City Council Meeting Agenda Packet

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BOTHELL CITY COUNCIL ***VIRTUAL MEETING*** AGENDA January 12, 2021 – 6:00 PM BOTHELL CITY HALL - 18415 101st AVE NE BOTHELL, WA 98011

Public Notice: Pursuant to Governor Inslee’s Stay Home, Stay Healthy Proclamation 20-25 extension and the extension of Proclamation 20-28 regarding open public meetings, and in an effort to curtail the spread of the COVID-19 virus, this City Council meeting will be conducted remotely through Zoom. We encourage members of the public to attend and participate in the meeting remotely, as described in more detail below:

Public testimony during public hearings and visitor comments will be accommodated through Zoom, but the public is requested to sign up for such testimony by submitting a form HERE.

For those wishing to attend by Zoom, please: (1) click this link: https://us02web.zoom.us/j/84066592903 (or copy the URL and paste into a web browser) (2 ) call-in to the Zoom meeting by dialing 253-215-8782 and entering 840 6659 2903

The proceedings will also be available to view live or on the following day on the City of Bothell YouTube Channel, or live on *BCTV Cable Access Channels 21/26 (must have Frontier/Comcast Cable).

MEMBERS OF THE CITY COUNCIL Mayor Liam Olsen Deputy Mayor Jeanne Zornes Councilmember Tom Agnew Councilmember Davina Duerr Councilmember Rosemary McAuliffe Councilmember James McNeal Councilmember Mason Thompson

REGULAR SESSION Call to Order & Roll Call

Meeting Agenda Approval During this item, the City Council may identify agenda items to be continued, withdrawn, or added.

1. Presentations, Reports, & Briefings

A. Public Engagement Opportunities

B. Proclamations/Recognitions - None at this time. C. Special Presentations - None at this time.

D. Staff Briefings - None at this time.

E. City Manager Reports - None at this time.

F. Council Committee Reports

2. Visitor Comment

Those testifying or providing visitor comment will be limited to 3 minutes. Attendees will be muted and not audible to the Council except during times they are designated to speak.

If you wish to comment (either in writing or verbally) please submit a form HERE prior to 3:00PM (day of meeting). All comments will be made part of the record.

3. Consent Agenda All items under this section will be passed with a single motion and vote. These items are of a routine nature. Prior to approval, City Council may request items be withdrawn from the consent agenda for separate discussion. Approval of the consent agenda authorizes the City Manager to implement each item in accordance with the staff recommendation.

Pgs. 5-28 A. Minutes: Approval of November and December 2020 City Council Meeting Minutes Recommended Action: Approve the November 10 and 17, 2020 Meeting Minutes and the December 1, 8, and 15, 2020 Meeting Minutes as presented. 3,718,165.9 Pgs. 29-30 B. AB # 21-001 – Approval of November 2020 Payroll and Benefit Transactions Recommended Action: Approve payroll and benefit transactions for November 1 – 30, 2020.

Pgs. 31-118 C. AB # 21-002 – Approval of a Resolution Establishing a Hearing Date for Street Vacation Petition – Northwest Corner of NE 185th and Ross Road Recommended Action: Approve the resolution establishing a hearing date and time of the March 2, 2021 City Council meeting for the street vacation petition submitted by Harbor Homes for a portion of the northwest corner of the intersection of NE 185th Street and Ross Road.

4. Public Hearings

Pgs. 119-292 A. AB # 21-003 – Public Hearing for proposed Amendments to Bothell Municipal Code Title 20 (Building and Construction Code) Recommended Action: Adopt the revisions, deletions and additions to BMC Title 20.

5. Ordinances & Resolutions - None at this time.

6. Contracts and Agreements - None at this time.

January 12, 2021 Agenda Packet Page 2 of 292 7. Other Items - None at this time.

8. Study Session/Update/Discussion Items - None at this time.

9. Council Conversations During this item, Council members have the opportunity to informally discuss topics of city interest.

10. Executive Session/Closed Session - None at this time.

11. Adjourn

CERTIFICATE:

I hereby certify that the above agenda was posted on 1/7/21 by 6:00 P.M., on the official website and bulletin board at Bothell City Hall, 18415 101st Avenue NE, Bothell, WA, 98011, in accordance with RCW 42.30.077, at least 24 hours in advance of the published start time of the meeting.

/s/ Laura Hathaway, City Clerk

SPECIAL ACCOMODATIONS: The City of Bothell strives to provide accessible meetings for people with disabilities. If special accommodations are required, please contact the ADA Coordinator at (425) 806- 6151 at least one day prior to the meeting.

Copies of agenda bills and attachments listed in this agenda may be obtained from the City Clerk's Office the Friday before the meeting.

*Bothell City Council meetings are aired live on Bothell Community Television (BCTV) Channel 21/26 (Comcast/Frontier) (available to Comcast and Frontier Cable customers within Bothell City limits). Meetings are generally replayed according to the following schedule (subject to change): Wednesday following the meeting at 10 a.m.; Friday, Saturday and Sunday following the meeting at 10 a.m. and 7 PM. City Council and Planning Commission meetings and the BCTV schedule are viewable online at www.bothellwa.gov

January 12, 2021 Agenda Packet Page 3 of 292 (This page intentionally left blank)

January 12, 2021 Agenda Packet Page 4 of 292 BOTHELL CITY COUNCIL ***VIRTUAL MEETING*** Minutes November 10, 2020 6:00 PM

REGULAR SESSION Call to Order & Roll Call

Mayor Olsen called the meeting to order at 6:00 PM. All Councilmembers were present with the exception of Councilmember McAuliffe who joined the meeting at 6:27 PM.

Meeting Agenda Approval

The agenda was approved as presented.

1. Presentations, Reports, & Briefings A. Public Engagement Opportunities - None at this time.

B. Proclamations - Bob Turnell Recognition

Mayor Olsen welcomed Mr. Turnell and his family and read the proclamation into the record. Councilmembers each thanked Mr. Turnell for his service.

Julie Turnell thanked the Council for honoring her father.

C. Special Presentations - None at this time.

D. Staff Briefings - None at this time.

E. City Manager Reports - None at this time.

F. Council Committee Reports

Deputy Mayor Zornes reported on Lodging Tax Advisory Committee (LTAC) and the Chamber luncheon.

January 12, 2021 Agenda Packet Page 5 of 292 2. Visitor Comment

Written Comments were received from the following (all will be made part of the record):

Rachel Krinsky – Human Services Grants Jack Edgerton – Human Services Funding Kim Gerdes – Human Service Funding Kevin Keirnan – DEI Position Hannah Mendro – Budget and DEI Position Lauren Thomas – Human Services Funding Jessica Campbell – Budget Carmin Dalziel – Human Services Funding Sarah Gustafson – Public Engagement and Inclusive Council Meetings

Verbal Comments were received from the following:

Kevin Keirnan – DEI Position Kristin Joyner – Human Services Funding Brooke Knight – Human Services Funding Ed Sterner – Human Services Funding Beratta Gomillion – Human Service Funding Andrew Nelson – DEI Position Tamara Wood – Budget and DEI Position Rami Al-Kabra – Budget and DEI Position

3. Consent Agenda

A. Approval of the September 15, 2020, and the October 6, and 20, 2020 Meeting Minutes Recommended Action: Approve the meeting minutes as presented.

B. AB # 20-140 – Approval of September 2020 Payroll and Benefit Transactions Recommended Action: Approve payroll and benefit transactions for September 1 – 30, 2020.

C. AB # 20-141 – Approval of Supplement No. 2 to the Professional Services Agreement with Floyd Snider, Inc., to Continue Providing On-Call Downtown Environmental Support Services Recommended Action: Approve Supplemental Agreement No. 2 with Floyd Snider Inc., in the amount of $350,000 and in substantially the same form as presented, to continue providing on- call Downtown environmental support services and authorize the City Manager to execute.

Councilmember Agnew moved approval of the Consent Agenda as presented. Councilmember Duerr second. The motion carried 7-0.

4. Public Hearings

A. AB # 20-142 – Public Hearing and Consideration of an Ordinance Amending BMC Chapter 12.64 Downtown Subarea Regulations Revising Outdoor Space Regulations Recommended Action: Conduct a Public Hearing and approve the proposed ordinance amending sections of BMC Chapters 12.64 Downtown Subarea Regulations.

Mayor Olsen opened the Public Hearing at 6:51 PM.

January 12, 2021 Agenda Packet Page 6 of 292 Staff requested this Public Hearing be continued to December 8, 2020 in order to incorporate new comments and information into the presentation which came out after publication of this agenda packet .

Public Comment was received from the following:

Bart Flora Tyler Churchill

MOTION: Councilmember Duerr moved to continue the Public Hearing to December 8, 2020. Councilmember Agnew second. The motion carried 7-0.

Council recessed at 6:56 PM and reconvened at 7:03 PM.

5. Ordinances & Resolutions - None at this time.

6. Contracts and Agreements

A. AB # 20-143 – Consideration of Approving the Bothell Arts Commission Selection of Artist John Fleming for Conceptual Artwork Design Related to the Rebuild of Fire Station 42 and Fire Station 45 and Acknowledge Forgoing the Collection of Permit Fees Associated with the Art Installation Recommended Action: Approve the Bothell Arts Commission selection of artist John Fleming for conceptual artwork design related to the rebuild of Fire Stations 42 and 45, in the amount of $68,000 and acknowledge forgoing the collection of permit fees associated with the art installation.

Tourism Manager DeNae McGee along with Arts Commission Member Katrina Sather presented and entertained Council questions.

MOTION: Councilmember Agnew moved approval of the recommended action. Deputy Mayor Zornes second. The motion carried 7-0.

7. Other Items

A. AB # 20-144 – Consideration of the City of Bothell 2021-22 Legislative Agenda and Policy Manual Recommended Action: Approve the proposed City of Bothell 2021-2022 Legislative Agenda and Policy Manual.

Assistant City Manager Kellye Mazzoli introduced Shelly Helder of Gordon, Thomas, Honeywell who presented and entertained Council questions.

MOTION: Councilmember Agnew moved approval of the recommended action. Councilmember McAuliffe second. The motion carried 7-0.

Council recessed at 8:13 PM and reconvened at 8:24 PM.

January 12, 2021 Agenda Packet Page 7 of 292 8. Study Session/Update/Discussion Items

A. AB # 20-145 – Budget Forecast Update Recommended Action: Receive the report and consider whether to incorporate into the final 2021-2022 budget the updated revenue forecast.

Finance Director Chris Bothwell presented the updated revenue forecast and entertained Council questions.

This was an update only; no action taken.

9. Council Conversations

Councilmember McNeal Thanked Veterans and asked for the Council and public not to be divided going forward.

Councilmember Agnew thanked Veterans for their service on the eve of Veterans Day.

Councilmember McAuliffe thanked members of the public who spoke tonight regarding human services funding and the DEI position.

Deputy Mayor Zornes echoed the comments of the Councilmembers McNeal and McAuliffe.

10. Executive Session/Closed Session - Executive Session: Potential Litigation pursuant to RCW 43.30.110(1)(i)

Mayor Olsen stated the Executive Session was anticipated to last 30 minutes with no action expected.

Council recessed at 8:52 PM and convened the Executive Session at 9:15 PM.

At 9:45 PM Council requested 10 additional minutes.

11. Adjourn

Mayor Olsen adjourned the meeting at 9:55 PM.

Submitted for Approval on January 12, 2020.

January 12, 2021 Agenda Packet Page 8 of 292 BOTHELL CITY COUNCIL ***VIRTUAL MEETING*** Minutes November 17, 2020

REGULAR SESSION Call to Order & Roll Call

Mayor Olsen called the meeting to order at 6:00 PM.

All Councilmembers present with the exception of Councilmember McAuliffe who joined at 6:12 PM and Deputy Mayor Zornes who was having technical difficulties

Meeting Agenda Approval

The Agenda was approved as presented.

1. Presentations, Reports, & Briefings

A. Public Engagement Opportunities - None at this time.

B. Proclamations - None at this time.

C. Special Presentations - None at this time.

D. Staff Briefings - None at this time.

E. City Manager Reports - None at this time.

F. Council Committee Reports - None at this time. 2. Visitor Comment

Written Comments received from: Thoa Nguyen (Sushi Chinois) – AB 20-154 Capping delivery fees to restaurants Tuan Nguyen – AB 20-154 Capping delivery fees to restaurants Zhirong Chen – AB 20-154 Capping delivery fees to restaurants

January 12, 2021 Agenda Packet Page 9 of 292

REQUEST TO SPEAK LIVE: Laura Escude regarding Humans Services funding and the DEI position. Brittany Caldwell (Bothell Kenmore Chamber) – AB 20-154 Capping delivery fees to restaurants Chad Horrell (Doordash) – AB 20-154 Capping delivery fees to restaurants Rami Al-Kabra – Tax increases, budget and cap on delivery fees

3. Consent Agenda

A. AB # 20-146 – Approval of October 2020 Vouchers Recommended Action: Approve vouchers for October 2020 totaling $5,377,695.04. 3,718,165.9 B. AB # 20-147 – Approval of Interlocal Agreement with Snohomish Health District for Per Capita Contribution for Health District Services Recommended Action: Approve the Interlocal Agreement with the Snohomish Health District in the amount of $22,000 for the year 2020, and authorize the City Manager to sign extensions to the ILA contingent upon the annual fee’s inclusion in the adopted budget.

C. AB # 20-148 - Approval of Construction Contract for Camden Lift Station Retrofit – Site 45 Recommended Action: Authorize the City Manager to enter into a Construction Contract with Road Construction Northwest, Inc. for construction of the Camden Lift Station Retrofit in the amount of $626,438.20.

D. AB # 20-149 - Consideration of a Resolution approving the 2021-2027 Capital Facilities Plan (CFP) Update Recommended Action: Adopt the Resolution approving the 2021-2027 Capital Facilities Plan.

E. AB # 20-150 - Consideration of a Resolution Establishing the 2021 User Fee Schedule Recommended Action: Adopt a Resolution establishing the 2021 User Fee Schedule as presented and included in the Preliminary Budget, setting user fees for 2021.

MOTION: Councilmember Agnew moved approval of the Consent Agenda as presented. Councilmember Duerr second. The motion carried 6-0 (Deputy Mayor Zornes absent absent)

4. Public Hearings

A. AB # 20-151 – Public Hearing on Revenues for the 2021-2022 Biennium and the 2021 City of Bothell Property Tax Levy and Consideration of Adopting the 2021 Property Tax Levy Recommended Action: Open a public hearing on revenues for the 2021-2022 biennium and the 2021 property tax levy rate, consider public testimony and approve the 2021 Property Tax Levy Ordinance and the 2021 Ordinance of Significant Need to provide funding for essential local government services in the 2021-2022 biennium.

Mayor Olsen opened the Public Hearing at 6:16 PM.

Finance Director Chris Bothwell presented and entertained Council questions.

January 12, 2021 Agenda Packet Page 10 of 292

SUBMITTED WRITTEN COMMENTS:

Sriram Gopalan

MOTION: Councilmember Agnew moved approval of the recommended action. Councilmember Duerr second. The motion carried 6-0 (Deputy Mayor Zornes absent).

B. AB # 20-152 – Public Hearing for Consideration of Adoption of Two Ordinances Establishing the EMS Levy in the Snohomish County Portion of Bothell for 2021 Recommended Action: Adopt the two proposed Ordinances authorizing a one percent increase in the EMS levy for 2021 due to substantial need, and establishing the 2021 EMS Levy for the Snohomish County Portion of Bothell.

Mayor Olsen recessed the Bothell City Council Meeting and convened the meeting of the Bothell EMS Board and opened the Public Hearing at 6:23 PM.

Finance Director Chris Bothwell presented and entertained Council questions.

MOTION: Board Member Agnew moved approval of the recommend action. Board Member Duerr second. The motion carried 6-0 (Deputy Mayor Zornes absent).

Mayor Olsen adjourned the meeting of the Bothell EMS Board and reconvened the Bothell City Council Meeting at 6:28 PM.

Council recessed at 6:29 and reconvened at 6:40. Deputy Mayor Zornes joined the meeting at 6:40 PM

C. AB # 20-153 - Public Hearing on the Final 2021-2022 Budget and Consideration of an Ordinance Adopting the Final 2021-2022 Budget. Recommended Action: Open a public hearing on the Final Budget, consider comments offered during the public hearing, and approve the Ordinance adopting the final 2021-2022 Budget with any changes desired by a majority of the Council.

Mayor Olsen opened the Public Hearing at 6:42 PM.

City Manager Jennifer Phillips presented final 2021-222 budget and entertained Council questions. She gave a brief overview of the current biennium (2019-2020), an overview of the proposed 2021-2022 budget including revenues and expenditures, and a general fund update and review of council priorities.

Ms. Phillips also addressed ways to fund Human Services Grants and a part-time DEI position in her presentation. Humans Services Grant Funding would come from the asset replacement fund for the ballfields and funding for a part-time DEI position would come from general fund operating reserves until funding can be identified in 2021.

Lastly she asked for final policy direction from the City Council.

Mayor Olsen called for Public Comment.

January 12, 2021 Agenda Packet Page 11 of 292 SUBMITTED WRITTEN COMMENTS: 1. Nicole Dibble – DEI position and Human services Funding 2. Ann Nuss – DEI position and Human Services Funding 3. Madison Fallin – DEI position and Human Services Funding 4. Elaine Walsh – DEI position and Human Services Funding 5. Sara So – DEI position 6. Ami Morse – DEI position and Human Services Funding 7. Hannah Mendro – DEI position 8. Megan Prine – DEI position and Human Services Funding 9. Sabrina Susan Bates – DEI position and Human Services Funding 10. Andrea Schafer (Bothell Kenmore Chamber) – Human Services Funding 11. Craig Breedon – DEI position 12. Silje Sodal (NUHSA) – Human Services Funding 13. Cameron Chapman – DEI position and Human Services Funding 14. Rosemary Sutton – Human Services Funding 15. Athena Louscher – DEI position 16. Sarah Gustafson – DEI position

REQUEST TO SPEAK LIVE: 1. Barbara Anderson – Budget & Northshore Senior Center 2. Andrew Nelson - DEI position in Budget 3. Angela Maeda – DEI 4. Kat Antes-Tadros – DEI 5. Aditi Jain– Public Safety Budget 6. Beratta Gomillion – Human services Funding and Budget 7. Jenne Alderks – DEI position 8. Rami Al-Kabra – spoke regarding Budget, human services funding and the DEI position.

Mayor Olsen addressed the budget presentation and reiterated that staff/council will revisit the budget in 2021 to make needed adjustments. He also proposed using $300K from the field replacement budget to fund human services grants in 2021, and proposed that he, along with the Deputy Mayor, be involved with the human services grant process. He also addressed the DEI position stating hiring a part-time person will memorialize Council’s resolution and identify what we need to do to move forward.

Discussion ensued.

MOTION: Councilmember McNeal moved to approve the budget with funding Human Services for 2021 at the 2020 rate and funding a part-time DEI position for 2021. Deputy Mayor Zornes second.

AMENDED MOTION: Councilmember Thompson moved to amend the motion include funding the part-time DEI position for both 2021 and 2022. Councilmember Duerr second. The amended motion passed 4-3 as follows: Zornes yes, Thompson yes, McAuliffe no, McNeal no, Olsen yes, Duerr yes, Agnew no.

VOTE ON MAIN MOTION AS AMENDED – The main motion as amended carried 7-0.

Council recessed at 9:08 PM and reconvened at 9:19 PM.

January 12, 2021 Agenda Packet Page 12 of 292 5. Ordinances & Resolutions

A. AB # 20-154 – Ordinance Enacting a Temporary Cap on Delivery Fees and Other Service Charges Imposed Upon Retail Food Establishments by Third Party Delivery Services Recommended Action: Approve the attached, proposed ordinance to impose a 15% temporary cap on delivery fees and other service charges imposed upon retail food establishments by third party delivery services and prohibiting such food delivery services from reducing compensation to paid drivers during the effective date of the ordinance.

Economic Development Manager Jeanie Ashe presented and entertained Council questions.

MOTION: Councilmember Duerr moved the recommended action. Councilmember Agnew second. The motion carried 7-0

6. Contracts and Agreements - None at this time.

7. Other Items - None at this time.

8. Study Session/Update/Discussion Items - None at this time.

9. Council Conversations

Deputy Mayor Zornes reported on the LTAC window decorating contest along Main Street.

Councilmember McAuliffe reported on the Police Dept. Food Drive and thanked the City Manager for her hard work.

Councilmember McNeal challenged the Council to give back to the community.

Councilmember Agnew reminded everyone to keep wearing masks and keep social distancing.

All wished the public a Happy Thanksgiving.

10. Executive Session/Closed Session - None at this time

11. Adjourn

Mayor Olsen adjourned the meeting at 9:35 PM

Submitted for Approval on January 12, 2020

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January 12, 2021 Agenda Packet Page 14 of 292 BOTHELL CITY COUNCIL ***VIRTUAL MEETING*** Minutes December 1, 2020 – 6:00 PM

REGULAR SESSION Call to Order & Roll Call

Mayor Olsen called the meeting to order at 6:00 PM. All Councilmembers present with the exception of Councilmembers Duerr and McAuliffe who were absent.

Meeting Agenda Approval

Councilmember Thompson added an item to the Consent Agenda: Approval of an Ordinance Repealing Ordinance No. 2333 – Cap on Delivery Fees.

1. Presentations, Reports, & Briefings

A. Public Engagement Opportunities

Mayor Olsen reviewed upcoming public engagement opportunities.

B. Proclamations - George Ahearn Recognition

Mayor Olsen read the proclamation recognizing George Ahearn for his work in feeding the hungry and helping the farmers in Eastern WA. Mr. Ahearn thanked the Council for the recognition.

C. Special Presentations - None at this time.

D. Staff Briefings - None at this time.

E. City Manager Reports - None at this time.

F. Council Committee Reports - None.

January 12, 2021 Agenda Packet Page 15 of 292 2. Visitor Comment

Written Comments submitted to Council received from the following:

Andrew Nelson – Thanked Council for funding the DEI position and Human Services, and suggested a DEI Commission. Sarah Gustafson – wrote regarding access to past meeting public comments.

No Verbal Comments received.

A. AB # 20-155 – Approval of October 2020 Payroll and Benefit Transactions Recommended Action: Approve payroll and benefit transactions for October 1 – 31, 2020. 3,718,165.9 B. AB # 20-156 – Approval of Contract Supplement No. 1 with H.W. Lochner Inc. for On-call Pavement Rehabilitation Design Services Recommended Action: Approve Contract Supplement No. 1 with Lochner for professional services in the amount of $300,000.

C. ADDED ITEM – Approval of an Ordinance Repealing Ordinance No. 2333: Cap on Delivery Fees Recommended Action: Approve an Ordinance repealing Ordinance No. 2333 to align with Governor Inslee’s Proclamation.

MOTION: Councilmember Thompson moved approval of the Consent Agenda. Councilmember Agnew second. The motion carried 5-0; Councilmembers Duerr and McAuliffe absent.

4. Public Hearings

A. AB # 20-157 – Public Hearing and Consideration of a New Interim Ordinance to Allow Temporary Use of Private Property/Parking Areas for Outdoor Dining Recommended Action: Provide direction to staff on whether to continue foregoing collection of permit fees, expect special inspection fees, and adopt the proposed Interim Ordinance (Attachment 1).

Mayor Olsen opened the Public Hearing at 6:16 PM

Community Development Director Michael Kattermann presented and entertained Council questions.

Written Public Comment was received from the following:

Cary Westerbeck – commented in favor of continuing to allow use of the parking areas. Sarah Gustafson - commented in favor of continuing to allow use of the parking areas.

January 12, 2021 Agenda Packet Page 16 of 292 MOTION: Councilmember Thompson moved approval of the recommended action. Councilmember Agnew second. The motion carried 5-0; Councilmembers Duerr and McAuliffe absent.

5. Ordinances & Resolutions - None at this time

6. Contracts and Agreements - None at this time.

7. Other Items - None at this time.

8. Study Session/Update/Discussion Items

A. AB # 20-158 – Study Session for Canyon Park Subarea Plan, Development Regulations and Planned Action Ordinance Recommended Action: No action is required at this time. The project team will be available to answer Council questions.

Community Development Director Michael Kattermann presented, along with members of the project team, and entertained Council questions.

Council recessed at 7:43 PM and reconvened at 7:48 PM.

Questions/Discussion continued.

No action taken.

9. Council Conversations

Councilmembers wished Councilmember Agnew a Happy Birthday.

10. Executive Session/Closed Session

A. Closed Session – Labor Negotiations Pursuant to RCW 42.30.140(4)(a)

Council adjourned to Closed Session to discuss Labor Negotiations pursuant to RCW 42.30.140(4)(a) via MS TEAMS at 8:12 PM – anticipated to last 30 minutes with no action.

At 8:43 Mayor Olsen extended the closed session to 9:00 PM.

11. Adjourn

Mayor Olsen adjourned the meeting at 9:00 PM.

Submitted for approval on 1/12/2021

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January 12, 2021 Agenda Packet Page 18 of 292 BOTHELL CITY COUNCIL ***VIRTUAL MEETING*** Minutes December 8, 2020

REGULAR SESSION Call to Order & Roll Call

Mayor Olsen called the meeting to order at 6:03 PM. All Councilmembers present.

Meeting Agenda Approval

The meeting agenda was approved as presented.

1. Presentations, Reports, & Briefings

A. Public Engagement Opportunities - None at this time.

B. Proclamations - None at this time.

C. Special Presentations

- Update on Buildable Lands, Growth Targets & Countywide Planning Policies

Planner Kirsten Mandt presented and entertained Council questions.

D. Staff Briefings - None at this time.

E. City Manager Reports - None at this time.

F. Council Committee Reports

Councilmember Thompson provided a report out on the Law and Justice Committee.

January 12, 2021 Agenda Packet Page 19 of 292 2. Visitor Comment

Written Comment was received by the following:

Kim Berg (CBRE) – regarding Canyon Park Subarea Plan and Development Regulations. Roger Belanich (Business Property Development) – regarding the Canyon Park Subarea Plan and Development Regulations.

Verbal Comment was received by the following:

Aaron Dwinell (SteelWave) – regarding the Canyon Park Subarea Plan and Development Regulations. Karen Martinez (CRBE) – regarding the Canyon Park Subarea Plan and Development Regulations. Roger Belanich (Business Property Development) – regarding the Canyon Park Subarea Plan and Development Regulations.

3. Consent Agenda - None at this time

4. Public Hearings

A. AB # 20-159 – Public Hearing and Consideration of Interim Ordinance Temporarily Suspending BMC 12.32.120 Concurrent Review of Other Required Permits-Site Plan Review Recommended Action: Adopt the interim ordinance to temporarily suspend application of Section 12.32.120 of the Bothell Municipal Code.

Mayor Olsen opened the Public Hearing at 6:25 PM.

Development Services Manager Jeff Smith presented and entertained Council questions.

No comments received.

MOTION: Councilmember Duerr moved approval of the recommended action. Councilmember Agnew second. The motion carried 7-0.

B. AB # 20-160 – Continued Public Hearing and Consideration of an Ordinance Amending BMC Chapter 12.64 Downtown Subarea Outdoor Space Regulations Recommended Action: Approve the Proposed Ordinance Amending Sections of BMC Chapter 12.64 Downtown Subarea Regulations.

Mayor Olsen opened the Public Hearing at 6:30 PM.

Senior Planner Dave Boyd presented and entertained Council questions.

No comments received.

MOTION: Councilmember Duerr moved approval of the recommended action. Councilmember Agnew second. The motion carried 7-0.

January 12, 2021 Agenda Packet Page 20 of 292 C. AB # 20-161 – Public Hearing and Consideration and Approval of Ordinance for School Impact Fees: Northshore School District Recommended Action: Adopt the proposed ordinance (Attachment 2) with fees at the level requested by Northshore School District.

Mayor Olsen opened the Public Hearing at 7:00 PM.

Community Development Director Michael Kattermann introduced Bri Ralph of the Northshore School District who presented and entertained Council questions.

No comments received.

MOTION: Councilmember Duerr moved approval of the recommended action. Councilmember McAuliffe second. The motion carried 7-0.

5. Ordinances & Resolutions - None at this time

6. Contracts and Agreements - None at this time.

7. Other Items - None at this time.

8. Study Session/Update/Discussion Items - None at this time.

9. Council Conversations

Councilmember Duerr asked for and received consensus for council representation at the table to weigh in, track, see where in-lieu fees funds are spent.

Other topics included possible Council participation for larger projects, tree preservation on small lots, and discussion of 1/% for the arts on private sector projects.

10. Executive Session/Closed Session - None at this time.

11. Adjourn

Mayor Olsen adjourned the meeting at 7:37 PM.

Submitted for approval on 1/12/2021

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January 12, 2021 Agenda Packet Page 22 of 292

BOTHELL CITY COUNCIL ***VIRTUAL MEETING*** Minutes December 15, 2020

REGULAR SESSION Call to Order & Roll Call

Mayor Olsen called the meeting to order at 6:02 PM. All Councilmembers present; Councilmember Agnew joined via phone as he was having technical difficulties.

Meeting Agenda Approval

Deputy Mayor Zornes pulled AB #20-172, Profession Services Agreement Supplement with CWA from the Consent Agenda.

Councilmember Duerr pulled AB # 20-165, Third Quarter Financial Report from the Consent Agenda.

1. Presentations, Reports, & Briefings

A. Public Engagement Opportunities - None at this time.

B. Proclamations/Recognitions - City of Bothell Staff Recognition

Mayor Olsen read a proclamation into the record recognizing Bothell City Staff for their hard work and dedication in 2020.

C. Special Presentations - None at this time.

D. Staff Briefings - Solid Waste Program Update

Sustainability Coordinator Emily Warnock presented an update on the Solid Waste program and entertained Council questions.

E. City Manager Reports - None at this time.

January 12, 2021 Agenda Packet Page 23 of 292 F. Council Committee Reports

Deputy Mayor Zornes reported out on the Lodging Tax Advisory Committee.

Councilmember McNeal reported out on the Eastside Transportation Partnership Legislative Priority List – he will ask staff to send it out to all Councilmembers for comment. Councilmember McNeal also asked for consensus to serve on the PRSC Funding Board – Council granted that consensus.

2. Visitor Comment

Rob Beem, Northshore Human Services Alliance - thanked Council for the Human Services Grants funding.

3. Consent Agenda

A. AB # 20-162 – Approval of November 2020 Vouchers Recommended Action: Approve vouchers for November 2020 totaling $3,256,521.02. 3,718,165.9 B. AB # 20-163 – Approval of Contract Supplement No. 2 with Makers Architecture for Canyon Park Subarea Plan additional work Recommended Action: Approve Contract Supplement 2 with Makers Architecture for professional services in the amount of $54,420.

C. AB # 20-164 – Approval of Interlocal Agreement with Snohomish Conservation District for Joint Cooperative Services Recommended Action: Authorize the City Manager to enter into an Interlocal Agreement with Snohomish Conservation District for joint cooperative services, expiring December 31, 2025.

D. PULLED - AB # 20-165 – Approval of Third Quarter Financial Report Recommended Action: Approve the Third Quarter Financial Report as presented.

E. AB # 20-166 – Approval of Ordinance Amending the 2019-2020 Public Safety Bond Repayment Fund Budget Recommended Action: Adopt the ordinance amending the 2019-2020 Public Safety Bond Repayment Fund Budget.

F. AB # 20-167 – Approval of Modifications to the Classification and Salary Plan Policy Recommended Action: Approve the modifications to the Section 4.4 of the City’s Personnel Policies and Procedures: Classification and Salary Plan.

G. AB # 20-168 – Approval of Professional Services Agreement with Stewart MacNichols Harmell, Inc., P.S., for Indigent Defense Services Recommended Action: Authorize the City Manager to execute, in substantially the same form as presented, the Professional Services Agreement with Stewart MacNichols Harmell, Inc., P.S., for indigent defense services.

H. AB # 20-169 – Approval of CARES Act Funding Agreement with Snohomish County Recommended Action: Approve the City of Bothell Agreement with Snohomish County for funding of small business grants in the amount of $106,264.00.

January 12, 2021 Agenda Packet Page 24 of 292 I. AB # 20-170 – Approval of an extension to Interlocal Agreement for Fire Marshal services to King County Fire Protection District No. 16 (Northshore Fire Department) through January 31, 2021 Recommended Action: Authorize the City Manager to execute an Amendment No. 1 to the Interlocal Agreement for Deputy Fire Chief Services between King County Fire Protection District No. 16 and the City of Bothell in substantially the same form as presented.

J. PULLED - ADDED ITEM AB # 20-172 – Approval of Professional Services Supplement No. 1 with CWA, for On-Call Structural Plan Review Services Recommended Action: Approve Contract Supplement 1 with CWA for professional services in the amount of $695,000.00.

MOTION: Councilmember Duerr moved approval of the balance of the Consent Agenda. Councilmember Thompson second. The motion carried 7-0.

AB # 20-165 – 3rd Quarter Financial Report: Councilmember Duerr asked Finance Director Chris Bothwell to speak to the report as it was such positive news. Director Bothwell entertained Council questions.

MOTION: Councilmember Duerr moved approval of AB # 20-165 – 3rd Quarter Financial Report as presented. Councilmember McNeal second. The motion carried 7-0.

AB # 20-172 – Professional Services Agreement Supplement No.1 with CWA: Deputy Mayor Zornes pulled this item for clarifying questions. Community Development Director Michael Kattermann provided a brief overview.

MOTION: Deputy Mayor Zornes moved approval of AB # 20-172 as presented. Councilmember Duerr second. The motion carried 7-0.

Council recessed at 7:00 PM and reconvened at 7:05 PM.

4. Public Hearings

A. AB # 20-171 – Public Hearing on Canyon Park Subarea Plan, Development Regulations and Planned Action Ordinance Recommended Actions: 1. Adopt Attachment 2, an Ordinance adopting the Canyon Park Subarea Plan and related Imagine Bothell…Comprehensive Plan amendments 2. Adopt Attachment 3, an Ordinance replacing Chapter 12.48 of the Bothell Municipal Code, Canyon Park Subarea Development Regulations and amending other related sections of the Bothell Municipal Code 3. Adopt Attachment 4, the Canyon Park Planned Action Ordinance

Mayor Olsen opened the Public Hearing at 7:05.

Community Development Director Michael Kattermann introduced the project team and gave an overview on the project. Members of the project team, both internal and external, entertained Council questions.

Written Public Comment was received by the following:

Gayle Cox (Cox Printing) – wrote in opposition of the proposed plan.

January 12, 2021 Agenda Packet Page 25 of 292

Adrian Stroescu (Extended Stay America) – shares same traffic concerns with the plan as the Owners Association

James Shadley (Canyon Park Business Center Owners Association) – concerns for increased traffic congestion with sufficient mitigation, development regulations not available to the public such as the affordable housing fee. Plan is not clear and urges Council to delay approval until concerns of the Owners Association are resolved.

Kim Berg (Canyon Park Business Center Owners Association) – listed questions and concerns unanswered by the plan and urges Council to address them before approving the plan.

Karen Martinez (Canyon Park Business Center Owners Association) – concerns over traffic congestion and incompleteness of the plan and urges Council to delay approval until concerns are addressed

Eric Culton (McDonalds) – major traffic concerns and asks council to delay approval until proposed solutions can be made for the traffic impacts

Will Hargreaves (Kinesis Corp) – requested to defer final approval until more solutions and studies can be added for traffic mitigation

Allison Dutton (Engineered Equipment) – concerns of traffic congestion and double density and urges Council to address this before approving

Karen Parham – (Anchor Health Properties) – concerns of traffic and congestion and double density impacts and urges Council to address them before approving

Pat Farmer (JCP Pizza) – concerns of traffic and proposed affordable housing fee, urge Council to delay approval until Owners Association’s concerns are addressed.

Dawnelle Stetz (Carbine Creek Holdings, Canyon Park 7 & 8) – shares same traffic concerns as the Owner’s Association and urges to delay approval until concerns are addressed

Verbal Comment was received by the following:

Travis Lynn (BMS)

Liza Skorupski (SteelWave)

Robin Carmichael (Helix Biomedix)

Dave Morgan (Canyon Hills Community Church)

Molly Lawrence (Canyon Park Business Center Owners Association)

Director Kattermann stated it is important to note that is a 20-year plan.

MOTION: Councilmember Duerr moved approval to adopt Attachment 2, an Ordinance adopting the Canyon Park Subarea Plan and related Imagine Bothell…Comprehensive Plan amendments. Councilmember McAuliffe second. The motion carried 7-0.

January 12, 2021 Agenda Packet Page 26 of 292 MOTION: Councilmember Duerr moved approval to Adopt Attachment 3, an Ordinance replacing Chapter 12.48 of the Bothell Municipal Code, Canyon Park Subarea Development Regulations and amending other related sections of the Bothell Municipal Code. Councilmember McNeal second. The motion carried 7-0.

MOTION: Councilmember Duerr moved to Adopt Attachment 4, the Canyon Park Planned Action Ordinance. Councilmember Agnew second. The motion carried 7-0.

5. Ordinances & Resolutions - None at this time.

6. Contracts and Agreements - None at this time.

7. Other Items - None at this time.

8. Study Session/Update/Discussion Items - None at this time.

9. Council Conversations

Councilmember McAuliffe announced that Dr. Michelle Reid has been named Superintendent of the Year for WA.

Councilmember McNeal thanked the City for opening up the ballfields. He suggested maybe the school district could open up their fields for social distancing recreation.

Councilmember Agnew asked for and received consensus to discuss 1% for the arts on private development.

Councilmember Zornes proposed having a finance committee.

10. Executive Session/Closed Session - None at this time

11. Adjourn

Mayor Olsen adjourned the meeting at 8:50 PM.

Submitted for approval on 1/12/2021

January 12, 2021 Agenda Packet Page 27 of 292

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January 12, 2021 Agenda Packet Page 28 of 292 City Council Agenda Bill AB # 21-001

TO: Mayor Olsen and Members of the Bothell City Council

FROM: Chris Bothwell, Finance Director Maureen Schols, Deputy Finance Director (Presenter)

DATE: January 12, 2021

SUBJECT: Approval of November 2020 Payroll and Benefit Transactions

POLICY This item asks the City Council to consider approval of payroll and benefit CONSIDERATION: transactions for the period of November 1 – 30, 2020 totaling $4,097,672.84.

 Direct deposit transactions #2000136770- #2000137466 totaling $2,035,683.94

 Payroll and benefit checks #39365 - #39401, plus wire benefit payments #799 - #812 totaling $2,061,988.90

HISTORY: DATE ACTION JUNE 5, 2000 Ordinance 1810 appointed Finance Director/City Treasurer as City Auditor In accordance with state statues, vouchers approved by the City Auditor are required to be ratified by City Council and notated in the minutes.

DISCUSSION: None.

FISCAL Funding for salaries and benefits are included in the Adopted 2019-2020 Budget. IMPACTS:

ATTACHMENTS: Att-1. November 2020 Payroll and Benefit Transactions. (For Council distribution only. Check listings are available for review in the Finance Department.)

RECOMMENDED Approve payroll and benefit transactions for November 1 – 30, 2020. ACTION:

January 12, 2021 Agenda Packet Page 29 of 292

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January 12, 2021 Agenda Packet Page 30 of 292 City Council Agenda Bill AB # 21-002

TO: Mayor Olsen and Members of the Bothell City Council

FROM: Erin Leonhart, Public Works Director Peter Pearson, Public Works Department Development Review Engineer (Presenter)

DATE: January 12, 2021

SUBJECT: Approval of a Resolution Establishing a Hearing Date for Street Vacation Petition – Northwest Corner of NE 185th Street and Ross Road

POLICY This item asks the City Council to consider approval of a resolution establishing a CONSIDERATION: hearing date for a street vacation petition submitted by Harbor Homes LLC for a portion of the northwest corner of the intersection of NE 185th Street and Ross Road.

The proposed street vacation area is unimproved right-of-way, not required for future road improvements. If approved after the public hearing, no negative impact to the City or any other parties is anticipated.

HISTORY: DATE ACTION MARCH 25, 2020 Grouparchitect applied for a Site Plan Review to build an apartment building on the north side of NE 185th Street between 103rd Ave NE and Ross Road.

SEPTEMBER 28, 2020 An application was submitted and fee paid for the street vacation through the petition method by

Harbor Homes LLC.

DISCUSSION: A street vacation is the termination of the public interest in a right-of-way (opened or unopened). The petition method of vacating property requires that the abutting property owners initiate the street vacation and the petition must be signed by owners of more than two-thirds of the property abutting the street to be vacated. Vacation of city street rights-of-way is governed by chapter 35.79 of the Revised Code of Washington (RCW) and chapter 17.12 of the Bothell Municipal Code (BMC).

January 12, 2021 Agenda Packet Page 31 of 292 City Council Agenda Bill AB # 21-002

The property owner at the northwest corner of the Ross Road and NE 185th Street intersection is requesting a street vacation. A vicinity map of the subject property is shown on Attachment 1. The property line on the north side of NE 185th Street between 103rd Avenue NE and Ross Road does not follow the existing, or future, NE 185th Street roadway alignment. The property owner is asking for a street vacation so they can fully develop their property consistent with the City’s zoning regulations.

City staff have reviewed the street vacation requested and determined that there is adequate right-of-way remaining after the vacation to accommodate upcoming NE 185th Street improvements proposed by the City.

The petitioner owns the property abutting the right-of-way to be vacated and therefore the only property owner required to sign the petition. Public notice of the hearing will be provided according to BMC 17.12.080.

The application and associated documents (Attachment 2), have been reviewed and staff confirmed the area proposed is accurate. The appropriate cost for street vacation is $8,400, which is 50 percent of the appraised land value of $16,801. Compensation of 50 percent is consistent with language included in BMC 17.12.130(D).

The only action before Council at this time is to establish the Council meeting of March 2, 2021 for the public hearing associated with the requested vacation. Pursuant to BMC 17.12.060, Council, “…by resolution, shall fix a time when the petition shall be heard and determined, which time shall not be more than 60 days nor less than 20 days after the date of passage of such resolution.”

FISCAL None at this time. If the street vacation is ultimately approved by the City IMPACTS: Council, the City will receive $8,400 to be deposited in the General Fund and could be used for any lawful purpose of government.

ATTACHMENTS: Att-1. Vicinity Map Att-2. Application and Associated Documents Att-3. Resolution Setting Hearing Date

RECOMMENDED Approve the resolution establishing a hearing date and time of the March 2, 2021 ACTION: City Council meeting for the street vacation petition submitted by Harbor Homes

January 12, 2021 Agenda Packet Page 32 of 292 City Council Agenda Bill AB # 21-002 for a portion of the northwest corner of the intersection of NE 185th Street and Ross Road.

January 12, 2021 Agenda Packet Page 33 of 292

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January 12, 2021 Agenda Packet Page 34 of 292 CityAttachment of Bothell 1 - Vicinity Map Map

Address

Active Address

Assigned Address

Utility Address Parcel

Bothell

Outside Bothell Bothell City Limits 2018-Mar Ortho (Bothell) 2015-Mar Ortho (Bothell) World Topo Map (ESRI) World Street Map (ESRI)

Location of proposed street vacation.

60.0 1,439

Created: 12/23/2020 4:06 PM

9671: Feet

0 81 161

Notes:

The City of Bothell delivers this data (map) in an AS-IS condition. GIS data (maps) are produced by the City of Bothell for internal purposes. No representation or guarantee is made concerning the accuracy, currency, or January 12, 2021 Agendacompleteness Packet ofPage the information 35 of 292 provided.

(This page intentionally left blank)

January 12, 2021 Agenda Packet Page 36 of 292 Att-2

Ross Road 97 Investment Partners LLC

January 12, 2021 Agenda Packet Page 37 of 292 January 12, 2021 Agenda Packet Page 38 of 292 EXHIBIT A RIGHT-OF-WAY VACATION

D.R. STRONG CONSULTING ENGINEERS KIRKLAND WA 98033 DRS Project No. 19047 10/01/20

LEGAL DESCRIPTION OF GRANTEE’S PROPERTY

LOT 7, BLOCK 3, KEENEY ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 55 OF PLATS, PAGE 59, RECORDS OF KING COUNTY, WASHINGTON.

SITUATE IN THE CITY OF BOTHELL, COUNTY OF KING, STATE OF WASHINGTON.

LEGAL DESCRIPTION OF RIGHT-OF-WAY VACATION

BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 7, BLOCK 3, SAID POINT ALSO BEING ON THE EXISTING NORTHERLY RIGHT-OF-WAY MARGIN OF NE 185TH STREET; THENCE ALONG SAID EXISTING NORTHERLY RIGHT-OF-WAY MARGIN OF NE 185TH STREET, NORTH 88º14’13” EAST A DISTANCE OF 11.36 FEET TO A POINT OF NON-TANGENT CURVATURE; THENCE SOUTHWESTERLY LEAVING SAID EXISTING NORTHERLY RIGHT-OF- WAY MARGIN OF NE 185TH STREET ON THE ARC OF A 20.00 FOOT RADIUS NON-TANGENT CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS NORTH 37º01’58” WEST, WITH A CENTRAL ANGLE OF 35º15’59”, A DISTANCE OF 12.31 FEET TO A POINT ON THE SOUTHERLY EXTENSION OF THE WESTERLY LINE OF SAID LOT 7, BLOCK 3, FROM WHICH THE RADIUS POINT OF SAID CURVE TO THE RIGHT BEARS NORTH 01º45’59” WEST; THENCE ALONG SAID SOUTHERLY EXTENSION OF THE WESTERLY LINE OF SAID LOT 7, BLOCK 3, NORTH 01º11’33” EAST A DISTANCE OF 3.68 FEET TO THE POINT OF BEGINNING.

January 12, 2021 Agenda Packet Page 39 of 292 SAID RIGHT-OF-WAY VACATION CONTAINS 29 SQUARE FEET, MORE OR LESS.

SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.

BEING A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 26 NORTH, RANGE 5 EAST, W.M.

TAX PARCEL NUMBER 3798000165.

10/01/20

R:\2019\0\19047\2\Documents\Legals\ROW Vacation\Exhibit A_Lot 7 ROW Vacation_19047.doc

January 12, 2021 Agenda Packet Page 40 of 292 Δ

GRAPHIC SCALE 0 453015 10/01/20 1 INCH = 30 FT.

January 12, 2021 Agenda Packet Page 41 of 292 EXHIBIT A RIGHT-OF-WAY VACATION

D.R. STRONG CONSULTING ENGINEERS KIRKLAND WA 98033 DRS Project No. 19047 10/01/20

LEGAL DESCRIPTION OF GRANTEE’S PROPERTY

LOT 8, BLOCK 3, KEENEY ADDITION, ACCORDING TO THE PLAT RECORDED IN VOLUME 55 OF PLATS, PAGE 59, RECORDS OF KING COUNTY, WASHINGTON.

SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.

LEGAL DESCRIPTION OF RIGHT-OF-WAY VACATION

BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 8, BLOCK 3, SAID POINT ALSO BEING ON THE EXISTING NORTHERLY RIGHT-OF-WAY MARGIN OF NE 185TH STREET; THENCE ALONG THE SOUTHERLY EXTENSION OF THE EASTERLY LINE OF SAID LOT 8, BLOCK 3, SOUTH 01º11’33” WEST A DISTANCE OF 3.68 FEET TO A POINT OF NON-TANGENT CURVATURE; THENCE SOUTHWESTERLY ON THE ARC OF A 20.00 FOOT RADIUS NON- TANGENT CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS NORTH 01º45’59” WEST, WITH A CENTRAL ANGLE OF 02º50’13”, A DISTANCE OF 0.99 FEET TO A POINT OF TANGENCY; THENCE NORTH 88º55’46” WEST A DISTANCE OF 73.77 FEET TO THE EXISTING NORTHERLY RIGHT-OF-WAY MARGIN OF NE 185TH STREET; THENCE ALONG SAID EXISTING NORTHERLY RIGHT-OF-WAY MARGIN OF NE 185TH STREET, NORTH 88º14’13” EAST A DISTANCE OF 76.10 FEET TO THE POINT OF BEGINNING.

SAID RIGHT-OF-WAY VACATION CONTAINS 138 SQUARE FEET, MORE OR LESS.

January 12, 2021 Agenda Packet Page 42 of 292

SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.

BEING A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 26 NORTH, RANGE 5 EAST, W.M.

TAX PARCEL NUMBER 3798000170.

10/01/20

R:\2019\0\19047\2\Documents\Legals\ROW Vacation\Exhibit A_Lot 8 ROW Vacation_19047.doc

January 12, 2021 Agenda Packet Page 43 of 292 Δ

GRAPHIC SCALE 0 453015 10/01/20 1 INCH = 30 FT.

January 12, 2021 Agenda Packet Page 44 of 292 7.20.2020

Erin Leonhart Public Works Director City of Bothell 18415 101st Ave NE Bothell, WA 98011

RE: Street Vacation Application

Ms. Leonhart:

Please consider this application to purchase the following City of Bothell property: 164 square feet located along the frontage of NE 185th ST, as documented in the attached exhibits. We would like to purchase this property for $8,400, 50% of the value of the property as documented in the attached appraisal. This application has been prepared per guidance from our contacts at the City of Bothell, including Peter Pearson Development Review Engineer. We understand that the applicable municipal and state codes include BMC 17.12 and RCW 35.79. The proposed vacation will benefit the City through collection of revenue and meaningfully contributing to the public streetscape without negatively impacting future ROW improvements along NE 185th Street. The project site itself will benefit only through a minor addition of rentable building area, with no new or additional dwelling units being created. As such, we are proposing to purchase the area in question for 50% of the appraised value.

Please refer to the attached documents pertaining to the vacation area in question:

- Survey - Legal Description - Appraisal

An application fee of $1360 is included as part of the submission. Please confirm if any additional documentation is required. We hope to complete the project in a timely matter and would appreciate keeping in contact as you review this application.

Sincerely,

Tyler Churchill

Ross Road Apartments

January 12, 2021 Agenda Packet Page 45 of 292

Appraisal Report

Ross Road Street ROW | Bothell, WA as of April 15, 2020

Prepared for Prepared by Kidder Mathews Valuation Advisory Services Harbour Homes, LLC Andrew T. Robinson, MAI 601 Union Street, Suite 4720 Seattle, WA 98101 Tyler Churchill, Multi-Family Sr. Production 206.205.0200 l Fax 206.205.0220 Manager [email protected] KM Job A20-0425 kidder.com

January 12, 2021 Agenda Packet Page 46 of 292

May 1, 2020

Harbour Homes, LLC 400 N 34th Street, Suite 300 Seattle, WA 98103 Attention: Mr. Tyler Churchill, Multi-Family Sr. Production Manager

RE: Ross Road Street ROW 10504 NE 185th Street Bothell, WA 98011

Dear Mr. Churchill:

At your request, I prepared an appraisal of the above-referenced property, which is described in the attached report. As requested, I provide an opinion of the market value of the fee simple interest in the subject real estate. I inspected the subject and obtained data regarding other similar real estate in the area.

My services comply with and are subject to the Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute. This report has been prepared in conformance with the current Uniform Standards of Professional Appraisal Practice (USPAP). The intended users of the appraisal are Harbour Homes LLC, Geonerco and City of Bothell. The intended use of the appraisal is for acquisition of the street right-of-way from the City of Bothell, and may not be suitable for other uses.

As a result of my investigation and analysis, my opinion of the market value of the fee simple interest, subject to the limiting conditions and extraordinary assumptions contained herein, is:

As-Is as of April 15, 2020 ...... $16,801

Respectfully submitted,

Andrew T. Robinson, MAI State-Certified General Real Estate Appraiser #1100592 ATR/ds

January 12, 2021 Agenda Packet Page 47 of 292 601 Union Street, Suite 4720 Seattle, WA 98101 T 206.205.0200 F 206.205.0220 kidder.com Ross Road Street ROW KM Job A20-0425

Certification I certify that, to the best of my knowledge and belief:

1) The statements of fact contained in this report are true and correct. 2) The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and is my personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3) I have no present or prospective interest in the property that is the subject of this report, and no personal interest with respect to the parties involved. 4) I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. 5) My engagement in this assignment was not contingent upon developing or reporting predetermined results. 6) My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 7) The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. 8) I made a personal inspection of the property that is the subject of this report. 9) I have not provided professional appraisal or consulting services concerning the subject property within the past three years. 10) No one provided significant real property appraisal assistance to the person signing this certification. 11) The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute and the reporting requirements of the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. 12) The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 13) As of the date of this report I, Andrew T. Robinson, MAI, have completed the continuing education program for Designated Members of the Appraisal Institute.

Andrew T. Robinson, MAI State-Certified General Real Estate Appraiser #1100592

Kidder Mathews Valuation Advisory Services Page ii January 12, 2021 Agenda Packet Page 48 of 292 Ross Road Street ROW KM Job A20-0425

Limiting Conditions Limiting conditions specific to this appraisal are:

1) The appraiser has made no survey of the property and assumes no responsibility in connection with such matters. Any sketch or identified survey of the property included in this report is only for the purpose of assisting the reader to visualize the property. 2) I assume that there are no hidden or unapparent conditions of the property, subsoil, or structures (including asbestos, soil contamination, or unknown environmental factors) that render it more or less valuable. No responsibility is assumed for such conditions or for arranging the studies that may be required to discover them. 3) No responsibility is assumed for the legal description or for matters including legal or title considerations. 4) The information identified in this report as being furnished by others is believed to be reliable, but no warranty is given for its accuracy. 5) The appraiser is not required to give testimony or attendance in court by reason of this appraisal unless arrangements have previously been made. 6) The allocation of total value to land, buildings, or any fractional part or interest as shown in this report, is invalidated if used separately in conjunction with any other appraisal. 7) Valuation Advisory Services is a subsidiary of Kidder Mathews, a full service commercial real estate brokerage firm. On occasion, employees or agents of the firm have interests in the property being appraised. When present, interests have been disclosed, and the report has been made absent of any influence from these parties.

RESTRICTION UPON DISCLOSURE & USE: Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser or the firm with which he is connected, or any reference to the Appraisal Institute or to the MAI designation) shall be disseminated to the public through advertising media, public relations media, news media, sales media or any other public means of communication without the prior written consent and approval of the appraiser. No part of this report or any of the conclusions may be included in any offering statement, memorandum, prospectus, or registration without the prior written consent of the appraiser.

Kidder Mathews Valuation Advisory Services Page iii January 12, 2021 Agenda Packet Page 49 of 292 Ross Road Street ROW KM Job A20-0425

Table of Contents

Letter of Transmittal ...... i

Certification ...... ii

Limiting Conditions ...... iii

Summary of Appraisal ...... 1

Introduction ...... 9

Market Overview ...... 16

REGIONAL OVERVIEW ...... 18

NEIGHBORHOOD DESCRIPTION ...... 29

Property Description ...... 35

Highest & Best Use ...... 44

Property Valuation ...... 46

SALES COMPARISON APPROACH ...... 47

ADDENDUM Letter of Engagement Appraiser’s Experience Data

Kidder Mathews Valuation Advisory Services Page iv January 12, 2021 Agenda Packet Page 50 of 292 Ross Road Street ROW KM Job A20-0425

Summary of Appraisal

Kidder Mathews Summary of Appraisal Valuation Advisory Services Page 1 January 12, 2021 Agenda Packet Page 51 of 292 Ross Road Street ROW KM Job A20-0425

Summary of Appraisal

Identity of Property Ross Road Street ROW 10504 NE 185th Street Bothell, WA 98011

Property The subject is a portion of the NE 185th Street right-of-way (ROW), which is Description proposed to be vacated and added to a larger development site that contains 40,021 sq ft. The ROW contains 164 sq ft. In the after condition, the larger site will contain 40,185 sq ft. The property is zoned DT, Downtown Transition, which allows multifamily uses.

Highest & Best Use Multifamily development

Scope Narrative appraisal with sales comparison approach to value – the ROW in and of itself is not large enough to be independently developed. As a portion of this corridor, the appropriate technique is to value the larger development site before and after inclusion of the ROW.

Intended User/Use The intended users of the appraisal are Harbour Homes LLC, Geonerco of Appraisal and City of Bothell / The intended use of the appraisal is for acquisition of the street right-of-way from the City of Bothell

Property Rights Fee Simple Interest Appraised

Extraordinary None Assumptions

Hypothetical None Conditions

Existing Lease None Encumbrances

Approach to Value & Value Opinion

Approach to Value Value Comments Land Value Before $4,100,000 $102.45/sq ft Land Value After $4,116,801 $102.45/sq ft Value Opinion - ROW $16,801 $102.45/sq ft

Kidder Mathews Summary of Appraisal Valuation Advisory Services Page 2 January 12, 2021 Agenda Packet Page 52 of 292 Ross Road Street ROW KM Job A20-0425

Date of Report May 1, 2020

Date of Inspection April 15, 2020

Effective Date of April 15, 2020 Appraisal

Exposure Time 3 to 6 months

Marketing Time 3 to 6 months

Kidder Mathews Summary of Appraisal Valuation Advisory Services Page 3 January 12, 2021 Agenda Packet Page 53 of 292 Ross Road Street ROW KM Job A20-0425

Subject

Parcel map with aerial overlay

Kidder Mathews Summary of Appraisal Valuation Advisory Services Page 4 January 12, 2021 Agenda Packet Page 54 of 292 Ross Road Street ROW KM Job A20-0425

Subject

Proposed ROW Vacation – Lot 8

Kidder Mathews Summary of Appraisal Valuation Advisory Services Page 5 January 12, 2021 Agenda Packet Page 55 of 292 Ross Road Street ROW KM Job A20-0425

Subject

Proposed ROW Vacation – Lot 7

Kidder Mathews Summary of Appraisal Valuation Advisory Services Page 6 January 12, 2021 Agenda Packet Page 56 of 292 Ross Road Street ROW KM Job A20-0425

Subject Photographs

View of larger site looking northwest across intersection of NE 185th Street and Ross Road

Looking northeast along Ross Road from NE 185th Street with larger site to left

View of subject from intersection of 104th Avenue NE and NE 185th Street

Kidder Mathews Summary of Appraisal Valuation Advisory Services Page 7 January 12, 2021 Agenda Packet Page 57 of 292 Ross Road Street ROW KM Job A20-0425

Subject Photographs

Looking southeast on Ross Road toward NE 185th Street with larger site to the right

Corner Lot 7

Lot 8, adjacent to west of corner

Kidder Mathews Summary of Appraisal Valuation Advisory Services Page 8 January 12, 2021 Agenda Packet Page 58 of 292 Ross Road Street ROW KM Job A20-0425

Introduction

Kidder Mathews Introduction Valuation Advisory Services Page 9 January 12, 2021 Agenda Packet Page 59 of 292 Ross Road Street ROW KM Job A20-0425

Introduction

Identity of Property

ADDRESS 10504 NE 185th Street Bothell, WA 98011

ASSESSOR’S TAX The larger site is identified by King County with five parcel numbers PARCEL NUMBERS arrayed east to west in the following table. The aerial photo above shows the parcels with the current owner names identified. The ROW itself is not identified with a parcel number.

Parcel Use Address 1 379800-0165 Home 10504 Ross Road 2 379800-0170 Home 10426 NE 185th Street 3 379800-0175 Home 10418 NE 185th Street 4 379800-0180 Home 10412 NE 185th Street 5 379800-0185 Home 18504 104th Avenue NE

LEGAL DESCRIPTIONS Per the title commitments prepared by Chicago Title Insurance Company, dated March 16, 2020, the legal descriptions for the five lots are as follows:

Kidder Mathews Introduction Valuation Advisory Services Page 10 January 12, 2021 Agenda Packet Page 60 of 292 Ross Road Street ROW KM Job A20-0425

As prepared by D.R. Strong Consulting Engineers (Project # 19047, dated January 29, 2020), the legal descriptions of the ROW adjoining Lots 7 and 8 that are to be vacated are:

Kidder Mathews Introduction Valuation Advisory Services Page 11 January 12, 2021 Agenda Packet Page 61 of 292 Ross Road Street ROW KM Job A20-0425

Kidder Mathews Introduction Valuation Advisory Services Page 12 January 12, 2021 Agenda Packet Page 62 of 292 Ross Road Street ROW KM Job A20-0425

Ownership History The larger site is owned by five different property owners. It was listed for sale in early 2019 as an assemblage at $4,500,000. The total was based on individual lot prices of $800,000 for the east lot fronting Ross Road and $925,000 for the other four lots. After about four months on the market, Harbour Homes negotiated purchase and sale agreements (PSAs) with each property owner ranging from $700,000 to $925,000 for a total of $4,025,000. This purchase meets all the criterial of a market value transaction.

Seller Purchase Morgan/Boudrissa $700,000 Mangialardi $925,000 Sortomme $700,000 Turner $925,000 Johnson/Knutsen $775,000 $4,025,000

Outside of this activity, there have been no other sales regarding these lots in the last three years. The most recent sale of any of the five lots was for the Johnson property at the west end, the northeast corner of 104th and 185th, which sold for $550,000 in June 2016.

Property Rights This is an appraisal of the fee simple estate. The definition of “fee Appraised simple estate” is:

Absolute ownership unencumbered by any other interest or estate, subject only to the limitations imposed by the governmental powers of taxation, eminent domain, police power, and escheat..

Source: The Dictionary of Real Estate Appraisal, Sixth Edition. Chicago: Appraisal Institute, 2015.

Purpose of Appraisal The purpose of this appraisal is to estimate market value of the subject property. The term “Market Value” is defined as:

The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date, and the passing of title from seller to the buyer under conditions whereby:

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a. the buyer and seller are typically motivated; b. both parties are well informed or well advised, and acting in what they consider their own best interests; c. a reasonable time is allowed for exposure in the open market; d. payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and e. the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale.

Source: Code of Federal Regulations, Title 12, Part 34C, Section 34.42 [g].

Scope of Appraisal The subject is appraised based on the following scope of work.

 The subject is a 164 sq ft portion of NE 185th Street that is to be vacated and added to a larger 40,021 sq ft site. After the ROW vacation, the larger site will contain 40,185 sq ft.

 The subject was inspected April 15, 2020.

 This property type (development site) is typically purchased by a developer. I apply the sales comparison approach.

 The research of data included both general and specific data. Sources of general data that are included in the market trends and neighborhood description were obtained from various private and governmental sources.

 Specific data concerning the subject was obtained from various sources including the owner (survey, title report, phase I), City of Bothell (zoning) and King County (assessed values and real estate taxes).

 Data compiled in the analysis of the land sales was obtained from CBA (Commercial Broker Association), Costar, public records, as well as KM in-house data files.

 The sales comparison approach is based on an analysis of land value per sq ft. The area of research of comparable property sales was Pierce County. The sales data was confirmed with a party involved in the transaction and/or through public records and each was inspected.

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Intended Use & The intended users of the appraisal are Harbour Homes LLC, Geonerco Intended Users and City of Bothell. The intended use of the appraisal is for acquisition of the street right-of-way from the City of Bothell.

Extraordinary None Assumptions

Hypothetical None Conditions

Date of Report May 1, 2020

Date of Inspection April 15, 2020

Effective Date of April 15, 2020 Appraisal

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Market Overview

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Subject

Regional Map

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Regional Overview

Introduction The Puget Sound region is comprised of King, Kitsap, Pierce, Snohomish and Thurston counties. King County has the largest population and employment base with growth in technology driven by Amazon, Microsoft, Facebook and Google. King County also has the region’s largest airport, largest university and the second largest port. Snohomish County includes Boeing’s largest manufacturing facility and a Navy Homeport in Everett. Pierce County includes the region’s largest port and largest military base. Kitsap County has significant military bases. Thurston County has significant government employment driven by the State Capitol in Olympia.

Regional Overview The Puget Sound region has been one of the best performing areas in the nation. Employment growth was almost 300,000 jobs in the last five years, an average of 2.7% per year, outpacing population growth.

Regional and National Economic Indicators Forecast

Annual Change 2014 2015 2016 2017 2018 2019 2020 2021 Puget Sound Region Employment 2.8% 3.0% 3.2% 2.4% 2.4% 2.4% 2.0% 0.8% Personal Income 6.2% 4.4% 4.7% 5.5% 6.3% 5.4% 3.9% 3.9% Consumer Price Index 1.8% 1.4% 2.2% 3.0% 3.2% 2.6% 1.6% 2.1% Housing Permits 16.9% 22.5% -4.3% 7.0% -5.1% 3.0% -15.0% -2.7% Population 1.4% 1.7% 1.7% 1.5% 1.4% 1.3% 1.2% 1.2%

United States Employment 1.9% 2.1% 1.8% 1.6% 1.7% 1.6% 1.1% 1.1% Personal Income 4.4% 4.4% 2.6% 4.7% 5.6% 4.3% 3.6% 3.6% Consumer Price Index 1.6% 0.1% 1.3% 2.1% 2.4% 1.8% 2.1% 2.1% Housing Starts 7.8% 10.7% 6.1% 2.8% 3.4% 1.4% 0.3% 0.3% Source: The Puget Sound Economic Forecaster, March 2020

Growth has been driven by technology, and by Amazon in particular, which now employs over 55,000 in the region. From 2012 through early 2020, the region enjoyed a strong economy. The world, national and regional economies are now facing the unprecedented challenge of the Covid-19 pandemic. Regional Stay at Home, Stay Safe orders have closed schools and non-essential businesses. While many businesses are able to continue under a work from home system, other businesses are facing massive disruption caused by a massive decline in demand. Lodging, travel, leisure and retail sectors are seeing massive employment reduction until the economy restarts. The impacts of the pandemic are leading to much more pessimistic changes to forecasts.

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The Puget Sound Economic Forecaster is the longest running and primary source of regional data in the market. It is now produced by Western Washington University. They have provided an additional publication this quarter that includes their best estimate of the effect of current issues on that projection, include in the table below.

Notable in the forecast is the rather strong 2021 in terms of employment, which indicates the anticipation that the recession may be V-shaped, deep but quick to recover. Within the projection, the damage and duration will likely be widely different on different sectors.

Regional and National Economic Indicators Forecast

Annual % Change 2014 2015 2016 2017 2018 2019 2020 2021 Puget Sound Region Employment 2.8 3.0 3.2 2.4 2.4 2.4 2.0 0.8 Coronavirus Scenario 0.5 1.7 Personal Income 6.2 4.4 4.7 5.5 6.3 5.4 3.9 3.9 Coronavirus Scenario 1.2 4.0 Consumer Price Index 1.8 1.4 2.2 3.0 3.2 2.6 1.6 2.1 Coronavirus Scenario 0.7 2.3 Housing Permits 16.9 22.5 -4.3 7.0 -4.9 3.0 -15.0 -2.7 Coronavirus Scenario -12.2 -3.2 Population 1.4 1.7 1.7 1.5 1.4 1.3 1.2 1.0 Coronavirus Scenario 1.2 1.2 United States Employment 1.9 2.1 1.8 1.6 1.7 1.6 1.1 1.1 Coronavirus Scenario 0.2 0.4 Personal Income 4.4 4.4 2.6 4.7 5.6 4.3 3.6 3.6 Coronavirus Scenario 1.5 3.1 Consumer Price Index 1.6 0.1 1.3 2.1 2.4 1.8 2.1 2.1 Coronavirus Scenario 1.3 2.2 Housing Starts 7.8 10.7 6.1 2.8 3.4 1.4 0.3 0.3 Coronavirus Scenario 6.2 -2.2 Source: The Puget Sound Economic Forecaster, March 2020

Significant financial market turmoil is being experienced triggered by the spread and effects of the COVID-19 coronavirus. There has been increasing uncertainty in the global markets as supply chains have been negatively affected, consumer demand is in decline, and international equities and bond markets are fluctuating strongly in the face of these uncertainties.

There is a high probability of a recession; numerous experts indicate that it has already started. On April 15, 2020, the International Monetary Fund projected that the global economy would contract 3% in 2020, the worst downturn since the Great Depression. The stimulus packages passed to date are significantly smaller than the losses to date and the government is already planning additional stimulus packages.

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Value and marketing times of all types of real estate may be affected. The ultimate impact of economic events on the property markets is not yet known, and it is too early to assess whether there will be any substantive impacts on property values or marketability.

Population During the past 40 years, the population of Washington has grown by an average of approximately 20% per decade, according to the Puget Sound Regional Council (PSRC). The five counties that comprise the Central Puget Sound Region account for 59% of Washington's 2019 population of 7,546,410. The region's population growth rate has gradually slowed from a 2015/2016 peak at 1.7% to 1.4% in 2018 and 1.3% in 2019. The major change has been declining in-migration. That is tied directly to the slowing job growth and cost of living increases. Region Population Distribution

6.4%

18.2% 49.6%

19.8%

6.0%

King Kitsap Pierce Snohomish Thurston

Employment At the start of 2020, regional employment was at an all-time high. Employment had grown 20.3% from the trough of the recession, outpacing the 13.7% increase in the workforce and driving unemployment down from 9.6% to 3.5%.

Over the past ten years, Amazon has been the biggest single contributor to employment growth with over 55,000 employees in the state and about 50,000 in the Seattle CBD. Amazon continues to hire and fill office space with a total of about 11.4 million sq ft of space (owned and leased) currently occupied. The company is currently building another 2.3 million sq ft of office space, which equates to space for about 15,000 more employees. The total of just over 13 million sq ft may complete the company’s stated plans for the Seattle CBD. Amazon is expanding its presence in downtown Bellevue by way of ownership and leasing up to 2.5 million sq ft. Amazon supercharged

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the Seattle tech hub that now includes significant local expansions by Facebook, Google, Tableau, Zillow, Apple, eBay and Alibaba, both in Seattle and the Eastside.

Puget Sound Employment 12.0%

10.0%

8.0%

6.0%

4.0%

2.0%

0.0%

‐2.0%

‐4.0%

Unemployment Employment Growth

Microsoft had about 51,854 local employees as of June 2019 and their growth rate is positive, but slower than Amazon. The 500-acre Microsoft Headquarters campus is in Redmond and includes more than ten million sq ft in 80 buildings. Microsoft is overhauling and expanding its main campus in a multi-year project that broke ground in January 2019. Over a period of five to seven years, the company will construct 18 new buildings on the campus. The expansion will add about 1.3 million sq ft, room for an additional 8,000 employees.

The region’s largest employer is Boeing with about 69,800 jobs in Washington in January 2019. Most of these employees are in King, Snohomish and Pierce counties. Boeing employment was 6.3% of the region in 1997. This has declined to 2.9%. There is less hope of future growth as Boeing continues to diversify in other states like South Carolina. Boeing is now facing significant hurdles. In 2019, the 737 MAX was grounded until problems with its flight control system could be solved and the plane re-certified. Now with the Covid-19 pandemic, demand is falling precipitously. Airlines are in a survival mode and are preparing for a lower demand future. Airplane orders are declining, airplane production is slowing, and employment is likely to decline.

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Regional Housing The housing market has shown varying levels of recovery, based on Market location and price point. Sales started to recover in 2012 with a 20% increase in King and Snohomish Counties. Pierce County remained soft, increasing only 3.5%, reflecting a lack of job growth. Values also first started to recover in 2012. These trends continued through most of 2018, faltering in the last quarter and then regaining some momentum in the last half of 2019. Other counties continue to benefit from high prices in King County and the stronger job growth rates seen there over the past year. This is also an effect of those outlying areas’ economic recoveries peaking later than King County.

Until July 2018, Standard & Poor's Case-Shiller Index had improved in each month since January 2015. From July 2018 through January 2019 the price index declined each month ending 6.3% below the June 2018 peak. Some ground was gained between February and July 2019 and then falling in August through October (the most recent month reported). Even with these bumps and dips, the October 2019 prices were up 2.5% year over year, and have recovered back to the post- recession high in June 2018. This compares with the Case-Shiller 20- City Composite which is up 2.2% over the past year. The index does not address longer times on the market, but it is not necessarily a bad thing that the market has moved to more stable dynamics. The super- hot market was discouraging some from moving to the area. Inventory of houses for sale is still low, especially in close-in neighborhoods around Seattle and Bellevue CBDs.

Case‐Shiller Home Price Index 280 260 240 220 200 180 160 140 120 2011 2012 2014 2016 2017 2010 2019 2015 2011 2016 2009 2010 2014 2012 2012 2013 2015 2019 2017 2017 2018 2013 2014 2018 2019 ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ Jul Jul Jan Jan Jun Jun Oct Oct Apr Apr Sep Feb Sep Feb Dec Dec Dec Aug Aug Nov Nov Mar Mar May May

Seattle National

Housing-permit activity increased by 22.5% in 2015, and then dropped by 4.3% in 2016. Activity picked back up in 2017, increasing by 7.0%,

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but dropped again by -5.1% in 2018 and was basically flat in 2019. A dramatic decrease of -17.2% is expected in 2020, coinciding with forecasts of a recession in the next 18 months. That may even be optimistic considering the initial effect of the pandemic. Overall in this cycle, single-family developers have been disciplined in the number of houses in the pipeline. Also slowing starts are the forecasts of decreasing job growth and fluctuating interest rates.

Commercial Real With strong employment growth, the region has been a top national Estate Markets investment market. Class A core apartments, office, industrial and retail properties are all high on the institutional buyers' list. Demand continues although pricing has become more cautious. Vacancy rates in the region are as follows:

Vacancy Rates - Q1 2020 Segment Region King Kitsap Pierce Snohomish Thurston Office 5.1% 5.3% 4.9% 5.2% 5.0% 2.6% Industrial 4.3% 4.0% 1.7% 6.1% 2.5% 2.9% Apartment 5.5% 5.8% 5.5% 4.7% 5.5% 3.9% Retail 2.5% 2.5% 3.1% 2.5% 2.5% 2.6% Source: CoStar Most of these rates are up slightly from the 4th quarter 2019, as the markets are stabilizing. We expect 2nd quarter 2020 vacancy to increase with the Covid-19 impact, Apartment Market Vacancy 9.0%

8.0%

7.0%

6.0%

5.0%

4.0%

3.0%

2.0% 2007 2008 2008 2009 2009 2010 2010 2011 2011 2012 2012 2013 2013 2014 2014 2015 2015 2016 2016 2017 2017 2018 2018 2019 2019 2020 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Puget King Kitsap Pierce Snohomish Thurston

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Apartment rent growth moderated over the past year. Buyers remain active with values continuing to increase as cap rates remain very low, tied to low interest rates and low perceived risk. This will be tested as new construction deliveries peak in 2020/2021. The region has seen a 27% increase in inventory in the last ten years. While all counties have seen apartment development, King County saw a 36% increase in supply in the last ten years and captured 78% of the region’s new supply. King County now has 63% of the inventory. Apartment development has followed job growth and most of this has been in the Seattle and Bellevue CBDs. Significant apartment development has been drawn to Sound Transit light rail lines. Apartment Inventory

King Kitsap Pierce Snohomish Thurston

The office market has seen most demand in and around the Seattle and Bellevue CBDs. Amazon is continuing to build for itself and remains a top regional lessee, now expanding into Bellevue. Developers are also building for Facebook, Google and Tableau, with recent and pending projects in Seattle, Bellevue and Kirkland.

All counties see a stabilized vacancy rate for office. Thurston County, which is driven by State government, has the lowest vacancy rate but limited new development. King County has 76% of the region’s office market and 91% of the new supply added over the last ten years.

Major new office development has been driven by Amazon, which has built space for itself, preleased buildings under construction and leased many more buildings where development started on spec or which were vacated by other tenants. Microsoft owns more space but still has a presence in the leased space market. Facebook and Tableau lease space. Google was leasing most of its space but in 2019 it purchased Kirkland Urban for expansion.

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Office Market Vacancy 14.0%

12.0%

10.0%

8.0%

6.0%

4.0%

Puget King Kitsap Pierce Snohomish Thurston

Office Inventory

King Kitsap Pierce Snohomish Thurston

Industrial demand has been strong, leading to significant development, particularly between Seattle and Olympia close to the Port of Tacoma. Industrial inventory has grown 12% in the last ten years. Industrial demand has been driven third party logistics and e-commerce. King County has the largest base with 57% of inventory but grew by only 5% in the last ten years (due in large part to a lack of available industrial land). Pierce County supply increased 30% and captured 54% of new development. Thurston County supply increased 34% and 11% of new development.

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Industrial Market Vacancy 14.0%

12.0%

10.0%

8.0%

6.0%

4.0%

2.0%

0.0% 2007 2008 2008 2009 2009 2010 2010 2011 2011 2012 2012 2013 2013 2014 2014 2015 2015 2016 2016 2017 2017 2018 2018 2019 2019 2020 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1

Puget King Kitsap Pierce Snohomish Thurston

Industrial leasing remains strong but has felt some of the effects of the trade war and portents of slowing economic growth. Rent growth was extremely strong over the last ten years; but has moderated recently. Additional slowing is anticipated through 2020, with lower demand foreshadowed by global container pricing dropping more than 50% since the end of 2019. Industrial Inventory

King Kitsap Pierce Snohomish Thurston

While retail has the lowest vacancy rates among the four sectors, it has not seen the same type of demand for new development nor the same type of rent growth. Retail inventory has grown by just 5% in the last ten years. Retail has tended to consolidate and evolve. Facing stiff

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economic pressure, retailers are being more efficient with their physical stores. Retail sales are being captured by e-commerce, leading to less demand for store inventory. The depth of demand varies greatly by trade area. Retail Market Vacancy 9.0%

8.0%

7.0%

6.0%

5.0%

4.0%

3.0%

2.0%

1.0% 2007 2008 2008 2009 2009 2010 2010 2011 2011 2012 2012 2013 2013 2014 2014 2015 2015 2016 2016 2017 2017 2018 2018 2019 2019 2020 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1 Q3 Q1

Puget King Kitsap Pierce Snohomish Thurston

Retail Inventory

King Kitsap Pierce Snohomish Thurston

The lodging market saw strong growth over the last ten years, reflecting the tourist draw and strong conference business in the region. Developers met demand with new supply and in 2019 occupancy rates began to decline in areas with rapid hotel development. The Covid-19 pandemic is a devastating impact on the lodging industry. By mid-April,

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25 of the 44 hotels in Downtown Seattle suspended operation. Those that remained open were reporting very low rates of occupancy and operating with skeleton crews. Suburban markets saw fewer closures, but revenue fell sharply there as well. The drop in performance was mirrored by declines in room occupancy and room revenue. In 2019, the market occupancy rates were 71% to 85%. Among four markets studied subsequent to the outbreak, hotel revenue was projected to decline by 40% to 50% from pre-virus levels. Our projections for 2020 range from 38% to 42%. Once the virus recedes and a vaccine becomes widely available, we expect that lodging demand will recover quickly. Business travel will lead the way, followed by tourism and group events. Most markets should fully recover by 2023.

Long term, each sector’s expansion is limited by available land. Geographic barriers to entry are a major reason investors rank the region highly.

Area Market The long-term outlook for the region continues to be better than most Summary markets nationwide. The region enjoyed a strong economic cycle into early 2020 until the Covid-19 pandemic. The region has diversified away from its over-reliance on Boeing and has a strong employment base whose growth has been driven by technology. The Covid-19 pandemic will challenge all economies. The retail and lodging sectors are particularly vulnerable to the Covid-19 impacts. Going forward, the region’s job growth is expected to continue to outperform most of the nation, based on the diversified core of the economy anchored by Microsoft, Amazon and Boeing. Even though Boeing employment is static, that is more than covered by the growth of Amazon and other tech companies. The impact of Amazon’s expansions in other cities nationwide may moderate growth somewhat.

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Neighborhood Description

Introduction The subject is in the City of Bothell, in the north part of King County with portions of the city also in Snohomish County. This is a growing community that is predominantly residential and has good regional and local access. Bothell is flanked by Kenmore to the west, Mill Creek to the north, Kirkland to the south and Woodinville to the east. These cities are bedroom communities for a variety of employment centers.

Subject

UW Bothell

Access The Bothell CBD is connected to other areas by way of SR 522 and SR 527, which intersect at the south end of the CBD. SR-522 connects I-405 to the east and with I-5 to the west via Lake City Way and Ballinger Way NE (SR-104). SR 527 connects with I-405 to the north. Beardslee Boulevard connects the CBD with the UW Bothell campus and then further northeast to an interchange with I-405.

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Immediate Vicinity The subject is at the northeast corner of the commercial core of downtown Bothell. This area is a part of the City of Bothell's revitalization plan - Bothell Landing. The revitalization plan was created to incorporate better transit and connectivity to the city and to reestablish the city’s roots as a riverfront community. Commercial service and retail related uses front Main Street, SR-522 and SR-527. Main Street is the main east/west street through the historical district of downtown Bothell that consists of approximately seven blocks. The downtown area extends from the historical district from the east from Bothell Way NE to about 96th Avenue NE. The neighborhood provides an attractive location for apartment or condominiums over ground floor retail with walkable access to retail, commercial services and recreation.

Subject

The City of Bothell revitalization plan launched in 2006. The goal of the project is to capitalize on the historic charm of the City's 100-year Main Street and roots as a river front community. The City has sold nearly one million sq ft of land for development and has planned over $150 million in public investments. Ultimately, the project and public investments will create a pedestrian-friendly downtown area. Portions of the area are now referred to as Bothell Landing. Retail, entertainment, and restaurant development are targeted land uses to locate around historic Main Street and its intersection with SR-527. This area is referred to as The

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Boulevard. It includes several blocks north of Main Street along SR-527. New development along Main Street and The Boulevard will require ground floor retail and office or residential above.

The recently completed $7.5 million Main Street Enhancement project greatly improved the streetscape of downtown Bothell. The streetscape is streamlined and curbless to increase storefront visibility and improve pedestrian mobility. New outdoor dining areas, removable billboards, and irrigated landscaping enhance the pedestrian-friendly design.

The revitalization plan also involves the Crossroads Project Phase III, a realignment of SR-522 to eliminate heavy traffic congestion at the intersection of the three major arterial roadways; SR-522, SR-527, and Main Street. This project moved SR-522 from Hall Road to 102nd Avenue NE, one block south of its previous location.

Commercial service and retail related uses front Main Street, SR-522 and SR-527. Main Street is the primary east/west street through the historical district of downtown Bothell that consists of approximately seven blocks. The downtown area extends from the historical district from the east to about 96th Avenue NE to the west. This area of Bothell is improved with older and underdeveloped sites that are now considered redevelopment plays. According to the City of Bothell, in the next 20 years proposed downtown public projects using existing resources and grants are projected to catalyze $650 million in private mixed-use investment, 1,600 new permanent jobs, more than 2,000 residential units and commercial space for new business in Bothell’s downtown 200-acre area.

The downtown area has been very busy over the past ten years. The core of this downtown revitalization program was the City’s acquisition of an 18- acre school district site in 2010. The City then dedicated a portion of this site to expansion of SR-527. Other parts were sold to developers of The Boulevard mixed-use project and the McMenamins hotel and brewery, which incorporated some of the older school buildings. Civic projects in this plan included the new City Hall, completed in 2016. This $46 million project includes a new three-story city center with free underground parking. Of specific importance to the subject was the recent infrastructure work on Main Street.

The majority of private development activity has been in apartment based mixed-use projects. This includes several sizable mixed-use projects have been completed in the past seven years:

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 Boulevard Place, 2019 with 291 senior living units  The Merc Apartments, 2018 with 122 units  The Junction, 2018 with 130 units  Edition Apartments, 2018 with 135 units  Emerald Crest, 2017 with 53 units  Six Oaks, 2014 mixed-use development that contains 203 residential units with ground level retail and office space.  The 104, 2013 with 115 units

Planned projects include The Signature, a 39-unit project on Main Street and a 79-unit project at the intersection of 98th Avenue NE and NE 183rd Street.

Demographics The demographics are outlined in the following table.

Demographic Summary

Radius From Subject King 1 Mile 3 Mile 5 Mile Bothell County

Population 2019 Total Population 13,188 107,584 250,455 48,420 2,236,075 2024 Total Population 14,906 116,841 250,455 116,841 2,409,428 Annual Growth (2019-2024) 2.48% 1.66% 1.66% 1.83% 1.50% Median Age 39.5 39.5 39.5 39.2 38.4

Households/Housing Number of Households 5,445 41,979 97,279 97,279 979,764 Average Household Size 2.36 2.54 2.56 2.56 2.42 Number of Housing Units 5,903 44,102 101,455 101,455 971,856 % Owner Occupied 54.80 65.20 66.30 66.60 52.90 % Tenant Occupied 37.90 28.30 28.00 29.30 40.70 % Vacant 7.30 6.40 5.70 4.10 6.40 Median Housing Value $581,849 $536,858 $538,120 $515,113 $568,482

Income/Employment Per Capita Income $48,282 $51,353 $52,919 $51,154 $52,952 Median Household Income $89,081 $106,507 $107,143 $104,652 $95,063

Source: STDB April 2020

The best description for the subject is the one-mile ring. The immediate neighborhood has a higher projected population growth because of the higher density promoted by the Bothell Downtown subarea plan. This same area has a higher percentage of apartments, which leads to lower

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owner occupancy. The immediate area has lower incomes relative to King County, but higher median housing value.

Market Analysis The zoning promotes multifamily and the neighborhood is transitioning from single family and low density commercial to higher density multifamily.

Apartment Market – Bothell, 1 Mile Ring

The micromarket is the one-mile radius. Within this area, there are 2,627 units in 55 buildings. The current vacancy rate is 10.2% vacancy. The five-year average vacancy is 7.7%, with a minimum of 4.0% and a maximum of 12.5%. This sector is soft due to the amount of new product developed in the last five years. 64% of the inventory has been developed since 2000 and this newer inventory, with three new buildings still in lease- up, have a current vacancy rate of 13.4% and a five-year average vacancy of 3.4%. This indicates that apart from the absorption period, this newer

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product has a better than average occupancy. The following chart shows how vacancy increases with the development of new projects, which are then absorbed.

Apartment Market – Bothell, 1 Mile Ring

The new and better-quality apartment development has also pushed market rents upward. The average asking rent for all apartments in the one-mile ring is $2,042 per month or $2.62/sq ft. The average asking rent for the post 2000 construction product is $2,299 or $2.96/sq ft. Over the last year, effective market rent grew 5.4% for all product and 6.2% for newer product.

Summary The subject’s Bothell location is good, with proximity to the walkable downtown to the southwest and the UW Bothell campus to the east. The projected population growth is above average due to housing the growth.

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Property Description

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Property Description

Site Description The subject is a portion of the NE 185th Street right-of-way (ROW), which is proposed to be vacated and added to a larger development site that contains 40,021 sq ft. The ROW contains 164 sq ft.

ADDRESS 10504 NE 185th Street Bothell, WA 98011

SITE DIMENSIONS & Before the addition of the vacated ROW, the site contains 40,021 sq ft or LAND AREA 0.92 acres per the survey prepared by D.R. Strong Consulting Engineers. This is slightly larger than the 39,830 sq ft indicated by King County. The site has 320’ of frontage on the north side of NE 185th Street, 92’ of frontage on 104th Avenue NE and 139’ of frontage on Ross Road. With the addition of the ROW, the site area is 40,185 sq ft or 0.92 acres.

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STREETS, ACCESS The larger site’s primary street frontage is on the north side of NE 185th & EXPOSURE Street, between 104th Avenue NE on the west and Ross Road on the east. All three of these streets are one lane in each direction. The intersections are controlled by stop signs. NE 185th Street links with Bothell Way (SR 527) to the west and Beardslee Boulevard to the east.

The existing street grid was built for residential use and is sufficient for that.

TOPOGRAPHY & The site has a gentle upward slope from the street frontage to the north SOIL CONDITIONS with an elevation gain of five to ten feet across the depth of the site. The proposed redevelopment with apartments will require a slight cut into the slope as the ground floor will be at street grade.

FLOOD ZONE The site is in Flood Insurance Rate Map No. 53033C0064G, dated November 8, 1999, in Zone X, an area of minimal flood risk.

EARTHQUAKE The International Building Code (IBC) is the adopted building code in ZONE Washington State. The IBC uses a parameter called the Seismic Design Category rather than seismic zones used in previous building codes. The Seismic Design Category is a function of three parameters: ground motion, soil type, and building occupancy. The typical Seismic Design Category in the Puget Sound is category “D” or greater, but because these parameters interact, this category can vary. The higher the category (A is lowest, F is highest), the more stringent the structural requirements. As the appraiser does not possess the expertise in seismic, structural & geotechnical engineering, further analysis is required to determine the subject’s degree of risk.

UTILITIES All public utilities available to the larger site.

ZONING The site is zoned DT, Downtown Transition by the City of Bothell. The City has a series of Downtown Subareas that range from Downtown Core (DC – six stories 76’) as the most intense to Downtown Neighborhood (DN – five stories 65’) in the middle to Downtown Transition (DT – three floors 35’) as the least intense in terms of height and housing density. As its name implies, DT is the transition from the DN zone to single family residential zones around the downtown area. Just north of the subject is the R-9,600 zone, with lot sizes of 9,600 sq ft. The existing homes are legally conforming uses. The prospective purchaser is planning a three story apartment building with 97 units and 97 parking stalls. The proposed project appears to be legally conforming.

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Zoning Map

Subject

ZONING Development standards are follows: Maximum Site Perimeter 1,500 ft Minimum Building Height 2 stories and 20 ft Maximum Building Height: 3 stories and 35 ft Setbacks Front Yard: 10 ft Rear and Side Yard: 0 ft Landscaping 8-10’ buffers along perimeter and 10% of parking areas for parking areas over 20,000 sq ft. Parking Min and Max Retail 2.5 to 4.0 stalls per 1,000 sq ft Office 2.0 to 3.3 stalls per 1,000 sq ft Apartment 0.75 to 1.0 stalls per bedroom

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EASEMENTS, Title commitments for each lot were prepared by Chicago Title Insurance ENCROACHMENTS Company, dated March 16, 2020. There do not appear to be any & RESTRICTIONS easements or restrictions that limit the utility of the larger site.

ASSESSOR’S The assessed value and real estate taxes for 2018 through 2020 are as INFORMATION follows.

Real Estate Tax Analysis Levy Area: 0859 Assessed Values Taxes & Fees Parcel No. Total Land Building Taxes SWM Weed Cons Total 379800-0165 $557,000 $231,000 $326,000 $6,210.09 $190.83 $5.39 $11.63 $6,417.94 379800-0170 $458,000 $245,000 $213,000 $5,106.32 $190.83 $5.39 $11.63 $5,314.17 379800-0175 $537,000 $245,000 $292,000 $5,987.11 $190.83 $5.39 $11.63 $6,194.96 379800-0180 $531,000 $245,000 $286,000 $5,920.21 $190.83 $5.39 $11.63 $6,128.06 379800-0185 $490,000 $245,000 $245,000 $5,463.10 $190.83 $5.39 $11.63 $5,670.95 2020 Total $2,573,000 $1,211,000 $1,362,000 $28,686.83 $954.15 $26.95 $58.15 $29,726.08 Levy Rate: $11.149176

Assessed Values Taxes & Fees Parcel No. Total Land Building Taxes SWM Weed Cons Total 379800-0165 $537,000 $225,000 $312,000 $5,672.66 $185.28 $5.39 $9.45 $5,872.78 379800-0170 $442,000 $239,000 $203,000 $4,669.11 $185.28 $5.39 $9.45 $4,869.23 379800-0175 $518,000 $239,000 $279,000 $5,471.95 $185.28 $5.39 $9.45 $5,672.07 379800-0180 $512,000 $239,000 $273,000 $5,408.57 $185.28 $5.39 $9.45 $5,608.69 379800-0185 $472,000 $239,000 $233,000 $4,986.02 $185.28 $5.39 $9.45 $5,186.14 2019 Total $2,481,000 $1,181,000 $1,300,000 $26,208.31 $926.40 $26.95 $47.25 $27,208.91 Levy Rate: $10.563607

Assessed Values Taxes & Fees Parcel No. Total Land Building Taxes SWM Weed Cons Total 379800-0165 $460,000 $193,000 $267,000 $5,060.87 $179.88 $3.21 $9.45 $5,253.41 379800-0170 $379,000 $205,000 $174,000 $4,169.72 $179.88 $3.21 $9.45 $4,362.26 379800-0175 $444,000 $205,000 $239,000 $4,884.84 $179.88 $3.21 $9.45 $5,077.38 379800-0180 $439,000 $205,000 $234,000 $4,829.83 $179.88 $3.21 $9.45 $5,022.37 379800-0185 $405,000 $205,000 $200,000 $4,455.76 $179.88 $3.21 $9.45 $4,648.30 2018 Total $2,127,000 $1,013,000 $1,114,000 $23,401.02 $899.40 $16.05 $47.25 $24,363.72 Levy Rate: $11.001890

The tax liability includes the real estate taxes and other fees. The 2020 tax rate is $11.149176 per $1,000 of assessed value. The 2020 assessed value is 63% of market, which is likely due to lack of DT zone sales.

LIDS I am not aware of any local improvement districts (LIDs) or other assessments encumbering the subject.

RECOGNIZED A Phase I environmental survey was not available. Consequently, I ENVIRONMENTAL assume there are no impacts from Recognized Environmental Conditions CONDITIONS (RECs) to the site. The lots that make up the site have been developed

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with homes for over six decades and there are no obvious generators of RECs. The Washington State Department of Ecology indicates that the closest cleanup site to the subject is the Bothell 185 apartments two blocks west at 10201 NE 185th Street. This site is identified as Cleanup Site 14411 and a leaking underground storage tank (LUST) was reported in July 2017 and remediated with a No Further Action (NFA) determination in December 2017.

SITE The lots are improved with homes of average to good quality and IMPROVEMENTS condition.

Address Sq Ft Bed Bath Year 10504 Ross 1,760 3 2.00 1962 10426 185th 1,390 3 2.50 1956 10418 185th 1,820 3 2.25 1962 10412 185th 2,510 4 1.50 1960 18504 104th 2,060 4 1.75 1959 Total 9,540

10504 Ross Road 10426 NE 185th Street

10418 NE 185th Street 10412 NE 185th Street

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18504 104th Avenue NE

Conclusion As an assemblage of five lots, the site has good frontage to depth and is within walking distance to retail services in Bothell’s CBD to the west as well as the UW Bothell campus to the east. Although the five homes are functional as single family residences, land value for the larger site exceeds the value as homes and the site is a candidate for redevelopment with apartments, as planned by the prospective purchaser.

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Highest & Best Use

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Highest & Best Use

“Highest & Best Use” is defined by the Appraisal Institute as: The reasonably probable use of property that results in the highest value. The four criteria that the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity. Source: The Dictionary of Real Estate Appraisal, Sixth Edition. Chicago: Appraisal Institute, 2015.

The four criteria the highest and best use must meet are legal permissibility, physical possibility, financial feasibility, and maximum productivity.

As If Vacant

LEGALLY The legal factors influencing the highest and best use of the subject PERMISSIBLE property involve local land use guidelines, including comprehensive plans, zoning, and building codes. The subject’s zoning allows for commercial uses like office and retail but it promotes multifamily. It does not require ground floor commercial in mixed use buildings. The zoning limits the scale of development through height restrictions, setbacks and parking requirements. The height restrictions allow for three stories or 35’ height, with building scale also limited by setback and parking requirements. The development guidelines allow for any logical development scale.

PHYSICALLY The larger site is at street grade with a gentle slope up to the north. It has POSSIBLE a high frontage to depth ratio. Due to the shape, apartments or townhomes are most logical.

FINANCIALLY Financial feasibility is tied to what level of density development can be FEASIBLE accommodated here. The zoning promotes multifamily. Based on market activity for the subject site and numerous other comparable sites in the neighborhood, multifamily development appears to be feasible.

MAXIMALLY Multifamily development, consistent with that planned by the owner, is the PRODUCTIVE – highest and best use of the site. CONCLUSION As Improved Land value now exceeds the value as improved as single-family homes. The highest and best use as improved is redevelopment consistent with the highest and best use as if vacant.

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Property Valuation

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Sales Comparison Photos

Land Sale 1

Land Sale 2

Land Sale 3

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Sales Comparison Photos

Land Sale 4

Land Sale 5

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Sale 4 Subject Sale 3

Sale 1

Sale 2

UW Bothell

Sale 5

Land Sale Comparison Map

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LAND SALE COMPARISONS Sale Units/Ac No. Property Buyer/Seller/Source Zone Sq Ft Date Sale Price $/Sq Ft $/Unit Comments

1. Edition Apartments SiteBothell 185 LLC DN 43,213 Jul-16 $4,250,000 $98Half-block 135 site with alley access, 1 block 18420 102nd Avenue NE Golden Echelon Investment LLC 136 west of the subject. 135-unit Edition apartments developed. Bothell Dick Paylor, NAI, 425-586-5624 $31,481 APN: 096700-0370, -0385, -0390, -0395 Mid-block parcels, 4 of 5 assembled at 2. Apartment Site Fortune Gate LLC DN 28,800 Jun-17 $2,980,000 $103NWC 90 NE 183rd St. and 102nd Ave. NE. Buyer plans apartment project. Sales 10222 NE 183rd Street Quarry Investments et al (4 sellers) 136 closed between Feb and Oct 2017. Bothell Peter Hiatt, Westlake, 206-505-9408 $33,111 APN: 096700-0405, -0410, -0415, -0420 1 block west at NEC of 185th and 103rd Ave. Seller acquired in Jan-2017 for 3. Echelon 185 Site 103rd Project LLC DT 15,560 Jul-18 $2,649,800 $170$1.0M. 13 Planned for 13 townhomes. 10304 NE 185th Street Echelon 185 Apartments LLP Entitlements: -$500,000 36 Bothell Joyce Liu, seller, 206-383-3135 $2,149,800 $138 $203,831 Across street from subject at NWC of APN: 956780-0030 185th & 104th. 11 townhomes. Listed at $2.42M. Seller acquired in Jul-2017 for 4. Townhome Site 18507 104TH Ave NE LLC DT 13,676 Dec-19 $1,750,000 $128$1.15M. 11 18507-18513 104th Ave NE MSPT XVII LLC Entitlements: -$200,000 35 Seller acquired in 2017 for $79/sq ft. Site Bothell Dave Watkins, WRE, 206-972-5486 $1,550,000 $113 $159,091 is split by alley. 7,200 sq ft north parcel APN: 956780-0010, -0005 zoned DC. 5,388 sq ft south parcel zoned DN. 5. Apartment Site Active Listing DC/DN 12,633 List $1,450,000 $115 39 Assemblage of 5 contiguous lots under 134 10137 Main Street MSPT VI, LLC contract at $4,025,000 per PSAs Bothell Tyler Jones, Liebsohn, 425-586-4647 $37,179 negotiated in Q2 2019. Listed at APN: 096700-0036, -0040 $4,500,000. 4 months on market.

Subject DT 40,021 Apr-20 $4,002,000 $100 97 106 $4,202,000 $105

Reconciled Before: 40,021 $4,100,000 $102 $42,268 Right of Way: 164 $16,801 $102 Reconciled After: 40,185 $4,116,801 $102

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Sales Comparison Approach

Introduction The sales comparison approach is based on the premise that the market value of a property is directly related to the prices of comparable, competitive properties. This approach suggests that the value of a property in the market is set by the availability of substitute properties of similar utility and desirability. The sale comparison approach is particularly applicable when there are sufficient data on recent market transactions to indicate value patterns.

Comparable Data I searched the subject’s neighborhood for comparable properties, looking for similar zoning. The most common unit of measure in valuing property such as this is the price per sq ft of usable site area. A secondary indicator is the $/unit planned for development.

LAND SALE 1 The Edition apartment site is on the south side of NE 185th Street between 102nd and 103rd Avenues NE. It is an assemblage of four parcels that were combined into one parcel after the sale closed. The east portion of the site at the southwest corner of 185th and 103rd was listed at $800,000 for 14,400 sq ft. When the developer became interested in a larger site, they included the other parcels extending to the west to create the 42,313 sq ft half block development site with an alley on the south side. The site is zoned DN, which allows six stories and does not require ground floor commercial. The sale closed in July 2016 for $98/sq ft. The site was reduced to 41,004 sq ft with the dedication of some street right-of-way to the City and it was developed with a six-story apartment building with 135 units. The buyer secured all entitlements.

LAND SALE 2 Sale 2 is an apartment site is on the north side of NE 183rd Street extending west from 103rd Avenue NE. The site is across an alley to the south from the new 135-unit Edition Apartments. It is an assemblage of four parcels that were acquired from different sellers in purchases that closed in February, June and October 2017. The sales were $730,000 to $750,000 for a total of $2,980,000 or $103/sq ft. The site is zoned DN, which allows six stories and does not require ground floor commercial. It should allow for a similar density as the Edition apartments, which would be about 90 units or 136 units per acre.

LAND SALE 3 The Echelon 185 apartment site is at the northeast corner of NE 185th and 103rd Avenue NE. The site has additional access via an alley on the north side. It is zoned DT, which allows three stories and does not

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require ground floor commercial. The 14,388 sq ft site was acquired by Echelon 185 LLP for $1,000,000 in January 2017. They subsequently purchased 1,172 sq ft of unused right-of-way on NE 185th Street, secured entitlements for a 13-unit townhome project and resold the entitled property in July 2018 for $2,649,800 or $170/sq ft. The broker described the entitlement as 90% complete and the buyer was willing to take on the time and expense to finish it. The expectation was that the balance of work could be completed and the project would get underway soon. However, as of this writing the project has not started and the developer inadvertently let some of the existing permits lapse. Relative to Sale 5, which is nearly a matched pair property in terms of size, zoning and location, it may be that this buyer over-paid to some degree, perhaps over-estimating the value of the entitlement.

LAND SALE 4 Sale 4 is a townhome site at the northwest corner of NE 185th and 104th Avenue NE. The site has additional access via an alley on the north side. It is zoned DT, which allows three stories and does not require ground floor commercial. The 14,388 sq ft site was acquired by Main Street Properties for $1,150,000 in July 2017. They subsequently secured entitlements for an 11-unit townhome project and listed the property for $2,420,000. After about six months on the market, the entitled property sold in December 2019 for $1,750,000 or $128/sq ft. Construction on the project commenced in March 2020.

LAND SALE 5 Sale 5 is an apartment site at the southwest corner of Main Street and 102nd Avenue NE. The site is comprised of two parcels on the north and south sides of an alley. 102nd Avenue NE crosses SR 522 just south of the south parcel and the Bothell Park N Ride lot is one block southeast. The new Merc Apartments are across the street to the east. The site is zoned DN, which allows six stories and does not require ground floor commercial. The site was acquired by Main Street Properties in August 2017 for $995,000 or $79/sq ft. Main Street is planning a project for 39 apartments, which is 134 units per acre. The site is listed for $1,450,000 or $115/sq ft.

SUBJECT SALE The larger site is owned by five different property owners. It was listed for sale in early 2019 as an assemblage at $4,500,000. The total was based on individual lot prices of $800,000 for the east lot fronting Ross Road and $925,000 for the other four lots. After about four months on the market, Harbour Homes negotiated purchase and sale agreements (PSAs) with each property owner ranging from $700,000 to $925,000 for a total of $4,025,000 or $101/sq ft. This purchase meets all the criterial of a market value transaction.

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Seller Purchase Morgan/Boudrissa $700,000 Mangialardi $925,000 Sortomme $700,000 Turner $925,000 Johnson/Knutsen $775,000 $4,025,000

Comparative The sale comparisons indicate a wide range of value indicators from $98 Analysis to $138/sq ft, which excludes the entitlement values for Sales 3 and 4. The high end of the range is Sale 3, which may include some level of atypical motivation as it is significantly higher than the matched pair Sale 4. The comparisons are all in the same neighborhood. The range is indicative of differences in terms of sale timing, size and zoning. There are some differences in size and shape and some properties have additional access via alleys.

ADJUSTMENTS TO When applying the Sale Comparison Approach, data is considered to COMPARABLE DATA establish the prices, real property rights conveyed, transaction dates, financing terms, motivations, locations, physical and functional conditions, and income-producing characteristics of the properties under consideration.

Units of comparison, components into which properties may be divided for purposes of comparison, can be derived from the data. Generally, both physical units of comparison and economic units of comparison are considered.

In a physical comparison, adjustments are necessary to the comparables to reflect advantages and disadvantages to the subject property. In an economic comparison, each is also considered for similarities and differences between the subject and the comparables to determine the cause of the variation in order to select a proper economic unit appropriate for the subject.

ADJUSTMENTS There is a motivation adjustment for Sale 5 to account for typical listing optimism. I do not make a motivation adjustment for Sale 3, although that is the likely explanation between the pricing for Sale 3 versus Sale 4. The sales are adjusted at an annual rate of 3.0%. Location adjustments

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consider surrounding land uses, access and exposure. This is a downward adjustment for Sale 5, which is in a more commercial area and closer to public transportation. Downward adjustments are made for size to the two smaller comparisons. An upward adjustment is made to Sale 5, to account for less functional due to the alley splitting the two small parcels. Downward adjustments are made to the three comparisons with higher density DN zoning.

LAND SALES ADJUSTMENT GRID Name Sale Current Shape Utilities Final No. $/Sq Ft Motivation Financing Date Indicator Location Size Condition Zoning Indicators Edition Apartments Site 0.0% 0.0% 11.4% 11.4% 0.0% 0.0% 0.0% -10.0% -10% 1. $98 $0.00 $0.00 $11.19 $109.54 $0.00 $0.00 $0.00 ($10.95) $99

Apartment Site 0.0% 0.0% 8.6% 8.6% 0.0% 0.0% 0.0% -10.0% -10% 2. $103 $0.00 $0.00 $8.92 $112.39 $0.00 $0.00 $0.00 ($11.24) $101

Echelon 185 Site 0.0% 0.0% 5.1% 5.1% 0.0% -10.0% 0.0% 0.0% -10% 3. $138 $0.00 $0.00 $7.10 $145.26 $0.00 ($14.53) $0.00 $0.00 $131 Townhome Site 0.0% 0.0% 1.0% 1.0% 0.0% -10.0% 0.0% 0.0% -10% 4. $113 $0.00 $0.00 $1.16 $114.50 $0.00 ($11.45) $0.00 $0.00 $103 Apartment Site -10.0% 0.0% 0.0% -10.0% -5.0% 5.0% 0.0% -10.0% -10% 5. $115 ($11) $0 $0 $103 ($5) $5 $0 ($10) $93 Subject 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0% $101 $0 $0 $0 $101 $0 $0 $0 $0 $101

Average $105 Conclusion $102

Conclusion After adjustment the comparables indicate a range from $93 to $131/sq ft, averaging $105/sq ft. The median is $101/sq ft. Given current market conditions and after considering all factors, the evidence best supports a unit value between $100 and $105/sq ft for the subject. For the larger site, these indicate a range of value between $4,002,000 and $4,202,000. Within this range, I reconcile to $4,100,000 or $102/sq ft.

The addition of the to be vacated ROW only impacts the site area. There is no change to site utility, access, exposure, etc. Consequently, the value of the site including the ROW is calculated at the same unit value of $102/sq ft for a total value of $4,116,801. The value of the ROW is the difference between the before and after value, or $16,801.

Marketing Time The definition of “marketing time” is as follows:

An opinion of the amount of time it might take to sell a real or personal property interest at the concluded market value level during the period immediately after the effective date of an appraisal.

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Source: The Dictionary of Real Estate Appraisal, Sixth Edition. Chicago: Appraisal Institute, 2015.

It is estimated that marketing time would be three to six months, based on the comparisons.

Exposure Time The definition of “exposure time” is as follows:

The estimated length of time the property interest being appraised would have been offered on the market prior to the hypothetical consummation of a sale at market value on the effective date of the appraisal; a retrospective opinion based on an analysis of past events assuming a competitive and open market.

Source: The Dictionary of Real Estate Appraisal, Sixth Edition. Chicago: Appraisal Institute, 2015.

Based on demand for this property type, the estimated exposure time is three to six months.

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ADDENDUM

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Letter of Engagement

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April 8, 2020

Harbour Homes, LLC C/O Tyler Churchill, Multi-Family Sr. Production Manager Geonerco Management LLC 400 N 34th Street, Suite 300 Seattle, WA 98103 Via email - [email protected]

RE: Engagement of Services – Appraisal Report

Dear Mr. Churchill:

We are pleased to have the opportunity to furnish appraisal services involving a proposed street vacation for property located at the northwest corner of NE185th Street and Ross Road in Bothell, Washington. The purpose of this letter is to confirm the scope of our services for this engagement, our office practices and policies.

We will prepare an appraisal using processes and standards in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP) of the Appraisal Foundation. The appraisal will be transmitted in a narrative report format as agreed in this engagement. The appraisal will contain the descriptions, comparative data, analyses, conclusions and exhibits generally considered essential to a documented appraisal report. In addition, our services will comply with and be subject to the Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute. The intended users of the appraisal are Harbour Homes LLC, Geonerco and City of Bothell. The intended use of the appraisal is for acquisition of street right-of-way (i.e. a street vacation) from the City of Bothell. You agree and represent that you will not share the appraisal with any party other than the intended users described above and will only rely on the appraisal for its intended use (the “Representations”).

The scope of the assignment will be to:

• Inspect subject property and comparable properties • Sales comparison approach to value • Narrative appraisal report

The cost of the appraisal will be $3,500. This fee is based on the scope and timing of our analysis as outlined in this letter. If the scope of analysis changes during the appraisal process, the change could alter the cost. At the stated fee you will receive an electronic copy of the report in PDF format. You may request up to two optional hard copies without additional charge by checking the box by the signature block. Additional hard copies will be available at nominal expense (billed at $75/hour for administrative staff’s time), but it is helpful if we know of your copy requirements at the time we begin work on the project. It is our custom to accept a 50 percent retainer at the time we are authorized to proceed.

Valuation Advisory Services 601 Union Street, Suite 4720 T 206.205.0200 50 YEARS. THE EDGE IN YOUR MARKET. Seattle, WA 98101 kidder.com January 12, 2021 Agenda Packet Page 108 of 292

Tyler Churchill April 8, 2020 Page 2

Payment for our services is due no later than 30 days following delivery of the completed reports. Any past-due accounts bear interest at the rate of 1% per month.

Because of the nature of our business, it is difficult to quote a precise delivery date for the completed report. However, we anticipate delivery of the report will be made within three weeks from the date we receive from you a signed copy of this engagement letter authorizing us to proceed.

You agree to hold harmless, defend and indemnify Kidder Mathews and its agents and employees from any and all claims that arise out of or relate to your breach of either or both of the Representations and/or to claims arising from information provided by you for our reliance in preparing the report, including the information sought in the attached Request for Information.

Either party may terminate this engagement for any reason upon written notification delivered any time prior to completion of the project. Upon such termination, you remain obligated to pay us promptly for all charges for services rendered to date, as well as for all charges incurred as a result of termination.

We do not anticipate that any disputes will arise out of our relationship with you. However, all disputes arising out of, relating to or concerning this engagement shall be resolved by binding arbitration in Seattle under the American Arbitration Association (“AAA”) Commercial Arbitration Rules with Expedited Procedures in effect on the date hereof. The arbitrator shall award attorneys’ fees and costs to the prevailing party.

If you agree with these terms of engagement and wish us to proceed, please sign where indicated below and return the letter together with your check for $1,750 representing the retainer to my attention at Kidder Mathews, 601 Union St., Suite 4720, Seattle, WA 98101.

Very truly yours,

KIDDER MATHEWS

Andrew T. Robinson, MAI Managing Director, Shareholder

Check if two hard copy reports are required: 

ACCEPTED & AGREED this _____ day of ______, 2020

______040820 Harbour Homes, LLC/em

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Request for Information

In order to complete the proposed appraisal, we will require the following information. Please send the information to me at [email protected]. Please feel free to call if you have any questions.

1. Legal description 2. ALTA survey 3. Phase I 4. Property contact for inspection 5. Any additional information you consider pertinent

Andy Robinson, MAI Kidder Mathews 601 Union St., Suite 4720 Seattle, WA 98101 [email protected] 206.205.0204

Valuation Advisory Services 601 Union Street, Suite 4720 T 206.205.0200 50 YEARS. THE EDGE IN YOUR MARKET. Seattle, WA 98101 kidder.com January 12, 2021 Agenda Packet Page 110 of 292 Ross Road Street ROW KM Job A20-0425

Appraiser’s Experience Data

Kidder Mathews Valuation Advisory Services Addendum January 12, 2021 Agenda Packet Page 111 of 292 SELECT CLIENT LIST ANDREW T. ROBINSON, MAI Managing Director, Shareholder CORPORATE Valuation Advisory Services A. America Furniture

1987 – Graduated from the University of Washington with a Bachelor of Arts American Stores degree in business administration – finance Properties, Inc.

1990 – Began his appraisal career with Shorett & Riely under the tutelage of Associated Petroleum Products Keith Riely, MAI and Larry Shorett, MAI Bellevue Athletic Club 1994 – Founded the Valuation and Appraisal Services division for Kidder Mathews with Peter Shorett, MAI BIG Shopping Centers

1996 – Awarded the MAI designation of the Appraisal Institute Boeing Realty Corp. Bunge Foods 1997 – Founded Terra Property Analytics Costco 2006 – Returned to Kidder Mathews DD Aerospace

LICENSES Franciscan Health Services

State of Washington Certified General Real Estate Appraiser (No. 1100592) Genetic Systems

State of Oregon Certified General Real Estate Appraiser (No. C000566) Health Science Properties

State of Idaho General Real Estate Appraiser (No. CGA-2143) Holmes Freight Lines

JCR Development APPRAISAL INSTITUTE Company

Has been active with the Seattle Chapter of the Appraisal Institute as education KCTS Channel Nine chair, programs chair, board of directors, regional representative and point person for the retail segment of the annual fall conference.

EXPERIENCE Appraisals have been prepared on a number of property types including retail properties of all types, apartments, condominiums, offices, medical offices, industrial, health science laboratories, hotels, golf courses, marinas, athletic clubs, ground leases, piers, masterplanned developments and vacant land. Experience with partial interests, air rights, conservation and land use agreements and condemnation. Recognized as expert witness for appraisals in Washington with retail properties and development land in conjunction with bankruptcy, contract disputes, and tax appeals. Experienced arbitrator for market rent establishment. Appraisal experience in Washington, Oregon, California, Alaska, Idaho, Nevada and British Columbia, Canada.

T 206.205.0204 F 206.205.0220 [email protected] 601 Union St Suite 4720 Seattle, WA 98101

January 12, 2021 Agenda Packet Page 112 of 292 ADDITIONAL CLIENTS Kimco

FINANCIAL Manufacturers Life Washington Federal Kohl’s Aid Association for Insurance Co. Washington First Lineage Logistics Lutherans Merrill Lynch International Bank Lonestar Industries, Inc. AIG Mortgage Finance Mortgage Capital Washington Trust Lowes Home Improvement Allstate Insurance Morgan Stanley Mortgage Capital Wells Fargo Olympic Property Group American Express MUFG Union Bank Zions Bank Retail Properties of Financial Corp. America Nationwide Insurance American National LEGAL Ritchie Brothers Bank Co. Auctioneers Barokas Martin Ahlers Bank of America New York Common & Tomlinson Rottler Manufacturing Retirement Fund Bank of Nova Scotia Beresford Booth Sabey Company Pacific Continental Demaray & Trompeter Seattle Times Banner Bank Bank Culp, Guterson & Target BECU Peoples Bank Grader Union Pacific Realty Corp. CIBC World Markets PNC National Bancorp Garvey Schubert Barer Universal Avionics Citicorp Real Estate Prudential Insurance Hacker & Willig, Inc., Company P.S. Walgreens Commerce Bank of Western Power & Washington Safeco Insurance Jamin, Ebell, Bolger & Equipment Gentry First Alexander Security Mutual Life Vulcan Hamilton Life Insurance Insurance Co. Lane Powell Spears Lubersky GE Financial Skagit Bank Assurance Ogden, Murphy Sound Credit Union Wallace GMAC Commercial Mortgage Standard Mortgage Slinde Nelson Investors Stanford Guardian Life Insurance Company Teachers Insurance & Socius Law Group Annuity Assoc. PLLC Heritage Bank Transamerica Realty HomeStreet Bank Services MUNICIPAL City of Burien Insignia Financial Corp. United Presidential Life Insurance City of Maple Valley JPMorgan Chase Bank T 206.205.0204 US Bank City of Seattle F 206.205.0220 Key Bank [email protected] 601 Union St Suite 4720 Seattle, WA 98101

January 12, 2021 Agenda Packet Page 113 of 292 City of Yakima REALTY ADVISOR PM Realty Advisors AEW Realty Advisors Federal Deposit SSR Realty Advisors Insurance Corp. AMB Realty Advisors Times Square Realty Kent Public School American Life Investors District Bentall Kennedy Washington Capital King County Rural Library System Institutional Property Weingarten Realty Resources Investors Port of Seattle Los Angeles County University of Employees Washington Retirement System Washington State University Murphy Favre Properties

T 206.205.0204 F 206.205.0220 [email protected] 601 Union St Suite 4720 Seattle, WA 98101

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RESOLUTION NO. (2021)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BOTHELL, WASHINGTON ESTABLISHING A HEARING DATE FOR STREET VACATION PETITION – NORTHWEST CORNER OF INTERSECTION OF NE 185TH ST AND ROSS ROAD

WHEREAS, a street vacation is the termination of the public interest in a right-of- way (opened or unopened); and

WHEREAS, the property owner at the northwest corner of the intersection of NE 185th Street and Ross Road is requesting a street vacation; and

WHEREAS, the petitioner is the only owner of property abutting right-of-way to be vacated and therefore the only property owner required to sign the petition; and

WHEREAS, the City has no planned need for the subject proposed vacation; and

WHEREAS, City staff have reviewed the street vacation requested and determined that there is adequate right-of-way remaining after the vacation to accommodate upcoming NE 185th Street improvements proposed by the City; and

WHEREAS, Pursuant to BMC 17.12.060, Council, “…by resolution, shall fix a time when the petition shall be heard and determined, which shall not be more that 60 days nor less than 20 days after the date of passage of such resolution.”.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BOTHELL, WASHINGTON, DOES RESOLVE AS FOLLOWS:

Section 1. A hearing date of March 2, 2021, for a street vacation petition for the northwest corner of the intersection of NE 185th Street and Ross Road is hereby established.

Section 2. The City Clerk is authorized to make necessary corrections to this resolution including, but not limited to, the correction of scrivener’s/clerical errors, references, resolution numbering, section/subsection numbers, and any references thereto.

PASSED this ______day of ______, 2021.

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APPROVED:

LIAM OLSEN MAYOR

ATTEST/AUTHENTICATED:

LAURA HATHAWAY CITY CLERK

FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: (2021)

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January 12, 2021 Agenda Packet Page 118 of 292 City Council Agenda Bill AB # 21-003

TO: Mayor Olsen and Members of the Bothell City Council

FROM: Michael Kattermann, Community Development Director David Swasey, Building Division – Building Official (Presenter) Butch Noble, Community Risk Reduction – Fire Marshal (Presenter)

DATE: January 12, 2021

SUBJECT: Public Hearing for proposed Amendments to Bothell Municipal Code Title 20 (Building and Construction Code)

POLICY The Council is being asked to conduct a public hearing and decide whether to CONSIDERATION: adopt the proposed amendments to BMC Title 20 that include new editions of the current city and state building codes.

If approved, it has the potential to impact all building, fire, plumbing and mechanical permit applicants by requiring new methods/changes in design and construction to meet compliance of the new code editions.

HISTORY: DATE ACTION N/A

DISCUSSION: Every 3-4 years the State of Washington, through the SBCC (State Building Code Council), has historically adopted new building/fire codes and, following state adoption, jurisdictions throughout Washington State have adopted and enacted these new codes as local ordinances, per RCW 19.27.031.

The building/fire codes used for design and construction represent minimum safeguards to reduce risk of injury and reduce loss of life from unsafe construction practices and materials. Knowing this is the scope/purpose of building/fire codes, it is vital the most current versions are used for design and construction to ensure the most up-to-date safeguards are incorporated and constructed into buildings in Bothell It is also important to remain consistent with State Codes so developers can better predict and plan projects, there by reducing costs and saving time and resources for both the City and developers. Prior to the 2018 code edition, the International Code editions were adopted on July 1st of the year following the edition label (i.e. 2015 codes were adopted on July, 1, 2016). The 2018 edition of the codes were planned for state adoption on

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July 1, 2019; however, the SBCC moved this adoption date out one year to July 1, 2020 due to digital formatting impacts and the complexities of incorporating the state amendments into the codes through ICC (International Code Council). These dates were moved further out in 2020 once impacts to jurisdictions from COVID-19 were apparent. This led to moving the adoption date to Nov 1, 2020 and then ultimately to February 1, 2021.

Below is a list of items proposed for addition/revision to BMC Section 20.02: BMC Section 20.02.015 (Scope): • Revising 2015 edition of listed building codes to 2018 edition BMC Section 20.02.025 (Definitions): • New definitions for IEBC (International Existing Building Code) and ISPSC (International Swimming Pool and Spa Code). • Revise “Valuation” definition to read more specific to the purposes of permitting and plan review fees. BMC Section 20.02.045 (International Building Code): • Add language indicating structures accessory to one and two family dwelling units and townhouses, are limited to 3 stories above grade plane. • Add exemptions from IBC regulations for roads, bridges, sidewalks, drainage structures, retaining walls, street lighting poles, traffic signal poles, and similar structures regulated, approved and inspected by the city’s public works department. • Add exemption from IBC regulations for electrical transmission towers and telephone poles (not including cell towers) under the control of a utility. BMC Section 20.02.046 (International Existing Building Code): • The IEBC was previously adopted through the state adoption of the IBC. We are adding a new section of the BMC clearly adopting the IEBC to require designers to use provisions that are, in many cases, less costly to building owners. Included is an exception explaining the structures for one and two family dwellings, townhouses and accessory structures are regulated by the IRC (International Residential Code). BMC Section 20.02.050 (International Residential Code): • Add exception allowing owner-occupied lodging houses with one or two guestrooms to be permitted for construction in accordance with the International Residential Code for One- and Two-Family Dwellings. • Add exception allowing owner-occupied lodging homes with three to five guestrooms to be permitted for construction in accordance with the International Residential Code for One- and Two-Family Dwellings where equipped with a fire sprinkler system in accordance with Appendix Q.

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BMC Section 20.02.055 (International Mechanical Code): • Add exception indicating that additions, alterations, renovations or repairs related to building or structural issues shall be regulated by the International Exiting Building Code. BMC Section 20.02.095 (Permits): • Revise exception B(1)(a) to indicate exception B(1)(a)(i) and B(1)(a)(ii) to allow inclusion of permit exemption for 120 sq ft accessory IBC structures used as storage sheds and tool sheds. • Revise exception B(1)(v) allowing permit exemption for in-kind roofing replacement for one and two family dwellings and moving existing exception for photo-voltaic systems to exception B(1)(w). This step aligns with a majority of E-City Gov cities (See Tipsheet 0 from www.mybuildingpermit.com(E-City Gov Alliance in attachments) BMC Section 20.02.145 (Submittal Documents): • Revise language in item B to require construction documents be submitted electronically, with allowance for paper submittals with Building official authorization. • Revise language in item D to allow construction documents for IRC structures be exempt from indicating occupant loads. • Replace language in item E addressing requirements for EHB 1848 to a more updated version reflecting requirements from RCW 64.55 (Multi- Family Building Enclosure Defect Laws) BMC Section 20.02.160 (D) (Inspections): • Reorder inspection requirements for exterior weather barrier and Lath/GWB (drywall) inspections to be higher in the order of inspections. BMC 20.02.210 (Temporary Certificate of Occupancy): • Rename Section to Phased Certificate of Occupancy and outlining authorization/guidelines for a new Phased Certificate of Occupancy process.

Below is a list of items proposed for addition/revision to BMC Section 20.04: BMC Section 20.04.050 (Section 3002.4 of the International Building Code) • Revise stretcher size requirement in elevators from 24-inch by 84-inch to 26-inch to 86-inch, at the request of Community Risk Reduction. BMC Section 20.04.060 (Section 3410.1 of the International Building Code amended): • Remove the section and relocate “Moved Buildings” requirements under 20.04.130 (International Existing Building Code) with no changes to verbiage.

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BMC Section 20.04.085 (International Residential Code Table R301.2(1) amended): • Replace existing Table R301.2(1) - Climatic and Geographic Design Criteria IRC Table R301.2(1) - from the 2015 IRC version with new 2018 IRC version with a completely new format. Attachments 3 and 4 to this agenda bill provide background and context for the updates to Table R301.2(1) BMC Section 20.04.130 (International Existing Building Code): • As indicated in the description of revisions to BMC Section 20.04.060, “Moved Buildings” requirements deleted from 20.04.060 and relocated verbatim to 20.04.130. Below is a list of items proposed for addition/revision to BMC Sections 20.08, 20.09, 20.10, 20.32: BMC Section 20.08.020 Community Risk Reduction – Establishment, duties: • Revise the title to reflect the division name as identified in the organizational chart. BMC Section 20.08.030 Fire Code Official – Appointment: • Relocate and modify to reflect the actual fire code language. BMC Section 20.08.040 Fire department access roads and fire lanes • This section was absorbed into the appropriate section identified in the Fire Code. BMC Section 20.08.050 Adoption of the International Fire Code This section was relocated into the purposed new section 20.08.040 Adoption of the International Fire Code. The wording was simplified and includes the proposed appendixes to be adopted. BMC Section 20.08.080 Amendments to the International Fire Code • Split section into new sections 20.08.055-.066 to increase readability and to consolidated other amendments to the International Fire Code from throughout chapters 20.08, 20.09, and 20.10. • Add section 102.5 Application of the Residential Code and amend subsections 2 and 3 as recommended by the Zone 1 Fire Marshals to clarify how the requirement of residential sprinklers is applied as a means to allow deviations from other code requirements. • Add section 105.6.30 to allow reciprocal permits and/or inspections of mobile food trucks. • Add section 105.7.27 Refrigeration equipment. This section is added at the recommendation from the Zone 1 Fire Marshals to require a construction permit for refrigeration equipment as regulated in the IFC Chapter 6.

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• Add section 108.6 Overcrowding. This amendment was recommended by the Zone 1 Fire Marshals. Amend by adding verbiage that gives the Fire Marshal the authority to act in overcrowding control. • Add section 202 and amend to include occupied roof in the description as part of a high-rise. • Add section 307.2.1 to limit open burning due to fire danger in addition to air quality bans. • Amend 314.4 Vehicles. This amendment extends the list of motorized vehicles and equipment to cover a wider variety of types. • Add section 401.9 Evacuation Required. This addition was recommended by the Zone 1 Fire Marshals and seeks to assure that buildings are evacuated when an alarm is activated. • Add sections 503.1.1 – 503.2.5 assuring access to structures based on fire department staffing levels and needs. • Add section 503.2.6 Bridges and elevated surfaces. Added to codify that elevated surfaces and/or bridges are designed and built to recognized standards, are identified and are able to support the imposed weights. • Add section 503.2.7 Grade. Assuring that fire apparatus can navigate grade changes in a fire access road. • Add section 503.3 Marking. This amendment was recommended by the Zone 1 Fire Marshals. It follows Bothell Design Standards. • Amend section 503.6 Security gates. This section is amended to include other obstructions and provide for a Click-to-Enter system on gated access that will allow rapid access by both Police and Fire. • Add section 504.4 Buildings with enclosed courtyards. Recommended by Zone 1 Fire Marshals to assure that the Fire Department can access interior courtyards for rescue and firefighting operations. • Amend 507.2.1 Private Fire Service Mains. This amendment better describes installation requirements for underground private fire service mains. • Amend section 510 Emergency Responder Radio Coverage. This section seeks to meet the requirements of the radio system owner in installation and maintenance of the systems. It also creates a realistic approach to maintenance and annual testing. Development of this amendment was done through a work group consisting of AHJs, Contractors, Maintenance Providers and PSERN as well as EPSCA.

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• Add section 602.1 Power Tap. This addition better defines what a “power tap” is. • Amend 903.2.1.1 (1) the threshold that requires Fire Sprinkler in A-1 occupancies to 5,000 square feet to align with surrounding jurisdictions. • Amend 903.2.1.2 (1) the threshold that requires Fire Sprinkler in A-2 occupancies to 5,000 square feet to align with surrounding jurisdictions. • Amend 903.2.1.9 (1) the threshold that requires Fire Sprinkler in B occupancies to 5,000 square feet to align with surrounding jurisdictions. • Amend 903.2.3 (1) the threshold that requires Fire Sprinkler in E occupancies to 5,000 square feet to align with surrounding jurisdictions. • Amend 903.2.4 (1) the threshold that requires Fire Sprinkler in F-1 occupancies to 5,000 square feet to align with surrounding jurisdictions. • Amend 903.2.7 (1) the threshold that requires Fire Sprinkler in M occupancies to 5,000 square feet to align with surrounding jurisdictions. • Amend 903.2.8.5 the threshold that requires Fire Sprinkler in Townhomes to 5,000 square feet to align with surrounding jurisdictions • Amend 903.2.8.6 the threshold that requires Fire Sprinkler in R-2 occupancies to 5,000 square feet to align with surrounding jurisdictions. • Amend 903.2.9 (1) the threshold that requires Fire Sprinkler in S-1 occupancies to 5,000 square feet to align with surrounding jurisdictions. • Amend 903.2.10 (1) the threshold that requires Fire Sprinkler in S-2 occupancies to 5,000 square feet to align with surrounding jurisdictions. • Amend 903.2.11 the threshold that requires Fire Sprinkler in Group U occupancies to 5,000 square feet to align with surrounding jurisdictions. • Add section 903.3.1.1.3 Seismic coefficient. This recommendation from Zone 1 Fire Marshals seeks to assure that sprinkler systems are braced in accordance with the data provided by the USGS. • Amend section 903.4.3 Floor control valves. This amendment establishes a uniform location for these valves to assist with a more rapid control of flowing water. • Add section 903.5.1 Fire Sprinkler and Standpipe main/express drains. This section seeks to assure that sprinkler systems are drained in compliance to NPDES (National Pollution Discharge Elimination System) requirements. • Amend section 905.3.1 Height. This section is amended to better address the requirements of standpipes in building and when they are required.

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• Add section 905.3.9 High-rise standpipes. This addition seeks to control the pressure coming out of standpipes in high-rise buildings and identify the presence of a PRV. • Add section 905.3.10 Vertical standpipes served by fire pumps. The addition requires a check valve be installed to prevent reverse flow of water through a fire pump. • Amend 906.1 Where required. This creates an exception to R-2 occupancies and removes all other exceptions. • Add section 907.1.2 Fire Alarm Shop Drawings. The amendment of this section intends to create a standardized requirement for Fire Alarm review. This is intended to streamline the process and allow for a more efficient and consistent review.

FISCAL None IMPACTS:

ATTACHMENTS: Att-1. Proposed Ordinance Att-2. Tipsheet 0 (www.mybuildingpermit.com) Att-3. Table R301 draft (mbp mgmt adhoc) Att-4. Notes for R301 draft (mbp mgmt adhoc) Att-5.

RECOMMENDED Adopt the revisions, deletions, and additions to BMC Title 20. ACTION:

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ORDINANCE NO. (2021)

AN ORDINANCE OF THE CITY OF BOTHELL, WASHINGTON, RELATING TO THE STATE BUILDING CODE AND LOCAL AMENDMENTS THERETO; AMENDING CHAPTERS 20.02, 20.04, 20.08, AND 20.32 OF THE BOTHELL MUNICIPAL CODE TO ADOPT THE 2018 STATE BUILDING CODE AND LOCAL AMENDMENTS THERETO; REPEALING CHAPTER 20.10 OF THE BOTHELL MUNICIPAL CODE; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE, AND CORRECTIONS.

WHEREAS, the City of Bothell Community Development Department and Fire Department have recommended to the City Council amendments to Title 20 of the Bothell Municipal Code to adopt the 2018 State Building Code and Local Amendments thereto; and

WHEREAS, the City Council has determined that the proposed amendments are in the best interest of the public health, safety, and welfare.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BOTHELL, WASHINGTON, DOES ORDAIN AS FOLLOWS:

Section 1. Chapter 20.02 of the Bothell Municipal Code is hereby amended to read as shown on attached Exhibit A, with new text shown by underline and with deletions shown by strikethrough.

Section 2. Chapter 20.04 of the Bothell Municipal Code is hereby amended to read as shown on attached Exhibit B, with new text shown by underline and with deletions shown by strikethrough.

Section 3. Chapter 20.08 of the Bothell Municipal Code is hereby amended to read as shown on attached Exhibit C, with new text shown by underline and with deletions shown by strikethrough.

Section 4. Chapter 20.09 of the Bothell Municipal Code is hereby amended to read as shown on attached Exhibit D, with new text shown by underline and with deletions shown by strikethrough.

Section 5. Chapter 20.10 of the Bothell Municipal Code is hereby repealed in its entirety.

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Section 6. Chapter 20.32 of the Bothell Municipal Code is hereby amended to read as shown on attached Exhibit E, with new text shown by underline and with deletions shown by strikethrough.

Section 7. SEVERABILITY. If any section, sentence, clause or phrase of this ordinance should be held to be invalid by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance.

Section 8. EFFECTIVE DATE. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect on February 1, 2021, after passage and publication of an approved summary thereof consisting of the title.

Section 9. CORRECTIONS. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener’s/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto.

APPROVED:

LIAM OLSEN MAYOR ATTEST/AUTHENTICATED:

LAURA HATHAWAY CITY CLERK

APPROVED AS TO FORM:

PAUL BYRNE CITY ATTORNEY

FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE:

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ORDINANCE NO.: (2021)

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Exhibit A Amendments to Ch. 20.02 BMC

CONSTRUCTION ADMINISTRATIVE CODE Sections: 20.02.010 Construction administrative code established. 20.02.015 Scope. 20.02.025 Definitions. 20.02.030 Appendices. 20.02.035 Intent. 20.02.040 Referenced codes. 20.02.045 International Building Code. 20.02.046 International Existing Building Code. 20.02.050 International Residential Code. 20.02.055 Mechanical. 20.02.060 Liquid propane gas. 20.02.065 Natural gas. 20.02.070 Plumbing. 20.02.075 Applicability. 20.02.080 Referenced codes and standards. 20.02.085 Enforcement agency. 20.02.090 Duties and powers of the building official. 20.02.095 Permits. 20.02.100 Emergency repairs. 20.02.105 Repairs. 20.02.110 Application for permit. 20.02.115 Action on application. 20.02.120 Time limitation of applications. 20.02.122 Time limitation of responses to city review comments. 20.02.123 Time limitation of approved plans/permits ready to issue. 20.02.125 Validity of permit. 20.02.130 Time limitation of permit. 20.02.135 Suspension or revocation. 20.02.140 Placement of permit. 20.02.145 Submittal documents.

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20.02.150 Temporary structures. 20.02.155 Fees. 20.02.160 Inspections. 20.02.161 Special investigation fees. 20.02.165 Energy efficiency inspections. 20.02.170 Re-inspections. 20.02.175 Other inspections. 20.02.180 Special inspections. 20.02.185 Final inspection. 20.02.190 Inspection agencies. 20.02.195 Inspection requests. 20.02.200 Approval required. 20.02.205 Certificate of occupancy. 20.02.210 Temporary occupancy. 20.02.215 Revocation of certificate of occupancy. 20.02.220 Service utilities. 20.02.225 Board of appeals. 20.02.230 Violations. 20.02.235 Stop work order. 20.02.240 Unsafe structures and equipment.

20.02.010 Construction administrative code established.

These regulations shall be known as the construction administrative code of the city of Bothell, hereinafter referred to as “this code.”

20.02.015 Scope.

The provisions of this code shall apply to the administration of the technical codes as adopted by the state of Washington and as listed below:

20185 International Building Code – Chapter 51-50 WAC

20185 International Residential Code – Chapter 51-51 WAC

20185 International Mechanical Code – Chapter 51-52 WAC

National Fuel Gas Code (NFPA 54) – Chapter 51-52 WAC

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Liquefied Petroleum Gas Code (NFPA 58) – Chapter 51-52 WAC

20185 International Fuel Gas Code – Chapter 51-52 WAC

20185 Uniform Plumbing Code – Chapters 51-56 and 51-57 WAC

20185 International Energy Conservation Code – Chapters 51-11C and 51-11R WAC

20185 International Existing Building Code – Chapter 51-50 WAC

20185 International Swimming Pool and Spa Code – Chapter 51-50 WAC

1997 Uniform Code for the Abatement of Dangerous Buildings

1997 Uniform Housing Code

20.02.025 Definitions.

For the purpose of this chapter, certain terms, phrases, words and their derivatives shall have the meanings set forth in this section. Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. “Webster’s Third International Dictionary of the English Language, Unabridged,” latest edition, shall be considered as providing ordinary accepted meanings. Words used in the singular include the plural and the plural the singular. Words referring to a specific gender may be extended to any other gender.

A. “Action” means a specific response complying fully with a specific request by the jurisdiction.

B. “Building service equipment” means and refers to the plumbing, mechanical and electrical equipment including piping, wiring, fixtures, appliances, and other accessories which provide sanitation, lighting, heating, ventilation, cooling, refrigeration, firefighting, and transportation facilities essential to the occupancy of the building or structure for its designated use.

C. “Complete response” means an adequate response to all requests from city staff in sufficient detail to allow the application to be processed.

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D. “Dangerous buildings code” means the 1997 Uniform Code for the Abatement of Dangerous Buildings promulgated by the International Council of Building Officials as adopted by the jurisdiction.

E. “Energy code” means the International Energy Conservation Code referenced in Chapters 51-11C and 51-11R WAC as adopted by the jurisdiction.

F. “Housing code” means the 1997 Uniform Housing Code promulgated by the International Council of Building Officials as adopted by the jurisdiction.

DG. “IBC” and “International Building Code” each means the latest edition of the International Building Code promulgated by the International Code Council as adopted by this jurisdiction.

E. “IEBC” and “International Existing Building Code” each mean the latest edition of the International Existing Building Code promulgated by the International Code Council as adopted by this jurisdiction.

F. “IECC” and “International Energy Conservation Code” each mean the International Energy Conservation Code referenced in Chapters 51-11C and 51-11R WAC as adopted by the jurisdiction.

G. “IFC” and “International Fire Code” each mean the latest edition of the International Fire Code promulgated by the International Code Council as adopted by this jurisdiction.

H. “IMC” and “International Mechanical Code” each means the latest edition of the International Mechanical Code promulgated by the International Code Council as adopted by this jurisdiction.

I. “IRC” and “International Residential Code” each means the latest edition of the International Residential Code for One- and Two-Family Dwellings promulgated by the International Code Council as adopted by this jurisdiction.

J. “ISPSC” and “International Swimming Pool and Spa Code” each mean the latest edition of the International Swimming Pool and Spa Code promulgated by the International Code Council as adopted by this jurisdiction.

K. “Jurisdiction” and “city” each mean the City of Bothell.

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L. “LPG” means Liquefied Petroleum Gas.

MJ. “NEC” and “National Electrical Code” each means the latest edition of the National Electrical Code promulgated by the National Fire Protection Association.

NK. “Occupancy” means the purpose for which a building, or part thereof, is used or intended to be used.

OL. “Shall,” as used in this chapter, is mandatory.

P. “Special investigation fee” means the fees necessary to cover city expenses to investigate and research a project site or location where:

1. Work requiring a permit has commenced without a permit; or

2. Where work has continued beyond the point of authorized permits; or

3. Where work was obscured, covered, or completed without required inspections when the project had a valid or current permit for the work.

PM. “UPC” and “Uniform Plumbing Code” each mean the latest edition of the Uniform Plumbing Code promulgated by the International Association of Plumbing and Mechanical Officials as adopted by this jurisdiction.

QN. “Valuation” or “value,” used in computing the plan review and permit (inspection) fees, means the total value of all construction work, including labor and materials, for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire-extinguishing systems, or any other permanent work or permanent equipment. as applied to a building or building service equipment, means and shall be the estimated cost to replace the building and its building service equipment in kind, based on current replacement costs. It shall also include the contractor’s overhead and profit.

O. Reserved.

P. Reserved.

Q. Reserved.

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R. Reserved.

S. “Special investigation fee” means the fees necessary to cover city expenses to investigate and research a project site or location where:

1. Work requiring a permit has commenced without a permit; or

2. Where work has continued beyond the point of authorized permits; or

3. Where work was obscured, covered, or completed without required inspections when the project had a valid or current permit for the work.

20.02.030 Appendices.

Provisions in the appendices shall not apply unless specifically adopted.

20.02.035 Intent.

The purpose of this code is to establish the minimum requirements to safeguard the public health, safety, and general welfare through structural strength, means of egress facilities, stability, sanitation, adequate light and ventilation, energy conservation, and safety to life and property from fire and other hazards attributed to the built environment, and to provide safety to firefighters and emergency responders during emergency operations.

20.02.040 Referenced codes.

The codes listed in BMC 20.04.015, 20.04.080, 20.04.100, 20.04.105, 20.04.110, 20.04.115, 20.04.120, 20.04.130, 20.04.132, 20.04.135, 20.04.140, 20.04.145 and referenced elsewhere in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference.

20.02.045 International Building Code.

The provisions of the International Building Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures.

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EXCEPTIONS:

A. Detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade in height with separate means of egress and their accessory structures not more than three stories above grade plane in height, shall comply with the International Residential Code.

B Roads, bridges, sidewalks, drainage structures, retaining walls, street lighting poles, traffic signal poles, and similar structures regulated, approved, and inspected by the city’s public works department.

C Electrical transmission towers and telephone poles under the control of a utility.

20.02.046 International Existing Building Code

The provisions of the International Existing Building Code shall apply to the repair, alteration, change of occupancy, addition to, and relocation of existing buildings

EXCEPTIONS:

20.02.050 International Residential Code.

The provisions of the International Residential Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal, and demolition of detached one-and two-family dwellings and multiple single-family dwellings (townhouses) not more than three stories above grade plane in height with separate means of egress and their accessory structures.

EXCEPTION:

(A) Live/work units complying with the requirements of Section 419 of the International Building Code shall be permitted to be built as one- and two-family dwellings or

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townhomes. Fire suppression required by Section 419.5 of the International Building Code when constructed under the International Residential Code for one- and two-family dwellings shall conform to Section 903.3.1.3 of the International Building Code.

(B) Owner-occupied lodging houses with one or two guestrooms shall be permitted to be constructed in accordance with the International Residential Code for One- and Two- Family Dwellings.

(C) Owner-occupied lodging homes with three to five guestrooms shall be permitted to be constructed in accordance with the International Residential Code for One- and Two- Family Dwellings where equipped with a fire sprinkler system in accordance with Appendix Q to the IRC.

20.02.055 Mechanical.

The provisions of the International Mechanical Code shall apply to the installation, alteration, repair and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems.

EXCEPTIONS:

A. The International Fuel Gas Code – for all installations utilizing natural gas except those regulated by the IRC and those utilizing LPG.

B. International Residential Code – for all structures regulated by the IRC except LPG installations.

C. NFPA 54 and 58 – for all LPG installations.

D. Additions, alterations, renovations, or repairs related to building or structural issues shall be regulated by the International Exiting Building Code.

20.02.060 Liquid propane gas.

The provisions of the National Fuel Gas Code and Liquefied Petroleum Gas Code (NFPA 54 and 58) shall apply to the installation of all materials and equipment utilizing liquid propane gas.

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20.02.065 Natural gas.

The provisions of the International Fuel Gas Code shall apply to the installation of all materials and equipment utilizing natural gas except those regulated by the International Residential Code.

20.02.070 Plumbing.

The provisions of the Uniform Plumbing Code shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, where connected to a water or sewage system and all aspects of a medical gas system.

20.02.075 Applicability.

A. General. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern except that the hierarchy of the codes named in Chapter 19.27 RCW shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

B. Other Laws. The provisions of this code shall not be deemed to nullify any provisions of local, state, or federal law.

C. Application of References. References to chapter or section numbers, or to provisions not specifically identified by number, shall be construed to refer to such chapter, section, or provision of this code.

20.02.080 Referenced codes and standards.

The codes and standards referenced in this code shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.

A. Partial Invalidity. In the event that any part or provision of this code is held to be illegal or void, this shall not have the effect of making void or illegal any of the other parts or provisions.

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B. Existing Structures. The legal occupancy of any structure existing on the date of adoption of this code shall be permitted to continue without change, except as is specifically covered in this code, the International Fire Code, or as is deemed necessary by the building official for the general safety and welfare of the occupants and the public. Modifications to existing structures shall be permitted to be performed in accordance with WAC 51-50-480000 (International Existing Building Code).

20.02.085 Enforcement agency.

A. Creation of Enforcement Agency. The building department is hereby created and the official in charge thereof shall be known as the building official.

B. Appointment. The building official shall be appointed by the chief appointing authority of the jurisdiction.

C. Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the building official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plan examiners, and other employees. Such employees shall have powers as delegated by the building official.

20.02.090 Duties and powers of the building official.

A. General. The building official is hereby authorized and directed to enforce the provisions of this code. The building official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code.

B. Applications and Permits. The building official shall: receive applications;, review construction documents; and issue permits for the erection, alteration, demolition, and moving of buildings, structures, and building service equipment;, inspect the premises for which such permits have been issued; and enforce compliance with the provisions of this code.

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C. Notices and Orders. The building official shall issue all necessary notices or orders to ensure compliance with this code.

D. Inspections. The building official shall make all of the required inspections, or the building official shall have the authority to accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The building official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise at the applicant’s expense.

E. Identification. The building official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.

F. Right of Entry. Where it is necessary to make an inspection to enforce the provisions of this code, or where the building official has reasonable cause to believe that there exists in a structure or upon a premises a condition which is contrary to or in violation of this code which makes the structure or premises unsafe, dangerous, or hazardous, the building official is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this code; provided, that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused, the building official shall have recourse to the remedies provided by law to secure entry.

G. Department Records. The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records.

H. Liability. The building official, member of the board of appeals hearing examiner, or employee charged with the enforcement of this code, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit

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instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by a legal representative of the jurisdiction until the final termination of the proceedings. The building official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this code.

I. Approved Materials and Equipment. Materials, equipment and devices approved by the building official shall be constructed and installed in accordance with such approval.

J. Used Materials and Equipment. The use of used materials and building service equipment which meet the requirements of this code for new materials is permitted. Used equipment and devices shall not be reused unless prior approval is obtained from the building official.

K. Modifications. Wherever there are practical difficulties involved in carrying out the provisions of this code, the building official shall have the authority to grant modifications for individual cases, upon application of the owner or owner’s representative; provided, the building official shall first find that special individual reason makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, accessibility, life and fire safety, or structural requirements. The details of action granting modifications shall be recorded and entered in the files of the department. The building official is authorized to charge an additional fee to evaluate any proposed modification under the provisions of this section.

L. Alternative Materials, Design and Methods of Construction and Equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method of construction not specifically prescribed by this code; provided, that any such alternative has been approved. An alternative material, design or method of construction shall be approved where the building official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method, or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability, and safety. Requests for approval of proposed alternative materials, designs, methods of construction, and equipment which would qualify for credit towards

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green building certification under the Leadership in Energy and Environmental Design, National Green Building Standard, Built Green (Three Star level or higher), or other certification program as approved by the community development director shall be assigned the highest priority for evaluation and determination by the building official. The building official is authorized to charge an additional fee to evaluate any proposed alternate material, design and/or method of construction, and equipment under the provisions of this section.

M. Research Reports. Supporting data, where necessary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources.

N. Tests. Whenever there is insufficient evidence of compliance with the provisions of this code, or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the building official shall have the authority to require tests as evidence of compliance to be made at no expense to the jurisdiction. Test methods shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the building official shall approve the testing procedures. Tests shall be performed by an approved agency. Reports of such tests shall be retained by the building official for the period required for retention of public records.

20.02.095 Permits.

A. Required. Any owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be done, shall first make application to the building official and obtain the required permit.

B. Work Exempt from Permit. Exemptions from permit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following:

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1. Building.

a. Accessory structures

(i) One-story detached structures, accessory to residential structures constructed under the provisions of the IRC, used as tool and storage sheds, tree-supported play structures, playhouse and similar uses, provided the floor area does not exceed 200 square feet (18.58 m2) and, with the exception of tree-supported play structures, the height above grade plane does not exceed 12 feet;

(ii) One-story detached IBC accessory structures used as tool and storage sheds, but not including vehicle storage, provided the floor area does not exceed one hundred twenty square feet and the height does not exceed twelve feet from the grade plane to the highest point of the roof.

b. Fences not over six feet (1,829 mm) high;

c. Oil derricks;

d. Retaining walls which are not over four feet (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;

e. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18,925 L) and the ratio of height to diameter or width does not exceed two to one;

f. Sidewalks, decks, and driveways, associated with residential structures constructed under the provisions of the IRC, not more than 30 inches (762 mm) above grade and not over any basement or story below and which are not part of an accessible route;

g. Painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work; provided, that existing required accessible features are not altered;

h. Temporary motion picture, television, and theater stage sets and scenery;

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i. Prefabricated swimming pools accessory to a one- and two-family dwelling or Group R-3 occupancy, which are less than 24 inches (610 mm) deep, do not exceed 5,000 gallons (18,925 L) and are installed entirely above ground; j. Shade cloth structures constructed for garden, nursery, or agricultural purposes and not including service systems; k. Swings, slides, and other similar playground equipment; l. Window awnings supported by an exterior wall of one- and two-family dwellings or Group R-3 and Group U occupancies which do not project more than 54 inches (1,372 mm) from the exterior wall and do not require additional support; m. Movable cases, counters, and partitions not over five feet, nine inches (1,753 mm) in height; n. Satellite earth station antennas six and one-half feet (two meters) or less in diameter or diagonal in zones other than residential zones; o. Satellite earth station antennas three and one-quarter feet (one meter) or less in diameter in residential zones; p. Video programming service antennas three and one-quarter feet (one meter) or less in diameter or diagonal dimension, regardless of zone; q. Carports and awnings attached to mobile homes and manufactured housing; r. Replacement of nonstructural siding in IRC structures except for veneer, stucco or exterior finish, and insulation systems (EFIS); s. In-kind window replacement for IRC structures where no alteration of structural members is required and the window U-values meet the prescriptive requirements contained within the International Energy Conservation Code; t. Temporary construction site office and storage structures placed at a permitted job site during construction may be allowed on a temporary basis and shall be removed upon final approval of the construction and prior to issuance of the certificate of occupancy. A temporary construction site office or storage structure is a portable structure for which the primary purpose is to securely

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house equipment and supplies, and which may serve as a temporary office during construction of a project;

u. In-kind roofing overlays on one- and two-family dwellings provided the new layer results in a maximum of two layers; and

v. In-kind re-roofing of one- and two-family dwellings, provided the roof sheathing is not removed or replaced.

w. The installation of roof mounted photovoltaic (PV) solar panels meeting all of the following criteria:

(1) Total dead load of panels, supports, mountings, raceways and all other appurtenances weigh no more than three pounds per square foot.

(2) The total PV solar panel system weight shall not exceed 1,000 pounds.

(3) Panels shall be mounted not higher than 18 inches above the surface of the roofing to which they are affixed. Except for flat roofs, no portion of the system may exceed the highest point of the roof. Panels on flat roofs shall not exceed the height allowed for the building.

(4) PV supports shall be located to prevent a point load in excess of 50 pounds in any location.

(5) Attachment to the structure shall be as specified by the mounting system manufacturer.

(6) All signage and markings required by NEC 690 shall be a phenolic or metallic plate or other similar material engraved in block letters at least one- quarter inch in height. The letters and the background shall be in contrasting colors. The identification plate shall be affixed to the equipment by means of mechanical fasteners.

2. Mechanical.

a. Portable heating, cooking, or clothes-drying appliances;

b. Portable ventilation equipment;

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c. Portable cooling unit;

d. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this code;

e. Replacement of any part which does not alter its approval or make it unsafe;

f. Portable evaporative cooler;

g. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of one horsepower (746 W) or less;

h. Portable fuel cell appliances that are not connected to a fixed piping system and are not interconnected.

3. Plumbing.

a. The stopping and/or repairing of leaks in drains, water, soil, waste or vent pipe; provided, however, that should any concealed trap, drain pipe, water, soil, waste or vent pipe become defective and it becomes necessary to remove and replace the same with new material, the same shall be considered as new work and a permit shall be obtained and inspection made as provided in this code;

b. The clearing of stoppages or the repairing of leaks in pipes, valves, or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require replacement or rearrangement of valves, pipes or fixtures;

c. Reinstallation or replacement of prefabricated fixtures that do not involve or require the replacement or rearrangement of valves or pipes.

4. Public Services Agencies or Work in the Public Way.

a. A permit shall not be required for the installation, alteration, or repair of generation, transmission, distribution, or metering, or other related equipment that is under the ownership and control of public service agencies established by right.

b. A permit shall not be required for work located primarily in a public way, public utility towers and poles, and hydraulic flood control structures. This exemption is

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not applicable to wireless communication facilities which are not located in a public way.

5. Grading.

a. An excavation below existing finished grade for basements and footings of an existing building, retaining wall, or other structure authorized by a valid building permit. This shall not exempt any excavation having an unsupported height of greater than five feet.

b. An excavation of less than 50 cubic yards of material which:

(1) Is less than two feet in depth; and/or

(2) Does not create a cut slope with a ratio steeper than two horizontal to one vertical.

c. A fill of less than 50 cubic yards of material which is less than one foot in depth and placed on natural terrain with a slope of less than five horizontal to one vertical.

20.02.100 Emergency repairs.

Where building service equipment replacements and/or equipment repairs must be performed in an emergency situation, the permit application shall be submitted within the next working business day to the building official.

20.02.105 Repairs.

Application or notice to the building official is not required for ordinary repairs to structures. Such repairs shall not include the cutting away of any wall, partition, or portion thereof, the removal or cutting of any structural beam or load-bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the egress requirements; nor shall ordinary repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, soil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

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20.02.110 Application for permit.

To obtain a permit, the applicant shall first file an application therefor in writing on a form furnished by the building department for that purpose.

A. Such application shall:

1. Provide evidence of an adequate water supply and sewer service for the intended use of the building. Evidence may be in the form of a water right permit from the Department of Ecology, a letter from an approved water and sewer purveyor stating their ability to provide water and sewer service, or another form sufficient to verify the existence of an adequate water supply and sewage disposal service. The city may impose conditions on building permits requiring connection to an existing public water or sewer system where the existing system is willing and able to provide safe and reliable potable water and sewage disposal service to the applicant with reasonable economy and efficiency. An application for a water right shall not be sufficient proof of an adequate water supply.

2. Identify and describe the work to be covered by the permit for which application is made.

3. Describe the land on which the proposed work is to be done by legal description, street address, or similar description that will readily identify and definitely locate the proposed building or work.

4. Indicate the use or occupancy for which the proposed work is intended.

5. Be accompanied by plans, diagrams, computations, and specifications, and other data as required in BMC 20.02.145.

6. State the valuation of any new building or structure or any addition, remodeling, or alteration to an existing building.

7. Contain the property owner’s name, address, and phone number.

8. Be signed by the applicant, or the applicant’s authorized agent.

9. Show the actual dimensions and shape of the lot to be built on, the exact sizes and locations of the lot and buildings already existing, if any, and the locations and

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dimensions of the proposed building or alteration, together with the legal description and the parcel number for each lot to be built upon.

10. The application shall include such other information as lawfully may be required by the building official, including:

a. The number of families, housekeeping units, or rental units the building is designed to accommodate;

b. Conditions existing on the lot;

c. Such other matters as may be necessary to determine conformance with and provide for the enforcement of this title.

B. For applications for construction projects costing more than $5,000, the application shall include all information contained in subsection A of this section, and the following:

1. The prime contractor’s business name, address, phone number, current state contractor registration number; and

2. Either:

a. The name, address, and phone number of the office of the lender administering the interim construction financing, if any; or

b. The name and address of the firm that has issued a payment bond, if any, on behalf of the prime contractor for the protection of the owner, if the bond is for an amount not less than 50 percent of the total amount of the construction project.

C. Applications for building permits relating to any construction, including landfill or pier and piling to support same, upon privately owned shoreland submerged by the waters of the Sammamish River, shall not be accepted for filing with the building department, unless there is attached to such application certified copies of the approval of such project by such state and/or federal agencies as may have jurisdiction or regulatory authority over such proposed project.

D. Applications shall include as much information as required to provide an accurate environmental assessment as may be required pursuant to Chapter 20.04 BMC, as it now exists or may be amended from time to time.

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E. One copy of the plans shall be returned to the applicant by the building official after the building official has marked such copy either as approved or disapproved and attested to the same by the building official’s signature on such copy. The second copy of the plans, similarly marked, shall be retained by the building official.

F. The building official shall transmit to the assessors of King and Snohomish Counties a copy of each permit for new construction issued at the end of each calendar month.

G. The information required on the building permit application by subsections (A)(2), (A)(6) and (B)(1) and (B)(2) of this section shall be set forth on the building permit document which is issued to the owner, and on the inspection record card which shall be posted at the construction site.

H. The information required by subsections A and B of this section, and information supplied by the applicant after the permit is issued, shall be kept on record.

I. If any of the information required by subsections (B)(2)(a) and (B)(2)(b) of this section is not available at the time the application is submitted, the applicant shall so state and the application shall be processed forthwith and the permit issued as if the information had been supplied, and the lack of the information shall not cause the application to be deemed incomplete. However, the applicant shall provide the remaining information as soon as the applicant can reasonably obtain such information.

20.02.115 Action on application.

The building official shall examine or cause to be examined applications for permits and amendments thereto within a reasonable time after filing. If the application or the construction documents do not conform to the requirements of pertinent laws, the building official shall reject such application in writing, stating the reasons therefor. If the building official is satisfied that the proposed work conforms to the requirements of this code and other laws and ordinances applicable thereto, the building official shall issue a permit therefor as soon as practicable. Notwithstanding the language of this or any other provision of this code, no building permit shall issue until all other project permits related to the project action for which the building permit is sought have been approved and issued, and all related fees, bonds, and approval conditions have been paid and/or satisfied, including but not limited to: SEPA approvals, subdivisions, PUDs, building site

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plans, conditional use permits, variances, shoreline substantial development permits, critical area alterations permits, and frontage improvements.

20.02.120 Time limitation of applications.

A. Applications for which no permit is issued within 18 months following the date of application shall expire by limitation and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official.

B. The building official may extend the 18-month time limitation of application for a period not to exceed 90 days, upon written request by the applicant citing specific circumstances preventing actions that are beyond the control of the applicant.

C. A request for extension shall be received by the city prior to expiration of the original 18-month time limitation of the application.

D. No application may be extended more than once.

E. The building official may extend the life of an application if any of the following conditions exist:

1. Compliance with the State Environmental Policy Act is in progress;

2. Litigation against the city or applicant is in progress, the outcome of which may affect the validity or the provisions of any permit issued pursuant to such application.

20.02.122 Time limitation of responses to city review comments.

A. Applications shall be canceled for inactivity if an applicant fails to respond to the department’s written request for revisions, corrections, actions or additional information within 180 days of the date of the request, except as provided in subsection (B) of this section.

1. All requests for an extension shall be submitted prior to the 180-day time limitation;

2. Only one extension of time shall be granted; provided, however, that multiple extensions may be granted by the building official for the following:

a. When compliance with the State Environmental Policy Act is in progress; or

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b. When litigation against the city or the applicant is in progress, if the outcome of the litigation may affect the validity or the provisions of the subject permit(s).

B. The building official may grant an extension of up to 30 days under the following circumstances:

1. Unique or unusual circumstances, such as the need to complete special studies or other analysis, exist that warrant additional time for the applicant to respond, provided the applicant submits supporting evidence and/or documentation); or

2. Another city review is in progress, but such extension shall be granted only if the applicant has submitted complete responses to the other city review requests and the building official determines that the review is proceeding in a timely manner.

20.02.123 Time limitation of approved plans/permits ready to issue.

A. The city shall notify an applicant in writing or electronic means when the city review has been completed and the permit is ready for issuance.

B. Issuance of the permit shall only occur once all applicable, mitigation, service, utility connection charges and other fees required prior to issuance of the building permit pursuant to this code have been paid or evidence of such payment has been provided.

C. An applicant shall have a maximum of 180 days from the date of notification to obtain the permit except as provided below:

1. The building official may extend the 180-day time limitation of permit issuance for a period not to exceed an additional 30 days, upon written request by the applicant citing specific circumstances preventing the payment of required fees that are beyond the control of the applicant;

2. A request for extension shall be received by the city prior to expiration of the original 180-day time limitation; and

3. No application may be extended more than once.

D. Failure of the applicant to obtain the permit within the time limitations imposed herein shall result in an expiration of the application with all plans and other data submitted for the applicant being returned to the applicant or destroyed by the building official.

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20.02.125 Validity of permit.

The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction.

20.02.130 Time limitation of permit.

A. Every permit issued shall expire two years from the date of issuance. The building official may approve a request for an extended expiration date where a construction schedule is provided by the applicant and approved prior to permit issuance.

B. Every permit which has been expired for less than 90 days may be renewed for a period of one year for an additional fee that is based on the valuation of the work remaining, as long as any changes to the design have been reviewed and approved by the building official prior to the original expiration date. For permits that have been expired for longer than 90 days, a new permit must be obtained and full new fees paid. No permit shall be renewed more than once.

C. Mechanical and plumbing permits shall expire at the same time as the associated building permit, except that if no associated building permit is issued, the mechanical and/or plumbing permit shall expire two years from the date of issuance.

D. The building official may authorize a 30-day extension to an expired permit for the purpose of performing a final inspection and closing out the permit, provided the only inspection remaining at the time of permit expiration was the final inspection and, further, that not more than 90 days have passed since the time limitation of permit has passed and, further, subject to:

1. The inspection fees charged during a 30-day extension period shall be equal to twice the normal building inspector’s current hourly rate as specified in the current fee resolution; and

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2. The 30-day extension will commence on the date of written city approval. If deficient items noted during the final inspection are not completed within the 30-day extension period, the permit shall return to expired status.

20.02.135 Suspension or revocation.

The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate, or incomplete information, or in violation of any ordinance or regulation or any of the provisions of this code.

20.02.140 Placement of permit.

The building permit or a copy shall be kept on the site of the work until the completion of the project.

20.02.145 Submittal documents.

A. Submittal documents consisting of construction documents, statement of special inspection and structural observation programs, engineering reports and calculations, diagrams and other data shall be submitted in one or more sets with each application for a permit. The construction documents shall be prepared by a registered design professional where required by the state of Washington. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.

EXCEPTION: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code.

B. Construction documents shall be dimensioned and submitted electronically. Construction documents printed on suitable material are permitted to be submitted when approved by the building official. Construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed in the proper

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orientation and layout as it is intended to be constructed and show in detail that it will conform to the provisions of this code and relevant laws, ordinances, rules, and regulations, as determined by the building official.

C. Shop drawings for the fire protection system(s) shall be submitted to the fire code official to indicate conformance with this code and the construction documents and shall be approved prior to the start of system installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9 of the International Building Code. Shop drawings shall be prepared by a certified individual as required by the state of Washington.

D. The construction documents shall show in sufficient detail the location, construction, size and character of all portions of the means of egress in compliance with the provisions of this code. In other than occupancies in Groups R-2, R-3, one- and two- family dwellings, and I-1, IRC regulated structures, the construction documents shall designate the number of occupants to be accommodated on every floor, and in all rooms and spaces.

E. Construction documents for all buildings shall describe the exterior wall envelope in sufficient detail to determine compliance with this code. The construction documents shall provide details of the exterior wall envelope as required, including flashing, intersections with dissimilar materials, corners, end details, control joints, intersections at roof, eaves or parapets, means of drainage, water-resistive membrane and details around openings. The construction documents shall include manufacturer’s installation instructions that provide supporting documentation that the proposed penetration and opening details described in the construction documents maintain the weather resistance of the exterior wall envelope. The supporting documentation shall fully describe the exterior wall system which was tested, where applicable, as well as the test procedure used.

Building Enclosure Design Requirements of Chapter 64.55 RCW. Building enclosure design documents of new or rehabilitated multifamily buildings that are subject to regulations of Chapter 64.55 RCW must be submitted at the time of permit application. All applications for building construction or rehabilitation shall include design documents prepared and stamped by an architect or engineer that identify the building enclosure (building enclosure documents), including, but not limited to, waterproofing, weatherproofing and/or otherwise protected from water or moisture intrusion, unless a

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recorded irrevocable sale prohibition covenant is submitted to the city. The city is prohibited from issuing a permit for construction or rehabilitative construction unless the building enclosure documents contain a stamped statement by the person stamping the building enclosure design documents in substantially the following form: “The undersigned has provided building enclosure documents that in my professional judgment are appropriate to satisfy the requirements of RCW 64.55.005 through 64.55.090” The city is not responsible for determining whether the building enclosure design documents or the inspections performed are adequate or appropriate to satisfy the requirements of Chapter 64.55 RCW.

Building enclosure design documents of new or rehabilitated multifamily buildings that are subject to the regulations of Engrossed House Bill 1848 must be submitted at the time of permit application. All applications for building construction or rehabilitation shall include design documents prepared and stamped by an architect or engineer that identify the building enclosure (building enclosure documents) including but not limited to, waterproofing, weatherproofing and/or otherwise protected from water or moisture intrusion, unless a recorded irrevocable sale prohibition covenant is submitted to the city. The city is prohibited from issuing a permit for construction or rehabilitative construction unless the building enclosure documents contain a stamped statement by the person stamping the building enclosure design documents in substantially the following form: “The undersigned has provided building enclosure documents that in my professional judgment are appropriate to satisfy the requirements of sections 1 through 10 of EHB 1848.” The city is not responsible for determining whether the building enclosure design documents or the inspections performed are adequate or appropriate to satisfy the requirements of the act.

EXCEPTION: Subject to the approval of the building official, IRC regulated structures R-3, one- and two-family dwellings, and U occupancies may be exempt from the detailing requirements of this section. In addition to these requirements, multi-unit structures as defined in RCW 64.55.010 shall comply with the submittal requirements as listed in RCW 64.55.020.

Where balconies and other elevated walking surfaces are exposed to water from direct or blowing rain, snow, or irrigation, and the structural framing is protected by an impervious moisture barrier, the construction documents shall include details for all elements of the impervious moisture barrier system. The construction documents shall include manufacturer’s installation instructions

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F. The construction documents submitted with the application for permit shall be accompanied by a site plan showing to scale the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades and the proposed finished grades and, as applicable, flood hazard areas, floodways, and design flood elevations; and it shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted.

G. The building official shall examine, or cause to be examined, the accompanying submittal documents and shall ascertain by such examinations whether the construction indicated and described is in accordance with the requirements of this code and other pertinent laws or ordinances.

H. Whenever review of a building permit application requires retention by the jurisdiction for professional consulting services, the applicant shall reimburse the jurisdiction the cost of such professional consulting services. This fee shall be in addition to the normal plan review and building permit fees. The jurisdiction may require the applicant to deposit an amount with the jurisdiction estimated in the discretion of the building official to be sufficient to cover anticipated costs of retaining professional consultant services and to ensure reimbursement for such costs.

I. When the building official issues a permit, the construction documents shall be approved, in writing or by stamp, as “Approved.” One set of construction documents so reviewed shall be retained by the building official. The other set shall be returned to the applicant, shall be kept at the site of work and shall be open to inspection by the building official or a duly authorized representative.

J. The building official is authorized to issue a permit for the construction of foundations or any other part of a building or structure before the construction documents for the whole building or structure have been submitted; provided, that adequate information and detailed statements have been filed complying with pertinent requirements of this code. The holder of such permit for the foundation or other parts of a building or structure shall

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proceed, at the holder’s own risk, with the building operation and without assurance that a permit for the entire structure will be granted.

K. When it is required that documents be prepared by a qualified registered design professional, the building official shall be authorized to require the owner to engage and designate on the building permit application a registered design professional who shall act as the registered design professional in responsible charge. If the circumstances require, the owner shall designate a substitute registered design professional in responsible charge who shall perform the duties required of the original registered design professional in responsible charge. The building official shall be notified in writing by the owner if the registered design professional in responsible charge is changed or is unable to continue to perform the duties. The registered design professional in responsible charge shall be responsible for reviewing and coordinating submittal documents prepared by others, including phased and deferred submittal items, for compatibility with the design of the building. Where structural observation is required by Section 1710 of the International Building Code, the inspection program shall name the individuals or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur (see also other duties specified in Section 1704 of the International Building Code).

L. For the purposes of this section, “deferred submittals” are defined as those portions of the design that are not submitted at the time of the application and that are to be submitted to the building official within a specified period. Deferral of any submittal items shall have the prior approval of the building official. The registered design professional in responsible charge shall list the deferred submittals on the construction documents for review by the building official. Documents for deferred submittal items shall be submitted to the registered design professional in responsible charge who shall review them and forward them to the building official with a notation indicating that the deferred submittal documents have been reviewed and been found to be in general conformance to the design of the building. The deferred submittal items shall not be installed until the deferred submittal documents have been approved by the building official. The building official is authorized to charge an additional plan review fee to evaluate deferred submittals under the provisions of this section.

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M. Work shall be installed in accordance with the approved construction documents, and any changes made during construction that are not in compliance with the approved construction documents shall be resubmitted for approval as an amended set of construction documents. The building official may authorize minor field changes subject to the approval of the field inspector.

N. One set of approved construction documents shall be retained by the building official for a period of not less than 180 days from date of completion of the permitted work, expiration of the permit, or as required by state or local laws.

20.02.150 Temporary structures.

A. The building official is authorized to issue a permit for temporary structures and temporary uses. Such permits shall be limited as to time of service, but shall not be permitted for more than 180 days. The building official is authorized to grant extensions for demonstrated cause.

B. Temporary structures and uses shall conform to the structural strength, fire safety, means of egress, accessibility, light, ventilation, and sanitary requirements of this code as necessary to ensure the public health, safety, and general welfare.

C. The building official is authorized to terminate such permit for a temporary structure or use and to order the temporary structure or use to be discontinued.

D. The Building official may authorize unheated tents and yurts under 500 sq ft accommodating an R-1 Occupancy for recreational use as a temporary structure and allow them to be used indefinitely.

20.02.155 Fees.

A. A permit shall not be valid until the fees prescribed by Tables 20.02.155 A, B, C, D, and E and the current city fee resolution have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid.

EXCEPTION: When an area of the city has been deemed a disaster area by either the local, state, or federal authorities, any structures damaged by storms, floods, landslides, earthquakes, fires, or other natural disasters shall have all permit and plan review fees

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waived for the purposes of repairing or rebuilding the damaged structures (with the exception of state surcharge fees).

B. On buildings, structures, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by the applicable governing authority.

C. When submittal documents are required by BMC 20.02.145, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. The building official may have the option to charge a deposit in lieu of the full plan review fee if the full amount is not known at the time. Any plan review deposit shall be applied toward the total plan review fee owed. The actual permit fees and related plan review fee shall be determined upon completion of the plan review and the balance owing shall be paid at the time of permit issuance. The plan review fee shall be a separate fee from the permit fees specified in this section and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in BMC 20.02.145, an additional plan review fee may be charged.

D. The city has established a basic plan program, the purpose of which is to allow for an expedited review process for plans that are intended to remain unchanged but used multiple times. Options are allowed to be submitted with the initial registering of the basic plan to accommodate a variation of building styles using the basic plan. When plans are submitted under the jurisdiction’s basic plan program, a plan review fee shall be paid at the time of application for a basic plan. The building official may have the option to charge a partial deposit in lieu of the full plan review fee. All portions of fees paid as a deposit amount shall be applied to the total plan review fees owed. The applicant shall be required to pay the balance of amount owed for the plan review.

Valuations used to compute the permit fees shall include all options submitted with a basic plan. When a basic plan consists of a number of plan options that can produce any number of similar but different buildings, the building official may charge plan review fees based on each different building configuration. Plan review fees shall be paid for at the time of application for a building permit. The building official may have the option to charge a partial deposit in lieu of the full plan review fee. All portions of fees paid as a deposit

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amount shall be applied to the total plan review fees owed. The applicant shall be required to pay the balance of amount owed for the plan review. The plan review fees specified in this subsection are separate fees from the permit fees and are in addition to the permit fees.

Once a basic plan and associated options are reviewed, approved and registered, changes or revisions to that plan are not permitted without requiring the plan to be resubmitted as a new registered plan and pay full new fees.

Once a permit is issued for a basic plan, no revisions will be permitted except for minor field changes. For the purposes of this section, the term “minor field changes” shall include the relocation of nonbearing partitions, relocated window openings, or other changes which do not include an increase in floor area, deviations to any structural elements, materials, or design components. Changes other than minor field changes will be considered major changes and require the permit holder to resubmit those changes as a new submittal and pay a revision fee.

E. The applicant for a permit shall provide an estimated permit value at time of application. The determination of value or valuation under any of the provisions of this code shall be made by the building official. The latest building valuation data, contained in the February or August edition of the Building Safety Journal publication building valuation data table published by the International Code Council, shall be used to determine building valuations for the various building types and occupancies noted in that table. Regional modifiers shall not be applicable. When a specific building type or occupancy is not noted in the valuation table, the building official is authorized to use any of the classification types noted in the table that most closely resembles the proposed type of building, or determine a valuation type independently.

F. Any person who commences any work on a building, structure, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to the special investigation fee in an amount as provided for in BMC 20.02.161, Special investigation fees.

G. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall

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not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law.

H. The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before the plan review is commenced. The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days from the date of fee payment.

I. Green Building Permit Fee Rebate. A percentage of the building permit fees set forth in Table 20.02.155 A shall be rebated to applicants who achieve and provide verification of green building certification under the Leadership in Energy and Environmental Design, National Green Building Standard, Built Green (Three Star level or higher), or other certification programs as approved by the community development director, as follows:

1. At least basic or lowest level of certification, or at least Three Star level of Built Green, rebate 10 percent of permit fees;

2. Highest level of certification, rebate 50 percent of permit fees.

TABLE 20.02.155 A – BUILDING PERMIT FEES

TOTAL FEE VALUATION1

$1.00 to $500.00 $28.50

$501.00 to $28.50 for the first $500.00 plus $3.65 for each $2,000 additional $100.00, or fraction thereof, to and including $2,000

$2,001 to $83.00 for the first $2,000 plus $16.80 for each $25,000 additional $1,000, or fraction thereof, to and including $25,000

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TABLE 20.02.155 A – BUILDING PERMIT FEES

$25,001 to $470.00 for the first $25,000 plus $12.00 for each $50,000 additional $1,000, or fraction thereof, to and including $50,000

$50,001 to $772.50 for the first $50,000 plus $8.40 for each $100,000 additional $1,000, or fraction thereof, to and including $100,000

$100,001 to $1,192.50 for the first $100,000 plus $6.75 for each $500,000 additional $1,000, or fraction thereof, to and including $500,000

$500,001 to $3,878.50 for the first $500,000 plus $5.75 for each $1,000,000 additional $1,000, or fraction thereof, to and including $1,000,000

$1,000,001 and $6,730.50 for the first $1,000,000 plus $4.50 for each up additional $1,000, or fraction thereof

Other Fees3and 4:

1. Inspections outside of normal business hours (per $163.00 hour)5

2. Reinspection fee4, 5 $163.00

3. Inspection for which no fee is specifically indicated $163.00 (per hour)5

4. Additional plan review required by changes, additions $163.00 or revisions (per hour)3

5. Re-roof (single-family residence) $125.00

6. Use of outside consultants for plan checking or Hourly inspections: Actual costs2, 4

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TABLE 20.02.155 A – BUILDING PERMIT FEES

7. Mobile home replacement/installation $291.00

8. Moved building (pre-move inspection) $259.00

1 Valuation is determined based on the estimated cost submitted by the applicant, or the data contained in the latest edition of the Building Safety Journal building valuation data table published by the International Code Council, whichever results in a higher valuation.

2 Actual costs include fees for consultant services, plus administrative and overhead costs.

3 Plan review fee is equal to 65% of the permit. It includes the initial plan review and two re-reviews. Any subsequent reviews after the third review will result in a $163.00/hour charge for additional review services.

4 For all permits, plan reviews, revisions, reinspection fees, and other inspections, a five percent technology surcharge is applied to the total fee for services.

5 Inspection services include one initial inspection for each type of inspection and/or area to be inspected (if inspected in phases/sections), and one reinspection to address items requiring correction during the initial inspection. If items are not completed at the reinspection, the inspector may issue a reinspection fee for any subsequent inspections necessary to address the remaining items. The inspector may also issue a reinspection fee if a project has requested an inspection and is not ready at the time of inspection. In instances where reinspection fees have been assessed, no additional inspection of the work shall be provided by the city until the required fees are paid.

TABLE 20.02.155 B – MECHANICAL PERMIT 1

1 See Res. 1383, adopting the 2019 fee schedule Set forth in fee schedule resolution adopted by city council.

TABLE 20.02.155 C – PLUMBING PERMIT FEES 1

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1 See Res. 1383, adopting the 2019 fee schedule Set forth in fee schedule resolution adopted by city council.

TABLE 20.02.155 D – GRADING PLAN REVIEW FEES 1

1 Set forth in fee schedule resolution adopted by city council. See BMC 18.05.200 and Res. 1383, adopting the 2019 fee schedule.

TABLE 20.02.155 E – GRADING PERMIT FEES 1

1 Set forth in fee schedule resolution adopted by city council. See BMC 18.05.200 and Res. 1383, adopting the 2019 fee schedule.

20.02.160 Inspections.

A. Construction or work for which a permit is required shall be subject to inspection by the building official and such construction or work shall remain accessible and exposed for inspection purposes until approved. Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Inspections presuming to give authority to violate or cancel the provisions of this code or of other ordinances of the jurisdiction shall not be valid. It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the building official nor the jurisdiction shall be liable for expense entailed in the removal or replacement of any material required to allow inspection.

B. Before issuing a permit, the building official is authorized to examine or cause to be examined buildings, structures, and sites for which an application has been filed.

C. Manufacturer’s installation instructions, as required by this code, shall be available on the job site at the time of inspection.

D. The building official, upon notification, shall make the following inspections:

1. Footing and Foundation Inspection. Footing and foundation inspections shall be made after poles or piers are set or trenches or basement areas are excavated and all required hold-down anchor bolts, hold-down straps, any forms erected, and any

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required reinforcing steel is in place and supported. The foundation inspection shall include excavation for thickened slabs intended for the support of bearing walls, partitions, structural supports, or equipment and special requirements for wood foundations. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with ASTM C 94, the concrete need not be on the job.

2. Concrete Slab and Under-Floor Inspection. Concrete slab and under-floor inspections shall be made after in-slab or under-floor reinforcing steel and building service equipment, conduit, slab insulation, piping accessories and other ancillary equipment items are in place, but before any concrete is placed or floor sheathing installed, including the subfloor.

3. Lowest Floor Elevation. In flood hazard areas, upon placement of the lowest floor, including the basement, and prior to further vertical construction, the elevation certification required in IBC Section 1612.5 or IRC Section R323 shall be submitted to the building official.

4. Exterior Wall Sheathing Inspection. Exterior wall sheathing shall be inspected after all wall framing is complete, strapping and nailing is properly installed, but prior to being covered.

5. Roof Sheathing Inspection. The roof sheathing shall be inspected after all roof framing is complete. No roof coverings shall be installed until inspections are made and approved.

6. IMC/IPC/GAS/NEC Rough In Inspection. Rough in mechanical, gas piping, plumbing and electrical shall be inspected when the rough in work is complete and, if required, under test. No connections to primary utilities shall be made until the rough in work is inspected and approved.

7. Flashing and Exterior Weather Barrier Inspection. Flashing and exterior weather barrier inspections shall be made after flashing and weather barrier materials have been installed, but prior to any of the work being covered. Subject to the approval of the building official, periodic inspections may be made during the course of construction.

Exception: Where special inspection is authorized by the Building Official

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Multi-unit residential building enclosure inspection.

Chapter 64.55 RCW, requires affected multi-unit residential buildings to provide a building enclosure inspection performed by a third-party, independent, and qualified inspector during the course of initial construction and during rehabilitative construction. The City does not verify the qualifications of the inspector or determine whether the building enclosure inspection is adequate or appropriate. However, the City is prohibited from issuing a certificate of occupancy for the building until the inspector prepares a report and submits to the building department a signed letter certifying that the building enclosure has been constructed in substantial compliance with the building enclosure design documents. Reference Chapter 64.55 RCW for additional requirements.

Where balconies or other elevated walking surfaces are exposed to water from direct or blowing rain, snow or irrigation, and the structure framing is protected by an impervious moisture barrier, all elements of the impervious moisture barrier system shall not be concealed until inspected and approved.

8. EFIS, lath, gypsum board, and gypsum panel product inspections shall be made after backing, lathing or gypsum board and gypsum panel products, interior and exterior, are in place, but before any plastering is applied or gypsum board and gypsum panel product joints and fasteners are taped and finished.

Exception: Interior gypsum board and gypsum panel products that are not part of a fire-resistance-rated assembly or a shear assembly.

9.7 Frame Inspection. Framing inspections shall be made after the roof deck, wall sheathing, all framing, fire blocking and bracing are in place and pipes, chimneys and vents to be concealed are complete and the rough electrical, plumbing, fire suppression piping, heating wires, pipes and ducts are approved and the building is substantially dried in.

8. Flashing and Exterior Weather Barrier Inspection. Flashing and exterior weather barrier inspections shall be made after flashing and weather barrier materials have

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been installed, but prior to any of the work being covered. Subject to the approval of the building official, periodic inspections may be made during the course of construction.

9. Lath Inspection and Gypsum Board Inspection. Lath and gypsum board inspections shall be made after lathing and gypsum board, interior and exterior, is in place, but before any plastering is applied or gypsum board joints and fasteners are taped and finished.

EXCEPTION: Gypsum board that is not part of a fire-resistance-rated assembly or a shear assembly.

10. Fire- and Smoke-Resistant Penetrations. Protection of joints and penetrations in fire-resistance-rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved.

20.02.161 Special investigation fees.

For construction activities or projects where no permit has been obtained, this fee includes an interruption of service penalty due to the need to cease work on other permitted projects to address the item(s) not permitted. Such fees shall be as follows:

A. Work conducted without a valid/current permit:

1. A permit fee equal to the original permit fee or at least three times the current hourly rate charged for the city inspector, whichever is the greater amount.

B. Projects with a valid permit, but where work continued beyond the point of permit approval and/or where work was obscured or covered without inspection:

1. Full cost recovery of city services at an amount equal to three times the current hourly rate for a city inspector.

20.02.165 Energy efficiency inspections.

A. Envelope inspections shall include the following:

1. Wall insulation inspection: to be made after all wall insulation and air vapor retarder sheet or film materials are in place, but before any wall covering is placed.

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2. Glazing inspection: to be made after glazing materials are installed in the building.

3. Exterior roofing insulation: to be made after the installation of the roof insulation, but before concealment.

4. Slab/floor insulation: to be made after the installation of the slab/floor insulation, but before concealment.

B. Mechanical system inspections shall include the following:

1. Mechanical equipment efficiency and economizer: to be made after all equipment and controls required by this code are installed and prior to the concealment of such equipment or controls.

2. Mechanical pipe and duct insulation: to be made after all pipe, fire suppression piping and duct insulation is in place, but before concealment.

C. Lighting equipment and controls inspections shall include the following:

1. Lighting equipment and controls: to be made after the installation of all lighting equipment and controls required by this code, but before concealment of the lighting equipment.

2. Motor inspections: to be made after installation of all equipment covered by this code, but before concealment.

20.02.170 Re-inspections.

The building official may require a structure or portions of work to be re-inspected. A reinspection fee may be assessed for each inspection or re-inspection when such portion of work for which the inspection was requested is not complete; or when previous corrections called for are not made; or when duplicate inspections for the same work are requested which result in additional time or resources expended; or when the approved plans and permit are not on-site in a conspicuous or pre-approved location; or when the building is not accessible. In instances where re-inspection fees have been assessed, no additional inspection of the work shall be provided by the city until the required fees are paid.

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20.02.175 Other inspections.

In addition to the inspections specified above, the building official is authorized to make or require other inspections of any construction work to ascertain compliance with the provisions of this code and other laws that are enforced by the department of building safety.

20.02.180 Special inspections.

In addition to the inspections noted above, the building official is authorized to require special inspections for any type of work related to the technical codes by an approved agency at no cost to the jurisdiction.

20.02.185 Final inspection.

The final inspection shall be made after all work required by the building permit is completed.

20.02.190 Inspection agencies.

The building official is authorized to accept reports of approved inspection agencies, provided such agencies satisfy the requirements as to qualifications and reliability, and prior approval by the building official has been granted.

20.02.195 Inspection requests.

It shall be the duty of the holder of the building permit or their duly authorized agent to notify the building official when work is ready for inspection. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code.

20.02.200 Approval required.

Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the building official. The building official, upon notification, shall make the requested inspections and shall either indicate the portion of the construction that is satisfactory as completed, or notify the permit holder or the permit holder’s agent wherein the same fails to comply with this code. Any portions that do not

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comply shall be corrected and such portion shall not be covered or concealed until authorized by the building official.

20.02.205 Certificate of occupancy.

A. Use and Occupancy. No building or structure shall be used or occupied, and no change in the existing occupancy classification of a building or structure or portion thereof shall be made, until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction.

B. Certificate Issued. After the building official inspects the building or structure and finds no violations of the provisions of this code or other laws that are enforced by the building department, the building official shall issue a certificate of occupancy that contains the following:

1. The building permit number;

2. The address of the structure;

3. The name and address of the owner;

4. Project name;

5. A statement that the described portion of the structure has been inspected for compliance with the requirements of this code for the occupancy and division of occupancy and the use for which the proposed occupancy is classified;

6. The name of the building official;

7. The edition of the code under which the permit was issued;

8. The use and occupancy;

9. The type of construction;

10. The design occupant load;

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11. If an automatic sprinkler system is provided, whether the sprinkler system is required;

12. Any special stipulations and conditions of the building permit.

20.02.210 Temporary Certificate of Occupancy Phased Certificate of Occupancy.

The building official is authorized to issue a phased certificate of occupancy before the completion of the entire work covered by the permit; provided, that such portion or portions shall be occupied safely. The building official is authorized to require, in addition to the completion of life safety building components, any or all accessibility components. The building official shall set a time period during which the phased certificate of occupancy is valid. The building official is authorized to require that a performance bond, in a form approved by the City Attorney, be posted with the City in an amount equal to 150 percent of the incomplete work as determined by the design professional. The bond shall only be released upon final approval by the City of the work. For a phased certificate of occupancy to be issued, the City must first receive authorization, in a form approved by the City Attorney, to enter onto the property to complete, with the funds guaranteed by the performance bond or at the applicant’s cost, all work that remains incomplete at the expiration of the phased certificate of occupancy. It shall be unlawful for any occupancy to occur without a certificate of occupancy. The building official shall not authorize temporary occupancy.

20.02.215 Revocation of certificate of occupancy.

The building official is authorized to, in writing, suspend or revoke a certificate of occupancy or completion issued under the provisions of this code wherever the certificate is issued in error, or on the basis of incorrect information supplied, or where it is determined that the building or structure, or portion thereof, is in violation of any ordinance or regulation or any of the provisions of this code. For the purposes of this section, “certificate of occupancy” includes a “phased certificate of occupancy.”

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20.02.220 Service utilities.

No person shall make connections from a utility, source of energy, fuel, or power to any building or system that is regulated by this code for which a permit is required, until released by the building official.

The building official shall have the authority to authorize the temporary connection of the building or system to the utility source of energy, fuel, or power.

The building official shall have the authority to authorize disconnection of utility service to the building, structure or system regulated by this code and the codes referenced in case of emergency where necessary to eliminate an immediate hazard to life or property, or when such utility connection has been made without the required approval. The building official shall notify the serving utility, and wherever possible the owner and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner or occupant of the building, structure or service system shall be notified in writing as soon as practical thereafter.

20.02.225 Board of Appeals.

A. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be appointed by the city manager and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business. The building official may assist as staff for the board and may participate fully in proceedings before the board but shall have no vote on any matter before the board.

B. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form of construction is proposed (for the purposes of this section, an “equally good or better form of construction” shall mean that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety). The board of appeals is limited to substantive code issues. It shall have no appellate authority concerning interpretation of the administrative provisions of

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this code nor shall the board have the authority to waive requirements of either this code or of other codes, appendices and referenced code standards adopted by or through this code.

C. The board of appeals shall consist of three members who are qualified by experience and training to pass on matters pertaining to building construction and are not employees of the jurisdiction.

D. Requests for an appeal hearing before the board under the codes set forth in A of this section shall be filed with the city clerk’s office within 14 calendar days following issuance of the building official’s written decision. The clerk shall forward to the city manager a list of 10 persons to serve as prospective board members, which have been suggested by the building official as qualified by experience and training to hear the individual appeal. No employee of the city may serve on the board. The city manager shall choose three persons from the list to serve as members of the board of appeals, for the purpose and duration of the specific appeal.

E. All hearings of the board shall be recorded or reported. All decisions and findings of the board shall be rendered in writing.

F. The board’s written decision shall be the final decision of the city on the matters addressed. A party aggrieved by the written decision of the board must timely appeal the decision to the superior court pursuant to the Land Use Petition Act, Chapter 36.70C RCW. Requests for board of appeals reconsideration shall not stay any applicable limitations period.

20.02.230 Violations.

It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, move, remove, demolish or occupy any building, structure or equipment regulated by this code, or cause same to be done, in conflict with or in violation of any of the provisions of this code.

The building official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure in violation of the provisions of this code, or in violation of a permit or certificate issued under the provisions of this code.

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Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.

If the notice of violation is not complied with in the time prescribed by such notice, the building official is authorized to request the legal counsel of the jurisdiction to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the building or structure in violation of the provisions of this code or of the order or direction made pursuant thereto.

Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law.

20.02.235 Stop work order.

Whenever the building official finds any work being performed in a manner either contrary to the provisions of this code or other pertinent laws or ordinances implemented through the enforcement of this code, the building official may issue a stop work order.

At the building official’s discretion, the stop work order shall either be in writing or through electronic communication and shall be sent or given to the owner of the subject property, or to the owner’s agent, or to the person doing the work.

Upon issuance of a stop work order, the work cited in the order shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work will be permitted to resume. If a stop work order is issued, the special investigation fee, pursuant to BMC 20.02.161, shall be assessed. Any person who continues work subject to the order, except such work as that person is directed by the city to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.

20.02.240 Unsafe structures and equipment.

Structures or existing equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and

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ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings or the 1997 Edition of the Uniform Housing Code. A vacant structure that is not secured against entry shall be deemed unsafe.

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Exhibit B Amendments to Ch. 20.04 BMC

Sections: 20.04.015 International Building Code adopted. 20.04.035 Add new Section 911.2 to the International Building Code. 20.04.040 Section 1608.1 of the International Building Code amended. 20.04.050 Section 3002.4 of the International Building Code amended. 20.04.060 Section 3410.1 of the International Building Code amended. 20.04.065 Appendix Chapter E of the International Building Code adopted. 20.04.070 Appendix Chapter H of the International Building Code adopted. 20.04.075 Appendix Chapter J of the International Building Code adopted. 20.04.080 International Residential Code adopted. 20.04.085 International Residential Code Table R301.2(1) amended. 20.04.098 Appendix Chapter R of the International Residential Code adopted. 20.04.100 International Mechanical Code adopted. 20.04.105 National Fuel Gas Code (NFPA 54) adopted. 20.04.110 Liquefied Petroleum Gas Code (NFPA 58) adopted. 20.04.115 International Fuel Gas Code adopted. 20.04.120 Uniform Plumbing Code adopted. 20.04.125 International Energy Conservation Code adopted. 20.04.130 International Existing Building Code adopted. 20.04.132 International Swimming Pool and Spa Code adopted. 20.04.135 Uniform Code for the Abatement of Dangerous Buildings adopted. 20.04.140 Uniform Housing Code adopted. 20.04.145 Documents to be filed and available for public inspection. 20.04.150 Violation – Penalty.

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20.04.015 International Building Code adopted.

The 20185 Edition of the International Building Code as adopted by the State Building Code Council in Chapter 51-50 WAC, as published by the International Code Council, excluding Chapter 1, is adopted.

20.04.035 Add new Section 911.2 to the International Building Code.

Section 911.2 is added to the International Building Code:

911.2 Penetrations. Penetrations into and openings through a fire command center are prohibited except for required exit doors, equipment and ductwork necessary for heating, cooling or ventilation, sprinkler branch line piping, electrical raceway for fire department communication and control and electrical raceway serving the fire command center or being controlled from the fire command center. Such penetrations shall be protected in accordance with Section 714.

EXCEPTION: Metallic piping with no joints or openings.

20.04.040 Section 1608.1 of the International Building Code amended.

Section 1608.1 of the International Building Code is amended to read as follows:

1608.1 General. Design snow loads shall not be less than 25 psf, but design roof loads shall not be less than that determined by Section 1607.

20.04.050 Section 3002.4 of the International Building Code amended.

Section 3002.4 of the International Building Code is amended to read as follows:

3002.4 Elevator car to accommodate ambulance stretcher. Where elevators are provided in buildings four or more stories above, or four or more stories below, grade plane, or in any R or I occupancy building provided with an elevator regardless of the number of stories, at least one elevator shall be provided for fire

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department emergency access to all floors. The elevator car shall be of such a size and arrangement to accommodate a 26-inch by 86-inch (661 mm by 2185 mm) 24-inch by 84-inch (610 mm by 1930 mm) ambulance stretcher in the horizontal, open position and shall be identified by the international symbol for emergency medical services (star of life). The symbol shall not be less than 3 inches (76 mm) high and shall be placed inside on both sides of the hoistway door frame.

20.04.060 Section 3410.1 of the International Building Code amended.

Section 3410.1 of the International Building Code is amended to read as follows:

3410.1 Moved Buildings. Before any building or structure shall be moved into or within the city of Bothell, such building or structure shall first be inspected by the building official at the site originally occupied. Approval for moving the building or structure shall be conditioned upon it being placed on a permanent foundation within 90 days from the date it is moved into or within the city and shall further be conditioned upon meeting the requirements of this section within a time period set by the city building official, which shall not exceed six months from the date of moving.

The fee for a pre-move inspection of a building or structure shall be as established by resolution of the city. This fee shall not relieve the applicant from the duty to obtain permits for moving buildings upon roads and highways from the appropriate authorities. The permit fee for the construction of a new foundation, enlargement or remodeling of the move-in building shall be in addition to the fee described in this section.

In addition to a pre-move inspection the applicant shall comply with all other relevant city approval and permit procedures. To ensure compliance, prior to moving any building or structures into or within the city, the applicant shall file a bond or other suitable security in an amount equal to 125 percent of the approved estimated cost of all site improvements required for site approval and the

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estimate to bring the building or structure into compliance specified by the building official.

In the event conditions of compliance are not completed by the time period specified herein, and no extension for completion is requested by the applicant and granted by the city council, the city shall enforce bonds posted pursuant to any and all legal and equitable remedies.

In the case where a bond has been posted to ensure compliance with the pre- building inspection requirements, the bond may be used to secure, demolish, or remove such structure. In the event the city is required to bring suit to enforce a bond posted pursuant to this section, the applicant and bonding company shall be responsible for any costs and attorney’s fees incurred by the city as a result of said action.

20.04.065 Appendix Chapter E of the International Building Code adopted.

Appendix Chapter E, Supplementary Accessibility Requirements, is herein adopted.

20.04.070 Appendix Chapter H of the International Building Code adopted.

Appendix Chapter H, Signs, is herein adopted.

20.04.075 Appendix Chapter J of the International Building Code adopted.

Appendix Chapter J, Grading, is herein adopted.

20.04.080 International Residential Code adopted.

The 20185 Edition of the International Residential Code, as adopted by the State Building Code Council in Chapter 51-51 WAC, as published by the International Code Council, excluding Chapters 1, 11 and 25 through 43, is adopted.

20.04.085 International Residential Code Table R301.2(1) amended.

Table R301.2(1) of the International Residential Code is amended to read as follows:

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Climatic and Geographic Design Criteria IRC Table R301.2(1)

Roof Wind Seismic Subject To Damage From Winter Ic e Flood Air Mean

and Speedd Design Design Barrier Hazardsg Freezing Annual Weatheringa Frost Ter mite c Ground ( mph) Categoryf Temp e Under- Indexi Temp j Line Snow layment Depthb Load Requiredh

( PSF)

25 110 D2 Moderate 12'' Slight to 26 No See BMC 145 50 Moderate

For SI: 1 pound per square foot = 0.0479 kN/m2, 1 mile = 1.609 km/h. a. Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The weathering column shall be filled in with the weathering index (i.e., “negligible,” “moderate” or “severe”) for concrete as determined from the Weathering Probability Map [Figure R301.2(3)]. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652. b. The frost line depth may require deeper footings than indicated in Figure R403.1(1). The jurisdiction shall fill in the frost line depth column with the minimum depth of footing below finish grade. c. The jurisdiction shall fill in this part of the table to indicate the need for protection depending on whether there has been a history of local subterranean termite damage. d. The jurisdiction shall fill in this part of the table with the wind speed from the basic wind speed map [Figure R301.2(4)]. Wind exposure category shall be determined on site-specific basis in accordance with Section R301.2.1.4.

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e. The outdoor design dry-bulb temperature shall be selected from the columns of 97 1/2-percent values for winter from Appendix D of the International Plumbing Code. Deviations from the Appendix D temperatures shall be permitted to reflect local climates or local weather experience as determined by the building official. f. The jurisdiction shall fill in this part of the table with the Seismic Design Category determined from Section R301.2.2.1. g. The jurisdiction shall fill in this part of the table with (a) the date of the jurisdiction’s entry into the National Flood Insurance Program (date of adoption of the first code or ordinance for management of flood hazard areas), (b) the date(s) of the currently effective FIRM and FBFM, or other flood hazard map adopted by the community, as may be amended. h. In accordance with Sections R905.2.7.1, R905.4.3.1, R905.5.3.1, R905.6.3.1, R905.7.3.1 and R905.8.3.1, where there has been a history of local damage from the effects of ice damming, the jurisdiction shall fill in this part of the table with “YES.” Otherwise, the jurisdiction shall fill in this part of the table with “NO.” i. The jurisdiction shall fill in this part of the table with the 100-year return period air freezing index (BF-days) from Figure R403.3(2) or from the 100-year (99%) value on the National Climatic Data Center data table “Air Freezing Index-USA Method (Base 32° Fahrenheit)” at www.ncdc.noaa.gov/fpsf.html. j. The jurisdiction shall fill in this part of the table with the mean annual temperature from the National Climatic Data Center data table “Air Freezing Index-USA Method (Base 32° Fahrenheit)” at www.ncdc.noaa.gov/fpsf.html.

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Climatic and Geographic Design Criteria IRC Table R301.2(1)

ROOF SNOW WIND SEISMIC SUBJECT TO DAMAGE FROM OUTDOOR ICE BARRIER FLOOD AIR ME AN L O AD a DESIGN DESIGN UNDERLAYMEN HAZARD FREZIN ANNUA Speed Topographic Special Windborn Weatheringc Frost line Termite (psf) b CATEGORY TEMP (F) - T REQUIRED G L TEMP effectsb wind e debris depth (mph) Heat/Cool INDEX i 25 110 Yes No No D2 Moderate 12” Slight to 83/24 No See BMC 113 53 Moderat

MANUAL J DESIGN CRITERIA

Elevation Latitude Winter Summer Altitude Indoor design Design temperature Heating heatin cooling correction factor temperature cooling temperature

o o o o o o 338 feet 47 34’39’’ 72 F max 75 F min 0.99 72 F 75 F 48 F

Cooling Wind Wind Coinciden Daily Winter Summer temperature difference velocity velocity t wet range humidity humidity heating cooling bulb 8oF N.A. N.A. 66 Medium 75% 68%

a This is the minimum roof snow load. When using this snow load it will be left to the engineer’s judgment whether to consider drift or sliding snow. However, rain on snow surcharge of 5 psf must be considered for roof slopes less than 5 degrees. b Wind exposure category and Topographic effects (Wind Speed-up Kzt factor) shall be determined on a site-specific basis by the Engineer of Record (components and cladding need not consider topographic effects unless otherwise determined by the engineer of record). c Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652.

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20.04.098 Appendix Chapter R of the International Residential Code adopted.

Appendix R, Dwelling Unit Fire Sprinkler Systems, is herein adopted.

20.04.100 International Mechanical Code adopted.

The 20185 Edition of the International Mechanical Code, as adopted by the State Building Code Council in Chapter 51-52 WAC, as published by the International Code Council, excluding Chapter 1, is adopted.

20.04.105 National Fuel Gas Code (NFPA 54) adopted.

The National Fuel Gas Code, as adopted by the State Building Code Council in Chapter 51-52 WAC, as published by NFPA, is adopted.

20.04.110 Liquefied Petroleum Gas Code (NFPA 58) adopted.

The Liquefied Petroleum Gas Code, as adopted by the State Building Code Council in Chapter 51-52 WAC, as published by NFPA, is adopted.

20.04.115 International Fuel Gas Code adopted.

The 20185 Edition of the International Fuel Gas Code, as adopted by the State Building Code Council in Chapter 51-52 WAC, as published by the International Code Council, excluding Chapter 1, is adopted.

20.04.120 Uniform Plumbing Code adopted.

The 20185 Edition of the Uniform Plumbing Code, as adopted by the State Building Code Council in Chapters 51-56 and 51-57 WAC, as published by the International Association of Plumbing and Mechanical Officials, excluding Chapter 1, is adopted.

20.04.125 International Energy Conservation Code adopted.

The 20185 International Energy Conservation Code, as adopted by the State Building Code Council in Chapters 51-11C and 51-11R WAC, is herein adopted.

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20.04.130 International Existing Building Code adopted. The 20185 International Existing Building Code (IEBC) is included in the adoption of the International Building Code as provided by IBC Section 101.4.7 and amended in WAC 51- 50-480000, including Appendix A, Guidelines for the Seismic Retrofit of Existing Buildings, excluding Chapter 1, and is adopted.

Moved Buildings. Before any building or structure shall be moved into or within the city of Bothell, such building or structure shall first be inspected by the building official at the site originally occupied. Approval for moving the building or structure shall be conditioned upon it being placed on a permanent foundation within 90 days from the date it is moved into or within the city and shall further be conditioned upon meeting the requirements of this section within a time period set by the city building official, which shall not exceed six months from the date of moving.

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In the case where a bond has been posted to ensure compliance with the pre-building inspection requirements, the bond may be used to secure, demolish, or remove such structure. In the event the city is required to bring suit to enforce a bond posted pursuant to this section, the applicant and bonding company shall be responsible for any costs and attorney’s fees incurred by the city as a result of said action.

20.04.132 International Swimming Pool and Spa Code adopted.

The 2015 International Swimming Pool and Spa Code (ISPSC) is included in the adoption of the International Building Code as provided by IBC Section 3109.1 and amended in WAC 51-50-3109, excluding Chapter 1, and is adopted. The design and construction of swimming pools, spas and other aquatic recreation facilities shall comply with the ISPSC, where the facility is one of the following, except that public swimming pool barriers are regulated by WAC 246-260-031(4):

A. For the sole use of residents and invited guests at a single-family dwelling;

B. For the sole purposes of residents and invited guests of a duplex owned by the residents; or

C. Operated exclusively for physical therapy or rehabilitation and under the supervision of a licensed medical practitioner.

All other “water recreation facilities” as defined in RCW 70.90.110 are regulated under Chapters 246-260 and 246-262 WAC.

20.04.135 Uniform Code for the Abatement of Dangerous Buildings adopted.

The 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings Code, as published by the International Council of Building Officials, is adopted, except that references to the uniform codes shall be replaced with the appropriate technical codes and sections as adopted by this jurisdiction.

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20.04.140 Uniform Housing Code adopted.

The 1997 Edition of the Uniform Housing Code, as published by the International Council of Building Officials, is adopted, except that references to the uniform codes shall be replaced with the appropriate technical codes and sections as adopted by this jurisdiction.

20.04.145 Documents to be filed and available for public inspection.

The codes, appendices, and standards set forth in this chapter shall be filed with the department of community development, building services division, and a copy made available for use and examination by the public, pursuant to RCW 35A.12.140.

20.04.150 Violation – Penalty.

Any person, firm, corporation or organization violating any of the provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than $5,000 or by imprisonment not to exceed 180 days, or both such fine and imprisonment. Every day or portion thereof during which any violation of this chapter occurs or continues shall constitute a separate offense.

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Exhibit C Amendments to Ch. 20.08 BMC

Community Risk Reduction (CRR)

Sections: 20.08.010 Fire District. 20.08.020 Fire Prevention/Community Risk Reduction – Establishment, duties. 20.08.030 Conformance Required 20.08.040 Adoption of the International Fire Code. 20.08.050 International Fire Code – Definitions. 20.08.055 Amendments to Chapter 1, Scope and Administration, of the International Fire Code. 20.08.056 Amendments to Chapter 2, Definitions, of the International Fire Code. 20.08.057 Amendments to Chapter 3, General Requirements, of the International Fire Code. 20.08.058 Amendments to Chapter 4, Emergency Planning and Preparedness, of the International Fire Code. 20.08.059 Amendments to Chapter 5, Fire Service Features, of the International Fire Code. 20.08.060 Amendments to Chapter 6, Building Services and Systems, of the International Fire Code. 20.08.061 Amendments to Chapter 9, Fire Protection and Life Safety Systems, of the International Fire Code. 20.08.062 Amendments to Chapter 10, Means of Egress, of the International Fire Code. 20.08.063 Amendments to Chapter 11, Construction Requirements for Existing Buildings, of the International Fire Code. 20.08.064 Amendments to Chapter 33, Fire Safety During Construction and Demolition, of the International Fire Code.

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20.08.065 Amendments to Chapter 56, Explosives and Fireworks, of the International Fire Code. 20.08.066 Amendments to Chapter 61, Liquefied Petroleum Gases, of the International Fire Code. 20.08.070 Permit Requirements – Additional to those required in fire code. 20.08.080 Permit and Inspection Fees. 20.08.090 Plan Review – Fees. 20.08.100 Violation – Penalties.

20.08.010 Fire district. 20.08.020 Community risk reduction – Establishment, duties. 20.08.030 Fire code official – Appointment. 20.08.040 Fire department access roads and fire lanes. 20.08.050 Adoption of the International Fire Code. 20.08.060 International Fire Code – Definitions. 20.08.070 Permit requirements – Additional to those required in fire code. 20.08.080 Amendments to the 2015 International Fire Code. 20.08.090 Permit and inspection fees. 20.08.100 Plan review – Fees. 20.08.110 Violation – Penalties.

20.08.010 Fire district. The entire area encompassed within the boundaries of the City city, as those boundaries are presently defined, plus any area or areas added to the City city by annexation, less any area which is removed from the City city limits by statutory reduction of City city limits procedures, is established as a fire district.

20.08.020 Community risk reduction Fire prevention/community risk reduction – Establishment, duties. The International Fire Code (IFC) shall be enforced by the community risk reduction – code compliance division in the fire department of the city Fire Prevention/Community Risk Reduction, Code Compliance Division, of the Fire Department of the City, which is

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established and which shall be operated under the supervision of the chief of the fire department Chief of the Fire Department.

20.08.030 Conformance required.

1 From June 4, 1980, all buildings erected, constructed, moved within or into the city shall be of Type IA or IB, Type IIA or IIB, Type IIIA or IIIB, Type IV or Type V as defined in the IBC, and shall meet the requirements of this chapter.

2 All buildings with Group R, Division 1 or 2, Group I, or Group E Occupancies annexed or previously annexed into the City shall have fire detection system plans submitted and approved by the City within two years of the effective date of annexation or the ordinance codified in this chapter, whichever is later. Installation of the fire detection system according to the approved plans shall occur within three years of the effective date of annexation or the ordinance codified in this chapter, whichever is later. The time for installation may be extended, at the discretion of the Fire Code Official, not to exceed a total of five years.

3 The use of any building not complying with the provisions of this chapter and the time schedule set forth in this section shall be terminated.

20.08.030 Fire code official – Appointment. The fire code official in charge of the community risk reduction shall be appointed by the chief of the fire department on the basis of examination to determine the fire code official’s qualifications.

20.08.040 Fire department access roads and fire lanes. Designation and marking of fire lanes shall be governed by the following provisions:

A. Fire Department Access Roads, International Fire Code 2015 Definition:

1. Access during construction, alteration or demolition of a building shall be as approved by the fire code official.

EXCEPTIONS:

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a. Angles of Approach and Departure. The angles of approach and departure for fire apparatus access roads shall be within the limits established by the fire code official based on the fire department’s apparatus.

b. Marking. Where required by the fire code official, approved signs or other approved notices or markings that include the words “NO PARKING – FIRE LANE” shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. Fire lanes shall be designed and constructed as identified in the City of Bothell Design and Construction Standards and Specifications.

B. Fire Lanes. Designation and marking of fire lanes shall be governed by the following provisions:

1. Designation by Fire Code Official. The fire code official is granted authority to designate all or a portion of any roadway, driveway, alleyway, parking lot or other means of vehicular ingress or egress to business, commercial or multifamily structures, whether such ingress or egress is publicly or privately maintained, as a fire lane in the manner set forth in this section.

2. Criteria for Designation. Selection of areas to be designated as fire lanes shall be discretionary with the fire code official and shall be based upon the requirements of the specific site for access by fire, police and other emergency equipment.

3. Notification of Designation. Upon determining that an area should be designated as a fire lane, the fire code official shall notify the owner, or other person or organization having control of said area, of the designation and of the action required to give notice of the designation by painting, posting of signs, symbols or otherwise. The fire code official shall consult with the city attorney before determining by what means notice of the fire lane designation shall be given.

4. Owner to Mark Fire Lanes. The owner or other person or organization having control of the area designated as a fire lane shall, within 14 days after being advised of the fire lane designation, give notice of said designation by painting, posting signs, symbols or such other method as directed by the fire code official. The cost of giving

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notice and maintaining the same shall be borne by the owner or other responsible party.

5. Appeal of Designation. Any person aggrieved by the designation of a fire lane pursuant to this section may appeal said designation to the city council by filing a written notice of appeal with the city clerk within 10 days of issuance of notice of the designation pursuant to subsection (B)(3) of this section. The unexpired portion of the 14-day period established by subsection (B)(4) of this section for marking the area designated as a fire lane shall be suspended until a final determination on the appeal has been rendered by the city council.

6. Parking in Fire Lane Prohibited. No vehicle shall be parked on, or in such a manner as to obstruct, any portion of any roadway, driveway, alleyway, parking area or other means of vehicular ingress or egress designated as a fire lane by the fire code official pursuant to this section when reasonable notice of the designation has been given by signs, painting, symbols or other means.

7. Penalty for Violations. Any person who fails to mark or maintain the marking of a designated fire lane as prescribed in subsection (B)(4) of this section or who parks a vehicle in, or who allows a vehicle to be parked in, or who obstructs, or who allows a vehicle to obstruct a designated fire lane in violation of subsection (B)(6) of this section shall be deemed to have committed an infraction, punishable by a fine of $150.00.

20.08.04020.08.050 Adoption of the International Fire Code. The edition of the International Fire Code currently adopted, and as amended, by the State Building Code Council, as published by the International Code Council, excluding any appendices not specifically adopted below, is hereby adopted by reference, subject to the amendments, additions, and deletions set forth in this chapter. The following appendices to the International Fire Code are hereby adopted:

B – Fire-flow Requirements for Buildings

C- Fire Hydrant Locations and Distribution

E – Hazard Categories

F – Hazard Ranking

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H – Hazardous Materials Management Plan (HMMP) and Hazardous Materials Inventory Statement (HMIS) Instructions

I – Fire Protection Systems – Noncompliant Conditions

K – Construction Requirements for Existing Ambulatory Care Facilities.

The International Fire Code, 2015 Edition (hereinafter “IFC”), as published by the International Code Council, Inc., all of the appendices except D and J and together with the state amendments set forth in full, subject to the amendments, additions and deletions set forth in this chapter, are hereby adopted by reference. One copy of these codes and regulations has been and is on file with the city clerk City Clerk for public inspection; provided, that the purpose of this code is not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this code.

20.08.05020.08.060 International Fire Code – Definitions. As used in this chapter, the following words and phrases have the meanings ascribed to them in this section. Wherever a term is undefined in this chapter or Chapter 1.04 BMC, it shall have its ordinarily accepted meaning such as the context implies. Merriam Webster’s Collegiate Dictionary, 11th Edition, shall be considered as providing ordinarily accepted meanings.

1. “Amusement Building” means a building or portion thereof, temporary or permanent, that contains a system that transports passengers or provides a walkway through a course so arranged that the means of egress are not apparent or distinguished or are not readily available due to the method of transportation through the building or structure. “Amusement Building” shall include but not be limited to Halloween haunted houses, carnival fun houses, halls of mirrors, etc.

2. “Approved” means acceptable to the Fire Code Official.

3. “Automatic,” as applied to fire protection devices, means a device or system providing an emergency function without the necessity for human intervention and activated as a result of a predetermined temperature rise, rate of temperature-rise or combustion products.

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4. “Automatic Fire-extinguishing System” means an approved system of devices and equipment which automatically detects a fire and discharges an approved fire- extinguishing agent onto or in the area of a fire.

5. “Automatic Smoke Detection” means a fire alarm system that has initiation devices that utilize smoke detectors for protection of an area such as a room or space with detectors to provide early warning of fire.

6. “Available Fire Flow” means water that is available in a water system to meet the required fire flow. The available fire flow shall be determined by the water purveyor through actual water flow tests or computer modeling.

7. “Dwelling Unit” means a single unit providing complete, independent living facilities for not more than one family, including permanent provisions for living, sleeping, eating, cooking and sanitation.

8. “FDC” means fire department connections.

9. “Fire Chief” means the Chief of the Fire Department.

10. “Fire Code Official” means the Fire Marshal or their Designee.

11. “Fire Department” means the Fire Department of the City and/or any recognized fire department normally responding into the area, to include private fire brigades organized, trained, and equipped to protect specified property.

12. “Fire Door” means a door and its assembly that is listed for the proposed use, so constructed and assembled in place as to give protection against the passage of fire.

13. “Fire Flow” means the amount of water required to extinguish a fire. For the purpose of this chapter, the requirement shall be established by the Fire Marshal.

14. “Fire Lane” means an area providing unobstructed access from the public right-of- way to fire hydrants, FDC, and building access.

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15. “Governing Body” means the City Council of the City of Bothell.

16. “IRC” and “International Residential Code” each mean the latest edition of the International Residential Code for One- and Two-Family Dwellings promulgated by the International Code Council as adopted by this jurisdiction.

17. “Jurisdiction” and “City” each mean the City of Bothell.

18. “Local Fire Detection System” means an approved system consisting of approved detectors, and audible/visual devices installed throughout a building. These devices shall be connected to an alarm system panel on the premises capable of simultaneously warning all spaces within the building.

19. “Manual Fire Alarm Box” means a manually operated device (Manual Pull Station) used to initiate an alarm signal.

20. “Noncombustible” means a material no part of which, in the form it is used, will ignite when subjected to fire. Any material which liberates flammable gas when heated to any temperature up to 1,380 degrees Fahrenheit for five minutes shall not be considered noncombustible.

21. “Repair Facilities” means aircraft, automotive, or marine facilities where hazardous operations are conducted, to include, but not be limited to, cutting/welding operations, spraying operations, or where other open flame equipment is being utilized.

22. “R-3” means one- and two-family dwellings as identified by the IRC.

23. “Smoke Detection Device” means an assembly, incorporating in one unit a device which detects visible or invisible particles of combustion, the control equipment, and the alarm-sounding device, operated from a power supply either in the unit or obtained at the point of installation.

24. “Sprinkler Piping” means any approved copper, plastic, or steel piping when approved by a listing service, and installed in a manner approved by the manufacturer.

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25. “Point of Information” marks text that is intended for guidance only and which does not have the force of law. A. Wherever the word “jurisdiction” is used in the IFC, it means the city of Bothell.

B. Whenever the words “governing body” are used in the IFC, they mean the city council of the city of Bothell.

C. Wherever a term is undefined in this chapter, or in the IFC adopted herein, such term shall have its ordinary meaning as set forth in the latest edition of “Webster’s International Dictionary of the English Language” (unabridged edition).

D. Whenever the words “fire code official” are used in the IFC, they mean the fire code official or designee.

E. Whenever the words “fire chief” are used in the IFC, they mean the chief of the fire department.

F. Whenever the designation “R-3” is used, it shall also mean one- and two-family dwellings as identified by the International Residential Code.

20.08.070 Permit requirements – Additional to those required in fire code. The city manager, the fire chief and fire code official shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies which shall require permits, in addition to those now enumerated in the code. The fire code official shall post such list in a conspicuous place in the fire code official’s office and distribute copies thereof to interested persons.

20.08.080 Amendments to the 2015 International Fire Code. The 2015 IFC, adopted by this chapter, is amended as follows:

1. Amend subsection 102.7, Referenced codes and standards.

The codes and standards referenced in this code shall be those that are listed in Chapter 80. Such codes and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference as determined or modified by the fire code official. Where differences occur between

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the provisions of this code and the referenced standards, the provisions of this code shall apply.

Point of Information When allowed by the Fire Code official editions of standards not herein referenced may be utilized provided the entire standard is utilized. 2. Add a new Section 105.6.47, Radioactive materials.

A Hazardous Materials operational permit will be required to store or handle at any installation more than one (1) microcurie (37,000 becquerel) of radioactive material not contained in a sealed source or more than one (1) millicurie (37,000,000 becquerel) of radioactive material in a sealed source or sources, or any amount of radioactive material for which a specific license from the Nuclear Regulatory Commission is required.

3. Add a new Section 105.6.49, Positive alarm sequence.

An operational permit is required to operate a Positive Alarm Sequence Account (PAS) as prescribed in NFPA (National Fire Protection Association) 72.

4. Add a new Section 105.6.50, Operational permit.

An operational permit is required to operate an in building radio system.

5. Amend Section 107.6, Overcrowding.

Overcrowding or admittance of any person beyond the approved capacity of a building or a portion thereof shall not be allowed. The fire code official, upon finding any overcrowding conditions or obstructions in aisles, passageways or other means of egress, or upon finding any condition which constitutes a life safety hazard, shall be authorized to direct actions be taken to reduce the overcrowding or to cause the event to be stopped until such condition or obstruction is corrected.

6. Amend Section 307.1.1, Prohibited open burning.

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Open burning shall not be conducted at any time in compliance with a permanent ban on open burning established by the Puget Sound Air Pollution Control Agency in September of 1992.

Point of Information For air quality and burn ban status information and regulations contact the Puget Sound Clean Air Agency at www.pscleanair.org or (206) 689-4088.

7. Amend Section 308.3, Group A occupancies.

Open-flame devices shall not be used in a Group A occupancy. Exceptions: 1. Open-flame devices are allowed to be used in the following situations, provided approved precautions are taken to prevent ignition of a combustible material or injury to occupants: 1.1. Where necessary for ceremonial or religious purposes in accordance with Section 308.1.7. 1.2. On stages and platforms as a necessary part of a performance in accordance with Section 308.3.2. 1.3. Where candles on tables are securely supported on substantial noncombustible bases and the candle flames are protected. 2. Heat-producing equipment complying with Chapter 6 and the International Mechanical Code. 3. Gas lights are allowed to be used provided adequate precautions satisfactory to the fire code official are taken to prevent ignition of combustible materials. 4. Where approved by the Fire code official.

8. Amend subsection 314.4, Vehicles.

Liquid- or gas-fueled vehicles, fueled equipment, boats or other motorcraft shall not be located indoors except as follows: 1. Batteries are disconnected. 2. Fuel in fuel tanks does not exceed one-quarter tank or 5 gallons (19 L) (whichever is least). 3. Fuel tanks and fill openings are closed and sealed to prevent tampering.

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4. Vehicles, boats or other motorcraft, or fueled equipment are not fueled or defueled within the building.

9. Section 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 150 feet (45.7 m) 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 300 feet (91.5 m). 2. For Group R-3 and Group U occupancies equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.2 or 903.3.1.3, the distance requirement shall be 600 feet (183 m).

10. International Fire Code Section 510 added – Emergency Responder Radio Coverage. The International Fire Code is amended to read as follows:

510.1 Emergency responder radio coverage in new buildings. Approved radio coverage for emergency responders shall be provided with buildings meeting any of the following conditions: 1. There are more than five stories above grade plane (as defined by the International Building Code, Section 202); 2. The total building area is 50,000 square feet or more; 3. The total basement area is 10,000 square feet or more; Or 4. There are floors used for human occupancy more than 30 feet below the finish floor of the lowest level of exit discharge.

Radio coverage is based upon the existing coverage levels of the public safety communication systems of the jurisdictions at the exterior of the building. This section shall not require improvements of the existing public safety communication system.

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New Subsection 510.4.2.4 Signal Booster Requirements. If used, signal boosters shall meet the following requirements:

1. All active signal booster components shall be contained in a (NEMA) 4, IP66 - type waterproof cabinet or equivalent. 2. The battery system shall be contained in a (NEMA) 4, IP66-type waterproof cabinet or equivalent. 3. The system shall include automatic alarming of malfunctions of the signal booster and battery system. Any resulting trouble alarm shall be automatically transmitted to an approved central station or proprietary supervising station as defined in NFPA 72 or, when approved by the fire code official, shall sound an audible signal at a constantly attended location. 4. Equipment shall have FCC certification prior to installation.

510.5.3 Acceptance Test procedure. Acceptance testing for an in-building radio amplification system is required, upon completion of installation. It is the building owner’s responsibility to have the radio system tested by qualified personnel to ensure a minimum of 95% two-way coverage on each floor of the building.

A report shall be submitted to the Bothell Fire Department at the conclusion of acceptance testing containing a floor plan and the signal strengths at each location tested and other relevant information. A representative of the Bothell Fire Department may oversee the acceptance test. Acceptance testing is also required whenever changes occur to the building that would materially change the original field performance test. The test procedure shall be conducted as follows:

510.3.3.1 Testing Criteria. Each floor of the building shall be divided into a grid of approximately forty (40) equal areas. A maximum of two (2) nonadjacent areas will be allowed to fail the test. In the event that three (3) of the areas fail the test, the floor may be divided into eighty (80) equal areas in order to be more statistically accurate. In such event, a maximum of four (4) nonadjacent areas will be allowed to fail the test. After the eighty (80) area tests, if the system continues to fail, the building owner shall have the system altered to meet the 95% coverage requirement.

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1. Each floor of the building shall be divided into a grid of approximately forty (40) equal areas. 2. Shall use a two (2) watt, portable transceiver with speaker/microphone, and flexible antenna (or any calibrated device which will produce signal levels useable by the prescribed portable radio). Field strength testing instruments must have been calibrated within one (1) year of the date of the acceptance test. Field strength testing instruments must be of the frequency selective type incorporating a flexible antenna similar to the ones used on the hand held transceivers. City Radio System Manager may designate alternate methods of measuring the signal level, which satisfy appropriate levels of public safety coverage. 3. A maximum of two (2) nonadjacent areas will be allowed to fail the test. 4. In the event that three (3) of the areas fail the test, the floor may be divided into eighty (80) equal areas in order to be more statistically accurate. In such event, a maximum of four (4) nonadjacent areas will be allowed to fail the test. After the eighty (80) area tests, if the system continues to fail, the building owner shall have the system altered to meet the 95% coverage requirement. 5. A spot located approximately in the center of a grid area will be selected for the test, then the radio will be keyed to verify two-way communication to and from the outside of the building through the Regional 800 MHz. Radio System. Once the spot has been selected, prospecting for a better spot within the grid area is not permitted. The gain values of all amplifiers shall be measured and the results kept on file with the building owner so that the measurements can be verified each year during the annual tests. In the event that the measurement results become lost, the building owner will be required to rerun the acceptance test to reestablish the gain values. 6. 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 the measurement results become lost, the building owner shall be required to rerun the acceptance test to reestablish the gain values. 7. 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 time of installation and subsequent annual inspections.

Subsection added 510.5.5 Approval Prior to Occupancy.

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A Certificate of Occupancy will not be issued to any structure if the building fails to comply with Section 510.

Subsection added 510.6.4 Identification. Radio Coverage system shall be identified by a sign located on or near the Fire Alarm Control Panel stating “This building is equipped with an Emergency Responder Radio Coverage System.”

11. Section 903.2, Where required.

Approved automatic sprinkler systems in new or remodeled buildings and structures shall be provided in the locations described in this section and Chapter 20.10 BMC. If there is a conflict between this chapter and Chapter 20.10 BMC, the most restrictive requirement shall apply.

12. Amend Section 5307.5.2, Emergency alarm system.

An emergency alarm system shall comply with all of the following: 1. Continuous gas detection shall be provided to monitor areas where carbon dioxide can accumulate. 2. The threshold for activation of an alarm shall not exceed 5,000 parts per million (9,000 mg/m3). 3. Activation of the emergency alarm system shall initiate a local alarm at the entrance to the room or area in which the system is installed.

13. Section 6104.2 is hereby amended to read as follows:

Maximum capacity within established limits:

Throughout the City limits, the aggregate capacity of any one installation of liquefied petroleum gas shall not exceed five hundred (500) gallons water capacity. This capacity limit may be increased up to, but not to exceed, two thousand (2,000) gallons water capacity if the installation is not within, or closer than, 100 feet of a residential zone and must be approved by the fire code official. In any case, all of the International Fire Code requirements for the size of tank in question must be met.

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EXCEPTION: In the event of annexation, existing installations exceeding five hundred (500) gallons water capacity, but not exceeding two thousand (2,000) gallons water capacity, shall be allowed to continue. Those installations exceeding two thousand (2,000) gallons water capacity shall be allowed to continue for a period of two (2) years from the effective date of annexation. After such time, the container over two thousand (2,000) gallons water capacity shall be emptied in the manner provided by law and removed from service. The container must be lawfully removed from the site within thirty (30) days.

14. Section 5604.1 is amended to read as follows:

Section 5604.1 General. Storage of explosives and explosive materials, small arms ammunition, small arms primers, propellant-actuated cartridges and smokeless propellants in magazines shall conform to the provisions of this section. The storage of Blasting Agents, Detonators, Explosives, Explosive Materials and Special Industrial Explosive Devices is prohibited within the city limits.

EXCEPTION: Approved storage areas in law enforcement facilities and as otherwise provided in the Bothell Municipal Code.

20.08.055 Amendments to Chapter 1, Scope and Administration, of the International Fire Code. The International Fire Code, as adopted by BMC 20.08.040, is hereby amended as follows:

1. Subsection 102.5, Application of Residential Code, is hereby amended to read as follows:

102.5 Application of Residential Code

Where structures are designed and constructed in accordance with the International Residential Code, the provisions of this code shall apply as follows:

1. Construction and Design provisions of this code pertaining to the exterior of the structure shall apply including, but not limited to, premises identification, fire

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apparatus access and water supplies. Where interior or exterior systems or devices are installed, construction permits required by Section 105.7 shall apply.

2. When there is inadequate fire department access (Section 503), inadequate distance to fire hydrants and/or inadequate fire flow (Section 507) and a proposed addition to a dwelling is greater than 25% but less than 50% of the existing total living area, interconnected carbon monoxide and smoke alarm devices* shall be installed in accordance with Section 907.2.11.2 and the IRC Section 315.1 throughout the dwelling provided there is a minimum available fire flow of 1,000 G.P.M. If the available fire flow is less than 1,000 gpm, item #3 shall apply.

*UL 217 listed wireless devices are approved for installation.

3. When there is inadequate fire department access (Section 503), distance to fire hydrants and/or inadequate fire flow (Section 507) and a proposed addition to a dwelling is greater than 50% of the existing total living area an automatic fire sprinkler system installed in accordance with NFPA standard 13D standard shall be installed throughout the dwelling.

4. Administrative, operational, and maintenance provisions of this code shall apply.

2. Subsection 102.7, Referenced Codes and Standards, is hereby amended to read as follows:

102.7 Referenced Codes and Standards

The codes and standards referenced in this code shall be those that are listed in Chapter 80. Such codes and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference as further regulated in subsections 102.7.1 and 102.7.2.

Point of Information

When allowed by the Fire Code official editions of standards not herein

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referenced may be utilized provided the entire standard is utilized.

3. Subsection 102.7.1, Conflicts, is hereby amended to read as follows:

102.7.1 Conflicts

Where conflicts occur between provisions of this code and referenced codes and standards, the provisions of this code shall apply.

4. Subsection 102.7.2, Provisions in Referenced Codes and Standards, is hereby amended to read as follows:

102.7.2 Provisions in Referenced Codes and Standards

Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applicable, shall take precedence over the provisions in the referenced code or standard.

5. Subsection 103.2, Appointment, is hereby amended to read as follows:

103.2 Appointment

The Fire Code Official in charge of the Fire Prevention/Community Risk Reduction Division shall be appointed by the Fire Chief on the basis of examination to determine their qualifications.

6. Subsection 104.10.1, Assistance from other Agencies, 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.

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7. Subsection 104.11.2, Obstructing Operations, is hereby amended to read as follows:

104.11.2 Obstructing Operations

Persons shall not 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 the Fire Department in charge of the emergency, or any part thereof, or any lawful order of a police officer assisting the Fire Department.

8. Subsection 105.6.30, Mobile Food Preparation Vehicles, is hereby amended to read as follows:

105.6.30 Mobile Food Preparation Vehicles

A permit is required for mobile food preparation vehicles equipped with appliances that produce smoke or grease-laden vapors or utilize LP-gas systems or CNG systems. When allowed by the Fire Code Official, reciprocal permits and/or inspections may be allowed.

9. A new subsection 105.6.51, Positive Alarm Sequence, is hereby added to read as follows:

105.6.51 Positive Alarm Sequence

An operational permit is required to operate a PAS (Positive Alarm Sequence) Account as prescribed in NFPA 72.

10. A new subsection 105.7.27, Refrigeration Equipment, is hereby added to read as follows:

105.7.27 Refrigeration Equipment

A construction permit is required to install a mechanical refrigeration unit or system regulated by Chapter 6 of the International Fire Code.

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11. Subsection 108.3, Recordkeeping, is hereby amended to read as follows:

108.3 Recordkeeping

A record of periodic inspections, test, servicing and other operations, repairs and maintenance shall be maintained on the premises or other approved location for not less than 3 years, or a different period of time where specified in this code or referenced standards. Records shall be made available for inspection by the Fire Code Official, and a copy of the records shall be provided to the Fire Code Official upon request.

The Fire Code Official is authorized to prescribe the form and format of such recordkeeping. The Fire Code Official is authorized to require that certain required records be filed as prescribed.

Point of Information: Effective October 1, 2017, all confidence test, repair, and maintenance reports must be filed with the Compliance Engine. ( th li i )

12. Subsection 108.6, Overcrowding, is hereby amended to read as follows:

108.6 Overcrowding

Overcrowding or admittance of any person beyond the approved capacity of a building or a portion thereof shall not be allowed. The Fire Code Official, upon finding any overcrowding conditions or obstructions in aisles, passageways, or other means of egress, or on finding any condition that constitutes a life safety hazard, shall be authorized to direct actions be taken to reduce the overcrowding or to cause the event to be stopped until such condition or obstruction is corrected.

13. Subsection 110.4, Violations, is hereby amended to read as follows:

110.4 Violations

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Any person or persons violating or failing to comply with any of the provisions of this code or failure to comply with any of the requirements thereof or who shall erect, install, alter, repair, or do work in violation of the approved construction documents or directive of the Fire Code Official, or of a permit or certificate used under provisions of this code, shall be subject to a maximum penalty in the amount established in the Bothell Fee Schedule, as adopted by resolution of the City Council, and applied per day for each violation from the date set for compliance until compliance with the order is achieved.

20.08.056 Amendments to Chapter 2, Definitions, of the International Fire Code.

The International Fire Code, as adopted by BMC 20.08.040, is hereby amended as follows:

1. The definition of “High-Rise Building” contained in section 202 is hereby amended to read as follows:

HIGH-RISE BUILDING. A building with an occupied floor or occupied roof located more than 75 ft (22.86 m) above the lowest level of Fire Department vehicle access.

20.08.057 Amendments to Chapter 3, General Requirements, of the International Fire Code.

The International Fire Code, as adopted by BMC 20.08.040, is hereby amended as follows:

1. Subsection 307.1.1, Prohibited Open Burning, is hereby amended to read as follows:

307.1.1 Prohibited Open Burning

Open burning shall not be conducted at any time in compliance with a permanent ban on open burning established by the Puget Sound Air Pollution Control Agency in September of 1992.

EXCEPTIONS:

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1. Recreational Fires.

2. Portable outdoor fireplaces.

Point of Information

For air quality and burn ban status information and regulations contact the Puget Sound Clean Air Agency at www.pscleanair.org or (206) 689-4088.

2. Subsection 307.2, Permit Required, is hereby amended to read as follows:

307.2 Permit Required

A permit is not required for a recreational fire or portable outdoor fireplace.

3. Subsection 307.2.1, Authorization, is hereby deleted and replaced with a new subsection 307.2.1, Bans on Fires Due to Air Quality or Fire Danger, to read as follows:

307.2.1 Bans on Fires due to Air Quality or Fire Danger

If the Puget Sound Clean Air Agency issues a burn ban due to air quality, or if a fire safety burn ban is issued by the Fire Department, then all fires are prohibited. It is the responsibility of the property owner where the fire is to be conducted to ensure no such ban exists prior to starting any fire.

4, Subsection 307.3, Extinguishment Authority, is hereby amended to read as follows:

307.3 Extinguishment Authority

When any fire creates or adds to a hazardous situation, or a required permit has not been obtained, the Fire Code Official is authorized to order the extinguishment of the fire.

5. Subsection 307.4, Location, is hereby amended to read as follows:

307.4 Location

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6. Subsection 307.4.1, Bonfires, is hereby amended to read as follows:

307.4.1 Bonfires

Bonfires are not allowed.

7. Subsection 307.4.2, Recreational Fires, is hereby amended to read as follows:

307.4.2 Recreational Fires

Recreational Fires shall not be conducted within 25 ft (7.62 m) of a structure or combustible material. Conditions which could cause a fire to spread within 25 ft (7.62 m) of a structure shall be eliminated prior to ignition.

8. Subsection 307.4.3, Portable Outdoor Fireplaces, is hereby amended to read as follows:

307.4.3 Portable Outdoor Fireplaces

Portable outdoor fireplaces shall be used in accordance with the manufacturer’s instructions and shall not be operated within 15 ft (4.572 m) of a structure or combustible material.

9. Subsection 307.5, Attendance, is hereby amended to read as follows:

307.5 Attendance

Recreational fires and use of portable outdoor fireplaces shall be constantly attended until the fire is extinguished. A minimum of one portable fire extinguisher complying with IFC Section 906 with a minimum 4-A rating or other approved on- site fire extinguishing equipment, such as dirt, sand, water barrel, garden hose, or water truck, shall be available for immediate utilization.

10. Subsection 308.3, Group A occupancies, is hereby amended to read as follows:

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Open-flame devices shall not be used in a Group A occupancy.

Exceptions:

1. Open-flame devices are allowed to be used in the following situations, provided approved precautions are taken to prevent ignition of a combustible material or injury to occupants:

1.1. Where necessary for ceremonial or religious purposes in accordance with Section 308.1.7.

1.2. On stages and platforms as a necessary part of a performance in accordance with Section 308.3.2.

1.3. Where candles on tables are securely supported on substantial noncombustible bases and the candle flames are protected.

2. Heat-producing equipment complying with Chapter 6 and the International Mechanical Code.

3. Gas lights are allowed to be used provided adequate precautions satisfactory to the Fire Code Official are taken to prevent ignition of combustible materials.

4. Where approved by the Fire Code Official.

11. Subsection 314.4, Vehicles, is hereby amended to read as follows:

314.4 Vehicles

Vehicles, boats, aircraft, or other motorcraft equipment shall not be fueled or defueled within a building. Liquid- or gas-fueled vehicles, fueled equipment, boats, or other motorcraft shall not be located indoors except as follows:

1. Batteries are disconnected.

2. Fuel in fuel tanks does not exceed one-quarter tank or 5 gallons (19 L) (whichever is least).

3. Fuel tanks and fill openings are closed and sealed to prevent tampering.

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20.08.058 Amendments to Chapter 4, Emergency Planning and Preparedness, of the International Fire Code.

The International Fire Code, as adopted by BMC 20.08.040, is hereby amended as follows:

1. A new subsection 401.9, Evacuation Required, is hereby added to read as follows:

401.9 Evacuation Required

In the event of activation of a fire, emergency alarm, or at the direction of the Fire Code Official, occupants of the building or portion of the building in which the alarm is activated shall make a safe and orderly evacuation out of the building, or as provided in the building’s fire safety and evacuation or high-rise emergency operations plan.

EXCEPTIONS:

1. Where the occupant’s physical or other disability make the occupant unable to evacuate without assistance and no assistance is immediately available; or

2. Where the presence of smoke, fire, structural collapse, or other hazards or obstructions in the occupant’s mean of egress make evacuation unsafe.

20.08.059 Amendments to Chapter 5, Fire Service Features, of the International Fire Code.

The International Fire Code, as adopted by BMC 20.08.040, is hereby amended as follows:

1. A new subsection 503.1.1, Buildings and Facilities, is hereby adopted to read as follows:

503.1.1 Buildings and Facilities

Approved fire apparatus access roads shall be provided for every facility, building, or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the

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requirements of this section and shall extend to within 150 ft (45.72 m) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of a building or facility.

EXCEPTIONS:

The Fire Code Official is authorized to increase the dimension of 150 ft (45.72 m) where any of the following conditions occur:

1. The building is equipped throughout with an approved automatic sprinkler system installed in accordance with IFC Section 903.3.1.1, 903.3.1.2, or 903.3.1.3.

1.1 Fire Apparatus roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades, or other similar conditions, and an approved alternate means of fire protection is provided.

1.2 There are not more than two Group R-3 or Group U occupancies.

2. A new subsection 503.1.2, Additional Access, is hereby adopted to read as follows:

503.1.2 Additional Access

The Fire Code Official is authorized to require more than one fire apparatus access road based on the potential impairment of a single road by vehicle congestion, condition of terrain, climate conditions, or other factors that could limit access.

3. A new subsection 503.2, Specifications, is hereby adopted to read as follows:

503.2 Specifications

Fire apparatus access roads shall be installed and arranged in accordance with Subsections 503.2.1 through 503.2.8.

4. A new subsection 503.2.1, Dimensions, is hereby adopted to read as follows:

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503.2.1 Dimensions

Fire apparatus access roads shall have an unobstructed width of not less than 20 ft (6.096 m), exclusive of shoulders and an unobstructed vertical clearance of not less than 13 ft 6 in (4.118 m).

5. A new subsection 503.2.2, Authority, is hereby adopted to read as follows:

503.2.2 Authority

The Fire Code Official shall have the authority to require an increase in the minimum access widths where they are inadequate for fire or rescue operations.

6. A new subsection 503.2.3, Surface, is hereby adopted to read as follows:

503.2.3 Surface

Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all- weather driving capabilities.

7. A new subsection 503.2.4, Turning Radius, is hereby adopted to read as follows:

503.2.4 Turning Radius

The required radius of a fire apparatus access road shall be determined by the Fire Code Official.

8. A new subsection 503.2.5, Dead Ends, is hereby adopted to read as follows:

503.2.5 Dead Ends

Dead-end fire apparatus access roads in excess of 150 ft (45.72 m) in length shall be provided with an approved area for turning around fire apparatus.

9. A new subsection 503.2.5.1, Length of Dead Ends, is hereby adopted to read as follows:

503.2.5.1 Length of Dead Ends

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January 12, 2021 Agenda Packet Page 215 of 292 Dead-end fire apparatus access roads with a length greater than 450 ft (137.16 M) shall not be allowed without the approval of the Fire Code Official and Public Works Director.

10. A new subsection 503.2.6, Bridges and Elevated Surfaces, is hereby adopted to read as follows:

503.2.6 Bridges and Elevated Surfaces

Where a bridge or an elevated surface is part of a fire apparatus access road, the bridge shall be constructed and maintained in accordance with AASHTO HB-17. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of fire apparatus. Vehicle load limits shall be posted at both entrances to bridges where required by the Fire Code Official. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces that are not designed for such use, approved barriers, approved signs, or both shall be installed and maintained where required by the Fire Code Official.

11. A new subsection 503.2.7, Grade, is hereby adopted to read as follows:

503.2.7 Grade

The grade of the fire apparatus access roads shall be within the limits established by the Fire Code Official based on the Fire Department’s apparatus.

12. A new subsection 503.2.8, Angles of Approach and Departure, is hereby adopted to read as follows:

503.2.8 Angles of Approach and Departure

The angles of approach and departure for fire apparatus access roads shall be within the limits established by the Fire Code Official based on the Fire Department’s apparatus. No access roadway or access road approach to a public way shall have an arc higher than 12 inches in less than 20 ft unless additional safeguards are provided.

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January 12, 2021 Agenda Packet Page 216 of 292 13. A new subsection 503.3, Marking, is hereby adopted to read as follows:

503.3 Marking

Where required by the Fire Code Official, approved signs or other approved notices or markings that include the words “NO PARKING – FIRE LANE” shall be provided for fire apparatus access roads to identify such roads ro prohibit the obstruction thereof. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. Fire lanes shall be designed and constructed and maintained as identified in the City of Bothell Design and Construction Standards and Specifications.

14. Subsection 503.6, Security Gate, Bollards, or Other Obstructions, is hereby amended to read as follows:

503.6 Security Gate, Bollards, or Other Obstructions

The installation of security gates, bollards, or other obstructions across a fire apparatus access road shall be reviewed and approved by the Fire Code Official. The use of directional-limiting devices (tire spikes) is prohibited. Where security gates, bollards, or other obstructions are installed, they shall have an approved means of emergency operation. The security gates, bollards, or other obstructions and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed, and installed to comply with the requirements of ASTM F2200 and where required by the Fire Code Official, must be equipped with Click-2-Enter or other authorized equipment that allows for operation of the gate by Fire and Police personnel from their vehicle.

Gates shall be at a minimum as wide as the required access road width. Gates, bollards or other obstructions on commercial properties must be set back 30 feet. from roadway edge of pavement. Where a fence is provided on each side of a gate, a man door shall be provided at an approved location with a Knox Box for access to the man door.

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EXCEPTION:

Automated gates equipped with Click-2-Enter or other authorized equipment that allows for operation of the gate by Fire and Police personnel from their vehicle are not required to be set back 30 ft. from the roadway edge of pavement provided the roadway is not an arterial, residential collector street or a street with lane markers.

15. A new subsection 503.7, Fire Lanes, is hereby adopted to read as follows:

503.7 Fire Lanes

Designation and marking of fire lanes shall be governed by the following provisions:

16. A new subsection 503.7.1, Designation by Fire Code Official, is hereby adopted to read as follows:

503.7.1 Designation by Fire Code Official.

The Fire Code Official is granted authority to designate all or a portion of any roadway, driveway, alleyway, parking lot, or other means of vehicular ingress or egress to business, commercial, or multifamily structures, whether such ingress or egress is publicly or privately maintained, as a fire lane in the manner set forth in this section.

17. A new subsection 503.7.2, Criteria for Designation, is hereby adopted to read as follows:

503.7.2 Criteria for Designation.

Selection of areas to be designated as fire lanes shall be discretionary with the Fire Code Official and shall be based upon the requirements of the specific site for access by Fire, Police, and other emergency equipment.

18. A new subsection 503.7.3, Notification of Designation, is hereby adopted to read as follows:

503.7.3 Notification of Designation.

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January 12, 2021 Agenda Packet Page 218 of 292 Upon determining that an area should be designated as a fire lane, the Fire Code Official shall notify the Owner, or other person or organization having control of said area, of the designation and of the action required to give notice of the designation by painting, posting of signs, symbols or otherwise. The Fire Code Official shall consult with the City Attorney before determining by what means notice of the fire lane designation shall be given.

19. A new subsection 503.7.4, Owner to Mark Fire Lanes, is hereby adopted to read as follows:

503.7.4 Owner to Mark Fire Lanes.

The owner or other person or organization having control of the area designated as a fire lane shall, within 14 days after being advised of the fire lane designation, give notice of said designation by painting, posting signs, symbols or such other method as directed by the Fire Code Official. The cost of giving notice and maintaining the same shall be borne by the owner or other responsible party.

20. A new subsection 503.7.5, Appeal of Designation, is hereby adopted to read as follows:

503.7.5 Appeal of Designation.

Any person aggrieved by the designation of a fire lane pursuant to this section may appeal said designation to the city council by filing a written notice of appeal with the City Clerk within 10 days of issuance of notice of the designation pursuant to subsection 507.3 of this section. The unexpired portion of the 14-day period established by subsection 507.4 of this section for marking the area designated as a fire lane shall be suspended until a final determination on the appeal has been rendered by the City Council.

21. A new subsection 503.7.6, Parking in Fire Lane Prohibited, is hereby adopted to read as follows:

503.7.6 Parking in Fire Lane Prohibited.

No vehicle shall be parked on, or in such a manner as to obstruct, any portion of any roadway, driveway, alleyway, parking area, or other means of vehicular ingress

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January 12, 2021 Agenda Packet Page 219 of 292 or egress designated as a fire lane by the Fire Code Official pursuant to this section when reasonable notice of the designation has been given by signs, painting, symbols or other means.

22. A new subsection 503.7.7, Penalty for Violations, is hereby adopted to read as follows:

503.7.7 Penalty for Violations.

Any person who fails to mark or maintain the marking of a designated fire lane as prescribed in subsection 503.7.4 of this section or who parks a vehicle in, or who allows a vehicle to be parked in, or who obstructs, or who allows a vehicle to obstruct a designated fire lane in violation of subsection 503.7.6 of this section shall be deemed to have committed an infraction, punishable by a fine as set forth in the City’s Fee Schedule adopted by resolution of the City Council.

23. A new subsection 504.4, Buildings with Enclosed Interior Courtyards, is hereby adopted 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 IFC Section 1011 and a corridor shall comply with IFC Section 1020. The access shall have a minimum width of 4 ft, (or as directed by the Fire Marshal), and be large enough to carry a 35 ft sectional ladder (minimum folded length 20 ft) directly from the exterior to the courtyard without obstructions. The access door shall be marked at the street as “Direct access to courtyard”.

24. Subsection 507.2.1, Private Fire Service Mains, is hereby amended to read as follows:

507.2.1 Private Fire Service Mains

All underground piping shall be designed, constructed, and installed in accordance with NFPA 24 – Private Fire Service Mains and NFPA 13 – Water-based Fire

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Protection Systems. In addition to the requirements of these standards, two forms of joint restrain shall be used.

EXCEPTION:

Underground piping that is threaded, welded, heat fused, or utilizes chemical or solvent cemented connections provided that such joints can pass the hydrostatic test without shifting of the piping.

Point of Information Piping systems under the control of utilities providers shall be installed in accordance with the Utilities Engineering Standard.

25. Subsection 507.3, Fire Flow, is hereby amended to read as follows:

507.3 Fire Flow

Fire flow requirements for buildings or portions of buildings and facilities shall be determined by an approved method and shall be in accordance with IFC Appendix B as amended, unless otherwise approved by the Fire Code Official.

Point of Information Fire flow shall be measured in accordance with WAC 246-290-230 and WAC 246-290-420 as now or hereafter amended.

26. Subsection 507.5.1, Where rRequired, 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 the distances established in IFC Appendix C 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:

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1. For Group R-3 and Group U occupancies, the distance requirement shall be shall be as established in IFC Appendix C.

2. For Group R-3 and Group U occupancies equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.2 or 903.3.1.3, the distance requirement shall be as established in IFC Appendix C.

27. Subsection 507.5.2, Inspection, Testing, and Maintenance, is hereby amended to read as follows:

507.5.2 Inspection, Testing, and Maintenance

Fire hydrant systems, including private hydrant systems shall be subject to periodic tests as required by the Fire Marshal. Fire hydrant systems shall be maintained in an operative condition at all times and shall be repaired where defective. Additions, repairs, alterations and servicing shall comply with approved standards. Records of tests and required maintenance shall be maintained. All maintenance records shall be uploaded into www.thecomplianceengine.com.

28. Subsection 510.1, Emergency Responder Radio Coverage in New Buildings, is hereby amended to read as follows:

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;

2. The total building area is 50,000 square feet or more;

3. The total basement area is 10,000 square feet or more;

4. There are floors used for human occupancy more than 30 ft below the finished floor of the lowest level of exist discharge; or

5. The Fire or Police Chief determines that in-building radio coverage is critical because of the unique design, location, use, or occupancy of the building or structure.

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The radio coverage system shall be installed in accordance with 510.4 through 510.5.5 of this code and with the provisions of NFPA 1221. This section shall not require improvements of the existing public safety communication system.

Point of Information When determining if the minimum signal strength referenced 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 Radio System within the building in accordance with Section 510.4.1 without the use of a radio coverage system.

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- and two-family dwellings and townhouses.

29. Subsection 510.4.1, Emergency Responder Communication Enhancement System Signal Strength, is hereby amended to read as follows:

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 95 percent 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, such as the fire command center(s), the fire pump room(s), interior exit stairways, exit passageways, elevator lobbies,

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standpipe cabinets, sprinkler sectional valve locations, and other areas required by the Fire Code Official, shall be provided with 99 % floor area radio coverage.

30. Subsection 510.4.1.1, Minimum Signal Strength in the Building, is hereby amended to read as follows:

510.4.1.1 Minimum Signal Strength into the Building

The minimum inbound signal strength shall be sufficient to provide usable voice communications throughout the coverage area as specified by the Fire Code Official. The inbound signal level shall be a minimum of -95dBm in 95% of the coverage area and 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

31. Subsection 510.4.1.2, Minimum Signal Strength Out of the Building, is hereby amended to read as follows:

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 Radio System when transmitted from within the building.

32. Subsection 510.4.1.3, System Performance, is hereby amended to read as follows:

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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 in Section 510.4.2.2.

33. Subsection 510.4.2, System Design, is hereby amended to read as follows:

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.

34. Subsection 510.4.2.1, Amplification Systems and Components, is hereby amended to read as follows:

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 Radio System Manager. Prior to installation, all RF- emitting devices shall have the certification of the radio licensing authority and be suitable for public safety use.

35. Subsection 510.4.2.2, Technical Criteria, is hereby amended to read as follows:

510.4.2.2 Technical Criteria

The Radio System Manager 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.

36. Subsection 510.4.2.3, Power Supply Sources, is hereby amended to read as follows:

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510.4.2.3 Power Supply Sources

37. Subsection 510.4.2.4, Signal Booster Requirements, is hereby amended to read as follows:

510.4.2.4 Signal Booster Requirements

If used, signal boosters shall meet the following requirements:

1. All active 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. The battery system shall be contained in a NEMA 3R, IP66-type waterproof cabinet or equivalent.

3. Equipment shall have 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. Active RF emitting devices used in emergency responder radio coverage systems shall have built-in oscillation detection and control circuitry.

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6. The installation of amplification systems or systems that operate on or provide the means to cause interference on any emergency responder radio coverage networks shall be coordinated and approved by the Radio System Manager.

7. Unless otherwise approved by the Radio System Manager, only channelized signal boosters shall be permitted.

EXCEPTION:

Broadband BDA’s may be utilized when specifically authorized in writing by the radio system operator.

Point of Information BDA’s must also comply with PSERN’s (www.psern.org/requirements) detailed requirements, which include channelized, minimum of 28 channels, supporting analog, P25 Phase I (FDMA), and P25 Phase II (TDMA).

38. Subsection 510.4.2.5, System Monitoring, is hereby amended to read as follows:

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).

5. Low-battery capacity at 70 % reduction of operating capacity.

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6. Active system component malfunction.

7. Malfunction of the communications link between the fire alarm system and the emergency responder radio enhancement system.

8. Oscillation of active RF emitting device(s).

39. Subsection 510.4.2.6, Additional Frequencies and Change of Frequencies, is hereby amended to read as follows:

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.

40. Subsection 510.4.2.7, Design Documents, is hereby amended to read as follows:

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.

41. Subsection 510.4.2.8, Radio Communication Antenna Density, is hereby amended to read as follows:

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:

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1. Class A narrow band signal booster devices with independent AGC/ALC circuits per channel.

2. Systems where all portable devices within the same band use active power control.

42. Subsection 510.5, Installation Requirements, is hereby amended to read as follows:

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 Radio System Manager.

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 operators 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:

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1. Each floor of the building shall be divided into a grid of 20 approximately equal test areas, with a maximum test area size of 6,400 square feet. Where the floor area exceeds 128,000 square feet, 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), and including signal strengths and frequencies for each test area. Indicate all critical areas.

3. Failure of more than 5% of the test areas on any floor shall result in failure of the test.

EXCEPTION:

Critical areas shall be provided with 99% floor area coverage.

4. 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 40 equal test areas. Failure of not more than two nonadjacent test areas shall not result in failure of the test. If the system fails the 40-area test, the system shall be altered to meet the 95% coverage requirement.

5. 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.

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6. 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 the measurement results become lost, the Building Owner shall be required to rerun the acceptance test to reestablish the gain values.

7. 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.

8. 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 10 ft (3.048 m) 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 DAQ levels as specified in Sections 510.4.1.1 and 510.4.1.2.

9. 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 Marshal. 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

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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 each landing in each stairwell and the fire command center or fire alarm control panel.

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 the building engineer’s office. The records shall be available to the Fire Marshal and maintained by the Building Owner for the life of the system:

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 Sections 510.5.3(2) and 510.5.3(3).

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.

11. Acceptance test reporting to Fire Code Official. At the conclusion of the testing, and prior to 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 by way of the department’s third-party vendor thecomplianceengine.com.

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510.5.4 FCC Compliance

The emergency responder radio coverage system installation and components shall comply with all applicable federal regulations including, but not 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 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 have a minimum 2-hour fire rating or be enclosed in a minimum of a 2-hour rated enclosure. 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 the 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 resistance 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 per the IBC.

5.10.5.7 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

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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.

43. Subsection 510.6, Maintenance, including all additional subsections contained therein, is hereby amended to read as follows:

510.6 Maintenance

The emergency responder radio coverage system shall be maintained operation 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 Marshal 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.

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3. Backup batteries and power supplies shall be tested under load of a period of 1 hour to verify that they will properly operate during an actual power outage. If within the 1-hour test period the battery exhibits symptoms of failure, the test shall be extended for additional 1-hour periods until the integrity of the battery can be determined.

4. Other active components shall be checked to verify operation within the manufacturer’s specifications.

5. 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 certifications in Section 510.5.2 are sufficient for the personnel performing this testing.

6. At the conclusion of the testing, a report, which shall verify compliance with Section 510.6.1, shall be submitted to the Fire Marshal by way of the department’s third-party vendor www.thecomplianceengine.com.

7. At the conclusion of 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 test documentation required by Section 510.5.3 is available, or the most recent full five-year test results are available if the system is older than six years, the in-

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building coverage test required by the Fire Marshal in Section 510.6.1(1), may be conducted as follows:

1. 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 Marshal. Testing shall use Digital Audible Quality (DAQ) metrics, where a passing result is a DAQ of 3 or higher. Communications between handsets in the following locations shall be tested: between the fire command center or fire alarm control panel and a location outside the building; 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 grid areas per floor. The three grid areas to be tested on each floor are the three grid areas with poorest performance in the acceptance test or the most recent annual test, whichever is more recent; and

(b) Each of the critical areas identified in acceptance test documentation required by Section 510.5.3, or as modified by the Fire Marshal, and

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 Marshal. The building shall be considered to have acceptable emergency responder radio coverage when the required signal strength requirements in 510.4.1.1 and 510.4.1.2 are located in 95 percent of all areas on each floor of the building and 99

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percent in Critical Areas, and any non-functional serving antenna are repaired to function within normal ranges. If the documentation of the acceptance test or most recent previous annual test results are not available or acceptable to the Fire Marshal, the radio coverage verification testing described in 510.5.3 shall be conducted.

Point of Information The alternative in-building coverage test provides an 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 must 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 or other radio licensing authority. Prior approval of a public safety radio coverage system on previous frequencies does not exempt this section.

510.6.3 Nonpublic Safety Section

Where other nonpublic safety amplification systems installed in buildings reduce the performance or cause interference with the emergency responder communications coverage system, the nonpublic safety amplification system shall be corrected or removed.

510.6.4 Field Testing

Agency 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

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maintenance has the potential to impact the emergency responder radio system in the region.

20.08.060 Amendments to Chapter 6, Building Services and Systems, of the International Fire Code.

The International Fire Code, as adopted by BMC 20.08.040, is hereby amended as follows:

1. Subsection 602.1, Definitions, is hereby amended to include a new definition of “Power Tap” to read as follows and to be listed alphabetically among the other terms defined in Subsection 602.1:

“Power Tap” means a listed device for indoor use consisting of an attachment plug on one end of a flexible cord and two or more receptacles on the opposite end and has overcurrent protection.

20.08.061 Amendments to Chapter 9, Fire Protection and Life Safety Systems, of the International Fire Code.

The International Fire Code, as adopted by BMC 20.08.040, is hereby amended as follows:

1. Subsection 901.4.1, Required Fire Protection Systems, is hereby amended to read as follows:

901.4.1 Required Fire Protection Systems

Fire protection systems required by this code or the IBC shall be installed, repaired, operated, tested and maintained in accordance with this code. A fire protection system for which a design option, exception or reduction to the provisions of this code or the IBC has been granted shall be considered to be a required system.

901.4.1.1 Fire barriers

Fire barriers as noted in the IBC shall not be considered to separate a building to enable deletion of the required fire alarm/detection and fire sprinkler systems required by this chapter.

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2. Subsection 901.6, Inspection, Testing, and Maintenance, is hereby amended to read as follows:

901.6 Inspection, Testing, and Maintenance

All fire protection systems required under this code shall be maintained in an operable condition at all times. The frequency of maintenance shall be as required by the IFC and NFPA standards. If for any reason a system is not maintained as required by this subsection the Fire Marshal may require that a fire watch be posted as required by Section 901.7 of the IFC and amended in the 20.10.901.7

3. Subsection 901.7, Systems out of Service, is hereby amended to read as follows:

901.7 Systems out of Service

Where a required fire protection system is out of service, the Fire Marshal shall be notified immediately and, where required by the Fire Marshal, the building shall be either evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shutdown until the fire protection system has been returned to service.

All required fire watches must be conducted in the manner prescribed in 901.7.4 or 901.7.5 and cannot be concluded until a Fire Watch Order is rescinded by the Fire Marshal as established in 901.7.6.

Where utilized, fire watch designees shall be provided with not less than one approved means for notification of the fire department and their only duty shall be to perform constant patrols of the protected premises and keep watch for fires.

4. Subsection 901.7.4, Preplanned Impairment Programs, is hereby amended to read as follows:

901.7.4 Preplanned Impairment Programs

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Preplanned impairments shall be authorized by the impairment coordinator. Before authorization is given, a designated individual shall be responsible for verifying that all of the following procedures have been implemented:

1. The extent and expected duration of the impairment have been determined.

2. The areas or buildings involved have been inspected and the increased risks determined.

3. Recommendations have been submitted to management or the Building Owner/Manager.

4. The Fire Department has been notified.

5. The insurance carrier, the alarm company, the Building Owner/Manager and other authorities having jurisdiction have been notified.

6. The supervisors in the areas to be affected have been notified.

7. A tag impairment system has been implemented.

8. Necessary tools and materials have been assembled on the impairment site.

9. Contractor/site contact shall notify Fire Prevention of impairment at least 24 business hours in advance.

10. Fire Prevention shall provide Fire Watch Order and logs.

11. Fire watch designee shall provide daily logs to Fire Prevention.

5. Subsection 901.7.5, Emergency Impairments, is hereby amended to read as follows:

901.7.5 Emergency Impairments

Where unplanned impairments occur, appropriate emergency action shall be taken to minimize potential injury and damage. The impairment coordinator shall implement the steps outlined in this section.

1. The extent and expected duration of the impairment have been determined.

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2. The areas or buildings involved have been inspected and the increased risks determined.

3. Recommendations have been submitted to Management or the Building Owner/Manager.

4. Fire Prevention has been notified.

5. The insurance carrier, the alarm company, the building owner/manager and other authorities having jurisdiction have been notified.

6. The supervisors in the areas to be affected have been notified.

7. A tag impairment system has been implemented.

8. Necessary tools and materials have been assembled on the impairment site.

9. Fire Prevention shall be notified that a system is impaired.

10. Fire Prevention provides Fire Watch Order and logs.

11. Fire watch designee complies with the watch orders and provides logs on a daily basis until the Fire Marshal releases the order.

12. Contractor/site contact shall provide documentation from a licensed contractor that the system is functioning as designed in a format approved by the Fire Marshal.

6. Subsection 901.7.6, Restoring Systems to Service, is hereby amended to read as follows:

901.7.6 Restoring Systems to Service

Where impaired equipment is restored to normal working order, the impairment coordinator shall verify that all of the following procedures have been implemented:

1. Necessary inspections and tests have been conducted to verify that affected systems are operational.

2. Supervisors have been advised that protection is restored.

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3. Fire Prevention has been advised that protection is restored.

4. Licensed fire system contractor shall submit a repair report as provided in The Compliance Engine.

Point of Information All repair reports must be filed with the Compliance Engine (www.thecomplianceengine.com) for review 5. Repair report shall be reviewed by Fire Prevention.

6. Fire Prevention rescinds the Fire Watch Order.

7. The Building Owner/Manager, insurance carrier, alarm company and other involved parties have been advised that protection is restored.

8. The impairment tag has been removed.

901.7.6.1 Failure to comply to fire watch requirements

Failure to comply with any and all of the fire watch requirements can result in a fire watch code case being issued and fines assessed as provided in BMC 20.08.050.110.4

7. Subsection 903.1, General, is hereby amended to read as follows:

903.1 General

When serving more than 19 sprinklers or when required by the Fire Marshal, automatic sprinkler systems, or any other fire protection equipment, shall be supervised by an approved central or proprietary station service or a local alarm which will give a visual and audible signal at a constantly attended location on the protected premises. All buildings protected by a fire sprinkler system shall have an approved fire alarm system installed for occupant notification. The fire alarm system shall meet the requirements of NFPA 72 and be approved by the Fire Marshal. Alarms shall be monitored through the building’s fire alarm panel and the signal shall be transmitted by the use of a system approved by the Fire Marshal, complying with NFPA requirements and maintained under a maintenance

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agreement. The approved receiving facility shall be licensed by the state and carry a state electrical contractor’s license.

8. Subsection 903.2, Where Required, is hereby amended to read as follows:

903.2 Where Required

Approved automatic sprinkler systems in new or remodeled buildings and structures shall be provided in the locations described in this section and Chapter 20.08 BMC. If there is a conflict between this chapter and Chapter 20.08 BMC, the most restrictive requirement shall apply.

EXCEPTIONS:

Subject to the approval of the Fire Marshal, with the concurrence of the Building Official, sprinklers may be omitted in rooms or areas as follows:

1. Where sprinklers are considered undesirable because of the nature of the contents or in rooms or areas which are of noncombustible construction with wholly noncombustible contents and which are not exposed by other areas. Sprinklers shall not be omitted from any rooms merely because it is damp or of fire resistive construction.

2. Sprinklers shall not be installed where the application of water or flame and water to the contents may constitute a serious fire or life hazard, as in the manufacture or storage of quantities of aluminum powder, calcium carbide, calcium phosphide, metallic sodium and potassium, quicklime, magnesium powder, and sodium peroxide.

3. Safe deposit and other vaults of fire resistive construction, when used for the storage of records, files and other documents, when stored in metal cabinets.

4. Other approved automatic fire extinguishing systems may be installed to protect special hazards or occupancies in lieu of automatic sprinklers when listed and approved by the Fire Marshal.

9. Subsection 903.2.1, Group A, is hereby amended to read as follows:

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903.2.1 Group A

An automatic sprinkler system shall be provided throughout stories containing Group A occupancies as provided in this section.

10. Subsection 903.2.1.1, Group A-1, is hereby amended to read as follows:

903.2.1.1 Group A-1

An automatic sprinkler system shall be provided throughout buildings and portions thereof containing Group A-1 occupancies and throughout all stories from the Group A-1 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:

1. The fire area exceeds 5,000 ft2 (464 m2).

2. The fire area has an occupant load of 300 or more.

3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

4. The fire area contains a multiple-theater complex.

5. All stages shall be provided with an automatic fire sprinkler system. Such sprinklers shall be provided throughout the stage and in dressing rooms, workshops, storerooms and other accessory spaces contiguous to such stages.

EXCEPTIONS:

1. Sprinklers are not required for stages 1,000 ft2 (92.9 m2) or less in area and 50 ft (15.2 m) or less in height where curtains, scenery or other combustible hangings are not retractable vertically. Combustible hangings shall be limited to a single main curtain, borders, legs and a single backdrop unless the building is already protected by a complete fire sprinkler system.

2. Under stages or enclosed platform areas less than 4 ft (1.219 m) in clear height used exclusively for chair or table storage and lined on

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the inside with 5/8-inch (16 mm) Type X gypsum wall board or an approved equal.

11. Subsection 903.2.1.2, Group A-2, is hereby amended to read as follows:

903.2.1.2 Group A-2

Group A-2 occupancies and throughout all stories from the Group A-2 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:

1. The fire area exceeds 5,000 ft2 (464 m2) or is more than 40 ft (12.192 m) in height;

2. The fire area has an occupant load of 100 or more;

3. The fire area is located on a floor other than a level of exit discharge serving such occupancies;

4. Rooms and/or buildings used by the occupants for the consumption of alcoholic beverages and unseparated accessory uses where the total area of such unseparated rooms and assembly uses exceeds 5,000 ft2 (465 m2) or is more than 40 ft (12.192 m) in height;

5. In any multi-theater complex;

6. In basements larger than 1,500 ft2 (139.4 m2) in floor area;

7. In any enclosed usable space below or over a stairway;

12. Subsection 903.2.1.3, Group A-3, is hereby amended to read as follows:

903.2.1.3 Group A-3

An approved automatic fire sprinkler system shall be installed in all amusement buildings. The main water-flow switch shall be electrically supervised. The sprinkler main shutoff valve shall be supervised. When the amusement building is temporary, the sprinkler water supply system may be of an approved temporary type.

EXCEPTION:

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An automatic fire sprinkler system need not be provided when the floor area of a temporary amusement building is less than 1,000 ft2 (92.9 m2) and the exit travel distance from any point is less than 50 ft (15.2 m) unless the building is already protected by a complete fire sprinkler system.

13, A new subsection 903.2.1.9, Group B Occupancies, is hereby added to read as follows:

903.2.1.9 Group B Occupancies

An approved automatic fire sprinkler system shall be installed in all Group B buildings. The main water-flow switch shall be electrically supervised. The sprinkler main shutoff valve shall be supervised. When any of the following conditions exist.

1. When the structure has over 5,000 ft2 (465 m2) of floor area or is more than 40 ft (12.9 m) in height;

2. In buildings used for high-piled combustible storage, fire protection shall be in accordance with Chapter 32 of the IFC.

14. Subsection 903.2.3, Group E, is hereby amended to read as follows:

903.2.3 Group E

An automatic sprinkler system shall be provided for Group E occupancies as follows:

1. Throughout all Group E fire areas greater than 5,000 ft2 (465.51 m2) of floor area.

2 Group E buildings that are more than 40 ft (12.9 m) above the average grade plane.

3. The Group E fire area has an occupant load of 50 or more than 12 hours per week, or 4 hours in one day.

4. In Group E building that have basements larger than 1,500 ft2 (139.4 m2) of floor area;

EXCEPTIONS:

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Portable school classrooms; provided, that the:

1. Aggregate area of clusters of portable school classrooms does not exceed 5,000 ft2 (465 m2); and

2. Clusters of portable school classrooms are separated as required by the State Building Code and the IBC.

15. Subsection 903.2.4, Group F-1, is hereby amended to read as follows:

903.2.4 Group F-1 Occupancies (Manufacturing/Industrial).

An automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists:

1. A Group F-1 when the structure has over 5,000 ft2 (465 m2) of floor area.

2. A Group F-1 fire area is located more than 3 stories above grade plane.

3. A Group F-1 building is more than 40 ft (12.9 meters) in height.

4. A Group F-1 occupancy used for the manufacture of upholstered furniture or mattresses exceeds 2,500 ft2 (232 m2).

16. A new subsection 903.2.5.4, Paint Spray Booths and Special Provisions, is hereby added to read as follows:

903.2.5.4 Paint spray booths and special provisions

Paint spray booths or rooms and for special provisions on hazardous chemicals and magnesium, and calcium carbide.

17. Subsection 903.2.6, Group I, is hereby amended to read as follows:

903.2.6 Group I Occupancies (Institutional).

An automatic fire sprinkler system shall be installed and maintained in structures housing all Group I Occupancies. In addition, approved quick response or residential sprinklers shall be installed throughout patient sleeping areas in all Group I Occupancies.

18. Subsection 903.2.7, Group M, is hereby amended to read as follows:

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903.2.7 Group M Occupancies (Mercantile).

An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one of the following conditions exists:

1. A Group M when the structure has more than 5,000 ft2 (465 m2) of floor area.

2. A Group M fire area is located more than 3 stories above grade plane.

3. A Group M when the building is more than 40 ft (12.9 m) in height.

19. Subsection 903.2.8, Group R, is hereby amended to read as follows:

903.2.8 Group R Occupancies

An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area.

EXCEPTIONS:

Group R-1 if all of the following conditions apply:

1. The Group R fire area is no more than 500 ft2 (46 m2) and is used for recreational use only.

2. The Group R fire area is on only 1 story.

3. The Group R fire area does not include a basement.

4. The Group R fire area is no closer than 30 ft (9.144 m) from another structure.

5. Cooking is not allowed within the Group R fire area.

6. The Group R fire area has an occupant load of no more than 8.

7. A hand-held (portable) fire extinguisher is in every Group R fire area.

903.2.8.1 Group R-3

An automatic sprinkler system installed in accordance with Section 903.3.1.3 shall be permitted in Group R-3 occupancies.

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903.2.8.2 Group R-4 Condition 1

An automatic sprinkler system installed in accordance with Section 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 Section 903.3.1.2 shall be permitted in Group R-4 Condition 2 occupancies. Attics shall be protected in accordance with Section 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 Section 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 Section 907.2.10.

2. Attics constructed of noncombustible materials.

3. Attics constructed of fire-retardant-treated wood framing complying with Section 2303.2 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

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An automatic sprinkler system shall be installed in accordance with IFC Section 903.3.1.3 in care facilities with five or more individuals in a single- family dwelling.

903.2.8.5 Townhouses

When a building has three or more townhouses constructed with common walls or the aggregate structure size (which includes all of the townhouses in one structure) exceeds 5,000 ft2 (465 m2) of floor area or more than 40 ft (12.9 meters) in height;

903.2.8.6 R-2 Occupancies

When a building housing an R-2 Occupancy (multifamily) exceeds 5,000 ft2 (465 m2) of floor area or is more than 40 ft (12.192 m) in height.

20. Subsection 903.2.9, Group S-1, is hereby amended to read as follows:

903.2.9 Group S-1 Occupancies

An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists:

1. Group S-1 when the structure has over 5,000 ft2 (465 square meters) of f floor area.

2. Group S-1 when the structure is more than 40 ft (12.192 m) in height, or houses a repair facility as defined in BMC 20.08.050 and the fire area exceeds 3,000 ft2 (278.8 m2) in floor area.

3. A Group S-1 occupancy used for the storage of upholstered furniture or mattresses exceeds 2,500 ft2 (232 m2).

4. A Group S-1 fire area used for the storage of commercial motor vehicles where the fire area exceeds 5,000 ft2 (464 m2).

5. A Group S-1 occupancy used for self-storage where the fire area exceeds 2,500 ft2. (232 m2).

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21. Subsection 903.2.10, Group S-2 Enclosed Parking Garages, 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 Section 406.6 of the IBC where either of the following conditions exists:

1. When the structure has over 5,000 ft2 (465 m2) of floor area, or has more than one floor level above or below grade, or is more than 40 ft (12.192 m) in height.

2. Where the enclosed parking garage is located beneath other groups.

EXCEPTIONS:

1. Open parking garages that are constructed of Type IA or IB fire resistive construction as identified in the currently adopted edition of the IBC. Except, fire extinguishers and fire standpipes shall be provided as required by the Fire Marshal.

2. Enclosed parking garages located beneath Group R-3 occupancies.

22. Subsection 903.2.11, Specific Buildings Areas and Hazards, is hereby amended to read as follows:

903.2.11 Specific buildings 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 section 903.2.11.1 through 903.2.11.6.

For Group U Occupancies in structures larger than 5,000 ft2 (465 m2) in floor area or more than 40 ft (12.192 m) in height an automatic sprinkler system shall be installed.

EXCEPTION:

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When the Group U, Division 1 Occupancy is used in conjunction with a Group R, Division 3 Occupancy or a one- or two-family dwelling which is used as a noncommercial private residence(s).

23. Subsection 903.3, Installation Requirements, is hereby amended to read as follows:

903.3 Installation Requirements

Sprinkler systems shall be designed and installed in accordance with Section 903.3.1.1, unless otherwise permitted by Sections 903.3.1.2 and 903.3.1.3 and other chapters of this code, as applicable.

24. Subsection 903.3.1, Standards, is hereby amended to read as follows:

903.3.1 Standards

Sprinkler systems shall be designed and installed in accordance with Section 903.3.1.1 through 903.3.1.3 and other chapters of this code, as applicable. In addition, sprinkler systems shall be designed with a buffer to account for water system fluctuations to include a low reservoir condition. Such buffer shall be 5% for static pressures less than 50 psi and 10% for static pressures above 50 psi.

EXCEPTION:

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Buffers are not required for systems designed in accordance with Section 903.3.1.3 (NFPA 13 D).

Permit applicants shall independently verify site specific static pressure:

• Prior to initiating sprinkler system.

• Prior to installing any sprinkler piping, including the underground supply.

• Prior to requesting any cover inspections.

25. Subsection 903.3.1.1.1, Exempt Locations, is hereby amended to read as follows:

903.3.1.1.1 Exempt Locations

Automatic sprinklers shall not be required in the following rooms or areas where such rooms or areas are protected with an approved automatic fire detection system in accordance with Section 907.2 that will respond to visible or invisible particles of combustion. Sprinklers shall not be omitted from a room merely because it is damp, of fire-resistance-rated construction or contains electrical equipment.

1. Sprinklers shall not be installed where the application of water or flame and water to the contents may constitute a serious fire or life hazard.

2. A room or space where sprinklers are considered undesirable because of the nature of the contents, where approved by the Fire Marshal.

3. Generator and transformer rooms separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire-resistance rating of not less than 2 hours.

4. Rooms or areas that are of noncombustible construction with wholly noncombustible contents and which are not exposed by other areas.

5. Fire service access elevator machine rooms and machinery spaces.

6. Machine rooms, machinery spaces, control rooms and control spaces associated with occupant evacuation elevators designed in accordance with Section 3008 of the IBC.

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7. Elevator machine rooms, elevator machinery spaces, control spaces, or hoist ways of traction elevators that comply with NFPA 13 Section 8.15.5.3.

8. In the manufacture or storage of quantities of aluminum powder, calcium carbide, calcium phosphide, metallic sodium and potassium, quicklime, magnesium powder, and sodium peroxide.

9. Safe deposit and other vaults of fire resistive construction, when used for the storage of records, files and other documents, when stored in metal cabinets.

26. Subsection 903.4.2, Alarms, is hereby amended to read as follows:

903.4.2 Alarms

Approved audible and visible alarm notification appliances, to meet the Americans with Disabilities Act, shall be provided for every automatic sprinkler system in accordance with Section 907 and throughout areas designated by the Fire Marshal. 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.

EXCEPTION:

With approval of the Fire Marshal, audible and visible alarm notification appliances may be omitted for approved residential sprinkler systems in one- or two-family dwelling units if not otherwise specifically required.

27. Subsection 903.4.3, Floor Control Valves, is hereby amended to read as follows:

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. The floor control valves shall be located within interior exit stairway and within 6 ft of floors or landings unless chains or other approved devices are readily available.

EXCEPTIONS:

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1. In buildings without interior exit stairways, the location of the floor control valves shall be determined by the Fire Marshal.

2. Approved domestically supplied local systems with 10 heads or less.

3. Approved residential sprinkler systems for one- or two-dwelling units if not otherwise specifically required.

28. A new subsection 903.5.1, Fire Sprinkler and Standpipe Main/Express Drains, is hereby added to read as follows:

903.5.1 Fire Sprinkler and Standpipe main/express drains

Fire Sprinkler and standpipe main/express drains shall be positioned to drain to the sanitary sewer. Additionally, maintenance or testing discharges from fire pumps shall be treated in order to comply with the National Pollution Discharge Elimination System (NPDES) requirements.

EXCEPTION:

This requirement does not apply to systems installed in one- and two-family dwellings and townhomes.

Point of Information Water drained or otherwise discharged from a fire sprinkler system, standpipe or fire pump, in the course of testing and maintenance, is considered an “illicit discharge” and must drain to the sanitary sewer or be treated in order to discharge to storm drains, ditches, or water bodies.

29. Subsection 904.1, General, is hereby amended to read as follows:

904.1 General requirements for alternative automatic fire-extinguishing systems

Automatic fire-extinguishing systems, other than automatic sprinkler systems, shall be designed, installed, inspected, tested and shall be maintained in an operable condition at all times. The frequency of maintenance shall be as required by the IFC and NFPA standards. If for any reason a system is not maintained as required

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by this subsection the Fire Marshal may require that a fire watch be posted as required by Section 901.7 of the IFC.

30. Subsection 905.3.1, Height, is hereby amended to read as follows:

905.3.1 Height

Class I standpipe systems shall be installed throughout buildings where the floor level of the highest story is located more than 30 ft (9.144 m) above the lowest level of the fire department vehicle access, or where the floor level of the lowest story is located more than 30 ft (9.144 m) below the highest level of fire department vehicle access.

EXCEPTIONS:

1. In determining the lowest level of fire department vehicle access, it shall not be required to consider:

2. Recessed loading docks for four vehicles or less, and

3. Conditions where topography makes access from the fire department vehicle to the building impractical or impossible.

31. A new subsection 905.3.9, High-Rise Building Standpipes, is hereby added 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 6 inch. One 2 ½ inch hose connection shall be provided on every intermediate floor level landing in every required stairway and elsewhere as required by NFPA 14. Where, and only where, static or residual water pressures at any hose outlet exceeds 175 psi (1,207 kPa), approved pressure-regulating devices shall be installed to limit the pressure. The pressure on the inlet side of the pressure-regulating device shall not exceed the rated working pressure of the device. An additional non-regulated hose connection located directly below the PRV or an equally sized bypass around the pressure regulating device with a normally closed control valve shall be provided at each reduced pressure

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connection. Each non-regulated hose connection shall be labeled “High Pressure – No PRV”. The sign shall have ½ inch white letters on a red background.

Point of Information Additional flow and pressure requirements are contained in NFPA 14. Designers should be cognizant of space considerations within stair shafts and additional signage needed for the PRV by-pass control valves.

32. A new subsection 905.3.10, Vertical Standpipes Served by Fire Pumps, is hereby added to read as follows:

905.3.10 Vertical standpipes served by fire pumps

Where vertical standpipes are served by fire pumps a check valve shall be installed at the base of vertical standpipe.

33. Subsection 905.4, Location of Class 1 Standpipe Hose Connections, is hereby amended to read as follows:

905.4 Location of Class 1 standpipe hose connections

Class I standpipe hose connections shall be provided in all of the following locations

1. In every required interior exit stairway, a hose connection shall be provided for each floor level above or below grade. Hose connections shall be located at an intermediate floor level landing between floors. Where stairs are required to provide roof access, the standpipe roof connections shall be located adjacent to the stair opening on the roof.

2. On each side of the wall adjacent to the exit opening of a horizontal exit.

EXCEPTIONS:

1. Where floor areas adjacent to an exit passageway are reachable from an interior exit stairway hose connection by a 30 ft (9.144 m) hose stream from a nozzle attached to 100 ft (30.48 m) of hose, a hose connection shall not be required at the entrance from the exit passageway to other areas of the building.

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2. When the Fire Marshal determines that standpipe connection is not needed.

3 In every exit passageway, at the entrance from the exit of a building.

4. In covered and open mall buildings, adjacent to each exterior public entrance to the mall, adjacent to each entrance from an exit passageway or exit corridor to the mall, at each intermediate landing within required enclosed stairways, and at other locations as necessary so that the distance to reach all portions of a tenant space does not exceed 200 ft (60.96 m) from a hose connection.

5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3 percent slope), at least one standpipe shall be provided with a 2 ½ inch. hose connection located on the roof. Additional hose connections shall be provided so that all portions of the roof are within 200 ft of hose travel distance from a standpipe hose connection. The hose connection(s) shall be at least 10 ft (3.048 m) from the roof edge, skylight, light well or other similar openings, unless protected by a 42-inch-high (1.067 m) guardrail or equivalent. All roof hose connections shall be arranged to be operable without entering the building. Roof connections in high-rise buildings are allowed to be located at the highest landing of a stairway with stair access to the roof. An additional hose connection shall be provided at the top of the most hydraulically remote standpipe for testing purposes.

6. Where the most remote portion of a non-sprinklered floor or story is more than 150 ft (45.72 m) of hose travel distance from a hose connection or the most remote portion of a sprinklered floor or story is more than 200 ft (60.96 m) of hose travel distance from a hose connection, additional hose connections shall be provided in interior exit stairway or protected locations that are accessed through protected enclosures. The protected enclosure shall be a corridor constructed as a smoke barrier from the exit enclosure to the standpipe connection.

EXCEPTION:

Hose connections in parking garages must be located in interior exit stair, protected locations, immediately adjacent to exterior exit doors, loading docks or other areas as approved by the Fire Marshal. Subject to the approval of the Fire

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Marshal the travel distance may also be increased to a maximum distance of 240 ft.

Point of Information Chapter 10 of this code outlines the requirements for stairways to the roof and roof access. This section (905.4), identifies the locations of standpipes and hose connections, but does not dictate the need for additional stairways to the roof or roof access.

34. Subsection 905.8, Dry Standpipes, is hereby amended to read as follows

905.8 Dry Standpipes

Dry standpipes shall not be installed.

EXCEPTION:

Where subject to freezing and in accordance with NFPA 14 when approved by the Fire Marshal.

35. Subsection 906.1, Where Required, is hereby amended to read as follows:

906.1 Where required

Portable fire extinguishers shall be installed in all of the following locations:

1. In new and existing Group, A, B, E, F, H, I, M, R-1, R-2, R-4 and S occupancies.

EXCEPTIONS:

In Group R-2 occupancies, portable fire extinguishers shall only be required to be within common areas and corridors and not within each dwelling unit

Delete all other exceptions.

36. Subsection 907.1.2, Fire Alarm Shop Drawings, is hereby amended to read as follows:

907.1.2 Fire alarm shop drawings

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Shop drawings for fire alarm systems shall be prepared in accordance with NFPA 72 and submitted for review and approval prior to system installation, and shall include, but not be limited to, all of the following:

1. A floor plan that indicates the use of all rooms.

2. Locations of alarm-initiating devices.

3. Locations of alarm notification appliances, including candela ratings for visible alarm notification appliances.

4. Design minimum audibility level for occupant notification.

5. Location of fire alarm control unit, transponders and notification power supplies.

6. Annunciators.

7. Power connection.

8. Battery calculations.

9. Conductor type and sizes.

10. Voltage drop calculations.

11. Manufacturers’ data sheets indicating model numbers and listing information for equipment, devices and materials.

12. Details of ceiling height and construction.

13. The interface of fire safety control functions.

14. Classification of the supervising station.

15. A narrative and input/output matrix that supports the approved exiting plan for the building.

37. Subsection 907.2, Where Required – New Buildings and Structures, is hereby amended to read as follows:

907.2 Where Required – new buildings and structures

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1. An approved fire detection system shall be installed in accordance with the provisions of this code and NFPA 72 shall be provided as approved by the Fire Marshal, in all buildings in the City which are less than 5,000 ft2 (465 m2) and not protected by an approved automatic fire extinguishing system. All systems shall be in accordance with Sections 907.2.1 through 907.2.23 and provide occupant notification in accordance with Section 907.5, unless other requirements are provided by another section of this code.

2. The fire alarm control panel shall be an addressable type panel approved by the Fire Marshal.

3. A manual fire alarm box shall be installed at each exit leading to the exterior of the building or facility as part of a tenant improvement, new construction or an alteration of the fire alarm system.

EXCEPTIONS:

1. Existing building fire alarm control panel replacements are as approved by the Fire Marshal.

2. R-2 occupancies are allowed conventional fire alarm control panels as approved by the Fire Marshal.

3. All new buildings sharing common wall(s) and having a total aggregate area of 5,000 ft2 (465 m2) or more and not protected by an approved fire extinguishing system shall have installed a fire detection system monitored by a U.L. listed, state licensed receiving facility, conforming to NFPA 72 as approved by the Fire Marshal.

38. Subsection 907.2.2, Group B, is hereby amended to read as follows:

907.2.2 Group B Occupancies

A manual fire alarm system shall be installed in Group B occupancies where one of the following conditions exists:

1. Group B occupancies less than 1,000 ft2 (92.9 m2) shall be protected as required by the Fire Marshal.

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2. The Group B occupant load is more than 100 persons above or below the lowest level of exit discharge.

3. The fire area contains an ambulatory care facility.

39. Subsection 907.2.8.1, Manual Fire Alarm System, is hereby amended to read as follows:

907.2.8.1 Manual fire alarm system

1. A manual fire alarm box shall be installed at each exit leading to the exterior of the building or facility as part of a tenant improvement, new construction or an alteration of the fire alarm system.

EXCEPTIONS:

1. Group R-2 occupancies and one- and two-family dwellings which are used solely as a noncommercial private residence(s).

2. Group U occupancies used in conjunction with Group R, Division 3 occupancies and one- and two-family dwellings.

40. Subsection 907.2.10, Single and Multiple Station Smoke Alarms, is hereby amended to read as follows:

907.2.10 Single and Multiple Station Smoke Alarms

Listed single- and multiple-station smoke alarms complying with UL 217 shall be installed in accordance with Sections 907.2.10.1 through 907.2.10.7 and NFPA 72. Notwithstanding any other provision of this chapter, smoke detection devices shall be installed inside all dwelling units:

1. Occupied by persons other than the owner on and after December 31, 1981; or

2. Built or manufactured in this state after December 31, 1980.

3. Smoke alarms shall also be installed in all dwelling units prior to conveyance by deed by the Owner or grantor thereof.

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4. Smoke alarms shall be designed, manufactured, and installed inside dwelling units in conformance with:

4.1 International Fire Code

4.2 International Residential Code

4.3 Nationally accepted standards. Rules and regulation promulgated by the State Fire Marshal pursuant to Chapter 34.05 RCW, the Administrative Procedure Act.

5. Installation of smoke alarms shall be the responsibility of the Owner of the dwelling unit. Maintenance of smoke alarms shall be the responsibility of the tenant, who shall maintain the device as specified by the manufacturer. Upon vacation of any dwelling unit, the Owner shall ensure that the smoke detection device is operational prior to allowing re-occupancy of the dwelling unit.

6 Any Owner or tenant failing to comply with this section shall be punished by a fine of not more than $50.00.

41. Subsection 907.4.3, Automatic Smoke Detection, is hereby amended to read as follows:

907.4.3 Automatic smoke detection

1. Where an automatic smoke detection system is required it shall utilize smoke detectors unless ambient conditions prohibit such an installation. In spaces where smoke detectors cannot be utilized due to ambient conditions, approved automatic heat detectors shall be permitted.

2. A minimum of one smoke detector (Where such locations are within unconditioned spaces, other devices may be installed in accordance with 907.4.3.) listed for the intended purpose shall be installed in the following areas:

1. Electrical, non-utility owned transformer vault rooms, telephone equipment, elevator machine or similar rooms.

2. Elevator lobbies.

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3. The main return and exhaust air plenum of each air-conditioning system serving more than one story and located in a serviceable area downstream of the last duct inlet.

4. Each connection to a vertical duct or riser serving two or more floors from return air ducts or plenums of heating, ventilating and air- conditioning systems, except that in Group R occupancies, a listed smoke detector is allowed to be used in each return-air riser carrying not more than 5,000 cfm (2.4 m3/s) and serving not more than 10 air inlet openings.

5. Within 5 ft of doors opening into stairways that are smoke proof enclosures, or that are pressurized stairways

EXCEPTION:

Where any such locations in items 1 through 5 are within unconditioned spaces, other devices may be installed in accordance with 907.4.3.

42. A new subsection 907.6.6.3, Monitoring Required, is hereby amended to read as follows:

907.6.6.3 Monitoring required

When required by the Fire Chief, all new and existing fire detection systems shall be monitored and shall meet the following requirements:

1. NFPA 72, National Fire Alarm Code;

2. International Fire and Building Codes;

3. The system shall be supervised;

4. All signals from the fire alarm control panel shall be transmitted to an approved central station conforming to UL Standard 827, listed by Underwriters Laboratories and approved by the Fire Marshal;

5. The Building Owner shall provide the Fire Department with proof of monitoring service;

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6. The installer shall provide written certification to the Fire Department that the system has been installed in accordance with approved plans and specifications; and

7. The system shall have a signed maintenance agreement prior to Certificate of Occupancy.

43. Subsection 907.9, Where Required in Existing Building and Structures, is hereby amended to read as follows:

907.9 Where required in existing building and structures

1. All buildings are required to have an approved fire detection system installed and in service by a date approved by the Fire Marshal.

2. All buildings annexed into the City are required to comply with BMC 20.10.040. Installation of the fire detection system according to the approved plans shall occur within three years of the effective date of annexation or the ordinance codified in this chapter, whichever is later. The time for installation may be extended, at the discretion of the Fire Marshal, not to exceed a total of five years.

3. Noncompliance with the provisions of this chapter may result in the revocation of the Building Certificate of Occupancy.

4. Existing buildings or structures to which additions, alterations or repairs are made shall comply with all requirements for new buildings or structures in those portions being altered, repaired or added to, as adopted by the Bothell Municipal Code. When additions to structures or alterations, or repairs to any structure within any 12-month period exceeds 50 percent of the assessed value of an existing building or structure, such building or structure shall be made to conform to all the requirements of BMC 20.10.060.9 for a new building.

5. In the case of buildings or structures to which additions are made such that the resulting total square footage of the building exceeds that listed in BMC 20.10.060.9, the entire building or structure shall be made to comply with BMC 20.10.060.9.

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6. Change of Use. Any change in use of an existing building or development that would place it in a different occupancy classification or division, as defined in the International Building Code, shall meet all the requirements for the new occupancy or use as set forth in BMC 20.10.060.9.

44. Subsection 912.5, Signs, is hereby amended to read as follows:

912.5 Signs

A red metal sign with white raised letters at least 1 inch (25 mm) in size shall be mounted on all fire department connections serving automatic sprinklers, standpipes or fire pump connections. Such signs shall read: SPRINKLERS, STANDPIPES, COMBINED, DRY S/PIPES, DRY S/P & SPKRS, BOOST TO _____ (as specified by the fire code official) PSI, or TEST CONNECTION or a combination thereof as applicable. If it is not readily apparent which building or portion the fire department connection serves, the sign shall also include the premise address or building identification, and the portion of the building protected.

EXCEPTION:

A metal sign with letters at least 1 inch (25 mm) in size may match the fire department connection where chrome, brass or other approved decorative finish is utilized.

45. A new subsection 912.5.1, Markings, is hereby added to read as follows:

912.5.1 Markings.

The fire department connection stand-alone pipe shall be painted red for greater visibility.

EXCEPTION:

Fire department connections such as chrome, brass, or other approved decorative finish.

Point of Information

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Systems utilizing Pressure Reducing Valves (PRV’s) must note the required boosted pressure at the Fire Department Connection, in order to overcome the PRV setting.

46. Subsection 914.2.1, Automatic Sprinkler System, is hereby amended to read as follows:

914.2.1 Automatic sprinkler system

Covered and open mall building and buildings connected shall be equipped throughout with an automatic sprinkler system in accordance with Section 903.1.1, which shall comply with the following:

1. The automatic sprinkler system shall be complete and operative throughout occupied space in the mall building prior to occupancy of any of the tenant spaces. Unoccupied tenant spaces shall be similarly protected unless provided with approved alternative protection.

2. Sprinkler protection for the mall of a covered mall building shall be independent from that provided for tenant spaces or anchors. Where tenant spaces are supplied by the same system, they shall be independently controlled.

3. Sprinkler protection for the tenant spaces of an open mall building shall be independent from that provided for anchor buildings.

4. Sprinkler protection shall be provided beneath exterior circulation balconies located adjacent to an open mall.

5. Where tenant spaces are supplied by the same system, they shall be independently controlled.

47. Subsection 914.3.1, Automatic Sprinkler System – High-Rise Building, is hereby amended to read as follows:

914.3.1 Automatic Sprinkler System – High-Rise Building

Buildings and structures shall be equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 and a secondary water supply where required by Section 914.3.2.

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20.08.062 Amendments to Chapter 10, Means of Egress, of the International Fire Code.

The International Fire Code, as adopted by BMC 20.08.040, is hereby amended as follows:

1. Subsection 1008.3.4, Duration, is hereby amended to read as follows:

1008.3.4 Duration

The emergency power system shall provide power for a duration of not less than 90 minutes, or such time as stipulated by Section 2702 when applicable for high- rise or underground buildings, and shall consist of storage batteries, unit equipment or an onsite generator. The installation of the emergency power system shall be in accordance with Section 2702 of the IBC.

2. Subsection 1011.12.2, Roof Access, is hereby amended to read as follows:

1011.12.2 Roof Access

Where a stairway is provided to a roof, access to the roof shall be provided through a penthouse complying with Section 1510.2 of the IBC.

EXCEPTION:

In buildings without an occupied roof, access to the roof shall be permitted to be a roof hatch or trap door not less than 16 ft2 in area and having a minimum dimension of 3 ft.

20.08.063 Amendments to Chapter 11, Construction Requirements for Existing Buildings, of the International Fire Code.

The International Fire Code, as adopted by BMC 20.08.040, is hereby amended as follows:

1. Subsection 1103.1, Required Construction, is hereby amended to read as follows:

1103.1 Required Construction

Existing buildings shall comply with not less than the minimum provisions specified in Table 1103.1 and as further enumerated in Sections 1103.2 through 1103.10.

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The provisions of this chapter shall not be construed to allow the elimination of fire protection systems or a reduction in the level of fire safety provided in buildings constructed in accordance with previously adopted codes.

EXCEPTIONS:

1. Where a change in fire-resistance rating has been approved in accordance with Section 501.2 or 802.6 of the International Existing Building Code.

2. Group U occupancies.

3. All existing buildings are to be equipped with an approved fire detection system as required by the Fire Marshal.

EXCEPTION:

Group R, Division 3 one- and two-family dwellings.

2. A new subsection 1103.1.2, Group-R, is hereby added to read as follows:

1103.1.2 Group R

Division 1 and 2 Occupancies shall be equipped with an approved automatic fire extinguishing system or a local fire detection system.

EXCEPTION:

1. Group R, Division 1 and 2 Occupancies which are two stories or less in height and contain 16 or less dwelling units that do not have interior corridors serving dwelling units and where each dwelling unit has a means of egress directly to an exit access leading directly to the level of exit discharge as approved by the Fire Marshal.

3. A new subsection 1103.1.3, Addition, Alterations, or Repairs, is hereby added to read as follows:

1103.1.3 Addition, Alterations, or Repairs

Buildings or structures to which additions, alterations or repairs are made shall comply with all requirements for new buildings or structures in those portions being altered, repaired or added to, as adopted by the Bothell Municipal Code.

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When additions to structures or alterations, or repairs to any structure within any 12-month period exceeds 50 % of the assessed value of an existing building or structure, such building or structure shall be made to conform to all the requirements of BMC 20.08 for a new building.

4. A new subsection 1103.1.3.1, Increased Square Footage, is hereby added to read as follows:

1103.1.3.1 Increased square footage

In the case of buildings or structures to which additions are made such that the resulting total square footage of the building exceeds that listed in BMC 20.08.060, the entire building or structure shall be made to comply with BMC 20.08.060.

5. A new subsection 1103.1.4, Change of Use, is hereby added to read as follows:

1103.1.4 Change of use

Any change in use of an existing building or development that would place it in a different occupancy classification or division, as defined in the IBC, shall meet all the requirements for the new occupancy or use as set forth in BMC 20.08.060.

1103.1.4.1 Change of Use Causing Installation or Upgrade of a Fire Protection System

Any change of use that causes an installation of a fire protection system or upgrade to a fire protection system shall be determined by the size and construction type of the building and not the limited to the change of use area.

20.08.064 Amendments to Chapter 33, Fire Safety During Construction and Demolition, of the International Fire Code.

The International Fire Code, as adopted by BMC 20.08.040, is hereby amended as follows:

1. Subsection 3310.1, Required Access, is hereby amended to read as follows:

3310.1 Required Access

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Approved vehicle access for firefighting shall be provided to all construction or demolition sites. Vehicle access shall be provided to within 100 ft (30.48 m) of temporary or permanent fire department connections. Vehicle access shall be provided by either temporary or permanent roads, capable of supporting vehicle loading under all weather conditions. Vehicle access shall be maintained until permanent fire apparatus access roads are available. Access during construction, alteration or demolition of a building shall be as approved by the Fire Code Official.

20.08.065 Amendments to Chapter 56, Explosives and Fireworks, of the International Fire Code.

The International Fire Code, as adopted by BMC 20.08.040, is hereby amended as follows:

1. Subsection 5604.1, General, is hereby amended to read as follows:

Section 5604.1 General.

Storage of explosives and explosive materials, small arms ammunition, small arms primers, propellant-actuated cartridges and smokeless propellants in magazines shall conform to the provisions of this section. The storage of Blasting Agents, Detonators, Explosives, Explosive Materials and Special Industrial Explosive Devices is prohibited within the city limits.

EXCEPTION: Approved storage areas in law enforcement facilities and as otherwise provided in the Bothell Municipal Code.

20.08.066 Amendments to Chapter 61, Liquefied Petroleum Gases, of the International Fire Code.

The International Fire Code, as adopted by BMC 20.08.040, is hereby amended as follows:

1. Subsection 6104.2, Maximum Capacity Within Established Limits, is hereby amended to read as follows:

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6104.2 Maximum Capacity Within Established Limits

Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, identified as the Downtown Core area, the aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons.

EXCEPTIONS:

1. In particular installations, this capacity limit shall be determined by the Fire Marshal, after consideration of special features such as topographical conditions, nature of occupancy, and proximity to buildings, capacity of proposed LP-gas containers, degree of fire protection to be provided and capabilities of the local fire department.

2. In the event of annexation, existing installations exceeding five hundred (500) gallons water capacity, but not exceeding two thousand (2,000) gallons water capacity, shall be allowed to continue. Those installations exceeding two thousand (2,000) gallons water capacity shall be allowed to continue for a period of two years from the effective date of annexation. After such time, the container over two thousand (2,000) gallons water capacity shall be emptied in the manner provided by law and removed from service. The container must be lawfully removed from the site within thirty (30) days.13. Section 6104.2 is hereby amended to read as follows:

20.08.070 Permit requirements – Additional to those required in fire code. The City Manager, Fire Chief, and Fire Code Official shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes, or occupancies which shall require permits, in addition to those now enumerated in the code. The Fire Code Official shall post such list in a conspicuous place in their office and distribute copies thereof to interested persons.

20.08.090 Permit and inspection fees. A. Inspection Fees. There is hereby established an inspection fee for:

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1. Each initial fire and life safety inspection performed by the fire department in all Group A, B, E, F, H, I, M, R, S and U occupancies; and

2. The inspection of buildings with multiple tenant spaces, of all common areas, fire protection equipment and exit systems. Said fee shall be in an amount as established from time to time by resolution of the city council.

EXCEPTION: All Group R, Division 3 occupancies and one- and two-family dwellings as defined in the city’s fire code, and used solely as a single-family residence or as a single-family residence with a permitted home occupation under the Bothell Municipal Code, shall be exempt from this fee.

B. Operational Permits. All operational permits issued pursuant to the city’s fire code shall be valid for the period specified thereon. All permits required by the city’s fire code may be renewed, by application to the city, during the 30 days preceding expiration. Permit fees and permit renewal fees shall be in an amount as established from time to time by resolution of the city council, which may be amended from time to time.

EXCEPTION: Fire hydrant use permits shall be issued by the public water purveyor except that during fire flow tests the fire department will charge a fee as identified in the city’s fee schedule.

C. Construction Permits. All International Fire Code construction permits issued by the city of Bothell shall automatically expire at the same time as any associated building permits, or not more than two years from the date of issuance. Permit fees shall be in an amount as established from time to time by resolution of the city council, which may be amended from time to time, except that permits issued by community risk reduction, that are not associated with a building permit, will expire as noted on the face of the issued permit.

20.08.080 Permit and Inspection Fees

1. Operational Permits. All operational permits issued pursuant to the City’s fire code shall be valid for the period specified thereon. All permits required by the City’s fire code may be renewed, by application to the City, during the 30 days preceding expiration.

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Permit fees and permit renewal fees shall be in an amount as established from time to time by resolution of the City Council, which may be amended from time to time.

EXCEPTION:

Fire hydrant use permits shall be issued by the public water purveyor except that during fire flow tests the Fire Department will charge a fee as identified in the City’s Fee Schedule.

2. Construction Permits. All IFC construction permits issued by the City of Bothell shall automatically expire at the same time as any associated Building permits, or not more than two years from the date of issuance. Permit fees shall be in an amount as established from time to time by resolution of the City Council, which may be amended from time to time, except that permits issued by Fire Prevention, that are not associated with a Building permit, will expire as noted on the face of the issued permit.

20.08.09020.08.100 Plan review – Fees. A. 1. No building or structure requiring a permit under Chapter 20.02 BMC shall be erected, constructed, enlarged, converted or moved unless or until the fire department Fire Prevention Division has reviewed and approved plans as submitted to the building official Building Official .

EXCEPTION: Group R-3 occupancies and one- and two-family dwellings which are used solely as a private residence(s) and Group U occupancies which are not accessible to the public. If a fire sprinkler system is required, a plan review fee for that system will be charged as identified in the city’s fee schedule.

B. 2. Fees.

2.1. When a plan or other data are required to be submitted by this section, a plan review charge established by resolution of the city and based on the gross building floor area as defined in the International Building Code shall be paid at the time of submitting plans to the building department for review. Plan reviews for fire suppression and detection systems shall be based upon the fee schedule adopted by the city.

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2.2. In the case of an existing building or structure to which alterations, remodeling or improvements are being made, the plan review charge shall be applied only to that portion of the building or structure being altered, remodeled or improved. Occupancies or buildings that have had a change in use shall be reviewed as a new occupancy or building and shall pay the appropriate review fees for such.

C. 3. Expiration of Plan Review. Applications for which no permit is issued by the building official within one year following the date of application shall expire by limitation unless extended by action of the building official. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee.

20.08.10020.08.110 Violation – Penalties. A. 1. Any person who violates any of the provisions of this chapter or who fails to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any appeal that has been taken, or who fails to comply with such an order as affirmed or modified by the city council or by a court of competent jurisdiction within the time fixed in this chapter or as otherwise required by law shall be guilty of a misdemeanor for each and every such violation and noncompliance respectively, and upon conviction thereof shall be punished as set forth in BMC 1.24.010. The imposition of a penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to immediately correct or remedy such violations or defects. Unless otherwise specified, each day a violation is maintained or a failure to comply continues constitutes a separate offense.

B. 2. The application of the penalty designated in subsection A of this section shall not be held to prevent the enforced removal of prohibited conditions.

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Exhibit D Amendments to Ch. 20.09 BMC

False Fire Alarms

Sections: 20.09.010 Preventable responses to fire alarms – Scope. 20.09.020 Exception. 20.09.030 Fees and cost recovery. 20.09.040 Responsibilities. 20.09.050 Notice of fee. 20.09.060 Hearing from administrative decision – Finality.

20.09.010 Preventable responses to fire alarms – Scope. This chapter shall apply to activation of a fire alarm system resulting in response of fire apparatus due to either direct transmission of the fire alarm to the monitoring station or telephone report of fire alarm activation caused by any of the following:

1A. Improper type, installation, sensitivity, or maintenance of automatic detectors.

2B. Improper installation (including unapproved or incompatible components) or maintenance of fire alarm systems with unapparent reasons for repetitious alarms.

3C. Erroneous transmission of an alarm including the reporting of trouble signals by fire alarm monitoring companies.

4D. Work on a fire alarm system or automatic extinguishing system connected to an alarm system when reasonable steps were not taken to prevent reporting of an alarm to the fire department.

5E. Fire drills or tests of alarm or extinguishing systems when reasonable steps were not taken to prevent reporting of an alarm to the fire department.

6F. Work including painting, welding, cleaning, cooking, dust producing, or other activities which could activate a fire alarm detector.

20.09.020 Exception. This chapter shall not apply to activation of a fire alarm system resulting from the following:

1A. Any actual fire, explosion, or overheating, or other situation that could have resulted in a fire.

2B. Any manual activation of an alarm where it was believed that a fire or any other emergency requiring response of emergency personnel existed.

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3C. Malicious manual activation or unlawful tampering with a fire alarm system.

4D. Accidental striking of an alarm box, detector, circuitry, panel, or other components of an alarm system or accidental breakage or discharge of a sprinkler system or other fire extinguishing system.

5E. Accidental breakage or leak of any system that releases steam, heat, gases, water, or vapors which might activate a detector.

6F. Earthquake, lightning, or natural occurrences that result in movement or flooding of a building.

7G. Work on telephone lines or central office equipment.

20.09.030 Fees and cost recovery. 1A. Exempt Alarms.

1.1. The first preventable fire department response to fire alarms from any one system during a calendar year shall be exempt except that there shall be no exempt responses to alarms caused by alarm system monitoring companies or companies performing work on fire alarm or fire extinguishing systems when reasonable steps were not taken to prevent reporting of an alarm to the fire department.

1.2. For newly installed alarm systems, the first three preventable fire department responses to fire alarms from any one system or the first three preventable responses within 30 days of the first such alarm, whichever occurs first, are exempt.

2B. Nonexempt Fire Department Responses to Fire Alarms. Such fees as may be established by resolution of the Citycity shall be charged for nonexempt preventable fire department responses to fire alarms during a calendar year from any one system.

3C. Recovery of Costs. In addition to the fees above, the Citycity shall have the right to seek recovery of costs through civil action when there are more than three nonexempt preventable responses to fire alarms during a calendar year. Costs shall include the following:

3.1. Personnel costs (including salaries, overtime, fringe benefits) for the time that involved personnel were not available to respond to valid emergencies.

3.2. Apparatus costs according to the “Recommended Fee Schedule” of the Washington State Association of Fire Chiefs.

3.3. Administrative costs and court costs.

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20.09.040 Responsibilities. 1A. The owner of the alarm system or subscriber of an alarm service shall be responsible for all preventable fire department responses resulting from activation of a fire alarm system including those caused by tenants or any other occupants of the building or occupancy, except that fire alarm monitoring companies shall be responsible for their erroneous transmission of alarms and companies performing work on fire alarm or extinguishing systems shall be responsible when such work results in a fire department response.

2B. When a preventable fire department response to a fire alarm has occurred, the responsible party shall, within 30 days, make a written report to the fire chief on forms provided by the fire department, stating the reasons for such alarm and the corrective action taken to prevent recurrence.

20.09.050 Notice of fee. 1A. Notice of imposition of a fee under the provisions of this chapter shall be sent by mail or delivered personally to the owner; provided, that with respect to business premises, mailing, or personal delivery to the manager or chief administrative agency regularly assigned or employed at the premises at the time of the occurrence of a false alarm shall be deemed to be the mailing or personal delivery to the owner.

2B. The notice shall specify the sanctions imposed and shall advise the owner that unless the owner requests a hearing with the City Manager city manager as set forth in BMC 20.09.060 by filing written request with the City Manager city manager within 15 days of the date of the notice, the sanctions will be imposed.

20.09.060 Hearing from administrative decision – Finality. 1A. Any person subject to the imposition of a fee under the terms of this chapter shall have a right to a hearing with the City Manager city manager upon filing a timely written request.

2B. The request for a hearing must be made in writing and filed with the City Manager city manager within 15 days of the date of the notice of administrative decision required in BMC 20.09.050. Upon receipt of a timely written request, the City Manager city manager shall schedule a hearing date and inform the owner of the date, time and place of the hearing. The City Manager city manager shall consider the record of past false alarms, any corrective action taken and any inspection reports on the cause of the false alarm. If the City Manager city manager determines that the false alarms are not caused by the owner or the owner’s employees or agents and that reasonable steps have been taken to correct the problem, the fee or other sanction may be suspended, in whole or in part. The City Manager city manager shall keep a written report of the hearing including a statement of reasons for whatever action is taken.

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Exhibit E Amendments to Ch. 20.32 BMC

Fire Hydrants

Sections: 20.32.010 Definitions. 20.32.020 Compliance with chapter required. 20.32.030 Water service. 20.32.040 Private hydrants – Restrictions. 20.32.050 Flush-type hydrants – Restrictions. 20.32.060 Foot valves. 20.32.070 Service main leads. 20.32.080 Provisions for private property. 20.32.090 Distance between hydrants - Generally 20.32.120 Standard fire hydrant specifications. 20.32.130 Installation – Generally. 20.32.140 Installation – Facing and clearance. 20.32.150 Installation – Protective posts. 20.32.160 Effect of provisions on existing hydrants. 20.32.170 Obstructions prohibited – Maintenance. 20.32.180 Installation – Agent. 20.32.190 Chlorine treatment. 20.32.19020.32.200 Proof of compliance required prior to issuance of building permit.

20.32.010 Definitions.

Whenever the following terms are used in this chapter they shall have the meanings as defined in this section. The definitions given shall not necessarily be limited to the meanings given whenever the term is one of common usage, in which case the definition shall be augmented and enlarged by accepted public use of the term.

1A. “Approved” means acceptable to the Fire Marshal fire code official.

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2B. “Assembly occupancies” includes, but is not necessarily limited to, churches, eating and dining establishments, and meeting rooms with an occupant load greater than 50 persons, such as city council chambers.

3C. “Available fire flow” means the water that is available in a water system to meet the required fire flow. The available fire flow shall be determined by the water purveyor through actual water flow tests or computer modeling.

4D. “Commercial and industrial properties” includes, but is not necessarily limited to, such risks as retail stores, wholesale outlets, retail and wholesale storage and warehouses, service stations, manufacturing facilities, garages, theaters, hotels, motels, restaurants, bars and taverns, banks, office buildings and professional offices, showrooms, barber and beauty shops, and high-density dwellings (multifamily).

5E. “Educational properties” means schools, public or private, and daycare facilities.

6F. “Fire department” means the fire department of the city Fire Department of the City and/or any recognized fire department normally responding into the area, to include private fire brigades organized, trained, and equipped to protect specified property.

7G. “Fire flow” means the amount of water required to extinguish a fire. For the purpose of this chapter, the requirement shall be established by the Fire Marshal fire code official.

8H. “Fire lane” means an area providing unobstructed access from the public right-of- way to fire hydrants, fire department connections (FDC) and building access.

9I. “Flush-type hydrant” means a hydrant installed entirely below grade.

10J. “Institutional properties” includes, but is not necessarily limited to, places of worship, public and private hospitals, nursing homes, lodges, assisted living facilities, and social orders, unless the structure contains a function of a commercial or industrial nature.

11K. “Private hydrant system” means a fire hydrant system situated and maintained to provide water for firefighting purposes with restrictions for its use limited to certain defined property or properties. The location may be such that it is not readily accessible for immediate use of the fire department for other than private property.

12L. “Public hydrant” means a fire hydrant situated and maintained to provide water for firefighting purposes without restriction as to use. The location is such that it is accessible for immediate use of the fire department.

13M. “Residential properties” means those intended for a purpose of human habitation. Whenever the words “single-family dwelling” are used they shall also include the structure known as a “duplex,” a two-family dwelling, and detached condominium units. A residence constructed and equipped for occupancy by more than two families and townhouses with

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three or more units shall be defined as a “multifamily dwelling” or “high-density dwelling,” the terms being identical in meaning.

20.32.020 Compliance with chapter required.

The installation of fire hydrants in accordance with this chapter shall be required of the owner and/or developer of any future business, commercial, institutional, or industrial facility, dwelling, or dwelling development.

20.32.030 Water service.

All fire hydrants installed as required by this chapter shall be served by the City city water department, by a water district, or by other adequate means as approved by the City city. The water authority water purveyor and the fire code official Fire Marshal shall be notified in writing when the system is available for use.

20.32.040 Private hydrants – Restrictions. Private hydrant systems as defined in BMC 20.32.010 shall not normally be installed. When deemed necessary by the fire code official Fire Marshal, private hydrant systems shall be limited to those cases when the number of public hydrants installed under the distance provisions of this chapter is insufficient. Private hydrant systems shall meet city the City’s requirements for public hydrant systems and shall be located as designated by the fire code official Fire Marshal and the approving authority. The city City shall have the right to go upon the premises and to use the private hydrant systems for public purposes, including testing, flushing, and emergency uses.

20.32.050 Flush-type hydrants – Restrictions.

The installation of flush-type hydrants is prohibited unless approved by the fire code official Fire Marshal in conjunction with the water purveyor.

20.32.060 Foot valves.

1. There shall be a foot valve installed between the service main and the hydrant sufficient to permit the repair and replacement of the hydrant without disruption of water service. The type and style shall be determined by the approving authority. The location of all such valves installed shall be properly and accurately marked on identifiable plans or drawings, two copies of which shall be furnished to the approving authority. This valve shall be furnished with a standard valve box.

2. The lead from the service main to the hydrant shall be no less than six inches in diameter.

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20.32.070 Service main leads.

The lead from the service main to the hydrant shall be no less than six inches in diameter. Any hydrant leads over 50 feet in length from the service main to the hydrant shall be not less than eight inches in diameter. The provisions of this section shall apply without exception and regardless of the size of the service main.

20.32.080 Provisions for private property.

All hydrants on private properties shall be provided with an all-weather roadway capable of supporting fire apparatus. Such roadways shall be no less than 20 feet in width. Such roadways on private property leading to hydrants shall be designated fire lanes and shall not be obstructed in any manner. All mains on private property serving more than one fire hydrant shall be circulatory and not less than eight inches in diameter. The hydrants shall be not more than 300 feet (91.5 meters) apart measured around the perimeter 50 feet (15.3 meters) from the building. All buildings, except single-family dwellings, that are located so that a portion is more than 150 feet from a street property line, or located at a different elevation than the street, shall have fire hydrants around the perimeter thereof to be located on the property as directed by the fire code official. All hydrants on public or private properties shall be provided with an all-weather roadway capable of supporting fire apparatus. Such roadway shall be no less than 20 feet in width. Such roadways on private property leading to hydrants shall be designated fire lanes and shall not be obstructed in any manner.

20.32.090 Distance between hydrants – Generally.

Distance between fire hydrants shall be in accordance to IFC Appendix C or as approved by the Fire Marshal.

20.32.120 Standard fire hydrant specifications.

1A. Standard hydrants shall have two hose outlets that are two and one-half inches (63.5 mm) in size and one pumper port outlet.

1.1. New fire hydrants to be placed in the King County portion of the city shall have a pumper port four inches (101.6 mm) in diameter with Seattle Standard threads. The hose outlets shall be two and one-half inches (63.5 mm) in diameter with a National Standard thread.

1.2. New fire hydrants to be placed in the Snohomish County portion of the city shall have a pumper port four and one-half inches (114.3 mm) in diameter with National

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Standard threads. The hose outlets shall be two and one-half inches (63.5 mm) in diameter with National Standard threads.

2B. Each new fire hydrant shall be provided with an adapter that will convert the threaded pumper port to a four-inch (101.6 mm) Storz connection. This fitting shall be provided with set screws to anchor it to the threads along with a cap that is attached to the fitting with a cable or as approved by the fire code official.

3C. The main valve opening of all fire hydrants shall not be less than 4 ¼ inches (133.4 mm) five and one-quarter inches

20.32.130 Installation – Generally.

Fire hydrants shall be installed to meet City of Bothell Design and Construction Standards to include, but not be limited to, concrete blocking and strapping in all cases. The installation must also be approved by the city public works department City’s Public Works Department and the appropriate water purveyor, who shall also approve the selection and use of all pipe, fittings, and valves.

20.32.140 Installation – Facing and clearance.

Hydrants shall stand plumb; be set to the established grade with the lowest outlet of the hydrant no less than 18 inches above the bottom of the hydrant flange, and no less than 36 inches of clear area about the hydrant for clearance of the hydrant wrench on both outlets and on the control valve. The pumper port shall face the street. Where the street cannot be clearly defined or recognized, the port shall face the most likely route of approach and location of the fire truck while pumping, to be determined by the fire code official Fire Marshal.

20.32.150 Installation – Protective posts. Where needed, the fire code official Fire Marshal may require hydrants to be protected by two or more guard posts. Each post shall be not less than eight inches in diameter by five feet in length, made either of reinforced concrete or steel, their location to meet the provisions of installed in accordance with IFC 312 and BMC 20.32.140.

20.32.160 Effect of provisions on existing hydrants.

If there presently exist fire hydrants which do not conform to the requirements of this chapter, such hydrants when replaced shall be replaced with hydrants which do conform to the standards defined in this chapter. This does not preclude a requirement by proper authority that a deficient hydrant must be replaced should structural conditions of the area change to require a hydrant or hydrants of larger flow capacity.

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20.32.170 Obstructions prohibited – Maintenance.

1 No one shall plant any vegetation, erect any structure, or perform any action which results in obstructing the view of a fire hydrant for a distance of 100 feet from any direction of approach. The owner/occupant of any area in which a hydrant is located shall be responsible for removing weed and tree growth from around the hydrant for a distance of no less than 10 feet. The purpose of this section is to maintain visual area around the hydrant and is in addition to the requirements of BMC 20.32.140.

2 No parking is allowed within 15 ft of a fire hydrant (RCW 46.61.570). Per IFC 507.5.4, unobstructed access to fire hydrants shall be maintained at all times. The Fire Department shall not be deterred or hindered from gaining immediate access to fire protection equipment or hydrants. Obstructions to fire hydrants may result in a fine as determined by the Fire Marshal.

The purpose of this section is to maintain access and a visual area around the hydrant and is in addition to the requirements of BMC 20.32.140.

3 Maintenance of private fire hydrants is the responsibility of the Property Owner. Maintenance shall comply with IFC 507.5.2 through 507.5.6 and NFPA 25. Maintenance records shall be maintained as required by the Fire Marshal. Maintenance reports shall be uploaded into www.thecomplianceengine.com

20.32.180 Installation – Agent.

The installation of fire hydrants may be accomplished by a recognized licensed contractor. All installations shall be approved by the fire code official Fire Marshal, city public works department the City’s Public Works Department, or other and the water purveyor.

20.32.190 Chlorine treatment.

Following the installation of fire hydrants all piping, valves, and hydrants shall be treated with chlorine as prescribed by law for installation of any other facility on a potable water system.

20.32.19020.32.200 Proof of compliance required prior to issuance of building permit.

The passage of the ordinance codified in this chapter is necessary for the protection of health, safety, and welfare of the citizens of the city. No building permits shall be issued for erection of any building or structure until reasonable proof of intent to comply with this

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SUMMARY OF ORDINANCE NO. (2021)

City of Bothell, Washington

On the XX day of XX, 2021, the City Council of the City of Bothell passed Ordinance No. XX (2021). A summary of the content of said Ordinance, consisting of the title, is provided as follows:

AN ORDINANCE OF THE CITY OF BOTHELL, WASHINGTON, AN ORDINANCE OF THE CITY OF BOTHELL, WASHINGTON, RELATING TO THE STATE BUILDING CODE AND LOCAL AMENDMENTS THERETO; AMENDING CHAPTERS 20.02, 20.04, 20.08, AND 20.32 OF THE BOTHELL MUNICIPAL CODE TO ADOPT THE 2018 STATE BUILDING CODE AND LOCAL AMENDMENTS THERETO; REPEALING CHAPTER 20.10 OF THE BOTHELL MUNICIPAL CODE; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE, AND CORRECTIONS.

The full text of this Ordinance will be mailed upon request.

LAURA HATHAWAY CITY CLERK

FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: (2021)

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January 12, 2021 Agenda Packet Page 286 of 292 CONSTRUCTION TIP SHEET 0 Permits Required (Single Family) Att-2 December 31, 2019

This Tip Sheet reflects some permitting requirements resulting from a collaboration of participating jurisdictions.

√ PERMITS REQUIRED: Common examples

This table provides common examples for one- and

y County t

two-family dwelling alterations, improvements and

additions where permits are typically required. If u

your property is located in a CRITICAL AREA, Co SHORELINE AREA or SENSITIVE AREA, please g

check with your local jurisdiction for permit n i

requirements. Bellevue Bothell Burien Edmonds Issaquah Kenmore K Kirkland Mercer Island CreekMill Newcastle Sammamish SeaTac Snohomish Snoqualmie Carports √ √ √ √ √ √ √ √ √ √ √ √ √ √ Decks more than 30" above grade (measured vertically to the grade below at any point within 36" √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ of the outer edge of deck) N/ Dock repairs and additions √ √ √ √ √ √ √ √ √ √ √ √ √ √ A Electrical circuits and services √ √ √ √ √ √ Exterior doors, windows, and skylights that √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ require a new opening or larger opening Fireplaces, wood-burning stoves, and √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ inserts Furnaces, air conditioners, and heat √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ pumps Garage conversion to living space √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ Gas piping √ √ √ √ √ √ √ √ √ √ √ √ √ √ Home-businesses (home occupations) √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ Interior remodels √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ Backflow prevention devices √ √ √ √ √ √ √ √ √ √ √ √ √ √ Mother-in-law apartments (ADU) √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ Hose bibs and drinking fountains √ √ √ √ √ √ √ √ √ √ √ √ √ √ Rockeries and retaining walls over 4' in √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ height or supporting a surcharge Spas and saunas that are portable and plug in √ √ ------√ ------√ √ --- √ ------(requiring no electrical work) Spas and saunas that are site built √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ Swimming pools, spas, and portable pools all in-ground pools and prefabricated above-ground √ √ √ √ √ √ √ √ √ √ √ √ √ √ √ pools 2' deep or more or over 5,000 gallons Water heater installation √ √ √ √ √ √ √ √ √ √ √ √ √ √

Electrical permits regulated by Washington State √ Permit is required in this jurisdiction Labor & Industries Permit Required if > 200 sq ft inside an Urban --- Permit is not required in this jurisdiction Growth Area (UGA) or > 400 sq ft outside of UGA Plumbing permits regulated by King County Health Department

GENERAL INFORMATION: • The intent of this Tip Sheet is to provide a general understanding of the code requirements and does not address the subject in great detail. • Additional information can be obtained from your local participating jurisdictionJanuary 12, 2021. Agenda Packet Page 287 of 292 Page 1 of 2 Permits NOT Required (Single Family)

--- PERMITS NOT REQUIRED: Common

examples

This table provides common examples for one- and y

t two-family dwelling alterations, improvements and

additions where permits are typically not required*. If u

your property is located in a CRITICAL AREA, Co

SHORELINE AREA OR SENSITIVE AREA, please g n

contact the local jurisdiction to verify that the work i listed here is still exempt from a permit. Bellevue Bothell Burien Edmonds Issaquah Kenmore K Kirkland Mercer Island CreekMill Newcastle Sammamish SeaTac Snohomish County Snoqualmie Accessory structures (one-story detached) used as tool

and storage sheds, tree-supported play structures, 200 playhouses, and similar uses not exceeding _____ square 200 200 200 200 200 200 200 200 200 200 200 200 120 feet Bathroom and kitchen fixture replacements without plumbing line modifications such as sinks and toilets (Note: ------Tub and shower replacement does require a permit.) Decking replacement on decks without changing or ------adding any other structural members or removing guardrails Decks less than 30" above grade (measured vertically to the ------grade below at any point within 36" of the outer edge of deck)

Fences not over ___ feet high 8 6 6 6 6 8 6 6 6 √ 6 6 8 6 Interior finish work such as painting, papering, tiling, ------carpeting, cabinets, countertops, and similar finish work Portable appliance replacement in the same location without modification to gas, plumbing lines, or electrical ------circuits Re-roof overlay if limited to 2 total layers of roofing --- √ ------√ --- √ material Re-roofing (tear off and replace) using same type of roofing --- √ --- √ ------√ --- √ provided roof sheathing is not altered Retaining walls or rockeries which are not over 4' in height measured from the bottom of the footing to the top of ------the wall unless supporting a surcharge Sidewalks and driveways that are not in or connected to the right of way, are not more than 30" above grade and are ------not over a basement or story below Siding replacement when non-structural (except for EFIS -exterior finish and insulation systems - veneer, or ------√ stucco) Swings, slides, and other playground equipment ------Window and door replacement in-kind window replacement where no alteration of structural members, window U-value meets prescriptive requirements of the ------√ energy code, safety glazing is provided where required, fall protection is provided where required, and egress requirements are maintained Window awnings supported by an exterior wall which do not project more than 54" and do not require ------additional support NOTE: Although a building permit may not be required, work shall still be code compliant. Land use or zoning requirements may apply regardless of building permit requirements. Permit required if fence is over 6 feet with an √ Permit is required in this jurisdiction additional 2 feet of lattice on top Permit Required if > 200 sq ft inside an Urban --- Permit is not required in this jurisdiction Growth Area (UGA) or > 400 sq ft outside of UGA Permit not required for decks <30” above grade, Permit is required if structure is in Airport Noise <200 sq ft, detached from a single-family Reduction Zone 1 residence and not serving the exit door.

TABLE R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA

ROOF WIND DESIGN SEISMIC SUBJECT TO DAMAGE FROM OUTDOOR ICE BARRIER FLOOD AIR ME AN SNOW DESIGN DESIGN UNDERLAYMENT HAZARD FREZING ANNUAL a L O AD Sp eed b Topographic Special wind Windborne CATEGORY Weatheringc Frost line Termite TEMP (F) - REQUIRED INDEX TEMP (psf) (mph) effectsb region debris zone depth Heat/Cool 25 110 Yes No No D2 Moderate 12” Slight to 83/24 No See BMC 113 53 Moderate

MANUAL J DESIGN CRITERIA

Elevation Latitude Winter Summer Altitude Indoor design Design temperature Heating temperature heating cooling correction factor temperature cooling difference

o o o o o o 338 feet 47 34’39’’ 72 F max 75 F min 0.99 72 F 75 F 48 F

Cooling Wind velocity Wind velocity Coincident Daily Winter Summer temperature difference heating cooling wet bulb range humidity humidity

8oF N.A. N.A. 66 Medium 75% 68% a This is the minimum roof snow load. When using this snow load it w ill be left to the engineer’s judgment w hether to consider drift or sliding snow . How ever, rain on snow surcharge of 5 psf must be considered for roof slopes less than 5 degrees. b Wind exposure category and Topographic effects (Wind Speed-up Kzt factor) shall be determined on a site-specific basis by the Engineer of Record (components and cladding need not consider topographic effects unless otherw ise determined by the engineer of record). c Weathering may require a higher strength concrete or grade of masonry than necessary to satisfy the structural requirements of this code. The grade of masonry units shall be determined from ASTM C 34, C 55, C 62, C 73, C 90, C 129, C 145, C 216 or C 652.

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Notes for Table R301.2(1) Manual J Design Criteria Comments Elevation Varies use average elevation of jurisdiction Latitude 47o for King County Jurisdictions 48o for Snohomish County Jurisdictions Winter Heating 72oF (WSEC R302.1) Summer Cooling 75oF (WSEC R302.1) Altitude 0.99 ACF= 1 - 0.0000308 x elevation Correction Factor Indoor Design 72oF Interior heating design temperature Temperature Design 75oF Interior cooling design temperature Temperature Cooling Heating 45oF HTD = indoor design temp - 99% db Temperature 72-27 = 45 Difference Cooling 7oF CTD = Outdoor 1% db – design temp Temperature cooling Difference 82-75=7 Wind Velocity N.A. Not applicable Heating Wind Velocity N.A. Not applicable in our region Cooling Coincident Wet 66 T 1A Bulb Daily Range Medium T1-A Winter Humidity 75% Weather Atlas www.weather-us.com Summer Humidity 68% Weather Atlas www.weather-us.com

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