HomeMy WebLinkAboutTukwila Municipal Code - Title 16 - Buildings and Construction (Updated April 2025) TITLE 16 – BUILDINGS AND CONSTRUCTION
Produced by the City of Tukwila, City Clerk’s Office Page 16–1
TITLE 16
BUILDINGS AND
CONSTRUCTION
Chapters:
16.04 Buildings and Construction
16.05 5-Story Type V-A Buildings Repealed by Ordinance
No. 2648, January 2021
16.08 Blanket Tenant Improvement Building Permits
16.16 International Fire Code
16.20 Emergency Service Elevators Repealed by Ordinance No. 2703, May 2023
16.25 Additional Swimming Pool Regulations
16.26 Fire Impact Fees
16.28 Parks Impact Fees
16.34 Road, Bridge and Municipal Construction
Specifications
16.36 Infrastructure Design and Construction Standards
16.40 Fire Alarm Systems Repealed by Ordinance No. 2703,
May 2023
16.42 Sprinkler Systems Repealed by Ordinance No. 2703, May 2023
16.46 Fire Protection in Mid-Rise Buildings Repealed by Ordinance No. 2703, May 2023
16.48 Fire Protection in High-Rise Buildings Repealed by Ordinance No. 2703, May 2023
16.52 Flood Plain Management
16.54 Grading
16.60 Historic Preservation
Figures:
Figure 1 Fee Schedules
TITLE 16 – BUILDINGS AND CONSTRUCTION
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CHAPTER 16.04
BUILDINGS AND CONSTRUCTION
Sections:
16.04.010 Purpose of Chapter
16.04.020 Codes Adopted
16.04.030 Filing Copies of State Building Codes
16.04.040 Compliance with Other Regulations as Prerequisite
for Building Permits
16.04.050 Building, Moving and Demolition Permits
16.04.060 Application for Relocation/Demolition Permit
16.04.070 Correction of Defects Before Issuance of Permit
16.04 080 Terms and Conditions of Issuance
16.04.090 Application Fee
16.04.100 Debris and Excavations
16.04.110 Expiration
16.04.120 Relocation Bond – Required
16.04.130 Relocation Bond – Conditions
16.04.140 Relocation Bond – Default in Performance of
Conditions
16.04.150 Relocation Bond – Refund of Surplus on
Termination
16.04.170 Additional Requirements for Security Devices
16.04.180 Definitions
16.04.190 Enforcement – Right of Entry
16.04.210 Adoption of County Health Regulations
16.04.220 Enforcement Officer Designated
16.04.230 Fee Payment
16.04.240 Abatement of Dangerous Buildings by City
16.04.250 Procedures Applicable to All Development Permits
16.04.260 Affordable Housing Fee Reductions
16.04.010 Purpose of Chapter
TMC Chapter 16.04 is enacted for the purpose of adopting
rules and regulations governing the conditions and maintenance
of all property, buildings and structures by providing standards for
supplied utilities, facilities and other physical things and conditions
essential to ensure that structures are safe, sanitary and fit for
occupation and use; governing the condemnation of buildings and
structures unfit for human occupancy, and use and abatement of
such structures in Tukwila; regulating the issuance of permits and
the collection of fees; to help ensure the protection of the health,
safety and the general welfare of the public; and governing the
creation, construction, enlargement, conversion, alteration, repair,
occupancy, use, height, court area, sanitation, ventilation and
maintenance of all buildings and structures within this jurisdiction.
The purpose of the codes adopted herein is not to create or
otherwise establish or designate any particular class or group of
persons who will or should be especially protected or benefited by
the terms of these codes.
(Ord. 2648 §1, 2021; Ord. 2171 §1 (part); 2007)
16.04.020 Codes Adopted
A.Effective on the date established by the State Building
Code Council, the specified editions of the following model codes
are adopted by reference as if fully set forth and as numerated in
Chapter 19.27 RCW:
2021 International Building Code with statewide
amendments
ICC/ANSI A117.1-09, Accessible and Usable
Buildings and Facilities, with statewide amendments
2021 International Residential Code with
statewide amendments
2021 International Mechanical Code with
statewide amendments
2021 International Fuel Gas Code with statewide
amendments (part of the International Mechanical
Code (IMC) adoption)
2020 Liquefied Petroleum Gas Code (NFPA 58)
2021 National Fuel Gas Code (NFPA 54) (for LP
Gas installation only)
2023 National Electrical Code with statewide
amendments
2021 Uniform Plumbing Code with statewide
amendments
2021 Washington State Energy Code
2021 International Existing Building Code with
statewide amendments found in the IBC
2021 International Swimming Pool and Spa Code
B.The International Building Code, 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, 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.
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C.The International Residential Code, 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 R105.2
of the International Residential Code, 2021 Edition, is amended to
include provisions regarding the following work that is exempt from
a building permit:
a. One-story detached accessory structures used
as tool and storage sheds, playhouses and similar uses, provided
the floor area does not exceed 120 square feet, and such structure
is outside of and entirely separated, as prescribed by Code, from
any existing building on the premises.
b. Fences not over 6 feet high.
D.The Uniform Plumbing Code, 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 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.
(Ord. 2705 §2, 2023; Ord. 2702 §2, 2023;
Ord. 2648 §2, 2021;Ord. 2171 §1 (part), 2007;)
16.04.030 Filing Copies of State Building Codes
The Department of Community Development Permit Center
shall maintain a copy of software of the codes referred to in TMC
Section 16.04.020 and the codes shall be open to public
inspection.
(Ord. 2702 §3, 2023; Ord. 2648 §3, 2021;
Ord. 2171 §1 (part), 2007)
16.04.040 Compliance with Other Regulations as
Prerequisite for Building Permits
A.No building permit shall be issued if the construction
authorized by the permit will violate any existing applicable law or
City ordinance.
B.No building permits shall be issued prior to the approval
of any land use permits required for the project. Land use permit
requirements can be found in TMC Title 18.
(Ord. 2739 §2, 2024; Ord. 2171 §1 (part), 2007)
16.04.050 Building, Moving and Demolition Permits
A.No person shall move any existing building or structure
within or into the City without first obtaining a relocation permit and
a building permit from the Building Division. No person shall effect
any demolition of any building or structure or any part thereof that
is not exempted by Section 105.2 of the International Building
Code without first obtaining a demolition permit from the Building
Division.
B.Except as otherwise provided in TMC 16.04.050, a
relocation permit shall not be issued for any building or structure
that is included within any one or more of the following categories:
1.So constructed or in such condition as to constitute
a danger of injury or death through collapse of the building, fire,
defects, and substandard electrical wiring or other substantial
hazard to the persons who occupy or enter said building after
relocation;
2.Infested with rats or other vermin, or the wood
members of which are infested with rot, decay or insects;
3.So unsanitary or filthy that it would constitute a
hazard to the health of the persons who would occupy said
building after relocation, or, if not intended for occupancy by
human beings, would make it unsuitable for its intended use;
4.In such condition or of a type, character, size or
value, and is so inharmonious with other buildings in the
neighborhood of the relocation site, that placing the building at the
proposed relocation site would substantially diminish the value of
other property or improvements in the district into which the
building is to be relocated;
5.The proposed use of the building is prohibited at the
proposed relocation site under any zoning ordinance or other land
use ordinance of this City;
6.The building, structure or relocation site does not
conform to all applicable provisions of law or ordinance.
(Ord. 2171 §1 (part), 2007)
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16.04.060 Application for Relocation/Demolition
Permit
Every application for a relocation or a demolition permit shall
be in writing upon a form furnished by the Building Division, and
shall set forth such information as may reasonably be required in
order to carry out the purposes of TMC Chapter 16.04. Such
information may include:
1. Pre-move inspection and investigation of the
structure by the Building Division;
2. Photographs of the building or structure to be moved
and/or demolished;
3. Report from a licensed pest control contractor,
stating the condition of the building as to pest infestation;
4. Report from a registered engineer or architect,
stating the structural condition of the building and clearly indicating
the steps to be taken to preserve/enhance said condition.
(Ord. 2171 §1 (part), 2007)
16.04.070 Correction of Defects Before Issuance of
Permit
A. If the building or structure to be moved fails to meet any
of the standards set forth in TMC 16.04.100, but it appears to the
Building Official that the deficiencies can be corrected, the permits
shall be issued only on condition that all deficiencies are corrected
prior to the building being used or occupied.
B. In order to determine any matter regarding relocation of
a building or structure, the Building Official may cause any
investigation to be made which he believes necessary.
(Ord. 2171 §1 (part), 2007)
16.04.080 Terms and Conditions of Issuance
A. In granting a relocation permit, the Building Official may
impose such terms and conditions as are necessary, in the opinion
of the Building Official, to ensure that its relocation will not be
materially detrimental or injurious to the public safety or welfare,
or to the property or improvements in the district to which the
building is to be moved, including, but not limited to, changes,
alterations, additions or repairs to the building or structure.
B. A separate foundation permit, good for 90 days, must be
applied for and approved, prior to issuance of the relocation
permit.
(Ord. 2171 §1 (part), 2007)
16.04.090 Application Fee
The fee for relocation investigation service shall be a $25
base fee, plus $15 for every 10 miles distance or increment
thereof, outside the City limits. In the event a building permit is
issued for a relocated building, the fees for the building permit and
plan review shall be based upon the total value of the building or
structure at its relocated site, using the same valuation formula as
used for new residential construction.
(Ord. 2171 §1 (part), 2007)
16.04.100 Debris and Excavations
A. It shall be the duty of any person to whom any permit is
issued for the demolition or removal of any building or any section
or portion of any building pursuant to the provisions of TMC
Chapter 16.04, and of any person leasing, owning, or occupying
or controlling any lot or parcel of ground from which a building is
removed or demolished, to remove all demolition rubble and loose
miscellaneous material from such lot or parcel of ground, to
properly cap the sanitary sewer connections, and to properly fill or
otherwise protect all basements, cellars, septic tanks, wells and
other excavations.
B. After the work is completed, an inspection will be
required.
(Ord. 2171 §1 (part), 2007)
16.04.110 Expiration
A relocation permit shall expire and become null and void if
the moving of the building or structure onto a permanent
foundation is not completed within 180 days from the date of
issuance of the permit. No extensions will be granted.
(Ord. 2171 §1 (part), 2007)
16.04.120 Relocation Bond – Required
No relocation permit required by TMC Chapter 16.04 shall be
issued by the Building Division unless the applicant therefore first
posts a bond, in a form approved by the City Attorney, executed
by the owner of the premises where the building or structure is to
be located as principal, and a surety company authorized to do
business in the State as surety. The bond shall be in form joint
and several, shall name the City as obligee, and shall be in an
amount equal to the cost plus 10% of the work required to be done,
in order to comply with all the conditions of such relocation permit
as such cost is established by the Building Official. In lieu of a
surety bond, the applicant may post a bond executed by the owner
as principal and which is secured by a deposit in cash in the
amount specified above with a banking or escrow agent
acceptable to the City, and conditioned as required in the case of
a surety bond; such a bond as so secured is hereafter call a “cash
bond” for the purposes of TMC Chapter 16.04.
(Ord. 2171 §1 (part), 2007)
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16.04.130 Relocation Bond – Conditions
Every bond posted pursuant to TMC Chapter 16.04 shall be
conditioned as follows:
1. Each and all of the terms and conditions of the
relocation permit shall be complied with to the satisfaction of the
Building Official;
2. All of the work required to be done pursuant to the
conditions of the relocation permit shall be fully performed and
completed within the time limit specified in the relocation permit;
or, if no time limit is specified, within 90 days after the date said
building is moved to the new location. The time limit herein
specified, or the time limit specified in any permit, may be
extended by the Building Official for good and sufficient cause. No
such extension of time shall be valid unless written, and no such
extension shall release any surety upon any bond.
(Ord. 2171 §1 (part), 2007)
16.04.140 Relocation Bond – Default in Performance
of Conditions
A. Whenever the Building Official finds that a default has
occurred in the performance of any term or condition of any permit
required by TMC 16.04.140, written notice thereof shall be given
to the principal and to the surety of the bond. Such notice shall
state the work to be done, the estimated cost thereof, and the
period of time deemed by the Building Official to be reasonably
necessary for the completion of such work. After receipt of such
notice, the surety must, within the time therein specified, either
cause the required work to be performed or, failing therein, must
pay the full amount of the approved bond to the City. Upon receipt
of such funds, the Building Official shall proceed by such mode as
he deems convenient to cause the building or structure to be
demolished and to clear, clean and restore the site to a natural
condition, but no liability shall be incurred therein other than for the
expenditure of the sum in hand therefor.
B. When any default has occurred on the part of the
principal under the preceding provisions, the surety shall have the
option, in lieu of completing the work required, to demolish the
building or structure and to clear, clean and restore the site to a
natural condition.
(Ord. 2171 §1 (part), 2007)
16.04.150 Relocation Bond – Refund of Surplus on
Termination
The term of each bond posted pursuant to TMC Chapter
16.04 shall begin upon the date of the posting thereof, and shall
end upon completion, to the satisfaction of the Building Official, of
the performance of all the terms and conditions of the relocation
permit required by this section and release of the bond by the
Building Official. Such completion and release shall be evidenced
by a statement thereof signed by the Building Official, a copy of
which will be sent to the surety or principal upon request. When a
cash bond has been posted, the cash shall be returned to the
depositor or his successors or assignees upon the termination of
the bond, except any portion thereof that may have been used or
deducted as provided elsewhere in TMC Chapter 16.04.
(Ord. 2171 §1 (part), 2007)
16.04.170 Additional Requirements for Security Devices
The following requirements shall apply to all apartment
houses, hotels, and motels, provided that nothing in TMC Chapter
16.04 shall be construed to relieve any party from compliance with
the International Building Code and the International Fire Code.
1. Entrance doors to individual housing units shall be
without glass openings and shall be capable of resisting forcible
entry equal to a wood, solid core door, 1-3/4 inches thick. TMC
16.04.170(1) shall apply in a structure constructed after June 24,
1998. Any door replaced in existing structures must comply with
TMC 16.04.170.
2. Every entrance door to an individual housing unit
shall have a keyed, single-cylinder, 1-inch deadbolt lock. The lock
shall be so constructed that the deadbolt lock may be opened from
inside without use of a key. In hotels and motels every entrance
door to an individual unit shall also be provided with a chain door
guard or barrel bolt on the inside.
3. The door of a housing unit to an interior corridor shall
have a visitor observation port, which shall not be in excess of ½-
inch in diameter.
4. In all apartment houses as defined in TMC
16.04.180, lock mechanisms and keys shall be changed upon a
change of tenancy.
5. All exit doors shall be able to open from the interior
without the use of a key or any special knowledge or effort.
6. Deadbolts or other approved locking devices shall
be provided on all sliding patio doors which are less than one story
above grade or are otherwise accessible from the outside. The
lock shall be installed so that the mounting screws for the lock
cases are inaccessible from the outside.
7. Locks and latches and the unlatching thereof shall
be in accordance with the provisions of the State Building Code.
Installation and approval of any alternate locking devices in
existing buildings shall be in accordance with approval of the
Tukwila Fire Department.
(Ord. 2171 §1 (part), 2007)
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16.04.180 Definitions
For the purpose of TMC 16.04.170 through 16.04.190, the
following definitions shall apply:
1. “Apartment house” means any building or portion
thereof (including residential condominiums, for the purpose of this
code) that contains three or more dwelling units.
2. “Hotel” means any building containing six or more
guest rooms intended or designed to be used, or which are used,
rented or hired out to be occupied, or which are occupied for
sleeping purposes by guests.
3. “Motel” means hotel as defined in TMC 16.04.180-2.
(Ord. 2171 §1 (part), 2007)
16.04.190 Enforcement – Right of Entry
The Building Official is authorized and directed to enforce the
provisions of TMC 16.04.170 through 16.04.190 for all new
construction. The Chief of Police is authorized and directed to
enforce the provisions of TMC 16.04.170 through 16.04.190 for all
existing buildings or premises; and upon presentation of proper
credentials, the Chief of Police or his duly authorized
representative may, with the consent of the occupant or pursuant
to a lawfully issued warrant, enter at reasonable times any building
or premises for the purposes of inspecting the physical security of
exterior accessible openings of such building or premises.
(Ord. 2171 §1 (part), 2007)
16.04.210 Adoption of County Health Regulations
Seattle-King County Department of Public Health rules and
regulations for construction, maintenance and operation of
swimming pools, one copy of which is filed with the City Clerk for
use and examination by the public, are adopted by reference as
Tukwila’s rules and regulations.
(Ord. 2171 §1 (part), 2007)
16.04.220 Enforcement Officer Designated
The director of the Seattle-King County Department of Public
Health or his authorized representative is designated as the
enforcement officer of TMC 16.04.200 through 16.04.230.
(Ord. 2171 §1 (part), 2007)
16.04.230 Fee Payment
Any fees to be paid under TMC 16.04.200 through 16.04.230
shall be collected by, paid directly to, and retained by the Seattle-
King County Department of Public Health.
(Ord. 2171 §1 (part), 2007)
16.04.240 Abatement of Dangerous Buildings by City
A. The City Council may, upon approval and passage of an
appropriate resolution or ordinance, direct the Mayor or a
designated representative to abate a dangerous building as
determined by the provisions of TMC Chapter 16.04; and such
dangerous building may be abated by City personnel or by private
contractor under the direction and pursuant to the order of the
Planning Director or designated representative.
B. The City Council shall appropriate sufficient funds to
cover the cost of such repair or demolition work. The costs
incurred by the City in any such abatement proceedings shall be
recovered by special assessment against the real property
involved, and shall constitute a lien as provided by law, and
particular reference being made to RCW 35.80.030.
C. Nothing in TMC 16.04.240 shall be construed to abrogate
or impair the power of the City or any department thereof to
enforce any provision of its charter or its ordinances or regulations,
nor to prevent or punish violations thereof; and any powers
conferred by TMC 16.04.240 shall be in addition to and
supplemental to powers conferred by other laws; nor shall TMC
16.04.240 be construed to impair or limit in any way the power of
the City to define and declare nuisances and to cause their
removal or abatement, by summary proceedings or in any manner
provided by law.
(Ord. 2171 §1 (part), 2007)
16.04.250 Procedures Applicable to All Development
Permits
A. Fees: Permit and plan review fees applicable to all
development permits shall be in accordance with the permit fee
schedule adopted by resolution of the City Council.
B. Application Requirements: Applications for
development permits shall be processed as Type 1 decisions,
subject to the provisions of TMC Chapter 18.104. If any section of
TMC Chapter 18.104 conflicts with the provisions of TMC Section
16.04.250, the provisions of this code section shall prevail.
C. Inspections: 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.
D. Work without Permits: Any person who commences
work before obtaining the necessary permits required by the
Washington State adopted codes and Tukwila Municipal Code to
construct, enlarge, alter, repair, move, demolish or change the
occupancy of a building or structure; or to erect, install, enlarge,
alter, repair, remove, convert or replace any electrical, gas,
mechanical or plumbing system; or to cause any such work to be
performed on a building or structure before obtaining the
necessary permits shall be charged double the fee established in
accordance with the permit fee schedule adopted by resolution of
the City Council.
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E. Fee Refunds: The Building Official may refund any
permit fee paid by the original permit applicant that was
erroneously paid or collected. The Building Official may also
authorize the refund of not more than 80% of the permit fee when
no work has been done under a permit issued in accordance with
the code. Where a plan review fee has been collected, no refund
will be authorized once it has been determined that the application
is complete, and the plan review process has commenced.
Refund of any permit fee paid shall be requested by the original
permit applicant in writing and not later than 180 days after the
date of fee payment.
F. Owner-Occupied Residential Remodel Permits:
Owner-occupied residential remodel permits for projects not
exceeding $20,000.00 in valuation are eligible for a flat fee per the
following:
1. The flat fee includes all permit and other
associated fees in accordance with the permit fee schedule
adopted by resolution of the City Council.
2. The valuation will be cumulative during a rolling
one-year period.
3. All requirements for submittal documents and
inspections are as required for a new house under this section;
only the fee is reduced.
4. Projects that exceed the $20,000.00 limit will be
subject to the standard permit fees in accordance with the permit
fee schedule adopted by resolution of the City Council.
G. Appeals: All references to Board of Appeals are
amended as follows: Any person, firm or corporation may register
an appeal of a decision or determination of the Building Official
provided that such appeal is made in writing within 14 calendar
days after such person, firm or corporation shall have been notified
of the Building Official’s decision. Any person, firm or corporation
shall be permitted to appeal a decision of the Building Official to
the Tukwila Hearing Examiner when it is claimed that any one of
the following conditions exists.
1. The true intent of the code or ordinance has been
incorrectly interpreted.
2. The provisions of the code or ordinance do not
fully apply.
3. The decision is unreasonable or arbitrary as it
applies to alternatives or new materials.
4. Notice of Appeal procedures shall be in
accordance with TMC Section 18.116.030.
H. Violations: Whenever the authority having jurisdiction
determines there are violations of this code, a Notice of Violation
shall be issued to confirm such findings. Any Notice of Violation
issued pursuant to this code shall be served upon the owner,
operator, occupant or other person responsible for the condition or
violation, either by personal service or mail, or by delivering the
same to and leaving it with some person of responsibility upon the
premises. For unattended or abandoned locations, a copy of such
Notice of Violation shall be posted on the premises in a
conspicuous place, at or near the entrance to such premises, and
the Notice of Violation shall be mailed by registered or certified
mail, with return receipt requested, to the last known address of
the owner, occupant or both.
I. Penalties: Any person, firm or corporation who shall
willfully violate or fails to comply with a Notice of Violation is liable
for the monetary penalties prescribed in TMC Section
8.45.120.A.2.
(Ord. 2739 §3, 2024; Ord. 2702 §4, 2023; Ord. 2673 §1, 2022;
Ord. 2648 §4, 2021; Ord. 2171 §1 (part), 2007)
16.04.260 Affordable Housing Fee Reductions
Development permit fees for the construction or substantial
improvement of dwelling units may be reduced by the DCD
Director. Development permits include building, mechanical,
electrical and plumbing permits. “Substantial improvement” is a
repair, reconstruction or rehabilitation of a building or structure the
cost of which exceeds 50 percent of the building or structure’s
assessed value. The property owner must request the reduction
in writing prior to permit submittal and when all of the following
conditions are met:
1. Fee reduction table.
Unit Size Affordability Target 1 Fee Reduction
2 or more bedrooms 80% 2 40%
2 or more bedrooms 60% 2 60%
Any size 50% 2 80%
1 – Units to be sold or rented to a person or household whose
monthly housing costs, including utilities other than telephone, do
not exceed 30% of the household’s monthly income.
2 – Percentage of King County Median family income adjusted for
family size as reported by the U.S. Department of Housing and
Urban Development.
2.If the project contains a mix of dwelling units that
qualify for fee reduction per the table in subparagraph 1 above and
units that do not qualify due to unit size or expense, the fee
reduction shall be pro-rated to reflect the proportion of low-income
units in the project.
3.If converted to market rate housing within 10 years
of the issuance of the Certificate of Occupancy, the full applicable
permit fees at the time of conversion shall be paid to the City.
4.If the project contains commercial tenant space that
occupies more than 15% of the building, along with dwelling units
that qualify for fee reduction per the table in subparagraph 1
above, the fee reduction shall be pro-rated to reflect the proportion
of the total building square footage occupied by the low-income
units. Commercial spaces that occupy less than 15% of the
building are considered accessory and will not affect the fee
reduction.
(Ord. 2520 §1, 2016)
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CHAPTER 16.05
5-STORY TYPE V-A BUILDINGS
Sections:
16.05.010 Purpose of Chapter
16.05.020 Construction
16.05.030 Occupancy
16.05.040 Stair Enclosures
16.05.050 Fire Detection and Protection
16.05.060 Building Height
16.05.070 Basic Allowable Floor Area
16.05.080 Elevators
16.05.090 Fire Department Access
16.05.100 Attic / Roof Ventilation & General Design
Requirements
16.05.110 Construction Inspections
16.05.120 Maintenance of Fire Protection Systems
This Chapter was repealed by Ordinance 2648, January 2021
CHAPTER 16.08
BLANKET TENANT IMPROVEMENT
BUILDING PERMITS
Sections:
16.08.010 Blanket Permitting - Allowed
16.08.020 Policy and Procedure
16.08.030 Fees and Security
16.08.040 Blanket Permit Not in Lieu of Regular Permits
16.08.010 Blanket Permitting - Allowed
Qualifying applicants and projects may be issued an annual
blanket permit to allow tenant improvements to start before
issuance of a building permit.
(Ord. 1529 §1, 1989)
16.08.020 Policy and Procedure
Rules and regulations for determining qualifying applicants
and projects and the policies and procedures to be used are to be
determined by the Administration, and kept on file with and
administered by the Building Official of the City.
(Ord. 1529 §2, 1989)
16.08.030 Fees and Security
The administrative policy shall require a fee for a blanket
permit of $2,500 for each calendar year or part thereof, and shall
require that there be in effect at all times a cash or surety bond
acceptable to the City in the amount of $250,000, to guarantee
that all projects will be constructed pursuant to building permits
finally issued.
(Ord. 1529 §3, 1989)
16.08.040 Blanket Permit Not in Lieu of Regular
Permits
The purpose of the blanket permit is to allow early
construction and such permit is not in lieu of all normally required
permits, and the policies and procedures shall require timely
applications and fees for all such permits.
(Ord. 1529 §4, 1989)
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CHAPTER 16.16
INTERNATIONAL FIRE CODE
Sections:
16.16.010 Adoption of the International Fire Code
16.16.020 Conflicts with Existing Codes and Ordinances
16.16.030 Amendments to the International Fire Code –
Chapter 1, “Scope and Administration”
16.16.040 Amendments to the International Fire Code –
Chapter 2, “Definitions”
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”
16.16.070 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, “Explosives and Fireworks”
16.16.120 Amendments to the International Fire Code –
Chapter 80, “Referenced Standards”
16.16.130 Amendments to the International Fire Code –
Appendix B, “Fire-Flow Requirements for Buildings”
16.16.010 Adoption of the International Fire Code
A. Effective on October 29, 2023, or whichever date is
established by the State Building Code Council, in accordance
with RCW 19.27, the International Fire Code, 2021 Edition,
including Appendix B, 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.
(Ord. 2706 §2, 2023; Ord 2703 §6, 2023)
16.16.020 Conflicts with Existing Codes and
Ordinances
Whenever any provision of the International Fire Code or
appendices adopted by this ordinance conflicts with any provision
of any other adopted code or ordinance of the City, the provision
providing the greater or most effective protection shall govern.
(Ord 2703 §7, 2023)
16.16.030 Amendments 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.
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Exception: Mobile food preparation vehicles which are
not parked, or visiting a location for more than three
consecutive calendar days.
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
105.5.54.
Section 105.5.54 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.
L. Section 105 of the International Fire Code, entitled
“Permits,” is amended by adding the following new subsection
105.6.26: Section 105.6.26 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 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.
Q. Section 109 of the International Fire Code, entitled
“Maintenance,” is amended by substituting subsection 109.3 with
the following:
Section 109.3 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 Code Official, and a copy of the records shall
be provided to the Fire 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 Code Official is authorized to prescribe
the form and format of such recordkeeping.
3. The Fire Code Official is authorized to require
that certain required records be filed with the Fire Code
Official.
4. All test reports must be filed with the
Compliance Engine
(https://www.TheComplianceEngine.com/) within 14
days of the reportable activity.
R. Section 111 of the International Fire Code, entitled
“Board of Appeals,” is amended by substituting Section 111 with
the following:
Section 111 Means of Appeals.
1. Whenever the Fire Code Official disapproves an
application or refuses to grant a permit applied for, the
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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 Code Official. The notice of appeal must be
accompanied by an appeal fee in accordance with the
Tukwila Fire Permit Fee Schedule adopted by resolution
of the City Council.
2. The Notice of Appeal shall contain the following
information:
a. The name of the appealing party.
b. The address and phone number of the
appealing party; and if the appealing party is a
corporation, association or other group, the address and
phone number of a contact person authorized to receive
notices on the appealing party’s behalf.
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
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 Code Official, or
designee’s, decision.
5. The decision of the Hearing Examiner shall be
final.
S. Section 112 of the International Fire Code entitled
“Violations” is amended by substituting subsection 112.4 with the
following:
Section 112.4 Violations and Penalties.
1. Any person who violates any of the Fire Code
provisions of TMC Chapter 16.16 or the International Fire
Code or who fails to comply therewith, or who violates or
fails to comply with any order made thereunder, or who
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 fails to
comply with such an order as affirmed or modified by the
Fire 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 112.4, or
imprisonment for a term not to exceed one year or by
both such fine and imprisonment.
2. The imposition of one penalty for any violation
shall not excuse the violation or permit it to continue.
Each day or portion thereof during which any violation of
the provisions of this section is caused, permitted, or
continued shall constitute a separate offense and shall
be punishable as such. Application of the penalty
specified in this section shall not be held to prevent the
enforced removal of prohibited conditions.
3. Fire lane parking violations shall be considered
a non-traffic civil infraction subject to the fine listed in the
Fire Penalty Bail Schedule, and the vehicle may be
impounded.
4. In addition to the imposition of the penalties
herein described, the Fire 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:
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.
(Ord 2703 §8, 2023)
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
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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: 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.
(Ord 2703 §9, 2023)
16.16.050 Amendments to the International Fire Code – Chapter 3, “General Requirements”
A. 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.
(Ord 2703 §10, 2023)
16.16.060 Amendments to the International Fire Code
– Chapter 5, “Fire Service Features”
A. Section 503 of the International Fire Code, entitled “Fire
Apparatus Access Roads,” is hereby adopted.
B. 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 Code Official is authorized to
increase the distance:
1. Up to 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.
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.
C. 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 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.
D. 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 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 Code Official may approve a reduced width, but the
reduction shall not be less than 16 feet wide.
E. 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. Surface. Fire apparatus access
roads shall be constructed with a surface of asphalt or
concrete or other permanent material approved by the
Fire Code Official, capable of supporting the imposed
load of fire apparatus weighing at least 85,000 lbs
(38,555 kg).
F. 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. Turning Radius. All fire apparatus
access roads shall have a 30-foot minimum inside turning
radius (curb radius) and a 50-foot minimum outside
turning radius, unless otherwise approved by the Fire
Code Official. The radius is measured from the travel
lane edge (curb).
G. Section 503 of the International Fire Code is amended by
substituting subsection 503.2.5 with the following:
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Section 503.2.5. 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
Code Official.
Exception: The Fire Code Official is authorized to
increase the length up to 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.
H. 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 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 lb. fire apparatus, the total imposed
load to be determined by the Fire Code Official.
2. Vehicle load limits shall be posted at both
entrances to bridges when required by the Fire 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 Code Official.
I. 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. Fire apparatus access roads shall not exceed
15 percent longitudinal and/or 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 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:
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 Code Official, that allows for operations of the
gate by Fire and Police personnel via their vehicle mobile
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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.
5. If manually operated, a 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.
L. Section 503 of the International Fire Code entitled “Fire
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 Code Official.
Where 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. 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. 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:
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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 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.
S. Section 504 of the International Fire Code, entitled
“Access to Building Openings and Roofs,” is amended by adding
the following new subsection 504.4:
Section 504.4 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 Code Official. If a stairway is used it shall
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comply with International Fire Code Section 1011 and a
corridor shall comply with International Fire Code Section
1020. The access shall have a minimum width of 5 feet
and be large enough to carry a 35-foot-long sectional
ladder (minimum folded length 20 feet) directly from the
exterior to the courtyard without obstructions. The
access door shall be marked at the street as “Direct Fire
Access to Courtyard”.
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.
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.
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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.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 hydrants and mains required by this section are
in place and approved.
EE. 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 510 of this code and with the
provisions of NFPA 1221 (current edition).
Exceptions:
1.Buildings and areas of buildings that have
minimum radio coverage signal strength levels of the
King County Regional 800 MHz Radio System within the
building in accordance with Section 510.4.1 without the
use of a radio coverage system.
2.In facilities where emergency responder radio
coverage is required and such systems, components or
equipment required could have a negative impact on the
normal operations of that facility, the Fire 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.
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Prior coordination and approval from the Public Safety
Radio System Operator is required before installation of
an Emergency Responder Radio System. Until PSERN
is the single operator of the county wide system
(projected date Q4 2022 / Q1 2023), such approval is
required from EPSCA, King County, Seattle or
ValleyCom depending on the location of the installation.
To be forward compatible, designers and contractors
should be aware of PSERN’s requirements for
Distributed Antenna Systems which can be found on their
website (https://PSERN.org). Section 510.4 Technical Requirements. Systems,
components and equipment required to provide the
emergency responder radio coverage system shall
comply with Sections 510.4.1 through 510.4.2.8.
Section 510.4.1 Emergency responder communication enhancement system signal
strength. The building shall be considered to have
acceptable emergency responder communications
enhancement system coverage when signal strength
measurements in 95 percent of all areas on each floor of
the building meet the signal strength requirements in
Sections 510.4.1.1 through 510.4.1.3.
Exception: Critical areas, such as the fire command
center(s), the fire pump room(s), interior exit stairways,
exit passageways, elevator lobbies, standpipe cabinets,
sprinkler sectional valve locations, and other areas
required by the Fire 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 Fire 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 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 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
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antennas to not less than 20dB greater than the system
gain under all operating conditions.
5. Bi-Directional Amplifiers (BDAs) used in
emergency responder radio coverage systems shall be
fitted with anti-oscillation circuitry and per-channel AGC.
6. The installation of amplification systems or
systems that operate on or provide the means to cause
interference on any emergency responder radio
coverage networks shall be coordinated and approved by
the Public Safety Radio System Operator.
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 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
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
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.
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.
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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 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
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 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 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 Code
Official an acceptance test report that includes items
(10a-10e).
Section 510.5.4 FCC compliance. The emergency
responder radio coverage system installation and
components shall comply with all applicable federal
regulations including, but not limited to, FCC 47 CFR Part
90.219.
Section 510.5.5 Mounting of the donor antenna(s). To maintain proper alignment with the
system designed donor site, donor antennas shall be
permanently affixed on the highest possible position on
the building or where approved by the Fire 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 Code Official 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
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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
Code 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.
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 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 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 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
(b) Each of the critical areas identified in
acceptance test documentation required by Section
510.5.3, or as modified by the Fire 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 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
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results are not available or acceptable to the Fire 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 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.
(Ord 2703 §11, 2023)
16.16.070 Amendments to the International Fire Code – Chapter 6, “Building Services and Systems”
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.
(Ord 2703 §12, 2023)
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.
(Ord 2703 §13, 2023)
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.
B. Section 901 of the International Fire Code entitled
“General” is amended by adding the following new subsection
901.7.7:
Section 901.7.7 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 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:
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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.
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.
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:
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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.
(Ord 2703 §14, 2023)
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:
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.
(Ord 2703 §15, 2023)
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 5601.1.3 Fireworks. 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.
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.
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.
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 Fire
Code Official may prohibit the discharge of all fireworks
including those described in section 5601.1.3.1.d.
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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:
Section 5601.2.2 Sale and Retail Display. 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 Fire 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.
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 Code Official 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 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 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
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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.
g. 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.
h. 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.
C. Section 5608 of the International Fire Code entitled
“Fireworks Display” is amended by substituting 5608.3 with the
following: Section 5608.3 Pyrotechnic Display Requirements.
All fireworks displays shall conform to the following
minimum standards and conditions:
1. All fireworks displays must be planned,
organized, and discharged by a state-licensed
pyrotechnician.
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 Code Official 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 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 Code Official
are both directed to administer and enforce the
provisions of this chapter. Upon request by the Chief of
Police or the Fire Code Official, 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 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.
(Ord 2703 §16, 2023)
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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 Installation of Sprinkler Systems
13D-22 Installation of Sprinkler Systems in One- and Two-
family Dwellings and Manufactured Homes
13R-22 Installation of Sprinkler Systems in Residential
Occupancies up to and Including Four Stories in
Height
20-22 Installation of Stationary Pumps for Fire Protection
24-22 Installation of Private Fire Service Mains and Their
Appurtenances
72-22 National Fire Alarm and Signaling Code
110-22 Emergency and Standby Power Systems
111-22 Stored Electrical Energy Emergency and Standby
Power Systems
1225-22 Standard for Emergency Services Communications
(Ord 2703 §17, 2023)
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.
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.
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
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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 less than 150 feet on all sides. Section B105.4.2 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.
(Ord 2703 §18, 2023)
CHAPTER 16.20
EMERGENCY SERVICE ELEVATORS
Sections:
16.20.010 Application
16.20.020 Requirements
16.20.030 Waiver
This Chapter was repealed by Ordinance 2703, May 2023
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CHAPTER 16.25
ADDITIONAL SWIMMING POOL
REGULATIONS
Sections:
16.25.010 Location
16.25.020 Required Fencing
16.25.030 Plan Approval Required
16.25.040 Public Swimming Pools
16.25.050 Conformance of Prior-Existing Swimming Pools
16.25.010 Location
A swimming pool may not be located in any front yard required
by the zoning code of the City, nor closer than five feet measured
from the edge of the water surface to any exterior property line.
(Ord. 1363 §2(part), 1985)
16.25.020 Required Fencing
A. Every person who owns real property, or any person who
is in possession of real property either as owner, purchaser under
contract, as the lessee, tenant or licensee, and which real property
is located within the boundaries of any residential district zone (R-
l through RMH) or which is located within the boundaries of any C-
l, C-2 or M-l district, and which property is located within the
incorporated area of the City, and upon which real property there
is situated a man-made, hard-surfaced swimming pool, or, any
person above named who hereinafter constructs upon any real
property, as above designated, a man-made, hard-surfaced
swimming pool, shall erect thereon and maintain thereupon a solid
structure or a fence not less than five feet in height with no opening
therein, other than doors or gates, larger than six inches square.
The fence or other solid structure shall completely surround the
swimming pool in such a manner as to minimize, as nearly as
possible, the danger of unsupervised children gaining access
thereto. All gates or doors opening through such enclosure shall
be equipped with a self-closing and self-latching device designed
to keep and capable of keeping such doors or gates securely
closed at all times when not in actual use, and all latches shall be
placed at least 4-1/2 feet above the ground or shall be made
inaccessible to small children from the outside; provided, however,
that the door to any dwelling occupied by human beings and
forming any part of the enclosure hereinabove required need not
be so equipped. Such fencing and latches shall be installed prior
to the filling of the pool with water for use.
B. When a swimming pool that is located within a yard
enclosed by a fence meets the requirements of TMC Chapter
16.25, and when the gates or doors in the fence meet the
requirements of TMC Chapter 16.25, no fence immediately
surrounding the swimming pool shall be required.
(Ord. 1363 §2(part), 1985)
16.25.030 Plan Approval Required
Plans for swimming pools to be constructed shall be
submitted to the Building Department, and shall show on their face
the form of proposed compliance with the requirements of TMC
Chapter 16.25; and the final inspection and approval of all pools
hereafter constructed shall be withheld until all requirements of
TMC Chapter 16.25 shall have been complied with. Use of the
swimming pools before inspection and approval shall constitute a
violation of TMC Chapter 16.25.
(Ord. 1363 §2(part), 1985)
16.25.040 Public Swimming Pools
The provisions of TMC Chapter 16.25 shall not apply to public
swimming pools for which a charge or admission price is required
to be paid for the use thereof, nor to swimming pools which are a
part of and located upon the same premises as a hotel or motel,
nor to swimming pools operated by a school district when the pools
are made unavailable except at times when attended by adult
supervisors or guards.
(Ord. 1363 §2(part), 1985)
16.25.050 Conformance of Prior-Existing Swimming
Pools
Swimming pools of a type subject to the provisions of TMC
Chapter 16.25, which were in existence on the effective date of the
ordinance codified herein but which swimming pools do not
possess the safety features required in TMC Chapter 16.25, shall,
within a period of not to exceed six months from the effective date
of the ordinance codified herein, be brought into conformity with
the provisions and requirements of TMC Chapter 16.25.
Swimming pools not brought into conformity within the period of
time herein stipulated are hereby declared to be public nuisances
and public hazards, and the owners of the premises upon which
such pools exist shall be subject to the penalties prescribed
herein.
(Ord. 1363 §2(part), 1985)
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CHAPTER 16.26
FIRE IMPACT FEES
Sections:
16.26.010 Authority and Purpose
16.26.020 Findings
16.26.030 Definitions
16.26.040 Fire Impact Fee Assessment
16.26.050 Use of Fire Impact Fees
16.26.060 Fire Impact Fee Capital Facilities Plan
16.26.070 Fire Impact Fee Formula
16.26.080 Annual Fire Impact Fee Updates
16.26.090 Individual Projects Fire Impact Fee Adjustments
16.26.100 Credits
16.26.110 Appeals
16.26.120 Exemptions
16.26.125 Residential Impact Fee Deferral
16.26.130 Refunds
16.26.140 Authority Unimpaired
16.26.010 Authority and Purpose
A.Authority. The City of Tukwila's impact fee financing
program has been developed pursuant to the City of Tukwila's
policy powers, the Growth Management Act as codified in Chapter
36.70A of the Revised Code of Washington (RCW).
B.Purpose. The purpose of the financing plan is to:
1.Develop a program consistent with Tukwila's Fire
Department Capital Facilities Plan and the Capital Improvement
Program for joint public and private financing of fire protection
services necessitated in whole or in part by development within
the City of Tukwila;
2.Ensure adequate levels of public fire protection and
service are consistent with the current level of service standards;
3.Create a mechanism to charge and collect fees to
ensure that development bears its proportionate share of the
capital costs of public fire protection facilities necessitated by
development; and
4. Ensure fair collection and administration of such fire
impact fees.
(Ord. 2571 §4, 2018)
16.26.020 Findings
The City Council finds and determines that growth and
development in the City create additional demand and need for
public fire protection facilities in the City, and the City Council finds
that growth and development should pay its proportionate share
of the costs of the facilities needed to serve the growth and
development in the City. Therefore, pursuant to RCW 36.70A and
RCW 82.02.050 through 82.02.100, which authorize the City to
impose and collect impact fees to fund public facilities that serve
growth, the City Council adopts this ordinance to impose fire
protection impact fees for fire protection services. It is the
Council's intent that the provisions of this ordinance be liberally
construed in establishing the fire impact fee program.
(Ord. 2571 §5, 2018)
16.26.030 Definitions
Terms or words not defined herein shall be defined pursuant
to RCW 82.02.090 when given their usual and customary
meaning. For the purposes of this ordinance, unless the context
or subject matter clearly requires otherwise, the words or phrases
defined in this section shall have the following meanings:
1.“Accessory residential structure” means a
structure that is incidental and subordinate to the principal
residence on the property and is physically detached to the
principal residence, but does not include accessory dwelling units.
For example, a detached garage or storage shed for garden tools
are considered accessory residential structures.
2.“Accessory dwelling unit (ADU)” means a
dwelling unit that is within or attached to a single-family dwelling
or in a detached building on the same lot as the primary single-
family dwelling. An ADU is distinguishable from a duplex by being
clearly subordinate to the primary dwelling unit, both in use and
appearance.
3."Building permit" means an official document or
certification of the City of Tukwila issued by the City's building
official which authorizes the construction, alteration, enlargement,
conversion, reconstruction, remodeling, rehabilitation, erection,
placement, demolition, moving, or repair of a building or structure.
4."City" means the City of Tukwila, Washington,
County of King.
5."Development activity" means any construction,
reconstruction, or expansion of a building, structure, or use, or any
changes in use of a building or structure, or any changes in the
use of land, requiring development approval.
6."Development approval" means any written
authorization from the City, which authorizes the commencement
of the "development activity."
7.“Early Learning Facility” is defined consistent with
RCW 43.31.565(3) as now enacted or hereafter amended.
8."Encumber" means to reserve, set aside, or
earmark the fire impact fees in order to pay for commitments,
contractual obligations, or other liabilities incurred for the provision
of fire protective services.
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9."Fee payer" is a person, corporation, partnership, an
incorporated association or governmental agency, municipality, or
similar entity commencing a land development activity that
requires a building permit and creates a demand for additional fire
capital facilities.
10."Fire protection facilities" means all publicly
owned apparatus and buildings within the City that are used for
fire protection and/or emergency response and aid.
11."Impact fee" means the payment of money imposed
by the City on development activity pursuant to this ordinance as
a condition of granting development approval in order to pay for
the fire facilities needed to serve growth and development that is
a proportionate share of the cost of fire capital facilities used for
facilities that reasonably benefit development. Impact fees do not
include reasonable permit fees, application fees, administrative
fees for collecting and handling fire impact fees, or the cost of
reviewing independent fee calculations.
12."Low-income housing" means housing where
monthly costs, including utilities other than telephone, are no
greater than 30% of the resident’s household monthly income and
where household monthly income is 80% or less of the King
County Median family income adjusted for family size as reported
by the U.S. Department of Housing and Urban Development.
13."Owner" means the owner of record of real property,
as found in the records of King County, Washington, or a person
with an unrestricted written option to purchase property; provided,
that if the real property is being purchased under a recorded real
estate contract, the purchaser shall be considered the owner of
the property.
14."Proportionate share" means that portion of the
cost for fire facility improvements that are reasonably related to the
service demands and needs of development..
(Ord. 2655 §1, 2021; Ord. 2571 §6, 2018)
16.26.040 Fire Impact Fee Assessment
A.The City shall collect fire impact fees from applicants
seeking development approvals from the City for any development
activity in the City for which building permits are required effective
January 1, 2009, consistent with the provisions of this ordinance.
B.Fire impact fees shall be assessed at the time of a
technically-complete building permit application that complies with
the City's zoning ordinances and building and development codes.
Fire impact fees shall be collected from the fee payer at the time
the building permit is issued.
C.Except if otherwise exempt, the City shall not issue the
required building permit unless or until the fire impact fees are
paid.
(Ord. 2571 §7, 2018)
16.26.050 Use of Fire Impact Fees
A.Pursuant to this ordinance, fire impact fees shall be used
for fire facilities that will reasonably benefit growth and
development, and only for fire protection facilities addressed by
the City's Capital Facilities Element of the Comprehensive Plan.
B.Fees shall not be used to make up deficiencies in City
facilities serving an existing development.
C.Fees shall not be used for maintenance and operations,
including personnel.
D.Fire impact fees shall be used for, but not limited to, land
acquisition, site improvements, engineering and architectural
services, permitting, financing, administrative expenses and
applicable mitigation costs, and capital equipment pertaining to fire
protection facilities.
E.Fire impact fees may also be used to recoup public
improvement costs incurred by the City to the extent that growth
and development will be served by the previously constructed
improvement.
F.In the event bonds or similar debt instruments are or have
been issued for fire facility improvements, impact fees may be
used to pay the principal and interest on such bonds.
(Ord. 2571 §8, 2018)
16.26.060 Fire Impact Fee Capital Facilities Plan
In order to collect fire impact fees, the City must first adopt a
Fire Capital Facilities Plan as an element of the City's
Comprehensive Plan. The City's Capital Facilities Plan for fire
protection services shall consist of the following elements:
1.The City's capacity over the next six years, based on
an inventory of the City's fire facilities both existing and under
construction;
2.The forecast of future needs for fire facilities based
upon the City's population projections;
3.A six-year financial plan component, updated as
necessary, to maintain at least a six-year forecast for financing
needed within projected funding levels;
4.Application of the formula set forth in this ordinance
based upon the information in the Capital Facilities Plan; and
5.City Council Action. No new or revised impact fee
shall be effective until adopted by the City Council following a duly
advertised public hearing to consider the City's Capital Facilities
Plan or plan update, except for fees adjusted through the annual
update process outlined in TMC Section 16.26.080.
(Ord. 2571 §9, 2018)
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16.26.070 Fire Impact Fee Formula
A.The impact fee formula is based on the assumptions
found in “Tukwila Fire and Parks Impact Fee Rate Study, 2018,”
Exhibit A attached to the ordinance and by this reference fully
incorporated herein. A fee schedule is codified as Figure 16-1,
Fee Schedule, attached hereto1 as Exhibit B.
B.Each development shall mitigate its impacts on the City's
fire protection facilities by payment of a fee that is based on the
type of land use of the development, and proportionate to the cost
of the fire protection facility improvements necessary to serve the
needs of growth. For residential development, fee amount is
based on number of units; for commercial development, fee
amount is based on square footage of the development.
C.Applications for a change of use shall receive credit
based on the existing use. This credit is calculated by deducting
the fee amount of the existing use from the fee of the proposed
use. (Ord. 2571 §10, 2018)
16.26.080 Annual Fire Impact Fee Updates
Fire impact fee rates shall be updated annually using the
following procedures:
1.The Fire Chief shall use the Construction Cost Index
for Seattle (June-June) published by the Engineering News
Record to calculate annual inflation adjustments in the impact fee
rates. The fire impact fees shall not be adjusted for inflation should
the index remain unchanged.
2.The impact fee rates, as updated annually per TMC
Section 16.26.080(1), shall be effective January 1, 2019, and on
January 1 of each year thereafter, and a copy shall be provided to
the City Council.
(Ord. 2571 §11, 2018)
16.26.090 Individual Project Fire Impact Fee
Adjustments
A.The City may adjust a fire impact fee at the time the fee
is imposed in order to consider unusual circumstances in specific
cases to ensure that impact fees are imposed fairly.
B.In calculating the fee imposed on a particular
development, the City shall permit consideration of studies and
data submitted by a developer in order to adjust the amount of the
fee. The developer shall submit an independent fee calculation
study to the Fire Chief who shall review the study to determine that
the study:
1.Is based on accepted impact fee assessment
practices and methodologies;
2.Uses acceptable data sources and the data used is
comparable with the uses and intensities planned for the proposed
development activity;
3.Complies with the applicable state laws governing
impact fees;
4.Is prepared and documented by professionals who
are mutually agreeable to the City and the developer and
who are qualified in their respective fields; and
5.Shows the basis upon which the independent fee
calculation was made.
C.In reviewing the study, the Fire Chief may require the
developer to submit additional or different documentation. If an
acceptable study is presented, the Fire Chief may adjust the fee
for the particular development activity. The Fire Chief shall
consider the documentation submitted by the applicant, but is not
required to accept such documentation that the Chief reasonably
deems to be inaccurate or unreliable.
D.A developer requesting an adjustment or independent
fee calculation may pay the impact fees imposed by this ordinance
in order to obtain a building permit while the City determines
whether to partially reimburse the developer by making an
adjustment or by accepting the independent fee calculation.
(Ord. 2571 §12, 2018)
16.26.100 Credits
In computing the fee applicable to a given development, credit
shall be given for the fair market value measured at the time of
dedication, for any dedication of land for improvements to, or new
construction of, any fire protection facilities that are identified in the
Capital Facilities Element and that are required by the City as a
condition of approving the development activity.
(Ord. 2571 §13, 2018)
16.26.110 Appeals
A.Any fee payer may pay the impact fees imposed by this
ordinance under protest in order to obtain a building permit.
B.Appeals regarding fire impact fees imposed on any
development activity may only be submitted by the fee payer of
the property where such development activity will occur. No
appeal shall be permitted unless and until the impact fee at issue
has been paid.
C.Determinations by the City staff with respect to the
applicability of fire impact fees to a given development activity, or
the availability of a credit, can be appealed to the City's Hearing
Examiner pursuant to this section.
D. An appeal shall be filed within 10 working days of
payment of the impact fees under protest or within 10 working days
of the City's issuance of a written determination of a credit or
exemption decision by filing with the City Clerk a notice of appeal
giving the reasons for the appeal and paying the accompanying
appeal fee as set forth in the existing fee schedule for land use
decisions.
Unit Size Affordability Target 1 Fee Reduction
2 or more bedrooms 80% 2 40%
2 or more bedrooms 60% 2 60%
Any size 50% 2 80%
1 – Units to be sold or rented to a person or household whose monthly
housing costs, including utilities other than telephone, do not exceed
30% of the household's monthly income.
2 – Percentage of King County Median family income adjusted for
family size as reported by the U.S. Department of Housing and Urban
Development.
1 City Clerk’s Note: Attachments are not included in the Tukwila Municipal Code. Exhibit B can be found in the Digital Records Center under Ord. 2734.
(Ord. 2570 §14, 2018)
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16.26.120 Exemptions
A.The fire impact fees are generated from the formula for
calculating the fees as set forth in this chapter. The amount of the
impact fees is determined by the information contained in the
adopted fire department master plan and related documents, as
appended to the City's Comprehensive Plan. All development
activity located within the City shall be charged a fire impact fee;
provided, that the following exemptions shall apply.
B.The following shall be exempt from fire impact fees:
1.Replacement of a structure with a new structure
having the same use, at the same site, and with the same gross
floor area, when such replacement is within 12 months of
demolition or destruction of the previous structure.
2.Alteration, expansion, or remodeling of an existing
dwelling or structure where no new units are created and the use
is not changed.
3. Construction of an accessory residential structure.
4.Miscellaneous improvements including, but not
limited to, fences, walls, swimming pools, and signs that do not
create an increase in demand for fire services.
5.Demolition of or moving an existing structure within
the City from one site to another.
6.Fire impact fees for the construction of low-income
housing may be reduced when requested by the property owner
in writing prior to permit submittal and subject to the following:
a.The property owner must submit a fiscal impact
analysis of how a reduction in impact fees for the project would
contribute to the creation of low-income housing; and
b.The property owner must record a covenant per
RCW 82.02.060(3) that prohibits using the property for any
purpose other than for low-income housing at the original income
limits for a period of at least 10 years. At a minimum, the covenant
must address price restrictions and household income limits for
the low-income housing, and that if the property is converted to a
use other than low income housing within 10 years, the property
owner must pay the City the applicable impact fees in effect at the
time of conversion.
c.Should the property owner satisfy the criteria in
TMC Section 16.26.120.B.6., a and b, the fees will be reduced,
based on the following table:
7.Change of Use. A development permit for a change
of use that has less impact than the existing use shall not be
assessed a fire impact fee.
8.A fee payer required to pay for system
improvements pursuant to RCW 43.21C.060 shall not be required
to pay an impact fee for the same improvements under this
ordinance.
9.A fee payer installing a residential fire sprinkler
system in a single-family home shall not be required to pay the fire
operations portion of the impact fee. The exempted fire operations
impact fee shall not include the proportionate share related to the
delivery of emergency medical services.
10.An Early Learning Facility is exempt from paying 80
percent of the required Fire Impact Fee.
(Ord. 2655 §2, 2021; Ord. 2571 §15, 2018)
16.26.125 Residential Impact Fee Deferral
A.Applicability.
1.The provisions of this section shall apply to all impact
fees established and adopted by the City pursuant to Chapter
82.02 RCW, including impact fees for fire facilities assessed under
Tukwila Municipal Code Chapter 16.26.
2.Subject to the limitations imposed in the Tukwila
Municipal Code, the provisions of this section shall apply to all
building permit applications for single-family detached and single-
family attached residential construction. For the purposes of this
section, an "applicant" includes an entity that controls the named
applicant, is controlled by the named applicant, or is under
common control with the named applicant.
B.Impact Fee Deferral.
1.Deferral Request. Applicants for single-family
attached or single-family detached residential building permits
may request to defer payment of required impact fees until the
sooner of:
a. final inspection; or
b.the closing of the first sale of the property
occurring after the issuance of the applicable building permit;
which request shall be granted so long as the
requirements of this section are satisfied.
2.Method of Request. A request for impact fee deferral
shall be submitted at the time of preliminary plat application (for
platted development) or building permit application (for non-platted
development) in writing on a form or forms provided by the City,
along with payment of the applicable application or permit fees.
3.Calculation of Impact Fees. The amount of impact
fees to be deferred under this section shall be determined as of
the date the request for deferral is submitted.
C.Deferral Term. The term of an impact fee deferral
granted under this section may not exceed 18 months from the
date the building permit is issued ("Deferral Term"). If the condition
triggering payment of the deferred impact fees does not occur prior
to the expiration of the Deferral Term, then full payment of the
impact fees shall be due on the last date of the Deferral Term.
D.Deferred Impact Fee Lien.
1.Applicant’s Duty to Record Lien. An applicant
requesting a deferral under this section must grant and record a
deferred impact fee lien, in an amount equal to the deferred impact
fees, against the property in favor of the City in accordance with
the requirements of RCW 82.02.050(3)(c).
2.Satisfaction of Lien. Upon receipt of final payment
of all deferred impact fees for the property, the City shall execute
a release of deferred impact fee lien for the property. The property
owner at the time of the release is responsible, at his or her own
expense, for recording the lien release.
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E.Limitation on Deferrals. Each applicant for a single-
family residential construction permit, in accordance with his or her
contractor registration number or other unique identification
number, is entitled to annually receive deferrals for the first 20
single-family residential construction building permits.
(Ord. 2571 §16, 2018)
16.26.130 Refunds
A.If the City fails to expend or encumber the impact fees
within 10 years from the date the fees were paid, unless
extraordinary, compelling reasons exist for fees to be held longer
than 10 years, the current owner of the property on which the
impact fees were paid may receive a refund of such fees. Such
extraordinary or compelling reasons shall be identified in written
findings by the City Council.
B.The City shall notify potential claimants by first class mail
that they are entitled to a refund. In determining whether impact
fees have been expended or encumbered, impact fees shall be
considered expended or encumbered on a first-in, first-out basis.
C.Owners seeking a refund must submit a written request
for a refund of the fees to the City within one year of the date the
right to claim a refund arises or notice is given, whichever comes
later.
D.Any impact fees for which no application has been made
within the one-year period shall be retained by the City and
expended on appropriate fire facilities.
E.Refunds of impact fees shall include any interest earned
on the impact fees by the City.
(Ord. 2571 §17, 2018)
16.26.140 Authority Unimpaired
Nothing in this ordinance shall preclude the City from
requiring the fee payer to mitigate adverse environmental effects
of a specific development pursuant to the State Environmental
Policy Act, Chapters 43.21C RCW and/or Chapter 58.17 RCW,
governing plats and subdivisions, provided that the exercise of this
authority is consistent with Chapters 43.21C and 82.02 RCW.
(Ord. 2571 §18, 2018)
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CHAPTER 16.28
PARKS IMPACT FEES
Sections:
16.28.010 Authority and Purpose
16.28.020 Findings
16.28.030 Definitions
16.28.040 Parks Impact Fee Assessment
16.28.050 Use of Parks Impact Fees
16.28.060 Parks Impact Fee Capital Facilities Plan
16.28.070 Parks Impact Fee Formula
16.28.080 Annual Parks Impact Fee Updates
16.28.090 Individual Projects Parks Impact Fee Adjustments
16.28.100 Credits
16.28.110 Appeals
16.28.120 Exemptions
16.28.125 Residential Impact Fee Deferral
16.28.130 Refunds
16.28.140 Authority Unimpaired
16.28.010 Authority and Purpose
A.Authority. The City of Tukwila's impact fee financing
program has been developed pursuant to the City of Tukwila's
policy powers, the Growth Management Act as codified in Chapter
36.70A of the Revised Code of Washington (RCW).
B.Purpose. The purpose of the financing plan is to:
1.Develop a program consistent with Tukwila's Parks
and Recreation Department Capital Facilities Plan for joint public
and private financing of public parks facilities and services
necessitated in whole or in part by development within the City of
Tukwila;
2.Create a mechanism to charge and collect fees to
ensure that development bears its proportionate share of the
capital costs of public parks facilities necessitated by
development; and
3.Ensure fair collection and administration of such
parks impact fees.
(Ord. 2572 §4, 2018)
16.28.020 Findings
The City Council finds and determines that growth and
development in the City create additional demand and need for
public parks facilities in the City, and the City Council finds that
growth and development should pay its proportionate share of the
costs of the facilities needed to serve the growth and development
in the City. Therefore, pursuant to RCW 36.70A and RCW
82.02.050 through 82.02.100, which authorize the City to impose
and collect impact fees to fund public facilities that serve growth,
the City Council adopts this ordinance to impose parks impact fees
for parks services. It is the Council's intent that the provisions of
this ordinance be liberally construed in establishing the parks
impact fee program.
(Ord. 2572 §5, 2018)
16.28.030 Definitions
Terms or words not defined herein shall be defined pursuant
to RCW 82.02.090 when given their usual and customary
meaning. For the purposes of this ordinance, unless the context
or subject matter clearly requires otherwise, the words or phrases
defined in this section shall have the following meanings:
1.“Accessory residential structure” means a
structure that is incidental and subordinate to the principal
residence on the property and is physically detached to the
principal residence, but does not include accessory dwelling units.
For example, a detached garage or storage shed for garden tools
are considered accessory residential structures.
2.“Accessory dwelling unit (ADU)” means a
dwelling unit that is within or attached to a single-family dwelling
or in a detached building on the same lot as the primary single-
family dwelling. An ADU is distinguishable from a duplex by being
clearly subordinate to the primary dwelling unit, both in use and
appearance.
3. "Building permit" means an official document or
certification of the City of Tukwila issued by the City's building
official which authorizes the construction, alteration, enlargement,
conversion, reconstruction, remodeling, rehabilitation, erection,
placement, demolition, moving, or repair of a building or structure.
4. "City" means the City of Tukwila, Washington,
County of King.
5. "Development activity" means any construction,
reconstruction, or expansion of a building, structure, or use, or any
changes in use of a building or structure, or any changes in the
use of land, requiring development approval.
6. "Development approval" means any written
authorization from the City, which authorizes the commencement
of the "development activity."
7.“Early Learning Facility” is defined consistent with
RCW 43.31.565(3) as now enacted or hereafter amended.
8."Encumber" means to reserve, set aside, or
earmark the parks impact fees in order to pay for commitments,
contractual obligations, or other liabilities incurred for the provision
of parks services.
9. "Fee payer" is a person, corporation, partnership, an
incorporated association or governmental agency, municipality, or
similar entity commencing a land development activity that
requires a building permit and creates a demand for additional
parks capital facilities.
10."Impact fee" means the payment of money imposed
by the City on development activity pursuant to this ordinance as
a condition of granting development approval in order to pay for
the parks facilities needed to serve growth and development that
is a proportionate share of the cost of parks capital facilities used
for facilities that reasonably benefit development. Impact fees do
not include reasonable permit fees, application fees,
administrative fees for collecting and handling parks impact fees,
or the cost of reviewing independent fee calculations.
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11."Low-income housing" means housing where
monthly costs, including utilities other than telephone, are no
greater than 30% of the resident’s household monthly income and
where household monthly income is 80% or less of the King
County Median family income adjusted for family size as reported
by the U.S. Department of Housing and Urban Development.
12."Owner" means the owner of record of real property,
as found in the records of King County, Washington, or a person
with an unrestricted written option to purchase property; provided,
that if the real property is being purchased under a recorded real
estate contract, the purchaser shall be considered the owner of
the property.
13."Parks facilities" means those capital facilities
identified as park and recreational facilities in the City's Capital
Facilities Plan.
14."Proportionate share" means that portion of the
cost for parks facility improvements that are reasonably related to
the service demands and needs of development.
(Ord. 2656 §1, 2021; Ord. 2572 §6, 2018)
16.28.040 Parks Impact Fee Assessment
A.The City shall collect parks impact fees from applicants
seeking development approvals from the City for any development
activity in the City for which building permits are required, effective
January 1, 2009, consistent with the provisions of this ordinance.
B.Parks impact fees shall be assessed at the time of a
technically-complete building permit application that complies with
the City's zoning ordinances and building and development codes.
Parks impact fees shall be collected from the fee payer at the time
the building permit is issued.
C.Except if otherwise exempt, the City shall not issue the
required building permit unless or until the parks impact fees are
paid.
(Ord. 2572 §7, 2018)
16.28.050 Use of Parks Impact Fees
A.Pursuant to this ordinance, parks impact fees shall be
used for parks facilities that will reasonably benefit growth and
development, and only for park facilities addressed by the City's
Capital Facilities Element of the Comprehensive Plan.
B.Fees shall not be used to make up deficiencies in City
facilities serving an existing development.
C.Fees shall not be used for maintenance and operations,
including personnel.
D.Parks impact fees shall be used for but not limited to land
acquisition, site improvements, engineering and architectural
services, permitting, financing, administrative expenses and
applicable mitigation costs, and capital equipment pertaining to
parks facilities.
E.Parks impact fees may also be used to recoup public
improvement costs incurred by the City to the extent that growth
and development will be served by the previously constructed
improvement.
F.In the event bonds or similar debt instruments are or have
been issued for parks facility improvements, impact fees may be
used to pay the principal and interest on such bonds.
(Ord. 2572 §8, 2018)
16.28.060 Parks Impact Fee Capital Facilities Plan
In order to collect parks impact fees, the City must first adopt
a parks capital facilities plan as an element of the City's
Comprehensive Plan. The City's Capital Facilities Plan for parks
services shall consist of the following elements:
1.The City's capacity over the next six years, based on
an inventory of the City's parks facilities both existing and under
construction;
2.The forecast of future needs for parks facilities
based upon the City's population projections;
3.A six-year financial plan component, updated as
necessary, to maintain at least a six-year forecast for financing
needed within projected funding levels;
4.Application of the formula set forth in this ordinance
based upon the information in the capital facilities plan; and
5.City Council Action. No new or revised impact fee
shall be effective until adopted by the City Council following a duly
advertised public hearing to consider the City's Capital Facilities
Plan or plan update, except for fees adjusted through the annual
update process outlined in TMC Section 16.28.080.
(Ord. 2572 §9, 2018)
16.28.070 Parks Impact Fee Formula
A.The impact fee formula is based on the assumptions
found in “Tukwila Fire and Parks Impact Fee Rate Study, 2018,”
Exhibit A attached to the ordinance and by this reference fully
incorporated herein. A fee schedule is codified as Figure 16-1,
Fee Schedule, attached hereto1 as Exhibit B.
B.Each development shall mitigate its impacts on the City's
parks facilities by payment of a fee that is based on the type of
land use of the development, and proportionate to the cost of the
parks facility improvements necessary to serve the needs of
growth. For residential development, fee amount is based on
number of units; for commercial development, fee amount is
based on square footage of the development.
C.Applications for a change of use shall receive credit
based on the existing use. This credit is calculated by deducting
the fee amount of the existing use from the fee of the proposed
use.
(Ord. 2572 §10, 2018)
1 City Clerk’s Note: Attachments are not included in the Tukwila Municipal Code. Exhibit B can be found in the Digital Records Center under Ord. 2735.
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16.28.080 Annual Parks Impact Fee Updates
Park impact fee rates shall be updated annually using the
following procedures:
1.The Director of Parks and Recreation ("Director")
shall use the Construction Cost Index for Seattle (June-June)
published by the Engineering News Record to calculate annual
inflation adjustments in the impact fee rates. The parks impact
fees shall not be adjusted for inflation should the index remain
unchanged.
2.The impact fee rates, as updated annually per TMC
Section 16.28.080(1), shall be effective January 1, 2019, and on
January 1 of each year thereafter, and a copy shall be provided to
the City Council.
(Ord. 2572 §11, 2018)
16.28.090 Individual Project Parks Impact Fee
Adjustments
A.The City may adjust a parks impact fee at the time the
fee is imposed in order to consider unusual circumstances in
specific cases to ensure that impact fees are imposed fairly.
B.In calculating the fee imposed on a particular
development, the City shall permit consideration of studies and
data submitted by a developer in order to adjust the amount of the
fee. The developer shall submit an independent fee calculation
study to the Director of Parks and Recreation, who shall review the
study to determine that the study:
1.Is based on accepted impact fee assessment
practices and methodologies;
2.Uses acceptable data sources and the data used is
comparable with the uses and intensities planned for the proposed
development activity;
3.Complies with the applicable state laws governing
impact fees;
4.Is prepared and documented by professionals who
are mutually agreeable to the City and the developer and who are
qualified in their respective fields; and
5.Shows the basis upon which the independent fee
calculation was made.
C.In reviewing the study, the Director of Parks and
Recreation may require the developer to submit additional or
different documentation. If an acceptable study is presented, the
Director may adjust the fee for the particular development activity.
The Director shall consider the documentation submitted by the
applicant, but is not required to accept such documentation that
the Director reasonably deems to be inaccurate or unreliable.
D.A developer requesting an adjustment or independent
fee calculation may pay the impact fees imposed by this ordinance
in order to obtain a building permit while the City determines
whether to partially reimburse the developer by making an
adjustment or by accepting the independent fee calculation.
(Ord. 2572 §12, 2018)
16.28.100 Credits
In computing the fee applicable to a given development, credit
shall be given for the fair market value measured at the time of
dedication, for any dedication of land for improvements to, or new
construction of, any parks facilities that are identified in the Capital
Facilities Element and that are required by the City as a condition
of approving the development activity.
(Ord. 2572 §13, 2018)
16.28.110 Appeals
A.Any fee payer may pay the impact fees imposed by this
ordinance under protest in order to obtain a building permit.
B.Appeals regarding parks impact fees imposed on any
development activity may only be submitted by the fee payer of
the property where such development activity will occur. No
appeal shall be permitted unless and until the impact fee at issue
has been paid.
C.Determinations by the City staff with respect to the
applicability of parks impact fees to a given development activity,
or the availability of a credit, can be appealed to the City's Hearing
Examiner pursuant to this section.
D.An appeal shall be filed within 10 working days of
payment of the impact fees under protest or within 10 working days
of the City's issuance of a written determination of a credit or
exemption decision by filing with the City Clerk a notice of appeal
giving the reasons for the appeal and paying the accompanying
appeal fee as set forth in the existing fee schedule for land use
decisions.
(Ord. 2572 §14, 2018)
16.28.120 Exemptions
A.The parks impact fees are generated from the formula for
calculating the fees as set forth in this chapter. The amount of the
impact fees is determined by the information contained in the
adopted parks master plan and related documents, as appended
to the City's Comprehensive Plan. All development activity located
within the City shall be charged a parks impact fee; provided, that
the following exemptions shall apply.
B.The following shall be exempt from parks impact fees:
1.Replacement of a structure with a new structure
having the same use, at the same site, and with the same gross
floor area, when such replacement is within 12 months of
demolition or destruction of the previous structure.
2.Alteration, expansion, or remodeling of an existing
dwelling or structure where no new units are created and the use
is not changed.
3. Construction of an accessory residential structure.
4.Miscellaneous improvements including, but not
limited to, fences, walls, swimming pools, and signs that do not
create an increase in demand for parks services.
5.Demolition of or moving an existing structure within
the City from one site to another.
6.Parks impact fees for the construction of low-income
housing may be reduced when requested by the property owner
in writing prior to permit submittal and subject to the following:
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a. The property owner must submit a fiscal impact
analysis of how a reduction in impact fees for the project would
contribute to the creation of low-income housing; and
b. The property owner must record a covenant per
RCW 82.02.060(3) that prohibits using the property for any
purpose other than for low-income housing at the original income
limits for a period of at least 10 years. At a minimum, the covenant
must address price restrictions and household income limits for
the low-income housing, and that if the property is converted to a
use other than low income housing within 10 years, the property
owner must pay the City the applicable impact fees in effect at the
time of conversion.
c. Should the property owner satisfy the criteria in
TMC Section 16.28.120.B.6., a and b, the fees will be reduced,
based on the following table:
Unit Size Affordability Target 1 Fee Reduction
2 or more bedrooms 80% 2 40%
2 or more bedrooms 60% 2 60%
Any size 50% 2 80%
1 – Units to be sold or rented to a person or household whose
monthly housing costs, including utilities other than telephone,
do not exceed 30% of the household's monthly income.
2 – Percentage of King County Median family income adjusted
for family size as reported by the U.S. Department of Housing
and Urban Development.
7. Change of Use. A development permit for a change
of use that has less impact than the existing use shall not be
assessed a parks impact fee.
8. A fee payer required to pay for system
improvements pursuant to RCW 43.21C.060 shall not be required
to pay an impact fee for the same improvements under this
ordinance.
9. An Early Learning Facility is exempt from paying 80
percent of the required Parks Impact Fee.
(Ord. 2656 §2, 2021; Ord. 2572 §15, 2018)
16.28.125 Residential Impact Fee Deferral
A. Applicability.
1. The provisions of this section shall apply to all impact
fees established and adopted by the City pursuant to Chapter
82.02 RCW, including parks impact fees assessed under Tukwila
Municipal Code Chapter 16.28.
2. Subject to the limitations imposed in the Tukwila
Municipal Code, the provisions of this section shall apply to all
building permit applications for single-family detached and single-
family attached residential construction. For the purposes of this
section, an "applicant" includes an entity that controls the named
applicant, is controlled by the named applicant, or is under
common control with the named applicant.
B. Impact Fee Deferral.
1. Deferral Request. Applicants for single-family
attached or single-family detached residential building permits
may request to defer payment of required impact fees until the
sooner of:
a. final inspection; or
b. the closing of the first sale of the property
occurring after the issuance of the applicable building permit;
which request shall be granted so long as the
requirements of this section are satisfied.
2. Method of Request. A request for impact fee deferral
shall be submitted at the time of preliminary plat application (for
platted development) or building permit application (for non-platted
development) in writing on a form or forms provided by the City,
along with payment of the applicable application or permit fees.
3. Calculation of Impact Fees. The amount of impact
fees to be deferred under this section shall be determined as of
the date the request for deferral is submitted.
C. Deferral Term. The term of an impact fee deferral
granted under this section may not exceed 18 months from the
date the building permit is issued ("Deferral Term"). If the
condition triggering payment of the deferred impact fees does not
occur prior to the expiration of the Deferral Term, then full payment
of the impact fees shall be due on the last date of the Deferral
Term.
D. Deferred Impact Fee Lien.
1. Applicant’s Duty to Record Lien. An applicant
requesting a deferral under this section must grant and record a
deferred impact fee lien, in an amount equal to the deferred impact
fees, against the property in favor of the City in accordance with
the requirements of RCW 82.02.050(3)(c).
2. Satisfaction of Lien. Upon receipt of final payment
of all deferred impact fees for the property, the City shall execute
a release of deferred impact fee lien for the property. The property
owner at the time of the release is responsible, at his or her own
expense, for recording the lien release.
E. Limitation on Deferrals. Each applicant for a single-
family residential construction permit, in accordance with his or her
contractor registration number or other unique identification
number, is entitled to annually receive deferrals for the first 20
single-family residential construction building permits.
(Ord. 2572 §16, 2018)
16.28.130 Refunds
A. If the City fails to expend or encumber the impact fees
within 10 years from the date the fees were paid, unless
extraordinary, compelling reasons exist for fees to be held longer
than 10 years, the current owner of the property on which the
impact fees were paid may receive a refund of such fees. Such
extraordinary or compelling reasons shall be identified in written
findings by the City Council.
B. The City shall notify potential claimants by first class mail
that they are entitled to a refund. In determining whether impact
fees have been expended or encumbered, impact fees shall be
considered expended or encumbered on a first-in, first-out basis.
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C. Owners seeking a refund must submit a written request
for a refund of the fees to the City within one year of the date the
right to claim a refund arises or notice is given, whichever comes
later.
D. Any impact fees for which no application has been made
within the one-year period shall be retained by the City and
expended on appropriate parks facilities.
E. Refunds of impact fees shall include any interest earned
on the impact fees by the City.
(Ord. 2572 §17, 2018)
16.28.140 Authority Unimpaired
Nothing in this ordinance shall preclude the City from
requiring the fee payer to mitigate adverse environmental effects
of a specific development pursuant to the State Environmental
Policy Act, Chapters 43.21C RCW and/or Chapter 58.17 RCW,
governing plats and subdivisions, provided that the exercise of this
authority is consistent with Chapters 43.21C and 82.02 RCW.
(Ord. 2572 §18, 2018)
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CHAPTER 16.34
ROAD, BRIDGE AND MUNICIPAL
CONSTRUCTION SPECIFICATIONS
Sections:
16.34.010 Specifications Adopted
16.34.020 Copies to be on File
16.34.010 Specifications Adopted
The 2012 edition of the Standard Specifications for Road,
Bridge, and Municipal Construction, prepared by the Washington
State Department of Transportation and the Washington State
Chapter of the American Public Works Association, and all
subsequent editions or amendments thereto, is hereby adopted as
the Code of the City of Tukwila, Washington, for regulating the
construction and maintenance of public works, including streets,
bridges, sanitary sewers, storm sewers, water distribution,
structures and other public works. The Public Works Director may
allow the use of American Institute of Architects (AIA),
Construction Specifications Institute (CSI), or other building and
facilities standard specifications, on a case-by-case basis.
(Ord. 2367 §1 (part), 2012)
16.34.020 Copies to be on File
Not less than three copies of said Standard Specifications and
City of Tukwila supplements shall remain on file for use in
examination by the public in the Public Works Department
(Ord. 2367 §1 (part), 2012)
CHAPTER 16.36
INFRASTRUCTURE DESIGN AND
CONSTRUCTION STANDARDS
Sections:
16.36.010 Adopted
16.36.015 Incorporation of MIC/L and MIC/H Zone Driveway
Design and Bus Pullout Requirements
16.36.020 Copies to be on File
16.36.010 Adopted
The City of Tukwila Infrastructure Design and Construction
Standards are hereby adopted by this reference as if fully set forth
herein. Said Infrastructure Design and Construction Standards
shall be in addition to such specific terms and conditions as may
be established for any permit issued by the City. The Mayor and/or
the Director of Public Works is hereby authorized to develop,
disseminate, revise and update the City of Tukwila Infrastructure
Design and Construction Standards for utility work, work in the
public right-of-way or in easements, and all other work performed
pursuant to construction related permits issued by the City of
Tukwila.
(Ord. 1783 §1, 1996)
16.36.015 Incorporation of MIC/L and MIC/H Zone
Driveway Design and Bus Pullout Requirements
The Public Works Director shall incorporate the “MIC/L and
MIC/H Zone Driveway Design and Bus Pullout Requirements,” as
presented in the Tukwila Manufacturing/Industrial Center Strategic
Implementation Plan (pages 28 and 29), into the City of Tukwila
Infrastructure Design and Construction Standards (Ord. 1783).
(Ord. 1853 §10, 1998)
16.36.020 Copies to be on File
Not less than three copies of said Infrastructure Design and
Construction Standards shall remain on file for use in examination
by the public in the Public Works Department.
(Ord. 1783 §2, 1996)
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CHAPTER 16.40
FIRE ALARM SYSTEMS
Sections:
16.40.010 Required
16.40.020 References
16.40.030 Definitions
16.40.040 Approval and Design Plans
16.40.050 General Requirements
16.40.060 Alarm/Control Panel Requirements
16.40.070 Placement and Type of Detector
16.40.080 Acceptance Testing
16.40.090 Maintenance
16.40.100 Applicability
16.40.110 Monitoring
16.40.120 Special Requirements
16.40.130 Reinspection Fees for New Construction, Tenant
Improvements and Spot Inspections
16.40.140 Exceptions
16.40.150 Penalties
16.40.160 Permit Expiration
16.40.170 Appeals
This Chapter was repealed by Ordinance 2703, May 2023
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CHAPTER 16.42
SPRINKLER SYSTEMS
Sections:
16.42.010 Required
16.42.020 References
16.42.030 Definitions
16.42.040 Approval and Design Plans
16.42.050 Where Required
16.42.060 Standpipes
16.42.070 General Requirements
16.42.080 Special Requirements
16.42.090 Existing Buildings
16.42.100 Maintenance
16.42.110 Re-inspection Fees for New Construction, Tenant
Improvements, and Spot Inspections
16.42.120 Exceptions
16.42.130 Penalties
16.42.140 Permit Expiration
16.42.150 Appeals
This Chapter was repealed by Ordinance 2703, May 2023
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CHAPTER 16.46
FIRE PROTECTION IN
MID-RISE BUILDINGS
Sections:
16.46.010 Story Defined
16.46.020 Scope and Construction of Chapter
16.46.030 Sprinkler Systems
16.46.040 Fire Hose Racks
16.46.050 Standpipes
16.46.060 Parking Structures
16.46.070 Standby Fire Pumps
16.46.080 Emergency Power Generator
16.46.090 Windows
16.46.100 Smoke/Heat Detector System
16.46.110 Emergency Communications System
16.46.120 Emergency Communications System Room
16.46.130 Emergency Evacuation Notification System
16.46.140 Smoke Evacuation System
16.46.150 Re-inspection Fees for New Construction, Tenant
Improvements, and Spot Inspections
16.46.160 Violations--Penalties
16.46.170 Appeals
16.46.180 Exceptions
This Chapter was repealed by Ordinance 2703, May 2023
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CHAPTER 16.48
FIRE PROTECTION IN
HIGH-RISE BUILDINGS
Sections:
16.48.010 Story Defined
16.48.020 Scope and Construction of Chapter
16.48.030 Sprinkler Systems
16.48.040 Fire Hose Racks
16.48.050 Standpipes
16.48.060 Parking Structures
16.48.070 Standby Fire Pumps
16.48.080 Emergency Power Generator
16.48.090 Windows
16.48.100 Smoke/Heat Detector System
16.48.110 Emergency Communications System
16.48.120 Emergency Communications System Room
16.48.130 Emergency Evacuation Notification System
16.48.140 Smoke Evacuation System
16.48.150 Re-inspection Fees for New Construction, Tenant
Improvements, and Spot Inspections
16.48.160 Violations--Penalties
16.48.170 Appeals
16.48.180 Exceptions
This Chapter was repealed by Ordinance 2703, May 2023
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CHAPTER 16.52
FLOOD PLAIN MANAGEMENT
Sections:
16.52.010 Statutory Authorization
16.52.020 Purpose
16.52.030 Definitions
16.52.040 Applicability
16.52.050 Basis for Establishing the Areas of Special Flood
Hazard
16.52.060 Interpretation
16.52.070 Warning and Disclaimer of Liability
16.52.080 Administration
16.52.090 Permits
16.52.100 Standards
16.52.110 Floodways
16.52.120 Critical Facility
16.52.125 Compliance
16.52.130 Penalties
16.52.140 Abrogation and Greater Restrictions
16.52.010 Statutory Authorization
The Legislature of the State of Washington delegated the
responsibility to the City of Tukwila to adopt regulations designed
to promote the public health, safety, and general welfare of its
citizenry.
(Ord. 2637 §3, 2020)
16.52.020 Purpose
This chapter aims to promote the public health, safety, and
general welfare, and to minimize public and private losses due to
flood conditions in specific areas, by provisions designed to:
1. Protect human life and health;
2. Minimize expenditure of public money and costly
flood control projects;
3. Minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at the expense
of the general public;
4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utilities such
as water and gas mains, electric, telephone and sewer lines,
streets, and bridges located in areas of special flood hazard;
6. Help maintain a stable tax base by providing for the
sound use and development of areas of special flood hazard so
as to minimize future flood blight areas;
7. Ensure that potential buyers are notified that
property is in an area of special flood hazard;
8. Ensure that those who occupy the areas of special
flood hazard assume responsibility for their actions; and
9. Participate in and maintain eligibility for flood
insurance and disaster relief.
(Ord. 2637 §4, 2020)
16.52.030 Definitions
Unless specifically defined below, words or phrases used in
this chapter shall be interpreted to give them the meaning they
have in common usage and to give this chapter its most
reasonable application.
1. Alteration of watercourse: Any action that will
change the location of the channel occupied by water within the
banks of any portion of a riverine waterbody.
2. Appeal: A request for a review of the interpretation
of any provision of this chapter or a request for a variance.
3. Area of shallow flooding: A designated zone AO,
AH, AR/AO or AR/AH (or VO) on a community’s Flood Insurance
Rate Map (FIRM) with a one percent or greater annual chance of
flooding to an average depth of one to three feet where a clearly
defined channel does not exist, where the path of flooding is
unpredictable, and where velocity flow may be evident. Such
flooding is characterized by ponding or sheet flow. Also referred
to as the sheet flow area.
4. Area of special flood hazard: The land in the
floodplain within a community subject to a 1 percent or greater
chance of flooding in any given year. It is shown on the Flood
Insurance Rate Map (FIRM) as zone A, AO, AH, A1-30, AE, A99,
AR (V, VO, V1-30, VE). “Special flood hazard area” is
synonymous in meaning with the phrase “area of special flood
hazard”.
5. ASCE 24: The most recently published version of
ASCE 24, “Flood Resistant Design and Construction”, published
by the American Society of Civil Engineers.
6. Base flood: The flood having a 1% chance of being
equaled or exceeded in any given year (also referred to as the
“100-year flood”).
7. Base Flood Elevation (BFE): The elevation to
which floodwater is anticipated to rise during the base flood.
8. Basement: Any area of the building having its floor
sub-grade (below ground level) on all sides.
9. Building: See "Structure.”
10. Building Code: The current editions of the building
codes and amendments adopted by Washington State and
amended by the City of Tukwila.
11. Breakaway wall: A wall that is not part of the
structural support of the building and is intended through its design
and construction to collapse under specific lateral loading forces,
without causing damage to the elevated portion of the building or
supporting foundation system.
12. Critical facility: A facility for which even a slight
chance of flooding might be too great. Critical facilities include,
but are not limited to, schools; nursing homes; hospitals; police,
fire and emergency response installations; and installations that
produce, use, or store hazardous materials or hazardous waste.
13. Development: Any man-made change to improved
or unimproved real estate, including, but not limited to, buildings
or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations or storage of equipment or
materials located within the area of special flood hazard.
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14. Director: The Director of Public Works or designee.
15. Elevation Certificate: An administrative tool of the
National Flood Insurance Program (NFIP) that can be used to
provide elevation information, to determine the proper insurance
premium rate and to support a request for a Letter of Map
Amendment (LOMA) or Letter of Map Revision based on fill
(LOMR-F).
16. Elevated building: For insurance purposes, a non-
basement building that has its lowest elevated floor raised above
ground level by foundation walls, shear walls, post, piers, pilings,
or columns.
17. Essential facility: This term has the same meaning
as “Essential Facility” defined in ASCE 24. Table 1-1 in ASCE 24-
14 further identifies building occupancies that are essential
facilities.
18. Flood or Flooding:
(a) A general and temporary condition of partial or
complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters;
(2) The unusual and rapid accumulation or
runoff of surface waters from any source; and/or
(3) Mudslides (i.e., mudflows), which are
proximately caused by flooding as defined in subparagraph (a)(2)
of this definition and are akin to a river of liquid and flowing mud
on the surfaces of normally dry land areas, as when earth is
carried by a current of water and deposited along the path of the
current.
(b) The collapse or subsidence of land along the
shore of a lake or other body of water as a result of erosion or
undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high
water level in a natural body of water, accompanied by a severe
storm, or by an unanticipated force of nature, such as flash flood
or an abnormal tidal surge, or by some similarly unusual and
unforeseeable event that results in flooding as defined in
subparagraph (a)(1) of this definition.
19. Flood elevation study: An examination,
evaluation, and determination of flood hazards and, if appropriate,
corresponding water surface elevations, or an examination,
evaluation and determination of mudslide (i.e., mudflow) and/or
flood-related erosion hazards. Also known as a Flood Insurance
Study (FIS).
20. Flood Insurance Rate Map (FIRM): The official
map of a community on which the Federal Insurance Administrator
has delineated both the special flood hazard areas and the risk
premium zones applicable to the community. A FIRM that has
been made available digitally is called a Digital Flood Insurance
Rate Map (DFIRM).
21. Floodplain or flood-prone area: Any land area
susceptible to being inundated by water from any source. See
"Flood or Flooding.”
22. Floodplain Administrator: The community official
designated by title to administer and enforce the floodplain
management regulations.
23. Floodplain management regulations: Zoning
ordinances, subdivision regulations, building codes, health
regulations, special purpose ordinances (such as floodplain
ordinance, grading ordinance and erosion control ordinance) and
other application of police power. The term describes such state
or local regulations, in any combination thereof, that provide
standards for the purpose of flood damage prevention and
reduction.
24. Flood proofing: Any combination of structural and
nonstructural additions, changes, or adjustments to structures that
reduce or eliminate risk of flood damage to real estate or improved
real property, water and sanitary facilities, structures, and their
contents. Flood-proofed structures are those that have the
structural integrity and design to be impervious to floodwater
below the Base Flood Elevation.
25. Floodway: The channel of a river or other
watercourse and the adjacent land areas that must be reserved in
order to discharge the base flood without cumulatively increasing
the water surface elevation more than a designated height. Also
referred to as "Regulatory Floodway.”
26. Functionally dependent use: A use that cannot
perform its intended purpose unless it is located or carried out in
close proximity to water. The term includes only docking facilities,
port facilities that are necessary for the loading and unloading of
cargo or passengers, and ship building and ship repair facilities,
and does not include long-term storage or related manufacturing
facilities.
27. Highest adjacent grade: The highest natural
elevation of the ground surface prior to construction next to the
proposed walls of a structure.
28. Historic structure: Any structure that is:
a. Listed individually in the National Register of
Historic Places (a listing maintained by the Department of the
Interior) or preliminarily determined by the Secretary of the Interior
as meeting the requirements for individual listing on the National
Register;
b. Certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical
significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic
district;
c. Individually listed on a state inventory of historic
places in states with historic preservation programs that have
been approved by the Secretary of the Interior; or
d. Individually listed on a local inventory of historic
places in communities with historic preservation programs that
have been certified either:
(1) By an approved state program as
determined by the Secretary of the Interior, or
(2) Directly by the Secretary of the Interior in
states without approved programs.
29. Lowest floor: The lowest floor of the lowest
enclosed area (including basement). An unfinished or flood-
resistant enclosure, usable solely for parking of vehicles, building
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access or storage in an area other than a basement area, is not
considered a building’s lowest floor, provided that such enclosure
is not built so as to render the structure in violation of the
applicable non-elevation design requirements of this chapter (i.e.
provided there are adequate flood ventilation openings).
30. Manufactured home: A structure, transportable in
one or more sections, that is built on a permanent chassis and is
designed for use with or without a permanent foundation when
attached to the required utilities. The term “manufactured home”
does not include a “recreational vehicle.”
31. Manufactured home park or subdivision: A
parcel (or contiguous parcels) of land divided into two or more
manufactured home lots for rent or sale.
32. Mean sea level: For purposes of the National Flood
Insurance Program, the vertical datum to which Base Flood
Elevations shown on a community's Flood Insurance Rate Map
are referenced.
33. New construction: For the purposes of
determining insurance rates, structures for which the “start of
construction” commenced on or after the effective date of an initial
Flood Insurance Rate Map or after December 31, 1974, whichever
is later, and includes any subsequent improvements to such
structures. For floodplain management purposes, “new
construction” means structures for which the "start of construction"
commenced on or after the effective date of a floodplain
management regulation adopted by a community and includes any
subsequent improvements to such structures.
34. NFIP means National Flood Insurance Program.
35. One-hundred-year flood or 100-year flood: See
"Base flood.”
36. Reasonably safe from flooding: Development that
is designed and built to be safe from flooding based on
consideration of current flood elevation studies, historical data,
high water marks and other reliable data known to the community.
In unnumbered “A” zones where flood elevation information is not
available and cannot be obtained by practicable means,
“reasonably safe from flooding” means the lowest floor is at least
two feet above the Highest Adjacent Grade.
37. Recreational vehicle: A vehicle:
a. Built on a single chassis;
b. 400 square feet or less when measured at the
largest horizontal projection;
c. Designed to be self-propelled or permanently
towable by a light-duty truck; and
d. Designed primarily not for use as a permanent
dwelling but as temporary living quarters for recreational, camping,
travel, or seasonal use.
38. Special Flood Hazard Area (SFHA): The land in
the flood plain subject to a 1% or greater chance of flooding in any
given year. It is also referred to as the 100-year flood elevation or
the base flood elevation. These areas are designated on Flood
Insurance Rate Maps (FIRMs) using the letters A or V. Special
flood hazard areas include flood-prone areas designated by the
City.
39. Start of construction: Includes substantial
improvement and means the date the building permit was issued,
provided the actual start of construction, repair, reconstruction,
rehabilitation, addition, placement, or other improvement was
within 180 days from the date of the permit. The actual start
means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work
beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction
does not include land preparation, such as clearing, grading, and
filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for a basement, footings,
piers, or foundations or the erection of temporary forms; nor does
it include the installation on the property of accessory buildings,
such as garages or sheds not occupied as dwelling units or not
part of the main structure. For a substantial improvement, the
actual start of construction means the first alteration of any wall,
ceiling, floor, or other structural part of a building, whether or not
that alteration affects the external dimensions of the building.
40. Structure: For floodplain management purposes, a
walled and roofed building, including a gas or liquid storage tank,
that is principally above ground, as well as a manufactured home.
41. Substantial Damage: Damage of any origin
sustained by a structure whereby the cost of restoring the structure
to its before-damaged condition would equal or exceed 50 percent
of the market value of the structure before the damage occurred.
42. Substantial improvement: Any reconstruction,
rehabilitation, addition, or other improvement of a structure, the
cost of which equals or exceeds 50 percent of the market value of
the structure before the "start of construction" of the improvement.
This term includes structures that have incurred "substantial
damage," regardless of the actual repair work performed. The
term does not, however, include either:
a. Any project for improvement of a structure to
correct previously identified existing violations of state or local
health, sanitary, or safety code specifications that have been
identified by the local code enforcement official and that are the
minimum necessary to assure safe living conditions; or
b. Any alteration of a "historic structure," provided
that the alteration will not preclude the structure's continued
designation as a "historic structure.”
43. Variance: A grant of relief by a community from the
terms of a floodplain management regulation.
44. Violation: The failure of a structure or other
development to be fully compliant with the community’s floodplain
management regulations. A structure or other development
without the elevation certificate, other certifications, or other
evidence of compliance required in this chapter is presumed to be
in violation until such time as that documentation is a grant of relief
by a community from the terms of a floodplain management
regulation.
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45. Water surface elevation: The height, in relation to
the vertical datum utilized in the applicable flood insurance study
of floods of various magnitudes and frequencies in the floodplains
of coastal or riverine areas.
46. Water Dependent: A structure for commerce or
industry that cannot exist in any other location and is dependent
on the water by reason of the intrinsic nature of its operations.
(Ord. 2637 §5, 2020)
16.52.040 Applicability
This chapter applies to all special flood hazard areas within
the City of Tukwila jurisdiction.
(Ord. 2637 §6, 2020)
16.52.050 Basis for Establishing the Areas of Special
Flood Hazard
A. The special flood hazard areas identified by the Federal
Insurance Administrator in a scientific and engineering report
entitled “The Flood Insurance Study (FIS) for King County,
Washington and Incorporated Areas” dated August 19, 2020, and
any revisions thereto, with accompanying Flood Insurance Rate
Maps (FIRMs) dated August 19, 2020, and any revisions thereto,
are hereby adopted by reference and declared to be a part of this
chapter. The FIS and the FIRMs are on file at 6300 Southcenter
Boulevard, Suite 100.
B. The best available information for flood hazard area
identification as outlined in TMC Section 16.52.080.C2 shall be the
basis for regulation until a new FIRM is issued which incorporates
this data.
(Ord. 2637 §7, 2020)
16.52.060 Interpretation
In the interpretation and application of TMC Chapter 16.42, all
provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body;
and
3. Deemed neither to limit nor repeal any other powers
granted under State statutes.
(Ord. 2637 §8, 2020)
16.52.070 Warning and Disclaimer of Liability
The degree of flood protection required by TMC Chapter
16.52 is considered reasonable for regulatory purposes and is
based on scientific and engineering considerations. Larger floods
can and will occur on rare occasions. Flood heights may be
increased by man-made or natural causes. This chapter does not
imply that land outside the areas of special flood hazards or uses
permitted within such areas will be free from flooding or flood
damages. This chapter shall not create liability on the part of the
City of Tukwila, any officer or employee thereof, or the Federal
Insurance Administration for any flood damages that result from
reliance on this chapter or any administrative decision lawfully
made hereunder.
(Ord. 2637 §9, 2020)
16.52.080 Administration
A. The Public Works Director is hereby appointed to
administer, implement, and enforce this ordinance by granting or
denying development permits in accordance with its provisions.
The Floodplain Administrator may delegate authority to implement
these provisions.
B. The Director may:
1. Restrict or prohibit development that is dangerous to
health, safety, and property due to water or erosion hazards, or
which result in damaging increases in erosion, or in flood heights
or velocities;
2. Require that development vulnerable to floods be
protected against flood damage at the time of initial construction;
3. Control the alteration of natural floodplains, stream
channels, and natural protective barriers, which help
accommodate or channel flood waters;
4. Control filling, grading, dredging and other
development which may increase flood damage; and
5. Prevent or regulate the construction of flood barriers
that would unnaturally divert floodwaters or that might increase
flood hazards in other areas.
C. The Director’s duties shall include, but shall not be limited
to:
1. Permit Review.
a. Review all development permits to determine
that the permit requirements of this chapter have been satisfied.
b. Review all development permits to determine
that all necessary permits have been obtained from those Federal,
State, or local governmental agencies from which prior approval is
required.
c. The site is reasonably safe from flooding.
d. Review all development permits to determine if
the proposed development is located in the floodway, and ensure
that the encroachment provisions of TMC Section 16.52.110,
"Floodways," are met.
e. Notify FEMA when annexations occur in the
Special Flood Hazard Area.
2. Special Flood Hazard Area.
a. When base flood elevation data has not been
provided in A zones, the Director shall obtain, review, and
reasonably utilize any base flood elevation and floodway data
available from a Federal, State or other source, in order to
administer TMC Chapter 16.52.
b. Where elevation data is not available either
through the FIS, FIRM, or from another authoritative source (TMC
Section 16.52.080), applications for floodplain development shall
be reviewed to assure that proposed construction will be
reasonably safe from flooding. The test of reasonableness is a
local judgment and includes use of historical data, high water
marks, photographs of past flooding, etc., where available. Failure
to elevate at least two feet above the highest adjacent grade in
these zones may result in higher insurance rates.
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c. Where needed, the Director shall interpret exact
location of the boundaries of the areas of special flood hazards –
for example, where there appears to be a conflict between a
mapped boundary and actual field conditions. The Director shall
provide the person contesting the boundary location a reasonable
opportunity to appeal the interpretation. Such appeals shall be
granted consistent with the standards of Section 60.6 of the Rules
and Regulations of the National Flood Insurance Program (44
CFR 59-76).
3. Changes to Special Flood Hazard Area.
a. If a project will alter the Base Flood Elevation
(BFE) or boundaries of the Special Flood Hazard Area (SFHA),
then the project proponent shall provide the community with
engineering documentation and analysis regarding the proposed
change. If the change to the BFE or boundaries of the SFHA
would normally require a Letter of Map Change, then the project
proponent shall initiate, and receive approval of, a Conditional
Letter of Map Revision (CLOMR) prior to approval of the
development permit. The project shall be constructed in a manner
consistent with the approved CLOMR.
b. If a CLOMR application is made, the project
proponent shall also supply the full CLOMR documentation
package to the Floodplain Administrator to be attached to the
floodplain development permit, including all required property
owner notifications.
4. Watercourse Alteration.
a. Notify adjacent communities and the Department
of Ecology (DOE) prior to any alteration or relocation of a
watercourse, and submit evidence of such notification to the
Federal Insurance Administration through appropriate notification
means. (44 CFR 60.3(b)(6))
b. Require that maintenance be provided within the
altered or relocated portion of said watercourse so that the flood
carrying capacity is not diminished.
5. Information to be Obtained and Maintained.
a. Where base flood elevation data is provided
through the FIS, FIRM, or required as in TMC Section
16.52.080.C.2, obtain and maintain a record of the actual (as-built)
elevation (in relation to mean sea level) of the lowest floor
(including basement) of all new or substantially improved
structures, and whether or not the structure contains a basement.
b. For all new or substantially improved flood-
proofed nonresidential structures where base flood elevation data
is provided through the FIS, FIRM, or as required in TMC Section
16.52.080.C.2:
(1) Obtain and maintain a record of the
elevation (in relation to mean sea level) to which the structure was
flood-proofed.
(2) Maintain the floodproofing certifications
required in TMC Section 16.52.090.D.3.
c. Certification required by TMC Section
16.52.110.A.1.
d. Records of all variance actions, including
justification for their issuance.
e. Improvement and damage calculations.
f. Maintain for public inspection all records
pertaining to the provisions of this ordinance.
(Ord. 2637 §10, 2020)
16.52.090 Permits
A. A Flood Zone Control Permit (FZCP) shall be obtained
before construction or development begins within any area of
special flood hazard established in TMC Section 16.52.050. The
permit shall be for all structures including manufactured homes, as
set forth in the “Definitions,” and for all development including
clearing, filling, grading, and other activities, also as set forth in the
“Definitions.”
B. Application for an FZCP shall be submitted with the
project application for a clearing and grading permit, shoreline
permit, plat or subdivision permit, or a building permit, whichever
comes first.
C. An FZCP is a Type 1 permit processed pursuant to TMC
Section 18.108.010.
D. Application for an FZCP shall be made on forms
furnished by the City and shall meet the City’s standards for plan
submittals. The applicant must provide the following information:
1. Elevation in relation to mean sea level, of the lowest
floor (including basement) of all structures recorded on a current
elevation certificate with Section B completed by the Floodplain
Administrator;
2. Elevation in relation to mean sea level to which any
structure has been flood-proofed;
3. Where a structure is to be flood-proofed, certification
by a registered professional engineer or architect that the flood-
proofing methods for any nonresidential structure meet flood-
proofing criteria in TMC Section 16.52.100 B.2;
4. Description of the extent to which a watercourse will
be altered or relocated as a result of proposed development;
5. Where development is proposed in a floodway, an
engineering analysis determination of no rise of the Base Flood
Elevation, and
6. Any other such information that may be reasonably
required by the Floodplain Administrator in order to review the
application.
(Ord. 2637 §11, 2020)
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16.52.100 General Standards
A. General Standards. In all areas of special flood
hazards, the following standards are required:
1. Elevation. Where flood elevation data is not
available, either through the FIRM or from another authoritative
source, all new construction and substantial improvements shall
be elevated at least two feet above the highest adjacent grade.
2. Anchoring.
a. All new construction and substantial
improvements, including those related to manufactured homes,
shall be anchored to prevent flotation, collapse, or lateral
movement of the structure resulting from hydrodynamic and
hydrostatic loads, including the effects of buoyancy.
b. All manufactured homes shall be anchored to
prevent flotation, collapse, or lateral movement, and shall be
installed using methods and practices that minimize flood damage.
Anchoring methods may include, but are not limited to, use of over-
the-top or frame ties to ground anchors.
3. Construction Materials and Methods.
a. All new construction and substantial
improvements shall be constructed with materials and utility
equipment resistant to flood damage.
b. All new construction and substantial
improvements shall be constructed using methods and practices
that minimize flood damage.
c. All new construction and substantial
improvements on slopes shall have drainage paths to guide
floodwaters around and away from proposed structures.
d. Electrical, heating, ventilation, plumbing and air-
conditioning equipment and other service facilities shall be
designed and/or otherwise elevated or located so as to prevent
water from entering or accumulating within the components during
conditions of flooding.
4. Storage of Materials and Equipment.
a. The storage or processing of materials that could
be injurious to human, animal, or plant life if released due to
damage from flooding are prohibited in special flood hazard areas.
b. Storage of other material or equipment may be
allowed if not subject to damage by floods and if firmly anchored
to prevent flotation, or if readily removable from the area within the
time available after flood warning.
5. Utilities.
a. All new and replacement water supply systems
shall be designed to minimize or eliminate infiltration of flood
waters into the systems;
b. A proposed water well shall be approved by
Department of Ecology and be located on high ground that is not
in the floodway;
c. New and replacement sanitary sewage systems
shall be designed to minimize or eliminate infiltration of flood
waters into the systems and discharges from the systems into
flood waters; and
d. Onsite waste disposal systems shall be located
to avoid impairment to them or contamination from them during
flooding.
6. Subdivision Proposals and Development. All
subdivisions, as well as new development shall:
a. Be consistent with the need to minimize flood
damage;
b. Have public utilities and facilities – such as
sewer, gas, electrical and water systems – located and
constructed to minimize or eliminate flood damage;
c. Have adequate drainage provided, to reduce
exposure to flood damage; and,
d. Where subdivision proposals and other proposed
developments contain greater than 50 lots or 5 acres (whichever
is the lesser), base flood elevation data shall be included as part
of the application.
B. Specific Standards. In all areas of special flood hazards
where Base Flood Elevation data has been provided as set forth
in TMC Section 16.52.050 or TMC Section 16.52.080.C.2, the
following provisions are required:
1. Residential Construction.
a. New construction and substantial improvement
of any residential structure shall have the lowest floor, including
basement, elevated one foot or more above the Base Flood
Elevation. Mechanical equipment and utilities shall be
waterproofed or elevated one or more feet above the Base Flood
Elevation.
b. Fully enclosed areas below the lowest floor that
are subject to flooding are prohibited, or shall be designed to
automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters. Designs for meeting
this requirement must either be certified by a registered
professional engineer or architect, and must meet or exceed the
following minimum criteria:
(1) A minimum of two openings having a total
net area of not less than one square inch for every square foot of
enclosed area subject to flooding shall be provided.
(2) The bottom of all openings shall be no
higher than one foot above grade.
(3) Openings may be equipped with screens,
louvers, or other coverings or devices provided that they permit
the automatic entry and exit of floodwaters.
2. Nonresidential Construction:
a. New construction and substantial improvement
of any commercial, industrial or other nonresidential structure shall
either have the lowest floor, including basement, elevated one foot
or more above the base flood elevation, or elevated as required
by ASCE 24, whichever is greater, or together with attendant utility
and sanitary facilities, shall:
(1) Be dry flood-proofed so that below one
foot or more above the base flood level the structure is watertight
with walls substantially impermeable to the passage of water or
dry flood-proofed to the elevation required by ASCE 24, whichever
is greater;
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(2) Have structural components capable of
resisting hydrostatic and hydrodynamic loads and effects of
buoyancy; and
(3) Be certified by a registered professional
engineer or architect that the design and methods of construction
are in accordance with accepted standards of practice for meeting
provisions of this subsection based on their development and/or
review of the structural design, specifications and plans. Such
certifications shall be provided to the official as set forth in TMC
Section 16.52.080.C.5.
b. Nonresidential structures that are elevated, not
flood-proofed, must meet the same standards for space below the
lowest floor as described in TMC Section 16.52.100, B.1.b., for
residential construction.
c. The City shall notify applicants who propose to
flood-proof nonresidential buildings that flood insurance premiums
will be based on rates that are one foot below the flood-proofed
level (e.g. a building flood-proofed to the base flood level will be
rated as one foot below). Flood-proofing the building an additional
foot will reduce insurance premiums significantly.
3. Manufactured Homes:
a. All manufactured homes to be placed or
substantially improved on sites, outside of a manufactured home
park or subdivision, in a new manufactured home park or
subdivision, in an expansion to an existing manufactured home
park or subdivision, or in an existing manufactured home park or
subdivision on which a manufactured home has incurred
"substantial damage" as the result of a flood, shall be elevated on
a permanent foundation such that the lowest floor of the
manufactured home is elevated one foot or more above the base
flood elevation and be securely anchored to an adequately-
designed foundation system to resist flotation, collapse and lateral
movement.
b. Manufactured homes to be placed or
substantially improved on sites in an existing manufactured home
park or subdivision that are not subject to the above manufactured
home provisions shall be elevated so that either:
(1) The lowest floor of the manufactured
home is elevated one foot or more above the base flood elevation,
or
(2) The manufactured home chassis is
supported by reinforced piers or other foundation elements of at
least equivalent strength that are no less than 36 inches in height
above grade and be securely anchored to an adequately designed
foundation system to resist flotation, collapse and lateral
movement.
4. Recreational Vehicles. Recreational vehicles placed
on sites are required to either:
a. Be on the site for fewer than 180 consecutive
days;
b. Be fully licensed and ready for highway use, on
its wheels or jacking system, be attached to the site only by quick
disconnect type utilities and security devices, and have no
permanently attached additions; or
c. Meet the requirements for manufactured homes,
including the elevation and anchoring requirements for
manufactured homes.
5. Enclosed Areas Below the Lowest Floor: If buildings
or manufactured homes are constructed or substantially improved
with fully-enclosed areas below the lowest floor, the areas shall be
used solely for parking of vehicles, building access, or storage.
C. Green River. In addition to the general and specific
standards in the section, the following standards apply to all areas
adjacent to the Green River:
1. Construction/Reconstruction of Dikes/Levees: As
part of the flood-proofing for developments adjacent to the Green
River through Tukwila, construction or reconstruction of the
dike/levee system, in accordance with dike/levee plans and
engineering studies, and in accordance with the Green River
Management Agreement (AG No. 85-043), will be required as part
of the plan submittal.
2. If dike/levee improvements are not required, and the
natural riverbank is allowed as bank protection, then a riverbank
stability analysis shall be provided to the Public Works Department
for review as part of the plan submittal.
3. Dedication of levee/dike/riverbank access
construction and maintenance easements on all properties
adjacent to the Green River shall, as part of their development,
dedicate construction and maintenance easements for access and
maintenance of existing or future dikes/levees/riverbanks along
the Green River as part of their plan submittal. These easements
shall be provided in such a manner so that immediate access is
allowed from other public rights-of-way for maintenance and
construction of dikes/levees.
(Ord. 2637 §12, 2020)
16.52.110 Floodways
A. Located within areas of special flood hazard established
in TMC Section 16.52.050 are areas designated as floodways.
Since the floodway is an extremely hazardous area due to the
velocity of floodwaters that can carry debris, and increase erosion
potential, the following provisions apply:
1. No Rise Standard. Prohibit encroachments,
including fill, new construction, substantial improvements, and
other development, unless certification by a registered
professional engineer is provided demonstrating, through
hydrologic and hydraulic analyses performed in accordance with
standard engineering practice, that the proposed encroachment
would not result in any increase in flood levels during the
occurrence of the base flood discharge.
2. Residential Construction in Floodways.
Construction or reconstruction of residential structures is
prohibited within designated floodways, except for: (i) repairs,
reconstruction, or improvements to a structure that do not increase
the ground floor area; and (ii) repairs, reconstruction, or
improvements to a structure, the cost of which does not exceed 50
percent of the market value of the structure either, (a) before the
repair or reconstruction is started, or (b) if the structure has been
damaged, and is being restored, before the damage occurred.
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Any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code
specifications that have been identified by the local code
enforcement official and that are the minimum necessary to assure
safe living conditions, or to structures identified as historic places,
may be excluded in the 50 percent.
3. Substantially Damaged Residences in Floodway.
a. For all substantially damaged residential
structures located in a designated floodway, the Floodplain
Administrator may make a written request that the Department of
Ecology assess the risk of harm to life and property posed by the
specific conditions of the floodway. Based on analysis of depth,
velocity, flood-related erosion, channel migration, debris load
potential, and flood warning capability, the Department of Ecology
may exercise best professional judgment in recommending to the
local permitting authority repair, replacement, or relocation of a
substantially damaged structure consistent with WAC 173-158-
076. The property owner shall be responsible for submitting to the
local government and the Department of Ecology any information
necessary to complete the assessment. Without a favorable
recommendation from the Department for the repair or
replacement of a substantially damaged residential structure
located in the regulatory floodway, no repair or replacement is
allowed per WAC 173-158-070(1).
b. Before the repair, replacement, or reconstruction
is started, all requirements of the NFIP, the state requirements
adopted pursuant to 86.16 RCW, and all applicable local
regulations must be satisfied. In addition, the following conditions
must be met:
(1) There is no potential safe building location
for the replacement residential structure on the same property
outside the regulatory floodway.
(2) A replacement residential structure is a
residential structure built as a substitute for a legally existing
residential structure of equivalent use and size.
(3) Repairs, reconstruction, or replacement of
a residential structure shall not increase the total square footage
of floodway encroachment.
(4) The elevation of the lowest floor of the
substantially damaged or replacement residential structure is a
minimum of one foot higher than the Base Flood Elevation.
(5) New and replacement water supply
systems are designed to eliminate or minimize infiltration of
floodwater into the system.
(6) New and replacement sanitary sewerage
systems are designed and located to eliminate or minimize
infiltration of floodwater into the system and discharge from the
system into the floodwaters.
(7) All other utilities and connections to public
utilities are designed, constructed, and located to eliminate or
minimize flood damage.
B. All Other Building Standards Apply in the Floodway.
If TMC Section 16.52.110.A.1 is satisfied or construction is
allowed pursuant to TMC Section 16.52.110.A.2, all new
construction and substantial improvements shall comply with all
applicable flood hazard reduction provisions of TMC Section
16.52.100.
(Ord. 2637 §13, 2020)
16.52.120 Critical Facility
Construction of new critical facilities shall be, to the extent
possible, located outside the limits of the Special Flood Hazard
Area (SFHA). The Director may permit construction of a new
critical facility within the SFHA if no feasible alternative is available.
Critical facilities constructed within the SFHA shall have the lowest
floor elevated three feet above base flood elevation or elevated to
the 500-year flood elevation, whichever is higher. Flood-proofing
and sealing measures must be taken to ensure that toxic
substances will not be displaced by or released into floodwaters.
Access to and from the critical facility should also be protected to
the height utilized above. Access routes elevated to or above the
level of the base flood elevation shall be provided to all critical
facilities to the extent possible.
(Ord. 2637 §14, 2020)
16.52.125 Compliance
All development within special flood hazard areas is subject
to the terms of this ordinance and other applicable regulations.
(Ord. 2637 §15, 2020)
16.52.130 Penalties
No structure or land shall hereafter be constructed, located,
extended, converted or altered without full compliance with the
terms of this chapter and other applicable regulations. Violations
of the provisions of this chapter by failure to comply with any of its
requirements (including violations of conditions and safeguards
established in connection with conditions) shall constitute a
misdemeanor. Any person who violates this chapter or fails to
comply with any of its requirements shall upon conviction thereof
be fined not more than $1,000, or imprisoned for not more than 90
days, or both, for each violation, and in addition shall pay all costs
and expenses involved in the case. Nothing herein contained shall
prevent the City of Tukwila from taking such other lawful action as
is necessary to prevent or remedy any violation.
(Ord. 2637 §16, 2020)
16.52.140 Abrogation and Greater Restrictions
This chapter is not intended to repeal, abrogate, or impair any
existing easements, covenants or deed restrictions. However,
where this chapter and another ordinance, easement, covenant or
deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
(Ord. 2637 §17, 2020)
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CHAPTER 16.54
GRADING
Sections:
16.54.010 Purpose
16.54.020 Authority
16.54.030 Definitions
16.54.040 Applicability
16.54.050 Permit
16.54.055 Permit Application Requirements
16.54.060 Standards
16.54.065 Seasonal Limitation Period
16.54.070 Supplemental Information
16.54.080 Financial Guarantees
16.54.090 Exceptions
16.54.100 Penalties
16.54.110 Affordable Housing Fee Reductions
16.54.120 Appeals
16.54.010 Purpose
The provisions of TMC Chapter 16.54 shall be liberally
construed to accomplish the following purposes:
1. Prevent damage to life, public and private property,
surface waters, sensitive areas and associated buffers.
2. Regulate grading activities, including excavation, fill,
grading, earthwork construction, and structural preloads.
3. Prevent erosion and control sedimentation.
4. Establish the standards to govern grading activities.
5. Provide for approval and inspection of grading
activities.
6. Prevent and minimize disturbance of native soils and
landscapes, and restore the moisture-holding capacity of
disturbed soils.
(Ord. 2517 §1, 2016; Ord. 2062 §1 (part), 2004)
16.54.020 Authority
A. The Public Works Director shall administer TMC Chapter
16.54. The Director's authority includes the establishment of
regulations and procedures, approval of permits and exceptions,
inspection of work, and enforcement and implementation of
measures necessary to carry out the intent of TMC Chapter 16.54.
B. The Public Works Director may initiate all required ac-
tions to prevent or stop acts or intended acts which the Director
determines to constitute a hazard to life or safety, or endanger
property, or adversely affect the safety, use or stability of a public
or private property or a sensitive area or its buffer.
C. If the Director determines that a person is engaged in
grading activities that do not comply with City code or with ap-
proved permit plans and/or other permit conditions, the Director
may implement any or all of the following enforcement actions:
1. Suspend or revoke without written notice any
grading activity, when the Director determines that activity poses
an immediate danger to life, safety or property.
2. Serve a written notice of violation upon that person
by registered or certified mail or personal service. The notice shall
set forth the measures necessary to achieve compliance, specify
the time to commence and complete corrections, and indicate the
consequences for failure to correct the violation.
3. Suspend or revoke any City approval for grading
activities after written notice is given to the Applicant for any of the
following reasons:
a. Any violation(s) of the permit or the permit
conditions;
b. Construction not in accordance with the ap-
proved plans; or
c. Non-compliance with correction notice(s) or
“Stop Work Order(s)” issued for the construction of temporary or
permanent storm water management facilities.
4. Post a “Stop Work Order” at the site, directing that
all grading activities cease immediately. The “Stop Work Order”
may include any discretionary conditions and standards adopted
in TMC Chapter 16.54 that must be fulfilled before any work may
continue.
(Ord. 2062 §1 (part), 2004)
16.54.030 Definitions
As used in TMC Chapter 16.54, the terms shall be defined as
follows:
1. “Applicant” means any person who has applied for a
grading permit.
2. “Buffer” means the area contiguous to a sensitive
area that is required for the continued maintenance, function and
structural stability of the sensitive area as defined in the
Environmentally Sensitive Areas chapter of the Zoning Code
(TMC Chapter 18.45).
3. “Compaction” means the densification of a fill or of
existing soils by mechanical or other means, whether intentional
or incidental.
4. “Director” means the Public Works Director or
his/her designee, including the City Engineer and Public Works
inspectors.
5. “Erosion” means the wearing away of land surface
by the action of wind, water, gravity, or any combination thereof.
6. “Excavation” means the digging or removal of earth
material, also referred to as a “cut.”
7. “Fill” means a deposit of material placed by artificial
means.
8. “Grade” means the vertical location of the ground
surface.
9. “Grading” means any activity that results in change
of the cover or topography, or any activity that may cause erosion,
including clearing, excavating, filling, and stockpiling associated
with excavating and filling.
10. “Sensitive area” means wetlands, watercourses,
areas of potential geologic instability, abandoned coal mines, and
fish and wildlife habitat areas, per the City's Environmentally
Sensitive Areas chapter of the Zoning Code (TMC Chapter
18.45.).
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11. “Site” means any legally defined section of real
property, whose boundaries are recorded with the King County
Assessor's Office for the purposes of assessing taxes, or a group
of adjoining sections of such real property that are proposed as
the location for grading activities.
12. “Slope” means an inclined surface, the inclination of
which is expressed as a ratio of horizontal distance to vertical
distance.
(Ord. 2517 §2, 2016; Ord. 2062 §1 (part), 2004)
16.54.040 Applicability
A. TMC Chapter 16.54 applies to all grading activities within
the City limits.
B. Flood zone grading, excavation and earthwork con-
struction, including fills and embankments, shall comply with the
requirements of TMC Chapter 16.52.
C. City departments shall comply with all the requirements
of TMC Chapter 16.54, except that they are not required to obtain
permits and approvals from the City for work performed in the
public right-of-way, nor for operation and maintenance activities by
the Department of Parks and Recreation.
(Ord. 2062 §1 (part), 2004)
16.54.050 Permit
A. A permit is required for all grading activities occurring
within the City limits, except the following:
1. Excavation for construction of a structure permitted
under the Buildings and Construction chapter of Title 16 (TMC
Chapter 16.04).
2. Cemetery graves.
3. Refuse disposal sites controlled by other
regulations.
4. Excavations for wells, or trenches for utilities.
5. Mining, quarrying, excavating, processing or
stockpiling rock, sand, gravel, aggregate or clay controlled by
other regulations, provided such operations do not affect the
lateral support of, or significantly increase stresses in, soil on
adjoining properties.
6. Exploratory excavations performed under the
direction of a registered design professional, as long as this
exploratory excavation does not constitute the beginning of
construction of a building prior to obtaining a permit.
7. Gardening and routine landscape maintenance on a
single-family residential lot.
B. Applications for permits pursuant to TMC Chapter 16.54
shall be submitted to the City in the format and manner specified
in TMC Section 16.54.055.
C. An approved grading permit applies to one site. A
separate permit shall be obtained for each site.
D. The City shall collect a nonrefundable permit fee, the
amount set by resolution of the City Council.
(Ord. 2517 §3, 2016; Ord. 2062 §1 (part), 2004)
16.54.055 Permit Application Requirements
A. To obtain a permit, the applicant shall submit an
application on a form provided by or approved by the Director that
shall include, at a minimum:
1. Identification and description of the work to be
covered by the permit.
2. An estimate of the quantities of excavation and fill
involved by volume and by the total area graded in square feet and
as a percentage of the total site area.
3. Identification and description of all sensitive areas on
the site or visible from the boundaries of the site.
4. Plans, reports, and specifications that, at a
minimum, include those items required in IBC Section J104 and:
a. Property boundaries, all existing and proposed
easements and required setbacks;
b. A 1:2000 scale vicinity map with a north arrow;
c. Horizontal and vertical scale;
d. Size and location of existing improvements on
and within 50 feet of the project, indicating which will remain and
which will be removed;
e. Location of all proposed cleared areas;
f. Existing and proposed contours at maximum 2-
foot intervals, extending for 20 feet beyond the project edge, that
provide sufficient detail to identify how grade changes will conform
to the requirements of this code;
g. At least two cross sections, one in each direction,
showing existing and proposed contours and horizontal and
vertical scales; and
h. A proposed erosion and sediment control plan
consistent with TMC Chapter 14.30 and the Surface Water Design
Manual, as adopted and as may be amended from time to time.
B. Materials in addition to those required in TMC Section
16.54.055.A may be necessary for the Director to complete the
review. The following materials shall be submitted when required
by the Director:
1. Higher accuracy contours and more details of
existing terrain and area drainage, limiting dimensions, elevations
or finished contours to be achieved by the grading, and proposed
drainage channels and related construction.
2. If applicable, all drainage plans and documentation
consistent with TMC Chapter 14.30 and the Surface Water Design
Manual, as adopted and as may be amended from time to time.
3. Studies prepared by qualified specialists, as
necessary to substantiate any submitted materials and
compliance with this chapter or other law, particularly if clearing or
grading is proposed to take place in or adjacent to an
environmentally sensitive area.
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C. Plans and specifications shall include permanent
drainage facilities and be prepared by a civil engineer if the project
is:
1. in conjunction with the placement of a structure; or
2. located in steep slope or landslide hazard areas as
defined in the Environmentally Sensitive Areas chapter of the
Zoning Code (TMC Chapter 18.45).
The Director may modify this requirement depending on the
circumstances of the site or the proposed project.
D. The Director shall determine the number of copies of the
required plans, specifications and supporting materials necessary
to perform the review and may require submittal of materials in
alternative formats.
E. The Director may waive specific submittal requirements
if they are determined to be unnecessary for the acceptance and
subsequent review of an application.
(Ord. 2517 §4, 2016)
16.54.060 Standards
A. All grading activities require erosion prevention and
sediment control that prevents, to the maximum extent practicable,
the transport of sediment from the site to drainage facilities, rights-
of-way, water resources, and adjacent properties. Erosion and
sediment controls shall be applied commensurate with the degree
of risk, and as specified by the temporary erosion and sediment
control measures, performance criteria, and implementation
requirements of TMC Chapter 14.30 and the Surface Water
Design Manual.
B. All grading activities shall be undertaken according to the
following mandatory standards:
1. All design and construction shall be performed to
minimize soil disturbance, to minimize compaction where not
required for structural stability, and to maximize erosion prevention
and sediment control.
2. All grading activities shall be consistent with:
a. The standards provided by this chapter.
b. The Buildings and Construction Chapter (TMC
Chapter 16.04), the Zoning Code (TMC Title 18,) and the
International Building Code (“IBC”) Appendix J. Appendix J is
hereby adopted by reference, except as amended in TMC
Sections 16.54.050, 16.54.060 and 16.54.065, and as may be
amended from time to time.
c. The Infrastructure Design and Construction
Standards chapter (TMC Chapter 16.36).
d. The Surface Water Design Manual, as adopted
in accordance with TMC Chapter 14.30 and as may be amended
from time to time.
e. Policies and procedures set forth by the Director.
C. Cuts and fills shall conform to the standards provided in
IBC Section J106, “Excavations,” and J107, “Fills,” except as
modified below or otherwise approved by the Director:
1. Provisions shall be made to:
a. Prevent any surface water or seepage from
damaging the cut face of any excavation or the sloping face of a
fill.
b. Address any surface water that is or might be
concentrating as a result of a fill or excavation to a natural
watercourse in accordance with TMC Chapter 14.30 and the
Surface Water Design Manual.
2. Fill shall be compacted according to the following
standards:
a. Fill greater than 18 inches in depth shall be
engineered and compacted to accommodate the proposed use in
accordance with the applicable standard listed below unless a
notice on title documenting the location of the fill is recorded and
the fill is sufficiently stable so as not to pose a hazard, as follows:
(1) Fill material at the location of a proposed
building or a location not listed in subparagraphs (2) or (3) below
shall be compacted in accordance with IBC Section J107.B.
(2) Fill material at the location of proposed
public infrastructure, such as streets and roads, shall be
compacted in accordance with the Infrastructure Design and
Construction Standards (TMC Chapter 16.36).
(3) Fill material including, but not limited to,
imported soils and compost, at the location of a proposed
stormwater facility or placed as part of earthwork construction of a
stormwater facility, shall be compacted in accordance with the
Surface Water Design Manual and TMC Chapter 14.30.
D. Access roads to grading sites shall be:
1. Maintained and located to the satisfaction of the
Director to minimize problems with dust, mud, and traffic
circulation;
2. Located where the permanent access to the site is
proposed in the permit application to minimize site disturbance;
and
3. Controlled by a gate when required by the Director.
E. Signs warning of hazardous conditions, if determined by
the Director to exist on a particular site, shall be affixed at locations
as required by the Director.
F. Where required by the Director to protect life, limb and
property, fencing shall be installed with lockable gates that must
be closed and locked when no work is being conducted on the site.
The fence shall be no less than six feet in height and the fence
material shall have no opening larger than two inches.
G. Rocks, dirt, mud, vegetation, topsoil, duff layer and any
other materials stripped from, imported onto, used or produced on-
site in the course of grading activities shall not be spilled onto,
stockpiled, or otherwise left on public roadways or on any off-site
property not specifically authorized as a receiving site under a
valid permit.
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H.The duff layer and native topsoil shall be retained in an
undisturbed state to the maximum extent practicable. Any duff
layer or topsoil removed during grading shall be stockpiled to the
maximum extent practicable on-site in a designated, controlled
area not adjacent to public resources or to environmentally
sensitive areas. The material shall be reapplied to other portions
of the site where feasible.
I.The soil moisture holding capacity of the soil shall be
restored as follows:
1.Except as otherwise provided in TMC Section
16.54.060.I.2, areas that have been cleared and graded shall have
the soil moisture-holding capacity restored to that of the original
undisturbed soil native to the site to the maximum extent
practicable. The soil in any area that has been compacted or that
has had some or all of the duff layer or underlying topsoil removed
shall be amended to mitigate for lost moisture-holding capacity.
The amendment shall take place between May 1 and September
30.The topsoil layer shall be a minimum of eight inches thick,
unless the applicant demonstrates that a different thickness will
provide conditions equivalent to the soil moisture-holding capacity
native to the site. The topsoil layer shall have an organic matter
content of between 5% to 10% dry weight and a pH suitable for
the proposed landscape plants. Subsoils below the topsoil layer
should be scarified at least four inches with some incorporation of
the upper material to avoid stratified layers. Compost used to
achieve the required soil organic matter content must meet the
definition of "composted materials" in WAC 173-350-220.
2.This subsection does not apply to areas that will be
covered by an impervious surface at project completion,
incorporated into a drainage facility or engineered as structural fill
or slope.
(Ord. 2517 §5, 2016; Ord. 2062 §1 (part), 2004)
16.54.065 Seasonal Limitation Period
A.An annual period of limitation on site disturbance is
established from October 1 through April 30.
B.During the seasonal limitation period, grading shall only
be permitted if demonstrated to the satisfaction of the Director that
runoff leaving the construction site will comply with the erosion and
sediment control measures, performance criteria and
implementation requirements in the Surface Water Design Manual
and after a review of the following:
1.Site conditions, including, but not limited to,
vegetative coverage, slope, soil type, and proximity to receiving
waters;
2.Proposed limitations on activities and the extent of
disturbed areas; and
3.Proposed erosion and sedimentation control
measures.
C.Based on the information provided under TMC Section
16.54.065.B, the Director may expand or restrict the seasonal
limitation on site disturbance. The Director shall set forth in writing
the basis for approval or denial of clearing or grading during the
seasonal limitation period.
D.During the seasonal limitation period, grading will be
allowed only if there is installation and maintenance of an erosion
and sedimentation control plan approved by the Director that
defines any limits on clearing and grading and specific erosion and
sediment control measures required during the seasonal limitation
period. The department may require or approve alternate best
management practices.
E.If, during the course of construction activity or soil
disturbance during the seasonal limitation period, silt-laden runoff
violating standards in the Surface Water Design Manual leaves the
construction site or if clearing and grading limits or erosion and
sediment control measures shown in the approved plan are not
maintained, a Violation Notice and Order shall be issued in
accordance with TMC Section 8.45.070.
F.If the erosion and sediment control problem defined in the
Violation Notice and Order is not adequately repaired within 24
hours of issuance, then a Stop Work Order may be issued in
accordance with TMC Section 8.45.070 until such time as
adequate erosion and sediment control measures to stop silt-
laden runoff from leaving the site are installed. The Stop Work
Order may also require the property owner or authorized agent to
discontinue any further clearing or grading, except for erosion and
sediment control maintenance and repair, until the following May
1.
G.The following activities are exempt from the seasonal
limitations of this section:
1.Routine maintenance and necessary repair of
erosion and sediment control facilities.
2.Routine maintenance of public facilities or existing
utility structures that do not expose the soil or result in removal of
the vegetative cover to the soil.
3.Activities where there is 100% infiltration of surface
water runoff within the site in approved and installed erosion and
sedimentation control facilities.
4.Typical landscaping activities of existing single-
family residences that do not require a permit.
5.Class I, II III and IV special forest practices in
accordance with Chapter 76.09 RCW.
6.Response to emergencies that threaten the public
health, safety or welfare.
(Ord. 2549 §19, 2017; Ord. 2517 §6, 2016)
16.54.070 Supplemental Information
A.The Director may require supplemental studies,
inspections, or testing by an approved testing agency to be
performed at the owner's expense.
B.The Director may require a Hold Harmless Agreement for
activities in or near a sensitive area, or for a deviation from
standards set forth in TMC 16.54.060.
(Ord. 2062 §1 (part), 2004)
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16.54.080 Financial Guarantees
A.The Director may require a maintenance bond for erosion
prevention and sediment control in the amount of 10% of the total
project cost on projects which clear more than 6,000 square feet
or contain or abut sensitive areas such as, but not limited to, Class
2 or steeper slopes, wetlands, or critical drainage.
B.If the Director determines the nature of any work creates
a hazard to human life or endangers public or private property or
sensitive areas, the Director may require the applicant to file a
Certificate of Insurance. The Director, based on the nature of the
risks involved, shall determine the amount of insurance.
(Ord. 2517 §7, 2016; Ord. 2062 §1 (part), 2004)
16.54.090 Exceptions
The Director may grant a written variance from any re-
quirements of TMC Chapter 16.54 if there are exceptional cir-
cumstances applicable to the site such that strict adherence to
these provisions will not fulfill the intent of TMC Chapter 16.54.
(Ord. 2062 §1 (part), 2004)
16.54.100 Penalties
A.Any violation of any provision, or failure to comply with
any of the requirements of TMC Chapter 16.54, shall be subject to
the terms and conditions of TMC Chapter 8.45, “Enforcement”.
B.The City Attorney shall bring injunctive, declaratory, or
other actions as necessary to ensure compliance with TMC
Chapter 16.54. Any person failing to comply with TMC Chapter
16.54 shall be subject to a civil penalty not to exceed $1,000 for
each violation. Each violation or each day of noncompliance
constitutes a separate violation.
C.A notice in writing shall impose the penalty provided for
in TMC Chapter 16.54 by certified mail, either with return receipt
requested or by personal service, to the person incurring the
notice. The notice shall describe the violation with reasonable
particularity, and order the act or acts constituting the violation or
violations to cease and desist or, in appropriate cases, require
necessary corrective action within a specific and reasonable time.
D.A schedule of penalty fees pursuant to TMC Chapter
16.54 is subject to review by the Tukwila City Council.
(Ord. 2062 §1(part), 2004)
16.54.110 Affordable Housing Fee Reductions
Type C permit fees for the construction of dwelling units may
be reduced by the Public Works Director when requested in writing
by the property owner prior to permit submittal and when all of the
following conditions are met:
1. Fee reduction table.
Unit Size Affordability Target 1 Fee Reduction
2 or more bedrooms 80% 2 40%
2 or more bedrooms 60% 2 60%
Any size 50% 2 80%
1 – Units to be sold or rented to a person or household whose monthly
housing costs, including utilities other than telephone, do not exceed 30%
of the household’s monthly income.
2 – Percentage of King County Median family income adjusted for family
size as reported by the U.S. Department of Housing and Urban
Development.
2.If the project contains a mix of dwelling units that
qualify for fee reduction per the table in subparagraph 1 above and
units that do not qualify due to unit size or expense, the fee
reduction shall be pro-rated to reflect the proportion of low-income
units in the project.
3.If converted to market rate housing within 10 years
of the issuance of the Certificate of Occupancy, the full applicable
permit fees at the time of conversion shall be paid to the City.
4.If the project contains commercial tenant space that
occupies more than 15% of the building, along with dwelling units
that qualify for fee reduction per the table in subparagraph 1
above, the fee reduction shall be pro-rated to reflect the proportion
of the total building square footage occupied by the low-income
units. Commercial spaces that occupy less than 15% of the
building are considered accessory and will not affect the fee
reduction.
(Ord. 2520 §2, 2016)
16.54.120 Appeals
A decision of the Director made in accordance with TMC
Chapter 16.54 shall be considered determinative and final. Any
appeal must be filed in King County Superior Court within 30 days
of the date of issuance of the final determination.
(Ord. 2062 §1(part), 2004)
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CHAPTER 16.60
HISTORIC PRESERVATION
Sections:
16.60.010 Definitions
16.60.020 Landmark Commission
16.60.030 Incorporation of King County Provisions
16.60.040 Historic Resources – Review Process
16.60.050 Redesignation of Existing Landmarks
16.60.010 Definitions
The following words and terms shall, when used in this
chapter, be defined as follows unless a different meaning clearly
appears from the context. The definitions provided below shall be
used in administering this chapter and supersede any definitions
found elsewhere in Title 16. These definitions shall have no
meaning or relevance outside of TMC Chapter 16.60.
1."Alteration" is any construction, demolition, removal,
modification, excavation, restoration or remodeling of a landmark.
2."Building" is a structure created to shelter any form
of human activity, such as a house, barn, church, hotel or similar
structure. Building may refer to a historically related complex,
such as a courthouse and jail or a house and barn.
3."Certificate of appropriateness" is written
authorization issued by the Commission or its designee permitting
an alteration to a significant feature of a designated landmark.
4."Commission" is the Landmark Commission created
by this chapter.
5."Community landmark" is a historic resource that
has been designated pursuant to TMC Chapter 16.60 but which
may be altered or changed without application for or approval of a
Certificate of Appropriateness.
6."Designation" is the act of the Commission
determining that a historic resource meets the criteria established
by this chapter.
7."Designation report" is a report issued by the
Commission after a public hearing setting forth its determination
to designate a landmark and specifying the significant feature or
features thereof.
8."Director" is the director of the City of Tukwila
Department of Community Development or his or her designee.
9."District" is a geographically definable area, urban or
rural, possessing a significant concentration, linkage, or continuity
of sites, buildings, structures, or objects united by past events or
aesthetically by plan or physical development. A district may also
comprise individual elements separated geographically but linked
by association or history.
10."Heritage" is a discipline relating to historic
preservation and archaeology, history, ethnic history, traditional
cultures and folklore.
11."Historic preservation officer" is the King County
Historic Preservation Officer or his or her designee.
12."Historic resource" is a district, site, building,
structure or object significant in national, state or local history,
architecture, archaeology, and culture.
13."Historic resource inventory" is an organized
compilation of information on historic resources considered to be
significant according to the criteria listed in TMC Section
16.60.030 (B). The Historic Resource Inventory is kept on file by
the Historic Preservation Officer and is updated from time to time
to include newly eligible resources and to reflect changes to
resources.
14."Incentives" are such compensation, rights or
privileges or combination thereof, which the City Council or other
local, state or federal public body or agency, by virtue of applicable
present or future legislation, may be authorized to grant to or
obtain for the owner or owners of designated landmarks.
Examples of economic incentives include but are not limited to tax
relief, conditional use permits, rezoning, street vacation, planned
unit development, transfer of development rights, facade
easements, gifts, preferential leasing policies, private or public
grants-in-aid, beneficial placement of public improvements, or
amenities, or the like.
15."Interested person of record" is any individual,
corporation, partnership or association that notifies the
Commission or the City Council in writing of its interest in any
matter before the Commission.
16."Landmark" is a historic resource designated as a
landmark pursuant to TMC Chapter 16.60.
17."Nomination" is a proposal that a historic resource
be designated a landmark.
18."Object" is a material thing of functional, aesthetic,
cultural, historical, or scientific value that may be, by nature or
design, movable yet related to a specific setting or environment.
19."Owner" is a person having a fee simple interest, a
substantial beneficial interest of record or a substantial beneficial
interest known to the Commission in a historic resource. Where
the owner is a public agency or government, that agency shall
specify the person or persons to receive notices under this
chapter.
20."Person" is any individual, partnership, corporation,
group or association.
21."Person in charge" is the person or persons in
possession of a landmark including, but not limited to, a
mortgagee or vendee in possession, an assignee of rents, a
receiver, executor, trustee, lessee, tenant, agent, or any other
person directly or indirectly in control of the landmark.
22."Preliminary determination" is a decision of the
Commission determining that a historic resource that has been
nominated for designation is of significant value and is likely to
satisfy the criteria for designation.
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23."Significant feature" is any element of a landmark the
Commission has designated pursuant to this chapter as of
importance to the historic, architectural or archaeological value of
the landmark.
24."Site" is the location of a significant event, a
prehistoric or historic occupation or activity, or a building or
structure, whether standing, ruined, or vanished, where the
location itself maintains a historical or archaeological value
regardless of the value of any existing structures.
25."Structure" is any functional construction made
usually for purposes other than creating human shelter.
26.“City Council” or “Council” shall refer to the City
Council of the City of Tukwila.
(Ord. 2384 §2, 2012)
16.60.020 Landmark Commission
A.The King County Landmark Commission established
pursuant to King County Code (K.C.C.) Chapter 20.62 is hereby
designated and empowered to act as the Landmark Commission
for the City pursuant to the provisions of this chapter.
B.The Commission shall have the authority to review
nominations and designate any real property within the City of
Tukwila as a landmark and to issue a Certificate of
Appropriateness for any property that has been designated as a
landmark, provided the property owner(s) has provided written
consent to the landmark designation.
C.The special member of the King County Landmark
Commission provided for in K.C.C. Section 20.62.030 shall be
appointed by the Mayor of the City of Tukwila, subject to
confirmation by the City Council. Such special member shall be a
Tukwila resident who has a demonstrated interest in historic
preservation. Such appointment shall be made for a three-year
term. In the event that the special member cannot attend a
required meeting, the chair of the Planning Commission or Vice-
Chair may serve as an alternate Commission member.
D.In the event of a vacancy, an appointment shall be made
to fill the vacancy in the same manner and with the same
qualifications as if at the beginning of the term, and the person
appointed to fill the vacancy shall hold the position for the
remainder of the unexpired term.
E.The Commission shall not conduct any public hearings
required under this chapter with respect to properties located
within the City of Tukwila until the Commission’s rules and
regulations, including procedures consistent with this chapter,
have been filed with the Tukwila City Clerk. All meetings of the
Commission shall be open to the public. All public hearings to
consider a landmark designation within the City of Tukwila shall be
held within the City of Tukwila.
F.The Commission shall file its rules and regulations,
including procedures consistent with this ordinance, with the
Tukwila City Clerk.
(Ord. 2433 §1, 2014; Ord. 2384 §3, 2012)
16.60.030 Incorporation of King County Provisions
The following sections of King County Code (K.C.C.) Chapter
20.62 are hereby adopted and are incorporated by reference
herein and made a part of this chapter the same as though they
were set forth herein:
A. K.C.C. Section 20.62.030 – “Landmark Commission created – membership and organization.”
B. K.C.C. Section 20.62.040 – “Designation criteria,”
except Paragraph A is amended to read as follows:
A.Real property owned by the City of Tukwila may be
designated as a City of Tukwila landmark if it is more than 40 years
old or, in the case of a landmark district, contains resources that
are more than 40 years old, and possesses integrity of location,
design, setting, materials, workmanship, feeling and association,
and:
1.Is associated with events that have made a
significant contribution to the broad patterns of national, state or
local history; or
2.Is associated with the lives of persons significant
in national, state or local history; or
3.Embodies the distinctive characteristics of a type,
period, style or method of design or construction, or that
represents a significant and distinguishable entity whose
components may lack individual distinction; or
4.Has yielded, or may be likely to yield, information
important in prehistory or history; or
5.Is an outstanding work of a designer or builder
who has made a substantial contribution to the art.
C.K.C.C. Section 20.62.050 – “Nomination procedure,”
except paragraphs E and F are added to read as follows:
E.The Tukwila City Council shall first issue a Notice to
Proceed before any property owned by the City of Tukwila is
considered by the Historic Preservation Officer. The Notice to
Proceed shall be a discretionary, legislative act. A Notice to
Proceed may be approved by the City Council via a resolution or
motion. No public hearing is required when considering a Notice
to Proceed; however, this shall not preclude the City Council from
allowing public testimony. A Notice to Proceed may be placed on
the regular City Council consent agenda for action.
F.As part of the consideration of a Notice to Proceed,
a fiscally responsible person or entities shall be identified. The
fiscally responsible person or entities shall be responsible for
compensating the City for any charges incurred on the City by King
County related to King County’s assistance in the nomination
process. The City shall pay the charges for any Tukwila-based
501(c)(3) organization. The fiscally responsible person or entities
(except for Tukwila-based 501(c)(3) organizations) shall also pay
to the City an overhead charge of 3% above those charges that
are incurred by King County.
D.K.C.C. Section 20.62.070 – “Designation procedure,”
except all references to “King County” within this section are changed to read “City of Tukwila”.
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E. K.C.C. Section 20.62.080 – “Certificate of Appropriateness procedure,” except paragraph E is added to
read as follows:
E.The applicant who submitted an application for a
Certificate of Appropriateness, or other willing fiscally responsible
party, shall be responsible for payment of all fees associated with
King County’s review of the Certificate of Appropriateness
application, plus a 3% overhead fee for City staff time. All fees
shall be paid directly to the City of Tukwila, which shall then
reimburse King County for their time as specified in the interlocal
agreement between the City and the County. In the case of a
Tukwila-based 501(c)(3) organization, the City shall pay all
charges and no overhead fee shall be assessed.
F. K.C.C. Section 20.62.100 – “Evaluation of economic impact.”
G. K.C.C. Section 20.62.110 – “Appeal procedure,” except paragraph A is amended to read as follows:
A.Any person aggrieved by a decision of the
Commission designating or rejecting a nomination for designation
of a landmark or issuing or denying a Certificate of
Appropriateness may, within 35 calendar days of mailing of notice
of such designation or rejection of nomination, or of such issuance
or denial or approval of a Certificate of Appropriateness, appeal
such decision in writing to the City Council. The written notice of
appeal shall be filed with the Tukwila City Clerk and shall be
accompanied by a statement setting forth the grounds for the
appeal, supporting documents, and argument. The appellant shall
pay an appeal fee of $250 to the City of Tukwila, which shall be
provided to the City within the time frame for filing appeals
established by this paragraph. Failure to provide the required fee
shall constitute a failure to file a timely appeal. An appeal which
is not timely filed shall be dismissed by the City Council.
H. K.C.C. Section 20.62.120 – “Funding.”
I.K.C.C. Section 20.62.140 – “Special valuation for
historic properties.”
(Ord. 2384 §4, 2012)
16.60.040 Historic Resources – Review Process
The official responsible for the issuance of building and
related permits shall promptly refer applications for permits that
affect inventoried historic buildings, structures, objects, sites,
districts, or archaeological sites to the King County Historic
Preservation Officer (HPO) for review and comment. For the
purposes of this section, “affect” shall be defined as an application
for change to the site of the inventoried property, whether through
new construction, alterations or excavation. Inventoried properties
are those that are listed in the King County Historic Resource
Inventory. The responsible official shall seek and take into
consideration the comments of the HPO regarding mitigation of
any adverse effects affecting historic buildings, structures, objects,
sites, or districts.
(Ord. 2384 §5, 2012)
16.60.050 Redesignation of Existing Landmarks
All King County landmarks designated pursuant to the
provisions of King County Code Chapter 20.62 that are located
within the boundaries of the City of Tukwila shall be subject to the
provisions of this ordinance and considered City of Tukwila
landmarks.
(Ord. 2384 §6, 2012)
Figure 16-1 “Fee Schedule”
Exhibit B
CITY OF TUKWILA
FIRE IMPACT FEE SCHEDULE (2025)
FIRE
Impact Fee
RESIDENTIAL – per dwelling unit
(a)Single family $ 2,402
(d)with fire sprinkler system installed $ 2,258
(b)Multi-family $ 2,767
COMMERCIAL/NON-RESIDENTIAL
- per 1,000 square feet of development
(c)Retail $ 2,691
(c)Office $ 1,050
(c)Industrial/Manufacturing $ 225
(a)Attached accessory dwelling units are exempt from impact fees.
(b)A structure with more than two dwelling units.
(c)See the more detailed land use descriptions in the Land Use Categories
document.
(d)6% discount for single family units with fire sprinkler system installed
representing the portion of all incidents that were fire only–as opposed to
emergency medical incidents. Per Section 16.26.120.B.9. of the Tukwila
Municipal Code, “A fee payer installing a residential fire sprinkler system in a
single-family home shall not be required to pay the fire operations portion of the
impact fee.”
Produced by the City of Tukwila, City Clerk’s Office Page 16–61
Last updated - Ord. 2734 §2, 2024
Figure 16-1 “Fee Schedule”
Exhibit B
CITY OF TUKWILA
PARKS IMPACT FEE SCHEDULE (2025)
PARKS
Impact Fee
RESIDENTIAL – per dwelling unit
(a)Single family $ 3,835
(b)Multi-family $ 3,341
COMMERCIAL/NON-RESIDENTIAL
- per 1,000 square feet of development
(c)Retail $ 1,754
(c)Office $ 1,581
(d)K-12 Educational Facilities $ 317
(c)Industrial/Manufacturing $ 877
(a)Attached accessory dwelling units are exempt from impact fees.
(b)A structure with more than two dwelling units.
(c)See the more detailed land use descriptions in the Land Use Categories document.
(d)80% discount for K-12 educational facilities.
Produced by the City of Tukwila, City Clerk’s Office Page 16–62
Last Updated - Ord. 2735 §2, 2024)