access to dwelling units shall have 4" minimum house numbers including street designation included. The street designation may be a smaller size, but no less than 2" in size. Example: (h) Fire Protection Water Supplies - Existing Non-conforming Hydrants. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended to add a new Subsection 507.1.1 as follows: Sec. 507.1.15.7 Existing non-conforming hydrants. At such time as an existing hydrant, which does not conform to the requirements and standards of this section, is replaced, it shall be replaced with a hydrant that does conform to the standards and requirements of this section. (i) Fire Protection Water Supplies - Where Required. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by substituting Subsection 507.5.1 with the following: Sec. 507.5.1 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 f eet (183 m). 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, or other approved fire protection system the distance requirement shall be 600 feet (183 m). (j) Fire Protection Water Supplies - Installation Requirements. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by substituting Subsection 507.5.7 with the following: Sec. 507.5.78 Installation requirements. All fire hydrants shall be installed in accordance with the specifications established by the fire code official and City of Bremerton Public Works, or his or her designee, or at a minimum, in accordance with the currently adopted NFPA, APWA, or AWWA standards. In addition, unless modified by written decision of the fire code official, the following requirements shall apply to all building construction projects: 1. All fire hydrant piping, valves, and related appurtenances shall be approved by the City’s public works department. 2. The fire hydrant installation and its attendant water system connection shall conform to the City’s specifications and design and construction standards. 3. An auxiliary gate valve shall be installed at the main line tee to permit the repair and replacement of the hydrant without disruption of water service. 4. All hydrants shall be plumb, plus or minus 3 degrees, to be set to finished grade with the bottom flange 2 inches above the ground or curb grade and have no less than 36 inches in diameter of clear area around the hydrant for the clearance of hydrant wrenches on both outlets and the operating nut. 5. The largest port shall face the most likely direction of approach and location of the fire apparatus while pumping as determined by the fire code official. Distance from the pumper port to the street curb shall be no further than 10 feet. 6. The lead from the service main to the hydrant shall be no less than 6 inches in diameter. Any hydrant leads over 50 feet in length from the water main to hydrant shall be no less than 8 inches in diameter. 7. 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, "O" ring stem seal, two 2-1/2 inch national standard thread hose ports, one 4-1/2 inch steamer port with national standard threads or otherwise determined by the fire code official. In addition, all hydrants shall meet AWWA standards for public hydrants and be of a type approved for use in the City by the City’s public works department. In addition, all hydrants shall be equipped with a 5 inch Storz adapter on the steamer port and, when required by the fire code official, 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 a ny 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 water connection system will be available for use. 14. All hydrants shall meet City of Bremerton Hydrant Identification standards as established by the fire code official. (k) Fire Protection Water Supplies - Notification. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by adding a new Subsection 507.6 as follows: Sec. 507.6 Notification. The owner of property on which private hydrants are located and the public agencies that own or control public hydrants must provide the fire code official with the following written service notifications: Sec. 507.6.1 In-service notification. The fire code official shall be notified when any newly installed hydrant or main is placed into service. Sec. 507.6.2 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. (l) Fire Protection Water Supplies - Dead-End Mains Prohibited. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by adding a new Subse ction 507.7 as follows: Sec. 507.7 Dead-end mains prohibited. When appropriate, all water mains in any project shall be looped. (m) Fire Protection Water Supplies - Building Permit Requirements. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by adding a new Subsection 507.8 as follows: Sec. 507.8 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 combustible construction beyond the foundation shall be allowedpermitted until all hydrants and mains required by this section are in place and approved. (n) Fire Department Access to Equipment - Identification. Section 509 of the International Fire Code, entitled "Fire Department Access to Equipment," is amended by substituting Subsection 509.1 with the following: Sec. 509.1 Identification. The following identification requirements shall apply to access to equipment. 1. Fire protection equipment and fire hydrants shall be clearly identified in an approved manner to prevent parking and/or other obstructions. 2. Entrances to rooms containing controls for air-conditioning systems, sprinkler risers and valves, or other fire detection, suppression, or control elements shall be identified for the use of the fire department. 3. Approved signs are required to identify fire protection equipment and equipment location. Signs shall be constructed of durable materials, permanently installed, and readily visible. 4. All fire department connections shall have a sign approved by the fire code official. The sign shall specify the type of water-based 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. 18.02.065 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 605.11, GENERAL (Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004) 18.02.070 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 901, GENERAL. The following local amendments to Section 901 of the International Fire Code, entitled "General," are adopted and incorporated into the International Fire Code: (a) Fire Protection Systems - Scope. Section 901 of the International Fire Code, entitled "General," is amended by substituting Subsection 901.1 with the following: Sec. 901.1 Scope. 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. The provisions of this subsection shall apply if, the building or buildings in question will have more than 50% of the gross square footage of fire area structurally remodeled, improved and/or otherwise reconditioned or, two or more major building systems improved or otherwise reconditioned within any 60 month time period. Major building systems include but are not limited to: Water, Sewer, Storm, or other plumbing, Electrical, HVAC, Foundation, and Structural members. 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. Maintenance, energy conservation and cosmetic improvements which do not require a permit of any kind are not considered structural remodels. (c) Buildings Vacant for One (1) Year or More. Section 901 of the International Fire Code, entitled, "General," is amended by adding a new Subsection 901.1.2 as follows: Sec. 901.1.2 Buildings vacant for one year or more. Buildings, structures or significant portions thereof vacant for one year or more shall be brought up to current code regarding fire protection systems, prior to issuing occupancy. (d) Fire Protection Systems - Standards. Section 901 of the International Fire Code, entitled "General," is amended by substituting Subsection 901.6.1 and Table 901.6.1 with the following: Sec. 901.6.1 Standards. Fire protection systems shall be reviewed, installed, inspected, tested, and maintained in accordance with the National Fire Protection Association ("NFPA") standards listed in Table 901.6.1 below. Table 901.6.1 FIRE PROTECTION SYSTEM MAINTENANCE STANDARDS SYSTEM STANDARD Carbon dioxide fire- extinguishing systems NFPA 12 Clean agent fire- extinguishing systems NFPA 2001 Dry chemical fire- extinguishing systems NFPA 17 Emergency power systems NFPA 110 & NFPA 111 Fire alarm systems NFPA 72 Fire doors NFPA 80 Foam fire-extinguishing systems NFPA 11 Halogenated fire- extinguishing systems NFPA 12A Smoke-control systems NFPA 92A Underground fire lines and hydrants NFPA 25 Water-based fire protection systems NFPA 25 Water-mist systems NFPA 750 Wet chemical fire- extinguishing systems NFPA 17A (e) (d)Fire Protection Systems - Records. Section 901 of the International Fire Code, entitled "General," is amended by substituting Subsection 901.6.2 with the following: Sec. 901.6.2 Records. Records of all system inspections, tests, and maintenance required by the referenced standards shall be maintained on the premises for a minimum of 3 years. A copy of each inspection, test, or maintenance record shall be forwarded to the fire code official, by an approved route, within 30 3 days of the date the inspection, test, or maintenance occurred. A copy of all system inspections shall be maintained in a three-ring binder or other folder type cover and located at the fire alarm main panel or other approved location. (f) (e)Fire Protection Systems - Definitions. Section 902 of the International Fire Code, entitled "Definitions," is amended by adding the following definitions: FIRE AREA. The total area from all floors enclosed by the outermost 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 way, this area shall be included in the fire 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 wall. LIFE SAFETY RESCUE ACCESS. Unobstructed access to all floor levels and each roof level of a building on not less than 20 percent of the building perimeter by utilizing a 35 foot ladder. An alternate method would be at least 1 stairway enclosure with exit doorways from each floor level and with a door opening onto each roof level which conforms to the requirements of the International Building Code. (Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004) 18.02.080 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 903, AUTOMATIC SPRINKLER SYSTEMS. The following local amendments to Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," are adopted and incorporated into the International Fire Code: (a) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2 with the following: Sec. 903.2 Where required. Approved fire sprinkler systems shall be installed throughout 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 protections 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 types 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-1, 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 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-1. An automatic sprinkler system shall be provided for Group A-1 occupancies where one of the following conditions exists: 1. The gross fire area of the building exceeds 10,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. 4. The fire area contains a multi-theater complex. 5. Dance halls where the total gross floor area exceeds 5,000 square feet (465 m2). (d) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.1.2 with the following: Sec. 903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for Group A-2 occupancies where one of the following conditions exists: 1. The fire area of the building exceeds 5,000 square feet. 2. The fire area has an occupant load of 100 or more. 3. The fire area is located on a floor other than the level of exit discharge. (e) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.1.3 with the following: Sec. 903.2.1.3 Group A-3. An automatic sprinkler system shall be provided for Group A-3 occupancies where one of the following conditions exists: 1. The fire area of the building exceeds 10,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. Exception: Areas used exclusively as participant sports arena areas where the main floor area is located at the same level as the level of exit discharge of the main entrance and exit. (f) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.1.4 with the following: Sec. 903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for Group A-4 occupancies where one of the following conditions exists: 1. The fire area of the building exceeds 10,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. Exception: Areas used exclusively as participant sports arena areas where the main floor area is located at the same level as the level of exit discharge of the main entrance and exit. (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, Group B ambulatory health care facilities, with the following: Sec 903.2.2 Group B ambulatory health care facilities. An automatic fire sprinkler system shall be installed throughout all buildings containing a Group B occupancy used for ambulatory health care facilities. The determination of an ambulatory health care facility will be determined by the Fire Code Official as it relates to fire protection systems. (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, Group E, with the following: Sec. 903.2.3 Group E. An automatic sprinkler system shall be provided for Group E occupancies as follows: 1. Throughout all buildings with a group E fire area. 2. Portable school classrooms, provided aggregate areas of clusters of portable school classrooms does not exceed 5,000 square feet (465 m2); and clusters of portable school classrooms shall be separated as required in Chapter 5 of the building code. The provisions of this subsection shall apply if the building or buildings in question will have more than 50% of the gross square footage of the fire area structurally remodeled, improved or otherwise reconditioned and/or two or more major building systems improved or otherwise reconditioned within any 60 month time period. Major building systems include but are not limited to: Water, Sewer, Storm, or other plumbing, Electrical, HVAC, Foundation, and Structural members. In the case of additions, only 4 hour area separation walls shall define separate buildings regarding sprinkler requirements. Exceptions: 1. Maintenance, energy conservation and cosmetic improvements not requiring a permit are not considered structural remodels. (i) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.4, Group F -1, with the following: Sec. 903.2.4 Group F-1: 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. (j) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.7 with the following: Sec. 903.2.7 Group 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 M fire area is located more than three stories above grade. (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 R. An automatic sprinkler system installed in accordance with Section 9.03.3 shall be provided throughout all buildings with a Group R fire area, including one and two family dwellings and mobile homes. Sec. 903.2.8.1 Existing Group R-1 and R-2 buildings shall install a full fire sprinkler system when any one of the following occurs: (1) A fire occurs which migrates from the unit of origin to involve a neighboring unit. (2) Two or more separate fires occur, which require a fire department response, in the same complex within a two year span. Sec. 903.2.8.2 Sprinkler heads in kitchens shall be installed (on the ceiling) with at least one sprinkler head no more than 4 feet out from the front of the stove top. Sec. 903.2.8.3 All spaces in excess of 10 square feet shall be provided with sprinkler coverage. (l) Automatic Sprinkler Systems - Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.9 with the following: Sec. 903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists: 1. Where the fire area of the building exceeds 10,000 square feet; or 2. Where a Group S-1 fire area is located more than three stories above grade. (m) Automatic Sprinkler Systems - Speculative Use Warehouses. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by adding the following new Subsection 903.2.9.3: Sec. 903.2.9.3. Speculative use warehouses. Where the occupant, tenant, or use of the building or storage commodity has not been determined or it is otherwise a speculative use warehouse or building, the automatic sprinkler system shall be designed and installed in accordance with the following: 1. The design area shall be not less than 5,600 square feet (520 m2). 2. The density shall be not less than that for class IV non-encapsulated commodities on wood pallets, with no solid, slatted, or wire mesh shelving, and with aisles that are 8 feet or more in width and up to 20 feet in height. 3. Sprinkler piping that is 4 inches and larger in width shall be used and the structural engineer of record shall provide written verification approving of the point and dead loads. (n) Automatic Sprinkler Systems. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.3.1.1.1 with the following: Sec. 903.3.1.1.1 Exempt locations. When approved by the Fire Code Official, automatic sprinklers shall may not be required in the following rooms or areas where such rooms or areas are protected with an approved automatic fire detection system in accordance with Section 907.2 that will respond to visible or invisible particles of combustion. Sprinklers shall not be omitted from any room merely because it is damp, of fire-resistance rated construction or contains electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the fire code official. 3. Generator and transformer rooms separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire-resistance rating of not less than 2 hours. 4. In rooms or areas that are of noncombustible construction with wholly noncombustible contents. (o) Automatic Sprinkler Systems. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," 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 provided 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. (p) 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 department connection locations. All fire department connection locations (F.D.C.’s) to automatic sprinklers and/or standpipe systems shall be located not less than 3 feet, nor more than 10 feet from the finished edge of an approved fire apparatus access road. F.D.C.’s shall not be located more than 50 feet from a fire hydrant. F.D.C.’s and F.D.C.’s serving sprinkler systems shall not be located on the wall of a building, unless approved by the fire code official. F.D.C.’s serving class 1 or 3 standpipe systems may be located on walls, provided such walls are of fire resistive or noncombustible construction. Exception: F.D.C.’s that are not able to be located away from a wall due to physical restrictions, may be located in an area approved by the fire code official. F.D.C.’s shall be installed/located at the front of the building not less than 18 inches nor more than 36 inches above the finished grade of an approved fire apparatus access road. F.D.C.’s shall not be obstructed by vehicle parking, carports, garages, refuse storage containers, fences, landscaping or other obscuring features. F.D.C.’s shall be provided with tight fitting threaded caps or Knox type lockable caps. (q) Automatic Sprinkler Systems - Alarms. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.4.2 with the following: Sec. 903.4.2 Alarms - Exterior notification. Approved audible alarm devices shall be connected to every automatic sprinkler system. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Alarm devices shall be water-motor gong or approved electric bell which operates with water flow and operated and shall be provided on the exterior of the building in an approved location at each riser or riser group. Exception: NFPA 13D and NFPA 13R sprinkler systems may 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. 903.4.2.1 Alarms - Interior notification. Actuation of the automatic sprinkler system shall actuate interior audible/visual notification appliances as outlined in NFPA 72 at all exits from all floors or where a fire alarm system is installed. The fire alarm system notification circuits shall provide the interior notification. When a structure exceeds one floor, a flow switch shall be provided for each floor. A flow alarm shall be identified by floor. Exception: NFPA 13D 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. (r) Automatic Sprinkler Systems. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.4.3 with the following: Sec. 903.4.3 Floor control valves. Approved supervised indicating control valves shall be provided at the point of connection to the riser on each floor on buildings/structures 4 or more stories in height or 30 feet measured to the floor level. (Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4958 §2, 2005; Ord. 4903 §1, 2004) 18.02.090 AMENDMENTS TO THE INTERNATIONAL FIRE CODE -SECTION 907, FIRE ALARM AND DETECTION SYSTEMS. The following local amendments to Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," are adopted and incorporated into the International Fire Code: (a) Fire Alarm and Detection Systems - General. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended to add the following to Subsection 907.1.2: Sec. 907.1.2 Fire Alarm Shop Drawings. 14. A Bremerton Fire department submittal checklist. 15. A copy of the device/zone map. 16. Fire alarm systems which contain 25 or more SLC/NAC devices combined, shall be submitted on no less than 11x17 sized drawings and 1/8"=1' to an approved scale with a digital copy of the design in DWG, DWF or other approved format. (PDFs are not acceptable.)PDF format. (b) Fire Alarm and Detection Systems - Where Required. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by substituting Subsection 907.2 with the following: Sec. 907.2 Where required. All new and remodeled occupancies where the fire area exceeds 4,000 square feet, an approved manual and automatic fire alarm system shall be provided. Approved addressable fire alarm systems will be required in all buildings having 10 or more fire alarm system devices. Where automatic sprinkler protection installed in accordance with Section 903.3.1.1 or 903.3.1.2 is provided and connected to the fire alarm system, automatic heat detection requirements of this section may be modified upon specific approval by the fire code official. Exceptions: 1. Group U Occupancies. 2. Occupancies protected throughout by an approved/monitored automatic sprinkler system can delete heat detectors from the system. 3. One and two family residences. 4. Those buildings that require 10 or less fire alarm 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 building’s 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. Hallways, corridors, exit passages and all other primary egress components. 2. Above the fire alarm panel and all annunciator panels. 3. Rooms, assembly areas or other spaces which exceed 400 square feet. Heat detection shall be placed in all areas not covered by smoke detection. Exception: Buildings equipped with a fire sprinkler system. A fully functional annunciator panel shall be placed at the main entrance(s) and fire sprinkler room(s). Graphic annunciators shall be utilized in all highrises and schools. Shielded fire alarm cable shall be utilized as required by the fire code official. Prescriptive smoke detector placement shall utilize Table 5.6.5.5.1 from NFPA 72 2002 edition when ceiling heights exceed 10'. Prescriptive smoke detector placement of spot detectors shall not exceed 30' in height. Beam detectors shall be utilized in complex designs and ceilings in excess of 30'. (c) Fire Alarm and Detection Systems - Retroactive R-2 Visible Notification. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended to add Subsection 907.10 as follows: Sec. 907.10 Retroactive R-2 visible notification. At the request of the tenant, the building owner shall replace an existing audible device to an audible/visible device to assist hearing impaired tenants. Building owners are not required to otherwise change or modify fire alarm systems if due to design or device placement this option is not feasible. (d) 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 907.4.1. The amended Subsection 907.4.1 reads as follows: Sec. 907.4.1 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. (e) Fire Alarm and Detection Systems - Monitoring. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amende d by substituting Subsection 907.5 with the following: Sec. 907.5 Monitoring. Where fire alarm systems are required by this chapter or by the International Building Code, a U.L.-listed central monitoring station in accordance with NFPA 72 shall monitor fire alarm systems. Exception: Supervisory service is not required for: 1. Single- and multiple-station smoke alarms required by Section 907.2.10. 2. Smoke detectors in Group I-3 occupancies. 3. Automatic sprinkler systems in one- and two-family dwellings. 4. Those existing R-1 and R-2 occupancies that are addressed by section 18.03.120(a) of the Bremerton Municipal Code. (f) Fire Alarm and Detection Systems - Testing Prerequisites. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by adding a new Subsection 907.9.1: Sec. 907.9.1 Testing Prerequisites. Upon completion of the installation or alteration, a satisfactory test of the entire system and its functions shall be made in the 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. (g) Fire Alarm and Detection Systems - Location/Security. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by adding a new Subsection 907.11: Sec. 907.11. 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. (h) Fire Alarm and Detection Systems - Monitoring. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by adding new Subsections 907.12, 907.13, 907.14, 907.15 and 907.16: Sec. 907.12. 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. 907.13. Designer Qualifications. Persons who design fire alarm systems shall be either a fire protection engineer registered by the State of Washington or NICET III and current with all continuing education and training required by NICET. The designer must be NICET II by July 1, 2008 and NICET III by January 1, 2009. Sec. 907.14. Installation Requirements. During the course of a fire alarm installation, including all subsequent modifications and annual testing, a NICET level II technician in fire alarms shall personally conduct all programming and testing. Sec. 907.15. Existing Fire Alarm Systems. All existing fire alarm systems are subject to the provisions of 907.14. Sec. 907.16. Violations. Violations of section 907.14 and 907.15 constitutes a mandatory $1000 violation per occurrence. Each day constitutes a separate and distinct violation. Any three violations of this provision immediately revokes the affected fire alarm company’s City of Bremerton business license and prohibits re-application for a period of not less than three years. (Ord. 5137 §1, 2011: Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004) 18.02.095 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 913, FIRE PUMPS. The following local amendment to Section 913 of the International Fire Code, entitled "Fire Pumps," is adopted and incorporated into the International Fire Code: (a) Fire Pumps. Section 913 of the International Fire Code is amended by adding a new Subsection 913.2.1: Sec. 913.2.1 Fire pumps utilizing electric drivers shall provide a back-up power supply. Exception: In F and S occupancies when the normal occupant load does not exceed 15, the occupancy would normally be vacated during power outages and with the fire code official’s approval. (Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007) 18.02.100 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 1433, FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION. The following local amendment to Chapter 1433 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 14123312 of the International Fire Code, entitled "Water Supply for Fire Protection," is amended by substituting Subsection 1412.1 3312.1with the following: Sec. 1412.1 3312.1 When required. An approved water supply for fire protection shall be made available as soon as combustible material arrives on the site. (Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004) 18.02.110 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 22, MOTOR FUEL- DISPENSING FACILITIES AND REPAIR GARAGES. The following local amendment to Chapter 2223 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. 22305.3.1. Required Spill Control Equipment. Every fuel dispensing facility and repair garage shall maintain at least 50 pounds of rice hulls or other approved absorbent and at least 25 approved absorbent pads, minimum dimension 16 inch by 16 inch and/or other spill control equipment as approved by the fire code official. (Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004) 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. (Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004) 18.02.130 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - CHAPTER 45, MARINAS. The following local amendment adding a new Chapter 45 of the International Fire Code, entitled "Marinas," is hereby adopted and incorporated into the International Fire Code as if fully set forth therein: Chapter 45 MARINAS 4501 Scope Marina facilities shall be in accordance with this chapter. 4501.2 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. 4501.2.1 Permits Permits are required to use open-flame devices for maintenance or repair on vessels, floats, piers or wharves. 4502 DEFINITIONS 4502.1 Definitions. The following words and terms shall, for the purpose of this chapter and as used elsewhere in this code, have the meanings shown herein. FLOAT is a floating structure normally used as a point of transfer for passengers and goods, or both, for mooring purposes. MARINA is any portion of the ocean or inland water, either naturally or artificially protected, for the mooring, servicing or safety of vessels and shall include artificially protected works, the public or private lands ashore, and structures or facilities provided within the enclosed body of water and ashore for the mooring or servicing of vessels or the servicing of their crews or passengers. PIER is a structure built over the 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. 4503 GENERAL PRECAUTIONS 4503.1 Combustible Debris. Combustible debris and rubbish shall not be deposited or accumulated on land beneath marina structures, piers or wharves. 4503.2 Sources of Ignition. Open-flame devices used for lighting or decoration on the exterior of a vessel, float, pier or wharf shall be approved. 4503.3 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. 4503.4 Rubbish Containers. Containers with tightfitting or selfclosing lids shall be provided for the temporary storage of combustible trash or rubbish. 4503.5 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. 4503.6 Berthing and Storage. Berthing and storage shall be in accordance with NFPA 303, Chapter 5. 4503.7 Addressing. Each slip shall be numbered and clearly marked. 4504 FIRE-PROTECTION EQUIPMENT 4504.1 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. 4504.2 Standpipes. Marinas and boatyards shall be equipped throughout with standpipe systems in accordance with the following: 1. All portions of floats exceeding 150' in distance from the point of fire apparatus access shall be provided with an approved dry standpipe system, installed in conformity with NFPA 14 and Section 905.12. 2. Hose stations shall be provided at 150' intervals, with the most remote station a maximum of 75' from the end of the float. Each hose station shall be provided with two 2-1/2'' standpipe valves with 2 1/2'' to 1 1/2'' 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 connections. The Fire Department connections shall be located on the shore end of the first floating dock. 4. Piping shall be minimum schedule 40 class and shall be sized to deliver 300 GPM at 65 psi residual pressure at the most remote station with a delivered pressure of 150 psi at the Fire Department connection. 5. Sectional valves shall be provided at the change of direction of each float and at each hose station. The valve shall be down stream of the hose station. 4504.3 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. 4504.4 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. 4504.5 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. 4505 MARINE MOTOR VEHICLE FUEL-DISPENSING STATIONS 4505.1 Fuel-Dispensing. Marine motor vehicle fuel-dispensing stations shall be in accordance with Chapter 22 of this code. (Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004) 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 Interna tional Fire Code as if fully set forth therein: (a) Minimum Specifications - Grade. Section D103 of the International Fire Code, entitled "Minimum specifications," is amended by substituting Subsection D103.2 with the following: Sec. D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent longitudinal and/or 6 percent laterally in grade. Approach and departure angle for fire apparatus access shall be as determined by the fire code official. Unless building sprinklers have been installed in accordance with this code and the roadway has been approved by the fire code official. (b) Minimum Specifications - Turning Radius. Section D103 of the International Fire Code, entitled "Minimum specifications," is amended by substituting Subsection D103.3 with the following: Sec. D103.3 Turning radius. The fire apparatus access road shall have a 23 foot minimum inside turning radius and a 45 foot minimum outside turning radius. (c) Fire Apparatus Access Road Gates. Section D103.5 of the International Fire Co de, entitled "Fire Apparatus Access Road Gates," is amended by substituting Subsection D103.5.1 with the following: Sec. D103.5.1 The minimum gate width shall be 14 feet. (Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004) 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. (Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: O rd. 4903 §1, 2004) 18.02.160 CITY OF BREMERTON FALSE ALARM CODE. (a) For the purposes of this section, a false alarm shall be deemed and construed as being: the activation of any fire protection system due to some form of maintenance or lack of maintenance element. (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 or activate any fire protection 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 alarm shall be guilty of a civil infraction and shall be fined per BMC 3.01.060, Fire Department - Rate Table E. (f) Definitions. (1) "False alarm" shall mean the activation of a fire protection system at a time when no conditions attributable to a fire or smoke condition are found to exist upon arrival of the Fire Department. (2) "Fire Code Official" shall mean the Chief of the Fire Department or his designated representative. (3) "Person" shall mean any person, firm, partnership, association, corporation, company or organization of any kind. (4) "Preventable false alarm" shall mean a false alarm caused or initiated or allowed to be caused or initiated by the premises owner, or by a representative, assignee, or other pe rsons that function under the direction or control of the owner, whether caused by direct intent, malicious action or by system neglect or improper system maintenance. (5) "Unpreventable false alarm" shall mean a false alarm caused by power failures or interferences unrelated to the operation of the premises. (g) Any person having or maintaining a fire alarm shall, within three (3) working days after notice by the Fire Code Official at the scene of a false alarm, make a written report to the Fire Code Offic ial 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. (Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4903 §1, 2004) 18.02.170 AUTOMATIC SPRINKLER SYSTEMS - BUILDINGS CONTAINING 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 integra ted 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 Chapter 3.01 BMC and BMC Title 15 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. (Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4958 §3, 2005) 18.02.175 SPECIFIC VIOLATIONS - FINES. Any violation of any provision of the City Fire Code identified in this section may be assessed a monetary fine for each incident or occurrence as follows: (a) Illegal burning: two hundred fifty dollars ($250.00); (b) NICET violations: one thousand dollars ($1,000); (c) False fire alarms: two hundred dollars ($200.00); (d) Fire Code violations with the knowledge of the responsible party: one hundred twenty-five dollars ($125.00); (e) Repeat Fire Code violations for failure to correct or comply with the City Fire Code: one hundred twenty-five dollars ($125.00). Nothing in this section prohibits the City from seeking other remedies as allowed by ordinance , including, but not limited to, those set forth in BMC 18.02.180. The Fire Marshal may, at his or her discretion, reduce the amount of the assessed fine due to mitigating circumstances. (Ord. 5164 §1, 2011) 18.02.180 VIOLATION - PENALTY. (a) Any violation of any provision of the City Fire Code, BMC Title 18, constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any of the provisions of the City Fire Code, BMC Title 18, shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2). (Ord. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4958 §4 (part), 2005: Ord. 4903 §1, 2004. Formerly 18.02.170) 18.02.190 APPEALS. (a) Appeals to the Hearings 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 fire 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 fire codes and referenced 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. 5112 §1 (part), 2010: Ord. 5016 §1 (part), 2007: Ord. 4958 §4 (part), 2005: Ord. 4903 §1, 2004. Formerly 18.02.180)