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Home My WebLink AboutCOW 2018-05-14 Item 4E - Ordinance/Resolution - Fire Department Hazardous Materials Incident BillingCOUNCIL AGI-4,NDA SYNOPSIS Mirth/J. AleetingDate Prepared by Mayor ic review Council review 05/14/18 CF [j Motion ,Iltg Dale LI 05/21/18 CF n Public I leafing ,\ftgDate Other AllyDate Alt,g Date 05/21/18 t1ItgDate 05/21/18 S1'()XS()R Comitii F-Mqyor — 1 IN DCD n i''illtin.e Fire FinP&R Police — PW _Court SP( )N,()R' s Repealing Resolution NO. 1883 and adopting a revised fee schedule will allow the city to SLNIN1 \RY recover portions of costs at rates updated to be more reflective of current operations and related expenses. Repealing Ordinance NO. 1519 and reenacting TMC Chapter 6.14 authorizes the recovery of costs associated with responses to Hazardous Materials incidents within the City of Tukwila. RI wil Avi ,; UV — C.O.W. Mtg. [1 CDN Comm fl Finance Comm. Z Public Safety Comm. E Trans &Infrastructure E Arts Comm. Parks Comm. 1-1 Planning Comm. DATE: 05/07/14 COMMIYI'EE CHAIR: HOUGARDY RECOMMENDATIONS: SPoNsoR/ADNHN, CoNINIITI Fire Department Unanimous Approval; Forward to Committee of the Whole ITEM INFORMATION ITEM No. 4.E. STAFF Si( /NSOR: JAY C. WITTWER IORIGIN \l, ,\GFINDA DATK: Materials fee schedule. 05/14/18 incident /1(;iy\1).\ ITrm' ' • 1,1 Ordinance authorizing recovery of costs for response to Hazardous and a resolution repealing and adopting revised fire department (2.vri I( )10' Discussion Altg Date 05/14/18 [j Motion ,Iltg Dale r1" Resolution 4 Ordinance Bid Award MtgOate n Public I leafing ,\ftgDate Other AllyDate Alt,g Date 05/21/18 t1ItgDate 05/21/18 S1'()XS()R Comitii F-Mqyor — 1 IN DCD n i''illtin.e Fire FinP&R Police — PW _Court SP( )N,()R' s Repealing Resolution NO. 1883 and adopting a revised fee schedule will allow the city to SLNIN1 \RY recover portions of costs at rates updated to be more reflective of current operations and related expenses. Repealing Ordinance NO. 1519 and reenacting TMC Chapter 6.14 authorizes the recovery of costs associated with responses to Hazardous Materials incidents within the City of Tukwila. RI wil Avi ,; UV — C.O.W. Mtg. [1 CDN Comm fl Finance Comm. Z Public Safety Comm. E Trans &Infrastructure E Arts Comm. Parks Comm. 1-1 Planning Comm. DATE: 05/07/14 COMMIYI'EE CHAIR: HOUGARDY RECOMMENDATIONS: SPoNsoR/ADNHN, CoNINIITI Fire Department Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE ExplADITLRN RI(.2[111W1) AMOUNT BUDGETED APPROPRIATION REQUIRED $N/A $N/A $N/A Fund Source: N/A Comments: MTG. DATE RECORD OF COUNCIL ACTION 05/14/18 MTG. DATE ATTACHMENTS 05/14/18 Informational Memorandum dated 05/01/18 Ordinance and Resolution in Draft Form Minutes from the Public Safety Committee meeting of 5/7/18 05/21/18 4 - 178 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Public Safety Committee FROM: Jay C. Wittwer, Fire Chief BY: Chris Flores, Assistant Fire Chief CC: Mayor Ekberg DATE: 05/01/18 SUBJECT: Ordinance authorizing recovery of costs for response to Hazardous Materials incidents. Resolution repealing and adopting revised fire department fee schedule. ISSUE Repealing Resolution NO. 1883 and adopting a revised fee schedule will allow the city to recover portions of costs at rates updated to be more reflective of current operations and related expenses. Repealing Ordinance NO. 1519 and reenacting TMC Chapter 6.14 authorizes the recovery of costs associated with responses to Hazardous Materials incidents within the City of Tukwila. BACKGROUND The current Fire Department Fee Schedule is obsolete based upon current operating costs related to the provision of services external to emergency response. Recent changes in state law provide for the recovery of extraordinary costs related to Hazardous Materials spills or releases associated with Motor Vehicle and Transportation accidents/incidents or spills and releases associated with incidents of other origin, an example being an industrial spill or release in a commercial facility. DISCUSSION Some of the operational costs associated with response to Hazardous Materials incidents and other extraordinary incidents can be placed upon the responsible party/parties. Fire Department Fees can be updated to be more reflective of costs associated with the provision and administration of permits, plan review, and inspections. FINANCIAL IMPACT Revenue projections have not been developed. Existing tools will be utilized to monitor and track impacts to revenue. RECOMMENDATION The Council is being asked to approve the resolution and ordinance and consider this item at the May 14, 2018 Committee of the Whole meeting and subsequent May 21, 2018 Regular Meeting. ATTACHMENTS Ordinance in Draft Form Resolution in Draft Form 179 180 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 1519; REENACTING TUKWILA MUNICIPAL CODE CHAPTER 6.14, "HAZARDOUS MATERIALS CLEANUP," TO AUTHORIZE THE RECOVERY OF COSTS ASSOCIATED WITH RESPONSES TO HAZARDOUS MATERIALS INCIDENTS WITHIN THE CITY OF TUKWILA RESPONSE AREAS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, there are occasions when the City of Tukwila must respond to hazardous materials incidents, as defined by RCW 70.136.020, to protect the public from actual or threatened harm; and WHEREAS, such incidents may require special cleanup activities, such as causing the contents of a vehicle to be deposited upon a street or highway, or its appurtenances; and WHEREAS, such incidents may require traffic control, scene safety, detours, removal of debris resulting from the incident, hazardous material control and hazardous material removal; and WHEREAS, the individual who willfully or negligently caused such incidents should be liable for the costs of the City of Tukwila's response to the incident; and WHEREAS, RCW 4.24,314(2) provides that "Any person, other than a person transporting hazardous materials or an operating employee of a company, responsible for causing a hazardous materials incident, as defined in RCW 70.136.020, is liable to a municipal fire department or fire district for extraordinary costs incurred by the municipal fire department or fire district, in the course of protecting the public from actual or threatened harm resulting from the hazardous materials incident, until the incident oversight is assumed by the department of ecology;" and WHEREAS, RCW 4.24.314(3) defines "extraordinary costs" as "those reasonable and necessary costs incurred by a governmental entity in the course of protecting life and property that exceed the normal and usual expenses anticipated for police and fire W: Word Processing\Ordinances\Hazardous materials cleanup -TMC 6.14 strike-thru 3-20-18.doc JW:bjs Page 1 of 4 181 protection, emergency services, and public works. These shall include, but not be limited to, overtime for public employees, unusual fuel consumption requirements, any loss or damage to publicly owned equipment, and the purchase or lease of any special equipment or services required to protect the public during the hazardous materials incident;" and WHEREAS, the Tukwila Fire Department is the appropriate agency to have jurisdiction over such incidents; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Ordinance No. 1519 is hereby repealed. Section 2. TMC Chapter 6.14 Reenacted. Tukwila Municipal Code (TMC) Chapter 6.14 is hereby reenacted to read as follows: CHAPTER 6.14 HAZARDOUS MATERIALS CLEANUP Sections: 6.14.010 Definitions 6.14.020 Compliance 6.14.030 Liability for extraordinary costs 6.14.040 Incident response costs 6.14.050 Presentation of claims 6.14.060 Fees Section 3. TMC Section 6.14.010 is hereby established to read as follows: 6.14.010 Definitions As used in this chapter, these terms shall be defined as follows: 1. "Extraordinary costs" means those reasonable and necessary costs incurred by the City of Tukwila. Tukwila Fire Department, and local authorities in the course of protecting life and property that exceed the normal and usual expenses anticipated for police and fire protection, emergency services and public works. These shall include, but not be limited to, overtime for City employees; unusual fuel consumption requirements; any loss or damage to City -owned equipment; and the purchase or lease of any special equipment or services, and all processing and data collection costs required to protect the environment, community property and the public during the hazardous materials incident. 2. "Hazardous materials" means: a. Materials which, if not contained may cause unacceptable risks to human life within a specified area adiacent to the spill. seepage, fire, explosion, or other release and will. consequently, require evacuation W: Word Processing\Ordinances\Hazardous materials cleanup -TMC 6.14 strike-thru 3-20-18.doc JW:bjs 182 Page 2 of 4 b. Materials that, if spilled, could cause unusual risks to the general public and to emergency response personnel responding at the scene: c. Materials that, if involved in a fire will pose unusual risks to emergency response personnel: d. Materials reauirinq unusual storage or transportation conditions to assure safe containment: or e. Materials requiring unusual treatment, packaging, or vehicles during transportation to assure safe containment. 3. "Hazardous materials incident" means an incident creating a danger to persons, property, or the environment as a result of spillage, seepage, fire, explosion, or release of hazardous materials, or the possibility thereof. 4. "Person" means an individual, partnership, corporation, or association. Section 4. TMC Section 6.14.020 is hereby reenacted to read as follows: 6.14.020 Compliance Any person transporting hazardous materials shall clean up be responsible for the cleanup of any hazardous materials incident that occurs during transportation, and shall take such additional action as may be reasonably necessary after consultation with the Tukwila Fire Department in order to achieve compliance with all applicable federal and State laws and regulations. Section 5. TMC Section 6.14.030 is hereby reenacted to read as follows: 6.14.030 Liability for extraordinary costs Any person responsible for causing the hazardous materials incident, other than operating employees of the transportation company involved in the incident, is liable to the City for extraordinary costs incurred by the City in the course of protecting the public from actual or threatened harm resulting from the hazardous materials incident. The liability stated in this chapter applies to an owner of a vehicle or a vehicle operated with the owner's permission, the owner of a property or an individual on the owner's property, or a person who willfully or negligently causes or permits such an incident to occur. Section 6. TMC Section 6.14.040 is hereby established to read as follows: 6.14.040 Incident response costs Any person causing a hazardous materials incident requiring a City of Tukwila Tukwila Fire Department or local authority response shall be responsible for the extraordinary costs of the hazardous materials incident response. Such costs shall include, but not be limited to, traffic control, detours, scene safety, removal of debris resulting from the hazardous materials incident, hazardous material control and hazardous material removal. W: Word Processing \Ordinances\Hazardous materials cleanup -TMC 6.14 strike-thru 3-20-18.doc JW:bjs Page 3 of 4 183 Section 7. TMC Section 6.14.050 is hereby established to read as follows: 6.14.050 Presentation of claims The City of Tukwila, Tukwila Fire Department and local authorities may present claims for liability under this chapter. bring actions for recovery thereon, and settle and compromise, in their discretion, claims arising under this chapter. Section 8. TMC Section 6.14.060 is hereby established to read as follows: 6.14.060 Fees Fees related to incident response costs and "extraordinary costs" shall be in accordance with the Fire Department Fee Schedule adopted by resolution of the City Council. Section 9. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 10. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 11. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Rachel B. Turpin, City Attorney Allan Ekberg, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances\Hazardous materials cleanup -TMC 6.14 strike-thru 3-20-18.doc JW:bjs 184 Page 4 of 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING RESOLUTION NO. 1883 AND ADOPTING A REVISED FIRE DEPARTMENT FEE SCHEDULE. WHEREAS, the City has analyzed current Fire Department fees for permits, plan review and re -inspections; and WHEREAS, the City Council wishes to recover a portion of the City's costs for processing of permit applications, plan reviews and re -inspections; and WHEREAS, adopting Fire Department fees in a separate document will improve clarity and accessibility and allow them to be more easily updated in the future; and WHEREAS, the City of Tukwila desires to assess a fee in conjunction with preparedness and response costs to all incidents where a liable party is responsible for said action; and this cost will begin to offset, but is not limited to, special education and training requirements of personnel, cleaning of equipment and turnouts, wear and tear of equipment, staffing costs, fuel consumption, loss or damage to publicly -owned equipment, and the purchase or lease of any special equipment or services required to protect the environment, community property and the public; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Repealer. Resolution No. 1883 is hereby repealed. Section 2. Fire Department Fee Schedule. Fire Department fees will be charged according to the following schedule, which shall supersede any previously adopted fire permit fee, plan review fee or re -inspection fee. W:\Word Processing\Resolutions\Fire Department Fee Schedule amended 4-10-18 :bjs Page 1 of 4 185 FIRE DEPARTMENT FEE SCHEDULE FIRE PERMIT FEES TYPE FEE Fire permits required by the International Fire Code TMC 16.16.080 Short term permits (i.e. for food vendors); for events not to exceed 3 consecutive days in duration: - Liquid propane permit - Open flame permit TMC 16.16.080 Temporary / Special Events Permit: TMC 16.16.030 - Commercial - Residential PLAN REVIEW FEES For alternative fire protection TMC 16.16.080 Commercial: For 1-5 devices/heads For 6 or more devices/heads Single-family: Resubmittal fee systems Base fee = $200.00 Base fee = $300.00 + $2.00 per device/head in excess of 10 Base fee = $50.00 + $1.50 per sprinkler head in excess of 10 $150.00 for each permit $25.00 for each permit $400.00 $100.00 $300.00 For fire alarm plans TMC 16.40.040 Commercial: For 1-5 devices For 6 or more devices Base fee = $200.00 Base fee = $300.00 + $2.00 per device in excess of 10 Single-family: Base fee = $50.00 + $1.50 per device in excess of 10 devices Resubmittal fee $300.00 W:\Word Processing\Resolutions\Fire Department Fee Schedule amended 4-10-18 :bjs 186 Page 2 of 4 TYPE FEE For sprinkler system plans TMC 16.42.040 Commercial: For 1-5 heads Base fee = $200.00 For 6 or more heads Base fee = $300.00 + $2.00 per sprinkler head in excess of 10 Single-family: Base fee = $50.00 + $1.50 per sprinkler head in excess of 10 Resubmittal fee $300.00 RE -INSPECTION FEES For new construction, tenant improvements or spot inspections TMC 16.16.080 TMC 16.40.130 TMC 16.42.110 TMC 16.46.150 TMC 16.48.150 $100.00 For company level inspections: TMC 16.16.080 On the follow-up inspection 30 days after the initial company level violation, when the inspector finds that the violations have not been corrected = $60.00 On the second follow-up inspection, when the inspector finds that the violations have not been corrected = $85.00 On the third follow-up inspection, when the inspector finds that the violations have not been corrected = $110.00 Fee for the fourth and any subsequent follow-up inspections when the inspector finds that the violations have not been corrected = $135.00 APPEAL FEE TMC 16.16.090 TMC 16.40.170 TMC 16.42.150 TMC 16.46.170 TMC 16.48.170 $250.00 RECOVERY OF HAZARDOUS INCIDENT RESPONSE COSTS TMC Chapter 6.14 W:\Word Processing\Resolutions\Fire Department Fee Schedule amended 4-10-18 :bjs Minimum fee for incident response costs = $250.00, plus any "extraordinary costs," as defined per TMC Chapter 6.14. Page 3 of 4 187 188 Section 3. Effective Date. The fee schedule contained in this resolution shall be effective immediately. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2018. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Verna Seal, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Rachel B. Turpin, City Attorney W:\Word Processing\Resolutions\Fire Department Fee Schedule amended 4-10-18 :bjs Page 4 of 4 City of Tukwila City Council Public Safety Committee PUBLIC SAFETY COMMITTEE Meeting Minutes May 7, 2018 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: Kathy Hougardy, Chair; Dennis Robertson, Thomas McLeod Staff: David Cline, Rachel Bianchi, Chris Flores, Peggy McCarthy, Eric Dreyer, Ben Hayman, William Rodal, Henry Hash, Bruce Linton, Laurel Humphrey Guests: Justine Kim & Ethan Bernau, Shiels Obletz Johnsen; Steve Goldblatt, consultant; Erica Loynd & Lori Coppenrath, DLR Group CALL TO ORDER: Chair Hougardy called the meeting to order at 5:30 p.m. I. ANNOUNCEMENT II. BUSINESS AGENDA Legislation related to Hazardous Materials Incident Responses Staff is seeking Council approval of an ordinance and a resolution that would allow the City to recover the cost associated with responding to hazardous materials incidents. The proposed ordinance would reenact TMC 6.14, "Hazardous Materials Cleanup," to include new language requiring those responsible for a hazardous materials incident to assume responsibility for the cost of the response. The resolution would amend the Fire Department Fee Schedule to include a $250 minimum fee for hazardous incident response plus any "extraordinary costs" as defined in the code. UNANIMOUS APPROVAL. FORWARD TO MAY 14, 2018 COMMITTEE OF THE WHOLE. B. Fire Department Apparatus Equipment Purchase Staff is seeking Council approval to purchase outfitting equipment in an amount not to exceed $235,000.00 for the two Fire engines and ladder truck approved by Council in February 2018. Existing department inventory will be transferred to the new apparatus if it is still serviceable. As follow up to the April 16, 2018 Committee discussion, staff presented a list detailing the estimated equipment costs for one Pierce Aerial #5905 and two Pierce Pumpers #5904 and #5906. UNANIMOUS APPROVAL. FORWARD TO MAY 21, 2018 REGULAR CONSENT AGENDA. C. Justice Center Schematic Design and Updated Budget Staff is seeking Council approval to proceed with the Design Development phase of the new Justice Center building. Schematic Design is now complete, providing the Council with the first predictable budget for the project, which is verified at the $68.5 million estimated at the end of the programming stage. The schematic design is for a 46,690 square foot building. The pre- program square footage was targeted at 45,500, but it was not possible to design a building that size without losing key functions. The building design reflects the collaborative effort of the stakeholders in Police, Court, and Emergency Operations. The proposal includes a flexible 189