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HomeMy WebLinkAboutCOW 2021-01-25 COMPLETE AGENDA PACKET Tukwila City Council Agenda  COMMITTEE OF THE WHOLE  Allan Ekberg, Mayor Councilmembers:  Verna Seal  Kathy Hougardy David Cline, City Administrator  De’Sean Quinn  Thomas McLeod Kate Kruller, Council President  Zak Idan  Cynthia Delostrinos Johnson THE MEETING WILL NOT BE CONDUCTED AT TUKWILA CITY HALL, BASED ON THE GOVERNOR’S PROCLAMATION 20-28 ADOPTED MARCH 24, 2020 WHICH SAYS IN PART: ANY PUBLIC AGENCY, SUBJECT TO RCW 42.30, IS PROHIBITED FROM CONDUCTING ANY MEETING, SUBJECT TO RCW 42.30 UNLESS (A) THE MEETING IS NOT CONDUCTED IN-PERSON AND INSTEAD PROVIDES AN OPTION(S) FOR THE PUBLIC TO ATTEND THE PROCEEDINGS THROUGH, AT MINIMUM, TELEPHONIC ACCESS, . . .” THE PHONE NUMBER FOR THE PUBLIC TO LISTEN TO THE MEETING IS: 1-253-292-9750, ACCESS CODE: 670077847#. Click here to: Join Microsoft Teams Meeting For Technical Support during the meeting call: 1 -206-431-2179. Monday, January 25, 2021; 7:00 PM (continued…) 1. CALL TO ORDER / PLEDGE OF ALLEGIANCE 2. LAND ACKNOWLEDGEMENT The City of Tukwila is located on the ancestral lands of the Coast Salish people. We acknowledge their continuing connections to land, waters and culture. We pay our respects to their elders past, present and emerging. 3. SPECIAL PRESENTATION A briefing to the City Council on growth targets by King County staff. Minnie Dhaliwal, Deputy Community Development Director Pg.1 4. PUBLIC COMMENTS Those wishing to provide public comments will have the opportunity to deliver public comments via email. All written comments received by email to citycouncil@tukwilawa.gov prior to 5:00 PM on the date of the meeting can be read aloud during the meeting by City staff within the normal five-minute time limit. Please clearly indicate whether you want your e-mail read during P ublic Comments at the next Tukwila City Council meeting. 5. SPECIAL ISSUES a. Weekly COVID-19 report. b. Application for lodging tax funds: Spice Bridge International Food Hall at Tukwila Village. Pg.17 Pg.25 6. REPORTS a. Mayor b. City Council c. Staff d. Legislative Analyst 7. MISCELLANEOUS 8. ADJOURN TO SPECIAL MEETING SPECIAL MEETING January 25, 2021 Page 2  SPECIAL MEETING   Ord #2648  Res #2018 1. CALL TO ORDER / ROLL CALL 2. CONSENT AGENDA a. Approval of Minutes: 1/4/21 (Regular Mtg.); 1/11/21 (Special Mtg.) b. Approval of Vouchers c. An ordinance amending Ordinance Nos. 2549 §17 and 2171 §1 (part), as codified at various Tukwila Municipal Code (TMC) sections in Chapter 16.04 as specified herein, to adopt updated state building codes; repealing Ordinance Nos. 2539, 2503, 2402, and 2121; repealing Ordinance No. 2326 to eliminate TMC Chapter 16.05 in its entirety. [Reviewed and forwarded to Consent by the Committee of the Whole on 1/11/21.] Pg.37 3. UNFINISHED BUSINESS a. An ordinance amending various ordinances as codified in Tukwila Municipal Code Title 17, “Subdivisions and Plats,” and Title 18, “Zoning,” at the sections as stated herein, to incorporate code amendments providing a process to modify a subdivision project after it has received preliminary approval, to delegate final plat approval to the Director of Community Development, to change the procedures for phasing of a subdivision, and to provide for additional extensions to the preliminary approval expiration of phased subdivisions; repealing Ordinance No. 2499. b. Fire legislation: (1) An ordinance repealing Ordinance Nos. 2435 and 2504, as codified in Tukwila Municipal Code (TMC) Chapter 16.16, “International Fire Code;” reenacting TMC Chapter 16.16, “International Fire Code,” to adopt the 2018 Edition of the International Fire Code and appendices with certain exceptions and amendments to apply within the City of Tukwila, to update Tukwila Fire Code regulations to better align with our regional fire prevention partners in King County, to add code language for emergency responder radio systems that support the Puget Sound Emergency Radio Network upgrade, and to improve code language to assist in the enforcement, implementation and understanding of Tukwila Fire Code requirements; repealing Ordinance Nos. 1786 and 1787 and updating regulations regarding fireworks and pyrotechnics and relocating those regulations to TMC Chapter 16.16. (2) A resolution repealing Resolution No. 1967 and adopting a revised Fire Department fee schedule. Pg.47 Pg.77 Pg.79 Pg.103 4. NEW BUSINESS For discussion of Consent Agenda items only, if necessary. 5. ADJOURNMENT This agenda is available at www.tukwilawa.gov, and in alternate formats with advance not ice for those with disabil ities. Remote Tukwila Council meetings are audio taped (and video taped as of 9/14/20). Available at www.tukwilawa.gov) KING COUNTY COUNTYWIDE PLANNING POLICIES & GROWTH TARGETS 1/25/21 PRESENTATION TO THE KING COUNTY RURAL AREA ORGANIZATIONSPRESENTATION FOR TUKWILA CITY COUNCIL 1 TONIGHT’S AGENDA GMA Overview The Growth Management Planning Council (GMPC) The Countywide Planning Policies Growth Targets Schedule 2 2 IMPLEMENTING THE GROWTH MANAGEMENT ACT 3 3 GROWTH MANAGEMENT PLANNING COUNCIL (GMPC) Established in 1992 via Interlocal Agreement Convened by the King County Executive Members representing: King County, City of Seattle, Sound Cities Associations Ex-Officio members representing: Special Purpose Districts, School Districts, Port of Seattle Oversee the Countywide Planning Policies including: the UGA, Growth Targets, policies for topics of a countywide nature that cross jurisdictional lines Make recommendations to the King County Council Ratification: after approval and ratification by the King County Council, approval of amendments within 90 days by county & cities representing at least 70% of the population and 30% of those jurisdictions 4 4 ABOUT THE COUNTYWIDE PLANNING POLICIES Countywide Planning Policies establish: Guidance for the comprehensive plans Urban growth area boundary Criteria for revising growth boundary Growth targets for each jurisdiction Criteria for defining urban centers and manufacturing/industrial centers Policies for issues of a countywide nature 5 5 WHY UPDATE COUNTYWIDE PLANNING POLICIES NOW? VISION 2050 update + Regional Centers Framework New growth targets for 2024 Comprehensive Plans Policy guidance for 2024 Comprehensive Plans Other policy and legislative changes since 2012 Policy recommendations from GMPC’s Affordable Housing Committee 6 6 2044 GROWTH TARGETS Growth Targets Development Process Countywide and Regional Geography allocations Next Steps 7 7 WHAT ARE GROWTH TARGETS? Growth targets are: A policy statement about the amount of housing and jobs each jurisdiction will plan for in 2024 comprehensive plans Part of the Countywide Planning Policies For the urban area only For at least a 20-year period Created collaboratively by all cities and King County # 8 8 GROWTH TARGET PROCESS Regional Forecast County Growth Projections Regional Geography Allocations City/PAA Growth Target Ranges City/PAA Growth Targets Comp Plans VISION 2050 Regional Growth Strategy County/Local Factors OFM PopHU Process Steps Data Sources 9 9 GROWTH TARGETS KEY ASSUMPTIONS + PROCESS Data Source: PSRC Regional Forecast Assumptions: Central Puget Sound counties have agreed to use this forecast for growth target setting Regional Population and Job Growth 2019-2044: Regional Forecast Population Growth Job Growth Region 1,321,700 884,450 10 1 0 GROWTH TARGETS KEY ASSUMPTIONS + PROCESS Data Source: County growth share from VISION 2050 Regional Growth Strategy Assumptions: Apply growth share to regional forecasted growth 2019-2044 Countywide Population and Job Growth 2019-2044: County Growth Projections Population Growth Share Job Growth Share King County 50% 59% Kitsap County 5%5% Pierce County 21% 17% Snohomish County 25% 19%11 1 1 GROWTH TARGETS KEY ASSUMPTIONS + PROCESS Data Sources: Regional Geography growth shares from VISION 2050 Regional Growth Strategy Demographic data from OFM, Census Bureau Assumptions: Apply RG growth share to countywide growth 2019-2044 Convert population to housing units with household assumptions for each Regional Geography RegionalGeography HousingUnit and Job Growth 2019-2044: Regional Geography Allocations 12 1 2 GROWTH TARGETS KEY ASSUMPTIONS + PROCESS More on Assumptions: Urban Unincorporated King County’s largest potential annexation areas are in High Capacity Transit Communities Cities in the rural area include affiliated PAA Targets are not created for the rural area Household size, vacancy rate, and group quarters assumptions are unique to Regional Geographies, and reflect long-term and recent trends RegionalGeography HousingUnit and Job Growth 2019-2044: Regional Geography Allocations Regional Geography Population Growth Share Job Growth Share Metro Cities 44%46% Core Cities 40%45% High CapacityTransit Communities 11%6% Cities and Towns 5%3% Urban Unincorporated <1%<1% Rural 1%<1% 13 1 3 COUNTYWIDE AND REGIONAL GEOGRAPHY ALLOCATIONS 2019-2044 Growth Metro Core HCT Cities and Towns Urban Unincorporated Population 288,400 261,900 69,650 33,300 3,000 Housing Units 134,500 112,850 29,950 14,000 1,300 Jobs 223,500 222,800 28,750 12,950 700 *Regional Growth Strategy Rural area growth: 4,200 Housing Units, 2,150 Jobs King County 2019-2044 Population 660,850 Housing Units 296,800 Jobs 490,850 14 Regional Geography Allocations County Growth Projections 1 4 COUNTYWIDE PLANNING POLICIES MILESTONES AND ADOPTION 15 CPP Public Review Draft GMPC Approval King County Council Adoption City Ratification March 2021 June 2021 3Q 2021 4Q 2021 1 5 WHAT DOES THIS MEAN FOR TUKWILA? In 2014 the housing target for Tukwila was set at 4,850 and jobs target was 17,550. Recently completed Buildable Lands Analysis have an updated housing capacity of 7,255 and job capacity of 20,550. Next steps will be setting Tukwila’s target. These will be based on PSRC’s forecast and King County’s allocation for core cities. We will taking a deeper dive into the numbers with the City Council to come up with targets for Tukwila. This item is scheduled for the Planning and Community Development Committee next month. We will provide initial input. There will be additional opportunities to comment during KC public comment. Final action by Tukwila City Council will be ratification of County Wide Planning Policies Tukwila’s targets will inform Comprehensive Planning work in 2024. 16 1 6 ITEM INFORMATION STAFF SPONSOR: RACHEL BIANCHI ORIGINAL AGENDA DATE: 01/25/21 AGENDA ITEM TITLE A weekly update on the City’s planning and response to COVID-19 (Coronavirus) CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 01/25/21 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor HR DCD Finance Fire TS P&R Police PW SPONSOR’S SUMMARY The City is actively engaged in regional efforts to address the coronavirus (COVID-19). Staff are providing the Council with updated information regarding the City’s response to COVID-19. REVIEWED BY Trans&Infrastructure CommunitySvs/Safety Finance Com Planning/Economic Dev. LTAC Arts Comm. Parks Comm. Planning Comm. DATE: N/A COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. N/A COMMITTEE N/A COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION MTG. DATE ATTACHMENTS 01/25/21 Coronavirus Report C OUNCIL AGENDA S YNOPSIS ----------------------------------Initials --------------------------------- I TEM N O. Meeting Date Prepared by Mayor’s review Council review 01/25/21 RB 5.A. 17 18 Coronavirus Response Update January 25, 2021 * Denotes All New Content in the Section Essential Services and City Operations With the recent Governor’s order, staff is being extra vigilant to ensure that worksites are being inhabited under the mandated 25% capacity and that City facilities are being utilized only be staff who must report to work in order to complete their jobs. Financial Stability On Monday, December 7, the City Council adopted the proposed budget for the 2021-2022 biennium. The budget, as adopted, includes an increase in service levels for street and park maintenance as well as human services. Noted in the budget video and letter that was presented to City Council on October 5 is the fact that the City is in better financial shape than anticipated in May when various cost-cutting measures were implemented. Due to the early action of the Council and the tremendous sacrifice by our non-represented staff and most of our labor partners, the City is in a good financial condition in 2020. While in May of this year the City initially projected the need to use $4.8 million in contingency in 2020, the proposed Mayor’s budget uses only $700,000 from contingency this year and zero ongoing contingency in 2021 and 2022. Even with utilizing this amount of contingency on a one-time basis, the City still approaches 2021 and 2022 with contingency and reserve funds higher than the Council’s adopted policies. Police Staffing and Calls for Service There have been no changes to Police staffing since the last report. Fire Staffing and Calls for Service There have been no changes to Fire staffing since the last report. * Human Services Human Services has assisted eight new households (18 individuals) since the last report with $8,200 in rental assistance ($4800 in HB 1406 rental assistance funds, $3400 in HS general funds with contracted a gencies). Staff has several families at various stages of the intake process at this time. Since our last report, staff spoke with 20 households in need of rental assistance. The ranges of back owing rent were $600 to $5200. 6 households owed between $600-1100, 10 households owed $1200-2400, 3 households owed $2500- 3000 and one household owed over $3000. In 2020, Tukwila Pantry reported that they had distributed 2,790,655 pounds of food to Tukwila and surrounding communities. Almost 82% (2,301,783 pounds) was distributed specifically to Tukwila residents. King County is estimated to received between $100-$200 million in rental assistance funds. No program delivery system has been identified, but EP RAP is a strong contender. Rollout is expected in February. * Business Recovery Business Re-Openings and Closings On January 5, Governor Inslee announced a new COVID-19 phased recovery plan called “Healthy Washington – Roadmap to Recovery” [link to: https://www.governor.wa.gov/sites/default/files/HealthyWashington.pdf ], which began on January 11. The State now follows a regional recovery approach with every region starting in Phase 1. Tukwila is in 19 the Puget Sound Region, which includes King, Pierce, and Snohomish counties. Each week, a region’s phase will be determined by the State’s Department of Health (DOH) based on four metrics. To go from Phase 1 into Phase 2, a region must meet four metrics: 1. A decreasing trend of at least 10% in the rate of new COVID-19 cases 2. A decreasing trend of at least 10% in the rate of new COVID-19 hospital admissions 3. Hospital Intensive Care Unit (ICU) beds occupancy rate less than 90% (including non-COVID cases) 4. COVID-19 test positivity rate less than 10% Once in Phase 2, a region can remain in that phase if it meets three of the following four metrics: 1. A decreasing or flat trend in the rate of new COVID-19 cases 2. A decreasing or flat trend in the rate of new COVID-19 hospital admissions 3. Hospital Intensive Care Unit (ICU) beds occupancy rate less than 90% (including non-COVID cases) 4. COVID-19 test positivity rate less than 10% Regions that fail to meet the second set of metrics will be moved back to Phase 1. The metrics for each region will be updated on a Risk Assessment Dashboard [link to: https://coronavirus.wa.gov/what-you-need-know/covid-19-risk- assessment-dashboard] every Friday and regions will moving into the new phase (forward or backward) the following Monday. Following are the metrics for the Puget Sound region. As of 1/18/21 we met three of the four metrics. We were prevented from moving into Phase 2 by the trend in the rate of new hospital admissions. Our trend was a decrease of 3% but the criteria is a decrease of at least 10%. If the trends continue, economic development staff anticipates our region moving into Phase 2 within a few weeks. Puget Sound Region: Healthy Washington Roadmap to Recovery Phase Week starting: 1/11/2021 1/18/2021 Phase: Phase 1 Phase 1 Trend in the rate of new COVID-19 cases -27% -13% Trend in the rate of new COVID-19 hospital admissions +1% -3% Hospital ICU beds occupancy rate 83% 85% COVID-19 test positivity rate 7% 7% Notes: 1) Unshaded cells indicate we are meeting the goal to move into Phase 2 2) Shaded cells indicate we are NOT meeting the goal to move into Phase 2 3) Data is from the Roadmap to Recovery Reports available at: https://coronavirus.wa.gov/what-you-need- know/covid-19-risk-assessment-dashboard The allowed activities under the new Phase 1 which became effective on January 11 are very similar to those activities that Tukwila has been operating under for the past few weeks. The main exceptions are that some new activities are allowed (under very tight limits). These include indoor recreation and fitness, outdoor sports and fitness, museums, indoor entertainment, and outdoor entertainment. In general, indoor activities of retail, professional services, personal services, and worship services are permitted up to 25% of capacity. Indoor dining is prohibited in Phase 1; however, if the indoor space has one or more permeable walls enabling sufficient air circulation, dining is permitted up to 25% occupancy. Outdoor dining continues to be permitted with restrictions. Once we enter Phase 2, indoor card room seating, indoor restaurant seating, museums, and indoor fitness will be permitted up to 25% capacity with other restrictions. 20 Business Assistance Work continues on Experience Tukwila, the Great Tukwila Carry-Out, SavingLocalKC.com, Southside Promise, and collaborating with the Chamber and other regional organizations. Staff sent two emails to all Tukwila businesses. The first provided information on the new phasing plan. The second provided information on the new federal Paycheck Protection Program including resources. The Federal government is investing $284 billion into the Paycheck Protection Program and revised regulations to make the program better for small businesses. Loans under $150,000 are forgivable which is a very significant opportunity for most very small businesses. Unemployment The unemployment data report will be included monthly. Data for November was included in the Council’s 1/4/21 agenda packet. On December 27, 2020 new federal funding through the CARES Act was signed into law. It provides expanded unemployment benefits through March 13, 2021. These include regular unemployment benefits and related extensions such as Pandemic Emergency Unemployment Compensation (PEUC) and Extended Benefits (EB). The new law also extends the Pandemic Unemployment Assistance (PUA), which benefits people who do not qualify for regular unemployment such as self-employed people and independent contractors. It also created the Federal Pandemic Unemployment Compensation (FPUC) which provides an extra $300 per week for eligible claimants who are receiving benefits from any unemployment program. Per the Council’s request on January 11, 2021 regarding publishing information on employment resources for community members that have been affected by job loss or reduced hours due to COVID, staff is working to identify the best resources to share and expects to do so in the next weekly update, as well as on the City’s website and social media accounts. * Meeting our Community’s Basic Needs Tukwila Food Pantry  1/12 - 386  1/14 - 685  1/16 - 436  1/19 - 603 National Guard personnel is expected to stay on with the Pantry until March 2021 with a possibility of extending to June 2021. Senior Meal Distribution: The second meal distribution of the year included: 408 meals served to 55 households that included 67 residents. The Fitness Room at the Tukwila Community Center reopened on Tuesday, January 19, 2021. Updated guidelines further restrict capacity in the fitness room (prior to November 17, five people could work out in the room. Now, 4 four people can be in the room at once. To accommodate more patrons, staff converted two additional spaces into small fitness areas w/ cardio and weight equipment. Those areas can each host one person. Updated guidelines for participation are as follows: 21 The following guidelines must be followed in Phase 1.  No more than 1 person per 500 sq. feet per room.  A minimum of 6 feet of physical distance must be maintained at all times.  Face Coverings must be worn at all times.  Restrooms will be open for bathroom use and handwashing only.  Appointments must be made in advance and can be made online. The Park n’ Play youth meal and recreation activity kit distribution started again on January 11 th. The follow was served: Meals: 190 Breakfasts: 100 Snacks: 100 Activity Kits: 311 Masks: 89 Overall attendance: 129 Public Safety Plan Construction Projects There have been no changes to the Public Safety Plan projects since the last report. Compliance with the Governor’s Order There have been no changes to compliance issues since the last report. * Covid-19 Testing Sites Below are the three current nearest testing sites in/to Tukwila. For more information on free testing sites in King County, visit https://www.kingcounty.gov/depts/health/covid-19/testing.aspx  Tukwila Pantry, testing is no longer being offered at the Tukwila Pantry  Highline College, Wednesdays 7 a.m. to 2 p.m.  Church by the Side of the Road, beginning Tuesday, October 6, 2020, 8:30 to 5:30 Monday through Saturday.  Abu Bakr Islamic Center expects to offer free testing once a month. The following are the number of individuals tested over the past week at the Church by the Side of the Road. This is a regional testing facility drawing individuals from across south King County. Positive rates for the prior weeks was hovering around 18.5%. All testing locations in the region are seeing a significant surge in the number of people requesting tests. King County has contracted with off-duty officers to provide traffic management along Tukwila International Boulevard and Military Road to mitigate traffic impacts in the neighborhood.  1/19 – 266 individuals tested  1/18 – 524 individuals tested  1/17 – closed  1/16 – 273 individuals tested  1/15 – 328 individuals tested  1/14 – 311 individuals tested  1/13 – 351 individuals tested 22 For the period of January 5 – January 11, the last data available, the testing site at the Church by the Side of the Road was seeing a 14.3% positivity rate. Additional information on the testing site at Church by the Side of the Road: Hours of operation M-Sat 9:30-5:30. Sundays Vaccine only and Appointment only for First Responders or other Level 1A personnel. On most days we accept everyone regardless of an appointment. Allowing everyone equal access to testing is very important to CHI Franciscan and King DOH. Some days if we get busy we will direct non-appointments into a parking lot and have them use our walk-up tent. On rare occasions if we become overwhelmed, we will go "Appointment Only." If this happens, we change the message on our Variable Message Boards and update this on the KC DOH website. As an alternative the Park and Walk Covid Testing Site at Highline College will be the next testing option for people needing a test. Firefighter Cathy Browning will be operating the Covid-19 Test Site beginning 1/6. Jeff Nichols will assist with training and his last day will be 1/7. When Cathy is not on site she will have Capt. Bill Austin fill-in and he is from VRFA. To sign up go to https://www.kingcounty.gov/depts/health/covid-19/testing.aspx If you are unable to sign up, walk-up to the site and we can assist whoever needs help. We have 2 Variable Message Boards Located 1 block north and 1 block south of 148th. The purpose and value of the signs provided visible notice of when to turn. The testing site is difficult to find from T.I.B. The message boards also provides hours of operation and when the site is "Appt Only". At this time, we do not know how long the site will operate. At this time, the contract was approved until April. It is anticipated that the Testing Site will operate as a vaccine site once more vaccines become available. Other information is that CHI and King County DOH operate the testing site. It is important them to be good neighbors and provide a valuable service. In the beginning we did have traffic issues to resolve so we responded by implementing Full-time traffic control officers and being much more efficient at testing. 23 * Public Health – Seattle & King County Covid-19 Outbreak Summary – Tukwila 24 ITEM INFORMATION STAFF SPONSOR: BRANDON MILES ORIGINAL AGENDA DATE: 1/25/21 AGENDA ITEM TITLE Approval of Lodging Tax Funding Request for Global to Local (Spice Bridge) in the amount of $5,000.00. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 1/25/21 Mtg Date 2/1/21 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Admin Svcs DCD Finance Fire P&R Police PW SPONSOR’S SUMMARY Global to Local has requested funding to support the development of digital marketing assets for the Spice Bridge International Food Hall, located at Tukwila Village. Global to Local would like to use the City’s funds to build out digital assets for Spice Bridge, including a website and to enhance its social media presence. The Lodging Tax Advisory Committee reveiwed and recommending approval of the request at its January 8, 2021 meeting. REVIEWED BY Trans&Infrastructure Svcs Community Svcs/Safety Finance & Governance Planning & Community Dev. LTAC Arts Comm. Parks Comm. Planning Comm. DATE: LTAC, 1/8/21 COMMITTEE CHAIR: KRULLER RECOMMENDATIONS: SPONSOR/ADMIN. Mayor's Office COMMITTEE N/A, straight to full council. COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $5,000 $150,000 $N/A Fund Source: LODGING TAX (101 FUND) Comments: No general fund dollar will be used for this funding application. MTG. DATE RECORD OF COUNCIL ACTION 1/25/21 2/1/21 MTG. DATE ATTACHMENTS 1/25/21 Informational Memorandum dated 1/13/21. Global to Local Lodging Tax Application. City Staff Report to Lodging Tax Advisory Committee. 2/1/21 COUNCIL AGENDA SYNOPSIS ----------------------------------Initials --------------------------------- ITEM NO. Meeting Date Prepared by Mayor’s review Council review 1/25/21 BJM 2/1/21 BJM 5.B. 25 26 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Planning and Community Development FROM: Brandon Miles, Business Relations Manager CC: Mayor Ekberg DATE: January 13, 2021 SUBJECT: Lodging Tax Funding Requests ISSUE Review of a lodging tax funding request for Global to Local (Spice Bridge) in the amount of $5,000.00. BACKGROUND The City collects a 1% lodging tax on certain qualifying overnight stays in paid accommodations (hotels/motels/Airbnb) in the City. State law limits the use of these funds to tourism promotion1. There is currently just over $1 million in lodging tax funds available for use. The City’s Lodging Tax Advisory Committee (LTAC) reviews all requests for use of lodging tax funds. LTAC then forwards a list of recommended applications to the City Council for its review and consideration. If LTAC does not recommend an application be funded, that application is not forwarded to the City Council. The City Council may approve or deny any of the applications recommended by the LTAC. The City Council may also approve an application and increase or decrease the dollar amount awarded2. The City accepts applications on a rolling basis, with the LTAC reviewing requests monthly. Pending Applications Following its January 8, 2021 meeting, LTAC recommended approval of a lodging tax request from Global to Local in the amount of $5,000.00 to support digital marketing for Spice Bridge. 1 RCW 67.28.080 (6) defines “tourism promotion” as “…activities, operations, and expenditures designed to increase tourism, including but not limited to advertising, publicizing, or otherwise distributing information for the purpose of attracting and welcoming tourists; developing strategies to expand tourism; operating tourism promotion agencies; and funding the marketing of or the operation of special events and festivals designed to attract tourists.” 2 On August 17, 2016, the Washington State Attorney General’s Office issued an informal opinion regarding whether a municipality could change the dollar amounts recommended by the local lodging tax advisory committee. Specifically, the informal opinion states: “When awarding lodging tax revenues pursuant to RCW 67.28.1816(2)(b)(ii), a municipality may award amounts different from the local lodging tax advisory committee’s recommended amounts, but only after satisfying the procedural requirements of RCW 67.28.1817(2), according to which the municipality must submit its proposed change to the advisory committee for review and comment at least forty-five days before final action on the proposal.” 27 INFORMATIONAL MEMO Page 2 1. Global to Local ($5,000.00) Overview Global to Local has requested funding to support the development of digital marketing assets for the Spice Bridge International Food Hall, located at Tukwila Village. Spice Bridge is a one-of-a- kind dining experience in the Greater Seattle region. Since it opened in the fall of 2020 Spice Bridge has received significant media coverage. As a non-profit, Global to Local has limited funds available to be used for marketing activities. Global to Local would like to use the City’s funds to build out digital assets for Spice Bridge, including a website and to enhance its social media presence. Global to Local is hoping to use the City’s lodging tax funds as a match to secure additional funds from the Port of Seattle. Staff Analysis Spice Bridge has provided a great dining option in Tukwila. While Tukwila has many unique, ethnic dining options, the City is often viewed as having dining experiences dominated by national chain restaurants. Spice Bridge helps to change the conversion about dining in Tukwila. It has received significant positive media attention, including being featured by the Seattle Times Food section, since it opened. Staff believes that Spice Bridge could serve as a major destination to help draw more people to the City and to help improve the City’s overall brand within the region. LTAC Recommendation on Application: Do Fund Staff Recommendation on Application: Do Fund FINANCIAL IMPACT The total request for lodging tax funds is $5,000.00. No general fund dollars will be used. The six-year Tourism Financial Plan approved by the City Council in December of 2020 allocated a total of $150,000 in lodging tax funding for sponsorships in 2020. 2020 Tourism Financial Plan Allocation Sponsorships: $150,000.00 Global to Local Request: ($5,000.00) Remaining Sponsorship Funds: $145,000.00 RECOMMENDATION Staff recommends that the City Council approve the funding request and forward the request to the February 1, 2021 consent agenda. ATTACHMENTS 1. Global to Local Lodging Tax Application. 2. City Staff Report to Lodging Tax Advisory Committee. 28 Application to the City of Tukwila for Use of 2021 Lodging Tax Funds Event or Activity Name (if applicable): Spice Bridge Amount of Lodging Tax Requested: $5,000 Applicant Organization: Global to Local Federal Tax ID Number: 27-3133200 Mailing Address: 2800 S 192nd St, Seattle, WA 98188 Primary Contact Name: Kara Martin Primary Contact Phone: 206-850-2877 Primary Contact Email Address: kara@foodinnovationnetwork.org Check all the service categories that apply to this application: Tourism promotion or marketing. Operation of a special event or festival designed to attract tourists. Operation of a tourism-related facility owned or operated by a non-profit organization. Operation and/or capital costs of a tourism-related facility owned by a municipality or a public facilities district. Check which one of the following applies to your agency: Non-Profit (Note: Attach a copy of your current non-profit corporate registration from the Washington Secretary of State Office) Municipality For Profit Corporation I am an authorized agent of the organization/agency applying for funding. I understand that:  I am proposing a tourism-related service for 2021. If awarded, my organization intends to enter into a services contract with the City; provide liability insurance for the duration of the contract naming the City as additional insured and in an amount determined by the City; and file for a permit for use of City property, if applicable.  My agency will be required to submit a report documenting economic impact results in a format determined by the City. Signature: Date: 1/7/21 29 Page 2 of 6 1) Describe your tourism-related activity or event. Spice Bridge is a global food hall that opened in Tukwila Village fall 2020. Spice Bridge features eight rotating vendors cooking and selling food from around the world. The vendors at Spice Bridge offer cultural dishes not available elsewhere in the region. Spice Bridge has received significant earned media and high customer ratings on the food and overall experience at Spice Bridge. To enhance and attract more visitors, we are requesting funds to build out a Spice Bridge website and launch a social media campaign. The website will share the Spice Bridge story, including meeting all the vendors, how to visit and order food, tasting guides, along with suggestions to have a Tukwila experience with other activities. In addition, targeted social media ads will help drive visitors to the website and Spice Bridge. 1) If an event, list the event name, date(s), and projected overall attendance. N/A 2) Is your event/activity/facility focusing on attracting overnight tourists, day tourists, or both? Attracting day tourists and encouraging hotel guests in the Greater Seattle area to visit. 3) Describe why visitors will travel to Tukwila to attend your event/activity/facility. Spice Bridge offers foods from around the world all in one place and a new dining experience daily. Visitors can taste, learn about, and celebrate cultural food traditions from Cambodian to Zanzibari. Due to COVID restrictions, Spice Bridge vendors are open for takeout, delivery and outdoor dining with indoor dining to open post-COVID. Visitors will also enjoy cultural art and music. We are working with local artist, Hoa Hong, for a permanent installation and have rotating art and poetry on display by Foster High School students from the Stories of Arrival project. 4) Describe the geographic target of the visitors you hope to attract (locally, regionally, nationally, and/or internationally). Our goal is to reach local and regional visitors. The earned media has drawn visitors from Everett to Portland. We have received some earned media in national outlets as well and there is potential for a draw among visitors interested in food destinations. The vendors at Spice Bridge offer cultural dishes not available elsewhere in the region. 5) Describe the prior success of your event/activity/facility in attracting tourists. 30 Page 3 of 6 Spice Bridge and the vendors have received a lot of buzz in the media (full round-up here), including stories from the Seattle Times, Seattle Refined, and KIRO 97.3. We saw a significant spike in visits when features came out in regional newspapers, TV and radio stations. 6) If this your first time holding the event/activity/facility provide background on why you think it will be successful. While Spice Bridge is newly opened, our program operates the Tukwila Village Farmers Market and hosts Community Kitchen Dinners (80-100 people per dinner) which have been well attended with positive feedback. 7) Describe the media strategy you employ to promote your event/activity/facility to attract overnight and/or day tourists? Please list any digital or print media (newsletters, e-blasts, social media, etc.) your agency uses or intends to use to promote your event/activity/facility. Our earned media strategy has garnered stories in dozens of local media outlets, including KIRO 7, KING 5 Evening, Seattle Refined, KUOW, Seattle Eater, and a major feature in the Seattle Times. Spice Bridge has also been highlighted in national outlets including Zagat and Fodor's, and we are currently developing a story with Forbes." We promote Spice Bridge through Facebook, Instagram and regular e-blasts. We currently have a webpage on Spice Bridge on our program website, however, it is challenging to navigate and can provide a confusing experience in understanding and visiting Spice Bridge. A website dedicated to Spice Bridge will significantly attract visitors and enhance their overall experience. Facebook @spicebridge Instagram @spicebridgefoodhall Webpage – www.foodinnovationnetwork.org/food-hall 8) Describe how you will promote lodging establishments, restaurants, retailers, and entertainment establishments in the City of Tukwila. We would like to include itineraries or “day-trip” experiences for visitors. We would highlight other experiences one could have in the area. We would collaborate with Experience Tukwila and Southside RTA to highlight these experiences. 9) Is the City able to use your digital and print media for collaborative marketing? Yes 10) Describe how you will use the name, “Tukwila” in publications, promotions, and for your event? 31 Page 4 of 6 Tukwila (including Experience Tukwila) will be listed as a partner and directly linked to in our promotions. 11) Measurements and Metrics (Note: You will be required to report these metrics as part of the close out of the agreement between your organization and the City.) These estimates are based on current visitor traffic at Spice Bridge since opening in September 2020. Since we opened during COVID and have not been able to accommodate indoor dining, we anticipate these numbers will increase as restrictions are removed. As a direct result of your proposed tourism-related service, provide an estimate of: a. Overall attendance at your proposed event/activity/facility. 12,000 annually b. Number of people who will travel fewer than 50 miles for your event/activity. 8,000 annually c. Number of people who will travel more than 50 miles for your event/activity. 4,000 annually d. Of the people who travel more than 50 miles, the number of people who will travel from another country or state. 10% e. Of the people who travel more than 50 miles, the number of people who will stay overnight in Tukwila. 5% f. Of the people staying overnight, the number of people who will stay in PAID accommodations (hotel/motel/bed-breakfast) in Tukwila. 3% g. Number of paid lodging room nights resulting from your proposed event/ activity/facility (for example: 25 paid rooms on Friday and 50 paid rooms on Saturday = 75 paid lodging room nights) NA 32 Page 5 of 6 12) What methodologies did you use to calculate the estimates and what methodologies will you use to track outcomes, such as total participants, estimated visitor spending, etc.? We are working with vendors to track where visitors come from (by zip code) through their sales reports. We will also use social media and website analytics to track where there is interest. 13) Are you applying for lodging tax funds from another community? If so, which communities and in what amounts? We have received two 4Culture grants funded through lodging tax funds. An Art Project grant is supporting the installation of the “Faces of the Community” exhibit by Hoa Hong, a Tukwila- resident. A Capacity Building grant is supporting the closing of our capital campaign. 14) Are you applying funding from Seattle Southside Regional Tourism Authority (SSRTA)? If so, in what amount? No, though we have been collaborating with SSRTA on tourist campaigns including #DoSomethingNearby. 15) What is the overall budget for your event/activity/facility? What percent of the budget are you requesting from the City of Tukwila? Our total budget is $15,000. We are applying to Port of Seattle’s Tourism Marketing Support Program that requires a 2-to-1 match. We are requesting a $5,000 award from City of Tukwila that could leverage a $10,000 award from the Port. 16) What will you cut from your proposal or do differently if full funding for your request is not available or recommended? We will scale down the costs toward the website design, which may reduce some of the features/add-ins. Applications are considered on a rolling basis. Please contact staff to discuss the process for having the application reviewed by the City’s Lodging Tax Advisory Committee. Completed applications should be submitted to: Lodging Tax Advisory Committee 33 Page 6 of 6 c/o Brandon Miles City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 Or, Brandon.Miles@Tukwilawa.gov Questions? LTAC Contact: Brandon J. Miles (206) 431-3684 Brandon.Miles@Tukwilawa.gov. Updated: January 5, 2021 34 City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Staff Memorandum Lodging Tax Advisory Committee Funding Request Name of Applicant: Global to Local (Spice Bridge) Address: 2800 S. 292nd St, Seattle, WA 98188 (Global to Local) 14200 Tukwila International Blvd (Spice Bridge) Total Funds Requested: $5,000 About the Applicant: Spice Bridge is a global food hall that opened in Tukwila Village fall 2020. Spice Bridge features eight rotating vendors cooking and selling food from around the world. The vendors at Spice Bridge offer cultural dishes not available elsewhere in the region. Spice Bridge is operated by Global to Local, those mission: “Is to advance health equity and improve health in U.S. communities through application of best practices from around the world. We develop programs and interventions to improve health, lower the cost of care, and empower underserved communities across the country. Communities affected by health disparities are diverse and include women, people of color, people experiencing poverty, immigrants, and refugees. Disparities exist both in rural and urban spaces. Our objective is to adapt programs on a local level, share our learnings, and replicate our work across organizations and clinics nationwide.” Funds Previously Awarded: None, first time applicant. Funding Request Narrative: Spice Bridge has received significant earned media and high customer ratings on the food and overall experience at Spice Bridge. To enhance and attract more visitors, we are requesting funds to build out a Spice Bridge website and launch a social media campaign. The website will share the Spice Bridge story, including meeting all the vendors, how to visit and order food, tasting guides, along with 35 City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 suggestions to have a Tukwila experience with other activities. In addition, targeted social media ads will help drive visitors to the website and Spice Bridge. Spice Bridge is request a total of $5,000 in funds from the City of Tukwila and is hoping to use the funds as a match to secure additional funds from the Port of Seattle. The final scope of work will be scaled based upon the final allocation of funds. Staff Comments: Spice Bridge is a one of kind dining destination in the City’s Tukwila International Blvd Neighborhood. Since it opened in the fall, Spice Bridge has received significant positive media attention about it’s unique dining experience. The small amount of funds requested by Spice Bridge will help them amplify their marketing and bring more people to the City to visit. In addition, Spice Bridge helps with the City’s overall goals of branding the City as a great place to visit. Consistency with Six Year Financial Model: For 2021, the Six Year Financial Plan shows the City spending $150,000 for sponsorship, such as this. There will be sufficient funds remaining in the budget for other 2021 sponsorships. Sponsorship Funds Provided in Six Year Financial Plan: $150,000 Spice Bridge Request ($5,000) Remaining Funds: $145,000 City of Tukwila Staff Recommendation to LTAC: Approval Notes: None. 36 ITEM INFORMATION STAFF SPONSOR: JERRY E HIGHT ORIGINAL AGENDA DATE: 01/11/21 AGENDA ITEM TITLE Adoption of Washington State 2018 International Building Codes CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 01/11/21 Mtg Date Mtg Date Mtg Date 01/25/21 Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor HR DCD Finance Fire TS P&R Police PW SPONSOR’S SUMMARY The State Building Code Council was scheduled to adopt the 2018 Washington State Building Codes with a statewide effective date of July 1, 2020. However, due to COVID the statewide effective date has been changed to February 1, 2021. The Council is being ask to adoptthe 2018 Washing State Building Codes along with amendments noted in the attached ordinance. REVIEWED BY Trans&Infrastructure CommunitySvs/Safety Finance Com Planning/Economic Dev. LTAC Arts Comm. Parks Comm. Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. DEPARTMENT OF COMMUNITY DEVELOPMENT COMMITTEE UNANIMOUS APPROVAL; FORWARD TO REGULAR COUNCIL MEETING COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 01/11/21 Forwarded to next Regular Meeting 01/25/21 MTG. DATE ATTACHMENTS 01/18/21 Informational Memorandum dated 01/11/2021 Ordinance 01/25/21 COUNCIL AGENDA SYNOPSIS ----------------------------------Initials --------------------------------- ITEM NO. Meeting Date Prepared by Mayor’s review Council review 01/11/21 JH 01/25/21 JH Summary of code changes Final ordinance Spec 2.C. 37 38 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2171 §1 (PART), AS CODIFIED AT TUKWILA MUNICIPAL CODE (TMC) SECTIONS 16.04.010, 16.04.020, 16.04.030 AND 16.04.250, TO ADOPT UPDATED STATE BUILDING CODES; REPEALING ORDINANCE NOS. 2539, 2503, 2402, AND 2121; REPEALING ORDINANCE NO. 2171 §1 (PART), AS CODIFIED AT TMC SECTION 16.04.200; REPEALING ORDINANCE NO. 2549 §17, AS CODIFIED AT TMC SECTION 16.04.250; REPEALING ORDINANCE NO. 2326 TO ELIMINATE TMC CHAPTER 16.05 IN ITS ENTIRETY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuantto its municipal authority, the City has adopted certain codes as amended by the State of Washington as the Building and Construction Codes of the City; and WHEREAS, those codes are generally adopted and amended by the State of Washington every three years pursuant to the provisions of RCW 19.27, and municipalities are required to adopt the latest changes by February 1,2021; and WHEREAS, the City Council desires to adopt the 2018 State Building Code and amendments, and other codes as specified herein, as reviewed by the City’s Department of Community Developmentand stated herein; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. TMC 16.04.010 Restated. Ordinance No. 2171 §1 (part), as codified at Tukwila Municipal Code (TMC) Section 16.04.010, “Purpose of Chapter,” is amended to read as follows: 16.04.010 Purpose of Chapter TMC Chapter 16.04 is enacted for the purpose of adopting rules and regulations governing the conditions and maintenance of all property, buildings and structures by providing standardsfor supplied utilities, facilities and other physical things and conditions CC:LegislativeDevelopment\Adopt 2018 Building Code 1-19-21 JH:bjs Review and analysis by Barbara Saxton Page 1 of 7 39 CC:Legislative Development\Adopt 2018 Building Code 1-19-21 JH:bjs Review and analysis by Barbara Saxton Page 2 of 7 essential to ensure that structures are safe, sanitary and fit for occupation and use; governing the condemnation of buildings and structures unfit for human occupancy, and use and abatement of such structures in Tukwila; regulating the issuance of permits and the collection of fees; to help ensure the protection of the health, safety and the general welfare of the public; and governing the creation, construction, enlargement, conversion, alteration, repair, occupancy, use, height, court area, sanitation, ventilation and maintenance of all buildings and structures within this jurisdiction. The purpose of the codes adopted herein is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of these codes. Section 2. TMC 16.04.020 Amended. Ordinance No. 2171 §1 (part), as codified at TMC Section 16.04.020, “Codes Adopted,” is amended to read as follows: 16.04.020 Codes Adopted A. Effective February 1, 2021, the specified editions of the following model codes are adopted by reference as if fully set forth and as numerated in RCW 19.27: 2018 International Building Code with statewide amendments ICC/ANSI A117.1-09, Accessible and Usable Buildings and Facilities, with statewide amendments 2018 International Residential Code with statewide amendments 2018 International Mechanical Code with statewide amendments 2018 International Fuel Gas Code with statewide amendments (part of the International Mechanical Code (IMC) adoption) 2017 Liquefied Petroleum Gas Code (NFPA 58) 2018 National Fuel Gas Code (NFPA 54) (for LP Gas installation only) 2020 National Electrical Code with statewide amendments 2018 Uniform Plumbing Code with statewide amendments, including Appendices A, B and I 2018 Washington State Energy Code 2018 International Existing Building Code with statewide amendments found in the IBC 2018 International Swimming Pool and Spa Code B. The International Building Code, 2018 Edition, as published by the International Code Council and as amended and adopted by the State of Washington. The following amendments are specifically adopted: 1. Work exempt from a building permit. Section 105.2 of the International Building Code, 2018 Edition, is amended to include provisions regarding the following work that is exempt from a building permit: 40 CC:Legislative Development\Adopt 2018 Building Code 1-19-21 JH:bjs Review and analysis by Barbara Saxton Page 3 of 7 a. Work performed by the City of Tukwila and located in City of Tukwila right-of-way; work performed by Washington State Department of Transportation and located in WSDOT right-of-way to include public utility towers and poles, mechanical equipment not specifically regulated in this code, hydraulic flood control structures including levees; provided that any structure or building constructed in a municipal or state right-of-way and intended to be used as any occupancy classification of the State Building Code is not exempt from the provisions of this code or the related permit requirements. b. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet, and such structure is outside of and entirely separated, as prescribed by Code, from any existing building on the premises. c. Fences not over 6 feet high. C. The International Residential Code, 2018 Edition as published by the International Code Council and as amended and adopted by the State of Washington. The following amendments are specifically adopted: 1. Work exempt from a building permit. Section R105.2 of the International Residential Code, 2018 Edition, is amended to include provisions regarding the following work that is exempt from a building permit: a. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet, and such structure is outside of and entirely separated, as prescribed by Code, from any existing building on the premises. b. Fences not over 6 feet high. D. The Uniform Plumbing Code, 2018 Edition, published by the International Association of Plumbing and Mechanical Officials, as amended and adopted by the State of Washington. The following amendments are specifically adopted: 1. All reference to and definition of “authority having jurisdiction” is deemed to refer to and shall mean the City of Tukwila Building Official. 2. Water Supply and Distribution. Cross connection control for premises isolation related to the City’s public water system shall be in accordance with the City of Tukwila Public Works Department's “Development Guidelines and Design and Construction Standards.” Cross connection control for premises isolation related to water purveyors outside of the City of Tukwila water system shall be in accordance with that water purveyor’s policies and standards. 3. Sanitary Drainage. Side sewer, private sewer main extensions beyond a point defined in the plumbing code as the building drain, and required grease interceptors all within the City’s sewer districts shall be in accordance with the City of Tukwila Public Works Department’s “Development Guidelines and Design and Construction Standards,” in conjunction with the Uniform Plumbing Code requirements. Sanitary drainage, side sewers, private sewer main extensions beyond the building drain and grease interceptors 41 CC:Legislative Development\Adopt 2018 Building Code 1-19-21 JH:bjs Review and analysis by Barbara Saxton Page 4 of 7 outside the Tukwila sewer district shall be in compliance with that purveyor’s policies and standards. E. The Washington Cities Electrical Code. Article 80.3 National Electrical Code: The 2020 Edition of the National Electrical Code (NFPA 70) is adopted by reference as if fully set forth. 1. Article 85.11 of the National Electrical Code, sections (A), (B) and (C), is amended entirely and replaced as follows: The authority having jurisdiction within the City of Tukwila shall mean the Building Official, and shall include the Chief Electrical Inspector or other individuals or jurisdictions when designated by the Building Official. All references to “Code Official” shall mean the City of Tukwila Building Official or designee. Section 3. TMC 16.04.030 Restated. Ordinance No. 2171 §1 (part), as codified at TMC Section 16.04.030, “Filing Copies of State Building Codes,” is amended to read as follows: 16.04.030 Filing Copies of State Building Codes The Department of Community Development shall maintain on file not less than one copy of the codes referred to in TMC Section 16.04.020 and the codes shall be open to public inspection. Section 4. TMC 16.04.250 Amended. Ordinance No. 2171 §1 (part), as codified at TMC Section 16.04.250, “Procedures applicable to all construction permits,” is amended to read as follows: 16.04.250 Procedures applicable to all construction permits A. Permit and plan review fees applicable to all construction permits shall be in accordance with the permit fee schedule adopted by resolution of the City Council. B. Work covered without inspection or work not ready at the time of inspection may be charged a re-inspection fee at the hourly rate in accordance with the permit fee schedule adopted by resolution of the City Council. C. Work without a permit. Any person who commences work before obtaining the necessary permits shall be subject to an investigation fee. The investigation fee shall be equal to the established permit fee in accordance with the permit fee schedule adopted by resolution of the City Council. This fee, which shall constitute an investigation fee, shall be imposed and collected in all cases, whether or not a permit is subsequently issued. D. Fee refunds. The Building Official may refund any permit fee paid by the original permit applicant that was erroneously paid or collected. The Building Official may also authorize the refund of not more than 80% of the permit fee when no work has been done under a permit issued in accordance with the code. Where a plan review fee has been collected, no refund will be authorized once it has been determined that the application is 42 CC:Legislative Development\Adopt 2018 Building Code 1-19-21 JH:bjs Review and analysis by Barbara Saxton Page 5 of 7 complete, and the plan review process has commenced. Refund of any permit fee paid shall be requested by the original permit applicant in writing and not later than 180 days after the date of fee payment. E. Expiration of permits and permit applications. All permits issued under the Washington State adopted codes shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after issuance or the work is suspended or abandoned for a period of 180 days after the time the work is commenced. Permits shall have an inspection performed in order to continue to be valid for an additional 180 days. The Building Official may grant a maximum of two permit extensions for periods not more than 180 days each. It shall be the responsibility of the applicant to request a permit application extension. The applicant shall request the extension in writing and demonstrate justifiable cause. F. Reactivating Expired Permit for Final. Expired permits that have completed the inspection process and need only final inspection approval may be reactivated. Reactivation shall require a new permit application, and the fee shall be in accordance with the permit fee schedule adopted by resolution of the City Council. The Building Official may grant one 30-day extension to an expired permit for the purpose of performing a final inspection and closing out the permit as long as not more than 90 days have passed since the permit expired. Provided no changes have been made or will be made in the plans or scope of work, the 30-day extension commences on the date of written approval. If work required under a final inspection is not completed within the 30-day extension period, the permit shall expire. G. Owner-occupied residential remodel permits. Owner-occupied residential remodel permits for projects not exceeding $20,000.00 in valuation are eligible for a flat fee per the following: 1. The flat fee includes all permit and other associated fees in accordance with the permit fee schedule adopted by resolution of the City Council. 2. The valuation will be cumulative during a rolling one-year period. 3. All requirements for submittal documents and inspections are as required for a new house under this section; only the fee is reduced. 4. Projects that exceed the $20,000.00 limit will be subject to the standard permit fees in accordance with the permit fee schedule adopted by resolution of the City Council. H. Appeals. All references to Board of Appeals are amended as follows: Any person, firm or corporation may register an appeal of a decision or determination of the Building Official provided that such appeal is made in writing within 14 calendar days after such person, firm or corporation shall have been notified of the Building Official’s decision. Any person, firm or corporation shall be permitted to appeal a decision of the Building Official to the Tukwila Hearing Examiner when it is claimed that any one of the following conditions exists. 43 CC:Legislative Development\Adopt 2018 Building Code 1-19-21 JH:bjs Review and analysis by Barbara Saxton Page 6 of 7 1. The true intent of the code or ordinance has been incorrectly interpreted. 2. The provisions of the code or ordinance do not fully apply. 3. The decision is unreasonable or arbitrary as it applies to alternatives or new materials. 4. Notice of Appeal procedures shall be in accordance with TMC Section 18.116.030. I. Violations. Whenever the authority having jurisdiction determines there are violations of this code, a Notice of Violation shall be issued to confirm such findings. Any Notice of Violation issued pursuant to this code shall be served upon the owner, operator, occupant or other person responsible for the condition or violation, either by personal service or mail, or by delivering the same to and leaving it with some person of responsibility upon the premises. For unattended or abandoned locations, a copy of such Notice of Violation shall be posted on the premises in a conspicuous place, at or near the entrance to such premises, and the Notice of Violation shall be mailed by registered or certified mail, with return receipt requested, to the last known address of the owner, occupant or both. J. Penalties. Any person, firm or corporation who shall willfully violate or fails to comply with a Notice of Violation is liable for the monetary penalties prescribed in TMC Section 8.45.120.A.2. Section 5. Repealer. Ordinance Nos. 2121, 2402, 2503 and 2539 are hereby repealed. Section 6. Repealer. Ordinance No. 2171 §1 (part), as codified at TMC Section 16.04.200, “Adoption of County Ordinance 451,” is hereby repealed to eliminate TMC Section 16.04.200. Section 7. Repealer. Ordinance No. 2549 §17, as codified at TMC Section 16.04.250, “Procedures applicable to all construction permits,” subsection I, “Violations,” is hereby repealed. Section 8. Repealer. Ordinance No. 2326, as codified at TMC Chapter 16.05, “5- Story Type V-A Buildings,” is hereby repealed to eliminate TMC Chapter 16.05 in its entirety. Section 9. Corrections by City Clerk or Code Reviser Authorized. 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. 44 CC:Legislative Development\Adopt 2018 Building Code 1-19-21 JH:bjs Review and analysis by Barbara Saxton Page 7 of 7 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 and effect February 1, 2021. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this _______ day of ____________________, 2021. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney 45 46 ITEM INFORMATION STAFF SPONSOR: MINNIE DHALIWAL ORIGINAL AGENDA DATE: 01/11/21 AGENDA ITEM TITLE An Ordinance adopting changes to the subdivision code. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 01/11/21 Mtg Date Mtg Date Mtg Date 01/25/21 Mtg Date Mtg Date 01/11/21 Mtg Date SPONSOR Council Mayor HR DCD Finance Fire TS P&R Police PW SPONSOR’S SUMMARY Amend Title 17 and Title 18 of the TMC to update regulations for subdivision procedures to create a process to allow for modifications of preliminary approved subdivision applications; modify the approval process and decision maker for final plats; modify the process and decision maker for approval of subdivision phasing plans; modify the decision maker for approval of extensions to subdivision preliminary plats; and provide for a longer extension periods for preliminary plats that have an approved phasing plan. REVIEWED BY Trans&Infrastructure CommunitySvs/Safety Finance Com Planning/Economic Dev. LTAC Arts Comm. Parks Comm. Planning Comm. DATE: 12/07/20 COMMITTEE CHAIR: MCLEOD RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 01/11/21 MTG. DATE ATTACHMENTS 01/11/21 Informational Memorandum dated 11/25/20 (revised after 12/7 PED Committee mtg) A. Draft Ordinance (revised after 12/7 PED Committee meeting) B. Planning Commission meeting minutes and staff report from November 12, 2020 C. Comment letters from Nancy Bainbridge Rogers on behalf of Segale Properties LLC D. City Attorney Memorandum E. Minutes from the 12/7 PED Committee Meeting COUNCIL AGENDA SYNOPSIS ----------------------------------Initials --------------------------------- ITEM NO. Meeting Date Prepared by Mayor’s review Council review 01/11/21 MD 01/25/21 01/25/21 MD final ordinance Forwarded to next Regular Meeting Spec 3.A. 47 48 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AS CODIFIED IN TUKWILA MUNICIPAL CODE TITLE 17, “SUBDIVISIONS AND PLATS,” AND TITLE 18, “ZONING,” AT THE SECTIONS AS STATED HEREIN, TO INCORPORATE CODE AMENDMENTS PROVIDING A PROCESS TO MODIFY A SUBDIVISION PROJECT AFTER IT HAS RECEIVED PRELIMINARY APPROVAL, TO DELEGATE FINAL PLAT APPROVAL TO THE DIRECTOR OF COMMUNITY DEVELOPMENT, TO CHANGE THE PROCEDURES FOR PHASING OF A SUBDIVISION, AND TO PROVIDE FOR ADDITIONAL EXTENSIONS TO THE PRELIMINARY APPROVAL EXPIRATION OF PHASED SUBDIVISIONS; REPEALING ORDINANCE NOS. 2499 AND 2294; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the rules, regulations, requirements, and standards for subdividing land in the City of Tukwila are contained in Title 17, “Subdivisions and Plats,” of the Tukwila Municipal Code; and WHEREAS, permit application types and procedures, including those for subdividing land in Tukwila, are contained within Title 18, “Zoning,” of the Tukwila Municipal Code; and WHEREAS, the Tukwila Municipal Code (TMC)does not currently provide a process for modification of most types of subdivisions after preliminary approval has been issued and before final approval is provided; and WHEREAS, the need for a process to modify a su bdivision in between the preliminary approval and final approval stages of a project has arisen multiple times, requiring an applicant to withdraw preliminary approved projects in order to make modifications that can at times be mi nor in nature; and WHEREAS, the addition of a process to modify a subdivision in between the preliminary approval and final approval stages will provide City staff and applicants direction on how to address proposed minor and major modifications after a project has received preliminary approval; and CC:\LegislativeDevelopment\Subdivision amendments 1-19-21 JR:bjs Review and analysis by Barbara Saxton Page 1 of 27 49 CC:\Legislative Development\Subdivision amendments 1-19-21 JR:bjs Review and analysis by Barbara Saxton Page 2 of 27 WHEREAS, a 2017 update to Section 58.17.100 of the Revised Code of Washington allows the City Council, by ordinance, to delegate final plat approval to an established planning commission or agency, or to such other administrative personnel; and WHEREAS, TMC Section 17.14.040 outlines the process for review and approval of a proposal to record a subdivision in phases, which currently is tied to final plat review by the City Council; and WHEREAS, the Hearing Examiner is the hearing body that reviews a subdivision preliminary plat (unless there is an associated design review whereby the subdivision preliminary plat public hearing and decision can be combined for review by the Planning Commission); and WHEREAS, a proposal for a phased subdivision can be reviewed by the Hearing Examiner as a Type 3 decision, (or by the Planning Commission as a Type 4 decision if there is an associated design review); and WHEREAS, there is a need to offer a process to modify an approved phasing plan; and WHEREAS, the Tukwila Planning Commission held a public hearing and provided recommendations on amendments to the subdivision procedures in Title 17 and Title 18 of the Tukwila Municipal Code at its November 12, 2020 meeting; and WHEREAS, the Tukwila City Council hereby finds that the amendments set forth herein are in the best interest of the public health, safety, and welfare; and WHEREAS, the Tukwila City Council desires to adopt the amendments to Title 17 and Title 18 as set forth in this ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Adoption of Findings of Fact. The City Council hereby adopts the foregoing recitals and incorporates them herein as support for these amendments. Section 2. Ordinance No. 1833 §1 (part), as codified at Tukwila Municipal Code (TMC) Section 17.08.030, is hereby amended to read as follows: 17.08.030 Preliminary approval A. In order to receive preliminary approval, the applicant shall submit to the Director (as defined in TMC Chapter 18.06) a complete application, in quantities specified by the City, and meet the criteria for approval. 50 CC:\Legislative Development\Subdivision amendments 1-19-21 JR:bjs Review and analysis by Barbara Saxton Page 3 of 27 B. A complete application consists of the following: 1. A completed application on a form provided by the City and fee as identified in TMC Chapter 18.88. 2. A neat and readable plan drawn to a standard decimal (engineer) scale. A survey may be required if it is determined that level of information is needed to ensure the adjustment meets the approval criteria. The plan shall show the following information: a. Property lines, with those that remain in their existing location shown as a solid line, those that are being moved or removed shown as a dashed line, and those that have been relocated shown as a solid line and clearly identified as a relocated line. b. Dimensions of all property lines and area of the lots, before and after the adjustment. c. Location and floor area of all structures on the site, and their setbacks from existing and new property lines. d. Location and purpose of all easements on the site. e. Location, purpose and legal description of any new or extended easements proposed. f. Location of adjacent public roads and points of access from the public road(s) if a lot does not front on a public road; show how and where access is provided. g. Location of existing utilities and utility easements. h. Calculations that demonstrate that required yards of the Uniform Building Code are met. 3. Before and after legal description of the affected lots. C. In order to approve a boundary line adjustment or lot consolidation, the Short Subdivision Committee shall determine the project complies with the following criteria: 1. No additional lots, sites, parcels, tracts or divisions are created. 2. The adjustment will not create non-conforming lots with respect to zoning dimension and area standards, zoning setbacks and lot area coverage standards. 3. The degree of non-conformance on existing non-conforming lots with respect to zoning dimension and area standards, zoning setbacks and floor area ratio are not increased. 4. All lots have legal access to a public road. Existing required private access road improvements and easements are not diminished below subdivision ordinance standards for lots that are served by a private access road. 5. Existing easements for utilities are appropriate for their intended function, or they are extended, moved or otherwise altered to an appropriate location. 6. The adjustment does not create any non-conformities with respect to the Uniform Building Code or any other locally administered regulation. 51 CC:\Legislative Development\Subdivision amendments 1-19-21 JR:bjs Review and analysis by Barbara Saxton Page 4 of 27 D. Minor and major modifications to a preliminary approval. 1. Minor modifications proposed by an applicant after a preliminary approval decision has been issued may be approved by the Director as a Type 1 decision, based on review and recommendations of the Short Subdivision Committee. The Director may include conditions as part of an approval of a minor modification to ensure conformance with the criteria below. Minor modifications are those which: a. Do not increase the number of lots beyond the number previously approved, or which maintain the number of lots, or that decrease the number of lots in the subdivision below the number previously approved. b. Do not decrease the aggregate area of open space, or the design or location of stormwater systems or roadways in the project by 10% or more. c. May realign internal roadways and lot lines, but do not relocate any roadway access point to an exterior street. d. Do not alter the exterior boundaries of the project. e. Are consistent with applicable development standards and will not cause the boundary line adjustment or lot consolidation to violate any applicable City policy or regulation. f. Are consistent with the conditions of the preliminary approval, provided that a minor modification may revise conditions of the preliminary approval so long as the revisions are consistent with the minor modification limitations set by TMC Section 17.08.030.D.a-e. 2. Major modifications are those which, as determined by the Director, are not minor modifications as defined in this code, or either add property or lots or substantially change the basic design, density, open space, or other substantive requirement or provision. If the applicant proposes to make one or more major changes, the revised plan(s) shall be processed as a new application. Section 3. Ordinance No. 1833 §1 (part), as codified at TMC Section 17.12.020, is hereby amended to read as follows: 17.12.020 Preliminary short plat approval A. Application/fees. The following items are required, in quantities specified by the City, for a complete Short Plat application for preliminary approval. Items may be waived if, in the judgment of the Short Subdivision Committee, they are not applicable to the proposal: 1. Items contained in TMC Section 18.104.060. 2. Completed Preliminary Short Plat Application Form as prescribed by the City with fee as identified in TMC Chapter 18.88. 3. Completed Application Checklist. 4. A complete SEPA Checklist application if project is not exempt from SEPA. 5. Complete applications for other required land use approvals. 52 CC:\Legislative Development\Subdivision amendments 1-19-21 JR:bjs Review and analysis by Barbara Saxton Page 5 of 27 6. A vicinity map showing location of the site. 7. A survey prepared to the standards identified in TMC Section 17.04.060. 8. Site and development plans that provide the following information: a. The owners of adjacent land and the names of any adjacent subdivisions. b. Lines marking the boundaries of the existing lot(s) (any existing lot to be eliminated should be a dashed line and so noted). c. Locations of existing and proposed public street rights-of-way and easements and private access easements. d. Location, floor area and setbacks of all existing structures on the site. e. Lot area, lot line dimensions and average widths for each lot. f. Location of proposed new property lines and numbering of each lot. g. Location, dimension and purpose of existing and proposed easements. Provide recorded documents that identify the nature and extent of existing easements. h. Location of any proposed dedications. i. Existing and proposed topography at two-foot contour intervals, extending to five feet beyond the project boundaries. j. Location of any critical areas and critical area buffers (slopes 15% or greater, wetlands or watercourses) on the site. k. Location, size and species of any trees located within a critical area or its buffer or the shoreline zone unless none of these trees are to be removed and their location is not likely to create undue hardship on individual lots with respect to TMC Chapter 18.54, “Urban Forestry and Tree Regulations.” l. Location of existing and/or proposed fire hydrants to serve the project. m. Description, location and size of existing and proposed utilities, storm drainage facilities and roads to serve the lots. n. Expected location of new buildings and driveways, including finished floor elevations of the buildings. 9. Letter of water and sewer availability if the provider is other than the City of Tukwila. B. Review procedures. 1. Referral to Other Departments. Upon receipt of an application for a short subdivision, the Director shall transmit one copy of the application to each member of the Short Subdivision Committee, and one copy to any department or agency deemed necessary. 53 CC:\Legislative Development\Subdivision amendments 1-19-21 JR:bjs Review and analysis by Barbara Saxton Page 6 of 27 2. Short Subdivision Committee Decision. The Short Subdivision Committee may approve, approve with modifications, or deny the application for a short subdivision pursuant to Type 2 permit procedures. No formal meeting of the Committee is required so long as the Chair obtains the recommendations and consent of the other members of the Committee before issuing a decision. C. Criteria for preliminary short plat approval. The Short Subdivision Committee shall base its decision on an application on the following criteria: 1. The proposed Short Plat is in conformance with the Tukwila Comprehensive Plan, and any other such adopted plans. 2. Appropriate provisions have been made for water, storm drainage, erosion control and sanitary sewage disposal for the short plat that are consistent with current standards and plans. 3. Appropriate provisions have been made for road, utilities and other improvements that are consistent with current standards and plans. 4. Appropriate provisions have been made for dedications, easements and reservations. 5. The design, shape and orientation of the proposed lots are appropriate to the proposed use for which the lots are intended and are compatible with the area in which they are located. 6. Appropriate provisions for the maintenance of commonly owned private facilities have been made. 7. The short plat complies with the relevant requirements of the Tukwila Subdivision Ordinance. 8. The short plat complies with the requirements of the Tukwila Zoning Ordinance and other relevant local regulations. D. Minor and major modifications to a preliminary short plat approval. 1. Minor modifications proposed by an applicant after a preliminary approval decision has been issued may be approved by the Director as a Type 2 decision, based on review and recommendations of the Short Subdivision Committee. The Director may include conditions as part of an approval of a minor modification to ensure conformance with the criteria below. Minor modifications are those which: a. Do not increase the number of lots beyond the number previously approved, or which maintain the number of lots, or that decrease the number of lots in the subdivision below the number previously approved. b. Do not decrease the aggregate area of open space, or the design or location of stormwater systems or roadways in the project by 10% or more. c. May realign internal roadways and lot lines, but do not relocate any roadway access point to an exterior street. d. Do not alter the exterior boundaries of the project. 54 CC:\Legislative Development\Subdivision amendments 1-19-21 JR:bjs Review and analysis by Barbara Saxton Page 7 of 27 e. Are consistent with applicable development standards and will not cause the short plat to violate any applicable City policy or regulation. f. Are consistent with the conditions of the preliminary approval, provided that a minor modification may revise conditions of the preliminary approval so long as the revisions are consistent with the minor modification limitations set by TMC Section 17.12.020.D.a-e. 2. Major modifications are those which, as determined by the Director, are not minor modifications as defined in this code, or either add property or lots or substantially change the basic design, density, open space, or other substantive requirement or provision. If the applicant proposes to make one or more major changes, the revised plan(s) shall be processed as a new application. Section 4. Ordinance Nos. 2124 §1 and 1833 §1 (part), as codified at TMC Section 17.14.020, are hereby amended to read as follows: 17.14.020 Preliminary plat A. Decision process. Applications for preliminary plat approval shall be processed as a Type 3 decision (or Type 4 decision when there is an associated design review) subject to the provisions of TMC Section 18.108.030 (or TMC Section 18.108.040). B. Application. The following items are required, in quantities specified by the City, for a complete application for preliminary plat approval. Items may be waived if, in the judgment of the Director, the items are not applicable to the particular proposal: 1. Completed Preliminary Plat Application Form and fee, as identified in TMC Chapter 18.88. 2. Completed Application Checklist. 3. A complete SEPA Checklist application if project is not exempt from SEPA. 4. Complete applications for other required land use approvals. 5. A vicinity map showing location of the site. 6. A survey prepared to the standards identified in TMC Section 17.04.060. 7. All existing conditions shall be delineated. Site and development plans shall provide the following information: a. Owners of adjacent land and the names of any adjacent subdivisions. b. Lines marking the boundaries of the existing lot(s). (Any existing lot to be eliminated should be a dashed line and so noted.) c. Approximate names, locations, widths and dimensions of existing and proposed public street rights-of-way and easements and private access easements, parks and other open spaces, reservations, and utilities. d. Location, floor area and setbacks of all existing structures on the site. e. Lot area, dimensions and average widths for each lot. 55 CC:\Legislative Development\Subdivision amendments 1-19-21 JR:bjs Review and analysis by Barbara Saxton Page 8 of 27 f. Location of proposed new property lines and numbering of each lot. g. Location, dimension and purpose of existing and proposed easements. Provide recorded documents that identify the nature and extent of existing easements. h. Location of any proposed dedications. i. Existing and proposed topography at two-foot contour intervals extending to five feet beyond project boundaries. j. Location of any critical areas and critical area buffers (slopes 15% or greater, wetlands or watercourses) on the site. k. Location, size and species of any trees located within a critical area or its buffer or the shoreline zone unless none of these trees are to be removed and their location is not likely to create undue hardship on individual lots with respect to TMC Chapter 18.54, "Urban Forestry and Tree Regulations." l. Source of water supply, method of sewage disposal, and manner of surface runoff control. m. Location of existing and proposed fire hydrants to serve the project. n. Description, location and size of existing and proposed utilities, storm drainage facilities and roads to serve the lots. o. A survey of existing trees and vegetation with a retention/removal plan for the preservation of significant trees and vegetation. p. Expected location of new buildings, their driveways and finished floor elevations. 8. Letter of water and sewer availability if the provider is other than the City of Tukwila. 9. Two sets of mailing labels for all property owners and tenants (residents or businesses) within 500 feet of the subdivision. 10. Items required by TMC Section 18.104.060 not already listed above. C. Review procedures. 1. Referral to Other Offices. Upon receipt of a complete preliminary plat application, the Director shall transmit a notice of application and one copy of the preliminary plat to each of the following offices, where appropriate: Public Works, Building Division, Fire Department, Police Department, King County Health Department, the appropriate school district, and each public utility agency serving the area in which the property proposed for subdivision is located. 2. Departmental Review. The other interested departments and agencies shall review the preliminary plat and may submit to the Department of Community Development written comments with respect to the preliminary plat decision criteria. 56 CC:\Legislative Development\Subdivision amendments 1-19-21 JR:bjs Review and analysis by Barbara Saxton Page 9 of 27 3. Public Notice and Public Hearing. The process for public notice, hearings, decisions and appeals shall be as provided for Type 3 decisions (or Type 4 decisions if the plat is combined with an associated design review) as identified in TMC Title 18, “Zoning Code.” D. Criteria for preliminary plat approval. The decision-maker shall base its decision on an application for preliminary plat approval on the following criteria: 1. The proposed subdivision is in conformance with the Tukwila Comprehensive Plan and any other City adopted plans. 2. Appropriate provisions have been made for water, storm drainage, erosion control and sanitary sewage disposal for the subdivision that are consistent with current standards and plans. 3. Appropriate provisions have been made for road, utilities and other improvements that are consistent with current standards and plans. 4. Appropriate provisions have been made for dedications, easements and reservations. 5. The design, shape and orientation of the proposed lots are appropriate to the proposed use for which the lots are intended and are compatible with the area in which they are located. 6. The subdivision complies with the relevant requirements of the Tukwila Subdivision and Zoning Ordinances, and all other relevant local regulations. 7. Appropriate provisions for maintenance of privately owned common facilities have been made. 8. The subdivision complies with RCW 58.17.110. E. Minor and major modifications to an approved preliminary plat. 1. Minor modifications proposed by an applicant after a preliminary approval decision has been issued may be approved by the Director as a Type 2 decision, based on review and recommendations of City departments including Public Works, Fire, Building, and Planning. The Director may include conditions as part of an approval of a minor modification to ensure conformance with the criteria below. Minor modifications are those which: a. Do not increase the number of lots in the subdivision beyond the number previously approved, or which maintain the number of lots, or that decrease the number of lots in the subdivision below the number previously approved. b. Do not decrease the aggregate area of open space, or the design or location of stormwater systems or roadways in the subdivision by 10% or more. c. May realign internal roadways and lot lines, but do not relocate any roadway access point to an exterior street from the plat. d. Do not alter the exterior boundaries of the subdivision. 57 CC:\Legislative Development\Subdivision amendments 1-19-21 JR:bjs Review and analysis by Barbara Saxton Page 10 of 27 e. Are consistent with applicable development standards and will not cause the subdivision to violate any applicable City policy or regulation. f. Are consistent with the conditions of the preliminary approval, provided that a minor modification may revise conditions of the preliminary approval so long as the revisions are consistent with the minor modification limitations set by TMC Section 17.14.020.E.a-e. 2. Major modifications are those which, as determined by the Director, are not minor modifications as defined in this code, or either add property or lots or substantially change the basic design, density, open space, and or other substantive requirement or provision. If the applicant proposes to make one or more major changes, the revised plan(s) shall be processed as a new application. Section 5. Ordinance No. 1833 §1 (part), as codified at TMC Section 17.14.030, is hereby amended to read as follows: 17.14.030 Final plat A. Application. The following items are required, in quantities specified by the City, for a complete application for final plat approval. Items may be waived if in the judgment of the Director said items are not applicable to the particular proposal: 1. Completed Application Form and fee as identified in TMC Chapter 18.88. 2. Completed Application Checklist. 3. Copies and one original of the final plat survey in conformance with the standards set forth in TMC Section 17.04.060. 4. A plat certificate from a title insurance company documenting the ownership and title of all interested parties in the plat, subdivision or dedication, and listing all encumbrances. The certificate must be dated within 45 calendar days prior to the date of filing the application for final plat approval. 5. Private covenants intended to be recorded with the plat. 6. Any documentation necessary to demonstrate conditions of preliminary plat approval have been met. 7. King County Assessor’s maps which show the location of each property within 500 feet of the subdivision; two sets of mailing labels for all property owners and tenants (residents or businesses) within 500 feet of the subdivision. 8. Maintenance agreements, easements and other documents ready for recording. 9. Signatures on the following certificates on the face of the plat (when appropriate) from the surveyor that prepared the plat, the King County Treasurer, Seattle- King County Health Department, City of Tukwila Finance Director, Owner’s affidavit and certificate of dedication as identified in TMC Section 17.04.060.B.2. 58 CC:\Legislative Development\Subdivision amendments 1-19-21 JR:bjs Review and analysis by Barbara Saxton Page 11 of 27 B. Final Plat Review Procedures. Applications for final plat approval shall be processed as a Type 2 decision subject to the provisions of TMC Section 18.108.020. 1. Referral to Other Departments and Agencies . The Director shall distribute the final plat to all departments and agencies who received the preliminary plat, and to any other departments, special purpose districts and other governmental agencies deemed necessary. 2. Departmental Approval. The other interested departments and agencies shall review the final plat and may submit to the Department of Community Development written comments with respect to the final plat decision criteria. If the final plat is in order, the Public Works Director shall sign the appropriate certificates on the mylar original. 3. Filing Final Plat. a. Before the final plat is submitted to the Director, it shall be signed by the City Treasurer (Finance Director) and the Director of Public Works. Upon approval by the Director, it shall be signed by the Mayor and attested by the City Clerk. b. The applicant shall file the final plat with the King County Department of Records and Elections. The plat will be considered complete when a copy of the recorded documents is returned to the Director. C. Criteria for final plat approval. In approving the final plat, the Director shall find: 1. That the proposed final plat bears the required certificates and statements of approval. 2. That a title insurance report furnished by the subdivider confirms the title of the land, and the proposed subdivision is vested in the name of the owner(s) whose signature(s) appears on the plat certificate. 3. That the facilities and improvements required to be provided by the subdivider have been completed or, alternatively, that the subdivider has submitted with the proposed final plat a performance bond or other security in conformance with TMC Section 17.24.030. 4. That the plat is certified as accurate by the land surveyor responsible for the plat. 5. That the plat is in conformance with the approved preliminary plat. 6. That the plat meets the requirements of Chapter 58.17 RCW and other applicable state and local laws which were in effect at the time of preliminary plat approval. Section 6. Ordinance No. 1833 §1 (part), as codified at TMC Section 17.14.040, is hereby amended to read as follows: 59 CC:\Legislative Development\Subdivision amendments 1-19-21 JR:bjs Review and analysis by Barbara Saxton Page 12 of 27 17.14.040 Phasing A. Approval of phasing plan. The subdivider may develop and record the subdivision in phases. Any phasing proposal shall be submitted for Hearing Examiner review at the time at which a preliminary plat is submitted. If there is an associated design review application, the phasing proposal and associated preliminary plat may be combined with the design review application and submitted for Planning Commission review. If modifications to an approved phasing plan are proposed, they shall be resubmitted for review by the original preliminary plat decision-maker. Approval of the phasing plan shall be based upon making the following findings: 1. The phasing plan includes all land contained within the approved preliminary plat, including areas where off-site improvements are being made. 2. The sequence and timing of development is identified on a map. 3. Each phase shall consist of a contiguous group of lots that meets all pertinent development standards on its own. The phase cannot rely on future phases for meeting any City codes. 4. Each phase provides adequate circulation and utilities. Public Works has determined that all street and other public improvements, including but not limited to drainage and erosion control improvements, are assured. Deferment of improvements may be allowed pursuant to TMC Chapter 17.24. 5. The first phase submitted for final subdivision approval must be recorded within five years of the date of preliminary plat approval, unless an extension is granted pursuant to TMC Section 17.14.050.B, TMC Section 17.14.050.C and TMC Section 17.14.050.D. Section 7. Ordinance Nos. 2124 §2 and 1833 §1 (part), as codified at TMC Section 17.14.050, are hereby amended to read as follows: 17.14.050 Expiration A. The preliminary plat approval for a subdivision shall expire unless a complete application for final plat meeting all requirements of this chapter is submitted to the Director within five years of the date of preliminary plat approval; provided that the Director may extend a preliminary plat pursuant to this section. B. Time Limitations. Extension(s) shall be requested in writing and are subject to the criteria set forth in TMC Section 17.14.050.C. The extension(s) shall be subject to the following time limitations: 1. Preliminary plats less than 100 acres that receive approval after the effective date of this ordinance shall expire within five years from the date of the preliminary approval; provided that the subdivider has the option of requesting one 1-year extension, for a maximum of six years from the date of the preliminary approval to the date of recording of the final phase. 60 CC:\Legislative Development\Subdivision amendments 1-19-21 JR:bjs Review and analysis by Barbara Saxton Page 13 of 27 2. Preliminary plats greater than 100 acres and that received approval prior to the effective date of this ordinance shall expire within five years from the date of the preliminary plat approval; provided that the subdivider has the option of requesting up to three extensions as follows: the first extension may be for three years, and each subsequent extension for not exceeding two years each. This allows for a maximum of 12 years between the date of the preliminary approval and the date of recording of the final phase. C. Criteria for Granting Extensions. The following criteria shall be used to review an extension request for a preliminary plat approval: 1. A written request for extension is filed at least 30 days before the expiration of the preliminary plat; and 2. Unforeseen circumstances or conditions that are not the result of voluntary actions of the applicant necessitate the extension of the preliminary plat; and 3. Conditions within the subject property or immediately adjacent to the subject property have not changed substantially since the preliminary plat was first approved; and 4. An extension of the preliminary plat will not cause substantial detriment to existing uses in the immediate vicinity of the subject property or to the community as a whole; and 5. The applicant has demonstrated reasonable diligence in attempting to meet the time limit imposed; and 6. The preliminary plat complies with applicable City code provisions in effect on the date the application for extension was made. D. Process for Granting Extensions. Applicant shall request the extension in writing prior to the expiration of the preliminary plat approval. The request shall include discussion of how it complies with the criteria listed under TMC Section 17.40.050.C. The Director shall review and approve requests for an extension of a preliminary plat. The Director shall provide 14-day notice to all parties of record for the preliminary plat approval prior to making the decision on the extension. The Director’s decision will also be provided to all parties of record. E. Appeal Process for Extensions. The Director’s decision regarding the extension request may be appealed to the Hearing Examiner pursuant to TMC Chapter 18.116. The Hearing Examiner shall hold a closed record appeal hearing based on the information presented to the Director. Section 8. Ordinance Nos. 1971 §21 and 1833 §1 (part), as codified at TMC Section 17.20.030, are hereby amended to read as follows: 61 CC:\Legislative Development\Subdivision amendments 1-19-21 JR:bjs Review and analysis by Barbara Saxton Page 14 of 27 17.20.030 General Standards A. Environmental Considerations. 1. Critical Areas. Land that contains a critical area or its buffer as defined in TMC Title 18, or is subject to the flood zone control ordinance as defined in TMC Chapter 16.52, shall be platted to reflect the standards and requirements of the critical areas overlay zone, TMC Chapter 18.45, the planned residential development overlay if required pursuant to TMC Chapter 18.46, and/or the flood zone control ordinance, TMC Chapter 16.52. No lot shall be created that does not contain an adequate building site, given the environmental considerations of the lot and current development standards. 2. Trees. In addition to meeting the requirements of TMC Chapter 18.54, “Urban Forestry and Tree Regulations,” every reasonable effort shall be made to preserve existing trees and vegetation, and integrate them into the subdivision's design. B. Compatibility with Existing Land Use and Plans. 1. Buffer between uses. Where single-family residential subdivisions are to be adjacent to multiple-family, commercial or industrial land use districts, and where natural separation does not exist, adequate landscape buffer strips and/or solid fences for screening shall be provided. 2. Conformity with existing plans. The location of all streets shall conform to any adopted plans for streets in the City. If a subdivision is located in the area of an officially designated trail, provisions may be made for reservation of the right-of-way or for easements to the City for trail purposes. The proposed subdivision shall respond to and complement City ordinances, resolutions, and comprehensive plans. 3. Other City regulations. All subdivisions shall comply with all adopted City regulations. In the event of a conflict, the more restrictive regulation shall apply. 4. Accessory structures. If a subdivision, short plat, or boundary line adjustment in a residential zone would result in an accessory structure remaining alone on a lot, the structure must be demolished before preliminary approval, or the owner must provide a bond or other financial guarantee acceptable to the Director in the amount of 150% of the cost of demolition and assurance that the accessory structure will be demolished if a residence is not built on the lot within 12 months of final approval. C. Streets. 1. Extension. Proposed street systems shall extend existing streets at the same or greater width, unless otherwise approved by the Department of Public Works and authorized by the Director in approval of the plat. Where appropriate, streets shall be extended to the boundaries of the plat to ensure access to neighboring properties. The City’s goal is to have an integrated system of local streets whenever practical. Grading of steep topography may be necessary to achieve this objective. However, in critical areas, the layout and construction of streets shall follow the standards and procedures of the critical areas overlay zone. Dedication of additional right-of-way may be required for a short plat when it is necessary to meet the minimum street width 62 CC:\Legislative Development\Subdivision amendments 1-19-21 JR:bjs Review and analysis by Barbara Saxton Page 15 of 27 standards or when lack of such dedication would cause or contribute to an unsafe road or intersection. 2. Names. All proposed street names or numbers shall be subject to approval by the Department of Community Development. 3. Intersections. Any intersection of public streets, whatever the classification, shall be at right angles as nearly as possible and not be offset insofar as practical. 4. Street layout. Street layout shall provide for the most advantageous development of the subdivision, adjoining areas, and the entire neighborhood. Evaluation of street layout shall take into consideration potential circulation solutions. While it is important to minimize the impact to the topography from creating an integrated road system, improved site development and circulation solutions shall not be sacrificed to minimize the amount of cut and fill requirements of the proposal. Where critical areas are impacted, the standards and procedures for rights-of-way in the critical areas overlay zone shall be followed. 5. Private access roads may be authorized if: a. Allowing private access roads in the area being subdivided will not adversely affect future circulation in neighboring parcels of property; and b. Adequate and reasonable provisions are made for the future maintenance and repair of the proposed private access roads; and c. The proposed private access roads can accommodate potential full (future) development on the lots created; and d. For residential subdivisions, the proposed private access roads do not serve more than four lots nor are more than 200 feet in length. Those access roads 150 feet or greater in length shall have a turnaround built to Fire Department standards. e. For commercial and industrial subdivisions, when private access roads are authorized, there shall be a minimum easement width of 40 feet. With the exception of minimum easement widths, private access roads shall be designed and constructed in accordance with the Department of Public Works standards, and zoning setbacks shall be required as though the easement were a public right-of-way. 6. Public roads. a. Right-of-way and paving widths for public roads shall be based as shown in the following table. The minimum paving and right-of-way width shall be used unless the City Engineer demonstrates a wider width is needed due to site circumstances, including but not limited to topography, traffic volume, street patterns, on-street parking, lot patterns, land use and bike and transit facilities, that justify an increase in width. 63 CC:\Legislative Development\Subdivision amendments 1-19-21 JR:bjs Review and analysis by Barbara Saxton Page 16 of 27 Type of Street Right-of-Way Roadway Pavement Principal Arterial 80 - 100 feet 48 - 84 feet Minor Arterial 60 - 80 feet 36 - 64 feet Collector Arterial 60 - 80 feet 24 - 48 feet Access Road 50 - 60 feet 28 - 36 feet Cul-De-Sac Roadway 40 feet 26 feet Turnaround 92 feet (dia.) 81 feet (dia.) Alley 20 feet 15 feet Private Access Roads Residential 20 feet 20 feet Commercial 40 feet 28 feet b. Design: The design and alignment of all public streets shall conform to the following standards unless otherwise approved by the Department of Public Works: (1) Cul-de-sacs: Cul-de-sacs are not allowed unless there is no reasonable alternative or the cul-de-sac is shown on an officially adopted street plan. When allowed, they shall not exceed a length of 600 feet unless the City determines that adequate alternative emergency access will be provided. (2) Street Grades: Street grades shall not exceed 15%. However, provided there are no vehicular access points, grades may be allowed up to 18%, for not more than 200 feet when: (a) Exceeding the grades would facilitate a through street and connection with the larger neighborhood; (b) The greater grade would minimize disturbance of critical slopes; (c) The Fire Marshal grants approval of the grade transition; and (d) Tangents, horizontal curves, vertical curves, and right-of-way improvements conform to Department of Public Works standards. c. Full width improvement: (1) When interior to a subdivision or a short plat of five or more lots, all publicly owned streets shall be designed and installed to full width improvement as provided below: (a) Shall be graded as necessary to conform to Department of Public Works standards. (b) Shall be of asphaltic concrete according to Department of Public Works standards. (c) Shall have permanent concrete curbs and gutters according to Department of Public Works standards. (d) Shall have storm drains consisting of the proper size pipe and catch basins; sizes to be approved by the Department of Public Works prior to the public hearing for the preliminary plat. 64 CC:\Legislative Development\Subdivision amendments 1-19-21 JR:bjs Review and analysis by Barbara Saxton Page 17 of 27 (e) Shall have sidewalks provided at a minimum width as specified in TMC Chapter 11.12. (2) When interior to a short plat of four or fewer lots, all public streets and all privately owned streets that have the potential to serve five or more lots shall be designed and installed to full width improvement as provided below: (a) Shall be graded as necessary to conform to Department of Public Works standards. (b) Shall be of asphaltic concrete according to Department of Public Works standards. (c) Shall provide storm drainage to be approved by the Department of Public Works. (d) Shall provide sidewalk right-of-way or easements at a minimum width as specified in TMC Chapter 11.12. (e) Shall construct or provide L.I.D. no-protest agreements for permanent concrete curbs, gutters, and sidewalks according to Department of Public Works standards. (f) Shall be dedicated to the City or subject to a binding agreement for future dedication. (3) All privately owned roads that will serve four or fewer houses shall be designed and installed to full width improvement as provided below: (a) Shall be graded as necessary to conform to Department of Public Works standards. (b) Shall be of asphaltic concrete according to Department of Public Works standards. (c) Shall provide storm drainage to be approved by the Department of Public Works. d. Half width improvement: (1) Streets abutting the perimeter of a subdivision or short plat of five or more lots shall provide the full improvements on the half of the street adjacent to the site, provided additional paving may be required to ensure safe and efficient roads exist to serve the subdivision; provided further that there are no physical obstructions to completing the other half of the roadway; and that there is a minimum of 20 feet of paving. (2) If the future grade or alignment of the adjacent public street is unknown and it is not feasible to establish the grade in a reasonable period or the immediate improvement of the street would result in a short, isolated segment of improved street and similar street improvements in the vicinity are unlikely to occur within six years, the City may approve a delay of improvements. The owner(s) must agree to enter into a binding L.I.D. no-protest agreement to further improve the street to full public street standards in the future; however adjacent streets must still be improved to the minimum 65 CC:\Legislative Development\Subdivision amendments 1-19-21 JR:bjs Review and analysis by Barbara Saxton Page 18 of 27 level necessary, in the judgment of the City Engineer, to safely accommodate traffic generated by the proposed subdivision or short plat. (3) Streets abutting the perimeter of a short plat of four or fewer lots shall provide L.I.D. no-protest agreements for construction of frontal improvements on the half of the street adjacent to the site, provided that there is a minimum of 20 feet of paving. D. Utilities. 1. Generally. All utilities designed to serve the subdivision shall be placed underground and, if located within a critical area, shall be designed to meet the standards of the critical areas overlay zone. Those utilities to be located beneath paved surfaces shall be installed, including all service connections, as approved by the Department of Public Works; such installation shall be completed and approved prior to application of any surface materials. Easements may be required for the maintenance and operation of utilities as specified by the Public Works Department. 2. Sanitary sewers. Sanitary sewers shall be provided to each lot at no cost to the City and designed in accordance with City standards. Septic systems may be installed when approved by the Seattle-King County Department of Public Health and when the existing sewer system will not be available to the lot within the life of the preliminary approval. 3. Storm drainage. The storm drainage collection system shall meet the requirements of the City’s stormwater ordinance standards (TMC Chapter 14.28). 4. Water system. Each lot within a proposed subdivision shall be served by a water distribution system designed and installed in accordance with City standards. Locations of fire hydrants and flow rates shall be in accordance with City standards and the Uniform Fire Code. E. Blocks. 1. Length. Residential blocks should not be less than 300 feet nor more than 1,000 feet in length, (600 - 2,000 feet for commercial and industrial areas). Where circumstances warrant for the purpose of implementing the Comprehensive Plan, the Planning Commission may require one or more public pathways of not less than six feet nor more than 15 feet in width, either by dedication or easement, to extend entirely across the width of the block to connect public rights-of-way. 2. Width. Blocks shall be wide enough to allow two tiers of lots, except where abutting a major street or prevented by topographical conditions or size of the property, in which case the Director may approve a single tier. 3. Pedestrian considerations. Blocks, roads and pedestrian improvements shall be designed to provide a safe and convenient pedestrian network. 66 CC:\Legislative Development\Subdivision amendments 1-19-21 JR:bjs Review and analysis by Barbara Saxton Page 19 of 27 F. Lots. 1. Arrangement. Insofar as practical, side lot lines shall be at right angles to street lines or radial to curved street lines. Each lot must have access to a public street that is approved at the time of plat review; however, rather than designing flag lots, access shall be accomplished with common drive easements. 2. Lot design. The lot area, width, shape, and orientation shall be appropriate for the location of the subdivision, for the type of development and land use contemplated, and shall conform with the requirements of the zoning ordinance. 3. Corner lots. Corner lots may be required to be platted with additional width to allow for the additional side yard requirements. G. Landscaping. 1. Each lot within a new subdivision or short plat of five lots or greater shall be landscaped with at least one tree in the front yard to create a uniform streetscape. 2. Landscaping shall conform with Public Work standards. H. Street Signs. The subdivider shall be responsible for the initial cost of any street name or number signs, or street markings, including installation thereof, that Public Works finds necessary for the subdivision. I. Lighting. Street lighting shall conform to the Department of Public Works standards unless the Public Works Director requires alternative fixtures, poles, and/or spacing to contribute to an overall design concept of the subdivision. J. Monumentation. 1. Imprinted monument. All monuments set in subdivisions shall be at least 1/2 inch x 24-inch steel bar or rod, or equivalent, with durable cap imprinted with the license number of the land surveyor setting the monument. 2. Centerline monument. After paving, except as provided in TMC Section 17.20.030.J.5, monuments shall be driven flush with the finished road surface at the following intersections: a. Centerline intersections. b. Points of intersection of curves if placement falls within the paved area; otherwise, at the beginnings and endings of curves. c. Intersections of the plat boundaries and street center lines. 3. Property line monumentation. All front corners, rear corners, and beginnings and endings of curbs shall be set with monuments, except as provided in TMC Section 17.20.030.J.5. In cases where street curbs are concentric and/or parallel with front right-of-way lines, front property line monumentation may be provided by brass screws or concrete nails at the intersections of curb lines and the projections of side property lines. If curb monumentation is used, it shall be noted on the plat, and also that such monumentation is good for projection of line only and not for distance. 67 CC:\Legislative Development\Subdivision amendments 1-19-21 JR:bjs Review and analysis by Barbara Saxton Page 20 of 27 4. Post-monumentation. All monuments for exterior boundaries of the subdivision shall be set and referenced on the plat prior to plat recording. Interior monuments need not be set prior to recording if the developer certifies that the interior monuments shall be set within 90 days of final subdivision construction inspection by the Department of Public Works, and if the developer guarantees such interior monumentation. 5. Post-monumentation bonds. In lieu of setting interior monuments prior to final plat recording as provided in TMC Section 17.20.030.J.3, the Public Works Director may accept a bond in an amount and with surety and conditions satisfactory to the Director, or other secure method as the Public Works Director may require, providing for and securing the actual setting of the interior monuments. Section 9. Ordinance Nos. 2124 §3 (part) and 1833 §1 (part), as codified at TMC Section 17.24.010, are hereby amended to read as follows: 17.24.010 Plans and permits required for public improvements A. Approval of a preliminary plat, short plat, binding site improvement plan or boundary line adjustment shall constitute approval for the applicant to develop construction plans and specifications, for all facilities and improvements, in substantial conformance to the preliminary approval, design standards, and any special conditions required by the Short Subdivision Committee, Hearing Examiner, or Planning Commission; to obtain permits and complete installation for said improvements; and to prepare a final plat, plans, surveys and other documents for recording. B. Prior to installing improvements, the developer shall apply for all required permits for those improvements. The applications shall include development plans as specified on the application form. [Note: See TMC Chapters 11.08 and 11.12 for additional guidance on standards and permit requirements for improvements in the public right-of- way.] Section 10. Ordinance Nos. 2124 §3 (part) and 1833 §1 (part), as codified at TMC Section 17.24.030, are hereby amended to read as follows: 17.24.030 Improvement agreements and financial guarantees A. Required improvements. Before any final subdivision, short plat, binding site improvement plan or boundary line adjustment is finally approved, the subdivider shall install required improvements and replace or repair any such improvements which are damaged in the development of the subdivision. In lieu of the completion of the actual construction of all required improvements (public and private) and prior to the approval of a final plat, the Public Works Director may accept a bond in an amount and with surety and conditions satisfactory to the Director, or other secure method, providing for and securing to the City the actual construction and installation of all required improvements. This is in addition to the requirements of TMC Chapter 11.08 requiring a performance bond for all work being done in the public right-of-way. If the Public Works Director accepts a bond for the completion of the work, the subdivider shall execute and file with 68 CC:\Legislative Development\Subdivision amendments 1-19-21 JR:bjs Review and analysis by Barbara Saxton Page 21 of 27 the City an agreement guaranteeing completion of such improvements together with any needed replacement or repair. The agreement shall: 1. Specify the period of time within which all work required shall be completed. The time for completion shall not exceed one year from the date of final approval of the subdivision. The agreement may provide for reasonable extensions of time for comple- tion of work. Extensions must be requested, approved by the Public Works Director, and properly secured in advance of the required initial completion date. 2. Require notice by the subdivider to the Public Works Director promptly upon completion of all required improvements. 3. Provide for notice of approval or disapproval by the Public Works Director of the improvement within a reasonable time after receiving notice of completion. 4. Require financial security to be provided by the subdivider pursuant to TMC Section 17.24.030.C. 5. Provide that, if the subdivider fails to complete all required work within the period specified, the City may take steps to demand performance of the developer’s obligation within a reasonable time not to exceed 90 days from the date of demand. 6. Provide that, if the required improvements are not completed within that time, the City may take action to require the subdivider to forfeit the financial security. 7. Provide that the City shall be entitled to recover all costs of such action including reasonable attorney’s fees. 8. Provide that, following recovery of the proceeds of the financial security, those proceeds shall be used to complete the required improvements and pay the costs incurred. 9. Provide that, should the proceeds of the financial security be insufficient for completion of the work and payment of the costs, the City shall be entitled to recover the deficiency from the subdivider. B. Maintenance agreement. Regardless of whether all required improvements are completed prior to final approval of any subdivision of land, as a condition of such approval the subdivider shall execute an agreement to assure successful operation of said improvements. [Note: See TMC Section 11.08.110 for details.] The agreement shall: 1. Require the subdivider to post a bond or other financial security to secure successful operation of all required improvements and full performance of the developer’s maintenance obligation. Such financial security shall be effective for a two-year period following approval of installation of all required improvements. 2. Require the subdivider to perform maintenance functions on drainage improvements for a period of time not to exceed two years from approval of their com- pletion or final plat approval, whichever is later. Such maintenance functions shall be specified by the Public Works Director, and shall be reasonably related to the burdens that the subdivision will impose on drainage facilities during the time maintenance is required. The City may agree to accept and perform maintenance of the improvements, 69 CC:\Legislative Development\Subdivision amendments 1-19-21 JR:bjs Review and analysis by Barbara Saxton Page 22 of 27 in which case the subdivider’s obligation to perform maintenance functions shall terminate. 3. Not relieve the subdivider of liability for the defective condition of any required improvements discovered following the effective term of the security given. 4. Provide a waiver by the subdivider of all claims for damages against any governmental authority, which may occur to the adjacent land as a result of construction, drainage, and maintenance of the streets and other improvements. C. Performance bond. To assure full performance of the agreements required herein, the subdivider shall provide one or more of the following in a form approved by the City Attorney: 1. A surety bond executed by a surety company authorized to transact business in the State of Washington. 2. An irrevocable letter of credit from a financial institution stating that the money is held for the purpose of development of the stated project. 3. An assignment of account with a financial institution which holds the money in an account until such time the City signs a written release. The assignment of account will allow the City to withdraw the funds in the event the provisions of the agreement are not met. 4. A cash deposit made with the City of Tukwila. D. Amount of Financial Security. The financial security provided shall be 150% of the estimated cost of the improvements to be completed and all related engineering and incidental expenses, final survey monumentation and preparation of reproducible Mylar or electronic records in a format approved by Public Works and meeting current Public Works drawing standards of the “as-built” improvements. The subdivider shall provide an estimate of these costs for acceptance by the Public Works Director. E. Defective Work. The acceptance of improvements by the City shall not prevent the City from making a claim against the subdivider for any defective work if such is discovered within two years after the date of completion of the work. Section 11. Ordinance Nos. 2627 §32, 2442 §6, 2368 §70, 2294 §1, 2251 §75, 2235 §19, 2135 §19 and 2119 §1, as codified at TMC Section 18.104.010, are hereby amended to read as follows 18.104.010 Classification of Project Permit Applications Project permit decisions are classified into five types, based on the degree of discretion associated with each decision, as set forth in this section. Procedures for the five different types are distinguished according to who makes the decision, whether public notice is required, whether a public meeting and/or a public hearing is required before a decision is made, and whether administrative appeals are provided. 70 CC:\Legislative Development\Subdivision amendments 1-19-21 JR:bjs Review and analysis by Barbara Saxton Page 23 of 27 1. TYPE 1 DECISIONS are made by City administrators who have technical expertise, as designated by ordinance. Type 1 decisions may be appealed to the Hearing Examiner who will hold a closed record appeal hearing based on the information presented to the City administrator who made the decision. Public notice is not required for Type 1 decisions or for the appeals of those decisions. TYPE 1 DECISIONS TYPE OF PERMIT DECISION MAKER Administrative Variance for Noise – 30 days or less (TMC Section 8.22.120) Community Development Director Any land use permit or approval issued by the City, unless specifically categorized as a Type 2, 3, 4, or 5 decision by this chapter As specified by ordinance Boundary Line Adjustment, including Lot Consolidation (TMC Chapter 17.08) Community Development Director Minor Modification of a Boundary Line Adjustment or Lot Consolidation Preliminary Approval (TMC Section 17.08.030) Community Development Director Development Permit Building Official Minor modification to design review approval (TMC Section 18.60.030) Community Development Director Minor Modification to PRD (TMC Section 18.46.130) Community Development Director Tree Permit (TMC Chapter 18.54) Community Development Director Wireless Communication Facility, Minor (TMC Chapter 18.58) Community Development Director 2. TYPE 2 DECISIONS are decisions that are initially made by the Director or, in certain cases, other City administrators or committees, but which are subject to an open record appeal to the Hearing Examiner, Board of Architectural Review, or, in the case of shoreline permits, an appeal to the State Shorelines Hearings Board pursuant to RCW 90.58. TYPE 2 DECISIONS TYPE OF PERMIT INITIAL DECISION MAKER APPEAL BODY (open record appeal) Administrative Design Review (TMC Section 18.60.030) Community Development Director Board of Architectura l Review Administrative Planned Residential Development (TMC Section 18.46.110) Short Plat Committee Hearing Examiner Administrative Variance for Noise – 31-60 days (TMC Section 8.22.120) Community Development Director Hearing Examiner Binding Site Improvement Plan (TMC Chapter 17.16) Short Plat Committee Hearing Examiner 71 CC:\Legislative Development\Subdivision amendments 1-19-21 JR:bjs Review and analysis by Barbara Saxton Page 24 of 27 TYPE OF PERMIT INITIAL DECISION MAKER APPEAL BODY (open record appeal) Cargo Container Placement (TMC Section 18.50.060) Community Development Director Hearing Examiner Code Interpretation (TMC Section 18.90.010) Community Development Director Hearing Examiner Exception from Single-Family Design Standard (TMC Section 18.50.050) Community Development Director Hearing Examiner Modification to Development Standards (TMC Section 18.41.100) Community Development Director Hearing Examiner Parking standard for use not specified (TMC Section 18.56.100), and modifications to certain parking standards (TMC Sections 18.56.065, .070, .120) Community Development Director Hearing Examiner Critical Areas (except Reasonable Use Exception) (TMC Chapter 18.45) Community Development Director Hearing Examiner Shoreline Substantial Development Permit (TMC Chapter 18.44) Community Development Director State Shorelines Hearings Board Shoreline Tree Permit Community Development Director Hearing Examiner Short Plat (TMC Chapter 17.12) Short Plat Committee Hearing Examiner Minor Modification of a Short Plat Preliminary Approval (TMC Section 17.12.020) Community Development Director Hearing Examiner Minor Modification of a Subdivision Preliminary Plat (TMC Section 17.14.020) Community Development Director Hearing Examiner Subdivision – Final Plat (TMC Section 17.14.030) Community Development Director Hearing Examiner Modification to TUC Corridor Standards (TMC Section 18.28.110.C) Community Development Director Hearing Examiner Modification to TUC Open Space Standards (TMC Section 18.28.250.D.4.d) Community Development Director Hearing Examiner Transit Reduction to Parking Requirements (TMC Section 18.28.260.B.5.b) Community Development Director Hearing Examiner Wireless Communication Facility, Minor (TMC Chapter 18.58) Community Development Director Hearing Examiner 72 CC:\Legislative Development\Subdivision amendments 1-19-21 JR:bjs Review and analysis by Barbara Saxton Page 25 of 27 3. TYPE 3 DECISIONS are quasi-judicial decisions made by the Hearing Examiner following an open record hearing. Type 3 decisions may be appealed only to Superior Court, except for shoreline variances and shoreline conditional uses that may be appealed to the State Shorelines Hearings Board pursuant to RCW 90.58. TYPE 3 DECISIONS TYPE OF PERMIT INITIAL DECISION MAKER APPEAL BODY (closed record appeal) Resolve uncertain zone district boundary Hearing Examiner Superior Court Variance (zoning, shoreline, sidewalk, land alteration, sign) Hearing Examiner Superior Court TSO Special Permission Use (TMC Section 18.41.060) Hearing Examiner Superior Court Conditional Use Permit Hearing Examiner Superior Court Modifications to Certain Parking Standards (TMC Chapter 18.56) Hearing Examiner Superior Court Reasonable Use Exceptions under Critical Areas Ordinance (TMC Section 18.45.180) Hearing Examiner Superior Court Variance for Noise in excess of 60 days (TMC Section 8.22.120) Hearing Examiner Superior Court Variance from Parking Standards over 10% (TMC Section 18.56.140) Hearing Examiner Superior Court Subdivision – Preliminary Plat with no associated Design Review application (TMC Section 17.14.020) Hearing Examiner Superior Court Subdivision Phasing Plan (TMC Section 17.14.040) Hearing Examiner Superior Court Wireless Communication Facility, Major or Waiver Request (TMC Chapter 18.58) Hearing Examiner Superior Court Shoreline Conditional Use Permit Hearing Examiner State Shorelines Hearings Board 4. TYPE 4 DECISIONS are quasi-judicial decisions made by the Board of Architectural Review or the Planning Commission, following an open record hearing. Type 4 decisions may be appealed to the Hearing Examiner based on the record established by the Board of Architectural Review or Planning Commission, except Shoreline Conditional Use Permits, that are appealable to the State Shorelines Hearings Board pursuant to RCW 90.58. 73 CC:\Legislative Development\Subdivision amendments 1-19-21 JR:bjs Review and analysis by Barbara Saxton Page 26 of 27 TYPE 4 DECISIONS TYPE OF PERMIT INITIAL DECISION MAKER APPEAL BODY (closed record appeal) Public Hearing Design Review (TMC Chapter 18.60) Board of Architectural Review Hearing Examiner Subdivision – Preliminary Plat with an associated Design Review application (TMC Section 17.14.020) Planning Commission Hearing Examiner Subdivision Phasing Plan (for a subdivision with an associated Design Review) (TMC Section 17.14.040) Planning Commission Hearing Examiner Shoreline Conditional Use Permit (TMC Section 18.44.050) Planning Commission State Shorelines Hearings Board 5. TYPE 5 DECISIONS are quasi-judicial decisions made by the Hearing Examiner or City Council following an open record hearing. Type 5 decisions may be appealed only to Superior Court. TYPE 5 DECISIONS TYPE OF PERMIT INITIAL DECISION MAKER APPEAL BODY (closed record appeal) Planned Residential Development (PRD), including Major Modifications (TMC Chapter 18.46) City Council Superior Court Site specific rezone along with an accompanying Comprehensive Plan map change (TMC Chapter 18.84) City Council Superior Court Critical Area Master Plan Overlay (TMC Section 18.45.160) City Council Superior Court Shoreline Environment Re-designation (Shoreline Master Program) City Council Superior Court Unclassified Use (TMC Chapter 18.66) City Council Superior Court Section 12. Repealer. Ordinance Nos. 2499 and 2294 are hereby repealed. 74 CC:\Legislative Development\Subdivision amendments 1-19-21 JR:bjs Review and analysis by Barbara Saxton Page 27 of 27 Section 13. Corrections by City Clerk or Code Reviser Authorized. 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 14. 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 15. 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 Special Meeting thereof this _______ day of ____________________, 2021. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney 75 76 ITEM INFORMATION STAFF SPONSOR: BEN HAYMAN ORIGINAL AGENDA DATE: 01-11-21 AGENDA ITEM TITLE 2018 Fire Code Adoption and Fire Fee Schedule Update CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 1-11-21 Mtg Date Mtg Date 1-25-21 Mtg Date 1-25-21 Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor Admin Svcs DCD Finance Fire P&R Police PW SPONSOR’S SUMMARY Approval of an Ordinance adopting the 2018 Fire Code and a Resolution revising the Fire Department Fee Schedule REVIEWED BY Trans&Infrastructure CommunitySvs/Safety Finance Com Planning/Economic Dev. LTAC Arts Comm. Parks Comm. Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR/ADMIN. Fire Department COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 1/11/21 1/25/21 MTG. DATE ATTACHMENTS 1/11/21 Informational Memorandum dated 1/11/21 Ordinance and Resolution 1/25/21 COUNCIL AGENDA SYNOPSIS ----------------------------------Initials --------------------------------- ITEM NO. Meeting Date Prepared by Mayor’s review Council review 1-11-21 BH 1-25-21 BH Tukwila Municipal Code Chapter 8.12 Fireworks Ordinance in strike-thru underlined format (pages 7 through 23) Resolution Forwarded to next Regular Meeting Spec 3.B. 77 78 CC: Legislative Development\Ordinances\Adopt 2018 Fire Code 1-19-21 BH:bjs Review and analysis by Barbara Saxton Page 1 of 24 NOTE: Text in strike-through/underline format shows additions and changes made after the January 11, 2021 C.O.W. meeting. (Pages 7 through 23) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 2435 AND 2504, AS CODIFIED IN TUKWILA MUNICIPAL CODE (TMC) CHAPTER 16.16, “INTERNATIONAL FIRE CODE;” REENACTING TMC CHAPTER 16.16, “INTERNATIONAL FIRE CODE,” TO ADOPT THE 2018 EDITION OF THE INTERNATIONAL FIRE CODE AND APPENDICES WITH CERTAIN EXCEPTIONS AND AMENDMENTS TO APPLY WITHIN THE CITY OF TUKWILA, TO UPDATE TUKWILA FIRE CODE REGULATIONS TO BETTER ALIGN WITH OUR REGIONAL FIRE PREVENTION PARTNERS IN KING COUNTY, TO ADD CODE LANGUAGE FOR EMERGENCY RESPONDER RADIO SYSTEMS THAT SUPPORT THE PUGET SOUND EMERGENCY RADIO NETWORK UPGRADE, AND TO IMPROVE CODE LANGUAGE TO ASSIST IN THE ENFORCEMENT, IMPLEMENTATION AND UNDERSTANDING OF TUKWILA FIRE CODE REQUIREMENTS; REPEALING ORDINANCE NOS. 1786 AND 1787 AND UPDATING REGULATIONS REGARDING FIREWORKS AND PYROTECHNICS AND RELOCATING THOSE REGULATIONS TO TMC CHAPTER 16.16; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council desires to protect the health, welfare and safety of Tukwila citizens by keeping current with the most recent fire code requirements; and WHEREAS, to achieve this end, the City Council has determined to update its current fire prevention and protection regulations by adopting the 2018 Edition of the International Fire Code and appendices; and WHEREAS, the City Council desires to update and clarify the fire code requirements in Tukwila to ensure life safety codes can be implemented effectively; and WHEREAS, the updated wording better aligns Tukwila Fire Code regulations with the International Fire Code, NFPA, and other fire prevention divisions in King County; 79 CC: Legislative Development\Ordinances\Adopt 2018 Fire Code 1-19-21 BH:bjs Review and analysis by Barbara Saxton Page 2 of 24 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Repealer. Ordinance Nos. 2435 and 2504 are hereby repealed. Section 2. Repealer. Ordinance Nos. 1786 and 1787 are hereby repealed, thereby eliminating Tukwila Municipal Code (TMC) Chapter 8.12, “Fireworks,” and relocating regulations regarding fireworks and pyrotechnics to TMC Chapter 16.16. Section 3. TMC Chapter 16.16 Reenacted. Tukwila Municipal Code (TMC) Chapter 16.16 is hereby reenacted to read as follows: CHAPTER 16.16 INTERNATIONAL FIRE CODE Sections: 16.16.010 Adoption of the International Fire Code 16.16.020 Enforcement 16.16.030 Definitions 16.16.040 Amendments to the International Fire Code 16.16.050 Fees 16.16.060 Conflicts with Existing Codes and Ordinances Section 4. TMC Section 16.16.010 is hereby reenacted to read as follows: 16.16.010 Adoption of the International Fire Code A. In accordance with RCW 19.27, the International Fire Code, 2018 Edition, including Appendices B, C, D, F, H, I, K and N; 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 WAC 51-54A, and as further amended in this ordinance, are hereby adopted by this reference as if fully set forth, subject to the modifications and amendments set forth in TMC Chapter 16.16. B. One copy of said Fire Code shall be maintained on file at the Fire Marshal’s Office. Section 5. TMC Section 16.16.020 is hereby reenacted to read as follows: 16.16.020 Enforcement A. The International Fire Code shall be enforced by the Fire Marshal’s Office within the Fire Department. B. There shall be a Fire Marshal in charge of the Fire Marshal’s Office who shall be appointed by the Chief of the Fire Department. 80 CC: Legislative Development\Ordinances\Adopt 2018 Fire Code 1-19-21 BH:bjs Review and analysis by Barbara Saxton Page 3 of 24 Section 6. TMC Section 16.16.030 is hereby reenacted to read as follows: 16.16.030 Definitions A. Wherever the word “jurisdiction” is used in the International Fire Code, it means the area within the city limits of the City of Tukwila, Washington. B. Wherever the words “Fire Code Official” are used in the International Fire Code, they mean the Fire Marshal in charge of the Fire Marshal’s Office or designee. C. “Special Event” refers to an event taking place within the City of Tukwila that will not last more than 21 consecutive days, that is not customary at that location and would otherwise be prohibited. Examples include a large event (public/corporate/private), fair, carnival, circus, or athletic event. Prior approval is required for an event to be held on City property. Section 7. TMC Section 16.16.040 is hereby reenacted to read as follows: 16.16.040 Amendments to the International Fire Code Refer to the following chapters of the Tukwila Municipal Code for additional Fire Code regulations and requirements: TMC 14.24, Fire Hydrants TMC 16.40, Fire Alarm Systems TMC 16.42, Sprinkler Systems TMC 16.46, Fire Protection in Mid-Rise Buildings TMC 16.48, Fire Protection in High-Rise Buildings A. Section 104.10.1 of the International Fire Code entitled “Assistance from other agencies” is amended by substituting the following: Section 104.10.1 Assistance From Other Agencies. Police and other enforcement agencies shall have authority to render necessary assistance in the investigation of fires or the enforcement of the Fire Code as requested by the Fire Marshal. B. Section 105 of the International Fire Code entitled “Permits” is amended by adding the following new subsection 105.5.3: Section 105.5.3 Limited Use Permits. Operations or events that are regulated by the International Fire Code and will not exceed 180 days will require a Limited Use Operational Permit. Depending on the operation or event, a City of Tukwila Special Event Permit may also be required. 81 CC: Legislative Development\Ordinances\Adopt 2018 Fire Code 1-19-21 BH:bjs Review and analysis by Barbara Saxton Page 4 of 24 C. Section 105 of the International Fire Code entitled “Permits” is amended by modifying subsection 105.6 with the following: Section 105.6 Required Operational Permits. The Fire Marshal is authorized to issue operational permits for the operations set forth in Sections 105.6.1 through 105.6.53. D. Section 105 of the International Fire Code entitled “Permits” is amended by adding the following new subsection 105.6.31.3: Section 105.6.31.3 Mobile Operations. For mobile operations or activities that are regulated by Section 105.6 of the International Fire Code, the Fire Marshal has the option to recognize a “vehicle specific” operational permit that has been issued by another public fire agency within King County and is still valid. If this permit is recognized by the Fire Marshal, a “vehicle specific” Mobile Operational Permit will be issued for operations in Tukwila. The Fire Marshal retains the right to not recognize operational permits from other fire agencies and can revoke an operational permit that has already been issued. E. Section 105 of the International Fire Code entitled “Permits” is amended by adding the following new subsection 105.6.53: Section 105.6.53. Emergency and Standby Power Systems. An Operational Permit is required for emergency or standby power systems required by code and identified in NFPA 110. F. Section 105 of the International Fire Code entitled “Permits” is amended by modifying subsection 105.7 with the following: Section 105.7 Required Construction Permits. The Fire Marshal is authorized to issue construction permits for work set forth in Sections 105.7.1 through 105.7.29. G. Section 105 of the International Fire Code entitled “Permits” is amended by adding the following new subsection 105.7.28: Section 105.7.28 Emergency and Standby Power Systems. A Construction Permit is required for the installation of emergency or standby power systems required by code and identified in NFPA 110. H. Section 105 of the International Fire Code entitled “Permits” is amended by adding the following new subsection 105.7.29: Section 105.7.29 Fire Access and Infrastructure. A Construction Permit is required for the installation of Fire Access Roads, Private Fire Hydrants, and Gates across Fire Access Roads. I. Section 106 of the International Fire Code entitled “Fees” is amended by substituting subsection 106.1 with the following: Section 106.1 Fees. A fire permit shall not be issued until the fees have been paid as required and in accordance with the Fire Department Fee Schedule adopted by resolution of the City Council, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. 82 CC: Legislative Development\Ordinances\Adopt 2018 Fire Code 1-19-21 BH:bjs Review and analysis by Barbara Saxton Page 5 of 24 J. Section 106 of the International Fire Code entitled “Fees” is amended by substituting subsection 106.3 with the following: Section 106.3 Working Without An Issued Fire Permit. Any person who commences any work, activity or operation regulated by this code before obtaining the necessary fire permits shall be charged an investigation fee that is equal to the permit fee, which shall be in addition to the required permit fee. This provision does not apply to emergency work, activity, or operations when it is proved to the satisfaction of the Fire Marshal that such work, activity, or operation was urgently necessary and that it was not practical to obtain a permit before commencement of the work, activity or operation. In all such cases, a fire permit must be applied for within 5 working days, or a double fee will be charged. K. Section 108 of the International Fire Code entitled “Maintenance” is amended by substituting 108.3 with the following: Section 108.3 Recordkeeping. A record of periodic inspections, tests, servicing and other operations and maintenance shall be maintained on the premises or other approved location for not less than 3 years, or a different period of time where specified in this code or referenced standards. 1. Records shall be made available for inspection by the Fire Marshal, and a copy of the records shall be provided to the Fire Marshal upon request. This applies to all life safety systems regulated by the Fire Code that require periodic testing, inspections, and maintenance. 2. The Fire Marshal is authorized to prescribe the form and format of such recordkeeping. 3. The Fire Marshal is authorized to require that certain required records be filed with the Fire Marshal. 4. Effective February 1, 2021, all confidence test reports must be filed with the Compliance Engine (https://www.TheComplianceEngine.com/). L. Section 109 of the International Fire Code entitled “Board of Appeals” is amended by substituting the following: Section 109 Appeals. 1. Whenever the Fire Marshal disapproves an application or refuses to grant a permit applied for, the applicant may appeal the decision to the City’s Hearing Examiner. A written notice of appeal shall be filed with the City Clerk within 14 days of the date of final decision by the Fire Marshal. The notice of appeal must be accompanied by an appeal fee in accordance with the Fire Department Fee Schedule adopted by resolution of the City Council. 2. The Notice of Appeal shall contain the following information: a. The name of the appealing party. b. The address and phone number of the appealing party; and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party’s behalf. 83 CC: Legislative Development\Ordinances\Adopt 2018 Fire Code 1-19-21 BH:bjs Review and analysis by Barbara Saxton Page 6 of 24 c. A statement identifying the decision being appealed and the alleged errors in that decision. d. The Notice of Appeal shall state specific errors of fact or errors in application of the law in the decision being appealed, the harm suffered or anticipated by the appellant, and the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. 3. Upon timely filing of a Notice of Appeal, the Fire Marshal shall set a date for hearing the appeal before the City's Hearing Examiner. Notice of the hearing will be mailed to the applicant. 4. Deference shall be given to the decision being appealed. The standard on review shall be based upon a preponderance of evidence. The Hearing Examiner may affirm, reverse or modify the Fire Marshal, or designee's, decision. 5. The decision of the Hearing Examiner shall be final. M. Section 110 of the International Fire Code entitled “Violations” is amended by substituting subsection 110.4 with the following: Section 110.4 Violations and Penalties. 1. Any person who shall violate any of the Fire Code provisions of TMC Chapter 16 or the International Fire Code or who shall fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Fire Marshal or by a court of competent jurisdiction within the time fixed therein, shall be guilty of a gross misdemeanor, and upon conviction thereof, shall be punished by a fine in an amount not to exceed $5,000.00, as outlined in IFC Section 110.4, or imprisonment for a term not to exceed one year or by both such fine and imprisonment. 2. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue. Each day or portion thereof during which any violation of the provisions of this section is caused, permitted, or continued shall constitute a separate offense and shall be punishable as such. Application of the penalty specified in this section shall not be held to prevent the enforced removal of prohibited conditions. 3. Fire lane parking violations shall be considered a non-traffic civil infraction subject to the fine listed in the Fire Penalty Bail Schedule, and the vehicle may be impounded. 4. In addition to the imposition of the penalties herein described, the Fire Marshal is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises. 84 CC: Legislative Development\Ordinances\Adopt 2018 Fire Code 1-19-21 BH:bjs Review and analysis by Barbara Saxton Page 7 of 24 5. Fire Penalty Bail Schedule: OFFENSE BAIL Non-compliance with orders and notices $5,000.00 Unlawful removal of a tag $5,000.00 Unlawful continuance of a hazard $5,000.00 Non-compliance with a Stop Work Order $5,000.00 Illegal parking on fire apparatus access roads / Fire Lane $100.00 Failure to: Clean commercial kitchen hoods $500.00 Failure to: Maintain fire protection systems $500.00 Failure to: Conduct a required fire watch $500.00 Failure to: Maintain commercial cooking extinguishing systems $500.00 Failure to: Maintain means of egress continuity $250.00 Failure to: Provide required UL central station monitoring $500.00 6. Other Violations. Bail for all other violations is $250.00 plus court costs. Fines are forfeitable on the first offense and mandatory appearance is required on second offense. N. Section 308 of the International Fire Code entitled “Open Flames” is amended by substituting subsection 308.1.6.3 with the following: Section 308.1.6.3 Sky Lanterns. The use of sky lanterns is prohibited. O. Local amendments to Chapter 5 of the International Fire Code entitled “Fire Service Features,” including all amendments enacted by the State of Washington, are adopted and incorporated into the International Fire Code as follows: Section 503 and Appendix D of the International Fire Code entitled “Fire Apparatus Access Roads” are hereby adopted with the exception of Sections D103.2, D103.5 and D107.1. P. Section 503 of the International Fire Code entitled “Buildings and Facilities” is amended by substituting subsection 503.1.1 with the following: Section 503.1.1 Buildings and Facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45,720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Exceptions: The Fire Marshal is authorized to increase the distance: 1. Up to 200 feet where the building is equipped throughout with an approved automatic sprinkler system installed. 85 CC: Legislative Development\Ordinances\Adopt 2018 Fire Code 1-19-21 BH:bjs Review and analysis by Barbara Saxton Page 8 of 24 2. Where fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided. Alternate means may include installation of stairs that extend to the roof, sprinkler system, fire alarm system, standpipes, smoke control system, ready access to fire service elevators and others (sometimes in combination) to mitigate the additional access distance. 3. There are not more than two Group R-3 or Group U occupancies. Q. Section 503 of the International Fire Code entitled “Additional Access” is amended by substituting subsection 503.1.2 with the following: 503.1.2 Additional Access. The Fire Marshal is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. R. Section 503 of the International Fire Code entitled “High-Piled Storage” is amended by substituting subsection 503.1.3 with the following: 503.1.3 High-Piled Storage. Fire department vehicle access to buildings used for high- piled combustible storage shall comply with the applicable provisions of Chapter 32. PS. Section 503 of the International Fire Code entitled “Fire Apparatus Access Roads” is amended by substituting subsection 503.2.1 with the following: Section 503.2.1. Dimensions. The following minimum dimensions shall apply for fire apparatus access roads: 1. Fire apparatus access roads and fire lanes shall have an unobstructed width of not less than 20 feet (6,096 mm), and an unobstructed vertical clearance of not less than 13 feet 6 inches (4,115 mm). 2. Fire apparatus access road routes shall be approved by the Fire Marshal. Exception: When the fire apparatus access road is serving no more than 2 single family houses and all are equipped with approved automatic sprinkler system, the Fire Marshal may approve a reduced width, but the reduction shall not be less than 16 feet wide. QT. Section 503 of the International Fire Code entitled “Fire Apparatus Access Roads” is amended by substituting subsection 503.2.3 with the following: Section 503.2.3. Road Surface. Fire apparatus access roads shall be constructed with a surface of asphalt or concrete or other permanent material approved by the Fire Marshal capable of supporting the imposed load of fire apparatus weighing at least 85,000 lbs. 86 CC: Legislative Development\Ordinances\Adopt 2018 Fire Code 1-19-21 BH:bjs Review and analysis by Barbara Saxton Page 9 of 24 RU. Section 503 of the International Fire Code entitled “Fire Apparatus Access Roads” is amended by substituting subsection 503.2.4 with the following: Section 503.2.4. Fire Access Road Turning Radius. All fire apparatus access roads shall have a 28-foot minimum inside turning radius (curb radius) and a 50-foot minimum outside turning radius, unless otherwise approved by the Fire Marshal. 1. The radius is measured from the travel lane edge (curb). 2. When turning from the right of way (ROW) to an access road, the minimum effective turning radius will be measured from the inside tire and no further from the center of the lane in the direction of travel. The size of curb radii to be as necessary to facilitate minimum effective turning radius. SV. Section 503 of the International Fire Code entitled “Fire Apparatus Access Roads” is amended by adding the following new subsection 503.2.4.1: Section 503.2.4.1. Fire Access Road Turnarounds. Where dead-end fire apparatus access roads require an approved turnaround, it shall be in accordance with one of the following. 1. For fire access roads serving no more than 4 single-family homes where the vertical distance between the grade plane and the highest point of the roof eave is no more than 30 feet for any of the structures served by the fire access road: a. The turnaround or hammerhead shall have a 20-foot minimum inside turning radius and a 40-foot minimum outside turning radius, and b. The length of the turnaround / hammerhead shall be a minimum of 65 feet in length. 2. For all other fire access roads: a. The turnaround / hammerhead shall have a 28-foot minimum inside turning radius and a 50-foot minimum outside turning radius, and b. The length of the turnaround / hammerhead leg shall be a minimum of 70 feet in length. Fire access turnaround / hammerhead design examples are available online via the Fire Marshal’s Office, Fire Development Services website. TW. Section 503 of the International Fire Code is amended by substituting subsection 503.2.5 with the following: Section 503.2.5. Fire Access Road Dead-End. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with a turnaround that is approved by the Fire Marshal and shall be in accordance with subsection 503.2.4.1. Exception: The Fire Marshal is authorized to increase the length up to 200 feet for dead-end access roads when all of the following apply: 1. The road is serving no more than 4 single-family homes that are equipped throughout with an approved automatic fire sprinkler system. 87 CC: Legislative Development\Ordinances\Adopt 2018 Fire Code 1-19-21 BH:bjs Review and analysis by Barbara Saxton Page 10 of 24 2. The road shall have an unobstructed width of not less than 20 feet, and an unobstructed vertical clearance of not less than 13 feet 6 inches. 3. Where the vertical distance between the grade plane and the highest point of the roof eave is no more than 30 feet for any of the structures served by the fire access road. UX Section 503 of the International Fire Code entitled “Fire Apparatus Access Roads” is amended by substituting subsection 503.2.6 with the following: Section 503.2.6. Bridges and Elevated Surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge or elevated surface shall be constructed and maintained in accordance with specifications established by the Fire Marshal 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. 1. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of an 85,000 lb. fire apparatus, the total imposed load to be determined by the Fire Marshal. 2. Vehicle load limits shall be posted at both entrances to bridges when required by the Fire Marshal. 3. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces that are not designed for that use, approved barriers or approved signs, or both, shall be installed and maintained, if required by the Fire Marshal. VY. Section 503 of the International Fire Code entitled “Fire Apparatus Access Roads” is amended by substituting subsection 503.2.7 with the following: Section 503.2.7. Grade. Fire apparatus access roads shall not exceed 15 percent longitudinal in grade and/or 6 percent laterally in grade comply with the following : 1. The grade of the access road to not exceed 15 percent and the cross slope shall not exceed 6 percent. 2. Driveway approach and departure angles for fire apparatus access shall not exceed 10 percent longitudinally for the first 75 feet when measured from the right of way, unless otherwise approved by the Fire Marshal. WZ. Section 503 of the International Fire Code entitled “Fire Apparatus Access Roads” is amended by adding the following new subsection 503.2.1.1: Section 503.2.1.1. Access Roads With a Fire Hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet for 20 feet on both sides of the hydrant operating nut, as shown in D103.1 and shall be marked as a fire lane per Section 503.3. 88 CC: Legislative Development\Ordinances\Adopt 2018 Fire Code 1-19-21 BH:bjs Review and analysis by Barbara Saxton Page 11 of 24 XAA. Section 503 of the International Fire Code entitled “Security Gates” is amended by substituting subsection 503.6 with the following: Section 503.6 Security Gates, Bollards, And Other Obstructions. The installation of security gates, bollards or other obstructions across a fire apparatus access road shall be reviewed and approved by the Fire Marshal. The use of directional-limiting devices (tire spikes) is prohibited. Where security gates, bollards or other obstructions are installed, they shall have an approved means of emergency operation. The security gates, bollards or other obstruction and the emergency operation shall be maintained operational at all times. 1. Electric gate operators, where provided, shall be listed in accordance with UL 325. 2. Gates intended for automatic operation shall be designed, constructed, and installed to comply with the requirements of ASTM F 2200 and must be equipped with “Click 2 Enter” or similar equipment that is approved by the Fire Marshal, that allows for operations of the gate by Fire and Police personnel via their vehicle mobile radio, on a dedicated radio frequency, with a hold-open for a specified amount of time. 3. Gates over the fire access road that are intended for automatic operation shall be designed to operate during a loss of power or fail in the open position. 4. Gates shall be at a minimum as wide as the required access road width. Gates, bollards, or other obstructions on commercial properties must be set back 30 feet from roadway edge of pavement. 5. If manually operated gates are installed across a fire access road, a Knox padlock is required if the gate is locked. Exception: Automated gates equipped with “Click 2 Enter” or other authorized equipment that allows for operation of the gate by Fire and Police personnel from their vehicle are not required to be set back 30 feet. YBB. Section 504 of the International Fire Code entitled “Access to Building Openings and Roofs” is amended by adding the following new subsection 504 .5: Section 504.5 Buildings With Interior Courtyards. New buildings with enclosed interior courtyards shall have a straight/direct access corridor and/or stairway from the exterior to the courtyard at a location acceptable to the Fire Marshal. If a stairway is used it shall comply with International Fire Code Section 1011 and a corridor shall comply with International Fire Code Section 1020. The access shall have a minimum width of 5 feet and be large enough to carry a 35-foot-long sectional ladder (minimum folded length 20 feet) directly from the exterior to the courtyard without obstructions. The access door shall be marked at the street as “Direct Fire Access to Courtyard”. ZCC. Section 510 of the International Fire Code entitled “Emergency Responder Radio Coverage” is amended by substituting Section 510 with the following language: Section 510.1 Emergency Responder Radio Coverage (New Buildings). Approved radio coverage for emergency responders shall be provided within buildings that meet any one of the following conditions: 89 CC: Legislative Development\Ordinances\Adopt 2018 Fire Code 1-19-21 BH:bjs Review and analysis by Barbara Saxton Page 12 of 24 1. The building is five stories or more above grade plane (as defined by the International Building Code, Section 202); or 2. The total building area is 50,000 square feet or more; or 3. The total basement area is 10,000 square feet or more; or 4. There are floors used for human occupancy more than 30 feet below the finished floor of the lowest level of exit discharge; or 5. Buildings or structures where the Fire or Police Chief determines that in- building radio coverage is critical because of its unique design, location, use or occupancy. The radio coverage system shall be installed in accordance with Section of this code and with the provisions of NFPA 1221 (current edition). Exceptions: 1. Buildings and areas of buildings that have minimum radio coverage signal strength levels of the King County Regional 800 MHz Radio System within the building in accordance with Section 510.4.1 without the use of a radio coverage system. 2. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of that facility, the Fire Marshal shall have the authority to accept an automatically activated emergency responder radio coverage system. 3. One- and two-family dwellings and townhouses. When determining if the minimum signal strength referenced in Section 510.4.1.1 exists at a subject building, the signal strength shall be measured at any point on the exterior of the building up to the highest point on the roof. Section 510.2 Emergency Responder Radio Coverage (Existing Buildings). Existing buildings shall be provided with approved radio coverage for emergency responders when: 1. Whenever an existing wired communications system cannot be repaired or is being replaced. 2. When a building undergoing substantial alteration meets any one of the conditions listed in Section 510.1. For purposes of this section, a substantial alteration shall be defined as an alteration that costs 50 percent or more of the current assessed value of the structure and impacts more than 50 percent of the gross floor area. 3. When buildings, classes of buildings or specific occupancies do not have the minimum radio coverage signal strength as identified in Section 510.4.1 and the Fire or Police Chief determines that the lack of minimum signal strength poses an undue risk to emergency responders that cannot be reasonably mitigated by other means. 90 CC: Legislative Development\Ordinances\Adopt 2018 Fire Code 1-19-21 BH:bjs Review and analysis by Barbara Saxton Page 13 of 24 Section 510.3 Permit Required. A Construction Permit for the installation of or modification to emergency responder radio coverage systems and related equipment is required as specified in Section 105.7.6. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. Prior coordination and approval from the Public Safety Radio System Operator is required before installation of an Emergency Responder Radio System. Until PSERN is the single operator of the county wide system (projected date Q4 2022 / Q1 2023), such approval is required from EPSCA, King County, Seattle or ValleyCom depending on the location of the installation. To be forward compatible, designers and contractors should be aware of PSERN’s requirements for Distributed Antenna Systems which can be found on their website (https://PSERN.org). Section 510.4 Technical Requirements. Systems, components and equipment required to provide the emergency responder radio coverage system shall comply with Sections 510.4.1 through 510.4.2.8. Section 510.4.1 Emergency responder communication enhancement system signal strength. The building shall be considered to have acceptable emergency responder communications enhancement system coverage when signal strength measurements in 95 percent of all areas on each floor of the building meet the signal strength requirements in Sections 510.4.1.1 through 510.4.1.3. Exception: Critical areas, such as the fire command center(s), the fire pump room(s), interior exit stairways, exit passageways, elevator lobbies, standpipe cabinets, sprinkler sectional valve locations, and other areas required by the Fire Marshal, shall be provided with 99 percent floor area radio coverage. Section 510.4.1.1 Minimum signal strength into the building. The minimum inbound signal strength shall be sufficient to provide usable voice communications throughout the coverage area as specified by the Fire Marshal. The inbound signal level shall be a minimum of -95dBm in 95 percent of the coverage area and 99 percent in critical areas and sufficient to provide not less than a Delivered Audio Quality (DAQ) of 3.0 or an equivalent Signal-to-Interference-Plus-Noise Ratio (SINR) applicable to the technology for either analog or digital signals. Section 510.4.1.2 Minimum signal strength out of the building. The minimum outbound signal strength shall be sufficient to provide usable voice communications throughout the coverage area as specified by the Fire Marshal. The outbound signal level shall be sufficient to provide not less than a DAQ of 3.0 or an equivalent SINR applicable to the technology for either analog or digital signals. A minimum signal strength of -95 dBm shall be received by the King County Regional 800 MHz Radio System when transmitted from within the building. Section 510.4.1.3 System performance. Signal strength shall be sufficient to meet the requirements of the applications being utilized by public safety for emergency operations through the coverage area as specified by the radio system manager in Section 510.4.2.2. 91 CC: Legislative Development\Ordinances\Adopt 2018 Fire Code 1-19-21 BH:bjs Review and analysis by Barbara Saxton Page 14 of 24 Section 510.4.2 System design. The emergency responder radio coverage system shall be designed in accordance with Sections 510.4.2.1 through 510.4.2.8 and NFPA 1221 (2019). Section 510.4.2.1 Amplification systems and components. Buildings and structures that cannot support the required level of radio coverage shall be equipped with systems and components to enhance the public safety radio signals and achieve the required level of radio coverage specified in Sections 510.4.1 through 510.4.1.3. Public safety communications enhancement systems utilizing radio-frequency-emitting devices and cabling shall be allowed by the Public Safety Radio System Operator. Prior to installation, all RF-emitting devices shall have the certification of the radio licensing authority and be suitable for public safety use. Section 510.4.2.2 Technical criteria. The Public Safety Radio System Operator shall provide the various frequencies required, the location of radio sites, the effective radiated power of radio sites, the maximum propagation delay in microseconds, the applications being used and other supporting technical information necessary for system design upon request by the building owner or owner’s representative. Section 510.4.2.3 Power supply sources. Emergency responder radio coverage systems shall be provided with dedicated standby batteries or provided with 2-hour standby batteries and connected to the facility generator power system in accordance with Section 1203. The standby power supply shall be capable of operating the emergency responder radio coverage system at 100 percent system capacity for a duration of not less than 12 hours. Section 510.4.2.4 Signal booster requirements. If used, signal boosters shall meet the following requirements: 1. All signal booster components shall be contained in a National Electrical Manufacturer’s Association (NEMA) 4, IP66-type waterproof cabinet or equivalent. Exception: Listed battery systems that are contained in integrated battery cabinets. 2. Battery systems used for the emergency power source shall be contained in a NEMA 3R or higher-rated cabinet, IP65-type waterproof cabinet or equivalent. 3. Equipment shall have FCC or other radio licensing authority certification and be suitable for public safety use prior to installation. 4. Where a donor antenna exists, isolation shall be maintained between the donor antenna and all inside antennas to not less than 20dB greater than the system gain under all operating conditions. 5. Bi-Directional Amplifiers (BDAs) used in emergency responder radio coverage systems shall be fitted with anti-oscillation circuitry and per-channel AGC. 6. The installation of amplification systems or systems that operate on or provide the means to cause interference on any emergency responder radio coverage networks shall be coordinated and approved by the Public Safety Radio System Operator. 92 CC: Legislative Development\Ordinances\Adopt 2018 Fire Code 1-19-21 BH:bjs Review and analysis by Barbara Saxton Page 15 of 24 7. Unless otherwise approved by the Public Safety Radio System Operator, only channelized signal boosters shall be permitted. Exception: Broadband BDAs may be utilized when specifically authorized in writing by the Public Safety Radio System Operator. BDAs must also comply with PSERN’s detailed requirements, which include channelized, minimum of 28 channels, supporting analog, P25 Phase I (FDMA), and P25 Phase II (TDMA). Information regarding PSERN requirements can be found via there their website (https://PSERN.org). Section 510.4.2.5 System monitoring. The emergency responder radio enhancement system shall include automatic supervisory and trouble signals that are monitored by a supervisory service and are annunciated by the fire alarm system in accordance with NFPA 72. The following conditions shall be separately annunciated by the fire alarm system, or, if the status of each of the following conditions is individually displayed on a dedicated panel on the radio enhancement system, a single automatic supervisory signal may be annunciated on the fire alarm system indicating deficiencies of the radio enhancement system: 1. Loss of normal AC power supply. 2. System battery charger(s) failure. 3. Malfunction of the donor antenna(s). 4. Failure of active RF-emitting device(s). 5. Low-battery capacity at 70 percent reduction of operating capacity. 6. Active system component malfunction. 7. Malfunction of the communications link between the fire alarm system and the emergency responder radio enhancement system. Section 510.4.2.6 Additional frequencies and change of frequencies. The emergency responder radio coverage system shall be capable of modification or expansion in the event frequency changes are required by the FCC or other radio licensing authority, or additional frequencies are made available by the FCC or other radio licensing authority. Section 510.4.2.7 Design documents. The Fire Marshal shall have the authority to require “as-built” design documents and specifications for emergency responder communications coverage systems. The documents shall be in a format acceptable to the Fire Marshal. Section 510.4.2.8 Radio communication antenna density. Systems shall be engineered to minimize the near-far effect. Radio enhancement system designs shall include sufficient antenna density to address reduced gain conditions. 93 CC: Legislative Development\Ordinances\Adopt 2018 Fire Code 1-19-21 BH:bjs Review and analysis by Barbara Saxton Page 16 of 24 Exceptions: 1. Class A narrow band signal booster devices with independent AGC/ALC circuits per channel. 2. Systems where all portable devices within the same band use active power control. Section 510.5 Installation requirements. The installation of the public safety radio coverage system shall be in accordance with NFPA 1221 and Sections 510.5.1 through 510.5.7. Section 510.5.1 Approval prior to installation. Amplification systems capable of operating on frequencies licensed to any public safety agency by the FCC or other radio licensing authority shall not be installed without prior coordination and approval of the Public Safety Radio System Operator. Section 510.5.2 Minimum qualifications of personnel. The minimum qualifications of the system designer and lead installation personnel shall include both of the following: 1. A valid FCC-issued general radio telephone operator’s license. 2. Certification of in-building system training issued by an approved organization or approved school, or a certificate issued by the manufacturer of the equipment being installed. Section 510.5.3 Acceptance test procedure. Where an emergency responder radio coverage system is required, and upon completion of installation, the building owner shall have the radio system tested to verify that two-way coverage on each floor of the building is in accordance with Section 510.4.1. The test procedure shall be conducted as follows: 1. Each floor of the building shall be divided into a grid of 20 approximately equal test areas, with a maximum test area size of 6,400 square feet. Where the floor area exceeds 128,000 square feet, the floor shall be divided into as many approximately equal test areas as needed, such that no test area exceeds the maximum square footage allowed for a test area. 2. Coverage testing of signal strength shall be conducted using a calibrated spectrum analyzer for each of the test grids. A diagram of this testing shall be created for each floor where coverage is provided, indicating the testing grid used for the test in Section 510.5.3(1), and including signal strengths and frequencies for each test area. Indicate all critical areas. 3. Functional talk-back testing shall be conducted using two calibrated portable radios of the latest brand and model used by the agency’s radio communications system or other equipment approved by the Fire Marshal. Testing shall use Digital Audible Quality (DAQ) metrics, where a passing result is a DAQ of 3 or higher. Communications between handsets shall be tested and recorded in the grid square diagram required by Section 510.5.3(2): each grid square on each floor; between each critical area and a radio outside the building; between each critical area and the fire command center or fire 94 CC: Legislative Development\Ordinances\Adopt 2018 Fire Code 1-19-21 BH:bjs Review and analysis by Barbara Saxton Page 17 of 24 alarm control panel; between each landing in each stairwell and the fire command center or fire alarm control panel. 4. Failure of more than 5 percent of the test areas on any floor shall result in failure of the test. Exception: Critical areas shall be provided with 99 percent floor area coverage. 5. In the event that two of the test areas fail the test, in order to be more statistically accurate, the floor shall be permitted to be divided into 40 equal test areas. Failure of not more than two nonadjacent test areas shall not result in failure of the test. If the system fails the 40-area test, the system shall be altered to meet the 95 percent coverage requirement. 6. A test location approximately in the center of each test area shall be selected for the test, with the radio enabled to verify two-way communications to and from the outside of the building through the public agency’s radio communications system. Once the test location has been selected, that location shall represent the entire test area. Failure in the selected test location shall be considered to be a failure of that test area. Additional test locations shall not be permitted. 7. The gain values of all amplifiers shall be measured, and the test measurement results shall be kept on file with the building owner so that the measurements can be verified during annual tests. In the event that the measurement results become lost, the building owner shall be required to rerun the acceptance test to reestablish the gain values. 8. As part of the installation, a spectrum analyzer or other suitable test equipment shall be utilized to ensure spurious oscillations are not being generated by the subject signal booster. This test shall be conducted at the time of installation and at subsequent annual inspections. 9. Systems incorporating Class B signal booster devices or Class B broadband fiber remote devices shall be tested using two portable radios simultaneously conducting subjective voice quality checks. One portable radio shall be positioned not greater than 10 feet (3048 mm) from the indoor antenna. The second portable radio shall be positioned at a distance that represents the farthest distance from any indoor antenna. With both portable radios simultaneously keyed up on different frequencies within the same band, subjective audio testing shall be conducted and comply with DAQ levels as specified in Sections 510.4.1.1 and 510.4.1.2. 10. Documentation maintained on premises. At the conclusion of the testing, and prior to issuance of the building Certificate of Occupancy, the building owner or owner’s representative shall place a copy of the following records in the DAS enclosure or the building engineer’s office. The records shall be available to the Fire Marshal and maintained by the building owner for the life of the system: a. A certification letter stating that the emergency responder radio coverage system has been installed and tested in accordance with this code, and that the system is complete and fully functional. 95 CC: Legislative Development\Ordinances\Adopt 2018 Fire Code 1-19-21 BH:bjs Review and analysis by Barbara Saxton Page 18 of 24 b. The grid square diagram created as part of testing in Sections 510.5.3(2) and 510.5.3(3). c. Data sheets and/or manufacturer specifications for the emergency responder radio coverage system equipment; back up battery; and charging system (if utilized). d. A diagram showing device locations and wiring schematic, e. A copy of the electrical permit. 11. Acceptance test reporting to Fire Marshal. At the conclusion of the testing, and prior to issuance of the building Certificate of Occupancy, the building owner or owner’s representative shall submit to the Fire Marshal an acceptance test report that includes items (10a-10e). Section 510.5.4 FCC compliance. The emergency responder radio coverage system installation and components shall comply with all applicable federal regulations including, but not limited to, FCC 47 CFR Part 90.219. Section 510.5.5 Mounting of the donor antenna(s). To maintain proper alignment with the system designed donor site, donor antennas shall be permanently affixed on the highest possible position on the building or where approved by the Fire Marshal. A clearly visible sign shall be placed near the antenna stating, “movement or repositioning of this antenna is prohibited without approval from the Fire Marshal or designee.” The antenna installation shall be in accordance with the applicable requirements in the International Building Code for weather protection of the building envelope. Section 510.5.6 Wiring. The backbone, antenna distribution, radiating, or any fiber-optic cables shall be rated as plenum cables. The backbone cables shall be connected to the antenna distribution, radiating, or copper cables using hybrid coupler devices of a value determined by the overall design.  Backbone cables shall be routed through an enclosure that matches the building’s required fire-resistance rating for shafts or interior exit stairways. The connection between the backbone cable and the antenna cables shall be made within an enclosure that matches the building’s fire-resistance rating for shafts or interior exit stairways, and passage of the antenna distribution cable in and out of the enclosure shall be protected as a penetration per the International Building Code. Section 510.5.7 Identification Signs. Emergency responder radio coverage systems shall be identified by an approved sign located on or near the Fire Alarm Control Panel or other approved location stating “This building is equipped with an Emergency Responder Radio Coverage System. Control Equipment located in room”. A sign stating “Emergency Responder Radio Coverage System Equipment” shall be placed on or adjacent to the door of the room containing the main system components. Section 510.6 Maintenance. The emergency responder radio coverage system shall be maintained operational at all times in accordance with Sections 510.6.1 through 510.6.7. 96 CC: Legislative Development\Ordinances\Adopt 2018 Fire Code 1-19-21 BH:bjs Review and analysis by Barbara Saxton Page 19 of 24 Section 510.6.1 Testing and proof of compliance. The owner of the building or owner’s authorized agent shall have the emergency responder radio coverage system inspected and tested annually or where structural changes occur including additions or remodels that could materially change the original field performance tests. Testing shall consist of the following items (1) through (7): 1. In-building coverage test as required by the Fire Marshal as described in Section 510.5.3, “Acceptance test procedure,” or 510.6.1.1, “Alternative in-building coverage test”. Exception: Group R Occupancy annual testing is not required within dwelling units. 2. Signal boosters shall be tested to verify that the gain/output level is the same as it was upon initial installation and acceptance or set to optimize the performance of the system. 3. Backup batteries and power supplies shall be tested under load of a period of 1 hour to verify they will properly operate during an actual power outage. If within the 1-hour test period the battery exhibits symptoms of failure, the test shall be extended for additional 1-hour periods until the integrity of the battery can be determined. 4. If a fire alarm system is present in the building, a test shall be conducted to verify that the fire alarm system is properly supervising the emergency responder communication system as required in Section 510.4.2.5. The test is performed by simulating alarms to the fire alarm control panel. The certifications in Section 510.5.2 are sufficient for the personnel performing this testing. 5. Other active components shall be checked to verify operation within the manufacturer’s specifications. 6. At the conclusion of the testing, a report that shall verify compliance with Section 510.6.1 shall be submitted to the Fire Marshal by way of the department’s third- party compliance vendor. 7. At the conclusion of testing, a record of the inspection and maintenance along with an updated grid diagram of each floor showing tested strengths in each grid square and each critical area shall be added to the documentation maintained on the premises in accordance with Section 510.5.3. Section 510.6.1.1 Alternative In-building coverage test. When the comprehensive test documentation required by Section 510.5.3 is available, or the most recent full five- year test results are available if the system is older than six years, the in-building coverage test required by the Fire Marshal in Section 510.6.1(1), may be conducted as follows: 1. Functional talk-back testing shall be conducted using two calibrated portable radios of the latest brand and model used by the agency’s radio communications system or other equipment approved by the Fire Marshal. Testing shall use Digital Audible Quality (DAQ) metrics, where a passing result is a DAQ of 3 or higher. Communications between handsets in the following locations shall be tested: between the fire command center or fire alarm control panel and a location outside the building; between the fire alarm control panel and each landing in each stairwell. 97 CC: Legislative Development\Ordinances\Adopt 2018 Fire Code 1-19-21 BH:bjs Review and analysis by Barbara Saxton Page 20 of 24 2. Coverage testing of signal strength shall be conducted using a calibrated spectrum analyzer for: (a) Three grid areas per floor. The three grid areas to be tested on each floor are the three grid areas with poorest performance in the acceptance test or the most recent annual test, whichever is more recent; and (b) Each of the critical areas identified in acceptance test documentation required by Section 510.5.3, or as modified by the Fire Marshal, and (c) One grid square per serving antenna. 3. The test area boundaries shall not deviate from the areas established at the time of the acceptance test, or as modified by the Fire Marshal. The building shall be considered to have acceptable emergency responder radio coverage when the required signal strength requirements in Sections 510.4.1.1 and 510.4.1.2 are located in 95 percent of all areas on each floor of the building and 99 percent in Critical Areas, and any non-functional serving antenna are repaired to function within normal ranges. If the documentation of the acceptance test or most recent previous annual test results are not available or acceptable to the Fire Marshal, the radio coverage verification testing described in 510.5.3 shall be conducted. The alternative in-building coverage test provides an alternative testing protocol for the in-building coverage test in subsection (1) of Section 510.6.1. There is no change or alternative to annual testing requirements enumerated in subsections (2) – (7) of Section 510.6.1, which must be performed at the time of each annual test. Section 510.6.2 Additional frequencies. The building owner shall modify or expand the emergency responder radio coverage system at his or her expense in the event frequency changes are required by the FCC or other radio licensing authority, or additional frequencies are made available by the FCC or other radio licensing authority Public Safety Radio System Operator or FCC license holder. Prior approval of a public safety radio coverage system on previous frequencies does not exempt this section. Section 510.6.3 Nonpublic safety system. Where other nonpublic safety amplification systems installed in buildings reduce the performance or cause interference with the emergency responder communications coverage system, the nonpublic safety amplification system shall be corrected or removed. Section 510.6.4 Field testing. The Fire Marshal or designee shall have the right to enter onto the property at any reasonable time to conduct field testing to verify the required level of radio coverage or to disable a system that due to malfunction or poor maintenance has the potential to impact the emergency responder radio system in the region. 98 CC: Legislative Development\Ordinances\Adopt 2018 Fire Code 1-19-21 BH:bjs Review and analysis by Barbara Saxton Page 21 of 24 AADD. Section 901 of the International Fire Code entitled “General” is amended by adding the following new subsection 901.7.9: Section 901.7.9 Fire Watch for Impaired Fire Protection Systems. In the event of failure of the emergency responder radio system, fire alarm system, fire sprinkler system or any other required fire protection system; or an excessive number of accidental alarm activations, the Fire Marshal is authorized to require the building owner or occupant to provide standby personnel as set forth in the International Fire Code until the system is restored, repaired or replaced. BBEE. Section 5601 of the International Fire Code entitled “General” is amended by adding the following new subsection 5601.3.1: Section 5601.3.1 Storage. The limits referred to in Chapter 56, Sections 5601.2.1, 5601.2.3 and 5601.3 of the International Fire Code, in which storage of explosives and blasting agents is prohibited, shall apply throughout the City. CCFF. Section 5608 of the International Fire Code entitled “Fireworks Display” is amended by substituting the following subsection 5608.2: Section 5608.2 Fireworks Prohibited. No person, firm or corporation shall manufacture, sell, or store fireworks in the City of Tukwila, except for a person granted a permit for a public display of fireworks shall be allowed to buy, possess, and store fireworks according to the permit granted. 1. Fireworks Discharge Prohibited. No person shall ignite or discharge any fireworks at any time. Exceptions: a. Displays authorized by permit issued by the City pursuant to RCW 70.77.260(2) now or as hereafter amended. b. Use by a group or individual for religious or other specific purposes on an approved date at an approved location pursuant to a permit issued pursuant to RCW 70.77.311(2)(c) now or hereafter amended and as required by Tukwila Municipal Code. c. Use of trick and novelty devices as defined in WAC 212-17-030, as amended, and as hereafter amended and use of agricultural and wildlife fireworks as defined in WAC 212-17-045, as amended and as hereafter amended. 2. Any person who violates any portion of this ordinance shall be subject to having their fireworks confiscated as provided for in RCW 70.77.435, and shall be guilty of a civil violation and penalty as provided in TMC Chapter 8.45. DDGG. Section 5608 of the International Fire Code entitled “Fireworks Display” is amended by adding the following new subsection 5608.2.3: Section 5608.2.3 Pyrotechnic Display Requirements. All fireworks displays shall conform to the following minimum standards and conditions: 1. All fireworks displays must be planned, organized, and discharged by a state-licensed pyrotechnician. 99 CC: Legislative Development\Ordinances\Adopt 2018 Fire Code 1-19-21 BH:bjs Review and analysis by Barbara Saxton Page 22 of 24 2. All pyrotechnic displays must comply with applicable requirements set forth in the WAC and RCW’s, the International Fire Code, applicable NFPA codes, and as required by the Tukwila Municipal Code. 3. A Pyrotechnic Display Permit must be submitted at least 45 days prior to the desired display date. Approval by the Fire Marshal is required prior to any display of pyrotechnics or the setup of the pyrotechnic display. 4. The fee for a Pyrotechnic Display Permit shall be in accordance with the Fire Department Fee Schedule adopted by resolution of the City Council. 5. At the discretion of the Fire Chief that such requirement is necessary to preserve the public health, safety and welfare, the Pyrotechnic Display Permit may require that Fire Department apparatus and fire personnel be on site from 30 minutes prior to the start until 30 minutes after the conclusion of the display. All compensation/costs for fire personnel and apparatus will be paid by the applicant in accordance with the fee schedule adopted by resolution of the City Council and amended from time to time. 6. Permits granted shall be in effect for the specified event, date and time. Permit applications shall specify if a pyrotechnic display is needed for a multi-day event (example: pyrotechnics for professional sports season, concert, or other multi-day event). 7. An approved Pyrotechnic Display Permit shall not be transferable. 8. The Chief of Police and the Fire Marshal are both directed to administer and enforce the provisions of this chapter. Upon request by the Chief of Police or the Fire Marshal, all other City departments and divisions are authorized to assist them in enforcing this chapter. 9. An approved Pyrotechnic Display Permit may be immediately revoked at any time deemed necessary by the Fire Marshal due to any noncompliance or weather conditions such as extremely low humidity or wind factor. The display may also be canceled by accidental ignition of combustible or flammable material in the vicinity due to fall debris from the display. 10. For displays other than the 4th of July, the permit application must also include a public notification plan for affected residents or businesses. This may include newspaper, radio, and/or television announcements; door to door distribution of written announcements; reader boards and/or other methods or media. The public notification plan is subject to approval by the Fire Chief or designee. Costs associated with public notification to affected residents shall be borne by the permit applicant. EEHH. Section 5704 of the International Fire Code entitled “Storage” is amended by adding the following subsection 5704.1.2: Section 5704.1.2 Tank Installation Restrictions. The installation of flammable and combustible liquid tanks shall comply with all applicable City standards, regulations, and zoning restrictions. 100 CC: Legislative Development\Ordinances\Adopt 2018 Fire Code 1-19-21 BH:bjs Review and analysis by Barbara Saxton Page 23 of 24 FFII. Appendix B of the International Fire Code entitled “Fire-Flow Requirements For Buildings” is amended Appendix B Table B105.2, “Required Fire Flow,” per the following: Table B105.2 Required Fire Flow. The percentage used in Table B105.2 shall be 50% of the required fire flow. Section 8. TMC Section 16.16.050 is hereby reenacted to read as follows: 16.16.050 Fees A. Fire Marshal’s Office Fees. and Fees for Fire Development Services, Fire Code Enforcement Services, and Fire Penalties. Fees shall be in accordance with the Fire Department Fee Schedule adopted by resolution of the City Council. B. Re-Inspection Fees: 1. Re-Inspection Fees for Fire Development Permits. When a construction inspection is scheduled for a Fire Development Permit and when the Fire Inspector arrives and finds that the work is not complete, or not ready for the inspection, or the permit construction documents are not on site, or the work does not comply with fire code requirements, another inspection will be required, and a re-inspection fee in accordance with the Fire Department Fee Schedule adopted by resolution of the City Council will be assessed and required to be paid before a follow-up inspection may be scheduled. 2. Re-inspection Fees for Operational Permit Inspections, Life Safety Inspections, New Business Inspections, and Fire Code Enforcement Inspections. A re-inspection fee will be assessed if, at a re-inspection, the Fire Inspector finds that the violations have not been corrected. The re-inspection fee(s) shall be in accordance with the Fire Department Fee Schedule adopted by resolution of the City Council and will be assessed and required to be paid before the inspection will be completed. C. False Alarms. False alarms shall not be given, signaled or transmitted or caused or permitted to be given, signaled or transmitted in any manner. After the first false alarm, any further false alarms shall be fined under the fee referenced in TMC Section 8.08.040. Section 9. TMC Section 16.16.060 is hereby reenacted to read as follows: 16.16.060 Conflicts with Existing Codes and Ordinances Whenever any provision of the International Fire Code or appendices adopted by this ordinance conflicts with any provision of any other adopted code or ordinance of the City, the provision providing the greater or most effective protection shall govern. 101 CC: Legislative Development\Ordinances\Adopt 2018 Fire Code 1-19-21 BH:bjs Review and analysis by Barbara Saxton Page 24 of 24 Section 10. Corrections by City Clerk or Code Reviser Authorized. 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 11. 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 12. 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 on February 1, 2021, after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this _______ day of ____________________, 2021. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Office of the City Attorney 102 City of Tukwila Washington Resolution No. A RESOLUTION OF THE CITYCOUNCILOF THE CITYOF TUKWILA, WASHINGTON, REPEALING RESOLUTION NO. 1967 AND ADOPTING A REVISED FIRE DEPARTMENT FEE SCHEDULE. WHEREAS, the City has analyzed current Fire Department fees for various services provided including, but not limited to, 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, re-inspections, and other services provided by the Fire Department; and WHEREAS, the City has not reviewed and updated fees charged by the Fire Department since 2019, and wishes to recategorize some of those fees; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. Repealer. Resolution No. 1967 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. CC:\Legislative Development\AdoptFire Dept Fee Schedule 1-19-21 BH:bjs Review and analysis by Barbara Saxton Page 1 of 6 103 CC:\Legislative Development\Adopt Fire Dept Fee Schedule 1-19-21 BH:bjs Review and analysis by Barbara Saxton Page 2 of 6 FIRE DEPARTMENT FEE SCHEDULE FIRE CONSTRUCTION PERMITS International Fire Code Construction Permits:  Flammable and Combustible Liquids  Hazardous Materials $500 each All other Fire Construction Permits regulated by the International Fire Code, and as amended in TMC Chapter 16.16, that do not have a separate listing in the fee schedule. $300 each Smoke Control System Plan Review $750.00 Mid-rise Smoke Control System Inspection $500.00 High-rise Smoke Control System Inspection $900.00 Fire Permit Plan Review Resubmittal $300.00 Emergency Responder Radio (ERRCS) Construction Permit $400.00 Pyrotechnic / Fireworks Display Limited Use Operational Permit $300.00 per event type and location + Fire Department standby cost (if required) Pyrotechnic / Fireworks Display Fire Standby Cost—per Fire Department standby person (when required by the Fire Chief) $130.00 per hour Tank: Installation $300 per tank Tank: Removal or Abandonment $300 per tank Fire Access and Infrastructure Construction Permit $500.00 FIRE ALARM SYSTEM FEES Number of Devices Plan Review Fee (Per Device) Review Inspection Fee (Per Device) Inspection 1 to 10 $300.00 $2.25 $150.00 $1.00 11 to 25 $300.00 $0.75 $250.00 $1.00 26 to 100 $350.00 $1.00 $275.00 $1.00 101 to 500 $400.00 $1.10 $500.00 $1.50 501 or More $500.00 $0.85 $1,100.00 $1.00 104 CC:\Legislative Development\Adopt Fire Dept Fee Schedule 1-19-21 BH:bjs Review and analysis by Barbara Saxton Page 3 of 6 COMMERCIAL FIRE SPRINKLER FEES Number of Heads Plan Review Fee (Per Head) Review Inspection Fee (Per Head) Inspection 1 to 10 $300.00 $2.50 $175.00 $1.50 11 to 25 $350.00 $2.50 $200.00 $1.50 26 to 50 $350.00 $2.30 $225.00 $1.50 51 to 100 $350.00 $2.25 $300.00 $1.50 101 to 1,000 $350.00 $1.90 $500.00 $1.30 1,001 or More $400.00 $2.25 $750.00 $1.00 Additional Systems Plan Review Fee Inspection Fee Per Riser $100.00 $100.00 Per Fire Pump $150.00 $300.00 13D SPRINKLER SYSTEM FEES Number of Heads Plan Review Fee (Per Head) Review Inspection Fee (Per Head) Inspection 1 to 10 $150.00 N/A $200.00 N/A 11 to 25 $175.00 N/A $250.00 N/A 26 or More $200.00 N/A $300.00 N/A COMMERCIAL CLEAN AGENT SYSTEMS AND COMMERCIAL KITCHEN FIRE PROTECTION SYSTEMS Plan Review Fee (Per Device) Review Inspection Fee $350.00 $1.00 $150.00 105 CC:\Legislative Development\Adopt Fire Dept Fee Schedule 1-19-21 BH:bjs Review and analysis by Barbara Saxton Page 4 of 6 OTHER FIRE SERVICES After-Hours Expedited Fire Plan Review $500.00 After-Hours Expedited Fire Inspection $500.00 Fire Review -- Alternative Materials and Methods: Residential $250.00 Fire Review -- Alternative Materials and Methods: Commercial $500.00 DEVELOPMENT, PUBLIC WORKS, MECHANICAL AND LAND USE PERMITS REVIEWED BY FIRE Wireless Communications Facility $150.00 Boundary Line Adjustment: Residential $100.00 Boundary Line Adjustment: Commercial $400.00 Lot Consolidation: Residential $100.00 Lot Consolidation: Commercial $400.00 Short Plat Fire Review $200.00 Subdivision Fire Review $500.00 SEPA Fire Review $400.00 Design Fire Review $400.00 Development Fire Review: Residential $150.00 Development Fire Review: Commercial $400.00 Public Works Fire Review: Residential $150.00 Public Works Fire Review: Commercial $300.00 Mechanical Fire Review: Residential $150.00 Mechanical Fire Review: Commercial $300.00 106 CC:\Legislative Development\Adopt Fire Dept Fee Schedule 1-19-21 BH:bjs Review and analysis by Barbara Saxton Page 5 of 6 LIFE SAFETY INSPECTIONS AND OPERATIONAL PERMITS Operational Fire Permits Regulated by the International Fire Code:  High Pile Storage  Flammable and Combustible Liquids  Hazardous Materials $300.00 each All other Operational Fire Permits regulated by the International Fire Code, and as amended in TMC Chapter 16.16, that do not have a separate listing in the fee schedule $175.00 each “Mobile” Operational Fire Permits $175.00 per vehicle if inspected in Tukwila. $75.00 per vehicle if inspected by another fire agency. Limited Use Operational Permits $175.00 New Business Life Safety Inspection $50.00 + Applicable Operational Permit Fees Annual Life Safety Inspection $50.00 + Applicable Operational Permit Fees ADMINISTRATIVE FEES Fire Protection System Confidence Testing Compliance Services – Per system fee collected by BRYCER “TCE” on behalf of the Tukwila Fire Marshal’s Office $15.00 per system Starting work before a permit issuance shall be subject to an investigation fee equal to 100% of applicable permit fees. A 5% Technology Fee will be added to all Fire fees unless the Technology Fee is already being charged by another City department. A 3% processing fee will be added if payment is made by credit card for Fire fees. 107 CC:\Legislative Development\Adopt Fire Dept Fee Schedule 1-19-21 BH:bjs Review and analysis by Barbara Saxton Page 6 of 6 Recovery of Hazardous Incident Response Costs TMC Chapter 6.14 Minimum fee for incident response costs = $250.00, plus any "extraordinary costs" as defined per TMC Chapter 6.14. REINSPECTION FEES: For Construction Permits, Operational Permits, life safety inspections or spot inspections. TMC 16.16.040 TMC 16.40.130 TMC 16.42.110 TMC 16.46.150 TMC 16.48.150 $175.00 per re-inspection APPEAL FEE TMC 16.16.090 TMC 16.40.170 TMC 16.42.150 TMC 16.46.170 TMC 16.48.170 $500.00 Special Event Permit TMC Section 16.16.030 $400.00, plus any applicable Limited Use Operational Fire Permits Section 3. Effective Date. This resolution and the fee schedule contained herein shall be effective February 1, 2021. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this _______ day of _________________, 2021. ATTEST/AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Kate Kruller, Council President APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Resolution Number: Office of the City Attorney 108 UPCOMING MEETINGS AND EVENTS JANUARY - FEBRUARY 2021 Due to COVID-19, meetings will be held electronically, with telephone access available (see agenda page). JAN 25 MON JAN 26 TUE JAN 27 WED JAN 28 THU JAN 29 FRI JAN 30 SAT ¾ Finance and Governance 5:30 PM Electronic meeting ¾ Transportation and Infrastructure Services 5:30 PM Electronic meeting ¾City Council Committee of the Whole Meeting 7:00 PM Electronic meeting Special Meeting to immediately follow the Committee of the Whole Meeting. ¾ Arts Commission 6:00 PM Electronic meeting ¾ Planning Commission 6:30 PM Electronic meeting Tukwila International Boulevard Action Committee Trash Pick-Up Day For more information, call Sharon Mann at 206-200-3616. FEB 1 MON FEB 2 TUE FEB 3 WED FEB 4 THU FEB 5 FRI FEB 6 SAT ¾ Community Services and Safety 5:30 PM Electronic meeting ¾ Planning and Community Development 5:30 PM Electronic meeting ¾City Council Regular Meeting 7:00 PM Electronic meeting ¾ Library Advisory Board 5:30 PM Electronic meeting Tukwila Pond Master Plan Community Meeting A new master plan is being developed to guide the future of Tukwila Pond Park. Please join us to share your ideas for how you would improve this hidden gem. The meeting will be held virtually. 6:30 PM - 8:00 PM To RSVP, visit www.tukwilawa.gov/Pond For more information, contact Tracy Gallaway at 206-767-2305 or Tracy.Gallaway@TukwilaWA.gov. ¾ Equity and Social Justice Commission 5:15 PM Electronic meeting ADOPT-A-SPOT AND BECOME A PARK STEWARD A year round partnership with residents, community groups and businesses to help beatify Tukwila’s parks and trails. Will you consider adopting a spot by pitching in to pick up litter in your favorite parks? For more information, call 206-767-2315 or visit tukwilawa.gov/residents/parks-recreation/adopt-a-spot. PARK N PLAY PROGRAM BEGINS AGAIN FOR THE WINTER! Mondays, Tuesdays & Thursdays Free meals, snacks, activity kits and other essentials! Tukwila Parks and Recreation will deliver free meals, activity kits and snacks. Staff will be at various school lunch sites in the morning, and then various parks around 12 PM. If you are having trouble making it out to a school site to pick up lunch, then visit us at the park! Mask and social distancing are required. For more information on locations and time, email ParksRec@TukwilaWA.gov. DRIVE THRU PICK-UP – 3118 S 140TH ST Regular pantry hours are 10:00 AM – 2:30 PM (Tue, Thu and Sat). Tukwila Pantry is in need of shopping bags. VOLUNTEERS – In need of volunteers between 8 AM – 1 PM for food packaging Mondays, Wednesdays and Fridays and food distributions Tuesdays, Thursdays and Saturdays. DONORS – Please donate at TukwilaPantry.org. STILL WATER SNACK PACK NEEDS YOUR DONATIONS AND VOLUNTEER HELP! SnackPack serves food bags on Fridays to Tukwila students in need. Volunteers needed on Wednesdays, 1 PM-3 PM, Thursdays 9 AM-10 AM and Fridays 9:45 AM -12:15 PM. Please donate to feed our Tukwila kids. For more information, call 206-717-4709 or visit facebook.com/TukwilaWeekendSnackPack. Checks can be mailed to Still Waters, PO Box 88576, Tukwila WA 98138. FREE COVID-19 TESTING 9:30 AM – 5:30 PM MON-SAT CHURCH BY THE SIDE OF THE ROAD 3455 S 148th St Drive-thru and walk-up testing is available. CHI Franciscan partners with King County and City of Tukwila to provide this free service. See flyer for information in multiple languages: records.tukwilawa.gov/WebLink/1/edoc/333100/page1.aspx For more information to register, call King County at 206-477-3977 (8am – 7pm) or visit www.chifranciscan.org/freetesting. THE GREAT TUKWILA CARRY-OUT - SUPPORT OUR RESTAURANTS! Many Tukwila restaurants are offering pick up and/or delivery options during the Stay Home, Stay Healthy Order. Help support Tukwila restaurants by ordering from one of the listed restaurants. Contact City of Tukwila using the online form if we missed a restaurant or if a restaurant is no longer offering services. For more information, visit TukwilaWA.gov/departments/economic-development/the-great-tukwila-carry-out. ¾ Arts Commission: 4th Wed., 6:00 PM. Contact Tracy Gallaway at Tracy.Gallaway@TukwilaWA.gov. ¾ Civil Service Commission: 2nd Mon., 5:00 PM. Contact Michelle Godyn at Michelle.Godyn@TukwilaWA.gov. ¾ Community Oriented Policing Citizens Advisory Board (COPCAB): 2nd Thurs., 6:30 PM. Contact Phi Huynh at P.Huynh@TukwilaWA.gov. ¾ Community Services and Safety Committee: 2nd & 4th Mon., 5:30 PM. Contact Laurel Humphrey at Laurel.Humphrey@TukwilaWA.gov. ¾ Equity and Social Justice Commission: 1st Thurs., 5:15 PM. Contact Niesha Fort-Brooks at Niesha.Fort-Brooks@TukwilaWA.gov. ¾ Finance Committee: 2nd & 4th Mon., 5:30 PM. Contact Laurel Humphrey at Laurel.Humphrey@TukwilaWA.gov. ¾ Human Services Advisory Board: Contact Hodo Hussein at Hodo.Hussein@TukwilaWA.gov. ¾ Library Advisory Board: 1st Tues., 5:30 PM. Contact John Dunn at John.Dunn@TukwilaWA.gov. ¾ Park Commission: 2nd Wed., 5:30 PM. Contact Kris Kelly at Kris.Kelly@TukwilaWA.gov. ¾ Planning and Economic Development Committee: 1st & 3rd Mon., 5:30 PM. Contact Laurel Humphrey at Laurel.Humphrey@TukwilaWA.gov. ¾ Planning Commission / Board of Architectural Review: 4th Thurs., 6:30 PM. Contact Wynetta Bivens at Wynetta.Bivens@TukwilaWA.gov. ¾ Transportation and Infrastructure Committee: 1st & 3rd Mon., 5:30 PM. Contact Laurel Humphrey at Laurel.Humphrey@TukwilaWA.gov. 109 Tentative Agenda Schedule MEETING 1 – REGULAR MEETING 2 – C.O.W. MEETING 3 – REGULAR MEETING 4 – C.O.W. JAN 4 See below link for the agenda packet to view the agenda items: January 4, 2020 Regular Meeting JAN 11 See below link for the agenda packet to view the agenda items: January 11, 2020 Committee of the Whole / Special Meeting JAN 18 Regular Meeting (1/19) cancelled due to a holiday week. JAN 25 See below link for the agenda packet to view the agenda items: January 25, 2020 Committee of the Whole / Special Meeting MEETING 1 – REGULAR MEETING 2 – C.O.W. MEETING 3 – REGULAR MEETING 4 – C.O.W. FEB 1 Special Presentation Swearing in of Police Commander Dale Rock. Consent Agenda - Approve an application for Lodging Tax Funds from Global to Local to support the development of digital marketing assets for the Spice Bridge International Food Hall located at Tukwila Village, in the amount of $5,000. - Authorize the Mayor to sign an agreement for telecommunications for asset sharing with Extenet Systems. - Authorize the Mayor to sign a grant agreement for the South 131st Place Drainage Improvements project, in the Amount of $225,000. -Authorize the Mayor to sign an Agreement with King County Metro for Transportation Demand for 2021-2022, in the amount of $225,000. - Authorize the Mayor to sign an Agreement for water reservoir sites. Unfinished Business COVID-19 Weekly Report. FEB 8 Special Issues - COVID-19 Weekly Report. - COVID-19 Financial Impact Report. Special Meeting to follow Committee of the Whole meeting. Consent Agenda Minor home repair program. - FEB 15 Regular Meeting (2/16) cancelled due to a holiday week. FEB 22 Special Issues - COVID-19 Weekly Report. - COVID-19 Financial Impact Report. Special Meeting to follow Committee of the Whole meeting. Consent Agenda Authorize the acceptance of the Waste Reduction and Recycling grant from King County for 2021-2022, in the amount of $69,717. 110