AG 01-147 - FEDERAL WAY FIRE DEPARTMENT
DATE IN,
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CITY DF FEDERAL WAY LAW DEPARTMENT
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COMMENTS
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INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND
FEDERAL WAY FIRE DEPARTMENT, RELATING TO DEVELOPMENT
REVIEW PROCESS AND THE ENFORCEMENT OF THE UNIFORM FIRE
CODE.
THIS AGREEMENT is made and entered this date by and between Federal Way Fire
Department, a political subdivision of the State of Washington (hereinafter referred to as
the "District") and the City of Federal Way, a non-charter optional municipal code city,
incorporated under the laws of the State of Washington (hereinafter referred to as the
"City").
WHEREAS, the City has adopted land use regulations and a series of safety codes having
to do with the building, maintenance, and use of structure and their occupancies,
including the Uniform Building Code (UBC) and the Uniform Fire Code (UFC), and
WHEREAS, the District has a fully functional Fire Prevention Division, staffed with
trained personnel that regularly conducts fire code safety inspections and plan review in
an area that includes the City, and
WHEREAS, the District has provided fire code safety inspections for the City since the
City was incorporated in 1990 through an Interlocal Agreement entitled THE
INTERLOCAL AGREEMENT BETWEEN THE CITY OF FEDERAL WAY AND
KING COUNTY FIRE PROTECTION DISTRICT NUMBER 39, RELATING TO
DEVELOPMENT REVIEW PROCESS AND THE ENFORCEMENT OF THE
UNIFORM FIRE CODE ("1990 Interlocal"); and
WHEREAS, the parties to the interlocal agreements referenced above wish to terminate
that agreement in order to update various provisions as set forth in this Agreement,
NOW THEREFORE, pursuant to the provisions of the Interlocal Cooperation Act,
Chapter 39.34 RCW, the City and the District agree as follows: In consideration of the
mutual terms, provisions and obligations contained herein, it is agreed by and between
the City and the District as follows:
I. The District will appoint a representative( s) to participate in the City's
development review process. This will include such items as Site Plan Review
process, Community Development Review Committee, Pre-Construction
conferences, and code enforcement. The City will advise the District in a timely
manner of meetings that require their attendance.
ORI SINAL
2. The District will carry out the intent of the Uniform Fire Code (UFC) for the City
by conducting inspections, investigations, performing plan review, and
maintaining a Fire Prevention Division. All references to the UFC in this
document refer to the 1997 UFC as it now exists or as is hereafter amended.
Inspections of existing occupancies will be conducted as follows:
a. Inspections are to be performed as per section 103.3.1.1 and Section 105.4
of the UFC as presently constituted or subsequently amended.
b. Inspections in accordance with Section 103.1.1 and 105.4 shall be
conducted at least one time during every two-year period, except Group A
and H occupancies, which shall be inspected on an annual basis. In all
cases the inspections are to be conducted in a regularly scheduled manner.
c. The District will serve written notice of violations of the UFC to the
property and/or business owner as is appropriate. Re-inspection of failed
inspections will be conducted not more than 30 calendar days after the
initial inspection. The thirty-day limit may be exceeded if so doing does
not endanger persons occupying or accessing the occupancy and the fire
inspector sets and documents in writing a date certain for re-inspection.
d. If compliance is not achieved after the first re-inspection, a second written
notice will be served.
e. If after a second re-inspection for violation, a non-compliance still exists,
then the Fire Marshal shall confer with the Building Official and jointly
prepare the enforcement action.
£. At the time of the first inspection, Fire Department Inspectors will
determine if a valid permit is held by occupancies requiring a permit,
pursuant to UFC Article 4. If a valid permit is not held, the inspector will
take appropriate action to inform the occupant ofthe local requirements.
g. Notwithstanding the foregoing, immediate enforcement and or other
actions may be undertaken by the City in lieu of warnings or reinspections
ifto do so is necessary to comply with applicable law or for other
circumstances as determined by the City. The District shall refÌain fÌom
performing any of the services specified in this paragraph upon request by
the City.
3. The District will conduct Fire Investigations in conformance with the UFC and
other local, state or federal regulations. Fire investigators will advise the City's
Building Official of structure fires as soon as possible but no later than the
conclusion of the initial investigation, and prior to any work being done by a
contractor to repair fire damage. All investigations involving the crimes of arson
or mischievous burning are to be conducted and the appropriate police agency
notified. This does not preclude any coordination or cooperation of any other
appropriate agency.
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4. A copy of plans submitted to the City for building construction and/or alteration
will be submitted to the District for review. Generally, the District will be
responsible for determining:
a. Fire hydrant locations.
b. Locations of Fire Department connections for standpipes and sprinkler
systems.
c. Key box locations and approvals.
d. Fire flow availability in areas where the Water/Sewer District does not
have sufficient information
e. Road access to property and buildings for rue fighting purposes, including
designating fire lanes.
f. Fire sprinkler and fire alarm modifications.
5. The District will review plans for Automatic Fire Suppression Systems and Fire
Alarm and/or Detection Systems. Associated electrical installations will be
reviewed and permitted separately by the City.
6. The District will assist the City as necessary, to perform field inspections during
various stages of construction on new and renovated buildings.
7. The District will be responsible for witnessing tests of Automatic Fire
Suppression Systems and Fire Alarm and/or Detection Systems. Such tests are to
be performed by the installer.
8. The City and the District will jointly conduct final inspections of new buildings.
9. For such assistance of enforcing the codes and ordinances as adopted by the City,
the City agrees to pay the District on a quarterly basis as follows:
a. For assistance with plan review and inspection of buildings classified as
Group A, B, E, F, H, I, M, RI, and S Occupancies as set forth in the UBC,
the Fire Department Plan Check Fee collected pursuant to the Uniform
Fire Code Fee Resolution as adopted by the City.
b. For assistance with plan review and inspection of Automatic Fire
Suppression Systems and Fire Alarm and/or Detection Systems, the Fire
Department Plan Check Fee and the Fire Department Permit Fee for such
systems collected pursuant to the Uniform Fire Code Fee Resolution as
adopted by the City.
10. The District will review applications and perform field inspections of public
fireworks displays to ensure compliance of applicable State and City laws.
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11. The Chief of the District or the Chief's designee, and the City Manager or the
Manager's designee shall administer this agreement.
12. (a) The City is contracting with the District to obtain the expertise, which the
District acknowledges, and warrants its personnel possess. The employees of the
District performing services under this Agreement shall, under no circumstances,
be construed as being employees of the City. The District, with respect to the
services provided by the District pursuant to this Agreement, hereby agrees to
indemnify, defend and hold the City harmless from any and all claims for
personal injury, property damage or other claims of any nature whatsoever arising
out of the acts, omissions, or performance of any of the District's personnel in
carrying out services contracted to be provided under this Agreement. Said
agreement of indemnification shall include indemnification by the District of the
City for any claims for injuries made by the District's agents or employees against
the City, not withstanding any immunities that might otherwise have been
available to the District by virtue ofthe Workman's Compensation Act, Title 51
RCW.
(b) The City, with respect to this Agreement, hereby agrees to indemnify, defend
and hold the District harmless from any and all claims for personal injury,
property damage or other claims of any nature whatsoever arising out of the acts,
omissions, or performance of any of the City's personnel in carrying out services
contracted to be provided under this Agreement.
13. The 1990 Interlocal, as identified in the recitals of this Agreement, is hereby
terminated as of the date of this Agreement.
14. Either party may terminate this Agreement upon sixty (60) days written notice
unless a shorter period is mutually agreed upon the by the parties. Paragraph 12
of this Agreement shall survive termination.
15. Any notices required to be given by the City or by the District shall be delivered
to the Parties at the addresses set forth below.
City:
DiStrict:~ ~~-D \
~\~A ..
~ Illistrator
Federal ay Fire Department
316171stAvenueS.
Federal Way, W A 98003
City Manager
City of Federal Way
33530 1 st Way S.
P. O. Box 9718
Federal Way, WA 98063-9718
16.
Filing of Agreement. This Agreement shall be filed with the City Clerk of the
each municipality and the King County Auditor as required by law.
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The foregoing items are not intended to be all-inclusive, but to demonstrate intent of a
cooperation needed to comply with the codes and goals of the City and the District.
IN WITNESS THEREOF, the parties have executed this Agreement.
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