HomeMy WebLinkAboutPCD 2023-04-17 COMPLETE AGENDA PACKETCity of Tukwila
Planning and Community
Development Committee
O Kathy Hougardy, Chair
De'Sean Quinn
O Thomas McLeod
AGENDA
MONDAY, APRIL 17, 2023 — 5:30 PM
Distribution:
K. Hougardy
D. Quinn
T. McLeod
C. Delostrinos Johnson
Mayor Ekberg
D. Cline
R. Bianchi
C. O'Flaherty
A. Youn
L. Humphrey
THIS MEETING WILL BE CONDUCTED USING A HYBRID MODEL, WITH ATTENDANCE
AVAILABLE BOTH ON-SITE AT TUKWILA CITY HALL AND ALSO VIRTUALLY.
ON-SITE PRESENCE WILL BE IN THE HAZELNUT CONFERENCE ROOM
(6200 SOUTHCENTER BOULEVARD)
THE PHONE NUMBER FOR THE PUBLIC TO LISTEN TO THIS
MEETING Is: 1-253-292-9750, Access Code 604773150#
Click here to: Join Microsoft Teams Meeting
For Technical Support during the meeting call: 1-206-433-7155.
Item
Recommended Action
Page
1. BUSINESS AGENDA
a. An ordinance adopting 2021 State Building Codes.
a. Forward to 4/24 C.O.W. &
Pg.1
Jerry Hight, Budding Official
5/1 Regular Meeting.
b. An ordinance adopting Fire Code Changes.
b. Forward to 4/24 C.O.W. &
Pg.7
Jon Napier, Fire Marshal, Puget Sound Regional Fire Authority
5/1 Regular Meeting.
c. Discussion on Multi -Family Tax Exemption.
c. Discussion only.
Pg.73
Derek Speck, Economic Development Administrator
2. MISCELLANEOUS
Next Scheduled Meeting: May 1, 2023
SThe City of Tukwila strives to accommodate individuals with disabilities.
Please contact the City Clerk's Office at 206-433-1800 (TukwilaCityClerk@TukwilaWA.gov) for assistance.
TO:
City of Tukwila
Allan Ekberg, Mayor
Department of Community Development Nora Gier/off, Director
INFORMATIONAL MEMORANDUM
Allan Ekberg, Mayor
Planning & Community Development Committee
FROM:Nora Gierloff, DCD Director
BY: Jerry E Hight, Building Official
DATE: April 17, 2023
SUBJECT: Adoption of the 2021 Washington State Building Codes
ISSUE
The State Building Code Council has adopted the 2021 Washington State Building Codes with a statewide
effective date of July 1, 2023. Shall the City Council approve the adoption of the 2021 State Building Codes for
the City of Tukwila? Changes to the 2021 State Building Codes will not be made at this time.
BACKGROUND
The State Building Code Council was created to advise the legislature on building code issues and to develop
the building codes used within the State of Washington. In the course of development of the State Building Code
the Council holds public hearings, considers proposed state amendments and finally adopts the international
model codes and amendments.
DISCUSSION
Adoption of the State Building Codes by the City Council is necessary to enable enforcement of the new codes
within our jurisdiction. The design community, contractors, developers, manufacturers, material suppliers and
the standards publishers all depend on statewide uniformity in the codes that impact their businesses. More
importantly the citizens of Tukwila deserve to know that the built environment that they live, work, and play in
are designed with the latest fire, life, and safety measures.
FINANCIAL IMPACT
The 2023-2024 budget was previously adjusted for the necessary funds for training and code books to implement
the adoption of the new 2021 Washington State Building Codes.
RECOMMENDATION
The Council is being asked to approve the adopting ordinance for the 2021 Washington State Building Codes
with a statewide effective date of July 1, 2023.
ATTACHMENTS
Draft Ordinance
6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax 206-431-3665
1
2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, AMENDING ORDINANCE
NOS. 2171 §1 (PART), 2648 §2, §3 AND §4, AND 2673 §1,
AS CODIFIED AT MULTIPLE SECTIONS OF
TUKWILA MUNICIPAL CODE CHAPTER 16.04,
"BUILDINGS AND CONSTRUCTION," TO ADOPT
UPDATED STATE BUILDING CODES; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, pursuant to its municipal authority, the City of Tukwila 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 Chapter 19.27 RCW, and
municipalities are required to adopt the latest changes by July 1, 2023; and
WHEREAS, the City Council desires to adopt the 2021 State Building Code and
amendments, and other codes as specified herein, as reviewed by the City's Department of
Community Development and stated herein;
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. TMC Section 16.04.020 Amended. Ordinance Nos. 2171 §1 (part) and
2648 §2, as codified at Tukwila Municipal Code (TMC) Section 16.04.020, "Codes
Adopted" are hereby amended to read as follows:
16.16.020 Codes Adopted
A. Effective February 1, 2021 July 1, 2023, the specified editions of the following
model codes are adopted by reference as if fully set forth and as numerated in RCW
Chapte' 19.27 RCW:
CC:\Legislative Development\Adopt 2021 Building Code 4-12-23
Jerry Hight: Review by Andy Youn
Page 1 of 4
3
2018 2021 International Building Code with statewide amendments
ICC/ANSI A117.1-09, Accessible and Usable Buildings and Facilities, with
statewide amendments
2018 2u21 International Residential Code with statewide amendments
2018 2021 International Mechanical Code with statewide amendments
2018 2021 International Fuel Gas Code with statewide amendments (part of the
International Mechanical Code (IMC) adoption)
2017 2020 Liquefied Petroleum Gas Code (NFPA 58)
2018 2021 National Fuel Gas Code (NFPA 54) (for LP Gas installation only)
2020 2023 National Electrical Code with statewide amendments
2018 2021 Uniform Plumbing Code with statewide amendments, including
Appendices A, B and I
2018 2021 Washington State Energy Code
2018 2021 International Existing Building Code with statewide amendments
found in the IBC
2018 2021 International Swimming Pool and Spa Code
B. The International Building Code, 2018 2021 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 2021 Edition, is amended to include provisions regarding the
following work that is exempt from a building permit:
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 2u2 .. Edition, is amended to include provisions regarding the
following work that is exempt from a building permit:
CC:\Legislative Development\Adopt 2021 Building Code 4-12-23
Jerry Hight: Review by Andy Youn
4
Page 2 of 4
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 2021 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
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 2023 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 Section 16.04.030 Amended. Ordinance Nos. 2171 §1 (part) and
2648 §3, as codified at Tukwila Municipal Code (TMC) Section 16.04.030, "Filing Copies
of State Building Codes" are hereby amended to read as follows:
16.16.030 Filing Copies of State Buildings Codes
The Department of Community Development 'ermit Center shall maintain on -f -i -le sot
less than one copy ofa copy of software of the codes referred to in TMC Section 16.04.020
and the codes shall be open to public inspection.
CC:\Legislative Development\Adopt 2021 Building Code 4-12-23
Jerry Hight: Review by Andy Youn
Page 3 of 4
5
Section 4. TMC Section 16.04.250 Amended. Ordinance Nos. 2171 §1 (part),
2648 §4, and 2673 §1, as codified at Tukwila Municipal Code (TMC) Section 16.04.250,
"Procedures applicable to all construction permits," subparagraph B, are hereby amended
to read as follows:
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. Neither the Building Official nor the
jurisdiction shall be liable for expense entailed in the removal or replacement of any
material required to allow inspection.
Section 5. 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 scrivener's errors;
references to other local, state or federal laws, codes, rules, or regulations; or ordinance
numbering and section/subsection numbering.
Section 6. 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 7. 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 July 1,
2023, after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2023.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
CC:\Legislative Development\Adopt 2021 Building Code 4-12-23
Jerry Hight: Review by Andy Youn
6
Allan Ekberg, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 4 of 4
TO:
FROM:
BY:
CC:
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
Planning and Community Development Committee
Brian Carson, Fire Chief
Jon Napier, Division Chief/Fire Marshal
Mayor Ekberg
Nora Gierloff, AICP, Community Development Director
Jerry Hight, MCP, Building Official
DATE: April 11, 2023
SUBJECT: An Ordinance Adopting Fire Code Changes
ISSUE
Effective July 1St, 2023 the City will be required to enforce the 2021 state building codes,
including the International Fire Code. Tukwila Municipal Code Chapter 16.16 needs to be
updated to address the changes to Washington Administrative Code (WAC) Chapter 51-54A,
restructured for better readability, alignment with regional development standards, and support
Puget Sound Fire operations.
BACKGROUND
Every three years the State Building Code Council enters rule-making for the adoption of the
latest published life safety codes. The rule-making process includes the evaluation of proposed
public amendments and the published documents for use within the state. Public testimony is
received before the new code language is forwarded to the Legislature for adoption. WAC
Chapter 51-54A contains the State Building Code adoption and amendments to the 2021
Edition of the International Fire Code. The new codes go into effect on July 1St, 2023.
Section 19.27.031 of the Revised Code of Washington (RCW) requires the use of the state
building codes in all counties and cities. The state also allows the cities to amend the state
building code as it applies to their jurisdiction, RCW 19.27.040. The minimum performance
standards of the codes and objectives enumerated in RCW 19.27.020 shall not be diminished.
The Fire Prevention Division has evaluated WAC 51-54A, Tukwila Municipal Code Title 16 —
Buildings and Construction, and the local amendments utilized by Puget Sound Fire in their
agencies. The staff has drafted a proposed ordinance that syntheses the state and local
amendments to the International Fire Code.
DISCUSSION
Re -structure of codes
Significant changes contained in the ordinance were needed to restructure the document for
increased readability and to align with the local amendments found in the cities of Covington,
Kent, Maple Valley, and SeaTac. The local amendments used by Puget Sound Fire follow the
chapter topic format within the International Fire Code instead of individual chapters within the
municipality's code. This organizational philosophy consolidates all the code requirements
within TMC Chapter 16.16 which amends the International Fire Code chapters. An example
would be the movement of the fire alarm system requirements found in TMC 16.40 and the fire
7
INFORMATIONAL MEMO
Page 2
sprinkler requirements found in TMC 16.42 to TMC 16.16.090 titled Amendments to the
International Fire Code — Chapter 9 "Fire Protection Systems". This consolidation also ensures
that there are no code conflicts since all code language is contained within one chapter. This
streamlining allowed us to repeal the following chapters of the Tukwila Municipal Code:
• Chapter 16.20 Emergency Service Elevators
• Chapter 16.40 Fire Alarm Systems
• Chapter 16.42 Fire Suppression Systems
• Chapter 16.46 Fire Protection in Mid -Rise Buildings
• Chapter 16.48 Fire Protection in High -Rise Buildings
Code Evaluation
After the consolidation of the local code amendments, the codes were evaluated for consistency
with other regional jurisdictions and operational considerations for fire operations. Most local fire
amendments are required to address the needs of local fire departments for code administration
and emergency operations. There were no significant changes since the fire department code
administration and operations from Tukwila and Puget Sound Fire were very similar. Any
changes were made to harmonize the differences in language to ensure consistent application
jurisdiction -wide.
In the evaluation of the code regionally, we found significant differences which were unique to
Tukwila. It was determined that while these requirements elevated the fire protection
requirements within these buildings, there was no quantitative data to support the added cost to
development, added cost of maintenance and operation, long-term impacts to fire operations,
and the confusion presented to the development community. To create consistency, we will
propose the following:
• Utilize state building code requirements for mid -rise buildings.
• Utilize state building code requirements for high-rise buildings.
• Utilize Puget Sound Fire agencies' local amendments for fire alarm systems.
• Utilize Puget Sound Fire agencies' local amendments for fire suppression systems.
FINANCIAL IMPACT
No financial impact.
RECOMMENDATION
The Planning and Community Development Committee is being asked to review the draft
ordinance, and forward the ordinance to the April 241h, 2023, Committee of the Whole (COW)
meeting and subsequent May 1St, 2023 Regular City Council Meeting for approval.
ATTACHMENTS
Ordinance in draft form
8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, REPEALING ORDINANCE
NOS. 652, 2329, 2330, 2436, 2437, 2505, 2506, 2507, AND
2508, AS CODIFIED IN VARIOUS SECTIONS OF TUKWILA
MUNICIPAL CODE (TMC) TITLE 16, "BUILDINGS AND
CONSTRUCTION," REPEALING ORDINANCE NOS. 2650
AND 2672 AS CODIFIED IN TMC CHAPTER 16.16;
REENACTING TMC CHAPTER 16.16, "INTERNATIONAL
FIRE CODE," TO ADOPT THE 2021 EDITION OF THE
INTERNATIONAL FIRE CODE AND UPDATE TUKWILA
FIRE CODE REGULATIONS; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City Council desires to protect the health, welfare, and safety of Tukwila
residents by keeping current with the most recent International Fire Code regulations; 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, these updates are intended to better align the City's fire code requirements
with the International Fire Code, National Fire Protection Association (NFPA), and the Puget
Sound Regional Fire Authority; and
WHEREAS, to achieve this end, the City Council has determined it is in the public's
best interest to update its current fire prevention and protection regulations by adopting the
2021 Edition of the International Fire Code and appendices;
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.
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page 1 of 64
9
Section 2. Repealer. Ordinance Nos. 652, 2329, 2330, 2436, 2437, 2505, 2506, 2507,
and 2508, as codified in various sections of Tukwila Municipal Code (TMC) Title 16,
"Buildings and Construction," are hereby repealed in their entirety, thereby eliminating the
following chapters of the TMC:
Chapter 16.20
Chapter 16.40
Chapter 16.42
Chapter 16.46
Chapter 16.48
Emergency Service Elevators
Fire Alarm Systems
Fire Suppression Systems
Fire Protection in Mid -Rise Buildings
Fire Protection in High -Rise Buildings
Section 3. Repealer. Ordinance Nos. 2650 and 2672 are hereby repealed in their
entirety, thereby eliminating TMC Chapter 16.16, "International Fire Code."
Section 4. TMC Chapter 16.16 Reenacted. TMC Chapter 16.16 is hereby reenacted
to read as follows:
Sections:
16.16.010
16.16.020
16.16.030
16.16.040
16.16.050
16.16.060
16.16.070
CHAPTER 16.16
INTERNATIONAL FIRE CODE
Adoption of the International Fire Code
EnforcementConflicts with Existing Codes and Ordinances
Definition&Amendments to the International Fire Code —
Chapter 1, "Scope and Administration"
Amendments to the International Fire Code — Chapter 2,
`Definitions'
FeessAmendments to the International Fire Code — Chapter 3,
"General Requirements"
Conflicts with Existing Codes and OrdinancesAmendments to
the International Fire Code — Chapter 5, "Fire Service Features"
Amendments to the International Fire Code — Chapter 6,
"Building Services and Systems"
16.16.080 Amendments to the International Fire Code — Chapter 7, "Fire
and Smoke Prevention Features"
16.16.090 Amendments to the International Fire Code — Chapter 9, "Fire
Protection Systems"
16.16.100 Amendments to the International Fire Code — Chapter 11,
"Construction Requirements for Existing Buildings"
16.16.110 Amendments to the International Fire Code — Chapter 56,
16.16.120
16.16.130
"Explosives and Fireworks"
Amendments to the International Fire Code — Chapter 80,
"Referenced Standards"
Amendments to the International Fire Code — Appendix B,
"Fire -Flow Requirements for Buildings"
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
10
Page 2 of 64
Section 5. Certain Subparagraphs Recodified. As a result of updates contained
herein, various subparagraphs of "Amendments to the International Fire Code," formerly
codified as TMC Section 16.16.040, may be recodified into the following sections,
reenacted per Section 4 of this ordinance:
16.16.030 Amendments to the International Fire Code — Chapter 1, "Scope
and Administration"
16.16.050 Amendments to the International Fire Code — Chapter 3, "General
Requirements"
16.16.060 Amendments to the International Fire Code — Chapter 5, "Fire
Service Features"
16.16.090 Amendments to the International Fire Code — Chapter 9, "Fire
Protection Systems"
16.16.110 Amendments to the International Fire Code — Chapter 56,
"Explosives and Fireworks"
Section 6. 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 2021 Edition,
including Appendices Appendix 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 with the Puget Sound
Regional Fire Authority at the Fire Marshal's Office.
Section 7. TMC Section 16.16.020, previously codified as TMC Section 16.16.060,
"Conflicts with Existing Codes and Ordinances," is hereby reenacted to read as follows:
0-16.16.020 Enf rcementConflicts 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.
A. The International Fire Code shall be enforced by the Fire Marshal's Office within
the Fire Department.
B. There shall be a Firc Marshal in chargc of the Firc Marshal's Officc who shall bo
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page 3 of 64
11
Section 8. TMC Section 16.16.030 is hereby reenacted to read as follows:
16.16.030 DefinitionsAmendments to the International Fire Code — Chapter 1,
"Scope and Administration"
A. Section 104 of the International Fire Code, entitled "Duties and Powers of the
Fire Code Official," is amended by adding the following new subsection 104.1.1:
Section 104.1.1 Retained authority — Additional conditions. The Fire Code
Official retains the authority to impose additional conditions where the Official
determines it necessary to mitigate identified fire protection impacts and
problematic fire protection systems. These conditions may include, by way of
example and without limitation, increased setbacks, use of fire -retardant
materials, installation or modification of standpipes, automatic fire sprinkler and
fire alarm systems.
B. Section 104 of the International Fire Code, entitled "Duties and Powers of the
Fire Code Official," is amended by adding the following new subsection 104.13:
Section 104.13 Lot lines and setback lines. Notwithstanding the authority of
the Fire Code Official to administer and enforce the fire code, the Fire Code Official
shall have no duty to verify or establish lot lines or setback lines. No such duty is
created by this Code, and none shall be implied.
C. Section 105 of the International Fire Code, entitled "Permits," is amended by
substituting subsection 105.2.3 with the following:
Section 105.2.3 Expiration of applications. Expiration of applications shall be
in accordance with TMC Section 16.04.250.F.
D. Section 105 of the International Fire Code, entitled "Permits," is amended by
substituting subsection 105.3.1 with the following:
Section 105.3.1 Expiration. An operational permit shall remain in effect until
reissued, renewed or revoked, or for such a period of time as specified in the
permit. Construction permit expiration shall be in accordance with TMC Section
16.04.250.E.
E. Section 105 of the International Fire Code, entitled "Permits," is amended by
substituting subsection 105.5 with the following:
Section 105.5 Required operational permits. The Fire Code Official is
authorized to issue operational permits for the operations set forth in Sections
105.5.1 through 105.5.56.
F. Section 105 of the International Fire Code, entitled "Permits," is amended by
substituting subsection 105.5 with the following:
Section 105.5.32 Mobile food preparation vehicles. A permit is required for
mobile preparation vehicles equipped with appliances that produce smoke or
grease -laden vapors or utilize LP -gas systems or CNG systems.
Exception: Mobile food preparation vehicles which are not parked, or visiting a
location for more than three consecutive calendar days.
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
12
Page 4 of 64
G. Section 105 of the International Fire Code, entitled "Permits," is amended by
adding the following new subsection 105.5.53:
Section 105.5.53 Commercial Kitchens. An operational permit is required for
all commercial kitchens with type I hood systems.
Exception: No fee will be required if another operational fire permit in accordance
with Section 105.5 is issued for the occupancy.
€H. Section 105 of the International Fire Code, entitled "Permits," is amended by
adding the following new subsection 105.6.53105.5.54.
Section 105.6.53105.5.54 Emergency and Standby Power Systems. An
Operational Permit is required for emergency or standby power systems required
by code and identified in NFPA 110.
I. Section 105 of the International Fire Code, entitled "Permits," is amended by
adding the following new subsection 105.5.55:
Section 105.5.55 Fire Protection System Contractor. An operational permit is
required for all contractors or other entities performing any installation, inspection,
service, maintenance, or repair of any fire protection system.
J. Section 105 of the International Fire Code, entitled "Permits," is amended by
adding the following new subsection 105.5.56.
Section 105.5.56 Commercial Kitchen Hood and Duct Systems Contractor.
An operational permit is required for all contractors or other entities performing any
inspection or cleaning of commercial kitchen hood and duct systems.
K. Section 105 of the International Fire Code, entitled "Permits," is amended by
modifying subsection 105.6:
Section 105.6 Required construction permits. The Fire Code Official is
authorized to issue construction permits for work as set forth in Sections 105.6.1
through 105.6.26.
GL. Section 105 of the International Fire Code, entitled "Permits," is amended by
adding the following new subsection 105.7.28105.6.26:
Section 105.7.28105.6.26 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.
M. Section 107 of the International Fire Code, entitled "Fees," is amended by
substituting subsection 107.1 with the following:
Section 107.1 Fees. The Fire Code Official shall collect fees as a condition to
issuance or renewal of any permit or certificate.
N. Section 107 of the International Fire Code, entitled "Fees," is amended by
substituting subsection 107.2 with the following:
Section 107.2 Schedule of Permit Fees. The Fire Code Official shall prepare
a resolution establishing a schedule of fees for council consideration, which fees
shall include the cost involved in the processing, issuance, and renewal of permits
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page 5 of 64
13
and certificates. Any fee schedule adopted by resolution shall govern the fee
amount to be assessed for any permit or certificate.
O. Section 107 of the International Fire Code, entitled "Fees," is amended by
substituting subsection 107.4 with the following:
Section 107.4 Work commencing before permit issuance. When work for
which a permit is required by this code has commenced without a permit, the fees
shall be doubled. The payment of such fees shall not relieve any persons from the
requirements of this code or from any penalties prescribed by this code.
P. Section 107 of the International Fire Code, entitled "Fees," is amended by adding
the following new subsection 107.7:
Section 107.7 Termination. Failure to pay for the required renewal within 60
days of the date notice is given shall result in the City's termination of the permit.
I4Q. Section 108 109 of the International Fire Code, entitled "Maintenance," is
amended by substituting subsection 108.3109.3 with the following:
Section 108.3109.3 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 MarshalFire
Code Official, and a copy of the records shall be provided to the Fire MarshalFire
Code Official upon request. This applies to all life safety systems regulated by the
Fire Code that require periodic testing, inspections, and maintenance.
2. The Fire MarshalFire Code Official is authorized to prescribe the form
and format of such recordkeeping.
3. The Fire MarshalFire Code Official is authorized to require that certain
required records be filed with the Fire MarshalFire Code Official.
4. _ . ! _ _ - All test reports must be filed
with the Compliance Engine (https://www.TheComplianceEngine.com/) within 14
days of the reportable activity.
hR. Section 109 111 of the International Fire Code, entitled "Board of Appeals," is
amended by substituting Section 109 111 with the following:
Section 109-111 Appeals. Means of Appeals.
1. Whenever the Fire MarshalFire Code Official 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 MarshalFire Code
Official. The notice of appeal must be accompanied by an appeal fee in
accordance with the Tukwila Fire Department Permit Fee Schedule adopted by
resolution of the City Council.
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
14
Page 6 of 64
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.
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 MarchalFire Code
Official 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 MarshalFire Code Official, or
designee's, decision.
5. The decision of the Hearing Examiner shall be final.
MS. Section 110 112 of the International Fire Code entitled "Violations" is amended
by substituting subsection 110.1 112.4 with the following:
Section 110.4 112.4 Violations and Penalties.
1. Any person who shall violates any of the Fire Code provisions of TMC
Chapter 16.16 or the International Fire Code or who shall fails to comply therewith,
or who shall violates or fails to comply with any order made thereunder, or who
shall builds 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 chall fails to comply with such
an order as affirmed or modified by the Fire MarshalFire Code Official or by a court
of competent jurisdiction within the time fixed therein, shall, as deemed applicable
by the Fire Code Official, be subject to the enforcement proceedings provided in
TMC Chapter 8.45, or 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 110.1112.4, or imprisonment fora 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.
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page 7 of 64
15
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
MarshalFire Code Official 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.
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
the second offense.
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
otherwise be prohibited. Examples include a large event (public/corporate/private), fair,
City property.
Section 9. TMC Section 16.16.040 is hereby reenacted to read as follows:
16.16.040 Amendments to the International Fire Code — Chapter 2, "Definitions"
A. Section 202 of the International Fire Code, entitled "General Definitions," is
amended by adding the following definitions to subsection 202:
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
16
Page 8 of 64
Fire Code Official. The fire chief or other designated authority charged with
the administration and enforcement of the code, or a duly authorized
representative.
Outdoor storage. The on-site storage of materials outdoors, including
materials stored in vehicles, which are not in transit.
Problematic fire protection system. A fire protection system that generates
repeated preventable alarms.
TMC 14.24, Fire Hydrants
TMC 16.40, Fire Alarm Systems
TMC 16.42, Sprinkler Systems
TMC 16/16, 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
investigation of fires or the enforcement of the Fire Code as requested by thc Fire
Marshal.
B. Section 105 of the International Fire Code entitled "Permits" is amended by
adding the following new subsection 105.5.3:
'. - -
by the International Fire Code and will not exceed 180 days will require a Limited
Use -Operational -Permit
• a .
may also be required.
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.
a - ..
D. Section 105 of the International Fire Code entitled "Permits" is amended by
adding the following new subsection 105.6.31.3:
arc regulated by Section 105.6 of thc International Fire Code, the Fire Marshal has
the option to recognize a "vehicle specific" operational permit that has been issued
be issued for operations in Tukwila. The Fire Marshal retains the right to not
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page9of64
17
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
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 Firc Department Fee Schedule adopted by
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
permit fee, which shall be in addition to the required permit fee. This provision does
satisfaction of the Fire Marshal that such work, activity, or operation was urgently
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
18
Page 10 of 64
K. Section 108 of the International Fire Code entitled "Maintenance" is amended by
substituting 108.3 with the following:
-:
and other operations and maintenance shall be maintained on the premises or
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 thc Fire Marshal upon request. This
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/).
e. gee AA_
by substituting the following:
Section 109 Appeals.
1. Whenever the Fire Marshal disapproves an application or refuses to
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
a - e......
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.
behalf.
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
be limited to matters or i-_,ues raised in the Notice of Appeal.
3. Upon timely filing of a Notice of App I, thc Firc Marshal shall set a date
for hearing the appeal before the City's Hearing Examiner. Notice of the hearing
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page 11 of 64
19
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
build in violation of any detailed statement of specifications or plans submitted and
or by both such fine and imprisonment.
2. The imposition of one penalty for any violation shall not excuse 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
5. Fire Penalty Bail Schedule:
OFFENSE
Non compliance with orders and notices
Unlawful removal of a tag
Unlawful continuance of a hazard
Non compliance with a Stop Work Order
Illegal parking on firc apparatus access roads / Firc Lano
Failure to: Clean commercial kitchen hoods
Failure to: Maintain firc protection systems
Failure to: Conduct a required fire watch
BAIL
$5,000.00
$5,000.00
$5,000.00
$5,000.00
$100.00
$500-.00
$500.00
$500.00
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
20
Page 12 of 64
Failure to: Maintain commercial cooking extinguishing system&
$500.00
Failure to: Maintain means of egress continuity
$250.00
Failure to: Provide required UL central station monitoring
$500.00
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.
0. Local amendments to Chapter 5 of the International Firc Code entitled "Fire
•
adopted and incorporated into the International Firc Codc as follows:
Section 503 and Appendix D of the International Fire Codc entitled "Fire
,7
•
0103.2, D103.5 and D107.1.
P. Section 503 of the International Fire Code entitled "Buildings and Facilities" is
Section 503.1.1 Buildings and Facilities. Approved firc 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
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.
2. Where fire apparatus access roads cannot be installed because of
.. • .... . O .
conditions, and an approved alternative means of fire protection is provided.
Alternate means may include installation of stairs that extend to the roof, sprinkler
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
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page 13 of 64
21
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
Chapter 32.
S. 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 accec. roads:
1. Fire apparatus access roads and fire lanes shall have an unobstructed
2. Fire apparatus access road routes shall be approved by the Fire
Marshal.
Exception: When the fire apparatus access roams serving no more than 2 single
16 feet wide.
T. 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
Fire Marshal capable of supporting the imposed load of fire apparatus weighing at
least 85,000 lbs.
U. Section 503 of the International Fire Code entitled "Fire Apparatus Access
roads shall have a 28 foot minimum inside turning radius (curb radius) and a 50
foot minimum outside turning radius, unlet., 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
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.
V. Section 503 of the International Fire Code entitled "Fire Apparatus Access
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
22
Page 14 of 64
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 avo
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 accec's roads:
a. The turnaround / hammcrh d 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.
the Fire Marshal's Office, Fire Development Services website.
W. 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 firc apparatus access
approved by the Fire Marshal and shall be in accordance with subsection
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.
2. The road shall have an unobstructed width of not less than 20 feet, and
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.
X. Section 503 of the International Fire Code entitled "Fire Apparatus Access
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
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page 15 of 64
23
maintained in accordance with AASHTO Standard Specifications for Highway
Bridges.
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 bc installed and maintained, if required by the Fire
Marshal.
Y. 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 comply with the
following:
1. The grade of the access road to not exceed 15 percent and the cross
ee-
2. Driveway approach and departure angles for fire apparatus access shall
not exceed 10 percent for the first 75 feet when measured from the right of way,
unless otherwise approved by the Fire Marshal.
Z. Section 503 of the International Fire Code entitled "Fire Apparatus Accec.,
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
be marked as a fire lane per Section 503.3.
AA. 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
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 bc 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
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
24
Page 16 of 64
specified amount of time.
shall be designed to operate during a Toss of power or fail in the open position.
4. Gates shall be at a minimum as wide as the required acceroad width.
30 feet from roadway edge of pavement.
Knox padlock is required if the gate is locked.
their vehicle are not required to be set back 30 feet.
BB. 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
corridor shall comply with International Fire Code Section 1020. The access shall
courtyard without obstructions. The access door shall be marked at the street as
"Direct Fire Access to Courtyard".
CC. Section 510 of the International Fire Code entitled "Emergency Responder Radio
Section 510.1 Emergency Responder Radio Coverage (New Buildings).
buildings that meet any one of the following conditions:
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 bclow tho
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.
code and with the provisions of NFPA 1221 (current edition)
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page 17 of 64
25
Exceptions:
1. Buildings and areas of buildings that have minimum radio coverage
•99 0
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
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 510.1.1.1
the exterior of the building up to the highest point on thc roof.
Section 510.2 Emergency Responder Radio Coverage (Exi cti-n-g-Buildin-g-s).
Existing buildings shall be provided with approved radio coverage for emergency
responders when:
1. a ---
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
current assessed value of thc structure and impacts more than 50 percent of the
gross floor areo
3. When buildings, classes of buildings or specific occupancies do not have
an unduc risk to emergency responders that cannot be reasonably mitigated by
other means.
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
permit.
Prior coordination and approval from the Public Safety Radio System Operator is
O. MIMI
PSERN is the single operator of the county wide system (projected date Q4 2022
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).
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
26
Page 18 of 64
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
signal strength requirements in Scctions 510.4.1.1 through 510.4.1.3.
room(s), interior exit stairways, exit passageways, elevator lobbies, standpipe
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 95 dBm in 95 percent of the coverage area and 99
Quality (DAQ) of 3.0 or an equivalent Signal to Interference Plus Noise Ratio
Section 510.4.1.2 Minimum signal strength out of the building. The minimum
outbound signal strength shall be sufficient to provide usable voice
The outbound signal level shall be sufficient to provide not lens than a DAQ of 3.0
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.
Section 510.4.2 System design. The emergency responder radio coverage
system shall be designed in accordance with Scctions 510.4.2.1 through 510.4.2.8
and NFPA 1221 (2019).
Section 510.4.2.1 Amplification systems and components. Buildings and
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
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
•
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page 19 of 64
27
effective radiated power of radio sites, the maximum propagation delay in
microseconds, the applications being used and other supporting technical
owner's representative.
systems shall be provided with dedicated standby batteries or provided with 2 hour
accordance with Section 1203. The standby powcr supply shall be capable of
. I
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.
Gab inetc
s
2. Battery systems used for the emergency powcr source shall --bo
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
5. Bi Directional Amplifiers (BDAs) used in emergency responder radio
coverage systems shall be fitted with anti oscillation circuitry and per channel AGC.
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.
7. Unless otherwise approved by the Public Safety Radio System Operator,
only channelized signal boosters shall be permitted.
in writing by the Public Safety Radio System Operator.
BDAs must also comply with PSERN's detailed requirements, which include
and P25 Phase II (TDMA). Information regarding PSERN requirements can be
found via their website (https://PSERN.org).
Section 510.4.2.5 System monitoring. The emergency responder radio
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
28
Page 20 of 64
system in accordance with NFPA 72. The following conditions shall be separately
annunciated by the fire alarm systcm, or, if the status of each of the following
conditions is individually displayed on a dedicated panel on the radio enhancement
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).
6. Active system component malfunction.
7. Malfunction of the communications link between the fire alarm system
Section 510.4.2.6 Additional frequencies and change of frequencies. The
A MA
expansion in thc event frequency changes arc required by the FCC or other radio
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 bo
engineered to minimizc thc n r far effect. Radio enhancement systcm designs
Exceptions:
1. Class A narrow band signal booster devices with independent AGC/ALC
circuits per channel.
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 -prier -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
both of the following:
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page 21 of 64
29
1. A valid FCC issued general radio telephone operator's license.
equipment being installed.
Section 510.5.3 Acceptance test procedure. Where an emergency responder
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
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 coverages 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 ar as.
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
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
critical area and the fire command center or fire alarm control panel; between each
landing in ch stairwell and the fire command center or fire alarm control panel.
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
the 95 percent coverage requirement.
and from the outside of the building through the public agency's radio
communications system. Once the test location has been selected, that location
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
30
Page 22 of 64
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 thc event that—the
measurement results become lost, the building owner shall be required to rerun the
8. As part of the installation, a spectrum analyzer or other suitable test
equipment shall be utilized to ensure spurious oscillations arc 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
farthest distance from any indoor antenna.
With both portable radios
audio testing shall be conducted and comply with DAQ levels as specified in
. a
10. Documentation maintained on premises. At the conclusion of the testing,
and prior to issuance of thc building Certificate of Occupancy, the building owner
or owner's representative shall place a copy of the following records in the DAS
Fire Marshal and maintained by the building owner for the life of the system:
a. A certification letter stating that the emergency responder radio
that the system is complete and fully functional.
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
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
Section 510.5.4 FCC compliance. The emergency responder radio coverage
..
..
•
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page 23 of 64
31
Section 510.5.5 Mounting of the donor antenna(s). To maintain proper
alignment with thc system designed donor site, donor antennas shall be
permanently affixed on the highest po"s,ible position on thc building or where
approved by thc Firc Marshal. A clearly visible sign shall be placed near the
antenna stating, "movement or repositioning of this antenna is prohibited without
approval from thc Firc Marshal or designee." The antenna installation shall be in
accordance with thc applicable requirements in the International Building Code for
weather protection of the building envelope.
fiber optic cables shall be rated as plenum cables. The backbone cables shall be
see -
coupler devices of a value determined by the overall design. Backbone cables
matches the building's fire resistance rating for shafts or interior exit stairways, and
•
protected as a penetration per the International Building Code.
Section 510.5.7 Identification—S-ig-n-s. Emergency responder radio coverage
systems shall be identified by an approved sign located on or near the Fire Alarm
Emergency Responder Radio Coverage System. Control Equipment located in
room".
A sign stating "Emergency Responder Radio Coverage System Equipment" shall
components.
Section 510.6 Maintenance. The emergency responder radio coverage system
through 510.6.7.
Section 510.6.1 Testing and proof of compliance. The owner of the building or
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
performance of the system.
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
32
Page 24 of 64
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
determined.
ak
INA
communication system as required in Section 510.4.2.5. The test is performed by
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
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
•
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
location outside the building; between the fire alarm control panel and each landing
in each stairwell.
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
(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
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page 25 of 64
33
the required signal strength requirements in Sections 510.4.1.1 and 510.4.1.2 are
•
- --e •• e -
within normal ranges. If the documentation of the acceptance test or most recent
radio coverage verification testing described in 510.5.3 shall be conducted.
protocol for the in building coverage—test in subsection (1) of Section
•
enumerated in subsections (2) (7) of Section 510.6.1, which must be
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 arc required by the FCC or other radio licensing
Section 510.6.3 Nonpublic safety system. Where other nonpublic safety
amplification systems installed in buildings reduce thc performance or cause
nonpublic safety amplification system shall be corrected or removed.
Section 510.6.4 Field testing. The Fire Marshal or designee shall have the right
e
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.
DD. Section 901 of the International Fire Code entitled "General" is amended by
adding thc following new subsection 901.7.9:
Section 901.7.9 Fire Watch for Impaired Fire Protection Systems. In the event
Fire Code until the system is restored, repaired or replaced.
EE. 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.
FF. Section 5608 of the International Fire Code entitled "Fireworks Display" is
amended by substituting the following subsection 5608.2:
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
34
Page 26 of 64
Section 5608.2 Fireworks Regulations. No person, firm or corporation shall
manufacture, sell, or store fireworks in the City of Tukwila, except for a person
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
Tukwila Municipal Code.
c. Use of trick and novelty devices as defined in WAC 212 17 030, as
d. Legal consumer fireworks, as defined by RCW 70.77.136 now enacted
by combustion and which must comply with the construction, chemical
composition, and labeling regulations of the United States Consumer Product
•
device containing 50 milligrams or less of explosive materials provided that
devices that are aerial, airborne, discharged, launched, or explode are prohibited.
2. Limitation on Use of Legal Consumer Fireworks.
immediate supervision of an adult (18 years old or older).
stand in which fireworks are sold at retail or stored after hours:
c. It is unlawful for any person to discharge any fireworks, or to permit the
discharge of fireworks, within 300 feet of any + tEFrc bu +,tibTc m ter,al of
hours.
animal, vehicle, thing or object.
e. It is unlawful to have in possession or to use, fire, or discharge any
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page 27 of 64
35
f. During periods of extreme fire danger, the local fire official may prohibit
the discharge of all fireworks including those described in subparagraph FF.1.d
above.
g. Legal consumer fireworks may only be used or discharged within the City
on the following days and times as provided in RCW 70.77.395:
From 12:00 noon to 11:00 p.m. on June 28th of each year;
From 9:00 a.m. to 11:00 p.m. on each day from June 29th through July 3rd
of each year;
From 900 a.m. to 12:00 midnight on July 4th of each year;
From 9:00 a.m. to 11:00 p.m. on July 5th of each year; and
...
■
ti.
subsequent year.
3. Temporary Fireworks Stands. Retail sales of fireworks shall be permitted
conditions:
business license.
b. Applications for temporary fireworks stand permits shall be made to the
AA MA
accordance with the fee schedule adopted by resolution of the City Council.
April 15 and June 1st of the year for which the permit is sought.
c. Any issued permit shall be used only by the designated permittee and
shall be nontransferable.
d. The maximum number of permits ued by the City in any year shall not
exceed four. Applications shall be reviewed on a first come, first served basis.
e. A temporary fireworks stand permit shall be issued only upon complianco
with the following terms and conditions:
thereof to engage in the fireworks business.
coverage of not Tess than S50,000; and S500,000 for bodily injury liability for -
person and occurrence, respectively; and not less than $50,000 for property
the requirements of RCW 70.77.270.
f. Temporary fireworks stands shall be erected under the supervision of
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
36
Page 28 of 64
(1) Temporary fireworks stands shall not be located:
Within 100 feet of any gasoline stations, oil storage tanks, or
premises where flammable liquids are kept or stored;
Closer than 20 feet to buildings, combustibles, parking, storage,
public roads, motor vehicle traffic, or generators;
Within 25 feet of any property line;
Within 100 feet of tents, other fireworks stands, fuel dispensing
devices, retail propane dispensing stations, flammable liquid storage, and
combustible storage; and
Within 300 feet of bulk fuel storage.
displayed on the fireworks stand.
No fireworks shall be left unattended in a stand.
location of the stand to at least a distance of 20 feet.
(6) All unsold fireworks, cartons and other rubbish shall be removed from
the location and from the City by 12:00 noon on July 6 each y r. The fireworks
stand shall be dismantled and removed from the location by 12:00 noon on July 10
ch year.
(7) Fireworks shall not be discharged within 300 feet of a fireworks stand.
Signs reading "NO FIREWORKS DISCHARGE WITHIN 300 FEET" shall be in
four sides of the stand.
(8) Fireworks retailers shall not knowingly sell fireworks to persons under
the age of 16 and shall require proof of age by means of display of a driver's license
foreign government showing a photograph and date of birth.
(9) Retail sales of legal consumer fireworks shall only be allowed within
the City on the following days and times as provided in RCW 70.77.395 as now
From 12:00 noon to 11:00 p.m. on June 28th of each year;
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page 29 of 64
37
From 9:00 a.m. to 11:00 p.m. on each day from June 29th through July
'lth of each year;
From 9:00 a.m. to 9:00 p.m. on July 5th of each year,
From 12:00 noon to 11:00 p.m. on each day from December 27th
through December 31st of each year.
(10) If the fireworks stand is proposed for placement on leased
use is acceptable.
4. Any person who violates any portion of this ordinance shall have their
fireworks subject to seizure by the Tukwila Police Chief, or designee, as provided
.-
in TMC Chapter 8.45.
loss caused by the offense.
GG.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:
state licensed pyrotechnician.
•
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
display of pyrotechnics or the setup of the pyrotechnic display.
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
- i ---- wee..
minutes prior to the start until 30 minutes after the conclusion of the display. All
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.
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
38
Page 30 of 64
event (example: pyrotcchnics 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 thc provisions of this chapter. Upon request by the Chief of Police or
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.
include newspaper, radio, and/or television announcements; door to door
distribution of written announcements; reader boards and/or other methods or
HH. Section 5704 of the International Fire Code entitled "Storage" is amended by
adding thc 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.
II. 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 10. TMC Section 16.16.050 is hereby reenacted to read as follows:
16.16.050 FeesAmendments to the International Fire Code — Chapter 3, "General
Requirements"
NA. 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.
A. Fire Marshal's Office Fees, and Fees for Fire Development Services, Fire
Code Enforcement Services, and Fire Penalties. Fccs shall be in accordance with the
Fire Department Fee Schedule adopted by resolution of the City Council.
B. Re4n-spection Fees:
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page 31 of 64
39
1. Re Inspection Fees for Fire Development Permits. When a construction
inspection is scheduled for a Fire Development Permit and when the Fire Inspector
Aft
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
2. Re-i-n-spection 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
assessed and required to be paid before the inspection will be completed.
Section 8.08.040.
Section 11. TMC Section 16.16.060 is hereby reenacted to read as follows:
16.16.060
-ee e •
International Fire Code — Chapter 5, "Fire Service Features"
Amendments to the
A. Section 503 of the International Fire Code, entitled "Fire Apparatus Access
Roads," is hereby adopted.
PB. Section 503 of the International Fire Code, entitled _' . . ' ' Fire
Apparatus Access Roads," 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 MarshalFire Code Official is authorized to increase the
distance:
1. Up to 200 300 feet where the building is equipped throughout with an
approved automatic sprinkler system installed.
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.
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
40
Page 32 of 64
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.
QC. Section 503 of the International Fire Code entitled "Additional Access" is
amended by substituting subsection 503.1.2 with the following:
Section 503.1.2 Additional Access. The Fire MarshalFire Code Official 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.
SD. 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
MarshalFire Code Official.
3. 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.
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 MarshalFire Code Official may approve a reduced width, but the reduction
shall not be less than 16 feet wide.
TE. 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. Read—Surface. Fire apparatus access roads shall be
constructed with a surface of asphalt or concrete or other permanent material
approved by the Fire Marshal Fire Code Official, capable of supporting the imposed
load of fire apparatus weighing at least 85,000 lbs (38,555 kg).
IJF. 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 2830 -foot minimum inside turning radius (curb radius) and a 50 -
foot minimum outside turning radius, unless otherwise approved by the Fire
MarshaFFire Code Official.
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page 33 of 64
41
1
1
42
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
further from the center of the lane in the direction of travel. The size of curb radii
WG. 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 -Ends. 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 MarshalFire Code Official. and shall be in accordance
Exception: The Fire Marshal Fire Code Official is authorized to increase the
length up to 200 300 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.
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.
XH. 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 MarshalFire Code Official and the City's Public Works
Director, or their designees; at a minimum, however, the bridge or elevated surface
shall be constructed and maintained in accordance with AASHTO Standard
Specifications for Highway Bridges.
1. Bridges and elevated surfaces shall be designed for a live load sufficient
to carry the imposed loads of an 85,000 Ib. fire apparatus, the total imposed load
to be determined by the Fire MarshalFire Code Official.
2. Vehicle load limits shall be posted at both entrances to bridges when
required by the Fire MarshalFire Code Official.
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
MarshalFire Code Official.
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page 34 of 64
Yl. 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 comply with the
following:
1. The grade of the acce°s road toFire apparatus access roads shall not
exceed 15 percent longitudinal and/or the cross slope shall not exceed 6 percent
laterally in grade.
2. Driveway approach and departure angles for fire apparatus access shall
not exceed 10 percent for the first 75 feet when measured from the right of way,
unless otherwise approved by the Fire Marshal Fire Code Official.
J. Section 503 of the International Fire Code, entitled "Fire Apparatus Access
Roads," is amended by substituting subsection 503.3 with the following:
Section 503.3 Marking. Fire apparatus access roads shall be marked whenever
necessary to maintain the unobstructed minimum required width of roadways.
Subject to the Fire Code Official's prior written approval, marked fire apparatus
access roads, or "fire lanes," may be established or relocated at the time of plan
review, pre -construction site inspection, and/or post construction site inspection as
well as any time during the life of the occupancy. Only those fire apparatus access
roads established by the fire code official can utilize red marking paint and the term
"fire lane." Fire lanes shall be marked as directed by the Fire Code Official.
Section 503.3.1 Type 1. Type 1 marking shall be installed to identify fire
lanes on hammerhead turnarounds, commercial and multi -family developments or
as directed by the Fire Code Official.
Section 503.3.2 Type 2. Type 2 marking shall be installed to identify fire
lanes in one- and two-family dwelling developments, or as directed by the Fire
Code Official.
Section 503.3.3 Type 3. Type 3 marking shall be installed to address
situations where neither Type 1 or 2 marking is effective as determined by the Fire
Code Official.
Specific areas designated by the Fire Code Official shall be marked with
diagonal striping across the width of the fire lane. Diagonal marking shall be used
in conjunction with painted curbs and/or edge striping and shall run at an angle of
30 to 60 degrees from one side to the other. These diagonal lines shall be in red
traffic paint, parallel with each other, at least 6 inches in width, and 24 inches apart.
Lettering shall occur as with Type 1 marking.
K. Section 503 of the International Fire Code, entitled "Fire Apparatus Access
Roads," is amended by substituting subsection 503.5 with the following:
Section 503.2 Required gates or barricades. The Fire Code Official is
authorized to require the installation and maintenance of gates or other approved
barricades across fire apparatus access roads, trails, or other accessways, not
including public streets, alleys, or highways. Installations shall meet the following:
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page 35 of 64
43
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
MarshalFire Code Official, 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.
30 feet from roadway edge of pavement.
5. If manually operated,
Knox padlock is required if the gate is locked.
6. Installations must be set back 40 feet from roadway edge of pavement.
Exception: Automated gates meeting the requirements of item 2 of this
subsection.cquippcd with "Click 2 Enter" or other authorized equipment that allows
required to be set back 30 feet.
AAL. Section 503 of the International Fire Code entitled "Security GatcsFire
Apparatus Access Roads" 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 MarshalFire Code Official.
The use of directional limiting devices (tire spikes) is prohibited. Where security
gates, bollards or other obstructions aroWhere installed, they shall have an
approved means of emergency operation. The installation of security gates,
bollards, and other obstructions shall be in accordance with 503.5. The security
gates, bollards or other obstruction and the emergency operation shall be
maintained operational at all times. The use of directional -limiting devices (tire
spikes) is prohibited.
M. Section 503 of the International Fire Code, entitled "Fire Apparatus Access
Roads," is amended by adding the following new subsection 503.7:
Section 503.7 Establishment of fire lanes. Fire lanes in conformance with this
code shall be established by the Fire Code Official and shall be in accordance with
503.7.1 through 503.7.8.
Section 503.7.1 Obstruction of fire lanes prohibited. The obstruction of a
designated fire lane by a parked vehicle or any other object is prohibited and shall
constitute a traffic hazard as defined in State law and an immediate hazard to life
and property.
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
44
Page 36 of 64
Section 503.7.2 Existing fire lane signs and markings. The following signs
and markings shall be provided:
1. Signs (minimum nine -inch by 16 -inch) may be allowed to remain until
there is a need for replacement and at that time the sign shall meet the
requirements of subsection 503.3.2.
2. Markings may be allowed to remain until there is a need for repainting
and at that time the provisions outlined in 503.3 shall be complied with.
Section 503.7.3 Maintenance. Fire lane markings shall be maintained at the
expense of the property owner(s) as often as needed to clearly identify the
designated area as being a fire lane.
Section 503.7.4 Towing notification. At each entrance to any property where
fire lanes have been designated, signs shall be posted in a clearly conspicuous
location and shall clearly state that vehicles parked in fire lanes may be
impounded, and the name, telephone number, and address of the towing firm
where the vehicle may be redeemed.
Section 503.7.5 Responsible property owner. The owner, manager, or person
in charge of any property upon which designated fire lanes have been established
shall prevent the parking of vehicles or placement of other obstructions in such fire
lanes.
Section 503.7.6 Violation — Penalty. Penalties of this section shall be in
accordance with Section 112.4.
Section 503.7.7 Impoundment. Any vehicle or object obstructing a designated
fire lane is declared a traffic hazard and may be abated without prior notification to
its owner by impoundment pursuant to the applicable State law in accordance with
Section 112.4. The owner or operator shall be responsible for all towing and
impound charges.
N. Section 503 of the International Fire Code, entitled "Fire Apparatus Access
Roads," is amended by adding the following new subsection 503.8:
Section 503.8 Commercial and Industrial Developments. Fire apparatus
access roads serving commercial and industrial developments shall be in
accordance with Sections 503.8.1 through 503.8.3.
Section 503.8.1 Buildings or facilities exceeding three stories or 30 feet in
height. Buildings or facilities exceeding 30 feet or three stories in height shall
have at least two means of fire apparatus access for each structure.
Section 503.8.2 Buildings or facilities exceeding 62,000 square feet in area.
Buildings or facilities having a gross building area of more than 62,000 square feet
shall be provided with two separate and approved fire apparatus access roads.
Exception: Buildings or facilities having a gross building area of up to 124,000
square feet that have a single approved fire apparatus access road when all
buildings or facilities are equipped throughout with approved automatic sprinkler
systems.
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page 37 of 64
45
Section 503.8.3 Remoteness. Where two access roads are required, they shall
be placed a distance apart equal to not less than one half of the length of the
maximum overall diagonal dimension of the property or area to be served,
measured in a straight line between accesses or as approved by the Fire Code
Official and the fire chief.
O. Section 503 of the International Fire Code, entitled "Fire Apparatus Access
Roads," is amended by adding the following new subsection 503.9:
Section 503.9 Aerial fire apparatus roads. The fire apparatus access roads
that accommodate aerial fire apparatus shall be in accordance with Sections
503.9.1 through 503.9.4.
Section 503.9.1 Where required. Buildings, or facilities, or portions of buildings
thereof exceeding 30 feet in height above the lowest level of fire department
vehicle access shall be provided with approved fire apparatus access roads that
are capable of accommodating fire department aerial apparatus. Overhead utility
and power lines shall not be located within the aerial fire apparatus access
roadway.
Section 503.9.2 Width. Aerial fire apparatus access roads shall have a minimum
unobstructed width of 26 feet, exclusive of shoulders, in the immediate vicinity of
any building or portion of building more than 30 feet in height.
Section 503.9.3 Proximity to building or facility. At least one of the required
access routes meeting this condition shall be positioned parallel to one entire side
of the building or facility. The location of the parallel access route shall be
approved.
Section 503.9.4 Obstructions. Overhead utility and power lines shall not be
located over the aerial fire apparatus access road or between the aerial apparatus
access road and the building or facility. Other obstructions shall be permitted to be
placed with the approval of the Fire Code Official.
P. Section 503 of the International Fire Code, entitled "Fire Apparatus Access
Roads," is amended by adding the following new subsection 503.10:
Section 503.10 Multi -family residential developments. The fire apparatus
access roads serving multi -family residential developments shall be in accordance
with Sections 503.10.1 through 503.10.3.
Section 503.10.1 Projects having from 100 through 200 dwelling units.
Projects having from 100 through 200 dwelling units shall be provided with two
separate and approved fire apparatus access roads.
Exception: Projects having up to 200 dwelling units may have a single approved
fire apparatus access road when all buildings, including nonresidential
occupancies, are equipped throughout with approved automatic sprinkler systems
installed in accordance with Section 903.3.1.1 or 903.3.1.2.
Section 503.10.2 Projects having more than 200 dwelling units. Projects
having more than 200 dwelling units shall be provided with two separate and
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
46
Page 38 of 64
approved fire apparatus access roads regardless of whether they are equipped
with an approved automatic sprinkler system.
Section 503.10.3 Remoteness. Where two access roads are required, they
shall be placed a distance apart equal to not less than one half of the length of the
maximum overall diagonal dimension of the property or area to be served,
measured in a straight line between accesses or as approved by the Fire Code
Official and the fire chief.
Q. Section 503 of the International Fire Code, entitled "Fire Apparatus Access
Roads," is amended by adding the following new subsection 503.11:
Section 503.11 One- and Two-family residential developments. The fire
apparatus access roads serving one- and two-family residential developments
shall be in accordance with Section 503.11.1 and 503.11.2.
Section 503.11.1 Projects having more than 30 dwelling units. Developments
of one- or two-family dwellings where the number of dwelling units exceeds 30
shall be provided with two separate and approved fire apparatus access roads.
Exceptions:
1. Where there are more than 30 dwelling units on a single public or private
fire apparatus access road and all dwelling units are equipped throughout with
approved automatic sprinkler systems installed in accordance with Section
903.3.1.1, 903.3.1.2, or 903.3.1.3 of the International Fire Code, access from two
directions shall not be required.
2. The number of dwelling units on a single fire apparatus access road shall
not be increased unless fire apparatus access roads will, within a reasonable time,
connect with future development, as determined by the Fire Code Official.
Section 503.11.2 Remoteness. Where two access roads are required, they
shall be placed a distance apart equal to not less than one half of the length of the
maximum overall diagonal dimension of the property or area to be served,
measured in a straight line between accesses or as approved by the Fire Code
Official and the fire chief.
R. Section 503 of the International Fire Code, entitled, "Fire Apparatus Access
Roads," is amended by adding the following new subsection 503.12:
Section 503.12 Underground structures. Installation of underground
structures under or within 10 feet of fire apparatus access roads shall be designed
using approved load criteria that shall accommodate the loading of fire department
aerial apparatus unless otherwise approved.
BBS. Section 504 of the International Fire Code, entitled "Access to Building
Openings and Roofs," is amended by adding the following new subsection 504.5504.4:
Section 504.5504.4 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
MarshaFFire Code Official. If a stairway is used it shall comply with International
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page 39 of 64
47
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".
T. Section 506 of the International Fire Code, entitled "Key Boxes," is amended by
substituting subsection 506.1 with the following:
Section 506.1 Where required. Where access to or within a structure or an
area is restricted because of secured openings or where immediate access is
necessary for life-saving or firefighting purposes, the fire code official is authorized
to require a key box/vault to be installed. The key box shall be a Knox KLS product
listed in accordance with UL 1037 and shall contain keys to gain necessary access.
The location, key box and key requirements shall be in accordance with the Rapid
Entry System Policy of the Puget Sound Regional Fire Authority.
U. Section 506 of the International Fire Code, entitled "Key Boxes," is amended by
adding new subsection 506.3 with the following:
Section 506.3 Compliance. Compliance with this chapter shall be in
accordance with the following:
1. Newly constructed buildings not yet occupied or buildings currently under
construction and all buildings applying for a certificate of occupancy shall comply
prior to occupancy, permit final, or approval of any certificate.
2. Existing buildings without existing key boxes shall comply within 180
days of notification.
3. Existing buildings, gates, or barriers with non-compliant key boxes or
locks installed shall comply within 1 year of notification.
V. Section 507 of the International Fire Code, entitled "Fire Protection Water
Supplies," is amended by substituting subsection 507.5. with the following:
Section 507.5 Fire Hydrant systems. Fire hydrant systems shall comply with
Section 507.5.1 through 5.6.8 and Tukwila Municipal Code Chapter 14.24.
W. Section 507 of the International Fire Code, entitled "Fire Protection Water
Supplies," is amended by substituting subsection 507.5.6 with the following:
Section 507.5.6 Physical protection. Where fire hydrants are subject to impact
by a motor vehicle, guard posts shall be designed and installed in accordance with
TMC Section 14.20.030.
X. Section 507 of the International Fire Code, entitled "Fire Protection Water
Supplies," is amended by adding a new subsection 507.5.7 as follows:
Section 507.5.7 Fire hydrant. Fire hydrants shall be designed and installed in
accordance with the local water purveyor's design and construction standards.
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
48
Page 40 of 64
Y. Section 507 of the International Fire Code, entitled "Fire Protection Water
Supplies," is amended by adding a new subsection 507.5.8 as follows:
Section 507.5.8 Backflow prevention. All private fire systems shall be isolated
by an approved method in accordance with the local water purveyor.
Z. Section 507 of the International Fire Code, entitled "Fire Protection Water
Supplies," is amended by adding a new subsection 507.6 as follows:
Section 507.6 Capacity for residential areas. All hydrants installed in single
family residential areas shall be capable of delivering 1,500 gpm fire -flow over and
above average maximum demands at the farthest point of the installation.
AA. Section 507 of the International Fire Code, entitled "Fire Protection Water
Supplies," is amended by adding a new subsection 507.7 as follows:
Section 507.7 Spacing. The spacing of hydrants shall be in accordance with
Sections 507.7.1 through 507.7.5.
Section 507.7.1 Single family. The maximum fire hydrant spacing serving
single family residential areas shall be 600 feet as measured along the fire
apparatus access road.
Section 507.7.2 Commercial, industrial and multi -family. The maximum fire
hydrant spacing serving commercial, industrial, multi -family or other areas shall be
300 feet as measured along the fire apparatus access road.
Section 507.7.3 Medians. Where streets are provided with median dividers
which cannot be crossed by firefighters pulling hose lines, hydrants shall be
provided on each side of the street and be arranged on an alternating basis,
providing, on each side of the street, no more than the maximum spacing.
Section 507.7.4 Arterials. Where arterial streets are provided with four or more
traffic lanes hydrants shall be provided on each side of the street and be arranged
on an alternating basis, providing, on each side of the street, no more than the
maximum spacing.
Section 507.7.5 Transportation. Where new water mains are extended along
streets where hydrants are not needed for protection of structures or similar fire
problems, fire hydrants shall be provided at a spacing not to exceed 1,000 feet to
provide for transportation hazards.
BB. Section 507 of the International Fire Code, entitled "Fire Protection Water
Supplies," is amended by adding a new subsection 507.8 as follows:
Section 507.8 Required hydrants. The number of hydrants required for a
building shall be based on the calculated fire -flow. The first hydrant will be
calculated for up to 1,500 gpm. An additional hydrant will be required for every
additional 1,000 gpm, or fraction thereof. The required hydrants shall be within 600
feet of the building as measured along the fire apparatus access roads serving the
building.
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page 41 of 64
49
CC. Section 507 of the International Fire Code, entitled "Fire Protection Water
Supplies," is amended by adding a new subsection 507.9 as follows:
Section 507.9 Notification. The owner of property on which private hydrants
are located and the public agencies that own or control public hydrants must
provide the fire code official with the following written service notifications in
accordance with 507.9.1 and 507.9.2:
Section 507.9.1 In-service notification. The Fire Code Official shall be notified
when any newly installed hydrant or main is placed into service.
Section 507.9.2 Out -of -service notification. Where any hydrant is out of service
or has not yet been placed in service, the hydrant shall be identified as being out
of service and shall be appropriately marked as out of service, by a method
approved by the Fire Code Official.
DD. Section 507 of the International Fire Code, entitled "Fire Protection Water
Supplies," is amended by adding a new subsection 507.10 as follows:
Section 507.10 Building permit requirements. No building permit shall be
issued until all plans required by this section have been submitted and approved
in accordance with the provisions of this section.
No construction beyond the foundation shall be allowed until all hydrmnts 2nd
mains required by this section are in place and approved.
CCEE. 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:
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.
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
50
Page 42 of 64
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 MarshalFire Code Official 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.
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
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page 43 of 64
51
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 Firc
MarshalFire Code Official, 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 Firc MarshalFire Code Official.
The inbound signal level shall be a minimum of -95 dBm 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
Fire Code Official. 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.
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
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
52
Page 44 of 64
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 Tess 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.
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 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
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page 45 of 64
53
1
54
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 MarshalFire Code Official 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 MarshalFire Code Official.
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.
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.
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page 46 of 64
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 Marsha[
Code Official. 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 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
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page 47 of 64
55
1
56
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 MarshalFire Code Official 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.
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 MarchalFire Code Official. 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
MarshalFire Code Official an acceptance test report that includes items (10a -10e).
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page 48 of 64
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 MarshalFire Code Official. A clearly visible sign shall be
placed near the antenna stating, "movement or repositioning of this antenna is
prohibited without approval from the Fire MarshalFire Code Officia 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.
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 Fire Looe
Official 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.
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page 49 of 64
57
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 MarshalFire Code Official 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 MarshalFire Code Official
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 MarshalFire
Code Official. 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.
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
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
58
Page 50 of 64
(b) Each of the critical areas identified in acceptance test documentation
required by Section 510.5.3, or as modified by the Fire MarshalFire Code Official,
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 Marshall ire Code
Official. 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 MarshalFire Code Official, 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 MarchalFire Code Official 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.
the provision providing the greater or most effective protection shall govern.
Section 12. TMC Section 16.16.070 is hereby established to read as follows:
16.16.070 Amendments to the International Fire Code — Chapter 6, "Building
Services and Systems"
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page 51 of 64
59
A. Section 607 of the International Fire Code, entitled "Commercial Cooking
Equipment and Systems," is amended by adding the following subsections to section
606.2:
Section 606.2.2 Permit Required. Permits shall be required as set forth in
Section 105.6.
Section 606.2.3 Approved drawing. The stamped and approved cook line
drawing shall be displayed adjacent to the suppression system pull station prior to
the final inspection. The approved drawing shall be maintained and available for
inspection.
Section 13. TMC Section 16.16.080 is hereby established to read as follows:
16.16.080 Amendments to the International Fire Code — Chapter 7, "Fire and
Smoke Prevention Systems"
A. Section 705 of the International Fire Code, entitled "Door and Window
Openings," is amended by substituting 705.2.3 with the following:
Section 705.2.3 Hold -open devices and closers. Hold -open devices and
automatic door closures, where provided, shall be maintained. During the period
that such device is out of service for repairs, the door it operates shall remain in
the closed position.
The Fire Code Official is authorized to require the installation of hold -open devices
of existing door installations where there has been documented use of door closure
impairment devices.
Section 14. TMC Section 16.16.090 is hereby established to read as follows:
16.16.090 Amendments to the International Fire Code — Chapter 9, "Fire
Protection Systems"
A. Section 901 of the International Fire Code, entitled "General," is amended by
substituting subsection 901.1 with the following:
Section 901.1 Scope and application. The provisions of this chapter shall
apply to all occupancies and buildings, shall specify where fire protection systems
are required, and shall apply to the design, installation, inspection, operation,
testing, and maintenance of all fire protection systems; however, nothing contained
in this chapter shall diminish or reduce the requirements of any duly adopted
building codes, including state and local amendments, or other city ordinances,
resolutions, or regulations. In the event of any conflict in requirements among
these codes, ordinances, resolutions, or regulations, the more stringent provision
shall apply.
ID -DB. Section 901 of the International Fire Code entitled "General" is amended by
adding the following new subsection 901.7.9901.7.7:
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
60
Page 52 of 64
Section 901.7.9901.7.7 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 MarshaEFire Code Official 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.
C. Section 901 of the International Fire Code, entitled "General," is amended by
adding the following new subsection 901.11:
Section 901.11 Emergency contacts. It shall be the responsibility of the owner
of any monitored fire protection system to provide and maintain a minimum of three
emergency contacts that are capable of responding to the system location with
their monitoring company.
D. Section 902 of the International Fire Code, entitled "Definitions," is amended by
adding the following to the list in subsection 902.1:
PROBLEMATIC FIRE PROTECTION SYSTEM
E. Section 903 of the International Fire Code, entitled "Automatic Sprinkler
Systems," is amended by substituting subsection 903.2 with the following:
Section 903.2 Where required. Approved automatic fire sprinkler systems shall
be installed as follows:
1. In all buildings without adequate fire flow.
Exception: Miscellaneous Group U Occupancies.
2. All new buildings and structures regulated by the International Building
Code requiring 2,000 gallons per minute or more fire flow, or with a gross floor area
of 10,000 or more square feet (929 m2), or where this code provides a more
restrictive floor/fire area requirement, and shall be provided in all locations or where
described by this code.
Exception: Spaces or areas in telecommunications structures used
exclusively for telecommunications equipment, associated electrical power
distribution equipment, batteries, and standby engines, provided those spaces or
areas are equipped throughout with an automatic smoke detection system in
accordance with Section 907.2 and are separated from the remainder of the
building by not less than 1 hour fire barriers constructed in accordance with Section
707 of the International Building Code or not less than 2 hour horizontal assemblies
constructed in accordance with Section 712 of the International Building Code, or
both.
3. Where this code requires the installation of an automatic sprinkler
system to protect an occupancy within an otherwise non-sprinklered building, then
automatic sprinkler protection will be required throughout the entire building.
4. When the required fire apparatus access roadway grade is 12 percent or
greater.
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page 53 of 64
61
F. Section 903 of the International Fire Code, entitled "Automatic Sprinkler
Systems," is amended by adding the following new subsection 903.2.9.5:
Section 903.2.9.5 Speculative use warehouses. Where the occupant, tenant,
or use of the building or storage commodity has not been determined or it is
otherwise a speculative use warehouse or building, the automatic sprinkler system
shall be designed and installed to protect not less than Class IV non -encapsulated
commodities on wood pallets, with no solid, slatted, or wire mesh shelving, and
with aisles that are 8 feet or more in width and up to 20 feet in height.
G. Section 903 of the International Fire Code, entitled "Automatic Sprinkler
Systems," is amended by substituting subsection 903.3 as follows:
Section 903.3 Installation Requirements. Automatic sprinkler systems shall
be designed and installed in accordance with Sections 903.3.1 through 903.3.9.
H. Section 903 of the International Fire Code, entitled "Automatic Sprinkler
Systems," is amended by adding a new subsection 903.3.9 as follows:
Section 903.3.9 Check valve. All automatic sprinkler system risers shall be
equipped with a check valve.
I. Section 903 of the International Fire Code, entitled "Automatic Sprinkler
Systems," is amended by adding a new subsection 903.7 as follows:
Section 903.7 Riser room access. All risers shall be located in a dedicated
room with an exterior door, and with lighting and heat for the room.
J. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection
Systems," is amended by substituting subsection 907.1.3 with the following:
Section 907.1.3 Equipment. Systems and their components shall be listed and
approved for the purpose for which they are installed. All new alarm systems shall
be addressable. Each device shall have its own address and shall annunciate
individual addresses at a UL Central Station.
K. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection
Systems," is amended by substituting subsection 907.6.3 with the following:
Section 907.6.3 Initiating device identification. The fire alarm system shall
identify the specific initiating device address, location, device type, floor level
where applicable and status including indication of normal, alarm, trouble and
supervisory status, as appropriate.
Exception: Special initiating devices that do not support individual device
identification.
L. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection
Systems," is amended by adding a new subsection 907.12 as follows:
Section 907.12 Latched alarms. All signals shall be automatically "latched" at
the fire alarm control unit until their operated devices are returned to normal
condition, and the control unit is manually reset.
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
62
Page 54 of 64
M. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection
Systems," is amended by adding a new subsection 907.13 as follows:
Section 907.13 Resetting. All fire alarm control units shall be reset only by an
approved person.
Section 907.13.1 Reset code. The reset code for the fire alarm control unit or
keypad shall be 1-2-3-4-5. The reset code shall not be changed without approval
of the Fire Code Official.
N. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection
Systems," is amended by adding a new subsection 907.14 as follows:
Section 907.14 Fire alarm control unit location. All fire alarm control units
shall be located in the riser room designed and installed in accordance with Section
903.7, or an approved location.
O. Section 912 of the International Fire Code, entitled "Fire Department
Connections," is amended by substituting 912.5 with the following:
Section 912.5 Signs. Fire department connections shall be clearly identified in
an approved manner.
All fire department connections shall have an approved sign attached below the
Siamese clapper. The sign shall specify the type of water-based fire protection
system, the structure, and the building areas served.
Section 15. TMC Section 16.16.100 is hereby established to read as follows:
16.16.100 Amendments to the International Fire Code — Chapter 11,
"Construction Requirements for Existing Buildings"
A. Section 1103 of the International Fire Code, entitled "Fire Safety Requirements
for Existing Buildings," is amended by adding a new subsection 1103.5.6 as follows:
Section 1103.5.6 Substantial Alterations. The provisions of this chapter shall
apply to substantial alterations to existing buildings regardless of use when a
substantial alteration occurs in a structure equaling 10,000 or greater square feet.
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% of the gross floor area.
B. Section 1103 of the International Fire Code, entitled "Fire Safety Requirements
for Existing Buildings," is amended by adding substituting 1103.7 as follows:
Section 1103.7 Fire alarm systems. An approved fire alarm system shall be
installed in existing buildings and structures in accordance with Sections 1103.7.1
through 1103.7.7 and provide occupant notification in accordance with Section
907.5 unless other requirements are provided by other sections of this code.
C. Section 1103 of the International Fire Code, entitled "Fire Safety Requirements
for Existing Buildings," is amended by adding a new subsection 1103.7.7 as follows:
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page 55 of 64
63
Section 1103.7.7 Fire alarm control unit replacement. If an existing fire alarm
control unit is replaced with identical equipment that has the same part number it
shall be considered maintenance.
Section 16. TMC Section 16.16.110 is hereby established to read as follows:
16.16.110 Amendments to the International Fire Code – Chapter 56, "Explosives
and Fireworks"
A. Section 5601 of the International Fire Code entitled "General" is amended by
substituting the following subsection 5601.1.3:
Section 5608.25601.1.3 Fireworks Regulations. 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 temporary fireworks stand or public display of fireworks, shall
be allowed to buy, possess, and store fireworks according to the permit granted.
1. Section 5601.1.3.1 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 enacted 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 enacted or as 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 now enacted or as hereafter amended.
d. Legal consumer fireworks, as defined by RCW 70.77.136 now enacted
or as hereafter amended, are small devices designed to produce: (1) visible effects
by combustion and which must comply with the construction, chemical
composition, and labeling regulations of the United States Consumer Product
Safety Commission; and (2) audible effects such as a whistling device, ground
device containing 50 milligrams or less of explosive materials—provided that
devices that are aerial, airborne, discharged, launched, or explode are prohibited.
2. Section 5601.1.3.2 Limitation on Use of Legal Consumer Fireworks.
a. It is unlawful for any person under the age of 16 years to possess, use,
discharge, or transport any fireworks unless under immediate supervision of an
adult (18 years old or older). It is unlawful for any person or entity to sell or give
fireworks to anyone under the age of 16 years unless that person is under the
immediate supervision of an adult (18 years old or older).
b. It is unlawful for any person to smoke within 25 feet of any building or
stand in which fireworks are sold at retail or stored after hours.
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
64
Page 56 of 64
c. It is unlawful for any person to discharge any fireworks, or to permit the
discharge of fireworks, within 300 feet of any structure, combustible material, or
person, or any building or stand in which fireworks are sold at retail or stored after
hours.
d. It is unlawful at any time to throw or toss any fireworks at any person,
animal, vehicle, thing or object.
e. It is unlawful to have in possession or to use, fire, or discharge any
fireworks in any public park within the City, including vehicle parking areas within
or adjacent to a park.
f. During periods of extreme fire danger, the local fire officialFire Code
may prohibit the discharge of all fireworks including those described in
subparagraph FF.1.d abovesection 5601.1.3.1.d.
g. Legal consumer fireworks may only be used or discharged within the City
on the following days and times as provided in RCW 70.77.395:
From 12:00 noon to 11:00 p.m. on June 28th of each year;
From 9:00 a.m. to 11:00 p.m. on each day from June 29th through July 3rd
of each year;
From 9:00 a.m. to 12:00 midnight on July 4th of each year;
From 9:00 a.m. to 11:00 p.m. on July 5th of each year; and
From 6:00 p.m. on December 31st until 1:00 a.m. on January 1st of the
subsequent year.
B. Section 5601 of the International Fire Code entitled "General" is amended by
substituting the following subsection 5601.2.2:
3. Section 5601.2.2 - - - e .Sale and Retail Disp'
Retail sales of fireworks shall be permitted only from within a temporary fireworks
stand, and the sale from any other building or structure is prohibited. Temporary
stands shall be subject to the following conditions:
a. It is unlawful for any person, firm or corporation to engage in the retail
sale of any fireworks within the city limits of Tukwila without first obtaining a City
business license.
b. Applications for temporary fireworks stand permits shall be made to the
local fire officialrire Code Official, and must be accompanied by the appropriate
application fee in accordance with the fee schedule adopted by resolution of the
City Council and RCW 70.77.555. Pursuant to this chapter, applications may be
filed only during the period between April 15 and June 1st of the year for which the
permit is sought.
c. Any issued permit shall be used only by the designated permittee and
shall be nontransferable.
d. The maximum number of permits issued by the City in any year shall not
exceed four. Applications shall be reviewed on a first-come, first served basis.
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page 57 of 64
65
e. A temporary fireworks stand permit shall be issued only upon compliance
with the following terms and conditions:
(1) The applicant shall have a valid and subsisting Washington State
fireworks license issued by the Washington State Patrol authorizing the holder
thereof to engage in the fireworks business.
(2) The applicant shall provide proof of a liability insurance policy with
coverage of not less than $50,000; and $500,000 for bodily injury liability for each
person and occurrence, respectively; and not less than $50,000 for property
damage liability for each occurrence, or such policy as may comply with, or exceed,
the requirements of RCW 70.77.270.
(3) The applicant shall provide an inventory list of resale items in
accordance with the provisions of section 5601.1.3.1.d.
f. Temporary fireworks stands shall be erected under the supervision of
the Fire DepartmentFire Code Officia[ and shall conform to the following minimum
standards:
(1) Temporary fireworks stands shall not be located:
Within 100 feet of any gasoline stations, oil storage tanks, or
premises where flammable liquids are kept or stored;
Closer than 20 feet to buildings, combustibles, parking, storage,
public roads, motor vehicle traffic, or generators;
Within 25 feet of any property line;
Within 100 feet of tents, other fireworks stands, fuel dispensing
devices, retail propane dispensing stations, flammable liquid storage, and
combustible storage; and
Within 300 feet of bulk fuel storage.
(2) Each temporary fireworks stand shall have at least two exits that
shall be unobstructed at all times and located as far from each other as possible.
Parking for customers shall be located at least 20 feet away from the stand.
(3) Each temporary fireworks stand shall have fire extinguishers in a
readily accessible place and approved by the Fire DepartmentFire Code Official as
to location within the stand, number and type. No smoking shall be permitted in or
near a fireworks stand, and signs reading "NO SMOKING WITHIN 25 FEET" shall
be prominently displayed on the fireworks stand.
(4) Each stand shall be operated by adults (18 years old or older) only.
No fireworks shall be left unattended in a stand.
(5) All weeds and combustible materials shall be cleared from the
location of the stand to at least a distance of 20 feet.
(6) All unsold fireworks, cartons and other rubbish shall be removed
from the location and from the City by 12:00 noon on July 6 each year. The
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
66
Page 58 of 64
fireworks stand shall be dismantled and removed from the location by 12:00 noon
on July 10 each year.
(7) Fireworks shall not be discharged within 300 feet of a fireworks
stand. Signs reading "NO FIREWORKS DISCHARGE WITHIN 300 FEET" shall
be in letters at least two inches high, with a principal stroke of not less than one-
half inch on contrasting background, and such signs shall be conspicuously posted
on all four sides of the stand.
(8) Fireworks retailers shall not knowingly sell fireworks to persons
under the age of 16 and shall require proof of age by means of display of a driver's
license or photo identification card issued by a public or private school, state,
federal or foreign government showing a photograph and date of birth.
(9) Retail sales of legal consumer fireworks shall only be allowed within
the City on the following days and times as provided in RCW 70.77.395 as now
enacted or hereafter amended:
From 12:00 noon to 11:00 p.m. on June 28th of each year;
From 9:00 a.m. to 11:00 p.m. on each day from June 29th through July
4th of each year;
From 9:00 a.m. to 9:00 p.m. on July 5th of each year,
From 12:00 noon to 11:00 p.m. on each day from December 27th through
December 31st of each year.
(10) If the fireworks stand is proposed for placement on leased property,
the applicant shall provide an affidavit from the property owner that the use is
acceptable.
(11) Additional signage required by the Fire Code Official shall be
prominently displayed on the fireworks stand.
4. Any person who violates any portion of this ordinance shall have their
fireworks subject to seizure by the Tukwila Police Chief, or designee, 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.
5. Any person who uses or discharges fireworks in a reckless manner that
creates a substantial risk of death or serious physical injury to another person or
damage to the property of another is guilty of a gross misdemeanor and shall be
punishable by a maximum penalty of 364 days in jail and/or a $5,000 fine. Upon
conviction, the sentencing court may order restitution for any property damage or
loss caused by the offense.
G . Section 5608 of the International Fire Code entitled "Fireworks Display" is
amended by adding substituting the following new subsection 5608.2.3oeud.s with the
Section 5608.2.35608.3 Pyrotechnic Display Requirements. All fireworks
displays shall conform to the following minimum standards and conditions:
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page 59 of 64
67
1. All fireworks displays must be planned, organized, and discharged by a
state -licensed pyrotechnician.
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 (explosives operational fire permit must
be submitted at least 45 days prior to the desired display date. Approval by the
Fire MarshalFire Code Officio 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 Tukwila Fire Permit 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 MarshalFire Code Official are both
directed to administer and enforce the provisions of this chapter. Upon request by
the Chief of Police or the Fire MarshalFire Code Officiau, 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 Fire Code Official, 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.
Section 17. TMC Section 16.16.120 is hereby established to read as follows:
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
68
Page 60 of 64
16.16.120 Amendments to the International Fire Code — Chapter 80, "Referenced
Standards"
A. Section NFPA of the International Fire Code, entitled "Referenced Standards," is
amended by modifying the standard reference number dates of publication as follows:
13-22
13D-22
13R-22
20-22
24-22
72-22
110-22
111-22
1225-22
Installation of Sprinkler Systems
Installation of Sprinkler Systems in One- and Two-family
Dwellings and Manufactured Homes
Installation of Sprinkler Systems in Residential Occupancies
up to and Including Four Stories in Height
Installation of Stationary Pumps for Fire Protection
Installation of Private Fire Service Mains and Their
Appurtenances
National Fire Alarm and Signaling Code
Emergency and Standby Power Systems
Stored Electrical Energy Emergency and Standby Power
Systems
Standard for Emergency Services Communications
Section 18. TMC Section 16.16.130 is hereby established to read as follows:
16.16.130 Amendments to the International Fire Code — Appendix B, "Fire -Flow
Requirements for Buildings"
A. Section B103 of the International Fire Code, entitled "Modifications," is amended
by substituting subsection B103.2 with the following:
Section B103.2 Increases . The fire chief is authorized to increase the fire -flow
requirements where exposures could be impacted by fire. An increase shall not be
more than twice that required for the building under consideration.
Exception: For one- and two-family residences when either of the following
conditions apply:
1. The building and exposure are equipped with the 1 -hour fire resistant
rated exterior walls tested in accordance with ASTM E 119 or UL 263 with exposure
on the exterior side and projections with 1 -hour underside protection, fire blocking
installed from the wall top plate to the underside of the roof sheathing and no gable
vent openings.
2. The walls are a distance greater than 11' to the nearest exposure or lot
line; or face an unbuildable lot, tract or buffer. The distance shall be measured at
right angles from the face of the wall.
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page 61 of 64
69
B. Section B105 of the International Fire Code, entitled "Fire -Flow Requirements for
Buildings," is amended by substituting section B105 with the following:
Section B105.1 One- and two-family dwellings. Fire -flow requirements for
one- and two-family dwellings shall be in accordance with Sections B105.1.1
through B105.1.2.
Section B105.1.1 Buildings less than 3,600 square feet. The minimum fire -
flow and flow duration requirements for buildings less than 3,600 square feet shall
be 1,000 gallons per minute for 1 hour.
Exception: A reduction in required fire -flow of 50 percent, as approved, is allowed
when the building is equipped with an approved automatic sprinkler system.
Section B105.1.2 Buildings greater than 3,600 square feet or more. The
minimum fire -flow and flow duration requirements for buildings that are 3,600
square feet or larger shall not be less than that specified in Table B105.1(2).
Exception: A reduction of fire -flow and flow duration to 1,000 gallons per minute for
1 hour, as approved, is allowed when the building is equipped with the following:
1. An approved automatic sprinkler system.
Section B105.2 Buildings other than one- and two-family dwellings. The
minimum fire -flow and flow duration for buildings other than one- and two-family
dwellings shall be as specified in Table B105.1(2).
Exception: A reduction in required fire -flow of 50 percent, as approved, is allowed
when the building is provided with an approved automatic sprinkler system. The
resulting fire -flow shall not be less than 1,500 gallons per minute for the prescribed
duration as specified in Table B105.1(2).
Section B105.2.1 Tents and Membrane structures. No fire flow is required for
tents and membrane structures.
Section B105.2.2 Accessory residential Group U buildings. Accessory
residential Group U buildings shall comply with the requirements of B105.1.
Section B105.3 Water supply for buildings equipped with an automatic
sprinkler system. For buildings equipped with an automatic sprinkler system,
the water supply shall be capable of providing the greater of:
1. The automatic sprinkler system demand, including hose stream
allowance.
2. The required fire flow.
C. Section B105 of the International Fire Code, entitled "Fire -Flow Requirements for
Buildings," is amended by deleting the following tables from section B105:
Table B105.1(1). Required Fire -Flow for One- and two-family dwellings,
Group R-3 and R-4 Buildings and Townhouses.
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
70
Page 62 of 64
Table B105.2. Required Fire -Flow for Buildings Other than One- and two-
family dwellings, Group R-3 and R-4 Buildings and Townhouses.
D. Section B105 of the International Fire Code, entitled "Fire -Flow Requirements for
Buildings," is amended by adding new subsection B105.4 as follows:
Section B105.4 Alternative Fire Flow Mitigation. For development projects,
where it has been determined not feasible to extend the water main by the local
water purveyor, the following alternative fire flow mitigations are approved for use
in accordance with Sections B105.4.1 through B105.4.2
Section B105.4.1 One- and two-family dwellings. Fire flow will not be required
for one- and two-family dwellings if all of the following mitigations are met;
1. The fire -flow calculation area is less than 3600 square feet.
2. The construction type of the dwelling is Type VA.
3. The dwelling is equipped with an automatic fire sprinkler system installed
in accordance with Section 903.3.1.3 with a water supply of no less than 30
minutes.
4. The dwelling has a fire separation distance of no Tess than 150 feet on
all sides.
Section 6105.4.2 Buildings other than one- and two-family dwellings. Fire
flow will not be required for buildings other than one- and two-family dwellings if all
of the following mitigations are met;
1. The fire -flow calculation area is less than 3600 square feet.
2. The construction type of the building is not Type VB.
3. The building is equipped with an automatic fire sprinkler system installed
in accordance with Section 903.3.1.1 with a water supply of no less than 30
minutes.
4. The building has a fire separation distance of no less than 150 feet on
all sides.
Section 19. 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 scrivener's errors;
references to other local, state or federal laws, codes, rules, or regulations; or ordinance
numbering and section/subsection numbering.
Section 20. 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.
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
Page 63 of 64
71
Section 21. 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 July 1,
2023, after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of , 2023.
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:
Office of the City Attorney
CC:\Legislative Development\Adopt 2021 Fire Code 4-13-23
Jon Napier Review by Andy Youn
72
Ordinance Number:
Page 64 of 64
TO:
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
Planning and Community Development Committee
FROM: Derek Speck, Economic Development Administrator
Brandon Miles, Business Relations Manager
CC: Mayor Ekberg
DATE: April 11, 2023
SUBJECT: Multi -Family Property Tax Exemption (MFTE)
ISSUE
This item is intended to summarize policy considerations related to renewing and/or expanding
the City's multi -family property tax exemption program.
BACKGROUND
On February 6, 2023 the Planning and Community Development Committee reviewed the
Economic Development Division's 2023 workplan and requested to expedite discussion on the
City's efforts related to the multi -family property tax exemption program (MFTE). This staff
report is intended to provide context for that discussion.
Multi -family property tax exemption programs are property tax waiver programs enacted by
cities and counties to support local housing goals. Under Chapter 84.12 RCW, local
governments can give property tax exemptions for new construction, conversion, and
rehabilitation of multi -family residential improvements with at least four units. Under these
exemptions, a property owner does not have to pay property taxes on the residential
improvements for a given number of years which serves as an incentive to attract the
development. The property owner still pays tax on the land and on non-residential
improvements like the commercial portion of a mixed-use building. The State allows an
exemption of 8 years for all qualifying projects and up to 12 and 20 years if the project meets
affordability requirements based on Area Median Income (AMI). See attachment "State
Affordability Requirements" for detail on the minimum required criteria based on duration of
exemption.
In addition to the State's criteria for a project to qualify, the local government enacting the
program may set additional criteria. See attachment "What is MFTE?" for a brief overview of
MFTE. The staff report from the City Council meeting of April 25, 2022 provides a description of
the MFTE program in the City of Tukwila.
DISCUSSION
There are a number of benefits, costs, and other considerations a local government should
consider when deciding whether to implement a MFTE program. It is a balance of achieving
certain goals in exchange for accepting some potential drawbacks.
73
INFORMATIONAL MEMO
Page 2
Potential Benefits of MFTE Program
1. Supply of Housing: Our region has a shortage of housing and the City may simply want
more multi -family housing for a variety of reasons. Some new multi -family developments
may not occur without the exemption.
2. Housing Targets: The program could help the City meet its housing targets under the
Growth Management Act. See attachment "Housing Targets and MFTE" for a more
detailed explanation.
3. New Affordable Housing: The program could be an incentive to developers to accept
income and rent restrictions to achieve more affordable rental or ownership housing.
4. Preserve Existing "Affordable" Housing: The city has many apartment complexes that
provide market rate rents that have been more affordable compared to the region but
also have been increasing rents. There may also be complexes providing affordable
rents under subsidy programs that are expiring. The program could be an incentive for
property owners to accept or extend rent and income restrictions.
5. Quality of Existing Multi -family Housing. The program could subsidize renovations to
existing multi -family housing to improve the quality of existing housing.
6. Better Design: The program could be an incentive to developers to accept more
expensive project designs such as structured parking.
7. Unit Type and Size: The program could be an incentive for developers to create
residential units with more space or bedrooms.
8. Neighborhood Benefits: Multi -family housing can bring benefits to their surrounding
neighborhood such as additional customers to attract and support businesses,
redeveloping properties that no longer conform to zoning or vision for that area (such as
motels), attracting other development, concentrating development near transit, etc.
Potential Costs of MFTE
1. Forgone Property Tax: Depending on the timing of the construction of the project, the
city may receive less property tax during the exemption period. See attachment "City
Tax Revenues for New Construction".
2. Cost of City Services: With new construction, there will be more residents who need city
services. Even without the MFTE, it is possible the revenues from residential (both
single family and multi -family) don't cover the cost of city services. Moreover, State law
allows the city's property tax levy to be increased to reflect the assessed value of new
construction but then property tax growth is limited to 1`)/0 annually. Due to inflation, the
cost of city services is likely to grow faster than property tax.
3. Administrative Cost: It will take administrative time to adopt or revise the program,
process applications, issue exemptions, monitor compliance, submit annual reports. The
administrative time can be very significant to monitor affordability, especially affordable
ownership. If the program includes affordability the City would need to hire or reallocate
staff or contract with a service provider.
Other Considerations
1. Tax Shift: Depending on the timing of the construction of the project, the city may still
receive property tax during the exemption period. In this case, the tax is shifted to other
property taxpayers in the city. See attachment "What is Tax Shift".
2. Displacement: Depending on how a program is implemented, it can lead to displacement
of residents or businesses.
74
INFORMATIONAL MEMO
Page 3
3. Other Taxing Districts: The multi -family property tax exemption applies the exemption to
property tax from all taxing districts that cover the qualifying project.
4. Other City MFTE Programs: The cities around Tukwila have some form of a MFTE
program. See attachment "Multi -Family Property Tax Exemption Programs".
5. Sunset Clause: The City may want to limit the application period for a MFTE program so
that it is used to stimulate development and the subsidy does not become a permanent
necessity for development. The city included a sunset clause in the current program.
If the City implements a MFTE program, State law requires us to determine eligible
geographical areas ("residential targeted areas"). The City can also add additional criteria.
Potential Criteria
1. Household Incomes and Affordabilty: The staff report on middle housing at the Planning
and Community Development Committee meeting on April 3, 2023 provides a good
overview of housing affordability needs in Tukwila. Please note that if a new
development provides housing for vulnerable populations without providing social
services then it may increase demand on city services. The incentive could be used
require projects to provide a certain level of social services. However, developments
that service populations below 60% of AMI are unlikely to need the MFTE because they
would qualify for property tax exemptions under other State provisions.
2. Risk of Displacement: The City could include criteria to avoid displacement, or require
the developer to provide assistance in cases of displacement.
3. Rental or Ownership: The City could include criteria related to either of these scenarios.
4. New Construction, Conversion, Redevelopment, or Renovation: The City could include
criteria related to any of these scenarios.
5. Design: The program could include criteria for the site or building design such as
structured parking, number of bedrooms, number of units (minimum or maximum), mix
of uses (e.g., retail, small business space, etc.)
6. Financial Necessity: In 2019 the State's Legislative Auditor completed an analysis of
the MFTE program across the state and was not able to conclude whether the
exemptions resulted in a net increase in housing or affected the decision to develop.
The Legislative Auditor recommended cities include financial analysis as a criteria.
FINANCIAL IMPACT
No impact because this item is discussion only.
RECOMMENDATION
Information Only.
ATTACHMENTS
State Affordability Requirements
What is MFTE?
Housing Targets and MFTE
City Tax Revenue for New Construction
What is Tax Shift?
Multifamily Property Tax Exemption Programs
75
76
W
i City of Tukwila
State Affordability Requirements
For Multi -Family Property Tax Exemption
8 Years
12 Years
20 Years
Rental
Ownership
Rental
Ownership
Minimum Set Aside %
None
20%
20%
20%
25%
Maximum Income
% AMI
None
80% - 115%
115%
80%
80%
1 Person Household
None
$75,440
TBD
$75,440
$75,440
2 Person Household
None
$86,160
TBD
$86,160
$86,160
3 Person Household
None
$96,960
TBD
$96,960
$96,960
4 Person Household
None
$107,680
TBD
$107,680
$107,680
Note:
1. The 20 -year exemption requires affordability for 99 years and a non-profit or government agency sponsoring
the transaction. The 20 -year rental option may no longer be available.
2. AMI = Area Median Income. Incomes shown above were based on Washington State Housing Finance
Commission Income Limits effective 4/18/22.
77
78
1
GROWTH MANAGEMENT
SERVICES
SHORT GUIDE FOR COUNCILS AND STAKEHOLDERS
What is MFTE?
MFTE (Multifamily Housing Tax Exemption) programs are
property tax waiver programs enacted by cities and counties to
support local housing goals. Under Chapter 84.14 RCW, local
governments can give exemptions for new construction,
conversion, and rehabilitation of multifamily residential
improvements with at least four units.
Under these exemptions, a property owner does not have to
pay property taxes on the residential improvements for a given
number of years. The property owner still pays tax on the land
and on non-residential improvements like the commercial
portion of a mixed-use building.
With respect to the annual property taxes collected on a development..
Commercial
Land Improvements
Residential
Improvements
...an exemption under MFTE removes the residential portion of
property value from taxation for an eight- to 20 -year period.
Advantages
O Cities and counties can give financial incentives to meet
housing goals without the need for direct funding. This can
support affordable housing but can also incentivize
market -rate housing in a way that complies with state
constitutional requirements.
o Requirements in state law can be flexible and let cities and
counties tailor programs to meet policies. Some programs
consider on-site improvements, building requirements, or
mandates for services.
O MFTEs are commonly used by developers across
Washington, who are often familiar with how they operate
and how to use them with projects.
V3.0
Who Uses MFTE?
As of 2022, 55 communities in
Washington have active MFTE
programs, and 19 communities
issued final certificates in 2021.
The exemptions issued in 2021
resulted in:
• 67 new rental properties and 97
owner -occupied housing units
• 7,759 new housing units, including
1,058 rent -restricted units for low-
income households
Recently, conditional certificates
have also been issued for the 20 -
year MFTE for permanently
affordable housing as well.
Agency contact:
Mary M. Reinbold, AICP
SENIOR PLANNER
Growth Management Services
mary.reinbold@commerce.wa.gov
Phone: 509.638.5449
.link Washington State
V40 Commerce
We strengthen communities
1
1111101111111111
Types of MFTE
MFTE programs are usually divided according to the
length of the program:
For an 8 -year MFTE program, there are no
requirements for affordable housing, although some
cities provide their own requirements. Many
communities use this to promote market -rate
housing construction in neighborhoods where new
housing investment is needed.
A 12 -year MFTE program must set aside at least 20%
of housing units for low- and moderate -income
households. Under the statute, household income is
based on Area Median Income (AMI), with households
with incomes at 80% of AMI or less considered "low
income", and households at 115% of AMI or lower
"moderate income". This MFTE is used for providing
affordable rental housing options, including choices
in market -rate private housing projects.
A 20 -year MFTE program requires that 25% of units
be sold as permanent affordable housing for
households at 80% AMI or below, with a nonprofit or
government agency sponsoring the sale and
restrictions in place for resale to ensure long-term
affordability. This is a new option implemented in
2021 and is intended to be used to encourage
affordable housing homeownership. There is an
option for permanent affordable rentals (20% of units
for 99 years at 80% AMI or less) but a deadline for
passing this program restricts new programs.
Note that communities can also choose to impose
higher affordability requirements and include other
requirements for MFTE projects as well.
Considerations
O MFTEs can result in either a Toss of tax revenue
to the community, or a tax shift where other
property owners will pay more in taxes.
O MFTE programs require staff time to conduct
regular monitoring, oversight, and reporting.
O Regular updates can be necessary to make sure
the program provides a sufficient incentive to
maximize public benefits.
For an 8 -year MFTE... tax exemptions are provided as
a general incentive for new residential investment.
11111111
Tax exemption for 8 years
O 0000000
❑ ❑ 0 0 ❑ ❑ 0 ❑
nnnnn
New mu tifami y development
(rental or homeownership)
For a 12 -year MFTE.. tax exemptions are provided in
exchange for at least 20% of units being set aside as
affordable for 12 years (rentals or units for sale).
Tax exemption for 12 years
01111111111
Affordable rents for 12 years
(20% of units, low -/moderate -income)
OR
003030
nnnnnn
0 0 0 0
❑ ❑ ❑ 4
tHnn
Affordable units for sale
(20% of units, short-term restrictions)
For a 20 -year MFTE... tax exemptions are provided in
exchange for permanently affordable rental housing /
homeownership.
#NNN4#NIINIINI
Tax exemption for 20 years
Affordable rents for 99 years
(20% of units for low-income HH)
OR
00000000
Fl Fl Fl Fl FlFlnn
Affordable units for sale
(25% of units, permanently affordable)
WHAT IS MFTE? 2
80
City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Planning and Community Development Committee
FROM: Nora Gierloff, Community Development Director
CC: Mayor Ekberg
DATE: April 11, 2023
SUBJECT: Housing Targets and MFTE
ISSUE
This memo is intended as a brief summary of housing targets as they could relate to a multi-
family property tax exemption (MFTE) program.
BACKGROUND
King County, and the cities within it, are required by Washington State's Growth Management
Act (GMA) to update their comprehensive plans every ten years. In 2021 the state legislature
amended portions of the GMA to mandate that jurisdictions that plan under the GMA must "plan
for and accommodate housing affordable to all economic segments of the population" rather
than just "encourage" affordable housing. In combination, all the comprehensive plans of King
County jurisdictions must create policies to meet the existing and projected housing needs of
the county over a 20 -year period.
In 2022 the King County Affordable Housing Committee of the Growth Management Planning
Council (GMPC) administered a process to develop a recommended approach to allocating
need by jurisdiction consistent with Commerce's guidance. Between 2019-2044, Tukwila's
housing target allocation for new net housing units is 6,500 units. Based on housing production
in Tukwila between 2019 and the present, approximately 250 new net units each year would
need to be produced to meet this target. The chart below shows the housing target allocation by
household income.
2044 Net New Unit AlI
2,000
1,000
471
274
214
Tukwila
610
692
1,242
0-3046 AMI 31-5096 AMI 51-8096 AMI 81-10096 AMI 101-12096 AMI 121+96 AMI Emergency Housing
Under the 2021 adopted Countywide Planning Policies (CPP) Housing Chapter policies and
additional CPP amendments recommended by the Affordable Housing Committee (AHC),
jurisdictions must demonstrate that they have sufficient land capacity to accommodate their
housing needs in their 2024 comprehensive planning update. Jurisdictions should also create or
adjust the zoning, strategies, tools, and incentives in their plans and development regulations to
accommodate the projected housing need. Tukwila will need to provide the Department of
81
INFORMATIONAL MEMO
Page 2
Commerce with a checklist identifying our Plan's compliance with Growth Management statues
and our adopted Comprehensive Plan is required to be certified by the Puget Sound Regional
Council.
King County will monitor jurisdictional progress to plan for and accommodate housing needs
annually. Five years after the major comprehensive plan update, the Growth Management
Planning Council (GMPC) or its designee will review each jurisdiction's progress and identify
any significant shortfalls in planning for and accommodating housing needs, provide findings
that describe the nature of the shortfalls, and make recommendations that jurisdictions take
action to address shortfalls. Actions could include a potential expansion of capacity beyond
what was included in the land capacity analysis though what actions to take would be at each
jurisdiction's discretion.
A jurisdiction will not be penalized for underproduction of housing if they sufficiently plan for and
accommodate their share of countywide housing need in their periodic comprehensive plan
update. Sufficient planning and accommodations are those that comply with the Growth
Management Act requirements for housing elements in Revised Code of Washington
36.70A.020 and 36.70A.070, that outline regulatory and nonregulatory measures to implement
the comprehensive plan (Washington Administrative Code 365-196-650), and that comply with
CPP Housing Chapter policies.
DISCUSSION
The City Council may want to renew or expand the city's multi -family property tax exemption
(MFTE) program as an incentive to encourage construction, conversion, or rehabilitation of
multi -family housing. The city is not required to adopt a multi -family property tax exemption
program in order to meet state or county requirements under the Growth Management Act or
Countywide Planning Policies. However, the property tax incentive is a useful tool and one the
City could use to achieve its housing targets.
In addition to housing targets, the 2021 King County Countywide Planning Policies also include
job growth targets with the same review process. The job growth targets are not discussed here
because this memo is focused on housing.
FINANCIAL IMPACT
None
RECOMMENDATION
Information Only.
ATTACHMENTS
None
82
City Tax Revenues for New Construction
With Eight Year Multi -Family Property Tax Exemption
The example estimates City revenue on a new $30 million development, if the project receives an eight year property tax exemption.
Tax Revenues Year 0 Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10
Property Taxes $ 3,750 $ 3,788 $ 3,825 $ 3,864 $ 3,902 $ 3,941 $ 3,981 $ 4,021 $ 4,061 $ 95,008 $ 95,958
Utility Taxes - 7,200 7,416 7,638 7,868 8,104 8,347 8,597 8,855 9,121 9,394
Sales Tax on Construction 191,250
B&O on Construction 18,488
REET 7,500 - - - - - 190,016 -
Total $ 220,988 $ 10,988 $ 11,241 $ 11,502 $ 11,770 $ 12,045 $ 12,327 $ 12,618 $ 12,916 $ 294,144 $ 105,352
Tax Shift/Forgone Revenue
Property Taxes $
- $ 71,250 $ 71,963 $ 72,682 $ 73,409 $ 74,143 $ 74,884 $ 75,633 $ 76,390 $ -
Assumptions
(1) Land value is $1.5 million (5% of total project cost). City property tax levy rate is $2.5 per thousand ($0.0025). Annual levy increases 1%.
(2) New residents spend $100 per month for their utilities increasing 3% annually. City utility tax rate is 6%.
(3) Construction starts and is completed in year 0. Property tax exemption starts in year 1.
(4) City sales tax rate is $.0085. Taxable construction is $22.5 million (75% of the $30 million total project cost).
(5) Real estate excise tax (REET) assumes a rate of 0.5% and that the property is sold in year 0 and year 9.
(6) Property market value increases 3% annually.
Notes
(1) This example is a general estimate of a new 100 unit apartment building built over one level of parking.
(2) The property taxes on the land would likely be paid even without the development or the exemption.
(3) The additional residents may generate additional tax revenues for the city such as sales tax on their purchases.
(4) The project may generate parks, fire, and transportation impact fees to be used for capital projects related to new development.
(5) Tax Shift/Forgone Revenue shows the amount of property taxes that would either be shifted to other property taxpayers or would be
revenue the city would not receive. It assumes $9 billion total assessed value. If fully shifted, the example project would increase
property taxes on other properties by approximately $0.79 per $100,000 annually (approximately $5 for a $600,000 house).
(6) This example only shows revenues. It does not show the city's costs of providing services to the new development.
Office of Economic Development 2023-4-11
84
1
GROWTH MANAGEMENT
SERVICES
SHORT GUIDE FOR COUNCILS AND STAKEHOLDERS
What is Tax Shill?
MFTE (Multifamily Housing Tax Exemption) programs can be
an effective way of incentivizing market -rate and affordable
housing options. To understand how it works stakeholders
often ask, "Where does the money come from to pay for the
exemption?"
This question can be hard to answer because of how property
taxes work in Washington State. When making decisions about
an MFTE program, it is important to consider possible tax and
revenue impacts.
Generally, these impacts can be distributed in two ways:
O Foregone tax revenues that are not collected, which reduce
total revenues for a city and other taxing districts (e.g., the
port, county, school district, state, etc.).
O A shift of tax obligations to all other payers of property
taxes in these districts, where there is an increase in taxes
collected to offset the losses from the exemption.
How these costs are distributed depends on two things:
O Levy limits provided under RCW 84.55.010 mean that
property tax levies are restricted to no more than a 1%
increase in revenue from the assessed value from the
previous year. This restricts how much cities and other
districts can raise property taxes on these properties to
make up this difference and can mean that deferred taxes
will be foregone revenue for these jurisdictions.
O However, projects that receive MFTEs could still increase
that total levy. Under WAC 458-12-342, county assessors
must assess building value during construction and add it
to these levy limits, which may not be removed from the
total levy amount before the final certificate for exemption
is received and the exemption begins.
The amount of tax shift versus deferred revenue depends in
part on the practices of the county assessor. However, there
are currently no requirements for assessors to consider MFTE
in these levy limits. If cities do not consider these effects, an
MFTE can shift most or even all of the exempted tax
obligations to other properties.
What is MFTE?
MFTE (Multifamily Housing Tax
Exemption) programs are property
tax waiver programs enacted by
cities and counties to support local
housing goals.
Under Chapter 84.14 RCW, local
governments can give exemptions
for new construction, conversion,
and rehabilitation of multifamily
residential improvements with at
least four units.
These exemptions can be provided
for different lengths. The eight-year
exemption does not require
affordable housing, but the 12- and
20 -year options have additional
requirements to provide on-site
affordable units.
Agency contact:
Mary M. Reinbold, AICP
SENIOR PLANNER
Growth Management Services
mary.reinbold@commerce.wa.gov
Phone: 509.638.5449
® 11' Washington State
'40 Commerce
We strengthen communities
Vel
Tax Shift Considerations
If an MFTE is supported through tax shifts, there are
some important policy considerations:
O Communities may be less likely to support
incentives for market -rate development that use
property tax increases, especially for high-end
projects that do not seem to provide public
benefits.
O Shifted tax obligations are not usually calculated,
meaning that the full impacts of this program may
not be transparent, especially to affected property
owners.
O Depending on the popularity of the program, the
total increases in property taxes could be
equivalent in magnitude to affordable housing
levies that would require voter approval and have
tighter requirements (RCW 84.55.150).
Foregone Revenue Considerations
On the other hand, if a city foregoes tax revenue to
support MFTEs, there may be other policy concerns:
O Communities will have reduced Tong -term tax
revenues from the MFTE program, especially if
they will be foregoing most or all of the exempted
tax revenue. This can have a significant fiscal
impact on local budgets.
O Other taxing districts may be impacted by tax
exemptions but are not in a position under the
statute to object to a community's MFTE program.
This can have some significant effects on special
districts that cannot make up for this lost revenue
in other ways.
O The total budget impacts may be more
unpredictable, especially without limitations on
the number of exemptions issued by the
community. However, placing limits on the
number and value of exemptions could affect the
ability of the MFTE program to meet housing
goals.
86
Under typical situations, total property tax levies will
increase by 1% over the previous year (plus new
development):
Total Property Tax Levy
New construction is added to the
total tax base by the assessor...
Total Tax Levy Amount
1% increase/year
...increasing the value
of the tax base.
Year
!f new construction value is added to the levy limit but
exempted from property taxes through the MFTE,
property tax obligations will be shifted to the rest of
the tax base:
Tax exempted properties add to the
property tax levy limit...
Total Property Tax Levy
...but these tax obligations will be
covered by non-exempt properties.
Year
However, if exempted value is taken out of the levy
limit in some way, the tax levy amount will decrease.
This will reduce tax revenue, but note that this is not
usually done by assessors in practice.
Tax exempted properties that do not
contribute to the levy lid...
Total Property Tax Levy
would not shift tax obligations
but will result in foregone revenue.
Year
Multi -family Property Tax Exemption Programs
Cities Adjacent to Tukwila
The chart below provides a very basic comparison of multi -family property exemption programs in the
cities that are adjacent to Tukwila.
Notes:
1. The number of certificates issued data is taken from the annual reports on MFTE issued by the
Washington State Department of Commerce. In 2019 through 2021 Tukwila issued three certificates.
2. Examples of additional criteria are larger units (more bedrooms), higher density (units per acre),
larger developments (minimum number of units), public benefits, mixed-use structure, age of
residents (55+), structured or underground parking, 24-hour onsite management, other financial
subsidy programs, replacement of residential units, and more.
4/7/2023
87
Burien
Kent
Renton
SeaTac
Seattle
8 Year
Exemption
Yes
Yes
Yes
Yes
No
12 Year
Exemption
Yes
Yes
Yes
Yes
Yes
20 Year
Exemption
No
No
Yes
No
Yes
Geography
Downtown
commercial
zone
Portions of
downtown
and Midway
Downtown,
Rainier/Grady,
South Lake
Washington,
Sunset
Urban Center
All areas
zoned multi-
family
Additional
Affordability
Criteria
No
Yes
Yes
No
Yes
Additional
Criteria
Yes
Yes
Yes
Yes
Yes
Displacement
Protections
Yes
No
No
No
No
Relocation
Assistance
No
No
No
No
Yes
Sunset
No
No
Yes
No
No
Certificates
Issued in
2021
0
0
1
0
21
Certificates
Issued in
2020
0
1
1
0
9
Certificates
Issued in
2019
0
0
0
0
32
Notes:
1. The number of certificates issued data is taken from the annual reports on MFTE issued by the
Washington State Department of Commerce. In 2019 through 2021 Tukwila issued three certificates.
2. Examples of additional criteria are larger units (more bedrooms), higher density (units per acre),
larger developments (minimum number of units), public benefits, mixed-use structure, age of
residents (55+), structured or underground parking, 24-hour onsite management, other financial
subsidy programs, replacement of residential units, and more.
4/7/2023
87
88