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HomeMy WebLinkAboutFS 2013-06-04 COMPLETE AGENDA PACKETW" City of Tukwila Finance and Safety Committee O Dennis Robertson, Chair O Verna Seal O De'Sean Quinn AGENDA TUESDAY, JUNE 4, 2013 — 5:30 PM CONFERENCE Room #3 (at east entrance of City Hall) Distribution: D. Robertson V. Seal D. Quinn K. Hougardy Mayor Haggerton D. Cline P. McCarthy C. O'Flaherty S. Kerslake K. Matej L. Humphrey D. Tomaso Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. 2012 fire code, fire sprinkler and fire alarm ordinances. a. Forward to 6/10 C.O.W. Pg.1 Don Tomaso, Fire Marshal and 6/17 Regular Mtg. b. Fireworks permit for July 4 event at Starfire Sports b. Forward to 6/17 Consent Pg.37 complex. Agenda. Don Tomaso, Fire Marshal c. Council policy on electronic devices. c. Discussion. Pg.49 Dennis Robertson, Committee Chair 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Tuesday, June 18, 2013 16. The City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206 - 433 -1800 or (TukwilaCityClerk @TukwilaWA.gov) for assistance. p TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee FROM: Chris Flores, Acting Fire Chief BY: Don Tomaso, Fire Marshal DATE: May 20, 2013 SUBJECT: 2012 Fire Code, Fire Sprinkler and Fire Alarm adoption ISSUE The adoption of the 2012 International Fire Code is required to be completed by July 1, 2013 as per the direction of the State Legislator and State Building Code Council. Additionally staff has updated the fire sprinkler and fire alarm ordinances to reflect current standards and interpretations. BACKGROUND Staff has taken time to incorporate clarifications and changes to improve customer service and life safety for all three -fire code related ordinances. Staff has been allowed to proceed with this format for the last several code adoption cycles and has received positive feedback from our customers on this process. Customers appreciate the fact that we are responsive to their input. ANALYSIS Staff has made minor modifications to the adopting ordinances to correct chapter and or section changes that occurred within the 2012 fire code. Additionally, we have added language to ensure that we have adequate emergency service response capability concerning automated entry gates and traffic calming devices. The Planning Department also provided updated zoning classifications for of above ground storage tank. This has been included within these adoption requests. Staff would like to adopt a fire department operational permit fee for temporary or short — term events. These would typically be vendors from one to three consecutive days and would apply to open flame and liquid propane that are required for cooking operations. The fee proposed is $25.00 for these short-term events and aligns with the Cities Strategic Plan on customer service. This proposed fee will not fully cover staff time conducting these inspections on an individual basis; often during these events we have multiple vendors requiring these permits and would be inspecting more than one and the total should recover staff cost. The Parks Department is supportive of this short — term permit fee proposal as it would aid in attracting additional vendors to City sponsored events. The Fire Sprinkler Ordinance, which was adopted in 2010, was updated based on conversations with the City Attorney, resulted in correcting language related to the 500 square foot sprinkler threshold and residential fire sprinklers. The remaining changes are clarifications for designers and contractors. We request one additional requirement this year in regards to fire sprinklers. This is to add the requirement for Washington State Licensed Adult Family Homes to be equipped with a 13 -D fire sprinkler system. This request is based on the vulnerability of the population that resides within these adult family homes. Many residents within Adult Family Homes have difficulty with self — evacuation from the residence and are at a higher risk to succumb to smoke inhalation. I request direction from Council if they would agree to make this a 1 2 INFORMATIONAL MEMO Page 2 retroactive requirement for Adult Family Homes within the City. The current average cost for a residential fire sprinkler system installed within the City has been between $1.48 per square foot. Typical costs for a retro installation can add between $.50 to $.75 per square foot to the cost depending on the structure type and water supply piping. This method of fire protection can provide this vulnerable population with improved chances of survival in a fire situation with furnishings of higher heat release rates that are common in today's residential settings, when compared to waiting for the fire department arrival to rescue and extinguish the fire. The Fire Alarm Ordinance was updated correcting language related based on conversations with the City Attorney, regarding the 500 square foot change in the Fire Sprinkler Ordinance. Staff added some clarifying language to aid designers and contractors with interpretations and installation guidelines. One addition staff is making is the requirement for attic heat detection. If the attic heat detection activates due to excessive heat buildup during hot weather the owner shall be required to have additional attic ventilation installed to correct the heat buildup condition. FINANCIAL IMPACT None RECOMMENDATION The Council is being asked to approve the Ordinances, and consider this item at the June 10, 2013 Committee of the Whole meeting and subsequent June 17, 2013 Regular Meeting. ATTACHMENTS Draft Fire Code Ordinance Draft Fire Sprinkler Ordinance Draft Fire Alarm Ordinance W:12013 Info Memos - Council \Fire Code InfoMemo.doc RAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NOS. 2290 AND 2331, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 16.16; REENACTING TUKWILA MUNICIPAL CODE CHAPTER 16.16, "INTERNATIONAL FIRE CODE," TO ADOPT THE 2012 EDITION OF THE INTERNATIONAL FIRE CODE AND APPENDICES WITH CERTAIN EXCEPTIONS AND AMENDMENTS TO APPLY WITHIN THE CITY OF TUKWILA; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council desires to protect the health, welfare and safety of Tukwila citizens by keeping current with the most recent fire code requirements; and WHEREAS, to achieve this end, the City Council has determined to update its current fire prevention and protection regulations by adopting the 2012 Edition of the International Fire Code and appendices; and WHEREAS, the City Council desires to utilize its personnel resources in the most efficient manner, and increased demands have reduced the time available to complete inspections in a timely manner; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Tukwila Municipal Code (TMC) Chapter 16.16 is hereby reenacted to read as follows: CHAPTER 16.16 INTERNATIONAL FIRE CODE Sections: 16.16.010 Adoption of the International Fire Code 16.16.020 Enforcement 16.16.030 Definitions 16.16.040 Establishment of Limits of Districts in which Storage of Flammable or Combustible Liquids in Outside Aboveground Tanks is to be Prohibited W: Word Processing \Ordinances\Adopt Intl Fire Code -re -enact TMC 16.16 5 -28 -13 DT:bjs Page 1 of 10 3 16.16.050 Establishment of Limits in which Bulk Storage of Liquefied Petroleum Gases is to be Restricted 16.16.060 Establishment of Limits of Districts in which Storage of Explosives and Blasting Agents is to be Prohibited 16.16.070 Amendments to the International Fire Code 16.16.080 Fees 16.16.085 Exceptions 16.16.090 Appeals 16.16.100 New Materials, Processes or Occupancies which may Require Permits 16.16.110 Violations — Penalties 16.16.120 Conflicts with Existing Codes and Ordinances Section 2. TMC Section 16.16.010 is hereby reenacted to read as follows: 16.16.010 Adoption of the International Fire Code Pursuant to RCW 35.21.180, that certain code of technical regulations known as the International Fire Code and Appendices B, C and D, except Section D -107 is not adopted (20092012 Edition), and any amendments thereto published by the Western Fire Chiefs Association and the International Conference of Building Officials, is hereby adopted by this reference as if fully set forth, subject to the modifications and amendments set forth in TMC Chapter 16.16. One copy of said Fire Code shall be maintained on file in the office of the City Clerk for public use and inspection. Section 3. TMC Section 16.16.020 is hereby reenacted to read as follows: 16.16.020 Enforcement A. The International Fire Code shall be enforced by the Fire Prevention Bureau in the Fire Department of the City, which is operated under the supervision of the Chief of the Fire Department. B. There shall be a Fire Marshal in charge of the Fire Prevention Bureau who shall be appointed by the Chief of the Fire Department on the basis of an examination to determine his qualifications. Section 4. TMC Section 16.16.030 is hereby reenacted to read as follows: 16.16.030 Definitions A. Wherever the word "jurisdiction" is used in the International Fire Code, it means the area within the city limits of the City of Tukwila, Washington. B. Wherever the words "Fire Code Official" are used in the International Fire Code, they mean the Fire Marshal in charge of fire prevention. W: Word Processing \Ordinances\Adopt Int'I Fire Code -re -enact TMC 16.16 5 -28 -13 DT:bjs 4 Page 2 of 10 Section 5. TMC Section 16.16.040 is hereby reenacted to read as follows: 16.16.040 Establishment of Limits of Districts in which Storage of Flammable or Combustible Liquids in Outside Aboveground Tanks is to be Prohibited The storage of flammable or combustible liquids in outside aboveground storage tanks is prohibited within the City, except as conditioned below: 1. Aboveground storage tanks shall meet the requirements of Chapter34 57 of the International Fire Code. 2. Tanks containing Class I, II or III -A liquids shall not exceed 12,000 gallons individual or 24,000 gallons aggregate. 3. Installation of aboveground tanks shall be subject to berming and screening as required by the Public Works and Planning Departments respectively. 4. Installation of aboveground tanks shall be limited to MIC, HI, LI or CLI zones. Section 6. TMC Section 16.16.050 is hereby reenacted to read as follows: 16.16.050 Establishment of Limits in which Bulk Storage of Liquefied Petroleum Gases is to be Restricted The limits referred to in Chapter38 61, Section3804.2 6104.2 of the International Fire Code, in which storage of liquefied petroleum gas is restricted, shall apply throughout the City. NFPA 58 shall be used as the installation guide for all propane systems. Section 7. TMC Section 16.16.060 is hereby reenacted to read as follows: 16.16.060 Establishment of Limits of Districts in which Storage of Explosives and Blasting Agents is to be Prohibited The limits referred to in Chapter33 56, Section3304 5601.3 of the International Fire Code, in which storage of explosives and blasting agents is prohibited, shall apply throughout the City. Section 8. TMC Section 16.16.070 is hereby reenacted to read as follows: 16.16.070 Amendments to the International Fire Code A. Portable fire extinguishers shall be installed in all occupancies. No exceptions will be allowed. B. Adequate ground ladder access shall be provided to all rescue windows above the first story. Landscape a flat, 12 -foot deep by 4 -foot wide area below each required rescue window. W: Word Processing \Ordinances\Adopt Int'I Fire Code -re -enact TMC 16.16 5 -28 -13 DT:bjs Page 3 of 10 5 C. Traffic calming devices. Traffic calming devices shall be prohibited unless approved by the fire code official. GD. Section 503 of the International Fire Code (20092012 Edition) adopted by this chapter is hereby amended to read as follows: Section 503.2 1. General. Fire apparatus access roads shall be provided and maintained in accordance with the provisions of this section. 2. Definitions. The following definitions shall apply in the interpretation and enforcement of this section: a. "Fire apparatus access road(s)" means that area within any public right -of -way, easement, or private property designated for the purpose of permitting fire trucks and other firefighting or emergency equipment to use, travel upon and park. b. "Park," "parking," "stop," "stand" or "standing" means the halting of a vehicle, other than an emergency vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or fire official or traffic signal or sign. c. "Vehicle" means a machine propelled by power, other than human power, designed to travel along the ground or rail, by the use of wheels, treads, runners or slides, and shall include, without limitation, truck, automobile, trailer, motorcycle, tractor, buggy, wagon and locomotive. 3. Requirements — Standards a. When required by the Fire Department, hard - surfaced fire apparatus access road(s) shall be provided around facilities which, by their size, location, design or contents warrant access which exceeds that normally provided by the proximity of city streets. b. Fire apparatus access road(s) shall be required when any portion of an exterior wall of the first story is located more than 150 feet from Fire Department vehicle access. 4. Surface. Fire apparatus access road(s) shall be either asphalt or reinforced concrete, a minimum two inches thick, or when specifically authorized by the Fire Department, compacted crushed rock or other alternate surfaces may be used. Fire apparatus access roads shall be designed and maintained to support the imposed Toads of fire apparatus. 5. Width. The minimum unobstructed width of a fire apparatus access road shall not be less than 20 feet. 6. Aerial Apparatus Access Roads. Aerial apparatus access roads shall not be less than 26 feet in width. 7. Vertical clearance. All fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet, 6 inches. W: Word Processing \Ordinances\Adopt Int'I Fire Code -re -enact TMC 16.16 5 -28 -13 DT:bjs 6 Page 4 of 10 Exceptions: a. When conditions prevent the installation of an approved fire apparatus access road, the Fire Marshal may permit the installation of a fire protection system or systems in lieu of a road. b. When there are not more than two Group R, Division 3 or Group U occupancies, the requirements of this section may be modified provided that, in the opinion of the Fire Marshal, firefighting or rescue operations would not be impaired. c. Clearances or widths required by this section may be increased when, in the opinion of the Fire Marshal, clearances or widths are not adequate to provide fire apparatus access. 8. Turning Radius. The turning radius of a fire apparatus access road shall be approved by the Fire Marshal. 9. Turnarounds. All dead -end apparatus access roads in excess of 150 feet shall be provided with approved provisions for the turning around of fire apparatus. 10. Bridges. When a bridge is required to be used as access under this section, it shall be constructed and maintained in accordance with the applicable sections of the International Building Code or other regulations adopted by the City and shall use designed live loading sufficient to carry the imposed Toads of fire apparatus. 11. Grade. The gradient for a fire apparatus access road shall not exceed 15% with a cross slope no greater than 5 %. 12. Obstruction. The required width of any fire apparatus access road shall not be obstructed in any manner, including the parking of vehicles. Minimum required widths and clearances established under this section shall be maintained at all times. 13. sMarkings: a. When required, approved signs or other approved notices shall be provided and maintained for fire apparatus access roads to identify such roads and prohibit the obstruction thereof or both. b. Fire apparatus access roads shall be identified by painting the curb yellow and a 4- inch -wide line and block letters 18 inches high, painted in the lane, at 50- foot intervals, stating, "FIRE LANE NO PARKING," color to be bright yellow, or by the posting of signs stating, "FIRE LANE NO PARKING," and painting the curb. Signs shall be posted on or immediately next to the curb line or on the building. Signs shall be 12 inches by 18 inches and shall have letters and background of contrasting color, readily readable from at least a 50 -foot distance. Signs shall be spaced not further than 50 feet apart, nor shall they be more than four feet from the ground. c. Residential fire apparatus access roads shall be marked with signs described in (b) above; no striping or painting shall be required. 14. Parking Prohibited. Except when necessary to avoid conflict with other traffic, or in compliance with the direction of a police or fire official, or traffic control sign, signal or device, no person shall stop, stand or park a vehicle, whether occupied or not at any place where official fire lane signs are posted, except: W: Word Processing \Ordinances\Adopt Int'I Fire Code -re -enact TMC 16.16 5 -28 -13 DT:bjs Page 5 of 10 7 a. Momentarily to pick up or discharge a passenger or passengers, or b. Temporarily for the purpose of and while actually engaged in loading property. 15. Fire Apparatus Road(s) as part of Driveways and /or Parking Areas. The Fire Department may require that areas specified for use as driveways or private thoroughfares shall not be used for parking. These areas, when specified, shall be marked or identified by one of the two means detailed in TMC Section 16.16.070C.13.b or TMC Section 16.16.070C.13.c. 16. Existing Buildings. When the Fire Department determines that a hazard, due to inaccessibility of fire apparatus, exists around existing buildings, they may require fire apparatus access road(s) to be constructed and maintained. 17. 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. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200. 18. Secured gates and barricades. When required, gates and barricades shall be secured in an approved manner. Roads, trails and other accessways that have been closed and obstructed in the manner prescribed by Section 503.5 shall not be trespassed on or used unless authorized by the owner and fire code official. 19. Security gates. The installation of security gates across a fire apparatus access road shall be approved by the Fire Marshal. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200. Electric operated gates shall have a remote opening device installed for emergency services. 1-720. Enforcement. It shall be the duty of the Tukwila Fire Marshal and /or the authorized designee(s) to enforce Subsection 503.2. 1821. Violation — Penalty. A. Any person violating any of the provisions of Section 503.2 shall be guilty of a misdemeanor and, upon conviction, shall result in a fine of not more than$7-5-80 $100.00 or by imprisonment for not more than 30 days, or by both such fine and imprisonment. B. Fire lane parking violations shall be considered a non - traffic civil infraction subject to the fine listed in the bail schedule in TMC Section 16.16.080.D. W: Word Processing \Ordinances\Adopt Intl Fire Code -re -enact TMC 16.16 5 -28 -13 DT:bjs 8 Page 6 of 10 Section 9. TMC Section 16.16.080 is hereby reenacted to read as follows: 16.16.080 Fees A. Permit Fees. A fee of $100.00 shall be charged for each permit required by the International Fire Code. B. Short Term Permit Fees. A fee of $25.00 shall be charged for each permit required by the International Fire Code for Liquid Propane or Open Flame permit for food vendors for events not to exceed three consecutive days in duration. -BC. Plan review fees for alternative fire protection systems are as follows: Commercial: For 1 -5 devices /heads: Base fee = $100.00 Commercial: For 6 or more devices /heads: Base fee = $200.00 + $1.50 per device /head in excess of 10 Resubmittal: Fee = $200.00 SD. Re- inspection Fees: 1. Re- inspection Fees for New Construction and Tenant Improvements. When an inspection is requested for new construction, tenant improvements or spot inspections, and then, upon arrival, the Fire Inspector finds that the work is not complete, not ready for inspection, or does not comply with fire code requirements, a follow -up inspection will be required, and a re- inspection fee of $100.00 will be assessed. 2. Re- inspection Fees for Company Level Inspections. A re- inspection fee of $60.00 will be assessed when, on the follow -up inspection 30 days after the initial company level inspection, the inspector finds that the violations have not been corrected. A re- inspection fee of $85.00 will be assessed when, on a second follow -up inspection, the inspectors find that the violations have not been corrected. A re- inspection fee of $110.00 will be assessed when, on a third follow -up inspection, the inspector finds that the violations have not been corrected. A re- inspection fee of $135.00 will be assessed when, on a fourth and subsequent follow -up inspections, the inspector finds that the violations have not been corrected. 3. Exceptions. Any exception to the items covered by this ordinance shall be made by the Chief of the department or by the Fire Marshal. Requests for exceptions must be made in writing; exceptions granted or denied shall be in writing. W: Word Processing \Ordinances\Adopt Intl Fire Code -re -enact TMC 16.16 5 -28 -13 DT:bjs Page 7 of 10 9 DE. Penalties. The following penalties shall apply to these violations of the Fire Code: IFC Section Offense Bail 109.23.2 Non - compliance with orders and notices $5,000.00 109.23.4 Unlawful removal of a tag $5,000.00 111.1 Unlawful continuance of a hazard $5,000.00 111.4 Non - compliance with a Stop Work Order $5,000.00 503.4 Illegal parking on fire apparatus access roads $75-00$100.00 609.3.3 Failure to: Clean commercial kitchen hoods $500.00 901.6.1 Failure to: Maintain fire protection systems $500.00 901.7 Failure to: Conduct a required fire watch $500.00 904.11.6 Failure to: Maintain commercial cooking extinguishing systems $500.00 1003.6 Failure to: Maintain means of egress continuity $250.00 TMC Section 16.40.110 Failure to: Provide required UL central station monitoring $500.00 €F. Other Violations. Bail for all other violations is$450,00 $250.00 plus court costs. Fines are forfeitable on the first offense and mandatory appearance is required on second offense. €G. False Alarms: 1. False alarms shall not be given, signaled or transmitted or caused or permitted to be given, signaled or transmitted in any manner. False alarms, in excess of two per year, shall be fined under the following schedule: a. First false alarm no fine, warning b. Second false alarm no fine, warning c. Third false alarm $25.00$75.00 fine d. Fourth and subsequent false alarms $50 0$125.00 fine 2. The number of false alarms shall be calculated by calendar year beginning January 1 and ending December 31. Section 10. TMC Section 16.16.085 is hereby reenacted to read as follows: 16.16.085 Exceptions. Any exception to the items covered by this ordinance shall be made by the Chief of the department or by the Fire Marshal. Requests for exceptions must be made in writing; exceptions granted or denied shall be in writing. Section 11. TMC Section 16.16.090 is hereby reenacted to read as follows: W: Word Processing \Ordinances\Adopt Int'I Fire Code -re -enact TMC 16.16 5 -28 -13 DT:bjs 10 Page 8 of 10 16.16.090 Appeals. Whenever the Fire Marshal disapproves an application or refuses to grant a permit applied for, the applicant may appeal the decision to the Board of Appeals established in Section 108 of the International Fire Code within 30 days from the date of the Fire Marshal's decision(s). Section 108 shall be amended to read: Disputes regarding interpretation of code provisions shall be settled by the International Fire Code Institute. When deemed appropriate, the Fire Marshal will request a formal, written interpretation from the Institute. Section 12. TMC Section 16.16.100 is hereby reenacted to read as follows: 16.16.100 New Materials, Processes or Occupancies which may Require Permits. The Planning Director, the Fire Chief and the Fire Marshal of the Fire Prevention Bureau shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies for which permits are required, in addition to those now encumbered in said code. The Fire Marshal of the Fire Prevention Bureau shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons. Section 13. TMC Section 16.16.110 is hereby reenacted to read as follows: 16.16.110 Violations — Penalties. Any person who shall violate any of the provisions of TMC Chapter 16.16, except as noted in TMC Section 16.16.110.B., or of the International Fire Code or appendices adopted by TMC Chapter 16.16, or who shall fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Fire Marshal or by a court of competent jurisdiction within the time fixed therein, shall be guilty of a gross misdemeanor, and upon conviction thereof, shall be punished by a fine in an amount not to exceed $5,000.00, as outlined in TMC Section 16.16.080, or imprisonment for a term not to exceed one year or by both such fine and imprisonment. 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. B. Fire lane parking violations shall be considered a non - traffic civil infraction subject to the fine listed in the bail schedule in TMC Section 16.16.080.D. W: Word Processing \OrdinancesWdopt Int'I Fire Code -re -enact TMC 16.16 5 -28 -13 DT:bjs Page 9 of 10 11 Section 14. TMC Section 16.16.120 is hereby reenacted to read as follows: 16.16.120 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. Section 15. Repealer. Ordinance Nos. 2290 and 2331 are hereby repealed. Section 16. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 17. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 18. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force on July 1, 2013, after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances\Adopt Intl Fire Code -re -enact TMC 16.16 5 -28 -13 DT:bjs 12 Page 10 of 10 R = FT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2327, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 16.42; REENACTING TUKWILA MUNICIPAL CODE CHAPTER 16.42, "SPRINKLER SYSTEMS," TO UPDATE REGULATIONS REGARDING FIRE PROTECTION SYSTEMS IN NEW AND EXISTING BUILDINGS WITHIN THE CITY OF TUKWILA; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council desires to provide a safe living and working environment in the City of Tukwila; and WHEREAS, the City Council desires to provide the highest degree of life safety for its citizens; and WHEREAS, it has been determined that fire protection systems facilitate a safe working environment and provide a high degree of life safety; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Tukwila Municipal Code (TMC) Chapter 16.42 is hereby reenacted to read as follows: 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 W: Word Processing \Ordinances \Sprinkler systems -re -enact TMC 16.42 5 -28 -13 DT:bjs Page 1 of 9 13 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 Appeals Section 2. TMC Section 16.42.010 is hereby reenacted to read as follows: 16.42.010 Required. An automatic sprinkler system shall be required as outlined in this chapter. Section 3. TMC Section 16.42.020 is hereby reenacted to read as follows: 16.42.020 References The following references shall be used in the design, installation and maintenance of sprinkler systems within the City of Tukwila; if there is a conflict between the codes, the one offering the greatest degree of fire protection shall apply. References are to the current editions, unless otherwise noted. NFPA 13 Installation of Sprinkler Systems NFPA 13D Residential Sprinkler Systems NFPA 14 Standpipe and Hose Systems NFPA 15 Water Spray Fixed Systems NFPA 24 Private Fire Service Mains and Their Appurtenances NFPA 25 Inspection, Testing and Maintenance of Water -Based Fire Protection Systems NFPA 88A Parking Structures IFC International Fire Code IBC International Building Code RCW 18.160 Washington State Sprinkler Contractor Law WAC 51 -51 -60105 Appendix R WAC 51 -51 -60107 Appendix S Section 4. TMC Section 16.42.030 is hereby reenacted to read as follows: 16.42.030 Definitions A. "Approved" refers to the approval of the Tukwila Fire Department. B. "Automatic sprinkler system" is an integrated system of underground and overhead piping designed in accordance with fire protection engineering standards. The installation includes one or more automatic water supplies. The portion of the sprinkler system aboveground is a network of specially sized or hydraulically designed piping installed in a building, structure or area, generally overhead, and to which W: Word Processing \Ordinances \Sprinkler systems -re -enact TMC 16.42 5 -28 -13 DT:bjs 14 Page 2 of 9 sprinklers are attached in a systematic pattern. The valve controlling each system riser is located in the system riser or its supply piping. Each sprinkler system riser includes a device for actuating an alarm when the system is in operation. The system is usually activated by heat from a fire and discharges water over the fire area. C. "Listed" refers to equipment or materials indicated in a list published by an organization acceptable to the authority having jurisdiction and concerned with product evaluation, that maintains periodic inspection of production of listed equipment or materials, and whose listing states either that the equipment or material meets appropriate standards or has been tested and found suitable for use in a specific manner. D. "Resubmittal" means any plan that requires subsequent review. Section 5. TMC Section 16.42.040 is hereby reenacted to read as follows: 16.42.040 Approval and Design Plans A. All new sprinkler systems and all modifications to sprinkler systems involving more than 50 heads shall have the written approval of Factory Mutual or any fire protection engineer licensed by the State of Washington and approved by the Fire Marshal. Exception: The Tukwila Fire Prevention Bureau reserves the right to require pre - approval, by one of the agencies listed above, for any modification to a hydraulically- designed system regardless of the size of the job. B. All sprinkler drawings shall be prepared by persons meeting the requirements of RCW 18.160. C. At least three complete sets of blueprint drawings with information regarding the automatic sprinkler system as identified in NFPA 13, Sections 6 -1, 6 -2 and 6 -3, and at least one civil engineering blueprint showing the underground installation from water - main tap to base riser, shall be submitted to the Tukwila Fire Prevention Bureau for approval prior to installation or modification of any equipment. One set of approved plans shall be located at the job site. D. Drawings submitted for approval must include a completed Fire Protection Systems Permit Application and a floor layout drawn to scale, no smaller than 1/8 -inch scale, showing all rooms and spaces with accurate measurements. Drawings shall include the building permit number. E. As- builts shall be provided prior to system acceptance and final approval, if any modifications not shown on the original plans have been done to the system. W: Word Processing \Ordinances \Sprinkler systems -re -enact TMC 16.42 5 -28 -13 DT:bjs Page 3 of 9 15 F. The installer shall perform all required acceptance tests (as identified in NFPA 13) in the presence of a representative of the Tukwila Fire Prevention Bureau. The installer shall complete the contractor's material and test certificate(s) and forward the certificates to the Tukwila Fire Prevention Bureau prior to asking for approval of the installation. G. After the sprinkler plans have been approved by the Tukwila Fire Prevention Bureau, a job number will be issued to begin work. The plan review fees are as follows: Commercial: For 1 -5 heads: Base fee = $100.00 Commercial: For 6 or more heads: Base fee = $200.00 + $1.50 per sprinkler head in excess of 10 Single- family: Base fee = $50.00 + $1.50 per sprinkler head in excess of 10 Resubmittal: Fee = $200.00 Section 6. TMC Section 16.42.050 is hereby reenacted to read as follows: 16.42.050 Where Required A. A fully automatic sprinkler system designed, installed and tested per NFPA 13 shall be installed in all new buildings 500 square feet or greater in total floor area. B. Without regard to exceptions to the sprinkler system requirements as set forth in this section, a fully automatic sprinkler system, per TMC Section 16.42.050A, may be required by the Chief of the Fire Department and the Fire Marshal for new and existing buildings _ _ - _ I! .. _ - -- e - __ _ . when, in their judgment, any of the following conditions exist: 1. Hazardous operations. 2. Hazardous contents. 3. Critical exposure problems. 4. Limited accessibility to the building. 5. Inadequate waterflow availability. -e- - — eet- — e • defined in the IBC) having three or more floor levels or containing 5 or more dwelling units. e. Sprinklers are required in Group A occupancies (as defined in the IBC) such as feet- -- isa C. Fire walls, fire barriers, or vertical or horizontal fire barriers as noted in Section 705.1 of the International Building Code shall not be considered to separate a building to enable deletion of a required automatic sprinkler system. W: Word Processing \Ordinances \Sprinkler systems -re -enact TMC 16.42 5 -28 -13 DT:bjs 16 Page 4 of 9 F. Single family residences that have between 500 and 1,000 GPM fire flow availability. G-_Single family residences that exceed minimum distance requirements to a hydrant may at the discretion of the Fire Marshal or Chief, be allowed to install a sprinkler system in lieu of a hydrant. HD. An approved automatic fire sprinkler system shall be installed in new one - family and two- family dwellings and townhouses in accordance with Appendix R (WAC 51 -51- 60105) and Appendix S (WAC 51 -51- 60107). E. Occupancies defined by the State of Washington as Adult Family Homes shall be equipped with a fire sprinkler system as specified in TMC Section 16.42.050.D. Section 7. TMC Section 16.42.060 is hereby reenacted to read as follows: 16.42.060 Standpipes A. When standpipes are required, they shall be Class III Wet. Exception: In unheated structures, the standpipe may be dry. B. Buildings over four stories shall have in the stair tower, adjacent to the standpipe, beginning on the third floor and alternating every other floor, in hose cabinets, 150 feet of 1 -3/4" double jacket hose with 1 -1/2" NST hose couplings. The hose lengths shall be connected and bundled together. The cabinet shall be labeled "FIRE DEPARTMENT USE ONLY." Section 8. TMC Section 16.42.070 is hereby reenacted to read as follows: 16.42.070 General Requirements A. Sprinkler installations and modifications shall be done by companies licensed by the State of Washington to perform this type of work. B. The automatic sprinkler system for new warehouses shall have a minimum design density of .39 gallons /5,600 square feet, plus an allowance of 1,000 GPM for in- rack fire sprinklers and hose allowance. C. All other occupancies shall be a minimum design density of ordinary hazard Group I unless otherwise provided for in this ordinance. D. On all hydraulically- designed sprinkler systems, the velocity of water in the overhead pipe shall not exceed 32 feet per second. The velocity of water in the underground pipe shall not exceed 16 feet per second. W: Word Processing \Ordinances \Sprinkler systems -re -enact TMC 16.42 5 -28 -13 DT:bjs Page 5 of 9 17 E. Hydraulic calculations shall be provided by the contractor for calculated systems; the contractor shall, upon request, provide calculations for pipe schedule systems. F. Calculated sprinkler systems shall be designed with a 10 psi cushion for low reservoir conditions. G. Automatic sprinkler systems and all other fire suppression systems shall be monitored by a City of Tukwila- approved UL central station. This shall include all water control valves, tamper devices, pressure supervision and waterflow switches. In buildings having a fire alarm /detection system, the sprinkler system shall be tied to the fire alarm system (last zone[s]). H. Permanent, all- weather sprinkler riser zone maps shall be installed at the fire department connection and riser. I. All exterior components of sprinkler systems shall be painted red, either Safety Red - Rustoleum #7564 or Farwest Paint #253 (mandarin red). This includes: post indicator valves /outside stem and yoke valves, wall indicating valves, fire department connections, and water motor gong. Post Indicator Valves (PIV's) and Fire Department Connections (FDC's) shall have the building address served by the PIV or FDC stenciled vertically in 3- inch -high white numbers facing the direction of vehicular access. J. The fire department connection shall have a downward angle bend of 30 degrees, with a 5 -inch Knox locking Storz fitting. K. A manual fire alarm system shall be installed in all new sprinklered buildings. Visual and audible devices shall be installed per TMC Chapter 16.40, "Fire Alarms." L. Maintain a four -foot clear space around the sprinkler riser(s) for emergency access. M. Fire sprinkler systems with interior OS & Y valves shall have the sprinkler riser painted red (Safety Red - Rustoleum #7564 or Farwest Paint #253 (mandarin red) to the first "90 degree elbow" or "Tee" at the ceiling level. A 6" white reflective stripe shall be installed around the circumference of the pipe 8 feet to 10 feet below the "elbow" or "Tee." Section 9. TMC Section 16.42.080 is hereby reenacted to read as follows: 16.42.080 Special Requirements A. All hotel /motel occupancies shall be sprinklered a minimum ordinary hazard Group I density throughout; no omissions are allowed. Sprinkler spacing in the guest rooms may be Light Hazard. W: Word Processing \Ordinances \Sprinkler systems -re -enact TMC 16.42 5 -28 -13 DT:bjs 18 Page 6 of 9 B. Each new commercial /industrial or multi - family building shall have its own indicating control valve on the exterior or outside away from the building. Each floor of a multi -story building shall have sectional control valves and water flow switches. C. Multi- family dwelling sprinkler systems shall be designed Minimum Light Hazard; no omissions are allowed. D. All sprinkler system control valves shall be electronically supervised against tampering. E. When a sprinkler system is required for a one- or two- family dwelling, sprinkler protection shall be extended to attached garages. Section 10. TMC Section 16.42.090 is hereby reenacted to read as follows: 16.42.090 Existing Buildings A. Existing fully sprinklered buildings, when remodeled or added on to, shall retain the feature of being sprinklered in the remodeled or added -on portion. B. If, by increasing usable or habitable square footage of an existing building, the resulting total structure falls within the coverage of TMC Section 16.42.050A, the entire structure shall be fully sprinklered. This provision does not apply to single - family residences. Section 11. TMC Section 16.42.100 is hereby reenacted to read as follows: 16.42.100 Maintenance A. A satisfactory contract covering the maintenance, operation and efficiency of the sprinkler system shall be provided by the building /property owner or his agent. The contract shall provide for inspections, tests and maintenance as specified in NFPA 25 and manufacturer's instructions. The building /property owner or his agent shall be responsible for the maintenance of the sprinkler system. B. Regular maintenance by a Washington State licensed sprinkler contractor shall be done in accordance with NFPA 25. If the sprinkler system is connected to a fire alarm system, the contractor shall coordinate with the fire alarm maintenance company for any work involving the fire alarm system or control panel. C. The Tukwila Fire Department shall be notified immediately of any impairment of the sprinkler system. The owner shall be responsible for the repair of the system, and shall maintain a 24 -hour fire watch until the system is returned to normal condition. High hazard operation may be suspended until the sprinkler system is back in normal condition. W: Word Processing \Ordinances \Sprinkler systems -re -enact TMC 16.42 5 -28 -13 DT:bjs Page 7 of 9 19 Section 12. TMC Section 16.42.110 is hereby reenacted to read as follows: 16.42.110 Re- inspection Fees for New Construction, Tenant Improvements and Spot Inspections When an inspection is requested for new construction, tenant improvements or spot inspections and then, upon arrival, the Fire Inspector finds that the work is not complete, not ready for inspection, or does not comply with fire code requirements, a follow -up inspection will be required, and a re- inspection fee of $100.00 will be assessed. Section 13. TMC Section 16.42.120 is hereby reenacted to read as follows: 16.42.120 Exceptions Any exception to the items covered by this chapter shall be made by the Chief of the Fire Department or by the Fire Marshal. Requests for exception must be made in writing; exceptions granted or denied shall be in writing. Section 14. TMC Section 16.42.130 is hereby reenacted to read as follows: 16.42.130 Penalties Any person violating the provisions of TMC Chapter 16.42, the International Fire Code or appendices adopted by TMC Chapter 16.16, or who shall fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Fire Marshal or by a court of competent jurisdiction within the time fixed therein, shall be guilty of a gross misdemeanor, and upon conviction thereof, shall be punished by a fine in an amount not to exceed $5,000.00, as outlined in TMC Section 16.16.080, or imprisonment for a term not to exceed one year or by both such fine and imprisonment. 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. Section 15. TMC Section 16.42.140 is hereby reenacted to read as follows: 16.42.140 Permit Expiration Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Fire Marshal is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause shall be demonstrated. W: Word Processing \Ordinances \Sprinkler systems -re -enact TMC 16.42 5 -28 -13 DT:bjs 20 Page 8of9 Section 16. TMC Section 16.42.150 is hereby reenacted to read as follows: 16.42.150 Appeals Whenever the Fire Marshal disapproves an application or refuses to grant a permit applied for, the applicant may appeal the decision to the Board of Appeals established in Section 108 of the International Fire Code within 30 days from the date of the Fire Marshal's decision(s). Section 108 shall be amended to read: Disputes regarding interpretation of code provisions shall be settled by the International Fire Code Institute. When deemed appropriate, the Fire Marshal will request a formal, written interpretation from the Institute. Section 17. Repealer. Ordinance No. 2327 is hereby repealed. Section 18. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 19. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 20. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Sprinkler systems -re -enact TMC 16.42 5 -28 -13 DT:bjs Page 9 of 9 21 22 FT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2328, AS CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 16.40; REENACTING TUKWILA MUNICIPAL CODE CHAPTER 16.40, "FIRE ALARM SYSTEMS," TO UPDATE REGULATIONS REGARDING AUTOMATIC FIRE ALARM SYSTEMS IN NEW AND EXISTING BUILDINGS WITHIN THE CITY OF TUKWILA; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council desires to provide a safe living and working environment in the City of Tukwila; and WHEREAS, the City Council desires to provide the highest degree of life safety for its citizens; and WHEREAS, it has been determined that automatic fire alarm systems facilitate a safe working environment and provide a high degree of life safety; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Tukwila Municipal Code (TMC) Chapter 16.40 is hereby reenacted to read as follows: 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 W: Word Processing \Ordinances \Fire alarm systems -re -enact TMC 16.40 5 -28 -13 DT:bjs Page 1 of 14 23 16.40.090 Maintenance 16.40.100 Applicability 16.40.110 Monitoring 16.40.120 Special Requirements. 16.40.130 Re- inspection 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 Section 2. TMC Section 16.40.010 is hereby reenacted to read as follows: 16.40.010 Required An automatic fire alarm system shall be installed in all new structures less than 1-07000500 square feet total floor area. Exceptions are noted in TMC Section 16.40.140. Section 3. TMC Section 16.40.020 is hereby reenacted to read as follows: 16.40.020 References The following references shall be used in the design, installation and maintenance of fire alarm systems within the City of Tukwila; if there is a conflict between the codes, the code that provides the greatest degree of fire protection shall apply. References are to the current editions, unless otherwise noted. NFPA 70 National Electrical Code NFPA 72 Protective Signaling Systems NFPA 88A Parking Structures IFC International Fire Code IBC International Building Code WAC 51 -34 Washington Fire Code RCW 19.27 State Building Code Act RCW 19.28 Electrical Code and Ordinances Section 4. TMC Section 16.40.030 is hereby reenacted to read as follows: 16.40.030 Definitions A. "Addressable device" means a fire alarm system component with discreet identification that can have its status individually identified or that is used to individually control other functions. B. "Alarm indicating device" is any listed bell, buzzer, visual or audible device that produces an alarm signal for fire. W: Word Processing \Ordinances \Fire alarm systems -re -enact TMC 16.40 5 -28 -13 DT:bjs 24 Page 2 of 14 C. "Alarm initiating device" is any listed device which, when activated, initiates an alarm by manual or automatic operation of an electrical contact through an alarm indicating device. D. "Alarm signal" is any listed audible or visual signal, or both, indicating the existence of an emergency fire condition. E. "Analog initiating device" (sensor) is an initiating device that transmits a signal indicating varying degrees of condition, as contrasted with a conventional initiating device that can only indicate an on /off condition. F. "Annunciator" is any listed equipment that indicates the zone or area of the building from which an alarm has been initiated, the location of an alarm actuating device, or the operation condition of alarm circuits or the system. G. "Approved" refers to the approval of the Tukwila Fire Department. H. "Authority having jurisdiction" refers to the Tukwila Fire Department. I. "Automatic fire alarm system" is a combination of listed compatible devices, control panels, audible and visual devices and other equipment, together with the necessary electrical energy, designed and wired to produce an alarm in the event of fire or special system activation. J. "Alarm /control panel" is comprised of the controls, relays, switches and associated circuits necessary to furnish power to a fire alarm system, receive signals from fire alarm devices and transmit them to indicating devices and accessory equipment. K. "Compatibility listed" means a specific listing process that applies only to two -wire devices (such as smoke detectors) designed to operate with certain control equipment. L. "Compatible" means equipment that interfaces mechanically or electrically together as manufactured, without field modification. M. "Fire alarm control panel" is a system component that receives input from automatic and manual fire alarm devices and may supply power to detection devices and transponder(s) or off - premises transmitter(s). The control unit may also provide transfer of power to the notification appliances and transfer of condition to relays or devices connected to the control unit. The fire alarm control unit can be a local fire alarm control unit or master control unit. N. "Listed" means equipment or materials indicated in a list published by an organization acceptable to the authority having jurisdiction and concerned with product evaluation, that maintains periodic inspection of production of listed equipment or materials, and whose listing states either that the equipment or material meets W: Word Processing \Ordinances \Fire alarm systems -re -enact TMC 16.40 5 -28 -13 DT:bjs Page 3 of 14 25 appropriate standards or has been tested and found suitable for use in a specified manner. O. "Line -type detector" is a device in which detection is continuous along a path. Typical examples are rate -of -rise pneumatic tubing detectors, projected beam smoke detectors, and heat - sensitive detectors. P. "Maintenance" refers to repair service, including periodic recurrent inspections and tests per manufacturer's specifications and NFPA 72, required to keep the protective signaling system (automatic fire alarm system) and its component parts in an operative condition at all times, together with the replacement of the system or its components when —for any reason —they become undependable or inoperative. Q. "Shall" indicates a mandatory requirement. R. "Should" indicates a recommendation or that which is advised but not required. S. "Spacing" means a horizontally measured dimension relating to the allowable coverage of fire detectors. T. "Transmitter" refers to any listed transmitter able to transmit and /or receive status changes automatically or manually from a listed alarm panel to an approved central station via leased telephone lines. U. "UL central station" refers to a UL- listed central station approved to monitor automatic fire alarm systems with the City of Tukwila. V. "Zone" means each building or portion of building, as determined by the authority having jurisdiction. W. "Resubmittal" means any set of plans that requires subsequent review. Section 5. TMC Section 16.40.040 is hereby reenacted to read as follows: 16.40.040 Approval and Design Plans A. At least three complete sets of blueprint drawings with information regarding the fire alarm system, including detailed specifications, wiring, diagrams, elevation diagram (showing false ceiling areas), and floor plans, shall be submitted to the Tukwila Fire Prevention Bureau for approval prior to installation of any equipment or wiring. (One set of approved plans shall be located at the construction site.) B. Drawings submitted for approval must include the following: 1. A completed Fire Protection System Permit Application. W: Word Processing \Ordinances \Fire alarm systems -re -enact TMC 16.40 5 -28 -13 DT:bjs 26 Page 4 of 14 2. Floor layout showing all rooms and spaces, including a cross section of the space being protected, with accurate measurements drawn to a scale no smaller than 1/8 -inch scale. 3. Identification of each room or space, i.e. guest rooms, mechanical room, attic, etc. 4. Location of each system component using the appropriate symbol. 5. Explanatory notes and legend to lend clarity to the plan and identify the manufacturer and model number of each alarm component used. 6. A wiring schematic clarifying type and size of wiring (must comply with NFPA 70), and a point -to -point wiring diagram. 7. Zoning, if applicable. 8. A copy of the technical specifications for each component used in the makeup of the automatic fire alarm system. If the components are not all from the same manufacturer, UL cross listing compatibility cards are required. 9. The current used by each of the initiating and indication devices and current rating of the power supply. 10. Battery and voltage drop calculations for compatibility. 11. Building permit number. 12. Total number of devices being installed. C. After the fire alarm plans have been approved by the Tukwila Fire Prevention Bureau, a job number will be issued to begin work. The plan review fees are as follows: Commercial: For 1 -5 devices: Base fee = $100.00. Commercial: For 6 or more devices: Base fee = $200.00 + $1.50 per device in excess of 10 devices. Single- family: Base fee = $50.00 + $1.50 per device in excess of 10 devices. Resubmittal: Fee = $200.00 Section 6. TMC Section 16.40.050 is hereby reenacted to read as follows: 16.40.050 General Requirements A. All companies installing automatic fire alarm systems shall have a State electrical contractor's license. B. All persons installing automatic fire alarm systems shall hold a State low voltage installer's certificate or journeyman electrician certificate per RCW 19.28.041. An apprentice certificate is acceptable for installers when supervised by a certified journeyman per RCW 19.28.4. W: Word Processing \Ordinances \Fire alarm systems -re -enact TMC 16.40 5 -28 -13 DT:bjs Page 5 of 14 27 C. A City of Tukwila electrical permit shall be posted at all automatic fire alarm system installations per TMC Section 16.04.020. D. All equipment, devices, and wiring shall be listed by Underwriters Laboratories or Factory Mutual and shall be approved for the purpose which they are intended. No one shall perform any type of modification to any device that would void its UUFM listing. E. If determined necessary by the authority having jurisdiction, control panels shall have sufficient auxiliary power outlets for automatic door closures, relay boards for elevator control, HVAC detectors, air pressurization, and all other auxiliary devices. They shall also have sufficient power for four -wire smoke detectors, remote LED indicating lights and duct detectors with relays. F. Remote alarm annunciation /indication is required at the main entrance if the control panel is not visible from the main entrance. The height of the annunciator /control panel shall be 48 to 60 inches above grade /floor. G. When the control panel is located inside a room, the outside of the door shall have a sign in one -inch letters that reads "Fire Alarm" or "Fire Alarm Control." H. A rechargeable battery backup is required on any automatic fire alarm system installation. There shall be enough battery capacity at all times to run the alarm system in standby for 24 hours and, after that time, sound all alerting devices for at least five minutes. A 15% safety factor shall be provided in all voltage drop calculations. At the end of the battery life cycle, batteries shall be replaced. I. Audible devices shall be placed in buildings and be so located that, with all intervening doors closed, the alarm device shall be heard at not less than 15 decibels above the ambient noise levels; sleeping areas shall be a minimum of 75 decibels. Visible alarms shall be placed throughout the building in all assembly areas; common use areas, including toilet rooms and bathing facilities; hallways and lobbies; hotel guest rooms and rooms 130 square feet or larger regardless of use. J. Whenever possible, the control panel shall be located in a heated main corridor or a heated main lobby. When the control panel is located inside a room, the room shall be heated, and kept at an ambient temperature between 40° and 100 °F. The outside of the door shall have a sign in one -inch letters that reads "Fire Alarm" or "Fire Alarm Control." AT NO TIME SHALL THE CONTROL PANEL BE LOCATED IN AN EXTERIOR LOCATION. K. All new alarm systems shall be addressable. Each device shall have its own address and shall annunciate individual addresses at a UL central station. L. When requested by the fire code official, the owner of a building equipped with a fire alarm system shall provide as -built fire alarm drawings to ensure adequate fire alarm system power is available. W: Word Processing \Ordinances \Fire alarm systems -re -enact TMC 16.40 5 -28 -13 DT:bjs 28 Page 6 of 14 Section 7. TMC Section 16.40.060 is hereby reenacted to read as follows: 16.40.060 Alarm /Control Panel Requirements A. A light shall indicate that the system is receiving normal power. A failure of normal power shall cause the light to go out and an audible signal to sound. B. All batteries shall have an automatic rate charger to maintain standby batteries in a fully charged condition. C. A power transfer circuit shall be installed that will switch to standby power automatically and instantaneously if normal power fails. D. All alarm signals shall be automatically "locked in" at the alarm panel until their operated devices are returned to normal condition, and the alarm panel is manually reset. E. The fire alarm panel shall be reset only by authorized personnel of the Tukwila Fire Department. F. The reset code for the fire alarm panel or keypad shall be 1- 2- 3 -4 -5. The reset code shall not be changed without the approval of the Fire Marshal. The reset code should be permanently posted at the keypad. G. The supervised relay boards that control elevator recall, air pressurization and all other auxiliary functions shall stay "locked in," even though the audible signaling circuits have been silenced, until the panel has been reset and returned to normal. H. For systems employing water flow detection devices, manual pull stations shall be distributed throughout the building. Audible and visible alarms shall be placed in all common -use areas. I. All trouble and supervisory indication for Post Indicating Valves, Wall Indicating Valves, and Outside Stem and Yoke Valves shall be addressed as individual address points on a zone isolated from waterflow indication, for trouble /supervisory only. J. All fire alarm panels /keypads shall have alarm silence capability. Section 8. TMC Section 16.40.070 is hereby reenacted to read as follows: 16.40.070 Placement and Type of Detector A. All detectors shall be installed and spaced according to the manufacturer's instructions and NFPA 72. The Tukwila Fire Prevention Bureau may require additional detectors or decreased spacing. W: Word Processing \Ordinances \Fire alarm systems -re -enact TMC 16.40 5 -28 -13 DT:bjs Page 7 of 14 29 B. At least one of the following types of detectors shall be placed in all rooms, halls, storage areas, basements, attics, lofts, spaces above suspended ceilings, storage lockers, closets, electrical rooms, machine equipment rooms, shafts, crawl spaces and stairwells: smoke, rate -of -rise, fixed - temperature, photobeam, flame, rate - compensation, or line -type. Access shall be provided to the attics and crawl spaces for maintenance of the detectors. C. All detectors placed above the ceiling shall have remote indicating lights in the ceiling directly below the device or other means of indication as approved by the Fire Prevention Bureau. D. All rate -of -rise and fixed - temperature heat detectors shall have replacement links or be self- restoring for testing purposes. E. Smoke detectors shall be the preferred detector type in all areas. When conditions are such that smoke detectors are not practical, other type(s) of detectors shall be installed as approved by the Tukwila Fire Prevention Bureau. F. Non - sprinklered multi - family dwelling units that exit through a common interior exit corridor shall have a system heat detector installed within 2.5 feet of the interior exit door from the unit. Section 9. TMC Section 16.40.080 is hereby reenacted to read as follows: 16.40.080 Acceptance Testing A. Upon completion of a system installation, a satisfactory test of the entire installation shall be made by the contractor's representative in the presence of a member of the Tukwila Fire Prevention Bureau and shall comply with the procedures contained in NFPA 72 and the manufacturer's specifications. The use of a decibel meter will be employed to determine minimum sound levels during acceptance testing. Final approval is contingent upon a successful performance test: B. A condition of final acceptance of the fire alarm system shall be the receipt of a completed contractor's Material and Test Certificate —Fire Alarm and Automatic Detection Systems, to the effect that the system has been installed in accordance with approved plans and tested in accordance with the manufacturer's specifications and appropriate NFPA requirements. The completed installation certificate shall be returned to the Tukwila Fire Prevention Bureau, prior to the acceptance test. C. As- builts shall be provided prior to system acceptance and final approval if any modifications not shown on the original plans have been done to the system. W: Word Processing \Ordinances \Fire alarm systems -re -enact TMC 16.40 5 -28 -13 DT:bjs 30 Page 8 of 14 Section 10. TMC Section 16.40.090 is hereby reenacted to read as follows: 16.40.090 Maintenance A. A satisfactory contract covering the maintenance, operation and efficiency of the system shall be provided by the building /property owner or his agent. The contract shall provide for inspections, tests and maintenance as specified in NFPA 72 and manufacturer's instructions. The building /property owner or his agent shall be responsible for the maintenance of the automatic fire alarm system with the following provisions: 1. The renter or lessee shall notify the building /property owner or his agent of the need of any suspected maintenance or malfunction of the system. 2. The building /property owner or his agent shall assume no liability in the event any unauthorized person, renter or lessee tampers with, attempts to repair or damages any part of the automatic fire alarm system so as to render it inoperative. Provided, however, the building /property owner and his agent shall be liable in the event either of them become aware of tampering or efforts to repair or damage the system, and they thereafter fail to restore the system within a reasonable period of time so that it functions in accord with the standards provided for in TMC Chapter 16.40. B. A copy of inspection, test, and maintenance records shall be forwarded to the Tukwila Fire Prevention Bureau. C. The automatic fire alarm system shall be maintained in operative condition at all times. D. Battery- powered detectors in existing buildings shall have new batteries installed in accordance with the manufacturer's specifications, and shall be tested at least annually by the building owner or the building owner's representative. Documentation of the testing and applicable repairs shall be sent to the fire department. E. Inspections, maintenance and testing of fire alarm systems shall be performed by personnel with qualifications acceptable to the Tukwila Fire Prevention Bureau. F. Attic heat detectors that activate by excessive heat buildup during hot weather shall have additional attic ventilation installed to correct the heat buildup condition. Section 11. TMC Section 16.40.100 is hereby reenacted to read as follows: 16.40.100 Applicability A. Automatic fire alarm systems shall be installed in the following occupancies: 1. Hotels. 2. Motels. 3. Multi- family dwellings (with more than 4 units): See TMC Section 16.40.120.B, "Special Requirements." W: Word Processing \Ordinances \Fire alarm systems -re -enact TMC 16.40 5 -28 -13 DT:bjs Page 9 of 14 31 4. All other new commercial /industrial buildings under 500 square feet unless fully protected by an automatic sprinkler system. 5. When sold, existing commercial and industrial buildings that are not protected by an automatic sprinkler system. Exceptions: a. Any structure 400 square feet or less in total usable floor area. b. Single- family residential structures. 6. When sold, existing commercial /industrial buildings equipped with an existing fire alarm system shall upgrade to current fire alarm ordinance requirements. 7. When sold, commercial /industrial buildings that are protected by an automatic sprinkler system shall install a manual fire alarm system. 8. When sold, existing hotel /motel occupancies that are not protected by an automatic sprinkler system shall install a fire alarm system throughout. The guest rooms shall comply with TMC Section 16.40.120.A. 9. When sold, multi - family dwellings that are protected by an automatic sprinkler system shall install a fire alarm system complying with TMC Section 16.40.120.B. Exception: Multi- family dwellings of four units or less. 10. When sold, multi - family dwellings that are not protected by an automatic sprinkler system shall install smoke detectors in sleeping areas, in accordance with the International Building Code. Common areas and exit corridors shall be protected by detectors and manual pull stations monitored by a UL central station. Audibility shall meet the requirements of NFPA 72. Exception: Multi- family dwellings of four units or less. 11. Any building or portion of a building which, due to the nature of its occupancy, is required by the International Fire Code or other nationally- recognized standard to have an automatic fire alarm system. 12. Any building or portion of a building which, due to the nature of its occupancy, is determined by the Chief to be a special hazard or have a high life safety need. 13. A manual fire alarm system shall be installed in all new sprinklered buildings. Visual and audible devices shall be installed per TMC Section 16.40.050.1. B. For items 5, 6, 7, 8, 9 and 10 of TMC Section 16.40.100, the installation of an automatic fire alarm system shall be completed within 120 days from the date of notification by the Tukwila Fire Department. W: Word Processing \Ordinances\Fire alarm systems -re -enact TMC 16.40 5 -28 -13 DT:bjs 32 Page 10 of 14 Section 12. TMC Section 16.40.110 is hereby reenacted to read as follows: 16.40.110 Monitoring The following fire alarm systems are required to be monitored by a City of Tukwila - approved UL central station. 1. All new automatic and manual systems as required by TMC Section 16.40.100, or required by any other code or standard. 2. All existing fire alarm systems. 3. All fire alarm systems installed by the occupant/owner that are optional in commercial, industrial and multi - family occupancies. 4. Smoke detectors that are installed in lieu of a one -hour corridor requirement. 5. HVAC units that are required to have duct detectors and that serve more than one occupancy or serve an area open to the public. 6. City of Tukwila- approved UL central stations that fail to maintain their UL listing shall be prohibited from monitoring fire alarm systems within the City of Tukwila. Section 13. TMC Section 16.40.120 is hereby reenacted to read as follows: 16.40.120 Special Requirements A. The guest room smoke detectors and bathroom heat detectors of hotel /motel occupancies shall annunciate at a panel located at or near the front desk. These detectors will not transmit an alarm to the UL central station. The alarm panel, located at or near the front desk, shall be monitored 24 hours a day by the hotel /motel staff. B. Multi- family dwellings and lodging houses fully protected by an automatic sprinkler system shall have detectors installed in accordance with the International Building Code. Common areas and exit corridors shall be protected by detectors and manual pull stations, monitored by a UL central station. C. Multi- family dwellings and lodging houses shall have audible /visual devices throughout the unit. Bedrooms shall have a 110 candela wall- mounted horn /strobe within 16 feet of the pillow or a 177 candela ceiling- mounted horn /strobe. Audibility shall be a minimum of 75 decibels at the pillow. The bathroom shall have an appropriately rated strobe only. D. When monitoring of an existing system is lost for any reason, a fire watch must be posted during non - business hours. The fire watch person shall call the recorded fire prevention phone line at two -hour intervals confirming the all -clear status of the building. In the event of a fire emergency the fire watch shall call 911 immediately to report the fire emergency. W: Word Processing \Ordinances \Fire alarm systems -re -enact TMC 16.40 5 -28 -13 DT:bjs Page 11 of 14 33 E. Duct detectors shall send a supervisory signal only and shall not cause an alarm. F. Approved Knox key boxes shall be provided for access to alarm panels and sprinkler risers. G. An exterior horn or bell /strobe shall be installed outside all buildings /tenant spaces that have a fire alarm system. H. A 110 candela horn /strobe shall be installed above the kitchen suppression system's manual pull station. Section 14. TMC Section 16.40.130 is hereby reenacted to read as follows: 16.40.130 Re- inspection Fees for New Construction, Tenant Improvements, and Spot Inspections When an inspection is requested for new construction, tenant improvements or spot inspections and then, upon arrival, the Fire Inspector finds that the work is not complete, not ready for inspection, or does not comply with fire code requirements, a follow -up inspection will be required, and a re- inspection fee of $100.00 will be assessed. Section 15. TMC Section 16.40.140 is hereby reenacted to read as follows: 16.40.140 Exceptions Any exception to the items covered by TMC Chapter 16.40 shall be made by the Chief of the Fire Department, or by the Fire Marshal. Request for exception must be made in writing; exceptions granted or denied shall be in writing. Section 16. TMC Section 16.40.150 is hereby reenacted to read as follows: 16.40.150 Penalties Any person violating the provisions of TMC Chapter 16.40, the International Fire Code or appendices adopted by TMC Chapter 16.16, or who shall fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit issued thereunder and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Fire Marshal or by a court of competent jurisdiction within the time fixed therein, shall be guilty of a gross misdemeanor, and upon conviction thereof, shall be punished by a fine in an amount not to exceed $5,000.00, as outlined in TMC Section 16.16.080, or imprisonment for a term not to exceed one year or by both such fine and imprisonment. 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 W: Word Processing \Ordinances \Fire alarm systems -re -enact TMC 16.40 5 -28 -13 DT:bjs 34 Page 12 of 14 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. Section 17. TMC Section 16.40.160 is hereby reenacted to read as follows: 16.40.160 Permit Expiration Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. The Fire Marshal is authorized to grant, in writing, one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Section 18. TMC Section 16.40.170 is hereby reenacted to read as follows: 16.40.170 Appeals Whenever the Fire Marshal disapproves an application or refuses to grant a permit applied for, the applicant may appeal the decision to the Board of Appeals established in Section 108 of the International Fire Code within 30 days from the date of the Fire Marshal's decision(s). Section 108 shall be amended to read: Disputes regarding interpretation of code provisions shall be settled by the International Fire Code Institute. When deemed appropriate, the Fire Marshal will request a formal, written interpretation from the Institute. Section 19. Repealer. Ordinance No 2328 is hereby repealed. Section 20. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 21. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 22. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. W: Word Processing \Ordinances \Fire alarm systems -re -enact TMC 16.40 5 -28 -13 DT:bjs Page 13 of 14 35 PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of , 2013. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: W: Word Processing \Ordinances \Fire alarm systems -re -enact TMC 16.40 5 -28 -13 DT:bjs 36 Page 14 of 14 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee FROM: Chris Flores, Acting Fire Chief BY: B/C Don Tomaso, Fire Marshal DATE: May 21, 2013 SUBJECT: Fireworks Permit for 4th of July at Starfire ISSUE Require City Council approval for the annual fireworks permit for the Tukwila Parks and Recreation Family 4th at Starfire Sports Complex. BACKGROUND The City of Tukwila has been sponsoring a family oriented 4th of July celebration for the last 12 years. This is one of the most successful City sponsored events in terms of public attendance and participation. This event will draw in excess of 5,000 people to the park to view and participate in the festivities scheduled by Parks and Recreation. DISCUSSION Parks and Recreation has retained the same fireworks company, Western Display Fireworks, Ltd., a company with 61 years of experience in public displays. We will use the same location as last year to avoid protecting the sports turf fields in the Northeast corner of the facility. This fireworks discharge location will be in the Southwest corner of the facility on the natural grass fields. Additionally, the largest aerial shell will be reduced from 6" to 3 "; this allows for a smaller safety perimeter. Western Display has also proposed several ground displays that the crowd will be able to see when looking south. FINANCIAL IMPACT This event is funded through the Parks and Recreation Department. RECOMMENDATION Staff recommends that Council approve the permit at the June 17, 2013 Regular Meeting under the Consent Agenda. ATTACHMENTS Fireworks application and Western Display Fireworks, Ltd paper work Fireworks permit conditions 37 38 Tukwila Fire Department Attn: Don Tomaso 444 Andover Park East Tukwila, WA 98188 -7606 Dear Chief Tomaso, May 13, 2013 Enclosed please find the following for the 2013 Tukwila Family 4th at Fort Dent fireworks display: • WSP public fireworks display permit application • Certificate of Insurance • Map of firing site • Copy of lead Pyrotechnician Philip Howitt's operator license • Check for $100 for permit fee Please contact our office if you have any questions or need further information to process this permit. Thank you in advance for your prompt assistance. Sincerely, K" I Kim Dodgion Operations Assistant 39 PART APPLICATION FOR PUBLIC FIREWORKS DISPLAY PERMIT TO: Govemin9 body of city, town, or county in which display is to be conducted. APPLICANT NAME Western Display Fireworks, Ltd SPONSOR Tukwila Parks & Rec. Dept. ,PYROTECHNIC OPERATOR NAME Howitt 'NAME OF ASSISTANTS: (at least NAME William Ed ington, Sr. NAME DATE OF APPLICATION 5/13/13 ADDRESS PO Box 932 Canby OR 97013 .. .... ....:.... ADDRESS 12424 420d Ave. South. Tukw la,- .W9.9$16$_. ADDRESS LICENSE 1381170"' Ave. East, Puyallup, WA 98373 253. 536 3174 on!_ required -- ADDRESS AGE 1217 2015` St. Ct.E,,,Spanaway,WA98387 ADDRESS PHONE (5037- 6364999 PHONE 706- 76R -7g77 XACT LOCATION OF PROPOSED DISPLAY LOCATION Starfire Sports Complex 14800 Starfire Way Tukwila, WA 98188 DATE TIME 7/4/13 IMBER AND IN,DS l7F FIREWORKS TO:BE t SPLAYED ;AGE (1) 1.2" multi -shot cakes multi -shot cakes (2) 2" multi -shot boxes 10.00pm (1) 1.25" multi -shot cake (3) 2.5" multi -shot boxes (80) 2.5" shells (385) 3" shells MANNER &,PLACE OF AT4t2AGE PRIOR TED DiSpi_AY "(Subject to approval Western Display Fireworks, Canby, OR 97013 — ATF Approved Magazine 10 RE Local Fire AuthoreyE _; FINANCIAL RESPONSIBIL1T` BONDING OR INSURANCE COMPANY Biggs insurance Services ADDRESS PO Box 189, Vancouver, WA 98666 Mark One) y[] Bond or certificate of insurance attached ❑ Bond or certificate of insurance an file with State Fire Marshal Bond or certificate of insurance shalt provide minimum coverage of $50,050 /$l,000,000 bodily irryury liability for each person and event, . respectively, and $25,000 property damage PART II PERMIT PERMIT # DATE: In accordance with the provisions of RCW 70.77 and applicable local ordinances, this permit is granted to conduct a fireworks display as per the above application. NAME: (Full na RESTRICTIONS: pt3rson, firm, or corporation granted permit) Permit not valid without verification of the appropriate State Fireworks License LICENSE NUMBER: C -01316 (1n (Signature of OlSsel granting permit) Sons on reverse side (Title) 3000 -420 -050 (R 02105) 40 Distribution: WHITE (A): Local Fire Authority; YELLOW (B): Permitee 41 AWRO' CERTIFICATE OF LIABILITY INSURANCE OP ID: EF DATE(MMIODIYYYY) 05/10/13 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 11 SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Biggs Insurance Services P.O. Box 189 916 Main Street Vancouver, WA 99866 Jon Courser Phone: 360-695-3301 Fax: 360-696-2232, INSURED Western Display Fireworks,Ltd. P.O. Box 932 Canby, OR 97013 CONTACT E. PHONE INC No. Frt1: FAX INC .N>R EMAIL ADDRESS: PRODUCER WESTE -5 CUSTOMER ID re INSURER(S) AFFORDING COVERAGE INSURER* :Liberty Surplus Insurance Comp NAIL * INSURER e: James River Insurance Company INSURER C Praetorian Insurance Company 37257 INSURER D: INSURER E: INSURER F' TIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 5E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, USSR TR 1YPE OF INSURANCE A0DL INSR SUBre won P08ICY NUMBER P01ICYEFF 1MMIDDIYYYYI POLICYEXP IMM/ODIYYri1 LIMITS A GENERAL — X LIABILITY COMMERCIAL GENERAL LIABILITY X 100000139709 01/15/13 01/15/14 EACH OCCURRENCE 5 1,000,000 ppEmmEs )Eeto o nen0ef $ 50,000 1 CLAIMS-MADE ©OCCUR MED EXP (Any or. person) 5 Excluded PERSONALS AOV INJURY 5 1,000,000 X Stop Gap GENERAL AGGREGATE S 2,000,000 GENL AGGREGATE LIMIT APPLIES PER: 7 POLICY I JL GAj I�F9T. /1100 PRODUCTS. COMP/OP AGG 5 1,000,000 5 C C AUTOMOBILE X X X X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS Excess Truckers P000910011008 INCLUDING TRUCKERS P000990026900 01/15/13 01/15/13 01/15/14 01/15/14 COMBINED SINGLE LIMB (Ea accident) 5 5,000,000 BODILY INJURY (Per parson) Bo BODILY INJURY (Per a er,0 $ 5 PROPERTY DAMAGE (Par accident) S 5 s B X UMBRELLA LU,B X OCCUR EXCESS LIAR CLAIMS-MADE 000514651 01/15/13 - 01/16/14 EACH OCCURRENCE 5 1,000,000 AGGREGATE 5 1,000,000 _ DEDUCIBLE RETENTION 5 5 S WORKERS AND ANY OFFGERIMEMBEN (Mandatory rc DESCRIPTION COMPENSATION EMPLOYERS. LIABILITY. YIN NIA I WC STATU 1 0711. TORYU ER PROPRIETOR/PARTNER/EXECUTIVE EXCLUDED? ■ In NH) E.L. EACH ACCIDENT $ E L DISEASE • EA EMPLOYEE 5 describe under OF OPERATIONS below E.L. DISEASE - POLICY LIMB S DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES ( Attach *CORD 101, AddiaonaI Remarks Schalk) , H more space I requires!) 31108 Date: July 4 2013 Site: Cream soccer field located at the Starfire sports Complex 14800 Starfire Way, Tukwila, WA 98188 / Additional insureds per CG2010 1) City of Tukwila its officers, directors, employee. and agents 2) Starfire Sports 3)John C. ftadovich Development Co. CERTIFICATE HO DE A TUKW001 City of Tukwila 12424 42nd Avenue South Tukwila, WA 96168 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 9E CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUT110MIIIZ00REPRRESENTATNE ACORD 25 (2009/09) 42 OD 1989.2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Commercial General Liability Liberty Surplus Insurance Corporation.. M'nN"r ut1rM'aty 50,00 canal LIBERTY SURPLUS INSURANCE CORPORATION (A New Hampshire Stock fnwrance Company, hereinafter d "Company ENDORSEMENT NO. 1 Effective Date: 1/15113 Policy Number. 1000001397.09 Issued To: Western Display Fireworks, Ltd. DBA Western International Fireworks and Western Wildlife Control THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE. PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations As requited by written contras signed by both parties prior to any "occurrence" in which coverage is sought under this policy. Al locations of covered operations. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations) A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", " properry damage" or "personal and advertising injury" caused, in whole or in part, by 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply. This insurance does not apply to "bodily injury" or "property damage" occurring after. L All work, including materials, pacts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations bas been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project CG 20 10 07 04 0 ISO Properties, Inc., 2004 43 44 PAGE 01/01 fireworks license pyrotechnic operator license 14640 City of Tukwila Jim Haggerton, Mayor Fire Department Nicholas J. Olivas, Fire Chief FIREWORKS PERMIT CONDITIONS To: Western Display Fireworks, Ltd. From: B /C. Tomaso, Fire Marshal Re: July 4th Fireworks display, 14600 Starfire Way, Tukwila, WA 98168 Date: May 21, 2013 1. Notify Washington State Patrol at 425 - 649 -4658. 2. Notify FAA specialist at 425 - 227 -2536 or 425 - 227 -2500. 3. Establish Safety perimeter a minimum of 30 minutes prior to display start. 4. Have Pyrotechnicians in visible uniform clothing. 5. No Pyrotechnics shall be delivered to site prior to the day of the display. 6. All personnel inside the safety perimeter shall use Personnel Protective equipment as outlined in NFPA 1123. 7. Only Pyrotechnicians, Safety Monitors and Fire Watch personnel will be within the safety perimeter. 8. Portable fire extinguishers shall be in place, prior to unloading of pyrotechnics from transport vehicle. (2A 20 BC Minimum Size) 9. 4 - Tukwila Police officers shall be on site a minimum of 30 minutes prior to the start of the display for crowd control and shall remain for a minimum of 30 minutes past the end of the display or the crowd disperses. (2 additional Tukwila Police officers shall be available to respond to the site if requested.) Headquarters Station: 444 Andover Park East • Tukwila, Washington 98188 • Phone: 206 -575 -4404 • Fax: 206 -575 -4439 45 City of Tukwila Page 2 10. Tukwila Fire Department shall inspect mortar racks prior to loading of any pyrotechnic shells. 11. Tukwila Fire Department shall inspect all static displays upon completion of set up. 12. Two Tukwila Fire Department apparatus shall be on location prior to the start of the display. (One will be an overtime staffed Engine) 13.Two additional overtime firefighters will be the designated fire watch personnel assigned to the Starfire turf practice fields. 14.Any breech of the safety perimeter shall suspend the display until the perimeter is cleared and re — established. 15. Upon completion of the display, the fallout area shall be checked for unexploded shells. Cleaning of debris, if not practical on the night of the event shall be at first light the next day. 16. No combustible materials shall be stored inside the safety perimeter. Headquarters Station: 444 Andover Park East • Tukwila, Washington 98188 • Phone: 206 -575 -4404 • Fax: 206 -575 -4439 46 City of Tukwila Jim Haggerton, Mayor Fire Department Nicholas J. Olivas, Fire Chief Date: May 21, 2013 To: Acting Chief Flores From: B/C Tomaso, Fire Marshal Re: Public Fireworks Display Permit I have reviewed the permit application information provided by Western Display Fireworks, Ltd. They have applied for the permit for a public fireworks display at the Starfire Sports Complex, 14600 Starfire Way. Western Display is a licensed Pyrotechnic Company with the State of Washington and with the Bureau of Alcohol, Tobacco and Fire Arms. The display will be held in conjunction with the City's planned event on the 4th of July, "Family Fun at the Fort", being organized by the Parks and Recreation Department. This will be a 30 to 40 minute show starting at approximately 2200 hours. The fireworks will be transported to the site in the AM of July 41" and will be under the required supervision until they are discharged. The mortar tubes and other equipment will be brought to the location on July 4th as well. The application was reviewed to WAC 212 -17 and accepted industry standards, and we find everything is within these guidelines. This year the display will be in the Southwest corner of the facility. This change has eliminated the concerns regarding the railroad right — of — way, Seattle Sounders FC practice fields and the limited access this allows. In addition, we will no longer have a portion of the fallout area within the City of Renton. We will however, have a small portion of the 6720 Fort Dent Way Office building within the South edge of the fallout zone. Crowd control can be a potential issue, as the crowd that assembles to watch the fire works show has increased each and every year. This year has the potential for a larger crowd as Seattle has cancelled the Lake Union fireworks show. Last year the traffic leaving the site was managed with the available Tukwila Police on site and available patrol units. To mitigate these issues I believe the following measures should be done: Headquarters Station: 444 Andover Park East • Tukwila, Washington 98188 • Phone: 206 -575 -4404 • Fax: 206 -575 -4439 47 City of Tukwila Page 2 • Stage two fire apparatus at the site: one apparatus on each side of the river in order to cover the 6720 Fort Dent Office building. Apparatus shall be out of service during the display and for 30 minutes following the display. • Have Tukwila Police provide crowd control during the public display. A minimum of 4 officers will be required. Provide traffic control to the Fort Dent Way and Interurban Ave intersection to expedite traffic flow. (2 additional Tukwila Police shall be available to respond to the site if requested.) • Comply with Fire Works Permit Conditions attached. Headquarters Station: 444 Andover Park East • Tukwila, Washington 98188 • Phone: 206 -575 -4404 • Fax: 206 -575 -4439 48 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee FROM: Dennis Robertson, Finance and Safety Committee Chair DATE: May 29, 2013 SUBJECT: Council Policy on Electronic Devices ISSUE The Finance and Safety Committee has committed to proposing a comprehensive Council Policy on Electronic Devices used by Councilmembers. BACKGROUND This Committee discussion has been underway for over a year. Since the beginning, several things have changed. First, the Council no longer has a single, standard device. Second, the Administration has a new, draft policy on "Business Use of Cellular Devices." DISCUSSION It would be useful for the Committee to analyze the draft Administration Policy and determine if it should influence or modify the proposed Council policy. The following three questions are a reasonable starting point for the Committee discussion. 1. Should the Council also adopt a policy similar to the upcoming Administration Policy on "Business Use Cellular Program" (see attached draft document). 2. Variety of Council Electronic Devices currently in use or planned. Is this desirable? 3. What should be included in a Council Policy and is one even needed? FINANCIAL IMPACT Minor if any. RECOMMENDATION The Committee should decide upon /recommend next steps for the Committee on this matter. ATTACHMENTS Draft Policy on Business Use of Cellular Devices 49 50 City of Tukwila Administrative Manual Index: 1100 -07 Page 1 of 8 TITLE: BUSINESS USE CELLULAR PROGRAM PURPOSE This policy recognizes the business benefit to the City of certain staff having cellular devices on which to conduct City business. The City's Business Use Cellular Program can eliminate the necessity for the employee to carry two cellular communication devices (one City -owned and one personal device) while on duty. The intent of this policy is to improve the quality of service to Tukwila's citizens, increase the productivity of Tukwila's workforce, and to make City operations more cost effective. This policy is intended for those employees who conduct business away from City campuses; are designated by their supervisors as "on- call" status; or are expected to answer calls or check email after hours as part of their job responsibility. Qualified employees, in discussion with their Supervisor, may select one of the available program options detailed in Statement of Policy Item #4, "Program Options ". REFERENCES ITD Form 1100 -07a, Business Use Only (Program Option A) ITD Form 1100 -07b, Business Use Primary (Program Option B) ITD Form 1100 -07c, Cell Phone Stipend (Program Option C) City Administrative Policy #400 -03, Public Records Requests City Administrative Policy #1100 -09, Employee Remote Access to City's Computer Network STATEMENT OF POLICY 1. Applicability All employees using cellular devices to conduct City business are covered under this policy. This policy does not create a vested right to be allowed a cellular device or personal usage of that device for any period of time. It is not an entitlement and it is not a City -wide benefit. This policy does not cover remote access to City documents or data located on the City's computer network; refer to Policy #1100 -09, Employee Remote Access to City's Computer Network. 2. Acquisition and Management Acquisition of all City -owned cellular devices and service provider /long distance carrier services will be managed and inventoried by the Information Technology Department (ITD) and will follow established standards. Cellular device usage is billed on a time -used basis. City -owned cellular devices and services should not be used when a less costly alternative method is safe, convenient, and readily available. 3. Auditing The City of Tukwila reserves the right to audit all City -owned cellular equipment and services, which will include a review of monthly billing by the employee's departmental supervisor. Accounts showing activity will be reviewed for legitimate business usage. If any account shows no usage activity for a minimum three -month period, the account will be reviewed for possible termination. Personal devices used for City business may be audited as indicated in Sections 4.C.3 and 7.C. of this Policy. 51 w City of Tukwila Administrative Manual Index: 1100 -07 Page 2 of 8 TITLE: BUSINESS USE CELLULAR PROGRAM 4. Program Options A. Business Use Only (1) Provisions: The employee is assigned a City -owned cellular device, which is to be used solely for authorized City business purposes, with no personal use allowed. Non -City employees are not allowed to use the City -owned device. The employee must sign a policy agreement prior to the issuance of a City -owned cellular device. (2) Approval: Option A requires Department Head authorization. (3) Financial responsibility: Option A is designed as having no cost to the employee. The City may charge for — and the employee shall pay for — any unauthorized personal use of the cellular device. Unauthorized personal use may result in permanent loss of the use of a City cellular device, or possible legal action to recover the cost of the unauthorized charges. The City will not provide compensation or reimbursement to employees, volunteers or anyone else for City business use conducted on cellular devices they have purchased themselves. (4) Records: Employees are not authorized to use a personally -owned device (except as described under Option C) to conduct City business (Le., receiving voice mails, sending/receiving text messages, taking photographs, etc.). These items are considered a City record and must be retained for the applicable retention period as mandated by the State of Washington. The City may be required to produce the records in response to a public records request or as part of discovery during litigation. If that is the case, it is possible the entire contents of the personally -owned device would be subject to review by the ITD, supervisors or City Attorney staff. B. Business Use Primary (1) Provisions: The employee is assigned a City -owned cellular device to be primarily used for authorized City business, allowing incidental personal use only by the City employee to whom the device was assigned. Non -City employees are not allowed to use the City -owned device. Option B is intended for executive, on -call, or otherwise qualified employees. The employee must sign a policy agreement prior to the issuance — or prior to any personal usage — of a City -owned cellular device. (2) Approval: Option B requires Department Head authorization, plus Mayor or City Administrator approval. Financial responsibility: To compensate the City for the employee's incidental personal usage on a City -owned cellular device, Option B requires payment from the employee to the City via an authorized monthly payroll deduction for each cellular device issued. The payroll deduction arrangement must be in place, with verification sent to ITD from the Finance Department, prior to any personal usage and /or cell device issuance. (3) 52 p City of Tukwila Administrative Manual Index: 1100 -07 Page 3 of 8 TITLE: BUSINESS USE CELLULAR PROGRAM The rate of 45% of the initial standard total monthly charges for each device (rounded up to a whole dollar amount), plus a $5 administrative fee, will be used to determine the on -going monthly rate for the payroll deduction for each device. The provider bills will be reviewed monthly. In any given month, if the amount charged on the City's invoice for the assigned device is greater than the expected standard billing amount, the employee will be responsible for payment by check or cash within one week of notification for all personal use charges over the agreed upon monthly deduction amount. Failure to pay for the overages may result in permanent loss of the use of a City -owned cellular device, or possible legal action to recover the cost of the charges. Copies of statements for the month with overages, or for any other month, will be provided to the employee upon request. The initially- determined monthly rate may change if the cellular service charges are increased by the service provider or the rate plan or service provider is changed by the City. Employees who have a cellular device payroll deduction in place will be provided the opportunity to either approve the increased deduction or to opt out of this agreement prior to any increase. In this option, the City will not provide compensation or reimbursement to employees, volunteers or anyone else for City business usage of cellular devices they have purchased themselves. (4) Records: Employees are not authorized to use a personally -owned device (except as described under Option C) to conduct City business (Le., receiving voice mails, sending/receiving text messages, taking photographs, etc.). These items are considered a City record and must be retained for the applicable retention period as mandated by the State of Washington. The City may be required to produce the records in response to a public records request or as part of discovery during litigation. If that is the case, it is possible the entire contents of the device including any personal communications and data contained therein would be subject to review by the ITD, supervisors or City Attorney staff. C. Cell Phone Stipend (1) Provisions: A pre- authorized cellular device stipend is designed to provide a means to reimburse the employee for costs associated with performing City business on personally -owned equipment (phone only; does not include all cellular devices). The allowance is not intended to reimburse the entire cost of the cellular device or service, as the device is the property of the employee and is also used for personal use. This Program option will only be allowed for employees that have first been authorized for and enrolled in Program Option A for one year's time, and as City budget allows. The employee must sign a policy agreement prior to payment of the stipend. (2) Approval: Option C requires Department Head authorization, plus Mayor or City Administrator approval. 53 1111111 muno lot 9 City of Tukwila Administrative Manual Index: 1100 -07 Page 4 of 8 TITLE: BUSINESS USE CELLULAR PROGRAM (3) Financial responsibility: To defer the employee's costs of using the employee's personal phone for City business purposes, the City will pay a stipend through payroll to the qualified employee. The stipend amount is based upon the type of phone authorized during the employee's previous Option A usage. For each month the employee is eligible to receive a stipend, the amount will be $20 per month for standard cellular phone usage, or S45 per month for enhanced cellular usage (which includes data access), if a need for after -hours offsite email or Internet access is approved. The stipend amount is a taxable earning to the employee and shall be added each month to the employee's pay. To verify the business usage, the employee will be required to provide for review an un- redacted phone usage statement to the supervisor or Department Head upon request. 5. Program Opt -out Either the City or the employee will have the right to discontinue enrollment in any Program option at any time for any reason. Immediate notification of opt -out should be made to the employee, ITD, Finance Department payroll staff, and the employee's Department Head in order to terminate service charges, stipends, payroll deductions or other costs to the City or employee. If opt -out is invoked, public records, legal discovery and legal hold responsibilities and requirements will remain in effect for all records generated during the time period that a device was active for business use. Should an employee opt out because he or she will no longer be employed by the City, the employee shall allow ITD to copy all City documents from the employee's device upon a request to do so by ITD, the employee's Department Head, or the City Administrator. 6. Department /Division Responsibilities A supervisor /manager of an employee requesting any Business Use Cellular Program option shall: A. Ensure the requested usage clearly provides a benefit to the City. This will be accomplished by identifying the business necessity under one or more of the following conditions: (1) Job responsibilities require the employee to be away from the office regularly. It is considered essential to communicate with the employee by phone or email while they are out of the office, and the use of other communications equipment — such as a pager, two -way radio or regular land line telephone — is impractical. (2) Internet access for the employee while away from the office is critical to the performance of their job. (3) Work - related personal safety can be enhanced by the use of a cellular device. (4) The employee and /or their job function has been designated as "essential" in the event of an emergency, meaning they must be reachable via two -way voice communication at all times. 54 City of Tukwila Administrative Manual Index: 1100 -07 Page 5 of 8 TITLE: BUSINESS USE CELLULAR PROGRAM (5) The employee performs "on- call" duties and must be reachable via phone call or Push -to -Talk communications during assigned times. B. Maintain a current list of all employees and their associated phone numbers covered under each Program option. Periodically review job functions of these employees to ensure a continuing need to authorize participation in the Business Use Cellular Program. C. At least annually, conduct a comprehensive review of the need for each employee enrolled in the Business Use Cellular Program, to determine if continued program participation is appropriate. City management reserves the right to ask for and /or conduct random audits of employee usage for consistency with City policy and potential policy changes, based on usage patterns and costs. 7. Employee Responsibilities All employees authorized and approved to use any Business Use Cellular Program option shall: A. Agree to accept and make City business calls /perform data access on the City -owned and provided cellular device or the employee's personal cellular phone, depending on the Business Use Cellular Program option selected, and sign the appropriate agreement governing City business use. B. Be available via their cellular device during work hours, and at other times as required by City policy and individual requirements of employee's current position. C. If Program Option C is selected, the employee will: (1) Provide to their supervisor an active phone number that is local to the City of Tukwila and will not incur long distance charges by the City if /when called. (2) Maintain regular cellular phone service in good standing, and produce evidence of their active and current cellular service provider plan upon request by the City. (3) Ensure that the cellular service provider billing statement includes detailed billing. At a minimum, a listing of calls which the employee deems for business use must indi- cate the telephone number of the caller and the minutes and /or charges for the call. (4) Be responsible for all payments associated with their cellular account on a timely basis. (5) Purchase a replacement device if the phone becomes unusable, lost or stolen, or provide notice to discontinue the stipend immediately if the phone cannot or will not be replaced. (6) Maintain wireless service provider bills for a period of six years after the end of the City's fiscal year to meet City public records requirements, and provide for review any un- redacted phone usage statements to the supervisor or Department Head, if /when requested. 55 City of Tukwila Administrative Manual Index: 1100 -07 Page 6 of 8 TITLE: BUSINESS USE CELLULAR PROGRAM 8. Public Records Responsibilities All information, data or communications relating to the conduct of government or the performance of any governmental function that is created or stored on either a City -owned or personal cellular device utilized for City business are considered public records under the Public Records Act. For any Business Use Cellular Program option, the employee's cellular device and the documents contained therein may be subject to review by the City and to public disclosure per State and Federal law. Additionally, in court proceedings a legal request can be made for discovery of devices. This can mean that any and all information existing on the device could be deemed as discoverable, beyond what may be discloseable under the Public Records Act. Any device used for City purposes, whether City -owned or employee- owned, must be turned over to the City for review upon the request of the City Administrator or Department Head. All employees enrolled in Program Options A, B and C must agree to comply with any records requests directed at the cellular device and any information contained therein. Whenever notified of a potentially relevant public records or discovery request or legal hold, or at the request of the City for other purposes, employees shall search both City -owned and personal cellular devices for relevant documents. Cloud -based storage services such as Dropbox, Evernote, etc. should not be used to store City documents when using a City -owned device due to complications presented during discovery and public disclosure data gathering efforts. For devices approved to allow data access, the designated City email address given to employees (i.e., firstname.lastname @TukwilaWA.gov), as well as the City email system, should be the only email address or system used by employees to conduct City- related business. These emails are archived for retention by the ITD and are searchable when deemed necessary or appropriate. User - created email accounts, including but not limited to Comcast, Gmail, Yahoo, Hotmail, Zoho, GMX, etc., should not be installed on or utilized by an employee on a City -owned device. Social media applications, including but not limited to Facebook, Twitter, LinkedIn, Pinterest, etc., should not be installed or utilized on a City -owned device unless directly required for and related to the conduct of City business. If any social media communication (sent or received) relates to the conduct of City business, it must be retained in accordance with the applicable Local Government Records Retention Schedule and may be disclosable under the Public Records Act. Any text messages relating to City business must be retained in accordance with the Local Government Records Retention Schedules. Text messaging should not be used for business purposes, as the record and detail of the text communication is held at the cellular service provider and may be unavailable to the City when needed for disclosure. If used, it is strongly advised that this type of communication be brief and not used for a continued back - and -forth conversation; be used only when necessary and determined to be the most efficient method of communication; and be casual in nature, containing no information used for City business decisions. Text messages with transitory retention value, as defined in the Local Government Records Retention Schedules, should be deleted frequently and not stored on the device any longer than needed. 56 lot a City of Tukwila Administrative Manual Index: 1100 -07 Page 7 of 8 TITLE: BUSINESS USE CELLULAR PROGRAM It is recommended that personal information inadvertently stored on a City-owned device, and any data considered transitory, as defined in the Local Government Records Retention Schedules and not evidence of a business transaction, be removed regularly. /Reference City Administrative Policy #400 -03 regarding Public Records Requests.] Questions regarding records retention requirements or responding to public records requests should be directed to the City Clerk's Office. 9. Mobile Device Management Program The City's mobile device management (MDM) program allows remote device management for wiping enterprise data from the device should it become lost or stolen, is to be deactivated per supervisor's request, or is no longer participating in the Program. All cellular devices participat- ing in all program options, both City-owned and personally- owned, are required to be enrolled in the City's MDM program if the device is an MDM - allowed type of device. If a device is not allowed by the MDM program, work email and calendar synchronization will not be authorized for the device. Once a device is enrolled in the MDM, it must remain enrolled in the program. The ITD will fully assist with the enrollment of all City-owned devices; the enrollment of any personally -owned device shall be the responsibility of the device owner, who will facilitate and input the hands -on configuration with verbal guidance from the ITD. When needed, two types of data removal are possible for MDM devices: one that removes only the enterprise MDM data (connections to City email and network will then be cleared manually), and one that completely wipes all data (including email and network connections) from the device. For all City-owned devices, the type of device wipe to be used will be determined by a mutual decision between the device user and the ITD, or as directed by the Mayor, City Administrator, Department Head or immediate supervisor. The user of a City- owned cellular device should be aware that any personal data on the device, including but not limited to email and contact information, is at risk of being erased from the device at any time and without warning. For all personally -owned devices enrolled under Option C, the enterprise MDM data wipe and City email disconnect will be initiated by ITD. Any business -use applications on the device must be removed manually by the device owner and then reviewed for compliance by the City Administrator, Department Head or immediate supervisor. 10. Security and Safety Cell transmissions are not secure. Therefore, employees are expected to use discretion in discussing confidential information. Washington State law regulates cellular device usage while driving, prohibiting a wireless device such as a cell phone being held to the driver's ear. RCW 46.61.667 and 46.61.668 provide exceptions for using wireless communication in "hands - free" mode, while driving an authorized emergency vehicle, for summoning emergency help or reporting illegal activity, or other circumstances. State law also bans text messaging while driving. Citations received for any infraction on any device and any costs incurred for legal assistance required will be at the employee's own expense. 57 City of Tukwila Administrative Manual Index: 1100-07 Page 8 of 8 TITLE: BUSINESS USE CELLULAR PROGRAM Be alert when installing free, off-shore originated or otherwise unknown and un-researched applications onto any device as they may pose a security risk by containing malicious content, rerouting your browser to a malicious web page asking for personal information or installing malware onto your device. Scanning or using QR codes may also pose this same risk. 11. Protection of equipment Reasonable precautions should be taken to prevent the theft of equipment or its unauthorized use. In the event that a cellular device is lost, stolen, damaged, hacked, or no longer in the employee's personal control, ITD is to be contacted immediately so that service and connectivity can be discontinued. Recurring instances of lost, stolen or damaged cellular devices will be reported to the employee's Department Head. Title; BUSINESS USE CELLULAR PROGRAM Initiating Department: Information Technology Effective Date: Supercedes: N/A Mayor's Office Approval Signature: 58