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HomeMy WebLinkAboutFinal Agenda Packet CITY OF RENTON AGENDA - City Council Regular Meeting 7:00 PM - Monday, November 21, 2022 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way Please note that this regular meeting of the Renton City Council is being offered as a hybrid meeting and can be attended in person at the Council Chambers, 7th floor of City Hall, 1055 S Grady Way, Renton, 98057 or remotely through Zoom. For those wishing to attend by Zoom: Please (1) click this link https://us02web.zoom.us/j/84938072917?pwd=TUNCcnppbjNjbjNRMWpZaXk2bjJnZz09 (or copy/paste the URL into a web browser) or (2) call-in to the Zoom meeting by dialing 253-215- 8782 and entering 849 3807 2917 Passcode 156708, or (3) call 425-430-6501 by 5 p.m. on the day of the meeting to request an invite with a link to the meeting. Registration for Audience Comment: Registration will be open at all times, but speakers must register by 5 p.m. on the day of a Council meeting in order to be called upon. Anyone who registers after 5 p.m. on the day of the Council meeting will not be called upon to speak and will be required to re-register for the next Council meeting if they wish to speak at that next meeting. • Request to Speak Registration Form: o Click the link or copy/paste the following URL into your browser: https://forms.office.com/g/bTJUj6NrEE • You may also call 425-430-6501 or email jsubia@rentonwa.gov or cityclerk@rentonwa.gov to register. Please provide your full name, city of residence, email address and/or phone number, and topic in your message. • A sign-in sheet is also available for those who attend in person. Video on Demand: Please click the following link to stream Council meetings live as they occur, or to select previously recorded meetings: • Renton Channel 21 Video on Demand 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PROCLAMATION a) Small Business Saturday - November 26, 2022 4. SPECIAL PRESENTATION a) King County Councilmember Upthegrove: Presentation to Family First Community Center (FFCC) 5. ADMINISTRATIVE REPORT a) Administrative Report 6. AUDIENCE COMMENTS • All remarks must be addressed to the Council as a whole, if a response is requested please provide your name and address, including email address, to the City Clerk to allow for follow‐up. • Speakers must sign-up prior to the Council meeting. • Each speaker is allowed three minutes. • When recognized, please state your name & city of residence for the record. NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. 7. 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 November 14, 2022. Council Concur b) AB - 3227 Equity, Housing, and Human Services Department recommends approval of the Human Services Advisory Committee's 2023/2024 human services funding recommendations to 64 programs in the amount of $812,000 annually; and authorization to execute the related agency agreements subject to approval as to legal form. Refer to Finance Committee c) AB - 3236 Police Department recommends approval of a three-year agreement with the Washington State Criminal Justice Training Commission for the reimbursement of salary and benefits in exchange for providing a police officer to be a training officer at the Basic Law Enforcement Academy. Refer to Finance Committee d) AB - 3240 Police Department recommends approval of an agreement with the Washington Traffic Safety Commission to accept $17,000 in grant funds for high-visibility enforcement traffic safety emphasis patrols. Refer to Finance Committee e) AB - 3242 Public Works Facilities Division recommends approval of an agreement with Graham Baba Architects, in the amount of $106,862, for design services for the interior renovation of the downtown Pavilion building, located at 233 Burnett Ave S. Refer to Finance Committee 8. 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) Transportation Committee: Bronson Way Bridge – Seismic Retrofit and Painting Project CAG-22-255 Amendment No. 1 with TranTech Engineering, LLC b) Utilities Committee: 2023 – 2024 Solid Waste Utility Revenue Requirement*; Resolution for Interlocal Agreement with the City of Newcastle for the 116th Ave SE and Edmonds Ave NE Pipe Revitalization Project* 9. LEGISLATION Resolution: a) Resolution No. 4486: Interlocal Agreement with Newcastle (See Item 8.b) Ordinances for first reading: b) Ordinance No. 6090: D-207 - Code Interpretations (Recommended for Adoption by P&D Committee on April 11, 2022) c) Ordinance No. 6091: D-209 - Solar Systems (Recommended for Adoption by P&D Committee on June 27, 2022) d) Ordinance No. 6092: D-213 - Parking (Recommended for Adoption by P&D Committee on September 12, 2022) e) Ordinance No. 6093: D-215 - Dwelling Units in CO (Recommended for Adoption by P&D Committee on September 12, 2022) f) Ordinance No. 6094: D-216 - Special Fence Permits (Recommended for Adoption by P&D Committee on September 12, 2022) g) Ordinance No. 6095: D-221 - Smoking/Hookah Lounges (Recommended for Adoption by P&D Committee on September 26, 2022) h) Ordinance No. 6105: 2023-2024 Solid Waste Rates Ordinance (See Item 8.b) Ordinances for second and final reading: i) Ordinance No. 6103: 2018 International Fire Codes (First Reading on 11/14/2022) j) Ordinance No. 6104: Bad Debt Code Revisions (First Reading on 11/14/2022) 10. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) a) Nominate and Elect 2023 Council President b) Nominate and Elect 2023 Council President Pro Tempore 11. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) CANCELLED 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 To view Council Meetings online, please visit rentonwa.gov/councilmeetings ArmondoPavoneMayorWñereas,SmallBusinessSaturdaywasfoundedbyAmericanExpressin2010,officiallycosponsoredbySmallBusinessAdministrationsince2011,andisheldannuallyontheSaturdayafterThanksgiving;andWñereas,accordingtotheUnitedStatesSmallBusinessAdministration,thereare33.2millionsmallbusinessesintheUnitedStates,whichrepresent99.7percentofallbusinessesintheUnitedStates,andgeneratedanet12.9millionnewjobsoverthepast25years,accountingfortwooutofeverythreejobsaddedtotheeconomy;andWfiereas,smallbusinessesdonate250percentmorethanlargerbusinessestolocalnonprofitsandcommunitycauses;andWfiereas,whenyoushopsmallandlocally,it’sestimatedthat67centsofeverydollarspentatasmallbusinessstaysinthatbusiness’slocalcommunity;andtfrt)/ereas;eachofRenton’ssixuniqcieneighborhoodsishometoshops,restaurants,andmerchants,andRentoncelebratesandsupportsthosebusinessesforcontributingtoourcommunity,morenowthaneverastheynavigate,retoolandpivotfromtheeffectsofthecoronaviruspandemic;fAlow,tfterefore,I,ArmondoPavone,MayoroftheCityofRenton,doherebyproclaimNovember26,2022,tobeSmattBusinessSaturc(ayintheCityofRenton,andIencourageallmembersofthecommunitytosupportsmallbusinessesonSmallBusinessSaturdayandthroughouttheyear.InwitnesswfiereofIhavehereuntosetmyhandandcausedthesealoftheCityofRentontobeaffixedthis21stdayofNovember,2022.ArmonoJoPavone,MayorCityofashingtonRentonCityHaIl,7thFloor1055SouthGradyWay,Renton,WA98057.ProcCamationAGENDA ITEM #3. a) Mayor’s Office Memorandum DATE: November 21, 2022 TO: Ryan McIrvin, Council President Members of Renton City Council FROM: Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer SUBJECT: Administrative Report • Celebrate Small Business Saturday in Downtown Renton with a full day of events on November 26! Starting at 10:00am, stroll and shop throughout Downtown Renton. From 12:00-4:00pm, Renton Holiday Farmers Market will have favorite market vendors at Piazza Park, S. 3rd St and Burnett Ave S. More shopping and live music will be happening until 7:00pm at the Pavilion Building. Watch the tree lighting at Piazza Park at 5:00pm, followed closely by Santa’s arrival and photos with him at the Pavilion Building. For more information on Renton’s Holiday Farmers Market, visit our Facebook page or www.rentonfarmersmarket.com. Also, see the Renton Downtown Partnership Facebook page for information on all the other Small Business Saturday events. • The next pop-up lunch event, sponsored by the Equity, Housing, and Human Services (EHHS) Department and the Emergency Feeding Program, will be held Tuesday, November 29 from 12-1:30 p.m. at 300 Rainier Avenue North. Ready-to-eat lunch and drinks from Amazon Fresh, personal hygiene kits, cleaning supplies, and socks will be available to those with food insecurities and/or who are unsheltered. The pop-up lunch events will be suspended for the month of December. • The Renton Equity Commission and the Human Services Advisory Committee are currently recruiting youth members. The age range for the Equity Commission youth member is 18-25 and the Human Services Advisory Committee range is under 21 years of age. This is an excellent opportunity to learn about equity and inclusion, human services, local government, and volunteerism. Youth members are eligible to earn community service hours as well. Applications will be accepted through 5:00pm Wednesday, November 30. Oral interviews for all vacancies will be conducted in December. Interested applicants may apply for these positions by visiting our website at rentonwa.gov/application. • Information about preventative street maintenance, traffic impact projects, road closures, and I-405 work happening this week can be found at AGENDA ITEM #5. a) Ryan McIrvin, Council President Members of Renton City Council Page 2 of 2 November 21, 2022 http://rentonwa.gov/traffic. All projects are weather permitting and unless otherwise noted, streets will always remain open. Preventative street maintenance, traffic impact projects, and road closures will be at the following locations:  Monday, November 21 through Wednesday, November 23, 7:000 a.m. to 3:00 p.m. Intermittent lane closure on Lincoln Ave NE at the 4100 block for utility and roadway construction. Questions may be directed to Kip Braaten at 206-503-1746.  Monday, November 21 through Wednesday, November 23, 8:30 a.m. to 3:00 p.m. Intermittent lane closure on NE 12th Street and Jefferson Avenue NE for utility installation. Questions may be directed to Brad Stocco at 425-282-2373.  Monday, November 21 through Wednesday, November 23, 8:30 a.m. to 3:00 p.m. Intermittent lane closure on 116th Ave SE at SE 186th St. Questions may be directed to Tom Main at 206-999-1833.  Monday, November 21 through Wednesday, November 23, 8:30 a.m. to 3:00 p.m. Intermittent lane closure on northbound Talbot Rd S at S 45th Pl. Questions may be directed to Tom Main at 206-999-1833.  On-going Street Closure through October 4, 2023 (City of Renton Resolution No. 4446). FULL STREET CLOSURE on Sunset Lane NE between NE 10th Street and Harrington Place NE in support of the Solera Development Project (LUA20-000305). Questions may be directed to Brad Stocco, 425-282-2373. AGENDA ITEM #5. a) November 14, 2022 REGULAR COUNCIL MEETING MINUTES CITY OF RENTON MINUTES - City Council Regular Meeting 7:00 PM - Monday, November 14, 2022 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Pavone called the meeting of the Renton City Council to order at 7:00 PM and led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Ryan McIrvin, Council President James Alberson, Jr., Council Position No. 1 Carmen Rivera, Council Position No. 2 Valerie O'Halloran, Council Position No. 3 Ed Prince, Council Position No. 5 (attended virtually) Ruth Pérez, Council Position No. 6 Kim-Khánh Vǎn, Council Position No. 7 Councilmembers Absent: ADMINISTRATIVE STAFF PRESENT Armondo Pavone, Mayor Ed VanValey, Chief Administrative Officer Patrice Kent, Senior Assistant City Attorney Jason Seth, City Clerk Melissa McCain, Deputy City Clerk Judith Subia, Council Liaison Kari Roller, Finance Department Administrator Commander Dan Figaro, Police Department Attended remotely: Kelly Beymer, Parks & Recreation Administrator Martin Pastucha, Public Works Administrator Kristi Rowland, Deputy Chief Administrative Officer Kim Gilman, HR Labor Manager AGENDA ITEM #7. a) November 14, 2022 REGULAR COUNCIL MEETING MINUTES Ron Straka, Public Works Utility Systems Director Vanessa Dolbee, Planning Director Rob Shuey, Building Official Erika Eddins, HR Benefits Manager Chief Jon Schuldt, Police Department Deputy Chief Jeff Hardin, Police Department PROCLAMATION a) Veterans Month: A proclamation by Mayor Pavone was read declaring November 2022 to be Veterans Month in the City of Renton, encouraging all members of the community to acknowledge and honor the service, sacrifices, and contributions of veterans and what they do every day to support our country. VFW Post 1263 Commander, Martin Tamayo, accepted the proclamation with appreciation. ADMINISTRATIVE REPORT CAO Ed VanValey reviewed a written administrative report summarizing the City’s recent progress towards goals and work programs adopted as part of its business plan for 2022 and beyond. Items noted were: • The Renton Equity Commission and the Human Services Advisory Committee are currently recruiting youth members. The age range for the Equity Commission youth member is 18-25 and the Human Services Advisory Committee range is under 21 years of age. This is an excellent opportunity to learn about equity and inclusion, human services, local government, and volunteerism. Youth members are eligible to earn community service hours as well. First review will be conducted November 15 and applications will be accepted through 5 p.m., Wednesday, November 30. • The Human Services Advisory Committee also has three regular member vacancies. Committee members assist staff in developing policies designed to assist Renton residents and the community. The Mayor, City Council, and staff review its recommendations before making funding decisions on programs and projects. • Oral interviews for all vacancies will be conducted in December. Interested applicants may apply for any of these positions by visiting our website at rentonwa.gov/application. • The next pop-up lunch will be held Tuesday, November 15 from 12-1:30 p.m. at 300 Rainier Avenue North. Ready-to-eat lunch and drinks from Amazon Fresh, personal hygiene kits, cleaning supplies, and socks will be available to those with food insecurities and/or are unsheltered. The last pop-up lunch of the year will take place at the same location on November 29. The pop-up lunch events will be suspended for the month of December. The pop-up lunch events are sponsored by the Equity, Housing, and Human Services (EHHS) Department and the Emergency Feeding Program. • Renton Technical College will be hosting an Open House and Tours program showcase on Tuesday, November 15 from 4:30-6:30 p.m. Visit interactive program tables, talk to faculty, learn about career training and transfer options. This event is free and open to the community. For more information or to RSVP contact Outreach@rtc.edu, call 425-235-6353 or visit https://www.eventbrite.com/e/renton-technical-college- open-hous-tickets-443440992947. AGENDA ITEM #7. a) November 14, 2022 REGULAR COUNCIL MEETING MINUTES • Preventative street maintenance will continue to impact traffic and result in occasional street closures. AUDIENCE COMMENTS • Diane Dobson, speaking on behalf of the Renton Chamber of Commerce and local businesses, thanked Council and the Mayor for supporting businesses by adopting the City's 2023 Legislative Agenda. • Joseph Smith, Renton, requested assistance in updating police regulations that will hold pet owners accountable for cleaning up after their pets. CONSENT AGENDA Items listed on the Consent Agenda were adopted with one motion, following the listing. Council President McIrvin pulled Item 6.b. for separate consideration. a) Approval of Council Meeting minutes of November 7, 2022. Council Concur. c) AB - 3233 Executive Services Department recommended approval of Addendum 7 to CAG-11- 176, interlocal agreement with the Community Connectivity Consortium, which upgrades services for the following participating agencies: City of Kirkland, City of Renton, NORCOM, University of Washington, and Valley Communications Center, from 1GE (gigabit) service to 10GE (gigabit) service. Refer to Finance Committee. d) AB - 3226 Parks & Recreation Department recommended approval of Amendment No. 3 to LAG-20-028, lease with Northwest Restaurant Experience, which transfers the Concession Agreement of the RiverRock Restaurant located at the Maplewood Golf Course from Northwest Restaurant Experience to Curt Peck. Council Concur. e) AB - 3234 Parks & Recreation Department recommended approval to execute an agreement with King Conservation District, in order to accept $53,811 in Member Jurisdiction grant funds, for the construction of the Cedar River Trail and Bank Stabilization project. Council Concur. f) AB - 3235 Public Works Administration recommended adoption of an ordinance increasing Solid Waste Utility rates as follows for both 2023 and 2024: Single Family Residential 7.75% 2023 and 7.75% for 2024; Commercial and Multi-Family 6.90% 2023 and 6.80% for 2024; and Commercial Roll Off 5% 2023 and 5% for 2024. Refer to Utilities Committee. g) AB - 3238 Public Works Maintenance Services requested authorization to purchase a 2022 Chevy Silverado Medium Duty 4WD and a 2022 Chevy Silverado Medium Duty 2WD, in the total amount of $121,243.46. The funds to purchase these vehicles was included in the 2021/2022 Biennial Budget. Council Concur. h) AB - 3237 Public Works Utility Systems Division recommended approval to adopt a resolution authorizing an interlocal agreement with the City of Newcastle for cost sharing for the 116th Ave SE and Edmonds Ave NE Pipe Revitalization project. Renton's contribution is $80,000. Refer to Utilities Committee. MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA, MINUS ITEM 6.b. CARRIED. AGENDA ITEM #7. a) November 14, 2022 REGULAR COUNCIL MEETING MINUTES SEPARATE CONSIDERATION ITEM 6.b. b) AB - 3239 Mayor Pavone submitted the staff recommendation to adopt the 2023 Legislative Agenda as presented. Council Concur Councilmember Rivera noted for the record that the feedback given at a previous Committee of the Whole meeting had not been incorporated into the proposed 2023 Legislative Agenda. She also noted that she believes it does not feel right that the City is alluding that ESB 5476 is [responsible] for the uptick in crime in the community. Councilmember Rivera also expressed concern that moving from a voluntary approach to custodial intervention is essentially walking back on the war on drugs, which is what the Blake Decision was trying to combat. MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL CONCUR TO APPROVE CONSENT AGENDA ITEM 6.b., AS PRESENTED. CARRIED. AYES: MCIRVIN, PRINCE, PÉREZ, VǍN, ALBERSON, O’HALLORAN NAYS: RIVERA UNFINISHED BUSINESS a) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to approve the following payments: 1. Accounts Payable – total payment of $8,893,173.06 for vouchers 10550-10562, 403950-403983, 403992-404214; payroll benefit withholding vouchers 6967-6978, 6985, 403984-403991, and 2 wire transfers. 2. Payroll – total payment of $1,694,841.13 for payroll vouchers that include 637 direct deposits and 10 checks (10/01/2022-10/15/2022 pay period). MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. b) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to authorize the Mayor to execute the grant agreement with the Washington State Department of Commerce. This agreement is to accept $79,680 of non-matching grant funds to implement the electric vehicle infrastructure plan. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. c) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to approve the renewal of the fully insured health plan by Kaiser Permanente. Kaiser’s premium rates are increasing 5.82% for active employees, and a slight decrease for retirees with Medicare coverage. Upon approval by the City, Kaiser will issue the updated Plan Document. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. d) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to approve the Healthcare Management Administrators (HMA) Administrative Services Agreement and 2023 rates. The agreement has been updated to reflect compliance with healthcare regulations under the Transparency in Coverage and No Surprises Act. In addition, the total cost for HMA’s administrative services is increasing by 3.6% for 2023 and will be $43.44 per employee, per month. Enrollment varies during the year and is approximately 626 (560 active members and 66 retirees). Cost: 626 enrolled x $43.44/month x 12 months = $329,573. AGENDA ITEM #7. a) November 14, 2022 REGULAR COUNCIL MEETING MINUTES MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. e) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to approve the AFSCME Language Translation Memorandum of Understanding (MOU). The proposed MOU would amend the contract and aims to provide a financial benefit to those staff who are currently providing language translation services as part of their work duties. The MOU will be effective starting with the pay period November 16-30, 2022. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. f) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to adjust customer account 031175-000 in the amount of $3,364.60 for excess consumption caused by a qualified water line leak in accordance with RMC 8-4-46 and 8-5-23. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. g) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to adjust customer account 051445-000 in the amount of $3,397.63 for excess consumption caused by a qualified water line leak in accordance with RMC 8-4-46 and 8-5-23. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. h) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to authorize Mayor and City Clerk to execute an agreement with Washington State Department of Commerce in the amount of $100,000 for the Renton Middle Housing Project. The project aims to initiate a work program to explore additional opportunities to allow duplexes, triplexes, townhomes, and other Middle Housing types like cottage housing in Renton. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. i) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to approve Amendment #2 to CAG-19-342 with Ogden Murphy Wallace, P.L.L.C. in the amount of $120,000 for additional legal services on behalf of the City of Renton. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. j) Finance Committee Chair O'Halloran presented a report concurring in the staff recommendation to approve the ordinance amending RMC 3-4-3 for bad debt write off. The Committee further recommended that the ordinance regarding this matter be presented for first reading. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. k) Planning & Development Committee Chair Prince presented a report concurring in the staff recommendation to approve the resolution adopting the South King Housing and Homelessness Partners (SKHHP) 2023 Work Plan and 2023 Operating Budget. The Committee further recommended that the resolution regarding this matter be presented for reading and adoption. MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. AGENDA ITEM #7. a) November 14, 2022 REGULAR COUNCIL MEETING MINUTES l) Planning & Development Committee Chair Prince presented a report concurring in the staff recommendation to adopt the 2018 International Fire Codes to ensure fire codes are consistent with the State adopted codes as listed in RCW 19.27. The Committee further recommended that the ordinance regarding this matter be presented for first reading. MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL CONCUR IN THE COMMITTEE RECOMMENDATION. CARRIED. LEGISLATION Resolutions: a) Resolution No. 4484: A resolution was read amending the City of Renton Fee Schedule for the years 2023 and 2024. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. b) Resolution No. 4485: A resolution was read adopting the South King Housing and Homelessness Partners 2023 Work Plan and 2023 Operating Budget. MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL ADOPT THE RESOLUTION AS READ. CARRIED. Ordinances for first reading: c) Ordinance No. 6103: An ordinance was read adopting the 2018 Edition of the International Fire Code as adopted and amended by the State Building Code Council in Chapter 51-54A WAC, revising the City’s amendments thereto in Section 4-5-070 of the Renton Municipal Code, authorizing corrections, providing for severability, and establishing an effective date. MOVED BY PRINCE, SECONDED BY ALBERSON, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT MEETING. CARRIED. d) Ordinance No. 6104: An ordinance was read amending Section 3-4-3 of the Renton Municipal Code to authorize the Finance Department Administrator to write off bad debt; providing severability and establishing an effective date. MOVED BY O'HALLORAN, SECONDED BY PÉREZ, COUNCIL REFER THE ORDINANCE FOR SECOND AND FINAL READING AT THE NEXT MEETING. CARRIED. Ordinances for second and final reading: e) Ordinance No. 6084: An ordinance was read amending flood regulations in Subsections 4-3- 050.G.4.D and 4-3-050.G.4.E of the Renton Municipal Code, authorizing corrections, providing for severability, and establishing an effective date. MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. f) Ordinance No. 6085: An ordinance was read amending Subsection 8-2-2.G, Section 8-2-3, Subsection 8-4-24.A, Sections 8-4-31, and 8-5-15 of the Renton Municipal Code, establishing piped utility rates for 2023 and 2024, authorizing corrections, providing for severability, and establishing an effective date. MOVED BY ALBERSON, SECONDED BY PÉREZ, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. AGENDA ITEM #7. a) November 14, 2022 REGULAR COUNCIL MEETING MINUTES g) Ordinance No. 6086: An ordinance was read authorizing the dollar amount and percentage increase for the property tax to be levied for the year 2023, providing for severability, and establishing an effective date. MOVED BY MCIRVIN, SECONDED BY O'HALLORAN, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. h) Ordinance No. 6087: An ordinance was read establishing the property tax levy for the year 2023 for general City operational purposes in the amount of $25,285,929, providing for severability, and establishing an effective date. MOVED BY MCIRVIN, SECONDED BY PÉREZ, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. i) Ordinance No. 6088: An ordinance was read adopting the biennial budget for the years 2023/2024, providing for severability, and establishing an effective date. MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. NEW BUSINESS Please see the attached Council Committee Meeting Calendar. ADJOURNMENT MOVED BY PÉREZ, SECONDED BY MCIRVIN, COUNCIL ADJOURN. CARRIED. TIME: 7:38 P.M. Jason A. Seth, MMC, City Clerk Jason Seth, Recorder 14 Nov 2022 AGENDA ITEM #7. a) Council Committee Meeting Calendar November 14, 2022 November 21, 2022 Monday 4:30 PM 5:30 PM * Utilities Committee, Chair Alberson Location: Council Conference Room/Videoconference 1. 2023 – 2024 Solid Waste Utility Revenue Requirement 2. Resolution for Interlocal Agreement with the City of Newcastle for the 116th Ave SE and Edmonds Ave NE Pipe Revitalization Project CANCELED Public Safety Committee, Chair Pérez 5:15 PM 6:15 PM * Transportation Committee, Chair Văn Location: Council Conference Room/Videoconference 1. Bronson Way Bridge – Seismic Retrofit and Painting Project CAG-22-255 Amendment No. 1 with TranTech Engineering, LLC 6:00 PM CANCELED * Committee of the Whole, Chair McIrvin * Location: Council Chambers/Videoconference * 1. Renton River Days Update* 7:00 PM Council Meeting Location: Council Chambers/Videoconference * revised 11/15/22 AGENDA ITEM #7. a) AB - 3227 City Council Regular Meeting - 21 Nov 2022 SUBJECT/TITLE: Human Services Funding Recommendations for 2023-2024 RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Equity, Housing, and Human Services Department STAFF CONTACT: Lori Fleming, Human Services Coordinator EXT.: 6655 FISCAL IMPACT SUMMARY: The City of Renton has $812,000 budgeted in 2023-2024 to allocate to agency programs providing human services to Renton residents. An application process was held with 91 applications received requesting over $1.8 million. After review of the applications, the Renton Human Services Advisory Committee is recommending 64 programs to receive funding. SUMMARY OF ACTION: The City of Renton participates with 15 other cities to hold a joint application process for allocating human services funding in North, East, and South King County cities. This Human Services Funding Collaborative (HSFC) includes the cities of Auburn, Bellevue, Burien, Covington, Des Moines, Federal Way, Issaquah, Kenmore, Kent, Kirkland, Redmond, Renton, Sammamish, SeaTac, Shoreline, and Tukwila. To assist agencies with the application process, the HSFC provides the following: • Provides online website with fillable application, FAQs, helpful tips, contact info. • Holds and records two funding information workshops with all participating cities in attendance. • Schedules group technical assistance sessions. • Provides individual technical assistance sessions if requested by agencies. • Provides direct phone/online support. Renton received 91 applications from agencies requesting over $1.8 million. Applications were reviewed and rated by the Renton Human Services Advisory Committee (HSAC) using the attached rating tool, which was previously developed by the Committee and staff to incorporate priority and equity criteria. Applications were grouped into the following six priority need areas: • Basic Needs • Connector Services • Domestic Violence/Sexual Assault services • Economic Opportunity/Self Sufficiency • Health and Wellness • Homeless/Housing Services Due to the large number of applications received, the Human Services Advisory Committee was divided into two groups, with each group reviewing approximately half of the applications. Each group met four times to discuss their applications with a combined meeting of both groups to finalize recommendations. The Renton Human Services Advisory Committee recommends the attached list of 64 agency programs for annual 2023-2024 human services funding AGENDA ITEM #7. b) of $812,000. Funding recommendations include a minimum award of $10,000 and equitable distribution among the six priority need areas. This list includes 24 new programs that were not funded in the previous 2021-2022 cycle. Programs not selected had incomplete applications, provided limited data in their application, had duplicative services to higher scoring programs, or only served a small number of Renton residents. All applying agencies will be notified of funding awards via email regardless of whether or not their application is funded. Two-year contracts will be executed with awarded agencies that will require quarterly invoices, performance measures reporting, and annual demographics information. EXHIBITS: A. 2023-2024 HSAC Human Services Funding Recommendations B. Human Services Application Rating Tool STAFF RECOMMENDATION: Approve the Renton Human Services Advisory Committee's 2023-2024 human services funding recommendations to 64 programs in the amount of $812,000 annually and authorize the Mayor and City Clerk to execute the agency agreements subject to approval to legal form. AGENDA ITEM #7. b) »--.1.-umum 1&1-val! n—Lan—p~r« Pauli: City of Renton,Washington Human Services Advisory Committee 2023 -2024 Human Services Funding Recommendations Kenton 1021 Renton 1023 Renton HSAC _,‘saw Program Name Award Request Recommendation Monty "ea Aerospace Joint Apprenticeship AJAC Advanced Manufacturing 10 0001Committee(AJAC)Training Programs 3 'sm?oo E0 2 ANEW Pre_-ApprenticeshipConstruction $16300 $10,000 E0 Training and Supportive Services Wh I h I h 0 'd M I3AsianCounselingandReferralService°e E“"we we $7,500 $65,000 $20,000 HWHealthProgram 4 Babies of Homelessness Babies of Homalessness Diaper $7,500 $27,864 $10,000 8N Bank Program 5 Big Brothers Big Sisters of Puget Sound 2D23<2024Youth Mentoring $31,119 $10,000 E0 6 Catholic Community Services of King Stability Through Advocacy and 550,407 $75,000 $10,000 HHS County Resources 7 ca'h°"°c°"""“""y Sewim °f “"5 Volunteer Services 510,000 $12,000 $12,000 an County 8 Child Care Resources Homeless Child Care Program $19,275 $10,000 CS _I f t'd R f l,9 Child Care Resources T';:,:r':::a:‘;';:i:‘an:e"*;':dmining $25,923 $10,000 E0 10 Childhaven Continuum of Care $10,380 $45,000 $14,046 E0 Pediatric Therapy &Supports for 11 Children's Therapy Center Children with Special Needs &$7,500 $20,000 $10,428 HW Families in South King County 12 Chinese Information and Service South King County Family $27,507 slmooo CS Center Resource Center 13 $::'N'::""'°‘'"5°"°°"°'R°"‘°"'Integrated Student Support 527,444 $40,000 $10,000 to 14 ConsejoCounseling and Referral ConseioCounseling and Referral smiooo $10,000 DV Service Service 15 Connections (formerly Crisis crisis Line $91400 $10300 cs 16 "°'"‘e"V C""‘King County 2-1-1 $10,000 $60,000 $14,14517CrisisConnections(formerly Crisis Teen Link 51500 $10,000 csClinic)18 DAWN -Domestic Abuse Women s Domestic Violence Emergency $7,500 slslooo “$000 DVNetworkShelterPC"'G I19EastsideLegalAssistanceProgramELAPowedmesEng”$25,000 $10,000 BNRequest20EastsideLegalAssistanceProgramHousingStability$25,000 $10,000 SN21EastsideLegalAssistanceProgramMedical-Legal Partnership $10,000 $10,000 EN22EEC-Eastside Baby Corner Meeting Basic Needs For Children $7,500 S23,2S0 $15,000 BN23ElCentrodelaRazaSystemsNavigation$7,500 $15,000 $10,000 CS24E_sSEmia|sFirs‘‘Formerlvknow"as Community Kits Program $13,330 $10,000 BNKitsforPeace AGENDA ITEM #7. b) -are _o gu- ‘—7'.- Iv:-4: City of Renton,Washington Human Services Advisory Committee 2023 —2024 Human Services Funding Recommendations Men“"elm"Name Renton 2021 Renton 2023 Renton HSAC PriomvArea Award Request Recommendation 25 Families of Color Seattle Families of Color Seattle $10,000 $10,000 CS F ’'W 'H I h C D A d ’I h f 26 eministom-eriseat enter B Repro uctive Heat Care or Low $10,000 $12,500 $10.00‘)HW Cedar River Clinics Income Women 27 HEROHouse NW Supported Employment $10,000 $10,000 E0 23 Institute for Family Development ""7 ‘'’a"’"“3"“°""‘"°"$10,000 $15,930 $10,000 HWTogether 29 lssaouahCultural Circle Cultural Navigation $20,000 $10,000 CS 30 Kindering Center Families in Transition $7,500 $11,250 $11,250 HHS 31 King County Bar Foundation Neighborhood Legal Clinics $10,500 $16,500 $12,000 BN 32 King County Sexual Assault Resource Comprehensivesexualassault $32,000 $35300 $30,000 UV Center advocacy services Lutheran Community Services Culturally Attuned Counseling at 33 Northwest Refugees Northwest $7'50o 57500 $m'o0o Hw Flexible Financial Assistance for 34 Mary's Place Seattle FamiliesExperiencing $7,500 $60,000 $30,000 HHS Homelessness 35 Multi-Service Center E"'°."°."°V“"‘?‘“"‘°Rmurce $11,907 $14,250 $14,000 rm Navigation Services Helping Opportunity Youth (OV) 36 Northwest Education Access build a pathway to a livable wage $7,500 $10,000 E0 career by removingbarriersto 37 0neAmerica English Innovations $7,500 $20,000 $10,000 E0 38 Open Doors for Multicultural Families Mumcukuml Family Suppan $10,000 $10,000 CS Program 39 Orion Industries Employment Services $9,000 $24,000 $12,000 E0 40 Partner ln Employment Employment and Training $9,000 $9,000 $10,000 E0 41 Pediatric Interim Care Center Infant Withdrawal Program $7,500 $8,000 $10,000 HW ,_Pathways to Self-Sufficiency;E0 43 REACH REACHCenter of Hope $7,500 $81,600 $51,530 HHS44REACHREACHMealCoalition$49,000 $15,000 BN45RefugeeWomen's Alliance Basic Needs Program $7,800 $13,000 $10,000 BN' .'P I f f455°‘'‘"'°_'5‘V'"°°"‘"°7”°°Centro Rendu 57,500 $17,000 $15,000 amSeattleKingCountyCouncilSocietyofSt.Vincent de Paul of of St.Anthony Conference47 43,280 ,0 8SeattleKingCountyCouncilEmergencyAssistance5$50 00 $11721 N48SolidGroundWAHousingStabilityProject$7,500 $63,612 $15,000 BN49SoundGenerationsCommunityDining$9,068 $18,000 $12,000 EN50SoundGenerationsMealsonWheels$13,000 $13,730 $13,780 ENI..51 Sound Generations "E"T'a"’°°"a"°"Se""°“$7,500 57,725 $10,000 cs AGENDA ITEM #7. b) ‘vs:«II ‘~unr‘rvnm r?"*“"# um City of Renton,Washington Human Services Advisory Committee 2023 —2024 Human Services Funding Recommendations Kenton 2021 Renton 2023 Renton HSAC ,,Agency Program Name Award Request Recommendation Pmmv M" 52 St.Stephen Housing Association SSHAHousing Stability Program $10,000 $10,000 BN 53 Tenants Union orWashington State B"’°C 7°""‘"‘E"‘°°“'°""°"‘$32,500 $10,000 cs Program 54 The Children and Youth Justice Center L”de""i”''"'e"'e""°"'3"“$10,000 $10,000 toChange(LINC) 55 Ubumwe Women Association lmmiyam single pare,“mmily $42,909 $10,000 CS empowerment support group k ''C 'C l 56 U 'a"_""‘"°"'"'""'“’°"‘°'°Crisis Family intervention (CFI)$12,000 $20,000 $10,000 HWWashington 57 UklairfiancommuniwCenter of Refugee Assistance Program (RAP)$7,500 $20,000 $15,000 BNWashington 58 Vine Maple Place Stable Families Program $7,500 $55,022 $15,000 E0 59 Washington Poison Center E'“°,"‘"“’‘"d Ed""”°"$7,500 $13,305 $10,000 HWServices 60 Way Back Inn HomelessFamily services $10,000 $10,000 $10,000 HHS 61 West African Community Council Immigration Legal Program (ILP)$7,500 $15,000 $15,000 EN 62 Westside Baby Children's Basic Needs Program $10,000 $10,000 BN Children's Gender-based ViolenceVAIK’h 'h 8.050 10,000 1 ,DV63WCSeaneIlng|Sno omls Specialiled Services (CGBVS)5 S $0 000 YWCASouth King County 64 YWCASeattle |King |Snohomish Emergency Shelter Program (SKC $12,000 $15,000 $15,000 HHS ES) TOTAL $812,000 Blue shaded =24 new Programs not funded in previous cycle. Priority Area Total Applications Reviewedan-Basic Needs 28 20 $574,086 $253,501 BNCS-Connector Services 12 12 $311,816 $124,145 CSDV4DomesticViolence84$116,530 $65,000 DVE0-Economic Opportunity 15 14 $342,064 $151,046 E0HW~Health &Wellness 10 8 $204,785 $90,428 HWHHS-Homeless/Housing Services 12 6 $289,600 $127,880 HHSTOTALS8564$1,838,881 $312,000 AGENDA ITEM #7. b) :.._u... 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The officer selected for this duty is Officer Myers, who has been a member of the Renton Police Department since June of 2008. The term is December 1, 2022 through November 30, 2025. There is an early termination clause that both parties may utilize . EXHIBITS: A. Agreement with WSCJTC STAFF RECOMMENDATION: Approve the three-year agreement with the Washington State Criminal Justice Training Commission for reimbursement of salary and benefits for the provision of an officer at the Basic Law Enfo rcement Academy. AGENDA ITEM #7. c) WASHINGTON STATE CRIMINAL JUSTICE TRAINING COMMISSION Monica A. Alexander, Executive Director 19010 1st Avenue South  Burien, WA 98148  Phone: 206-835-7300  www.cjtc.wa.gov TRAINING THE GUARDIANS OF DEMOCRACY INTERAGENCY AGREEMENT No. This agreement is made and entered into by and between the Renton Police Department, hereinafter referred to as the “Agency”, and the Washington State Criminal Justice Training Commission, hereinafter referred to as the "Commission". Whereas Donald Myers is employed by the Agency as an employee, holding the position of Officer therein; and Whereas the Commission, pursuant to Chapter 43.101.RCW, is empowered to provide programs and standards for the training of criminal justice personnel and in conjunction therewith may contract with individuals and agencies for the purpose of training; and Whereas the Commission desires to contract with the Agency for the full-time services of Donald Myers in administering, conducting, and presenting this state's Basic Law Enforcement Academy program; Now therefore, for and in consideration of the mutual promises set forth hereafter, the parties hereto mutually agree as follows: (1) Term This agreement shall commence on the 1st day of December, 2022 and terminate on the 30th day of November, 2025, subject to prior termination as provided herein and unless as extended by written mutual agreement of the parties hereto. (2) Duties of the Agency: The Agency shall provide the full-time services of Donald Myers to the Commission for the purpose of administering, conducting, and presenting the state's Basic Law Enforcement Academy program. Such services shall include, but not be limited to: (a) Providing classroom instruction in assigned subjects. (b) Creating written and practical exercises relating to classroom instruction. (c) Writing test material. (d) Researching/updating classroom instruction and teaching materials. (e) Tutoring/counseling academy attendees. (g) Grading exams. (h) Assisting and coordinating practical training exercises. (i) Suggesting revisions to academy programs and curriculum. (3) Consideration In consideration of those services provided under this agreement, the Commission shall reimburse to the Agency its full payment of salary to Donald Myers, including all benefits and all increases to said salary or benefits, during the period of Donald Myers’s service to the Commission herein under. The Commission AGENDA ITEM #7. c) Renton Police Department November 16, 2022 Page 2 shall pay said reimbursement amount upon submission by the Agency of a monthly invoice to the Commission at 19010 1st Ave South, Burien, WA 98148. (4) Agreements Outside of This Agreement This agreement contains the complete agreement between the parties and shall, as of the effective date hereof, supersede all agreements, either written or oral, between the parties. The parties agree that neither of them has made any representations with respect to the subject matter of this agreement or any representations, including the executing and delivery hereof, except such representations as are specifically set forth herein; and each of the parties hereto acknowledges that it has relied on its own judgment in entering into this agreement. (5) Modification No waiver or modification of this agreement or any covenants, conditions, or limitations herein contained shall be valid unless in writing and duly executed by the parties to be charged therewith; and no evidence of any waiver or modification shall be offered or received in evidence of any proceeding or litigation between the parties hereto arising out of or affecting this agreement, or the rights or obligations of the parties herein under, unless such waiver or modification is in writing duly executed as aforesaid; and the parties further agree that the provisions of this section may not be waived except as herein set forth. (6) Termination of Agreement This agreement may be terminated without cause at any time by mutual agreement of the parties hereto, or by either party after thirty-days (30) following the other party's receipt of a written intent to terminate. The parties retain the right to cancel this agreement upon ten (10) days written notice to the other party if either party fails to properly keep any of the provisions of this agreement. In the event of termination under this section, the Agency will be entitled to receive, to the date of such termination on a pro rata basis, the compensation as set forth in section (3) herein. (7) Operations To protect the health and safety of the staff and students of the Commission, contract instructors are required to submit to infectious disease testing when directed to do so by the Commission. Contractors must report the results to the Commission’s confidential appointee. Contractors agree to follow the health and safety protocols put in place by the Commission pre and post-test. Should Donald Myers not wish to follow operational directives, they will be immediately release from their contractual obligation. (8) Health and Safety To protect the health and integrity of the Commission, contract instructors understand the Commission maintains control over its operations and agree to submit to directions and protocols put in place in order to carry out its mission. Should Donald Myers not wish to follow operational directives, they will be immediately released from their contractual obligation. (9) Employment Obligations of Parties AGENDA ITEM #7. c) Renton Police Department November 16, 2022 Page 3 The Agency agrees to pay to Donald Myers the full salary and benefits, including all increases to said salary and benefits, accruing to him as an employee of the Agency during the period of his services herein under. Additionally, the Agency agrees to extend to Donald Myers all rights, privileges, and benefits attendant to and resulting from his employment by the Agency, including any and all promotional opportunities otherwise available to him. The Agency further agrees that upon completion and conclusion of Donald Myers’s service herein under, and in the absence of any promotion or upgrading in classification which has occurred during the duration of this agreement and in the absence of any disciplinary action taken during the duration of this agreement, he will be returned and reinstated to the Agency at the same or equal commissioned rank or position which he held on the beginning date of this agreement. The Commission agrees to complete all necessary evaluation and documentation regarding Donald Myers during the period of his service herein under and as required by the Agency. The Agency reserves the right to discipline Donald Myers for any violation of the Agency’s rules in the same manner as other Agency employees. The Commission additionally agrees to provide Donald Myers a work and learning experience and professional opportunities for career development and enrichment at no special cost or direct cost to the Agency. (10) Indemnification/Hold Harmless The Commission shall defend, indemnify and hold the Agency, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the negligent acts, errors or omissions of the Commission occurring (a) in performance of services reasonably related to this Agreement and (b) either at the request of or under the direction and control of the Commission, its agents or employees, except for injuries and damages caused by the negligence of the Agency, its officers, officials, employees and volunteers other than Donald Myers. The Commission agrees to defend, indemnify, and hold the Agency, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, or suits, arising out of the services provided by Donald Myers under the direction of the Commission, as described in Section 2 above. (11) Medical/Health and Workers' Compensation Benefits In the event of any injury to, or the illness or death of Donald Myers while acting in performance of this agreement, the Agency agrees to extend to Donald Myers medical / health and workers' compensation benefits and other compensation, to the same extent and in the same manner as if such injury, illness, or death had occurred during work assignment in and for the Agency. (12) Venue Stipulation This agreement shall be construed as having been made and delivered with the State of Washington, and the laws of the State of Washington shall be applicable to its construction and enforcement. Any action at law, suit in equity, or judicial proceeding for the enforcement of this agreement or any provision hereto shall be instituted in King County, Seattle, Washington. (13) Assignment AGENDA ITEM #7. c) Renton Police Department November 16, 2022 Page 4 Each party to this agreement stipulates that the agreement is one for personal services and accordingly neither party hereto may assign, sublet, or transfer any interest in this agreement. (14) Compliance with Laws The parties hereto agree to comply in carrying out the terms of this agreement with all applicable federal, state, and local laws, ordinances, and regulations, including but not necessarily limited to, the laws pertaining to civil rights and laws pertaining to the Commission and the Agency, including merit system rules. (15) Notices All notices given herein shall be in writing and shall be sent by registered mail to the parties at their recognized business addresses. (16) Headings The article headings contained in this agreement are inserted solely as a matter of convenience and for reference and in no way define, limit, or describe the scope or intent of the provisions of this agreement. IN WITNESS WHEREOF, the parties have affixed their signatures on the dates below. Washington State Criminal Justice Training Commission Renton Police Department, Washington Monica Alexander, Executive Director Date Jon Shuldt, Chief Date Criminal Justice Training Commission 19010 1st Avenue South Burien, Washington 98148 Renton Police Department 1055 S. Grady Way Renton, WA 98055 cc: Henry Gill, Basic Training Division Commander, WSCJTC Brian Elliott, Fiscal Manager, WSCJTC Dave Miller, Assistant Commander of Operations, WSCJTC Jerrell Wills, Deputy Director, WSCJTC Officer Donald Myers, Renton PD AGENDA ITEM #7. c) AB - 3240 City Council Regular Meeting - 21 Nov 2022 SUBJECT/TITLE: Interagency agreement between the Renton Police Department and the Washington Traffic Safety Commission RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Police Department STAFF CONTACT: Dan Figaro, Commander EXT.: 7506 FISCAL IMPACT SUMMARY: The grant reimburses the Renton Police Department for costs related to traffic emphasis patrols between October 1, 2022 and September 30, 2023, up to $17,000. Budget adjustment will be made in Q1 of 2023. SUMMARY OF ACTION: Receive funds from the Washington Traffic Safety Commission to conduct multi-jurisdictional, high visibility enforcement traffic safety emphasis patrols in support of Target Zero priorities of reducing traffic related deaths and serious injuries. EXHIBITS: A. Agreement STAFF RECOMMENDATION: Approve the agreement with the Washington Traffic Safety Commission to accept $17,000 for high visibility enforcement traffic safety emphasis patrols. AGENDA ITEM #7. d) Page 1 of 18 INTERAGENCY AGREEMENT BETWEEN THE Washington Traffic Safety Commission AND _________________________________ THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety Commission, hereinafter referred to as “WTSC,” and _________________________________, hereinafter referred to as “SUB-RECIPIENT.” In FFY2023, the Washington Traffic Safety Commission has delegated the management and oversight of this project to the Washington Association of Sheriffs and Police Chiefs (WASPC) by contractual agreement. WASPC will act as WTSC’s agent in the management and oversight of this project. WTSC will establish agreements with all participating agencies before transferring responsibility to WASPC. WTSC reserves the right to contact participating agencies regarding any elements of this contract. NOW THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the Parties mutually agree as follows: 1. PURPOSE OF THE AGREEMENT The purpose of this Agreement is to provide funding, provided by the United States Department of Transportation (USDOT) National Highway Traffic Safety Administration (NHTSA) and allowed under the Assistance Listings Catalog of Federal Domestic Assistance (CFDA) number 20.600 for traffic safety grant project 2023-HVE-4689-Region 7 & 8 Target Zero Task Force, specifically to provide funding for the law enforcement agencies in WTSC Region 7 & 8 to conduct straight time or overtime enforcement activities (traffic safety emphasis patrols) as outlined in the Statement of Work (SOW), in support of Target Zero priorities. The Target Zero Manager (TZM) and/or the Law Enforcement Liaison (LEL) shall coordinate the SOW with the SUB-RECIPIENT with the goal of reducing traffic crashes. Grant 2023-HVE-4689-Region 7 & 8 Target Zero Task Force was awarded to the Region 7 & 8 to support collaborative efforts to conduct HVE activities. By signing this agreement, the SUB- RECIPIENT can seek reimbursement for straight time or overtime for approved law enforcement activity expenses incurred as a participant in the region’s HVE grant. CAG-22-360 AGENDA ITEM #7. d) Page 2 of 18 2. PERIOD OF PERFORMANCE The period of performance of this Agreement shall commence upon the date of execution by both Parties, but not earlier than October 1, 2022, and remain in effect until September 30, 2023, unless terminated sooner, as provided herein. 3. SCOPE OF WORK Problem and Opportunity Statement The main causes of serious injury and fatality collisions on Washington’s roadways are driver impairment through drug and/or alcohol use, and distracted driving. In addition, nearly one in every three fatal crashes between 2016 and 2020 involved speeding as a contributing factor. Despite an increased seat belt use rate in 2021, the number of unrestrained fatalities and serious injuries have increased to the highest number since before 2010. Since 2019, unrestrained fatalities have increased over 30 percent and serious injuries have increased 58 percent. Motorcyclists also represent a high number of injured and killed because of unsafe and poorly trained riders and the challenges vehicle drivers face in observing motorcycles on the road. In 2020, Washington experienced a 40 percent reduction in proactive traffic safety enforcement across the state. Crash data from 2018 – 2022 (year to date for 2022) in Region 7 & 8 are in alignment with the strategic planning process at the regional June law enforcement committee meeting. Impairment and speed were the most common cause of serious injury and fatal crashes each year. The data in the table below show the number of fatal and serious injuries associated with impairment and speed are increasing over the past few years and are of great concern. Additionally, the number of fatal and serious injuries due to distraction and motorcycle safety remain elevated and require additional enforcement focus. Region 7 & 8 data (see table below) show the number of crashes involving unrestrained occupants for 2018 – 2022 (year to date for 2022) has been increasing over the past few years and requires additional enforcement efforts: AGENDA ITEM #7. d) Page 3 of 18 In Region 7 & 8, while most fatal and serious injury crashes are caused by impairment and speed, there are also high incidents of crashes caused by distraction and involving motorcycles and unrestrained occupants. Project Purpose and Strategy: This project will fund High Visibility Enforcement (HVE) and Traffic Safety Enforcement Program (TSEP) patrols to prevent impaired driving, distracted driving, seat belt use, speeding, and motorcycle safety. High Visibility Enforcement (HVE) and Traffic Safety Enforcement Program (TSEP) patrols are designed to create deterrence by increasing the expectation of a citation/fine/arrest. Officers may also remove high risk (impaired) drivers when encountered. So together, this countermeasure works by preventing dangerous driving behaviors and stopping those who still decide to engage in those behaviors. Funding and events will be organized by local TZMs, LELs, and their local Target Zero Task Force. Task forces will use local data and professional judgement to determine enforcement priorities for their jurisdictions and will schedule and plan enforcement and outreach activities. Regional participation in the following National Campaigns is mandatory: •Impaired driving enforcement during the Holiday DUI campaign (December 14, 2022 – January 1, 2023). •Distracted driving enforcement during the Distracted Driving campaign (April 3 – 10, 2023). •Seat belt enforcement during the Click It or Ticket campaign (May 15 – June 4, 2023). •Impaired driving enforcement during the Summer DUI campaign (August 16 – September 4, 2023). These patrols will also be coordinated with the Washington State Patrol (WSP). Target Zero Managers will establish or strengthen relationships with key WSP district personnel to improve interagency coordination with the WSP. Goal Prevent traffic crashes to reduce traffic related deaths and serious injuries through active, visible, consistent, and targeted traffic law enforcement. Law enforcement can have a profound effect on traffic safety and this project aims to increase participation to accomplish that. Requirements for National Mobilizations and Traffic Safety Enforcement Program (TSEP) 1.HVE events will be data informed; based on crash data, anecdotal evidence, and the professional judgement of task force members. WTSC strongly believes in the expertise of local officers to understand the highest priority areas in their communities to focus their efforts. AGENDA ITEM #7. d) Page 4 of 18 2. The SUB-RECIPIENT will ensure that all officers participating in these patrols are BAC certified and have received and passed the SFST refresher training. 3. SUB-RECIPIENT will ensure all officers participating in Impaired Driving patrols have also received Advanced Roadside Impaired Driving Enforcement (ARIDE) training. 4. SUB-RECIPIENT shall ensure all participating personnel will use the WEMS system provided by the WTSC to record all activities in digital activity logs conducted by their commissioned officers pursuant to the HVE events. Participating officers will fill out all applicable fields of the digital activity log and use the comments field to provide details on an irregularities, challenges or other details that would help explain what was encountered during their shift. SUB-RECIPIENT will also ensure all supervisors and fiscal staff have the ability to review and edit those activity logs. 5. Activity conducted outside of the quarterly task force operational plans will not be reimbursed. Project Intent and Best Practice 1. SUB-RECIPIENT is encouraged to help their Region Task Force fulfill the requirement to participate in the four mandatory National Campaigns. (Holiday DUI campaign in December 2022, Distracted Driving campaign in April 2023, Click It or Ticket campaign in May 2023, and Summer DUI campaign in August 2023). NOTE: Agencies must participate in speed or impaired driving enforcement under this agreement to be eligible to receive funding under the WASPC equipment grant. 2. SUB-RECIPIENT is strongly encouraged to participate in their task force to plan and execute enforcement events. 3. Regional task force will be submitting quarterly operational plans and SUB-RECIPIENT is encouraged to participate to the fullest extent possible. Quarterly operational plans are due October 15, December 15, March 15, and June 15. 4. Participating officers should maximize their contacts during their patrols so that their activity contributes to the goals of the event. 5. SUB-RECIPIENT should promote patrol events through all earned, owned and, if funded, paid media that is available so that the public is made aware of the event before, during, and after the enforcement takes place. It is a best practice to translate messages as needed and invite local media involvement in the effort to reach communities in which HVE will occur. 6. SUB-RECIPIENT should strive to actively enforce traffic safety laws focused on collision causing behaviors in priority areas throughout the year outside of HVE events. 7. When participating in motorcycle patrols SUB-RECIPIENT should focus on the illegal and unsafe driving actions of all motor vehicles interacting with motorcycles. This includes speeding, failure to yield to a motorcycle, following too closely to a motorcycle, distracted driving, etc. AGENDA ITEM #7. d) Page 5 of 18 8. When participating in motorcycle patrols SUB-RECIPIENT should ensure that enforcement will focus on the illegal and unsafe driving actions of motorcycles that are known to cause serious and fatal crashes. This includes impaired driving, speeding, and following too closely. 9. 1BMentorship for Impaired driving: The Task Force may engage a DUI mentorship program to train additional officers for DUI related activities. Best practice for DUI mentorship includes 16 hours of instructions to an officer wanting to engage further in DUI emphasis activities. Up to 16 hours of overtime or straight time will be approved to both mentor/mentees. The mentor should be a DRE when possible, or a highly effective DUI emphasis patrol officer with a minimum of ARIDE training. Mentor/mentee activities will be pre-approved by the TZM or LEL after the mentee submits their interest. 3.1. NATIONAL AND STATE-WIDE MOBILIZATIONS Not all agencies are required to participate in all of these, however the region has committed to participate as a region in all of these. Mobilization Dates Holiday DUI December 15, 2022 – January 1, 2023 U Drive. U Text. U Pay. April 3 – 10, 2023 Click It or Ticket May 15 – June 4, 2023 It’s a Fine Line (optional if funded) July 7 – 23, 2023 DUI Drive Sober or Get Pulled Over August 16 – September 4, 2023 3.2. COMPENSATION 3.2.1. Compensation for the straight time or overtime work provided in accordance with this Agreement has been established under the terms of RCW 39.34. The cost of accomplishing the work described in the SOW will not exceed dollar total from amounts listed below. Payment for satisfactory performance shall not exceed this amount unless the WTSC and SUB-RECIPIENT mutually agree to a higher amount in a written Amendment to this Agreement executed by both the WTSC and SUB-RECIPIENT. Comp-time is not considered overtime and will not be approved for payment. All law enforcement agencies who are active members of the Region’s traffic safety task force with a fully executed grant agreement are eligible to participate in this grant. 3.2.2. WTSC will reimburse for personnel straight time or overtime expenses at 150 percent of the officer’s normal salary rate plus SUB-RECIPIENT’s contributions to employee benefits, limited to the following: 10. FICA AGENDA ITEM #7. d) Page 6 of 18 11. Medicare 12. Any portion of L & I that is paid by the employer (SUB-RECIPIENT) 13. Retirement contributions paid by the employer (SUB-RECIPIENT) can be included if the contribution is based on a percentage of their hours worked Health insurance, or any other benefits not listed above, are not eligible for reimbursement. The SUB-RECIPIENT will provide law enforcement officers with appropriate equipment (e.g., vehicles, radars, portable breath testers, etc.) to participate in the emphasis patrols. 3.2.3. Funding alterations are permitted as follows: Upon agreement by the regional TZM and all other parties impacted by a proposed budget alteration, the budget category amounts may be increased or decreased without amending this agreement, so long as the total grant award amount does not increase. HVE grant funds should be managed collaboratively by the SUB- RECIPIENT and the TZM. These alterations must be requested through email communication between the regional TZM and assigned WTSC Program Manager. This communication shall include details of the requested budget modifications and a description of why these changes are needed. The TZM will also send an updated quarterly Operations Plan to the WASPC representative monitoring the project if the budget modification will result in changes to the previously submitted plan. 3.2.4. These funds, designated for salaries and benefits, are intended to pay for the hourly straight time or overtime costs and proportional amounts of fringe benefits of commissioned staff pursuing the activities described in the statement of work. These funds may not be used for any other purpose for example any work required to maintain a law enforcement commission including recertification trainings like firearm qualification. 3.2.5. Dispatch: WTSC will reimburse communications officers/dispatch personnel for work on this project providing SUB-RECIPIENT has received prior approval from their region’s TZM. This activity must be overtime and only the expenses listed in section 3.2 and its subsections will be reimbursed. 3.2.6. Transport Officers: WTSC will reimburse transport officers for their work on this project providing SUB-RECIPIENT has received approval from their regions TZM. The TZM will work with the regional LEL to determine if need is warranted for the type of HVE activity. This activity must be overtime and only the expenses listed in section 3.2 and its subsections will be reimbursed. 3.2.7. The law enforcement agency involved will not schedule individual officer overtime shifts for longer than eight hours. WTSC understands there may be instances when more than eight hours are billed due to DUI processing or other reasons and an explanation should be provided on the WEMS Officer Activity Log. AGENDA ITEM #7. d) Page 7 of 18 3.2.8. The law enforcement agency involved will ensure that any reserve officer for whom reimbursement is claimed has exceeded his/her normal weekly working hours when participating in an emphasis patrol and is authorized to be paid at the amount requested. Reserve officers may only be paid at the normal hourly rate and not at the 150 percent overtime rate. 3.3. SUMMARY OF PROJECT COSTS The WTSC has awarded $270,000 to the Region 7 & 8 Traffic Safety Task Force for the purpose of conducting coordinated overtime HVE activities. By signing this agreement, the SUB- RECIPIENT can seek reimbursement for approved straight time or overtime expenses incurred as a participant in this grant. All activity must be coordinated by the region’s traffic safety task force and TZM to be eligible for reimbursement. The funding (Section 402, CFDA 20.600) for Region 7 & 8 is as follows: EMPHASIS PATROL Impaired Driving Patrols $105,300 Distracted Driving Patrols $46,800 Click It or Ticket $28,800 Speed $64,800 Motorcycle Safety $24,300 TOTAL $270,000 APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS: 4. ACTIVITY REPORTS The SUB-RECIPIENT agrees to have all personnel who work HVE patrols submit a WEMS Officer Activity Log within 24 hours of the end of all shifts worked. These same logs will be associated with invoices as detailed in the “BILLING PROCEDURE” section. Use of the Officer Activity Log in the WTSC’s online grant management system, WEMS, is required. Supervisor review and accuracy certification will also be done in WEMS. 5. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall be made by the WTSC. AGENDA ITEM #7. d) Page 8 of 18 6.AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the Parties in the form of a written request to amend this Agreement. Such amendments shall only be binding if they are in writing and signed by personnel authorized to bind each of the Parties. Changes to the budget, SUB- RECIPIENT’S Primary Contact, and WTSC Program Manager can be made through email communication and signatures are not required. 7. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. 8. ASSIGNMENT The SUB-RECIPIENT may not assign the work to be provided under this Agreement, in whole or in part, without the express prior written consent of the WTSC, which consent shall not be unreasonably withheld. The SUB-RECIPIENT shall provide the WTSC a copy of all third-party contracts and agreements entered into for purposes of fulfilling the SOW. Such third-party contracts and agreements must follow applicable federal, state, and local law, including but not limited to procurement law, rules, and procedures. If any of the funds provided under this Agreement include funds from NHTSA, such third-party contracts and agreements must include the federal provisions set forth in this Agreement in sections 34 through 42. 9. ATTORNEYS’ FEES In the event of litigation or other action brought to enforce the Agreement terms, each Party agrees to bear its own attorney fees and costs. 10. BILLING PROCEDURE All invoices for reimbursement of HVE activities will be done using the WTSC’s grant management system, WEMS. WEMS Officer Activity logs will be attached to invoices, directly linking the cost of the activity to the invoice. Because the activity, approval, and invoicing are all done within WEMS, no back up documentation is required in most cases. Once submitted by the SUB-RECIPIENT, invoices are routed to the regional TZM for review and approval. The TZM will submit all approved invoices to the WTSC via WEMS within 10 days of receipt. Payment to the SUB-RECIPIENT for approved and completed work will be made by warrant or account transfer by WTSC within 30 days of receipt of such properly documented invoices acceptable to WTSC. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 45 days after the expiration date of this Agreement. All invoices for goods received or services performed on or prior to June 30, 2023, must be received by WTSC no later than August 10, 2023. All invoices for goods received or services performed between July 1, 2023 and September 30, 2023, must be received by WTSC no later than November 15, 2023. AGENDA ITEM #7. d) Page 9 of 18 11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION The SUB-RECIPIENT shall not use or disclose any information concerning the WTSC, or information which may be classified as confidential, for any purpose not directly connected with the administration of this Agreement, except with prior written consent of the WTSC, or as may be required by law. 12. COST PRINCIPLES Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E. 13. COVENANT AGAINST CONTINGENT FEES The SUB-RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission, brokerage, or contingent fee to solicit or secure this Agreement or to obtain approval of any application for federal financial assistance for this Agreement. The WTSC shall have the right, in the event of breach of this section by the SUB-RECIPIENT, to annul this Agreement without liability. 14. DISPUTES 14.1. Disputes arising in the performance of this Agreement, which are not resolved by agreement of the Parties, shall be decided in writing by the WTSC Deputy Director or designee. This decision shall be final and conclusive, unless within 10 days from the date of the SUB- RECIPIENT’s receipt of WTSC’s written decision, the SUB-RECIPIENT furnishes a written appeal to the WTSC Director. The SUB-RECIPIENT’s appeal shall be decided in writing by the Director or designee within 30 days of receipt of the appeal by the Director. The decision shall be binding upon the SUB-RECIPIENT and the SUB-RECIPIENT shall abide by the decision. 14.2. Performance During Dispute. Unless otherwise directed by WTSC, the SUB-RECIPIENT shall continue performance under this Agreement while matters in dispute are being resolved. 15. GOVERNANCE 15.1. This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. 15.2. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: 15.2.1. Applicable federal and state statutes and rules 15.2.2. Terms and Conditions of this Agreement 15.2.3. Any Amendment executed under this Agreement 15.2.4. Any SOW executed under this Agreement 15.2.5. Any other provisions of the Agreement, including materials incorporated by reference 16. INCOME Any income earned by the SUB-RECIPIENT from the conduct of the SOW (e.g., sale of AGENDA ITEM #7. d) Page 10 of 18 publications, registration fees, or service charges) must be accounted for, and that income must be applied to project purposes or used to reduce project costs. 17. INDEMNIFICATION 17.1. To the fullest extent permitted by law, the SUB-RECIPIENT shall indemnify and hold harmless the WTSC, its officers, employees, and agents, and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs of whatsoever kind (“claims”) brought against WTSC arising out of or in connection with this Agreement and/or the SUB-RECIPIENT’s performance or failure to perform any aspect of the Agreement. This indemnity provision applies to all claims against WTSC, its officers, employees, and agents arising out of, in connection with, or incident to the acts or omissions of the SUB-RECIPIENT, its officers, employees, agents, contractors, and subcontractors. Provided, however, that nothing herein shall require the SUB-RECIPIENT to indemnify and hold harmless or defend the WTSC, its agents, employees, or officers to the extent that claims are caused by the negligent acts or omissions of the WTSC, its officers, employees or agents; and provided further that if such claims result from the concurrent negligence of (a) the SUB-RECIPIENT, its officers, employees, agents, contractors, or subcontractors, and (b) the WTSC, its officers, employees, or agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of the SUB-RECIPIENT, its officers, employees, agents, contractors, or subcontractors. 17.2. The SUB-RECIPIENT waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold harmless the WTSC, its officers, employees, or agents. 17.3. The indemnification and hold harmless provision shall survive termination of this Agreement. 18. INDEPENDENT CAPACITY The employees or agents of each Party who are engaged in the performance of this Agreement shall continue to be employees or agents of that Party and shall not be considered for any purpose to be employees or agents of the other Party. 19. INSURANCE COVERAGE 19.1. The SUB-RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if required by law. 19.2. If the SUB-RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prior to the start of any performance of work under this Agreement, the SUB-RECIPIENT shall provide WTSC with proof of insurance coverage (e.g., vehicle liability insurance, private property liability insurance, or commercial property liability insurance), as determined appropriate by WTSC, which protects the SUB-RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement. 20. LICENSING, ACCREDITATION, AND REGISTRATION The SUB-RECIPIENT shall comply with all applicable local, state, and federal licensing, AGENDA ITEM #7. d) Page 11 of 18 accreditation, and registration requirements and standards necessary for the performance of this Agreement. The SUB-RECIPIENT shall complete registration with the Washington State Department of Revenue, if required, and be responsible for payment of all taxes due on payments made under this Agreement. 21. RECORDS MAINTENANCE 21.1. During the term of this Agreement and for six years thereafter, the SUB-RECIPIENT shall maintain books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect costs expended in the performance of the services described herein. These records shall be subject to inspection, review, or audit by authorized personnel of the WTSC, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration. The Office of the State Auditor, federal auditors, the WTSC, and any duly authorized representatives shall have full access and the right to examine any of these materials during this period. 21.2. Records and other documents, in any medium, furnished by one Party to this Agreement to the other Party, will remain the property of the furnishing Party, unless otherwise agreed. The receiving Party will not disclose or make available this material to any third Parties without first giving notice to the furnishing Party and giving them a reasonable opportunity to respond. Each Party will utilize reasonable security procedures and protections to assure that records and documents provided by the other Party are not erroneously disclosed to third Parties. 22. RIGHT OF INSPECTION The SUB-RECIPIENT shall provide right of access to its facilities to the WTSC or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. The SUB-RECIPIENT shall make available information necessary for WTSC to comply with the right to access, amend, and receive an accounting of disclosures of their Personal Information according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The SUB-RECIPIENT shall upon request make available to the WTSC and the United States Secretary of the Department of Health and Human Services all internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this Agreement. 23. RIGHTS IN DATA 23.1. WTSC and SUB-RECIPIENT agree that all data and work products (collectively called “Work Product”) pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright Act, 17 USC §101 et seq., and shall be owned by the state of Washington. Work Product includes, but is not limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies, computer programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, and/or databases to the extent provided by law. AGENDA ITEM #7. d) Page 12 of 18 Ownership includes the right to copyright, register the copyright, distribute, prepare derivative works, publicly perform, publicly display, and the ability to otherwise use and transfer these rights. 23.2. If for any reason the Work Product would not be considered a work made for hire under applicable law, the SUB-RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all rights in the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. 23.3. The SUB-RECIPIENT may publish, at its own expense, the results of project activities without prior review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by NHTSA and the WTSC. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine through NHTSA whether patent protections will be sought, how any rights will be administered, and other actions required to protect the public interest. 24. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to completion of the SOW under this Agreement, the WTSC may terminate the Agreement under the "TERMINATION FOR CONVENIENCE" clause, without the 30-day notice requirement. The Agreement is subject to renegotiation at the WTSC’s discretion under any new funding limitations or conditions. 25. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 26. SITE SECURITY While on WTSC premises, the SUB-RECIPIENT, its agents, employees, or sub-contractors shall conform in all respects with all WTSC physical, fire, or other security policies and applicable regulations. 27. TAXES All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such expenses for the SUB-RECIPIENT or its staff shall be the sole responsibility of the SUB-RECIPIENT. 28. TERMINATION FOR CAUSE If the SUB-RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement or violates any of these terms and conditions, the WTSC will give the SUB-RECIPIENT written notice of such failure or violation and may terminate this Agreement immediately. At the WTSC’s discretion, the SUB-RECIPIENT may be given 15 days to correct the violation or AGENDA ITEM #7. d) Page 13 of 18 failure. If the SUB-RECIPIENT is given the opportunity to correct the violation and the violation is not corrected within the 15-day period, this Agreement may be terminated at the end of that period by written notice of the WTSC. 29. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement, either Party may terminate this Agreement, without cause or reason, with 30 days written notice to the other Party. If this Agreement is so terminated, the WTSC shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. 30. TREATMENT OF ASSETS 30.1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property furnished by the SUB-RECIPIENT for the cost of which the SUB-RECIPIENT is entitled to be reimbursed as a direct item of cost under this Agreement shall pass to and vest in the WTSC upon delivery of such property by the SUB-RECIPIENT. Title to other property, the cost of which is reimbursable to the SUB-RECIPIENT under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such property in the performance of this Agreement, or (ii) commencement of use of such property in the performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in whole or in part, whichever first occurs. 30.2. Any property of the WTSC furnished to the SUB-RECIPIENT shall, unless otherwise provided herein or approved by the WTSC, be used only for the performance of this Agreement. 30.3. The SUB-RECIPIENT shall be responsible for any loss or damage to property of the WTSC which results from the negligence of the SUB-RECIPIENT, or which results from the failure on the part of the SUB-RECIPIENT to maintain and administer that property in accordance with sound management practices. 30.4. If any WTSC property is lost, destroyed, or damaged, the SUB-RECIPIENT shall immediately notify the WTSC and shall take all reasonable steps to protect the property from further damage. 30.5. The SUB-RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion, termination, or cancellation of this Agreement. 30.6. All reference to the SUB-RECIPIENT under this clause shall also include SUB-RECIPIENT's employees, agents, or sub-contractors. 31. WAIVER A failure by either Party to exercise its rights under this Agreement shall not preclude that Party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement. APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 CFR PART 1300 APPENDIX A): AGENDA ITEM #7. d) Page 14 of 18 32.BUY AMERICA ACT The SUB-RECIPIENT will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using federal funds. Buy America requires the SUB-RECIPIENT to purchase only steel, iron, and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use federal funds to purchase foreign produced items, the WTSC must submit a waiver request that provides an adequate basis and justification, and which is approved by the Secretary of Transportation. 33. DEBARMENT AND SUSPENSION Instructions for Lower Tier Certification 33.1. By signing this Agreement, the SUB-RECIPIENT (hereinafter in this section referred to as the “lower tier participant”) is providing the certification set out below and agrees to comply with the requirements of 2 CFR part 180 and 23 CFR part 1300. 33.2. The certification in this section is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 33.3. The lower tier participant shall provide immediate written notice to the WTSC if at any time the lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 33.4. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Covered Transactions sections of 2 CFR part 180. 33.5. The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by NHTSA. 33.6. The lower tier participant further agrees by signing this Agreement that it will include the clause titled “Instructions for Lower Tier Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions, and will require lower tier participants to comply with 2 CFR part 180 and 23 CFR part 1300. AGENDA ITEM #7. d) Page 15 of 18 33.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non-procurement Programs. 33.8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 33.9. Except for transactions authorized under paragraph 35.5. of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, the department or agency with which this transaction originated may disallow costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, or take other remedies as appropriate. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions 33.10. The lower tier participant certifies, by signing this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 33.11. Where the lower tier participant is unable to certify to any of the statements in this certification, such participant shall attach an explanation to this Agreement. 34. THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) 34.1. The SUB-RECIPIENT shall: 34.1.1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and shall specify the actions that will be taken against employees for violation of such prohibition. 34.1.2. Establish a drug-free awareness program to inform employees about the dangers of drug abuse in the workplace; the SUB-RECIPIENT’s policy of maintaining a drug-free workplace; any available drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon employees for drug violations occurring in the workplace. 34.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph 36.1.1. of this section. AGENDA ITEM #7. d) Page 16 of 18 34.1.4. Notify the employee in the statement required by paragraph 36.1.1. of this section that, as a condition of employment under the grant, the employee will abide by the terms of the statement, notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction, and notify the WTSC within 10 days after receiving notice from an employee or otherwise receiving actual notice of such conviction. 34.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 36.1.3. of this section, with respect to any employee who is so convicted: take appropriate personnel action against such an employee, up to and including termination, and/or require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. 34.1.6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above. 35. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) In accordance with FFATA, the SUB-RECIPIENT shall, upon request, provide WTSC the names and total compensation of the five most highly compensated officers of the entity, if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in federal awards, received $25,000,000 or more in annual gross revenues from federal awards, and if the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986. 36. FEDERAL LOBBYING 36.1. The undersigned certifies, to the best of his or her knowledge and belief, that: 36.1.1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 36.1.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. AGENDA ITEM #7. d) Page 17 of 18 36.1.3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including sub-contracts, sub-grants, and contracts under grant, loans, and cooperative agreements), and that all sub-recipients shall certify and disclose accordingly. 36.2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 37. NONDISCRIMINATION (Title VI, 42 U.S.C. § 2000d et seq.) 37.1. During the performance of this Agreement, the SUB-RECIPIENT agrees: 37.1.1. To comply with all federal nondiscrimination laws and regulations, as may be amended from time to time. 37.1.2. Not to participate directly or indirectly in the discrimination prohibited by any federal non-discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 21 and herein. 37.1.3. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the WTSC, USDOT, or NHTSA. 37.1.4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/funding Agreement, the WTSC will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies, and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part. 37.1.5. To insert this clause, including all paragraphs, in every sub-contract and sub-agreement and in every solicitation for a sub-contract or sub-agreement that receives federal funds under this program. 38. POLITICAL ACTIVITY (HATCH ACT) The SUB-RECIPIENT will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 39. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE The SUB-RECIPIENT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. This Agreement does not include any aspects or elements of helmet usage or checkpoints, and so fully complies with this requirement. AGENDA ITEM #7. d) Page 18 of 18 40. STATE LOBBYING None of the funds under this Agreement will be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official whose salary is supported with NHTSA funds from engaging in direct communications with state or local legislative officials, in accordance with customary state practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. 41. DESIGNATED CONTACTS The following named individuals will serve as designated contacts for each of the Parties for all communications, notices, and reimbursement regarding this Agreement: 42. AUTHORITY TO SIGN The undersigned acknowledges that they are authorized to execute this Agreement and bind their respective agencies or entities to the obligation set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement. ________________________________________ Signature ________________________________________ Printed Name _______________________________________ Jason A. Seth, City Clerk ________________________________________ Date WASHINGTON TRAFFIC SAFETY COMMISSION ________________________________________ Signature ________________________________________ Printed Name ________________________________________ Title ________________________________________ Date The Contact for the SUB- RECIPIENT is: The Target Zero Manager for Region 7 & 8 is: The Contact for WTSC is: Region 7 Target Zero Manager Rebecca Lis 206-477-5085 rlis@kingcounty.gov Region 8 Target Zero Manager Sara Wood 253-856-5856 swood@kentwa.gov Jerry Noviello WTSC Program Manager jnoviello@wtsc.wa.gov 360-725-9897 Mayor Armondo Pavone ATTEST: AGENDA ITEM #7. d) AB - 3242 City Council Regular Meeting - 21 Nov 2022 SUBJECT/TITLE: Agreement with Graham Baba Architects for Design Services RECOMMENDED ACTION: Refer to Finance Committee DEPARTMENT: Public Works Facilities Division STAFF CONTACT: Russ Woodruff, Capital Project Coordinator EXT.: 206.556.5026 FISCAL IMPACT SUMMARY: Funding for this agreement in the amount of $106,862.00 is available from the approved 2022 budget. There is sufficient funding in the budget to cover the agreement SUMMARY OF ACTION: Graham Baba Architects (GBA) was selected as the most qualified firm to undertake the concept review of the interior renovation of the downtown Pavilion building. GBA has performed similar services for public and private entities throughout the Puget Sound region and elsewhere in the State of Washington. They will utilize information from the City, partners, and others as well as draw upon other similar projects as they formulate and develop three different concepts for the facility including estimated cons truction costs. EXHIBITS: A. Professional Services Agreement STAFF RECOMMENDATION: Authorize the Mayor to execute agreement with Graham Baba Architects in the amount of $106,862.00 for design services for the downtown Pavilion project. AGENDA ITEM #7. e)     AGREEMENT FOR CONCEPTUAL REDEVELOPEMENT STUDY AND  DESIGN       THIS AGREEMENT, dated for reference purposes only as October 11, 2023, is by and between  the City of Renton (the “City”), a Washington municipal corporation, and GRAHAM BABA  ARCHITECTS PLLC (“Consultant”), a Washington Professional Liability Company. The City and the  Consultant are referred to collectively in this Agreement as the “Parties.” Once fully executed by  the Parties, this Agreement is effective as of the last date signed by both parties.    1. Scope of Work: Consultant agrees to provide the Conceptual Redevelopment study and  design of the existing Renton Pavilion in downtown Renton as specified in Exhibit A, which is  attached and incorporated herein and may hereinafter be referred to as the “Work.”     2. Changes in Scope of Work: The City, without invalidating this Agreement, may order  changes to the Work consisting of additions, deletions or modifications Any such changes  to the Work shall be ordered by the City in writing and the Compensation shall be  equitably adjusted consistent with the rates set forth in Exhibit A or as otherwise mutually  agreed by the Parties.    3. Time of Performance: Consultant shall commence performance of the Agreement  pursuant to the schedule(s) set forth in Exhibit A. All Work shall be performed by no later  than June 30, 2023    4. Compensation:    A. Amount. Total compensation to Consultant for Work provided pursuant to this  Agreement shall not exceed $106, 862.00 plus any applicable state and local sales  taxes. Compensation shall be paid based upon Work actually performed according to  the rate(s) or amounts specified in Exhibit A. The Consultant agrees that any hourly or  flat rate charged by it for its Work shall remain locked at the negotiated rate(s) unless  otherwise agreed to in writing or provided in Exhibit A. Except as specifically provided  herein, the Consultant shall be solely responsible for payment of any taxes imposed  as a result of the performance and payment of this Agreement.    B. Method of Payment. On a monthly or no less than quarterly basis during any quarter  in which Work is performed, the Consultant shall submit a voucher or invoice in a form  specified by the City, including a description of what Work has been performed, the  AGENDA ITEM #7. e)   PAGE 2 OF 10    name of the personnel performing such Work, and any hourly labor charge rate for  such personnel. The Consultant shall also submit a final bill upon completion of all  Work. Payment shall be made by the City for Work performed within thirty (30)  calendar days after receipt and approval by the appropriate City representative of the  voucher or invoice. If the Consultant’s performance does not meet the requirements  of this Agreement, the Consultant will correct or modify its performance to comply  with the Agreement. The City may withhold payment for work that does not meet the  requirements of this Agreement.    C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by  the City of any remedies it may have against the Consultant for failure of the  Consultant to perform the Work or for any breach of this Agreement by the  Consultant.     D. Non‐Appropriation of Funds. If sufficient funds are not appropriated or allocated for  payment under this Agreement for any future fiscal period, the City shall not be  obligated to make payments for Work or amounts incurred after the end of the  current fiscal period, and this Agreement will terminate upon the completion of all  remaining Work for which funds are allocated.  No penalty or expense shall accrue to  the City in the event this provision applies.    5. Termination:  A. The City reserves the right to terminate this Agreement at any time, with or without  cause by giving ten (10) calendar days’ notice to the Consultant in writing. In the event  of such termination or suspension, all finished or unfinished documents, data, studies,  worksheets, models and reports, or other material prepared by the Consultant  pursuant to this Agreement shall be submitted to the City, if any are required as part  of the Work.      B. In the event this Agreement is terminated by the City, the Consultant shall be entitled  to payment for all hours worked to the effective date of termination, less all payments  previously made. If the Agreement is terminated by the City after partial performance  of Work for which the agreed compensation is a fixed fee, the City shall pay the  Consultant an equitable share of the fixed fee. This provision shall not prevent the  City from seeking any legal remedies it may have for the violation or nonperformance  of any of the provisions of this Agreement and such charges due to the City shall be  deducted from the final payment due the Consultant. No payment shall be made by  the City for any expenses incurred or work done following the effective date of  termination unless authorized in advance in writing by the City.    6. Warranties Standard of Care And Right To Use Work Product: Consultant represents and  warrants that Consultant will perform all Work identified in this Agreement in a  AGENDA ITEM #7. e)   PAGE 3 OF 10    professional and workmanlike manner and in accordance with all reasonable and  professional standards and laws. Compliance with professional standards includes, as  applicable, performing the Work in compliance with applicable City standards or  guidelines (e.g. design criteria and Standard Plans for Road, Bridge and Municipal  Construction). Professional engineers shall certify engineering plans, specifications, plats,  and reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and  warrants that all final work product created for and delivered to the City pursuant to this  Agreement shall be the original work of the Consultant and free from any intellectual  property encumbrance which would restrict the City from using the work product.  Consultant grants to the City a non‐exclusive, perpetual right and license to use,  reproduce, distribute, adapt, modify, and display all final work product produced  pursuant to this Agreement. The City’s or other’s adaptation, modification or use of the  final work products other than for the purposes of this Agreement shall be without  liability to the Consultant. The City’s use of the work products created by the Consultant  on any other project or for any purpose following termination of this Agreement when  the Consultant is not in default or following final completion of the Consultant’s Work  shall be at the City’s risk and without liability on the part of the Consultant.  The provisions  of this section shall survive the expiration or termination of this Agreement.    7. Record Maintenance: The Consultant shall maintain accounts and records, which  properly reflect all direct and indirect costs expended and Work provided in the  performance of this Agreement and retain such records for as long as may be required by  applicable Washington State records retention laws, but in any event no less than six  years after the termination of this Agreement. The Consultant agrees to provide access  to and copies of any records related to this Agreement as required by the City to audit  expenditures and charges and/or to comply with the Washington State Public Records Act  (Chapter 42.56 RCW). The provisions of this section shall survive the expiration or  termination of this Agreement.    8. Public Records Compliance: To the full extent the City determines necessary to comply  with the Washington State Public Records Act, Consultant shall make a due diligent search  of all records in its possession or control relating to this Agreement and the Work,  including, but not limited to, e‐mail, correspondence, notes, saved telephone messages  recordings photos, or drawings and provide them to the City for production. In the event  Consultant believes said records need to be protected from disclosure, it may, at  Consultant’s own expense, seek judicial protection. Consultant shall indemnify, defend,  and hold harmless the City for all costs, including attorneys’ fees, attendant to any claim  or litigation related to a Public Records Act request for which Consultant has responsive  records and for which Consultant has withheld records or information contained therein,  or not provided them to the City in a timely manner. Consultant shall produce for  distribution any and all records responsive to the Public Records Act request in a timely  AGENDA ITEM #7. e)   PAGE 4 OF 10    manner, unless those records are protected by court order. The provisions of this section  shall survive the expiration or termination of this Agreement.    9. Independent Contractor Relationship:  A. The Consultant is retained by the City only for the purposes and to the extent set forth  in this Agreement. The nature of the relationship between the Consultant and the City  during the period of the Work shall be that of an independent contractor, not  employee. The Consultant, not the City, shall have the power to control and direct the  details, manner or means of Work. Specifically, but not by means of limitation, the  Consultant shall have no obligation to work any particular hours or particular  schedule, unless otherwise indicated in the Scope of Work or where scheduling of  attendance or performance is mutually arranged due to the nature of the Work.  Consultant shall retain the right to designate the means of performing the Work  covered by this agreement, and the Consultant shall be entitled to employ other  workers at such compensation and such other conditions as it may deem proper,  provided, however, that any contract so made by the Consultant is to be paid by it  alone, and that employing such workers, it is acting individually and not as an agent  for the City.    B. The City shall not be responsible for withholding or otherwise deducting federal  income tax or Social Security or contributing to the State Industrial Insurance  Program, or otherwise assuming the duties of an employer with respect to Consultant  or any employee of the Consultant.    C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the  Consultant agrees to notify the City and complete any required form if the Consultant  retired under a State of Washington retirement system and agrees to indemnify any  losses the City may sustain through the Consultant’s failure to do so.    10. Hold Harmless:  The Consultant agrees to release, indemnify, defend, and hold harmless  the City, elected officials, employees, officers, representatives, and volunteers from any  and all claims, demands, actions, suits, causes of action, arbitrations, mediations,  proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees,  penalties, expenses, attorney’s or attorneys’ fees, costs, and/or litigation expenses to or  by any and all persons or entities, arising from, resulting from, or related to the negligent  acts, errors or omissions of the Consultant in its performance of this Agreement or a  breach of this Agreement by Consultant, except for that portion of the claims caused by  the City’s sole negligence.    Should a court of competent jurisdiction determine that this agreement is subject to RCW  4.24.115, (Validity of agreement to indemnify against liability for negligence relative to  construction, alteration, improvement, etc., of structure or improvement attached to real  AGENDA ITEM #7. e)   PAGE 5 OF 10    estate…) then, in the event of liability for damages arising out of bodily injury to persons  or damages to property caused by or resulting from the concurrent negligence of the  Consultant and the City, its officers, officials, employees and volunteers, Consultant’s  liability shall be only to the extent of Consultant’s negligence.    It is further specifically and expressly understood that the indemnification provided in  this Agreement constitute Consultant’s waiver of immunity under the Industrial  Insurance Act, RCW Title 51, solely for the purposes of this indemnification and solely as  to the City. The Parties have mutually negotiated and agreed to this waiver. The  provisions of this section shall survive the expiration or termination of this Agreement.    11. Gifts and Conflicts: The City’s Code of Ethics and Washington State law prohibit City  employees from soliciting, accepting, or receiving any gift, gratuity or favor from any  person, firm or corporation involved in a contract or transaction. To ensure compliance  with the City’s Code of Ethics and state law, the Consultant shall not give a gift of any kind  to City employees or officials. Consultant also confirms that Consultant does not have a  business interest or a close family relationship with any City officer or employee who was,  is, or will be involved in selecting the Consultant, negotiating or administering this  Agreement, or evaluating the Consultant’s performance of the Work.    12. City of Renton Business License: Unless exempted by the Renton Municipal Code, the  Consultant shall obtain a City of Renton Business License prior to performing any Work  and maintain the business license in good standing throughout the term of this  agreement with the Cit    Information regarding acquiring a city business license can be found at:   https://www.rentonwa.gov/Tax    Information regarding State business licensing requirements can be found at:  https://dor.wa.gov/doing‐business/register‐my‐business     13. Insurance: Consultant shall secure and maintain:  A. Commercial general liability insurance in the minimum amounts of $1,000,000 for  each occurrence/$2,000,000 aggregate for the Term of this Agreement.    B. In the event that Work delivered pursuant to this Agreement either directly or  indirectly involve or require Professional Services, Professional Liability, Errors and  Omissions coverage shall be provided with minimum limits of $1,000,000 per  occurrence claim and annual aggregate. "Professional Services", for the  purpose of  this section, shall mean any Work provided by a licensed professional or Work that  requires a professional standard of care.    AGENDA ITEM #7. e)   PAGE 6 OF 10    C. Workers’ compensation coverage, as required by the Industrial Insurance laws of the  State of Washington, shall also be secured.    D. Commercial Automobile Liability for owned, leased, hired or non‐owned, leased, hired  or non‐owned, with minimum limits of $1,000,000 per occurrence combined single  limit, if there will be any use of Consultant’s vehicles on the City’s Premises by or on  behalf of the City, beyond normal commutes.    E. Consultant shall name the City as an Additional Insured on its commercial general  liability policy on a non‐contributory primary basis. The City’s insurance policies shall  not be a source for payment of any Consultant liability, nor shall the maintenance of  any insurance required by this Agreement be construed to limit the liability of  Consultant to the coverage provided by such insurance or otherwise limit the City’s  recourse to any remedy available at law or in equity.    F. Subject to the City’s review and acceptance, a certificate of insurance showing the  proper endorsements, shall be delivered to the City before performing the Work.    G. Consultant shall provide the City with written notice of any policy cancellation, within  two (2) business days of their receipt of such notice.    14. Delays: Consultant is not responsible for delays caused by factors beyond the  Consultant’s reasonable control. When such delays beyond the Consultant’s reasonable  control occur, the City agrees the Consultant is not responsible for damages, nor shall the  Consultant be deemed to be in default of the Agreement.    15. Successors and Assigns: Neither the City nor the Consultant shall assign, transfer or  encumber any rights, duties or interests accruing from this Agreement without the  written consent of the other.    16. Notices: Any notice required under this Agreement will be in writing, addressed to the  appropriate party at the address which appears below (as modified in writing from time  to time by such party), and given personally, by registered or certified mail, return receipt  requested, by facsimile or by nationally recognized overnight courier service. Time period  for notices shall be deemed to have commenced upon the date of receipt, EXCEPT  facsimile delivery will be deemed to have commenced on the first business day following  transmission. Email and telephone may be used for purposes of administering the  Agreement, but should not be used to give any formal notice required by the Agreement.                AGENDA ITEM #7. e)   PAGE 7 OF 10    CITY OF RENTON    Russ Woodruff  1055 South Grady Way  Renton, WA 98057  Phone: (206) 556‐5026  rwoodruff@rentonwa.gov  CONSULTANT    Brian M. Jonas  1507 Belmont Avenue, Suite 200  Seattle, WA 98122  Phone: (206) 323‐9932  brian@grahambaba.com     17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational  qualification, the Consultant agrees as follows:  A. Consultant, and Consultant’s agents, employees, representatives, and volunteers  with regard to the Work performed or to be performed under this Agreement, shall  not discriminate on the basis of race, color, sex, religion, nationality, creed, marital  status, sexual orientation or preference, age (except minimum age and retirement  provisions), honorably discharged veteran or military status, or the presence of any  sensory, mental or physical handicap, unless based upon a bona fide occupational  qualification in relationship to hiring and employment, in employment or application  for employment, the administration of the delivery of Work or any other benefits  under this Agreement, or procurement of materials or supplies.    B. The Consultant will take affirmative action to insure that applicants are employed and  that employees are treated during employment without regard to their race, creed,  color, national origin, sex, age, sexual orientation, physical, sensory or mental  handicaps, or marital status. Such action shall include, but not be limited to the  following employment, upgrading, demotion or transfer, recruitment or recruitment  advertising, layoff or termination, rates of pay or other forms of compensation and  selection for training.    C. If the Consultant fails to comply with any of this Agreement’s non‐discrimination  provisions, the City shall have the right, at its option, to cancel the Agreement in  whole or in part.    D. The Consultant is responsible to be aware of and in compliance with all federal, state  and local laws and regulations that may affect the satisfactory completion of the  project, which includes but is not limited to fair labor laws, worker's compensation,  and Title VI of the Federal Civil Rights Act of 1964, and will comply with City of Renton  Council Resolution Number 4085.    18. Miscellaneous: The parties hereby acknowledge:  A. The City is not responsible to train or provide training for Consultant.    AGENDA ITEM #7. e)   PAGE 8 OF 10    B. Consultant will not be reimbursed for job related expenses except to the extent  specifically agreed within the attached exhibits.    C. Consultant shall furnish all tools and/or materials necessary to perform the Work  except to the extent specifically agreed within the attached exhibits.    D. In the event special training, licensing, or certification is required for Consultant to  provide Work he/she will acquire or maintain such at his/her own expense and, if  Consultant employs, sub‐contracts, or otherwise assigns the responsibility to perform  the Work, said employee/sub‐contractor/assignee will acquire and or maintain such  training, licensing, or certification.  E. This is a non‐exclusive agreement and Consultant is free to provide his/her Work to  other entities, so long as there is no interruption or interference with the provision of  Work called for in this Agreement.    F. Consultant is responsible for his/her own insurance, including, but not limited to  health insurance.    G. Consultant is responsible for his/her own Worker’s Compensation coverage as well as  that for any persons employed by the Consultant.    19. Other Provisions:  A. Approval Authority. Each individual executing this Agreement on behalf of the City  and Consultant represents and warrants that such individuals are duly authorized to  execute and deliver this Agreement on behalf of the City or Consultant.    B. General Administration and Management. The City’s project manager is Russ  Woodruff. In providing Work, Consultant shall coordinate with the City’s contract  manager or his/her designee.    C. Amendment and Modification. This Agreement may be amended only by an  instrument in writing, duly executed by both Parties.    D. Conflicts. In the event of any inconsistencies between Consultant proposals and this  Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to  this Agreement are incorporated by reference only to the extent of the purpose for  which they are referenced within this Agreement. To the extent a Consultant  prepared exhibit conflicts with the terms in the body of this Agreement or contains  terms that are extraneous to the purpose for which it is referenced, the terms in the  body of this Agreement shall prevail and the extraneous terms shall not be  incorporated herein.    AGENDA ITEM #7. e)   PAGE 9 OF 10    E. Governing Law. This Agreement shall be made in and shall be governed by and  interpreted in accordance with the laws of the State of Washington and the City of  Renton. Consultant and all of the Consultant’s employees shall perform the Work in  accordance with all applicable federal, state, county and city laws, codes and  ordinances.    F. Joint Drafting Effort. This Agreement shall be considered for all purposes as prepared  by the joint efforts of the Parties and shall not be construed against one party or the  other as a result of the preparation, substitution, submission or other event of  negotiation, drafting or execution.    G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or  interpret this Agreement or any of its terms or covenants shall be brought in the King  County Superior Court for the State of Washington at the Maleng Regional Justice  Center in Kent, King County, Washington, or its replacement or successor.  Consultant  hereby expressly consents to the personal and exclusive jurisdiction and venue of  such court even if Consultant is a foreign corporation not registered with the State of  Washington.    H. Severability. A court of competent jurisdiction’s determination that any provision or  part of this Agreement is illegal or unenforceable shall not cancel or invalidate the  remainder of this Agreement, which shall remain in full force and effect.    I. Sole and Entire Agreement. This Agreement contains the entire agreement of the  Parties and any representations or understandings, whether oral or written, not  incorporated are excluded.    J. Time is of the Essence. Time is of the essence of this Agreement and each and all of  its provisions in which performance is a factor. Adherence to completion dates set  forth in the description of the Work is essential to the Consultant’s performance of  this Agreement.    K. Third‐Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be  construed to give any rights or benefits in the Agreement to anyone other than the  Parties, and all duties and responsibilities undertaken pursuant to this Agreement will  be for the sole and exclusive benefit of the Parties and no one else.    L. Binding Effect. The Parties each bind themselves, their partners, successors, assigns,  and legal representatives to the other party to this Agreement, and to the partners,  successors, assigns, and legal representatives of such other party with respect to all  covenants of the Agreement.    AGENDA ITEM #7. e) AGENDA ITEM #7. e) %HOPRQW$YHQXH6XLWH6HDWWOH:DVKLQJWRQ,QLWLDOV 3DJHRI $XJXVW 5XVV:RRGUXII &DSLWDO3URMHFW&RRUGLQDWRU &LW\RI5HQWRQɥ3XEOLF:RUNV 6*UDG\:D\WK)ORRU 5HQWRQ:$ UZRRGUXII#5HQWRQZDJRY  6FRSHRI:RUNɥ([KLELW$ 'HDU5XVV :HDUHH[FLWHGWRKDYHWKHRSSRUWXQLW\WRFROODERUDWHZLWKWKH&LW\RI5HQWRQRQWKH&RQFHSWXDO5HGHYHORSPHQWVWXG\ DQGGHVLJQRIWKHH[LVWLQJ5HQWRQ3DYLOLRQLQGRZQWRZQ5HQWRQ:DVKLQJWRQ:HHQWKXVLDVWLFDOO\VKDUH\RXUJRDORI FUHDWLQJDSURMHFWWKDWPHHWV\RXUQHHGVDQGGHVLUHVDQGLQZKLFKDOORIXVFDQWDNHSULGH 7KHIROORZLQJGHVFULEHVWKHSURSRVHGVFRSHRIZRUNDQGIHHIRUWKHSURMHFWWREHDWWDFKHGDV([KLELW$WRWKH&LW\RI 5HQWRQɨV6WDQGDUG$JUHHPHQWIRU3URIHVVLRQDO6HUYLFHV 3URMHFW'HVFULSWLRQ 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e) 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 WITH CITY OF NEWCASTLE, A WASHINGTON MUNICIPAL CORPORATION FOR THE PURPOSE OF SHARING THE COST OF A STORMWATER PROJECT THAT EXTENDS ACROSS BOTH CITIES AND IMPROVES DRAINAGE THROUGH 3336 EDMONDS AVE NE, A RENTON PROPERTY. WHEREAS, the City and Newcastle are authorized, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into an interlocal government cooperative agreement; and WHEREAS, the Newcastle Capital Improvement Project called “116th & Edmonds Pipe Revitalization” (Project), site area includes property located in Renton, Newcastle and the shared Gypsy Creek watershed; and WHEREAS, Newcastle and Renton are authorized to provide interlocal storm water piping systems; and WHEREAS, Newcastle and Renton planned and coordinated financial efforts to benefit their residents; and WHEREAS, Renton was given the opportunity to review the proposed design, and has determined that this project is mutually beneficial to both jurisdictions; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The Mayor and City Clerk are hereby authorized to enter into an interlocal agreement with Newcastle (regarding the 116th And Edmonds Pipe Revitalization project) attached hereto as Exhibit “A” and incorporated by this reference. AGENDA ITEM # 9. a) RESOLUTION NO. _______ 2 PASSED BY THE CITY COUNCIL this ______ day of _____________________, 2022. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this ______ day of _____________________, 2022. ______________________________ Armondo Pavone, Mayor Approved as to form: ______________________________ Shane Moloney, City Attorney RES - PW: 1921: 10.3.22 AGENDA ITEM # 9. a) RESOLUTION NO. _______ 3 EXHIBIT “A” INTERLOCAL COOPERATION AGREEMENT FOR S-041 116TH AVE SE & EDMONDS AVE NE PIPE REVITALIZATION PROJECT AGENDA ITEM # 9. a) IN T E R LO C A L CO O P E R A T IO N A G R EE M E N T FO R S-0 4 1 llGth AVE SE & EDMONDS AVE NE PIPE REVITALIZATION PROJECT Parties to Agreement City of Renton City of Newcastle This lnterlocal Cooperation Agreement ("Agreement") for cooperation on the 116th Ave SE and Edmonds Ave NE Pipe Revitalization project ("Agreement") is made and is dated [insert date for reference] for reference purposes only by and between the City of Renton, Washington, ("Renton"), and the City of Newcastle, Washington, ("Newcastle") (each individually a "Party" and collectively the "Parties") for the purpose set forth herein. Recitals WHEREAS, the lnterlocal Cooperation Act, RCW 39.34 authorizes municipalities to contract with each other for the provision of local government services; and WHEREAS, portions of the project site including 3336 Edmonds Ave NE is located in Renton but receives storm water runoff from Newcastle right of way; and WHEREAS, Newcastle and Renton are authorized to provide interlocal storm water piping systems, planned and coordinated financial efforts to benefit their residents; and WHEREAS, the Newcastle Capital Improvement Project, 5-041 116th & Edmonds Pipe Revitalization ("Project"), site area includes and benefits property located in Renton, Newcastle and the shared Gypsy Creek watershed; and WHEREAS, Renton has coordinated with Newcastle through the design phase, received a copy of the plan set, and has determined that this project is mutually beneficial to both jurisdictions; NOW THEREFORE, in consideration of the terms herein, the public health, safety, and welfare, and other consideration the receipt and sufficiency of which are mutually acknowledged, the Parties agree, and covenant as follows: Terms 1.0 Purpose of this Agreement The purpose of this Agreement is to create a cooperative agreement between Renton and Newcastle relating to the Project and to define the terms and conditions governing both Parties' obligations created by this Agreement. 1630410.4 - 362429 -0006 ILA Newcastle - Rento AGENDA ITEM # 9. a) 2.0 Term of Agreement This agreement shall be continued in full force and effect and binding upon the parties here to upon execution of the Agreement by both parties. The terms ofthe Agreement shall be indefinite. The Agreement will be terminated upon Newcastle's completion of the Project and Renton's payment/reimbursement of an amount not to exceed of $80,000 to Newcastle toward the cost of the Project, or unless mutually terminated by the Parties in writing otherwise. 3.0 Conditions of Agreement 3.1 Newcastle will complete the Project, and upon notice from Newcastle that the Project has reached substantial completion, Renton shall pay/reimburse Newcastle $80,000 as a contribution toward the cost of the Project. 3.2 Newcastle shall assume ownership and maintenance responsibilities in perpetuity of the stormwater facilities installed as part of this project. The provisions of this section shall survive the expiration or termination of this Agreement. 3.3 Newcastle shall ensure that all work performed by its employees, agents, contractors, or subcontractors is performed in a manner which protects and safeguards the environment and natural resources, and which is in compliance with local, state, and federal laws and regulations. 3.4 Newcastle agrees to acknowledge Renton as a partial source of funding for the Project on all literature, signage, or press releases related to the Project. Newcastle may obtain from Renton a City logo that may be used in acknowledgement. 4.0 General Provisions 4.1 This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 4.2 This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof. No prior or contemporaneous representation, inducement, promise or agreement between or among the Parties which relate to the subject matter hereof which are not embodied in this Agreement shall be of any force or effect. 4.3 No amendment to this Agreement shall be binding on any of the Parties unless such amendment is in writing and is executed by the Parties. The Parties contemplate that this Agreement may be modified by written amendment which shall be executed by duly authorized representatives of the Parties and attached to this Agreement. 4.4 Each Party warrants and represents that such Party has full and complete authority to enter into this Agreement and each person executing this Agreement on behalf of a Party warrants and represents that he/she has been fully authorized to execute this Agreement on behalf of such Party and that such Party is bound by the signature of such representative. 5.0 Legal Relations 5.1 The Parties shall comply with all applicable state and federal laws and regulations. 1630410.4 - 362429 -0006 ILA Newcastle - Renton Page 2 ofS AGENDA ITEM # 9. a) 5.2 This Agreement is solely for the benefit of the Parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. No employees or agents of one Party or any of its contractors or subcontractors shall be deemed, or represent themselves to be, employees of any other Party. 6.0 Indemnification and Hold Harmless. The City of Newcastle agrees to release, indemnify, defend, and hold harmless the City of Renton, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney's or attorneys' fees, costs, and/or litigation expenses to or by any and all persons or entities, arising from, resulting from, or related to the negligent acts, errors or omissions of the City of Newcastle in its performance of this Agreement or a breach of this Agreement by City of Newcastle, except for that portion of the claims caused by the City of Renton's sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, (Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement attached to real estate ... ) then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the City of Newcastle and the City of Renton, its officers, officials, employees and volunteers, Newcastle's liability shall be only to the extent of Newcastle's negligence. It is further specifically and expressly understood that the indemnification provided in this Agreement constitute City of Newcastle's waiver of immunity under the Industrial Insurance Act, RCW Title 51, solely for the purposes of this indemnification. The Parties have mutually negotiated and agreed to this waiver. The provisions of this section shall survive the expiration or termination of this Agreement The provisions of this section shall survive the expiration or termination of this Agreement with respect to acts and omissions occurring during the Agreement Term. 7.0. Disclaimer. Nothing in this Agreement shall be construed as: 7.1 Imposing any obligation upon Renton to undertake the S-041116th & Edmonds Pipe Revitalization Project in the first instance; 7.2 Imposing any obligation upon Renton to commence, complete, or otherwise perform any part of the S-041116th & Edmonds Pipe Revitalization Project by any particular date. 7.3 Imposing any obligation upon Renton to contribute funding toward any other project or undertaking by Newcastle. 1630410.4 - 362429 -0006 ILA Newcastle - Renton Page J of5 AGENDA ITEM # 9. a) 8.0 Regulatory Authority Preserved. Renton expressly acknowledges that Newcastle is a municipal corporation organized under the laws of the state of Washington and has executed this Agreement in its capacity as owner and operator of the SE 90th Street public right-of-way. Nothing in this Agreement shall be construed as waiving, abridging, or otherwise limiting the Newcastle's regulatory authority, police power, and/or legislative discretion with respect to Project, which are hereby expressly reserved in full. 9.0 Notices. Written notices to either Party under this Agreement shall be effective immediately upon hand- delivery, or three (3) days after postmark if sent via U.S. Mail to the following addresses City of Renton Attn: Public Works Administrator 1055 S Grady Way, Renton,WA 98057 City of Newcastle Attn: Public Works Director 12835 Newcastle Way, Suite 200 Newcastle, WA 98056-1316 10.0 No Employment Relationship or Agency. Nothing herein shall be construed as creating an agency relationship between the Parties, or as creating an employment relationship between the Parties and any employee or agent of the other Party. 11.0. No Third-Party Beneficiaries. This Agreement is entered into and executed for the exclusive benefit of the signatory Parties as defined herein and shall be enforceable only by said Parties. Nothing herein shall be construed as creating any rights, benefits, entitlements or causes of action in or for any other parties. 12.0. Governing Law; Venue. This Agreement shall be governed by the laws of the State of Washington. The exclusive venue for any litigation occurring under this Agreement shall be the Superior Court for King County Washington. The substantially prevailing party in any such litigation shall be entitled to an award of its reasonable attorneys' fees. 13.0. Integration; Modification. This Agreement represents the entire understanding between the Parties with respect to the subject matter hereof; no oral agreements or statements shall be binding. This Agreement may be modified or amended only by a writing signed by both Parties. 14.0. Administration. This Agreement does not create any separate legal or administrative entity to which any power is delegated by the Parties. Administration of this Agreement shall be the responsibility of the Parties' respective Directors of Public Works. The Parties will cooperatively work together to further the intent and purpose of this Agreement. 1630410.4 - 362429 -0006 !LA Newcastle - Renton Page 4 of5 AGENDA ITEM # 9. a) 15.0 Signatory W arranty. Each signatory below represents and warrants that he/she has been authorized to execute this Agreement for the Party on whose behalf he/she is purporting to sign. 16.0 Effective Date. Once fully executed by the Parties, this Agreement is effective as of the last date signed by both parties. IN WITNESS WHEREOF, the Parties have caused this Agreement to be signed and delivered by its duly authorized officer or representative as ofthe date set forth below its signature. For purposes of this Agreement, a duly authorized electronic signature constitutes an original signature. CITY OF RENTON City OF NEWCASTLE By: _ Armando Pavone Mayor By:6dtf2;£ [Scott Pingel] [City Manager] Date Attest Jason A. Seth City Clerk Approved as to Legal Form By: _ Shane Moloney Renton City Attorney Clb 10/3/22 (2169) Date Attest City Clerk Approved as to Legal Form By:~~-a-~-- [Curtis Chambers] Newcastle City Attorney 1630410.4 - 362429 -0006 ILA Newcastle - Renton Page 5 ofS AGENDA ITEM # 9. a) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTIONS 4-1-190.R, 4-1-210.B, 4-2-080.A.25, 4-2-110.B.4, 4-2-110.E.39, 4-2- 115.E.2, 4-3-100.B, 4-3-100.E.5, AND 4-4-080.I OF THE RENTON MUNICIPAL CODE, CODIFYING ADMINISTRATIVE CODE INTERPRETATIONS FROM FEBRUARY 2019 TO SEPTEMBER, 2021, AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuant to Renton Municipal Code Section 4‐1‐080, Interpretation, the Community and Economic Development Administrator (“Administrator’) is authorized to make interpretations regarding the implementation of unclear or contradictory regulations; and WHEREAS, the Administrator recognized that the certain Renton Municipal Code regulations addressed in this ordinance contained unclear or contradictory language; and WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on February 14, 2022, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on March 16, 2022, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Subsection 4-1-190.R of the Renton Municipal Code is amended as follows: AGENDA ITEM # 9. b) ORDINANCE NO. ________ 2 R. ADMINISTRATIVE FEES: 1. Administrative Fee: The City shall collect an administrative fee equal to five percent (5%) of the total school impact fee collected in order to defray the administrative cost of collecting, processing, and handling the impact fees described in this Section. 2. Deferred Fees: Each application for a deferral of payment of residential impact fees, either under subsection G7 G8 or 8 9 of this Section, shall pay a nonrefundable administrative deferral fee of eighty-five dollars ($85.00) for each lot, single detached dwelling unit, or condominium unit and eighty-five dollars ($85.00) for each multi-family residential building. The fee shall be paid at the time the application for deferral is submitted to the City. 32. Independent Fee Calculations: Any feepayer submitting an independent fee calculation shall pay a fee to cover the cost of reviewing the independent fee calculation. The fee shall be five hundred dollars ($500.00), unless otherwise established by the Administrator, school district, or the RRFA, and shall be paid by the feepayer at submittal of the independent fee calculation. 43. Appeals: Any feepayer filing an appeal of impact fees shall pay the fee set by the City for appeals of administrative interpretations and decision. The appeal fee shall be paid at the time of filing of the appeal. 54. Account Established: Administrative fees shall be deposited into a separate administrative fee account within the impact fee account(s). AGENDA ITEM # 9. b) ORDINANCE NO. ________ 3 Administrative fees shall be used to defray the actual costs associated with the assessment, collection, administration and update of the impact fees. 56. Refunds, Waivers, and Credits: Administrative fees shall not be refundable, shall not be waived, and shall not be credited against the impact fees. SECTION III. Subsection 4-1-210.B of the Renton Municipal Code is amended as follows: 4. Applicable Fees: For each site, a maximum of eighty percent (80%) of applicable impact fees and up to one hundred percent (100%) of all other applicable fees for up to one hundred (100) dwelling units may be waived. a. Fees which may be waived are: i. Building permit fees; ii. Building permit plan review fees; iii. Water, surface water, and wastewater system development charges; iv. Public Works plan review and inspection fees; v. Transportation and parks impact mitigation fees; vi. Fire impact mitigation fees, to the extent such waiver is authorized by interlocal agreement with the Renton Regional Fire Authority; vii. Civil plan review and inspection fees; and viii. Technology surcharge fees;. and viiii. Administrative fees for collecting, processing, and handling school impact fees. AGENDA ITEM # 9. b) ORDINANCE NO. ________ 4 b. Fees which may not be waived are all fees not listed in subsection B4a of this Section, including: i. Fire plan review and permit fees. SECTION IV. Subsection 4-2-080.A.25 of the Renton Municipal Code is amended as shown below. All other provisions in 4-2-080.A remain in effect and unchanged. 25. A preschool or day care center, when accessory to a public or community facility listed in RMC 4-2-060G, as it exists or may be amended, is considered a permitted use which does not require a hearing examiner conditional use permit. SECTION V. The ‘Minimum Setbacks’ section in 4-2-110.B of the Renton Municipal Code is amended as shown below. All other provisions in 4-2-110.B remain in effect and unchanged. MINIMUM SETBACKS Front Yard and Secondary Front Yard RC, R-1, R-4, R- 6, R-8, R-10, R- 14 and RMF Setbacks applied to the primary structure also apply to accessory structures. Accessory structures shall not be located between the primary structure and a street.4 Side Yards for Accessory Buildings RC and R-1 5 ft., unless located between the rear of the house and the rear property line, then 0 ft. side yard is allowed. R-4, R-6, R-8, R- 10, R-14 and RMF 3 ft., unless located between the rear of the house and the rear property line, then 0 ft. side yard is allowed. Rear Yards for Accessory Buildings RC 5 ft. AGENDA ITEM # 9. b) ORDINANCE NO. ________ 5 R-1, R-4, R-6, R- 8, R-10, R-14 and RMF 3 ft., unless located between the rear of the house and the rear property line, then 0 ft. rear yard is allowed. When located within 10 ft. of the rear property line, at least 25% of the lineal length of the rear yard shall remain unoccupied from accessory structures, except when the rear property line abuts an alley. Except for garages/carports accessed through alleys: to ensure adequate vehicular maneuvering area, garages and carports that are accessed through alleys shall be set back as follows: 1. 9 ft. garage doors shall be at least 26 ft. from the back edge of the alley, or 2. 16 ft. garage doors shall be at least 24 ft. from the back edge of the alley. Special Setbacks for Animal Husbandry or Agricultural Related Structures RC, R-1, R-4, R- 6, R-8, R-10, and R-14 Agricultural related structures – 50 ft. from any property line. Stables and other animal husbandry related structures, see RMC 4-4-010, Animal Keeping and Beekeeping Standards. RMF n/a Clear Vision Area RC, R-1, R-4, R- 6, R-8, R-10, R- 14 and RMF In no case shall a structure over 42 in. in height intrude into the 20 ft. clear vision area defined in RMC 4-11-030. SECTION VI. Subsection 4-2-110.E.39 of the Renton Municipal Code is amended as shown below. All other provisions in 4-2-110.E remain in effect and unchanged. 39. In the R-8, R-10, R-14, and RMF zones: In addition to the applicable yard setback requirements of the zone and tTo ensure adequate vehicular maneuvering area, garages and carports that are accessed through alleys shall be set back as follows: AGENDA ITEM # 9. b) ORDINANCE NO. ________ 6 a. Nine-foot (9') garage doors shall be at least twenty-six feet (26') from the back edge of the alley; or b. Sixteen-foot (16') garage doors shall be at least twenty-four feet (24') from the back edge of the alley. SECTION VII. Subsection 4-2-115.E.2 of the Renton Municipal Code is amended as shown below. All other provisions in 4-2-115.E remain in effect and unchanged. 2. Open Space: OPEN SPACE: Open space is a significant element in the development of livable communities and creates opportunities for good health. Guidelines: All open space shall be designed to preserve existing trees particularly native conifers, native deciduous trees, and other native vegetation consistent with RMC 4-4-070, Landscaping. Except for Native Growth Protection Areas, all common open space areas shall be designed to accommodate both active and passive recreational opportunities and be visible and open to the street. Pocket parks shall be designed to serve four (4) to ten (10) homes. Private yards are located at the rear or side of homes and can include trees, planting beds, and privacy fences. Reciprocal use easements can provide greater usability of private yards. Landscaping: R-10 and R-14 See RMC 4-4-070, Landscaping. Standards for Parks: R-10 and R-14 For developments that are less than ten (10) net acres: No park is required, but is allowed. For developments that are greater than ten (10) net acres: A minimum of one one-half (.5) acre park, in addition to the common open space requirement, is required. Standards for Common Open Space: R-10 and R-14 Developments of three (3) or fewer dwelling units: No requirement to provide common open space. Developments of four (4) or more units: Required to provide common open space as outlined below. Above ground drainage facilities (i.e., ponds, swales, ditches, rain gardens, etc.) shall not be counted towards the common open space requirement. AGENDA ITEM # 9. b) ORDINANCE NO. ________ 7 1. For each unit in the development, three hundred fifty (350) square feet of common open space shall be provided. 2. Open space shall be designed as a park, common green, pea-patch, pocket park, or pedestrian entry easement in the development and shall include picnic areas, space for recreational activities, and other activities as appropriate. 3. Open space shall be located in a highly visible area and be easily accessible to the neighborhood. 4. Open space(s) shall be contiguous to the majority of the dwellings in the development and accessible to all dwellings. For sites one acre or smaller in size, open space(s) shall be no less than at least thirty feet (30') in at least one any dimension. For sites larger than one acre in size, open space(s) shall be no less than at least forty feet (40') in at least one any dimension. For all sites, to allow for variation, open space(s) of less than the minimum dimensions (thirty feet (30') or forty feet (40'), as applicable) are allowed; provided, that when all of a site’s open spaces are averaged, the applicable dimension requirement is met. 5. A pedestrian entry easement can be counted as open space if it has a minimum width of twenty feet (20') and within that twenty feet (20') a minimum five feet (5') of sidewalk is provided. 6. Pea-patches shall be at least one thousand (1,000) square feet in size with individual plots that measure at least ten feet by ten feet (10' x 10'). Additionally, the pea-patch shall include a tool shed and a common area with space for compost bins. Water shall be provided to the pea-patch. Fencing that meets the standards for front yard fencing shall surround the pea-patch with a one foot (1') landscape area on the outside of the fence. This area is to be landscaped with flowers, plants, and/or shrubs. 7. Grass-crete or other pervious surfaces may be used in the common open space for the purpose of meeting the one hundred fifty feet (150') distance requirement for emergency vehicle access but shall not be used for personal vehicle access or to meet off-street parking requirements. 8. Common open space areas shall have a maximum slope of five percent (5%). 9. Obstructions, such as retaining walls and fences, shall not be placed in common open spaces. Standards for Private Yards: R-10 and R-14 Developments of three (3) or fewer dwelling units: Each individual dwelling shall have a private yard that is at minimum six hundred (600) square feet in size. Backyard patios and reciprocal use easements may be included in the calculation of private yard. AGENDA ITEM # 9. b) ORDINANCE NO. ________ 8 Developments of four (4) or more dwelling units: Each ground-related dwelling shall have a private yard that is at least two hundred fifty (250) square feet in size with no dimension less than eight feet (8') in width. An additional two hundred fifty (250) square feet of open space per unit shall be added to the required amount of common open space for each unit that is not ground related. Common Open Space or Park Substitutions: R-10 and R-14 See RMC 4-1-240. Sidewalks, Pathways, and Pedestrian Easements: R-10 and R-14 All of the following are required: 1. Sidewalks shall be provided throughout the neighborhood. The sidewalk may disconnect from the road, provided it continues in a logical route throughout the development. Permeable pavement sidewalks shall be used where feasible, consistent with the Surface Water Design Manual. 2. Front yards shall have entry walks that are a minimum width of three feet (3') and a maximum width of four feet (4'). 3. Pathways shall be used to connect common parks, green areas, and pocket parks to residential access streets, limited residential access streets, or other pedestrian connections. They may be used to provide access to homes and common open space. They shall be a minimum three feet (3') in width and made of paved asphalt, concrete, or porous material such as: porous paving stones, crushed gravel with soil stabilizers, or paving blocks with planted joints. Sidewalks or pathways for parks and green spaces shall be located at the edge of the common space to allow a larger usable green and easy access to homes. 4. Pedestrian Easement Plantings: Sshall be planted with plants and trees. Trees are required along all pedestrian easements to provide shade and spaced twenty feet (20') on center. Shrubs shall be planted in at least fifteen percent (15%) of the easement and shall be spaced no further than thirty-six inches (36") on center. 5. For all homes that do not front on a residential access street, limited residential access street, a park, or a common green: Pedestrian entry easements that are at least fifteen feet (15') wide plus a five-foot (5') sidewalk shall be provided. SECTION VIII. Subsection 4-3-100.B of the Renton Municipal Code is amended as follows: B. APPLICABILITY AND CONFLICTS: AGENDA ITEM # 9. b) ORDINANCE NO. ________ 9 1. Applicability: a. The following development activities shall be required to comply with the provisions of this Section: i. All subdivisions including short plats; ii. All new structures; iii. Conversion of vacant land (e.g., to parking or storage lots); iv. Conversion of a residential use to a nonresidential use, or the conversion of a nonresidential use to a residential use; v. Alterations, enlargements, and/or restorations of Re-use of a nonconforming structures, for any purpose, that has been vacant for more than one year; pursuant to RMC 4-10-050, Nonconforming Structures vi. Exterior modifications such as facade changes, windows, awnings, signage, etc., shall comply with the design requirements for the new portion of the structure, sign, or site improvement. b. Any of the activities listed in subsection B1a of this Section and occurring in the following overlay areas or zones shall be required to comply with the provisions of this Section: i. District ‘A’: All areas zoned Center Downtown (CD). ii. District ‘B’: All areas zoned Residential Multi-Family (RMF), and assisted living and convalescent centers within the Resource Conservation (RC), Residential-1 (R-1), Residential-4 (R-4), Residential-6 (R-6), Residential-8 (R-8), AGENDA ITEM # 9. b) ORDINANCE NO. ________ 10 Residential-10 (R-10), Residential-14 (R-14), and Residential Manufactured Home Park (RMH) zones. iii. District ‘C’: All areas zoned Urban Center (UC) or Commercial Office Residential (COR). iv. District ‘D’: All areas zoned Center Village (CV), Commercial Arterial (CA), Commercial Neighborhood (CN), or Commercial Office (CO), except for those properties included in the Automall District and used for small vehicle sales or a secondary use identified in RMC 4-3-040C1, Uses Permitted in the Renton Automall District. 2. Conflicts: Where there are conflicts between the design requirements in subsection E of this Section and other sections of the Renton Municipal Code, the regulations of this Section shall prevail. SECTION IX. The Ground Level Details provisions in subsection 4-3-100.E.5 of the Renton Municipal Code are amended as shown below. All other provisions in 4-3-100.E.5 remain in effect and unchanged. GROUND LEVEL DETAILS Intent: To ensure that buildings are visually interesting and reinforce the intended human-scale character of the pedestrian environment; and ensure that all sides of a building within near or distant public view have visual interest. Guidelines: The use of material variations such as colors, brick, shingles, stucco, and horizontal wood siding is encouraged. The primary building entrance should be made visibly prominent by incorporating architectural features such as a facade overhang, trellis, large entry doors, and/or ornamental lighting (illustration below). Detail features should also be used, to include things such as decorative entry paving, street furniture (benches, etc.), and/or public art. AGENDA ITEM # 9. b) ORDINANCE NO. ________ 11 Standards: All Districts All of the following are required: 1. Human-scaled elements such as a lighting fixture, trellis, or other landscape feature shall be provided along the facade’s ground floor. 2. Upper portions of building facades shall have clear windows with visibility into and out of the building. However, screening may be applied to provide shade and energy efficiency. The minimum amount of light transmittance for windows shall be fifty percent (50%). 3. Display windows shall be designed for frequent change of merchandise, rather than permanent displays. Display racks and fixtures may not obscure more than fifty percent (50%) of the window space. 4. Window coverings, such as blinds and curtains, must be functional, they may not be affixed so that they cannot be open and/or closed. All of the following are prohibited: 1. Tinted and dark glass, highly reflective (mirror-type) glass and film. 2. Untreated blank walls visible from public streets, sidewalks, or interior pedestrian pathways. a. A wall (including building facades and retaining walls) is considered a blank wall if: i. It is a ground floor wall or portion of a ground floor wall over six feet (6') in height, has a horizontal length greater than fifteen feet (15'), and does AGENDA ITEM # 9. b) ORDINANCE NO. ________ 12 not include a window, door, building modulation or other architectural detailing; or ii. Any portion of a ground floor wall has a surface area of four hundred (400) square feet or greater and does not include a window, door, building modulation or other architectural detailing. b. If blank walls are required or unavoidable, they shall be treated. The treatment shall be proportional to the wall and use one or more of the following (illustration below): i. A planting bed at least five feet (5') in width abutting the blank wall that contains trees, shrubs, evergreen ground cover, or vines; ii. Trellis or other vine supports with evergreen climbing vines; iii. Architectural detailing such as reveals, contrasting materials, or other special detailing that meets the intent of this standard; iv. Artwork, such as bas-relief sculpture, mural, or similar; or v. Seating area with special paving and seasonal planting. District A 1. Where windows or storefronts occur, they must only contain clear glazing. Tinted, dark, and highly reflective (mirror-type) glass and film are prohibited. 2. Any facade visible to the public shall be comprised of at least seventy five percent (75%) transparent windows and/or doors for at least the portion of the ground floor facade that is between four feet (4') and eight feet (8') above ground (as measured on the true elevation). 3. Opaque signage is only allowed on or in no more than ten percent (10%) of the window space. Stenciled or other signage types that allow visibility into the AGENDA ITEM # 9. b) ORDINANCE NO. ________ 13 building are encouraged and do not count toward the ten percent (10%) calculation of signage in windows. Districts B, C, and D 1. Any facade visible to the public shall be comprised of at least fifty percent (50%) transparent windows and/or doors for at least the portion of the ground floor facade that is between four feet (4') and eight feet (8') above ground (as measured on the true elevation). 2. Where windows or storefronts occur, they must principally contain clear glazing. Tinted, dark, and highly reflective (mirror-type) glass and film are prohibited. SECTION X. Subsection 4-4-080.I of the Renton Municipal Code is amended as follows: I. DRIVEWAY DESIGN STANDARDS: 1. Driveway Location – Hazard Prohibited: No driveway shall be constructed in such a manner as to be a hazard to any existing street lighting standard, utility pole, traffic regulating device, fire hydrant, abutting street traffic, or similar devices or conditions. The cost of relocating any such street structure when necessary to do so shall be borne by the abutting property owner. Said relocation of any street structure shall be performed only through the dDepartment and person holding authority for the particular structure involved. 2. Driveway Spacing Based Upon Land Use: a. Industrial, Warehouse and Shopping Center Uses: AGENDA ITEM # 9. b) ORDINANCE NO. ________ 14 i. The location of ingress and egress driveways shall be subject to approval of the City under curb cut permit procedures. ii. There shall be a minimum of forty feet (40') between driveway curb returns where there is more than one driveway on property under unified ownership or control and used as one premises. iii. Driveways shall not be closer than five feet (5') to any property line (except as allowed under subsection I9 of this Section, Joint Use Driveways). b. All Other Uses: i. The location of ingress and egress driveways shall be subject to approval of the Department of Community and Economic Development under curb cut permit procedures. AGENDA ITEM # 9. b) ORDINANCE NO. ________ 15 ii. Driveway width (aggregate width if more than one driveway exists) shall not exceed forty percent (40%) of the street frontage. iii. Driveways shall not be closer than five feet (5') to any property line (except as allowed under subsection I9 of this Section, Joint Use Drivewa ys). iv. There shall be a minimum of eighteen feet (18') between driveway curb returns where there is more than one driveway on property under single ownership or control and used as one premises. 3. Driveway Width Maximums Based Upon Land Use: a. Industrial, Warehouse and Shopping Center Uses: i. Driveway width (aggregate width if more than one driveway exists) shall not exceed forty percent (40%) of the street frontage. ii. The width of any driveway shall not exceed fifty feet (50') exclusive of the radii of the returns or taper section, the measurement being made parallel to the centerline of the street roadway. iii. The Administrator may grant an exception upon proper application in writing and for good cause shown, which shall include, but not be limited to, the absence of any reasonable alternative. b. Single Family and Duplex Uses: The maximum width of single loaded garage driveways shall not exceed nine feet (9') and double loaded garage driveways shall not exceed sixteen feet (16'). If a garage is not present on the subject property the maximum width of a driveway shall be sixteen feet (16'). AGENDA ITEM # 9. b) ORDINANCE NO. ________ 16 c. All Other Uses: The width of any driveway shall not exceed thirty feet (30') exclusive of the radii of the returns or the taper section, the measurement being made parallel to the centerline of the street roadway. 4. Maximum Number of Driveways Based Upon Land Use: a. Industrial, Warehouse and Shopping Center Uses: There shall be no more than two (2) driveways for each three hundred thirty feet (330') of street frontage serving any one property or among abutting properties under unified ownership or control. For each additional one hundred sixty five feet (165') of street frontage an additional driveway may be allowed. b. All Other Uses: There shall be no more than one driveway for each one hundred sixty five feet (165') of street frontage serving any one property or among properties under unified ownership or control; for each one hundred sixty five feet (165') of additional street frontage another driveway may be permitted subject to the other requirements of this Section. 5. Driveway Angle – Minimum: The angle between any driveway and the street roadway or curb line shall not be less than forty-five degrees (45°). 6. Driveway Grades – Maximum Based Upon Land Use: a. Single Family and Two (2) Family Uses: Maximum driveway slopes shall not exceed fifteen percent (15%); provided, that driveways exceeding eight percent (8%) shall provide slotted drains at the lower end with positive drainage discharge to restrict runoff from entering the garage/residence crossing any public sidewalk entering public or private streets, alleys, sidewalks, and/or pedestrian AGENDA ITEM # 9. b) ORDINANCE NO. ________ 17 pathways. To exceed fifteen percent (15%), a variance from the Administrator is required. b. All Other Uses: Maximum driveway slope shall not exceed eight percent (8%). The Administrator may allow a driveway to exceed eight percent (8%) slope but not more than fifteen percent (15%) slope, upon proper application in writing and for good cause shown, which shall include, but not be limited to, the absence of any reasonable alternative. To exceed fifteen percent (15%), a variance from the Administrator is required. 7. Surfacing Requirements for Driveways and Driveway Encroachments: Driveways and driveway approaches in the public right-of-way shall be paved with asphaltic concrete, cement, or equivalent alternative materials of a permanent nature as approved by the Public Works Department. Surfacing treatments that provide increased infiltration opportunities, such as permeable pavements, shall be used where feasible and consistent with the Surface Water Design Manual. 8. Two (2) Track Driveway Design: For single-family lots, driveways may provide a pervious strip in the center in order to reduce the impervious surface of driveways. A two (2) track driveway does not allow for an increase in allowed driveway width. 9. Joint Use Driveways: a. Benefits: Joint use driveways reduce the number of curb cuts along individual streets and thereby improve safety and reduce congestion while AGENDA ITEM # 9. b) ORDINANCE NO. ________ 18 providing for additional on-street parking opportunities. Joint use driveways should be encouraged when feasible and appropriate, particularly when there is existing underutilized parking proximate to a subject site. b. Where Permitted: Adjoining lots may utilize a joint use driveway accessed from a public street where such joint use driveway reduces the total number of driveways entering the street network, subject to the approval of the Department of Community and Economic Development. Joint use driveways must be created upon the common property line of the properties served or through the granting of a permanent access easement when said driveway does not exist upon a common property line. If the adjoining lots are residential, the joint use driveway shall provide access to no more than two (2) lots and each lot shall abut a public street. Joint use access to the driveway shall be assured by easement or other legal form acceptable to the City. 10. Driveways Providing Access or Connection To and From the State Highway System: Any driveway providing access or connection to or from the state highway system shall be designed and installed pursuant to RMC 4-6- 060F910. SECTION XI. Upon approval of the City Attorney, the City Clerk is authorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering and references. The City AGENDA ITEM # 9. b) ORDINANCE NO. ________ 19 Clerk is further authorized to direct the codifier to update any chapter, section, or subsection titles in the Renton Municipal Code affected by this ordinance . SECTION XII. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. SECTION XIII. This ordinance shall be in full force and effect December 20, 2022. No later than five (5) days prior to such effective date, a summary consisting of this ordinance’s title shall be published in the City’s official newspaper. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2022. Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD-CED:2225:11/8/22 AGENDA ITEM # 9. b) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTIONS 4-2-110.A, 4-2-110.C, 4-2-110.E.4, 4-2-110.E.10, AND 4-5-060.E.2.c OF THE RENTON MUNICIPAL CODE, ADDING AN EXEMPTION FOR CERTAIN PHOTOVOLTAIC (SOLAR) SYSTEMS FROM BUILDING PERMITS, AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on May 13, 2022, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on June 1, 2022, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect and unchanged. SECTION II. Subsection 4-2-110.A of the Renton Municipal Code is amended as shown on Attachment A. SECTION III. Subsection 4-2-110.C of the Renton Municipal Code is amended as follows: 4-2-110C DEVELOPMENT STANDARDS FOR RESIDENTIAL DEVELOPMENT (ACCESSORY DWELLING UNITS) AGENDA ITEM # 9. c) ORDINANCE NO. ________ 2 MAXIMUM NUMBER AND SIZE General17 RC, R-1, R-4, R-6, R-8, R-10, and R-14 1 ADU is permitted per legal lot. Unit size shall be determined by lot size and the size of the primary structure; the total gross floor area of the ADU shall not exceed the size stated in the Maximum Unit Size section of this table or 75% of the total gross floor area of the primary structure, whichever is smaller.41 MAXIMUM UNIT SIZE Lot Area: Maximum ADU Size40, 41 3,000 sq. ft. or less 600 sq. ft. 3,001 – 4,999 sq. ft. or less 700 sq. ft. 5,000 – 6,999 sq. ft. or less 800 sq. ft. 7,000 – 8,999 sq. ft. or less 900 sq. ft. Greater than 9,000 sq. ft. 1,000 sq. ft. MAXIMUM WALL PLATE HEIGHT 10, 18, 19, 41 RC, R-1, R-4, R-6, R-8, R-10 and R-14 ADUs are subject to the maximum wall plate height of RMC 4-2-110A, and associated conditions and shall not be taller than the primary structure. Additional ADU height allowances may be permitted upon application and approval of a modification pursuant to RMC 4-9-250.42 LOCATION General RC, R-1, R-4, R-6, R-8, R-10 and R-14 ADUs shall be located at least 6 ft. from any residential structure. AGENDA ITEM # 9. c) ORDINANCE NO. ________ 3 MINIMUM SETBACKS4, 41 Front Yard and Secondary Front Yard RC, R-1, R-4, R-6, R-8, R-10 and R-14 The ADU shall be set back an additional 5 ft. parallel to and measured from the front facade of the primary structure and shall comply with the setbacks applied to the primary structure, as identified in RMC 4-2-110A, Development Standards for Residential Zoning Designations. ADUs shall not be permitted between the primary structure and the street unless approved in the Conditional Use Permit process. Side Yard RC and R-1 25 ft. R4, R-6 and R- 8 5 ft. R-10 and R-14 4 ft. Rear Yard RC, R-1, R-4, R-6, R-8, R-10 and R-14 5 ft. When located within 10 ft. of the rear property line, at least 25% of the lineal length of the rear yard shall remain unoccupied from accessory dwellings, except when the rear property line abuts an alley. Clear Vision Area RC, R-1, R-4, R-6, R-8, R-10 and R-14 In no case shall a structure over 42 in. in height intrude into the 20 ft. clear vision area defined in RMC 4-11-030. CRITICAL AREAS General RC, R-1, R-4, R-6, R-8, R-10 and R-14 See RMC 4-3-050, Critical Areas Regulations, and 4-3-090, Shoreline Master Program Regulations. AGENDA ITEM # 9. c) ORDINANCE NO. ________ 4 SECTION IV. Subsections 4-2-110.E.4 and 4-2-110.E.10 of the Renton Municipal Code are amended as shown below. All other provisions in 4-2-110.E remain in effect and unchanged. 4. Allowed Projections into Setbacks: a. Fireplace Structures, Windows: Fireplace structures, bay or garden windows, enclosed stair landings, and similar structures as determined by the Community and Economic Development Administrator may project twenty-four inches (24") into any setback; provided, such projections are: i. Limited to two (2) per facade. ii. Not wider than ten feet (10'). b. Fences, Rockeries, and Retaining Walls: See RMC 4-4-040, Fences, Hedges, and Retaining Walls. c. Steps and Decks: Uncovered steps and decks not exceeding eighteen inches (18") above the finished grade may project to any property line. Uncovered steps and decks having no roof covering and not exceeding forty -two inches (42") high may be built within the front yard setback. d. Eaves: Eaves and cornices may project up to twenty-four inches (24") into any required setback. e. Porches and Stoops: May project into front setbacks up to eight feet (8') and into side setbacks along a street up to five feet (5'). f. Overhead Weather Protection: AGENDA ITEM # 9. c) ORDINANCE NO. ________ 5 i. Roofs and awnings situated above pedestrian entryways may extend up to five feet (5') into a required setback and may extend no wider than three feet (3') on either side of the entryway. ii. Roofs or other structures providing relief from rain or sun (e.g., pergola) attached to the rear facade of the primary structure may intrude into rear yard setbacks provided such roofs shall be set back a minimum of five feet (5') from rear lot lines and shall meet the side yard setback requirement for primary structures. The height and area of such roofs shall be regulated in the same manner as detached accessory structures. g. Accessibility Ramps: Ramps required for barrier-free access, and meeting all Building Code requirements including slope and handrails, may intrude into required setbacks. This exemption will be limited to the extent necessary to meet the Building Code requirements. h. Cisterns and Rain Barrels: Rain barrels, cisterns, and other rainwater catchment systems may intrude into a required setback as follows: i. Elements are not permitted in the front setback. ii. Elements which are less than fifty-four inches (54") above finished grade and contain up to six hundred (600) gallons may intrude into a side or rear setback a distance no greater than twenty percent (20%) of that setback, but must maintain at least three feet (3') of undisturbed setback. AGENDA ITEM # 9. c) ORDINANCE NO. ________ 6 iii. Elements which are greater than fifty-four inches (54") above finished grade or contain over six hundred (600) gallons shall not intrude upon side and rear setback requirements. i. Arbor, Pergola or Trellis: Allowed in required yard setbacks if they meet the following provisions: i. The length of any side shall not exceed twelve feet (12') and the footprint shall not exceed eighty (80) square feet, inclusive of eaves; ii. A maximum height from finished grade to the top of the structure of ten feet (10'); iii. Both sides and roof shall be at least fifty percent (50%) open, or, if latticework is used, there shall be a minimum opening of two inches (2") between crosspieces. iv. Limited to two (2) such structures per lot. j. Heating, Ventilation, and Air Conditioning (HVAC) Systems: HVAC Systems may extend into any side or rear yard setback. k. Rooftop photovoltaic (PV) systems may project to any setback if the following provisions are met: i. The proposed system does not require a building permit pursuant to RMC 4-5-060.E2c; and ii. The system is located on a legally established nonconforming single-family dwelling, accessory dwelling unit, or unit-lot townhome. AGENDA ITEM # 9. c) ORDINANCE NO. ________ 7 10. Rooftop photovoltaic (PV) systems: Proposed rooftop solar systems that do not require a building permit pursuant to RMC 4-5-060.E.2.c shall not be subject to the maximum height standards applied to a single-family dwelling, accessory dwelling unit, or unit-lot townhome. Reserved. SECTION V. Subsection 4-5-060.E.2.c of the Renton Municipal Code is amended as shown below. All other provisions in 4-5-060.E remain in effect and unchanged. 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. AGENDA ITEM # 9. c) ORDINANCE NO. ________ 8 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. 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. AGENDA ITEM # 9. c) ORDINANCE NO. ________ 9 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. xviii. Replacement of nonstructural siding on IRC structures except for veneer, stucco or exterior finish and insulation systems (EFIS). xix. Window and door replacement for IRC structures where openings are not increased, U-Value is .30 or less, safety glass is installed in hazardous locations, and the openable portion of egress window in bedrooms and basements are not decreased in any dimension. xx. Job shacks that are placed at a permitted job site during construction may be allowed on a temporary basis and shall be removed up on 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. xxi. Photovoltaic (PV) systems meeting all the following criteria: (a) PV system is designed and proposed for a single-family dwelling, accessory dwelling unit, or unit-lot townhome not more than three (3) stories above grade or detached accessory buildings. (b) PV system is designed for the rooftop of a house in compliance with applicable codes. (c) The mounting system is engineered and designed for PV. AGENDA ITEM # 9. c) ORDINANCE NO. ________ 10 (d) The rooftop is made from lightweight material such as a single layer of composition shingles, metal roofing, lightweight masonry, or cedar shingles. (e) PV system has an approved and issued electrical permit. (f) To address uplift, modules are mounted no higher than eighteen inches (18”) above the surface of the roofing to which they are affixed, and except for flat roofs, no portion of the system may exceed the highest point of the roof. (g) Total dead load of panels, supports, mountings, raceways, and all other appurtenances weigh no more than four (4) pounds per square foot. (h) Supports for solar panels are installed to spread the dead load across as many roof-framing members as needed to ensure that at no point are loads created in excess of fifty (50) pounds. (i) The installation shall comply with the manufacturer’s instructions. (j) A method and type of weatherproofing roof penetrations is provided. (k) The house is code compliant with setbacks and height, or the code allows the expansion of nonconformity for solar panels. (l) The PV panels are mounted no higher than the roof ridge or apex of roof (applies to only sloped roofs). AGENDA ITEM # 9. c) ORDINANCE NO. ________ 11 (m) Roof access, pathways, and spacing requirements shall be provided in accordance with IFC 1204.2 and WAC 51 -54A-1204. (n) Roof and wall penetrations will be flashed and sealed to prevent the entry of water, rodents, and insects. (o) PV modules and supporting structure will be const ructed of noncombustible materials or fire-retardant treated wood equivalent to that of required for the roof construction. (p) PV system shall be installed by a licensed contractor. SECTION VI. Upon approval of the City Attorney, the City Clerk is authorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering and references. The City Clerk is further authorized to direct the codifier to update any chapter, section, or subsection titles in the Renton Municipal Code affected by this ordinance. SECTION VII. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. SECTION VIII. This ordinance shall be in full force and effect December 20, 2022. No later than five (5) days prior to such effective date, a summary consisting of this ordinance’s title shall be published in the City’s official newspaper. AGENDA ITEM # 9. c) ORDINANCE NO. ________ 12 PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2022. ______________________________ Armondo Pavone, Mayor Approved as to form: ______________________________ Shane Moloney, City Attorney Date of Publication: ___________ ORD-CED:2205:11/8/22 AGENDA ITEM # 9. c) ORDINANCE NO. ________ 13 ATTACHMENT A 4-2-110A1 DEVELOPMENT STANDARDS FOR RESIDENTIAL ZONING DESIGNATIONS (PRIMARY STRUCTURES) RC R-1 R-4 R-6 R-8 R-10 R-14 RMF Minimum Net Density (per Net Acre)1, 2, 15 None 3 dwelling units 4 dwelling units 5 dwelling units30 7 dwelling units30 10 dwelling units30 Maximum Net Density (per Net Acre, Except per Net 10 Acres in RC)2, 14, 15 1 dwelling unit 1 dwelling unit7, 36 4 dwelling units 6 dwelling units 8 dwelling units38 10 dwelling units29 14 dwelling units29 20 dwelling units29 Maximum Number of Dwellings (per Legal Lot)2 1 dwelling with 1 accessory dwelling unit 1 dwelling with 1 accessory dwelling unit7 1 dwelling with 1 accessory dwelling unit 1 dwelling with 1 accessory dwelling unit Detached dwellings: 1 dwelling with 1 accessory dwelling unit Attached dwellings: n/a Per Maximum Net Density Minimum Lot Size2, 28, 31 10 acres 1 acre3, 32 9,000 sq. ft.32, 34 7,000 sq. ft.32, 34 5,000 sq. ft.34 Detached dwellings: 4,000 sq. ft. Attached dwellings: n/a Detached dwellings: 3,000 sq. ft. Attached dwellings: n/a n/a AGENDA ITEM # 9. c) ORDINANCE NO. ________ 14 RC R-1 R-4 R-6 R-8 R-10 R-14 RMF Minimum Lot Width31 150 ft. 100 ft.32 70 ft.32 60 ft.32 50 ft. 40 ft. 30 ft. Townhouses: 25 ft. Other Attached Dwellings: 50 ft. Minimum Lot Width31 (Corner Lots) 175 ft. 110 ft. 80 ft. 70 ft. 60 ft. 50 ft. 40 ft. Townhouses: 30 ft. Other Attached Dwellings: 60 ft. Minimum Lot Depth31 300 ft. 200 ft.3, 32 100 ft.32 90 ft.32 80 ft. 70 ft. 60 ft. Townhouses: 50 ft. Other Attached Dwellings: 65 ft. Minimum Front Yard4, 5, 31 30 ft. 30 ft.6 30 ft.6, 33 25 ft.6 20 ft. except when all vehicle access is taken from an alley, then 15 ft.39 15 ft.11, except when all vehicle access is taken from an alley, then 10 ft.39 Townhouses: 15 ft.11, except when all vehicle access is taken from an alley, then 10 ft.39 Other Attached Dwellings: 20 ft. Minimum Rear Yard4, 22, 31 35 ft. 30 ft. 25 ft.33 25 ft. 25 ft.39 15 ft.21, 39 10 ft.21, 39 Townhouses: 10 ft.13, 39 AGENDA ITEM # 9. c) ORDINANCE NO. ________ 15 RC R-1 R-4 R-6 R-8 R-10 R-14 RMF Other Attached Dwellings: 15 ft.39 Minimum Side Yard4, 31 25 ft. 15 ft. Combined 20 ft. with not less than 7.5 ft. on either side. Combined 15 ft. with not less than 5 ft. on either side. 5 ft. Detached Units: 4 ft. Attached Units: 4 ft. for unattached side(s), 0 ft. for the attached side(s).23 Detached Units: 4 ft. Attached Units: 4 ft. for unattached side(s), 0 ft. for the attached side(s).23 5 ft. for unattached side(s), 0 ft. for the attached side(s).13 Minimum Secondary Front Yard4, 5, 31 (applies to Corner Lots) 30 ft. 30 ft.6 30 ft.6, 33 25 ft.6 15 ft.11 15 ft.11 15 ft.11 Townhouses: 15 ft.11 Other Attached Dwellings: 20 ft. Maximum Building Coverage (including Primary and Accessory) 10% 20% 35% 40% 50% 55% 65% Townhouses: 70% Other Attached Dwellings: 35% A maximum coverage of 45% may be allowed through the AGENDA ITEM # 9. c) ORDINANCE NO. ________ 16 RC R-1 R-4 R-6 R-8 R-10 R-14 RMF Hearing Examiner site development plan review process. Maximum Impervious Surface Area 15% 25% 50% 55% 65% 70% 80% 75% Maximum Number of Stories 3 2 3 Maximum Wall Plate Height8, 9, 10, 12, 18, 19 32 ft. 24 ft. 24 ft., increase up to 32 ft. possible subject to administrative conditional use permit approval. Townhouses: 32 ft. Other Attached Dwellings: 32 ft., increase up to 42 ft. possible subject to administrative conditional use permit approval. Maximum Number of Units per Building2 n/a No more than 4 units per building. No more than 6 units per building. n/a AGENDA ITEM # 9. c) ORDINANCE NO. ________ 17 RC R-1 R-4 R-6 R-8 R-10 R-14 RMF Minimum Tree Density 2 significant trees per 5,000 sq. ft. See RMC 4-4-130. Attached units: 4 significant trees per 5,000 sq. ft. See RMC 4-4-130. n/a Minimum Freeway Frontage Setback 10 ft. landscaped setback from the street property line. Maximum Wireless Communication Facilities Height (including Amateur Radio Antennas) See RMC 4-4-140, Wireless Communication Facilities. Amateur radio antennas are allowed a maximum height of 6 feet without a Conditional Use Permit. Larger structures will have a maximum height determined by the Conditional Use Permit process, RMC 4-9-030, Conditional Use Permits. Design Standards See RMC 4-2-115, Residential Design and Open Space Standards. Landscaping See RMC 4-4-070, Landscaping. Exterior Lighting See RMC 4-4-075, Lighting, Exterior On-Site. Screening See RMC 4-4-095, Screening and Storage Height/Location Limitations. Exception for Pre- Existing Legal Lots See RMC 4-10-010, Nonconforming Lots. AGENDA ITEM # 9. c) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING COMMERCIAL PARKING STANDARDS FOR MIXED USE BUILDINGS IN SUBSECTION 4-4-080.F.10 OF THE RENTON MUNICIPAL CODE, AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City seeks to revise parking space standards for vertical mixed use developments; and WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on July 1, 2022, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on July 20, 2022, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect and unchanged. SECTION II. Subsection 4-4-080.F.10 of the Renton Municipal Code is amended as shown below. All other provisions in 4-4-080.F remain in effect and unchanged. AGENDA ITEM # 9. d) ORDINANCE NO. ________ 2 10. Number of Parking Spaces Required. The specified land use shall provide parking spaces as shown in the table in subsection F10d of this Section, except as provided in this Section: a. Interpretation of Standards – Minimum and Maximum Number of Spaces. i. When a maximum and a minimum range of required parking is listed in this Code, the developer or occupant is required to provide at least the number of spaces listed as the minimum requirement, and may not provide more than the maximum listed in this Code, unless exceptions are permitted as specified in this Section. ii. When a development falls under more than one category, the parking standards for the most specific category shall apply, unless specifically stated otherwise. b. Alternatives: i. Joint Parking Agreements: Approved joint use parking agreements and the establishment of a Transportation Management Plan (TMP) may be used as described in subsection E3 of this Section to meet a portion of these parking requirements. ii. Transportation Management Plans: A Transportation Management Plan (TMP) guaranteeing the required reduction in vehicle trips may be substituted in part or in whole for the parking spaces required, subject to the approval of the Department of Community and Economic Development. AGENDA ITEM # 9. d) ORDINANCE NO. ________ 3 The developer may seek the assistance of the Department of Community and Economic Development in formulating a TMP. The plan must be agreed upon by both the City and the developer through a binding contract with the City of Renton. At a minimum, the TMP will designate the number of trips to be reduced on a daily basis, the means by which the plan is to be accomplished, an evaluation procedure, and a contingency plan if the trip reduction goal cannot be met. If the TMP is unsuccessful, the developer or current property owner is obligated to immediately provide additional measures at the direction of the Department of Community and Economic Development, which may include the requirement to provide full parking as required by City standards. c. Modifications: Modification of either the minimum or maximum number of parking stalls for a specific development requires written approval from the Department of Community and Economic Development. i. A twenty-five percent (25%) reduction or increase from the minimum or maximum number of parking spaces may be granted for nonresidential uses through site plan review if the applicant can justify the modification to the satisfaction of the Administrator. Justification might include, but is not limited to, quantitative information such as sales receipts, documentation of customer frequency, and parking standards of nearby cities. ii. In order for the reduction or increase to occur the Administrator must find that satisfactory evidence has been provided by the applicant. AGENDA ITEM # 9. d) ORDINANCE NO. ________ 4 Modifications beyond twenty-five percent (25%) may be granted per the criteria and process of RMC 4-9-250D2. d. Parking Spaces Required Based on Land Use: USE NUMBER OF REQUIRED SPACES GENERAL: Mixed occupancies: (2 or 3 different uses in the same building or sharing a lot. For 4 or more uses, see “shopping center” requirements) The total requirements for off-street parking facilities shall be the sum of the requirements for the several uses computed separately, unless the building is classified as a “shopping center” as defined in RMC 4-11-190. Uses not specifically identified in this Section: Department of Community and Economic Development staff shall determine which of the below uses is most similar based upon staff experience with various uses and information provided by the applicant. The amount of required parking for uses not listed above shall be the same as for the most similar use listed below. Bicycle parking: See minimum requirements in subsection F11 of this Section. Parking in Excess of Maximum Standards: Maximum ratios for off-street parking facilities may be exceeded by up to 10% if the applicant implements low impact development techniques that reduce stormwater runoff and manages stormwater on site in a way that exceeds the requirements of surface water management in RMC 4-6-030. COMMERCIAL MIXED USES OUTSIDE OF CENTER DOWNTOWN ZONE: Commercial mixed use with 2 or 3 individual establishments (except vertical mixed use developments): The total requirement for off-street parking facilities shall be the sum of the requirements for each use computed separately. AGENDA ITEM # 9. d) ORDINANCE NO. ________ 5 USE NUMBER OF REQUIRED SPACES Shopping centers (4 or more individual commercial establishments): A minimum of 2.5 per 1,000 square feet of net floor area and a maximum of 5.0 per 1,000 square feet of net floor area. In the UC-1 and UC-2 Zones, a maximum of 4.0 per 1,000 square feet of net floor area is permitted unless structured parking is provided, in which case 5.0 per 1,000 square feet of net floor area is permitted. Drive-through retail or drive-through service uses must comply with the stacking space provisions listed below. Commercial within vertical mixed-use developments: A minimum of 2.5 per 1,000 square feet of net floor area and a maximum of 5.0 per 1,000 square feet of net floor area. In the UC-1 and UC-2 Zones, a maximum of 4.0 per 1,000 square feet of net floor area is permitted unless structured parking is provided, in which case 5.0 per 1,000 square feet of net floor area is permitted. RESIDENTIAL USES OUTSIDE OF CENTER DOWNTOWN ZONE: Detached dwellings and townhouses: A minimum of 2.0 per dwelling unit, however, 1.0 per dwelling unit may be permitted for 1 bedroom or less dwelling units. Tandem parking is allowed. In addition, if the primary structure on a site where an accessory dwelling unit (ADU) is proposed does not meet the City’s minimum parking standards, 1.0 additional off-street parking space is required to obtain approval. Cottage house developments: A minimum and maximum of 1.6 per cottage house of 3 bedrooms or greater; 1.4 per 2- bedroom cottage house; 1.0 per 1-bedroom cottage house or studio. In addition to the minimum parking stalls required, a minimum 20% of the total number of required parking spaces in the cottage house development shall be provided AGENDA ITEM # 9. d) ORDINANCE NO. ________ 6 USE NUMBER OF REQUIRED SPACES for guest parking and located in a common area accessible by guests. Manufactured homes within a manufactured home park: A minimum of 2.0 per manufactured home site, plus a screened parking area shall be provided for boats, campers, travel trailers and related devices at a ratio of 1.0 screened space per 10 units. Congregate residences: A minimum and maximum of 1.0 per sleeping room and 1.0 for the proprietor, plus 1.0 additional space for each 4 persons employed on the premises. Assisted living: A minimum and maximum of 1.0 space per residential unit of assisted living, plus dedicated parking spaces for facility fleet vehicles. Attached dwellings in RMF, R-14 and R- 10 Zones: A minimum and maximum of 1.6 per 3 bedroom or large dwelling unit; 1.4 per 2 bedroom dwelling unit; 1.0 per 1 bedroom or studio dwelling unit. In addition to the minimum parking stalls required, a minimum 10% of the total number of required parking spaces shall be provided for guest parking and located in a common area accessible by guests. Attached dwellings within all other zones: 1.0 per dwelling unit is required. A maximum of 1.75 per dwelling unit is allowed. Attached dwelling for low income: A minimum of 1.0 for each 4 dwelling units is required. A maximum of 1.75 per dwelling unit is allowed. Live-work unit, residential unit: A minimum and maximum of 1.0 per unit. Accessory dwelling unit: When accessory to a single-family residence, 1.0 per unit is required. A maximum of 2.0 per unit is allowed. AGENDA ITEM # 9. d) ORDINANCE NO. ________ 7 USE NUMBER OF REQUIRED SPACES ADUs accessory to nonresidential uses are exempt from additional parking when current parking capacity exceeds the minimum parking requirement for the primary use, otherwise 1.0 per unit is required. ADUs located within 1/4 mile of a mass transit facility, as defined in RMC 4-2-080, shall be exempt from off-street parking requirements. RESIDENTIAL USES IN CENTER DOWNTOWN ZONE: Attached dwellings: A minimum and maximum of 1.0 per unit. Attached dwellings for low income: 1.0 for every 4 dwelling units is required. A maximum of 1.75 per dwelling unit is allowed. Congregate residences: A minimum and maximum of 1.0 per 4 sleeping rooms and 1.0 for the proprietor, plus 1.0 additional space for each 4 persons employed on the premises. Assisted living: A minimum and maximum of 1.0 space per residential unit of assisted living, plus dedicated parking spaces for facility fleet vehicles. Detached dwellings (existing legal): A minimum of 2.0 per unit. COMMERCIAL ACTIVITIES OUTSIDE OF THE CENTER DOWNTOWN ZONE AND EXCEPT SHOPPING CENTERS: Drive-through retail or drive-through service: Stacking spaces: The drive-through facility shall be so located that sufficient on-site vehicle stacking space is provided for the handling of motor vehicles using such facility during peak business hours. Typically 5.0 stacking spaces per window are required unless otherwise determined by the Community and Economic Development Administrator. Stacking spaces cannot obstruct AGENDA ITEM # 9. d) ORDINANCE NO. ________ 8 USE NUMBER OF REQUIRED SPACES required parking spaces or ingress/egress within the site or extend into the public right-of-way. Banks: A minimum of 2.5 per 1,000 square feet of net floor area and a maximum of 5.0 per 1,000 square feet of net floor area except when part of a shopping center. Convalescent centers: A minimum and maximum of 1.0 for every 2 employees plus 1.0 for every 3 beds. Day care centers, adult day care (I and II): A minimum and maximum of 1.0 for each employee and 2.0 drop-off/pick-up spaces within 100 feet of the main entrance for every 25 clients of the program. Hotels and motels: A minimum and maximum of 1.0 per guest room plus 1.0 for every 3 employees. Bed and breakfast houses: A minimum and maximum of 1.0 per guest room. Mortuaries or funeral homes: A minimum and maximum of 10 per 1,000 square feet of floor area of assembly rooms. Vehicle sales (large and small vehicles) with outdoor retail sales areas: A minimum and maximum of 1.0 per 5,000 square feet. The sales area is not a parking lot and does not have to comply with dimensional requirements, landscaping or the bulk storage section requirements for setbacks and screening. Any arrangement of motor vehicles is allowed as long as: • A minimum 5-foot perimeter landscaping area is provided; • They are not displayed in required landscape areas; and • Adequate fire access is provided per Fire Department approval. AGENDA ITEM # 9. d) ORDINANCE NO. ________ 9 USE NUMBER OF REQUIRED SPACES Vehicle service and repair (large and small vehicles): A minimum and maximum of 2.5 per 1,000 square feet of net floor area. Offices, medical and dental: A minimum and maximum of 5.0 per 1,000 square feet of net floor area. Offices, general: A minimum of 2.0 per 1,000 square feet of net floor area and a maximum of 4.5 parking spaces per 1,000 square feet of net floor area. Eating and drinking establishments and taverns: A minimum and maximum of 10 per 1,000 square feet of dining area. Eating and drinking establishment combination sit-down/drive-through restaurant: A minimum and maximum of 1.0 per 75 square feet of dining area. Retail sales and wholesale retail sales: A minimum and maximum of 2.5 per 1,000 square feet of net floor area, except wholesale retail sales, which is allowed a maximum of 5.0 per 1,000 square feet of net floor area if shared and/or structured parking is provided. Retail marijuana: A minimum of 4.0 and a maximum of 5.0 per 1,000 square feet of net floor area. Services, on-site (except as specified below): A minimum and maximum of 3.0 per 1,000 square feet of net floor area. Clothing or shoe repair shops, furniture, appliance, hardware stores, household equipment: A minimum and maximum of 2.0 per 1,000 square feet of net floor area. Uncovered commercial area, outdoor nurseries: A minimum and maximum of 0.5 per 1,000 square feet of retail sales area in addition to any parking requirements for buildings. Recreational and entertainment uses: AGENDA ITEM # 9. d) ORDINANCE NO. ________ 10 USE NUMBER OF REQUIRED SPACES Outdoor and indoor sports arenas, auditoriums, stadiums, movie theaters, and entertainment clubs: A minimum and maximum of 1.0 for every 4 fixed seats or 10 per 1,000 square feet of floor area of main auditorium or of principal place of assembly not containing fixed seats, whichever is greater. Bowling alleys: A minimum and maximum of 2.0 per alley. Dance halls, dance clubs, and skating rinks: A minimum and maximum of 1.0 per 40 square feet of net floor area. Golf driving ranges: A minimum and maximum of 1.0 per driving station. Marinas: A minimum and maximum of 2.0 per 3 slips. For private marina associated with a residential complex, then 1.0 per 3 slips. Also 1 loading area per 25 slips. Miniature golf courses: A minimum and maximum of 1.0 per hole. Other recreational: A minimum and maximum of 1.0 per occupant based upon 50% of the maximum occupant load as established by the adopted Building and Fire Codes of the City of Renton. Travel trailers: A minimum and maximum of 1.0 per trailer site. COMMERCIAL ACTIVITIES WITHIN THE CENTER DOWNTOWN ZONE: Convalescent center, drive-through retail, drive-through service, hotels, mortuaries, indoor sports arenas, auditoriums, movie theaters, entertainment clubs, bowling alleys, dance halls, dance clubs, and other recreational uses: These uses follow the standards applied outside the Center Downtown Zone. Retail marijuana: A minimum of 4.0 and a maximum of 5.0 per 1,000 square feet of net floor area. AGENDA ITEM # 9. d) ORDINANCE NO. ________ 11 USE NUMBER OF REQUIRED SPACES All commercial uses allowed in the CD Zone except for the uses listed above: A maximum of 1.0 space per 1,000 square feet of net floor area, with no minimum requirement. SHOPPING CENTERS: Shopping centers (includes any type of business occupying a shopping center): A minimum of 2.5 per 1,000 square feet of net floor area and a maximum of 5.0 per 1,000 square feet of net floor area. In the UC-N1 and UC-N2 Zones, a maximum of 4.0 per 1,000 square feet of net floor area is permitted unless structured parking is provided, in which case 5.0 per 1,000 square feet of net floor area is permitted. Drive- through retail or drive-through service uses must comply with the stacking space provisions listed above. INDUSTRIAL/STORAGE ACTIVITIES: Airplane hangars, tie-down areas: Parking is not required. Hangar space or tie-down areas are to be utilized for necessary parking. Minimum and maximum parking for offices associated with hangars is 5.0 per 1,000 square feet. Manufacturing and fabrication, laboratories, and assembly and/or packaging operations: A minimum of 1.0 per 1,000 square feet of net floor area and a maximum of 1.5 spaces per 1,000 square feet of net floor area (including warehouse space). Self service storage: A minimum and maximum of 1.0 per 3,500 square feet of net floor area. Maximum of three 3.0 moving van/truck spaces is permitted. Outdoor storage area: A minimum and maximum of 0.5 per 1,000 square feet of area. Warehouses and indoor storage buildings: A minimum and maximum of 1.0 per 1,500 square feet of net floor area. PUBLIC/QUASI-PUBLIC ACTIVITIES: AGENDA ITEM # 9. d) ORDINANCE NO. ________ 12 USE NUMBER OF REQUIRED SPACES Religious institutions: A minimum and maximum of 1.0 for every 5 seats in the main auditorium; however, in no case shall there be less than 10.0 spaces. For all existing institutions enlarging the seating capacity of their auditoriums, 1.0 additional parking space shall be provided for every 5 additional seats provided by the new construction. For all institutions making structural alterations or additions that do not increase the seating capacity of the auditorium, see “outdoor and indoor sports arenas, auditoriums, stadiums, movie theaters, and entertainment clubs.” Medical institutions: A minimum and maximum of 1.0 for every 3 beds, plus 1.0 per staff doctor, plus 1.0 for every 3 employees. Cultural facilities: A minimum and maximum of 40 per 1,000 square feet. Public post office: A minimum and maximum of 3.0 for every 1,000 square feet. Secure community transition facilities: A minimum and maximum of 1.0 per 3 beds, plus 1.0 per staff member. Schools: Elementary and junior high: A minimum and maximum of 1.0 per employee. In addition, if buses for the transportation of students are kept at the school, 1.0 off-street parking space shall be provided for each bus of a size sufficient to park each bus. Senior high schools: public, parochial and private: A minimum and maximum of 1.0 per employee plus 1.0 space for every 10 students enrolled. In addition, if buses for the private transportation of children are kept at the school, 1.0 off-street AGENDA ITEM # 9. d) ORDINANCE NO. ________ 13 USE NUMBER OF REQUIRED SPACES parking space shall be provided for each bus of a size sufficient to park each bus. Colleges and universities, arts and crafts schools/studios, and trade or vocational schools: A minimum and maximum of 1.0 per employee plus 1.0 for every 3 student rooming units, plus 0.5 space for every full-time student not residing on campus. In addition, if buses for transportation of students are kept at the school, 1.0 off-street parking space shall be provided for each bus of a size sufficient to park each bus. SECTION III. Upon approval of the City Attorney, the City Clerk is authorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering and references. The City Clerk is further authorized to direct the codifier to update any chapter, section, or subsection titles in the Renton Municipal Code affected by this ordinance. SECTION IV. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. AGENDA ITEM # 9. d) ORDINANCE NO. ________ 14 SECTION V. This ordinance shall be in full force and effect December 20, 2022. No later than five (5) days prior to such effective date, a summary consisting of this ordinance’s title shall be published in the City’s official newspaper. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2022. Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD-CED: 2234: 11/8/2022 AGENDA ITEM # 9. d) CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTIONS 4-2-080.A.16, 4-2-120.B, AND 4-9-200.B OF THE RENTON MUNICIPAL CODE, TO ALLOW RESIDENTIAL DEVELOPMENT IN THE COMMERCIAL OFFICE ZONE, AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on July 1, 2022, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on July 20, 2022, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect and unchanged. SECTION II. Subsection 4-2-080.A.16 of the Renton Municipal Code is amended as shown below. All other provisions in 4-2-080.A remain in effect and unchanged. 16. Attached dwelling units may be allowed through a Planned Urban Development pursuant to RMC 4-9-150, Planned Urban Development Regulations, and in conformance with the following: AGENDA ITEM # 9. e) ORDINANCE NO. ________ 2 a. Mass Transit Facilities: At least fifty percent (50%) of the lot shall be located within one-quarter (1/4) mile (as the crow flies) of at least one of the following: i. Bus Stop: An official bus service stop that offers levels of service comparable to all of the following: (a) Service at least every ten (10) minutes during peak morning and evening travel times; (b) Fifteen (15) minute service during off-peak periods; (c) Scheduled service for late night/early mornings; and or (d) Full service seven (7) days a week. ii. Dedicated Park and Ride: A Park and Ride, as defined in RMC 4-11-160, Definitions P. iii. Commuter Rail: A passenger rail station. b. Mixed Use Building: Dwelling units shall be are allowed only within a vertically mixed use building with ground floor commercial and a minimum of eight (8) stories that is designed and developed pursuant to RMC 4- 4-150, Residential Mixed-Use Development Standards. Commercial uses on the ground floor shall be limited to retail sales, on-site services, eating and drinking establishments, taverns, daycares, preschools, indoor recreational facilities, pet daycares, craft distilleries/small wineries/micro-breweries with tasting rooms and similar uses as determined by the Administrator. AGENDA ITEM # 9. e) ORDINANCE NO. ________ 3 c. Structured Parking: Required parking for the dwelling units shall be provided entirely within an attached structured parking facility. If not provided within a structured parking garage, surface parking lots serving commercial uses shall be located to the rear and/or side of the building. d. Prohibited Locations: The lot shall not be located within one thousand feet (1,000') of an adult retail or entertainment business located within the City of Renton. e. Entitlement Process: Sites less than two (2) acres in area shall be entitled in accordance with RMC 4-9-150, Planned Urban Development Regulations. For larger sites see RMC 4-9-200, Master Plan and Site Plan Review. SECTION III. Subsection 4-2-120 of the Renton Municipal Code is amended as shown in Attachment A. SECTION IV. Subsection 4-9-200.B of the Renton Municipal Code is amended as follows: B. APPLICABILITY AND AUTHORITY: 1. Master Plan Review: Master plan review is required for all CA zoned sites two and one-half (2.5) acres or greater in area upon which residential mixed- use development is proposed, and master plan review is required for all phased development projects regardless of zone. When existing parcels are twenty-five (25) acres or smaller, a master plan incorporating all abutting lots in common ownership as of December 1, 2003, is required. When master plan review is required, such plan shall incorporate all commonly-owned abutting lots, provided AGENDA ITEM # 9. e) ORDINANCE NO. ________ 4 that the total land area of said lots do not exceed twenty-five (25) acres. Master plan review is required for: a. CA-zoned sites two and one-half (2.5) acres or greater in area upon which residential development is proposed; b. CO-zoned sites two (2) acres or greater in area upon which residential development is proposed; and c. All phased development projects regardless of zone. 2. Site Plan Review: a. When Required: Site plan review is required for all development in the IL, CO, CN, CD, CA, CV, COR, UC-1, UC-2, R-10, RMH, RM, and R-14 zones, all development within the Employment Area (EA) designation, and for the following types of development, regardless of zone: i. K-12 educational institutions. ii. Parks. iii. Outdoor recreation facilities. iv. Rental services with outdoor storage. v. Hazardous Waste Facilities: All hazardous waste treatment and storage facilities. vi. Medical institutions, assisted living, and convalescent care facilities. vii. Cottage house developments. AGENDA ITEM # 9. e) ORDINANCE NO. ________ 5 b. Optional: When specifically authorized by the development standards, site plan review may be used as a means to propose modifications to development standards for developments otherwise exempt from site plan review. 3. Authority: The Community and Economic Development Administrator shall have the authority to approve, approve with conditions, or deny proposals based on this Section when no other permit or approval requires Hearing Examiner review. SECTION V. Upon approval of the City Attorney, the City Clerk is authorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering and references. The City Clerk is further authorized to direct the codifier to update any chapter, section, or subsection titles in the Renton Municipal Code affected by this ordinance. SECTION VI. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitut ionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. SECTION VII. This ordinance shall be in full force and effect December 20, 2022. No later than five (5) days prior to such effective date, a summary consisting of this ordinance’s title shall be published in the City’s official newspaper. AGENDA ITEM # 9. e) ORDINANCE NO. ________ 6 PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2022. ______________________________ Armondo Pavone, Mayor Approved as to form: ______________________________ Shane Moloney, City Attorney Date of Publication: ___________ ORD-CED: 11.8.22 :2235 AGENDA ITEM # 9. e) ORDINANCE NO. ________ 7 ATTACHMENT A 4-2-120B DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CD, CO, & COR) CD CO COR LOT DIMENSIONS Minimum Lot Size for lots created after July 11, 19939 None 25,000 sq. ft. None Minimum Lot Width/Depth for lots created after July 11, 1993 None LOT COVERAGE Maximum Lot Coverage for Buildings None 65%19 of total lot area or 75%19 if parking is provided within the building or within a parking garage. DENSITY (Dwelling Units per Net Acre) Minimum Net Residential Density9 75 dwelling units per net acre. 75 dwelling units per net acre.22 Where a development involves residential, the minimum density shall be 30 dwelling units per net acre. The same area used for commercial and office development can also be used to calculate residential density. Where commercial and/or office areas are utilized in the calculation of density, the City may require restrictive covenants to ensure the maximum density is not exceeded should the property AGENDA ITEM # 9. e) ORDINANCE NO. ________ 8 DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CD, CO, & COR) CD CO COR be subdivided or in another manner made available for separate lease or conveyance. Maximum Net Residential Density9 150 dwelling units per net acre. Density may be increased to 200 dwelling units per net acre subject to conditional use permit approval.1, 21 150 dwelling units per net acre. Density may be increased up to 250 dwelling units per net acre subject to conditional use permit approval.1, 21 50 dwelling units per net acre.1, 21 The same area used for commercial and office development can also be used to calculate residential density. Where commercial and/or office areas are utilized in the calculation of density, the City may require restrictive covenants to ensure the maximum density is not exceeded should the property be subdivided or in another manner made available for separate lease or conveyance. SETBACKS Minimum Front Yard14,18 None Residential Mixed Use Buildings: 0 ft. Buildings less than 25 ft. in height: 15 ft.19 Buildings 25 ft. to 80 ft. in height: 20 ft.13,19 Determined through site plan review. AGENDA ITEM # 9. e) ORDINANCE NO. ________ 9 DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CD, CO, & COR) CD CO COR Buildings over 80 ft. in height: 30 ft.13,19 Maximum Front Yard18 15 ft. – for buildings, or for portions thereof, 25 ft. or less in height. None – for that portion of a building over 25 ft. in height. Residential Mixed Use Buildings: 15 ft. All Other Buildings: None Determined through site plan review. Minimum Secondary Front Yard14,18 None 0 ft.19 for Residential Mixed use Buildings 15 ft.19 – for buildings less than 25 ft. in height. 20 ft.13,19 – for buildings 25 ft. to 80 ft. in height. 30 ft.13,19 – for buildings over 80 ft. in height. Determined through site plan review. Maximum Secondary Front Yard18 15 ft. – for buildings, or for portions thereof, 25 ft. or less in height. None – for that portion of a building over 25 ft. in height. Residential Mixed Use Buildings: 15 ft.15 All Other Buildings: None Determined through site plan review. Minimum Freeway Frontage Setback 10 ft. landscaped setback from the property line. Minimum Rear Yard14,18 None, unless the ground floor facade provides windows for living rooms of attached dwellings – then 10 ft. – unless None required, except, 15 ft. if abutting a lot zoned residential. Determined through site plan review. AGENDA ITEM # 9. e) ORDINANCE NO. ________ 10 DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CD, CO, & COR) CD CO COR adjacent to an alley, then none. Additionally, if the CD lot abuts a lot zoned residential, then there shall be a 15 ft. landscaped strip or a 5 ft. wide sight-obscuring landscaped strip and a solid 6 ft. high barrier along the common boundary with an additional 5 ft. setback from the barrier. Minimum Side Yard18 None, unless the ground floor facade provides living room windows of attached dwellings – then 10 ft. – unless adjacent to an alley, then none. Additionally, if the CD lot abuts a lot zoned residential, then there shall be a 15 ft. wide landscaped strip or a 5 ft. wide sight-obscuring landscaped strip and a solid 6 ft. high barrier along the common boundary with an additional 5 ft. setback from the barrier. None required, except 15 ft. if abutting or adjacent to a residential zone. Determined through site plan review. Clear Vision Area n/a In no case shall a structure over 42 in. in height intrude into the 20 ft. clear vision area defined in RMC 4-11-030. BUILDING LIMITATIONS Maximum Gross Floor Area of Any Residential Use on a Site Limited to 25% of the total gross floor area of all buildings on site. AGENDA ITEM # 9. e) ORDINANCE NO. ________ 11 DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CD, CO, & COR) CD CO COR LANDSCAPING General See RMC 4-4-070 HEIGHT Maximum Building Height 95 ft. Heights may exceed the Zone’s maximum height with a conditional use permit.6 250 ft.6 10 stories and/or 125 ft.6 Maximum Building Height When a Lot Is Abutting a Lot Designated as Residential 20 ft. more than the maximum height allowed in the abutting residential zone. Heights may exceed the maximum height with a Hearing Examiner conditional use permit.6 20 ft. more than the maximum height allowed in the abutting residential zone.6 Determined through site plan review. Maximum Height for Wireless Communication Facilities6, 9 See RMC 4-4-140 SCREENING Minimum Required for Outdoor Loading, Repair, Maintenance, Storage or Work Areas; Surface-Mounted Utility and Mechanical Equipment; Roof Top Equipment (Except for Telecommunication Equipment) See RMC 4-4-095 Refuse or Recycling See RMC 4-4-090 AGENDA ITEM # 9. e) ORDINANCE NO. ________ 12 DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CD, CO, & COR) CD CO COR PARKING AND LOADING General See RMC 4-4-080 and RMC 10-10-13 See RMC 4-4-080 and RMC 10- 10-13. Direct arterial access to individual structures shall occur only when alternative access to local or collector streets or consolidated access with adjacent uses is not feasible. Required Location for Parking All parking shall be provided in the rear portion of the site, with access taken from an alley, where available. Surface parking shall not be located between a building and a street. Parking may be located off-site subject to a joint parking requirement. n/a PEDESTRIAN ACCESS General n/a A pedestrian connection shall be provided from a public entrance to the street, unless the Reviewing Official determines that the requirement would unduly endanger the pedestrian. Determined through site plan review. SIGNS General See RMC 4-4-100 AGENDA ITEM # 9. e) ORDINANCE NO. ________ 13 DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CD, CO, & COR) CD CO COR LOADING DOCKS Location For permitted manufacturing and fabrication uses, parking, docking and loading areas for truck traffic shall be off-street and screened from view of abutting public streets. Not permitted on the side of the lot adjacent or abutting to a lot zoned residential.3 Determined through site plan review. DUMPSTER/RECYCLING COLLECTION AREA Size and Location of Refuse or Recycling Areas See RMC 4-4-090 CRITICAL AREAS General See RMC 4-3-050 and 4-3-090 SPECIAL DEVELOPMENT STANDARDS Design Regulations See RMC 4-3-100, Urban Design Regulations Design District D of RMC 4-3-100, Urban Design Regulations, shall apply to all residential mixed use buildings. Urban Design Regulations are not applicable to other buildings. See RMC 4-3-100, Urban Design Regulations. Upper Story Setbacks None, unless adjacent to and facing a residentially zoned lot or if the facade contains living room windows – then 10 ft. for the second story and 15 ft. for all Residential mixed use buildings: buildings or portions of buildings that exceed one hundred feet (100') in height shall include upper story setbacks as follows: The minimum setback for a seventh Buildings or portions of buildings that exceed fifty feet (50') in height shall include upper story setbacks as follows: The minimum setback for a fifth story and succeeding stories AGENDA ITEM # 9. e) ORDINANCE NO. ________ 14 DEVELOPMENT STANDARDS FOR COMMERCIAL ZONING DESIGNATIONS (CD, CO, & COR) CD CO COR upper stories. Also, see RMC 4-3- 100, Urban Design Regulations (7th) story and succeeding stories shall be ten feet (10') minimum from the preceding story, applicable to each story, or an equivalent standard that adds interest and quality to the building. shall be ten feet (10') minimum from the preceding story, applicable to each story or an equivalent standard that adds interest and quality to the building. Roofline and Facade Modulation See RMC 4-3-100, Urban Design Regulations Residential mixed use buildings: buildings shall provide vertical and horizontal modulation of roof lines and facades of not less than two feet (2') at a minimum interval of forty feet (40') per building face, or an equivalent standard that adds interest and quality to the building. Buildings shall provide vertical and horizontal modulation of roof lines and facades of not less than two feet (2') at a minimum interval of forty feet (40') per building face, or an equivalent standard that adds interest and quality to the building. AGENDA ITEM # 9. e) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SUBSECTIONS 4-4-040.E.2, 4-4-040.F, AND 4-4-040.G OF THE RENTON MUNICIPAL CODE; AMENDING PROCEDURES AND APPLICABILITY FOR VARIATION FROM FENCE OR HEDGE STANDARDS, AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the purpose of the proposed code amendment is to revise RMC 4 -4-040, Fences, Hedges, and Retaining Walls, to ensure that the Special Administrative Fence Permit is used for proposals of an appropriate scale and all other requests are reviewed through an Administrative Variance; and WHEREAS, with this Ordinance, the City seeks to revise RMC 4-4-040, Fences, Hedges, and Retaining Walls, to introduce an applicability for Special Administrative Fence Permits and to provide clarity on review process; and WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on July 1, 2022, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on July 20, 2022, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: AGENDA ITEM # 9. f) ORDINANCE NO. ________ 2 SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect and unchanged. SECTION II. Subsection 4-4-040.E.2 of the Renton Municipal Code is amended as shown below. All other provisions in 4-4-040.E remain in effect and unchanged. 2. Additional Height Limitations in Commercial Zones: a. Front Yard: Fences, hedges, or retaining walls shall not exceed forty eight forty-eight inches (48") in height within fifteen feet (15') of the front yard property line. In no case shall a fence, hedge, or retaining wall exceed forty -two inches (42") in height in any part of the clear vision area as defined by RMC 4-11- 030, Definitions C. b. Secondary Front Yard: Fences, hedges, or retaining walls shall not exceed forty eight forty-eight inches (48") in height within fifteen feet (15') of the secondary front yard property line. In no case shall a fence, hedge, or retaining wall exceed forty-two inches (42") in height in any part of the clear vision area as defined by RMC 4-11-030, Definitions C. c. Rear Yard: Fences, hedges, or retaining walls shall not exceed forty eight forty-eight inches (48") in height within fifteen feet (15') of a rear yard property line that abuts a public street. AGENDA ITEM # 9. f) ORDINANCE NO. ________ 3 SECTION III. Subsection 4-4-040.F of the Renton Municipal Code is amended as follows: F. VARIATION FROM FENCE OR HEDGE STANDARDS: 1. Unless otherwise determined through the site plan review or subdivision review process, a A property owner wishing proposing to vary the standards for a fence or hedge on a lot with special circumstances may submit a written application to the Department for a special administrative fence permit or a variance administrative review. Requests shall be evaluated as follows: a. A special administrative fence permit application shall be evaluated for any proposal to increase a permitted fence or hedge height allowa nce from forty-eight inches (48”) up to seventy-two inches (72”) within the setbacks of front yards, secondary front yards, or rear yards abutting a public or private street and/or proposals to modify fence height exception criteria set forth in subsection D2e of this section. The written application shall include a letter of justification, site plan, and typical elevation, together with the current permit fee. The Department’s staff shall review the application and prepare a written AGENDA ITEM # 9. f) ORDINANCE NO. ________ 4 determination based upon criteria listed in subsection G of this Section, Special Administrative Fence Permits. b. A Variance application shall be evaluated for any proposed fence or hedge greater than seventy-two inches (72”) in height anywhere within a residential zone or within fifteen feet (15’) of the property lines of a front yard, secondary front yard, or rear yard abutting a public street in any commercial zone. A Variance is also required for any proposed fence or hedge greater than eight feet (8’) in height within commercial and industrial zones. No separate special fence permit is required for a development proposal which requires site plan review or subdivision review process, provided variations were permitted though these processes. 2. Clear Vision Area: The fence proposed for special permits shall have no portion in the clear vision area over forty-two inches (42") in height. The location and height of the fence must not obstruct views of oncoming traffic, or views from driveways. SECTION IV. Subsection 4-4-040.G of the Renton Municipal Code is amended as follows: G. SPECIAL ADMINISTRATIVE FENCE PERMITS: 1. Applicability: Proposals on lots with special circumstances, such as corner lots or lots with multiple street frontages, that seek to modify residential height limitations within setbacks, residential fence height exception for secondary front yard setbacks and rear yard setbacks abutting a street criteria, or additional height limitations in commercial zones may apply for a special AGENDA ITEM # 9. f) ORDINANCE NO. ________ 5 administrative fence permit. Special lot circumstances may include lot orientation, multiple street frontages or other circumstances as det ermined by the Administrator. 21. Evaluation Criteria: The Administrator may approve the issuance of special fence permits; provided, that the following criteria can be met: a. The proposed fence or hedge is not out of character with the surrounding neighborhood; b. The proposed fence or hedge does not detract from the quality of the environment by being out of scale or creating vast blank walls along public roadways; c. The proposed fence or hedge complements the environment it serves in an aesthetically pleasing manner; and d. The proposed fence or hedge does not present a hazard to vehicular or pedestrian traffic; and e. The proposed fence or hedge is necessary due to special lot circumstances. 32. Acceptable Measures to Meet Criteria: Acceptable measures to achieve these criteria include, but are not limited to, the following: a. Permanent landscaping along the front of the fence; b. Quality fence material, such as cedar fencing; c. Modulation of the fence; AGENDA ITEM # 9. f) ORDINANCE NO. ________ 6 d. Similar design and material as other fences in the surrounding neighborhood; e. Increased setbacks from the abutting sidewalk; f. Ornamental materials or construction treatment, such as wrought iron; g. Orientation of the finished face of the fence toward the street; h. The fence is at least fifty percent (50%) transparent; and i. Other comparable construction or design methods. 3. Clear Vision Area: The fence proposed for special permits shall have no portion in the clear vision area over forty two inches (42") in height. The location and height of the fence must not obstruct views of oncoming traffic, or views from driveways. SECTION V. Upon approval of the City Attorney, the City Clerk is authorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering and references. The City Clerk is further authorized to direct the codifier to update any chapter, section, or subsection titles in the Renton Municipal Code affected by this ordinance. SECTION VI. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. AGENDA ITEM # 9. f) ORDINANCE NO. ________ 7 SECTION VII. This ordinance shall be in full force and effect December 20, 2022. No later than five (5) days prior to such effective date, a summary consisting of this ordinance’s title shall be published in the City’s official newspaper. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2022. Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD-CED: 11/8/2022: 2241 AGENDA ITEM # 9. f) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ADDRESSING THE PERMISSIBILITY OF SMOKING LOUNGES CITYWIDE BY AMENDING SUBSECTION 4-2-060.J, 4-11-160, AND 4-11-190 OF THE RENTON MUNICIPAL CODE, AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, this matter was duly referred to the Planning Commission for investigation and study, and the matter was considered by the Planning Commission; and WHEREAS, pursuant to RCW 36.70A.106, on August 12, 2022, the City notified the State of Washington of its intent to adopt amendments to its development regulations; and WHEREAS, the Planning Commission held a public hearing on September 7, 2022, considered all relevant matters, and heard all parties in support or opposition, and subsequently forwarded a recommendation to the City Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect and unchanged. SECTION II. Subsection 4-2-060.J of the Renton Municipal Code is amended as shown in Attachment A. All other provisions in 4-2-060 remain in effect and unchanged. SECTION III. Section 4-11-160 of the Renton Municipal Code is amended as follows: PARCEL: A unit of land created specifically for the purpose of tax collection. AGENDA ITEM # 9. g) ORDINANCE NO. ________ 2 PARENT SITE: (This definition for RMC 4-7-090, Unit Lot Subdivision, only.) The aggregate of all land (irrespective of existing or future unit lots, tracts, or other distinct properties) within the boundaries of the original lot(s) subject to a unit lot subdivision within which townhouses exist or are proposed, and the land underlying the townhouses subdivided so that each townhouse dwelling unit is located on a unit lot. PARK: For purposes of the application of setback requirements for uses regulated by the provisions of RMC 4-3-010, a “park” is defined as a tract of land provided by a unit of government to meet the active and/or passive recreational needs of people. PARK AND RIDE, DEDICATED: A surface parking lot or structured parking garage used for parking of vehicles for commuters using any form of transit or ridesharing. This definition excludes commercial or public surface parking and commercial or public structured parking garages. PARK AND RIDE, SHARED-USE: A pre-existing parking lot or structured parking garage created for purposes other than commuter parking that has specific numbers of spaces or an entire lot or garage leased to a transit authority to allow commuters to park their vehicles to use any form of transit or ridesharing. This definition excludes dedicated park and rides, commercial or public surface parking, and commercial or public structured parking garage. PARK, COMMUNITY/REGIONAL: Larger than neighborhood parks, these are designed for organized activities and sports, although individual and family AGENDA ITEM # 9. g) ORDINANCE NO. ________ 3 activities are also encouraged. Where there are no neighborhood parks, the community or regional park can serve this function. Larger parks often include one specific use or feature that makes the park unique. This definition includes but is not limited to community and regional parks as defined by the City of Renton Parks Plan, trails for nonmotorized travel, and accessory uses normal and incidental to parks. PARK, NEIGHBORHOOD: A combination playground and park designed primarily for nonsupervised, nonorganized recreation activities. They are generally small in size. This definition includes but is not limited to community gardens and other accessory uses normal and incidental to parks. PARKING, BICYCLE: An off-street space intended for the use of bicycle storage, which includes a bicycle rack or similar facility that allows one to lock a bicycle in place. PARKING GARAGE, STRUCTURED, COMMERCIAL OR PUBLIC: A building or structure which may be located above or below ground, with stalls accessed via interior aisles, and used for temporary storage of motor vehicles. Structured parking can be a stand-alone use or a part of a building containing other uses. This definition excludes dedicated park and rides, shared-use park and rides, and commercial or public surface parking. PARKING MODULE: A parking area that meets maximum physical dimensions as delineated in the Urban Center Design Overlay regulations. AGENDA ITEM # 9. g) ORDINANCE NO. ________ 4 PARKING, OFF-SITE: Parking for a particular land use on land separate from the land on which the use occurs. The use for parking is subject to a lease or other agreement ensuring the perpetual use of the off-site land for parking. PARKING SPACE or PARKING STALL: A parking space is any off-street space intended for the use of temporary vehicular storage for durations of less than seventy-two (72) hours with ingress and egress to the space easily identifiable. Included in this definition are the permanent surface, striping, landscaping and other features required by RMC 4-4-080. PARKING, SURFACE, COMMERCIAL OR PUBLIC: Open lots or grounds with at- grade parking improvements. This definition excludes dedicated park and rides, shared-use park and rides, and commercial and public structured parking garages. PARKING, TANDEM: The parking of one motor vehicle behind another, in a space two (2) car lengths long, but only one car length wide. PARTY OF RECORD: Party of record means: 1. The permit applicant and the owner of property subject to the land u se decision; 2. The appellant (if different than the permit applicant); 3. The City (if different than the appellant); or 4. Any person who provided a complete name and address (either physical address or email address) and testified during the open record public hearing, either verbally or in writing, on the application and/or any person who submitted AGENDA ITEM # 9. g) ORDINANCE NO. ________ 5 written comments during administrative review, excluding persons who have only signed petitions or mechanically produced form letters. PARTY OF RECORD: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) All persons, agencies or organizations who have submitted written comments in response to a notice of application prior to the close of the public hearing or during the administrative review; made oral comments in a formal public hearing conducted on the application; or notified local government of their desire to receive a copy of the final decision on a permit and who have provided an address for delivery (either physical address or email address) of such notice by mail. PASSIVE RECREATION: See RECREATION, PASSIVE. PAVED: Surfaced with a hard, smooth surface, usually consisting of concrete or asphalt underlain by a subgrade of crushed rock. PAVEMENT WIDTH: Width of paved driving and parking surface, including street gutters as measured from face of curb to face of curb, or from edge of pavement where there are no curbs. PEAK DISCHARGE: The maximum surface water runoff rate (cfs) at point of discharge, determined from the design storm frequency. PEDESTRIAN CORRIDORS: Areas designated in the Comprehensive Plan as primary routes for pedestrian use to connect sub-areas of the City or regional trail systems, and to provide access to public facilities. AGENDA ITEM # 9. g) ORDINANCE NO. ________ 6 PEDESTRIAN-ORIENTED DEVELOPMENT/STREET: Development on a pedestrian- oriented street is encouraged through master planning, building location and design guidelines and typically meets the following criteria: 1) buildings in scale with the street, one to two (2) stories along residential/minor collectors and three (3) or more stories along primary and secondary arterials, 2) buildings located close to the street/walkway, 3) at least one pedestrian entry oriented to the street, and 4) clearly identified sidewalks and/or grade separated walkways. PEDESTRIAN-ORIENTED FACADE: Facades featuring characteristics that make them attractive to pedestrians, including transparent window area or window displays along the ground floor facade, primary building entry, and overhead weather protection along at least seventy five percent (75%) of the facade. PEDESTRIAN-ORIENTED SPACE: A publicly accessible space that includes elements such as visual and pedestrian access to abutting structures, paved walking surfaces of either concrete or unit paving, on-site or building-mounted lighting, and public seating areas. PEDESTRIAN-ORIENTED STREET: See STREET, PEDESTRIAN-ORIENTED. PEDESTRIAN-ORIENTED USE: Businesses typically frequented by and conveniently located for use by pedestrians. PERENNIAL: Waters which flow continuously. PERFORMANCE BOND OR GUARANTEE: That security which may be accepted in lieu of a requirement that certain improvements be made before approval of the AGENDA ITEM # 9. g) ORDINANCE NO. ________ 7 final plat, including performance bonds, escrow agreements, and other similar collateral or surety agreements. PERMANENT SUPPORTIVE HOUSING: Consistent with RCW 36.70A.030, subsidized, leased dwelling units with no limit on length of stay that prioritizes people who need comprehensive support services to retain tenancy and utilizes admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing, especially related to rental history, criminal history, and personal behaviors. Permanent supportive housing is paired with on-site or off-site voluntary services designed to support a person living with a complex and disabling behavioral health or physical health condition who was experiencing homelessness or was at imminent risk of homelessness prior to moving into housing to retain their housing and be a successful tenant in a housing arrangement, improve the resident's health status, and connect the resident of the housing with community-based health care, treatment, or employment services. Permanent supportive housing is subject to all of the rights and responsibilities defined in Chapter 59.18 RCW. PERMIT, SHORELINE: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) Any substantial development, variance, conditional use permit, or revision authorized under chapter 90.58 RCW. PERMITTED USES: See USES, PERMITTED. PERSON: Any person, individual, public or private corporation, firm, association, joint venture, partnership, municipality, government agency, political subdivision, AGENDA ITEM # 9. g) ORDINANCE NO. ________ 8 public officer, owner, lessee, tenant, other legal entity, or any other entity whatsoever or any combination of such, jointly or severally. PERVIOUS SURFACE: Any surface material that allows stormwater to infiltrate into the ground. Examples include lawn, landscape, pasture, and native vegetation areas. Note for purposes of Surface Water Design Manual (RMC 4-6-030) threshold determination and runoff volume modeling for detention and treatment, vegetated roofs and permeable pavements are to be considered impervious surfaces along with lawns, landscaping, sports fields, golf courses, and other areas that have modified runoff characteristics resulting from the addition of underdrains. PET DAY CARE: A commercial facility where four (4) or more dogs or other household pet animals are left by their owners for periods of supervision during the hours the facility is open to the public (i.e., business hours). PETS, HOUSEHOLD: Animals that are generally kept as part of a household and for the purpose of companionship. These animals are to include: dogs, cats, rabbits, caged indoor birds, small rodents, nonvenomous reptiles and amphibians weighing less than ten (10) pounds, and others of similar size and characteristics as approved by the Planning Director. PIER: A general term including docks and similar structures consisting of a fixed or floating platform extending from the shore over the water. This definition does not include overwater trails. AGENDA ITEM # 9. g) ORDINANCE NO. ________ 9 PIPELINE: Buried pipe systems (including all pipe, pipe joints, fittings, valves, manholes, sumps, and appurtenances that are in contact with the substance being transported) utilized for the conveyance of hazardous materials. Pipelines include, but are not limited to, sanitary sewers, side sewers, storm sewers, leachate pipelines, and product pipelines. PLANNED UNIT DEVELOPMENT: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) Special contractual agreement between the developer and a governmental body governing development of land. PLANNED URBAN DEVELOPMENT (PUD): Any development approved and developed in accordance with the terms of RMC 4-9-150, including a subdivision of such land, which development may occur at one time or in phases. PLANNING COMMISSION: That body as defined in chapters 35.63, 35A.63, or 36.70 RCW as designated by the legislative body to perform a planning function or that body assigned such duties and responsibilities under a city or county charter. PLANNING DIRECTOR: The individual under the direction of the Community and Economic Development Administrator who plans, organizes, coordinates and directs the City’s Planning Division, including the development and adoption of the City’s Comprehensive Plan, zoning, and development regulations, or designee. Additionally, the Planning Director is responsible for application and enforcement of the City’s zoning, shoreline management, and environmental ordinances, review and processing of all land use subdivision permit applications. AGENDA ITEM # 9. g) ORDINANCE NO. ________ 10 PLANT ASSOCIATIONS OF INFREQUENT OCCURRENCE: One or more plant species in a landform type that, because of the rarity of the habitat or the species involved, or both, or for other botanical or environmental reasons, do not often occur in King County. PLANTING STRIP: That part of a street right-of-way between the abutting property line and the curb or traveled portion of the street, exclusive of any sidewalk. PLAT: A map or representation of a subdivision, showing thereon the division of a parcel of land into lots, blocks, streets, and alleys or other division and dedications. PLAT, FINAL: The final drawing of a subdivision and dedication prepared for filing for record with the County Auditor and containing all elements and requirements set forth in this Title and chapter 58.17 RCW. PLAT, PRELIMINARY: A drawing of a proposed subdivision of land into ten (10) or more individual lots showing the general layout of streets and alleys, lots, blocks, and other elements of a subdivision consistent with the requirements of the City subdivision regulations and chapter 58.17 RCW. The preliminary plat shall be the basis for the approval or disapproval of the general layout of a subdivision. PLAT, SHORT: The division or redivision of land into nine (9) or fewer lots, tracts, parcels, sites, or divisions for the purpose of sale, lease or transfer of ownership. POTABLE WATER: See RMC 4-6-100. POTENTIAL ANNEXATION AREAS: Areas within the Urban Growth Area that have been designated for annexation to the City within the twenty (20) year planning AGENDA ITEM # 9. g) ORDINANCE NO. ________ 11 horizon by agreement with King County as required by the Countywide Planning Policies and the Growth Management Act. POTW: See RMC 4-6-100. PREAPPLICATION MEETING: A conference held with a project applicant and City representative(s) in advance of the proposed land use project application. During the conference, the City representative(s) inform the applicant of applicable policies, plans, and requirements as they apply to the proposed development project. PRELIMINARY APPROVAL: The official favorable action taken on the preliminary plat of a proposed subdivision, metes and bounds description, or dedication, by the Hearing Examiner following a duly advertised public hearing. PRELIMINARY PLAT: See PLAT, PRELIMINARY. PRESCHOOL: Nursery schools or kindergartens which are engaged primarily in educational work with children and in which no child is enrolled on a regular basis for more than four (4) hours per day. PRESSURE VACUUM BREAKER: See RMC 4-6-100. PRIMARY CONTAINMENT: See RMC 4-5-120G. PRIORITY HABITAT AND SPECIES: Habitats and species of importance and concern as identified by the Washington State Department of Wildlife Priority Habitat and Species Program. “Priority habitats” are habitat types with unique or significant value to many species. An area classified and mapped as priority habitat must have one or more of the following attributes: AGENDA ITEM # 9. g) ORDINANCE NO. ________ 12 1. Comparatively high fish and wildlife density. 2. Comparatively high fish and wildlife species diversity. 3. Important fish and wildlife breeding habitat. 4. Important fish and wildlife seasonal ranges. 5. Important fish and wildlife movement corridors. 6. Limited availability. 7. High vulnerability to habitat alteration. 8. Unique or dependent species. “Priority species” are fish and wildlife species requiring protective measures and/or management guidelines to ensure their perpetuation. PRIVATE CLUB, FRATERNAL ORGANIZATION: An association of persons organized for some common purpose, including civic, professional, social, trade, fraternal, and other similar organizations, but not including groups organized primarily to render a service which is customarily carried on as a busine ss. This definition excludes smoking lounges. PRIVATE HYDRANT: A fire hydrant situated and maintained to provide water for firefighting purposes with restrictions as to use. The location may be such that it is not readily accessible for immediate use by the fire authority for other than certain private property. PRODUCT TIGHT: See RMC 4-5-120G. PROJECTION: The distance by which a sign extends over public property or beyond the building line. AGENDA ITEM # 9. g) ORDINANCE NO. ________ 13 PROPERTY OWNERS’ ASSOCIATION: See HOMEOWNERS’ ASSOCIATION. PROPONENT: See APPLICANT. PUBLIC ACCESS: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) A means of physical approach to and along the shoreline available to the general public. This may also include visual approach. PUBLIC AQUATIC LANDS: Land managed by the Washington State Department of Natural Resources (DNR) located inside the designated inner harbor line. PUBLIC FACILITIES: Publicly owned, operated, or leased land and the public facilities and/or uses contained therein, such as streets, roads, highways, sidewalks, street lighting systems, traffic signals, domestic water systems, storm and sanitary sewer systems, park and recreation facilities, schools, and public buildings. Public facilities do not include private structure s or uses located on or utilizing public land or facilities (e.g., privately owned and operated Wireless Telecommunication Facility located on leased public land). PUBLIC INTEREST: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) The interest shared by the citizens of the State or community at large in the affairs of government, or some interest by which their rights or liabilities are affected including, but not limited to, an effect on public property or on health, safety, or general welfare resulting from a use or development. PUBLICLY OWNED TREATMENT WORKS: See RMC 4-6-100. AGENDA ITEM # 9. g) ORDINANCE NO. ________ 14 PUBLIC WORKS ADMINISTRATOR: The Administrator of the Public Works Department or designee. SECTION IV. Section 4-11-190 of the Renton Municipal Code is amended as follows: SALES/MARKETING TRAILERS, ON-SITE: Trailers used for temporary on-site sales and marketing of developments and/or construction sites. SALMONID MIGRATION BARRIER: An in-stream blockage that consists of a natural drop (no human influence) with an uninterrupted slope greater than one hundred percent (100%) (forty five (45) degree angle) and a height in excess of eleven (11) vertical feet within anadromous salmon-bearing waters or a height in excess of three (3) vertical feet within resident trout-only bearing waters. Human- made barriers to salmonid migration (e.g., culverts, weirs, etc.) shall be considered barriers to salmonid migration by this definition, only if they were lawfully installed; permanent; present a complete barrier to salmonid passage based on hydraulic drop, water velocity, water depth, or any other feature which would prevent all salmonids from passing upstream; and in the opinion of the Community and Economic Development Administrator cannot be modified to provide salmonid passage without resulting in significant impacts to other environmental resources, major transportation and utility systems, or to the public, and would have significant expense. For the purposes of this defi nition, “significant expense” means a cost equal to or greater than fifty percent (50%) of the combined value of the proposed site buildings, structures, and/or site AGENDA ITEM # 9. g) ORDINANCE NO. ________ 15 improvements, and existing buildings, structures, and/or site improvements to be retained. SCHOOLS/STUDIOS, ARTS AND CRAFTS: Schools and studios for education in various arts and crafts including but not limited to photography, dance, music, and language skills. SCOUR: The erosive action of running water in streams, which excavates and carries away material from the bed and banks. Scour may occur in both earth and solid rock material. SECONDARY CONTAINMENT: See RMC 4-5-120G. SECURE COMMUNITY TRANSITION FACILITY (SCTF): A residential facility for persons civilly committed and conditionally released to a less restrictive alternative under chapter 71.09 RCW. A secure community transition facility has supervision and security, and either provides or ensures the provision of sex offender treatment services. Secure community transition facilities include but are not limited to the facilities established pursuant to RCW 71.09.250 and any community-based facilities established under chapter 71.09 RCW and operated by or under contract with the Washington State Department of Social and Health Services. (Ord. 4982, 9-23-2002) SEGREGATION: Division of land into lots or tracts each of which is one -one hundred twenty eighth (1/128) of a section of land or larger, or five (5) acres or larger if the land is not capable of description as a fraction of a section of land. SENSITIVE AREAS: See CRITICAL AREAS. AGENDA ITEM # 9. g) ORDINANCE NO. ________ 16 SEPA: The State Environmental Policy Act of 1971 (chapter 43.21C RCW). SERVICEABLE: Presently usable. SERVICES, OFF-SITE: Establishments primarily engaged in providing individual or professional services at the customer’s home or place of business. Examples of off-site services include, but are not limited to, temporary employment services, janitorial services, and professional house cleaner services. This definition excludes social service organizations and on-site services. SERVICES, ON-SITE: Establishments primarily engaged in providing individual or professional services within the place of business, such as beauty and barber shops, retail laundry and dry-cleaning including coin-operated, garment alterations and repair, photo studios, shoe repair, pet grooming, real estate offices, personal accountants, indoor rental services, and repair of personal or household items, except for vehicle repair. This definition excludes adult retail uses, social service organizations, and off-site services. SETBACK: The minimum required distance between the building footprint and the property line and any private access easement or tract. For lots containing private access easements, setbacks are the minimum required distance between the building footprint and the easement. A setback is measured perpendicularly from a lot line or private easement access to the outer wall of the structure. In the case where a structure does not have an outer wall, such as a carpo rt, the measurement shall be to the posts of such structure, unless otherwise determined by the Department of Community and Economic Development. AGENDA ITEM # 9. g) ORDINANCE NO. ________ 17 SETBACK: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) A required land area specified in the Shoreline Master Program, measured horizontally upland from and perpendicular to the Vegetation Conservation Buffer within which no buildings or other permanent structures may be constructed and that serves to protect the vegetation con servation buffer during development activities, use, and routine maintenance of structures and improvements landward of the building setback. SETBACK LINE, LEGAL: The line established by ordinance beyond which no building may be built. SEWAGE: See RMC 4-6-100. SEWAGE DISPOSAL AND TREATMENT PLANTS: A facility designed for the collection, removal, treatment, and disposal of waterborne sewage. This definition excludes disposal facilities. SEWAGE TREATMENT PLANT: See RMC 4-6-100. SEWAGE WORKS: See RMC 4-6-100. SEWER: See RMC 4-6-100. SEWER, BUILDING: See RMC 4-6-100. SEWER, PUBLIC: See RMC 4-6-100. SEWER, SANITARY: See RMC 4-6-100. SHARED PARKING: Use of a parking area for more than one use. SHOPPING CENTER: A group of buildings, structures and/or uncovered commercial areas, or a single building containing four (4) or more individual AGENDA ITEM # 9. g) ORDINANCE NO. ________ 18 commercial establishments, planned, developed and managed as a unit related in location and type of shops to the trade areas that the unit serves. SHORELAND or SHORELAND AREAS: Those lands extending landward for two hundred feet (200') in all directions, as measured on a horizontal plane from ordinary high water mark; floodways and contiguous floodplain areas landward two hundred feet (200') from such floodways; and all marshes, bogs, swamps, and river deltas, associated with streams, lakes and tidal waters which are subject to the provisions of the State Shorelines Management Act. For purposes of determining jurisdictional area, the boundary will be either two hundred feet (200') from the ordinary high water mark, or two hundred feet (200') from the floodway, whichever is greater. SHORELINE STABILIZATION: Structural and nonstructural methods to address erosion impacts to property and dwellings, businesses, or structures caused by natural processes, such as currents, floods, tides, wind, or wave action. SHORELINES: All of the water areas of the State regulated by the City of Renton, including reservoirs, and their associated shorelands, together with the lands underlying them, except: 1. Shorelines of statewide significance. 2. Shorelines on segments of streams upstream of a point where the mean annual flow is twenty (20) cubic feet per second or less and the wetlands associated with such upstream segments. AGENDA ITEM # 9. g) ORDINANCE NO. ________ 19 3. Shorelines on lakes less than twenty (20) acres in size and wetlands associated with such small lakes. SHORELINES OF STATEWIDE SIGNIFICANCE: Those shorelines described in RCW 90.58.030(2)(e). SHORELINES OF THE STATE: The total of all “shorelines” and “shorelines of statewide significance” regulated by the City of Renton. SHORT PLAT: The map or representation of a short subdivision. See PLAT, SHORT. SHORT SUBDIVISION: See PLAT, SHORT. SIDE SEWER: See RMC 4-6-100. SIDE SEWER STUB: See RMC 4-6-100. SIDE YARD: See YARD REQUIREMENT. SIDEWALK: A concrete walkway separated from the roadway by a curb, planting strip or roadway shoulder. SIGHT TRIANGLE: See CLEAR VISION AREA. SIGN: Any medium, including merchandise, its structure and component parts, that is used or intended to be used to attract attention to the subject matter for advertising purposes. Signs do not include sculptures, wall paintings, murals, AGENDA ITEM # 9. g) ORDINANCE NO. ________ 20 collages, and other design features determined to be public art by the City. SIGN, A-FRAME: See SIGN, PORTABLE. SIGN, ANIMATED: A sign with action or motion, flashing or color changes requiring electrical energy, electronic or manufactured source of supply, but not including revolving signs or wind actuated elements such as flags or banners. SIGN AREA: A measurement of the total area of a sign visible from any one viewpoint or direction, excluding the sign support structure, architectural embellishments, or, framework that contains no written copy, or does not form part of the sign proper or of the display. Freestanding letters or characters, where no background is specially provided, shall be measured by determining the smallest rectangle or polygon that encloses the extreme limits of the shapes to be used. SIGN, COMBINATION: Any sign incorporating any combination of the features of pole, projecting and roof signs. AGENDA ITEM # 9. g) ORDINANCE NO. ________ 21 SIGN, ELECTRIC: Any sign containing or utilizing electrical wiring, but not including signs illuminated by an exterior light source. SIGN, ELECTRONIC MESSAGE BOARD: Signs whose alphabetic, pictographic, or symbolic informational content can be changed or altered on a fixed display screen composed of electrically illuminated segments. SIGN, FREESTANDING: A sign wholly supported by a sign structure in the ground. SIGN, GROUND: A type of freestanding sign, other than a freestanding pole sign, in which the sign is in contact with or close to the ground, has a solid base anchor, and is independent of any other structure. SIGN HEIGHT: Measured as the distance from grade, unless otherwise designated, to the top of the sign or sign structure. SIGN, ON-PREMISES: A sign which displays only advertising copy strictly incidental to the lawful use of the premises on which it is located, including signs or sign devices indicating the business transacted at, services rendered, goods sold or produced on the immediate premises, name of the business, person, firm or corporation occupying the premises. SIGN, POLITICAL: Signs advertising a candidate or candidates for public, elective office or a political party, or signs urging a particular vote or action on a public issue decided by ballot whether partisan or nonpartisan. SIGN, PORTABLE: A sign not permanently affixed which is designed for or capable of movement, except for those signs explicitly designed for people to carry on their persons or which are permanently affixed to motor vehicles. AGENDA ITEM # 9. g) ORDINANCE NO. ________ 22 A. Sign, A-Frame: A nonilluminated type of portable sign comprised of hinged panels configured in the shape of the alphabetic letter “A.” These signs contact the ground but not are not anchored to the ground and are independent of any other structure. SIGN, PRIMARY ENTRY: A type of freestanding sign, other than a pole sign, of ten feet (10') or less in height, in which the sign is in contact with the ground, has a solid base anchor, and is independent of any other structure and serves the function of directing customers to the main entrance of a multi-tenant building or multi-building complex. SIGN, PROJECTING: A sign other than a wall sign which projects from and is supported by a wall or a building or structure, and does not extend above any adjacent parapet or roof of the supporting building. SIGN, REAL ESTATE: A sign advertising and/or directing individuals to the sale, rent or lease of property. A. Commercial Real Estate Banner Sign: A sign of any shape made of lightweight fabric or similar material that is mounted to a building by any means, and indicating that the property is for sale, rent, or lease. National flags, state or municipal flags, holiday flags, or the official flag of any institution or business shall not be considered banners. B. Decorative Real Estate Flag: A portion of lightweight fabric or similar material, supported by a vertical or horizontal staff, intended to flutter in the wind, and is used to attract attention to any type of residential development for AGENDA ITEM # 9. g) ORDINANCE NO. ________ 23 sale, rent, or lease. National flags, state or municipal flags, holiday flags, or the official flag of any institution or business shall not be considered banners. C. Freestanding Real Estate Signs: Any type of nonilluminated freestanding sign, indicating that the property on which it is located, is for sale, rent, or lease. This sign type includes yardarm or ground signs. D. Open House Sign: A nonilluminated type of portable sign comprised of hinged panels configured in the shape of the alphabetic letter “A,” no larger than thirty two inches wide by thirty six inches high (32" by 36") per each sign face. The sign text for an open house sign contains the phrase: “open” or “for sale” or “for rent” or “for lease.” E. Real Estate Directional Sign: Any nonilluminated type of freestanding sign that provides direction to property(ies) for sale, rent, or lease. Within the City Center Sign Regulation Boundaries (as shown in RMC 4-4-100H3), real estate directional signs may also include portable signs comprised of hinged panels configured in the shape of the alphabetic letter “A.” F. Real Estate Sign Kiosk: A City-approved monument style sign in the public right-of-way or on private property consolidating numerous real estate directional signs and designed to reduce sign clutter. G. Real Estate Sign Kiosk Directional Panel: A sign affixed within an approved real estate sign kiosk indicating direction to various real estate developments. SIGN, ROOF: A sign erected upon or above a roof or parapet of a building or structure. AGENDA ITEM # 9. g) ORDINANCE NO. ________ 24 SIGN STRUCTURE: Any structure which supports or is capable of supporting any sign as defined in this Title. A sign structure may be a single pole and may not be an integral part of the building. SIGN, TEMPORARY: Any sign, banner, or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard or other light materials, with or without frames, or advertising device intended to be displayed only for a limited period of time including the following types of signs: A. Advertising Device: Balloons, flags, inflatable statuary and figures, light strings, pennants/streamers, portable readerboards, searchlights, wind-animated devices, and similar devices of a carnival nature. B. Balloon: A spherical, flexible, nonporous bag inflated with air or gas lighter than air, such as helium, and intended to float in the air. C. Banner: Any sign of lightweight fabric or similar material that is mounted to a pole and/or building by any means. National flags, state or municipal flags, holiday flags, or the official flag of any institution or business shall not be considered banners. A banner is not defined by shape and may be square, rectangular, round, triangular/pennant shaped, etc. 1. Banner, Pole Hung: A banner attached at its top and bottom to a pole or light standard by extensions from the pole. 2. Banner, Pole/Wall Strung: A banner attached at its top and bottom corners strung between buildings, poles, and/or light standards. AGENDA ITEM # 9. g) ORDINANCE NO. ________ 25 3. Banner, Wall Hung: A banner attached to a building and where the banner lies flat against the building surface at all times. D. Devices of a Carnival Nature: All temporary signs, advertising devices, lights, and other means of attracting attention, which are commonly associated with carnival settings, and which are not otherwise specifically identified in the Renton Municipal Code. Fabric or plastic bunting shall be considered one type of carnival device. E. Flag: A piece of cloth or plastic, supported by a vertical or horizontal st aff, which is intended to flutter in the wind. F. Inflatable Statuary: An advertising device that is inflated and the likeness of an animate or inanimate object or cartoon figure is used to attract attention, advertise, promote, market, or display goods and/or services. G. Manual Message Board: Any sign that is designed so that characters, letters, or illustrations can be changed or rearranged by hand without altering the face or the surface of the sign. H. Pennant/Streamer: An individual object and/or series of small objects made of lightweight plastic, fabric, or other material, which may or may not contain text, which is suspended from and/or twined around a rope, wire, or string. I. Readerboards, Portable: A sign which is self-supporting but not permanently attached to the ground or building and can be moved from one AGENDA ITEM # 9. g) ORDINANCE NO. ________ 26 location to another and is typically internally illuminated. Portable readerboards are also known as “trailer signs.” J. Sign, Rigid Portable: A sign which is not permanently affixed and designed for or capable of movement. Those signs explicitly designed for people to carry on their persons or which are permanently affixed to motor vehicles are considered to be rigid portable signs. A rigid portable sign is not considered to be a portable readerboard or “trailer sign.” K. Sign, Window: Any sign, temporary or permanent, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window. Interior display of merchandise for sale, including accessory mannequins and other props, shall not be considered window signs. L. Wind-Animated Object: Any device, e.g., windsocks, pinwheels, whirligigs, etc., whose primary movements are caused by the wind or atmospheric conditions, attached by a tether. A balloon or inflatable statuary, with or without moveable parts, is not considered a wind-animated object. SIGN, TRADITIONAL MARQUEE: A sign typically associated with movie theaters, performing arts theaters, and theatrical playhouses. The sign is attached flat against and parallel to the surface of a marquee structure. In addition, a changeable copy area is included where characters, letters, or illustrations can be changed or rearranged without altering the face or the surface of the sign. AGENDA ITEM # 9. g) ORDINANCE NO. ________ 27 SIGN, UNDER MARQUEE: A lighted or unlighted display attached to the underside of a marquee protruding over public or private sidewalks. Under marquee signs may also be called “under awning” or “under canopy” signs. SIGN, WALL: Any sign painted, attached or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of said wall. In order to be considered a wall sign, a sign may not extend above any adjacent parapet or the roof of the supporting buildin g. SIGNIFICANT #2 RATING: A rating assigned to wetlands in King County that are greater than one acre in size; equal to or less than one acre in size and having a forested vegetation class; or the presence of heron rookeries or raptor nesting trees. SINGLE-WALLED: See RMC 4-5-120G. SITE: A single lot, or two (2) or more contiguous lots that, under common ownership or documented legal control, were developed or are part of a development proposal. SITE PLAN: A detailed plan drawing, prepared to scale, showing accurate boundaries of a site and the location of all buildings, structures, uses, and principal site development features proposed for a specific parcel or parcels of land. SLOPE: An inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance, which may be regulated or unregulated. SLOPE, STEEP: A hillside, or portion thereof, which falls into one of two (2) classes of slope, sensitive or protected. AGENDA ITEM # 9. g) ORDINANCE NO. ________ 28 A. Slope, Protected: A hillside, or portion thereof, with an average slope, as identified in the City of Renton Steep Slope Atlas or in a method approved by the City, of forty percent (40%) or greater grade and having a minimum vertical rise of fifteen feet (15'). B. Slope, Sensitive: A hillside, or portion thereof, characterized by: (1) an average slope, as identified in the City of Renton Steep Slope Atlas or in a method approved by the City, of twenty five percent (25%) to less than forty percent (40%); or (2) an average slope, as identified in the City of Renton Steep Slope Atlas or in a method approved by the City, of forty percent (40%) or greater with a vertical rise of less than fifteen feet (15'), abutting an average slope, as identified in the City of Renton Steep Slope Atlas or in a method approved by the City, of twenty five percent (25%) to forty percent (40%). This definition excludes engineered retaining walls. SMOKING LOUNGE: A club or facility where smoking occurs, including but not limited to the smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment. SMP: City of Renton’s Shoreline Master Program. SOCIAL SERVICE ORGANIZATIONS: Public or nonprofit agencies that provide counseling, therapy, job training, educational classes, food banks, clothing ba nks, or other social or human services to persons needing such services, but do not provide crisis intervention, day or night shelter, or case management. This does not include religious institutions, offices, government facilities, schools, hospitals, AGENDA ITEM # 9. g) ORDINANCE NO. ________ 29 clinics, day care, homeless services uses, medical institutions, diversion facilities, lodging in any form, or residential uses. SOIL ENGINEER: A licensed civil engineer experienced and knowledgeable in the practice of soil engineering. SOIL ENGINEERING: The application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth or other materials and the inspection and testing of the construction thereof. SOIL ENGINEERING REPORT: A report including data regarding the nature, distribution, and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures when necessary, and options and recommendations covering adequacy of sites to be developed by the proposed grading. SOLAR ACCESS: Sunlight exposure on land without impairment by other development. SOLAR ENERGY SYSTEM: A device or structural design feature, a substantial purpose of which is to provide for interior lighting or provide for the collection, storage, and distribution of solar energy for space heating or cooling, electricity generation, or water heating. SOLAR ENERGY SYSTEM, GROUND MOUNTED, SMALL-SCALE: A solar energy system that is structurally mounted to the ground and typically a size that would service a house, small business, or small municipal building. SOLID WASTE: Shall be defined pursuant to WAC 173-350-100. AGENDA ITEM # 9. g) ORDINANCE NO. ________ 30 SPECIFIED ANATOMICAL AREAS: 1. Less than completely and opaquely covered human genitals, anus, pubic region, buttock, or female breast below a point immediately above the top of the areola; or 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. SPECIFIED SEXUAL ACTIVITIES: 1. Human genitals in a state of sexual stimulation or arousal; 2. Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; 3. Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts, whether clothed or unclothed, of oneself or of one person by another; or 4. Excretory functions as part of or in connection with any of the activities set forth in this definition. SPORTS ARENAS, AUDITORIUMS, AND EXHIBITION HALLS, INDOOR: A large enclosed facility used for professional, semi-professional spectator sports, arena concerts, expositions, and other large-scale public gatherings. This definition includes stadiums, concert halls, auditoriums, exhibition halls, and accessory eating and drinking establishments. This definition excludes sports arenas or stadiums associated with schools, cultural facilities, movie theaters, and entertainment clubs. AGENDA ITEM # 9. g) ORDINANCE NO. ________ 31 SPORTS ARENAS, OUTDOOR: A large outdoor facility used for professional, semi- professional spectator sports, arena concerts, and other large-scale public gatherings. This definition includes but is not limited to stadiums, concert arenas, and accessory eating and drinking establishments. This definition excludes sports arenas or stadiums associated with schools, cultural facilities, movie theaters, and entertainment clubs. STABLES, COMMERCIAL: A land use on which large lot domestic animals are kept for sale or hire to the public. Breeding, boarding, or training of large lot domestic animals may also be conducted. STACKING SPACE: The space specifically designated as a waiting area for vehicles whose occupants will be patronizing a drive-through business. Such space is considered to be located directly alongside a drive-in window, facility or entrance used by patrons and in lanes leading up to the business establishment. START OF CONSTRUCTION: Includes substantial improvement and means the date the building permit was issued; provided, the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or AGENDA ITEM # 9. g) ORDINANCE NO. ________ 32 walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property as accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STORAGE, BULK: 1. The holding or stockpiling on land of material and/or products where such storage constitutes forty percent (40%) of the developed site area and the storage area is at least one acre, and where at least three (3) of the following criteria are met by the storage activity: a. In a bulk form or in bulk containers; b. Under protective cover to the essential exclusion of other uses of the same space due to special fixtures or exposed to the elements; c. In sufficient numbers, quantities or spatial allocation of the site to determine and rank such uses as the principal use of the site; d. The major function is the collection and/or distribution of the material and/or products rather than processing; and e. The presence of fixed bulk containers or visible stockpiles for a substantial period of a year. 2. Bulk storage facilities include, but are not limited to: AGENDA ITEM # 9. g) ORDINANCE NO. ________ 33 a. Automobile holding and transfer depots; b. Brick or tile storage and manufacturing; c. Concrete block and products storage and manufacturing; d. Contractor equipment yards; e. Equipment or machinery of the stationary type not in use, not mounted on necessary foundations or connected as required when during use, not designated and used as portable, and not stored in a warehouse. This includes operable motor vehicles or wheeled equipment used only periodically where storage durations exceed those provided for parking lots as defined in RMC 4-4- 080, Parking, Loading and Driveway Regulations; f. Foundries; g. Fuel yards, wholesale; h. Grain or feed sites, elevators, or the open storage of grain and feed; i. Log, random cut and chipped wood by-products storage; j. Lumber mills and wholesalers; k. Sand and gravel yards including sizing, transfer and loading equipment when present; l. Scrap or junk yards and wrecking yards; m. Solid waste holding and disposal areas; n. Tank farms including distribution and loading systems. 3. Bulk storage facilities exclude: a. Land banks, greenbelts, watersheds or public water reservoirs; AGENDA ITEM # 9. g) ORDINANCE NO. ________ 34 b. Parking lots or structures for private licensed automobiles; c. Ship yards; d. Warehouses alone or in conjunction with manufacturing on the site and when not including any of the uses listed above in subsection (2)(a) through (2)(n) of this definition; e. Facilities for storage of petroleum or any of its by-products, for use incidental to the primary use of the property (e.g., heating, boiler or vehicular fuel or lubricants); f. Retail service stations; g. Retail sales lots for new or used automobiles. STORAGE, HAZARDOUS MATERIAL, ON-SITE OR OFF-SITE, INCLUDING TREATMENT: A facility engaged in storage of materials, produced on-site or brought from another site, that are inflammable, explosive, or that present hazards to the public health, safety, and welfare including all substances and materials as defined under hazardous materials, hazardous substances, and hazardous waste. STORAGE, INDOOR: A use engaged in the storage of goods and/or materials characterized by infrequent pick-up and delivery, and located within a building. The definition excludes bulk storage, hazardous material storage, self-service storage, warehousing and distribution, and vehicle storage. STORAGE, OUTDOOR: The outdoor accumulation of material or equipment for the purpose of sale, rental, use on site, or shipping to other locations. This AGENDA ITEM # 9. g) ORDINANCE NO. ________ 35 definition excludes bulk storage, hazardous material storage, warehousing and distribution, vehicle storage, and outdoor retail sales. STORAGE, SELF-SERVICE: A building or group of buildings consisting of individual, self-contained units leased to individuals, organizations, or businesses for self- service storage of personal property. This definition excludes indoor storage, warehousing, outdoor storage, bulk storage, and hazardous material storage. STORAGE, VEHICLE: An indoor or outdoor area for parking or holding of motor vehicles and boats or wheeled equipment for more than seventy-two (72) hours. This definition excludes bulk storage, vehicle sales, vehicle rental, tow truck operation/auto impoundment yard, auto wrecking yard, outdoor storage, and indoor storage. STORM SEWER and STORM DRAIN: A sewer which carries storm surface water, subsurface water and drainage. See RMC 4-6-100. STORMWATER FACILITY: A constructed component of a stormwater drainage system, designed or constructed to perform a particular function, or multiple functions. Stormwater facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention ponds, retention ponds, constructed wetlands, infiltration devices, catch basins, oil/water separators, and biofiltration swales. They may also include low impact development BMPs/facilities. Also referred to as “Drainage Facility.” STORY: That portion of a building included between the upper surface of any floor and the upper surface of the floor above, except that the topmost story shall be AGENDA ITEM # 9. g) ORDINANCE NO. ________ 36 that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above, unless such area meets the definition of an attic. If the finished floor level directly above a usable or unused under-floor space is more than six feet (6') above grade for more than fifty percent (50%) of the total perimeter or is more than twelve feet (12') above grade at any point, such usable or unused under-floor space shall be considered as a story. STORY, FIRST: The lowest story in a building that qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet (4') below grade for more than fifty percent (50%) of the total perimeter, or not more than eight feet (8') below grade at any point. STREAM ALTERATION: The relocation or change in the flow of surface water runoff flowing in a natural or modified channel. AGENDA ITEM # 9. g) ORDINANCE NO. ________ 37 STREAM/LAKE CLASS: The stream and lake waters in the City are defined by class as indicated in RMC 4-3-050. STREET AMENITIES: See STREET FURNITURE. STREET, ARTERIAL: Street intended for higher traffic volume and speed and classified as a principal or minor arterial on the City of Renton Arterial Street Plan. STREET, COLLECTOR: 1. A street providing access with higher traffic volumes than a typical residential, commercial, or industrial access street. Collector streets are designated by the Public Works Department. 2. A street classified as a collector street on the City of Renton Arterial Street Plan. STREET, COMMERCIAL ACCESS: A non-arterial street providing access to commercial land uses. STREET FRONTAGE: The portion of a lot or structure abutting a public or private right-of-way. Structures adjacent yet not adjoining a right-of-way shall be considered abutting if located within twenty feet (20'). STREET FURNITURE: Objects, such as outdoor seating, kiosks, bus shelters, tree grates, trash receptacles, and fountains that have the potential for enlivening and giving variety to streets, sidewalks, plazas, and other outdoor spaces open to, and used by, the public. STREET GRID PATTERN, MODIFIED: A street system based upon a traditional grid pattern; however, offset intersections, loop roads, as well as angled or curved AGENDA ITEM # 9. g) ORDINANCE NO. ________ 38 road segments may also be utilized on a limited basis. The block pattern is characterized by regular (i.e., rectangular or trapezoidal) blocks. STREET GRID PATTERN, TRADITIONAL: A system of platting, or of street design, that features parallel and perpendicular streets and intersections of streets at right angles that form short blocks. STREET, INDUSTRIAL ACCESS: A non-arterial street providing access to industrial land uses. STREET, PEDESTRIAN-ORIENTED: An area with streets and sidewalks specifically designated as such and intended for use by people walking; with special design and spatial treatment of building frontages; built at human scale; with uses of interest to and functional for people on foot; and designed to h old interest for pedestrians by encouraging walking, browsing, and taking in the scene, as designated via Master Plans or similar documents approved by the City. STREET, RESIDENTIAL ACCESS: A non-arterial street providing access to residential land uses, and not designated as a collector street by the Public Works Department. STRUCTURE: That which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. STRUCTURE: (This definition is for flood hazard regulations in RMC 4-3-050 use only.) A walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. AGENDA ITEM # 9. g) ORDINANCE NO. ________ 39 STRUCTURE: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) A permanent or temporary edifice or building, or any piece of work artificially built or composed of parts joined together in some definite manner, whether installed on, above, or below the surface of the ground or water, except for vessels. SUBDIVISION: The division or redivision of land into lots, tracts, parcels, sites or divisions for the purpose of sale, lease, or transfer of ownership. See also PLAT and PLAT, SHORT. SUBDIVISION: (This definition for RMC 4-3-090, Shoreline Master Program Regulations, use only.) A parcel of land divided into two (2) or more parcels. SUBDIVISION, PHASED: A subdivision which is, or is intended to be, recorded in increments over a period of time. SUBDIVISION, UNIT LOT: A division of land (parent site), for the purpose of sale, lease, or transfer of ownership, underlying existing or proposed attached townhouse dwelling units that creates a unit lot for each dwelling, for which one or more boundaries of the individual unit lots coincide with the walls of the townhouse structure which separate individual attached townhouse dwelling units. SUBJECT PROPERTY: The tract of land which is the subject of the permit and/or approval action. SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or AGENDA ITEM # 9. g) ORDINANCE NO. ________ 40 exceed fifty percent (50%) of the market value of the structure before the damage occurred. SUBSTANTIAL DEVELOPMENT: Any development of which the total cost or fair market value exceeds five thousand dollars ($5,000.00) or any development which materially interferes with the normal public use of the water or shoreline of the State. Exemptions in RCW 90.58.030(3)(e) and in RMC 4-9-190C are not considered substantial developments. SUBSTANTIAL DEVELOPMENT PERMIT: The shoreline management substantial development permit provided for in Section 14 of the Shoreline Management Act of 1971 (RCW 90.58.140). SUBSTANTIAL EXISTING IMPROVEMENTS: Physical improvements, such as residential and/or commercial structures and their accessory structures, that have a reasonable remaining economic life as indicated by their assessed valuation. SUBSTANTIAL IMPROVEMENT: Any reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the “start of construction” of the improvement. This term includes structures which have incurred “substantial damage,” regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a structure to correct previously identified existing violations of state or local health, sanitary, or safety code specifications AGENDA ITEM # 9. g) ORDINANCE NO. ________ 41 that have been identified by the local code enforcement official and that are the minimum necessary to assure safe living conditions; or 2. Any alteration of a “historic structure,” provided that the alteration will not preclude the structure’s continued designation as a “historic structure.” SUBTENANT: A person in possession of rental unit through the tenant with the knowledge and consent, express or implied, of the owner. SURFACE WATER DESIGN MANUAL: A manual, as it exists or may be amended, adopted by reference by the City of Renton, which provides stormwater permit implementation and management guidance consistent with the current version of the King County Surface Water Design Manual. SURVEY STANDARDS: City of Renton Survey Standards as adopted by the Planning/Building/ Public Works Department. SECTION V. Upon approval of the City Attorney, the City Clerk is authorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering and references. The City Clerk is further authorized to direct the codifier to update an y chapter, section, or subsection titles in the Renton Municipal Code affected by this ordinance. SECTION VI. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. AGENDA ITEM # 9. g) ORDINANCE NO. ________ 42 SECTION VII. This ordinance shall be in full force and effect December 20, 2022. No later than five (5) days prior to such effective date, a summary consisting of this ordinance’s title shall be published in the City’s official newspaper. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2022. ______________________________ Armondo Pavone, Mayor Approved as to form: ______________________________ Shane Moloney, City Attorney Date of Publication: ___________ ORD-CED:D-221:11/8/22 AGENDA ITEM # 9. g) ORDINANCE NO. ________ 43 ATTACHMENT A RMC 4-2-060J (Column Titles from 4-2-060 are included here for ease of reference only) RESIDENTIAL ZONING DESIGNATIONS INDUSTRIAL COMMERCIAL ZONING DESIGNATIONS RC R-1 R-4 R-6 R-8 RMH R-10 R-14 RMF IL IM IH CN CV CA CD CO COR UC-1 UC-2 J. ENTERTAINMENT AND RECREATION Entertainment Adult entertainment business (RMC 4-3-010) P P P P P P12 Card room P52 P52 P52 P52 Cultural facilities H H H H H H H H H AD AD AD AD AD AD AD AD AD AD AD Dance clubs P29 P29 P29 AD P20 AD P29 AD Dance halls P29 P29 P29 AD P20 AD P29 AD Gaming/gambling facilities, not-for-profit H29 H29 H29 H20 H29 AGENDA ITEM # 9. g) ORDINANCE NO. ________ 44 Movie theaters P29 P29 P29 AD P20 P P12 P82 P82 Smoking lounge Sports arenas, auditoriums, exhibition halls, indoor P29 P29 P29 P20 P H18 H18 Sports arenas, auditoriums, exhibition halls, outdoor P29 P29 P29 AD20 H18 H18 Recreation Golf courses (existing) P P P P P P P Golf courses, new H P H H H H H Marinas P P21 H H Recreational facilities, indoor, existing H P33 P29 P29 P29 P P P P54 P21 P82 P82 AGENDA ITEM # 9. g) ORDINANCE NO. ________ 45 Recreational facilities, indoor, new H P29 P4 P P P91 P12 P21 P82 P82 Recreational facilities, outdoor P29 P29 P29 H20 H29 H83 H83 AGENDA ITEM # 9. g) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 8-1-10 OF THE RENTON MUNICIPAL CODE, ESTABLISHING THE 2023 AND 2024 SOLID WASTE COLLECTION SERVICE RATES FOR ALL CUSTOMER CLASSES, AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect and unchanged. SECTION II. Section 8-1-10 of the Renton Municipal Code is amended as follows: 8-1-10 RATES FOR SERVICES: The following schedule is hereby adopted as the monthly charges to be paid to the City for services rendered in each category: A. Residential Customers: 1. For garbage cans, carts, and/or garbage units: Single-family Every Other Week Garbage & Recycling, Weekly Yard Waste & Food Scraps Cart Service Level 20213 Renton SWU Monthly Rates January 1 – March 31, 2022 Renton SWU Monthly Rates Starting April 1, 20224 Renton SWU Monthly Rates 20 Gallon Contractor Cart $14.3116.07 $14.60 $15.0317.32 35 Gallon Contractor Cart $23.5326.43 $24.00 $24.7128.48 AGENDA ITEM # 9. h) ORDINANCE NO. ________ 2 Single-family Every Other Week Garbage & Recycling, Weekly Yard Waste & Food Scraps Cart Service Level 20213 Renton SWU Monthly Rates January 1 – March 31, 2022 Renton SWU Monthly Rates Starting April 1, 20224 Renton SWU Monthly Rates 45 Gallon Contractor Cart $29.6633.32 $30.26 $31.1435.90 64 Gallon Contractor Cart $41.2846.37 $42.11 $43.3449.96 96 Gallon Contractor Cart $60.9568.46 $62.17 $64.0073.77 Each Additional 35 Gallon Cart $23.5326.43 $24.00 $24.7128.48 Senior 20 Gallon Cart Rate (75% subsidy)/for Existing customers with a 20 Gallon Cart prior to May 31, 2008 $3.584.02 $3.65 $3.764.33 Senior 20 Gallon Cart Rate (50% subsidy) $7.158.03 $7.29 $7.518.65 Senior 35 Gallon Cart Rate (50% subsidy) $11.7713.22 $12.01 $12.3614.25 Senior 45 Gallon Cart Rate (50% subsidy) $14.8216.65 $15.12 $15.5617.94 Senior 64 Gallon Cart Rate (50% subsidy) $20.6623.21 $21.07 $21.6925.00 Senior 96 Gallon Cart Rate (50% subsidy) $30.6834.46 $31.30 $32.2137.13 Extra Garbage, up to 15 gallons per unit/per pickup $4.384.92 $4.46 $4.605.30 Extra 96 Gallon Yard Waste Cart Rental $2.432.73 $2.48 $2.552.94 Residential Return Trip Charge per pickup $6.307.08 $6.43 $6.627.63 Cart Cleaning (per cart, per cleaning) $12.1413.64 $12.38 $12.7514.69 Drive-in Charge (per month) $6.647.46 $6.78 $6.978.04 Overweight/Oversize Container (per pickup) $3.513.94 $3.58 $3.694.25 Re-delivery (one or more containers) $12.1413.64 $12.38 $12.7514.69 Sunken Can Surcharge $8.349.37 $8.50 $8.7610.09 AGENDA ITEM # 9. h) ORDINANCE NO. ________ 3 2. Residential customers are allowed to change their garbage service level once per year without incurring an administrative fee. Each garbage service level change per year above the once per year allowance will result in an administrative fee of thirty-five dollars ($35.00). The one (1) year period shall begin January 1 and shall end December 31 each year. 3. Senior and/or disabled customers who qualified under Subsection 8-4-31.C of this Title for low-income rates for seventy-five percent (75%) subsidy prior to May 31, 2008, are eligible for a three dollars and fifty-eight cents ($3.58)four dollars and two cents ($4.02) fee for 20213 and three dollars and sixty-five cents ($3.65)a four dollars and thirty-three cents ($4.33) fee for January 1 – March 31, 20224, and three dollars and seventy-six cents ($3.76) starting April 1, 2022, for 20 Gallon Cart service. For services other than 20 Gallon Cart service, the rate schedule at the fifty percent (50%) subsidy as provided in Subsection 8-1- 10.A.1 will apply. All senior and/or disabled customers qualifying under Subsection 8-4-31.C for low-income rates after May 31, 2008, are eligible for a fifty percent (50%) subsidy of the charges for the service level selected. 4. Premium Weekly Collection: Single-family residential customers may elect to have their garbage collected weekly for an additional fee of twenty- four six dollars and two ninety-eight cents ($24.0226.98) per month for 20213 and twenty-four dollars and fifty cents ($24.50) per month for January 1 – March 31, 2022, and twenty-five dollars and twenty-two cents ($25.22) twenty-nine dollars AGENDA ITEM # 9. h) ORDINANCE NO. ________ 4 and seven cents ($29.07) for starting April 1, 20224. This fee will be added to the monthly garbage billing as an extra Premium Service Fee. 5. Miscellaneous Services: The City of Renton offers miscellaneous services at the following rates: Services Cost per Pick Up On-Call Bulky Waste Collection 20213 Rates January 1 – March 31, 2022 Rates Starting April 1, 20224 Rates White Goods, except Refrigerators/Freezers per unit $76.9186.39 $78.45 $80.7693.08 Refrigerators/Freezers per unit $82.3092.44 $83.94 $86.4299.60 Sofas/Chairs per unit $71.5280.34 $72.95 $75.1086.56 Mattresses per unit $68.8277.30 $70.20 $72.2683.29 B. Commercial Customers: 1. Multi-family Carts: Customers have the following cart-based services available: Multi-family (“MF”) Cart Service Level 20213 SWU Monthly Rates January 1 – March 31, 2022 SWU Monthly Rates Starting April 1, 20224 Renton SWU Monthly Rates Weekly Can and Cart MF One 20 Gallon Cart $24.0526.48 $24.05 $25.0128.28 MF One 35 Gallon Garbage Cart $31.2734.43 $31.27 $32.5236.77 MF One 45 Gallon Garbage Cart $38.8042.72 $38.80 $40.3545.63 MF One 64 Gallon Contractor Cart $46.2950.97 $46.29 $48.1454.44 MF One 96 Gallon Contractor Cart $61.3267.52 $61.32 $63.7772.11 Extra MF Can or Units -32 Gallon Equivalent $6.527.18 $6.52 $6.787.67 AGENDA ITEM # 9. h) ORDINANCE NO. ________ 5 Multi-family (“MF”) Cart Service Level 20213 SWU Monthly Rates January 1 – March 31, 2022 SWU Monthly Rates Starting April 1, 20224 Renton SWU Monthly Rates MF Weekly 64 Gallon Yard Waste (incl. Cart) $45.2249.79 $45.22 $47.0353.18 2. Commercial Carts: Customers have the following contractor cart- based services available: Commercial Cart Service Level 20213 SWU Monthly Rates January 1 – March 31, 2022 SWU Monthly Rates Starting April 1, 20224 Renton SWU Monthly Rates Weekly Commercial Can and Cart One 20 Gallon Cart $37.9741.81 $37.97 $39.4944.65 One 35 Gallon Garbage Cart $42.2346.50 $42.23 $43.9249.66 One 45 Gallon Garbage Cart $48.1453.00 $48.14 $50.0756.61 One 64 Gallon Garbage Cart $54.2659.74 $54.26 $56.4363.81 One 96 Gallon Garbage Cart $66.6673.40 $66.66 $69.3378.39 Extra Units – 32 Gallon Equivalent $6.787.47 $6.78 $7.057.97 Weekly 64 Gallon Yard Waste Cart $45.2249.79 $45.22 $47.0353.18 Weekly Commercial Can and Cart Customer Event Service (3 Carts: Garbage, Recycle, Yard Waste/Day) $37.6741.48 $37.67 $39.1844.30 AGENDA ITEM # 9. h) ORDINANCE NO. ________ 6 3. Commercial Detachable Containers One (1) to Eight (8) Yards: The rate for the handling of detachable containers approved by the City’s contractor and the City for use by commercial, industrial and multi-family residence establishments shall be as follows: a. Monthly Rates: Commercial Service Level 20213 SWU Monthly Rates January 1 – March 31, 2022 SWU Monthly Rates Starting April 1, 20224 Renton SWU Monthly Rates Commercial Detachable Container (Loose) 1 Cubic Yard, 1 pickup/week $113.98125.50 $113.98 $118.54134.04 1 Cubic Yard, 2 pickups/week $214.04235.67 $214.04 $222.60251.70 1 Cubic Yard, 3 pickups/week $314.15345.89 $314.15 $326.72369.43 1 Cubic Yard, 4 pickups/week $414.21456.06 $414.21 $430.78487.10 1 Cubic Yard, 5 pickups/week $514.29566.26 $514.29 $534.86604.79 1.5 Cubic Yards, 1 pickup/week $156.24172.03 $156.24 $162.49183.73 1.5 Cubic Yards, 2 pickups/week $298.59328.76 $298.59 $310.53351.13 1.5 Cubic Yards, 3 pickups/week $440.93485.48 $440.93 $458.57518.52 1.5 Cubic Yards, 4 pickups/week $583.28642.22 $583.28 $606.61685.92 AGENDA ITEM # 9. h) ORDINANCE NO. ________ 7 Commercial Service Level 20213 SWU Monthly Rates January 1 – March 31, 2022 SWU Monthly Rates Starting April 1, 20224 Renton SWU Monthly Rates 1.5 Cubic Yards, 5 pickups/week $725.61798.93 $725.61 $754.63853.29 2 Cubic Yards, 1 pickup/week $196.97216.87 $196.97 $204.85231.63 2 Cubic Yards, 2 pickups/week $380.04418.44 $380.04 $395.24446.91 2 Cubic Yards, 3 pickups/week $563.11620.01 $563.11 $585.63662.20 2 Cubic Yards, 4 pickups/week $746.18821.58 $746.18 $776.03877.48 2 Cubic Yards, 5 pickups/week $929.261,023.16 $929.26 $966.431,092.78 3 Cubic Yards, 1 pickup/week $280.25308.57 $280.25 $291.46329.56 3 Cubic Yards, 2 pickups/week $546.63601.86 $546.63 $568.50642.82 3 Cubic Yards, 3 pickups/week $812.99895.14 $812.99 $845.51956.05 3 Cubic Yards, 4 pickups/week $1,079.361,188.42 $1,079.36 $1,122.531,269.29 3 Cubic Yards, 5 pickups/week $1,345.741,481.72 $1,345.74 $1,399.571,582.55 4 Cubic Yards, 1 pickup/week $363.40400.12 $363.40 $377.94427.35 AGENDA ITEM # 9. h) ORDINANCE NO. ________ 8 Commercial Service Level 20213 SWU Monthly Rates January 1 – March 31, 2022 SWU Monthly Rates Starting April 1, 20224 Renton SWU Monthly Rates 4 Cubic Yards, 2 pickups/week $712.93784.97 $712.93 $741.45838.38 4 Cubic Yards, 3 pickups/week $1,062.441,169.79 $1,062.44 $1,104.941,249.39 4 Cubic Yards, 4 pickups/week $1,411.841,554.50 $1,411.84 $1,468.311,660.28 Commercial Detachable Container (Loose) 4 Cubic Yards, 5 pickups/week $1,761.481,939.47 $1,761.48 $1,831.942,071.44 6 Cubic Yards, 1 pickup/week $527.26580.54 $527.26 $548.35620.04 6 Cubic Yards, 2 pickups/week $1,040.631,145.78 $1,040.63 $1,082.261,223.75 6 Cubic Yards, 3 pickups/week $1,554.001,711.02 $1,554.00 $1,616.161,827.45 6 Cubic Yards, 4 pickups/week $2,067.372,276.26 $2,067.37 $2,150.062,431.16 6 Cubic Yards, 5 pickups/week $2,580.752,841.52 $2,580.75 $2,683.983,034.88 8 Cubic Yards, 1 pickup/week $690.15759.88 $690.15 $717.76811.59 8 Cubic Yards, 2 pickups/week $1,366.401,504.47 $1,366.40 $1,421.061,606.84 8 Cubic Yards, 3 pickups/week $2,042.632,249.02 $2,042.63 $2,124.342,402.07 AGENDA ITEM # 9. h) ORDINANCE NO. ________ 9 Commercial Service Level 20213 SWU Monthly Rates January 1 – March 31, 2022 SWU Monthly Rates Starting April 1, 20224 Renton SWU Monthly Rates 8 Cubic Yards, 4 pickups/week $2,718.89,2,993.62 $2,718.89 $2,827.653,197.32 8 Cubic Yards, 5 pickups/week $3,395.143,738.20 $3,395.14 $3,530.953,992.57 Extra Cubic Yard Loose in container, per cubic yard/per pickup $23.0925.42 $23.09 $24.0127.15 Extra Cubic Yard Loose on ground, per cubic yard/per pickup $39.12 $35.53 $36.9541.78 Commercial Detachable Container (Compacted) 1 Cubic Yard Compactor $271.83299.30 $271.83 $282.70319.66 1.5 Cubic Yards Compactor $392.82432.51 $392.82 $408.53461.94 2 Cubic Yards Compactor $504.84555.85 $504.84 $525.03593.68 3 Cubic Yards Compactor $743.51818.64 $743.51 $773.25874.34 4 Cubic Yards Compactor $982.501,081.77 $982.50 $1,021.801,155.39 6 Cubic Yards Compactor $1,459.751,607.25 $1,459.75 $1,518.141,716.62 b. Rental Rates: Rental rates for one (1) to eight (8) yard containers will be paid in the monthly rates. c. Minimum Pickups: Minimum pickups for containers and compactors between one (1) and eight (8) yards will be once per week. 4. Extra Charges: AGENDA ITEM # 9. h) ORDINANCE NO. ________ 10 a. The following extra charges will apply for commercial services, including Multi-family and Commercial Cart, Detachable and Roll Off Container services: Commercial Cart & Detachable Extra Service Fees 20213 January 1 – March 31, 2022 Starting April 1, 20224 Renton SWU Monthly Rates 1 Yard Extra Pickup $29.1332.07 $29.13 $30.3034.26 1.5 Yard Extra Pickup $39.9343.96 $39.93 $41.5346.96 2 Yard Extra Pickup $50.3555.44 $50.35 $52.3659.21 3 Yard Extra Pickup $71.6378.87 $71.63 $74.5084.23 4 Yard Extra Pickup $92.87102.25 $92.87 $96.58109.21 6 Yard Extra Pickup $134.76148.38 $134.76 $140.15158.47 8 Yard Extra Pickup $176.39194.21 $176.39 $183.45207.43 1 Yard Compactor Extra Pickup $69.4876.50 $69.48 $72.2681.71 1.5 Yard Compactor Extra Pickup $100.40110.55 $100.40 $104.42118.07 2 Yard Compactor Extra Pickup $129.03142.07 $129.03 $134.19151.73 3 Yard Compactor Extra Pickup $190.02209.22 $190.02 $197.62223.46 4 Yard Compactor Extra Pickup $251.10276.47 $251.10 $261.14295.29 6 Yard Compactor Extra Pickup $373.08410.78 $373.08 $388.00438.73 Commercial cart carry out charge if over 50 feet, per 25 ft/cart, container/pickup $7.017.72 $7.01 $7.298.24 Return trip for carts/containers not available for collection at regularly scheduled pickup time $31.1734.32 $31.17 $32.4236.65 Redelivery of Cart $10.4411.49 10.44 $10.8612.28 Redelivery of Container $20.8722.98 $20.87 $21.7024.54 Cleaning (per cart, per yard container capacity) $10.4411.49 $10.44 $10.8612.28 AGENDA ITEM # 9. h) ORDINANCE NO. ________ 11 Commercial Cart & Detachable Extra Service Fees 20213 January 1 – March 31, 2022 Starting April 1, 20224 Renton SWU Monthly Rates Stand-by Time for containers (per minute) $6.206.83 $6.20 $6.457.29 Roll Off Extra Service Fees 20213 January 1 – March 31, 2022 Starting April 1, 20224 Renton SWU Monthly Rates Return Trip for Drop Box $33.3336.73 $34.00 $35.0038.56 Container Cleaning Drop Box (per yard capacity) $12.0313.26 $12.27 $12.6313.92 Drop Box to Other Facility (per one-way mile) $3.393.74 $3.46 $3.563.92 Solid Lid on Drop Box (monthly rental) $84.8393.47 $86.53 $89.0798.15 Drop Box Turn Around Charge $24.2528.84 $32.74 $25.4630.28 Stand-by Time for Drop Box (per minute) $1.711.88 $1.74 $1.801.98 Hourly Rates Rear/Side-Load Packer + Driver $117.21129.15 $119.55 $123.07135.61 Front Load Packer + Driver $117.21129.15 $119.55 $123.07135.61 Drop Box Truck + Driver $101.90112.28 $103.94 $107.00117.90 Additional Labor (per person) $44.5649.10 $45.46 $46.7951.56 b. Any extra yardage charges determined by the collection contractor due to overflowing containers will be charged per yard at the one (1) yard rate listed under subsection 8-1-10.B.3.a. 5. Special Services: AGENDA ITEM # 9. h) ORDINANCE NO. ________ 12 a. Special Event Services: Bundled Garbage, Recycling, and Yard Waste Cart-based service is available upon request to customers sponsoring Special Events within the City. The daily fee for Special Event Services is thirty- seven dollars and sixty-seven cents ($37.67)forty-one dollars and forty-eight cents ($41.48) in 20213 and thirty-seven dollars and sixty-seven cents ($37.67)forty-four dollars and thirty cents ($44.30) for January 1 – March 31, 20224, and thirty-nine dollars and eighteen cents ($39.18) starting April 1, 2022, per one (1) set of bundled carts. b. Special Services Unspecified: Whenever special services not contained within this schedule are required, the rate charged for those special services shall be negotiated between the City and the collection contractor. C. Commercial Roll Off Customers: Commercial Roll Off customers are those who have a ten (10) to forty (40) yard container or compactor. These large disposal containers are lifted, hauled, and weighed at the disposal facility. Commercial container customers pay solid waste fees based upon the number of pickups, corresponding weight-based fees and a container rental fee. Compactor customers pay solid waste fees based upon the number of pickups and corresponding weight-based disposal fees. 1. Base Pickup Fees: The base pickup fees are as follows on a per occurrence basis: AGENDA ITEM # 9. h) ORDINANCE NO. ________ 13 Commercial Roll Off Rates are Per Pickup 20213 January 1 – March 31, 2022 Starting April 1, 20224 Renton SWU Monthly Rates 10 Yards Container $247.83273.08 $252.79 $260.22286.74 15 Yards Container $266.03293.14 $271.35 $279.33307.79 20 Yards Container $273.31301.16 $278.78 $286.98316.22 25 Yards Container $284.80313.82 $290.51 $299.04329.51 30 Yards Container $296.31326.51 $302.25 $311.13342.83 40 Yards Container $317.04349.35 $323.39 $332.89366.81 10-15 Yards Compactor $279.84308.36 $285.44 $293.83323.77 20 Yards Compactor $304.75335.80 $310.85 $319.99352.59 25 Yards Compactor $316.15348.37 $322.48 $331.96365.78 30 Yards Compactor $327.55360.93 $334.12 $343.93378.98 40 Yards Compactor $347.92383.38 $354.89 $365.32402.54 The minimum pickups are twice per month. 2. Rental Rates: The following are rental rates for permanent roll off containers: Monthly Rental Rates 20213 January 1 – March 31, 2022 Starting April 1, 20224 Renton SWU Monthly Rates 10 Yards Container $50.8556.03 $51.87 $53.3958.83 15 Yards Container $72.5979.99 $74.04 $76.2283.99 20 Yards Container $94.28103.89 $96.17 $98.99109.08 25 Yards Container $105.15115.87 $107.26 $110.41121.66 AGENDA ITEM # 9. h) ORDINANCE NO. ________ 14 Monthly Rental Rates 20213 January 1 – March 31, 2022 Starting April 1, 20224 Renton SWU Monthly Rates 30 Yards Container $116.02127.84 $118.35 $121.82134.24 40 Yards Container $142.98157.55 $145.84 $150.13165.43 3. Disposal Fees: In addition to the base collection charge per pickup and the monthly rental fee, the customer must pay weight-based disposal fees plus applicable tax. D. (Rep. by Ord. 4898, 3-19-2001) E. Temporary Services: Temporary Services are Commercial Container and Roll Off services not to exceed ninety (90) days of service. Customers will be billed for container delivery, container rental, and container pickup based upon the number of pickups. For ten (10) to forty (40) yard containers, customers will be billed separate disposal charges based upon weight-based fees plus all applicable taxes. Customers will be required to provide an advanced payment in the amount of four hundred dollars ($400.00) for two (2) yard to eight (8) yard detachable containers and eight hundred dollars ($800.00) for ten (10) to forty (40) yard Roll Off containers. The advanced payment will be held and applied to the final billing for services provided. 1. Temporary Container Base Pickup Fees: AGENDA ITEM # 9. h) ORDINANCE NO. ________ 15 Commercial Temporary Service Per Pickup 20213 January 1 – March 31, 2022 Starting April January 1, 20224 2 Yard Temporary $64.4270.93 $64.42 $67.0075.76 4 Yard Temporary $115.95127.67 $115.95 $120.59136.35 6 Yard Temporary $165.16181.85 $165.16 $171.77194.22 8 Yard Temporary $192.09211.50 $192.09 $199.77225.89 10 – 40 Yard Temporary $219.38241.73 $223.77 $230.35253.82 2. Temporary Container Rental Fees: Commercial Temporary Daily Rental 20213 January 1 – March 31, 2022 Starting April 1, 20224 2 Yard Temporary $6.447.09 $6.44 $6.707.57 4 Yard Temporary $6.447.09 $6.44 $6.707.57 6 Yard Temporary $6.447.09 $6.44 $6.707.57 8 Yard Temporary $6.447.09 $6.44 $6.707.57 10 – 40 Yard Temporary $9.7810.78 $9.98 $10.2711.32 Commercial Temporary Monthly Rental 20213 January 1 – March 31, 2022 Starting April 1, 20224 2 Yard Temporary $195.88215.65 $195.88 $203.79230.25 4 Yard Temporary $195.88215.65 $195.88 $203.79230.25 6 Yard Temporary $195.88215.65 $195.88 $203.79230.25 8 Yard Temporary $195.88215.65 $195.88 $203.79230.25 10 – 40 Yard Temporary $297.48327.89 $303.56 $312.38344.32 AGENDA ITEM # 9. h) ORDINANCE NO. ________ 16 3. Temporary Container Delivery Fee: A fee in the amount of sixty- nine dollars and ninety-eight cents ($69.98)seventy-seven dollars and eleven cents ($77.11) in 20213 and seventy-one dollars and thirty-nine cents ($71.39) for January 1 – March 31, 2022, and seventy-three dollars and forty-eight cents ($73.48) seventy- starting for April 1, eighty dollars and ninety-seven cents ($80.97) in 20224, will be charged for each temporary container delivered to the customer. F. Classification and Appeal: Service category classifications shall be on the basis of the type and volume of solid waste and the purpose and type of the dwelling or facility being served as determined by the Public Works Administrator of the City, or the Administrator’s duly authorized representative. Any person who shall deem their classification improper may appeal to the Solid Waste Coordinator Program Manager within forty-five (45) days following their classification or change of classification. After the decision of the Solid Waste Coordinator Program Manager, if the party appealing is still aggrieved, then the party may appeal to the Public Works Administrator, whose decision shall be final. SECTION III. These rates become effective with billings computed on or after February 1, 2023 for the 2023 rates and January 1, 2024 for the 2024 rates. SECTION IV. Upon approval of the City Attorney, the City Clerk is authorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering and references. The City AGENDA ITEM # 9. h) ORDINANCE NO. ________ 17 Clerk is further authorized to direct the codifier to update any chapter, section, or subsection titles in the Renton Municipal Code affected by this ordinance. SECTION V. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. SECTION VI. This ordinance shall be in full force and effect January 1, 2023. No later than five (5) days prior to such effective date, a summary consisting of this ordinance's title shall be published in the City's official newspaper. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022. __________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2022. __________________________ Armondo Pavone, Mayor Approved as to form: ______________________________ Shane Moloney, City Attorney Date of Publication: ___________ ORD-PW: 2253:10/31/22 AGENDA ITEM # 9. h) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ADOPTING THE 2018 EDITION OF THE INTERNATIONAL FIRE CODE AS ADOPTED AND AMENDED BY THE STATE BUILDING CODE COUNCIL IN CHAPTER 51-54A WAC, REVISING THE CITY’S AMENDMENTS THERETO IN SECTION 4-5-070 OF THE RENTON MUNICIPAL CODE, AUTHORIZING CORRECTIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits remain in effect and unchanged. SECTION II. Section 4-5-070 of the Renton Municipal Code is amended as follows: 4-5-070 INTERNATIONAL FIRE CODE AND FIRE PREVENTION REGULATIONS: A. PURPOSE: The following provisions and regulations are adopted as part of the City’s fire prevention program to abate existing fire hazards, to investigate the cause, origin and circumstances of fires, to inspect potential fire hazards, to control the means and adequacy of the construction and safety of buildings in case of fires, within commercial, business, industrial or manufacturing areas and all other places in which numbers of persons work, meet, live or congregate within the City of Renton, as hereinafter more particularly set forth. B. ADOPTION OF FIRE CODE AND STANDARDS: The International Fire Code, 2018 Edition, and its Appendices B and H, all published by the International Code Council, as adopted and amended by the AGENDA ITEM # 9. i) ORDINANCE NO. ________ 2 State Building Code Council in Chapter 51-54A WAC, and as amended in this Section, but not including International Fire Code Section 5707, are adopted by reference thereto as though fully set forth herein and shall be applicable within the City. Not less than one copy of such code and appendices shall be filed in the City Clerk’s office and shall be available for use and examination by the public.The City does hereby adopt the 2015 International Fire Code pursuant to Chapter 51- 54A of the Washington Administrative Code and Appendices B and H published by the International Code Council by reference as provided by State law, with the amendments, additions, deletions or exceptions as noted herein. C. AMENDMENTS, ADDITIONS, AND DELETIONS TO THE FIRE CODE: 1. Subsection 101.1, Title, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 101.1 Title. These regulations shall be known as the Fire Code of the City of Renton, hereinafter referred to as “this code.” Any references to “this jurisdiction” shall be references to the City of Renton, Washington. 2. Subsection 101.2, Scope, of the International Fire Code, 2015 Edition, is hereby amended by adding a new subsection 6, to read as follows: 6. Matters related to preparedness for natural or manmade disasters. 32. Subsection 102.7, Referenced codes and standards, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: AGENDA ITEM # 9. i) ORDINANCE NO. ________ 3 102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 80, except the phrase “Electrical Code adopted by the City of Renton” shall be substituted for all references to the National Electrical Code (NFPA 70). Such codes and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.7.1 and 102.7.2. 43. Subsection 103.1, General, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 103.1 General. All references in this code to the “department of fire prevention within the jurisdiction” shall be synonymous with the Fire 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. 54. Subsection 103.3, Deputies, of the International Fire Code, 2015 Edition, is hereby amended by changing the title to “Fire Marshal/Deputy(ies)/Assistant(s),” and to read as follows: 103.3 Fire Marshal/Deputy(ies)/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), Fire Plans Reviewer(s) and/or Assistant Fire Marshal(s), other related technical officers, inspectors and other employees. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 4 65. Subsection 103.4.1, Legal defense, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 103.4.1 Legal defense. Any employee performing duties in connection with the enforcement of this code and acting in good faith and without malice in the performance of such duties shall be relieved from any personal liability for any damage to persons or property as a result of any act or omission in the discharge of such duties, and in the event of claims and/or litigation arising from such act or omission, the City Attorney shall, at the request of and on behalf of said employee, investigate and defend such claims and/or litigation and if the claim be deemed by the City Attorney a proper one or if judgment be rendered against such administrative authority or employee, said claim or judgment shall be paid by the City. This subsection applies only to employees that are paid by and work directly for the City of Renton. It does not apply to those working for other entities, including the Renton Regional Fire Authority. 6. Subsection 103.4 Liability, is hereby amended to by adding a new subsection, to read as follows: 103.4.2 Recovery of Costs. The Fire Department may recover costs from responsible persons, or business or property owners, for any of the following: 1. Suppression and investigation of incendiary fires where the responsible party has been duly convicted of causing the fire. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 5 2. Personnel and apparatus costs associated with repeat responses to situations involving illegal burns after the second response within a calendar year to the same location. Apparatus costs shall be based on the fee schedule established by the King County Fire Chiefs’ Association. 7. Subsection 104.1, General, of the International Fire Code, 2015 Edition, is hereby amended by adding a new subsection, to read as follows: 104.1.1 Discretionary authority. The Fire Chief, Fire Marshal, Deputy Fire Marshals, Fire Plans Reviewer(s) and/or Assistant Fire Marshal(s) and Inspectors assigned to the Fire Department shall have the authority and discretion to enforce this code. 8. Subsection 104.10.1, Assistance from other agencies, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 104.10.1 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. 9. Subsection 104.11.2, Obstructing operations, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 104.11.2 Obstructing operations. No person shall obstruct the operations of the Fire 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 AGENDA ITEM # 9. i) ORDINANCE NO. ________ 6 the Fire Department in charge of the emergency, or any part thereof, or any lawful order of a police officer assisting the Fire Department. 109. Subsection 105.1.1, Permits required, of the International Fire Code, 2015 Edition, is hereby amended by adding a new subsection, to read as follows: 105.1.1.1 Operational permit fees. The fee for permits issued in accordance with Subsection 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. Exceptions: 1. Permit fees for Class IIIB liquid storage shall be assessed for each tank up to a total of five tanks, and no additional fee shall be charged for the sixth through the tenth tank. The eleventh tank and each subsequent tank of Class IIIB liquids shall be assessed per tank. 2. Permit fees for carbon dioxide systems used in beverage dispensing applications shall be waived. The permits shall expire one (1) year after date of issuance on December 31 of each calendar year 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, a late fee as specified for Fire Plan Review and Inspection AGENDA ITEM # 9. i) ORDINANCE NO. ________ 7 Fees in the City of Renton Fee Schedule shall be assessed in addition to the permit fees. 11. Subsection 105.3.2, Extensions, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 105.3.2 Extensions. A permittee holding an unexpired permit shall have the right to apply for an extension of the time within which the permittee will commence work under that permit when work is unable to be commenced within the time required by this section for good and satisfactory reasons. The Fire Code Official is authorized to grant, in writing, one (1) or more extensions of the time period of a permit for periods of not more than one hundred eighty (180) days each. Such extensions shall be requested by the permit holder in writing and justifiable cause demonstrated. 1210. Subsection 105.4.1, Submittals, of the International Fire Code, 2015 Edition, is hereby amended by adding new subsections, to read as follows: 105.4.1.2 Construction plan review. Plans shall be submitted for review and approval prior to issuing a permit for work set forth in Subsections 105.7.1 through 105.7.18. 105.7.25. 105.4.1.3 Plan review and construction fees. Construction plans required to be reviewed by this Chapter and the International Fire Code shall be charged in accordance with the City of Renton Fee Schedule Brochure. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 8 11. Subsection 105.6.3, Aviation facilities, is hereby amended to add a new subsection to read as follows: 105.6.3.1 Aircraft Refueling Vehicle. An annual operational permit is required to operate an aircraft refueling vehicle. 1312. Subsection 105.6.176, Flammable and combustible liquids, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 105.6.176 Flammable and combustible liquids. An operational permit is required: 1. 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 transportation in pipelines regulated by the Department of Transportation (DOT) nor does it apply to piping systems. 2. 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: 2.1. 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. 2.2 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. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 9 3. To store, handle or use Class II or Class IIIA liquids in excess of twenty-five (25) gallons (95L) 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. 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 10 9. To manufacture, process, blend or refine flammable or combustible liquids. 10. To engage in the dispensing of liquid fuels into the fuel tanks of motor vehicles at commercial, industrial, governmental or manufacturing establishments in accordance with Section 5706.5.4. 11. 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 in accordance with Section 5706.5.4. 1413. Subsection 105.6.243, Hot work operations, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 105.6.243 Hot works operations. An operational permit is required for hot work including, but not limited to: 1. Public exhibitions and demonstrations where hot work is conducted. 2. Use of portable hot work equipment inside a structure. [Exception deleted.] 3. Fixed-site hot work equipment such as welding booths. 4. Hot work conducted within a wildfire risk area. 5. Application of roof coverings with the use of an open-flame device. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 11 6. 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 Chapter and shall be responsible for issuing permits requiring compliance with the requirements found in Chapter 35. These permits shall be issued only to their employees or hot work operations under their supervision. 14. Subsection 105.6.30 Mobile food preparation vehicles is hereby amended to read as follows: 105.6.30 Mobile food facility. An operational permit is required to operate a mobile food facility. The Fire Code Official has discretion to accept a fire inspection from another King County fire agency when that inspection has been deemed comparable. 15. Subsection 105.6.367, Places of Assembly, of the International Fire Code, 2015 Edition, is hereby amended by adding a new subsection, to read as follows: 105.6.367.1 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. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 12 16. Subsection 105.6, Required operational permits, of the International Fire Code, 2015 Edition, is hereby amended to add a two (2) new subsections to read as follows: 105.6.50 Mobile Food Facilities. An operational permit is required to operate a mobile food facility. 105.6.51 Commercial Cooking Hood Suppression System Contractor. A permit is required for all companies performing any inspection, service, maintenance or repair on commercial cooking hood suppression systems. This permit shall be valid for twenty-four (24) months. 17. Subsection 105.7.103, Hazardous materials, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 105.7.103 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 Chapter 50 when the hazardous materials in use or storage exceed the amounts listed in Table 105.6.21. 105.6.20. Exceptions: 1. Routine maintenance. 2. For emergency repair work performed on an emergency basis, application for permit shall be made within two (2) working days of commencement of work. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 13 18. Subsection 1078.1, Maintenance of safeguards, of the International Fire Code, 2015 Edition, is hereby amended by adding a new subsection, to read as follows: 1078.1.1 Malfunctioning alarm fee. Whenever an alarm system is activated due to a malfunction and the Fire Department is dispatched, a report of the false alarm will be recorded for the building or area 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. 19. Subsection 1089.1, Board of appeals established, of the International Fire Code, 2015 Edition, is hereby amended by changing the title to “Hearing Examiner,” and amended to read as follows: 1089.1 Hearing Examiner. In order to hear and decide appeals of orders, decisions or determinations made by the Fire Code Official relative to the application and interpretation of this code, the Hearing Examiner process established by the City of Renton as set forth in RMC 4-8-110, shall have authority. 20. Subsection 1089.3, Qualifications, of the International Fire Code, 2015 Edition, is hereby deleted. 21. Subsection 10910.3, Notice of violation, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: AGENDA ITEM # 9. i) ORDINANCE NO. ________ 14 10910.3 Notice of violation. When the Fire Code Official finds a building, premises, vehicle, storage facility or outdoor area that is in violation of this code, the Fire Code Official is authorized to prepare a written notice of violation describing the conditions deemed unsafe and, when compliance is not immediate, specifying a time for reinspection. 22. Subsection 10910.3.1, Service, of the International Fire Code, 2015 Edition, is hereby amended by adding new subsections, to read as follows: 10910.3.1.1 Reinspection. Whenever the Fire 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. 10910.3.1.2 Reinspection Fee. 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 AGENDA ITEM # 9. i) ORDINANCE NO. ________ 15 must be received by the Fire Department prior to the expiration of the original reinspection date. 23. Subsection 10910.3.2, Compliance with orders and notices, of the International Fire Code, 2015 Edition, is hereby amended by adding a new subsection, to read as follows: 10910.3.2.1 Notice and Responsibility. Whenever the infraction, condition or violation involves the structural integrity of the building, then the notice of the infraction, condition or violation shall be sent to both the building owner and its occupant or occupants. Should compliance with the fire code – so as to remedy the infraction, condition or violation – require additions or changes to the building or premises, which would be part of the structure or the fixtures to the realty, then the responsibility to remedy the infraction, condition, or violation shall be upon the owner of the building unless the owner and occupant shall otherwise agree between themselves and so notify the City. If, then, Should the occupant does not remedy the infraction, condition, or violation, then the City shall have the right to demand such remedy from the owner of the premises. 24. Subsection 10910.4, Violation Penalties, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 10910.4 Violation Penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved AGENDA ITEM # 9. i) ORDINANCE NO. ________ 16 construction documents or directive of the Fire Code Official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor and subject to the penalties in RMC 1-3-1, except as provided in RMC 4-5-070.C.4344 and 10099. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 25. Subsection 1112.4, Failure to comply, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 1112.4 Failure to comply. Any person who shall continue any work 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 guilty of a misdemeanor, subject to RMC 1-3-1. 26. Section 202, General Definitions, of the International Fire Code, 2015 Edition, is hereby amended by changing the definitions of “Fire Chief” and “Fire Code Official” to read as follows: FIRE CHIEF. All references in this code to the fire chief shall mean the Fire Chief or chief administrative officer of the Renton Regional Fire Authority, or a duly authorized representative. FIRE CODE OFFICIAL. The Fire Chief, or his or her designee, who shall be the chief law enforcement officer with respect to this code. 27. Section 202, General Definitions, of the International Fire Code, 2015 Edition, is hereby amended by adding the following definitions: AGENDA ITEM # 9. i) ORDINANCE NO. ________ 17 AIRCRAFT REFUELING VEHICLE. A fuel servicing hydrant vehicle, hydrant cart, or an aircraft servicing tank vehicle as defined in NFPA 407. AUTOMATED EXTERNAL DEFIBRILLATOR (AED). An automated external defibrillator (AED) is a portable automatic device used to restore normal heart rhythm to patients in cardiac arrest. MOBILE FOOD FACILITY. Permanent and nonpermanent food operation vehicles that store, prepare, package, serve, vend, or otherwise provide food for human consumption, on or off the premises. PRIVATE SMOKING CLUB. A place where smoking (as that term is defined by Chapter 70.160 RCW) occurs, that is privately operated, employs no employees and is not open to the public, or which otherwise holds itself out as meeting the criteria for such a place as established by the King County Department of Public Health. SHALL. The word “shall” is defined to have the following meaning: a. With respect to the functions and powers of the Fire Code Official, any agents and employees of the City of Renton, and any Board authorized hereunder, a direction and authorization to act in the exercise of sound discretion and in good faith; and b. With respect to the obligations upon owners, occupants of the premises and their agents, there is a mandatory requirement to act in compliance with this code at the risk of civil and criminal liability upon failure to so act. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 18 SPECIAL EVENT. For the purposes of this code, events that have large occupant loads or create a potential hazard to the participants or the community shall be defined as a “special event” including: a. Any event that occurs in a permitted place of assembly that introduces a hazard regulated by this code and not approved at the time of the issuance of the Place of Assembly Permit. b. Any event with an occupant load that exceeds three hundred (300) in a location that does not have a Place of Assembly Permit. c. All temporary places of assembly. TEMPORARY PLACE OF ASSEMBLY. An occupancy not classified as “Assembly Group A” that is used for activities normally restricted to assembly occupancies and limited to a period of less than thirty (30) calendar days of assembly use. 28. Subsection 307.1, General, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 307.1 General. Open burning is hereby prohibited in conformance with the Puget Sound Clean Air Agency and the Department of Ecology regulations. 29. Subsection 307.2, Permit required, of the International Fire Code, 2015 Edition, is hereby deleted. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 19 30. Section 308, Open Flames, of the International Fire Code, 2015 Edition, is hereby amended to add a new subsection 308.5, Sky Lanterns, to read as follows: 308.5 Sky Lanterns. The lighting and/or release of sky lanterns or like materials shall be prohibited in the City of Renton. 31. Subsection 314.4, Vehicles, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 314.4 Vehicles. Liquid-or gas-fueled vehicles, fueled equipment, boats or other motor craft shall not be located indoors except as follows: 1. Batteries are disconnected. 2. Fuel in fuel tanks does not exceed one-quarter (1/4) tank or five (5) gallons (19 L) (whichever is least). 3. Fuel tanks and fill openings are closed and sealed to prevent tampering. 4. Vehicles, boats, other motor craft equipment, and fueled equipment are not fueled or defueled within the building. 31. Subsection 319.1, General, is hereby amended to read as follows: 319.1 General. Mobile food preparation vehicle and mobile food facilities shall comply with this section. 32. Section 319, Mobile Food Preparation Vehicles, is amended to add a new subsection to read as follows: AGENDA ITEM # 9. i) ORDINANCE NO. ________ 20 319.11 Location. Mobile food facilities shall not be located within ten feet (10') of buildings, tents, canopies or membrane structures, or within ten feet (10') of any other mobile food facility. Exceptions: 1. When mobile food facilities are positioned on public streets, the distance from buildings may be reduced to five feet (5'). This exception is designated for events lasting a maximum of no more than three (3) consecutive calendar days in a row. 2. When located on private property, the distance from buildings may be reduced to five feet (5') if exposed by a fire wall constructed of materials of clay or concrete only and having no openings such as windows or doors. 32. Subsection 401.3, Emergency responder notification, of the International Fire Code, 2015 Edition, is hereby amended by changing the title to “Emergency services notification,” and to read as follows: 401.3 Emergency services notification. In the event an unwanted fire, medical emergency, or hazardous material release occurs on a property, the owner or occupant shall immediately report such condition to the Fire Department. Building employees and tenants shall implement the appropriate emergency plans and procedures. No person shall, by verbal or written directive, require any delay in the reporting of a fire, medical emergency, or hazardous material release to the Fire Department. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 21 401.3.1 Making false report. It shall be unlawful for a person to give, signal, or transmit a false alarm. 401.3.2 Alarm activations. Upon activation of a fire alarm signal, employees or staff shall immediately notify the Fire Department. 33. Subsection 401.5, Making a false report, is hereby amended to read as follows: 401.5 Making false report. It shall be a misdemeanor for a person to give, signal, or transmit a false fire alarm. 34. Subsection 401.6, Emergency evacuation drills, is hereby amended to read as follows: 401.3.36 Emergency evacuation drills. Nothing in this section shall prohibit the sounding of a fire alarm signal or the carrying out of an emergency evacuation drill in accordance with the provisions of Section 405. 3335. Subsection 403.2, Group A occupancies, of the International Fire Code, 2015 Edition, is hereby amended by adding new subsections to read as follows: 403.2.5 Automated External Defibrillators (AED). Group A-1 through A-5 occupancies with an occupancy load of three hundred (300) or more persons, shall have available and maintain an AED on the premises. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 22 403.2.5.1 Placement. The location of the AEDs shall be as determined by the Fire Code Official with a one way travel distance not to exceed six hundred (600) feet. 403.2.5.2 Notification. The Fire Department shall be notified in writing of the installation and location of an AED on the premises. 403.2.5.32 AED Maintenance. AEDs shall be maintained as per the manufacturer’s requirements. 403.2.5.43 Automated External Defibrillator (AED) Training. Where AEDs are required by this code, employees shall be trained in the use of and be familiar with the locations of the AEDs. 34. Subsection 403.8.1, Group I-1 occupancies, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 403.8.1 Group I-1 occupancies. Group I-1 occupancies shall comply with the requirements of Subsections 403.8.1.1 through 403.8.1.7. 35. Subsection 403.8.2, Group I-2 occupancies, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 403.8.2 Group I-2 occupancies. Group I-2 occupancies shall comply with the requirements of Subsections 403.8.2.1 through 403.8.2.3, 401, 404 through 406, and 403.13 through 403.13.8. 36. Subsection 403.8.3, Group I-3 occupancies, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: AGENDA ITEM # 9. i) ORDINANCE NO. ________ 23 403.8.3 Group I-3 occupancies. Group I-3 occupancies shall comply with the requirements of Subsections 403.8.3.1 through 403.8.3.4. 3736. Section 403, Emergency Preparedness Requirements, of the International Fire Code, 2015 Edition, is hereby amended by adding a new subsection to read as follows: 403.13 Boarding homes and residential care facilities (I-1, I-2, I-3, R-2 and R-4 occupancies). Facilities classified as nursing homes by Washington State Administrative Code subsection 388-97-0001 shall comply with Subsections 408.12.1 through 408.12.8. Facilities classified as boarding homes by Washington State Administrative Code subsection 388- 78A-2020 shall comply with Subsections 408.12.1 through 408.12.5 for those residents who are unable to care for themselves because of special needs due to health or age. Boarding homes and/or Assisted Living Facilities as defined by the State Building Code shall comply with Subsections 408.12.6 403.13.1 through 408.12.8403.13.5 regardless of the capabilities of their residents. R-2 and R-4 occupancies that do not fall under the State definition of boarding homes (Washington Administrative Code subsection 388-78A-2020) are exempt from requirements under Subsection 408.12. 403.13.1 Receiving facilities. The fire safety, emergency and evacuation plans must include memoranda of understanding (MOU) with AGENDA ITEM # 9. i) ORDINANCE NO. ________ 24 appropriate facilities that can receive residents with special needs if the host facility must be evacuated. 403.13.2 Transportation agreements. The fire safety, emergency and evacuation plans must include memoranda of understanding (MOU) with transportation companies or services to provide sufficient transportation resources for residents with special needs and their attending staff in the event of an evacuation. 403.13.3 Residential tracking. The fire safety, emergency and evacuation plans must include provisions for tracking residents with special needs in the event of an evacuation. The facility must be able to account for each resident’s method of transportation and destination including residents who are picked up by non-staff members, even if a transfer of care occurs after the resident’s arrival at a secondary facility. 403.13.4 Medications and medical equipment. The fire safety, emergency and evacuation plan must include provisions for transporting medications and essential medical equipment for residents to the receiving location in the event of an evacuation. 403.13.5 Access to patient medical records. Staff must have access to patient medical records and information in the event of a disaster or emergency. It is the responsibility of the facility operators to arrange for secure records storage to access vital medical records even if residents or patients have been evacuated to a secondary facility. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 25 403.13.6 403.13.4 Emergency communications. The facility must maintain the ability to receive emergency warnings and public information messages even during a power outage. A NOAA weather radio along with a battery operated AM/FM radio provides sufficient warning and information capability to meet this requirement. The facility must have an emergency communications plan to communicate with off-site staff to inform them of the facility’s status, evacuations, or a need for increased staffing levels if normal modes of communication are not operational. The emergency communications plan will also address communication with the families of residents regarding residents’ status, location and safety when the resident is unable to carry out communications on their own, in accordance with state law. 403.13.7403.13.5 Environment. The facility must have a plan and readily accessible provisions to maintain a safe temperature environment and adequate ventilation for residents in the event of a utility or equipment outage. The facility must also provide non-flame sources of lighting sufficient to keep residents safe when moving around the facility. Candles or other flame sources of heat and light are not approved due to the increased risk of fire. 403.13.8 Supplies. The facility must have a minimum of a three (3) day supply of non-perishable food, water, medical, hygiene, sanitation and other supplies necessary to provide a safe environment and sustain the AGENDA ITEM # 9. i) ORDINANCE NO. ________ 26 life, health, and comfort of the residents and the staff that care for them. All supplies must fit the dietary and medical needs of residents and staff. The supplies should also be transported to the receiving facility during an evacuation if the availability of the necessary supplies cannot be guaranteed at the secondary location. Exception: If there is backup power for refrigeration, the three (3) days’ supply of food may be stored in any form. 3837. Subsection 503.1, Where required, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Subsections 503.1.1 through 503.2. 38. Subsection 503.1.1, Buildings and facilities, of the International Fire Code, 2018 Edition, is hereby adopted. 39. Subsection 503.1.2, Additional access, of the International Fire Code, 20158 Edition, is hereby adopted and amended to add a new subsection, to read as follows: 503.1.2.1 Two means of access. Two (2) means of approved access shall be required when a complex of three (3) or more buildings is located more than two hundred feet (200') from a public road. (RMC 4-6-060.H.5) 40. Subsection 503.2, Specifications, of the International Fire Code, 20158 Edition, is hereby adopted and amended to read as follows: AGENDA ITEM # 9. i) ORDINANCE NO. ________ 27 503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with RMC 4-4-080 and 4-6-060. 41. Subsection 503.4, Obstruction of fire apparatus access roads, of the International Fire Code, 20158 Edition, is hereby amended by adding a new subsection, to read as follows: 503.4.1 Enforcement. The Fire Department may issue non-traffic citations to vehicles parked in a fire lane or blocking a fire hydrant in accordance with the Bail Schedule established by Renton Municipal Court. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. 41. Section 504, Access to Building Openings and Roofs, Access to Building Openings and Roofs, is hereby amended by adding a new subsection, to read as follows: 504.4 Buildings with enclosed interior courtyards. New buildings with enclosed interior courtyards shall have a straight/direct access corridor and/or stairway from the exterior to the courtyard at a location acceptable to the Fire Code Official. If a stairway is used it shall comply with International Fire Code Section 1011 and a corridor shall comply with International Fire Code Section 1020. The access shall have a minimum width of four feet (4’) and be large enough to carry a thirty-five-foot (35’) long sectional ladder (minimum folded length twenty feet (20’)) directly AGENDA ITEM # 9. i) ORDINANCE NO. ________ 28 from the exterior to the courtyard without obstructions. The access door shall be marked at the street as “Direct access to courtyard.” 42. Subsection 505.1, Address numbers identification, of the International Fire Code, 2015 Edition, is hereby amended by adding new subsections, to read as follows: 505.1.1 Identification size. In order that the address identification is plainly visible, the following minimum sizes, figures or numbers, in block style in contrasting color shall be used in accordance with the following: 1. Single-family residential houses – four inches (4"). 2. Multi-family residential, commercial, or small business: fifty feet (50') or less setback – six inches (6"); more than fifty feet (50') setback – ten inches (10"). 3. Large commercial or industrial areas: one hundred feet (100') or less setback – eighteen inches (18"); more than one hundred feet (100') setback – twenty-four inches (24"). 505.1.2 Rear Door Marking. When vehicle access is provided to the rear of commercial, industrial and warehouse buildings, the rear doors servicing individual businesses shall be marked to indicate address and/or unit identification with letters or numbers at least four inches (4") high. 505.1.3 Suite numbers. Buildings consisting of separate suites with the same building address shall have their suite number marked so that AGENDA ITEM # 9. i) ORDINANCE NO. ________ 29 the suite is readily identifiable and the numbers or letters sized as per Subsection 505.1.1. Exception: Suites located on an interior hall or corridor shall have lettering at least one inch (1") high. 43. Subsection 507.5.1, Where required, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 507.5.1 Where required. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than one hundred fifty feet (150') from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the Fire Code Official. Exceptions: 1. For Group R-3 and Group U occupancies, the distance requirement shall be three hundred feet (300'). 2. Deleted. 44. Section 510, Emergency Responder Radio Coverage, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 510.1 Purpose. The purpose of this section is to provide minimum standards to ensure a reasonable degree of reliability for emergency services communications from within certain buildings and structures within the City to and from emergency communications centers. It is the AGENDA ITEM # 9. i) ORDINANCE NO. ________ 30 responsibility of the emergency service provider to get the signal to and from the building site. 510.2 Applicability. This section applies to new construction permits issued after the effective date of this section. A Certificate of Occupancy shall not be issued to any structure if the building fails to comply with this section. 510.3 Building radio coverage. Except as otherwise provided, no person shall maintain, own, erect, or construct any building or structure or any part thereof, or cause the same to be done which fails to support adequate radio coverage for City emergency services workers, including but not limited to firefighters and police officers. For purposes of this section, adequate radio coverage shall mean that the in-building radio coverage is sufficient to pass the testing procedures set forth in this section. Permits to install any In-Building Radio System will require a construction permit issued by the City of Renton Fire Department. 510.4 Exceptions. This section shall not apply to the following: 510.4.1 Existing buildings or structures unless undergoing renovation. 510.4.2 Single-family and duplex residential buildings. 510.4.3 Structures that are fifty thousand (50,000) square feet in size or less without subterranean storage or parking. The subterranean areas shall not be exempt from these requirements. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 31 510.4.4 Wood-constructed residential structures four (4) stories or less without subterranean storage or parking. 510.4.5 Buildings constructed prior to the implementation of this section shall not be required to comply with public safety radio coverage provisions of this section. However, should exempted structures undergo renovations, restoration, significant modifications or provide an addition in area greater than twenty percent (20%) of the footprint of the original structure, exemption from the provisions of this section shall not apply. 510.5 Adequate radio coverage. Minimum signal strength of three (3) micro volts shall be available in ninety-five percent (95%) of all areas of the building and ninety-nine percent (99%) in elevators (measured at the primary recall floor), stair shafts and Fire Command Centers when transmitted from the Regional 800 MHz Radio System. 510.6 Minimum signal strength. Minimum signal strength of one (1) micro volts received by the Regional 800 MHz Radio System when transmitted from ninety-five percent (95%) of all areas of the building and ninety-nine percent (99%) in elevators (measured at the primary recall floor), stair shafts and Fire Command Centers. 510.7 Frequency range. 510.7.1 The frequency range which must be supported shall be public safety frequency spectrum as determined by the regional Radio System operator in all areas of the building. Measurements in buildings for AGENDA ITEM # 9. i) ORDINANCE NO. ________ 32 the purpose of this section shall be to a portable radio of the type the City and the 911 system then currently utilize. The Fire Chief may designate alternate methods of measuring the signal level, which satisfy appropriate levels of public safety grade coverage. 510.7.2 The amplification system must be capable of future modifications to a frequency range subsequently established by the City. If the system is not capable of modification to future frequencies, then a new system will need to be installed to accommodate the new frequency band. 510.8 Approved prior to installation. No amplification system capable of operating on frequencies used by the Regional 800 MHz Radio System shall be installed without prior coordination and approval of the radio system licensee (Valley Communications) and any such system must comply with any standards adopted by the King County Regional Communications Board. 510.9 Noncompliance. After discovery and notice of noncompliance, the building owner is provided six (6) months to remedy the deficiency and gain compliance. 510.1 Emergency responder radio coverage in new buildings. Approved radio coverage for emergency responders shall be provided within buildings meeting any of the following conditions: 1. High rise buildings; AGENDA ITEM # 9. i) ORDINANCE NO. ________ 33 2. The total building area is fifty thousand square feet (50,000’) or more; 3. The total basement area is ten thousand square feet (10,000’) or more; or 4. There are floors used for human occupancy more than thirty feet (30’) below the finished floor of the lowest level of exit discharge. 5. Buildings or structures where the Fire Code Official or police chief determines that in-building radio coverage is critical because of its unique design, location, use or occupancy. The radio coverage system shall be installed in accordance with Sections 510.4 through 510.5.5 of this code and with the provisions of NFPA 1221 This section shall not require improvement of the existing public safety communication systems. When determining if the minimum signal strength referenced in 510.4.1.1 exists at a subject building, the signal strength shall be measured at any point on the exterior of the building up to the highest point on the roof. Exceptions: 1. Buildings and areas of buildings that have minimum radio coverage signal strength levels of the King County Regional 800 MHz Emergency Radio System within the building in accordance with Section 510.4.1 without the use of a radio coverage system. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 34 2. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of that facility, the Fire Code Official shall have the authority to accept an automatically activated emergency responder radio coverage system. 3. One (1)- and two (2)- family dwellings and townhouses. 4. Subject to the approval of the Fire Code Official, buildings other than high-rise buildings, colleges, universities, and buildings primarily occupied by Group E or I occupancies that have completed a Mobile Emergency Responder Radio Coverage application and submitted payment as outline in the application. 510.2 Emergency responder radio coverage in existing buildings. Existing buildings shall be provided with approved radio coverage for emergency responders as required in Chapter 11. 510.3 Permit required. A construction permit for the installation of or modification to emergency responder radio coverage systems and related equipment is required as specified in Section 105.7.6. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. Prior coordination and approval from the Public Safety Radio System Operator is required before installation of an emergency responder radio system. Until 2022, such approval is required from King AGENDA ITEM # 9. i) ORDINANCE NO. ________ 35 County or Valley Communications Center. In 2022 Puget Sound Emergency Radio Network (PSERN) will be the single operator of a county-wide system. In order to be forward compatible, designers and contactors should be aware of PSERN’s requirements for Distributed Antenna Systems. 510.4 Technical requirements. Systems, components, and equipment required to provide the emergency responder radio coverage system shall comply with Sections 510.4.1 through 510.4.2.8. 510.4.1 Emergency responder communication enhancement system signal strength. The building shall be considered to have acceptable emergency responder communications enhancement system coverage when signal strength measurements in ninety-five percent (95%) of all areas on each floor of the building meet the signal strength requirements in Sections 510.4.1.1 through 510.4.1.3. Exception: Critical areas, defined for purposes of this Section 4-5- 070 by PSERN of King County, as the fire command center(s), the fire pump room(s), interior exit stairways, exit passageways, elevator lobbies, standpipe cabinets, sprinkler sectional valve locations, and other areas required by the Fire Code Official, shall be provided with ninety-nine percent (99%) floor area radio coverage. 510.4.1.1 Minimum signal strength into the building. The minimum inbound signal strength shall be sufficient to provide usable AGENDA ITEM # 9. i) ORDINANCE NO. ________ 36 voice communications throughout the coverage area as specified by the Fire Code Official. The inbound signal level shall be a minimum of -95dBm in ninety-five percent (95%) of the coverage area and ninety-nine percent (99%) in critical areas and sufficient to provide not less than a Delivered Audio Quality (DAQ) of 3.0 or an equivalent Signal-to-Interference-Plus- Noise Ratio (SINR) applicable to the technology for either analog or digital signals. 510.4.1.2 Minimum signal strength out of the building. The minimum outbound signal strength shall be sufficient to provide usable voice communications throughout the coverage area as specified by the Fire Code Official. The outbound signal level shall be sufficient to provide not less than a DAQ of 3.0 or an equivalent SINR applicable to the technology for either analog or digital signals. A minimum signal strength of -95 dBm shall be received by the King County Regional 800 MHz Emergency Radio System when transmitted from within the building. 510.4.1.3 System performance. Signal strength shall be sufficient to meet the requirements of the applications being utilized by public safety for emergency operations through the coverage area as specified by the radio system manager (Public Radio System Operator) in section 510.4.2.2. 510.4.2 System design. The emergency responder radio coverage system shall be designed in accordance with Sections 510.4.2.1 through 510.4.2.8 and NFPA 1221. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 37 510.4.2.1 Amplification systems and components. Buildings and structures that cannot support the required level of radio coverage shall be equipped with systems and components to enhance the public safety radio signals and achieve the required level of radio coverage specified in Sections 510.4.1 through 510.4.1.3. Public safety communications enhancement systems utilizing radio-frequency-emitting devices and cabling shall be allowed by the Public Safety Radio System Operator. Prior to installation, all RF-emitting devices shall have the certification of the radio licensing authority and be suitable for public safety use. 510.4.2.2 Technical criteria. The Public Safety Radio System Operator shall provide the various frequencies required, the location of radio sites, the effective radiated power of radio sites, the maximum propagation delay in microseconds, the applications being used and other supporting technical information necessary for system design upon request by the building owner or owner’s representative. 510.4.2.3 Power supply sources. Emergency responder radio coverage systems shall be provided with dedicated standby batteries or provided with two (2)-hour standby batteries and connected to the facility generator power system in accordance with Section 1203. The standby power supply shall be capable of operating the emergency responder radio coverage system at one hundred percent (100%) system capacity for a duration of not less than twelve (12) hours. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 38 510.4.2.4 Signal booster requirements. If used, signal boosters shall meet the following requirements: 1. All signal booster components shall be contained in a National Electrical Manufacturer’s Association (NEMA) 4, IP66-type waterproof cabinet or equivalent. Exception: Listed battery systems that are contained in integrated battery cabinets. 2. Battery systems used for the emergency power source shall be contained in a NEMA 3R or higher-rated cabinet, IP65-type waterproof cabinet, or equivalent. 3. Equipment shall have Federal Communications Commission (FCC) or other radio licensing authority certification and be suitable for public safety use prior to installation. 4. Where a donor antenna exists, isolation shall be maintained between the donor antenna and all inside antennas to not less than 20dB greater than the system gain under all operating conditions. 5. Bi-Directional Amplifiers (BDAs) used in emergency responder radio coverage systems shall be fitted with anti-oscillation circuitry and per-channel AGC. 6. The installation of amplification systems or systems that operate on or provide the means to cause interference on any emergency AGENDA ITEM # 9. i) ORDINANCE NO. ________ 39 responder radio coverage networks shall be coordinated and approved by the Public Safety Radio System Operator. 7. Unless otherwise approved by the Public Safety Radio System Operator, only channelized signal boosters shall be permitted. Exception: Broadband BDAs may be utilized when specifically authorized in writing by the Public Safety Radio System Operator 8. BDAs must also comply with PSERN’s detailed requirements, which include channelized, minimum, of twenty-eight (28) channels, supporting analog, P25 Phase I (FDMA), and P25 Phase II (TDMA). 510.4.2.5 System monitoring. The emergency responder radio enhancement system shall include automatic supervisory and trouble signals that are monitored by a supervisory service and are annunciated by the fire alarm system in accordance with NFPA 72. The following conditions shall be separately annunciated by the fire alarm system, or, if the status of each of the following conditions is individually displayed on a dedicated panel on the radio enhancement system, a single automatic supervisory signal may be annunciated on the fire alarm system indicating deficiencies of the radio enhancement system: 1. Loss of normal AC power supply. 2. System battery charger(s) failure. 3. Malfunction of the donor antenna(s). 4. Failure of active RF-emitting device(s). AGENDA ITEM # 9. i) ORDINANCE NO. ________ 40 5. Low-battery capacity at seventy percent (70%) reduction of operating capacity. 6. Active system component malfunction. 7. Malfunction of the communications link between the fire alarm system and the emergency responder radio enhancement system. 510.4.2.6 Additional frequencies and change of frequencies. The emergency responder radio coverage system shall be capable of modification or expansion in the event frequency changes are required by the FCC or other radio licensing authority, or additional frequencies are made available by the FCC or other radio licensing authority. 510.4.2.7 Design documents. The fire code official shall have the authority to require “as-built” design documents and specifications for emergency responder communications coverage systems. The documents shall be in a format acceptable to the Fire Code Official. 510.4.2.8 Radio communication antenna density. Systems shall be engineered to minimize the near-far effect. Radio enhancement system designs shall include sufficient antenna density to address reduced gain conditions. Exceptions: 1. Class A narrow band signal booster devices with independent AGC/ALC circuits per channel. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 41 2. Systems where all portable devices within the same band use active power control. 510.5 Installation requirements. The installation of the public safety radio coverage system shall be in accordance with NFPA 1221 and Sections 510.5.1 through 510.5.7. 510.5.1 Approval prior to installation. Amplification systems capable of operating on frequencies licensed to any public safety agency by the FCC or other radio licensing authority shall not be installed without prior coordination and approval of the Public Safety Radio System Operator. 510.5.2 Minimum qualifications of personnel. The minimum qualifications of the system designer and lead installation personnel shall include both of the following: 1. A valid FCC-issued general radio telephone operator’s license. 2. Certification of in-building system training issued by an approved organization or approved school, or a certificate issued by the manufacturer of the equipment being installed. 510.5.3 Acceptance test procedure. Where an emergency responder radio coverage system is required, and upon completion of installation, the building owner shall have the radio system tested to verify that two-way coverage on each floor of the building is in accordance with Section 510.4.1. The test procedure shall be conducted as follows: AGENDA ITEM # 9. i) ORDINANCE NO. ________ 42 1. Each floor of the building shall be divided into a grid of twenty (20) approximately equal test areas, with a maximum test area size of six thousand four hundred square feet (6,400’). Where the floor area exceeds one hundred twenty-eight square feet (128,000’), the floor shall be divided into as many approximately equal test areas as needed, such that no test area exceeds the maximum square footage allowed for a test area. 2. Coverage testing of signal strength shall be conducted using a calibrated spectrum analyzer for each of the test grids. A diagram of this testing shall be created for each floor where coverage is provided, indicating the testing grid used for the test in Section 510.5.3(1), shall include signal strengths and frequencies for each test area, and shall indicate all critical areas. 3. Functional talk-back testing shall be conducted using two calibrated portable radios of the latest brand and model used by the agency’s radio communications system or other equipment approved by the Fire Code Official. Testing shall use Digital Audible Quality (DAQ) metrics, where a passing result is a DAQ of 3 or higher. Communications between handsets shall be tested and recorded in the grid square diagram required by section 510.5.3(2): each grid square on each floor; between each critical area and a radio outside the building; between each critical area and the fire command center or fire alarm control panel; between AGENDA ITEM # 9. i) ORDINANCE NO. ________ 43 each landing in each stairwell; and the fire command center or fire alarm control panel. 4. Failure of more than five percent (5%) of the test area on any floor shall result in failure of the test. Exception: Critical areas shall be provided with ninety-nine percent (99%) floor area coverage. 5. In the event that two of the test areas fail the test, in order to be more statistically accurate, the floor shall be permitted to be divided into forty (40) equal test areas. Failure of not more than two (2) nonadjacent test areas shall not result in failure of the test. If the system fails the forty (40)-area test, the system shall be altered to meet the ninety- five percent (95%) coverage requirement. 6. A test location approximately in the center of each test area shall be selected for the test, with the radio enabled to verify two-way communications to and from the outside of the building through the public agency’s radio communications system. Once the test location has been selected, that location shall represent the entire test area. Failure in the selected test location shall be considered to be a failure of that test area. Additional test locations shall not be permitted. 7. The gain values of all amplifiers shall be measured and the test measurement results shall be kept on file with the building owner so that the measurements can be verified during annual tests. In the event that AGENDA ITEM # 9. i) ORDINANCE NO. ________ 44 the measurement results become lost, the building owner shall be required to rerun the acceptance test to reestablish the gain values. 8. As part of the installation, a spectrum analyzer or other suitable test equipment shall be utilized to ensure spurious oscillations are not being generated by the subject signal booster. This test shall be conducted at the time of installation and at subsequent annual inspections. 9. Systems incorporating Class B signal booster devices or Class B broadband fiber remote devices shall be tested using two portable radios simultaneously conducting subjective voice quality checks. One portable radio shall be positioned not greater than ten feet (10’) (3048 mm) from the indoor antenna. The second portable radio shall be positioned at a distance that represents the farthest distance from any indoor antenna. With both portable radios simultaneously keyed up on different frequencies within the same band, subjective audio testing shall be conducted and comply with the DAQ levels as specified in Sections 510.4.1.1 and 510.4.1.2. 10. Documentation maintained on premises. At the conclusion of the testing, and prior to issuance of the building Certificate of Occupancy, the building owner or owner’s representative shall place a copy of the following records in the DAS enclosure or onsite at the building engineer’s office. The records shall be available to the Fire Code Official and maintained by the building owner for the life of the system: AGENDA ITEM # 9. i) ORDINANCE NO. ________ 45 a. A certification letter stating that the emergency responder radio coverage system has been installed and tested in accordance with this code, and that the system is complete and fully functional. b. The grid square diagram created as part of testing in 510.5.3(2) c. Data sheets and/or manufacturer specifications for the emergency responder radio coverage system equipment, back up battery, and charging system (if utilized). d. A diagram showing device locations and wiring schematic. e. A copy of the electrical permit. 10. Acceptance test reporting to the Fire Code Official. At the conclusion of the testing, and prior to the issuance of the building Certificate of Occupancy, the building owner or owner’s representative shall submit to the Fire Code Official a report of the acceptance test. 510.5.4 FCC compliance. The emergency responder radio coverage system installation and components shall comply with all applicable federal regulations including, but no limited to, FCC 47 CFR Part 90.219. 510.5.5 Mounting of the donor antenna(s). To maintain proper alignment with the system designed donor site, donor antennas shall be permanently affixed on the highest possible position on the building or where approved by the Fire Code Official. A clearly visible sign shall be placed near the antenna stating “movement or repositioning of this antenna is prohibited without approval from the Fire Code Official.” The AGENDA ITEM # 9. i) ORDINANCE NO. ________ 46 antenna installation shall be in accordance with the applicable requirements in the International Building Code for weather protection of the building envelope. 510.5.6 Wiring. The backbone, antenna distribution, radiating, or any fiber-optic cables shall be rated as plenum cables. The backbone cables shall be connected to the antenna distribution, radiating, or copper cables using hybrid coupler devices of a value determined by the overall design. Backbone cables shall be routed through an enclosure that matches a building’s required fire-resistance rating for shafts or interior exit stairways. The connection between the backbone cable and the antenna cables shall be made within an enclosure that matches the building’s fire rating for shafts or interior exit stairways, and passage of the antenna distribution cable in and out of the enclosure shall be protected as a penetration pursuant to the International Building Code. 510.5.7 Identification signs. Emergency responder radio coverage systems shall be identified by an approved sign located on or near the Fire Alarm Control Panel or other approved location stating “This building is equipped with an Emergency Responder Radio Coverage System” “Control Equipment located in room _____.” A sign stating “Emergency Responder Radio Coverage System Equipment” shall be placed on or adjacent to the door of the room containing the main system components. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 47 510.6 Maintenance. The emergency responder radio coverage system shall be maintained operational at all times in accordance with Sections 510.6.1 through 510.6.7. 510.6.1 Testing and proof of compliance. The owner of the building or owner’s authorized agent shall have the emergency responder radio coverage system inspected and tested annually or where structural changes occur including additions or remodels that could materially change the original field performance tests. Testing shall consist of the following items (1) through (7): 1. In-building coverage test as required by the Fire Code Official as described in Section 510.5.3 “Acceptance test procedure” or 510.6.1.1 “Alternative in-building coverage test.” Exception: Group R Occupancy annual testing is not required within dwelling units. 2. Signal boosters shall be tested to verify that the gain/output level is the same as it was upon initial installation and acceptance or set to optimize the performance of the system. 3. Backup batteries and power supplies shall be tested under load of a period of two (2) hours to verify that they will properly operate during an actual power outage. If within the two(2)-hour test period the battery exhibits symptoms of failure, the test shall be extended for additional one (1)-hour periods until the integrity of the battery can be determined. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 48 4. If a fire alarm system is present in the building, a test shall be conducted to verify that the fire alarm system is properly supervising the emergency responder communication system as required in Section 510.4.2.5. The test is performed by simulating alarms to the fire alarm control panel. The certification in Section 510.5.2 is sufficient for the personnel performing this testing. 5. Other active components shall be checked to verify operation within the manufacturer’s specifications. 6. At the conclusion of the testing, a report, which shall verify compliance with Section 510.6.1, shall be submitted to the Fire Code Official. 7. At the conclusion of the testing, a record of the inspection and maintenance along with an updated grid diagram of each floor showing tested strengths in each grid square and each critical area shall be added to the documentation maintained on the premises in accordance with Section 510.5.3. 510.6.1.1 Alternative in-building coverage test. When the comprehensive acceptance test documentation required by Section 510.5.3(10) and most recent previous five (5)-year test results are available, the in-building coverage test required by the Fire Code Official in Section 510.1 and 510.2, may be conducted as follows: AGENDA ITEM # 9. i) ORDINANCE NO. ________ 49 1. Functional talk-back testing shall be conducted using a calibrated portable radio of the latest brand and model used by the agency’s radio communications system or other equipment approved by the Fire Code Official. Testing shall use Digital Audible Quality (DAQ) metrics, where a passing result in a DAQ of 3 or higher. Communications between handsets in the following locations shall be tested: between the fire command center and a location outside the building, and between the fire alarm control panel and each landing in each stairwell. 2. Coverage testing of signal strength shall be conducted using a calibrated spectrum analyzer for: (a) Three (3) grid areas per floor. The three (3) grid areas to be tested on each floor are the three (3) grid areas with poorest performance in the acceptance test or the most recent annual test, whichever is most recent; and (b) Each of the critical areas identified in acceptance test documentation required by Section 510.5.3(10), or as modified by the Fire Code Official; and (c) One (1) grid square per serving antenna. 3. The test area boundaries shall not deviate from the areas established at the time of the acceptance test, or as modified by the Fire Code Official. The building shall be considered to have acceptable emergency responder radio coverage when the required signal strength AGENDA ITEM # 9. i) ORDINANCE NO. ________ 50 requirements in 510.4.1.1 and 510.4.1.2 are located in ninety-five percent (95%) of all areas on each floor of the building and ninety-nine percent (99%) in critical areas, and any non-functional serving antenna are repaired to function within normal ranges. If the documentation of the acceptance test and most recent previous annual test results are not available or acceptable to the Fire Code Official, the annual talk-back testing described in 510.5.3 shall be conducted. The alternative in-building coverage test provides and alternative testing protocol for the in-building coverage test in subsection (1) of section 510.6.1. There is no change or alternative to annual testing requirements enumerated in subsections (2)-(7) of Section 510.6.1, which shall be performed at the time of each annual test. 510.6.2 Additional frequencies. The building owner shall modify or expand the emergency responder radio coverage system at his or her expense in the event frequency changes are required by the FCC or other radio licensing authority, or additional frequencies are made available by the FCC Public Safety Radio System Operator or FCC license holder. Prior approval of a public safety radio coverage system on previous frequencies does not exempt this section. 510.6.3 Nonpublic safety system. Where other nonpublic safety amplification systems installed in buildings reduce the performance or cause interference with the emergency responder communications AGENDA ITEM # 9. i) ORDINANCE NO. ________ 51 coverage system, the nonpublic safety amplification systems shall be corrected or removed. 510.6.4 Field testing. Fire Department personnel shall have the right to enter onto the property at any reasonable time to conduct field testing to verify the required level of radio coverage or to disable a system that due to malfunction or poor maintenance has the potential to impact the emergency responder radio system in the region. 510.107 Penalties. Any person violating any of the provisions of the section shall be subject to penalties in accordance with the general penalty provisions of RMC 1-3-1. In addition, any building or structure which does not meet the requirements set forth in this code is hereby declared to be a public nuisance, and the City may, in addition to seeking any other appropriate legal remedy, pursue equitable remedies to abate said nuisance in accordance with RMC 1-3-3. 510.118 Severability. If any subsection, sentence, clause, phrase or portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. 45. Subsection 602.1, Definitions, of the International Fire Code, 2015 Edition, is hereby amended by adding the following definition: AGENDA ITEM # 9. i) ORDINANCE NO. ________ 52 POWER TAP. A listed device for indoor use consisting of an attachment plug on one end of a flexible cord and two (2) or more receptacles on the opposite end and over current protection. 46. Subsection 604.2, Where required, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 604.2 Where required. Emergency and standby power systems shall be provided where required by Subsections 604.2.1 through 604.2.18. 47. Subsection 604.2, Where required, of the International Fire Code, 2015 Edition, is hereby amended by adding new subsections, to read as follows: 604.2.17 Group I-1 and Group I-2 Nursing Home Occupancies. In addition to specific requirements listed elsewhere in the codes referenced in Subsection 102.6, approved manually switched standby power systems in new Group I-1 and I-2 occupancies shall be provided to power the following operations: 1. Heating and refrigeration. 2. Communications and alarm systems. 3. Ventilation systems. 4. Emergency lighting. 5. Patient-care related electrical circuits. 6. At least one (1) elevator used by residents. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 53 Existing Group I-1 and I-2 occupancies and boarding homes will have two (2) years from the effective date of the ordinance codified in this section to comply with this subsection. 604.2.18 Automotive Fuel Dispensing Facilities. All new commercial fuel dispensing facilities shall be provided with an approved generator quick connect tap box and transfer switch for a standby power system to provide power to facilitate maintaining fuel dispensing during local power outages or disaster. 4846. Subsection 6054.10, Portable, electric space heaters, of the International Fire Code, 2015 Edition, is hereby amended by adding a new subsection, to read as follows: 6054.10.56 Tip-Over Switch. All portable electric space heaters shall be equipped with an automatic tip-over shut-off switch. Exception: Approved liquid-filled portable heaters. 4947. Section 6097, Commercial Kitchen Hoods, of the International Fire Code, 2015 Edition, is amended to add a new subsection, to read as follows: 6097.5 Type II hoods. Type II hoods shall be installed at or above any heating appliance utilized for the processing and preparation of smoking materials or smoking related paraphernalia for personal consumption. Hoods shall comply with the requirements of the International Mechanical Code. Only Listed, approved heating appliances shall be used for the processing and preparation of smoking materials AGENDA ITEM # 9. i) ORDINANCE NO. ________ 54 and/or smoking paraphernalia. Heating appliances shall be installed in an approved manner. 50. Chapter 6, Building Services and Systems, of the International Fire Code, 2015 Edition, is hereby amended to add a new section, to read as follows: SECTION 612 MOBILE FOOD FACILITIES 612.1 General. Mobile food facilities shall comply with this section. 612.2 Kitchen Hood. A Type I hood shall be installed at or above all commercial cooking appliances and domestic cooking appliances used for commercial purposes that produce grease laden vapors. Commercial kitchen exhaust hoods shall comply with the requirements of the International Mechanical Code. Hoods shall be inspected, tested and maintained in accordance with NFPA 96. 612.3 Fire Extinguishers. Approved 3A:40BC and Type K rated fire extinguishers shall be provided in each mobile food facility as determined by the Fire Code Official and the individual hazard presented by the individual mobile food facility. 612.4 Liquefied petroleum gas (LP-gas). LP-gas shall be in accordance with Chapter 61 and sections 612.4.1 and 612.4.2. 612.4.1 Maximum number and quantity. A maximum of two LP- gas containers (one hundred (100) pounds each) with a total aggregate AGENDA ITEM # 9. i) ORDINANCE NO. ________ 55 water capacity of two hundred (200) pounds is permitted at one mobile food facility. 612.4.2 LP-gas cylinder hoses. Hoses shall be designed for a working pressure of three hundred fifty (350) psig with a safety factor of five to one (5:1) and shall be continuously marked with LP-gas, propane, three hundred fifty (350) working pressure and manufacturer’s name or trademark. Hose assemblies, after application of couplings, shall have a design capacity of seven hundred (700) psig. Hose assemblies shall be leak tested at time of installation at not less than the operating pressure of the system in which they are installed. 612.4.3 LP-gas cylinders. LP-gas cylinders shall be secured in an approved manner in an upright position. LP-gas cylinders shall not be stored within the facility at any time. If stored within a compartment, the compartment shall have approved venting directly to the exterior and must not allow venting to the interior of the facility at any time. If LP-gas cylinder storage is added to the rear of the facility, an appropriate, approved bumper shall be added to the rear of the facility to provide adequate impact protection. Belly cylinder tanks shall be installed according to DOT standards. 612.5 Location. Mobile food facilities shall not be located within ten feet (10') of buildings, tents, canopies or membrane structures or within ten feet (10') of any other mobile food facility. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 56 Exceptions: 1. When mobile food facilities are positioned on public streets, the distance from buildings may be reduced to five feet (5'). This exception is designated for events lasting a maximum of no more than three (3) consecutive calendar days in a row. 2. When located on private property, the distance from buildings may be reduced to five feet (5') if exposed by a fire wall constructed of materials of clay or concrete only and having no openings such as windows or doors. 5148. Subsection 806.1.1, Restricted Occupancies, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 806.1.1 Restricted occupancies. Natural cut trees shall be prohibited within ambulatory care facilities and Group A, E, I-1, I-2, I-3, I-4, M, R-1, R-2 providing licensed care to clients in one of the categories listed in International Building Code section 310.1 licensed by Washington State and R-4 occupancies. Exceptions: 1. Trees located in areas protected by an approved automatic sprinkler system installed in accordance with Subsections 903.3.1.1 or 903.3.1.2 shall not be prohibited in Groups A, E, M, R-1 and R-2. 2. Trees treated with a flame retardant and renewed to maintain flame resistance, subject to the approval of the Fire Code Official. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 57 3. Trees shall be allowed within dwelling units in Group R-2 occupancies. 5249. Chapter 8, Interior Finish Decorative Materials and Furnishings, of the International Fire Code, 2015 Edition, is hereby amended by adding a new section, to read as follows: SECTION 809 ATRIUM FURNISHINGS Atrium furnishings shall comply with Subsections 809.1 and 809.2. 809.1 Potential heat. Potential heat of combustible furnishings and decorative materials within atria shall not exceed nine thousand (9,000) BTU per pound (20,934 J/g) when located within an area that is more than twenty feet (20') (6096 mm) below ceiling level sprinklers. 809.2 Decorative materials. Decorative material in atria shall be noncombustible, flame resistant or treated with a flame retardant. 5350. Subsection 901.5.1, Occupancy, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 901.5.1 Occupancy. It shall be unlawful to occupy any portion of a building or structure until the required fire detection, alarm, and suppression systems have been tested and approved. All acceptance tests shall be witnessed by the Fire Department prior to occupancy being granted. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 58 5451. Subsection 901.6, Inspection, testing and maintenance, of the International Fire Code, 2015 Edition, is hereby amended by adding new subsections, to read as follows: 901.6.43 Annual Certification Required. All sprinkler systems, fire alarm systems, portable fire extinguishers, smoke removal systems, air replenishment systems, and other fire protective or extinguishing systems shall be certified annually by a qualified agency, except, hood fire extinguishing systems shall be serviced every six (6) months. Documentation of such servicing shall be provided as indicated in Subsection 901.6. 901.6.54 Annual Hazardous Systems Certification. All electronic monitoring systems used in connection with flammable, combustible liquids and/or hazardous materials shall be certified annually by a qualified agency. Documentation of the system certifications shall be forwarded to the Fire Department indicating each system has been tested and functions as required. 5552. Subsection 903.2, Where required, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 903.2 Where required. Approved automatic sprinkler systems in new buildings and structures shall be provided in the locations described in this section. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 59 All newly constructed buildings with a gross square footage of five thousand (5,000) or greater square feet, regardless of type of use as well as zero lot line townhouses with an aggregate area of all connected townhouses equaling five thousand (5,000) or greater square feet must be equipped with sprinklers in accordance with this Chapter code. Additions to existing buildings which would result in a gross floor area greater than five thousand (5,000) square feet must be retrofitted with an automatic sprinkler system. Exceptions: 1. One-time additions to International Building Code Group R-3 occupancies of up to five hundred (500) square feet are permitted without compliance with this section. 2. Single-family and duplex dwellings and townhouses built in compliance with the International Residential Code and meeting fire flow and access requirements of the City of Renton. 3. When not required by other provisions of this chapter, a fire- extinguishing system installed in accordance with NFPA 13 may be used for increases and substitutions allowed in Subsections 504.3, 506.2, and Table 601 of the International Building Code. 4. All newly established building occupancy uses defined as Private Smoking Clubs. Fire sprinklers shall be installed throughout the entire fire area utilized for such occupancy, regardless of size of such occupancy. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 60 5653. Subsection 903.2.1.1, Group A-1, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 903.2.1.1 Group A-1. An automatic sprinkler system shall be provided for Group A-1 occupancies where one (1) of the following conditions exists: 1. The gross floor area exceeds five thousand (5,000) square feet; 2. The fire area has an occupant load of three hundred (300) or more; 3. The fire area is located on a floor other than the level of exit discharge serving such occupancies; or 4. The fire area contains a multi-theater complex. 5754. Subsection 903.2.1.2, Group A-2, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for group A-2 occupancies where one (1) the following conditions exists: 1. The gross floor area exceeds five thousand (5,000) square feet; 2. The fire area has an occupant load of one hundred (100) or more; or 3. The fire area is located on a floor other than the level of exit discharge serving such occupancies. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 61 5855. Subsection 903.2.1.3, Group A-3, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 903.2.1.3 Group A-3. An automatic sprinkler system shall be provided for Group A-3 occupancies where one (1) of the following conditions exists: 1. The gross floor area exceeds five thousand (5,000) square feet; 2. The fire area has an occupant load of three hundred (300) or more; or 3. The fire area is located on a floor other than the level of exit discharge serving such occupancies. 5956. Subsection 903.2.1.4, Group A-4, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for Group A-4 occupancies where one (1) of the following conditions exists: 1. The gross floor area exceeds five thousand (5,000) square feet; 2. The fire area has an occupant load of three hundred (300) or more; or 3. The fire area is located on a floor other than the level of exit discharge serving such occupancies. 6057. Subsection 903.2.1.5, Group A-5, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: AGENDA ITEM # 9. i) ORDINANCE NO. ________ 62 903.2.1.5 Group A-5. An automatic sprinkler system shall be provided for Group A-5 occupancies in the following areas: concession stands, retail areas, press boxes and other accessory use areas in excess of one thousand (1,000) square feet. 61. Subsection 903.2.2, Group B ambulatory health care facilities, of the International Fire Code, 20158 Edition, is hereby amended to read as follows: 903.2.2 Ambulatory care facilities. An automatic sprinkler system shall be installed throughout all fire areas containing an ambulatory care facility where either of the following conditions exists at any time: 1. Four (4) or more care recipients are incapable of self- preservation, whether rendered incapable by staff or staff has accepted responsibility for care recipients already incapable. 2. One (1) or more care recipients who are incapable of self- preservation are located at other than the level of exit discharge serving such a facility. In buildings where ambulatory care is provided on levels other than the level of exit discharge, an automatic sprinkler system shall be installed throughout the entire floor where such care is provided as well as all floors below, and all floors between the level of ambulatory care and the nearest level of exit discharge, including the level of exit discharge, the level of exit discharge. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 63 Exception: Floors classified as an open parking garage are not required to be sprinklered. 6258. Subsection 903.2.3, Group E, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 903.2.3 Group E. An approved automatic sprinkler system shall be provided for Group E occupancies as follows: Exceptions: 1. Throughout all Group E fire areas greater than five thousand (5,000) square feet in area. 2. Throughout every portion of educational buildings below the lowest level of exit discharge serving that portion of the building. 3. Portable school classrooms, provided the aggregate area of any clusters of portable school classrooms does not exceed five thousand (5,000) square feet, and clusters of portable school classrooms shall be separated as required by the Building Code. 2. The Group E fire area is located on a floor other than a level of exit discharge serving such occupancies. Exception: In buildings where every classroom has not fewer than one (1) exterior exit door at ground level, an automatic sprinkler system is not required in any area below the lowest level of exit discharge serving that area. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 64 3. The Group E fire area has an occupant load of three hundred (300) or more. 6359. Subsection 903.2.4, Group F-1, of the International Fire Code, 2015 Edition, is hereby amended by changing the title to “Group B, F, F-1, and S Occupancies,” and to read as follows: 903.2.4 Group B, F, F-1, and S Occupancies. An automatic sprinkler system shall be provided throughout all buildings containing a Group B, F, F-1, or S occupancy with over five thousand (5,000) square feet of gross floor area. 903.2.4.1 Woodworking operations. An automatic sprinkler system shall be provided throughout all group F-1 occupancy fire areas that contain woodworking operations in excess of two thousand five hundred (2,500) square feet in area which generate finely divided combustible waste or which use finely divided combustible materials. 6460. Subsection 903.2.5, Group H, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 903.2.5 Group H. Automatic sprinkler systems shall be provided in high-hazard occupancies as required in Subsections 903.2.5.1 through 903.2.5.3. 903.2.5.1 General. An automatic sprinkler system shall be installed in Group H occupancies. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 65 903.2.5.2 Group H-5 occupancies. An automatic sprinkler system shall be installed throughout buildings containing Group H-5 occupancies. The design of the sprinkler system shall not be less than that required under the International Building Code for the occupancy hazard classifications in accordance with Table 903.2.5.2. Where the design area of the sprinkler system consists of a corridor protected by one (1) row of sprinklers, the maximum number of sprinklers required to be calculated is thirteen (13). TABLE 903.2.5.2 GROUP H-5 SPRINKLER DESIGN CRITERIA LOCATION OCCUPANCY HAZARD CLASSIFICATION Fabrication areas Ordinary Hazard Group 2 Service corridors Ordinary Hazard Group 2 Storage rooms without dispensing Ordinary Hazard Group 2 Storage rooms with dispensing Extra Hazard Group 2 Corridors Ordinary Hazard Group 2 903.2.5.3 Pyroxylin plastics. An automatic sprinkler system shall be provided in buildings, or portions thereof, where cellulose nitrate film or pyroxylin plastics are manufactured, stored or handled in quantities exceeding one hundred (100) pounds. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 66 6661. Subsection 903.2.6, Group I, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 903.2.6 Group I. An automatic sprinkler system shall be provided throughout buildings with a Group I fire area. Exceptions: 1. An automatic sprinkler system installed in accordance with Subsection 903.3.1.2 shall be permitted in Group I-1 condition 1 facilities. 2. An automatic sprinkler system is not required where Group I-4 day care facilities are at the level of exit discharge and where every room where care is provided has at least one (1) exterior exit door. 3. In buildings where Group I-4 day care is provided on levels other than the level of exit discharge, an automatic sprinkler system in accordance with Subsection 903.3.1.1 shall be installed on the entire floor where care is provided and all floors between the level of care and the level of exit discharge, and all floors below the level of exit discharge, other than areas classified as an open parking garage. 6662. Subsection 903.2.7, Group M, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one (1) of the following conditions exists: AGENDA ITEM # 9. i) ORDINANCE NO. ________ 67 1. Where a Group M gross floor area exceeds five thousand (5,000) square feet. 2. Where a Group M fire area is located more than three (3) stories above grade. 3. Where the combined area of all Group M fire areas on all floors, including any mezzanines, exceeds five thousand (5,000) square feet. 4. Where a Group M occupancy that is used for the display and sale of upholstered furniture and/or mattresses exceeds five thousand (5,000) square feet. 6763. Subsection 903.2.8, Group R, of the International Fire Code, 2015 Edition, is hereby amended by adding new subsections, and to read as follows: 903.2.8 Group R. An automatic sprinkler system installed in accordance with Subsection 903.3 shall be provided throughout all buildings with a Group R fire area. 903.2.8.1 Group R-3. An automatic sprinkler system installed in accordance with Subsection 903.3.1.3 shall be permitted in Group R-3 occupancies. 903.2.8.2 Group R-4 Condition 1. An automatic sprinkler system installed in accordance with Subsection 903.3.1.3 shall be permitted in Group R-4 Condition 1 occupancies. 903.2.8.3 Group R-4 Condition 2. An automatic sprinkler system installed in accordance with Subsection 903.3.1.2 shall be permitted in AGENDA ITEM # 9. i) ORDINANCE NO. ________ 68 Group R-4 Condition 2 occupancies. Attics shall be protected in accordance with Subsection 903.2.8.3.1 or 903.2.8.3.2. 903.2.8.3.1 Attics used for living purposes, storage or fuel-fired equipment. Attics used for living purposes, storage or fuel-fired equipment shall be protected throughout with an automatic sprinkler system installed in accordance with Subsection 903.3.1.2. 903.2.8.3.2 Attics not used for living purposes, storage or fuel- fired equipment. Attics not used for living purposes, storage or fuel-fired equipment shall be protected in accordance with one of the following: 1. Attics protected throughout by a heat detector system arranged to activate the building fire alarm system in accordance with Subsection 907.2.10. 2. Attics constructed of noncombustible materials. 3. Attics constructed of fire-retardant-treated wood framing complying with Subsection 23.3.2 of the International Building Code. 4. The automatic sprinkler system shall be extended to provide protection throughout the attic space. 903.2.8.4 Care facilities. An automatic sprinkler system installed in accordance with Subsection 903.3.1.3 shall be permitted in care facilities with five (5) or fewer individuals in a single-family dwelling. 903.2.8.5 Group R-3 Occupancy. When the occupancy has over five thousand (5,000) square feet of gross floor area. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 69 903.2.8.6 Dwellings. When proposed within all residential zones, clustered or constructed so that, when attached, the total square foot gross floor area of all dwelling units exceeds five thousand (5,000) square feet. For the purpose of this subsection, portions of buildings separated by one (1) or more firewalls will not be considered a separate building. 6864. Subsection 903.2.9, Group S-1, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one (1) of the following conditions exists: 1. A Group S-1 fire area exceeds five thousand (5,000) square feet. 2. A Group S-1 fire area is located more than three (3) stories above grade plane. 3. The combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds five thousand (5,000) square feet. 4. A Group S-1 fire area used for the storage of commercial motor vehicles where the fire area exceeds five thousand (5,000) square feet. 5. A Group S-1 occupancy used for the storage of upholstered furniture or mattresses exceeds two thousand five hundred (2,500) square feet (232 m2). AGENDA ITEM # 9. i) ORDINANCE NO. ________ 70 903.2.9.1 Repair garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with Section 406 of the International Building Code, as shown: 1. Buildings having two (2) or more stories above grade plane, including basements, with a fire area containing a repair garage exceeding five thousand (5,000) square feet. 2. Buildings no more than one (1) story above grade plane, with a fire area containing a repair garage exceeding five thousand (5,000) square feet. 3. Buildings with repair garages servicing vehicles in basements. 4. A Group S-1 fire area used for the repair of commercial motor vehicles where the fire area exceeds five thousand (5,000) square feet. 903.2.9.2 Bulk storage of tires. Buildings and structures where the area for storage of tires exceeds twenty thousand (20,000) cubic feet shall be equipped throughout with an automatic sprinkler system in accordance with Subsection 903.3.1.1. 6965. Subsection 903.2.10, Group S-2 enclosed parking garages, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 903.2.10 Group S-2 enclosed parking garages. An automatic sprinkler system shall be provided throughout buildings classified as enclosed parking garages in accordance with Subsection 406.4 of the International Building Code as follows: AGENDA ITEM # 9. i) ORDINANCE NO. ________ 71 1. Where the fire area of the enclosed parking garage exceeds five thousand (5,000) square feet; or 2. Where the enclosed parking garage is located beneath other groups. Exception: Enclosed parking garages located beneath Group R-3 occupancies. 903.2.10.1 Commercial parking garages. An automatic sprinkler system shall be provided throughout buildings used for storage of commercial motor vehicles where the fire area exceeds five thousand (5,000) square feet. 7066. Subsection 903.2.11, Specific building areas and hazards, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 903.2.11 Specific building areas and hazards. In all occupancies other than Group U, an automatic sprinkler system shall be installed for building design or hazards in the locations set forth in Subsections 903.2.11.1 through 903.2.11.6. 903.2.11.1 Stories without openings. An automatic sprinkler system shall be installed throughout all stories, including basements, of all buildings where the floor area exceeds one thousand five hundred (1,500) square feet unless there is at least one (1) of the following types of exterior wall openings: AGENDA ITEM # 9. i) ORDINANCE NO. ________ 72 1. Openings below grade that lead directly to ground level by an exterior stairway complying with Section 1009 1011 or an outside ramp complying with Section 1010 1012. Openings shall be located on the exterior wall of the story on at least one (1) side. The required openings shall be distributed so that the lineal distance between adjacent openings does not exceed fifty feet (50'). 2. Openings entirely above the adjoining ground level totaling at least twenty (20) square feet in each fifty (50) linear feet, or fraction thereof, of exterior wall in the story on at least one (1) side. The required openings shall be distributed so that the lineal distance between adjacent openings does not exceed fifty feet (50'). The height of the bottom of the clear opening shall not exceed forty-four inches (44") (1,188 mm) measured from the floor. 903.2.11.1.1 Opening dimensions and access. Openings shall have a minimum dimension of not less than thirty inches (30"). Such openings shall be accessible to the fFire dDepartment from the exterior and shall not be obstructed in a manner that firefighting or rescue cannot be accomplished from the exterior. 903.2.11.1.2 Openings on one side only. Where openings in a story are provided on only one (1) side and the opposite wall of such story is more than seventy-five feet (75') from such openings, the story shall be equipped throughout with an approved automatic sprinkler system or AGENDA ITEM # 9. i) ORDINANCE NO. ________ 73 openings as specified above shall be provided on at least two (2) sides of the story. 903.2.11.1.3 Basements. Where any portion of a basement is located more than seventy-five feet (75') (22,860 mm) from openings required by Subsection 903.2.11.1, or where walls, partitions or other obstructions are installed that restrict the application of water from hose streams, the basement shall be equipped throughout with an approved automatic sprinkler system. 903.2.11.2 Rubbish and linen chutes. An automatic sprinkler system shall be installed at the top of rubbish and linen chutes and in their terminal rooms. Chutes shall have additional sprinkler heads installed at alternate floors and at the lowest intake. Where a rubbish chute extends through a building more than one (1) floor below the lowest intake, the extension shall have sprinklers installed that are recessed from the drop area of the chute and protected from freezing in accordance with Subsection 903.3.1.1. Such sprinklers shall be installed at alternate floors beginning with the second level below the last intake and ending with the floor above the discharge. Chute sprinklers shall be accessible for servicing. 903.2.11.3 Buildings fifty-five feet (55') or more in height. An automatic sprinkler system shall be installed throughout buildings that have one (1) or more stories with an occupant load of thirty (30) or more AGENDA ITEM # 9. i) ORDINANCE NO. ________ 74 located fifty-five feet (55') or more above the lowest level of fFire dDepartment vehicle access, measured to the finished floor. Exceptions: 1. Open parking structures. 2. Occupancies in Group F-2. 903.2.11.4 Ducts conveying hazardous exhausts. Where required by the International Mechanical Code, automatic sprinklers shall be provided in ducts conveying hazardous exhaust, flammable or combustible materials. Exception: Ducts where the largest cross-sectional diameter of the duct is less than ten inches (10"). 903.2.11.5 Commercial cooking operations. An automatic sprinkler system shall be installed in a commercial kitchen exhaust hood and duct system where an automatic sprinkler system is used to comply with Section 904. 903.2.11.6 Other required suppression systems. In addition to the requirements of Subsection 903.2, the provisions indicated in Table 903.2.11.6 require the installation of a fire suppression system for certain buildings and areas. 7167. Subsection 903.2.12, During construction, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: AGENDA ITEM # 9. i) ORDINANCE NO. ________ 75 903.2.12 During construction. Automatic sprinkler systems required during construction, alteration, and demolition operations shall be provided in accordance with Section 3313. 7268. Subsection 903.2, Where required, of the International Fire Code, 2015 Edition, is hereby amended by adding new subsections, to read as follows: 903.2.13 Automatic Sprinkler Systems in New Buildings. 903.2.13.1 Buildings over five thousand (5,000) square feet. A fully automatic fire protection sprinkler system is to be installed in all new buildings in excess of five thousand (5,000) square feet total gross floor area, regardless of vertical or horizontal fire barriers. Such sprinkler system shall be designed, installed and tested as per Subsection 903.3. 903.2.13.2 Buildings less than five thousand (5,000) square feet. A fully automatic fire protection sprinkler system may be required by the Fire Chief of the Fire Department or the Fire Code Official for buildings less than five thousand (5,000) square feet gross floor area when, in their judgment, supported by written documentation from a professional organization (such as NFPA, ICC, SBCC, U.L., ISO, etc.) verifies that hazardous operations, hazardous contents, critical exposure problems, limited accessibility to the building, or other items may contribute to a definite hazard. 903.2.14 Sprinkler Systems in Remodeled Buildings. The requirements for the installation of fire protection sprinkler systems in AGENDA ITEM # 9. i) ORDINANCE NO. ________ 76 remodeled buildings shall be as indicated in Subsections 903.2.14.1 and 903.2.14.2. 903.2.14.1 Existing sprinklered buildings. When existing buildings with full sprinkler systems are remodeled or added onto, the remodeled or added on portion shall be fully sprinklered. 903.2.14.2 Existing non-sprinklered buildings. When an existing building is added onto or remodeled and the resulting total square foot gross floor area exceeds five thousand (5,000) square feet, then the entire structure shall be fully sprinklered. All existing non-sprinklered buildings currently exceeding five thousand (5,000) square feet where a remodel, alteration or repair exceeds fifty percent (50%) of the building valuation within a three (3) year period shall have a sprinkler system installed throughout. Valuation shall be determined from the King County Assessor records at the time of the first application for a permit. 7369. Subsection 903.3.1.2, NFPA 13R sprinkler systems, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 903.3.1.2 NFPA 13R sprinkler systems. Automatic sprinkler systems in Group R occupancies up to and including four (4) stories in height shall be permitted to be installed throughout in accordance with NFPA 13R. NFPA 13R systems shall be limited to buildings with a maximum gross floor area of twelve thousand (12,000) square feet. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 77 7470. Subsection 903.4.2, Alarms, of the International Fire Code, 20158 Edition, is hereby amended to read as follows: 903.4.2 Alarms. Approved audible and visible alarm notification appliances shall be connected to every automatic sprinkler system in accordance with Section 907 and throughout areas designated by the Fire Code Official. Sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Alarm devices shall be provided on the exterior of the building in an approved location. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. Exceptions: 1. With approval of the Fire Code Official, visible alarm notification appliances may be omitted for approved residential sprinkler systems in single-family or duplex dwelling units if not otherwise specifically required. Audible alarm notification shall be provided and accomplished by connecting the waterflow alarm initiating device to the multiple-station alarms, household fire alarm system or other approved methods. 2. Alarms are not required for approved domestically supplied local systems with ten (10) heads or less per building. 7571. Subsection 903.4.3, Floor Control Valves, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: AGENDA ITEM # 9. i) ORDINANCE NO. ________ 78 903.4.3 Floor Control Valves. Approved supervised indicating control valves shall be provided at the point of connection to the riser on each floor. Exception: When approved by the Fire Code Official in NFPA 13D and NFPA 13R Systems. 7672. Section 903, Automatic Sprinkler Systems, of the International Fire Code, 2015 Edition, is hereby amended by adding a new subsection, to read as follows: 903.7 Riser Room Access. All NFPA 13, 13R, and any 13D systems serving five (5) or more dwelling units, sprinkler system risers shall be located in a dedicated room with an exterior door, lighting and heat. Exception: 13D single and two (2)-family residences or townhome sprinkler systems with four (4) units or less. 7773. Subsection 904.12, Commercial cooking systems, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 904.12 Commercial cooking systems. The automatic fire- extinguishing system for commercial cooking systems shall be of a type recognized for protection of commercial cooking equipment and exhaust systems of the type and arrangement protected. Pre-engineered automatic dry- and wet-chemical extinguishing systems shall be tested in accordance with UL 300 and listed and labeled for the intended AGENDA ITEM # 9. i) ORDINANCE NO. ________ 79 application. Existing suppression systems not in compliance shall be replaced with a conforming system whenever any of the following occurs: • Any modifications are made to the structure of the kitchen hood. • Re-arrangement Rearrangement of appliances under the hood requires change in nozzle placement. • Any additional cooking appliances are added to the cook line. • The system can no longer be serviced due to the lack of available manufacturer’s listed parts. • Lard or animal fats are replaced with one (1) or more cooking medium material used for frying that operates at higher temperatures than the suppression system was designed and tested for in the UL listing. If the manufacturer’s original listing was conducted using animal fats, the business owner shall provide a letter to the Renton Fire Department certifying that the cooking system will only be used with animal fats. A sign with three inches (3") high letters stating “Animal Fat Oils Only” shall be installed on the front of the hood. Existing wet-chemical systems that are not in compliance with current UL 300 Standards shall be updated. Wet-chemical systems that were located within the City on August 25, 2008, were required to be updated to UL 300 Standards by no later than August 25, 2010. All existing wet-chemical systems that were legally installed prior to annexation into City boundaries are required to be updated within two (2) years from the AGENDA ITEM # 9. i) ORDINANCE NO. ________ 80 effective date of the annexation that brought the systems within the boundaries of the City. Other types of automatic fire-extinguishing systems shall be listed and labeled for specific use as protection for commercial cooking operations. The system shall be installed in accordance with this code, its listing and the manufacturer’s installation instructions. Automatic fire- extinguishing systems of the following types shall be installed in accordance with the referenced standard indicated, as follows: 1. Carbon dioxide extinguishing systems, NFPA 12. 2. Automatic sprinkler systems, NFPA 13. 3. Foam-water sprinkler system or foam-water spray systems, NFPA 16. 4. Dry-chemical extinguishing systems, NFPA 17. 5. Wet-chemical extinguishing systems, NFPA 17A. 7874. Subsection 904.12.65, Operations and maintenance, of the International Fire Code, 20158 Edition, is hereby amended to add a new subsection to read as follows: 904.12.65.4 Commercial Cooking Hood Suppression System Contractor. 904.12.65.4.1 “Commercial Cooking Hood Suppression System Contractor” Definition. A person or organization that offers to undertake the execution of contracts or accepts payment for the inspection, AGENDA ITEM # 9. i) ORDINANCE NO. ________ 81 maintenance, or servicing of a commercial cooking hood suppression system. 904.12.65.4.2 Penalty for Violation. It shall be unlawful for any person or organization to perform an inspection, maintenance, or servicing of a commercial cooking hood suppression system contractor without a valid permit. A violation of this subsection is a misdemeanor, punishable in accordance with RMC 1-3-1. Each separate instance where an inspection, maintenance, or service was provided constitutes a separate violation. 7975. Subsection 905.3.1, Height, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 905.3.1 Height. Class III standpipe systems shall be installed throughout buildings where the floor level of the highest story is located more than twenty feet (20') above the lowest level of the Fire Department vehicle access, or where the floor level of the lowest story is located more than twenty feet (20') below the highest level of Fire Department vehicle access. Exceptions: 1. Class I standpipes are allowed in buildings equipped throughout with an automatic sprinkler system in accordance with Subsection 903.3.1.1 or 903.3.1.2. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 82 2. Class I manual standpipes are allowed in open parking garages where the highest floor is located not more than one hundred fifty feet (150') above the lowest level of Fire Department vehicle access. 3. Class I manual dry standpipes are allowed in open parking garages that are subject to freezing temperatures, provided that the hose connections are located as required for Class II standpipes in accordance with Subsection 905.5. 4. Class I standpipes are allowed in basements equipped throughout with an automatic sprinkler system. 5. Group R-3 does not require standpipes. 8076. Subsection 905.3, Required installations, of the International Fire Code, 2015 Edition, is hereby amended by adding a new subsection, to read as follows: 905.3.9 High-Rise Building Standpipes. Standpipe risers shall be combination standpipe/sprinkler risers using a minimum pipe size of six inches (6") diameter. Two (2) two and one-half inches (2-1/2") hose connections shall be provided on every intermediate floor level landing in every required stairway unless otherwise approved by the Fire Code Official. Where pressure reduction valves (PRV) are required, each hose connection shall be provided with its own PRV. The system shall be designed to provide a minimum flow of three hundred (300) gpm at a minimum pressure of one hundred fifty (150) psi (maximum two hundred AGENDA ITEM # 9. i) ORDINANCE NO. ________ 83 (200) psi) at each standpipe connection, in addition to the flow and pressure requirements contained in NFPA 14. 8177. Subsection 905.8, Dry standpipes, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 905.8 Dry standpipes. Dry standpipes, when approved by the Fire Code Official, are acceptable in other than high-rise buildings. 8278. Subsection 907.1.3, Equipment, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 907.1.3 Equipment. Systems and their components shall be listed and approved for the purpose for which they are installed. All new alarm systems shall be addressable. Each device shall have its own address and shall annunciate individual addresses at a UL Central Station. Exception: Systems that have not more than twelve (12) zones and not more than five (5) devices on each zone. 8379. Subsection 907.2.2, Group B, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 907.2.2 Group B. A manual fire alarm system shall be installed in the following Group B Occupancies: 1. Those having an occupant load of five hundred (500) or more persons or more than one hundred (100) persons above or below the lowest level of exit discharge. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 84 2. Those that are two (2) or more stories in height or three thousand (3,000) square feet or more in area. 3. The fire area contains an ambulatory care facility. Exception: Deleted. 8480. Subsection 907.2.3, Group E, of the International Fire Code, 2015 Edition, is hereby amended by deleting Exception Number 3. 8581. Subsection 907.2.4, Group F, of the International Fire Code, 2015 Edition, is hereby amended by deleting the exception. 8682. Subsection 907.2.7, Group M, of the International Fire Code, 2015 Edition, is hereby amended by deleting Exceptions Number 1 and 2. 8783. Subsection 907.2.8.1, Manual Fire Alarm System, of the International Fire Code, 2015 Edition, is hereby amended by deleting Exceptions 1 and 2. 88. Subsection 907.2.9, Group R-2, of the International Fire Code, 2015 Edition, is hereby amended by deleting Exceptions 1, 2, and 3. 8984. Subsection 907.2.9, Group R-2, of the International Fire Code, 2015 Edition, is hereby amended by adding a new subsection, to read as follows: 907.2.9.4 Multi-family complexes. Multi-family complexes with three (3) or more separate buildings within the complex, including recreation and/or day-care buildings, shall be provided with approved fire alarm systems regardless of size. The buildings within the complex shall have each building monitored by an approved central station. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 85 9085. Subsection 907.2, Where required – New buildings and structures, of the International Fire Code, 2015 Edition, is hereby amended by adding a new subsection, to read as follows: 907.2.24 Structures in excess of three thousand (3,000) Square Feet. An approved total coverage addressable manual and automatic fire alarm system shall be provided in accordance with NFPA Standard 72 in all structures in excess of three thousand (3,000) square feet of total floor area. Exception: For the purpose of Section 907, fire walls constructed in accordance with Chapter 7 of the IBC, in Group R-3 and U occupancies, shall not define separate buildings. 9186. Subsection 907.8.5, Inspection, Testing and Maintenance, inspection and testing, of the International Fire Code, 2015 Edition, is hereby amended by adding a new subsection, to read as follows: 907.8.5.1 Nonconforming alarm systems. In the event that an alarm system does not meet these requirements, it shall be a further requirement of this chapter that modifications necessary to meet these minimum levels are made to the alarm system and subsequent testing is conducted prior to any occupancy being granted. 9287. Subsection 914.3, High-rise buildings, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: AGENDA ITEM # 9. i) ORDINANCE NO. ________ 86 914.3 High-rise buildings. High-rise buildings shall comply with Subsections 914.3.1 through 914.3.89. 9388. Subsection 914.3, High-rise buildings, of the International Fire Code, 2015 Edition, is hereby amended by adding new subsections, to read as follows: 914.3.78 Air replenishment systems. All high-rise buildings shall be equipped with an approved rescue air replenishment system. The system shall provide an adequate pressurized fresh air supply through a permanent piping system for the replenishment of portable life sustaining air equipment carried by Fire Department, rescue and other personnel in the performance of their duties. Location of access stations, as well as installation and maintenance of the air replenishment systems, shall meet the requirements as determined by the Fire Code Official. A specifications document for the construction of air replenishing systems that conforms to the breathing equipment used by the Fire Department will be made available by the Fire Code Official. 914.3.89 Fire equipment. A cabinet or other enclosed facility shall be provided in every stairwell, smoke tower or such similar structure on designated floors, commencing with the third floor, seventh floor and every fourth floor above the seventh floor for the storage of fire hose and related equipment. Facilities, cabinets, devices, hoses and related equipment shall be furnished by the building owner. All such equipment AGENDA ITEM # 9. i) ORDINANCE NO. ________ 87 and the specific location thereof shall be subject to the approval of the Fire Code Official. These rooms will be inspected annually by the Fire Department and equipment replaced by the building owner or his/her representative at the appropriate service life. 9489. Subsection 1103.7.6, Group R-2, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 1103.7.6 Group R-2. A manual and automatic fire alarm system that activates the occupant notification system in accordance with Subsection 907.6 shall be installed in existing Group R-2 occupancies more than three (3) stories in height or with more than sixteen (16) dwelling or sleeping units. Exceptions: 1. Where each living unit is separated from other contiguous living units by fire barriers having a fire-resistance rating of not less than three quarters (0.75) of an hour, and where each living unit has either its own independent exit or its own independent stairway or ramp discharging at grade. 2. A separate fire alarm system is not required in buildings that are equipped throughout with an approved supervised automatic sprinkler system installed in accordance with Subsection 903.3.1.1 or 903.3.1.2 and having a local alarm to notify all occupants. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 88 3. A fire alarm system is not required in buildings that do not have interior corridors serving dwelling units and are protected by an approved automatic sprinkler system installed in accordance with Subsection 903.3.1.1 or 903.3.1.2, provided that dwelling units either have a means of egress door opening directly to an exterior exit access that leads directly to the exits or are served by open-ended corridors designed in accordance with Subsection 1027.6, Exception 3. 4. A fire alarm system is not required in buildings that do not have interior corridors serving dwelling units, do not exceed three (3) stories in height and comply with both of the following: 4.1 Each dwelling unit is separated from other contiguous dwelling units by fire barriers having a fire-resistance rating of not less than three- quarters (3/4) of an hour. 4.2 Each dwelling unit is provided with hardwired, interconnected smoke alarms as required for new construction in Subsection 907.2.11. 90. Subsection 1203.2, Where required, is hereby amended by adding a new subsection, to read as follows: 1203.2.19 Group I-1 and Group I-2 Nursing Home Occupancies. In addition to specific requirements listed elsewhere in the codes approved manually switched standby power systems in new Group I-1 and I-2 occupancies shall be provided to power the following operations: 1. Heating and refrigeration. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 89 2. Communications and alarm systems. 3. Ventilation systems. 4. Emergency lighting. 5. Patient-care related electrical circuits. 6. At least one (1) elevator used by residents. 9591. Section 3317, Safeguarding roofing operations, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 3317.1 General. Roofing operations utilizing heat-producing systems or other ignition sources shall be conducted in accordance with Subsections 3317.2 through 3317.4 and Chapter 35. 3317.2 Asphalt and tar kettles. Asphalt and tar kettles shall be operated in accordance with Section 303. 3317.3 Fire extinguishers for roofing operations. Fire extinguishers shall comply with Section 906. There shall be not less than one (1) multipurpose portable fire extinguisher with a minimum 3-A 40B:C rating on the roof being covered or repaired. 3317.4 Fire Safety. The roofing contractor shall notify the Fire Department before leaving the site of torch-applied roofing system and report each day’s completion and the presence of any hot spots or fires that were suppressed during the roofing process. 9692. Subsection 5001.5, Permits, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: AGENDA ITEM # 9. i) ORDINANCE NO. ________ 90 5001.5 Permits. Permits shall be required as set forth in Subsections 105.6 and 105.7. When required by the Fire Code Official, permittees shall apply for approval to permanently close a storage, use, or handling facility. Such application shall be submitted at least thirty (30) days prior to the termination of the storage, use, or handling of hazardous materials. The Fire Code Official is authorized to require that the application be accompanied by an approved facility closure plan in accordance with Subsection 5001.6.3. All new installations and/or modifications or additions to existing systems shall require plan review and permit fees as stipulated in the City of Renton Fee Schedule Brochure. 9793. Subsection 5003.2.6, Maintenance, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 5003.2.6 Maintenance. In addition to the requirements of Subsection 5003.2.3, equipment, machinery, and required detection and alarm systems associated with hazardous materials shall be maintained in an operable condition. Defective containers, cylinders and tanks shall be removed from service, repaired or disposed of in an approved manner. Defective equipment or machinery shall be removed from service and repaired or replaced. Required detection and alarm systems shall be replaced or repaired where defective. All monitoring systems used in AGENDA ITEM # 9. i) ORDINANCE NO. ________ 91 connection with hazardous materials shall be certified at least annually by a qualified agency. Documentation of the system certification shall be forwarded to the Fire Department indicating the system has been tested and functions as required. 9894. Subsection 5003.9, General Safety Precautions, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 2703.9 5003.9 General Safety Precautions. General precautions for the safe storage, handling or care of hazardous materials shall be in accordance with Subsections 5003.9.1 through 5003.9.11. 9995. Subsection 5003.9, General Safety Precautions, of the International Fire Code, 2015 Edition, is hereby amended to add a new subsection, to read as follows: 5003.9.11 Manufacturer’s limitations. The storage and use of hazardous materials shall not exceed the manufacturer’s limitations on shelf life and any other restrictions on use. 10096. Subsection 5303.5.3, Securing Compressed Gas Containers, Cylinders and Tanks, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 5303.5.3 Securing compressed gas containers, cylinders and tanks. Compressed gas containers, cylinders and tanks shall be secured to prevent falling caused by contact, vibration or seismic activity. Securing of AGENDA ITEM # 9. i) ORDINANCE NO. ________ 92 compressed gas containers, cylinders and tanks shall be by one (1) of the following methods: 1. Securing containers, cylinders and tanks to a fixed object with one (1) or more restraints. Restraints shall be constructed of approved materials such as metal chains, metal cables or other materials as approved by the Fire Code Official. 2. Securing containers, cylinders and tanks on a cart or other mobile device designed for the movement of compressed gas containers, cylinders or tanks. 3. Nesting of compressed gas containers, cylinders and tanks at container filling or servicing facilities or in seller’s warehouses not accessible to the public. Nesting shall be allowed provided the nested containers, cylinders or tanks, if dislodged, do not obstruct the required means of egress. 4. Securing of compressed gas containers, cylinders and tanks to or within a rack, framework, cabinet or similar assembly designed for such use. Exception: Compressed gas containers, cylinders and tanks in the process of examination, filling, transport or servicing. 10197. Subsection 5601.1, Scope, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: AGENDA ITEM # 9. i) ORDINANCE NO. ________ 93 5601.1 Scope. The provisions of this chapter shall govern the possession, manufacture, storage, handling, sale and use of explosives, explosive materials, fireworks, and small arms ammunition. The 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 WAC 212-17-350, is hereby prohibited. Exceptions: 1. The Armed Forces of the United States, Coast Guard, or National Guard. 2. Explosives in forms prescribed by the official United States Pharmacopoeia. 3. The possession, storage and use of small arms ammunition when packaged in accordance with DOTn packaging requirements. 4. The possession, storage, and use of not more than one (1) pound (0.454 kg) of commercially manufactured sporting black powder, twenty (20) pounds (9 kg) of smokeless powder and ten thousand (10,000) small arms primers for hand loading of small arms ammunition for personal consumption. 5. The use of explosive materials by federal, state, and local regulatory, law enforcement and fire agencies acting in their official capacities. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 94 6. Special industrial explosive devices which in the aggregate contain less than fifty (50) pounds (23 kg) of explosive materials. 7. The possession, storage and use of blank industrial-power load cartridges when packaged in accordance with DOTn packaging regulations. 8. Transportation in accordance with DOTn 49 CFR Parts 100–185. 9. Items preempted by federal regulations. 10298. Subsection 5601.1.3, Fireworks, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 5601.1.3 Fireworks. The knowing possession, sale, and or discharge of all fireworks are prohibited in the City of Renton, as of May 21, 2005. Exceptions: Possession, storage, and discharge of fireworks may be authorized by the Fire Code Official or City Council for special events or public displays pursuant to an operational fire code permit or other applicable permit issued in compliance with the Renton Municipal Code and other applicable laws, including but not limited to Part VI and Part VII of Chapter 212-17 WAC, as now or hereafter amended. 10399. Subsection 5601.2.4.2, Fireworks display, of the International Fire Code, 2015 Edition, is hereby amended by changing the title to “Public Display; Insurance Required,” adding a new subsection, and amending to read as follows: AGENDA ITEM # 9. i) ORDINANCE NO. ________ 95 5601.2.4.2 Public Display; Insurance Required. Any applicant shall, at the time of issuance of such license, submit to the City proper evidence of public or commercial general liability and property damage insurance and such applicant shall maintain the insurance in a company or companies approved by the City with amounts as follows: One million dollars ($1,000,000.00) or more for injuries to any one (1) person in one (1) accident or occurrence; two million dollars ($2,000,000.00) or more for injuries to two (2) or more persons in any one (1) accident or occurrence; one million dollars ($1,000,000.00) for damage to property in any one (1) accident or occurrence. Such insurance shall name the City as an additional insured and shall not be cancelable except by a forty-five (45) day pre- cancellation notice in writing to the City. Further, the insurance required herein shall be primary insurance as respects the City. Any insurance, self- insurance, or insurance pool coverage maintained by the City shall be in excess of the insurance required herein and shall not contribute with it. The City of Renton will be named as an Additional Insured on a non- contributory primary basis on the liability policy. Renton’s insurance policies shall not be a source for payment of any liability. 104. Subsection 5601.2.4.2, Fireworks display, of the International Fire Code, 2015 Edition, is hereby amended by adding a new subsection, to read as follows: AGENDA ITEM # 9. i) ORDINANCE NO. ________ 96 5601.2.4.2.1 Pyrotechnic Operator Required. Every City- authorized display of fireworks shall be handled and supervised by a state licensed pyrotechnic operator. 105100. Subsection 5601.7, Seizure, of the International Fire Code, 2015 Edition, is hereby amended by adding new subsections, changing the title to “Seizure/Penalty,” and to read as follows: 5601.7 Seizure/Penalty. The City of Renton may employ either, or both, of the following processes any of the following procedures to effectuate the seizure and forfeiture of fireworks declared unlawful under this Section. 5601.7.1 Seizure. The Fire Code Official is authorized to remove or cause to be removed or disposed of in an approved manner, at the expense of the owner, explosives, explosive materials or fireworks offered or exposed for sale, stored, possessed, or used in violation of this chapter Section. 5601.7.1.1 Commencement Of Proceedings. In the event that fireworks are seized by the City or Fire Department, and the owner or person from whom the fireworks were seized or any other person claiming ownership or a right to possess the fireworks, then proceedings for forfeiture shall be deemed commenced by the seizure. Within fifteen (15) days following the seizure, the City or Fire Department shall cause notice to be served on the owner of the fireworks seized, the person in charge AGENDA ITEM # 9. i) ORDINANCE NO. ________ 97 thereof, and any person having any known right or interest therein, including any community property interest, of the seizure and intended forfeiture of the fireworks. The notice of seizure may be served by any method authorized by law or court rule including but not limited to service by certified mail with return receipt requested. Service by mail shall be deemed complete upon mailing to the last known address within the fifteen (15) day period. 5601.7.1.2 Forfeiture. If no person notifies the City or Fire Department in writing of the person’s claim of ownership or right to possession of the fireworks within forty-five (45) days from the date notice is served, the item seized shall be deemed forfeited. 5601.7.1.3 Claim of Ownership. 5601.7.1.3.1 If any person notifies the City or Fire Department in writing of the person’s claim of ownership or right to possession of the fireworks within thirty (30) days, the person or persons shall be afforded a reasonable opportunity to be heard as to the claim or right. 5601.7.1.3.2 If the person claiming ownership or right to possess the fireworks is charged with a criminal offense arising out of the same incident from which the fireworks were seized, the hearing shall be held immediately following the disposition of the criminal matter. In all other cases, the hearing shall be before the Hearing Examiner of the City. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 98 A hearing before the Hearing Examiner and any appeal therefrom shall be under title 34 RCW. 5601.7.1.3.3 The burden of producing evidence shall be upon the person claiming to be the lawful owner or the person claiming to have the lawful right to possession of the fireworks. The City or Fire Department shall promptly return the fireworks to the claimant upon a determination by the Hearing Examiner that the claimant is lawfully entitled to possession by a preponderance of the evidence, and as soon as the fireworks are no longer needed as evidence. 5601.7.1.4 Hold as Evidence. Nothing in this Section shall affect the City or Fire Department’s authority to hold any fireworks as evidence for any criminal investigation, prosecution, or appeal. 5601.7.2 Penalty. Any violation of this section related to fireworks classified as “consumer” by RCW 70.77.136, as now or hereinafter amended, shall be punishable as a class 1 civil infraction under RCW 7.80.120. Knowing Ppossession, sale, or discharge of fireworks not classified as “consumer” shall be subject to such fines and penalties as set forth in RCW 70.77.488, 70.77.540, and Chapter 212-17 WAC. 106101. Subsection 5704.2.11, Underground Tanks, of the International Fire Code, 2015 Edition, is hereby amended to read as follows: 5704.2.11 Underground Tanks. Underground storage of flammable and combustible liquids in tanks shall comply with Subsection AGENDA ITEM # 9. i) ORDINANCE NO. ________ 99 5704.2 and Subsections 5704.2.11.1 through 5704.2.11.5.35704.2.11.2. Corrosion protection shall comply with WAC 173-360A-305. All new underground storage tanks shall conform to the standards as defined in RMC 4-5-120, Underground Storage Tank Secondary Containment Regulations. All provisions of RMC 4-5-120 shall apply to the installation, use, maintenance, and abandonment of underground storage tanks. All unauthorized releases from underground storage tanks shall be reported in conformance with RMC 4-5-120.K, Release Reporting Requirements. Leaking tanks shall be promptly emptied and removed from the ground and abandoned in accordance with Subsection 5704.2.14. All new above-ground and underground tank installations and modifications or additions to existing systems shall be subject to plan review and installation fees as described in the City of Renton Fee Schedule Brochure. 107102. Subsection 5704.2.11.54, Leak prevention, of the International Fire Code, 2015 Edition, is hereby amended by adding a new subsection, to read as follows: 5704.2.11.54.3 Leak Detection System Maintenance and Certification. Leak detection devices and monitoring systems installed in accordance with this subsection shall be inspected and tested at least annually by a qualified third party, and the test results maintained on site for at least one (1) year. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 100 103. Section 5707 On-Demand Mobile Fueling Operations, of the International Fire Code, 2018 Edition is hereby not adopted. 108104. Appendix B104.2, Area separation, of the International Fire Code, 20158 Edition, is hereby adopted and amended to read as follows: Appendix B104.2 Area separation. Portions of buildings, which are separated by one (1) or more four (4) hour firewalls constructed in accordance with the International Building Code, without openings, and provided with a thirty-inch (30") parapet, are allowed to be considered as separate fire areas. 109105. Appendix B105, Fire-Flow Requirements For Buildings, of the International Fire Code, 20158 Edition, is hereby adopted and amended to read as follows: SECTION B105 FIRE-FLOW REQUIREMENTS FOR BUILDINGS B105.1 One- and two-family dwellings. The minimum fire-flow and flow duration requirements for one (1)- and two (2)-family dwellings having a fire-flow calculation area that does not exceed three thousand six hundred (3,600) square feet (344.5 m2) shall be one thousand (1,000) gallons per minute (3785.4 L/min) for one (1) hour. Fire-flow and flow duration for dwellings having a fire-flow calculation area in excess of three thousand six hundred (3,600) square feet (344.5m2) shall not be less than that specified in Table B105.1(2). AGENDA ITEM # 9. i) ORDINANCE NO. ________ 101 Exception: A reduction in required fire-flow of fifty percent (50%), as approved, is allowed when the building is equipped with an approved automatic sprinkler system. B105.2 Buildings other than one (1)- and two (2)-family dwellings. The minimum fire-flow and flow duration for buildings other than one (1)- and two (2)-family dwellings shall be as specified in Table B105.1(2). Exception: A reduction in required fire-flow of up to seventy-five fifty percent (7550%), as approved, is allowed when the building is provided with an approved automatic sprinkler system installed in accordance with Subsections 903.3.1.1 or 903.3.1.2. The resulting fire-flow shall not be less than one thousand five hundred (1,500) gallons per minute (5678 L/min) for the prescribed duration as specified in Table B105.1(2). D. FIRE HYDRANTS: 1. Required for Construction: All buildings constructed within the City of Renton shall be served by fire hydrants installed in accordance with the requirements of this Section. a. Plans Required Prior to Permit: No building permit shall be issued until plans required under this Chapter have been submitted and approved in accordance with the provisions contained in this Chapter. b. Installation Timing: No construction beyond the foundation shall be allowed until hydrants and mains are in place, unless approved by the appropriate AGENDA ITEM # 9. i) ORDINANCE NO. ________ 102 City authority, following appropriate application and a finding that there is no life or safety threat involved. c. Upgrade of Existing Hydrants Required: In addition, presently existing fire hydrants which do not conform with the requirements and standards of this Section when replaced shall be replaced with hydrants which do conform to the standards and requirements of this Section. 2. Fire Hydrant Requirements in Commercial, Business, Industrial and Manufacturing Areas: a. Installation Required: The owner of any building hereafter constructed or used in the City which building or structure is not located or accessible within one hundred fifty feet (150') of any fire hydrant and such building or structure being located or situated in any area zoned and to be used, or actually used, for any commercial, business, industrial or manufacturing purpose shall, at his or her expense, install or cause to have installed fire hydrant or hydrants together with the necessary pipes, appurtenances and connections in order to connect and hook on said hydrant or hydrants to the City’s existing water supply. It shall be a criminal misdemeanor for any person to own, occupy, or use any building or structure as defined in RMC 8-4-24B, C, and D, unless such building or structure is located within one hundred fifty feet (150') of any fire hydrant. b. Number and Location of Hydrants: The number and location of such hydrants shall be in accordance with good fire engineering practice and standards, the size, location, and construction to comply with the rules and regulations in AGENDA ITEM # 9. i) ORDINANCE NO. ________ 103 Appendix JK of the 20122019 Water System Plan Update, adopted by City of Renton Resolution No. 41544438 on August 13, 2012 June 21, 2021, as now or hereinafter amended, and all of such installations to be duly approved by the Fire Department prior to its acceptance thereof by the City. c. Applicability to Annexed Properties: The aforesaid requirements shall likewise apply to any such building or structure as hereinabove defined which is hereafter annexed to the City. 3. Fire Hydrants in Other Areas: The owner or party in control of any building hereafter constructed in or annexed to the City and which said structure or building is used for school, church, rest home, hospital or multiple residential apartments (four (4) individual apartment units or more) or any other place of public assembly, and wheresoever located, shall at his expense install or cause to be installed fire hydrant or hydrants unless adequate and sufficient hydrants are located or accessible within one hundred fifty feet (150') of any such building or structure. The number, location, size and type of such hydrant or hydrants to be installed shall be as specified in RMC 8-4-24B, further reference hereby had thereto, and all of such installation to be approved by the Fire Department. 4. Fire Hydrants; Special Locations: In addition to the foregoing requirements, additional hydrant or hydrants may be required or separately required in areas which are being utilized for open storage of flammable products, including flammable liquids, or other areas of special fire hazards with spacing and floor requirements based on the fire protection required in each instance; the AGENDA ITEM # 9. i) ORDINANCE NO. ________ 104 number, size, type and location of hydrants for the aforesaid purpose shall be as specified in subsection D2 of this Section and all of such installations to be subject to the approval of the Fire Department. 5. Multiple Uses – Contract: In the event that the installation of any such fire hydrant or hydrants as above set forth, and the connecting system pertaining thereto, should benefit two (2) or more properties then the owners of such benefited properties shall share the cost of such installation in the proportion of the benefits so derived. Whenever an owner is required to install such fire hydrant or fire hydrants under the provision of this Section and which installation will benefit outer properties not owned or controlled by such owner, then in any such case such owner may apply to the City for an agreement under the provisions of the Municipal Water and Sewer Facilities Act known as chapter 35.91 RCW and any such agreement between such owner and the City shall run for a period not to exceed five (5) years adhere to the requirements of chapter 35.91 RCW and thus must permit such owner to recover a portion of the cost of such initial installation from other parties in the event of any such future hookup or connection. Such contract shall further provide that the owner of any building or structure subsequently erected shall not be permitted, during the term of the aforesaid contract, to make any hookup or connection to the City’s water system or to any such hydrant until such owner has paid his proportionate fair share of the initial cost of such installation as set forth in said contract. Any such agreement entered into between such owner causing such installation and the City shall be AGENDA ITEM # 9. i) ORDINANCE NO. ________ 105 filed for record with the King County Recorder’s office and thereupon such filing shall constitute due notice of the terms and requirements therein specified to all other parties. The City further reserves the right, upon approval of the City Council, to participate in the installation of any oversized water line extensions or additional or extra improvements relative to such installations. 6. Fire-Flow Requirements: a. Basis for and Computation of Fire-Flow Requirement: The fire-flow requirement applied by the Fire Marshal under the provisions of this section shall be based upon criteria established in Appendix B of the International Fire Code as amended, added to, or adopted herein. Appendix B of the International Fire Code is hereby adopted by reference. One copy of that document shall be filed in the City Clerk’s office and be available for use and examination by the public. b. Unknown Fire-Flow: Where the existing fire-flow is not known or cannot be easily determined, it shall be required of the developer to compute the available fire-flow using standards and criteria set forth in Appendix J K of the 2012 2019 Water System Plan Update, adopted by City of Renton Resolution No. 4154 4438 on August 13, 2012 June 21, 2021, as now or hereinafter amended. 7. Residential Sprinkling Permitted: When the fire-flow is less than one thousand (1,000) gallons per minute but greater than five hundred (500) gallons per minute, then residential structures shall be permitted to be served by sprinklers unless the Fire Chief has made a written finding that the public safety, health, or welfare will be threatened, stating the factors upon which such finding AGENDA ITEM # 9. i) ORDINANCE NO. ________ 106 is based, in which case residential structures shall not be permitted to be constructed at such location. 8. Number of Hydrants Required: The number of fire hydrants that shall be required for the new construction or a defined risk shall be based on the amount of fire-flow that is required to protect said risk. The requirement shall be one hydrant per one thousand (1,000) g.p.m. fire-flow. 9. Location of Hydrants: These fire hydrants shall be located no closer than fifty feet (50') from the structure and no greater than three hundred feet (300'). The primary hydrant shall be not further than one hundred fifty feet (150') from the structure. 10. Hydrant Accessibility: Hydrants shall not be obstructed by any structure or vegetation, or have the hydrant visibility impaired within a distance of one hundred fifty feet (150') in any direction of vehicular approach to the hydrant. All hydrants are to be accessible to Fire Department pumpers over roads capable of supporting such fire apparatus. The Fire Marshal shall have discretion to determine the location of the hydrants based upon a review of the location of the existing utilities, topography and the characteristics of the building or structure; minor deviations may be granted by Fire Department approval of written requests. 11. Design and Installation Requirements: The installation of all fire hydrants shall be in accordance with sound engineering practices. In addition, the following requirements shall apply to all building construction projects: AGENDA ITEM # 9. i) ORDINANCE NO. ________ 107 a. Two (2) copies of detailed plans or drawings, accurately indicating the location of all valves and fire hydrants to be installed shall be submitted to the Fire Marshal prior to the commencement of any construction. b. All fire hydrants must be approved by the City of Renton, Public Works Department. c. All construction of the fire hydrant installation and its attendant water system connection shall conform to the design standards and specifications of the City of Renton. d. Fire hydrant installation shall be adequately protected against vehicular damage in accordance with RMC 4-6-010.A. e. An auxiliary gate valve shall be installed at the main line tee to permit the repair and replacement of the hydrant without disruption of water service. f. All hydrants shall stand plumb, ±3°, to be set to the finished grade with the bottom flange two inches (2") above ground or curb grade and have no less than thirty-six inches (36") in diameter of clear area about the hydrant for the clearance of hydrant wrenches on both outlets and on the control valve. g. The port shall face the most likely route of approach and location of the fire truck while pumping; distance from pumper port to street curb shall be no further than twelve feet (12'), all as determined by the Fire Marshal. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 108 h. The lead from the service main to the hydrant shall be no less than six inches (6") in diameter. Any hydrant leads over fifty feet (50') in length from water main in hydrant shall be no less than eight inches (8") in diameter. i. All hydrants newly installed in single family residential areas shall be supplied by not less than six inch (6") mains, and shall be capable of delivering one thousand (1,000) g.p.m. fire-flow over and above average maximum demands at the farthest point of the installation. Hydrant leads up to fifty feet (50') long may be six inches (6") in diameter. j. All hydrants shall conform to the latest requirements adopted by the Renton Municipal Code or other provision of law revised City of Renton Standard Detail and Specifications. k. All pipe shall meet City of Renton standards pursuant to RMC 4-6- 010.A. l. The maximum distance between fire hydrants in single-family use district zones shall be six hundred feet (600'). m. The maximum distance between fire hydrants in commercial, industrial and apartment (including duplex) use district zones shall be three hundred feet (300'). n. Lateral spacing of fire hydrants shall be predicated on hydrants being located at street intersections. AGENDA ITEM # 9. i) ORDINANCE NO. ________ 109 o. The appropriate water authority and Fire Department shall be notified in writing of the date the fire hydrant installation and its attendant water connection system will be available for use. p. The Fire Marshal shall be notified when all newly installed hydrants or mains are placed in service. q. Where fire hydrants are not in service, they shall be identified as being out of service by a method approved by the Fire Marshal. 12. Special Requirements for Buildings More Than Two Hundred Feet (200') from a Street Property Line: The requirements of this Section apply to all building construction projects in which buildings are located or are to be located such that any portion is more than two hundred feet (200') in vehicular travel from a street property line, except detached single-family dwellings: a. Buildings that have required fire-flows of less than two thousand five hundred (2,500) g.p.m. may have fire hydrants on one side of the building only. b. When the required fire-flow is over two thousand five hundred (2,500) g.p.m., the fire hydrants shall be served by a main which loops around the building or complex of buildings and reconnects back into a distribution supply main. c. The number of fire hydrants that shall be required for the new construction or a defined risk shall be based on the amount of fire-flow that is required to protect said risk. The requirement shall be one hydrant per one thousand (1,000) g.p.m. fire-flow. These fire hydrants shall be located no closer AGENDA ITEM # 9. i) ORDINANCE NO. ________ 110 than fifty feet (50') from the structure and no greater than three hundred feet (300'). All hydrants are to be accessible to Fire Department pumpers over roads capable of supporting such fire apparatus. The Fire Marshal shall determine the location of the hydrants based upon a determination of utility, topography and building or structure; minor deviations may be granted by Fire Department approval of written requests. 13. Water System Requirements for Hydrants: All fire hydrants shall be served by a municipal or quasi-municipal water system, or as otherwise approved by the Fire Marshal. 14. Service and Testing of Hydrants: All hydrants shall be subject to testing, inspection, and approval by the Fire Department. 15. Prohibited Hydrants: The installation of flush type hydrants is prohibited unless approved by the Fire Marshal and such approval shall be given only when permitted fire hydrants would be dangerous or impractical. The showing of such danger or impracticability shall be the burden of the builder. 16. Dead End Mains Prohibited: Provisions shall be made wherever appropriate in any project for looping all dead end or temporarily dead end mains. A minimum fifteen-foot (15') easement shall be required. Construction plans must be approved by the Public Works Department as per this Section and other applicable City regulations prior to commencement of construction. 17. Meter or Detection Required for Private Water or Fire Service: Services for fire protection must be metered or detector checkered at the expense AGENDA ITEM # 9. i) ORDINANCE NO. ________ 111 of the owner and fitted with such fixtures only as are needed for fire protection and must be entirely disconnected from those used for other purposes. 18. Use for Other Than Fire Protection Prohibited: In no case will any tap be made upon any pipe used for fire service purposes or any tank connected therewith, nor shall the use of any water be permitted through any fire service nor through any pipes, tanks or other fixtures therewith connected for any purposes except the extinguishing of fire on such premises or testing flows for fire control purposes. 19. Changes Requiring Increased Fire Protection: Whenever any change in the use, occupancy or construction of any premises or purposes as hereinabove defined require any increased fire and hydrant protection, the owner, owners, or person in charge of such premises shall proceed promptly toward securing adequate protection and all such installation or changes to be completed providing for such increased fire protection, prior to the use or occupancy of such facilities. 20. Violation of This Section and Penalties: Unless otherwise specified, violations of this Section are misdemeanors subject to RMC 1-3-1. Each day upon which a violation occurs or continues constitutes a separate offense. SECTION III. Upon approval of the City Attorney, the City Clerk is authorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering and references. The City AGENDA ITEM # 9. i) ORDINANCE NO. ________ 112 Clerk is further authorized to direct the codifier to update any chapter, section, or subsection titles in the Renton Municipal Code affected by this ordinance. SECTION IV. If any section, subsection, sentence, clause, phrase, or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION V. This ordinance shall be in full force and effect thirty (30) days after adoption. No later than five (5) days prior to such effective date, a summary of this ordinance consisting of its title shall be published in the City’s official newspaper. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2022. Armondo Pavone, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD-RRFA:2132:7/15/22 AGENDA ITEM # 9. i) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING SECTION 3-4-3 OF THE RENTON MUNICIPAL CODE TO AUTHORIZE THE FINANCE DEPARTMENT ADMINISTRATOR TO WRITE OFF BAD DEBT; PROVIDING SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. All portions of the Renton Municipal Code in this ordinance not shown in strikethrough and underline edits or are not explicitly repealed herein remain in effect and unchanged. SECTION II. Section 3-4-3 of the Renton Municipal Code is amended as follows: 3-4-3 Duties of Administrator: The Finance Administrator duties, functions and powers include but are not limited to the following: A. Maintain a general accounting system, including but not limited to creating new budgeting, accounting and reporting funds and consolidating and/or closing such existing funds except as may otherwise be directed by the state law. B. Manage the preparation of proposed budgets; monitor revenue receipts and appropriate expenditures to implement the adopted budget; and present, when necessary, financial, legislative or policy proposals concerning the Finance Department to the City Council for approval. C. Promulgate rules and procedures to administer City tax and license ordinances as required by RMC Title 5. AGENDA ITEM # 9. j) ORDINANCE NO. ________ 2 D. Conduct and oversee internal and external audits or examinations, including but not limited to the audits or examinations of: 1. Taxpayer records; 2. Disbursements or refunds of City funds; 3. City financial transactions and activities. E. Administer City debts, including but not limited to the coordination of debt issuance; ensure timely processing of periodic debt service payments; ensure compliance with federal, state regulations, and bond covenants; provide financial in formation for ongoing disclosure and rating agencies surveillance. F. Collect monies due the City from any source; write off bad debt consistent with applicable accounting standards; secure all public funds or investments belonging to or under the control of the City; and deposit all City funds in such approved depositories as is appropriate. G. Administer the City’s investment program consistent with adopted policies and procedures. H. Submit to the City Council, not less than quarterly, a financial report in sufficient detail to show the exact financial condition of the City and submit as of the end of each fiscal year a comprehensive annual financial report. I. Supervise and evaluate the performance of assigned personnel. J. Perform such other and lawful acts and functions necessary to carry out this Chapter and/or as may be assigned by the Mayor. AGENDA ITEM # 9. j) ORDINANCE NO. ________ 3 SECTION III. Upon approval of the City Attorney, the City Clerk is au thorized to direct the codifier to make necessary corrections to this ordinance, including the corrections of scriveners or clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering and references. The City Clerk is further authorized to direct the codifier to update any chapter, section, or subsection titles in the Renton Municipal Code affected by this ordinance. SECTION IV. If any section, subsection, sentence, clause, phrase, or word of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase, or word of this ordinance. SECTION V. This ordinance shall be in full force and effect thirty (30) days after adoption. No later than five (5) days prior to such effective date, a summary consisting of this ordinance's title shall be published in the City's official newspaper. PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2022. __________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2022. __________________________ Armondo Pavone, Mayor AGENDA ITEM # 9. j) ORDINANCE NO. ________ 4 Approved as to form: ______________________________ Shane Moloney, City Attorney Date of Publication: ___________ ORD-FIN: 2236: 9.21.22 AGENDA ITEM # 9. j)