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LUTC PKT 06-21-2010City of Federal Way City Council Land Use/Transportation Committee City Hall Council Chambers June 21, 2010 5:30 p.m. MEETING AGENDA Electronic Version 1. CALL TO ORDER 2. PUBLIC COMMENT (3 minutes) 3. COMMITTEE BUSINESS Topic Title/ Description A. Approval of Minutes: June 7, 2010 B. S 352nd Street Extension Project from Enchanted Parkway South to Pacific Highway South - 100% Design Status Report and ILA with Lakehaven for Design C. S 320"' Street at I-5 Southbound Off Ramp — 30% Design Status Report D. 2011-2016 Transportation Improvement Plan E. Amendments to Title 13 FWRC; Adoption of 2009 Construction Codes 4. OTHER Action Council Presenter Page or Info Date Time LeMaster 2 Action N/A 5 min. Mulkey 4 Action July 6, 2010 5 min. Consent Roberts 17 Action July 6, 2010 5 min. Consent Zukowski 20 Action July 6, 2010 20 min. Consent Bailey 33 Action July 6, 2010 15 min. Ordinance 5. FUTURE MEETINGS/AGENDA ITEMS: There will be no LUTC meeting July 5, due to City Hall being closed in observance of the Fourth of July. The next regularly scheduled meeting will be Monday, July 19, 2010 at 5:30 PM in City Hall Council Chambers. 6. ADJOURN Committee Members City staff Dini Duc%s, Chair Cary M. Roe, P. E, Director of Parks, Public Works and Emergency Management Jim Ferrell, Member Darlene LeMaster, Administrative Assistant II Jack Dovey, Member 253-835-2701 G.ILUTCILUTCAgendas and Summaries 201016-21-10 LUTCAgenda.doc City of Federal Way City Council Land Use/Transportation Committee June 7, 2010 City Hall 5:30 PM City Council Chambers MEETING SUMMARY Committee Members in Attendance: Committee Chair Dini Duclos and Committee Member Jim Ferrell. Council Member Jack Dovey was excused. Council Members in Attendance: Mayor Linda Kochmar Staff Members in Attendance: Director of Parks, Public Works, and Emergency Management Cary Roe, Deputy Public Works Director Marwan Salloum, Deputy Public Works Director Ken Miller, Surface Water Manager Will Appleton, City Traffic Engineer Rick Perez, Senior Traffic Engineer Jesse Hannahs, Senior Traffic Engineer Maryanne Zukowski, Assistant City Attorney Peter Beckwith, and Administrative Assistant II Darlene LeMaster. 1. CALL TO ORDER Committee Chair Duclos called the meeting to order at 5:30 PM. 2. PUBLIC COMMENT There was no public comment. 3. BUSINESS ITEMS Forward Topic Title/Description to Council A. Approval of the May 17, 2010, LUTC Minutes N/A Committee approved May 17, 2010, LUTC minutes as presented. Moved: Ferrell Seconded: Duclos Passed: Unanimously, 2-0 B. Setting Public Hearing for 2011-2016 Transportation Improvement Plan 6/15/2010 Consent Senior Traffic Engineer Maryanne Zukowski presented information on this item. There was no public comment or discussion. Committee forwarded Option #1 as presented. Moved: Ferrell Seconded: Duclos Passed: Unanimously, 2-0 C. Agreement to Include the Construction of Private Infrastructure as Part of the West 6/15/2010 Hylebos Creek Culvert/Removal and Flood Control Improvements Project Consent Deputy Public Works Director Ken Miller presented information on this item. There was no public comment or discussion. Committee forwarded Option #1 as presented. Moved: Ferrell Seconded: Duclos Passed: Unanimously, 2-0 D. Wildwood NTS '10 — S 308th Street (18th Ave S to 22°d Ave S) & 18th Ave S, 20t1, Ave S and 6/15/2010 22nd Ave S (S 308th St to S 312th St) Consent Senior Traffic Engineer Jesse Hannahs presented information on this item. There were two public comments: Land Use/Transportation Committee Page 2 June 7, 2010 Julie Vance; FW resident on 22nd Ave S — Ms. Vance is very concerned with the high speed of traffic along her street. Ms. Vance also wanted to inform the committee that of the 22nd Ave S residents who voted, 90% of those residents voted in favor of speedhumps. Louise Wessel; FW resident on 22nd Ave S — Ms. Wessel has observed for many years the increasing speeds traveled along 22nd Ave S and is very concerned. She also mentioned that many young children live along 22nd Ave S. Committee Member Ferrell asked for clarification on the amounts allocated for the NTS program annually. Mr. Hannahs explained that $50K is allocated annually for the NTS program, of which $20K must be used for NTS within a school zone. At today's prices, the entire proposed Wildwood NTS project would cost approximately $30K, whether split or not. City Traffic Engineer Perez added that any additional budget needed for this program would need Council approval. Chair Duclos commented that she wants to make sure there is argument to support including 22nd Ave S in this project, as it did not quite meet the scoring criteria. City Traffic Engineer Perez stated that although 22nd Ave S has a lower score, there is a potential for a diversion of traffic resulting in a qualifying score for 22nd Ave S. Director Roe was asked to prepare a staff memo in support of adding 22nd Ave S to the NTS project. Committee Member Ferrell said that after hearing from staff and the public testimony, that he also believes it probable that traffic factors qualifying S 308th St, 20d' Ave S and 18d` Ave S will divert traffic to 22nd Ave S. Committee Member Ferrell is in favor of approving this project as one piece, rather than doing the project in phases. Chair Duclos is in agreement with Committee Member Ferrell. Chair Duclos asked Mr. Hannahs if staff had received any other NTS requests and what were the likely outcomes of the requests. Mr. Hannahs responded that three requests/ballots have been received. One project expected to qualify is very minimal. The second project is also expected to qualify, however it is a larger project and there may not be enough funds to complete a project of this size if Council approves the subject project as one piece. The PW department typically returns unspent funds to the General Fund each year. Director Roe noted a possibility of excess funds being available if approved by Council at a later date. Committee forwarded Option #2 as presented. Moved: Ferrell Seconded: Duclos Passed: Unanimously, 2-0 4. OTHER None 5. FUTURE MEETING The next regular LUTC meeting will be Monday, June 21, 2010, at 5:30 PM in City Council Chambers. 6. ADJOURN The meeting adjourned at 5:55 PM. Attest: COMMITTEE APPROVAL: Darlene LeMaster, Administrative Assistant II Dini Duclos, Chair Jim Ferrell, Member GALUTOLUTC Agendas and Summaries 201 0W-7-10 Minutes.dce Jack Dovey, Member SUBJECT: S 352nd Street Extension Project from Enchanted Parkway South to Pacific Highway South – 85% Design Status Report POLICY QUESTION: Should the Council authorize staff to proceed with design of the S 352nd Street Extension Protect and return to the LUTC and Council at the 100% design completion for further reports and authorization, as well as authorize the transfer $3 Million from the Pacific Highway South HOV Lanes Phase IV project to the S 352' Street Extension project.? COMMITTEE: Land Use and Transportation Committee MEETING DATE: June 21, 2010 CATEGORY: ® Consent ❑ Ordinance ❑ City Council Business ❑ Resolution STAFF REPORT BY: Marwan Attachments: P.E., Deputy Public Works Director ❑ Public Hearing Other DEPT: Public Works 1. Land Use and Transportation Committee memorandum dated June 21, 2010. 2. Interlocal Agreement with Lakehaven Utility District. OptionsConsidered...... - - - -..._..._....._....._._-...-...__..._................._..._............- --......_......._.........._............. - ......_.. ---.._........ -...._........._..__._..__..........__..._.__........_..._............._ _ -----.--................. _ ...- 1. Authorize staff to proceed with the design of the S 352nd Street Extension Project and return to LUTC and Council at the 100% design completion stage for further reports, and authorize the transfer of $3 Million from the Pacific Highway South HOV Lanes Phase IV project to this project. Also, authorize the City Manager to execute the Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for the South 352nd Street Extension Project. 2. Do not authorize staff to proceed with finalizing the present design of this project and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to the July 6, 2010 City Council Consent Agenda for approval. CITY MANAGER APPROVAL: U L`, &'1� Ifo DIRECTOR APPROVAL: 60 Committee Council Committee Council COMMITTEE RECOMMENDATION: Place Option 1 on the July 6, 2010 Council Consent Agenda for approval. Dini Duclos, Chair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION: "Authorize staff to proceed with the design of the S 352' Street Extension Project and return to the LUTC and Council at the 100% design completion stage for further reports, and authorize the transfer of $3 Million from the Pacific Highway South HOV Lanes Phase IV project to this project. Also, authorize the City Manager to execute the Interlocal Agreement between the City of Federal Way and Lakehaven Utility District for the South 352nd Street Extension Project. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: June 21, 2010 TO: Land Use and Transportation Committee VIA: Brian Wilson, City Manager/Police Chief Marwan Salloum, P.E., Deputy Public Works Director FROM: John Mulkey, P. E., Street Systems Project Engineer W' SUBJECT: S 352d Street Extension Project from Enchanted Parkway South to Pacific Highway South — 85% Design Status Report BACKGROUND' This project consists of the extension of S 352nd Street from Enchanted Parkway South (State Route 161) to Pacific Highway South (State Route 99). This extension includes a three -lane cross-section with a two-way left turn lane and bike lanes. A new traffic signal is planned at the intersection of S 352d Street and Pacific Highway South. Widening of the west leg of the intersection of S 352nd Street and Enchanted Parkway South is planned to accommodate a new right -turn only lane. Other improvements include curb, gutter and sidewalk, planter strips between the curb and sidewalk, utility undergrounding and illumination. In an effort to reduce costs and public disruption, the following planned projects will be incorporated into the design and will be constructed as part of this project: • Lakehaven Utility District Water and Sewer Utility Adjustment • Utility Underground Conversion and or relocation within project limits The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 85% complete, which includes the following completed tasks: • The Topographical Surveys • The Geotechnical Investigation • Right of Way Plan • Channelization Plans • SEPA Approval • The Environmental Site Assessment (ESA) Phase I • Interlocal Agreement with Lakehaven Utility District for Water and Sewer line relocation/replacement design and construction (draft copy attached) • Project Design to 85% Ongoing Tasks Include: • Right of Way acquisition and/or dedication agreement • WSDOT approval of Channelization Plans • Project Design to 100% 5 Land Use and Transportation Committee S 352nd Street Extension June 21, 2010 Page 2 of 2 PROJECT ESTIMATED EXPENDITURES: Planning and Design ROW Acquisition 2010 Construction Cost (estimate) 10% Construction Contingency Construction Management Utility undergrounding (100% City Cost) TOTAL PROJECT COSTS $ 525,000 200,000** 3,800,000 380,000 427,500 325,000 $ 5,657,500 ** It is assumed that most of the property owners will sign a right of way dedication agreement; only one parcel indicated that they will not dedicate the needed right of way for the project. AVAILABLE FUNDING: Utility Tax (2009 budget) $ 1,000,000 Utility Tax (20 10 budget) 1,400,000 REET (2010 budget) 200,000 Mitigation 54,000 Interest 14,000 TOTAL AVAILABLE BUDGET $ 2,668,000 At this time the project budget has a funding shortfall of $2,989,500. Staff is requesting the transfer of $3,000,000 from the Pacific Highway South HOV Lanes Phase IV project to this project. KALUT02010\06-21-10 S352nd Street Extension - 85% Design Status Report.doc INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND LAKEHAVEN UTILITY DISTRICT FOR THE SOUTH 352"d STREET EXTENSION PROJECT (SR 161 TO SR 99) THIS AGREEMENT is made and entered into this day of , 2010, by and between the City of Federal Way (hereinafter "City") and Lakehaven Utility District (hereinafter "Lakehaven"), collectively referred to herein as the "Parties". WHEREAS, the City proposes to proceed with the South 352nd Street Extension Project (SR 161 to SR 18) (hereinafter "Project"); and WHEREAS, Lakehaven provides water and sewer service in the general area of the Project in accordance with applicable Washington State and City of Federal Way laws, regulations and franchises; and WHEREAS, in conjunction with Project -related improvements being undertaken by the City and others, Lakehaven may need or elect to remove, relocate, adjust and/or install certain water and/or sewer facilities within the Project area, hereinafter collectively referred to as "Lakehaven Work;" and WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other entities to provide services in a manner best serving the needs and development of their local communities; and WHEREAS, Lakehaven can achieve cost savings and other benefits in the public's interest by contracting with the City to perform certain services for Lakehaven, including design, preparation of plans, specifications and estimate(s), executing a public works construction contract for the Lakehaven Work in conjunction with the Project, and providing construction management services in support thereof, as described in Exhibit A, attached hereto and incorporated herein by this reference; NOW, THEREFORE, it is hereby covenanted and agreed by and between the Parties hereto as follows: I. FINAL DESIGN, The City's design contractor, KPG, Inc. shall perform final design of the Lakehaven Work in accordance with Exhibit A. Lakehaven shall reimburse the City for the reproducible construction drawings, special contract provisions, and other necessary documents, which shall Page 1 sufficiently detail requirements for the Lakehaven Work to become a part of the plans and specifications for the Project. BIDDING AND CONSTRUCTION. A. The City's design contractor, KPG, Inc., shall incorporate Lakehaven's plans and specifications as developed under Section I into the Contract Bid Documents for the Project in such manner as to allow, to the extent possible, identification of cost allocations between the Parties, including a separate Bid Schedule B for the Lakehaven Work. B. Following opening of construction bids on the Project, Lakehaven shall be furnished with a summary tabulation of the bid responses submitted for the Lakehaven Work for Lakehaven's approval. Within twenty calendar days of receiving the bid responses, Lakehaven shall notify the City in writing that Lakehaven either approves or rejects their portion of the bid award. If the City elects to award a contract for the Project, bid award shall be made to the lowest responsible bidder for the total Project subject to applicable laws and regulations. The City shall not proceed with Lakehaven Work in Bid Schedule B until the City has received approval from Lakehaven for its portion of the bid award. If Lakehaven rejects their portion of the bid award, the City may proceed with its portion of the Project, and the Lakehaven Work that is the obligation of Lakehaven shall be deleted from the project contract. This Interlocal Agreement shall terminate effective the date of Lakehaven's notice to the City of Lakehaven's rejection of all bids. III. CONTRACT ADMINISTRATION. A. The City shall provide the necessary administrative, construction observation, and clerical services necessary for the execution of the Project. In providing such services, the City Public Works Director and/or his or her designee may exercise all of the powers and perform all of the duties vested by law in him or her. Lakehaven grants to the City Public Works Director and/or his or her designee authority to act on behalf of Lakehaven sufficient to carry out the provisions of this Agreement. B. . Lakehaven shall notify the City, in writing, of any changes it wishes to make in the plans and specifications which affect Lakehaven Work, which changes shall be made, if feasible. The City shall notify Lakehaven, in writing, of any changes required of Lakehaven Work and shall obtain Lakehaven's approval of such changes. Lakehaven's approval shall not be unreasonably withheld. Lakehaven shall be responsible for all costs incurred, directly or indirectly, as a result of these or any other changes required or requested by Lakehaven. IV. PAYMENT. A. Lakehaven shall reimburse the City for all costs incurred by the City in performing Lakehaven Work, which costs shall include but are not limited to Lakehaven Work performed by the Project contractor(s), all changes requested by Lakehaven, and Lakehaven's cost of the City services described in Paragraph 111 (a) herein, and as described in Exhibit B, and except such portion of the costs that are the obligation of the City as determined by the parties. Page 2 B. All payments shall be due from Lakehaven to the City within thirty (30) days after approval by Lakehaven's General Manager or his/her designee of said sums billed to Lakehaven. Amounts unpaid after said due date shall accrue interest at a rate of one (1) percent per month. V. INDEMNIFICATION AND HOLD HARMLESS. A. The City agrees to indemnify and hold Lakehaven, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of the City, its agents or employees, or by the City's breach of this Agreement. B. Lakehaven agrees to indemnify and hold the City, its elected officials, officers, employees and agents harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising or resulting from, or connected with, this Agreement to the extent caused by the negligent acts, errors or omissions of Lakehaven, its agents or employees, or by Lakehaven's breach of this Agreement. The provisions of this paragraph shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. VI. DURATION. This Agreement shall become effective immediately upon execution by both parties, and shall continue in force until either (1) Lakehaven rejects all bids, or (2) the City Council accepts the completion of the project, whichever is earlier. VII. OTHER PROVISIONS. A. The City shall retain ownership and usual maintenance responsibility for the roadway, storm drainage system, sidewalks, landscaping, traffic signals and all other appurtenances related thereto. B. Upon completion of the construction and City's acceptance of the Project as fully constructed according to the contract plans, specifications and change orders, the City shall provide a final invoice to Lakehaven for any final payment due. Lakehaven's payment of this final invoice shall, in effect, transfer ownership of these water and sewer mains and appurtenances to Lakehaven, and Lakehaven shall thereafter be responsible for maintenance of such facilities. C. This Agreement contains the entire written agreement of the Parties and supersedes all prior discussion. This Agreement may be amended only in writing, signed by both Parties. Page 3 L•] D. This Agreement shall be in full force and effect from the date of signature by all Parties to the date the City completes the Final Inspection upon completion of the Project and may be extended for additional periods of time upon mutual written agreement of the City and Lakehaven. Adherence to deadline dates is essential to the performance of this Interlocal Agreement. E. Any provision of this Agreement, which is declared invalid, void or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provisions shall remain in full force and effect. IN CONSIDERATION of the mutual benefit accruing herein, the Parties hereto agree that the work, as set forth herein, will be performed by the City under the terms of this Agreement. IN WITNESS WHEREOF the Parties hereto have hereunto set their hands and seals the day and year first above written. CITY OF FEDERAL WAY LAKEHAVEN UTILITY DISTRICT Brian Wilson . City Manager / Police Chief APPROVED AS TO FORM: Patricia A. Richardson, City Attorney ATTEST: Carol McNeilly, City Clerk Page 4 10 Donald T. Perry General Manager APPROVED AS TO FORM: General Counsel EXHIBIT A South 352nd Street SR 161 to SR 99 City of Federal Way Scope of Work KPG March 25, 2010 (For Lakehaven Utility District via Interlocal Agency Agreement) Work to be completed under this amendment involvesreparation of plans, specifications, engineer's estimate, and bid documents for the S 352" Street Extension — SR 161 to SR 99 project. Plans will be prepared in accordance with Lakehaven Utility District (Lakehaven) design standards as summarized and itemized in the Lakehaven's plan review checklists. Contemplated improvements (Lakehaven Work) included under this scope, subject to review by the City and Lakehaven, and previous review comments provided by Lakehaven, include the following: Water a. Removal and disposal of approximately 150 -LF of 8 -inch AC main and appurtenances, and replacement with 8 -inch DI main (STA 84+35, 60' RT to STA 84+95, 80' LT). b. Vertical relocation of existing 8 -inch lateral (STA 97+60, 50' RT) for drainage installation and driveway re -grading. c. Vertical relocation of existing 8 -inch DI main (STA 99+05, 15' RT) for drainage installation. The length of vertical relocation may be extended up to 100' in length to provide adequate cover under pavement section. d. Relocation of fire hydrant in 1 location (STA 84+80, 47' LT). e. Water valve adjustments to finish grade throughout the project limits. Sewer a. Sewer manhole adjustments to finish grade throughout the project limits. b. No conflict analysis is anticipated for side sewers unless data is provided by Lakehaven. Lacking this data, it is anticipated that side sewer modifications will be made on a case by case basis during construction. Task 17.1 — Project Management Work under this task includes time to execute this amendment, prepare associated invoicing and progress reports, plan and schedule the work, plan for and execute QA/QC, and coordinate with the City and Lakehaven. This task assumes the design phase, including reviews by LUD, will last 3 months. Page 5 11 Task 17.2 — Waterline Plan and Profile Sheets The CONSULTANT will prepare up to three (3) water facility plan and profile sheets, consistent with the project limits, to show the relocations, removals, installations and adjustments required. The plan view will include existing base mapping, existing utilities, proposed curb and gutter and proposed drainage facilities, and other available utility information, including locations of luminaires and landscaping. In addition, horizontal alignment information, existing and relocated hydrant and valve locations and types, locations of existing and relocated service connections including water meters and fire service lines, and all demolition and abandonment callouts will be shown on the plan sheets. Minimum clearance requirements will be called out at critical locations adjacent other utilities, including storm drainage facilities. The full-sized scale shall be 1" = 20'. The profile view will beat 1 "=20' horizontal scale and 1 "=5' vertical scale. Each sheet will show the existing and proposed ground; and pipe elevation (top or bottom of pipe) information for the existing and proposed water mains at critical locations, specifically at utility crossings, including storm drainage facilities. Minimum clearances will be identified with callouts at utility crossings, or in a separate crossing table. Existing waterline information will be based on pothole and measure down data provided by LUD. Existing and proposed utility crossings will be shown as ellipses in the profiles. All work associated with the water system facilities will be shown on these 'stand-alone' plans and profile sheets. Any references to the water system facilities on the City's roadway plans will be edited to reference these documents. Task 17.3 — Water Line Detail Sheets The CONSULTANT will include details not covered in WSDOT's Standard Plans or in Lakehaven's Water System and Sewer System Standards on the Plan and Profile sheets, or as stand-alone pages in an appendix to the contract specifications. . Task 17.4 — Sewer Manhole Field Investigation The finished grade elevations of the sewer manholes within the project limits will be adjusted. Lakehaven will provide the Consultant with manhole as -constructed information, including cone section, ladders, and number and sizes of risers. Task 17.5 — Sewer Manhole Adjustments Based on the information collected in task 17.4, the Consultant will describe the work included to bring each sewer manhole to grade (which may include removal and/or replacement of cone sections, extensions, and/or risers. This information will be shown on the roadway plans and quantified in the bid schedule for the Lakehaven Work. Task 17.6 — Specifications Page 6 12 The CONSULTANT will prepare special provisions for construction of the water system facilities and sewer manhole adjustments per Lakehaven Standards. Special provisions shall supplement WSDOT's 2010 Standard Specifications, unless otherwise specified by Lakehaven's Water System and Sewer System Standard Specifications. Lakehaven's Water and Sewer System Standard Specifications shall be included as Special Provisions, and any amendments, revisions, or clarifications in support of the items of Lakehaven Work included in the bid schedule shall be incorporated as Supplemental Special Provisions. The water system facilities and sewer manhole adjustment bid items will be included as a separate bid schedule in the project contract bid documents. Task 17.7 — Opinion of Cost The CONSULTANT will prepare a 100% and final opinion of cost for all water and sewer work included in this project. The breakdown of items shown in the opinion of cost shall directly correlate with items of work identified in the separate bid schedule in the project contract bid documents. SCHEDULE: The City's roadway design has already been completed to the 85% design level. The CONSULTANT will commence work on the water line design immediately upon receipt of a notice to proceed from the City of Federal Way (note that this requires that Lakehaven Utility District provide a notice to proceed to the City through the Interlocal Agency Agreement). The 100% PS&E will be delivered to the City and Lakehaven four (4) weeks after the CONSULTANT receives this notice to proceed. 2. The City and Lakehaven will review the 100% PS&E and return comments back to the CONSULTANT no more than 3 weeks after submittal. Comments received after this date may not be incorporated into the Final Contract Documents without a contract modification. 3. Final PS&E submittal will be prepared approximately 3 weeks after comments are received from the City and Lakehaven. DELIVERABLES: The CONSULTANT will assemble and provide the following items to the City: 1. The CONSULTANT will submit at 100% stage of completion, two copies each of the half - sized plans, full-sized plan sheets, and special provisions for review and comment. 2. Two (2) sets of full-sized bond prints of "Final" water line plans (water schedule only). 3. Two (2) sets of half -sized bond prints of "Final" Water Line Plans (water schedule only). 4. Two (2) sets of camera-ready hard copy special provisions which cover the water -related elements of the project only. 5. One (1) computer disk for the plans of the water line elements of the project in AutoCAD format. Page 7 13 6. One (1) computer disk for the water line special provisions in Microsoft Word format. ASSUMPTIONS: Utility record drawings are not included in this scope and fee because construction services are not included in this contract. 2. Existing asbestos -cement (AC) water main to be removed shall be included as a separate bid item and appropriate hazardous waste specifications will apply. 3. It is assumed that all base -mapping, surveying and utility coordination already performed as part of this contract is adequate and no additional effort in these areas is included in this amendment, except as necessary to correct items noted in previous review comments, and to incorporate information from paragraph 17.4. 4. Lakehaven shall provide the Consultant, in a timely manner, Lakehaven's standard documents for public works contracts, including standard plans. Unless otherwise specified, these standard documents shall be suitable for inserting into the bid documents without revision. 5. Lakehaven shall obtain all necessary approvals and/or new/revised utility service, and pay all fees connected therewith. 6. Lakehaven' representative with respect to services to be rendered under the Agreement shall be as designated by Lakehaven's Engineering Manager. 7. Lakehaven shall coordinate with the City of Federal Way to receive the required number of sets of final Contract Documents. A minimum of two complete sets shall be provided to Lakehaven. 8. Lakehaven shall pay all permit fees necessary to complete the work described in this scope of work. 9. No conflict analysis has been completed or is anticipated for side sewers unless data is provided by Lakehaven. Lacking this data, it is anticipated that side sewer modifications will be made on a case by case basis during construction. 10. In providing opinions of cost for the project, the CONSULTANT has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality performance by operating personnel or third parties; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore the CONSULTANT makes no warranty that Lakehaven's actual project costs, financial aspects, economic feasibility, or schedules will not vary from the Consultant's opinions, analyses, projects, or estimates. Page 8 14 •�• <i a� c -f ailt1F R r E ['s F�I 15 EXHIBIT B SOUTH 352ND STREET EXTENSION PROJECT (SR 161 TO SR 99) ESTIMATED FINAL DESIGN, CONSTRUCTION, PROJECT ADMINISTRATION AND CONSTRUCTION MANAGEMENT COSTS FOR INCLUDING LAKEHAVEN UTILITY DISTRICT UTILITY RELOCATION AND ADJUSTMENTS ESTIMATED FINAL DESIGN COST Estimated final design costs for Lakehaven utility relocations (KPG, Inc.) ESTIMATED CONSTRUCTION COSTS Subtotal Construction Sales Tax @ 9.0% of Construction Cost Subtotal Construction Including Sales Tax Construction Contingency (10% of Construction cost.) Construction Management (12.5% of Construction cost.) ESTIMATED TOTAL CONSTRUCTION COST ESTIMATED PROJECT COST (Final Design & Construction) TBD Project Administration (5% of project cost) TOTAL ESTIMATED COST $ 14,155.99 $ TBD $ TBD $ TBD $ TBD $ TBD $ TBD $14,155.99 $ 707.80 $14,863.79 Costs presented are estimates only. Actual costs incurred will be used to calculate final cost of Lakehaven Utility District's utility relocation portion for reimbursement to the City. Page 10 16 SUBJECT: South 320th Street at I-5 Southbound Off Ramp - 30% Design Status Report POLICY QUESTION: Should the Council authorize staff to proceed with design of the South 320`h Street at I-5 Southbound Off Ramp Project and return to the LUTC and Council at the 85% design completion for further reports and authorization? COMMITTEE: Land Use and Transportation Committee MEETING DATE: June 21, 2010 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution k❑ 9ther STAFF REPORT BY: Marwan Salloum, P.E., Deputy Public Works : Public Works Attachments: Land Use and Transportation Committee memorandum dated -June 21, 2010. OptionsConsidered:._._._...._.._._._._...._..._._.._....._...__..._....._.._._....._......_....._...._..................._._._..._.._...._......._......__._..........__........_...--_.--._...._.........._.........._._-................-------..........._-..._..-----...--_....-------..._._ 1. Authorize staff to proceed with the design of the South 320t' Street at I-5 Southbound Off Ramp Project and return to the LUTC and Council at the 85% design completion stage for further reports and authorization. 2. Do not authorize staff to proceed with finalizing the present design of this project and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to the July 6, 2010 City Council Consent Agenda for approval. CITY MANAGER APPROVAL: �e�17)1J13 DIRECTOR APPROVAL: Committee Council Committee Council COMMITTEE RECOMMENDATION: Forward Option I to the July 6, 2010 CityCouncil Consent Agenda for approval. Dini Duclos, Chair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION: "I move to authorize staff to proceed with the design of the South 32e Street at I -S Southbound Off Ramp Project and return to the LUTC and Council at the 85% design completion stage for further reports and authorization. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 02/06/2006 RESOLUTION # 17 CITY OF FEDERAL WAY MEMORANDUM DATE: June 21, 2010 TO: Land Use and Transportation Committee VIA: Brian Wilson, City Manager/Police Chief FROM: Marwan Salloum, P.E., Deputy Public Works Directo Brian Roberts, P. E., Street Systems Project Engine rr SUBJECT: South 320th Street at I-5 Southbound Off Ramp — 30% Design Status Report BACKGROUND: This project consists of widening the southbound off ramp from the present 3 lanes to 5 lanes. The updated ramp will have dual left turn lanes and three right turn lanes. The lane configuration on South 320"' St will not be modified. Other modifications include relocated curb gutter and sidewalk at the northwest quadrant of the intersection, shifting the South 320th Street median island and signal pole westward, constructing a retaining wall along the west side of the widened ramp, and modifications to the existing drainage and detention pond. Illumination will be upgraded along the length of the widened ramp. The following provides a brief synopsis of the progress on this project to date. Currently, the project design is approximately 30% complete, which includes the following completed tasks: • The Topographical Surveys • Preliminary Geotechnical Investigation • Preliminary Channelization Plans • Preliminary Paving Design • Preliminary Drainage Design • Design Documentation Package • Project Design to 30% Ongoing Tasks Include: • WSDOT approval of Channelization Plans • Retaining Wall Design • Final Paving Design • Final Retaining Wall Design • Final Drainage Design • Final Illumination Design • NEPA Environmental Documentation • Preliminary Contract Specifications • Project Design to 85% This project is scheduled to go to bid in April 2011 with construction beginning June 2011. 18 Land Use and Transportation Committee I-5 Southbound South 320'h Street Off Ramp June 21, 2010 Page 2 of 2 PROJECT ESTIMATED EXPENDITURES: Planning and Design (WSDOT) $ 646,000 ROW Acquisition 0 2011 Construction Cost 3,600,000 10% Construction Contingency 360,000 Construction Management (WSDOT) 562,000 TOTAL PROJECT COSTS $ 5,168,000 AVAILABLE FUNDING: Federal Grant (STPUL) $ 3,200,000 Budgeted City Funds 1,840,000 Mitigation 165,000 TOTAL AVAILABLE BUDGET $ 5,205,000 (Transfer from Project 150) 19 K:\LUTC\2010\06-21-10 S 320th St @ I-5 SB Off Ramp - 30% Design Status Report.doe COUNCIL MEETING DATE: July 6, 2010 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Public Hearing and Adoption of Resolution for 2011-2016 Transportation Improvement Plan POLICY QUESTION: Should the Council authorize staff to proceed with the adoption of the 2011-2016 City of Federal Way Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) on July 6, 2010? COMMITTEE: Land Use and Transportation Committee MEETING DATE: June 21, 2010 CATEGORY: ❑ Consent ❑ Ordinance ® Public Hearing ❑ City Council Business ® Resolution ❑ Other STAFF REPORT BY: Maryanne Zukowski, P_E_, Senior Traffic Engineer DEPT.: Public Works__ Attachments: Land Use and Transportation Committee memorandum dated June 21, 2010. Options Considered: 1. Adoption of the revised 2011-2016 TIP and ASIP. 2. Do not adopt the revised 2011-2016 TIP and ASIP and provide direction to staff. STAFF RECOMMENDATION: Staff recommends forwarding Option 1 to a public hearing at the July 6, 2010 City Council Meeting. CITY MANAGER APPROVAL: � DIRECTOR APPROVAL: o Committee Council Committee Council COMMITTEE RECOMMENDATION: Forward Option 1 to a public hearing at the July 6, 2010 City Council Meeting. Dini Duclos, Chair Jim Ferrell, Member Jack Dovey, Member PROPOSED COUNCIL MOTION: "1 move approval of the resolution adopting the 2011-2016 City Of Federal Way Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP). " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1 reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 02/06/2006 RESOLUTION # 20 K:\COUNCIL\AGDBILLS\2010\07-6-10 TIP adoption .doe CITY OF FEDERAL WAY MEMORANDUM DATE: June 21, 2010 TO: Land Use and Transportation Committee VIA: Brian Wilson, City Manager/Police Chief FROM: Maryanne Zukowski, P.E., Senior Traffic Engineer aA SUBJECT: 2011— 2016 Transportation Improvement Plan (TIP) BACKGROUND: In accordance with the requirements of Chapters 35.77 and 47.26 of the Revised Code of Washington, the City of Federal Way adopted its original TIP and ASIP on July 23, 1991. The City is also required to adopt a revised TIP and ASIP on an annual basis reflecting the City's current and future street and arterial needs. These plans identify capital projects that the City intends to construct over the next six years. In order to be eligible for grant funding, projects are required to be listed in the City's TIP. The City is required to hold a minimum of one public hearing on the revised plan, which is proposed for the July 6, 2010 Council meeting. Once the revised plans have been adopted by Resolution, a copy of the respective plans must be filed with the Washington State Secretary of Transportation and the Washington State Transportation Improvement Board. Revised Plan: Attached for your review and comment are the proposed 2011-2016 TIP and ASIP (Exhibit A), a location map (Exhibit B), and a draft resolution for adoption (Exhibit Q. The six-year TIP and ASIP respond to the Growth Management Act concurrency requirements as well as other emerging needs. Projects are selected based on criteria adopted in the City's Comprehensive Plan TP81, which reads, "Prioritize transportation projects considering concurrency, safety, and support for non -SOV modes, environmental impacts, and cost effectiveness." Each project was ranked using the scoring criteria established for Transportation TIP/CIP Prioritization. Staff also reviewed and analyzed available grant -eligible programs suitable for project programming. The proposed plan differs from the previous year's plan; changes should be noted as completed projects, new projects proposed, modified projects, and a policy interpretation. Completed Projects: Projects completed in 2010 include the following: SR 99 @ S 356th Street, added a westbound through lane, additional left turn lanes in the eastbound and northbound directions, and some sidewalks. 21 June 21, 2009 Land Use and Transportation Committee 2011 — 2016 Transportation Improvement Plan Page 2 Projects with Modt zed Scope: S356 1h Street: SR 99 to SR 161: The improvement of the intersection of S 356th Street @ SRI 61 was separated out and identified as a new project adding the second northbound left turn lane to SR 161. This intersection project is driven by the improvements of the WSDOT Triangle Project and the intersection project is the City's target of Federal Funds through Congressional Earmarks. This phase is currently unfunded by WSDOT. Proposed New Pro'e� cts: S 320th Street @ 1" Ave S: This project has returned to the 6 -year TIP due to a concurrency failure identified in 2016. Proposed are the additions of left turn lanes in all directions and a right turn lane southbound. An alternative of creating a median U-turn implementation ("Michigan Lefts") at this location is a possible option in lieu of widening. S 340 Way @ Weyerhaeuser Way: A roundabout is proposed at this location pending approvals from WSDOT. Projects Returned to the 20 -year Capital Improvement Program: Military Road S: S Star Lake Road to S 288th St: This project is not prioritized as needed within the next 6 years. The project widens Military Road to five lanes with sidewalks and streetlights. Level of Service (LOS) Projects Identified but not added to the TIP: SR 161 @ SR 18: This intersection is on a Highway of Statewide Significance (HSS) and designated part of the National Highway System (NHS) and subsequently exempt from concurrency requirements. The analysis performed for 2016 shows the intersection will not meet the City volume to capacity ratio in 2016 based on vehicle delay. This is also taking into account staff's "best forecast with limited information" as to the diversion of traffic accomplished with the completion of the Triangle Project beginning construction this year. Staff is recommending that this intersection be re -analyzed in the future to measure the true impacts of diverted traffic with the Triangle Project. Staff is also recommending first time use of the total LOS standard from the adopted City Comprehensive Plan as copied below: TP16 — "The City's LOS standard shall be E. This is defined herein as a volume%apacity ratio less than 1.00 in accordance with Highway Capacity Manual (2000) operational analysis procedures. At signalized intersections, the analysis shall be conducted using a 120 -second cycle length and level of service E is defined as less than 80 seconds of delay per vehicle. Where transit or HOV facilities are provided, the LOS shall be measured by average delay and volume%apacity ratio per person rather than per vehicle. This standard shall be used to idents concurrency needs and mitigation of development impacts. For long-range transportation planning and concurrency analysis, a volume%apacity ratio of 0.90 or greater will be used to identify locations for the more detailed operational analysis. " The S 348th Street HOV lane project was completed in 2009. These HOV lanes complete a link from the Regional Park & Ride to the State Highway System. Average person delay was applied 22 June 21, 2009 Land Use and Transportation Committee 2011 — 2016 Transportation Improvement Plan Page 3 and this intersection passed the level of services standards with application of this adopted policy for average person delay. Average person delay applied was for the most current acceptable standards. Council has the option to reject the use of this LOS policy and add a project to the TIP at this intersection. A southbound through lane on 16a' Ave S from S 34e Street to S 348a' Street is proposed with an expected 2010 cost of $ 2,965,200.00. Staff noted during the conceptual opinion of cost, sidewalks may be up against many buildings in order to do the roadway widening. Attachments: Exhibit A - Draft TIP Exhibit B - Location Map Exhibit C - Draft Ordinance (inc. Exhibit A) cc: Project File Day File cc: Project File Day File K.:1,LU'rC\2010106-21-10 TIP.doc 23 EXI 1 Iq - - Draft TRANSPORTATION IMPRI - - CAPITAL PROJECTS — Prol Map -- - -- Acct ID** - -- Location Description Add 2nd SB left -tum lane, 3rd SB right -tum lane -- - 156 1a - - —Add I-5 SB Ramp @ S 320th t HOV lanes, realign ramps in SE quadrant - 150 1 b -- - - 146 2 - S 320th St @ I-5 Bridge Widening 10th Ave SW @ SW Campus Dr Add SB right -turn lane 3 lane principal c 11 ctwith bike lanes,si ewa s _ - 175 3 SW 344th St: 12th Ave SW - 21st Ave SW ntslldrai ed median, impro eoaccess at 328th T 148 4 139 5 1 st Ave S @ S 328th St S 320th St @ 20th Ave Add 2nd left -tum lanes EB, WB 2nd left lanes all approaches, WB right -tum lane _ ---- -- - 170 8 -- 159 7 21st Ave SW @ SW 336th St SR 99 HOV Lanes Phase 4: SR 509 - S 312th St Add -tum Add HOV lanes, install raised median -- - --- � -Add _-- 173 8 - -- - SR 99 @ S 312th St SW 312th St: 14th Ave SW - SR 509 2nd left -tum lane NB Widen to 3 lanes with bi ke lanes, sidewalks, illumination, r 142 9 - - - — 154 10 S 304th St @ 28th Ave Add NB right -tum lane, signal Extend 3 lane principal collector and signal at SR -99 151 11 - - 152 12 S 352nd St: SR 99 - SR 161 SW 320th St @ 21st Ave S ane, Interconnect Add 2nd WB left -tum lto 26th Ave SW _ 135 13 S 348th St @ 1 st Ave S Add SB, WB, right -tum lanes, 2nd EB, WB left -tum lanes - - -- ---- - 167 14 SW 320th St @ 47th Ave SW Install traffic signal -- --- - — 161 15 -- - - 168 16 S 312th St @ 28th Ave S Add SB right -tum lane SW 336th Wy / SW 340th St: 26th PI SW - Hoyt R Widen to 5 lanes, add signal at 26th PI SW - -- - - --- 157 17 S 356th St: SR 99 - SR 161 Widen to 5 lanes, bike lanes, sidewalks, illumination Add 2nd NB Left to SR 161 - support phase of Triangle Pn _ -- -- 157 -- -- 131 S 356th St @ SR 161 S 320th St 81 Av South Add EBL, WBL, WBR, NBT, SBR; widen to 5 lanes N to 3' - - - -- ---- = — S 344th Wy &Weyerhaeuser Roundabout _..._ -. - -- Subtotal Capital Protects NON -MOTORIZED CAPITAL PROJECTS _Map - - Ip Location Description f 169 21 S 314th St: 20th Ave S - 23rd Ave S Install sidewalks, ADA ramps, curbs &gutter, pedestrian i — -- 158 22 1st Ave S: S 292nd St - S 312th St Shoulder im rovements p Install sidewalk on north side --.-- ---- --- 149 23 S 336th St: SR 99 - 20th Ave S --- - - - -- --- Subtotal Non -Motorized Capital Projects Iq VT PLAN (TIP) - 2011 TO 2016 � _-- 2010 costs Year 2010 Costs in $ thousands Previous Years 2010 2011 2012 2013 2014 2015 2016 Total 650 4,580 5,230 5,000 5,612 2,122 44,570 44,570 101,874 1,388 1,388 Won 756 6,796 7,552 1,910 1,910 500 5,958 6,458 iative Measure 500 -3,685 4,185 5,000 8,000 8,500 21,500 909 909 7,273 9,091 31 at 14th Ave SW 500 4,112 4,612 2,279 2,279 450 1,500 4,750 6,700 4,584 4,584 550 2600 3,150 382 382 573 573 2,034 7,097 7,097 16,228 871 871 4,270 6,012 2,700 2,700 :matlive Measure 9,891 9,891 1,034 1,034 6,000 12,750 20,7181 13,290 21,402 21,311 53,332 68,530 217,333 Year 2007 Costs in $ thousands Previous Years 2010 2011 2012 2013 2014 2015 2016 Total rents 2,101 2,101 2,801 2,801 475 475 0 0 0 475 2,101 0 2,801 0 5,377 6,0001 12,7501 , > 5301 ZZZ. -�5 Puget Sound ST mw � �r ' -- ST mw � 2/ City of Federal Way Comprehensive Plan 2011-2016 Transportation Improvement Plan Gxhlb4 .S Legend • Intersection Improvement �niit Corridor Improvement Non -Motorized Improvement Map Date: May, 2010 City of Federal Way, 33325 8th Ave S, PO Box 9718 Federal Way, WA 98063 (253) 835-7000 0 0.5 1 N Miles CITY OF Federal Way This map is accompanied by no warranties, and is simply a graphic representation. r 5 jos 2/ City of Federal Way Comprehensive Plan 2011-2016 Transportation Improvement Plan Gxhlb4 .S Legend • Intersection Improvement �niit Corridor Improvement Non -Motorized Improvement Map Date: May, 2010 City of Federal Way, 33325 8th Ave S, PO Box 9718 Federal Way, WA 98063 (253) 835-7000 0 0.5 1 N Miles CITY OF Federal Way This map is accompanied by no warranties, and is simply a graphic representation. EXHIBIT C RESOLUTION NO. A RESOLUTION of the City Council of the City of Federal Way, Washington, adopting an extended and revised Transportation Improvement Program and Arterial Street Improvement Plan for 2011- 2016, and directing the same to be filed with the Washington State Secretary of Transportation and the Transportation Improvement Board. (Amends Resolution 91-67, 92-117, 93-155, 94-186, 95-210, 96- 236, 97-258, 98-273, 99-299, 00-316, 01-343, 02-365, 03-391, 04-433, 05- 451, 06-481, 07-503, 08-732, and 09-550). WHEREAS, pursuant to the requirements of RCW Chapters 35.77 and 47.26, the City Council of the City of Federal Way adopted its original Transportation Improvement Program on July 23, 1991 (Resolution No. 91-67); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on August 4, 1992 (Resolution No. 92-117); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on October 19, 1993 (Resolution No. 93-155); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on October 4, 1994 (Resolution No. 94-186); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on July 18, 1995 (Resolution No. 95-210); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on July 16, 1996 (Resolution No. 96-236); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on July 1, 1997 (Resolution No. 97-258); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on July 7, 1998 (Resolution No. 98-273); and No.10- 28 Page 1 of 5 K. 9,UTC12010106-21-10 TIP Adoption Reso.docResolution Rev 4/10 EXHIBIT C WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on June 1, 1999 (Resolution No. 99-299); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on June 20, 2000 (Resolution No. 00-316); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on July 17, 2001 (Resolution No. 01-343); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on June 18, 2002 (Resolution No. 02-365); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on July 15, 2003 (Resolution No. 03-391); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on November 2, 2004 (Resolution No. 04-433); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on July 19, 2005 (Resolution No. 05-451); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on July 18, 2006 (Resolution No. 06-481); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on September 4, 2007 (Resolution No. 07-503); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on August 8, 2008 (Resolution No. 08-732); and WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on August 7, 2009 (Resolution No. 09-550); and No.10- 29 Page 2 of 5 K. ILUTCI2010I06-21-10 TIP Adoption Reso.docResolution Rev 4/10 EXHIBIT C WHEREAS, the Federal Way City Council further updated its Transportation Improvement Program on July 6, 2010. WHEREAS, the City Council of the City of Federal Way has reviewed the work accomplished under the existing Program and has reviewed work scheduled to be accomplished according to the updated Program; and WHEREAS, a public hearing was held on the revised Transportation Improvement Program on July 6, 2010, in compliance with the requirements of State laws; and WHEREAS, the City Council has determined current and future City street and arterial needs, and based upon these findings has prepared a revised and extended Transportation Improvement Program and an Arterial Street Improvement Plan for the ensuing six calendar years; and WHEREAS, pursuant to RCW 35.77 and 47.26, the City Council is required to annually revise and adopt an extended Transportation Improvement Program and an Arterial Street Improvement Plan; and WHEREAS, the City's SEPA Responsible Official has adopted the DNS Federal Way File 10 101894 000 00 SE issued for the City's 2011-2016 Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) which includes the extended and revised projects contained in the TIP adopted herein; and WHEREAS, adoption of the City's 2011-2016 Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) DNS reflects the fact that there will be no significant adverse environmental impacts as a result of adoption or implementation of the extended and revised Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) adopted herein; No.10- 3 0 Page 3 of 5 K. ILUTC12010106-21-10 TIP Adoption Reso.docResolution Rev 4/10 EXHIBIT C NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Program Adopted. The extended and revised Transportation Improvement Program and Arterial Street Improvement Plan for the City of Federal Way for the ensuing six (6) calendar years (2011-2016 inclusive), a copy of which is attached hereto as Exhibit A and incorporated herein by this reference, which sets forth the City's transportation project locations, types of improvements and the estimated costs thereof, is hereby approved and adopted. Section 2. Filingof f Prog am. Pursuant to Chapter 35.77 RCW, the City Clerk is hereby authorized and directed to file a copy of this Resolution, together with Exhibit A, with the Washington State Secretary of Transportation and a copy with the Washington State Transportation Improvement Board. Section 3. Severability. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 4. Corrections. The City Clerk and the codifiers of this resolution are authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 6. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. No.10- 31 Page 4 of 5 K.•ILUM20M06-21-10 TIP Adoption Reso.docResolution Rev 4/10 EXHIBIT C RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 2010. CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: No.10- 32 Page S of S K• ILUTC12010106-21-10 TIP Adoption Reso.docResolution Rev 4/10 SUBJECT: ADOPTION OF STATE CONSTRUCTION CODES POLICY QUESTION: Should the City of Federal Way amend the Federal Way Revised Code (FWRC) Title 13, "Buildings," to adopt the state mandated adoption of the International Codes and the Uniform Plumbing Code as amended by the State Building Code Council and the City of Federal' Way? COMMITTEE: LAND USE AND TRANSPORTATION COMMITTEE MEETING DATE: June 21, 2010 CATEGORY: ❑ Consent XX Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: R. Lee Bailey, Building Official DEPT: Community Development.Services ......... .............................................................__............................................................Y........._.............................g.........................._.._.._....._........_..........................._........................_._._._........................................._._...................._..._._..............._..._...._.... Attachments: Draft Adoption Ordinance Background: The proposed ordinance will allow the city to amend and adopt the current state mandated International Codes and the Uniform Plumbing Code. These codes are amended and adopted by the state every three years. As a jurisdiction within the state, the City of Federal Way is required to enforce these codes as adopted by the state, unless otherwise amended and adopted by the city. Options Considered: 1) Adopt staff's recommendation as contained in the draft adoption ordinance; 2) adopt the state codes as modified by the LUTC; or 3) do not adopt proposed amendments and provide further direction to city staff. STAFF RECOMMENDATION: Staff recommends the City Council adopt Option #1: adopt staff's recommendation as contained in the draft adoption ordinance. CITY MANAGER APPROVAL: 9D4(,/ -t-,7 611YIA)o DIRECTOR APPROVAL: 6rle Committee Council Commlittee Council COMMITTEE RECOMMENDATION: Forward Option #1: adopt staff's recommendation as contained in the draft adoption ordinance. Committee Chair Dini Duclos Committee Member Jim Ferrell Committee Member Jack Dovey PROPOSED COUNCIL MOTION(S): 1ST READING OF ORDINANCE (July 6, 2010): "I move to forward the ordinance to a second reading for enactment on the July 20, 2010, consent agenda. " 2"n READING OF ORDINANCE (July 20,2010): "I move approval of the LUTC's recommendation to approve the code amendments, which are contained in the Adoption Ordinance. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED- 02/06/2006 RESOLUTION # 33 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, adopting the 2009 International Codes and the 2009 Uniform Plumbing Code and amending Title 13 Buildings of the Federal Way Revised Code. (Amending Ordinance Nos. 90-33,92-127,92-143,95-234,98-320, 99-342, 01-389, 01402, 04-465, 07-563, 09-594, 09-595, 09-597) WHEREAS, the City of Federal Way is required to adopt the State of Washington International Codes, and the Uniform Plumbing Code as amended by the State Building Code Council pursuant to RCW 19.27.031; and WHEREAS, the State Building Code Council has mandated that the International Codes and the Uniform Plumbing Code become effective on July 1, 2010; and WHEREAS, the City has determined that it is necessary to protect the public heath, safety and welfare by adopting the 2009 International Codes and the 2009 Uniform Plumbing Code as published by the International Code Conference (ICC), and International Association of Plumbing and Mechanical Officials (IAPMO) respectively; and WHEREAS, the City of Federal Way has considered a proposed change to the Federal Way Revised Code (FWRC) Title 13 Buildings (Proposal); WHEREAS, the City Council finds that this ordinance is necessary for the immediate preservation of public peace, health and safety and not subject to initiative or referendum, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. FWRC 13.05.030 is hereby amended to read as follows: 13.05.030 Interpretation. (1) Whence-epve� of the following words appear in the codes and regulations adopted by this title, they shall be interpreted as follows: Ordinance No. 10- Page I of 31 Rev 1/10 34 • "Administrative authority" shall mean the building official. • "Board of appeals" shall mean the hearing examiner appointed by the city. • "Chief," "fire chief' or "chief of the bureau of fire prevention" shall mean the fire chief of South King Fire and Rescue. • "City treasurer" shall mean the director of administration and finance. • "Corporation counsel" shall mean the city attorney. • "Municipality" and or "jurisdiction" shall mean the city of Federal Way. within the eades adopted by this title, inter-pfetation shall r -ender- sueh r-efer-enee applieable to the SECTION 2. FWRC 13.05.040 is hereby amended to read as follows: 13.05.040 Application and scope. The provisions of this title shall apply to all new construction, relocated buildings, and to any alterations, repairs or reconstruction, except as otherwise provided for other - in this title. SECTION 3. FWRC 13.05.060 is hereby amended to read as follows: 13.05.060 Appeals. (1) General. Appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code shall be made to the hearings examiner by filing a written notice of appeal with the city clerk within 14 calendar days from the date of such order, decision or determination specifying what issue is being appealed. The appeal must be accompanied by cash or a check payable to the city of Federal Way, in the amount of $100.00,which is refundable in the event the appellant prevails on the appeal. (2) Effect of appeal The timely filing of an appeal in compliance with this section shall stay the requirement for action specified by the order, decision or determination that is the subject of the appeal An appeal does not lift or stay an order to cease activity. (3) Hearing_ (a) Date of hearing Within 10 days of the clerk's receipt of the appeal, the hearing examiner shall set a public hearing for a date within 30 days of the clerk's receipt of the appeal. (b) Notice of hearing. The notice shall contain the following: (i) A brief description of the matter being appealed. (ii) A statement of the scope of the appeal including a summary of the errors alleged and the findings and/or legal conclusions disputed in the appeal. (iii) The date time and place of the hearing on the appeal. (iv) A statement of who may_participate in the appeal. (v) A statement of how to participate in the appeal. (c) Distribution The clerk shall cause a notice of the appeal hearing to be mailed to the appellant. Ordinance No. 10 - 35 Page 2 of 31 Rev 1/10 (d) Participation in the appeal The city and the appellant may participate as parties in the hearing and each may call witnesses. (e) Conduct of hearing The hearing examiner shall conduct the hearing on the appeal pursuant to the rules of procedure of the hearing examiner. �f) Continuation of the hearing The hearing examiner may continue the hearing. If, during the hearing the hearing examiner announces the time and place of the next hearing on the matter, no further notice of that hearing need be given. (4) Decision of hearing examiner. (a) Vacation If the hearing examiner determines that the appellant has proven by a preponderance of the evidence the building official's ruling as stated in the order, decision or determination is in error, the hearing examiner shall vacate the ruling, and order the gppeal fee refunded. () Affirmation If the hearing examiner determines that the appellant has not so proven by preponderance of the evidence the hearing examiner shall affirm the building official's ruling. (5) Issuance of decision The hearing examiner shall issue an oral decision at the time of the hearing unless good cause exists to delay the decision The hearing examiner shall issue a written decision including findings of fact conclusions and order within 14 dans of the hearing. The gppellant is required to comply with any decision of the hearing examiner whether oral or written upon issuance. eafer-eemefft of this fide, sha4l be made to a he- kef as provided in pr-eeess 1V e rTr-rc�Title 9, Zoning and.rte Development G.,d_. SECTION 4. FWRC 13.05.070 is hereby amended to read as follows: 13.05.070 Enforcement All violations of this title or the codes adopted under this title are found to be detrimental to the public health, safety, and welfare, and are declared public nuisances. The building official has the authority to adopt rules and regulations to carry out the provisions of this title and has the authority to administer and enforce all rules and regulations of this title, and stieh Fules an r-egulafie It is unlawful to violate or fail to comply with any provision, rule or regulation of this title or any suefine ^r regulation. In addition to any other penalty, a violation of any provision of this title is a civil infraction under FWRC 1.15.110. SECTION 5. FWRC 13.10.010 is hereby repealed in its entirety. R-FIRWO... Ordinance No. 10 - 36 Page 3 of 31 Rev 1/10 Ordinance No. 10 - 36 Page 3 of 31 Rev 1/10 SECTION 6. FWRC 13.10.020 is hereby amended to read as follows: 13.10.020 Authority to adopt rules and regulations. (1) The city jurisdiction shall adopt rules and regulations for the implementation of this titles^ SECTION 7. FWRC 13.10.030 is hereby amended to read as follows: 13.10.030 Liability. (1) The express intent of the city council is that responsibility for compliance with the provisions of this title in b d to preteetion availability to " cre"sfi" development shall rest exclusively with the permit applicant and their agents. (2) The city council expressly recognizes there are limited public funds available for implementation and enforcement of the provisions of this title and the estab"stHne t of fire . 3n eapability by the fire dist-r-ic The city council recognizes that the level of services these public funds can support must be balanced against the economic impact of the costs for these services. Consequently, the funds appropriated for implementation and enforcement of the provisions of this title are those which, in the judgment of the city council, best protect the overall health, safety and welfare interests of the public. IIIMI IN Milk ptwsuan4 te this title are spot SECTION 7. FWRC 13.10.030 is hereby amended to read as follows: 13.10.030 Liability. (1) The express intent of the city council is that responsibility for compliance with the provisions of this title in b d to preteetion availability to " cre"sfi" development shall rest exclusively with the permit applicant and their agents. (2) The city council expressly recognizes there are limited public funds available for implementation and enforcement of the provisions of this title and the estab"stHne t of fire . 3n eapability by the fire dist-r-ic The city council recognizes that the level of services these public funds can support must be balanced against the economic impact of the costs for these services. Consequently, the funds appropriated for implementation and enforcement of the provisions of this title are those which, in the judgment of the city council, best protect the overall health, safety and welfare interests of the public. Ordinance No. 10 - 37 Page 4 of 31 Rev 1/10 ptwsuan4 te this title are spot ekeeks designed to fester- and eneeufage eemphaffee bt4 are Ordinance No. 10 - 37 Page 4 of 31 Rev 1/10 SECTION 8. FWRC 13.10.040 is hereby repealed in its entirety. SECTION 9. FWRC 13.10.050 is hereby repealed in its entirety. MW MR SECTION 10. FWRC 13.15.010 is hereby amended to read as follows: 13.15.010 Building codes adopted. The following codes, all as amended, added to, or excepted in this title, together with all amendments and additions provided in this title, are adopted and shall be applicable within the city: (1) The following chapters of the Washington Administrative Code as presently constituted or as may be subsequently amended: (a) Chapter 5 1 -11 WAC — Washington State Energy Code; and (b) Chapter 51-13 WAC — Washington State Ventilation and Indoor Air Quality Code; and (c) Chapter 51-50 WAC — State Building Code Adoption and Amendment of the 2006-2009 International Building Code; and (d) Chapter 51-51 WAC — State Building Code Adoption and Amendment of the 2)W2009 International Residential Code; and (2) Appendix Chapters F -,4a-,-4-, and J of the International Building Code, 2006 2009 Edition, and Appendix Chapters H and J of the International Residential Code, 2000-2009 Edition; both published by the International Code Council. Ordinance No. 10 - 38 Page 5 of 31 Rev 1/10 SECTION 11. FVWRC 13.15.020 is hereby repealed in its entirety. Ordinance No. 10 - 39 Page 6 of 31 Rev 1/10 ATA_ .•FAIR • �_ . , ._ , _ �. �. IMMME• A Ordinance No. 10 - 39 Page 6 of 31 Rev 1/10 n LONE'_ .u• � SECTION 12. FWRC 13.15.020 is herby replaced with the following new section. 13 15.020 2009 International Building Code Amendments. The following amendments to the International Building Code are adopted in the FWRC: (1) 10 1. 1 Title is hereby amended to read as follows: These regulations shall be known as the Building Code of City of Federal WE, hereinafter referred to as "this code." (2) 101.4.3 Plumbing is hereby amended to read as follows: The provisions of the 2009 Edition of the Uniform Plumbing Code shall apply to the installation, alteration repair and replacement of plumbing systems including equipment appliances fixtures fittings and appurtenances and where connected to a water or sewage system and all aspects of a medical gas system Private Sewage Disposal systems shall be approved by King County Department of Health. (3) 101.4.6 Energy is hereby amended to read as follows: The provisions of the Washington State Energy Code shall apply to all matters governing the design and construction of buildings for energy efficiency. (4) 105.2 Work exempt from permit is hereby amended by the addition of the following language: Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction Permits shall not be required for the following provided the project does not encroach into M sensitive area including but not limited to wetlands landslide hazard areas native growth protection easements, green belts or their buffers: (5) 105.2 item 1 is hereby amended to read as follows: One story detached accessory structures used as tool and storage sheds playhouses and similar uses, provided the floor area does not exceed 200 square feet (18.58 m2). (6) 105.2 item 6 is hereby amended to read as follows: 6 Sidewalks driveways and platforms not more than 30 inches (762 mm) above adjacent grade or walking surface and not over any basement or story below and are not part of an accessible route. (7) 105.2 is hereby amended by deletion of the following language: (8) 105.3.2 Time limitation of application is hereby amended to read as follows: An application for a permit for anyproposed work shall be deemed to have been abandoned 180 days after the date of filing, unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each The extension shall be requested in writing. (9) 106.4 is hereby amended by the addition of a new subsection: 106.4.1 Amended Permit When the size of the building is increased or the scope for which the permit was issued is changed the building_ official may amend the building permit. When such fees specified in sections 108 and R108 have been paid and when changes to the plans and application are approved the building official shall issue an "amended permit," which includes the approved changes as well as the original plans and specifications. The issuance of Ordinance No. 10- Page 8 of 31 Rev 1/10 41 such amended permit shall void the original permit. (10) 107.3 Examination of documents is hereby amended by the addition of the following language: The building official shall examine or cause to be examined the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances The building official may require third party review to insure compliance with this code The cost of such review shall be borne by the qpplicant in compliance with the city's fee schedule. X11) 110 1 Use and occupancy is hereby amended by the following exception: No building or structure shall be used or occupied and no change in the existing occupancy classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction Certificates presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. Exception: Buildings or other projects authorized by a building permit that do not require a certificate of occupancy in order to be occupied shall not be occupied until such permit has written final approval from the building inspector as authorized by the building official. (12) 113 is hereby amended in its entirety: HEARINGS EXAMINER (13) 113.1 General is hereby amended to read as follows: Appeals of orders decisions or determinations made by the building official relative to the application and interpretation of this code shall be made to the hearings examiner pursuant to FWRC 13.05.060. (14) 113.2 Limitations on authority is hereby amended to read as follows: An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted there under have been incorrectly interpreted the provisions of this code do not fully pply or an equally good or better form of construction is proposed The hearings examiner shall have no authority relative to the interpretation of the administrative provisions of this Code nor shall the hearings examiner be empowered to waive requirements of this code. (15) 113.3 Qualifications is deleted in its entirety: (16) 114 is hereby amended in its entirety: ORDER TO CEASE ACTIVITY (17) 114.1 Authority is hereby amended in its entirety: Orders to cease activity. Whenever any work is being done contrary to the provisions of this Code or other pertinent laws or ordinances implemented through the enforcement of this Code, the building official may order the work to cease by issuance of an order to cease activity pursuant to the FWRC 1.15.030. (18) 114.2 Issuance is hereby amended in its entirety: Occupancy violations Whenever any building or structure or equipment therein regulated by this Ordinance No. 10- Page 9 of 31 Rev 1/10 42 Code is being used contrary to the provisions of this Code the building official may, by issuance of an order to cease actives pursuant to FWRC 1 15.030, order such use discontinued and the structure, or portion thereof, vacated. (19) 114.3 Unlawful continuance is hereby amended to read as follows: Any person who shall continue any work after having been served with an to cease activity, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by—law. (20) Chapter 2 Definitions is hereby amended by the addition of the following definition: SUBSTANTIAL IMPROVEMENT Any repair, reconstruction rehabilitation, addition_ or improvement of a building or structure the cost of which equals or exceeds 50 percent of the assessed value of the structure before the improvement or repair is started. Exceptions: 1 Any project for improvement of a building required to correct existing health sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions. 2 Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure. (21) 403.4.7.2 Standby power loads is hereby amended to read as follows: The following are classified as standby power loads: 1 Power and lighting for mechanical equipment rooms and the fire command center required by Section 403.4.5; 2 Ventilation and automatic fire detection equipment for smoke proof enclosures; 3. Smoke controls stems; 4 A selected car in each bank of elevators A bank is a group of elevators or a single elevator controlled by a common operating system. All elevators that respond to a single call button constitute a bank of elevators. All elevators shall be transferable to emergency power. (22) 403.5.3 Stairway door operation is hereby amended by the addition of the following language: Stairway doors other than the exit discharge doors shall be permitted to be locked from the stairway side Stairway doors that are locked from the stairway side shall be capable of being unlocked simultaneously without unlatching upon a signal from the fire command center. Selected doors shall automatically unlock in accordance with approved fire alarm plan. (23) 403.5.3.1 Stairway communication system is hereby amended to read as follows: A telephone or other two-way communications system connected to an approved constantly attended station shall be provided at each floor in every stairway where the doors to the stairway are locked. (24) 403.5.6 Emergeno escape and rescue is hereby amended in its entirety: Emergence operational plan: Prior to issuance of a Certificate of Occupancy, the owner/occupant of the building shall assign a responsible person as the building's fire safety director to work with the city's building official and fire marshal in establishing an operational plan for the building. Ordinance No. 10- Page 10 of 31 Rev 1/10 43 The operational plan shall contain the guideline procedures to be followed and the responsibilities of the fire department building_employees and tenants under emergency conditions including special provisions for persons with disabilities. The plan shall also include procedures for operation maintenance and testing of the life safety systems and the allowable use and occupancy of each portion of the building. One copy of the operational plan shall be filed with the fire marshal and one shall be posted in the central control station prior to Certificate of Occupancy. (25) 403.6.1 Fire service access elevator is hereby amended to read as follows: In buildings with an occupied floor more than 75 feet (36 576 mm) above the lowest level of fire department vehicle access a minimum of one fire service access elevator shall be provided in accordance with Section 3007. ( 6) 1008.1.9.3 Locks and latches sub section 2.1 is hereby deleted in its entirety: (27) 1805 4 2 Foundation drain is hereby amended in its entirety: Drainage provisions shall be made for the control and drainage of surface water around buildings Adequate provisions shall be made to ensure that underfloor spaces remain free of running or standing water. As a minimum such drains shall be installed around the perimeter of the building at the footings Additional drains may be required in the underfloor space. The drainpipes shall be of sufficient size to adequatelyconvey onvey water to an approved location, but shall not be less than four inches in diameter. Provisions shall be made to prevent the drainage system from becoming blocked with soil. (28) 1805 4 3 Drainage discharge is hereby amended to read as follows: The floor base and foundation perimeter drain shall discharge byrg avily or mechanical means into an approved drainage system. (29) 1805.4.3 Exception is hereby amended in its entirety: The building official may waive the provisions of this section when soils appear to adequately drain the site and no water will stand or run under the building. (30) 3007 Fire Service Access Elevator is hereby amended by the addition of the following subsection: 3007.8 Emergencyr_ ecall The fire command center or an alternative location approved by the fire department shall be provided with the means to manually initiate a Phase I Emergency Recall of the fire service access elevators in accordance with ASME A17.1/CSA B44. (31) 3107.1 General is hereby amended to read as follows: Signs shall be designed constructed and maintained in accordance FWRC Chapter 19.140. (32) Clearing and grading activities shall be reviewed under Chapter 19.120 FWRC, Clearing, Grading and Tree and Vegetation Retention as well as Appendix Chapter J of the International Building Code All clearing and grading_approvals are subject to the provisions of FWRC Title 16 (surface and stormwater management) and Chapter 19.142 FWRC Flood Damage Prevention. SECTION 13. FWRC 13.15 is hereby amended to add a new section 13.15.030 to read as follows: 13.15.030 2009 International Residential Code Amendments Ordinance No. 10- Page I 1 of 31 Rev 1/10 44 The following amendments to the International Residential Code adopted in the FWRC (1) R101.1 Title is hereby amended to read as follows: These provisions shall be known as the Residential Code for One- and Two-family Dwellings of The City of Federal Way, and shall be cited as such and will be referred to herein as "this code." (2) R103 is hereby deleted in its entirety: (3) R105.2 Work exempt from permit is hereby amended by the addition of an exception to read as follows: Exception: Any work in any critical area including but not limited to wetlands, streams landslide hazard and their buffers is not exempt from permits. (4) Section R105.2 is hereby amended by deletion of the following language: (5) R105 3 1 Action on application is hereby amended by the addition of the following language: The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing If the application or the construction documents do not conform to the requirements of pertinent laws the building official shall reject such application in writingstating tating the reasons therefore I -f -When the building official is satisfied that the proposed work conforms to the requirements of this code and laws and ordinances applicable thereto the building official shall issue a permit therefore as soon as practicable. The building official may require third party_review to insure compliance with this code. The cost of such review shall be borne by the applicant in compliance with the city's fee schedule. (6) Section R105.3.2 Time limitation of application is hereby amended to read as follows: An application for a permit for any -proposed work shall be deemed to have been abandoned 180 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each The extension shall be requested in writing. (7) R106 3 1 Approval of construction documents is hereby amended to read as follows: When the building official issues a permit the construction documents shall be approved in writing or by a stamp One set of construction documents so reviewed and stamped Approved File Copy shall be retained by the building official The other set stamped Approved Site Copy shall be returned to the applicant shall be kept at the site of work at all times and shall be open to inspection by the building official or his or her authorized representative Failure to produce the Site Copy of the plans at time of inspection may result in a failed inspection. (8) R106.4 Amended construction documents is hereby amended by the addition of a new subsection. 106.4.1 Amended Permit When the size of the building is increased or the scope for which the permit was issued is changed the building official mayamend the building permit. When such fees specified in sections 108 and R108 have been paid and when changes to the plans and application are approved the building official shall issue an "amended permit," which includes the approved changes as well as the original plans and specifications. The issuance of such amended permit shall void the original permit. (9) R110 1 Use and occupancy is hereby amended by the addition of the following exception: No building or structure shall be used or occupied and no change in the existing occupancy Ordinance No. 10- Page 12 of 31 Rev 1/10 45 classification of a building or structure or portion thereof shall be made until the building official has issued a certificate of occupancy therefore as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction Certificates presuminlz to $Zive authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. Exception: Buildings or other projects authorized by a building permit that do not require a certificate of occuipancy in order to be occupied shall not be occupied until such permit has written final approval from the building inspector as authorized by the building official. (10) R112 Board of appeals is hereby amended in its entirety: SECTION R112 HEARINGS EXAMINER (11) R112.1 General is hereby amended to read as follows: Appeals of orders decisions or determinations made by the building official relative to the qpplication and interpretation of this code except orders rulings or decisions pertaining to enforcement of this Code shall be made to the hearings examiner pursuant to FWRC 13.05.060. (12) R112 2 Limitations on authority is hereby amended to read as follows: An application for qppeal shall be based on a claim that the true intent of this code or the rules legally adopted there under have been incorrectly interpreted the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The betel -hearings examiner shall have no authority relative to the interpretation of the administrative provisions of this Code nor shall the hearings examiner be empowered to waive requirements of this code. (13) R112.2.1 Determination of substantial improvement in areas prone to flooding is hereby amended to read as follows: When the buildingofficial ffcialprovides a finding required in Section R105.3.1.1, hearings examiner shall determine whether the value of the proposed work constitutes a substantial improvement. A substantial improvement means any repair, reconstruction rehabilitation, addition or improvement of a building or structure the cost of which equals or exceeds 50 percent of the market value of the building or structure before the improvement or repair is started. If the building or structure has sustained substantial damage, all repairs are considered substantial improvement regardless of the actual repair work performed. The term does not include: (14) RI 12.2.2 is deleted in its entirety: (15) R112.3 Qualifications is deleted in its entirety_ (16) R114 STOP WORK ORDER is amended in its entirety: CEASE ACTIVITY ORDER (17) R114.1 Authority is hereby amended in its entirety: Orders to cease activity. Whenever any work is being; done contrary to the provisions of this Code or other pertinent laws or ordinances implemented through the enforcement of this Code, the building official may order the work to cease by issuance of an order to cease activity pursuant to the FWRC 1.15.030. (18) R114 3 Unlawful continuance is hereby amended to read as follows: Any person who shall continue any work after having been served with an order to cease activity, Ordinance No. 10- Page 13 of 31 Rev 1/10 46 except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. (19) TABLE R301.2 (1) is amended by the addition of the following information: GROUND WIND DESIGN SEISMIC SUBJECT TO DAMAGE FROM WINTER ICE LAYER FLOOD AIR MEAN SNOW Seed Too DESIGN Weatherin2 Frostline Termites DESIGN UNDERLAY HAZARD jj- FREEZING ANNUAL LOAD MPH Effects CAT. TEMP REQUIRED INDEX TEMP 15 85 NO D2 Moderate 12" Moderate 26 no es1 250 55 19) R405.1 Concrete or masonry foundations is amended in its entire Drainage provisions shall be made for the control and drainage of surface water around buildings. Adequate provisions shall be made to ensure that underfloor spaces remain free of running or standing water. As a minimum such drains shall be installed around the perimeter of the building at the footings Additional drains may be required in the underfloor space. The drainpipes shall be of sufficient size to adequately convey water to an approved location, but shall not be less than four inches in diameter. Provisions shall be made to prevent the drainage stem from becoming blocked with soil The floor base and foundation perimeter drain shall discharge by gravity or mechanical means into an approved drainagesystem . Exception: The building official may waive the provisions of this section when soils appear to adequately drain the site and no water will stand or run under the building. (20) DELETED IN THEIR ENTIRETY: Chapters 27, 28, 29, 30, 31, and 32 (21) DELETED IN THEIR ENTIRETY: Part VIII Electrical Chanters 33, 34, 35, 36, 37, 38, 39, and (22) DELETED IN ITS ENTIRETY Chapter 40 SECTION 14. FWRC 13.20.010 is hereby amended to read as follows: 13.20.010 Purpose — General The purpose of this chapter is to authorize the construction of five -story Type VA buildings as an approved alternate design and construction method under Section 104.2811 of the 2006 2009 Edition of the International Building Code, and to set forth the criteria and standards which must be met before a building permit may be issued for a five -story Type VA building. SECTION 15. FWRC 13.20.020 is hereby amended to read as follows: 13.20.020 Construction. (1) International Building Code requirements. Five -story Type VA buildings must comply with all requirements of the International Building Code, except as modified or supplemented by Ordinance No. 10- Page 14 of 31 Rev 1/10 47 this chapter. In the event of a conflict between the International Building Code and the provisions of this chapter, the provisions of this chapter shall control. References in this chapter to building construction "types" (e.g., Type I or Type VA) shall have the same meaning as set forth in the International Building Code. (2) Lowest story construction requirements. The lowest story in a five -story Type VA building shall be constructed of Type VA fire -resistive construction, except that all structural frame and load bearing elements must consist of approved, two-hour fire -resistive construction. (3) Upper four stories. The upper four stories of a five -story Type VA building shall be constructed of at least Type VA fire -resistive construction. (4) Use of Type VA above Type I construction. Where Type VA stories are constructed over Type I construction, the Type VA stories shall be separated from the Type I stories with a horizontal assembly having a minimum three-hour fire -resistance rating as provided in the International Building Code, Section 509.2 of the 2006-2009 Edition. SECTION 16. FWRC 13.20.030 is hereby amended to read as follows: 13.20.030 Occupancy. (1) Occupancy of five -story Type VA buildings shall be allowed as provided in Table 503, International Building Code, 2OW2009 Edition, except that B, M, and R-1 occupancies shall be allowed on any floor. (2) "Occupancy" shall have the same meaning as set forth in the 200-2009 Edition of the International Building Code. SECTION 17. FWRC 13.20.040 is hereby amended to read as follows: 13.20.040 Stair enclosures. Where buildings are designed and constructed pursuant to this section, all stair enclosures shall be of two-hour fire -resistive construction with one -and -one -half-hour opening protection. All buildings constructed in accordance with this section shall be provided a minimum of one elevator with a car which complies with Section 3002.4 of the 2.OW2009 Edition of the International Building Code. Elevators shall be enclosed in shafts with the same fire -resistive requirements as stair enclosures set forth above. Elevator hoistways shall be ventilated in accordance with Sections 3004.2-1 through 3004.5-3of the 2006 2009 Edition of the International Building Code. SECTION 18. FWRC 13.20.050 is hereby amended to read as follows: 13.20.050 Fire detection and protection. (1) Five -story Type VA buildings shall be protected throughout by an automatic fire sprinkler system complying with the International Building Code and International Fire Code as detailed in the Standard known as NFPA 13, as set forth and contained in the 200-2009 Editions of the International Building and Fire Codes, as presently constituted or as hereinafter amended. Use of the automatic fire sprinkler system shall be in addition to, not in lieu of, one-hour fire -resistive Ordinance No. 10 - 48 Page 15 of 31 Rev 1/10 construction required in FWRC 13.20.020. Automatic fire sprinklers may not be used to increase the number of stories; no more than five stories of Type VA construction may be permitted. (2) All stair enclosures and elevator shafts shall be pressurized as set forth in the 2806-2009 Edition of the International Building Code Sections 707.14.2.1 dwoug ' 707.14.2.5909.20, as presently constituted or as may be subsequently amended. In addition, a class I standpipe system as required by 2009 International Building Code Section 905 and the Standard known as NFPA 14, as presently constituted or as may be subsequently amended, shall be installed. (3) A standby power -generator set shall be provided on the premises in accordance with the 2006 2009 International Building Code Section 403.4184 and the 2005-2008 National Electrical Code, as presently constituted or as may be subsequently amended. The standby system shall have a capacity and rating sufficient to supply all equipment required to be operational at the same time, including but not limited to emergency lighting, stair enclosures, elevator shaft pressurization, and elevators. (4) A monitored manual and automatic fire detection system, subject to the approval of the fire code official, shall be installed throughout the building and provide alarm, trouble and supervisory monitoring of the automatic fire sprinkler system. Monitoring equipment and controls shall be located in a location approved by the fire code official. SECTION 19. FWRC 13.20.060 is hereby amended to read as follows: 13.20.060 Height. The maximum height of buildings designed and constructed pursuant to this section shall be 65 feet. The height shall be measured as provided in the 2006 2009 International Building Code as presently constituted or hereafter amended. Buildings constructed under this chapter shall also be subject to the requirements of Section 403 pertaining to high-rise buildings, as applicable. SECTION 20. FWRC 13.20.070 is hereby amended to read as follows: 13.20.070 Basic allowable floor area. The basic allowable area of floors of five -story Type VA buildings shall be as allowed in Table 503 and Section 506 of the International Building Code, 2906 2009 Edition, as presently constituted or as may be subsequently amended. For the purpose of this chapter only, the total allowable area as calculated subject to the above -referenced table and sections may be increased by 25 percent. SECTION 21. FWRC 13.20.090 is hereby amended to read as follows: 13.20.090 Construction inspection. The following shall be required for buildings designed and constructed pursuant to this section: (1) Structural observation provided by the engineer of record for structural frame elements; (2) Special inspections as required in the 2006-2009 International Building Code; (3) All other inspections shall be in strict accordance with other applicable codes; and Ordinance No. 10- Page 16 of 31 Rev 1/10 49 (4) Structural observation documents stamped by the engineer of record and all special inspection reports shall be submitted to the Federal Way building division prior to the issuance of a certificate of occupancy. SECTION 22, FWRC 13.25.030 is hereby amended to read as follows: 13.25.030 Plumbing Code adopted. The following codes, all as amended, added to, or excepted in this title, together with all amendments and additions provided in this title, are adopted and shall be applicable within the city: (1) The following chapters of the Washington Administrative Code: (a) Chapter 51-56 — State Building Code Adoption and Amendment of the 2-OW2009 Edition of the Uniform Plumbing Code; except Section 701.1 which is adopted without state amendment; and (b) Chapter 51-57 — State Building Code Adoption and Amendment of the 2006 2009Edition of the Uniform Plumbing Code Standards. (2) The 2006-2009 Uniform Plumbing Code; provided, that in the event of conflicts with the State Plumbing Code adoption of the Uniform Plumbing Code, the state code will prevail. Such conflicts will be reviewed and a determination issued by the building official or their designee. SECTION 23. FWRC 13.25.040 is hereby repealed in its entirety. i. .• No .� . .9 . &TM PqTJL tW fe-ad- as follows! . Amended eefistfuefien doetiments. Changes NN44 the provisions of inteffmfienal Building Code Seetieft 106.4 as amended by FV�RG (3) Seetion 103.4.1 is amended in its entirety to Fead as follows: Ordinance No. l Page 17 of 31 1 50 SECTION 24. FWRC 13.25.050 is hereby repealed in its entirety. 13.25.050 COUBty FUIeS and Fegulations adopted Felating to on site sewage disposal systems. ift afeas net served by sanitafy sew . . A in this Code, septie tanks and dr-ainfield be installed-. SECTION 25. FWRC 13.25.040 is hereby replaced with the following new section: 13.25.040 2009 Amendments. The following amendments to the provisions of the plumbing code adopted in FWRC 13.25.030 are hereby adopted: (1) Chapter 6 of the Uniform Plumbing Code is hereby amended by the addition of a new section: Section 612 Adoption of state regulations Rules and regulations of the state board of health regarding public water supplies entitled "Cross Connection Control Regulation in Washington State" WAC 248-54-250 through 248-54-500 and the American Water Works Association, Pacific Northwest Section's Second Edition of "Accepted Procedure and Practice in Cross - Connection manual" as they presently exist and as they may, from time to time, be amended in the future are hereby adopted by this reference as if set forth in full. Ordinance No. 10 - 51 Page 18 of 31 Rev 1/10 .� SECTION 24. FWRC 13.25.050 is hereby repealed in its entirety. 13.25.050 COUBty FUIeS and Fegulations adopted Felating to on site sewage disposal systems. ift afeas net served by sanitafy sew . . A in this Code, septie tanks and dr-ainfield be installed-. SECTION 25. FWRC 13.25.040 is hereby replaced with the following new section: 13.25.040 2009 Amendments. The following amendments to the provisions of the plumbing code adopted in FWRC 13.25.030 are hereby adopted: (1) Chapter 6 of the Uniform Plumbing Code is hereby amended by the addition of a new section: Section 612 Adoption of state regulations Rules and regulations of the state board of health regarding public water supplies entitled "Cross Connection Control Regulation in Washington State" WAC 248-54-250 through 248-54-500 and the American Water Works Association, Pacific Northwest Section's Second Edition of "Accepted Procedure and Practice in Cross - Connection manual" as they presently exist and as they may, from time to time, be amended in the future are hereby adopted by this reference as if set forth in full. Ordinance No. 10 - 51 Page 18 of 31 Rev 1/10 (2) 103.3.3 Validity of Permit is hereby amended by the addition of a new subsection: 103.3.3.1 Amended Permit When the scope of the project for which the permit was issued is changed the building official may amend the building_ permit. When such fees specified in sections 103.4 have been paid and when changes to the plans and application are approved, the building official shall issue an "amended permit," which includes the approved changes as well as the originalplans and specifications The issuance of such amended permit shall void the original permit. (3) Section 103.3.4 Expiration is hereby amended to read as follows: Everypermit issued by the Authority Having Jurisdiction under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within one hundred and eighty (180) days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred and eighty (180) days. Before such work can be recommenced a new permit shall first be obtained to do so and the fee therefore shall be one- half ('/2) the amount required for a new permit for such work provided no changes have been made or will be made in the original plans and specifications for such work and provided further that such suspension or abatement has not exceeded one (1) year. AU permittee holding an unexpired permit shall be allowed to apply for an extension of the time within which work shall be permitted to commence under the permit when the permittee is unable to commence work within the time required by this section. The Authority Having Jurisdiction shall be permitted to extend the time for action one or more times by the permittee for a period not exceeding one hundred and eighty (180) days upon written request by the permittee In order to renew action on a permit after expiration where such suspension or abatement has exceeded one (1) year, the permittee shall pay a new full permit fee. (4) Section 103.4.1 Permit Fees is hereby amended to read as follows: Fees shall be accessed in accordance with the provisions of the City of Federal Way fee schedule. (5) 103.4.2 Plan Review Fees is hereby amended to read as follows: When a plan or other data is required to be submitted by Section 103.2.2 a plan review fee shall be paid at the time of submitting plans and specifications for review. The plan review fee shall be as set forth in the City of Federal Way fee schedule. (6) Section 103.4.3 Expiration of Plan Review is amended in its entirety: An application for a permit for anyproposed work shall be deemed to have been abandoned 180 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building official is authorized to grant one or more extensions of time for additional periods not exceeding 180 days each The extension shall be requested in writing A new, complete permit implication and full fees must be submitted to restart the review process on M expired application that cannot be extended The new application date is the date of the new submittal. SECTION 26. FWRC 13.30.010 is hereby amended to read as follows: 13.30.010 Code adopted. The following codes, all as amended, added to, or excepted in this title, together with all Ordinance No. 10 - 52 Page 19 of 31 Rev 1/10 amendments and additions provided in this title, are adopted and shall be applicable within the city: (1) Chapter 51-52 WAC — State Building Code Adoption and Amendment of the 2406-2009 Edition of the International Mechanical Code and of the 24)W2009 Edition of the International Fuel Gas Code. SECTION 27. FWRC 13.30.020 is hereby repealed in its entirety. 53 SECTION 28. FWRC 13.30.020 is hereby replaced with the following new section: 13.30.020 Amendments. The following code as amended added to or excepted in this title is adopted and shall be applicable within the city: (1) Chapter 2 Definitions is hereby amended to read in part as follows: CODE OFFICIAL. Shall mean the Building Official. (2) 10 1. 1 Title is hereby amended to read as follows These regulations shall be known as the Mechanical Code of the City of Federal Way, hereinafter referred to as "this code." (3) 103 is hereby deleted in its entirety (4) 104.6 Notices and orders is hereby amended to read as follows: Notices and Orders shall be issued in compliance with FWRC 1. 15.040 (5) 106.3.3 Time limitation of application is hereby amended to read as follows: An application for a permit for any_proposed work shall be deemed to have been abandoned 180 days after the date of filing unless such application has been pursued in good faith or a permit has been issued; except that the building_ official shall have the authority to grant one or more extensions of time for additional periods not exceedingl80 days each. The extension shall be requested in writing A new, complete permit application and full fees must be submitted to restart the review process on any expired application that cannot be extended. The new application date is the date of the new submittal. (6) 106.4.1 Approved construction documents is hereby amended by the addition of a new subsection: 106.4.1.1 Amended Permit When the scope of work for which the permit was issued is changed the building official may amend the building_ permit. When such fees specified in sections 108 have been paid and when changes to the plans and application are approved the building official shall issue an "amended permit," which includes the approved changes as well as the original plans and specifications The issuance of such amended permit shall void the original permit. (7)106.3.2 Preliminary inspection is hereby amended to read as follows: Before a permit is issued the building official is authorized to inspect and evaluate the systems, equipment buildings devices premises and spaces or areas to be used. The building official may require third party review to insure compliance with this code. The cost of such review shall be borne by the applicant in compliance with the city's fee schedule. (8) 106.4.3 Expiration is hereby amended in its entirety: Every_permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days after 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 building official 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 In order to renew action on a permit after expiration the permittee shall pay a new full permit fee. Ordinance No. 10 - 54 Page 21 of 31 Rev 1/10 (9) 106.5.2 Fee schedule is hereby amended to read as follows: The fees for mechanical work shall be accessed in accordance with the provisions of the City of Federal Way Fee Schedule (10) 106.5.3 Fee refunds is hereby amended in its entirety: Fees shall be refunded in accordance with the City of Federal Way Fee Schedule. (11) 108.3 Prosecution of violation is hereby amended to read as follows: If the notice of violation is not complied with promptly, the building official shall take action as prescribed in Article I of the FWRC. (12) 108.4 Violation penalties is hereby amended to read as follows: Persons who shall violate aprovision of this code or shall fail to comply with any of the requirements thereof or who shall erect install alter or repair mechanical work in violation of the approved construction documents or directive of the building official or of a permit or certificate issued under the provisions of this code shall be subject to the provisions of Article I of the FWRC. (13) 108.5 Stop work orders is hereby amended in its entirety: Orders to cease activity. Whenever any work is being done contrary to the provisions of this Code or other pertinent laws or ordinances implemented through the enforcement of this Code, the building official may order the work to cease by issuance of an order to cease activity pursuant to the FWRC 1.15.030. (14) 108.6 Abatement of violation is hereby amended to read as follows: The imposition be as prescribed in Article I of the FWRC. Any person who shall continue any work after having been served with an order to cease activity, except such work as that person is directed to perform to remove a violation or unsafe condition shall be subject to penalties as prescribed by law. (15) 108.7 Unsafe mechanical systems is hereby amended to read as follows: A mechanical system that is unsafe constitutes a fire or health hazard or is otherwise dangerous to human life as regulated by this code is hereby declared as an unsafe mechanical system. Use of a mechanical system regulated by this code constituting a hazard to health safety or welfare by reason of inadequate maintenance dilapidation fire hazard disaster, damage or abandonment is hereby declared an unsafe use Such unsafe equipment and appliances are hereby declared to be a nuisance and shall be abated by repair, rehabilitation demolition or removal in accordance with Article I of the FWRC. (16) 108.7.1 Authority to condemn mechanical systems is hereby amended to read as follows: Whenever the building official determines that any_mechanical system, or portion thereof, regulated by this code has become hazardous to life health property, or has become insanitary, the building official may issue an order to cease activity. The cease activity notice shall be issued pursuant to Section 1 15.03 0 of the FWRC A person shall not use or maintain a defective mechanical system after receiving such notice When such mechanical system is to be disconnected written notice as prescribed in Article I of the FWRC shall be given. In cases of immediate danger to life or property, such disconnection shall be made immediately without such notice. (17) 109.1 Application for appeal is hereby amended to read as follows: Appeals of decisions or determinations made by the building official relative to the application Ordinance No. 10- Page 22 of 31 Rev 1/10 55 and interpretation of this code shall be made to the hearings examiner pursuant to FWRC 13.05.060 (18) 109. 1.1 Limitation of authority is hereby -amended to read as follows: The hearings examiner shall have no authority relative to interpretation of the administration of this code nor shall such hearings examiner be a wered to waive requirements of this code. (19) 109.2 Membership of board is hereby deleted in its entirety: (20) 109.2.1 Qualifications is hereby deleted in its entirety: (21) 109.2.2 Alternate members is hereby deleted in its entirety: (22) 109.2.3 Chairman is hereby deleted in its entirety (23) 109.2.4 Disqualification of member is hereby deleted in its entirety_ (24) 109.2.5 Secretary is hereby deleted in its entirety_ (25) 109.2.6 Compensation of members is hereby deleted in its entirety: (26) 109.3 Notice of meeting is hereby deleted in its entirety_ (27) 109.4 Open hearing is hereby deleted in its entirety_ (28) 109.4.1 Procedure is hereby deleted in its entirety (29) 109.5 Postponed hearing is hereby deleted in its entirety: (30) 109.6 Board decision is hereby deleted in its entirety: (31) 109.6.1 Resolution is hereby deleted in its entirety: 2) 109.6.2 Administration is hereby deleted in its entirety (33) 109.7 Court review is hereby deleted in its entirety: SECTION 29. FWRC 13.3 5.010 is hereby amended to read as follows: 13.35.010 Code adopted. The following code is adopted as amended, added to, or excepted in this title, and shall be applicable within the city. Where this code is in conflict with one or more of the city's adopted codes, the most restrictive shall rule: (1) 2006-2009 Edition of the International Property Maintenance Code, emeept Seetions 111, adopted.303, 907, 908, and 507 are net SECTION 30. FWRC 13.35.030 is hereby repealed in its entirety. Ordinance No. 10 - 56 Page 23 of 31 Rev 1/10 Iraq" I Ordinance No. 10 - 56 Page 23 of 31 Rev 1/10 57 SECTION 31. FWRC 13.3 5.020 is hereby replaced with the following new section: 13.35.020 Amendments. ( 1) 101.1 Title. Ordinance No. 10 - 58 Page 25 of 31 Rev 1/10 �•MMM-MA 101010- if­00101 1Ift- �. - - -QMJ SECTION 31. FWRC 13.3 5.020 is hereby replaced with the following new section: 13.35.020 Amendments. ( 1) 101.1 Title. Ordinance No. 10 - 58 Page 25 of 31 Rev 1/10 These regulations shall be known as the International Property Maintenance Code of City of Federal Way, hereinafter referred to as "this code." (2) 102.3 Application of other codes is hereby amended to read as follows: Repairs additions or alterations to a structure or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building, Code, International Residential Code International Fuel Gas Code International Mechanical-Code, Uniform Plumbing Code National Electrical Code Washington State Energy Code and the Washington State Ventilation and Indoor Air Quality Code Nothing in this code shall be construed to cancel, modify or set aside anyprovision of the Federal Way Revised Code. (3) SECTION 103 is hereby deleted in its entirety (4) 106.2 Notice of violation is hereby amended to read as follows: The code official shall serve a notice of violation or order in accordance with Article I of the Federal Way Revised Code (FWRC). (5) 106.3 Prosecution of violation is hereby deleted in its entirety: (6) 106.4 Violation penalties is hereby deleted in its entirety: (7) 106.5 Abatement of violation is hereby deleted in its entirety: (8) 107.1 Notice to person responsible is hereby amended to read as follows_ Whenever the code official determines that there has been a violation of this code or has Grounds to believe that a violation has occurred notice shall be given in the manner prescribed in Sections 1. 15.040 of the FWRC. (9) 107.2 Form is hereby deleted in its entirety (10) 107.3 Method of service is hereby deleted in its entirety (11) 107.5 Penalties is hereby deleted: (12) SECTION 111 is amended to read as follows: HEARINGS EXAMINER (13) 111.1 General Appeals of orders decisions or determinations made by the building official relative to the application and interpretation of this code shall be made to the hearings examiner pursuant to F WRC 13.05.060. ( 14) 111.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted there under have been incorrectly inteKpreted the provisions of this code do not fully apply. The hearings examiner shall have no authority relative to the interpretation of the administrative provisions of this Code nor shall the hearings examiner be empowered to waive M requirements of this code. (15) SECTION 112 is deleted and replaced in its entirety. ORDER TO CEASE ACTIVITY (16) 112.1 Authority. Orders to cease activity. Whenever any work is being done contrary to the provisions of this Code or other pertinent laws or ordinances implemented through the enforcement of this Code, the building official may order the work to cease by issuance of an order to cease activity pursuant to the FWRC 1.15.030. (17) 112.2 Issuance. Ordinance No. 10 - 59 Page 26 of 31 Rev 1/10 Occupancy violations Whenever any building or structure or equipment therein regulated by this Code is being used contrary to the provisions of this Code the building official may, by issuance of an order to cease activity pursuant to FWRC 1 15.03 0order such use discontinued and the structure, or portion thereof, vacated. (18) 112.3 Unlawful continuance. AM person who shall continue any work after having been served with an order to cease activity, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law. (19) 202 Definitions is hereby amended to read in part: CODE OFFICIAL. Shall mean the Building_ Official. SECTION 32. FWRC 13.45.070 is hereby amended to read as follows: 13.45.070 Deposits — Insurance. An application for a permit under this chapter shall be accompanied by the following: (1) A cash deposit or corporate surety bond in the sum of $1,000 or such greater amount as the building effi director of public works determines necessary as indemnity for any damage which the city may sustain by reason of damage or injury to any highway, street or alley, sidewalk or other property of the city, which may be caused by or be incidental to the removal of any building over, along or across any street in the city and to indemnify the city against any claim of damages to persons or private property; (2) A public liability insurance policy providing $100,000 or such greater amount as the building irector of public works determines necessary to satisfy any claim by private individuals, firms or corporations arising out of, caused by, or incidental to the moving of any building over, along, or across any street in the city; and (3) A cash deposit or a corporate surety performance bond in the sum of $500.00 or such greater amount as the building offiei 'director of public works determines necessary conditioned upon the, within six months from the date of the issuance of such permit: (a) Completing the construction, painting and finishing of the exterior of the building. (b) Faithfully complying with all requirements of this chapter, the building code, the zoning ordinance, and the other ordinances then in effect within the city, including but not limited to permitee completing such work within six months to the date of the issuance of such permit. In the event the provisions of this subsection are not complied with within the time specified, the sum of $500.00 shall be forfeited to the city as a penalty for the default, and this shall be in addition to any other penalties provided for failure to comply within the terms of this chapter. SECTION 33. FWRC 13.55.020 is hereby amended to read as follows: 13.55.020 Fire code adopted. The following code, as amended, added to, or excepted in this title, together with all amendments and additions provided in this title, is adopted and shall be applicable within the city: (1) The following chapter of the Washington Administrative Code as presently constituted or as may be subsequently amended: Ordinance No. 10 - 60 Page 27 of 31 Rev 1/10 (a) Chapter 51-54 WAC, State Building Code Adoption and Amendment of the 20069 Edition of the International Fire Code, including Appendices B, C, E_ aad-F, I and I State amendments to Sections 308.3.4, 308.3.5, 308.3.7, 503.1 through 503.4, 903.2.10.3 and 3006.4 are not adopted for any buildings. SECTION 34. FWRC 13.55.030 is hereby amended to read as follows: 13.55.030 Amendments. The following amendments to the fire code adopted in FWRC 13.55.020 are hereby adopted: (1) Section 101.1 Title. These regulations shall be known as the Fire Code of the City of Federal Way hereinafter referred to as "this code." (42) Section 307.1.1 is amended to read as follows: Prohibited open burning. Open burning within the city limits shall be prohibited. (3) Section 510.2 Radio signal strength is hereby amended to read as follows: The building shall be considered to have acceptable emergency responder radio coverage when signal strength measurements in 95 percent of all areas on each floor of the building and all areas of all elevators meet the signal strength requirements of Sections 510.2.1 and 510.2.2. (24) Section 906.1 exception to item 1 is deleted in its entirety. (5) Section 914.3.1 Automatic sprinkler system is hereby amended by the deletion of number 1 to the exception: Buildings and structures shall be equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 and a secondary water supply where required by Section 903.3.5.2. Exception: An automatic sprinkler system shall not be required in spaces or areas of: 2. Telecommunications equipment buildings used exclusively for telecommunications equipment associated electrical power distribution equipment, batteries and standby engines, provided that those spaces or areas are equipped throughout with an automatic fire detection system in accordance with Section 907.2 and are separated from the remainder of the building by not less than 1 -hour fire barriers constructed in accordance with Section 707 of the International Building_ Code or not less than 2 -hour horizontal assemblies constructed in accordance with Section 712 of the International Building Code, or both. (36) Section 1008.1.8.3 item 2.1 is deleted in its entirety. (47) Section 3304.1 is amended in its entirety to read as follows: General. The storage of explosives and blasting agents within the city is prohibited. Exception. The fire chief may issue a special permit for such storage where it appears in his or her judgment there will be no undue danger to persons or property. SECTION 35. FWRC 13.55.040 is hereby amended to read as follows: 13.55.040 Fire alarm system. All occupancies exceeding 3,000 square feet gross floor area shall be required to provide an approved automatic fire deteetienalarm system. Fire walls as noted in Section 70-56 of the Ordinance No. 10- Page 28 of 31 Rev 1/10 61 International Building Code shall not be considered to separate a building to enable deletion of the required fire alarm system. (1) Exceptions: (a) Group U or R, Division 3, occupancies; (2) Occupancies protected throughout by an approved/monitored automatic sprinkler system can delete heat detectors from the system. SECTION 36. FWRC 13.55.050 is hereby amended to read as follows: 13.55.050 Sprinkler installation. Fire sprinkler systems shall be installed: (1) In all Group R, Division 3, occupancies exceeding 2,983,600 square feet gross floor area (including attached garages) without adequate fire flow except as cited. (2) In all R-3 occupancies without approved fire department access as defined in Section 503 of the International Fire Code. () T 11 Gfoup D Divisien 7 having dffeoor- fnefe levels eentaining five more dwelling units and Oreup 7 ien 7 eeeupaneies having dffee or- more floor- levels e 11 /1 7 floor- levelshall be defined as that pet4ion of a building ifieludedd between the iipper- suffaee of any fleer- and the sur-faee of the nex4 floor- o r-eef above. Fire walls as noted in Seetion 7056 of the intema4ional Building Cade shall not be eensider-ed to separ-eAe a building too able deletion of the « r -ed lira n .,Clef system. (4) In Group A occupancies that are used as nightclubs and discos where no alcohol is served and where the total gross floor area exceeds 5,000 square feet. Fire walls as noted in Section 70-56 of the International Building Code shall not be considered to separate a building to enable deletion of the required fire sprinkler system. (5) In all other occupancies requiring 2,000 gallons per minute or more fire flow, or where the total floor area included within the surrounding exterior walls on all floor levels, including basements exceeds 5,000 square feet. Fire walls, as noted in Section 70-56 of the International Building Code, shall not be considered to separate a building to enable deletion of the required fire sprinkler system. Group U occupancies are excepted from this subsection. (6) In all occupancies where the building is classified as an overwater structure. Section 37. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Ordinance No. 10 - 62 Page 29 of 31 Rev 1/10 Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 38. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 39. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 40. Effective Date. By unanimous consent, the City Council finds that this ordinance is needed for the immediate preservation of public peace, health and safety and is not subject to initiative or referendum. This ordinance shall take effect and be in force on July 1, 2010. PASSED by the City Council of the City of Federal Way this day of 20 ATTEST: Ordinance No. 10 - CITY OF FEDERAL WAY MAYOR, LINDA KOCHMAR 63 Page 30 of 31 Rev 1/10 CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 10- 64 Page 31 of 31 Rev 1/10