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Home My WebLink AboutREGULAR COUNCIL - 03 Mar 2014 - Agenda - PdfAGENDA RENTON CITY COUNCIL REGULAR MEETING March 3, 2014 Monday, 7 p.m. 1.CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2.ROLL CALL 3.SPECIAL PRESENTATION a. Fire & Emergency Services Department Promotions 4.ADMINISTRATIVE REPORT 5.AUDIENCE COMMENT (Speakers must sign up prior to the Council meeting. Each speaker is allowed five minutes. The first comment period is limited to one-half hour. The second comment period later on in the agenda is unlimited in duration.) When you are recognized by the Presiding Officer, please walk to the podium and state your name and city of residence for the record, SPELLING YOUR LAST NAME. 6.CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a. Approval of Council meeting minutes of 2/24/2014. Council concur. b. City Clerk reports bid opening on 2/13/2014 for CAG-14-005, Maplewood WTP Access Platforms and Fall Protection Improvements project; nine bids; engineer's estimate $159,306.08; and submits staff recommendation to award the contract to the low bidder, General Mechanical, Inc., in the amount of $158,556. Council concur. c. Administrative Services Department recommends approval of a three-year contract with King County for Institutional Network (I-Net) service and support in the amount of $13,860 per year. Refer to Finance Committee. d. Community and Economic Development Department recommends adoption of the 2012 International Building and Fire Codes with local amendments. Refer to Planning and Development Committee and Public Safety Committee. 7.UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a. Community Services Committee: Zwicker Appointment to City Center Community Plan Advisory Board b. Public Safety Committee: Amend RMC 1-3-3 Chronic Nuisance Premises Liens* Page 1 of 221 8.RESOLUTIONS AND ORDINANCES Ordinance for first reading: a. Amend RMC 1-3-3, Chronic Nuisance Premises Liens (See 7.b.) 9.NEW BUSINESS (Includes Council Committee agenda topics; call 425-430-6512 for recorded information.) 10.AUDIENCE COMMENT 11.ADJOURNMENT COMMITTEE OF THE WHOLE AGENDA (Preceding Council Meeting) COUNCIL CHAMBERS March 3, 2014 CANCELED 7TH FLOOR CONFERENCING CENTER March 3, 2014 Monday, 6:30 p.m. Fire & Emergency Services Department Promotion Reception • Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk • CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 AND ARE RECABLECAST: Tues. & Thurs. at 11 AM & 9 PM, Wed. & Fri at 9 AM & 7 PM and Sat. & Sun. at 1 PM & 9 PM Page 2 of 221 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Contract Award for Bid Opening on 2/13/2014; CAG-14-005 Maplewood WTP Access Platforms and Fall Protection Improvements Project Meeting: REGULAR COUNCIL - 03 Mar 2014 Exhibits: Staff Recommendation Bid Tab (nine bids) Submitting Data: Dept/Div/Board: City Clerk Staff Contact: Bonnie Walton, City Clerk, ext. 6502 Recommended Action: Council Concur Fiscal Impact: Expenditure Required: $ 158,556.00 Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ 210,000.00 City Share Total Project: $ SUMMARY OF ACTION: Engineer's Estimate: $159,306.08 In accordance with Council procedure, bids submitted at the subject bid opening met the following three criteria: There was more than one bid, the low bid was within total project budget, and there were no significant irregularities with the low bid. Therefore, staff recommends accepting the low bid submitted by General Mechanical, Inc., in the amount of $158,556.00 for the Maplewood WTP Access Platforms and Fall Protection Improvements project. STAFF RECOMMENDATION: Accept the low bid from General Mechanical, Inc., in the amount of $158,556.00 for the Maplewood WTP Access Platforms and Fall Protection Improvement project and authorize the Mayor and City Clerk to sign. 6b. - City Clerk reports bid opening on 2/13/2014 for CAG-14-005, Maplewood Page 3 of 221 6b. - City Clerk reports bid opening on 2/13/2014 for CAG-14-005, Maplewood Page 4 of 221 6b. - City Clerk reports bid opening on 2/13/2014 for CAG-14-005, Maplewood Page 5 of 221 6b. - City Clerk reports bid opening on 2/13/2014 for CAG-14-005, Maplewood Page 6 of 221 6b. - City Clerk reports bid opening on 2/13/2014 for CAG-14-005, Maplewood Page 7 of 221 6b. - City Clerk reports bid opening on 2/13/2014 for CAG-14-005, Maplewood Page 8 of 221 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: King County -INET Meeting: REGULAR COUNCIL - 03 Mar 2014 Exhibits: King County I-Net Contract Resolution Submitting Data: Dept/Div/Board: Administrative Services Staff Contact: Mehdi Sadri, Information Technology Director, x- 6886 Recommended Action: Refer to Finance Committee Fiscal Impact: Expenditure Required: $ 13,860 Transfer Amendment: $ Amount Budgeted: $ 13,860 Revenue Generated: $ Total Project Budget: $ 13,860 City Share Total Project: $ SUMMARY OF ACTION: King County operates and maintains the Institutional Network and offers access to Internet and Inter Governmental Network (I-Net services) to municipal, county, school, library and other governmental, educational and non-profit agencies. City of Renton has been utilizing KC I-Net at its primary Internet Service Provider (ISP) and wants to continue to purchase I-Net services. This agreement adds new data center services and higher bandwidth to the list of services KC can provide. Services the City is purchasing include 100 MBPS connection to the internet and IGN and two additional blocks of internet addresses. STAFF RECOMMENDATION: Approve the agreement with King County for I-Net services authorizing the Mayor and City Clerk to execute and adopt the Resolution. 6c. - Administrative Services Department recommends approval of a three-year Page 9 of 221 Institutional Network Services This Contract, number 02COR14, is made this _______________ by and between King County, Washington, with its principal place of business at 401 5th Avenue, Suite 600, Seattle, WA (hereinafter “County”) and City of Renton, with its principal place of business at 1055 S. Grady Way, Renton, WA (hereinafter “Customer”), collectively the “Parties”. i.Preface This Contract includes these terms and conditions and Attachments A through O. ii.Recitals WHEREAS, the County operates and maintains the Institutional Network (hereinafter “I- Net”); and WHEREAS, the County offers I-Net services to municipal, county, school, library and other governmental, educational and non-profit agencies; and WHEREAS, the Customer wants to purchase I-Net services as defined below; and WHEREAS, the Customer agrees that it will use I-Net facilities and services solely for educational, public access television channel, County and government communication purposes, and not for any for-profit commercial purposes by itself or third parties; and WHEREAS, the purpose of this Contract is to establish the contractual, service and support responsibilities between the County and the Customer. NOW, THEREFORE, in consideration of the payments, covenants, and obligations contained herein, the Parties mutually agree as follows: iii.Entire Agreement This Contract contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Contract. No oral representations or other agreements have been made by the Parties. IN WITNESS, THEREOF, the Parties have executed this Contract. KING COUNTY CITY OF RENTON Print Name:Print Name: Denis Law Signature:Signature: Title: Title: Mayor Date:Date: _______________________Date:________ Approved as to form By: City Attorney _______________________Date:________ Attest: City Clerk: 6c. - Administrative Services Department recommends approval of a three-year Page 10 of 221 TABLE OF CONTENTS i.Preface ......................................................................................................................................................1 ii.Recitals .....................................................................................................................................................1 iii.Entire Agreement..................................................................................................................................1 1. Definitions ...............................................................................................................................................3 2. Use of the I-Net .......................................................................................................................................3 3. Term of Contract .....................................................................................................................................3 4. Notices .....................................................................................................................................................3 5. Charges and Payment Procedures ...........................................................................................................3 5.1 Invoiced Charges ..............................................................................................................................3 5.2 Installation and Monthly Fees ..........................................................................................................3 5.3 Invoicing and Payment .....................................................................................................................4 5.4 New Site Costs .................................................................................................................................4 5.5 Services Activations and Changes....................................................................................................4 6. Reporting .................................................................................................................................................4 7. Subcontracting .........................................................................................................................................5 8. Insurance..................................................................................................................................................5 9. Indemnification........................................................................................................................................5 9.1 Limitation of Liability ......................................................................................................................5 9.2 Risk of Loss ......................................................................................................................................5 9.3 Warranty Disclaimer by the County .................................................................................................6 9.4 Customer Warranties ........................................................................................................................6 9.5 Survival.............................................................................................................................................6 10. Contract Change Orders ......................................................................................................................6 11. Force Majeure ......................................................................................................................................6 12. Severability ..........................................................................................................................................7 13. Nondiscrimination ...............................................................................................................................7 14. Termination .........................................................................................................................................8 15. Applicable Law and Forum .................................................................................................................8 15.1 Dispute Resolution ...........................................................................................................................8 15.2 Mediation ..........................................................................................................................................8 16. Services to Be Provided by I-Net ........................................................................................................8 16.1 Service Types ...................................................................................................................................8 16.2 Redundant Front Door (RFD)..........................................................................................................8 16.3 Demarcation Device .........................................................................................................................8 16.4 Network Infrastructure Upgrade and Migration ...............................................................................9 17. Service Levels .....................................................................................................................................9 18. Services Not Currently Provided by I-Net ..........................................................................................9 19. Service Requirements ..........................................................................................................................9 20. Security ..............................................................................................................................................10 21. Nonwaiver of Breach .........................................................................................................................10 22. No Third Party Agreement ................................................................................................................10 23. Taxes...................................................................................................................................................10 Attachment A – Sites(s) Covered Thru 3/31/2017 .........................................................................................11 Attachment B – I-Net Connectivity Change Request Form ...........................................................................12 Attachment C - Acceptable Use Policy ..........................................................................................................13 Attachment D - Definitions ............................................................................................................................15 Attachment E - Key Persons...........................................................................................................................20 Attachment F - Termination ...........................................................................................................................21 Attachment G - Service Offerings Thru 3/31/2017 ........................................................................................22 Attachment H –Service Levels .......................................................................................................................27 Attachment I – IPV4 Addresses .....................................................................................................................30 Attachment J – Evidence of Insurance Coverage ...........................................................................................31 Attachment K – I-Net Rate Card ....................................................................................................................32 Attachment L – Customer Network Topology ...............................................................................................33 Attachment M – Customer Access to I-Net SharePoint Site ..........................................................................34 Attachment N – Data Center Services Rate Card ...........................................................................................35 Attachment O – Colocation Agreement .........................................................................................................36 6c. - Administrative Services Department recommends approval of a three-year Page 11 of 221 City of Renton 3 of 36 CONTRACT NO. 02COR14 1.Definitions Words and terms Shall be given their ordinary and usual meanings. Where used in the Contract documents, the words and terms contained in Attachment D - Definitions Shall have the meanings indicated therein. The meanings Shall be applicable to the singular, plural, masculine, feminine and neuter of the words and terms. 2.Use of the I-Net The I-Net services provided under this Contract are for the exclusive use of the Customer at the authorized Sites. Use of I-Net services by organizations other than those listed in Attachment A - Site(s) Covered must be approved in advance in writing by the County. Allowing any other Site or agency to connect to or use I-Net services is a material breach of this Contract and may be cause to terminate service in whole or in part. Customers may use the I-Net solely for educational, public access television channel and County and government communication purposes and not for any for-profit commercial purposes. Contrary use could result in the County losing the right to use most of the fibers that make up the I-Net. Customer covenants that it will comply with this requirement, and will monitor and regulate the traffic content it transports on the network to ensure its compliance with this requirement. This requirement does not prevent the Customer from collecting fees from Users to pay the direct costs of providing non-commercial services, such as fees for video class instruction or charges to recover the cost of special use equipment. See also, Attachment C – Acceptable Use Policy. The Customer agrees that it Shall not resell any of the services provided under this Contract and Shall comply with Attachment C – Acceptable Use Policy. 3.Term of Contract This Contract is effective upon execution by both Parties for a term of three (3) years, subject to: (a) the terms and conditions of the County’s franchise agreements with Comcast, WAVE, and any other franchisees and related I-Net lease agreements and obligations, as amended or renewed, and (b) the Parties termination rights under Attachment F. Thereafter, this Contract may be renewed upon execution of an amendment that may include a revised Attachment A, Attachment G, Attachment H, Attachment K and/or Attachment N for additional three (3) year terms. 4.Notices Any notice provided by one Party to the other Party under Attachment F – Termination Shall be in writing and sent by certified or registered mail, return receipt requested. All other notice Shall be in writing but may be provided by email. The effective date of a notice is the date on which one Party receives the notice from the other Party. If to the County, notice under Attachment F Shall be sent to the I-Net Business Manager as identified in Attachment E. If to the Customer, notice under Attachment F Shall be sent to the Primary contact as identified in Attachment E. For all other matters, notice shall be sent to the Key Person(s) as specified in Attachment E. 5.Charges and Payment Procedures 5.1 Invoiced Charges A service cost summary applicable to the Contract is provided in Attachment A – Sites(s) Covered. I-Net charges will begin on the Date of Activation. 5.2 Installation and Monthly Fees A table indicating Customer Sites, services and costs as provided by this Contract is shown in Attachment A – Sites(s) Covered. The County reserves the right to review and amend pricing at the end of each term of this Contract. 6c. - Administrative Services Department recommends approval of a three-year Page 12 of 221 City of Renton 4 of 36 CONTRACT NO. 02COR14 5.3 Invoicing and Payment Charges will be invoiced monthly (12 invoice periods per year). Payment is due within thirty (30) Days of receipt of invoice. Thereafter, interest will be charged as allowable by law but in no event Shall be more than one (1) percent per Month on the balance due. 5.4 New Site Costs Additional Sites may be added during the term of this Contract upon execution of an amendment to this Contract which will include a revised Attachment A - Site(s) Covered. Upon request, the County will prepare a written estimate of the costs necessary to design, prepare, install and connect the new Site to the I-Net, and the service fees. To request an additional site, the Customer must complete Attachment B – I-Net Connectivity Change Request Form. 5.5 Services Activations and Changes Services will not be activated until the Customer completes and the County approves Attachment B – I-Net Connectivity Change Request Form. 5.5.1 Service Changes A Service Change is defined as one that requires I-Net configuration changes, equipment moves or add-ons. Additional charges may occur based on Attachment K – I-Net Rate Card. All Service Change requests Shall be in writing from the Customer using Attachment B – I-Net Connectivity Change Request Form. A service ticket will be generated and evaluated to assess engineering issues and determine whether the Service Change is a no-cost change or an additional cost change. Additional cost changes must be approved in writing by the Customer and the cost will be added to the Customer’s invoice in the next billing cycle. The County will typically implement the requested change in service within ten (10) Days after receiving an I-Net Connectivity Change Request Form. 5.5.2 Customer Network Architecture Changes The Customer Shall provide a minimum of sixty (60) Days’ written notification for all requests for design or architecture changes to the Customer’s network using Attachment B – I-Net Connectivity Change Request Form. The County will review the request and evaluate for compatibility with I-Net equipment and services. If the architecture change is complex in nature, the County may request additional time to perform its review. If an architecture change is made to the Customer’s topology without consultation with the County, the County will have the right to request the topology revert to the original design, assess new fees based on the new topology, or the County may terminate service per Attachment F – Termination. 5.5.3 No-Cost Changes Bandwidth Services (Transport and Internet) include one no-cost Service Change per Site, per year as part of this Contract price. 6.Reporting The I-Net Network Operations Center will actively monitor the state of the network (e.g., alarms and errors, Bandwidth utilization, and availability). Reports on the Customer’s service will be used as part of the annual Contract review. 6c. - Administrative Services Department recommends approval of a three-year Page 13 of 221 City of Renton 5 of 36 CONTRACT NO. 02COR14 7.Subcontracting The County may subcontract for some or all of the services covered by this Contract. 8.Insurance During the term of the Contract both Parties Shall maintain Commercial General Liability Insurance with limits of not less than $1 million combined single limit per occurrence, $2 million aggregate. Such coverage shall include Stop Gap/Employers Liability coverage in the amount of $ 1,000,000. The above policies Shall cover or be endorsed to cover the other Party, its officers, officials, employees and agents as an additional insured to include but not be limited to ongoing operations and products-completed operations. If either Party is a municipal corporation or an agency of the state of Washington and is self-insured or a member of the Washington Cities Insurance Corporation for any of the above insurance requirements, a certificate of self-insurance or a letter of coverage Shall be attached hereto as Attachment J – Evidence of Insurance Coverage and be incorporated by reference and Shall constitute compliance with this section. By requiring such minimum insurance, neither Party Shall be deemed or construed to have assessed the risks that may be applicable to the other Party under this Contract. Each Party Shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. 9.Indemnification Each Party Shall protect, defend, indemnify, and save harmless the other Party, its officers, officials, employees, and agents from and against any and all costs, claims, judgments, and/or awards of damages, for injuries to persons and/or damage to tangible property, arising out of or in any way resulting from each Party’s own negligent acts or omissions associated with the I-Net services provided by the Contract to the extent each Party is liable for such acts or omissions. . Each party agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance act, RCW Title 51, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor’s employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. In the event the indemnified Party incurs any costs including attorney fees to enforce the provisions of this paragraph, all such costs and fees Shall be recoverable from the indemnitor. 9.1 Limitation of Liability Limitation of Liability and Damages; Exclusion of Damages. Notwithstanding the above paragraph in Section 9, all liability, claims, loss or damage arising out of Customer’s use of INET or any other goods or services provided under this Contract is at the sole risk of the Customer and its Users. IN NO EVENT WILL COUNTY BE LIABLE HEREUNDER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, LOST PROFITS, LOST SALES OR ANTICIPATED ORDERS, OR DAMAGES FOR LOSS OF GOODWILL, LOSS of DATA, EVEN IF COUNTY WAS INFORMED OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. County’s sole liability for damages will be limited to direct damages in the amount of One Hundred Dollars ($100). 9.2 Risk of Loss Customer and Users Shall be responsible for loss of or damage to all equipment provided to the Customer under the terms of this Contract however caused. 6c. - Administrative Services Department recommends approval of a three-year Page 14 of 221 City of Renton 6 of 36 CONTRACT NO. 02COR14 9.3 Warranty Disclaimer by the County EXCEPT AS PROVIDED IN ATTACHMENT H – SERVICE LEVELS, INET OR ANY OTHER GOODS OR SERVICES PROVIDED UNDER THIS CONTRACT IS PROVIDED BY COUNTY “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, SUPPORT, OR UPDATES OR REPRESENTATIONS WHATSOEVER. CUSTOMER ACKNOWLEDGES THAT IT IS NOT RELYING ON ANY WARRANTIES OR REPRESENTATIONS MADE BY THE COUNTY IN ENTERING INTO THIS CONTRACT. ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED. STATUTORY, OR OTHERWISE REGARDING THE SERVICES OR GOODS, INCLUDING WITHOUT LIMITATION THE CONDITION, QUALITY, FUNCTIONALITY, PERFORMANCE OR FREEDOM FROM ERROR OF THE INET SERVICES OR ANY OTHER GOODS OR SERVICES PROVIDED UNDER THIS CONTRACT, INCLUDING MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. THE COUNTY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE I-NET SERVICE OR ANY OTHER GOODS OR SERVICES PROVIDED UNDER THIS CONTRACT WILL BE UNINTERRUPTED, FREE OF HARMFUL COMPONENTS, OR THAT ANY MATERIALS, INCLUDING YOUR MATERIALS OR THE THIRD PARTY MATERIALS, WILL BE SECURE OR NOT OTHERWISE BE LOST OR DAMAGED. 9.4 Customer Warranties 9.4.1 Customer warrants and represents that Customer and Customer’s User’s (including any use by employees and personnel of Customer) use of the INET Service or any other goods or services provided under this Contract will be in compliance with all applicable laws, rules and regulations. 9.4.2 Customer warrants and represents that (a) it or Customer’s licensors own all right, title, and interest in and to your materials; (b) Customer’s materials (including the use, development, design, production of your materials) or the combination of Customer’s materials with other applications, content or processes, do not and will not violate any applicable laws or infringe or misappropriate any third-party rights; and (c) Customer’s use of the INET service or any other goods or services provided under this Contract will not cause harm to any other customers of the County’s INET service or any other goods or services provided under this Contract by the County. 9.5 Survival The provisions of this section Shall survive the expiration or termination of this Contract with respect to any event occurring prior to expiration or termination. 10.Contract Change Orders Either Party may request changes to this Contract. Proposed changes which are mutually agreed upon Shall be incorporated by written amendment to this Contract. If any Contract Change Order causes an increase or decrease in the price (fees) for, or the time required for, performance of any part of the services under this Contract, the Parties Shall agree to an equitable adjustment in the Contract price, the delivery schedule, or both. The County Shall be responsible for preparing all County-required documents associated with modifying the Contract to include the agreed upon Contract Change Order. No written request, oral order, or conduct by the County will constitute a binding Contract Change Order unless confirmed in writing by the Parties. 11.Force Majeure The term “force majeure” means: (a) an event that is unforeseeable at the time of Contract execution, (b) that is not within a Party’s reasonable control, and (c) that causes an inability to perform or comply, in whole or in part, with any obligation or condition of this Contract. Upon giving prompt notice and full particulars to the other Party, such obligation or condition Shall be suspended 6c. - Administrative Services Department recommends approval of a three-year Page 15 of 221 City of Renton 7 of 36 CONTRACT NO. 02COR14 but only for the time and to the extent necessary to restore normal operations. So long as (a)-(c) are satisfied, a force majeure event may include, without limitation, acts of nature, acts of civil or military authorities, terrorism, fire, strikes and other industrial, civil or public disturbances, epidemic and quarantine. 12.Severability Whenever possible, each provision of this Contract will be interpreted to be effective and valid under applicable law. If any provision is found to be invalid, illegal or unenforceable, then such provision or portion thereof Will be modified to the extent necessary to render it legal, valid and enforceable and have the intent and economic effect as close as possible to the invalid, illegal and unenforceable provision. If it is not possible to modify the provision to render it legal, valid and enforceable, then the provision will be severed from the rest of this Contract and ignored. The invalidity, illegality or unenforceability of any provision will not affect the validity, legality or enforceability of any other provision of this Contract, which will remain valid and binding. 13.Nondiscrimination 13.1 The Customer must comply with all applicable local, state and federal laws and regulations prohibiting discrimination, including without limitation, laws and regulations prohibiting discrimination in the provision of services or employment under this Contract. These laws include, but are not limited to, Titles VI and VII of the Civil Rights Act of 1964, as amended, the American with Disabilities Act, and the Restoration Act of 1987, Compliance with Section 504 of the Rehabilitation Act of 1973, as amended (Section 504) and the American with Disabilities Act of 1990, as amended (ADA), Chapter 49.60 of the Revised Code of Washington, as amended, and Chapters 12.16 and 12.18 of the King County Code, as amended. If the Customer engages in unfair employment practices as defined in King County Code Chapter 12.18, as amended, the remedies set forth in that Chapter, as amended, Shall apply. 13. 2 The Customer is specifically prohibited from discriminating or taking any retaliatory action against a person because of that person's exercise of any right s\he may have under federal, state, or local law, nor may the Customer require a person to waive such rights as a condition of receiving service. 13. 3 The Customer is specifically prohibited from denying access or levying different rates and charges on any individual or group because of the income of the residents of the local area in which such group resides. 13. 4 To the extent the County may enforce such a requirement; the Customer is specifically prohibited from discriminating in its rates or charges or from granting undue preferences to any individual or group. 13. 5 During the performance of this Contract, neither the Customer nor any party subcontracting under the authority of this Contract Shall discriminate on the basis of age, ancestry, creed, color, marital status, national origin, race, religion, sex, sexual orientation, or presence of any mental, physical or sensory handicap against any employee or applicant for employment, unless based on a bona fide occupational qualification, or in the administration or delivery of services or any other benefit under this Contract. 13. 6 During the term of this Contract, the Customer Shall not create barriers to open and fair opportunities to participate in the use of these services and Shall not discriminate against any person on the basis of race, color, creed, religion, sex, age, nationality, marital status, sexual orientation or the presence of any mental or physical disability in an otherwise qualified disabled person. 13. 7 Any violation of the mandatory requirements of the provisions of this section Shall be a material breach of Contract for which the Customer may be subject to damages and sanctions provided for by Contract and by applicable law. 6c. - Administrative Services Department recommends approval of a three-year Page 16 of 221 City of Renton 8 of 36 CONTRACT NO. 02COR14 14.Termination This Contract may be terminated only in accordance with the provisions of Attachment F – Termination. 15.Applicable Law and Forum This Contract Shall be governed by and construed according to the laws of the State of Washington. Any suit arising between the Parties Shall be brought in King County Superior Court, which shall have sole and exclusive jurisdiction and venue. 15.1 Dispute Resolution 15.1.1.Disputes. In the event that a dispute arises between the Parties which cannot be resolved in the normal course, the following dispute resolution procedures Shall be followed as a condition precedent to litigation: 15.1.1.1 If a dispute arises, then (i) within ten (10) business days of a written request by either Party, County's I-Net Business Manager and Customer’s Primary Contact Shall meet and resolve the issue; if these Parties cannot resolve the issue within ten (10) business days of the meeting, then (ii) the issue Shall be submitted to each Party’s designated information technology manager; if these Parties cannot resolve the issue within fifteen (15) business days of submission to them, then (iii) the issue Shall be submitted for resolution to the King County Chief Information Officer and Customer’s Chief Information Officer or equivalent. 15.2 Mediation If a dispute arises between the Parties that is not resolved through the procedure in Section 15.1, the Parties may, upon mutual agreement, seek to resolve the dispute by mediation or other agreed form of alternative dispute resolution. 16.Services to Be Provided by I-Net The specific services applicable to this Contract are listed in Attachment A – Site(s) Covered. The Parties Shall conduct an annual joint review to determine if the services provided meet the Customer’s needs, and whether modifications or changes in service levels should be made. The services Shall be selected from the service list contained in Attachment G – Service Offerings. 16.1 Service Types I-Net services provided by the County include Internet Bandwidth, Transport Bandwidth, and engineering services. Internet Bandwidth and Transport Bandwidth are provided across I- Net fiber. Other available I-Net fiber shall not be used by the Customer without written approval from I-Net management. 16.2 Redundant Front Door (RFD) I-Net has a Redundant Front Door (RFD) that is the interconnection point between I-Net customers, the upstream Internet Service Providers and is the peering point for local transit peering agreements. 16.3 Demarcation Device The Demarcation Device for each of the Customer Sites subject to this Contract is defined and listed in Attachment A - Site(s) Covered. The County Will provide equipment specifications required for connectivity including equipment that meets the County’s requirements. Installing specified equipment helps ensure ease of maintenance and customer support. Equipment chosen by the Customer that meets the provided specifications may be acceptable. 6c. - Administrative Services Department recommends approval of a three-year Page 17 of 221 City of Renton 9 of 36 CONTRACT NO. 02COR14 16.4 Network Infrastructure Upgrade and Migration Network Infrastructure Upgrade and Migration refers to projects that provide for the modification of I-Net network equipment to take advantage of new technologies or architecture that is not the result of an emergency or standard maintenance upgrade. Network Infrastructure Upgrade and Migration activities may occur outside of the regularly scheduled maintenance. Planned Network Infrastructure Upgrade and Migration notice will be given to the Customer when such changes affect the Customer. If notification is applicable, the County will notify the Customer in accordance with Attachment E – Key Persons at least thirty (30) business days in advance. The County will endeavor to notify the Customer of the: project scope; new network deployment and architecture; benefits; migration plans; and provide County contacts that are not already identified in Attachment E – Key Persons, if applicable. The County may, at its option, set a migration schedule and require Customer migration by a specified date. The County will work jointly with the Customer to set mutually agreeable migration dates based on the migration schedule. 17.Service Levels Service levels and corresponding prices Shall be provided in accordance with Attachment A - Site(s) Covered and Attachment H – Service Levels. Procedures for reporting and handling problems are also contained in this Attachment H – Service Levels. 18.Services Not Currently Provided by I-Net The following services are not covered by this Contract: Application development or support. Customer LAN or desktop support services. Technical support for Users not named in Attachment E - Key Persons. Other non-transport Customer network design or support on the Customer side of the I- Net Demarcation Point. VoIP services. IPv6. Dark fiber. I-Net controlled fiber. 19.Service Requirements The Customer agrees it Will complete the items listed below throughout the Contract at no cost to the County. Failure to do so Shall be grounds for and may result in the termination of I-Net service or delay in the County’s installation of I-Net services. 19.1 Provide the County with any contact person changes within five (5) Days of the change. Failure to keep the Contact information current may result in delays in processing of service requests. 19.2 Provide County with timely access to the Site(s). 6c. - Administrative Services Department recommends approval of a three-year Page 18 of 221 City of Renton 10 of 36 CONTRACT NO. 02COR14 19.3 Provide, at no cost to the County, sufficient rack or wall space, and sufficient cooling to maintain a temperature no greater than 80 degrees Fahrenheit. 19.4 Keep the area around the I-Net equipment dry, clean, and free of obstructions to facilitate airflow and protect the equipment investment. 19.5 Notify County within 24 hours of any damage or other apparent problems with the equipment or fibers. 19.6 Keep the I-Net equipment in the place where the County has installed it, and not move, alter or use the equipment in any way without the written permission of the County. 19.7 Use only port A1 on the Demarcation Device provided by I-Net unless I-Net management has provided written consent to use additional ports on the Demarcation Device. 19.8 Provide Ethernet cables to the Demarcation Device. 19.9 Process reimbursement with USAC (Spin #143015282). 20.Security The County requires the installation of physical security measures to protect the fiber connections and equipment provided by the County as a condition of starting or continuing to receive I-Net Service and may change those requirements from time to time. Physical security of the I-Net racks, cabinets and fibers located at the Customer’s Site(s) is the responsibility of the Customer. The Customer Shall ensure that all I-Net equipment is protected from unintended physical access through the use of locked rooms and/or cabinets. The Customer is responsible for securing its computer resources attached to the I-Net against all unauthorized access or use. King County reserves the right to inspect the physical security measures at the Customer’s Site(s) at any time with two (2) business days’ notice to the Customer. Failure to remediate findings of such an inspection within seven (7) business days from written notice may result in suspension of I-Net connectivity until compliance is achieved. 21.Nonwaiver of Breach No action or failure to act by either Party shall constitute a waiver of any right or duty afforded to the other under this Contract; nor shall any such action or failure to act by either Party constitute an approval of or acquiescence in any breach, except as may be specifically stated by the non- breaching party in writing. 22.No Third Party Agreement This Contract is not intended, nor shall it be construed to create a contractual relationship of any kind between any persons or entities other than the County and Customer. 23. Taxes The Customer shall maintain and be liable for payment of all applicable taxes, fees, licenses permits and costs as may be required by applicable federal, State or local laws and regulations as may be required to provide the work under this Contract. 6c. - Administrative Services Department recommends approval of a three-year Page 19 of 221 City of Renton 11 of 36 CONTRACT NO. 02COR14 Attachment A – Sites(s) Covered Thru 3/31/2017 All Site and contact data will be maintained by I-Net Operations. Customer Shall report changes in contact personnel or location data to I-Net management. The Contracted Site Services & Monthly Fees table below identifies Service Type and Bandwidth (Svc Type & BW), Site ID (number), Site Name, Site Address, City, Site Contact, CPE Device, Hub, Demarcation Point, and monthly cost for each Site covered under this Contract. I-Net owns all CPE devices installed at Customer Sites. See Attachment G – Service Offerings for a description of service offerings. I-Net fiber is reserved for I-Net use only, to support delivery of I-Net services to the Sites specified below. Service Offering Summary Contracted Site Services & Monthly Fees Svc Type & BW Site ID Site Name Site Address City Site Contact CPE Device Hub Demarcation Point Monthly Fee IB 100 2027 Renton City Hall 1055 S. Grady Way Renton Ronald Hansen Kent Vista I-net Switch $930.00 AIP – 2 blocks 2027 Renton City Hall 1055 S. Grady Way Renton $128.00 Platinum Support 2027 Renton City Hall 1055 S. Grady Way Renton $0.00 ** ** grandfathered rate TOTAL Monthly Fees:$1058.00 Installation Costs (Non-Recurring) Contract No. 02COR14 *Provision Fees Per Site $ Additional Site Provisioning Cost(s) Site Visit Required Per Site Additional Services – No Site Visit Required $ 150 per hour Total Non-Recurring Costs $N/A * Provision Fees include $1,500 for ADVA FSP150CC 206V (1Gig) Hardware and $400 for Provisioning Services. A quote for a FSP150CC XG210 (10Gig) hardware is available by request. 1.Internet Bandwidth (IB)2.Transport Bandwidth (TB) 3.Support Services - Platinum, Gold, Silver, Bronze 4.T1 Connection (T1) 5.Additional Internet Bandwidth (AIB)6.Additional Transport Bandwidth (ATB) 7.Additional IPV4 Addresses (AIP) 9.Data Center Services (See Attachment O) 8.Professional Services: Network Engineering Service (NES) Solution Architecture (SA) Project Management Service (PMS) Support Surcharge (SS) 6c. - Administrative Services Department recommends approval of a three-year Page 20 of 221 City of Renton 12 of 36 CONTRACT NO. 02COR14 Attachment B – I-Net Connectivity Change Request Form Service Change and Architecture Change Requests must be approved by the Customer’s Primary or Technical Contact and will be implemented per the terms of the Customer’s Contract with I-Net. Date __________________ Requestor Contact Information Requestor Name Requestor E-Mail Requestor Phone Organization (Customer) Information Organization Name Primary Contact E-Mail Technical Contact E-Mail Duration of Change ☐ Permanent ☐ Temporary - Ending Date __________________ Description (identify services to be changed) Sites (identify sites that will be affected by this Service Change request) Type Site ID Site Name Address Select Select Select Select For County use only: Ticket # - LD / MCM Assigned Engineer ☐ Billable ☐ No-Cost Change Request 6c. - Administrative Services Department recommends approval of a three-year Page 21 of 221 City of Renton 13 of 36 CONTRACT NO. 02COR14 Attachment C - Acceptable Use Policy IMPORTANT: The County’s franchise agreement and I-Net lease agreement with Comcast, as amended or renewed, and franchise agreement with WAVE prohibit the County from building or running a cable television network or any commercial for-profit endeavor over the fiber optic cable. Customer acknowledges and agrees that the restrictions in the franchise agreement and lease agreement flow down and apply to the Customer. This Acceptable Use Policy (“Policy”) sets forth applicable requirements for the responsible use of the I-Net. In General. I-Net must be used solely for lawful and intended purposes. No one Shall use or aid anyone else in using the I-Net to transmit, distribute or store material: (1) in violation of any applicable law or regulation, including export or encryption laws or regulations, or this Policy; or (2) that may expose the County to criminal or civil liability. Customers and Users are further prohibited from assisting any other person in violating any part of this Policy. Any Customer or User the County determines has violated any part of this Policy may be subject to a temporary or permanent suspension of service, including, if the County deems it necessary, immediate suspension or termination of such Customer’s or User's service without notice. The County may temporarily suspend the Customer or User without notice if the County deems such action is required for the County to comply with its franchise, lease or applicable laws. The County may take such further action as it deems appropriate under the circumstances to eliminate or preclude repeat violations. The Customer will protect, defend and indemnify the County from any liability whatsoever arising out of any violation of the acceptable use of the I-Net and the County Shall not be liable for any damages of any nature suffered by any Customer, User, or any third party. Responsibility for Content. The County takes no responsibility for any material created or accessible on or through the I-Net. No User or Customer should hold an expectation of privacy with respect to any matter transmitted over or by the I-Net. By entering into this Contract with King County, Customer acknowledges and accepts the absence of privacy in transmitting or using the I-Net. The County may monitor the I-Net traffic for maintenance or repair or to determine usage of the I-Net. The County does not plan to exercise any editorial control over material transmitted over or by the I-Net, but reserves the right to do so consistent with applicable laws. If the County becomes aware that any material may violate this Policy, the County reserves the right to block access to such material and to suspend or terminate any User or Customer creating, storing or disseminating such material. The County further reserves the right to cooperate with cable system representatives, legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of any User or Customer. Impermissible Content. Customers and Users Shall not use I-Net to transmit or distribute material not permitted under the County’s franchise contracts, permits, or other contracts with or grants to cable television or communications companies. Customers and Users Shall not use I-Net to transmit or distribute unlawful material or information containing fraudulent material, or to make any offer containing unlawful, false, deceptive, or misleading statements, claims, or representations. In addition, Customers and Users are prohibited from submitting any unlawful, false or inaccurate information regarding I-Net’s use to the County or any other Person. Customers and Users Shall not use I-Net to transmit, distribute or store material that is unlawful, including but not limited to, material that is indecent, obscene, pornographic defamatory, libelous, or not Constitutionally protected. The Parties agree that law enforcement may intentionally receive and store information or materials that may be indecent, obscene, pornographic, defamatory or libelous. Such use by law enforcement as part of its law enforcement activities 6c. - Administrative Services Department recommends approval of a three-year Page 22 of 221 City of Renton 14 of 36 CONTRACT NO. 02COR14 Shall not be considered a violation of this Policy. Customers and Users Shall not use material in any unlawful manner that would infringe, violate, dilute or misappropriate any person’s protection under privacy, publicity, or other personal rights or intellectual property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. The use of a domain name in connection with any of the I-Net services Shall not violate the trademark, service mark, or similar rights of any third party. Customers and Users Shall not Use I-Net to transmit, distribute or store material that contains a virus, worm, Trojan horse, or other component harmful to the I-Net, to any other network or equipment, or to other Customers or Users. Third Party Rules; Usenet. Customers and Users may have access through I-Net to search engines, subscription Web services, chat areas, bulletin boards, Web pages, Usenet, or other services that promulgate rules, guidelines or contracts to govern their use. Users must adhere to any such rules, guidelines, or contracts. Users who post messages to Usenet news groups are responsible for becoming familiar with any written charter or FAQ governing use of such news groups and complying therewith. System and Network Security. Customers and Users Shall not use I-Net to violate or attempt to violate the security of any person or network, including, without limitation, (a) accessing data not intended for such Customer or User or logging into a server or account which such Customer or User is not authorized to access, (b) impersonating County personnel, (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (d) attempting to interfere with, disrupt or disable service to any User, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing", "denial of service" attacks or "crashing", (e) forging any TCP/IP packet header or any part of the header information in any e-mail or news group posting, (f) taking any action in order to obtain services to which such User is not entitled, or (g) attempting to utilize another Customer’s or User's account name or persona without that person’s authorization. Customers and Users are also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for I-Net services. Security violations may result in civil or criminal liability. The County will investigate occurrences which may include such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Customers and Users who are involved in such violations. Modification. The County reserves the right to modify this Policy in its discretion at any time. Such modifications will be effective when the Customer receives notice from the County. 6c. - Administrative Services Department recommends approval of a three-year Page 23 of 221 City of Renton 15 of 36 CONTRACT NO. 02COR14 Attachment D - Definitions Acceptable Use Policy or AUP The rules for use of the I-Net set forth in Attachment C – Acceptable Use Policy. Availability The ability of the user network equipment to connect to I-Net Demarcation Devices for the purpose of receiving or transmitting data, voice and video. If the user network equipment cannot access the I-Net Demarcation Devices, it is said to be unavailable. Bandwidth The amount of digital data that can be carried or is moved from one place to another in a given time. Bps or Bits per second A unit of information used, for example, to quantify computer memory or storage capacity. CIR Committed Information Rate for the management tunnel. Minimum setting is 0 bps; maximum setting is network port Bandwidth. Circuit A methodology of implementing a telecommunication network in which two network nodes establish a dedicated communications channel (circuit) through the network before the nodes may communicate. Customer or Customer Agency A municipality, school district, college or other governmental or non-profit agency that is a participant in the King County Institutional Network. See Attachment A - Site(s) Covered for the specific Site locations included in this Contract. Customer Premise Equipment or CPE The Demarcation Device at the Customer’s site with ports for connecting Customer fiber. Dark Fiber An optical fiber strand not coupled to an optical light source. Date of Activation The date when I-Net services are available for Customer use. Day Calendar day unless otherwise specified. Demarcation Device The network interface equipment that serves as the Demarcation Point between I-Net and the Customer’s premises wiring or equipment. Demarcation Point The point of interconnection between the County’s I-Net fibers, cables, or Hardware and the Customer’s fibers, cables, or Hardware. Dense Wavelength Division Multiplexing or DWDM Technology that puts data from different sources together on an optical fiber, with each signal carried at the same time on its own separate light wavelength. Domain Name Services or DNS Services which convert domain names into IPV4 addresses. 6c. - Administrative Services Department recommends approval of a three-year Page 24 of 221 City of Renton 16 of 36 CONTRACT NO. 02COR14 Downtime Refers to periods when the I-Net network is unavailable. EIR Excess Information Rate for the management tunnel. Minimum setting is 0 bps; maximum is Network Port bandwidth. Fee Basis A service is provided on a Fee Basis if there is a charge, whether in money, in-kind service, or otherwise, to those using the service or application. Fiber Optic Cable A cable installed by I-Net or for I-Net that is composed of strands of glass fiber, each strand which is designed to conduct signals of modulated light (optical signals) from one end to the other. Fiber Strand or Strand of Fiber A thin transparent fiber of glass enclosed by a material of a lower index of refraction that reflects light throughout its length by internal reflections. Gbps or Gigabit per second One billion bits per second. A unit of information used, for example, to quantify computer memory or storage capacity. Hardware The actual physical computing machinery, including the hardware, software, and firmware. An integrated access device is an example of Hardware. Holiday The following ten (10) days are designated as official County holidays: January 1 (New Year’s Day), third Monday in January (Martin Luther King Jr. Day), third Monday in February (President’s Day), last Monday in May (Memorial Day), July 4 (Independence Day), first Monday in September (Labor Day), November 11 (Veteran’s Day), Thanksgiving and the day after, December 25 (Christmas Day). For holidays falling on a Saturday, the holiday will be observed the Friday before. For holidays falling on a Sunday, the holiday will be observed the Monday after. Hub A physical location, outside of Customer premises, where I-Net network equipment is installed. Normally used for the core network or interconnection purposes. Intergovernmental Network or IGN Provides connectivity among state agencies, counties, and local government entities. I-Net The King County Institutional Network, a fiber optic-based transport network shared by municipal, county, school, library and other governmental, educational and non-profit agencies for the purpose of supporting voice, video and data communication among the participants and with the Internet. Internet A global system of interconnected computer networks that use the standard Internet protocol suite (TCP/IP) to serve billions of users worldwide. It is a network of networks that consists of millions of private, public, academic, business, and government networks, of local to global scope, that are linked by a broad array of electronic, wireless and optical networking technologies. Internet Service Provider or ISP An organization that provides access to the Internet. Access ISPs directly connect clients to the Internet using copper wires, wireless or fiber-optic connections. 6c. - Administrative Services Department recommends approval of a three-year Page 25 of 221 City of Renton 17 of 36 CONTRACT NO. 02COR14 IPV4 Internet Protocol version 4 (IPv4) is the fourth version in the development of the Internet Protocol (IP) and the first version of the protocol to be widely deployed. Together with IPv6, it is at the core of standards-based internetworking methods of the Internet. IPv4 is still used to route most traffic across the Internet. IPV6 Internet Protocol version 6 (IPv6) is the latest revision of the Internet Protocol (IP), the communications protocol that routes traffic across the Internet. It is intended to replace IPv4, which still carries the vast majority of Internet traffic. Kbps or Kilobit per second One thousand bits per second. A unit of information used, for example, to quantify computer memory or storage capacity. King County King County, Washington. A political subdivision of the State of Washington. King County Information Technology or KCIT A department within the Executive branch of King County government. Local Area Network or LAN A network designed to move data between stations within a campus. Mbps or Megabit per second One million bits per second. A unit of information used, for example, to quantify computer memory or storage capacity. Metro Optical Ethernet or MOE A highly scalable, high capacity, Ethernet network operating a combination of traditional Layer 2 and/or Layer 3 switches interconnected through optical fiber. The latest platforms provide extensive capacity improvements in fiber asset usage allowing newer advanced services to be deployed over existing fiber infrastructures providing extensive value to fiber owners and their customers. Multimode Fiber Optic Cable or MMF Fiber optic cable in which the signal or light propagates in multiple modes or paths. Since these paths may have varying lengths, a transmitted pulse of light may be received at different times and smeared to the point that pulses may interfere with surrounding pulses. This may cause the signal to be difficult or impossible to receive. This pulse dispersion sometimes limits the distance over which a MMF link can operate. Month The period commencing on the first calendar day of a calendar month and ending on and including the last day of that calendar month. Network Design A computer network diagram is a schematic depicting the nodes and connections among nodes in a computer network or, more generally, any telecommunications network. Network Latency The time measured for data to transmit across the I-Net network. Network Latency is measured round-trip: the one-way latency from source to destination plus the one-way latency from the destination back to the source. Ping is used to measure round-trip latency. Network Management System or NMS A system of Hardware and Software that is used to monitor, control and manage the County’s I- Net network. A NMS may manage one or more other Network Management Systems. 6c. - Administrative Services Department recommends approval of a three-year Page 26 of 221 City of Renton 18 of 36 CONTRACT NO. 02COR14 Network Topology The arrangement of the various elements (links, nodes, etc.) of a computer or biological network. Essentially, it is the topological structure of a network, and may be depicted physically or logically. Network Operations Center or NOC The logistical grouping of King County resources providing first tier monitoring and response to I- Net Customer requests. NNI ADVA’s network interface for connection to service provider network equipment. Peering A voluntary interconnection of administratively separate Internet networks for the purpose of exchanging traffic between the customers of each network. Provider King County Institutional Network (I-Net), as managed and operated by King County I-Net Operations. Quality of Service or QoS Defined on an end-to-end basis in terms of the following attributes of the end-to-end connection: Cell Loss Ratio Cell Transfer Delay Cell Delay Variation Rate Card The list of prices for I-Net services set forth in Attachment K, as may be amended. Redundant Front Door or RFD A network exchange facility that is highly redundant, where the I-Net customers connect to the I- Net infrastructure in order to get to the Internet and inter-government networks. Router A physical device that is capable of forwarding packets based on network layer information and that also participates in running one or more network layer routing protocols. Shall or Will Whenever used to stipulate anything, Shall or Will means that the action or inaction is mandatory by either the Customer or the County, as applicable, and means that the Customer or the County, as applicable, has thereby entered into a covenant with the other Party to do or perform the same. Single Mode Fiber Fiber optic cable in which the signal or light propagates in a single mode or path. Since all light follows the same path or travels the same distance, a transmitted pulse is not dispersed and does not interfere with adjacent pulses. SM fibers can support longer distances and are limited mainly by the amount of attenuation. Refer to MMF. Site A single building or location. Each Site is counted as a unit for purposes of the Customer’s Use Charge. SIX The Seattle Internet Exchange (SIX) is an Internet Exchange Point situated in the Westin Building in Seattle, WA. The SIX is a fast growing, neutral and independent peering point which was created as a free exchange point sponsored only by donations. It continues to run without any re- occurring charges to the participants and current major funding comes from one-time 10 Gbps port fees. The SIX is a 501(c)(6) tax-exempt non-profit corporation. 6c. - Administrative Services Department recommends approval of a three-year Page 27 of 221 City of Renton 19 of 36 CONTRACT NO. 02COR14 Start of Authority or SOA Designated source point for a DNS Domain. State Governmental Network or SGN The state of Washington’s enterprise network that provides connectivity between participating agencies to support their mission and objectives. Software All or any portion of the binary computer programs and enhancements thereto, including source code, localized versions of the binary computer programs and enhancements thereto, including source code and documentation residing on County-owned Hardware. Software is the list of instructions to operate the Hardware. Switched Virtual Circuit or SVC A connection established via signaling. The User defines the endpoints when the call is initiated. System Availability The time a network Circuit is available to carry User data over the I-Net network. T-1 A dedicated phone connection supporting data rates of 1.544 Mbps. A T-1 line actually consists of 24 individual or DS0’s, each of which supports 64 Kbits per second. Each 64 Kbps channel can be configured to carry voice or data traffic. Most telephone companies allow you to buy just some of these individual channels, known as fractional T-1 access. T-1 lines are sometimes referred to as DS1 lines. Testing The process of confirming that the configuration, equipment and fiber provides the services to the Customer’s site as described in this Contract. Transport In computer networking, the transport layer of layer 4 provides end-to-end communication services for applications within a layered architecture of network components and protocols. Use Charge The amount the Customer owes for receipt of I-Net services. A Use Charge may include both Monthly and non-Monthly costs. User An employee, client, vendor, or other person accessing the network or using I-Net services at a facility controlled by a Customer. User-Network Interface or UNI ADVA’s user network interface for connecting customer network equipment. 6c. - Administrative Services Department recommends approval of a three-year Page 28 of 221 City of Renton 20 of 36 CONTRACT NO. 02COR14 Attachment E - Key Persons The Customer’s Primary Contact and the Technical Contact listed below Shall have authority on behalf of the Customer to request and approve all of its network connections to other I-Net agencies or external agencies and to add, delete or modify services and Sites, including both cost and no-cost changes. The Primary and Technical Contacts are lead on all technology and troubleshooting issues regarding I-Net services. All change requests must be submitted using Appendix B - I-Net Connectivity Change Request Form by either the Primary Contact or the Technical Contact. No changes will be made to the Customer’s service configuration without approval from the Primary Contact or the Technical Contact and King County. URL to Change Request Form: http://www.kingcounty.gov/inet The Customer’s Finance Contact Shall be the primary contact for all invoicing and billing issues. The Customer’s Contracts Contact Shall be the primary contact for all contractual issues and contract changes/amendments. The Customer’s Site Access Contact Shall provide physical access for the County to the I-Net equipment at an individual Site. The contact is listed in Attachment A - Site(s) Covered. The Customer Shall provide updated information to the County I-Net Management contact via email within five (5) business days should this contact information change. Contact information updates do not require an amendment via change order. KING COUNTY CITY OF RENTON I-Net Management Contact: Darryl Hunt, I-Net Business Manager 401 5th Avenue, Seattle, WA 98104, 7th Fl Phone: 206-263-7890 E-mail: darryl.hunt@kingcounty.gov Primary Contact: Mehdi Sadri, IT Director 1055 S. Grady Way, Renton, WA 98057 Phone: 425-430-6886 E-mail: msadri@rentonwa.gov I-Net Technical Contact: Ed McPherson, I-Net Architect 401 5th Avenue, Seattle, WA 98104, 7th Fl Phone: (206) 263-7938 Email: ed.McPherson@kingcounty.gov Technical Contact: Ronald Hansen, Network Systems Supervisor 1055 S. Grady Way, Renton, WA 98057 Phone: 425-430-6873 E-mail: rhansen@rentonwa.gov Invoicing/Payments: Ashley Byrd, Project Program Mgr 401 5th Avenue, Seattle, WA 98104, 6th Fl Phone: 206-263-7894 E-mail: ashley.byrd@kingcounty.gov Finance Contact: Christine Seese 1055 S. Grady Way, Renton, WA 98057 Phone: 425 430 6887 E-mail: CSeese@Rentonwa.gov Contracts/Amendments: Marilyn Pritchard, Sr. IT Contracts Specialist 401 5th Avenue, Seattle, WA 98104, 6th Fl Phone: 206-263-7961 E-mail: marilyn.pritchard@kingcounty.gov Contracts Contact: Mehdi Sadri, IT Director 1055 S. Grady Way, Renton, WA 98057 Phone: 425-430-6886 E-mail: msadri@rentonwa.gov Data Center Manager: 3355 S. 120th Place, Tukwila, WA 98168 Phone: 206-263-8058 Ronald Hansen, Network Systems Supervisor 1055 S. Grady Way, Renton, WA 98057 Phone: 425-430-6873 E-mail: rhansen@rentonwa.gov 6c. - Administrative Services Department recommends approval of a three-year Page 29 of 221 City of Renton 21 of 36 CONTRACT NO. 02COR14 Attachment F - Termination 1.Termination for Convenience. This Contract may be terminated by either Party without cause, in whole or in part, upon providing the other Party one hundred eighty (180) Days’ advance written notice of the termination. If the Contract is terminated pursuant to this paragraph 1: (a) the Customer Will be liable only for payment in accordance with the terms of this Contract for services rendered prior to the effective date of termination; and (b) the County Shall be released from any obligation to provide further services pursuant to the Contract. 2.Termination for Default. Either Party may terminate this Contract if the other party materially fails to perform in the manner stated in the Contract, or fails to comply with any material provision of the Contract. Termination shall be effected as follows: (1) A “notice to cure” identifying the act(s) of default shall be delivered to the breaching Party by certified or registered first class mail. The breaching Party shall have ten (10) Days from the date of receipt to cure the default or, at the non-breaching Party’s discretion, provide the non-breaching Party with a detailed written plan for review and acceptance that indicates the schedule and proposed plan to cure the default. (2) If the breaching Party has not cured the default or the plan to cure the default is not acceptable to the non-breaching Party, or the breaching Party fails to perform an accepted plan to cure, the non-breaching Party may terminate the Contract by delivering a “notice of termination” by certified or registered first class mail identifying the effective date of termination. The non-breaching Party shall have all rights and remedies available at law and equity. In addition, if the termination results from acts or omissions of the Customer, including but not limited to, damage to fiber optic lines or to County-owned equipment or the failure to pay amounts due, the Customer Shall return to the County immediately any County-owned equipment and pay all amounts due to the County, including replacement costs, such as, any costs for fiber and equipment damaged as a result of the breach. 3.Termination for Nonappropriation. (1) If expected or actual funding is withdrawn, reduced or limited in any way prior to the end date of this Contract or in any Contract amendment hereto, the County may, upon written notice to the Customer, terminate this Contract in whole or in part. If the Contract is terminated pursuant to this paragraph 3, (a) the Customer Will be liable only for payment in accordance with the terms of this Contract for services rendered by the County prior to the effective date of termination; and (b) the County Shall be released from any obligation to provide further services covered by the termination. (2) Notwithstanding any provision to the contrary, funding under this Contract beyond the current appropriation year is conditional upon the appropriation by the County Council of sufficient funds to support the services described in this Contract. Should such appropriation not be approved, the Contract shall terminate at the close of the current appropriation year. 4.Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that either Party may have in the event that the obligations, terms and conditions set forth in this Contract are breached by the other Party. 6c. - Administrative Services Department recommends approval of a three-year Page 30 of 221 City of Renton 22 of 36 CONTRACT NO. 02COR14 Attachment G - Service Offerings Thru 3/31/2017 The following is a list of current service offerings and their definitions. Consult Attachment K - I- Net Rate Card for pricing. Basic Services 1. Internet Bandwidth (IB): The Internet Bandwidth service provides a base Bandwidth of 40Mbps. Additional Bandwidth of up to 1Gbps can be purchased in increments of 10Mbps for an additional monthly fee. Bandwidth rate limits are applied. 2. Transport Bandwidth (TB): Transport Bandwidth is a point-to-point connection between two facilities and is subject to service availability. It provides service at a base Bandwidth of 100Mbps. Additional Bandwidth up to 10Gbps can be purchased in increments of 100Mbps or 1Gbps increments for an additional monthly fee. 3. Support Services In addition to the basic service above, the Customer Shall select a support package (Platinum, Gold, Silver or Bronze). Each package provides a different level of service and a separate rate, as described below: Support Svcs Platinum Gold Silver Bronze IPV4 Addresses 32 16 8 2 EVC (1 additional)Included Optional Optional n/a IGN Connection Included Included Included n/a QoS* (4 CoS) included included best effort best effort Technical Support 24X7, 365 24X7, 365 24X7, 365 8X5 Maintenance Included Included Included Included DNS Mgmt Included Included Included Included Descriptions EVC: An Ethernet Virtual Connection (EVC) is defined by the Metro-Ethernet Forum (MEF) as an association between two or more user network interfaces that identifies a point-to-point or multipoint-to-multipoint path within the service provider network. An EVC is a conceptual service pipe within the service provider network. One EVC comes standard with Basic Service. IGN Connection: The Inter-Governmental Network (IGN) is the common data network used to connect to state agencies, counties, and cities with known end points, managed gateways, and applications. The existing IGN is maintained by King County Network Services and is connected to the Washington State Department of Information Systems (DIS) state-wide IGN. I-Net provides network transport to gain access to this network. Municipalities, public health agencies, and law enforcement agencies are able to access applications and share data with other state and local government agencies within the I-Net network. Customers connecting to the IGN must adhere to security guidelines published by Washington State Consolidated Technology Services (CTS) that pertain to this network. This IGN service is bundled with the I-Net ISP service. QoS: Quality of Service (QoS) is the ability to provide different levels of priority to different applications, users, or data flows, or to guarantee a certain level of performance to a data flow. 6c. - Administrative Services Department recommends approval of a three-year Page 31 of 221 City of Renton 23 of 36 CONTRACT NO. 02COR14 Technical Support - 8X5: Support is provided Monday through Friday during regular, daytime hours of 8 a.m. to 5 p.m., except on County Holidays. The targeted initial response time will be thirty (30) minutes. Problem resolution begins no more than two (2) hours after the initial report. Work on problems will continue within these daytime hours, as needed. If work is required outside of daytime hours, work Shall be escalated by the Customer and with approval of I-Net management. Technical Support - 24X7, 365: Support is provided 24 hours a day, 7 days a week, every day of the year. The targeted initial response time will be thirty (30) minutes. Problem resolution begins no more than two (2) hours after the initial report. Problem resolution work will continue until resolved. DNS Registration and Hosting: I-Net provides domain registration services to its customers. Only the designated registrar may modify or delete information about domain names in a central registry database. Registration of a domain name establishes a set of Start of Authority (SOA) records in the DNS servers of the parent domain, indicating the IPV4 address (or domain name) of DNS servers that are authoritative for the domain. Additional Services 4. T1 Connection (T1): A dedicated connection supporting legacy data and voice applications at a fixed rate of 1.544 Mbps. This service is usually for multiple-site agencies that have legacy T1 line ports between their facilities used to serve voice applications such as PBXs. T1 line ports can also be provided that connect between two participating agencies. Fractional T1 service is also available where individual channels may be directed to different sites. The interface is an RJ-48X connector from the I-Net edge equipment. 5. Additional Internet Bandwidth (AIB): I-Net offers additional Internet bandwidth upon the Customer’s request and County approval. Additional bandwidth of up to 1Gbps can be purchased in increments of 10 or 100Mbps for an additional monthly fee. 6. Additional Transport Bandwidth (ATB): I-Net offers additional Transport Bandwidth upon Customer request and County approval. Additional bandwidth of up to 10Gbps can be purchased in increments of 100Mbps for an additional monthly fee. 7. Additional IPV4 Addresses Option (AIP): Customers have the option of purchasing additional blocks of non-portable IP addresses from King County’s Class B address space 146.129.x.x. The blocks come in quantities of 16. The County cannot guarantee contiguous IPV4 addresses when additional addresses are purchased, unless agreed to in writing by the County. 8. Professional Services Professional Services is meant to be a range of specialized services oriented toward helping Customers make the best use of the I-Net. The scope, duration and rates will vary as well as the skill sets of professionals involved. Here are some examples: a)Network Engineering Service (NES): This is work developing specialized network solutions to fit the Customer’s needs related to I-Net services. Rates will vary depending upon the duration of the work, and may be invoiced on an hourly or per job basis. The typical rate for in-house staff is $80/hr. Outside resources will normally demand a higher rate, up to $150/hr or more. This service is subject to staff availability. 6c. - Administrative Services Department recommends approval of a three-year Page 32 of 221 City of Renton 24 of 36 CONTRACT NO. 02COR14 b)Solution Architecture (SA): This architecture work is to aid in adapting and scaling applications to operate optimally in an I-Net enabled network environment. The hourly consultation shall be at a rate that reasonably captures the County’s cost. This may entail using in-house staff. c)Project Management Service (PMS): This service will provide overall management of work needed prior to installation of I-Net services. This service has traditionally focused on managing construction tasks necessary to deliver fiber optic media. Other related project management tasks may be considered. Charges for the service will be a fixed percentage of the estimated total project cost. d)Support Surcharge (SS): This is a fee charged when a trouble call results in the dispatch of support staff to a Customer site and the cause of trouble is found to be the responsibility of the Customer. The Customer Shall be charged at the rate specified in Attachment A – Sites Covered, no less than two (2) hour minimum. Engineers will work with the Customer’s Technical Contact to design the service and provisioning for the Customer’s Site(s). Typically, the device installed at a Site will be a CPE providing one or more 100/1000 Mbps Ethernet connections. All installed equipment remains the sole property of the I-Net. I-Net provides initial configuration and installation of its equipment and service, including customization of services. All I-Net installed equipment whether at a Customer’s Site or not, remains the sole property of the I-Net. I-Net will only provide transport from suburban cities to KC/IGN and will not be involved with application incidents and issues. If a network engineer is dispatched to solve an incident and the incident is determined to be that of the Customer, a service call charge will be invoiced. 6c. - Administrative Services Department recommends approval of a three-year Page 33 of 221 City of Renton 25 of 36 CONTRACT NO. 02COR14 Applicable Terms and Conditions for Services described herein in Attachment G I.Service Interruption The County may suspend Customer’s use of the services offered under this Attachment G of the Contract if the County determines that Customer or its Users use of the services (i) violates any applicable law; (Ii) poses a security risk to the services offered under this Contract; (iii) may harm the services offered under this Contract or materials of any other Customer; or (iv) may subject the County to liability as a result of any of the foregoing. We will provide notice of any suspension as soon as practicable to Customer. To the extent practicable, the County will (i) suspend Customer’s right to access or use only those instances, data, or portions of the services that caused the suspension, and (ii) limit the suspension to those accounts that caused the suspension. If feasible, access to the services will be restored once the conditions or circumstances giving rise to the suspension have been removed or corrected. II.Other Security and Backup Customer shall be solely responsible for properly configuring and using the services and taking steps to maintain appropriate security, protection and backup of its materials, including using encryption technology to protect the materials from unauthorized access and routinely archiving its materials. III.Customer’s Materials Customer is solely responsible for the development, content, operation, maintenance, and use of its materials with the services. For example, Customer is solely responsible for: a)the technical operation of its materials, including ensuring that calls it makes to any service are compatible with then-current application program interfaces for that service; b)any claims relating to Customer’s materials; c)properly handling and processing notices sent to Customer (or any of Customer’s affiliates) by any person claiming that Customer’s materials violate such person’s rights, including notices pursuant to the Digital Millennium Copyright Act; d)any action that Customer permits, assists or facilitates any person or entity to take related to this Contract, Customer’s materials, or use of the services; and e)Users’ use of Customer’s materials and the services and ensuring that Users comply with Customer’s obligations under this Contract and that the terms of Customer’s agreement with each User are consistent with this Contract. 6c. - Administrative Services Department recommends approval of a three-year Page 34 of 221 City of Renton 26 of 36 CONTRACT NO. 02COR14 IV.Customer Indemnification Customer agrees to defend, indemnify and hold harmless the County, its officials, employees, agents and assigns, from and against any and all third party claims, damages, liabilities, losses, judgments, costs, and attorneys’ fees arising directly or indirectly out of, or relating to Customer and User’s use of the services provided under this Contract. Customer agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents. The foregoing indemnity is specifically and, expressly intended to constitute a waiver of each party's immunity under Washington's Industrial Insurance act, RCW Title 51, as respects the other party only, and only to the extent necessary to provide the indemnified party with a full and complete indemnity of claims made by the indemnitor’s employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. Customer will have the right, in its absolute discretion and at its sole cost, to employ attorneys of its own choice and to institute or defend any claim for which County has a right to be indemnified. Customer agrees to require its Users to indemnify, defend and hold harmless the County, its officials, employees, agents and assigns from and against any claim arising from User’s use of data center services, or services provided under this Attachment of the Contract. 6c. - Administrative Services Department recommends approval of a three-year Page 35 of 221 City of Renton 27 of 36 CONTRACT NO. 02COR14 Attachment H –Service Levels 1.Network Latency The end-to-end Network Latency will not be greater than an average of nine (9) milliseconds. 2.System Availability A.I-Net’s service delivery metrics are: 1.Internet Bandwidth Service: Availability of 99.9% annually on all services excluding planned maintenance windows and upgrades. 2.Transport Bandwidth Service: Availability of 99.9% annually on all services excluding planned maintenance windows and upgrades. B.QoS services provide the additional metrics of: (measured using the Etherjack services): 1.One way latency within I-Net MOE platform no more than 150 milliseconds. 2.Average one way jitter less than 30 milliseconds. C.I-Net will monitor compliance with the system availability metrics in paragraphs 2. A and B for the services provided to the Customer. A “Metric Compliance Report” will be available on the Customer’s SharePoint site on a monthly basis. If I-Net is unable to achieve the performance specified in paragraphs A and or B, then at the Customer’s request I-Net will provide a discount based on the parameters below: 1.System Availability nonperformance between 4-8 business hours–if requested by the Customer, I-Net will discount Customer’s monthly fee for that month by one percent (1%), and will be reflected on the next monthly invoice. However, at no time shall the total of all fee discounts provided Customer exceed ten percent (10%) of the Customers monthly service fee over the twelve month calendar period. As an illustration, if the Customers monthly fee is $1,000, the maximum discount that will be provided over the calendar year would be $100. 2.System Availability nonperformance (greater than 8 business hours)-- if requested by the Customer, I-Net will discount Customer’s monthly fee for that month by two percent (2%), and will be reflected on the next monthly invoice. However, at no time shall the total of all fee discounts provided Customer exceed ten percent (10%) of the Customers monthly service fee over the twelve month calendar period. As an illustration, if the Customers monthly fee is $1,000, the maximum discount that will be provided over the calendar year would be $100. 3.Reliability The I-Net network core is a diverse path, failover network. Recovery due to a network break or equipment failure in the primary ring should not be greater than three (3) seconds under worst case conditions, with detection and rerouting typically occurring in approximately one (1) second. 4.Maintenance Window and Planned Network Outages Regularly scheduled maintenance includes, but is not limited to upgrades, other than Planned Network Infrastructure Upgrades and Migrations Paragraph 16.4, and non-emergency repairs. Scheduled maintenance procedures may be performed on Sunday mornings between 6 a.m. and 9 a.m. Emergency work may be performed at any time necessary to maintain the operation of I- Net services. Notice will be given to the Customer of planned network outages when such an outage will affect the Customer. An I-Net Outage Notification list, comprised of the Customer’s designated contact, will be maintained for this purpose. The County will notify the Customer of scheduled outages at 6c. - Administrative Services Department recommends approval of a three-year Page 36 of 221 City of Renton 28 of 36 CONTRACT NO. 02COR14 least two (2) business days in advance. The County will endeavor to notify the Customer of emergency outages as soon as possible. 5.Problem Reporting and Escalation Procedure Users Will initially report problems to their agency’s information technology (IT) organizations per their existing internal policies. A.The Customer’s IT personnel shall troubleshoot the problem to eliminate application, user platform, or other potential problem sources within its internal network. B.If the Customer then believes it is an I-Net problem, the Customer’s designated Technical Contact(s) shall contact the I-Net Network Operations Center. C.A service ticket will be created based on the trouble call, and the I-Net troubleshooting process and time clock will begin. D.I-Net Operations will provide a Problem Reporting and Escalation Procedure to the Customer and provide the Customer with progress and status information on the service ticket. The Customer should receive an initial callback regarding the status of the problem within thirty (30) minutes of the initial report. 6.Problem Escalation I-Net Operations will attempt to begin resolution of most problems within two (2) hours of the problem report initially being logged and a service ticket being generated. I-Net Operations will notify the Customer regarding the status of the reported problem and the estimated time to repair completion. The estimated time to repair will depend on the determination of whether or not the issue is outside the control of the County, such as a fiber or power outage, or within the control of the County. A.If, after two (2) additional hours, the problem has not been resolved (within the parameters of the support window and problem severity), the Customer may contact the I-Net Business Manager to escalate the problem priority. At this point, the I-Net Business Manager will assess the internal or external situation, escalate the service ticket’s priority as necessary, and provide a best estimate of time to repair completion. B.If an I-Net engineer is required to visit a Site to repair or troubleshoot a problem, the Customer may be charged for this service. There will be no charge if the problem necessitating the visit is due to a failure with I-Net’s equipment or network that was not the result of Customer activity, or is caused by the County. In all other situations, the Customer will be charged for the visit. The charge for this service will be $150 per hour, including travel time, with a minimum 2-hour charge. This charge will be added to the Customer’s monthly invoice. 7.New Service Requests The work required and timing for providing service requests varies depending on the nature of the service being requested and constraints imposed by the Customer’s status as an existing or new customer. A.For Service Changes, including changes for sites already receiving I-Net service, I-Net will add new services requiring only a software change, typically within ten (10) business days from the receipt of an I-Net Connectivity Change Request Form from the Customer, and I-Net engineering approval of the change. Services requiring hardware changes will be scheduled with the Customer. Upon receiving I-Net engineering and the Customer’s approval, I-Net will complete a service ticket and obtain written approval from the Customer. This approved service ticket will be processed by the County for Customer billing. 6c. - Administrative Services Department recommends approval of a three-year Page 37 of 221 City of Renton 29 of 36 CONTRACT NO. 02COR14 B.For new I-Net service locations, I-Net’s ability to provide requested service will be dependent upon the availability of existing fiber provisioning and integration with the Customer’s other existing sites on I-Net. This design will require the participation of both Parties. C.The County will generally add service to a new site, where minimal facilities engineering and provisioning tasks are required, within sixty (60) business days from receipt of an I- Net Connectivity Change Request Form specifying the service from the Customer. The County requires a minimum of ninety (90) business days to construct a typical installation when new fiber installation is required. When more than minimal facilities engineering and provisioning tasks are required, the installation of service will be negotiated with the Customer. All new services require a signed amendment identifying the Date of Activation as agreed upon mutually by both Parties. For all services provided to the Customer that requires engineering, design, or installation services by I-Net, an hourly fee will be charged as specified in Attachment A – Site(s) Covered. Service cannot be activated without a fully executed Contract in place. KCIT Contract Services is responsible for managing the contract process with the active support of I-Net management as required. 6c. - Administrative Services Department recommends approval of a three-year Page 38 of 221 City of Renton 30 of 36 CONTRACT NO. 02COR14 Attachment I – IPV4 Addresses IMPORTANT: IPV4 ADDRESS SPACE IS OWNED BY THE COUNTY AND REMAINS THE PROPERTY OF KING COUNTY. THE CUSTOMER HAS THE USE OF THIS ADDRESS SPACE ONLY WHILE THIS CONTRACT IS IN PLACE. THE COUNTY CANNOT GUARANTEE CONTIGUOUS IPV4 ADDRESSES WHEN THE CUSTOMER IS PURCHASING ADDITIONAL IPV4 ADDRESSES, UNLESS AGREED TO IN WRITING BY THE COUNTY. 6c. - Administrative Services Department recommends approval of a three-year Page 39 of 221 City of Renton 31 of 36 CONTRACT NO. 02COR14 Attachment J – Evidence of Insurance Coverage 6c. - Administrative Services Department recommends approval of a three-year Page 40 of 221 City of Renton 32 of 36 CONTRACT NO. 02COR14 Attachment K – I-Net Rate Card 6c. - Administrative Services Department recommends approval of a three-year Page 41 of 221 City of Renton 33 of 36 CONTRACT NO. 02COR14 Attachment L – Customer Network Topology 6c. - Administrative Services Department recommends approval of a three-year Page 42 of 221 City of Renton 34 of 36 CONTRACT NO. 02COR14 Attachment M – Customer Access to I-Net SharePoint Site The Customer shall have access to an “I-Net Partner Workspace”, a secure SharePoint site created specifically for that Customer. On the Sharepoint site the term “Partner” has the equivalent meaning as “User” or “Customer”. The Partner Workspace is an important source for communications between the Customer and King County I-Net, specifically the KCIT I-Net team, KCIT Contracts, and KCIT Billing staff. It is intended to be used to view, post, and exchange important information between the Customer and County. . Access to the Partner Workspace is limited to County and Customer staff with a valid user ID and password. Customer information is treated as confidential, unless disclosure is required by applicable law. Credentials will be provided to identified staff upon the execution of this Contract. Navigating to Your I-Net Partner Workspace Your Partner Workspace includes a Parent Site where global announcements and calendar information will be posted. By selecting “All Site Content” on the left of the Parent Site, you will see your Partner Workspace listed. Partner Site URL: https://kcmicrosoftonlinecom- 40.sharepoint.microsoftonline.com/inet2_partners/SitePages/Home.aspx If you don’t see the name of your organization, please call the I-Net Network Operations Center at 206-263-7000 or e-mail inetops@kingcounty.gov. 6c. - Administrative Services Department recommends approval of a three-year Page 43 of 221 City of Renton 35 of 36 CONTRACT NO. 02COR14 Attachment N – Data Center Services Rate Card Whole Cabinet *Half Cabinet * Co-Location $898 $498 Remote Hands $1 $1Level 1 Monthly Pricing TOTAL $899 $499 * For 1U cabinet pricing, contact the Data Center Manager at 206-263-8058. Whole Cabinet *Half Cabinet * Co-Location $898 $498 Smart Hands $101 $101Level 2 Monthly Pricing TOTAL $999 $599 * For 1U cabinet pricing, contact the Data Center Manager at 206-263-8058. Co-location: -Segregated, secure state-of-the-art cabinets: locked, redundant power capable, hot/cold aisle contained within cabinet. -CIJS-compliant physical security: multiple layers of physical security, including two layers of “2 Factor” access security, 7x24 security presence, 7x24 King County staff presence, video surveillance cameras. -Segregated, secure network connectivity Remote Hands: -Visual verification to assist remote troubleshooting efforts -Racking and stacking equipment -Swapping removable media (tapes, CDs, DVDs, etc.) -Handling off-site storage requirements -Labeling equipment or taking digital photos Smart Hands: -Technical assistance and troubleshooting -Equipment installations and configurations -Interface card removal, installation and configuration -Testing media for continuity & proper signaling -Inventory of equipment -Power cycling: router, server, switch, soft-boot -Adding, removing or verifying a demarcation -Moving equipment within your space and cabinets -Wiring services: moving, securing and terminating cables Standard Virtual Environment – pricing variesManaged Systems Service Cloud Partnerships (future) Managed Systems Services: -Segregation: physical separation of systems in secured cabinets; physical separation of networks. -Staffing Options: 7x24 staff environment -Security: CJIS & HIPAA compliant, physical security model. 6c. - Administrative Services Department recommends approval of a three-year Page 44 of 221 City of Renton 36 of 36 CONTRACT NO. 02COR14 Attachment O – Colocation Agreement The parties agree that the Customer may use space from the County for the colocation of its: N/A The following colocation options are available for the Customer below. See Attachment N – Pricing for pricing. a)Co-Location Level 1 (Whole cabinet or half cabinet) (CL1W or CL1H): Cabinets are segregated and locked with redundant power capable. Hot aisle/cold aisle contained within cabinet. CJIS-compliant physical security CJIS-compliant physical security is provided. The multiple layers of physical security include: two layers of "2 Factor" access security, 7x24 King County staff presence, video surveillance cameras, and 7x24 security presence. b)Remote Hands Service (RHS): Visual verification to assist remote troubleshooting efforts; racking and stacking equipment; swapping removable media (tapes, CDs, DVDs, etc.); handling off-site storage requirements; labeling equipment and taking digital photos; and secure network connectivity. c)Co-Location Level 2 (Whole cabinet or half cabinet) (CL2W or CL2H): All features and services of Co-Location Level 1, PLUS: Smart Hands service offering technical assistance and troubleshooting; equipment installations and configurations; interface card removal, installation and configuration; testing media for continuity and proper signaling; inventory of equipment; power cycling for router, server, switch, and soft-boot; adding, removing or verifying a demarcation; moving equipment within your space and cabinets; and wiring services (moving, securing, and terminating cables). d)Managed Systems Service (MSSVE or MSCS): Features of Managed System Services are: segregation (physical separation of systems in secured cabinets and physical separation of networks), staffing options in a 24/7 staff environment, and security (CJIS and HIPAA compliant and a physical security model). Two options are available: Standard Virtual Environment (MSSVE): 2 vProc, 8 GB RAM, up to 150 GB storage, additional vProcs, RAM, and storage space can be added. Cloud Services (MSCS): (available 2014) 6c. - Administrative Services Department recommends approval of a three-year Page 45 of 221 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT ENTITLED “CONTRACT BETWEEN KING COUNTY, WASHINGTON AND CITY OF RENTON FOR INSTITUTIONAL NETWORK SERVICES, CONTRACT NO. 02COR14”. WHEREAS, King County has deployed the Institutional Network (hereinafter “I-Net”); and WHEREAS, King County offers I-Net services to local cities; and WHEREAS, the City of Renton previously contracted with King County for these services; and WHEREAS, the contract with King County has terminated; and WHEREAS, the City of Renton has continued need for these services; and WHEREAS, the City of Renton will use I-Net facilities and services for educational, public television channel access, governmental communication purposes, and not for any for-profit purposes; and WHEREAS, the City of Renton and King County have negotiated terms to renew the contract; and WHEREAS, RCW 39.34.080 authorizes the City of Renton to enter into interlocal agreements with other public agencies; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES RESOLVE AS FOLLOWS: SECTION I.The above recitals are found to be true and correct in all respects. 6c. - Administrative Services Department recommends approval of a three-year Page 46 of 221 RESOLUTION NO. _______ 2 SECTION II.The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement entitled “Contract between King County, Washington and City of Renton for Institutional Network Services, Contract No. 02COR14”. 6c. - Administrative Services Department recommends approval of a three-year Page 47 of 221 RESOLUTION NO. _______ 3 PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2014. ______________________________ Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this ______ day of _____________________, 2014. ______________________________ Denis Law, Mayor Approved as to form: ______________________________ Lawrence J. Warren, City Attorney RES.1627:2/17/14:jao 6c. - Administrative Services Department recommends approval of a three-year Page 48 of 221 CITY OF RENTON COUNCIL AGENDA BILL Subject/Title: Adoption of 2012 Building and Fire Codes Meeting: REGULAR COUNCIL - 03 Mar 2014 Exhibits: Issue Papers: l Adoption of Fire and Building Codes; Sky Lanterns Ban; Indoor Pyrotechnics Ban; Building Administrative Code Adoption - March 2013 Submitting Data: Dept/Div/Board: Community and Economic Development Staff Contact: Neil Watts (x7218) and Corey Thomas (x7024) Recommended Action: Refer to Planning and Development Committee for the March 13th meeting and to the Public Safety Committee for a briefing at the March 17th meeting. Fiscal Impact: Expenditure Required: $ Transfer Amendment: $ Amount Budgeted: $ Revenue Generated: $ Total Project Budget: $ City Share Total Project: $ SUMMARY OF ACTION: EXHIBITS CONTINUED: Draft Ordinances/Amendments: 4-5-050, Chapter 5, Building and Fire Prevention Standards; 4-5-051, Washington State Energy Code Amendment; 4-5-055 International Residential Code Amendment; 4-5-060, Construction Administrative Code; 4-5-070, International Fire Code The State adopted the 212 International Fire and Building Codes July 1, 2013. The Community and Economic Development and Fire and Emergency Services Departments are proposing an update to the Renton Municipal Code that adopts the 212 International Building Code, Fire Code, Mechanical Code, Residential Code, and Uniform Plumbing Code with local amendments. This will allow the City to bring forward local amendments and utilize the same Code as adopted by the State of Washington. STAFF RECOMMENDATION: Adopt the 2012 Building and Fire Codes and associated amendments. 6d. - Community and Economic Development Department recommends Page 49 of 221 DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT M E M O R A N D U M DATE:February 14, 2014 TO:Don Persson, Council President Members of Renton City Council VIA:Denis Law, Mayor FROM:C.E. “Chip” Vincent, CED Administrator/Planning Director (x 6588) STAFF CONTACT:Neil Watts, Development Services Director (x-7218) SUBJECT:Adoption of the 2012 International Fire and Building Codes ISSUE The State adopted the 2012 International Fire and Building Codes July 1, 2013. The Community and Economic Development and Fire and Emergency Services Departments are proposing an update to the Renton Municipal Code that adopts the 2012 International Building Code, Fire Code, Mechanical Code, Residential Code, and Uniform Plumbing Code with local amendments. This will allow the City to bring forward local amendments and utilize the same Code as adopted by the State of Washington. RECOMMENDATION The Community and Economic Development Department and Fire and Emergency Services Department recommends adoption of the 2012 International Fire and Building codes with local amendments and adoption of the related ordinance. BACKGROUND The State Building Code Council reviewed and adopted the 2012 International Fire and Building Codes effective as the statewide minimum fire and building codes on July 1, 2013. In order for the City to bring forward local amendments that can be enforced, it is necessary to adopt the 2012 International Fire and Building Codes and local amendments by ordinance. The Fire & Emergency Services and Community and Economic Development Department partnered to form a consensus on local amendments to the 2012 International Fire and Building Codes. The major changes to the building codes and local amendments are highlighted below. The changes and local amendments to the fire code are outlined in a separate issue paper from the Fire & Emergency Services Department. 6d. - Community and Economic Development Department recommends Page 50 of 221 Adoption of 2012 Building Codes Page 2 of 2 February 14, 2014 Adoption of the 2012 International Fire Code. Adoption of the 2012 International Building Code, International Residential Code, International Mechanical Code and Uniform Plumbing Code. Adoption of local amendments to the fire and building codes to remain consistent with local amendments approved for the 2012 Fire Code. Replacing the administrative sections of the building codes with a unified administrative building code section for Renton administrative procedures. Clarifying the requirement for at least one elevator capable of holding a bariatric gurney in certain classifications of new buildings. Requiring fire sprinkler systems in new single family houses that are outside of a seven minute response time from a fire station. Attachment cc:Jay Covington, CAO Kevin Milosevich, Police Chief Mark Peterson, Fire Chief/Emergency Services Administrator Larry Warren, City Attorney 6d. - Community and Economic Development Department recommends Page 51 of 221 FIRE & EMERGENCY SERVICES M E M O R A N D U M DATE:February 14, 2014 TO:Don Persson, Council President Members of Renton City Council VIA:Denis Law, Mayor FROM:Mark Peterson, Fire Chief, x7083 STAFF CONTACT:Corey Thomas, Plans Review Inspector, x7024 SUBJECT:Request for Adoption of an Amendment to Ban the Use of Sky Lanterns ISSUE: Should the city approve adoption of a ban on the use of sky lanterns in the city? RECOMMENDATION: Approve adoption of an amendment to the 2012 International Fire Code to ban the use of sky lanterns in the city. BACKGROUND SUMMARY: Sky lanterns are essentially small hot air balloons, made of a pillowcase-shaped fabric or paper device covering a light-weight metal frame. A ring of wax is ignited and the device fills with hot air and rises, glowing, into the night sky. These devices have become quite popular in the United States due to the recent movie Tangled. Currently fireworks are banned in the city of Renton. Fireworks have an explosive pyrotechnic component that is spent within one minute. In contrast, sky lanterns burn for five to 15 minutes and float through the air carried on wind currents. They cannot be controlled once released and can land anywhere while still burning and cause fires to roofs, vegetation, or buildings. Besides the potential for burning land and structures, they have the potential to climb up to 1,500 feet causing hazards to aircraft traveling to and from Renton Airport. The sky lanterns are becoming more popular throughout the United States and many cities are banning them due to their hazards. Sky lanterns have been prevalent longer in other parts of the world and are banned completely in many countries. Australia has 6d. - Community and Economic Development Department recommends Page 52 of 221 Don Persson, Council President Members of the City Council Page 2 of 2 February 14, 2014 completely banned the use of the devices and restricted the sale of materials used in their construction. Because of the extreme fire hazard and danger to the many aircraft over Renton, the Renton Fire and Emergency Services Department is proposing this amendment to the International Fire Code. 6d. - Community and Economic Development Department recommends Page 53 of 221 FIRE & EMERGENCY SERVICES M E M O R A N D U M DATE:February 14, 2014 TO:Don Persson, Council President Members of Renton City Council VIA:Denis Law, Mayor FROM:Mark Peterson, Fire Chief, x7083 STAFF CONTACT:Corey Thomas, Plans Review Inspector, x7024 SUBJECT:Request for Adoption of an Amendment to Ban the Indoor Use of Pyrotechnics ISSUE: Should the city approve adoption of a ban on indoor use of pyrotechnics in the performing arts in conjunction with theatrical, musical, or similar productions before a proximate audience, performers, or support personnel as allowed by state law? RECOMMENDATION: Approve adoption of an amendment to the 2012 International Fire Code to ban the indoor use of pyrotechnics before a proximate audience. BACKGROUND SUMMARY: The city adopted a total ban of the outdoor use of fireworks as of May 21, 2005. It is past time that we do the same for indoor use of fireworks. We still receive requests for permits for such performances. Pyrotechnics and places of assembly can be a deadly combination. When fires occur in these occupancies, it has been repeatedly demonstrated that large numbers of deaths can and do occur. With adoption of this proposed code amendment, it is possible to reduce the risk of injury and death caused by these types of fires. The risks associated with fires started from the use of indoor pyrotechnics have been highlighted from multiple major losses in the past decade around the world. We do not want to be one of those headlines. In 2003 The Station nightclub fire in Warwick, Rhode Island, left 100 dead and 230 injured. In 2004 a fire at the Republica Cromanon Nightclub in Buenes Aires, Argentina, claimed 194 lives. In 2008 the Wuwang Club fire in Shenzen, China, left 43 dead and 88 injured. In 2009 the Santika Club fire in Bankok, Thailand, claimed 66 lives and left 222 injured. Also in 2009 the Lame Horse Club fire in 6d. - Community and Economic Development Department recommends Page 54 of 221 Don Persson, Council President Members of the City Council Page 2 of 2 February 14, 2014 Perm, Russia, left 150 dead and 160 injured. Finally, in 2013, the Kiss Night Club fire in Santa Maria, Brazil, claimed 242 lives and left 168 injured. All of these horrific fires were started with the use of indoor pyrotechnics, tragedies that could have been avoided. It is essential that we learn from these tragic fires. The ability to enact code changes and amendments that will help prevent these types of horrifying events lies within our reach. Granted, the code amendment to ban fireworks in these venues will still need to be accompanied by comprehensive and thorough fire inspections, but the results can protect our citizens from gruesome death or injury. You would think that we would learn. We do not! The general public holds the misconception that all public areas are safe, that if a fire occurs they will be rescued in time. The truth is there is a strong likelihood that they may be caught in a raging inferno if the proper codes are not adopted and enforced. The citizens of our city deserve the best fire protection we can possibly provide for them. An amendment that involves no cost to put into place will put our city one step closer to a safe Place of Assembly environment. It is a simple question: would you rather have you or your family members in a building that does not allow fireworks discharge or is the excitement of the fireworks show worth the chance they may never come home again? 6d. - Community and Economic Development Department recommends Page 55 of 221 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E M O R A N D U M DATE:February 14, 2014 TO:Don Persson, Council President Members of the Renton City Council VIA:Denis Law, Mayor FROM:C.E. “Chip” Vincent, CED Administrator/Planning Director (x 6588) STAFF CONTACT:Neil Watts, Development Service Director (x7218) SUBJECT:Request for Adoption of Unified Building Administrative Code Section ISSUE: Should the City approve adoption of a single Administrative Section for the nine separate building codes references, adopt code language to match existing administrative practices, and adopt new codes to revise permit time limits? RECOMMENDATION: Approve adoption of a unified building administrative code to replace the separate administrative code sections for the city’s nine building codes. Approve revisions to permit time frames to simplify tracking of permits, reduce staff time in managing expiration dates, and to simplify procedures for permit applicants. Adopt code revisions to create refund incentives for Green Building projects. Adopt code revisions to waive permit fees for building repair permits for city declared disasters. BACKGROUND SUMMARY: The City has adopted nine separate building and fire code manuals, each with a separate Chapter 1 that outlines the administrative rules permits and inspections within that particular manual. Most cities have replaced these multiple administrative sections with a single unified administrative section. This allows for easier reference for both staff and our customers, for consistency between the section for requirements for permits and inspections, and for consistency between the codes when adopting new administrative standards. Recent review of our permit application times frames and time frames for issued permits revealed an opportunity for improvement for both staff and our customers by revising these time frames. Rather than make the amendments to nine separate building codes administrative chapters, this provides an opportunity to unify these sections for efficiency and clarity. There are long standing general work practices that are not accurately represented in the generic administration chapters which can also be modified at this time for improved clarification of our 6d. - Community and Economic Development Department recommends Page 56 of 221 Issue Paper – Unified Building Administration Code Page 2 of 3 February 14, 2014 procedures. In reviewing other cities’ adopted construction administration code, staff also wants to propose to new changes implemented in other cities. The first change is to authorize waiver of building fees during a city recognized disaster response for repair permits for damaged buildings. The second is to create an incentive for Green Building construction by authorizing a partial rebate of building permit fees for successfully completed Green Building certified buildings. The proposal for a unified Construction Administration Code would include the following items: Merge the Administration Chapters for nine adopted building codes into a single document. The nine codes are the 2009 International Building Code, the 2009 International Residential Code, the 2009 International Mechanical Code, the 2009 National Fuel Gas Code, the 2008 Liquefied Petroleum Gas Code, the 2009 International Fuel Gas Code, the 2009 Uniform Plumbing Code, the 2008 National Electrical Code and the 2009 International Property Maintenance Code. Clarify the adoption and use of the International Property Maintenance Code. Updated provisions for moved buildings Add a reference to the existing flood hazard codes in Renton Municipal Code. Formally adopts ATC 20 and ATC 45 for emergency management response for inspecting and tagging damaged structures following a disaster. Lists the general responsibilities for owner, design professionals, structural engineer, contractor, plan reviewer and inspector. Adopts requirement for contractor to verify State contractor license and City business license. Adopts the plan review condominium requirements from RCW 64.55. Provides clearer language for permitting of temporary structures. Sets a specific “investigative fee” for construction work started prior to obtaining required building permit Establishes a refund policy consistent with other Alliance cities. Allows the building official to require a land survey when warranted. Allows the building official to require a pre-construction meeting when warranted. Prohibits and defines concealment of work prior to inspection and approval. Formally establishes requirement for an erosion control/critical area inspection prior to beginning construction. Adopts the inspection and final occupancy requirements for condominiums from RCW 64.55. Clarifies that appeals go to the CED Administrator rather than a Board of Appeals. Clarifies that violations are covered as a civil violation, with potential administrative citations and fines. The new Construction Administration Code will add the following new items: Revise the time allowed for processing a building permit application to 18 months, and allow for cancellation of the application if there is no response to requested inspections within 90 days. 6d. - Community and Economic Development Department recommends Page 57 of 221 Issue Paper – Unified Building Administration Code Page 3 of 3 February 14, 2014 Revise the time allowed for completion of a permitted project to two years for building permits and one year for trade permits. A single one year extension can be obtained for half the original permit fee. Establish a new incentive for Green Building projects by allowing for a rebate of a portion of the building permit fees upon completion and certification of the project. Authorizes the waiver of future building permit fees for repair of structures damaged in a disaster, provide the disaster is designated by the city. 6d. - Community and Economic Development Department recommends Page 58 of 221 6d. - Community and Economic Development Department recommends Page 59 of 221 6d. - Community and Economic Development Department recommends Page 60 of 221 6d. - Community and Economic Development Department recommends Page 61 of 221 6d. - Community and Economic Development Department recommends Page 62 of 221 6d. - Community and Economic Development Department recommends Page 63 of 221 6d. - Community and Economic Development Department recommends Page 64 of 221 6d. - Community and Economic Development Department recommends Page 65 of 221 6d. - Community and Economic Development Department recommends Page 66 of 221 6d. - Community and Economic Development Department recommends Page 67 of 221 6d. - Community and Economic Development Department recommends Page 68 of 221 6d. - Community and Economic Development Department recommends Page 69 of 221 6d. - Community and Economic Development Department recommends Page 70 of 221 6d. - Community and Economic Development Department recommends Page 71 of 221 6d. - Community and Economic Development Department recommends Page 72 of 221 6d. - Community and Economic Development Department recommends Page 73 of 221 6d. - Community and Economic Development Department recommends Page 74 of 221 4-5-051 WASHINGTON STATE ENERGY CODE ADOPTED: The 2006 Washington State Energy Code as adopted by the state of Washington, Second Edition (chapter 51-11 WAC), is hereby adopted by reference. The Washington State Energy Code (WSEC), as adopted by the State Building Code Council in Chapter 51-11 WAC, is adopted by reference. (Ord. 5297, 7-2-2007; Ord. 5555, 10-11-2010) 4-5-055 INTERNATIONAL RESIDENTIAL CODE: A. ADOPTION: The “International Residential Code,” 2009 Edition, as published by the International Code Council, Inc., as amended by chapter 51-40 WAC, is hereby adopted by reference. The 2012 Edition of the International Residential Code (IRC), as adopted and amended by the State Building Code Council in Chapter 51-51 WAC, as published by the International Code Council, is adopted by reference. Chapter 1, Administration, is not adopted and the Construction Administrative Code, as set forth in RMC 4-5-060, shall be used in place of IRC Chapter 1, Administration. (Amd. Ord. 5297, 7-2-2007; Ord. 5555, 10-11- 2010) B. APPLICABILITY: It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code. Unless otherwise specified, violations of this Section are civil infractions subject to RMC 1-3-2. (Ord. 5159, 10-17-2005; Ord. 5555, 10-11-2010) C. STATE AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE: The International Residential Code, 2009 Edition, as amended by chapter 51-40 WAC, is hereby adopted by reference and as an amendment to the International Residential Code and shall supersede conflicting sections of the International Residential Code. (Ord. 5555, 10-11-2010) D. CITY AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE: 1. Certificate of Occupancy: Section R110.1 of the International Residential Code is hereby amended as follows. Exception: Certificates of Occupancy shall not be required for detached one and two family dwellings. 2. Violations and Penalties: Section R113.4 of the International Residential Code is hereby amended by substituting in its stead subsection B of this Section, Applicability, and RMC 1-3-2, Civil Penalties. 3. Appeals Board: The Appeals Board for purposes of Section R112.1 of the International Residential Code shall hereafter be the Community and Economic Development Administrator. (Ord. 5085, 6-21- 2004; Amd. Ord. 5157, 9-26-2005; Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012) 6d. - Community and Economic Development Department recommends Page 75 of 221 4-5-055 INTERNATIONAL RESIDENTIAL CODE: A. ADOPTION: The “International Residential Code,” 2009 Edition, as published by the International Code Council, Inc., as amended by chapter 51-40 WAC, is hereby adopted by reference. (Amd. Ord. 5297, 7-2-2007; Ord. 5555, 10-11-2010) B. APPLICABILITY: It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code. Unless otherwise specified, violations of this Section are civil infractions subject to RMC 1-3-2. (Ord. 5159, 10-17-2005; Ord. 5555, 10-11-2010) C. STATE AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE: The International Residential Code, 2009 Edition, as amended by chapter 51-40 WAC, is hereby adopted by reference and as an amendment to the International Residential Code and shall supersede conflicting sections of the International Residential Code. (Ord. 5555, 10-11-2010) D. CITY AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE: 1. Certificate of Occupancy: Section R110.1 of the International Residential Code is hereby amended as follows. Exception: Certificates of Occupancy shall not be required for detached one and two family dwellings. 2. Violations and Penalties: Section R113.4 of the International Residential Code is hereby amended by substituting in its stead subsection B of this Section, Applicability, and RMC 1-3-2, Civil Penalties. 3. Appeals Board: The Appeals Board for purposes of Section R112.1 of the International Residential Code shall hereafter be the Community and Economic Development Administrator. (Ord. 5085, 6-21- 2004; Amd. Ord. 5157, 9-26-2005; Ord. 5450, 3-2-2009; Ord. 5676, 12-3-2012) 4. Appendix S Fire Sprinklers: AS107.1 Fire Sprinklers. An approved automatic fire sprinkler system shall be installed in new one-family and two family dwellings and townhouses in accordance with Appendix R. Exception: New one-family and two family dwellings and townhouses identified as being less than seven minutes total response time from a responding fire station as identified by city 6d. - Community and Economic Development Department recommends Page 76 of 221 records and shown in Map A hereby referenced. Total response time is defined by the total of travel time plus turnout time as defined by NFPA 1710. 5. Appendix R Dwelling Unit Fire Sprinkler Systems: The design and installation of residential fire sprinkler systems shall be in accordance with the 2012 International Residential Code Section P2904 Dwelling Unit Fire Sprinkler Systems. 6d. - Community and Economic Development Department recommends Page 77 of 221 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 5, BUILDING AND FIRE PREVENTION STANDARDS, OF TITLE IV (DEVELOPMENT REGULATIONS) OF THE RENTON MUNICIPAL CODE, BY ADDING A NEW SECTION 4-5-060, TO BE ENTITLED “CONSTRUCTION ADMINISTRATIVE CODE”. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I.Chapter 5, Building and Fire Prevention Standards, of Title IV (Development Regulations) of the Renton Municipal Code, is hereby amended to add a new section 4-5-060, to be entitled “Construction Administrative Code”, to read as follows: 4-5-060 CONSTRUCTION ADMINISTRATIVE CODE: A.SECTION 101 – GENERAL: 1.101.1 Title. These regulations shall be known as the Construction Administrative Code of the City of Renton, hereinafter referred to as “this code”. 2.101.2 Scope. The provisions of this Construction Administrative Code shall apply to building, plumbing, and mechanical permits and the following “Construction Codes”: 1.2012 International Building Code – WAC 51-50 2.2012 International Residential Code – WAC 51-51 3.2012 International Mechanical Code – WAC 51-52 4.2012 National Fuel Gas Code (ANSI Z223.1/NFPA 54) – WAC 51-52 5.2011 Liquefied Petroleum Gas Code (NFPA 58) – WAC 51-52 6.2012 International Fuel Gas Code – WAC 51-52 6d. - Community and Economic Development Department recommends Page 78 of 221 2 7.2012 Uniform Plumbing Code – WAC 51-56 and 51-57 8.2008 National Electrical Code 9.2012 International Property Maintenance Code 3.101.2.1 Definitions. For the purpose of this section, certain terms, phrases, words and their derivatives shall have the meanings set forth in this section. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Webster’s Third International Dictionary of the English Language, Unabridged, latest edition, shall be considered as providing ordinary accepted meanings. Words used in the singular include the plural and the plural the singular. Words used in the masculine gender include the feminine and the feminine the masculine. a. “Action” means a specific response complying fully with a specific request by the jurisdiction. b. “Building service equipment” means and refers to the plumbing, mechanical and electrical equipment including piping, wiring, fixtures, and other accessories which provide sanitation, lighting, heating, ventilation, cooling, refrigeration, firefighting, and transportation facilities essential to the occupancy of the building or structure for its designated use. c. “Complete response” means an adequate response to all requests from City staff in sufficient detail to allow the application to be processed. d. “Occupancy” means the purpose for which a building, or part thereof, is used or intended to be used. 6d. - Community and Economic Development Department recommends Page 79 of 221 3 e. “Shall,” as used in this section, is mandatory. f. “Valuation” or “value” as applied to a building or building service equipment, means and shall be the estimated cost to replace the building and its building service equipment in kind, based on current replacement costs. It shall also include the contractor’s overhead and profit. 4.101.3 Appendices. Provisions in the appendices shall not apply unless specifically adopted. 5.101.4 Intent. The purpose of the construction codes and the Construction Administrative Code is to establish the minimum requirements to safeguard the public health, safety and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment and to provide safety to fire fighters and emergency responders during emergency operations. 6.101.5 Referenced Codes. The codes listed in subsections RMC 4-5- 060.A.6.a, 101.5.1 International Building Code – Scope, through RMC 4-5- 060.A.6.k, 101.5.10 Ventilation, and referenced elsewhere in the construction codes and the Construction Administrative Code shall be considered part of the requirements of the construction codes and the Construction Administrative Code to the prescribed extent of each such reference. a. 101.5.1 International Building Code – Scope. The provisions of the International Building Code (IBC) shall apply to the construction, alteration, 6d. - Community and Economic Development Department recommends Page 80 of 221 4 movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. Exception: Detached one (1) - and two (2) - family dwellings and multiple single-family dwellings (townhouses) not more than three (3) stories above grade plane in height with separate means of egress and their accessory structures shall comply with the International Residential Code. b. 101.5.2 International Residential Code – Scope. The provisions of the International Residential Code for One- and Two-Family Dwellings (IRC) shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one (1) - and two (2) - family dwellings and multiple single-family dwellings (townhouses) not more than three (3) stories above grade plane in height with a separate means of egress and their accessory structures, including adult family homes, foster family care homes and family day care homes licensed by the Washington state department of social and health services. Exception: Live/work units complying with the requirements of Section 419 of the International Building Code shall be permitted to be built as one (1) - and two (2) - family dwellings or townhouses. Fire suppression required by Section 419.5 of the International Building Code when constructed under the International Residential Code for One- and Two-Family Dwellings shall conform to Section 903.3.1.3 of the International Building Code. 6d. - Community and Economic Development Department recommends Page 81 of 221 5 c. 101.5.3 Electrical Code – Scope. The provisions of the Renton Code apply to the installation of electric conductors, electric equipment, alterations, modifications or repairs to existing electrical installations for the following: i. Electrical conductors, electrical equipment, and electrical raceways installed within or on public and private buildings, property or other structures. ii. Signaling and communications conductors and equipment, telecommunications conductors and equipment, fiber optic cables, and raceways installed within or on public and private buildings, property or other structures. iii. Yards, lots, parking lots, and industrial substations. iv. Temporary electrical installations for use during the construction of buildings. v. Temporary electrical installations for carnivals, conventions, festivals, fairs, traveling shows, the holding of religious services, temporary lighting of streets, or other approved uses. vi. Installations of conductors and equipment that connect to a supply of electricity. vii. All other outside electrical conductors on the premises. viii. Optional standby systems derived from portable generators. Exception: Installations under the exclusive control of electric utilities for the purpose of communication, transmission, and distribution of electric energy located in buildings used exclusively by utilities for such purposes or located 6d. - Community and Economic Development Department recommends Page 82 of 221 6 outdoors on property owned or leased by the utilities or on public highways, streets, roads, etc., or outdoors by established rights on private property. It is the intent of this section that this code covers all premises’ wiring or wiring other than utility owned metering equipment, on the load side of the service point of buildings, structures, or any other premises not owned or leased by the utility. Also, it is the intent that this code covers installations in buildings used by the utility for purposes other than listed above, such as office buildings, warehouses, garages, machine shops, and recreational buildings which are not an integral part of a generating plant, substation, or control center. The provisions of 296-46B WAC may also apply to electrical installations and alterations. The provisions of Chapter 480-93 WAC are enforced by the Washington Utilities and Transportation Commission, while the provisions of Chapter 296-46B WAC are enforced by the Washington State Department of Labor and Industries. d. 101.5.4 Gas Code – Scope. The provisions of the International Fuel Gas Code (IFGC) shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this code when utilizing natural gas and gaseous hydrogen except those regulated by the International Residential Code (IRC) and those utilizing LPG. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories. 6d. - Community and Economic Development Department recommends Page 83 of 221 7 e. 101.5.5.1 Mechanical Code – Scope. The provisions of the International Mechanical Code (IMC) shall apply to the design, installation, maintenance, alteration and inspection of mechanical systems that are permanently installed and utilized to provide control of environmental conditions and related processes within buildings. The International Mechanical Code shall also regulate those mechanical systems, system components, equipment and appliances specifically addressed herein. The installation of fuel gas distribution piping and equipment, fuel gas-fired appliances and fuel gas- fired appliance venting systems shall be regulated by the International Fuel Gas Code. Exceptions: i. Detached one (1) - and two (2) - family dwellings and multiple single-family dwellings (townhouses) not more than three (3) stories high with separate means of egress and their accessory structures shall comply with the International Residential Code. ii. The standards for liquefied petroleum gas (LPG) installations shall be NFPA 58 (Liquefied Petroleum Gas Code) and ANSI Z223.1/NFPA 54 (National Fuel Gas Code). f. 101.5.5.2 Other authorities. In addition to the International Mechanical Code, provisions of Chapter 480-93 WAC regarding gas pipeline safety may also apply to single meter installations serving more than one (1) 6d. - Community and Economic Development Department recommends Page 84 of 221 8 building. The provisions of Chapter 480-93 WAC are enforced by the Washington Utilities and Transportation Commission. g. 101.5.6 Plumbing Code – Scope. The provisions of the Uniform Plumbing Code (UPC) 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. h. 101.5.7 Property maintenance. The provisions of the International Property Maintenance Code, as amended by RMC 4-5-130 shall apply to existing structures to provide minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the use and occupancy, location, and maintenance of all residential buildings and other structures within this jurisdiction. i. 101.5.8 Fire prevention. The provisions of the International Fire Code (IFC) shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation: and matters related to preparedness for natural or manmade disasters. 6d. - Community and Economic Development Department recommends Page 85 of 221 9 j. 101.5.9 Energy Code – Scope. The provisions of the Washington State Energy Code (WSEC) shall apply to all matters governing the design and construction of buildings for energy efficiency. k. 101.5.10 Ventilation. The provisions of the mechanical code shall apply to all occupancies to govern minimum requirements for ventilation. B.SECTION 102 – APPLICABILITY: 1.102.1.1 General. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in any specific case, different sections of the construction codes specify different materials, methods of construction or other requirements, the most restrictive shall govern except that the hierarchy of the codes named in RCW 19.27 shall govern. 2.102.1.2 New Installations. This section applies to new installations. Exception: If an electrical, plumbing or mechanical permit application is received after this section has taken effect, but is identified with a building permit application received prior to the effective date of the ordinance codified in this section, all applicable codes adopted and in force at the time of a complete building permit application will apply. 3.102.1.3 Existing installations. Lawfully installed existing installations that do not comply with the provisions of this section shall be permitted to be continued without change, except as is specifically covered in this section, the International Fire Code or as is deemed necessary by the building official for the 6d. - Community and Economic Development Department recommends Page 86 of 221 10 general safety and welfare of the occupants and the public. Where changes are required for correction of hazards, a reasonable amount of time shall be given for compliance, depending on the degree of the hazard. 4.102.1.4 Maintenance. Buildings and structures, including their electrical, plumbing and mechanical systems, equipment, materials and appurtenances, both existing and new, and parts thereof shall be maintained in proper operating condition in accordance with the original design and in a safe, hazard-free condition. Devices or safeguards that are required by this section shall be maintained in compliance with the code edition under which installed. The owner or the owner’s designated agent shall be responsible for the maintenance of the systems and equipment. To determine compliance with this provision, the code official shall have the authority to require that the systems and equipment be reinspected. 5.102.1.5 Additions, alterations, modifications or repairs. Additions, alterations, modifications or repairs to a building or structure or to the electrical, plumbing or mechanical system(s) of any building, structure, or premises shall conform to the requirements of this section without requiring those portions of the existing building or system not being altered or modified to comply with all the requirements of this section. Installations, additions, alterations, modifications, or repairs shall not cause an existing building to become unsafe or to adversely affect the performance of the building as determined by the building official or designated representative. Electrical wiring added to an 6d. - Community and Economic Development Department recommends Page 87 of 221 11 existing service, feeder, or branch circuit shall not result in an installation that violates the provisions of the code in force at the time the additions were made. 6.102.2 Other laws. The provisions of the construction codes and the Construction Administrative Code shall not be deemed to nullify any provisions of local, state or federal law. 7.102.3 Application of references. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section or provision of the construction codes. 8.102.4 Existing structures and installations. The legal occupancy of any structure existing on the date of adoption of the construction codes shall be permitted to continue without change, except as is specifically covered in the referenced codes listed in RMC 4-5-060.A.6, 101.5 Referenced Codes, this code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. 9.102.5 Added electrical wiring. Electrical wiring added to an existing service, feeder, or branch circuit shall not result in an installation that violates the provisions of this section in force at the time the additions were made. 10. 102.6.1 Moved buildings. Buildings or structures moved into or within a jurisdiction shall comply with the provisions of the International Residential Code (WAC 51-51), the International Building Code (WAC 51-50), the International Mechanical Code (WAC 51-52), the International Fire Code (WAC 51-54), the 6d. - Community and Economic Development Department recommends Page 88 of 221 12 Uniform Plumbing Code and Standards (WAC 51-56 and 51-57), and the Washington State Energy Code (WAC 51-11). Exception: Group R-3 buildings or structures are not required to comply if: a. The original occupancy classification is not changed; and b. The original building is not substantially remodeled or rehabilitated. For the purposes of this section a building shall be considered to be substantially remodeled when the costs of remodeling exceed sixty percent (60%) of the value of the building exclusive of the costs relating to preparation, construction, demolition or renovation of foundations. 11. 102.6.2 Moved Buildings, Electrical. a. Nonresidential buildings or structures moved into or within the jurisdiction must be inspected to ensure compliance with current requirements of this section. b. Residential buildings or structures moved into the jurisdiction must be inspected to ensure compliance with the NEC requirements in effect at the time and place the original wiring was made. The building or structure must be inspected to ensure compliance with all current requirements of Chapter 19.28 RCW and the rules developed by the department if: i. The original occupancy classification of the building or structure is changed as a result of the move; or ii. The building or structure has been substantially remodeled or rehabilitated as a result of the move. 6d. - Community and Economic Development Department recommends Page 89 of 221 13 12. 102.7.1 Referenced codes and standards. The codes and standards referenced in the construction codes shall be considered part of the requirements of the construction codes to the prescribed extent of each such reference. Where differences occur between provisions of the construction codes and referenced codes and standards, the provisions of the construction codes shall apply. Exception. Where enforcement of a code provision would violate the conditions of the listing of equipment or an appliance, the conditions of the listing and the manufacturer’s installation instructions shall apply. 13. 102.7.2 International Fire Code - Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 47, except the phrase “Electrical Code adopted by the City of Renton” shall be substituted for all references to the NFPA 70-08 National Electrical Code. Such codes and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference as determined or modified by the Fire Code Official. In the event the referenced codes are inconsistent with this code, this code shall apply. 14. 102.8 Partial invalidity. In the event that any part or provision of the construction codes is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions. 15. 102.9 Requirements not covered by code. Requirements necessary for the strength, stability or proper operation of an existing or proposed structure or 6d. - Community and Economic Development Department recommends Page 90 of 221 14 installation, or for the public safety, health and general welfare, not specifically covered by this code, shall be determined by the building official. 16.102.10 Structures in Areas of Special Flood Hazard. Buildings located in Areas of Special Flood Hazard shall be regulated under the International Building Code or the International Residential Code, and the Renton Municipal Code. C.SECTION 103 – ENFORCEMENT AUTHORITY: 1.103.1 Creation of Enforcement Agency. The building section is hereby created and the official in charge thereof shall be known as the building official. 2.103.2 Building official. The building official is responsible for administration and interpretation of the Construction Administrative Code and the construction codes, except that the fire marshal or his or her designee shall be responsible for administration and interpretation of the International Fire Code. 3.103.3 Deputies. The building official may delegate authority to a deputy building official, related technical officers, code enforcement officers, inspectors, plan examiners or other City employees. Such employees shall have powers as delegated by the building official. 4.103.4 Fire Marshal/Deputy(s)/Assistant(s). In accordance with prescribed procedures of this jurisdiction, the Fire Code Official shall have the authority to appoint a Fire Marshal, Deputy Fire Marshal(s) and/or Assistant Fire Marshal(s), other related technical officers, inspectors and other employees. 6d. - Community and Economic Development Department recommends Page 91 of 221 15 5.103.5 Assistance from other agencies. Police and other enforcement agencies shall have authority to render necessary assistance in the investigation of fires or the enforcement of this code as requested by the Fire Code Official, or his/her designee. 6.103.6 Obstructing operations. No person shall obstruct the operations of the Fire and Emergency Services Department in connection with extinguishment, control, or investigation of any fire or actions relative to other emergencies, or disobey any lawful command of the fire chief or officer of the Fire and Emergency Services Department in charge of the emergency, or any part thereof, or any lawful order of a police officer assisting the Fire and Emergency Services Department. D.SECTION 104 – ORGANIZATION AND DUTIES: 1.104.1 General. The building official is hereby authorized and directed to administer, interpret and enforce the provisions of this Construction Administrative Code and all construction codes using inspector consultation, except the International Fire Code. After consulting with the inspectors, the building official shall have the authority to render interpretations of said codes and to adopt policies and procedures in order to clarify the application of their provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of the codes and shall not have the effect of waiving requirements specifically provided for in the codes. All references in this code to the “department of fire prevention within the jurisdiction” shall be synonymous 6d. - Community and Economic Development Department recommends Page 92 of 221 16 with the Fire and Emergency Services Department under the direction of the Fire Code Official. The function of the department shall be the implementation, administration and enforcement of the provisions of this code. 2.104.2. Liability. The building official, or employee charged with the enforcement of this code, while acting in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties while acting in good faith and without malice and under the provisions of this code shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The building official or subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code. 3.104.3 Applications and permits. The building official shall receive applications, review construction documents and issue permits for the erection, alteration, demolition and moving of buildings, structures and building service equipment, inspect the premises for which such permits have been issued and enforce compliance with the provisions of the construction codes and the Construction Administrative Code. 6d. - Community and Economic Development Department recommends Page 93 of 221 17 4.104.4 Notices and orders. The building official shall issue all necessary notices or orders to ensure compliance with the construction codes and the Construction Administrative Code. 5.104.5 Declaration of emergency - tagging of buildings. Following a City of Renton-issued formal declaration of emergency, the building official shall be authorized to evaluate and provide building safety evaluations. Evaluations shall generally follow standards from the Applied Technology Council ATC 20, ATC 20- 1, or ATC 45 manuals. The procedure shall allow for the tagging of buildings as “Inspected,” “Limited Entry” or “Unsafe.” Notice of orders pertaining to dangerous buildings and appeal procedures established under adopted building codes shall not apply under official declarations of emergency. 6.104.6 Inspections. The building official shall make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise at the applicant’s expense. 7.104.7 Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under the construction codes and the Construction Administrative Code. 6d. - Community and Economic Development Department recommends Page 94 of 221 18 8.104.8 Right of entry. Where it is necessary to make an inspection to enforce the provisions of the construction codes and the Construction Administrative Code, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of the construction codes and the Construction Administrative Code which makes the structure or premises unsafe, dangerous or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by the construction codes and the Construction Administrative Code, provided that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry. 9.104.9 Department records. The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records. 6d. - Community and Economic Development Department recommends Page 95 of 221 19 10. 104.10 Approved materials and equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval. 11. 104.11 Used materials and equipment. The use of used materials and building service equipment which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless prior approval is obtained from the building official. 12. 104.12 Modifications. Wherever there are practical difficulties involved in carrying out the provisions of the construction codes and the Construction Administrative Code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner’s representative, provided the building official shall first find that special individual reason makes the strict letter of the construction codes and the Construction Administrative Code impractical and the modification is in compliance with the intent and purpose of the construction codes and the Construction Administrative 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 files of the department. The building official is authorized to charge an additional fee to evaluate any proposed modification under the provisions of this section. 13. 104.13 Alternative materials, design and methods of construction and equipment. The provisions of the construction codes are not intended to 6d. - Community and Economic Development Department recommends Page 96 of 221 20 prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by the construction codes, provided that any such alternative has been approved by the building official. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of the construction codes, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the construction codes in quality, strength, effectiveness, fire resistance, durability and safety. The building official is authorized to charge an additional fee to evaluate any proposed alternate material, design and/or method of construction and equipment under the provisions of this section. 14. 104.14 Research reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in the construction codes, shall consist of valid research reports from approved sources. 15. 104.15 Tests. Whenever there is insufficient evidence of compliance with the provisions of the construction codes, or evidence that a material or method does not conform to the requirements of the construction codes, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in the construction codes or by other recognized test standards. In the absence of 6d. - Community and Economic Development Department recommends Page 97 of 221 21 recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records. 16.104.16.1 Responsibility for compliance. Compliance with the requirements of this code is the obligation of the owner of the building, structure, or premises, the duly authorized agent of the owner, and other persons responsible for the condition or work, and not of the City or any of its officers, employees or agents. 17.104.16.2 Responsibilities of registered design professional in responsible charge. It is the responsibility of the registered design professional in responsible charge to ensure that the information in the construction documents is complete, accurate, and, to the best of the design professional’s knowledge, conforms to the requirements of this code. 18.104.16.3 Responsibilities of structural engineer in responsible charge. It is the responsibility of the structural engineer in responsible charge to: a. Design the primary structure; Exception: A licensed engineer other than the structural engineer in responsible charge may design the primary structure of single-story metal buildings. b. Specify design loads, configurations, controlling dimensions, deflection limits and/or other criteria necessary for the design of secondary structural 6d. - Community and Economic Development Department recommends Page 98 of 221 22 components and sub-systems and the selection of structurally qualified products; c. Determine the adequacy and conformance of the application of the structurally qualified products with the design intent of the City-approved construction documents; d. Review for compatibility with the City-approved construction documents previously approved by the building official, the deferred submittals for the primary structural frame and the design and deferred submittals for secondary members for the following structural elements: i. Wood trusses; ii. Glu-lam beams; iii. Steel joists; iv. Structural steel; v. Steel decking; vi. Prefabricated stair systems; vii. Precast concrete piles; viii. Post-tensioned floor systems; ix. Curtain wall systems; x. Precast prestressed planks; xi. Major skylight frames; and xii. Precast concrete/masonry wall panels. 6d. - Community and Economic Development Department recommends Page 99 of 221 23 The building official may approve additions to, or deletions from this list for specific projects. If there is no structural engineer in responsible charge on the project, the architect in responsible charge shall assume these responsibilities. 19.104.16.4 Responsibilities of contractor. It is the responsibility of the contractor to perform all the work in conformance with the City-approved construction documents. 20.104.16.5 Responsibilities of plans examiner. It is the responsibility of the plans examiner to verify that the description of the work in the construction documents is substantially complete, and to require corrections where, to the best of the plans examiner's knowledge, the construction documents do not conform to this code or other pertinent laws and ordinances. 21.104.16.6 Responsibilities of field inspector. It is the responsibility of the field inspector to conduct inspections to verify that the work in progress conforms with the approved construction documents and to require corrections where, to the best of the field inspector's knowledge, the work either does not conform to the construction documents or where the work is in violation of this code or other pertinent laws and ordinances. E.SECTION 105 – PERMITS: 1.105.1 Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert 6d. - Community and Economic Development Department recommends Page 100 of 221 24 or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the construction codes and the Construction Administrative Code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit. a.105.1.1 Electrical permit required. In accordance with Chapter 19.28 RCW, an electrical permit is required for the following installations: i. The installation, alteration, repair, replacement, modification or maintenance of all electrical systems, wire and electrical equipment regardless of voltage. ii. The installation and/or alteration of low voltage systems defined as: (a) NEC, Class 1 power limited circuits at thirty (30) volts maximum. (b) NEC, Class 2 circuits powered by a Class 2 power supply as defined in NEC 725.41(A). (c) NEC, Class 3 circuits powered by a Class 3 power supply as defined in NEC 725.41(A). iii. Telecommunications Systems. (a) All installations of telecommunications systems on the customer side of the network demarcation point for projects greater than ten (10) telecommunications outlets. 6d. - Community and Economic Development Department recommends Page 101 of 221 25 (b) All backbone installations regardless of size and all telecommunications cable or equipment installations involving penetrations of fire barriers or passing through hazardous locations require permits and inspections. (c) The installation of greater than ten (10) outlets and the associated cables along any horizontal pathway from a telecommunications closet to work areas during any continuous ninety (90) - day period requires a permit and inspection. (d) In Residential Groups R-1 and R-2 occupancies as defined in the International Building Code, permits and inspections are required for all backbone installations, all penetrations of fire-resistive walls, ceilings and floors; and installations of greater than ten (10) outlets in common areas. (e) Definitions of telecommunications technical terms will come from Chapter 19.28 RCW, the currently adopted WAC rules, EIA/TIA standards, and the NEC. b. 105.1.2 Grading permit required. No person shall do any grading without first obtaining a grading permit from the building official. 2.105.2 Work exempt from permit. Exemptions from permit requirements related to the construction codes shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of the construction codes or any other laws or ordinances of this jurisdiction. Permit 6d. - Community and Economic Development Department recommends Page 102 of 221 26 exemptions shall not apply to Areas of Flood Hazard and City Land Use Critical Areas. Permits shall not be required for the following: a. Public service agencies or Work in the Public Way. i. A permit shall not be required for the installation, alteration or repair of generation, transmission, distribution or metering or other related equipment that is under the ownership and control of public service agencies established by right. ii. A permit shall not be required for work located primarily in a public way, public utility towers and poles (but not exempting wireless communications facilities not located in a public way) and hydraulic flood control structures. b. Grading. i. An excavation below existing finished grade for basements and footings of an existing building, retaining wall or other structure authorized by a valid building permit. This shall not exempt any excavation having an unsupported height greater than five feet (5’). ii. An excavation of less than fifty (50) cubic yards of materials which: (a) is less than two (2) feet in depth and/or (b) which does not create a cut slope of a ratio steeper than two (2) horizontal to one (1) vertical. (c) A fill of less than fifty (50) cubic yards of material which is less than one foot (1’) in depth and placed on natural terrain with a slope flatter than five (5) horizontal to one (1) vertical. 6d. - Community and Economic Development Department recommends Page 103 of 221 27 c. Building. i. One (1) story detached accessory structures constructed under the provisions of the IRC used as tool and storage sheds, tree supported play structures, playhouses and similar uses, provided the floor area does not exceed two hundred (200) square feet (18.58 m2). ii. Fences not over six feet (6’) (1,829 mm) high. iii. Oil derricks. iv. Retaining walls and rockeries which are not over four feet (4’) (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids. v. Water tanks supported directly on grade if the capacity does not exceed five thousand (5,000) gallons (18,925 L) and the ratio of height to diameter or width does not exceed two (2) to one (1). vi. Sidewalks, decks and driveways not more than thirty inches (30”) (762 mm) above grade and not over any basement or story below and which are not part of an accessible route. vii. In-kind re-roofing of one (1) - and two (2) - family dwellings provided the roof sheathing is not removed or replaced. viii. Painting, non-structural wood and vinyl siding, papering, tiling, carpeting, cabinets, counter tops and similar finish work, provided that existing, required accessible features are not altered. 6d. - Community and Economic Development Department recommends Page 104 of 221 28 ix. Temporary motion picture, television and theater stage sets and scenery. x. Prefabricated swimming pools accessory to one (1) - and two (2) - family dwellings or Group R-3 occupancy which are less than twenty-four inches (24”) (610 mm) deep, do not exceed five thousand (5,000) gallons (18,925 L) and are installed entirely above ground. xi. Shade cloth structures constructed for garden nursery or agricultural purposes and not including service systems. xii. Swings, slides and other similar playground equipment. xiii. Window awnings supported by an exterior wall which do not project more than fifty-four inches (54”) (1,372 mm) from the exterior wall and do not require additional support of a one (1) - and two (2) - family dwelling or a Group R-3 or U occupancy. xiv. Movable cases, counters and partitions not over five feet nine inches (5’9”) (1,753 mm) in height. xv. Satellite earth station antennas six and one half feet (6-1/2’) (2 m) or less in diameter in zones other than residential zones. xvi. Satellite earth station antennas three and one quarter (3-1/4’) (1 m) or less in diameter in residential zones. xvii. Video programming service antennas three and one quarter feet (3-1/4’) (1 m) or less in diameter or diagonal dimension, regardless of zone. 6d. - Community and Economic Development Department recommends Page 105 of 221 29 xviii. Replacement of nonstructural siding on IRC structures except for veneer, stucco or exterior finish and insulation systems (EFIS). xix. In-kind window replacement for IRC structures where no alteration of structural members is required and when the window U-values meet the prescriptive requirements within the Washington State Energy Code. xx. Job shacks that are placed at a permitted job site during construction may be allowed on a temporary basis and shall be removed upon final approval of construction. A job shack is a portable structure for which the primary purpose is to house equipment and supplies, and which may serve as a temporary office during construction for the purposes of the construction activity. d. Electrical. i. Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by the National Electrical Code. ii. Repair or replacement of fixed motors, transformers or fixed approved appliances or devices rated fifty amps or less which are like-in-kind in the same location. iii. Temporary decorative lighting, when used for a period not to exceed ninety (90) days and removed at the conclusion of the ninety (90) - day period. 6d. - Community and Economic Development Department recommends Page 106 of 221 30 iv. Repair or replacement of current-carrying parts of any switch, conductor or control device which are like-in-kind in the same location. v. Repair or replacement of attachment plug(s) and associated receptacle(s) rated fifty (50) amperes or less which are like-in-kind in the same location. vi. Repair or replacement of any over-current device which is like-in- kind in the same location. vii. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems. viii. Removal of electrical wiring. ix. Telecommunications Systems as follows: (a) Telecommunications outlet installations within individual dwelling units. (b) The installation or replacement of cord and plug connected telecommunications equipment or for patch cord and jumper cross-connected equipment. x. Listed wireless security systems where power is supplied by a listed Class 2 plug in transformer installed within dwelling units. xi. A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of 6d. - Community and Economic Development Department recommends Page 107 of 221 31 signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility. xii. Portable generators serving only cord and plug connected loads supplied through receptacles on the generator rated at four thousand (4,000) watts or less. xiii. Travel trailers. xiv. Like-in-kind replacement of a: contactor, relay, timer, starter, circuit board, or similar control component; household appliance; circuit breaker; fuse; residential luminaire; lamp; snap switch; dimmer; receptacle outlet; thermostat; heating element; luminaire ballast with an exact same ballast; component(s) of electric signs, outline lighting, skeleton neon tubing when replaced on-site by an appropriate electrical contractor and when the sign, outline lighting or skeleton neon tubing electrical system is not modified; ten (10) horsepower or smaller motor; and induction detection loops described in WAC 296-46B-300(2) and used to control gate access devices. e. Mechanical. i. Portable heating, cooking, or clothes drying appliances. ii. Portable ventilation equipment. iii. Portable cooling unit. iv. Steam, hot or chilled water piping within any heating or cooling equipment regulated by the construction codes. 6d. - Community and Economic Development Department recommends Page 108 of 221 32 v. Replacement of any part which does not alter its approval or make it unsafe. vi. Portable evaporative cooler. vii. Self-contained refrigeration system containing ten (10) pounds (4.54 kg) or less of refrigerant and actuated by motors of one (1) horsepower (746 W) or less. viii. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected. f. Plumbing. i. The stopping and/or repairing of leaks in drains, water, soil, waste or vent pipe provided, however, that should any concealed trap, drain pipe, water, soil, waste or vent pipe become defective and it becomes necessary to remove and replace the same with new material, the same shall be considered as new work and a permit shall be obtained and inspection made as provided in the construction codes. ii. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require replacement or rearrangement of valves, pipes or fixtures. iii. Reinstallation or replacement of prefabricated fixtures that do not involve or require the replacement or rearrangement of valves or pipes. 6d. - Community and Economic Development Department recommends Page 109 of 221 33 3.105.2.1 Emergency repairs. Where equipment replacements and equipment repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official. 4.105.2.2 Repairs. Application or notice to the building official is not required for ordinary repairs to structures. Such repairs shall not include the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include an addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety. 5.105.3 Application for permit. To obtain a permit, the applicant shall first file a complete application in writing on a form furnished by the building department for that purpose. Such application shall: a. Identify and describe the work to be covered by the permit for which application is made. b. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 6d. - Community and Economic Development Department recommends Page 110 of 221 34 c. Indicate the use and occupancy for which the proposed work is intended. d. Be accompanied by construction documents and other information as required in RMC 4-5-060.G, Section 107 – Submittal Documents. e. State the valuation of the proposed work. f. Be signed by the applicant or the applicant’s authorized agent. g. Give such other data and information as required by the building official. 6.105.3.1 Action on application. 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 writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of the construction codes and the Construction Administrative Code and laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable. 7.105.3.2 Time limitation of application. a. Applications for which no permit is issued within twelve (12) months following the date of application shall expire by limitation and plans and other data submitted for review may thereafter be returned to the applicant or destroyed in accordance with state law. 6d. - Community and Economic Development Department recommends Page 111 of 221 35 b. The building official may extend the life of an application if any of the following conditions exist: i. Compliance with the State Environmental Policy Act is in progress; or ii. Any other City review is in progress; provided the applicant has submitted a complete response to City requests or the building official determines that unique or unusual circumstances exist that warrant additional time for such response, and the building official determines that the review is proceeding in a timely manner toward final City decision; or iii. Litigation against the City or applicant is in progress, the outcome of which may affect the validity or the provisions of any permit issued pursuant to such application. 8.105.3.3 Verification of contractor registration. Prior to issuance of a permit for work which is to be done by a contractor required to be registered pursuant to RCW 18.27, the applicant shall provide the City with the contractor’s registration number and Renton business license number and any other information determined necessary by the City to allow verification that such contractor is currently registered as required by law. 9.105.4 Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of the construction codes and the Construction Administrative Code or of any other ordinance of the jurisdiction. Permits presuming to give authority 6d. - Community and Economic Development Department recommends Page 112 of 221 36 to violate or cancel the provisions of the construction codes and the Construction Administrative Code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is also authorized to prevent occupancy or use of a structure where in violation of the construction codes and the Construction Administrative Code or of any other ordinances of this jurisdiction. 10. 105.5 Expiration. a. Every permit issued shall expire two (2) years from the date of issuance. The building official may approve a request for an extended expiration date where a construction schedule is provided by the applicant and approved prior to permit issuance. b. An existing building permit may be renewed one (1) time for a fee of one-half (1/2) the original permit fee, provided the permit has not expired. Permit renewals shall expire in one (1) year. For permits that have been expired, a new permit must be obtained and new fees paid. No permit shall be renewed more than once. c. Electrical, mechanical, plumbing, fire, signs and demolition permits shall expire at the same time as the associated building permit. If no associated building permit is issued, the electrical, mechanical, plumbing, fire, sign or demolition permit shall expire one (1) year from issuance. 6d. - Community and Economic Development Department recommends Page 113 of 221 37 d. The building official may authorize a thirty (30) - day extension to an expired permit for the purpose of performing a final inspection and closing out the permit as long as not more than one hundred eighty (180) days has passed since the permit expired. The thirty (30) - day extension would commence on the date of written approval. If work required under a final inspection is not completed within the thirty (30) - day extension period, the permit shall expire. However, the building official may authorize an additional thirty (30) - day extension if conditions outside of the applicant’s control exist and the applicant is making a good faith effort to complete the permitted work. 11. 105.6 Suspension or revocation. The building official is authorized to suspend or revoke a permit issued under the provisions of the construction codes and the Construction Administrative Code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of any ordinance or regulation or any of the provisions of the construction codes and the Construction Administrative Code. 12. 105.7 Placement of permit. The building permit or copy shall be kept on the site of the work until the completion of the project. For access to permit for inspections, see RMC 4-5-060.J.6, 110.6 Inspection record. 13. 105.8 Flammable and combustible liquids. An operational permit is required: a. To use or operate a pipeline for the transportation within facilities of flammable or combustible liquids. This requirement shall not apply to the off-site 6d. - Community and Economic Development Department recommends Page 114 of 221 38 transportation in pipelines regulated by the Department of Transportation (DOT) nor does it apply to piping systems. b. To store, handle or use Class I liquids in excess of five (5) gallons (19L) in a building or in excess of ten (10) gallons (37.9L) outside of a building, except that a permit is not required for the following: i. The storage or use of Class I liquids in the fuel tank of a motor vehicle, aircraft, motorboat, mobile power plant or mobile heating plant unless such storage, in the opinion of the Fire Code Official, would cause an unsafe condition. ii The storage or use of paints, oils, varnishes or similar flammable mixtures when such liquids are stored for maintenance, painting or similar purposes for a period of not more than thirty (30) days. c. To store, handle or use Class II or Class IIIA liquids in excess of twenty- five (25) gallons (95 L) in a building or in excess of sixty (60) gallons (227L) outside a building, except for fuel oil used in connection with oil-burning equipment in single-family and duplex dwellings. d. To store, handle or use Class IIIB liquids in tanks or portable tanks for fueling motor vehicles at motor fuel-dispensing facilities or where connected to fuel-burning equipment. Exception: Fuel oil and used motor oil used for space heating or water heating in single-family or duplex dwellings. 6d. - Community and Economic Development Department recommends Page 115 of 221 39 e. To remove Class I or II liquids from an underground storage tank used for fueling motor vehicles by any means other than the approved, stationary on- site pumps normally used for dispensing purposes. f. To operate tank vehicles, equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries, distilleries and similar facilities where flammable and Class II, IIIA or IIIB combustible liquids are produced, processed transported, stored, dispensed or used. g. To place temporarily out of service (for more than ninety (90) days) an underground, protected above-ground or above-ground flammable or combustible liquid tank. h. To change the type of contents stored in a flammable or combustible liquid tank to a material that poses a greater hazard than that for which the tank was designed and constructed. i. To manufacture, process, blend or refine flammable or combustible liquids. j. To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial, industrial, governmental or manufacturing establishments. k. To utilize a site for the dispensing of liquid fuels from tank vehicles into the fuel tanks of motor vehicles, marine craft and other special equipment at commercial, industrial, governmental or manufacturing establishments. 6d. - Community and Economic Development Department recommends Page 116 of 221 40 14. 105.9 Hot works operations. An operational permit is required for hot work including, but not limited to: a. Public exhibitions and demonstrations where hot work is conducted. b. Use of portable hot work equipment inside a structure. c. Fixed-site hot work equipment such as welding booths. d. Hot work conducted within a wildfire risk area. e. Application of roof coverings with the use of an open-flame device. f. When approved, the Fire Code Official shall issue a permit to carry out a hot work program. This program allows approved personnel to regulate their facility’s hot work operations. The approved personnel shall be trained in the fire safety aspects denoted in this section and shall be responsible for issuing permits requiring compliance with the requirements found in Chapter 35 of the International Fire Code (IFC). These permits shall be issued only to their employees or hot work operations under their supervision. 15. 105.10 Temporary place of assembly/special event permit. An operational permit is required for any special event where three hundred (300) or more people will congregate, either outdoors or indoors, in other than a Group A Occupancy. 16. 105.11 Hazardous materials. A construction permit is required to install, repair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a storage facility, tank, or other area regulated by 6d. - Community and Economic Development Department recommends Page 117 of 221 41 Chapter 50 of the IFC when the hazardous materials in use or storage exceed the amounts listed in Table 105.6.20 of the IFC. Exceptions: a. Routine maintenance. b. For emergency repair work performed on an emergency basis, application for permit shall be made within two (2) working days of commencement of work. 17. 105.12 Underground tanks operational permit fees. The fee for permits issued in accordance with section 105.6 of the International Fire Code and permits issued for underground tank removal shall be as stipulated in the City of Renton Fee Schedule Brochure. Fees for tank storage shall be assessed for each individual tank. Exception: Permit fees for Class IIIB liquid storage shall be assessed for each tank up to a total of five (5) tanks, and no additional fee shall be charged for the sixth (6th) through the tenth (10th) tank. The eleventh (11th) tank and each subsequent tank of Class IIIB liquids shall be assessed per tank. The permits shall expire one (1) year after date of issuance or as otherwise noted on the permit. The permit fee shall be payable at or before the time of issuance or renewal of the permit. In the event of failure to remit payment for an operational permit within thirty (30) days after receipt of application or renewal notice, the fee for the permit shall be double the amount of the above-stated fee. 6d. - Community and Economic Development Department recommends Page 118 of 221 42 F.SECTION 106 – FLOOR AND ROOF DESIGN LOADS: 1.106.1 Live Loads Posted. Where the live load for which each floor or portion thereof of a commercial or industrial building is or has been designed to exceed fifty (50) psf (2.40kN/m²), such design live load shall be conspicuously posted by the owner in that part of each story in which they apply, using durable signs. It shall be unlawful to remove or deface such notices. 2.106.2 Issuance of certificate of occupancy. A certificate of occupancy required by RMC 4-5-060.K, Section 111 – Certificate Of Occupancy, shall not be issued until the floor load signs required by RMC 4-5-060.F.1, 106.1 Live Loads Posted, have been installed. 3.106.3 Restrictions on loading. It shall be unlawful to place, cause or permit to be placed, on any floor or room of a building, structure or portion thereof, a load greater than is permitted by this code. G.SECTION 107 – SUBMITTAL DOCUMENTS: 1.107.1 Submittal documents. Submittal documents consisting of construction documents, statement of special inspection and structural observation programs, engineering reports and calculations, diagrams and other data shall be submitted with each permit application for a permit. The construction documents shall be prepared by a registered design professional where required by the State of Washington. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. 6d. - Community and Economic Development Department recommends Page 119 of 221 43 Exception: The building official is authorized to waive the requirement for submission of construction documents and other data if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with the construction codes. 2.107.2 Construction documents. Construction documents shall be in accordance with RMC 4-5-060.G.2, 107.2.1 Construction documents, through RMC 4-5-060.G.2.f, 107.2.5 Site plan. a. 107.2.1 Information on construction documents. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature and extent of the work proposed in the proper orientation and layout as it is to be constructed and show in detail that it will conform to the provisions of the construction codes and the Construction Administrative Code and relevant laws, ordinances, rules and regulations, as determined by the building official. The plans must include the relevant items listed in this section and any other information or documents as deemed necessary by the building official. b. 107.2.2 Fire protection system shop drawings. Shop drawings for the fire protection system(s) shall be submitted to indicate conformance with the construction codes, the Construction Administrative Code, and the construction documents and shall be approved prior to the start of system installation. Shop 6d. - Community and Economic Development Department recommends Page 120 of 221 44 drawings shall contain all information as required by the referenced installation standards in Chapter 9 of the IBC. Shop drawings shall be prepared by a certified individual as required by the State of Washington. c. 107.2.3 Means of egress. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of the construction codes. In other than one (1) - and two (2) - family dwellings and in Groups R-2, R-3, and I-1 occupancies, the construction documents shall designate the number of occupants to be accommodated on every floor and in all rooms and spaces. d. 107.2.4 Exterior wall envelope. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with the construction codes. The construction documents shall provide details of the exterior wall envelope as required, including flashing; intersections with dissimilar materials; corners; end details; control joints; intersections at roof eaves or parapets; means of drainage; water-resistive membranes; and details around openings. The construction documents shall include manufacturer’s installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used. 6d. - Community and Economic Development Department recommends Page 121 of 221 45 Exception: Subject to the approval of the building official, one (1) - and two (2) - family dwellings and Group R-3 and U occupancies may be exempt from the detailing requirements of this section. e. 107.2.4.1 Building enclosure design requirements of Revised Code of Washington (RCW) 64.55 (otherwise known as Engrossed House Bill (EHB) 1848). Building enclosure design documents of new or rehabilitated multifamily buildings that are subject to regulations of Engrossed House Bill 1848 must be submitted at the time of permit application. All applications for building construction or rehabilitation shall include design documents prepared and stamped by an architect or engineer that identify the building enclosure (building enclosure documents), including but not limited to waterproofing, weather proofing and/or otherwise protected from water or moisture intrusion, unless a recorded irrevocable sale prohibition covenant is submitted to the City. The City is prohibited from issuing a permit for construction or rehabilitative construction unless the building enclosure documents contain a stamped statement by the person stamping the building enclosure design documents in substantially the following form, “The undersigned has provided building enclosure documents that in my professional judgment are appropriate to satisfy the requirements of sections 1 through 10 of EHB 1848”. The City is not responsible for determining whether the building enclosure design documents or the inspections performed are adequate or appropriate to satisfy the requirements of the act. 6d. - Community and Economic Development Department recommends Page 122 of 221 46 See RMC 4-9-040, Condominium Conversions, for additional requirements. f. 107.2.5 Site plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that is to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for an alteration or repair or when otherwise warranted. g. 107.2.5.1 Design flood elevations. Where design flood elevations are not specified, they shall be established in accordance with Section 1612.3.1 of the IBC. h. 107.2.6 Electrical. i. Electrical Engineer. Electrical plans for the following installations shall be prepared by or under the direction of an electrical engineer registered under Chapter 18.43 RCW, and Chapters 180-29, 246B-320, and 388-97 WAC. All electrical plans must bear the engineer’s stamp and signature. (a) All educational facilities, hospitals and nursing homes; 6d. - Community and Economic Development Department recommends Page 123 of 221 47 (b) All services or feeders rated 1,600 amperes or larger; (c) All installations identified in the National Electrical Code requiring engineering supervision; (d) As required by the building official for installations which by their nature are complex, hazardous or pose unique design problems. ii. Information on construction documents. Construction documents shall identify the name and classification of the facility and clearly show the electrical installation or alteration in floor plan view, include all switchboard and panelboard schedules and when a service or feeder is to be installed or altered, must include a riser diagram, load calculation, fault current calculation, and interrupting rating of equipment. iii. Penetrations. Construction documents shall indicate where penetrations will be made for electrical systems and shall indicate the materials and methods for maintaining required structural safety, fire-resistance rating and fire-blocking. iv. Load calculations. Where an addition or alteration is made to an existing electrical system, an electrical load calculation shall be prepared to determine if the existing electrical service has the capacity to serve the added load. v. Plan review required. Electrical plan review is required for all new or altered electrical projects in the following occupancies and/or installations: 6d. - Community and Economic Development Department recommends Page 124 of 221 48 Educational, institutional, or health care facilities/buildings as follows: Hospital Nursing home unit or long-term care unit Boarding home Assisted living facility Private alcoholism hospital Alcoholism treatment facility Private psychiatric hospital Maternity home Ambulatory surgery facility Renal hemodialysis clinic Residential treatment facility for psychiatrically impaired children and youth Adult residential rehabilitation center Educational facilities Institutional facilities Exceptions: (a) Electrical Plan review is not required for the above educational, institutional, or health care facilities buildings where: (1) Lighting specific projects that result in an electrical load reduction on each feeder involved in the project; 6d. - Community and Economic Development Department recommends Page 125 of 221 49 (2) Low voltage systems; (3) Modification to existing electrical installations where all of the following conditions are met: (A) Service or distribution equipment involved is rated 100 amperes or greater and does not exceed 250 volts; (B) Does not involve emergency systems other than listed unit equipment per NEC 700.12(F); (C) Does not involve branch circuits or feeders of an essential electrical system as defined in NEC 517.2; and (D) Service and feeder load calculations are increased by 5% or less. (4) Stand-alone utility fed services that do not exceed 250 volts, 100 amperes where the project’s distribution system does not include: (A) Emergency systems other than listed unit equipment per NEC 700.12(F); (B) Critical branch circuits or feeders as defined in NEC 517.2; or (C) A required fire pump system. (b) Alterations in non-residential occupancies 2,500 square feet and greater. 6d. - Community and Economic Development Department recommends Page 126 of 221 50 (c) Installations in occupancies, except one and two family dwellings, where a service or feeder rated 100 amperes or greater is installed or altered or if more than 100 amperes is added to the service or feeder. (d) All work on electrical systems operating at/over 600 Volts. (e) All commercial generator installations or alterations. (f) All work in areas determined to be hazardous (classified) location by the NEC. (g) If 60% or more of luminaires change. (h) Installations of switches or circuit breakers rated four hundred amperes or over except for one and two family dwellings. (i) Wind driven generators. (j) Solar photovoltaic systems. (k) Any proposed installation which cannot be adequately described in the application form. i. 107.2.7 Plumbing. Plans must be submitted for review and approval whenever the scope of the work is too complex for inspection alone as determined by the building official. j. 107.2.8 Mechanical. Plans must be submitted for review and approval whenever the scope of the work is too complex for inspection alone as determined by the building official. 3.107.3 Examination of documents. The building official shall examine or cause to be examined the accompanying submittal documents and shall 6d. - Community and Economic Development Department recommends Page 127 of 221 51 ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of the construction codes, the Construction Administrative Code, and other pertinent laws or ordinances. a.107.3.1 Use of consultants. Whenever review of a building permit application requires retention by the jurisdiction for professional consulting services, the applicant shall reimburse to the jurisdiction the cost of such professional consulting services. This fee shall be in addition to the normal plan review and building permit fees. The jurisdiction may require the applicant to deposit an amount with the jurisdiction estimated in the discretion of the building official to be sufficient to cover anticipated costs to retaining professional consultant services and to ensure reimbursement for such costs. b.107.3.2 Approval of construction documents. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as “Reviewed for Code Compliance.” One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative. c.107.3.3 Phased approval. The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted, provided that adequate information and detailed statements have been filed complying with pertinent requirements of the 6d. - Community and Economic Development Department recommends Page 128 of 221 52 construction codes and the Construction Administrative Code. The holder of such permit for the foundation or other parts of a building or structure shall proceed at the holder’s own risk with the building operation and without assurance that a permit for the entire structure will be granted. 4.107.4.1 Design professional in responsible charge - General. When it is required that documents be prepared by a qualified registered design professional, the building official shall be authorized to require the owner to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. Where structural observation is required by Section 1710 of the IBC, the inspection program shall name the individual or firms who are to perform structural observations and describe the stages of construction at which structural observation is to occur (see also other duties specified in Chapter 17 of the IBC). 6d. - Community and Economic Development Department recommends Page 129 of 221 53 5.107.4.2 Design professional in responsible charge - Deferred submittals. For the purposes of this section, deferred submittals are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period. Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall indicate the list of deferred submittals on the construction documents for review by the building official. Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and have been found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the building official. The building official is authorized to charge an additional plan review fee to evaluate deferred submittals under the provisions of this section. 6.107.5 Amended construction documents. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. The building official is authorized to charge an additional plan review fee to evaluate revisions to the approved construction documents. 6d. - Community and Economic Development Department recommends Page 130 of 221 54 7.107.6 Retention of construction documents. One set of approved construction documents shall be retained by the building official for a period of not less than 180 days from date of completion of the permitted work or as required by state or local laws. H.SECTION 108 – TEMPORARY STRUCTURES AND USES: 1.108.1 General. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause. 2.108.2 Electrical. If the building official finds that the safety of life and property will not be jeopardized, permits may be issued for temporary electrical installations for use during the construction of buildings or for carnivals, conventions, festivals, fairs, the holding of religious services, temporary lighting of streets, or other approved uses. Permission to use such temporary installation shall not be granted for a greater length of time than thirty days, except that a permit for a temporary installation to be used for constructing of a building may be issued for the period of construction. Should such temporary lighting be over the street area, the proper authorization for such use of the street must first be obtained. All such temporary installations shall be made in accordance with the requirements of this NEC; provided, that the building official may permit deviations which will not permit hazards to life or property; and further 6d. - Community and Economic Development Department recommends Page 131 of 221 55 provided, that whenever such hazards are deemed by the building official to exist, the building official may at once rescind or cancel the permit covering such installation and disconnect or order the disconnection of all energy to such equipment. 3.108.3 Conformance. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation and sanitary requirements of the construction codes as necessary to ensure the public health, safety and general welfare. 4.108.4 Termination of approval. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued. 5.108.5 Bonds and set-aside accounts. The building official may require a performance bond or set-aside account to be in place prior to issuance of a permit for temporary structures and temporary uses. I.SECTION 109 – FEES: 1.109.1 Payment of fees. A permit shall not be valid until applicable development and construction permit fees established by City Council by resolution have been paid, nor shall an amendment to a permit be released until any additional fee required, if any, has been paid. 2.109.2 Schedule of permit fees. On buildings, structures, gas, mechanical, electrical and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with a schedule of fees to be 6d. - Community and Economic Development Department recommends Page 132 of 221 56 recommended by the building and/or code official and approved by City Council by resolution. 3.109.3 Plan Review Fees. When submittal documents are required by Section 107, a plan review fee shall be paid at the time of submitting the construction documents for plan review. The building official may have the option to charge a deposit in lieu of the full plan review fee if the full amount is not known at the time. Any plan review deposit shall be applied toward the total plan review fee owed. The actual permit fees and related plan review fee shall be determined upon completion of the plan review and the balance owing shall be paid at the time of permit issuance. The plan review fee shall be a separate fee from the permit fees specified in this section and is in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in Section 107.4.2, an additional plan review fee shall be charged at the rate set forth by resolution. 4.109.4 Building permit valuation. The applicant for a permit shall provide an estimated permit valuation at time of application. The determination of valuation shall be made by the building official if not clearly established by resolution. 5.109.5 Malfunctioning alarm fee. Whenever an alarm system is activated due to a malfunction and the Fire and Emergency Services Department is dispatched, a report of the false alarm will be recorded for the building or area 6d. - Community and Economic Development Department recommends Page 133 of 221 57 affected. For the first, second and third false alarm within a calendar year, no fee will be assessed. For every false alarm caused by a malfunction of the alarm beyond the third false alarm a fee will be assessed as per the City of Renton Fee Schedule Brochure. 6.109.6 Reinspection and reinspection fee. Whenever the Fire and Emergency Services Department has given notification of a violation that required a reinspection and thirty (30) days have expired with such condition or violation still in existence, a “Subsequent Reinspection” will be required. Any Subsequent Reinspection, after the original thirty (30) days period of time, shall require the payment of a reinspection fee as specified in the City of Renton Fee Schedule Brochure, to be assessed against the person owning, operating or occupying the building or premises wherein the violation exists. This reinspection fee must be paid within ten (10) days of the notice for the reinspection. However, any building owner, operator or occupant, upon a reasonable request to the Fire Code Official, may obtain an extension of said thirty (30) day period for a reasonable period to be established by the Fire Code Official to allow such time for compliance. The request for an extension must be received by the Fire and Emergency Services Department prior to the expiration of the original reinspection date. 7.109.7 Work commencing before permit issuance. Any person who commences any work on a building, structure, gas, mechanical, electrical or plumbing system before obtaining the necessary permits shall be subject to a 6d. - Community and Economic Development Department recommends Page 134 of 221 58 stop work order and a special investigation fee in an amount equal to twice the permit fee, or otherwise established by the building official. The special investigation fee shall be paid in addition to the required permit fees. 8.109.8 Related fees. The payment of fees for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. 9.109.9 Refunds. The building official may authorize refunding of not more than eighty percent (80%) of the permit fee paid when no work has been done under a permit issued in accordance with this section. The building official may authorize refunding of not more than eighty percent (80%) of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan review is done. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than one hundred eighty (180) days after the date of application. 10. 109.10 Disaster area - waiver of repair fees. When an area of the City has been deemed a disaster area by either the local, state or federal authorities, any structures damaged by storms, floods, landslides, earthquakes, fires or other natural disasters shall have all permit and plan review fees waived for the purposes of repairing or rebuilding the damaged structures (with the exception of state surcharge fees). 6d. - Community and Economic Development Department recommends Page 135 of 221 59 J.SECTION 110 – INSPECTIONS: 1.110.1 General. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of the construction codes, the Construction Administrative Code, or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of the construction codes, the Construction Administrative Code, or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expenses entailed in the removal or replacement of any material required to allow inspection. 2.110.2 Surveys. A survey of the lot may be required by the building official to verify compliance of the structure with approved construction documents. 3.110.3 Preconstruction conferences. When required by the building official, the owner or the owner’s agent shall arrange a conference with the project contractor, the design team, the special inspection agency if special inspection is required, and the building official prior to commencing work on any 6d. - Community and Economic Development Department recommends Page 136 of 221 60 portion of construction. The intent of the conference is to identify and clarify unusual inspection requirements of the project. 4.110.4 Inspection requests. The owner of the property or the owner’s authorized agent, or the person designated by the owner/agent to do the work authorized by a permit shall notify the building official that work requiring inspection as specified in this section and Chapter 17 of the IBC is ready for inspection. 5.110.5 Access for inspection. The permit holder and the person requesting any inspections required by this code shall provide access to and means for proper inspection of such work, including safety equipment required by Washington Industrial Safety and Health Agency. The work shall remain accessible and exposed for inspection purposes until approved by the building official. Neither the building official nor the City shall be liable for expense entailed in the required removal or replacement of any material to allow inspection. 6.110.6 Inspection record. Work requiring a permit shall not be commenced until the permit holder or the permit holder’s agent has posted an inspection record in a conspicuous place on the premises and in a position that allows the building official to conveniently make the required entries regarding inspection of the work. This record shall be maintained in such a position by the permit holder or the permit holder’s agent until final approval has been granted by the building official. 6d. - Community and Economic Development Department recommends Page 137 of 221 61 7.110.7 Approvals required. No work shall be done on any part of the building or structure beyond the point indicated in each successive inspection without first obtaining the written approval of the building official. Written approval shall be given only after an inspection has been made of each successive step in the construction as indicated by each of the inspections required in this section. There shall be a final inspection and approval of all buildings when completed and ready for occupancy. a. 110.7.1 Effect of approval. Approval as a result of an inspection is not an approval of any violation of the provisions of this code or of other pertinent laws and ordinances of the City. Inspections presuming to give authority to violate or cancel the provisions of this code or of other pertinent laws and ordinances of the City are not valid. 8.110.8 Concealment of work. No required reinforcing steel or structural framework of any part of any building or structure shall be covered or concealed in any manner whatsoever without first obtaining the approval of the building official. Protection of joints and penetrations in fire-resistance-rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved. Exception: Modular homes and commercial coaches identified by State of Washington stickers as specified in Section 106.13.3 and placed upon a permanent foundation approved and inspected by the building official. 6d. - Community and Economic Development Department recommends Page 138 of 221 62 9.110.9 Preliminary inspections. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures, installations, and sites for which an application has been filed. 10. 110.10 Manufacturer’s installation instructions. Manufacturer’s installation instructions, as required by the construction codes, shall be available on site at the time of inspection. 11. 110.11 Required inspections. The building official, upon notification, shall make the inspections set forth in this section. a.110.11.1 First ground disturbance inspection. To be made prior to beginning land-disturbing activity, and following installation of erosion control measures and any required fencing that may restrict land disturbance in steep slope or other buffers b.110.11.2 Footing and foundation inspection. Footing and foundation inspections shall be made after poles or piers are set or trenches or basement areas are excavated and all required hold-down anchor bolts, hold-down straps, any forms erected, and any required reinforcing steel is in place and supported. The foundation inspection shall include excavations for thickened slabs intended for the support of bearing walls, partitions, structural supports, or equipment and special requirements for wood foundations. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job. 6d. - Community and Economic Development Department recommends Page 139 of 221 63 c.110.11.3 Concrete slab and under-floor inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, slab insulation, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor. d.110.11.4 Lowest floor elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in IBC Section 1612 or IRC Section R322 shall be submitted to the building official. FEMA Flood elevation certificates shall contain an original stamp and signature of the Surveyor, licensed by the State of Washington, and shall document the elevation of the lowest floor, including basement, and other information required by the flood elevation certificate. e.110.11.5 Exterior wall sheathing inspection. Exterior wall sheathing shall be inspected after all wall framing is complete, strapping and nailing is properly installed but prior to being covered. f.110.11.6 Roof sheathing inspection. The roof sheathing shall be inspected after all roof framing is complete. No roof coverings shall be installed until inspections are made and approved. g.110.11.7 IMC/UPC/Gas/NEC rough-in inspection. Rough-in mechanical, gas piping, plumbing and electrical systems shall be inspected when the rough-in work is complete and, if required, under test. No connections to 6d. - Community and Economic Development Department recommends Page 140 of 221 64 primary utilities shall be made until the rough-in work is inspected and approved. h.110.11.8 Frame inspection. Framing inspections shall be made after the roof deck or sheathing, all framing, fire blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, fire-suppression piping, heating wires, pipes and ducts are approved and the building is substantially dry. i.110.11.9 Exterior Finish and Insulation Systems (EFIS), Lath and gypsum board inspection. EFIS, Lath and gypsum board inspections shall be made after backing, lathing or gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished. Exception: Interior gypsum board that is not part of a fire-resistance- rated assembly or a shear assembly does not require inspection. j.110.11.10 Fire- and smoke-resistant penetrations. Protection of joints and penetrations in fire-resistance-rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved. k.110.11.11.1 Energy efficiency inspections - Envelope. In addition to the inspections required in WAC 51-11, the following inspections are also required: 6d. - Community and Economic Development Department recommends Page 141 of 221 65 i. Wall insulation. The wall insulation inspection is to be made after exterior wall weather protection and all wall insulation and air vapor retarder sheets or film materials are in place, but before any wall covering is placed. ii. Glazing. The glazing inspection is to be made after glazing materials are installed in the building. iii. Exterior roofing insulation. The exterior roofing insulation inspection is to be made after the installation of the roofing and roof insulation, but before concealment. iv. Slab/floor insulation. The slab/floor insulation inspection is to be made after the installation of the slab/floor insulation, but before concealment. l.110.11.11.2 Energy efficiency inspections - Mechanical. i. Mechanical equipment efficiency and economizer. The mechanical equipment efficiency and economizer inspection is to be made after all equipment and controls required by the construction codes are installed and prior to the concealment of such equipment or controls. ii. Mechanical pipe and duct insulation. The mechanical pipe and duct insulation inspection is to be made after all pipe, fire-suppression piping and duct insulation is in place, but before concealment. m.110.11.11.3 Energy efficiency inspections - Lighting and motors. i. Lighting equipment and controls. The lighting equipment and controls inspection is to be made after the installation of all lighting equipment 6d. - Community and Economic Development Department recommends Page 142 of 221 66 and controls required by the construction codes, but before concealment of the lighting equipment. ii. Motors. Motor inspections are to be made after installation of all equipment covered by the construction codes, but before concealment. n.110.11.12 Electrical. i. The installation, alteration or extension of any electrical system, fixtures or components for which a permit is required by this code shall be subject to inspection by the building official and such electrical systems, fixtures and components shall remain accessible and exposed for inspection purposes until approved by the building official. It shall be the duty of the permit applicant to cause the electrical systems to remain accessible and exposed for inspection purposes. The City shall not be liable for expenses entailed in the removal or replacement of material required to permit inspection. When the installation of an electrical system is complete, an additional and final inspection shall be made. Electrical systems and equipment regulated by the National Electrical Code shall not be connected to the energy source until authorized by the building official. ii. The building official may require special inspection of equipment or wiring methods where the installation requires special training, equipment, expertise, or knowledge. Where such special inspection is required, it shall be performed by an independent third party acceptable to the building official. The special inspection person/agency shall be designated and approved prior to 6d. - Community and Economic Development Department recommends Page 143 of 221 67 beginning the installation of wiring or equipment. A written report from the designated special inspection agency indicating that the installation conforms to the appropriate codes and standards shall be received by the building official prior to that installation being approved. All costs for such testing and reporting shall be the responsibility of the permit holder. iii. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of the National Electrical Code or of other ordinances of the City. Inspections presuming to give authority to violate or cancel the provisions of the National Electrical Code or other ordinances of the City shall not be valid. iv. The building official, upon notification, shall make the inspections set forth in this section: (a) Underground. Underground inspection shall be made after trenches or ditches are excavated and bedded, piping and conductors are installed, and before backfill is put in place. Where excavated soil contains rocks, broken concrete, frozen chunks and other rubble that would damage or break the raceway, cable or conductors, or where corrosive action will occur, protection shall be provided in the form of granular or selected material, approved running boards, sleeves or other means. (b) Rough-in. Rough-in inspection shall be made after the roof, framing, fire-blocking and bracing are in place and all wiring and other components to be concealed are complete, and prior to the installation of wall 6d. - Community and Economic Development Department recommends Page 144 of 221 68 or ceiling membranes. All required equipment grounding conductors installed in concealed cable or flexible conduit systems must be completely installed and made up at the time of the rough-in cover inspection. (c) Other inspections. In addition to the inspections specified above, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws, which are enforced by the City. v. Final Inspection. The final inspection shall be made after all work required by the permit is completed. o. 11.11.13 Traffic management systems. i. The City will perform the electrical inspection and acceptance of traffic management systems within its jurisdiction. A traffic management system includes: (a) Traffic illumination systems; (b) Traffic signal systems; (c) Traffic monitoring systems; (d) The electrical service cabinet and all related components and equipment installed on the load side of the service cabinet supplying electrical power to the traffic management system; and (e) Signalization system(s) necessary for the operation of a light rail system. A traffic management system can provide signalization for controlling vehicular traffic, pedestrian traffic, or rolling stock. 6d. - Community and Economic Development Department recommends Page 145 of 221 69 ii. The City recognizes that traffic signal conductors, pole and bracket cables, signal displays, traffic signal controllers/cabinets, and associated components used in traffic management systems are acceptable for the purpose of meeting the requirements of Chapter 19.28 RCW provided they conform with the following standards or are listed on the Washington state department of transportation (WSDOT) qualified products list. WSDOT/APWA Standard Specifications and Plans; WSDOT Design Manual; International Municipal Signal Association (IMSA); National Electrical Manufacturers Association (NEMA); Federal Standards 170/Controller Cabinets; Manual for Uniform Road, Bridge, and Municipal Construction; Institute of Transportation Engineers (ITE); Manual of Uniform Traffic Control Devices (MUTCD). iii. Associated induction detection loop or similar circuits will be accepted by the department or City authorized to do electrical inspections without inspection. iv. For the licensing requirements of Chapter 19.28 RCW, jurisdictions will be considered owners of traffic management systems when doing electrical work for another jurisdiction(s) under a valid interlocal agreement, as permitted by Chapter 39.34 RCW. Interlocal agreements for traffic management systems 6d. - Community and Economic Development Department recommends Page 146 of 221 70 must be filed with the department or City authorized to do electrical inspections prior to work being performed for this provision to apply. v. Jurisdictions, with an established electrical inspection authority, and WSDOT may perform electrical inspection on their rights of way for each other by interlocal agreement. They may not perform electrical inspection on other rights of way except as allowed in Chapter 19.28 or 39.34 RCW. vi. Underground installations. (a) In other than open trenching, raceways will be considered “fished” according to the NEC and do not require visual inspection. (b) The department or City authorized to do electrical inspections will conduct inspections in open trenching within its jurisdiction upon request. vii. Identification of traffic management system components. Local government jurisdictions or WSDOT may act as the certifying authority for the safety evaluation of all components. (a) An electrical service cabinet must contain only listed components. The electrical service cabinet enclosure is not required to be listed but will conform to the standards in subsection (h) of this section. (b) The local government jurisdiction must identify, as acceptable, the controller cabinet or system component(s) with an identification plate. The identification plate must be located inside the cabinet and may be attached with adhesive. 6d. - Community and Economic Development Department recommends Page 147 of 221 71 viii. Conductors of different circuits in same cable, enclosure, or raceway. All traffic management system circuits will be permitted to occupy the same cable, enclosure, or raceway without regard to voltage characteristics, provided all conductors are insulated for the maximum voltage of any conductor in the cable, enclosure, or raceway. p.110.11.14 Reinspection for building permit. The building official may require a structure or portions of work to be reinspected. A reinspection fee may be assessed for each inspection or reinspection when such portion of work for which the inspection was requested is not complete; or when previous corrections called for are not made; or when the approved plans and permit are not on site in a conspicuous or pre-approved location; or when the building is not accessible. In instances where reinspection fees have been assessed, no additional inspection of the work shall be provided by the City until the required fees are paid. q.110.11.15 Other inspections. In addition to the inspections specified above, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of the construction codes, the Construction Administrative Code, and other laws or ordinances of the City. r.110.11.16 Special inspections. In addition to the inspections specified above, the building official is authorized to make or require special 6d. - Community and Economic Development Department recommends Page 148 of 221 72 inspections for any type of work related to the construction codes by an approved agency at no cost to the jurisdiction. s.110.11.17 Building enclosure special inspection requirements of RCW 64.55 (otherwise known as Engrossed House Bill (EHB) 1848). EHB 1848 requires affected multiunit residential buildings to provide a building enclosure inspection performed by a third party, independent, and qualified inspector during the course of initial construction and during rehabilitative construction. The City does not verify the qualifications of the inspector or determine whether the building enclosure inspection is adequate or appropriate. However, the City is prohibited from issuing a certificate of occupancy for the building until the inspector prepares a report and submits to the building department a signed letter certifying that the building enclosure has been inspected during the course of construction or rehabilitative construction and that the construction is in substantial compliance with the building enclosure design documents. t.110.11.18 Final inspection. The final inspection shall be made after all work required by the building permit is completed. 13. 110.12 Flood hazard documentation. If located in a flood hazard area, documentation of the elevation of the lowest floor as required in Section 1612.5 shall be submitted to the building official prior to the final inspection. 14. 110.13 Inspection agencies. The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability. 6d. - Community and Economic Development Department recommends Page 149 of 221 73 15. 110.14 Inspection requests. It shall be the duty of the permit holder or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by the construction codes and the Construction Administrative Code. 16. 110.15 Approval required. Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or his or her agent wherein the same fails to comply with the construction codes or the Construction Administrative Code. Any portions that do not comply shall be corrected and such portion shall not be covered or concealed until authorized or approved by the building official. K.SECTION 111 – CERTIFICATE OF OCCUPANCY: 1.111.1 Use and occupancy. 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 as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of the construction codes, the Construction Administrative Code, or of other ordinances of the jurisdiction. 6d. - Community and Economic Development Department recommends Page 150 of 221 74 Exceptions: a. Work exempt from permits per section 105.2. b. For single family dwellings and their accessory structures, the City issued building permit inspection record may serve as the certificate of occupancy when the final inspection has been approved by the building official or the building official’s designee. 2.111.2 Certificate issued. After the building official inspects the building or structure and finds no violations of the provisions of the construction codes, the Construction Administrative Code, or other laws or ordinances that are enforced by this jurisdiction, the building official shall issue a certificate of occupancy that contains the following: a. The building permit number. b. The address of the structure. c. The name and address of the owner. d. A description of that portion of the structure for which the certificate is issued. e. A statement that the described portion of the structure has been inspected for compliance with the requirements of the construction codes and the Construction Administrative Code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified. f. The name of the building official. g. The edition of the code under which the permit was issued. 6d. - Community and Economic Development Department recommends Page 151 of 221 75 h. The use and occupancy. i. The type of construction. j. The design occupant load. k. If an automatic sprinkler system is provided, whether the sprinkler system is required. l. Any special stipulations and conditions of the building permit. 3.111.3 Temporary or phased occupancy. The building official is authorized to issue a temporary or phased certificate of occupancy before the completion of the entire work covered by the permit, provided that such portion or portions shall be occupied safely. The building official is authorized to require in addition to the completion of life safety building components any or all accessibility components. The building official shall set a time period during which the temporary or phased certificate of occupancy is valid. The building official is authorized to require that a performance bond be posted with the City in an amount equal to 150 percent of the incomplete work as determined by the design professional. The bond shall be refundable upon inspection, final approval and a request in writing for the refund. It shall be the duty of the applicant to request the refund. 4.111.4 Revocation. The building official is authorized to, in writing, suspend or revoke a certificate of occupancy issued under the provisions of the construction codes and the Construction Administrative Code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or 6d. - Community and Economic Development Department recommends Page 152 of 221 76 where it is determined that the building or structure or portion thereof is in violation of any ordinance or regulation or any of the provisions of the construction codes or the Construction Administrative Code. L.SECTION 112 – SERVICE UTILITIES: 1.112.1 Connection of service utilities. No person shall make connections from a utility, source of energy, fuel or power to any building or system that is regulated by the construction codes or the Construction Administrative Code for which a permit is required, until approved by the building official. 2.112.2 Temporary connection. The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel or power. 3.112.3 Authority to disconnect service utilities. The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by the construction codes and the Construction Administrative Code in case of emergency where necessary to eliminate an immediate hazard to life or property, or when such utility connection has been made without the approval required by Section 112.1 or 112.2. The building official shall notify the serving utility and, wherever possible, the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified by some method prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter. 6d. - Community and Economic Development Department recommends Page 153 of 221 77 M.SECTION 113 – VIOLATIONS: 1.113.1 Unlawful acts. It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by the construction codes and the Construction Administrative Code, or cause same to be done, in conflict with or in violation of any of the provisions of the construction codes or the Construction Administrative Code. 2.113.2 Stop work order authority. Whenever the building official finds any work being performed in a manner either contrary to the provisions of the construction codes, the Construction Administrative Code, or other pertinent laws or ordinances implemented through the enforcement of the construction codes and the Construction Administrative Code, the building official is authorized to issue a stop work order. 3.113.3 Stop work order issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner’s agent, or to the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume. 4.113.4 Stop work order investigation fee. The building official is authorized to assess a special investigation fee for the issuance of a stop work order when work has started without the issuance of a permit. The special 6d. - Community and Economic Development Department recommends Page 154 of 221 78 investigation fee shall be equal to twice the permit fee and in addition to the permit fee. 5.113.5 Unlawful continuance. Any person who shall continue any work in or about the structure after having been served with a stop work order, 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 RMC 1-3-2. 6.113.6 Enforcement. Enforcement of the construction codes and the Construction Administrative Code shall be in conformance with the procedures set forth in RMC 1-3-2. N.SECTION 114 – NOTICES AND ORDERS: 1.114.1 Notice to person responsible. 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 107.2 as amended and the applicable provisions of the RMC 1-3-2, Civil Enforcement of Code. 2.114.2 Form. Such notice prescribed in Section 107.1 shall be in accordance with RMC 1-3-2. In addition to the information required by RMC 1-3- 2, the notice and order shall contain: a. A statement that the building official has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of section 108 of this code. 6d. - Community and Economic Development Department recommends Page 155 of 221 79 b. Statements advising that if any required repair or demolition work (without vacation being also required) is not commenced within the time specified, the building official: i. Will order the building vacated and posted to prevent further occupancy until the work is completed; and ii. May proceed to cause to be done and charge the costs thereof against the property or its owner. 3.114.3 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. O.SECTION 115 – UNSAFE STRUCTURES AND EQUIPMENT: 1.115.1 General. Structures or existing equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress 6d. - Community and Economic Development Department recommends Page 156 of 221 80 facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary pursuant to the provisions of the Code. A vacant structure that is not secured against entry shall be deemed unsafe. 2.115.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post the structure “Do Not Occupy” and order the structure to be closed up so as not to be an attractive nuisance. Upon failure of the owner to close up such premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and may be collected by any other legal resource. 3.115.3 Notice. Whenever the code official has closed a structure or locked out equipment under the provisions of this section, notice shall be posted in a conspicuous place in, on or about the structure or equipment affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with RMC 1-3-2. The notice shall be in 6d. - Community and Economic Development Department recommends Page 157 of 221 81 the form prescribed in section 107.2 as amended. Every notice to vacate shall be issued, served and posted as an order to cease activity under RMC 1-3-2C. 4.115.4 Placarding. Upon failure of the owner or person responsible to comply with the notice provisions within the time given, the code official shall post on or at each entry of the premises a placard indicating that the building is not fit for occupancy and other information determined relevant by the building official. 5.115.5 Placard removal. The code official shall remove the placard posted in accordance with the provisions of section 108 whenever the defect or defects upon which the action was based have been eliminated. Any person who defaces or removes the placard without the approval of the code official shall be subject to the penalties set forth in RMC 1-3-2. 6.115.6 Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by the code. 7.115.7 Repair, vacation and demolition. The following standards shall be followed by the building official (and by the hearing examiner if an appeal is taken) in ordering the repair, vacation or demolition of any dangerous building or structure: 6d. - Community and Economic Development Department recommends Page 158 of 221 82 a. Any building declared a dangerous building under this Code shall be made to comply with one of the following: i. The building shall be repaired in accordance with the current building code or other current code applicable to the type of substandard conditions requiring repair; ii. The building shall be demolished at the option of the building owner; or iii. If the building does not constitute an immediate danger to the life, limb, property or safety of the public it may be vacated, secured and maintained against entry. b. If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated. P.SECTION 116 – EMERGENCY MEASURES: 1.116.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and 6d. - Community and Economic Development Department recommends Page 159 of 221 83 require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: “This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official.” It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same. 2.116.2 Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. 3.116.3 Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized. 4.116.4 Emergency repairs. For the purposes of this section, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. 5.116.5 Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the jurisdiction. The legal counsel of the 6d. - Community and Economic Development Department recommends Page 160 of 221 84 jurisdiction shall institute appropriate action against the owner of the premises where the unsafe structure is or was located for the recovery of such costs. 6.116.6 Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the Community and Economic Development Administrator or designee, be afforded a hearing as described in Section 118. Q.SECTION 117 – DEMOLITION: 1.117.1 General. The code official shall order the owner of any premises upon which is located any structure, which in the code official’s judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at the owner’s option; or where there has been a cessation of normal construction of any structure for a period of more than two years, to demolish and remove such structure. 2.117.2 Notices and orders. All notices and orders shall comply with Section 114. 3.117.3 Failure to comply. If the owner of a premises fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public 6d. - Community and Economic Development Department recommends Page 161 of 221 85 agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. 4.117.4 Salvage materials. When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state. R.SECTION 118 – APPEALS: 1.118.1 General – building codes. Appeals of orders, decisions and determinations of the building official that do not constitute enforcement actions shall be heard and decided by the Community and Economic Development Administrator or designee pursuant to the provisions of RMC 4-8- 110. To the extent the building codes adopted by reference in this title refer to a “board of appeals” or a “building board of appeals,” those references shall be deemed to refer to the Community and Economic Development Administrator or designee. 6d. - Community and Economic Development Department recommends Page 162 of 221 86 2.118.2 General – fire codes. Appeals of orders, decisions and determinations of the fire code official that do not constitute enforcement actions shall be heard and decided by the Fire and Emergency Services Chief or designee pursuant to the provisions of RMC 4-8-110. To the extent the fire codes adopted by reference in this title refer to a “board of appeals” or a “building board of appeals,” those references shall be deemed to refer to the Fire and Emergency Services Chief or designee. 3.118.3 Limitations on authority. An application for appeal shall be based on a claim that the true intent of the construction codes or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of the construction codes do not fully apply, or an equally good or better form of construction is proposed. The building board of appeals shall have no authority relative to interpretation of the administrative provisions of the construction codes nor shall the board be empowered to waive requirements of the construction codes which are the codes, appendices and referenced code standards adopted by the jurisdiction. SECTION II.This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication 6d. - Community and Economic Development Department recommends Page 163 of 221 87 PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2014. _____________________________ Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2014. _____________________________ Denis Law, Mayor Approved as to form: _____________________________ Lawrence J. Warren, City Attorney Date of Publication:____________ ORD:1811:2/26/14:scr 6d. - Community and Economic Development Department recommends Page 164 of 221 6d. - Community and Economic Development Department recommends Page 165 of 221 6d. - Community and Economic Development Department recommends Page 166 of 221 6d. - Community and Economic Development Department recommends Page 167 of 221 6d. - Community and Economic Development Department recommends Page 168 of 221 6d. - Community and Economic Development Department recommends Page 169 of 221 6d. - Community and Economic Development Department recommends Page 170 of 221 6d. - Community and Economic Development Department recommends Page 171 of 221 6d. - Community and Economic Development Department recommends Page 172 of 221 6d. - Community and Economic Development Department recommends Page 173 of 221 6d. - Community and Economic Development Department recommends Page 174 of 221 6d. - Community and Economic Development Department recommends Page 175 of 221 6d. - Community and Economic Development Department recommends Page 176 of 221 6d. - Community and Economic Development Department recommends Page 177 of 221 6d. - Community and Economic Development Department recommends Page 178 of 221 6d. - Community and Economic Development Department recommends Page 179 of 221 6d. - Community and Economic Development Department recommends Page 180 of 221 6d. - Community and Economic Development Department recommends Page 181 of 221 6d. - Community and Economic Development Department recommends Page 182 of 221 6d. - Community and Economic Development Department recommends Page 183 of 221 6d. - Community and Economic Development Department recommends Page 184 of 221 6d. - Community and Economic Development Department recommends Page 185 of 221 6d. - Community and Economic Development Department recommends Page 186 of 221 6d. - Community and Economic Development Department recommends Page 187 of 221 6d. - Community and Economic Development Department recommends Page 188 of 221 6d. - Community and Economic Development Department recommends Page 189 of 221 6d. - Community and Economic Development Department recommends Page 190 of 221 6d. - Community and Economic Development Department recommends Page 191 of 221 6d. - Community and Economic Development Department recommends Page 192 of 221 6d. - Community and Economic Development Department recommends Page 193 of 221 6d. - Community and Economic Development Department recommends Page 194 of 221 6d. - Community and Economic Development Department recommends Page 195 of 221 6d. - Community and Economic Development Department recommends Page 196 of 221 6d. - Community and Economic Development Department recommends Page 197 of 221 6d. - Community and Economic Development Department recommends Page 198 of 221 6d. - Community and Economic Development Department recommends Page 199 of 221 6d. - Community and Economic Development Department recommends Page 200 of 221 6d. - Community and Economic Development Department recommends Page 201 of 221 6d. - Community and Economic Development Department recommends Page 202 of 221 6d. - Community and Economic Development Department recommends Page 203 of 221 6d. - Community and Economic Development Department recommends Page 204 of 221 6d. - Community and Economic Development Department recommends Page 205 of 221 6d. - Community and Economic Development Department recommends Page 206 of 221 6d. - Community and Economic Development Department recommends Page 207 of 221 6d. - Community and Economic Development Department recommends Page 208 of 221 6d. - Community and Economic Development Department recommends Page 209 of 221 6d. - Community and Economic Development Department recommends Page 210 of 221 6d. - Community and Economic Development Department recommends Page 211 of 221 6d. - Community and Economic Development Department recommends Page 212 of 221 6d. - Community and Economic Development Department recommends Page 213 of 221 6d. - Community and Economic Development Department recommends Page 214 of 221 6d. - Community and Economic Development Department recommends Page 215 of 221 6d. - Community and Economic Development Department recommends Page 216 of 221 CITY OF RENTON, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 1-3-3 OF CHAPTER 3, REMEDIES AND PENALTIES, OF TITLE I (ADMINISTRATIVE) OF THE RENTON MUNICIPAL CODE, BY CLARIFYING THE DEFINITIONS OF "CALLS FOR SERVICE", "CHRONIC NUISANCE PREMISES" AND "GENERAL PUBLIC", AND AMENDING REGULATIONS REGARDING LIENS. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION I. Subsection 1-3-3.B.4, "Calls for service", of Chapter 3, Remedies and Penalties, of Title I (Administrative) of the Renton Municipal Code, is amended as follows: 4. "Calls for service" means calls or communications to 911, including but not limited to Valley Communications, and/or calls or communications directly to the Renton Police Department or one of its officers, or the viewing of an offense by an officer. Calls for service, as that term is used in the definition of "chronic nuisance premises," does not include incidents that are unrelated to the chronic nuisance premises, its resident(s), owner(s), guests, patrons, or calls for general information. SECTION II. Subsection 1-3-3.B.5, "Chronic nuisance premises", of Chapter 3, Remedies and Penalties, of Title I (Administrative) of the Renton Municipal Code, is amended as follows: 5. "Chronic nuisance premises": a. As it relates to single-family or duplex housing, an individual apartment unit, or a building, structure or business used for commercial, retail, 1 8a. - Amend RMC 1-3-3, Chronic Nuisance Premises Liens (See 7.b.)Page 217 of 221 ORDINANCE NO. or entertainment purposes, or the area within two hundred feet (200') of such premises, including those regulated by the Liquor Control Board, and including public, private, commercial or industrial parking lots within two hundred feet (200') of such premises. Chronic Nuisance Premises means a property on which any of the following exists or has occurred: i. Six (6) or more calls for service occur or exist during any sixty (60)- day period; or ii. Ten (10) or more calls for service occur or exist during any one hundred and eighty (180)-day period; or iii. Fourteen (14) or more calls for service occur or exist during any twelve (12)-month period; b. Any action against a "chronic nuisance premises" and/or its owner, managing agent or person in control for a violation under subsection B.5.a.i of this Section does not preclude the use of those nuisances or criminal activities to find a violation of subsection B.5.a.ii or iii of this Section; and a violation under subsection B.5.a.i and/or ii of this Section does not preclude the use of those nuisances or criminal activities to find a violation of subsection B.5.a.iii of this Section as long as all of the nuisances or criminal activities occurred during the applicable time period. SECTION III. Subsection 1-3-3.B.12, "General public", of Chapter 3, Remedies and Penalties, of Title I (Administrative) of the Renton Municipal Code, is amended as follows: 2 8a. - Amend RMC 1-3-3, Chronic Nuisance Premises Liens (See 7.b.)Page 218 of 221 ORDINANCE NO. 12. "General public" means the City of Renton, any of its communities or neighborhoods, or more than one (1) citizen, neighbor and/or their guest_s]. SECTION IV. Subsection 1-3-3.B.19.a, of Chapter 3, Remedies and Penalties, of Title I (Administrative) of the Renton Municipal Code, is amended as follows: a. "Moral" or "public" nuisances, even if the extent of the damage is unequal, that is detrimental to the general public. For purposes of this subsection, moral or public nuisances shall not be limited to the state's definition of moral or public nuisances; SECTION V. Subsection 1-3-3.C.l.a, of Chapter 3, Remedies and Penalties, of Title I (Administrative) of the Renton Municipal Code, is amended as follows: a. A public and/or moral nuisance; or SECTION VI. Subsection 1-3-3.G.6, Lien - Authorized, of Chapter 3, Remedies and Penalties, of Title I (Administrative) of the Renton Municipal Code, is amended as follows: 6. Lien - Authorized: The City shall have a lien for any monetary penaltyz fee or expense related to any aspect of the abatement of any nuisance or chronic nuisance premises as well as the revocation of a business licenser abatement investigation or abatement litigation against the promises or real property where the abatement work was performed. The lien shall be subordinate to all previously existing special assessment liens imposed on the same premises or real property and shall be superior to all other liens, except for state and county taxes, with which it shall be on parity. 3 8a. - Amend RMC 1-3-3, Chronic Nuisance Premises Liens (See 7.b.)Page 219 of 221 ORDINANCE NO. a. A lien for any monetary penalty, including the cost of abatement proceedings under this Chapter, shall be filed for record with the King County Department of Records and Elections or County Auditor Recorder's Office against the premises or real property where the work of abatement was performed. A lien under this Chapter shall be filed within ninety (90) days from the later of the date that the monetary penalty is due or the date the work is completed or the nuisance abated. b. The lien shall contain sufficient information regarding the criminal violation, a legal description of the property to be charged with the lien and the owner of record, and the total amount of the lien. c. Any lien under this Chapter shall be verified by the applicable Administrator or law enforcement officer, and may be amended from time to time to reflect changed conditions or monetary amount. d. No liens filed under this Chapter shall bind the affected property for a period longer than ten (10) years, without foreclosure or extension agreed to by the property owner. SECTION VII. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication PASSED BY THE CITY COUNCIL this day of , 2014. Bonnie I. Walton, City Clerk 4 8a. - Amend RMC 1-3-3, Chronic Nuisance Premises Liens (See 7.b.)Page 220 of 221 ORDINANCE NO. APPROVED BY THE MAYOR this day of , 2014. Denis Law, Mayor Approved as to form: Lawrence J. Warren, City Attorney Date of Publication: ORD:1810:2/14/14:scr 5 8a. - Amend RMC 1-3-3, Chronic Nuisance Premises Liens (See 7.b.)Page 221 of 221