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ORD 17-835ORDINANCE NO. 17 -835 AN ORDINANCE of the City of Federal Way, Washington, relating to construction standards for fixed guideway transit and passenger rail systems and adding new sections to Chapter 13.31 FWRC. WHEREAS, the International Fire and Building Codes do not specifically address the design or construction of light rail facilities; and WHEREAS, the City has been working in conjunction with Sound Transit to develop common design standards for the fixed guideway transit and passenger rail system for the Federal Way Link Extension; WHEREAS, the City finds that a common national standard should be used to address design and safety standards; and WHEREAS, the National Fire Protection Association 130 Standard for Fixed Guideway Transit and Passenger Rail Systems ( "NFPA 130 ") was developed specifically to address the life safety for passenger rail systems and stations; and WHEREAS, the NFPA 130 specifies fire protection and life safety requirements for underground, surface, and elevated fixed guideway transit and passenger rail systems; and WHEREAS, the NFPA 130 has been used throughout the United States for the design and construction of passenger rail systems; and WHEREAS, the City Council finds that it is in the best interest of the public health, safety, and welfare to establish comprehensive, uniform, and current high capacity transit design standards and improved fire safety standards in the Federal Way Revised Code by adopting the NFPA 130 with amendments. Ordinance No. 17 -835 Page 1 of 5 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 13.31 of the Federal Way Revised Code is hereby amended to add a new section 13.31.060 to read as follows: 13.31.060 NFPA 130 Standard for Fixed Guideway Transit and Passenger Rail Systems adopted. The city adopts the NFPA 130 Standard for Fixed Guideway and Passenger Rail Systems (NFPA 130) as published by the National Fire Protection Association as now existing or amended by reference. Section 2. Chapter 13.31 of the Federal Way Revised Code is hereby amended to add a new section 13.31.070 to read as follows: 13.31.070 NFPA 130 Standard for Fixed Guideway Transit and Passenger Rail Systems amended. The NFPA 130, adopted by reference in FWRC 13.31.060, is amended as follows: (1) NFPA 130 Standard Section 1.1.1 is hereby amended as follows: 1.1.1 This standard shall cover life safety from fire and fire protection requirements for fixed guideway transit and passenger rail systems including, but not limited to, stations., trainways, emergency ventilation systems, vehicles, emergency procedures, communications., and control systems. NFPA 130 as adopted and amended by the City of Federal Way is the primary applicable code., and other codes apply only as referenced herein, except that the fire marshal and building official shall have the authority to require design to other adopted codes where deemed appropriate. Wherever there are practical difficulties involved in carrying out the provisions of this code, the fire marshal and building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner's representative, provided the fire marshal and building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the appropriate permit files. Ordinance No. 17 -835 Page 2 of 5 (2) NFPA 130 Standard Section 1.1.3 is hereby amended as follows: 1.1.3 This standard shall not cover requirements for the following: (1) Conventional freight systems (2) Buses and trolley coaches (3) Circus trains (4) Tourist, scenic, historic, or excursion operations (5) Any other system of transportation not included in the definition of fixed guideway transit (see NFPA 130 Section 3.3.52.1) or passenger rail system (see NFPA 130 Section 3.3.52.2) (6) Shelter stops (7) Ancillary facilities such as parking structures or vehicle maintenance facilities (8) Occupied building or structure areas not directly related to fixed guideway transit and passenger rail systems, as determined by the Fire Marshal and Building Official. (3) NFPA 130 Standard Section 1.4 is hereby amended as follows: 1.4 Equivalency. The building official and the fire marshal shall have the authority to evaluate and approve or reject alternative materials, design, and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code; provided, that any such alternative has been approved. An alternative material, design or method of construction may be approved where the building official and fire marshal find that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the NFPA 130 in quality, strength, effectiveness, fire resistance, durability, and life safety. (4) NFPA 130 Standard Section 2.1 is hereby amended as follows: 2.1 General. The documents or portions thereof listed in this chapter are referenced within this standard and shall be considered part of the requirements of this document. Initial construction shall comply with the specific edition of each standard as listed herein. The applicable codes for future additions, alterations, or repairs shall be determined by the building official and fire marshal. (5) NFPA 130 Standard Section 4.9 is added as follows: 4.9 General Precautions. International Fire Code Chapter 3 shall govern the occupancy and maintenance for precautions against fire and spread of fire and general requirements for fire safety. Ordinance No. 17 -835 Page 3 of 5 Section3. 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 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 4. 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 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this 6th day of June, 2017. Ordinance No. 17 -835 Page 4 of 5 ATTEST: d!J , HANIE COURTNEY, C , CITY CLERK CITY OF FEDERAL WAY: APPROVED AS TO FORM: cda J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: 05 /12/2017 PASSED BY THE CITY COUNCIL: 06/06/2017 PUBLISHED: 06/09/2017 EFFECTIVE DATE: 07/09/2017 ORDINANCE NO.: 17 -835 Ordinance No. 17 -835 Page 5 of 5