HomeMy WebLinkAbout04082013 City Council Packet ‘,. Seward City Council
Agenda Packet
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April 08 2013
City Council Chambers Beginning at 7:00 p.m.
1963 1965 2005 The City of Seward, Alaska
1 CITY COUNCIL MEETING AGENDA All- A 4,7 4
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1 I {Please silence all cellular phones and pagers during the meeting} p .
April 8, 2013 7:00 p.m. Council Chambers
1. CALL TO ORDER
David Seaward 2. PLEDGE OF ALLEGIANCE
Mayor 3. ROLL CALL
Term Expires 2013 4. CITIZEN COMMENTS ON ANY SUBJECT EXCEPT THOSE
ITEMS SCHEDULED FOR PUBLIC HEARING [Those who have
Jean Bardarson signed in will be given the first opportunity to speak. Time is limited to
Vice Mayor 3 minutes per speaker and 36 minutes total time for this agenda item.]
Term Expires 2014 5. APPROVAL OF AGENDA AND CONSENT AGENDA [Approval
of Consent Agenda passes all routine items indicated by asterisk ( *).
Robert Valdatta Consent Agenda items are not considered separately unless a council
Council Member member so requests. In the event of such a request, the item is returned
Term Expires 2013 to the Regular Agenda]
Christy Terry 6. SPECIAL ORDERS, PRESENTATIONS AND REPORTS
Council Member
Term Expires 2013 A. Proclamations and Awards
Vanta Shafer 1. Recognizing the Retirement of Superintendent Craig
Council Member Turnbull .Pg. 4
Term Expires 2013 2. Recognizing 2013 Iditarod Champion Mitch Seavey Pg. 5
3. Recognizing John French for representing the City of Seward on
Marianna Keil the Prince William Regional Citizens' Advisory Council for the last
Council Member ten years.
Term Expires 2014 4. Recognition of Flip Foldager's Governor's Special Achievement
Award for Safety.
Ristine Casagranda
Council Member B. Borough Assembly Report
Term Expires 2014 C. City Manager's Report
D. City Attorney's Report
E. Mayor Report
James Hunt F. Other Reports and Presentations
City Manager
1. Presentation of Alaska Railroad Seward Master Plan by Vice
Johanna Kinney President of Real Estate Jim Kubitz.
City Clerk 2. Baseline Trail Presentation by Tim McDonald Pg. 6
Cheryl Brooking
City Attorney
SNow
City of Seward, Alaska Council Agenda
April 8, 2013 Page 1
7. PUBLIC HEARINGS - None
8. UNFINISHED BUSINESS
A. Items Postponed from Previous Agenda — Ordinance for Introduction
1. Ordinance 2013 -003, Amending The Zoning Designation Of A Small Portion,
Approximately Three -Fourth (3/4) Of An Acre, Of City Owned Land Located Within Tract G Of
The Water Front Park Boundary From Harbor Commercial Zoning (HC) To Park (P) Zoning
District (Clerk's Note: this Ordinance for Introduction was postponed from the February 25,
2013 agenda. The main motion was made by Casagranda and seconded by Keil).. Pg. 7
9. NEW BUSINESS
A. Ordinances for Introduction
*1. Ordinance 2013 -004, Amending Seward City Code, Section 12.05.031, International
Mechanical Code, Adopting The 2012 International Mechanical Code (IMC) Including
Revisions Pg. 17
*2. Ordinance 2013 -005, Amending Seward City Code, Section 12.0.11, International
Building Code, Adopting The 2012 International Building Code (IBC) Including
Revisions pg. 26
*3. Ordinance 2013 -006, Amending Seward City Code, Chapter 9.15, Health And
Safety, Adopting The 2012 Edition Of The International Fire Code (IFC), Including
Revisions Pg. 50
B. Resolutions
*1. Resolution 2013 -021, Adopting The Planning And Zoning Commission Priorities
From April 2013 To April 2014 Pg. 71
2. Resolution 2013 -022, Approving A Management And Operating Agreement Between
The City Of Seward And Providence Health & Services — Washington, D /B /A Providence
Health & Services Alaska Pg. 77
3. Resolution 2013 -023., Authorizing The City Manager To Enter Into A Construction
Contract With Harmon Construction In An Amount Not To Exceed $549,786 For The Vessel
Wash Down Pad At The Seward Marine Industrial Center (SMIC) And An Additional $106,900
In Project Contingency And Construction Management Costs, And Appropriating Funds.Pg. 113
4. Resolution 2013 -024, Authorizing The City Manager To Enter Into A Contract With
Orion Marine Contractors, Inc For An Amount Not To Exceed $215,500 For Insured Repairs To
Syncrolift ....Pg. 123
5. Resolution 2013 -025, Authorizing Payment In The Amount Of $60,000 To Contribute
Nord
City of Seward, Alaska Council Agenda
April 8, 2013 Page 2
To The Hiring Of A Chief Executive Officer For Alaska Railbelt Cooperative Transmission
Electric Company, And Appropriating Funds .Pg. 143
C. Other New Business Items
411 11krr
*1. Appoint Jim Herbert to fill the City of Seward seat on the Prince William Sound
Regional Citizen's Advisory Council .Pg. 145
2. Discussion and direction on the 2012 International Residential Code regarding
sprinkler requirements .Pg. 148
3. Select a council member to travel with administration for a legislative trip to
Washington, D.C. and a Port Development trip to Seattle (approximately April 22 -25, 2013).
4. Bring forward a new appeal to the incorrect conflict of interest ruling of Council
Member Keil and Vice Mayor Bardarson on the Community Health Center Board.
(Shafer) Pg. 221
10. INFORMATIONAL ITEMS AND REPORTS (No Action Required)
a. March 11, 2013 Letter to House Finance Committee Regarding House Bill 75 Re:
Pick - Click -Give Program.. Pg. 222
11. COUNCIL COMMENTS
12. CITIZEN COMMENTS [5 minutes per individual - Each individual has one
opportunity to speak.]
13. COUNCIL AND ADMINISTRATION RESPONSE TO CITIZEN COMMENTS
14. ADJOURNMENT
City of Seward, Alaska Council Agenda
April 8, 2013 Page 3
rK0cLAMATI0N
,......0
WHEREAS, Craig T urnbull began his career with the Alaska Department of
Corrections in 199 1 as a Guard at 5pring Creek Correctional Center and
WHEREAS, Craig was instrumental in putting the Youthful Offender Program
in place which touched the lives of over +00 inmates, nearl 200 of whom were able to
obtain their high school diploma or GL D as a result and
WhERF A5, Craig was promoted to Correctional Officer 111 in 1995 and
WHEREAS, in 1997, Craig was named the 5pring Creek Correctional
C enter's 1 mployee of the Year and
WHERE A5, Craig was promoted to Assistant Superintendent in 2000, and
then promoted again to Superintendent less than two y ears later and
WHEREAS, A5, Craig Turnbull officiall retired from the Alaska Department of
C orrections on rebruary 28, 2013.
NOW, THEREFORE, 1, David 5eaward, Ma of the Cit of Seward,
Alaska, do hereb congratulate 5uperintendent Craig Turnbull on his retirement and
commend him for his man years of service.
DATED this 8t1, Day of April, 201 The Cit of Seward, Alaska
David Seaward, Mayor
NS
".\
PROCLAMATION
WHEREAS, Mitch Seavey, the son of Dan and Shirley Seavey, grew up in Seward and
graduated from Seward High School; and
WHEREAS, Mitch and the Seavey family have been running dogs since 1963, and
Mitch served as Dan's dog handler during the first two Iditarod Races in 1973 and 1974; and
WHEREAS, in 2004, Mitch Seavey won the Iditarod for the first time, and became the
first person in his family to win the Iditarod; and
WHEREAS, in 2012, Mitch's son, Dallas, won the Iditarod for the first time, and
became the youngest person to win the Iditarod; and
WHEREAS, also in 2012, Mitch's father, Dan, completed the Iditarod for a fourth time,
this time in celebration of the 100th Anniversary of the Iditaord National Historic Trail; and
r .
WHEREAS, on March 13, 2013, with his lead dog, Tanner, Mitch Seavey won the
Idiatord for asecond time, finishing in nine days, seven hours, 39 minutes and 56 seconds.
NOW, THEREFORE, I, David Seaward, Mayor of the City of Seward, Alaska, do hereby
congratulate Mitch Seavey as the 2013 Iditarod Champion, and acknowledge with sincere
appreciation the many contributions the entire Seavey family has made to our community
and the sport of dog racing.
DATED this 8th Day of April, 2013 The City of Seward, Alaska
David Seaward, Mayor
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Sponsored by: Planning and Zoning Commission
Introduction: February 25, 2013
fir. Introduction Postponement: April 08, 2013
Public Hearing: April 22, 2013
Enactment: April 22, 2013
CITY OF SEWARD, ALASKA
ORDINANCE 2013 -003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING THE ZONING DESIGNATION OF A SMALL
PORTION, APPROXIMATELY THREE- FOURTH (3/4) OF AN ACRE, OF
CITY OWNED LAND LOCATED WITHIN TRACT G OF THE WATER
FRONT PARK BOUNDARY FROM HARBOR COMMERCIAL ZONING
(HC) TO PARK (P) ZONING DISTRICT
WHEREAS, administration hired Cline and Associates Land Surveyors to prepare a
preliminary plat of the City owned lands, establishing the perimeter boundary of the historical area
commonly known as Waterfront Park; and
WHEREAS, by Resolution 2011 -037, dated May 23, 2011, Seward City Council
recommended the Kenai Peninsula Borough Plat Committee approve the Waterfront Park replat; and
WHEREAS, the Kenai Peninsula Borough approved the Waterfront Park Replat which was
recorded as plat 2012 -04 in the Seward Recording District on June 8, 2012; and
WHEREAS, located within the Tract G, Waterfront Park Replat is a relatively small,
approximately three -fourth ( of an acre section of land, that is currently zoned Harbor Commercial
(HC); and
WHEREAS, the parcel known as Tract G of the Waterfront Park Replat, is located
immediately south of Tract H which is commonly known as the South Harbor Uplands and east of
the privately owned Harbor Light Apartments; and
WHEREAS, the approximate three - fourth ( of an acre area, proposed in this rezone, has
historically been used as a motor home camping area of Waterfront Park; and
WHEREAS the Land Use Plan Map, the 2020 Comprehensive Plan and the Seward Strategic
Plan all support Tract G, Waterfront Park be designated as Park Zoning; and
WHEREAS, at the February 5, 2013 meeting, the Planning and Zoning Commission held a
public hearing and recommended City Council approval of the proposed Zoning Map amendment
included in this ordinance.
CITY OF SEWARD, ALASKA
ORDINANCE 2013 -003
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,
HEREBY ORDAINS that:
Section 1. The official City of Seward Zoning Map is hereby amended changing the zoning
designation of all lands within Tract G, of the Waterfront Park Subdivision to Park Zoning District.
Section 2. This ordinance shall take effect ten (10) days following its enactment.
ENACTED by the City Council of the City of Seward, Alaska, this 1 1 t day of March
2013.
THE CITY OF SEWARD, ALASKA
David Seaward, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Johanna Kinney, CMC
City Clerk
(City Seal)
-
Agenda Statement
e 4OF set
Meeting Date: March 11, 2013 . _ o
To: City Council q p
Through: Jim Hunt, City Manag: ,
Throught: Ron Long, Assistant City anager
From: Donna Glenz, Planner a
Agenda Item: Ordinance 2013- Oda amending he zoning designation of less than
% of an of City owned land located within Tract G of the Waterfront
Park Replat
BACKGROUND & JUSTIFICATION:
Attached for the Seward City Council's approval is Ordinance 2013 -W amending the zoning
designation of a small portion (less than three -fourth % acre) of Tract G, Waterfront Park Replat
from Harbor Commercial (HC) to Park Zoning District (P).
Administration hired Cline and Associates Land Surveyors to prepare a preliminary plat of the City
owned lands, establishing the perimeter boundary of the historical area commonly known as
Waterfront Park. By Resolution 2011 -037, dated May 23, 2011, Seward City Council recommended
the Kenai Peninsula Borough Plat Committee approve the Waterfront Park replat. The Kenai
Peninsula Borough approved the Waterfront Park Replat which was recorded as plat 2012 -04 in the
Seward Recording District on June 8, 2012.
Sow
The area known as Waterfront Park contains 106.97 acres having a legal description of Seward
Original Townsite, Waterfront Park Replat. Tract G of the Waterfront Park is located at the North
boundary, within the established park boundary. The area of Tract G, proposed in this rezone is
located south of the South Harbor Uplands and east of the Harbor Lights Apartments. The small area
of Harbor Commercial Zoning within Tract G is approximately 31,000 square feet, less than three -
fourth (%) of an acre. The area has historically been used as a campground for summer visitors'
motorhome parking.
The surrounding zoning is Park on the East and South and Harbor Commercial to the West and
North. Property use to the East is summer camping, parking and Resurrection Bay. To the South is
Scheffler Creek better known as the "Fish Ditch" and Waterfront Park. To the West is an
undeveloped alley containing a tree buffer and the back of the Harbor Lights Apartments. To the
North is the driveway access to the South Harbor Uplands and open parking area.
Seward City Code SCC §15.01.035, Amendments, (b) (3) allows the consideration of this rezone
because the land is contiguous to the requested Park Zoning District and is recommended by the
Land Use Plan.
The Land Use Map, as adopted by the 2020 Comprehensive Plan, designates the area requested for
rezone as Park (P). As defined in SCC 15.05.025 (b)( (12) Parks district (P) is intended to designate
park, recreation and commemorative property owned by the city, state or federal governments for
Sow recreation and other compatible public purposes.
INTENT: Rezone less than three -fourth ( acre of Waterfront Park, Tract G from Harbor
Commercial (HC) to Park (P).
CONSISTENCY CHECKLIST: Yes No N/A
Comprehensive Plan (2020): 2.0 Community Vision and Values for 2020
Recreation:
"We value diverse, year- round, indoor and outdoor recreational
1. opportunities and facilities for residents and visitors of all ages and X
socioeconomic backgrounds.
(Bullet 4, page 12) Protect open space by ensuring that Waterfront Park
is platted, zoned, and dedicated for park purposes in perpetuity
Strategic Plan (1999): Recreation and Leisure(page 12)
Protect Waterfront Open Space
2. (Bullet 1) Maintain Park Zoning designation throughout Waterfront X
Park.
3 Seward Land Use Plan (2020 Comp Plan): Supports the Waterfront X
Park area as Park (P) zoning.
FISCAL NOTE:
The City of Seward will have no costs associated with this amendment to the Zoning Map.
Approved by Finance Department:
ATTORNEY REVIEW: Yes d" �/
No Nwrif
Staff Comments:
Community Development staff has presented the zoning change to all department heads for review
and discussion. All departments support the requested zoning changes.
Public Comment:
Property owners within three hundred (300) feet of the proposed rezone action were notified. Public
notice signs were posted on the property, and all other public hearing requirements of Seward City
Code §15. 01.040 were complied with. The Planning and Zoning Commission held apublic hearing
on February 5, 2013. No public comment was received during the public meeting. The Commission
approved Resolution 2013 -01, recommending the Council approval of the rezone.
One public comment was received in January 2013, in non - support of the rezone. This comment has
been included in your packet.
RECOMMENDATION:
The Seward Planning and Zoning Commission recommends by P &Z Resolution 2013 -01:
March 11, 2013: Council introduces Ordinance 2013- 003, amending the zoning designation of
approximately three - fourth ( of an acre of City owned land located within the Waterfront Park
boundary, Tract G, Waterfront Park Replat from Harbor Commercial Zoning District (HC) to Park
Norw
(P) Zoning District.
March 26, 2013: Council conducts a public hearing and enacts Ordinance 2013 - (003 .
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Sponsored by: Staff
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2013 -01
A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF
THE CITY OF SEWARD, ALASKA, RECOMMENDING CITY COUNCIL
APPROVE THE ATTACHED ORDINANCE AMENDING THE ZONING
DESIGNATION OF A SMALL PORTION OF CITY OWNED LAND
LOCATED WITHIN TRACT G OF THE WATERFRONT PARK
REPLAT, FROM HARBOR COMMERCIAL (HC), TO PARK (P)
WHEREAS, the Kenai Peninsula Borough approved the Waterfront Park Replat which
was recorded as plat 2012 -04 in the Seward Recording District on June 8, 2012; and
WHEREAS, located within Tract G, Waterfront Park Replat is a relatively small, less
P I than three -fourth ( of an acre of land, that is zoned Harbor Commercial (HC); and
WHEREAS, the parcel known as Tract G of the Waterfront Park Replat, is located
immediately south of Tract H which is commonly known as the South Harbor Uplands and east
of the privately owned Harbor Light Apartments; and
WHEREAS, the approximate three -fourth eh) of an acre area, proposed in this rezone
has historically been used as a motor home camping area of Waterfront Park, and
WHEREAS, the Park Zoning District was established to provide areas for recreation and
conunemorative property owned by the City, state or federal governments for recreation and
other compatible public purposes; and
WHEREAS the Land Use Plan Map, the 2020 Comprehensive Nan and the Seward
Strategic Plan all support Tract G, Waterfront Park be designated as Park Zoning; and
WHEREAS, it is a goal of the Seward Comprehensive Plan to bring the Zoning Map into
conformance with the Land Use Plan; and
WHEREAS, the public notification process was complied with and the appropriate
public hearing as required by Seward City Code § 15.01.040 was conducted by the Commission
on February 5, 2013.
—c3
Seward Planning and Zoning
Resolution 2013 -01
Page2of2
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. The Seward Planning and Zoning Commission supports the proposed zoning
changes and recommends the attached Ordinance 2013- be forwarded to City Council for
approval.
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Conunission this 5th day of
February 2013.
THE CITY OF SEWARD, ALASKA
Veto-Lat_e_i
C�4
Sandi Roach', Ch
AYES: Butts, Fleming, McClure, Roach'
NOES: None
ABSENT: Ecklund
ABSTAIN: None
VACANT: Two
ATTEST:
(40 ..4./t_t_7
'Joharuna Kinney, CMC
Qity Clerk
(City Seal)
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City of Sewarc4 Alaska Planning Commission Minutes
February 5, 2013 Volume 7, Page 4
New Business Items requiring a Public Hearing
Resolution 2013 -01 of the Planning and Zoning Commission of the City of
Seward, Alaska, recommending City Council approve the attached ordinance
amending the zoning designation of a small portion of the City owned land
located within Tract G of the Waterfront Park Replat, from Harbor
Commercial (HC), to Park (P)
Glenz noted the location of the proposed rezone, referring Commissioners to wall maps in
the meeting room. The portion of property to be rezoned had been historically used as park. The
proposed rezone was supported by the City Land Use Plan and City staff recommended the rezone.
One public comment on the proposed rezone had been received, Glenz referred Commissioners to
the letter, which was included in the meeting packet.
Fleming asked why the proposed rezone was being done, since no development was
planned and the property use was to remain the same.
Glenz said the Waterfront Park was recently replated, and the property within that plat was
to be rezoned to match the designations outlined in the City Land Use Plan.
Fleming asked if it would be possible for a property developer to make use of the property
Slaw in the future.
Glenz said there were methods for proposing the use of various properties and the parcel
could, potentially, be rezoned for development in the future.
In response to Butts, Glenz stated there was no plan to develop the rezone area. She noted
a development plan for the South Harbor Uplands had not been completed.
Notice of public hearing being posted and published as required by law was noted
and the public hearing was opened. There were no requests to be heard and the public
hearing was closed..
Motion (Butts/McClure) Approve Resolution 2013 -01
Butts said a development plan for the South Harbor Uplands was needed. Butts agreed that
the parcel to be rezoned had historically been used as park.
Fleming and McClure agreed the property use could change in the future, but he enjoyed
the open space that the parcel provided.
Roach' said she believe there would be better places for shops and said that seasonal
visitors have enjoyed the open space.
Motion Passed Unanimous
1 C
Donna Glenz
Nor
From: Tom Tougas [mailto: tom @tmtalaska.com]
Sent: Wednesday, December 26, 2012 3:55 PM
To: Ron Long; Jim Hunt
Cc: Mack Funk
Subject: rezoning Harbor Commercial land to Park
Ron and Jim, As you know P &Z is holding a public hearing January 3 on a resolution to rezone a fairly large piece
of land between the Harbor Lights Apartments and the new uplands area from Harbor Commercial to Park. I'm not sure
why this is being done NOW before the new uplands development plan has not been developed or adopted? I think this
land should be included in the consideration of the Uplands site.
As you know one of Seward's greatest weaknesses is the lack of private land available for small business development.
Each Year in the budget there is discussion about how something like 68% of the land in the city is not taxable because it
is owned by the City, the Fed's or the Alaska Railroad.
If we are ever going to be serious about encouraging investment and innovation in Seward we need to address the
"Choke Hold" that the City has on the land. I oppose this effort to rezone at this time unless it's part of a larger Harbor
Development Plan. This might be a good location for Harbormaster office or shop rather than using high value Harbor
Land for parking the Harbor fleet.
I also think that the public notice that calls this area a "Small Portion of City Owned Land" is misleading! This is a large
portion of the remaining Harbor Commercial Land.
Unfortunately I will not be able to attend the P &Z meeting but I wanted to bring up these points now rather than
later. Thanks Tom
Spam
Not spam
Forget previous vote
•
•
1
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Sponsored by: Hunt
Introduction Date: April 8, 2013
Public Hearing Date: April 22, 2013
Iirr. Enactment Date: April 22, 2013
CITY OF SEWARD, ALASKA
ORDINANCE 2013 -004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING SEWARD CITY CODE, SECTION 12.05.031,
INTERNATIONAL MECHANICAL CODE, ADOPTING THE 2012
INTERNATIONAL MECHANICAL CODE (IMC) INCLUDING REVISIONS
WHEREAS, as of the 16 day of November 2012, the State of Alaska has adopted the 2009
Edition of the International Mechanical Code (IMC); and
WHEREAS, revisions the State of Alaska makes to the IMC affects the City of Seward' s
deferral from the State of Alaska; and
WHEREAS, the 2012 edition of the IMC is currently being reviewed by the State of Alaska
for proposed adoption in 2013; and
WHEREAS, the proposed amendments to the IMC are proposed by the State of Alaska and
the City of Seward; and
WHEREAS, the proposed amendments are consistent with the scope of providing a safe
place to work and live for the citizens of the City of Seward.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,
HEREBY ORDAINS that:
Section 1. The asterisks note changes made by the State of Alaska to the IMC. These
asterisks are inserted for the benefit of the reader to indicate items which were changed by the State
and cannot be modified to be any less restrictive by the City of Seward. These marks will be
removed by the City Clerk before being codified.
Section 2. The Seward City Code Section 12.05.031 is deleted in its entirety and replaced
with the following:
12.05.031 International Mechanical Code - Adopted.
a) The 2012 edition of the International Mechanical Code, including appendix chapters listed in
subsection (b) below, published by the International Code Council is hereby designated and
shall be known as the Seward Mechanical Code and shall constitute the laws of the city
fl
CITY OF SEWARD, ALASKA
ORDINANCE 2013 -004
Page 2 of 8
relating to mechanical systems. Although not published in full in this section, all of the
provisions of the International Mechanical Code and the appendices cited shall be and are
hereby adopted by reference to the same extent as if set forth in full herein, except to the
extent that the International Mechanical Code is amended by or in conflict with this code or
any relevant ordinance later adopted, in which case the provisions of this code shall apply.
b) The following revisions are made to the International Mechanical Code 2012 Edition,
hereinafter sometimes referred to as the IMC in its application as the Seward Mechanical
Code.
(1) The IMC Chapters 1 -15 and Appendix A (2012 edition) are adopted by reference to
regulate the design, installation, maintenance, alteration and inspection of mechanical
systems that are permanently installed and utilized to provide control of environmental
conditions and related processes within buildings, with the following revisions:
(2) *The IMC is revised by deleting all the references to the "ICC Electrical Code or
NFPA 70" and replacing them with "Electrical Code as adopted by 8 AAC 70.025, as
amended as of Qctober 16, 2012 and as amended from time to time."
(3) *The IMC is revised by deleting all the references TO THE INTERNATIONAL
FUEL GAS CODE, with the exception of chapters 6 and 7 (of the "International Fuel
Gas Code ") and all references to the "International Plumbing Code" and replacing
them with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of February
23, 2011 and as amended from time to time."
(4) Chapter 1 of the IMC is revised by deleting Sections 103, 104, 106 -108 and 110 and
references to the International Existing Building Code "IEBC" and the International
Energy Conservation Code "IECC."
(5) Chapter 1, Section 109 (Means of Appeal) of the IMC, is amended to reflect Seward
City Code (SCC) 9.15.112.
(6) *Chapter 3, Subsection 301.6 (Fuel gas appliances and equipment) of the IMC, is
revised by deleting the words "fuel gas distribution piping and equipment" and "fuel
gas fired appliance venting systems."
(7) *Chapter 3, Section 303.3 (Prohibited Locations) of the IMC, is revised by deleting
the words "of the International Energy Conservation Code" from the second sentence
of exception 3.
(8) * Chapter 3, Subsection 304.9 (Clearances to combustibles construction) of the IMC,
is revised to read: "Clearances to combustible construction. Heat - producing
1�
CITY OF SEWARD, ALASKA
ORDINANCE 2013 -004
Page 3 of 8
equipment and appliances must be installed to maintain the required clearances to
combustible construction as specified in the listing and manufacturer's instructions.
These clearances may be reduced only in accordance with Section 308 of the IMC.
Certain unlisted, heat - producing equipment shall be allowed if the equipment is
installed in a manner so as to maintain the clearances to combustible construction
specified in Table 308.6 "Clearance Reduction Methods ", of this Code. Clearances
to combustibles must include considerations as door swing, drawer pull, overhead
projections or shelving and window swing, shutters, coverings, and drapes. Devices
such as doorstops or limits, closers, drapery ties, or guards, may not be used to
provide the required clearances."
(9) Chapter 3, Subsection 304.9 of the IMC, is revised by amending Table 304.8 and
304.9 to read:
"Table 304.8 STANDARD INSTALLATION CLEARANCES, IN INCHES FOR
CERTAIN UNLISTED HEAT - PRODUCING APPLIANCES"
From Top
and Sides of
Above Top Warm -air
of Casing or Bonnet or From Front From Back From Sides
Appliances Fuel Appliance Plenum (1) (6) (6)
Residential -Type
Furnaces -Floor for Solid 18(2) 18(2) 48 18 18
mounting on
combustible floors
Automatic 36 12 12 12
Oil or Comb.
Gas -Oil
Room Heaters (3) Oil or Solid 36 24 12 12
Circulating type
Radiant or other type Oil or Solid 36 36 36 36
Fireplace stove Solid 48(4) 54 48(4) 48(4)
Incinerators 36(5) 48 36 36
Domestic types
Commercial -type Low Heat Appl.
Unit Heaters Floor All Fuels 18 48 18 18
mounted any size
Other Low -Heat All Fuels 18 18 48 18 18
Industrial Appl.
Floor Mounted or
Suspended
Commercial Ind. Type Med Heat Appliances
Incinerators All sizes 48 96 36 36
"Table 304.9 CLEARANCES IN INCHES, WITH SPECIFIED FORMS OF
PROTECTION"
CITY OF SEWARD, ALASKA
ORDINANCE 2013 -004
Page 4 of 8
TYPE OF
PROTECTION
Applied to the
Combustible Material
Unless Otherwise WHERE THE STANDARD CLEARANCE IN TABLE 304.8 WITH NO PROTECTION IS:
Specified and Covering
All Surfaces within the
Distance Specified as
the Required Clearance
with No Protection
36 Inches 18 Inches 12 Inches 6 Inches
(Thicknesses Are x25.4 for mm
Minimum)
x25.4 for mm Above Sides Chimney Above Sides Chimney Above Sides Chimney Above Sides Chimney
an d or Vent and or Vent an d or Vent and or Vent
Rear Connector Rear Connector Rear Connector Rear Connector
1. Vs inch 30 18 30 15 9 12 9 6 6 3 2 3
insulating
millboard spaced
out one inch _
2. 0.013 inch 24 18 24 12 9 12 9 6 4 3 2 2
(No. 28
manufacturer's
standard gage) steel
sheet on % inch
insulating
millboard
3. 0.013 inch 18 12 18 9 6 9 6 4 4 2 2 2
(No. 28
manufacturer's
standard gage) steel
sheet spaced out
one inch
4. 0.013 inch 18 12 18 9 6 9 6 4 4 2 2 2
(No. 28
manufacturer's
standard gage) steel
sheet on 1/8 inch
insulating
millboard spaced
out one inch
5. 1 '/ inches 18 12 36 9 6 18 6 4 9 2 1 6
insulating cement
covering on heating
appliance _
6. ' inch 18 12 18 6 6 6 4 4 4 2 2 2
insulating
millboard on 1 inch
mineral fiber batts
reinforced with
wire mesh or
equivalent Nod
'a
CITY OF SEWARD, ALASKA
ORDINANCE 2013 -004
Page 5 of 8
1. For appliances complying with Sections 304.2 and 304.3.
2. Except for the protection described in Item 5, all clearances shall be measured from
the outer surface of the appliance to the combustible material, disregarding any
intervening protection applied to the combustible material.
3. Spacers shall be of noncombustible material.
NOTE: Insulating millboard is a factory -made product formed of noncombustible
materials, normally fibers, and having a thermal conductivity of 1 BTU -inch per
square foot per degree Fahrenheit (1.73 W /(mK)) or less.
(10) *Chapter 3, Section 308.5 of the IMC, is revised by adding the following to the end
of the sentence: "and the manufacturers' specifications."
(11) *Chapter 3, Section 312.1 (Load Calculations) of the IMC, is revised by deleting the
words "using the design parameters specified in Chapter 3 of the International Energy
Conservation Code."
(12) *Chapter 4, Section 403.3 (Ventilation rate) of the IMC, the first sentence is revised
to read: "Ventilation systems must be designed to have the capacity to supply the
minimum outdoor airflow rate required in Table 403.3 "Minimum Ventilation
Rates" based in the occupancy of the space and the occupant load or other parameter
as stated herein, or in accordance with the American Society of Heating,
Refrigeration and Air Conditioning Engineers (ASHRAE) Standard 62 (2010
Edition) as adopted by reference."
(13) *Chapter 5, Section 514.1 (General) of the IMC, is revised by deleting the second
sentence and replacing it with "Energy recovery ventilation systems must be installed
according to the manufacturer's instructions and specifications."
(14) *Chapter 8, Section 804.1 (Direct vent termination) of the IMC, is revised by adding
a second sentence "Combustion vents for direct vent chambers are at least three foot
high or provide snowdrift prevention."
(15) *Chapter 9, Section 907.1 (General) of the IMC, is revised by adding a second
sentence to read "Commercial standard UL 2790 may be accepted as an alternative to
UL 791 and residential standard UL 508 and UL 698 may not be acceptable as an
alternative to UL 791."
(16) *Chapter 9 (Specific Appliances, Fireplaces and Solid Fuel- Burning Equipment) of
the IMC, is revised by adding Section 929 to read:
"SECTION 929 UNVENTED ROOM HEATERS.
929.1 General. Unvented room heaters shall be tested in accordance with American
National Standards Institute (ANSI) Z21.11.2 (2011 Edition), adopted by reference
CITY OF SEWARD, ALASKA
ORDINANCE 2013 -004
Page 6 of 8
and may be installed in accordance with the conditions of the listing and the
manufacturer's installation instructions.
929.2 Prohibited use. One or more unvented room heaters may not be used as the
sole source of comfort heating in a dwelling unit.
929.3 Input rating. Unvented room heaters may not have an input rating in excess of
40,000 Btu/h (11,7 kW).
929.4 Prohibited locations. Unvented room heaters may not be installed within
Group A, E, or I Occupancies. These appliances may not be located in, or obtain
combustion air from, any of the following rooms or spaces:
(1) Sleeping Rooms;
(2) Bedrooms
(3) Toilet rooms;
(4) Storage closets;
(5) Surgical rooms.
Exceptions:
a. A single wall - mounted unvented room heater equipped with and oxygen
depletion safety shutoff system and installed in a bathroom provided the input
rating does not exceed 6000 Btu per hour (1.76 kW) and the bathroom is not
a confined space.
b. A single wall - mounted unvented room heater equipped with and oxygen
depletion safety shutoff system and installed in a bedroom if the input rating
does not exceed 10,000 Btu per hour (2.93 kW) and the bedroom is not a
confined space.
929.5 Room or space volume. The aggregate input rating of all unvented appliances in
a room or space may not exceed 20 Btu/h per cubic foot of volume of the room or
space. Where the room or space in which the equipment is installed is directly
connected to another room or space by a doorway, archway, or other opening of
comparable size that cannot be closed, the volume of such adjacent room or space may
be permitted to be included in the calculations.
929.6 Oxygen - depletion safety system. Unvented room heaters shall be equipped
with an oxygen - depletion- sensitive safety shutoff system. The system shall shut off
the gas supply to the main and pilot burners when the oxygen in the surrounding
atmosphere is depleted to the percent concentration specified by the manufacturer,
but not lower than 18 percent. The system may not incorporate field adjustment
CITY OF SEWARD, ALASKA
ORDINANCE 2013 -004
Page 7 of 8
"gift,, means capable of changing the set point at which the system acts to shut off the gas
supply to the room heater.
929.7 Unvented log heaters. An unvented log heater may not be installed in a
factory -built fireplace unless the fireplace system has been specifically tested, listed,
and labeled for the use in accordance with Underwriters Laboratories (UL) 127. ";
(17) *Chapter 10, Section 1001.1 (Scope) of the IMC, is revised, with the exceptions
remaining, to read: "Scope. This chapter governs the installation, alteration, and
repair of boilers, water heaters, and pressure vessels not subject to the provisions of
the department of labor and workforce development under AS 18.60.180- 18.60.395."
(18) Chapter 10, Section 1001 (General) of the IMC is revised by adding a new section
1001.2 to read: "Boilers, water heaters and pressure vessels installed in accordance
with this chapter shall be braced, anchored or strapped to resist falling or horizontal
displacement due to 'seismic activity or flooding conditions."
(19) *Chapter 10 of the IMC is revised by deleting Section 1011.
(20) *Chapter 14 (Solar Systems) of the IMC, is revised by deleting the body of the
chapter and inserting a new Section 1401 to read: "General. Solar energy equipment
fir,• and appliances must be installed in compliance with the Solar Energy Code as
adopted by 8 AAC 63.010, as amended as of February 3, 2011 and as amended from
time to time."
(21) *Chapter 15 (Reference Standards) of the IMC, is revised by adding or changing the
referenced standards from the publication date listed to the following edition, and
these standards are adopted by reference:
NFPA 13 -2013 Installation of Sprinkler Systems;
NFPA 72 -2013 National Fire Alarm Code
NFPA 96 -2011 Ventilation Control and Fire Protection of Commercial
Cooking Operations.
Section 3. The City of Seward shall possess three copies of the city designated edition of
the International Building Code for public use, inspection and examination.
Section 4. This ordinance shall take effect ten days following its enactment.
ENACTED by the City Council of the City of Seward, Alaska, this 22 day of April,
2013.
Slow THE CITY OF SEWARD, ALASKA
CITY OF SEWARD, ALASKA
ORDINANCE 2013 -004
Page 8 of 8
David Seaward, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Johanna Kinney, CMC
City Clerk
(City Seal)
at2\
Council Agenda Statement
I 4 o y
° sel
Meeting Date: April 28, 2013 6 y ►1 I t
Noir T4
Through: City Manager Jim Hunt IOW..
�A511�
Fire Chief David Squires ■
From: Deputy Fire Chief Eddie Athey
Agenda Item: Adoption of the 2012 International Mechanical Code
BACKGROUND & JUSTIFICATION:
As of November 16, 2012, the State of Alaska has adopted the 2009 edition of the International
Mechanical Code (IMC). To be consistent and thereby maintain our deferral agreement with the
State, the City of Seward should also adopt the 2009 IMC. The State is currently reviewing the 2012
IMC for a proposed adoption in the spring of 2014. Not wanting to go through this process again in
less than 12 months, we are proposing to adopt the 2012 IMC now. We have listed the proposed
revisions made by the State and have also included the suggested local revisions for consideration.
The items marked with an asterisk are revisions made by the State and are items that Council cannot
change. In general, there are no significant changes from the state adopted 2009 IMC to the
proposed 2012 IMC.
INTENT: To adopt a current mechanical code consistent with State of Alaska requirements and
local needs.
o1rr
CONSISTENCY CHECKLIST: Yes No N/A
1 Comprehensive Plan 2020 Vol-] Section 3.8.1.4 pg28, Section 3.3.1.1 X
pg22, Section 3.2.1.1 pg20.
2. Strategic Plan (document source here): X
3. Other (list):
FISCAL NOTE: There is no fiscal impact the City's annual budget.
Approved by Finance Department:
ATTORNEY REVIEW: Yes X No
RECOMMENDATION: Approve Ordinance 2013 - 0o4 amending the Seward City Code
,,, Section 12.05.31 2006 International Mechanical Code adopted, to 2012 International Mechanical
Code - Adopted, including all amendments /revisions.
aS
Sponsored by: Hunt
Introduction Date: April 8, 2013
Public Hearing Date: April 22, 2013
Enactment Date: April 22, 2013
CITY OF SEWARD, ALASKA
ORDINANCE 2013 -005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING SEWARD CITY CODE, SECTION 12.0.11,
INTERNATIONAL BUILDING CODE, ADOPTING THE 2012
INTERNATIONAL BUILDING CODE (IBC) INCLUDING REVISIONS
WHEREAS, as of the 16 day of November 2012, the State of Alaska has adopted the 2009
Edition of the International Building Code (IBC); and
WHEREAS, revisions the State of Alaska makes to the IBC affects the City of Seward's
deferral from the State of Alaska; and
WHEREAS, the 2012 edition of the IBC is currently being reviewed by the State of Alaska
for proposed adoption in 2013; and
WHEREAS, the proposed amendments to the IBC are proposed by the State of Alaska and
the City of Seward; and sad
WHEREAS, the proposed amendments are consistent with the scope of providing a safe
place to work and live for the citizens of the City of Seward.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,
HEREBY ORDAINS that:
Section 1. The asterisks note changes made by the State of Alaska to the IBC. These
asterisks are inserted for the benefit of the reader to indicate items which were changed by the State
and cannot be modified to be any less restrictive by the City of Seward. These marks will be
removed by the City Clerk before being codified.
Section 2. The Seward City Code Section12.05.011 is deleted in its entirety and replaced
with the following:
12.05.011 International Building Code Adopted
A. The International Building Code, Chapters 1 -12, 14 -28, 30 -35, and Appendix C, 2012 Edition
approved and published by the International Code Council, is hereby designated and shall be known
as the Seward Building Code and shall constitute the laws of the City relating to building regulation.
Although not published in full in this section, all provisions of the International Building Code, 2012 ,
CITY OF SEWARD, ALASKA
ORDINANCE 2013 -005
Page 2 of 22
Edition, except as provided in subsection D of this section, shall be and hereby adopted by reference
to the same extent as if set forth in full in this section, except to the extent that the International
Building Code shall be in conflict with this code or any relevant ordinance later adopted, in which
case the provisions of this code shall prevail.
B. The City of Seward shall possess three copies of the City designated edition of the International
Building Code, for public use, inspection and examination, so long as the provisions thereof remain
in force.
C. It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, remove,
convert, demolish, or equip any building or structure in the city, or cause or permit the same to be
done, contrary of any provision of the provisions of the International Building Code adopted and
incorporated as the Seward Building Code by this section.
D. The International Building Code (IBC), 2012 Edition, adopted in Subsection A of this section,
Chapters 1 -12, 14 -28, 30 -35, and appendix C, are adopted by reference to regulate all occupancies
and buildings with the following revisions:
1) *The IBC, is revised by deleting all references to the "ICC Electrical Code or NFPA 70" and
replacing them with "Electrical Code as adopted by 8 AAC 70.025, as amended as of
October 16, 2012 and as amended from time to time"
2) *The IBC, is amended by deleting all references to the "International Fuel Gas Code" with
the exception of Chapters 6 & 7 and all references to the "International Plumbing Code" and
r replacing them with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of
February 23, 2011 and as amended from time to time ".
3) *Chapter 1 of the I.B.C. is amended by deleting Section 101.4.4 Property Maintenance in its
entirety.
4) Chapter 1 of the IBC Section 101.4.6 Energy, is adopted as reference.
5) Chapter 1 of the IBC Section 102.6 Existing Structures, is amended by deleting "the
International Property Maintenance Code or" from the section.
6) Chapter 1 of the IBC Section 103 Department of Building Safety is amended by deleting the
title and the entire paragraph and replacing it with "Section 103 BUILDING
DEPARTMENT. 103.1 General: The official in charge of enforcing the provisions of this
code will be known as the Building Official. 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 provisions shall be
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."
CITY OF SEWARD, ALASKA
ORDINANCE 2013 -005
Page 3 of 22
7) Chapter 1 Section 104.10.1 Flood hazard areas is amended by deleting the entire section and
replacing it with "The building official shall not grant modification to any provision required
in a flood hazard area as determined by Seward City Code Chapter 15.25 and a flood plain
development permit for construction is approved by Community Development ".
8) Chapter 1 Section 105.1 Permits is amended by inserting the phrase "if such work exceeds
$1000 in materials and labor expense," after the words "...or cause any such work to be
done,' and before the words "... shall first make application to the Building Official.... ".
9) Chapter 1 Section 105. Work exempt from permit, Building 1.; is amended by deleting "120
square feet" and replacing it with "200 square feet provided the structure meets other City
ordinances ".
10) Chapter 1 Section 105.3 Application for permit is amended by deleting "department of
building safety" and replacing it with "Building Department ".
11) Chapter 1 Section 107.1 Exception is amended by adding the number "1." in front of "The
building official... ". The addition of "2. U occupancies under 3000 square feet not offered
for use by persons other than the property owner or the owner's employees, not open to the
public, and not containing hazardous material in excess of those found in Tables 307.7(1)
and 307.7(2), the building official is authorized to waive the requirements of construction
documents and other data from a registered design professional provided the submitted
construction documents and data are in clear compliance with the requirements of this code ".
12) *Chapter 1 Section 107.2.2 Fire Protection system shop drawings; is amended by adding the
sentence "A copy of the approved stamped plans are to be retained on site ".
13) Chapter 1 Section 108 Temporary Structures And Uses; Section 108.1 General is amended
by deleting the word "Such.." in the second sentence and replacing it with "Temporary
structure ... ". The sentence is further amended by deleting "...180 days." and replacing it
with "a calendar year. A temporary structure permit can only be renewed for five calendar
years on the same property." An additional sentence is inserted before "The building
official..." "Temporary uses shall be limited to time of service, but shall not be permitted for
more than 30 days ".
14) Chapter 1 Section 109.2 Schedule of permit fees; is amended by deleting "the schedule" and
replacing it with "Table 1 -A Building Permit Fees...".
CITY OF SEWARD, ALASKA
ORDINANCE 2013 -005
Page 4 of 22
TOTAL VALUATION FEE
TABLE 1 -A BUILDING PERMIT FEES
Total Valuation Fee
$1.00 to $500.00 $23.50
$501.00 to $2,000.00 $23.50 for the first $500.00 plus $3.05 for
each additional $100.00, or fraction thereof,
to and including $2,000.00
$2,001.00 to $25,000.00 $69.25 for first $2,000.00 plus $14.00 for
each additional $1000.00, or fraction thereof,
to and including $25,000.00.
$25,001.00 to $50,000.00 $391.25 for the first $25,000.00 plus $10.10
for each additional $1,000.00, or fraction
thereof, up to and including $50,000.00
$50,001.00 to $100,000.00 $643.75 for the first $50,000.00 plus $7.00
for each additional $1,000.00, or fraction
Sir
thereof, up to and including $100,000.00.
$100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60
for each additional $1,000.00, or fraction
thereof, up to and including $500,000.00.
$500,001.00 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus
$4.75 for each additional $1,000.00, or
fraction thereof, up to and including
$1,000,000.00.
$1,000,001.00 and up $5,608.75 for the first $1,000,000.00 plus
$3.15 for each $1,000.00, or fraction thereof.
CITY OF SEWARD, ALASKA
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Pale 5 of 22
Other Inspections and Fees
1. Plan review fee 65% of the permit fee
2. Inspections outside of normal business $47.00 per hour
hours...
3. Inspections for which no fee is specifically $47.00 per hour
indicated.
4. Additional plan review required by changes,
additions or revisions to plans (minimum charge - $47.00 per hour
one -half hour).
5. For use of outside consultants for plan
checking and inspections, or Actual Costs
both
14) Chapter 1 Section 110.3.3 Lowest floor; elevation is amended by deleting the entire section and
replacing with "In flood hazard areas the requirements of Seward City Code Chapter 15.25 shall be
adhered to ".
15) Chapter 1 Section 110.3.7 Energy efficiency inspections; is amended by deleting the section.
16) Chapter 1 Section 110.3.10.1 Flood hazard documentation; is amended by deleting the entire
section and replacing it with "Documentation required by Seward City Code Chapter 15.25 shall be
submitted prior to issuance of a permanent Certificate of Occupancy ". Nord
17) Chapter 1 Section 111.2 Certificate issued; is amended by revising "...are enforced by the
department of building safety,..." to "... are enforced by the building department,..."
18) Chapter 1 Section 113 Board of Appeals; is amended by deleting the entire section and replacing
it with " 113.1 General. 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 shall be in
accordance with Seward City Code Section 9.15.112.
19) Chapter 1 Section 114.3 Prosecution of violations; is amended by adding the sentence
"Prosecution of a violation(s) shall conform to the requirements of AS 18.70.100." at the end of the
existing last sentence.
20) Chapter 2 Section 202 Definitions; is amended by adding "Conex. Is a unit that (A) is used as a
container to ship products which also can be used as temporary storage structure when meeting the
requirements of Section 108. (B); is used as a permanent structure complying with the requirements
of this code and other adopted codes of the municipality ".
21) *Chapter 2 Section 202 Definitions: Existing Structure (For Chapter 34); is amended by deleting
the entire section and replacing it with "A structure that (A) was erected before December 5, 1956; or
(B) was erected before the adoption of the 2012 International Building Code, 2012 International Fire
Code, 2012 International Mechanical Code and the 2012 International Fuel Gas Code, and complies
with the building code regulations in effect at the time of construction ".
22) Chapter 2 Section 202 Definitions: Existing Structure (For Chapter 34); is further amended by
adding "2012 International Residential Code" after "2012 International Building Code ".
23) *Chapter 2 Section 202 Definitions: is amended by adding a new definition "Portable ,
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Mancamps. A mancamp that is on a skid and wheels as a single unit and pulled by a vehicle without
separating ".
24) *Chapter 2 Section 202 Definitions: is amended by adding a new definition "Relocatable
Mancamps. A mancamp that is disassembled and loaded on a trailer to relocate ".
25) *Chapter 2 Section 202 Definitions: FOSTER CARE FACILITIES is amended by adding a new
definition: "A home with an occupant load of over five that houses children under the age of 18,
NOT RELATED TO EACH OTHER, and are classified as R -3 occupancies."
26) *Chapter 2 Section 202 Definitions: is amended by adding a new definition "MOVED
STRUCTURE. Moving an existing building with work involving additions, alterations, or change of
occupancy."
27) *Chapter 3 Section 305.2 Group E day care facilities; is amended after ".. by more than five
children.." by adding "including the children related to the staff," who are ...
28) *Chapter 3 Section 305.2 Group E day care facilities; is further amended by adding an exception
to read: " Exception: Family child care homes occupied as their primary residence (Group R -3)
operating between the hours of 6;00 a.m. and 10:00 p.m. may accommodate a total of 12 children,
including children related to staff, of any age without conforming to the requirements of this
regulation (Group E occupancy), except for smoke detectors and alarms described in Section
907.2.11.2, carbon monoxide detectors and alarms as specified in Section 908 and ACC 18.70.095,
whichever is most strictest applies, means of egress requirements of Section 1003, including
emergency escape openings as required by Section 1029 for napping and sleeping rooms, and fire
extinguisher requirements as described in the International Fire Code ".
29) *Chapter 3 Section 308.3 Institutional Group I -1; is amended by adding "Facilities within this
occupancy classification that have occupants needing physical assistance to respond in emergency
situations must comply with Section 427" after "capable of self preservation ".
30) *Chapter 3 Section 308.3 Institutional Group I -1; is amended by adding " Section 308.3.3 A
child care facility that provides, on a 24 -hour basis to more than five children of two and half years of
age or less, including children related to the staff, shall classified as I -2."
30) *Chapter 3 Section 308.4.1 Institutional Group I -2, Five or fewer persons receiving care: is
amended by adding in the first sentence "including persons related to the staff," after ..the above with
five or fewer persons.
31) *Chapter 3 Section 308.6.4 Institutional Group I -2, Five or fewer persons receiving care in a
dwelling unit: is amended by adding to the first sentence "including persons related to the staff' after
"custodial care ".
32) *Chapter 3 Section 310.1 Residential Group R: is amended by adding the sentence "For facilities
within this occupancy classification that have occupants needing physical assistance to respond in
emergency situations, see Section 427." at the end of the section.
33) *Chapter 3 Section 310.2 Definitions: is amended by adding the definition of "Foster home ".
34) *Chapter 3 Section 310.6 Residential Group R -4; is amended by adding a new section "310.6.1
Foster homes: Once a provider takes in six or more (non - related) children, the occupancy is defined
as an R -4, otherwise the occupancy is R -3."
35) *Chapter 4 Section 406.3.4 Separation paragraph 1 is amended by deleting "1/2 inch (12.7 mm)
gypsum board" and replacing it with "5/8 inch (15.88 mm) Type X gypsum board ".
* eohm.,, 36) *Chapter 4 Section 412.4.1 Exterior walls: is amended by deleting "30 feet (9,144 mm)" and
3'
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replacing it with "20 feet (6,098mm) ".
37) *Adding Chapter 4 Section 425 Special Security Requirements for Elevated Buildings.
38) *Adding Chapter 4 Section 426 Occupants Needing Special Assistance (Groups I-1,1-2 & R -4).
39) *Chapter 5 Section 504 General building heights and areas: is modified by adding a new section;
"Section 501.3 Location on property: Buildings must adjoin or have access to a permanent public
way or yard on not less than one side. Required yards by this section must be permanently
maintained."
40) *Chapter 5 Section 504 Building Height: is amended by adding a new section 504.4: "Section
504.4 Day care facilities: Facilities that are operated in a primary residence (Group R -3) between the
hours of 6:00 am and 10:00 pm and accommodating up to 12 children, including those related to the
staff, of any age may use the second story of the building without providing an automatic sprinkler
system, or complying with Table 508.4, Table 602 and Type VA requirements set out in Table 503,
if all other applicable legal provlsiorls for a Group E occupancy are met."
41) *Chapter 5 Table 509 Incidental,Accessory occupancies: is amended by changing the wording in
the first block under the left column to read: "Furnace rooms in Group E, I, and R -1,R -2 and R -4
occupancies regardless of BTU input, and furnace rooms of all other occupancies where the largest
piece of equipment is over 400,000 Btu per hour input. ".
42) *Chapter 6 Table 602 Fire Resistance rating requirements for exterior walls based on fire
separation distance: add footnote h to read "Combination shops related to an educational facility
shall be considered an F -1 occupancy and shall be separated from the E occupancy according to this
table. ";
43) *Chapter 6 Section 603.1_.3 ,Electrical is amended by adding "Section 603.1.3.1 Electrical Ntad
weatherheads should be installed on the gable ends when a metal roof is installed. ";
44) *Chapter 7 Section 705.2 Projections is amended by adding to item 2 at the end of the first
sentence "or fire separation distance in the absence of a lot line. ";
45) *Chapter 7 Section 718.4.2 Groups R -1 and R -2 is amended to read "Draftstopping must be
provided in attics, mansards, overhangs, or other concealed roof spaces of Group R -2 buildings with
three or more dwelling units and in all Group R -1 buildings. The intervening space between any two
draftstops or walls must be designed for adequate cross ventilation as described in Section 1203.2.
Draftstopping must be installed above, and in line with, tenant and dwelling separation walls that do
not extent to the underside of the roof sheathing above. ";
46) *Chapter 7 Section 718.4.2 Groups R -1 and R -2 exception 3 is amended to read " Draftstopping
in attics spaces of Group R -1 and R =2 occupancies that do not exceed four stories in height may be
installed so that the area between draftstops that extends from the ceiling to the roof does not exceed
3,000 square feet, and the greatest horizontal dimension does not exceed 60 feet. The draftstops do
not have to be located directly above or in line with walls separating tenant spaces, unless part of the
construction required by other provisions of this code. Adequate cross ventilation must be provided
in accordance with Section 1203.2. ";
47) *Chapter 8 Section 804.4.1 is amended to read "I-1, 1-2 and I -3's shall utilized Class 1 flooring
covering."
48) *Chapter 8 Section 806.1 General requirements, is amended by adding at the end of the fourth
paragraph "or treated by method Approved by the fire code official."
49) * Chapter 9 Section 903.2.3. Group E is amended to read: Group E. An automatic sprinkler
SD,
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system must be provided throughout all buildings with group E occupancies. The use of a firewall or
barrier does not establish a separate building or fire area for purpose of this section.
Exception: Buildings with Group E occupancies having an occupant load of 49 or less.
(A) An automatic sprinkler system must also be provided for every portion of
educational building below the level of discharge.;
(B) Home Day care uses that are licensed to care for more than five persons between
the hours of 10:00 p.m. and 6:00 a.m. must be equipped with an automatic sprinkler
system designed and installed in Section 903.3.1.3 or an equivalent system approved
by the building official."
50) *Chapter 9 Section 903.2.8 Group R is amended to read "Group R. An automatic sprinkler
system must be installed in Group R occupancies except as required in 903.2.8.1 through 903.2.8.4."
51) *Chapter 9 Section 903.2.8 is amended by adding a new section "Section 903.2.8.3 Group R -1
Health Clinics with transient quarters: May utilize N.F.P.A. 13R sprinkler system throughout the
building; a fire barrier may be ,utilized to separate the building and utilize a N.F. P.A 13D. In
addition, rental cabins with potable water with stays less than 30 days will be considered R -1's and
will follow this section."
52) *Chapter 9 Section 903.2.8 is amended by adding a new section "Section 903.2.8.4 Group R -2:
An automatic sprinkler system pr,a residential sprinkler system installed in accordance with Section
903.3.1.2 must be provided throughout all buildings with a Group R -2 fire area that are more than
two stories in height, including basements, or that have more than four dwelling units or 16 sleeping
rooms."
53) *Chapter 9 Section 903.3.1.1 is amended by adding a new section "Section 903.3.1.1.2 Elevator
hoist ways and machine rooms: When provisions of this code require the installation of automatic
sprinkler systems, the installation in elevator hoist ways and machine rooms must occur as described
in Chapter 30 Elevators and conveying systems, of the IBC and N.F.P.A 13, (elevator hoist ways and
machine rooms) and adopted by reference, and the American Society for Mechanical Engineers
(ASME) A17.1 Safety Code for Elevators and Escalators as adopted by 8 AAC 77.005, as amended
as of October 16, 2012 and as amended from time to time; and the fire sprinkler head for the top of
the elevator shafts may have a globe valve installed so the single head can be turned off in an
emergency. The globe valve must be marked and sealed or locked in the open position.
Exception: Sprinklers are not required in an elevator machine room where the machine is:
(A) separated from the remainder of the building as described in IBC Section 3006.4;
(B) smoke detection is provided in accordance with N.F.P.A 72, and adopted by
reference;
(C) notification of alarm activation is received at a constantly monitored location;
and
(D) fire extinguisher is provided in the machine room."
54) *Chapter 9 Section 903.3.1.1 Inspector's test valve, is amended by adding a new section "Section
903.3.1.1.3 Inspector's test valve. A test valve will be installed at the remote area in both dry and wet
systems to equal the required flow of one sprinkler head. In locations that use floor control valves the
inspector test valve may be collocated. It can be installed to the exterior or to an interior drain."
55) *Chapter 9 Section 903.3.6 Hose threads; is amended by deleting "the fire code official" and
*,,,,,, replacing it with "AS 18.70.084."
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56) *Chapter 9 Section 906.1 Where required; is amended by deleting the Exception in number 1.
57) *Chapter 9 Section 907.1.2 Fire Alarm shop drawings, is amended by adding the following
required fire alarm shop drawings for plan review:
"14. System riser diagrams;
15. Fire systems designer stamp, signature and date."
58) *Chapter 9 Section 907.2.1 Group A, is amended by replacing the exception to read: "A manual
fire alarm system shall be installed in GroupA -2 occupancies with an occupant load of 100 or more."
59) *Chapter 9 Section 907.2.2 Group B is amended by deleting the exception.
60) *Chapter 9 Section 907.2.3Group E is amended by adding a second paragraph to read: "Rooms
used for sleeping or napping purposes within a day care use of a Group E occupancy must be
provided with smoke alarms that comply with Section 907.2.11.2 and deleting Exception 3."
61) *Chapter 9 Section 907.2.4 Group F, is amended by deleting the exception.
62) *Chapter 9 Section 907.2.6.1. Group I -1, is amended by deleting the exception 1.
63) *Chapter 9 Section 907.2.7 Group M, is amended by deleting exception 2.
64) *Chapter 9 Section 907.2.9.1 Manual fire alarm system is amended by deleting exception 2.
65) *Chapter 9 Section 907.2.10.1 Manual fire alarm system is amended by deleting exception 2.
66) *Chapter 9 Section 907.2.11. Single and multiple station smoke alarms, is amended by adding a
second paragraph to read: "When a plan review is required for an existing Group R occupancy,
smoke alarms must be installed ps described in Section 907.2.11."
67) *Chapter 9 Section 907.7.2 Record of completion is amended by adding a second paragraph to
read: "A copy of the acceptance test certificate verifying completion in accordance with N.F.P.A 72,
as adopted by reference, must be.forwarded by the firm conducting the test to the division of fire and
life safety or the deferred jurisdiction having authority within 30 days of the completion of the
installation."
68) *Chapter 9 Section 907.8 Inspection, testing and maintenance; is amended by adding a new
section "907.8.1 Mancamp relocation. On each portable or relocatable camp move, a licensed or
certified electrician can disconnect and reconnect the fire alarm system, and a licensed or certified
plumber can disconnect and reconnect the suppression system. The mancamp must be certified by an
appropriate fire system permit holder to provide documentation that the system has been placed back
in service and is ready for operation. System certification documentation is to be retained on site and
available for review upon request. Annual requirements are still required by the code as reference by
13 AAC 50.025."
69) *Chapter 9 Section 908.7 Carbon monoxide alarms; is amended by adding after the first sentence
the following: "At least one carbon monoxide detector or alarm shall be installed on each floor
level."
70) *Chapter 9 Section 908.7 Carbon monoxide alarms; is amended by adding the following
SENTENCE at the end of the paragraph: "Power source: In new construction, carbon monoxide
detectors and alarms shall receive their primary power from the building wiring if the wiring is
served from a commercial source, and shall be equipped with a battery backup. Wiring shall be
permanent and without a disconnecting switch other than what is required for overcurrent
protection." ..
71) *Chapter 9 Section 909.18 Acceptance tests; is amended by adding a new sentence: "A copy of
the acceptance test certificate must be forwarded to the division of fire and life safety or the deferred
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Sow
authority having jurisdiction by the "firm conducting the test within 30 days of the completion of the
installation."
72) *Chapter 9 Section 910.1 General; is amended by deleting "Exception 2 ".
73) *Chapter 10 Section 1009.4 Stairway width; is amended by adding an exception: "Exception 5:
Ladders used only to attend equipment are exempt from the requirements of Section 1009."
74) *Chapter Section 1009.9.2 Outdoor conditions is amended by adding a sentence: "In occupancies
other than Group R -3 and Group U occupancies that are accessory to Group R -3 occupancies,
surfaces and landings which are part of exterior stairs in climates with snow or ice shall be designed
to minimize the accumulation of the snow or ice."
75) *Chapter 10 Section 1010.8.2 Outdoor conditions; is amended by adding a sentence: "In
occupancies other than Group -3 and Group U occupancies that are accessory to Group R -3
occupancies, surfaces and landiris which are part of exterior stairs in climates with snow or ice shall
be designed to minimize the accumulation of the snow or ice."
76) *Chapter 10 Section 1015.2.2 Three or more exits or exit access doorways; is amended by
adding an exception: EXCEPTIONS: 1. Where the access to three or more exits is required, the
separation distance of the third exit door or exit access doorway shall not be less than one -third of
the length of the maximum overall diagonal dimension of the area served."
77) *Chapter 10 Table 1018.1 Corridor fire- resistance rating; is amended by adding footnote d "R -2
Occupancies shall be permitted to have a one -hour rated corridor without a sprinkler system when
the corridor;
Niter (A) serves any occupant load LESS THAN 10;
(B) serves less than four dwelling units or 16 or LESS sleep rooms;
And
(C) is less three stories in height."
78) *Chapter 10 Section 1019.1 General; is amended by adding a sentence: "Exterior exit balconies
shall be designed to minimize accumulation of snow or ice that impedes the means of egress."
79) *Chapterl0 Section 1021.2:2 Basements; is amended by adding a second paragraph: "Basements
or the first level below the first story in all occupancies except Group R -3, used exclusively for the
service of the building, may have access to only one exit. Any other use of the basement or the first
level below the first story must have at least two exits arranged as described in Section 1015.2. For
purposes of this paragraph, storage rooms, laundry rooms, maintenance offices, and similar uses may
not be considered as providing service to the building."
80) *Chapter 10 Section 1029.1 General; is amended by deleting Exceptions 1 & 2.
81) *Chapter 11 Section 1101.1 Scope; is amended by deleting the first sentence and adding
sentences at the end of the section: "Compliance review by the SEWARD BUILDING
DEPARTMENT is limited to the review of the accessible route, means of egress requirements of the
code, and at least one accessible toilet room along the accessible route. Compliance with the
requirements of this chapter and other provisions within the code for accessibility of persons with
physical disabilities is the exclusive responsibility of the owner or design professional of record. An
advisory plan review may be obtained regarding the design for accessibility of a structure from the
office of the state ADA coordinator for the ADA COMPLIANCE PROGRAM at the 10 Floor State
Office Building, P.O. Box 110201, Juneau, Alaska 99811 -201; telephone NUMBER 907 - 465 -6929,
ti,�,, or http: / /Alaska.gov /ada."
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82) *Chapter 16 Section 1601.1 is amended by adding a second paragraph: "This chapter is adopted
as design criteria for the structural safety of buildings constructed under this code. Review for
conformance with this is not performed by the division of fire and life safety. Compliance with the
requirements of this chapter, other provisions in the code for structural design, the Alaska
Administrative Order No. 175, local government flood reduction ordinances, and federal oversight
and authority through the Federal Emergency Management Agency (FEMA) National Flood
Insurance Program (NFIP) under C.F.R. 44, Parts 59 -60 is the exclusive responsibility of the
building owner or design professional of record. Information on approaches and grants for mitigating
natural hazards in construction, including seismic hazards, are available through the State of Alaska,
division of homeland security and emergency management at http: / /www.ready.alaska.gov ."
83) *Chapter 31 Section 3101.1 'temporary structures; is amending the first sentence to read: "The
provisions of this section apply to deferred jurisdictions as allowed under 13 AAC 50.075 only, for
structures other than tents and membrane structures, erected for a period of less than 180 days. FOR
STRUCTURES ERECTED FOR MORE THAN 180 DAYS, SECTION 108 OF THIS CODE
APPLIES."
84) *Chapter 31 Section 3103.2 Construction documents; is amended by adding a second sentence:
"Structures of less than 300 square .feet in floor area that are designed for the specific purpose of
providing an enclosure for non - hazardous equipment, and not containing hazardous materials in
excess of those found in Tables 307.7(1) and 307.7(2) are not required to be sealed by a registered
design professional."
85) *Chapter 31 Section 3401.3. is amended by deleting this section.
86) *Chapter 34 Section 3401.3 .Compliance; is amended to read: "Compliance with other codes.
Alterations, repairs, additions, and changes of occupancy to existing structures must comply with the
provisions for alterations, repairs, additions, and changes of occupancy in the International Fire Code
2012 edition as adopted by reference; the International Mechanical Code 2012 edition as adopted by
reference."
87) Chapter 34 Section 3401.6 Alterative compliance: this section is deleted.
88) * *Chapter 34 Section 34932 Flood hazard areas; is amended to read: "SECTION 3403.2
FLOOD HAZARD AREAS. FOR BUILDINGS AND STRUCTURES IN FLOOD HAZARD
AREAS ESTABLISHED BY SEWARD COMMUNITY DEVELOPMENT DEPARTMENT,
SHALL MEET THE REQUIREMENTS OF SCC TITLE 15.
89) *Chapter 34 Section 3411.1 Scope; is amended by adding a sentence the end of the first
paragraph: "This Section 3411 is adopted as guidance for accessibility."
90) *Chapter 34 Section 3412.2 Applicability; is amended to read: "Applicability. Structures meeting
the definition of "existing structure" under Section 202 of this code in which there is work involving
additions, alterations, or changes in occupancy must conform to the requirements of this section or
the provisions of Sections 3403 — 3408 of this code."
91) *Chapter 35 Reference Standards; is amended by changing or adding the referenced standards
from the publication date listed to the following editions and the standards are adopted by reference:
N.F.P.A 10 -2013 Portable Fire Extinguishers
N.F.P.A 13 -2013 Installation of Sprinkler Systems
N.F.P.A 13d -2013 Installation of Sprinkler Systems in One and Two Family Dwellings and
Manufactured Homes
NIS
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r
N.F.P.A 13R -2013 Installation of Sprinkler Systems in Residential Occupancies up to and
Including Four Stories in height
N.F.P.A 14 -2013 Standpipe and Hose system
N.F.P.A 20 -2013 Installation of Stationary Pumps for Fire Protection
N.F.P.A 72 -2013 National Fire Alarm Code
N.F.P.A 750 -2010 Standards for Water Mist Fire Protection Systems
N.F.P.A 2001 -2012 Standard on Clean Agent Fire Extinguishing Systems
92) * Appendix of the I.B.C. is by adding APPENDIX L as follows:
"APPENDIX L OIL AND GAS INDUSTRIAL PROCESSING BUILDINGS"
L 101, General. These provisions have been established to provide engineering methods for
the design and construction of 4ydrocarbon processing buildings in this state.
L 102, Scope. These standards augment and are used in conjunction with the respective
requirements of the 2012 [2009] International Building Code (I.B.C.), International Mechanical
Code (I. M. C. ), International Fire Code (I. F.C.) and International Fuel Gas Code (I. F. G.C.) as the
minimum requirements for occupancies (F, H, S and U) when designing and constructing
hydrocarbon (facilities that are directly connected with the transport or processing of oil and gas or
by- products) buildings in this state. These standards apply to industrial occupancies attached to H -2
buildings such as the following: control rooms, offices, break rooms, warehouses, generator
enclosures, vehicle storage, and others as approved by the Authority Having Jurisdiction (AHJ).
L 102.1 [ 102.2], Small unoccupied remote dedicated structures, shelters, and enclosures, such
as a wellhead shelter (any item that is put over the top of the wellhead that totally encloses the
wellhead), communications shelters (unoccupied buildings with no hazardous vapors, gases, or
products open to the atmosphere within the structure and that is utilized solely for the housing of
wires and their components), pigging enclosures, meter building, and shut -down valve enclosures
may be classified as a Group U occupancy if the following conditions are met:
1. The building is less than 1,000 square feet;
2. The contents of the building include only meters, valves, or pipe work;
3. The building is not normally occupied more than once during a 12 -hour
period;
4. If the building exceeds 300 square feet, the building has at least two exits;
5. Remote is defined as.'a; location that is secured and has limited or no public
access and where no other occupied non -oil and gas related buildings or
structures are located within one half mile of a flare or emergency process
safety blow down exhaust termination.;
6. Dedicated is defined as housing only equipment associated with a single
activity such as metering or pigging.
L 102.2 [102.3], Structures that meet the requirements of Section L 102.1 [102.2] shall
31
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neither require conformance with I.B.C. Section 1604.4 nor a professional engineer's registration
number or seal on plans if all of the following conditions exist:
1. The building is less than 300 square feet;
2. The building is pre - manufactured;
3. The pre - manufactured building is based on the manufacturer's
experience or the building has been load tested for the site location
conditions.
L 102.3 [ 102.4], Factory fabricated structures of less than 400 square feet in area, singularly
or aggregate, that are designed for the specific purpose of providing an enclosure for non - hazardous
equipment and not containing hazardous materials in excess of those found in 1B. C. Tables 307.1(1)
and 307.7(2) are exempt from plan review in accordance with I. C. 105.2. Any structure shall not
be occupied for any reason other than maintenance and service of equipment housed within the
structure.
L 103, Hydrocarbon processing buildings are considered Special Industrial Occupancies as
defined in I. B. C. 503.1.1 and are therefore exempt from the height and area limitations of I. B. C.
Table 503.
L 103.1, Module separation. Elevated pipe ways extending from a building need not be
considered projections of the building.
L103.2.1, Building extensions and service area platforms. Building extensions of
Hydrocarbon Processing Buildings into the yard, include landings, platforms, stairs, vessels, vessel
enclosures, tanks, and exhaust or intake hoods. Clear and unobstructed access for firefighting is to be
no less than 40 feet. Bridging between buildings must be designed to allow access and operation for
firefighting.
L_104, Stairs, landings, handrails, and guardrails. Stairs, landings, handrails, and guardrails
must meet the minimum requirements of 8 AAC 61, as amended as of October 6, 2002 and as
amended from time to time; these regulations supersede the respective requirements of the LB. C.
L 104.1, Landings Floor level at doors. Floors or landings may be more than one inch lower
than the threshold of doorways if an attempt is made to minimize the drop through the use of ramps
at interior doorways as described in Section 1008.1.6, of the 1B. C.
L 104.2, Industrial areas that are fenced or guarded and not open to the public in group B, F,
H, R -1, R -2, or S occupancies, balusters, horizontal intermediate rails or other construction shall not
permit a sphere with a diameter of 21 inches (533 mm) to pass through any opening.
L 105, Construction specifics. The construction of hydrocarbon processing buildings must
comply with Appendix L 105.1 — L 105.3, of this Code.
.27
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%kw
L 105.1, Fire walls. When a fire wall is used to qualify under Section 706 of the I.B.C., the
wall must comply with that section. If the fire wall does not extend to the ground, the structural
supports for the wall must rest upon, and be completely supported by the pilings.
L 105.2, Tank support fireproofing. Fire proofing requirements for steel tank supports, as
described in Section 5704.2.9.2.3 [3404.2.9.2.3] of the I.F.C. (2012 Edition) as adopted by
reference, may be waived by the AHJ when justified, based on the remoteness of the facility and lack
of public access, or analytical or empirical results indicating that sufficient heat could be transmitted
to the permafrost to cause foundation settlement.
L 105.2.1, Tank venting and relief requirements for tanks and pressure vessels storing
Class 1B or 1C liquids described in Sections 5704.2.1.7.3.6 [3403.2.7.3.6] and 5704.2.7.4
[3404.2.7.4] of the I.F.C. (2012 [2009] Edition) may be satisfied by the use of properly sized
open vents without flame arrestors. When open vents are utilized they shall be configured to
minimize the accumulation of snow and ice.
L 105.2.2, Bulk transfer process transfer locations. Bulk transfer and process transfer
operations must be conducted in approved locations. Tank vehicle transfer facilities shall be
separated from buildings and above - ground tanks by a minimum distance of five feet (1524 mm) for
Class I, II, II liquids measured from the nearest position of any tank loading valve and meet the
following requirements.
1. Adherence to an approved written company policy for transfer of flammable and
combustible liquids;
2. Tank capacity of either the truck or tank shall not exceed 15,000 gallons;
3. Tank vehicle shall be located a minimum of 20 feet from tank connections and a
minimum distance of 25 feet from tank or building during transfer operations;
4. Tank fill connections will not be utilized to transfer liquids to tank vehicles.
L 105.3, Foam plastic insulated building panels. For hydrocarbon processing buildings used
in the actual processing of hydrocarbons and, not normally used in other mineral extraction or
manufacturing activities, foam plastic insulated building panels used on these buildings shall apply a
foam plastic insulated building panel with a thermal barrier with an index of 15. Factory Mutual
(FM) approval Standard 4880 or
1. Separation between individual shelters must be a minimum of six feet;
2. Each wellhead shelter shall only enclose one wellhead;
3. The electrical or communication shelter or wellhead shelter must normally be
unoccupied. It is understood that operators need to spend approximately 10
minutes per day taking readings in wellhead shelters and that maintenance is
infrequently required. The most extensive maintenance is well wireline work.
This work may extend to a week per well and occur once every several years per
well. Most of this work is accomplished from outside the wellhead shelter. All
maintenance is strictly controlled with a permit system;
CITY OF SEWARD, ALASKA
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4. With the exception of wellhead shelters, separation between individual shelters
shall be a minimum of six feet.
L 106, Fire suppression. The provisions in Sections L 106.1— L 106.3 establish the standards
for fire suppression at Oil and Gas Hydrocarbon Processing Buildings.
L 106.1, Fire extinguishing system. An automatic sprinkler system as specified in I.B.C.
section 903.2.5.1 or alternative automatic fire extinguishing system need not be provided in Group
H -2 occupancy compressor modules, dehydration modules, metering modules and heater /separator
modules if the following conditions are met:
1. The module under consideration primarily handles natural gas and its by-
products;
2. The module is located within a secured site with controlled access;
3. The module is normally unoccupied;
4. Significant quantities of Class I or Class II liquids are not present;
5. The aggregate module area under consideration is less than 1,500 square feet;
6. Module construction features panelized type exterior walls that will provide for
venting in the event of over pressurization;
7. Combustible gas detection is provided;
8. A mechanical ventilation system capable of providing the following is provided:
i. Minimum four air changes per hour operating continuously;
ii. Minimum 12 air changes an hour upon detection of combustible
or flammable vapors in excess of 20 percent ( %) LEL;
9. Upon detection of combustible or flammable vapors in excess of 40 percent ( %)
LEL Process Safety Management features are automatically initiated to reduce or
eliminate the fuel load;
10. Module location complies with I.B. C. section 705.3.
L106.2 Alternate automatic fire- extinguishing (AAFE). Automatic activation for gas
detection (inerting or suppression agent) in areas of hydrocarbon processing buildings where (1) both
fire and explosion hazards exist, (2) both fire and gas detection systems are (interconnected or
independently, or both) installed, (3) the fire and gas detection devices alarm at a continuously
staffed control room and trained operators can quickly respond to the fire and gas alarms following
specific fire and gas alarm response procedures, and (4) collateral fire damage is likely to be
minimal, the following (AAFE) operating activation mode is acceptable: Automatic activation of the
(AAFE) system upon gas detection coupled with manual activation of the same (AAFE) system on
fire detection is approved.
L106.3 Manual activation of total flooding fire suppression systems. In areas where (1) the
only hazard is fire, not explosion, (2) fire detection devices alarm at continuously staffed control
rooms, (3) trained operators can quickly respond to the fire alarms following specific fire alarm
response procedures, and (4) collateral fire damage is likely to be minimal, manual activation of the
total flooding fire suppression agent is acceptable. These areas also include continuously staffed
solid
y ()
CITY OF SEWARD, ALASKA
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control rooms.
L 106.4 [L106.3] Platform width. In buildings protected with fire sprinkler systems, any
platform that exceeds four feet in width or length is considered an obstruction for the purposes ofthe
installation of sprinkler systems under Section 903.3.1.1 of the 1 B. C. ".
93) *Appendix of the I.B.C. is revised by adding a new Appendix M as follows:
"APPENDIX M: CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS)
VOLUNTARY REVIEW FOR CERTIFICATION OF MEDICARE AND MEDICAID"
M 101.1, Scope. The provisions of this appendix apply to all facilities where a provider or
supplier has voluntarily applied for certification or accreditation in the Medicare and Medicaid
program meeting the requirements of and approved by CMS as specified in 42 C.F.R. The survey
forms noted in this appendix are used for all life safety compliance surveys (initial and
recertification) of facilities subject to survey and certification inspections for Medicare and Medicaid
certification. This includes skilled nursing facilities (SNFs), nursing facilities (NFs) whether
freestanding, distinct parts, or dually certified, intermediate care facilities for mentally retarded
(ICFs /MR), ambulatory surgical centers (ASC), inpatient hospice facilities, program for all inclusive
care for the elderly (PACE) facilities, critical access hospitals (CAH), and psychiatric and general
hospitals, including validation surveys of accredited facilities. These survey forms also apply to
complaint investigations.
M 101.2, Purpose. Certification is a recommendation made by the state survey agency on the
compliance of providers and suppliers with the conditions of participation, requirements for skilled
nursing facilities (SNFs), nursing facilities (NFs) whether freestanding, distinct parts, or dually
certified, intermediate care facilities for mentally retarded (ICFs /MR), ambulatory surgical centers
(ASC), inpatient hospice facilities, program for all inclusive care for the elderly (PACE) facilities,
critical access hospitals (CAH), and psychiatric and general hospitals. In order to safeguard the
health, welfare, and safety of individuals served within a facility, it is imperative that a facility not
only attain substantial compliance in each area of identified deficiencies, but that it maintain/remain
in continuous compliance. The provisions established in this appendix provide the minimum
standards for new facilities which voluntarily seek certification or accreditation in the Medicare and
Medicaid program. These minimum standards do exceed some of the minimum occupancy
requirements established within the body of this code which are necessary to meet the requirements
of the Centers for Medicare and Medicaid Services as specified in 42 C.F.R.
SECTION M 102
DEFINITIONS AND EQUIVALENCIES
M 102.1, Definitions. For the purposes of this appendix chapter, the terms, phrases, and
words listed in this section and their derivatives shall have the following meanings:
(1) "Accredited provider or supplier" means a provider or supplier that has
voluntarily applied for and has been accredited by a national accreditation
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CITY OF SEWARD, ALASKA
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program meeting the requirements of an approved program by CMS in
accordance with 42 C.F.R. Section 488.5 or Section 488.6:
(2) CMS, means The Centers for Medicare and Medicaid Services, which [WAS
FORMERLY KNOWN AS THE HEALTH CARE FINANCING
ADMINISTRATION (HCFA), AND] is the federal agency responsible for
administering the Medicare and Medicaid programs.
M 102.2 Construction type equivalencies. For the purposes of this appendix chapter, Table M
102.2 shall be utilized for cross referencing the various construction types for use in the applicable
CMS forms which are in the terms of the N.F.P.A. 220, [ENTITLED,] "Standard on Types of
Building Construction. ".
(Intentionally left blank; Table begins on next page)
■
LON
CITY OF SEWARD, ALASKA
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TABLE M 102.2
Conversion Table to NFPA 220 Construction Types for CMS Forms
NFPA Type I Type I Type II Type II Type II Type III Type III Type IV Type V
220 443 332 222 111 000 211 200 2HH 111
SBC I II - - -- IV 1HR IV UNP V 1HR V UNP III VI 1HR
UBC - -- I FR II FR II -1HR II N III -1HR III N IV HT V 1HR
B /NBC 1A 1B 2A 2B 2C 3A 3B 4 5A
IBC - -- IA IB IIA IIB IIIA IIIB IV VA
CONVERSION TO NFPA 220 CONSTRUCTION TYPES USED ON CMS FORMS
(Intentionally left blank; end of Table M 102.2)
CITY OF SEWARD, ALASKA
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FORMS
SECTION M 103
APPLICATION FORMS
M 103.1, Application. The following forms shall be used to verify substantial compliance
with regards to life safety for the department of health and human services centers for medicare and
medicaid services. Forms are available at http://www.cms.gov/:
1. Form CMS -2786M entitled, "Worksheet for Rating Residents ".
2. Form CMS -2786R entitled, "FIRE SAFETY SURVEY REPORT 2000
CODE — HEALTH CARE Medicare — Medicaid ".
3. Form CMS -2786S entitled, "FIRE SAFETY SURVEY REPORT
SHORT FORM Medicare — Medicaid ".
4. Form CMS -2786T entitled, "FIRE /SMOKE ZONE* EVALUATION
WORKSHEET FOR HEALTH CARE FACILITIES ".
5. Form CMS -2786U entitled, "FIRE SAFETY SURVEY REPORT —
AMBULATORY SURGICAL CENTERS — Medicare ".
Form CMS -2786V entitled, "FIRE SAFETY SURVEY REPORT - 2000
E SAFETY CODE Intermediate Care Facilities for the Mentally Retarded —
SMALL".
6. Form CMS -2786W entitled, "FIRE SAFETY SURVEY REPORT —
2000 LIFE SAFETY CODE Intermediate Care Facilities for the Mentally Retarded —
LARGE ".
7. Form CMS -2786X entitled, "FIRE SAFETY SURVEY REPORT -
2000 LIFE SAFETY CODE Intermediate Care Facilities for the Mentally Retarded -
APARTMENT HOUSE ".
8. Form CMS -2786Y entitled, "FIRE SAFETY SURVEY REPORT —
2000 LIFE SAFETY CODE Intermediate Care Facilities for the Mentally Retarded -
SMALL FSES ".;
94) * Appendix of the I. B.C. is revised by adding a new Appendix N as follows:
"APPENDIX N REPAIRS TO BUILDING AND STRUCTURES DAMAGED BY THE
OCCURRENCE OF A NATURAL DISASTER"
N 101, Purpose. The purpose of this appendix is to provide a defined level of repair for
buildings or structures damaged by a natural disaster in jurisdictions where the governor has declared
a formal condition of disaster emergency under by proclamation.
N 102, General. Required repair levels must be based on the ratio of the estimated value of
the repairs required to restore the structural members to their pre - disaster condition to the estimated
replacement value of the building or structure.
N 103, Structural repairs. When the ratio described in Section N 102 does not exceed 10
LALk
CITY OF SEWARD, ALASKA
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percent, as determined by design professionals who are professional architects or professional
engineers who meet the requirements ofAS 08.48 buildings and structures, except essential facilities
included as Category III buildings and structures in Table 1604.5 "Risk Category of Buildings and
Other Structures" of this code, must, at a minimum, be restored to their pre- disaster condition.
When the ratio described in Section N 102 is greater than 10 percent but less than 50 percent,
buildings and structures, except essential facilities included as Category III buildings and structures
in Table 1604.5 of this code, must have the damaged structural members, including all critical ties
and connections associated with the damaged structural members, all structural members supported
by the damaged member, and all structural members supporting the damaged members repaired and
strengthened to bring them into compliance with the force levels and connection requirements of this
code. These requirements apply to those essential facilities when the ratio described in Section N 102
is less than 30 percent.
Exception: For buildings or structures with rigid diaphragms where the above - required repair
and strengthening increases the rigidity of the resisting members, the entire lateral force - resisting
system of the building or structure must be investigated.
When, in the opinion of the building official, an unsafe or adverse condition has been created as a
result of the increase in rigidity, the condition must be corrected. When the ratio described in Section
N 102 is greater than 50 percent, buildings and structures, except essential facilities included as
Ikko,,, Category III buildings and structures in Table 1604.5 of this code, must, at a minimum, have the
entire building or structure strengthened to comply with the force level and connection requirements
of this code. These requirements apply to essential facilities when the ratio described in Section N
102 is greater than or equal to 30 percent.
N 104, Nonstructural repairs to light fixtures and suspended ceilings. Under all ratios
calculated under N 102, when light fixtures and the suspension systems of a suspended acoustical
ceiling are damaged, the damaged light fixtures and suspension systems must be repaired to fully
comply with the requirements of Section 803.9 [803.9.1.1] of this code. Undamaged light fixtures
and suspension systems must have the additional support and bracing that is required in Section
803.10 [803.9.1] of this code.;
95) *Appendix of the I.B.C. is revised by adding a new Appendix 0 as follows:
"APPENDIX 0 FIRE SPRINKLER INCENTIVE RESIDENTIAL SAFETY STAR
PROGRAM"
0 101, Purpose. The purpose of the Fire Sprinkler Incentive Residential Safety Star Program
is to reward those who are proactive and install residential fire sprinklers in single family residences
and residences with not more than two dwelling units. This program, in concert with the insurance
industry and city government provides graduated rate and property tax reductions for residential
sprinkler coverage. The division of fire and life safety has established this program to rate residences
based on the sprinkler coverage in the home and identifies who can install and maintain these
LAS-
CITY OF SEWARD, ALASKA
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systems.
O 102, The types of residential sprinkler systems that may be installed to qualify for this
program will consist of [NATIONAL FIRE PROTECTION ASSOCIATION] N.F.P.A. 13R, 13D
and 750 fine water mist systems and International Residential Code P2904 constant flow systems.
O 103. There are four ratings of the Fire Sprinkler Incentive Residential Safety Star Program.
O 103.1, Platinum — Complete automatic fire sprinkler system as per N.F.P.A. 13R.
O 103.2, Gold — Complete automatic fire sprinkler system as per N.F.P.A. 13D or
International Residential Code P2904.
O 103.3, Silver — Partial automatic fire sprinkler system as per N.F.P.A. 13R to cover major
sources of fire hazards only covering items such as attached garages, laundry rooms, furnace rooms
and kitchens.
O 103.4, Bronze — Partial automatic fire sprinkler system as per N.F.P.A. 13D or
International Residential Code P2904 to cover major sources of fire hazards only covering items
such as attached garages, laundry rooms, furnace rooms and kitchens.
O 104, Fine water mist systems installed to N.F.P.A. 750 may be considered an equal to the
respective categories listed in 0 103.1 and 0 103.3.
O 105, System design is to be accomplished by a person holding the proper permit as
referenced in 13AAC 50.035 or by the automatic fire suppression system manufacturer.
O 106, System installation can be accomplished by the home owner but the system must be
certified complete and operational by a person who holds a permit under 13AAC 50.035. Professional
automatic fire suppression system installers who hold a permit under 13AAC 50.035 may install
N.F.P.A. 13R, 13D and 750 systems. A plumber who holds an endorsement from the Alaska
Department of Commerce, Community, and Economic Development, division of corporations
business and professional licensing may install International Residential Code P2904 systems.
O 107, It is the owner's responsibility to ensure that the automatic fire suppression system is
inspected and any maintenance required by the manufacturer or ordinance of the local government
occur as stated and conducted as specified by 13AAC 50.035.
O 108, To participate in the Fire Sprinkler Incentive Residential Safety Star Program an
applicant must complete an application as provided by the division of fire and life safety and
submit an approved design and certification from the installer that the system was installed and is
working per the particular N. F. P.A. standard employed by the homeowner. In turn, the division
of fire and life safety will issue the appropriate certificate. The owner will then be able to apply
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CITY OF SEWARD, ALASKA
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for the incentives provided by the insurance agency and local fire protection property tax
exceptions as allowed by law.
Eff. 6/25/69, Register 30; am 2/21/71, Register 37; am 6/15/79, Register 71; am 1/14/81, Register
77; am 8/2/86, Register 99; am 10/28/90, Register 116; am 6/10/93, Register 126; am 3/7/96,
Register 136; am 8/31/96, Register 139; am 3/27/99, Register 149; am 9/15/2001, Register 159; am
8/27/2004, Register 171; am 9/12/2007, Register 183; am / / , Register ).
Authority: A.S. 18.70.080 A.S. 18.70.081
Section 3. The City of Seward shall possess three copies of the City designated edition of the
International Building Code for public use, inspection and examination.
Section 4. This ordinance shall take effect ten days following its enactment.
ENACTED by the City Council of the City of Seward, Alaska, this 22 day April, 2013.
THE CITY OF SEWARD, ALASKA
141 01rr David Seaward, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Johanna Kinney, CMC
City Clerk
(City Seal)
L\
Council Agenda Statement
Meeting Date: April 28, 2013
of sett.
q
Thru: Jim Hunt, City Manager c ; , y e a
•
w �
From: David Squires, Fire Chief /Building Official 4 P
•
Agenda Item: Adoption of the 2012 International Building Code
BACKGROUND & JUSTIFICATION:
On November 16, 2012, the State of Alaska adopted the 2009 edition of the International Building
Code (IBC). In order to maintain our Deferment Agreement with the State of Alaska, the City of
Seward is required to also adopt the 2009 IBC. The regulations set the minimum acceptable building
standard for all parts of the state and the deferred jurisdictions. Any variances below the standard
cannot be granted. The City of Seward is required to adopt a code at least as restrictive as the State's
adopted code.
The State is currently reviewing the 2012 IBC for a proposed adoption in the spring of 2014. Not
wanting to go through this process again in less than 12 months, we are proposing to adopt the 2012
IBC now.
The Ordinance before you has the proposed revisions made by the State and suggested local
revisions. The State of Alaska amendments are marked with an asterisk to clearly illustrate for the
public and Council which amendments can not be changed or deleted. Most of these changes are in
the State adoption of the 2009 IBC. The asterisks will be removed prior to the Ordinance being
codified. The City of Seward amendments are specific to Seward including modifications for
Seward's climatic, geographic and seismic conditions. We have added back into the code wood
foundations as requested at the March 13` work session; however we have not included the change
in ground snow load from 80psf to 100psf. In discussions with structural engineers the 80psf ground
snow load should be adequate for our area if we add an 80psf minimum uniform roof load. We are
advocating this because it may substantially increase the cost of a commercial structure. The local
suggested modifications are not asterisked and can be modified by Council.
INTENT: To adopt a current building code consistent with State of Alaska requirements and local
needs.
CONSISTENCY CHECKLIST: Yes No N/A
1 Comprehensive Plan 2020 Vol -1 Section 3.8.1.4 pg28, Section 3.3.1.1 X
pg22, Section 3.2.1.1 pg20
2. Strategic Plan (document source here): X
3. Other (list):
FISCAL NOTE: There is no fiscal impact to the City's annual budget.
Approved by the Finance Department: y D
ATTORNEY REVIEW: Yes X No
RECOMMENDATION:
Approve Ordinance 2013- 0 Lending the Seward City Code Section 12.05.011 International
Building Code by Adopting the 2012 Edition of the International Building Code (IBC), including
all amendments /revisions.
4 t
Sponsored by: Hunt
Introduction Date: April 8, 2013
Public Hearing Date: April 22, 2013
Enactment Date: April 22, 2013
CITY OF SEWARD, ALASKA
ORDINANCE 2013 -006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AMENDING SEWARD CITY CODE, CHAPTER 9.15, HEALTH
AND SAFETY, ADOPTING THE 2012 EDITION OF THE INTERNATIONAL
FIRE CODE (IFC), INCLUDING REVISIONS
WHEREAS, as of the 16 day of November 2012, the State of Alaska has adopted the 2009
Edition of the International Fire Code (IFC); and
WHEREAS, the 2012 edition of the IFC is currently being reviewed by the State of Alaska
for proposed adoption in 2013; and
WHEREAS, revisions the State of Alaska makes to the IFC affect the City of Seward's
deferral from the State; and
WHEREAS, the proposed revisions are consistent with the scope of providing a safe place to .,,,i'
live and work for the citizens of the City of Seward.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,
HEREBY ORDAINS that:
Section 1. The asterisks note changes made by the State of Alaska to the IFC. These
asterisks are inserted for the benefit of the reader to indicate items which were changed by the State
and cannot be modified to be any less restrictive by the City of Seward. These marks will be
removed by the City Clerk before being codified.
Section 2. The Seward City Code Section 9.15.111 is deleted in its entirety and replaced
with the following:
9.15.111. 2012 International Fire Code — Adopted.
(a) The 2012 edition of the International Fire Code, including appendix chapters listed in
subsection (b) below, published by the International Code Council is hereby designated and shall be
known as the Seward Fire Code, and shall constitute the laws of the city related to fire prevention.
Although not published in full in this section, all of the provisions of the International Fire Code and
the appendices cited shall be and are hereby adopted by reference to the same extent as if set forth in
full herein, except to the extent that the International Fire Code is amended by or in conflict with this
CITY OF SEWARD, ALASKA
ORDINANCE 2013 -006
Page 2 of 20
code or any relevant ordinance later adopted, in which case the provisions of this code shall apply.
(b) The following revisions are made to the International Fire Code 2012 edition, hereinafter
sometimes referred to as IFC in its application as the Seward Fire Code.
1. The IFC Chapters 12 -19, 37 -49 and 68 -79 are reserved. Chapters 1 -11, 20 -36, 50 -67, 80
and Appendices B -D, and I (2012 edition) are adopted by reference to regulate all
occupancies and buildings for the safeguarding of life and property from the hazards of fire
and explosion arising from the storage, handling and use of hazardous substances, materials,
and devices, and from other conditions hazardous to life and property, with the following
revisions:
2. *The IFC is revised by deleting all the references to the "ICC Electrical Code or NFPA 70"
and replacing them with "Electrical Code as adopted, by 8 AAC 70.025, as amended as of
September 27, 2008 and as amended from time to time."
3. *The IFC is revised by deleting all the references, with the exception of chapters 6 and 7 of
the "International Fuel Gas Code" and all references in the "International Plumbing Code"
and replacing them with "Plumbing Code as adopted by 8 AAC 63.010, as amended as of
February 23, 2011 and as amended from time to time."
4. Chapter 1, Section 105.6, (Required operational permits) is revised by deleting all
operational permits except for: 105.6.14 Explosives, 105.6.30 Open burning, 105.6.36
Pyrotechnic special effects materials, 105.6.43 Temporary membrane structures, tents and
canopies.
5. Chapter 1, Section 105.7, (Required construction permits) is revised by deleting all
construction permits except for: 105.7.1 Automatic fire extinguisher systems, 105.7.6 Fire
alarm and detection systems and related equipment, 105.7.7 Fire pumps and related
equipment, 105.7.15 Standpipe systems, 105.7.16 Temporary membrane structures, tents
and canopies.
6. Chapter 1, Section 108, (Board of Appeals) is amended to reflect SCC 9.15.112.
7. Chapter 1, Section 109.4, (Violation penalties) is revised by deleting: "shall be guilty of a
[specify offense], punishable by a fine of not more than [amount] dollars or by
imprisonment not exceeding [number of days], or both such fine and imprisonment "; and
replace with: "shall be in violation of SCC 9.15 and AS 18.70.100 and punishment shall be
as set forth in AS 12.55."
8. * Chapter 2, Section 202, (General definitions) is revised by changing the definition of
"Educational Group E, Day Care" to read: "The use of a building or structure, or portion of
the building or structure, for education, supervision or personal care services for more than
CITY OF SEWARD, ALASKA
ORDINANCE 2013 -006
Page 3 of 20
five children who are older than two and one -half years of age, including children related to
the staff shall be classified as a Group E occupancy."
9. * Chapter 2, Section 202, (General definitions) is revised by adding an exception under the
definition of "Educational Group E, Day Care" to read: "Exception: Family child care
homes (Group R -3) operating between the hours of 6:00 a.m. and 10:00 p.m. may
accommodate a total of 12 children of any age without conforming to the requirements of a
Group E occupancy except for (1) smoke detectors /alarms as described in Section 907.2.10,
(2) carbon monoxide detectors /alarms as specified in Section 908, (3) means of egress
requirements of Section 1003, including emergency escape and rescue openings, as required
by Section 1029, in napping or sleeping rooms; and (4) portable fire extinguisher
requirements as described in Section 906."
10. * Chapter 2, Section 202, (General definitions) is revised by adding a new paragraph
between the first and second paragraphs of the definition for "Institutional Group I -1 in
"Occupancy classification" to read: "A facility in this occupancy classification that has
occupants who need physical assistance to respond in emergency situations must comply
with the IFC, Section 405."
11. * Chapter 2, Section 202, (General definitions) first sentence of the last paragraph of the
definition "Institutional Group, Group I -1 is revised to read: "A facility such as one
described above, with five or fewer persons, including persons related to the staff, shall be
classified as Group R -3."
12. * Chapter 2, Section 202, (General definitions) add a second paragraph to the definition
"Institutional Group and Group 1 -2" to read: "A facility such as one described above, with
five or fewer persons, including persons related to the staff, shall be classified as Group R-
3."
13. * Chapter 2, Section 202, (General definitions) add a third paragraph to the definition for
"Institutional Group I and Group I -2" to read: "A child care facility that provides care on a
24 -hour basis to more than five children who are two and one -half years of age or less,
including children related to the staff shall be classified as Group I -2."
14. * Chapter 2, Section 202, (General definitions) the second sentence of the definition for
"Group I -4, day care facilities" is revised to read: "A facility within this occupancy
classification with five or fewer persons, including persons related to the staff, shall be
classified as a Group R -3."
15. * Chapter 2, Section 202, (General definitions) is revised by adding a new paragraph to the
definition for "R -4" in "Residential Group R" of "Occupancy classification" between the
first and second paragraphs to read: "Facilities within this occupancy classification that have
occupants needing physical assistance to respond in emergency situations must comply with
the I.F.C., Section 405.10."
CITY OF SEWARD, ALASKA
ORDINANCE 2013 -006
Page 4 of 20
16. * Chapter 3, Section 307.2, (Permit required), is revised to read: "Approval. The fire chief
of a registered department having jurisdiction, may allow a fire for recognized silvicultural
or range or wildlife management practices, prevention or control of disease or pests, or a
bonfire. Application, as required by the chief of that registered fire department, must be
presented by the owner of the land upon which the fire is to be kindled before kindling such
fire."
17. * Chapter 3, Section 308.3, (Open flame), is revised to read: "Open flame. The use of open
flame in connection with a public meeting or gathering for the purpose of deliberation,
worship, entertainment, amusement, instruction, education, recreation, awaiting
transportation, or similar purposes in assembly or educational occupancies must be done in
consultation with the registered fire department having jurisdiction."
18. * Chapter 3, Section 311.1.1 is revised by deleting the reference "International Property
Maintenance Code."
19. * Chapter 3, Section 311.5, (Placards), is revised by deleting this section.
20. * Chapter 4, Section 401.3, (Emergency responder notification), the first sentence is revised
to read: "In the event an unwanted fire occurs on a property, the owner or occupant shall
�, immediately report the conditions to the registered fire department having jurisdiction."
21. * Chapter 4, Section 404.2, (Where required), is revised to read: "Group A. ".
22. * Chapter 4, Section 405, is revised by adding a new section 405.10 to read: "405.10 False
alarms may not be counted as a fire drill for the purposes of Section 405. Emergency
evacuation drills."
23. *Chapter 4, Section 405, (Emergency evacuation drills), is revised by adding a new Section
405.10 to read: "Occupants Needing Physical Assistance (Group I -1 and R -4)."
Section 405.10
Occupants Needing Physical Assistance
405.10.1, Applicability. The provisions of this section apply to all Group I -1, I -2 and R -4
occupancies where the occupants need physical assistance from staff or other to respond to
emergencies.
405.10.2, Definitions. In this section:
• "Evacuation capability" means the ability of occupants, residents, and staff as a group
either to evacuate a building or to relocate from the point of occupancy to a point of
safety.
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• "Point of Safety" means a location that (a) is exterior to and away from a building; or
(b) is within a building of any type construction protected throughout by an approved
automatic sprinkler system and that is either (1) within an exit enclosure meeting the
requirements of IFC section 1020; or (2) within another portion of the building that is
separated by smoke partitions meeting the requirements of IBC section 710, with not
less than a one -half hour fire resistance rating, and the portion of the building has
access to a means of escape or exit that conforms to the requirements of this code and
does not require return to the area of the fire.
405.10.3, Fire Drills and Evacuation Capability Determination. The intial determination of
evacuation capability will be determined by a fire drill conducted by a fire code official or by an
employee of the department of health and social services responsible for licensing the facility.
Changes to the evacuation capability will be made by a fire code official, based on a record of fire
drills conducted by the facility staff. The drills will be conducted six times a year on a bimonthly
basis, with at least two drills conducted during the night when residents are sleeping. Records must
indicate the time taken to reach a point of safety, date and time of the drill, location of simulated fire
origin, escape paths used, and comments relating to residents who resisted or failed to participate in
the drills.
405.10.4, Evacuation capability and fire protection requirements. Fire protection
requirements of a facility under this section are as follows:
405.10.4.1, Prompt evacuation capability. Evacuation capability of three minutes or less
indicates prompt evacuation capability. In facilities maintaining prompt evacuation capability, the
requirements of the code for Groups I -1, I -2 or R -4 occupancies must be followed.
405.10.4.2, Slow evacuation capability. Evacuation capability of more than three but less
than fourteen minutes indicates slow evacuation capability. In facilities maintaining slow evacuation
capability, the facility must be protected by (a) an automatic smoke detection system, using
addressable smoke detectors, designed and installed in accordance with the provisions of this code
and NFPA 72; and (b) an automatic sprinkler system, with quick- response or residential sprinklers,
installed in accordance with section 903.3.1.2 NFPA 13R (Sprinkler systems).
405.10.4.3, Impractical evacuation capability. Evacuation capability of fourteen minutes or
more indicates impractical evacuation capability. In facilities maintaining impractical evacuation
capability, the facility must be protected by (a) the protections for a facility with slow capability
under section 405.10.4.2; (b) one -half hour fire - resistive construction throughout the facility; and (c)
direct egress from sleeping rooms for occupants needing evacuation assistance either (i) to the
exterior at grade level, to an exterior porch or landing via a three foot six inch wide door; or (ii) if the
sleeping rooms are separated from the rest of the building by smoke partitions installed in accordance
with IBC section 710, by egress windows conforming to the provisions of section 1029.
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`br 24. * Chapter 4, Section 407.1, (General) is revised to read: "General. The provisions of Section
407.2 through 407.7 shall be applicable, in the discretion of the chief of the registered fire
department that has jurisdiction, where hazardous materials are located on the premises."
25. * Chapter 4, Section 408.3, (Group E occupancies and Group R -2 college and university
buildings) is revised by the addition of a subsection to read "408.3.5 False alarms. False
alarms may not be counted as a fire drill for the purpose of this section."
26. * Chapter 5, Section 503.1.1, (Where required) is revised to read: `Buildings and facilities.
The fire chief of the registered fire department having jurisdiction may require approved fire
apparatus roadways for every facility, building, or portion of a building constructed or
moved into or within the jurisdiction on or after September 15, 2001. The fire apparatus
access roadway must be required to comply with the requirements of this section as
determined by the chief of that jurisdiction and be required to extend within 150 feet (45
720mm) of all portions of the facility or building or any portion of the exterior wall of the
first story of the facility or building as measured by an approved route around the exterior of
the building or facility."
27. * Chapter 5, Section 503.1.1, (Buildings and facilities) lead in line to the exception is
revised to read: "Exception: The chief of the registered fire department having jurisdiction
may increase or decrease the dimension of 150 feet (45 720mm) where:"
28. Chapter 5, Section 503.1.1, (Buildings and facilities) is revised by deleting exception 3.
29. Chapter 5, Section 505.1, (Address numbers), the first sentence is revised to read: "The
chief of the registered fire department having jurisdiction shall require that all new and
existing buildings be provided with approved address numbers, building numbers, or
approved building identification visible from the street or road fronting the property, or on
the street or road if the building is not visible from the street or road."
30. * Chapter 5, Section 505.2, (Street or road signs) the first sentence is revised to read: "The
chief of the registered fire department having jurisdiction may require streets and roads to be
identified with approved signs."
31. *Chapter 5, Section 507.1, (Fire Protection Water Supplies), the first sentence is revised to
read: "The chief of the registered fire department having jurisdiction may require that an
approved water supply capable of supplying the required fire flow for fire protection be
provided to premises upon which facilities, buildings, or portions of facilities or buildings
are constructed or moved into or within the jurisdiction on or after September 15, 2001."
32. Chapter 5, Section 507.5.1, (Where required) is revised to read: "Where required. Where a
portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 250 feet (76.20 meters) from a hydrant on a fire apparatus access
road, as measured by an approved route around the exterior of the facility or building, on-
5S
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site fire hydrants and mains shall be provided where required by the fire code official." This
section is further revised by deleting Exceptions 1 and 2.
33. Chapter 5, Section 507.5.4, (Obstruction) is revised by adding a new sentence, "The
immediate access area is determined to be an area that measures 15 feet from the outlets of
the hydrant."
34. * Chapter 6, Section 603, (Fuel -Fired Appliances) is revised by deleting the references
"International Fuel Gas Code" and replacing them with "Plumbing Code as adopted by 8
AAC 63.010, as amended as of February 23, 2011 and as amended from to time. ", and the
references "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8
AAC 70.025, as amended as of September 27, 2008 and as amended from time to time."
35. * Chapter 6, Section 603.3.1, (Fuel oil storage in outside, above - ground tanks) the last
sentence is revised to read: "The storage of fuel oil above ground in quantities exceeding
660 gallons (2498 L) shall,comply with NFPA 31 and have a minimum distance to nearest
important building by not less than five feet."
36. * Chapter 6, Section 604, (Emergency and Standby Power Systems) is revised by deleting
the references "ICC Electrical Code" and replacing it with "Electrical Code as adopted by 8
AAC 70.025, as amended as of September 27, 2008 and as amended from time to time."
37. * Chapter 6, Sections 605,and 606, (Electrical Equipment, Wiring and Hazards, Mechanical
Refrigeration) are revised by deleting the references "ICC Electrical Code" and replacing
them with "Electrical Cade, as adopted by 8 AAC 70.025, as amended as of September 27,
2008 and as amended from time to time."
38. * Chapter 7, Section 703.2.3, (Door operation) is revised by adding a new Section 703.2.3.1
to read: "703.2.3.1 Operation. Fire assemblies may not be obstructed or otherwise impaired
from their proper operation at any time. When two or more self - closing fire assemblies
within a building have been documented as having been obstructed or impaired during three
or more consecutive inspections, the fire code official may order the installation of
automatic - closing devices meeting the requirements of Section 1008.1.9.9 and item 5 of the
I.B.C."
39. * Chapter 9, Section 901.4, (Installation) is revised by adding an exception to read:
"Exception: Buildings, temporarily closed due to seasonal operations may have their fire
alarm systems deactivate under the following conditions:
A. Building is unoccupied;
B. Building is properly secured;
C. All utilities are disconnected and drained;
The fire systems are certified as operational before the building is reoccupied;
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D. A 24 -hour a day fire watch as defined in Section 202 is provided during the interim
between when utilities are reactivated and the fire systems are certified as
operational;
E. The fire code official is notified in writing of the closure; and
F. A letter from the insurance carrier or, the owner if self - insured, indicating
knowledge of the closure is provided to the fire code official."
40. * Chapter 9, Section 901.5, (Installation acceptance testing) is revised to read: "Fire
detection and alarm systems, fire- extinguishing systems, fire standpipe systems, and other
fire protection systems and appurtenances to those systems must meet the approval of the
authority having jurisdiction as to the installation and location, and are subject to the
acceptance test required by the standard in Table 901.6.1 for the system or appurtenance.
Fire hydrant systems,, fire. pump systems, and private fire service mains installed as a
requirement by the fire chief of the registered fire department having jurisdiction, are
subject to the acceptance tests as contained in the installation standards and as approved by
the chief. The chief mus, be notified before any required testing, and all results of the tests
must be conveyed to the chief within 30 days."
41. * Chapter 9, Section 9Q1,.6, (Inspection, testing and maintenance) is revised by adding a
second paragraph to read:, "Superseding other code or standard requirements established by
this section, fire protection systems and fire extinguishers must be inspected, tested, and
r serviced as follows:
1. Annually. Exception: Standpipe systems must be inspected, tested,
and serviced every five years;
2. After any use or activation;
3. Any time damage is found;
4. After repair or alteration;
5. When required by the fire code official;
6. After seasonal shutdown.
Reports of inspections and tests must be maintained on the premises, and a copy of the
acceptance test certificate must be forwarded to the fire code official by the person
conducting the inspection or test within 30 days of the inspection or test being completed.
The annual fire extinguisher testing may be performed by any person who has a valid permit
in accordance with 13 AAC 50.030(h), including the building owner or the owner's agent."
42. *Chapter 9, Section 901.7, (Systems out of service), the first sentence is revised to read:
"Where a required fire protection system is out of service for more than eight hours in a 24
hour period, an impairment plan will be submitted to the fire department and the fire code
official immediately and, where required by the fire code official, the building shall either
be 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."
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43. * Chapter 9, Section 903.2.3, (Group E) is revised to read: "Group E. An automatic
sprinkler system must be provided throughout all buildings in Group E occupancies. The
use of a fire wall or barrier does not establish a separate building or fire area for purposes of
this section.
Exception: Buildings with Group E occupancies having an occupant load of 49 or less.
A. An automatic sprinkler system must also be provided for every
portion of educational buildings below the level of exit discharge.
B. Home Day Care uses that are licensed to care for more than five
persons between the hours of 10:00 p.m. and 6:00 a.m. must be
equipped with an automatic sprinkler system designed and
installed as described in Section 903.3.1.3 or an equivalent system
approved by the building official.
44. * Chapter 9, Section 903.2.8, (Group R) is revised to read: "Group R. An automatic
sprinkler system must be installed in Group R occupancies as required in 903.2.8.1 through
903.2.8.4."
45. * Chapter 9, Section 903.2.8, (Group R) is revised by adding a new Section 903.2.8.3 to
read" 903.2.8.3 Group R -1. (Health Clinics with Transient Quarters) may utilize an NFPA
13R sprinkler system throughout the building; a fire barrier can be utilized to separate the
building and utilize an Nfp,A 13D sprinkler system. In addition, rental cabins with potable
water with stays less than 30 days will be considered R -1's and will be required to follow
this section."
46. *Chapter 9, Section 903.2.8, (Group R) is revised by adding a new Section 903.2.8.4 to
read: "Section 903.2.8.4 Group R -2. An automatic sprinkler system or a residential
sprinkler system installed in accordance with Section 903.3.1.2 must be provided
throughout all buildings with a Group R -2 fire area that are more than two stories in height,
including basements, or that have more than four dwelling units or 16 sleeping rooms."
47. * Chapter 9, Section 903.3.1.1, (NFPA 13 sprinkler systems) is revised by adding a new
Section 903.3.1.1.2 to read: "903.3.1.1.2 Elevator Hoist Ways and Machine Rooms. When
the provisions of this code requires the installation of automatic sprinkler systems, the
installation in elevator hoist ways and machine rooms must occur as described in Chapter 30
(Elevators and Conveying Systems) and NFPA 13 Elevator Hoist Ways and Machine
Rooms and adopted by reference and the American Society for Mechanical Engineers
(A.S.M.E.) A17.1 Safety Code for Elevators and Escalators (2000 edition) and adopted by
8 AAC 77.005, as amended as of October 16, 2012 and as amended from time to time and
the fire sprinkler head for the top of elevator shafts may have a globe valve installed so the
single head can be turned off in an emergency. The globe valve must be marked and sealed
or locked in the open position.
Exception: Sprinklers are not required in an elevator machine room where the machine room
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�r► is:
(1) separated from the remainder of the building as described in I.B.C. Section
3006.4;
(2) smoke detection is provided in accordance with NFPA. 72 and adopted by
reference; and,
(3) notification of alarm activation is received at a constantly monitored location."
(4) Fire extinguisher is provided in the elevator machine room.
48. * Chapter 9, Section 903.3.6, (Hose threads) is revised by deleting "the fire code official"
and replacing it with " -AS 18.70.084."
49. * Chapter 9, Section 903.6, (Existing buildings) is revised by adding Section 903.6.1 to
read: "903.6.1 Group E. An approved automatic fire extinguishing system must be installed
in Group E occupancies.ii,a.ccordance with Section 903.2.3, as revised, whenever alteration,
repairs, or additions are made to an existing structure containing a Group E Occupancy."
50. * Chapter 9, Section 906'.1, (Where required) is revised by deleting the exception in number
1.
51. * Chapter 9, Section 907.1.2, (Fire alarm shop drawings) is revised by adding the following
documents to those that must be submitted for plan review:
14. System riser diagrams
15. Fire system designer stamp, signature, and date.
52. * Chapter 9, Section 907.2.1 (Group A) is revised to replace the exception to read: "A
manual fire alarm system shall be installed in Group A -2 occupancies with an occupant load
of 100 or more."
53. *Chapter 9, Section 907.2.2 (Group B) is revised by deleting the exception.
54. * Chapter 9, Section 907.2.3, is revised by adding a second paragraph to read: " Rooms
used for sleeping or napping purposes within a day care use of a Group E occupancy must
be provided with smoke alarms that comply with Section 907.2.11.2" and by deleting
exception 3.
55. *Chapter 9, Section 907.2.4, (Group F) is revised by deleting the exception.
56. * Chapter 9, Section 907.2.6.1, is revised by deleting exception 1.
57. *Chapter 9, Section 907.2.7, (Group M) is revised by deleting exception 2.
58. *Chapter 9, Section 907.2.8.1, (Group R -1 Manual fire alarm system) is revised by deleting
exception 2.
59. * Chapter 9, Section 907.2.9.1, (Group R -2 Manual fire alarm system) is revised by deleting
exception 2.
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60. *Chapter 9, Section 907.2.10.1, (Group R -4 Manual fire alarm system) is revised by
deleting exception 2.
61. *Chapter 9, Section 907.7.2, (Record of completion) is revised by adding a second
paragraph to read: "A copy of the acceptance test certificate verifying completion in
accordance with NFPA 72, as adopted by reference, must be forwarded by the firm
conducting the test to the division of fire and life safety or the deferred jurisdiction having
authority within 30 days of the completion of the installation."
62. * Chapter 9, Section 907:2.11, (Single and multi- station smoke alarms) is revised by adding
a second paragraph to read: "When a plan review is required for an existing Group R
occupancy, smoke alarms must be installed as described in Section 907.2.11."
63. * Chapter 9, Section 907.8.1, (Inspection, testing and maintenance) is revised by adding a
new section to read: "907.8.1.1 (Mancamp relocations) On each portable or relocatable
camp move, a licensed or certified electrician can disconnect and reconnect the fire alarm
system, and a licensed or certified plumber can disconnect and reconnect the suppression
system. The mancamp must be certified by an appropriate fire system permit holder to
provide documentation that the system has been placed back in service and is ready for
operation. System certification documentation is to be retained on site and available for
review upon request. Annual requirements are still required by the code as referenced by 13
AAC 50.025."
64. *Chapter 9, Section 908.7, (Carbon monoxide alarms) is revised by adding the following
Nqd
after the first sentence: "At least one carbon monoxide detector or alarm shall be installed
on each floor level."
65. *Chapter 9, Section 908.7, (Carbon monoxide alarms) is revised by adding the following at
the end of the paragraph: "Power source: In new construction, carbon monoxide detectors
and alarms shall receive their primary power from the building wiring ifthe wiring is served
from a commercial source, and shall be equipped with a battery backup. Wiring shall be
permanent and without a disconnecting switch other than what is required for overcurrent
protection."
66. * Chapter 9, Section 909.18, (Acceptance testing) is revised by adding a new sentence to
read: "A copy of the acceptance test certificate must be forwarded to the division of fire and
life safety or the deferred authority having jurisdiction by the firm conducting the test within
30 days of the completion of the installation."
67. * Chapter 9, Section 910.1, (General) is revised by deleting exception 2.
68. * Chapter 10, Section 1001.1, (General) is revised by adding the following words to the last
sentence of the exception: "as governed by the provisions of AS 18.70.080."
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err 69. * Chapter 10, Section 1009.4, (Stairway width) is revised by adding the following exception
to read: "Exception 5. Ladders used only to attend equipment are exempt from the
requirements of section 1009."
70. * Chapter 10, Section 1009.9.2, (Outdoor conditions) is revised by adding a sentence: "In
occupancies that are accessory to Group R -3 occupancies, surfaces and landings which are
part of the exterior stairs in climates with snow or ice shall be designed to minimize the
accumulation of the snow or ice."
71. * Chapter 10, Section 1010.8.2, (Outdoor conditions) is revised by adding a sentence: "In
occupancies other than Group R -3 and Group U occupancies that are accessory to Group R-
3 occupancies, surfaces _and landings that are part of the exterior ramps in climates with
snow or ice shall be designed to minimize the accumulation of the snow or ice."
72. * Chapter 10, Section 1.015 (Three or more exits or exit access doorways) is revised by
adding an exception to read: "Where access to three or more exits is requires, the separation
distance of the third exit do'dr or exit access doorway shall not be less than one -third of the
length of the maximum overall diagonal dimension of the area served."
73. *Chapter 10, Table 1018.1, (Corridor fire resistance rating) is revised by adding footnote
"d" to read: "R -2 occupancies shall be permitted to have a one -hour rated corridor without a
sprinkler system when the corridor:
*low A. Serves any occupant load greater than 10;
B. Serves less than four dwelling units or 16 or more sleep rooms;
And
C. Is less than three stories in height."
74. * Chapter 10, Section 1019.1, (General) is revised by adding a sentence to read: "Exterior
exit balconies shall be designed to minimize accumulation of snow or ice that impedes the
means of egress."
75. *Chapter 10, Section 1021.2.2, (Basements) is revised by adding a second paragraph to
read: "Basements or the first level below the first story in all occupancies except Group R -3
occupancies, used exclusively for the basement or first level below the first story must have
at least two exits arranged as described in Section 1015.2. For purposes of this paragraph,
storage rooms, laundry rooms, maintenance offices, and similar uses may not be considered
as providing service to the building."
76. * Chapter 10, Section 1029.1, (General) is revised by deleting exceptions 1 and 3.
77. * Chapter 20, Section 2003.5, (Dispensing of flammable and combustible liquids) the last
sentence is revised to read: "Aircraft motor vehicle fuel- dispensing facilities shall be in
accordance with Chapter 23 of the IFC and NFPA 407, as adopted by reference."
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78. * Chapter 20, Section 2005, (Portable fire extinguishers) is revised by deleting Section
2005.8.
79. * Chapter 20, Section 2006.1, (Aircraft motor vehicle fuel- dispensing facilities) is revised to
read: "Aircraft motor vehicle fuel- dispensing stations shall be in accordance with Chapter
23 of the IFC and NFPA. 407 as adopted by reference."
80. * Chapter 20, Section 2006.3, (Construction of aircraft- fueling vehicles and accessories) is
revised by adding a new exception to read: "Exception: A vehicle or trailer tank with a
capacity of 250 gallons or less may be used for non - commercial refueling of private non-
commercial aircraft if the following requirements are met:
A. The tank is placarded with no smoking signs, the type of fuel contained in the
tank, and the tank capacity;
B. The tank and all appurtenances used in the fueling operation are listed and
approved for the specific purpose;
C. Electrical bonding is provided as required under Section 2006.3.7."
81. * Chapter 23, Section 2306.2.3, (Above - ground tanks located outside, above grade) is
revised by adding an item 6 to read: "6. Approved above- ground atmospheric tanks may be
used without special enclosure or fire rating if the following criteria are met:
A. Tanks must be located as required for "Other Tanks" by Table 2306.2.3;
B. Tanks must be enclosed by a six -foot high industrial type chain link fence
with a minimum of two access gates located at opposite side of the enclosure.
Each gate must be at least 36 inches wide. There must be a minimum
working distance of five feet between the tank and the fence."
82. * Chapter 23, Section 2306.7.7.1, (Leak detection) is revised by adding an exception to
read: "Exception: A leak detection device is not required if the underground piping is extra -
heavy wall steel with all melded joints, dielectric coating, and cathodic protection."
83. * Chapter 23, Section 2311.2.3, (Drainage and disposal of liquids and oil- soaked waste) is
revised by adding a sentence to the first paragraph to read: "Where oil separators or traps are
provided, neither the oil nor water phase may drain to septic systems, dry wells, or other
means of underground discharge."
84. Chapter 33, Section 3307.1, (Storage and handling) is revised by adding to the end of the
sentence "and Seward City Code Chapter 9.15, Article 3."
85. Chapter 33, Section 3307.2, (Supervision) is revised by adding to the end of the sentence
"and Seward City Code Chapter 9.15, Article 3."
86. * Chapter 50, Section 5001.6, (Facility Closure) is revised to read: "Documentation. The
fire chief of the registered fire department having jurisdiction may require the Nis
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documentation of the closure plans for the termination of the storage, use, or handling of
hazardous materials at least 30 days before the termination. The fire chief is authorized to
require that the documentation include as approved facility closure plan in accordance with
Section 5001.6.3. The fire chief may require the submission of the Hazardous Materials
Management Plan and Hazardous Materials Inventory Statement indicated in
Sections5001.5.1 and5001.5.2."
87. * Chapter 56, Section 5601.1, (Scope) is revised to insert "and AS 18.72" after "The
provisions of this chapter."
88. Chapter 56, Section 5601.1.1, (Explosive material standard) is revised to read: "In addition
to the requirements of this chapter, Seward City Code Chapter 9.15, Article 3 and NFPA
495 shall govern the manufacture, transportation, storage, sale, handling and use of
explosive materials."
89. * Chapter 56, Section 5601.1.3, (Fireworks) is revised, with the exceptions remaining, to
read: "The manufacture, storage, sale, handling and use of fireworks is prohibited except as
allowed in this section and AS 18.72."
90. * Chapter 56, Section 5601.1, (Scope) is revised by adding a new Section 5601.1.1.6 to
read: "Transportation. Explosive materials must be transported in accordance with 49
C.F.R. Parts 100- 185. No person may sell fireworks, possess, or transport fireworks for
sale, conduct a fireworks display described in paragraph 5602.4.2 of this section, or possess,
transport or test dangerous fireworks for such a display, unless the person holds a valid
permit or license under this section, and the activity is conducted in accordance with AS
18.72 and this chapter."
91. Chapter 56, Section 5601.2, (Permit required) is revised to read: "Permits shall be required
as outlined in Seward City Code, Chapter 9.15, Article 3."
92. *Chapter 56, Section 5601.7, (Seizure) is revised by adding the words "or AS 18.72."
93. * Chapter 56 is revised by deleting Sections 5601.2.4 (Financial Responsibility) and
5601.2.4.2 (Fireworks display).
94. * Chapter 56, Section 5601.2.2, (Sale and retail display) is revised by deleting the words
"explosives, explosive materials, or fireworks" and inserting in their place "explosives and
explosive materials."
95. * Chapter 56, Section 5608 is revised by re- titling the section "FIREWORKS RETAIL
SALES AND DISPLAYS."
96. *Chapter 56, Section 5608.1, (General) is revised by adding a second paragraph to read:
"Retail sales of salable fireworks must comply with Section 5608.11."
97. *Chapter 56, Section 5608.2, (Permit application) is revised to read: "Permit application.
(1) The following licenses or permits are required to conduct activity described in
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Section 105.6 of the IFC:
(a) wholesalers license, as described in AS 18.72, to sell, or possess for sale, 1.4G or
1.3G fireworks at wholesale;
(b) a retailer's permit, as described in AS 18.72, for each location where the
applicant intends to sell, or possess for sale, 1.4G fireworks at retail;
(c) a pyrotechnic operator's permit to conduct a fireworks display or non - routine
testing of 1.3G fireworks, or to possess fireworks for display or non - routine testing of 1.3G
fireworks;
(d) a fireworks event permit for each event involving public or private display of any
amount of 1.3G fireworks or 250 gross pounds (113.4 kg) of salable fireworks; or
(e) an annual permit for routine testing of 1.3G fireworks.
(2) A license or permit under (a) (1) — (4) of this paragraph must be obtained from the
state fire marshal's office. A permit under (a) (5) of this paragraph may be obtained from
the state fire marshal' s office or, on a form approved by the fire marshal, from the chief of
the registered fire department in the jurisdiction where the testing will occur.
(3) An application for a license or permit under (a) (1) — (4) of this paragraph must be
received by the fire marshal's office 14 days before the activity is scheduled to occur. A
permit under (a) (5) of this paragraph must be issued before the routine testing occurs.
(4) Applications for a license or permit must include,
(a) for a license or permit under (a)(1) or (2) of this paragraph, proof of
insurance as required and in the amount set out in AS 18.72.020; or
(b) for a permit under (a) (3) — (5), a certified copy of a policy of public
liability and products liability insurance, including both accident and occurrence insurance,
for not less than $1,000,000 for bodily injury and death, and not less than $500,000 for
property damage;
(5) An application for a retailer's permit under (a) (2) of this paragraph or for a
fireworks event under (a) (4) of this paragraph must include a plan and drawings,
satisfactory to the state fire marshal, showing and describing the sales location or display
site;
(6) An application for a pyrotechnic operator's permit under (a) (3) of this paragraph
must include proof satisfactory to the state fire marshal that the applicant:
(a) has passed a written examination administered by the state fire marshal;
and
(b) has participated as an assistant to a licensed pyrotechnic operator in six
licensed displays in this state or holds a valid pyrotechnic operator's permit or license from
another state.
(7) An applicant for a fireworks event permit under (a) (4) of this paragraph or for
CITY OF SEWARD, ALASKA
ORDINANCE 2013 -006
Page 16 of 20
testing under (a) (5) of this paragraph must hold a valid pyrotechnic operator's permit under
(a) (3) of this paragraph."
98. *Chapter 56, Section 5608.2, (Permit application) is revised by adding a new Section
5608.2.3 to read: "Section 5608.2.3, Revocation and suspension. A permit for the retail sale
of salable fireworks is void if the intended place of sale or use of the permit is within a
jurisdiction that, by ordinance, has prohibited the sale or use of fireworks or if the permit
holder sends, transports, or delivers fireworks to a jurisdiction that by ordinance has
prohibited the sale or use of fireworks.
The State Fire Marshal may revoke a permit or license if:
(1) the permittee -.or licensee fails to comply with a notice of violation and order to
correct by the date set in the order;
(2) the permittee or licensee is cited more than one time for the same violation of AS
18.72 or the fire code regulations in this chapter in the same calendar year; or
(3) the permittee or licensee conducts business in a way that presents an immediate
threat to life or property.
If a permit or license is revoked, the permittee or licensee may file a written appeal to
the State Fire Marshal, who will review the revocation and issue a written decision within
10 days after the appeal. The appeal must be postmarked within seven days following the
date of receipt of the revocation. Once a permit or license is revoked, the permittee or
`r licensee may not apply for or be granted a new permit or license for the sale, use, or display
of fireworks for one year from the date of revocation."
99. * Chapter 56, Section 5608.6, (Installation of motors) is revised by adding a new Section
5608.6.1 to read: "5608.6.1 Mortar construction. Mortars must be constructed of paper,
high density plastic pipe, or metal other than cast iron."
100. Chapter 56, Section 5608.11, (Retail display and sale) is revised by adding a new
section to read: "5608.11 Retail display and sale. The retail display and sale of fireworks
shall be prohibited within Seward City limits."
101. * Chapter 57, Section 5704.3.5.1, (Basement storage) is revised by deleting this
section.
102. * Chapter 57, Section 5706.3, (Well drilling and operation) is revised by adding a
second sentence to read: "This section does not apply to offshore oil platforms."
103. * Chapter 58, Section 5801, (General) is revised by adding a new Section 5801.3 to
read: "5801.3 Plan review. Where a single container is over 500- gallon (1892.7 L) water
capacity or the aggregate capacity of containers is over 500- gallon (1892.7 L) water
capacity, the installer shall submit plans for review before installation in accordance with 13
AAC 50.027."
CITY OF SEWARD, ALASKA
ORDINANCE 2013 -006
Page 17 of 20
104. * Chapter 80 (Referenced standards) is revised by changing the referenced standards from
the publication date listed to the following edition, and the standards are adopted by reference:
N.F.P.A. 10 -2013 Portable Fire Extinguishers
N.F.P.A. 12 -2011 Carbon dioxide extinguishing systems;
N.F.P.A. 12A -2009 Halon 1301 fire extinguishing systems;
N.F.P.A. 13 -2013 Installation of Sprinkler Systems;
N.F.P.A. 13D- 20072013 Installation of Sprinkler Systems in One and Two Family
Dwellings and Manufactured Homes;
N.F.P.A. 13R- 20072013 Installation of Sprinkler Systems in Residential
Occupancies Up to and Including Four Stories in Height;
N.F.P.A. 14- 2013 Standpipe and Hose Systems;
N.F.P.A. 20 -2013 Installation of Stationary Pumps for Fire Protection;
N.F.P.A. 72- 2013. ' National Fire Alarm and Signaling Code;
N.F.P.A. 720 -2012 Standard on Installation of Carbon Monoxide Warning
Equipment in Dwelling Units;
N.F.P.A. 750- 2010 Standard on Water Mist Fire Protection System;
N.F.P.A. 2001 -2012 Clean agent fire extinguishing systems
105. Appendix A, Board of Appeals, is adopted and revised to read: "A101.1 Scope. A board of
appeals shall be established within the jurisdiction for the purpose of hearing applications for
modification of the requirements of the International Fire Code. The procedure for the board of
appeals is established in Seward City Code, Chapter 9.15, Article 1, Section 9.15.112." The
remainder of Appendix A is deleted.
106. ( - -) Appendix of the IFC is revised by adding APPENDIX K as follows:
"APPENDIX K FIRE STATUS REPORTING"
K101, (Scope) All fire service companies providing services in the State of Alaska shall provide
a legible copy of all fire system service reports to the closest Fire and Life Safety Office as adopted
and amended to the 2012 IFC as listed below.
Exception: Industrial occupancies with a fire system preventive maintenance program
approved by the Division of Fire and Life Safety.
See below for contact information.
K102, (Status 1) Systems out of service or Major Deficiencies: The fire service company shall
immediately contact the closest State Fire Marshal Office, if the system cannot be returned to
service. On a weekend or after hours, contact the closest State Fire Marshal Office on the first
business day. Written notification shall be faxed to the closest State Fire Marshal Office within 24
hours. Notification may be made by email.
CITY OF SEWARD, ALASKA
ORDINANCE 2013 -006
Page 18 of 20
K102.1, Corrective Action time: Status 1 reports shall be repaired immediately.
K102.1.1, For example but not limited to:
K102.1.1.1, Fire Sprinkler or Water Based Systems:
1. Non - working flow /pressure switches.
2. Damage to fire department connections.
3. No water to system.
4. Frozen or otherwise damaged system.
K102.1.1.2, Fire Pumps:
1. Non - working fire pumps.
2. Fire pump controls not working or malfunctioning.
K102.1.1.3, Fire Alarm Systems (detection and alarm):
1. Non - working fire alarm panel.
2. Malfunctioning fire alarm panel.
3. Audio and visual devices not working entire loop.
4. Detection not working entire detection loop.
5. Loss of programming.
K102.1.1.4, Kitchen Hood Fire Systems:
1. System cylinder is not charged or leaking.
2. Appliance not properly covered due to rearrangement of appliances.
3. Plugged discharge nozzles.
4. Automatic detection not functional.
5. Gas or electric not shutting down.
K102.1.1.5, Clean Agent or Special Hazard System:
1. System cylinder is not charged or leaking.
2. Releasing panel not functional.
K103, (Status 2) Systems that have critical deficiency reports shall be provided to the closest
Fire and Life Safety Office within 14 days.
K103.1, Corrective action Time: Status 2 systems shall be repaired within 14 days.
K103.1.1, For example (but not limited to):
K103.1.1.1, Fire Sprinkler or Water Based System:
1. Five or more painted sprinkler heads in a concentrated area or more than 10 in a facility.
2. Change of use that will affect the performance of the sprinkler system.
3. Low water pressure.
4. Any other major problem that will affect the performance.
CITY OF SEWARD, ALASKA
ORDINANCE 2013 -006
Page 19 of 20
5. No monitoring on required systems.
K103.1.1.2, Fire Pumps:
1. Low fuel
2. Pump packing leaking beyond specifications.
3. Fire pump room below 40 degrees.
4. Fire pump not meeting its rated discharge pressure or GPM flow over a 10 percent
difference.
5. Any other major problem that will affect the performance.
K103.1.1.3, Fire Alarm Systems (detection and alarm):
1. Batteries overdue ;for replacement.
2. No monitoring on required system.
3. Audio and visual devices not working -up to three devices, over three devices status 1.
4. Detection not working -up to three devices, over three devices status 1.
5. Any other major problem that will affect the performance.
K103.1.1.4, Kitchen Hood Fire Systems:
1. Hood and ducts with heavy grease buildup.
2. Any other major problems that will affect the performance.
K104, (Status 3) Minor deficiency reports shall be provided to the closest State Fire Marshal's
Office within 30 days. These deficiencies will not affect the performance of the system.
K104.1, Corrective Action Time: Status 3 systems shall be repaired within 30 days.
K105, (Status 4) System with no deficiencies shall be reported to the closest State Fire Marshal
Office within 30 days.
K105.1 System service reports shall have the following information on them:
1. inspection company name shall be printed on all reports with address and phone number;
2. inspector's first and last name shall be printed with State of Alaska fire systems permit
number;
3. inspector's telephone number: office and cell telephone numbers, if available.
4. deficiencies shall be typed or written and shall be printed text. No cursive or longhand
handwriting is acceptable. Reports shall be written with a minimum line spacing of a 3/8 inch per
line.
5. all reports shall have building name, occupancy inspected, and address clearly identified
on the first page, and all subsequent pages shall have the building name and date of inspection on the
top of the page;
6, all reports shall have the building contact person's name with telephone number on the
front page;
7. only white and yellow copies will be accepted by the state division of fire and life safety
for reports submitted;
CITY OF SEWARD, ALASKA
ORDINANCE 2013 -006
Page 20 of 20
8. deficiency write ups must include the code citation that is in violation and a description of
the problem.
Items having minor deficiencies shall be mailed within 30 days to:
State Division of Fire and Life Safety
5700 E. Tudor Road, Anchorage AK 99507; Phone 907 - 269 -5637, Fax 907 - 269 -5018
1979 Peger Road, Fairbanks AK 99709; Phone 907 - 451 -5200, Fax 907 - 451 -5218
2760 Sherwood Lane, Ste.2 -B, Juneau, AK 99801; Phone 907 - 465 -4331 Fax 907 - 465 -5521
Systems out of service and those with major deficiencies shall have a report faxed to the closest state
division of fire and life safety office and mailed immediately within one day to the address listed in
this appendix.
(Eff. 1/14/81, Register 77; am 8/2/86, Register 99; am 10/28/90, Register 116; am 6/10/93, Register
126; am 8/31/96, Register 139; am 3/27/99, Register 149; am 9/15/2001, Register 159; am
8/27/2004, Register 171; am 9/12/2007, Register 183; am / / , Register )
Authority: AS 18.70.080
(c) The City of Seward shall possess three copies of the city designated edition of the International
Fire Code for public use, inspection, and examination.
Section 3. This ordinance shall take effect 10 days following its enactment.
ENACTED by the City Council of the City of Seward, Alaska, this 22" day of April, 2013.
THE CITY OF SEWARD, ALASKA
David Seaward, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Johanna Kinney, CMC
City Clerk
(City Seal)
C1
Council Agenda Statement
c jo f s tns
Meeting Date: April 28, 2013 ;1 9r 0
Through: City Manager Jim Hunt
Fire Chief David Squires Nit
From: Deputy Fire Chief Eddie Athey
Agenda Item: Adoption of the 2012 International Fire Code
BACKGROUND & JUSTIFICATION:
As of November 16, 2012, the State of Alaska has adopted the 2009 edition of the International Fire
Code (IFC). To be consistent and thereby maintain our deferral agreement with the State, the City of
Seward should also adopt the 2009 IFC. The State is currently reviewing the 2012 IFC for a proposed
adoption in the spring of 2014. Not wanting to go through this process again in less than 12 months,
we are proposing to adopt the 2012 IFC now. We have listed the proposed revisions made by the
State and have also included the suggested local revisions for consideration. The items marked with
an asterisk are revisions made by the State and are items that Council cannot change. In general,
there are no significant changes from the state adopted 2009 IFC to the proposed 2012 IFC.
However, please note that the City of Seward has adopted more permits, three additional NFPA
Standards and is restricting the sale and use of fireworks.
INTENT: To adopt a current fire code consistent with State of Alaska requirements and local needs.
CONSISTENCY CHECKLIST: Yes No N/A
1 Comprehensive Plan 2020 Vol-] Section 3.8.1.4 pg28, Section 3.3.1.1 X
pg22, Section 3.2.1.1 pg20.
2. Strategic Plan (document source here): X
3. Other (list):
FISCAL NOTE: There is no fiscal impact the City's annual budget.
Approved by Finance Department: ��` ,2
ATTORNEY REVIEW: Yes X No
RECOMMENDATION: Approve Ordinance 2013 - CO amending the Seward City Code
Section 9.15.111 2006 International Fire Code — Adopted to 2012 International Fire Code - Adopted,
including all amendments /revisions.
Ned
Sponsored by: Planning and Zoning Commission
CITY OF SEWARD, ALASKA
RESOLUTION 2013 -021
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA ADOPTING THE PLANNING AND ZONING COMMISSION
PRIORITIES FROM APRIL 2013 TO APRIL 2014
WHEREAS, at the January 15, 2013 Planning and Zoning work session the Commission
reviewed and updated their Priorities List; and
WHEREAS, the Seward City Council Rules of Procedure, adopted March 14, 1994, state
that the Council should meet in an annual joint work session with the Commission to address
areas of mutual concern; and
WHEREAS, the Commission and City Council held a joint work session, reviewed and
updated the Planning and Zoning Priorities List on February 11, 2013; and
WHEREAS, at the March 5, 2013 meeting the Planning and Zoning Commission
*raw approved P & Z Resolution 2013 -05 recommending Council adoption of the 2013 Planning and
Zoning Priority List.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA that:
Section 1. The following 2013 List of Priorities is hereby adopted:
Priorities
Short and Medium Term
1) Municipal Lands Management Plan (1995) — Update in conjunction with the Capital
Improvement Plan and the City Land Disposal Policies and Procedures
2) Continue to pursue compliance with the Seward City Zoning Code by prioritizing the
outstanding health and safety issues, such as snow removal, illegal camping, junk
vehicles, etc.
Continuing
1) Work with City Council to continue recruitment efforts for the Planning and Zoning
Commission
CITY OF SEWARD, ALASKA
RESOLUTION 2013 -021
2) Annually review the City of Seward Comprehensive Plan
3) Encourage the City Manager to request an update of the Parks & Recreation Master Plan
4) Seek additional funding for Planning & Zoning Commissioner training
• Search out and add funding to the budget
5) Nash Road Bench Study (Resource Management Development Impact Study) as funding
allows
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of Seward, Alaska this 8 day of April, 2013.
THE CITY OF SEWARD, ALASKA
David Seward, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
VACANT:
ATTEST:
Johanna Kinney, CMC
City Clerk
(City Seal)
Council Agenda Statement
Slaw Meeting Date: April 8, 2013 F sF
c. o
e
To: City Council co o
Through: Ron Long, Assistant City Manager • 4
Donna Glenz, Planner rfi
q1.as1PP
From: Dwayne Atwood, Planning Technician ger
Agenda Item: Resolution Adopting the Planning and Zoning
Commission Priorities from April 2013 to April
2014.
BACKGROUND & JUSTIFICATION:
Annually, the Planning and Zoning Commission establishes their priorities. The Commission began
this year's process by reviewing their Priority List at their January 15, 2013 work session in
preparation for their joint work session with Council scheduled for February 11, 2013. During the
joint work session, the Commission and Council reviewed and updated the Planning and Zoning
Priorities List.
At their March 5, 2013 meeting the Planning and Zoning Commission approved Resolution 2013 -05
recommending Council adoption of the Commission's April 2013 to April 2014 Priority List.
CONSISTENCY CHECKLIST: Yes No N/A
Comprehensive Plan: Most of the priorities which the Commission
„.
1. wishes to work on are an outgrowth of goals and objectives X
established in the Comprehensive Plan.
2 Strategic Plan: The Strategic Plan also identifies many of the
priorities addressed by the Commission. X
Planning and Zoning Rules of Procedure: Rule 34 (c.) "The
3 • Commission shall meet in a joint work session with the City Council X
in March of each year to discuss areas of mutual interest.”
FISCAL NOTE:
The City will have no costs associated with the approval of the Planning and Zoning Priorities List.
Approved by Finance Department:
INTENT: Adopt the April 2013 through April 2014 Planning and Zoning Priorities List.
ATTORNEY REVIEW: No
RECOMMENDATION:
Approve Resolution 2013- 024, Adopting the Planning and Zoning Commission Priorities from
Slow, April 2013 to April 2014.
•
Nuird
Sponsored by: Planning and Zoning Commission
CITY OF SEWARD, ALASKA
PLANNING AND ZONING COMMISSION
RESOLUTION 2013 -05
A RESOLUTION OF THE SEWARD PLANNING AND ZONING
COMMISSION OF THE CITY OF SEWARD, ALASKA,
RECOMMENDING CITY COUNCIL APPROVAL OF THE PLANNING
AND ZONING COMMISSION PRIORITIES FROM APRIL 2013 TO
APRIL 2014
WHEREAS, at the January 15, 2013 work session the Planning and Zoning Commission
reviewed their Priorities List; and
WHEREAS, the Seward City Council Rules of Procedure, adopted March 14, 1994, state
that the Council should meet in an annual joint work session with the Commission to address
areas of mutual concern; and
WHEREAS, the Commission and Council held a joint work session, reviewed and
updated the P lanning and Zoning 2012 Priorities List on February 11, 2013; and
WHEREAS, at the March 5, 2013 meeting the Planning and Zoning Commission
reviewed and approved the Planning and Zoning Priority List; and
WHEREAS, Council will address a resolution adopting these recommendations.
NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning
Commission that:
Section 1. The following List of Planning and Zoning Priorities is hereby approved and
recommended to Council for their adoption:
P riorities
Short and Medium Term
1) Municipal Lands Management Plan (1995) — Update in conjunction with the Capital
Improvement Plan and the City Land Disposal Policies and Procedures
2) Continue to pursue compliance with the Seward City Zoning Code by prioritizing the
outstanding health and safety issues, such as snow removal, illegal camping, junk
vehicles, etc.
Seward Planning and Zoning Commission
Resolution. 2013 -05
Page2of2
ilior
Continuing
1) Work with City Council to continue recruitment efforts for the Planning and Zoning
Commission
2) Annually review the City of Seward Comprehensive Plan
3) Encourage the City Manager to request an update of the Parks & Recreation Master Plan
4) Seek additional funding for Planning & Zoning Commissioner training
• Search out and add funding to the budget
5) Nash Road Bench Study (Resource Management Development Impact Study) as funding
allows
Section 2. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the Seward Planning and Zoning Commission this 5th
day of March, 2013.
THE CITY OF SEWARD, ALASKA
.. j i- . _,,_o
Sandie Roach', Chair
AYES: Ecklund McClure Fleming, Butts, Roach'
NOES: None
ABSENT: None
ABSTAIN: None
VACANT: Two
ATTEST:
r g ' Lr m.ry 4 _7
o larf is Kiuui'- ,
ity C e (City Seal)
1 a �. F :. '
n e C: ,-,-, r �;
p 0 '•.- q ,•.... a 1 -
'd
f F•, iy'
_ b6 �° ��:�.., R
Y oy _
City of Seward, Alaska Planning Commission Minutes
March 5, 2013 Volume 7, Page 12
New Business —
Resolution 2013 -05 of the Planning and Zoning Commission of the City of
Seward, Alaska, recommending City Council Approval of the Planning and
Zoning Commission Priorities from April 2013 to April 2014
Glenn noted the history of the work sessions that Commissioners held to establish the
priorities for the coming year.
Motion (EcklundButts) Approve Resolution 2013-05
Ecklund asked Glenz for direction regarding the ability to mandate action on the part of
City staff as it related to Item 3 on the Continuing priorities. The priority read, "Encourage
the City Manager to request an update of the Parks & Recreation Master Plan."
Glenz said the best course of action was to keep the priority list language as it was. Glenz
said she would express the Commission's concerns to Administration.
Ecklund asked if the Nash Road Bench Study was to be removed from the priorities for the
coming year.
Commissioners explained that the Bench Study was moved to the bottom of the list and
would be undertaken as funding allowed.
Ecklund asked if the priority of pursing City Code compliance had any time limit.
Roach' said the priority would be ongoing.
Motion Passed Unanimous
Nad
1L
Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2013 -022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, APPROVING A MANAGEMENT AND OPERATING
AGREEMENT BETWEEN THE CITY OF SEWARD AND PROVIDENCE
HEALTH & SERVICES — WASHINGTON, DB /A PROVIDENCE
HEALTH & SERVICES ALASKA
WHEREAS, the City owns real property consisting of land, a hospital building and
Seward Mountain Haven, a long -term care facility, together with other improvements thereon
(collectively, "PSMCC "); and
WHEREAS, Providence Health and Services, Alaska ( "Providence ") leased the hospital
property and operated a hospital thereon from June 28, 1996 to April 10, 2003 pursuant to a lease
and operating agreement with the City; and
WHEREAS, the City and Providence eliminated the lease agreement and entered into a
management and operating agreement ( "Agreement ") in April, 2003, when Providence began
operating the collocated hospital and long -term care ( "LTC ") facilities on the City's behalf; and
�•► WHEREAS, the Agreement between the City and Providence has been extended
approximately every five years, with said Agreement currently set to expire on April 8, 2013; and
WHEREAS, the City and Providence desire to enter into a new five -year contract
whereby Providence will continue to operate PSMCC as a collocated hospital and long -term care
facility; and
WHEREAS, the parties, through the Agreement, desire to continue to provide safe,
timely, efficient, effective, and quality healthcare services to the residents of Seward and the
surrounding area, and to maintain certification of Seward Mountain Haven as a Green House -
certified long -term care facility, empowering elders by restoring the choices of daily living
through a transformational model of care; and
WHEREAS, the City Council has previously designated $500,000 of General Fund
balance for the purpose of covering shortfalls and the Agreement continues to require $500,000
be available to cover potential cash flow shortfalls; and
WHEREAS, the Agreement continues to provide a cap on the combined indirect costs,
allocated costs, and management fee, which is intended to approximate the cost of acquiring
these services on the open market, with annual cost escalations equal to the Anchorage Consumer
Price Index, and the Agreement allows for a renegotiation of the cap if the City and co- applicant
Sklar-
CITY OF SEWARD, ALASKA
RESOLUTION 2013 -022
Seward Community Health Center receive Section 300 funding as a Federally Qualified Health
Center and begin operating the clinic as a Community Health Center.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA, that:
Section 1. The City Council hereby authorizes the city manager to execute and deliver
the Management and Operating Agreement between the City of Seward, Alaska and Providence
Health & Services — Washington, dba Providence Health & Services Alaska, as presented at this
meeting.
Section 2. The Seward City Council hereby finds and determines that the public interest
is best served by not requiring competitive bids or proposals for operation and management of
the hospital and long -term care facilities in Seward, and awards a contract to Providence Health
& Services Alaska based on the following findings:
a) Providence has a solid reputation for providing quality healthcare in communities
throughout the state of Alaska;
b) Providence has demonstrated a commitment to the community of Seward as
evidenced by their willingness to collocate the long -term care facility and the hospital
at the City's request;
c) Providence has worked hard to address challenges associated with implementing
Alaska's first Green House model of long -term care, and continues to maintain
Seward Mountain Haven's designation as an official Green House;
d) Providence Health & Services Alaska absorbed significant legal costs and efforts on
behalf of the communities of Seward and Valdez in a recent dispute of inadequate
reimbursement rates established by the State of Alaska;
e) Providence has supported City efforts to form a Community Health Center aimed at
expanding access to more affordable primary health care in Seward; and
f) Providence has provided quality healthcare services to the residents of Seward and the
surrounding area, for seventeen years, as Seward's primary provider of emergency
room, hospital, clinic, and long -term health care services (since 2003).
Section 3. This resolution shall take effect 30 days following its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 8
day of April, 2013.
0
CITY OF SEWARD, ALASKA
RESOLUTION 2013 -022
THE CITY OF SEWARD, ALASKA
David Seaward, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
krr
Johanna Kinney
City Clerk, CMC
(City Seal)
Council Agenda Statement 0 0
Meeting Date: April 8, 2013 b„ N2lall
Through: James Hunt, City Manager
From: Kristin Erchinger, Finance Director
Agenda Item: Contract for Healthcare Services
BACKGROUND & JUSTIFICATION
Providence Health and Services, Alaska ( "Providence ") leased the Providence Seward Medical Center ( "PSMC ")
property and operated a hospital thereon from June 28, 1996 to April 10, 2003 pursuant to a lease and operating
agreement with the City. Under the lease arrangement, Providence was financially responsible for the operations of the
hospital, meaning that any financial losses were covered by Providence. During the period Providence operated the
facility under a lease arrangement, Providence lost approximately $1 million per year.
Beginning in April, 2003, the nature of the City's agreement with Providence was changed from a lease and operating
agreement, to a management and operating agreement. Under this new model, the City became financially responsible
for the operations of the hospital. The City agreed to this model —at the urging of the State of Alaska -- only after
collocating the hospital and the long -term care facility. Through collocation, the two facilities merged under a single
owner (the City), and a single operator (Providence), achieving significant cost efficiencies in the areas of
administration, nursing, laundry, dietary, facilities maintenance, etc. After collocation, Providence Seward Medical &
Care Center ( "PSMCC ") operated in a positive cash position from 2003 until 2007. Short-term losses after 2007 were
predicted in the pro forma financial projections for the collocated facility as a result of the rebasing of rates which was
expected to provide lower reimbursement rates (and corresponding annual deficits), until the opening of Seward
Mountain Haven. Once the new facility was opened, rates would be rebased (in 2009) and were expected to bring the
facility back into a positive cash position.
Unfortunately, as argued in a recent rate dispute with the State of Alaska, the rebased rates were much lower than
anticipated based on the State's application of a "lower of cost or charges" regulation, which penalized PSMCC for
failing to increase charges to patients early in 2009, before patients at Wesley were moved to the new Seward
Mountain Haven facility. Combined with the State's refusal to allow a correction of charge data on an MR -0 -14 Form,
the reimbursement reduction from the State amounted to approximately $1.5 million per year over the four -year
rebased period, against the facility's bottom line. This has extended the annual financial deficits longer than was
originally predicted in the financial pro forma projections, although it could be argued that no one could have foreseen
the State's unreasonable position in the rate dispute, especially given that the State was a strong partner with the City
and Providence, in creating collocation of the hospital and long -term care facility in the first place. The City Council's
recent agreement to settle the rate dispute will recover approximately one -half of the reduction in reimbursement rates
($750,000 per year for each of the four years beginning 2011 through 2014) and, when combined with the increase in
census at Seward Mountain Haven, is expected to enable the facility to regain its financial footing. Ultimately, census
at the long -term care facility will be a key factor in ensuring future positive financial performance at PSMCC.
The current management and operating agreement ( "Agreement ") between the City and Providence is set to expire
April 8, 2013. At a City Council work session on January 14, 2013, the Council discussed whether to competitively
bid out operations of the hospital and long -term care facility or whether to begin negotiations with Providence on a new
contract. After considering a number of factors, including Providence's successful history of providing healthcare
services in Seward, their strong advocacy on behalf of the communities of Seward and Valdez in the rate dispute with
the State, their ability to overcome challenges associated with maintaining certification as an official Green House at
Seward Mountain Haven - among other things - the City Council directed administration to negotiate a new contract
with Providence.
U0
RESOLUTION 2013 -
PAGE TWO
The new Agreement reflects the following changes: 1) Housekeeping measures eliminate reference to the former
Wesley long -term care facility site and operations, and reflect the completion of Seward Mountain Haven; 2)
Demonstrates support for the City's efforts to pursue status as a Section 330 Federally Qualified Health Center; 3)
Provides for a five -year term; 4) Addresses potential unintended consequences of Providence's centralization of
services, in the event those changes adversely impact the cost or efficiency of services; 5) Inserts added flexibility for
the purchase of capital items; 6) Emphasizes the need to operate Seward Mountain Haven at full capacity; 7) Increases
the threshold to $50,000 (from $25,000) at which Providence must notify the City of changes to the budget; 8)
Maintains the cap on combined indirect costs, allocated costs, and management fee ( "Annual Fixed Periodic Fee" or
"AFPF ") and is initially set at $900,000 per year; and 9) Maintains that Providence will make its best efforts to operate
Seward Mountain Haven at full capacity and to continue to maintain qualified as an official Green House Project.
The amount of the Annual Fixed Periodic Fee is intended to approximate the cost of acquiring the same services on the
open market, and is consistent with the amount that was in place during the last contract period. The AFPF covers
costs such as employee benefits including retirement, health insurance, workers' compensation, unemployment
compensation; general liability, property, medical malpractice insurance; marketing; finance, including billing and
collections, accounts payable and payroll, financial reporting, audit, cost reports, etc.; electronic medical records; MIS;
general administration; and any management fee. Since the AFPF is capped at less than the total costs that would
otherwise be paid to Providence for these services, it could be argued that Providence receives no fee for managing
PSMC. The cap will escalate January 1 s` of each year beginning in 2015.
The Agreement does provide for a renegotiation of the Annual Fixed Period Fee in the event the City and Seward
Community Health Center obtain grant funding and start a new community health center.
101 11o✓ INTENT:
The intent of this action is to authorize a five -year contract for the operation of Seward's hospital and long -tern care
facility.
CONSISTENCY CHECKLIST: Yes No N/A
Comprehensive Plan (document source here). p. 13, 27, 56 X
Strategic Plan (document source here): p. 20 X
Other (list):
ATTORNEY REVIEW: X Yes No
FISCAL NOTE:
There is no major anticipated change in the financial status of PSMCC resulting from this contract, as compared to the
previous contract.
Finance Department: M� /�
RECOMMENDATION: Seward City Council approve Resolution 2013- — authorizing a five -year contract with
Providence Health & Services, to provide co- located hospital and long -term care services.
sond
MANAGEMENT AND OPERATING AGREEMENT
THIS MANAGEMENT AND OPERATING AGREEMENT ( "Agreement ") is made and entered
into by and between THE CITY OF SEWARD, a municipal corporation (the "City") and
PROVIDENCE HEALTH & SERVICES WASHINGTON d /b /a PROVIDENCE HEALTH & SERVICES ALASKA,
a Washington non - profit corporation authorized to do business in Alaska ( "Providence ").
RECITALS
WHEREAS, the City owns certain real property consisting of land, a hospital, and a nursing
home facility, Seward Mountain Haven ( "SMH "), together with other improvements thereon,
(collectively, the Providence Seward Medical and Care Center, "PSMCC "); and
WHEREAS, Providence has administered hospital operations in Seward since June 28,
1996 and long -term care operations since April 28, 2002; and
WHEREAS, the City desires to continue quality, affordable health care for its residents;
and
WHEREAS, the City desires a single delivery system for acute care and long term care
services; and
WHEREAS, the City desires cost effective health care services with emphasis on reducing
duplication and inefficiencies in the delivery system; and
WHEREAS, the City desires to engage a company with sufficient healthcare knowledge
and expertise, and Providence has successfully operated the co- located hospital and Tong -term
care facilities on behalf of the City since 2002; and
WHEREAS, Providence owns and operates a number of health care facilities that are
operated in keeping with its philosophy, mission and values.
Page 1 of 31
NOW, THEREFORE, the City and Providence agree as follows:
1. Operations.
(a) Agreement to Operate /Manage. The City hereby contracts with Providence to
be the sole and exclusive operator and manager of PSMCC for the term of this Agreement.
Providence hereby agrees to operate and manage PSMCC on behalf of the City consistent with
the terms of this Agreement and all applicable laws, regulations and ordinances. Providence
assumes all the rights, duties, liabilities and obligations which shall arise out of Providence's
operation of the Providence Seward Medical and Care Center. Notwithstanding anything to
the contrary, both parties understand and agree that any and all services provided by
Providence during the term of this Agreement shall be provided solely for the benefit of the City.
During the term of this Agreement and subject to the other provisions of this Agreement,
401 lirr Providence shall operate PSMCC, and may perform or arrange for the provision of the following:
1. Ensure timely deposits into the Accounts (as defined in Section 6) of all
receipts and moneys arising from the operation of PSMCC, and shall make
disbursements from such accounts in such amounts and at such times as the
same are required;
2. Establish all prices, price schedules, rates and rate schedules for PSMCC ;
3. Negotiate, prepare and execute any such other contracts reasonably
necessary or desirable in connection with the operation of PSMCC in the
usual course of business;
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4. Hire or retain any consultants, accountants, attorneys, or other professional
personnel necessary and appropriate to assist Providence in carrying out its
duties and responsibilities in accordance with this Agreement;
5. Operate PSMCC in a manner that is consistent with applicable federal, state
and local anti - discrimination laws, including the provision of services to
persons at PSMCC without regard to race, creed, color, national origin or
financial circumstances;
6. Operate PSMCC in a manner consistent with their Medical Staff Bylaws, as
applicable. The parties hereby specifically agree to allow Providence, while
acting in the name of PSMCC, to enter into certain exclusive contracts for
the practice of primary care physicians, anesthesiologists, radiologists,
pathologists, or other hospital -based specialists for the benefit of PSMCC;
7. Provide physician credentialing services and any and all other services as
reasonably required to facilitate and perform credentialing functions (as
applicable) at PSMCC;
8. Employ or otherwise retain and be responsible for selecting, hiring, training,
supervising, and firing all management, professional, administrative, clerical,
secretarial, bookkeeping, accounting, payroll, billing and collection and
other personnel that are reasonably necessary and appropriate for the
operation of PSMCC;
Page 3 of 31
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9. Take all such actions reasonably necessary to cause PSMCC to continue as
participating providers under the Medicare and Medicaid programs;
10. Prepare, execute and file any required documents with governmental or
accrediting agencies, including without limitation any Medicare cost reports,
provider agreements, and licensing documents;
11. Provide or arrange for the provision of all marketing and public relations
services that are reasonably necessary and appropriate for the operation of
PSMCC. The parties hereby agree that Providence may, during the term of
this Agreement, identify PSMCC as an entity under the 4allaiir management of Providence;
12. Providence may, in its sole discretion defend, assert, settle, or otherwise
dispose of any claims, litigation, judgments, or liabilities in connection with
PSMCC, and will notify the City of same;
13. Provide to the City an annual operating and capital budget for PSMCC;
14. Negotiate, contract for and generally supervise the disposal of all medical
waste and /or garbage refuse;
Page 4 of 31
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15. Conduct medical educational training programs at PSMCC, including training
of interns and residents and other medical /technical personnel, in a manner
consistent with applicable governmental regulations and Providence's
policies;
16. Work cooperatively with the City as it applies for Federal funding to qualify
as a Federally Qualified Health Center under Section 330 of the Public Health
Service Act. Both parties acknowledge that this appears to be in the best
interests of the City;
17. Unless otherwise specifically provided in this Agreement, Providence shall be
responsible for the performance of all other acts reasonably necessary in
connection with the operation of PSMCC in accordance with the approved
annual budget and the terms and conditions of this Agreement.
Notwithstanding anything to the contrary in this Agreement, Providence shall not have
authority to bind the City or PSMCC as to the following matters or to perform any of the following
on behalf of the City or PSMCC without first obtaining approval from the City: (i) any sale, lease,
exchange, mortgage, pledge, or other transfer or disposition of all or substantially all the assets
of any of PSMCC other than in the ordinary course of business; (ii) any fundamental change in
the nature of PSMCC's businesses; (iii) any merger, consolidation or affiliation of any of PSMCC
with another entity; and (iv) any material change with respect to the insurance coverage
obtained or provided through Providence, unless such change is beyond Providence's
reasonable control.
Page 5 of 31
Sirre
(b) General Control of PSMCC. Although the City has contracted day -to -day
operations and management of PSMCC to Providence during the term of this Agreement, the
City shall continue to own and have financial responsibility for PSMCC. The City shall also have
control over the facility other than day -to -day operations. The City represents that, as of the
Effective Date, it has a license as owner of PSMCC, and has listed Providence on the license as
the manager to operate the PSMCC. Providence agrees that it will take all steps necessary to
maintain and continue the PSMCC and licenses, permits and certifications for the term of this
Agreement, and the parties agree to take all steps necessary to preserve the designation of co-
location at PSMCC, as such designation is outlined in the regulations published by the State of
Alaska Department of Health and Social Services.
(c) Required Notifications: Providence shall notify the City in writing within twenty -four
'4114'' (24) hours of the occurrence of any one or more of the following events:
(1) Any loss of licensure by PSMCC;
(2) At such time as Providence becomes aware of any material governmental
investigation or disciplinary proceeding relating to PSMCC;
(3) At such time as PSMCC becomes debarred, suspended or otherwise ineligible to
participate in any federal or state health care program, including the Medicare and
Medicaid programs;
(4) At such time as Providence becomes aware of any act of nature or any other event
which has a material adverse effect on Providence's ability to operate PSMCC.
(5) At such time as Providence becomes aware of any issue which may have a material
adverse financial impact on the operations of PSMCC.
2. Effective Date and Term. This Agreement shall become effective upon execution
by both parties following adoption of Resolution 2013 -- (the "Resolution ") by the Seward City
Slow Page 6 of 31
Council (the "Effective Date "). The term of this Agreement shall be five (5) years from the
Effective Date unless sooner terminated as provided herein. Any change in the Annual Fixed
Periodic Fee ( "AFPF ") above the CPI increase allowed in Section 7, is subject to approval by the
Seward City Council. Providence understands that under the Charter and Code of Ordinances
of the City, the Resolution may be voided by referendum. Providence agrees that if the
Resolution is the subject of a referendum petition filed with the City Clerk, this Agreement shall
be ineffective unless and until the Resolution is approved by the voters of the City, and
Providence shall not be entitled to any damages or other relief against the City in the event the
Resolution is not so approved. In such an event, on the Effective Date, the Prior Agreement shall
terminate.
3. Operating Expenses. In accordance with the operating budget adopted
annually, Providence will incur costs generally associated with the operation of a health care
facility providing acute and long -term care services. Costs associated with the Providence
Alaska Regional Office and Providence System Office are deemed to be recovered in the form
of the Annual Fixed Periodic Fee as described in Section 7, and will not be billed to PSMCC in
addition to the AFPF.
It is the City's expectation that Providence will exercise due care as it centralizes services
keeping in mind that all services are provided solely for the benefit of the City and that services
must be able to disconnect from Providence without undue complication should the relationship
end. Further, in the event that such centralization of services is deemed by the City to have a
significant adverse impact on the operational efficiencies or cost of operations of PSMCC, the
City shall have the right to request PSMCC seek alternative procurement of such affected
services. In the event the City and Providence discontinue their contractual relationship, the
Page 7 of 31
41 ilasr
costs incurred by PSMCC in winding down and closing out its relationship with the City shall be
deemed Operating Expenses.
4. Capital Expenditures. Following completion of the annual capital budget,
Providence may purchase the listed items as cash flow allows. Capital items not anticipated in
the budget with a cost in excess of $10,000 require approval from the City manager or designee
prior to purchase. Capital items are defined as those costing $5,000 or more. All capital
purchases procured in this manner will be the property of the City.
In addition to capital budget items purchased from PSMCC operating funds, the City
may, from time to time, provide additional funding for capital needs at PSMCC. To the extent
that capital budget request ' items were identified by PSMCC on a Capital Budget Plan
submitted to, and accepted by the City, PSMCC may spend City capital funds on those items in
addition to any other item whose individual item cost does not exceed $10,000, without further
City approval. All capital purchases procured in this manner will be the property of the City.
5. Admission Policy. Providence agrees to accept any and all bona fide
emergency patients PSMCC can accommodate. Providence shall treat patients in
accordance with the services and capacity available at PSMCC. Providence agrees it shall not
discriminate in the admission of patients or delivery of outpatient services on the basis of race,
religion, national origin or color. Providence agrees that any patient seeking treatment at
PSMCC, and requiring for medical reasons transport to a larger facility, has the right to select the
health provider(s) and hospital of the patient's preference. Providence agrees to honor such
determinations by patients and will relate such directives to emergency transportation services.
Providence acknowledges the importance to the people of Seward of having a long-
term care facility within the City boundaries and operating at its fullest capacity, and agrees
Page 8 of 31
that except to the extent necessary to meet patient choice, or the particular health or safety
needs of a patient, and only for such time as is necessary to meet such needs, Providence will
not move or cause patients to move to other facilities owned, operated or managed by
Providence. The City has the right to retrospectively review reasons for all such transfers, so long
as such review is in compliance with patient confidentiality laws. The "Green House" model has
been chosen by the people of Seward for the new long term care facility. The "Green House"
represents the latest, state -of- the -art thinking for providing long term care. It is a trade - marked
concept that provides care in 'home -like settings where services are brought to the residents
rather than bringing residents to the services. Providence shall use its best efforts to operate the
long -term care facility at full capacity, and to operate the long -term care facility in accordance
with the provisions of the Green House Project, to ensure the facility's continued qualification as
an official "Green House" (see Exhibit A - The "Green House" Specifications).
Providence further acknowledges the importance to the people of Seward of being able
to receive care and treatment in a local hospital, rather than to be transported out of town, and
agrees that except to the extent necessary to meet patient choice, or the particular health or
safety needs of a patient, Providence will not move or cause patients to move to other facilities.
The City has the right to retrospectively review reasons for all such transfers, so long as such
review is in compliance with patient confidentiality laws.
6. Disposition of Funds, Reporting and Administration.
(a) Funds originating from the operation of PSMCC and collected by Providence
pursuant to this Agreement shall be received, handled, managed and disposed of as follows:
(i) Providence shall deposit all funds received by it from the operation of
PSMCC and all amounts advanced by the City in a jointly held bank account or
Page 9 of 31
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accounts bearing the name of PSMCC(hereinafter the "Accounts ") in a bank or trust
company approved by the City and Providence. Such funds shall in no event be
commingled with other City or Providence funds. Providence shall have no liability or
responsibility for any loss resulting from the insolvency, malfeasance or nonfeasance of
the bank or banks in which such funds are deposited.
(ii) Providence has the right to make withdrawals from and use the Accounts
for the purposes of operating PSMCC and performing their obligations hereunder and
paying Providence's compensation herein until the expiration or termination of this
Agreement, at which time Providence shall resign as co- signatory for the Accounts.
(iii) Signatories and approvals as to the amounts on all checks drawn from the
Accounts shall be in accordance with the policies and procedures mutually agreed to
by Providence and the City.
(b) Providence will perform all billing and collection activities for PSMCC accounts
receivables, will process accounts payable, and will provide such other administrative,
accounting and clerical services as are necessary. All revenues and cash collections including
those from patients, third -party payors and other sources billed and collected by Providence,
and arising out of or related to services rendered during the term of this Agreement, and all
grants or portions thereof attributed to PSMCC arising out of or related to PSMCC during the
term of this Agreement, shall be used first to pay debt service on Seward Mountain Haven bonds
issued by the City, then to offset Operating Expenses of PSMCC incurred on or after the Effective
Date. Providence shall aggressively collect all amounts billed for services provided at PSMCC.
The excess, if any, of such revenues over such expenses shall accrue to the City's account, and
be applied in the City's sole discretion, to pay debt service on the City's existing general
Page 10 of 31
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obligation and /or revenue bonds related to the PSMCC, the costs of repairs, renewals,
improvements or additions to PSMCC, or to cover past, present or future operating losses.
(c) Providence shall provide the City with audited year -end financial statements for
the PSMCC as a co- located entity within 120 days after the end of each year. Within 60 days
after the end of the fiscal year, Providence shall prepare and deliver to the City an operational
report that shall provide information on services provided, new programs and services that have
been initiated, programs and services that have been terminated or relocated to other facilities,
statistics on patients treated, and other information of interest to the City and the community.
Upon request by the City, Providence will make a representative available to make
presentations to Seward City Council and community groups concerning the annual report. The
information to be shared under this paragraph shall not include protected health information
covered by the Health Insurance Portability and Accountability Act of 1996 and regulations
adopted thereunder ( "HIPAA ").
(d) Providence shall maintain all financial, medical and hospital records, including
admitting register books, schedules of room rentals, patients' insurance records, pertinent
hospital personnel records and such other books and records as are necessary to the continued
operation of PSMCC. Original copies of medical and hospital records shall be maintained and
stored at PSMCC or at another facility acceptable to Providence.
(e) Providence will use reasonable efforts to operate PSMCC consistent with the
annual budget. Under the terms of this Agreement, the City shall have the right to review and
approve Providence's budget.
Pagel 1 of 31 ,
‘Now
Providence shall provide the City with monthly updates comparing PSMCC's actual
financial performance to the approved budget during the course of each year to ensure that
the City is fully aware of the financial performance of PSMCC on a monthly basis.
The parties acknowledge that the budget is only a projection for the upcoming year,
and changed circumstances may require budgetary modifications. Providence will notify the
City of the following modifications to the budget: (i) any non - routine and non - budgeted
expenditure (including capital expenditures) within Providence's control which exceeds $50,000,
or contract in an amount great6r than $50,000 annually; (11) instigation of any litigation on behalf
of PSMCC against a third party where the amount in controversy exceeds $50,000; and (iii)
settlement of any litigation on behalf of PSMCC where the amount in controversy exceeds
$50,000 or the proposed settlement involves payment by PSMCC of an amount in excess of
% k $50,000.
Providence will provide the City with monthly financial reports, including current
revenues, expenses, and statements of cash flow, prepared in accordance with generally
accepted accounting principles. The monthly reports shall include comparisons to budgeted
amounts and prior year historical comparisons. The City shall have access to all financial
information related to PSMCC.
7. Annual Fixed Periodic Fee .
Until January 1, 2014, the Annual Fixed Period Fee ( "AFPF ") will continue to be computed
under the provisions of the previous Agreement. For each full calendar year beginning January
1, 2014, the City shall pay Providence an Annual Fixed Periodic Fee ( "AFPF ") equal to $900,000 ,
payable by the City quarterly, in arrears. This fee will replace any allocated costs and /or
err, Page 12 of 31
seed
management fee computed under the provisions of the previous agreement, and is intended to
approximate the worth of purchasing the same or similar services on the open market. Partial
years shall be pro- rated. Beginning January 1, 2015 and each January 1st thereafter, the AFPF
will be adjusted based on the Consumer Price Index for the second preceding twelve -month
period ended December 31(Anchorage, Alaska, All Urban Consumers - Not Seasonally
Adjusted, Base:1982- 1984.) (For example, January 1st 2015 will be adjusted based on the CPI for
the full year ended December 31, 2013). Both parties understand and agree that the City has
other financial obligations to Providence pursuant to the terms of this Agreement. The Annual
Fixed Periodic Fee will be renegotiated in the event the City receives qualification as a Federally
Qualified Health Center, in order to carve out costs associated with the clinic operations at
PSMCC..
8. Employment.
(a) All personnel of PSMCC during the term of this Agreement shall be employees of
Providence. Providence shall adopt its own employment policies and procedures. Providence
agrees to select and hire an individual to serve as the Administrator of PSMCC (the
"Administrator "). Regarding the selection of an Administrator, the City shall have the right to
participate in the interview process, and to review the selected candidate prior to final job
offer. The Administrator shall be Providence's primary representative with respect to
communications to the City. All costs of Providence's employees at PSMCC are deemed to be
Operating Expenses.
(b) Termination of Employees. Upon the earlier of termination or expiration of this
Agreement, Providence shall terminate the employment of all employees identified by
Providence as primarily utilized at PSMCC under this Agreement.
Page 13 of 31
(c) The City shall defend, indemnify, and hold Providence harmless from, all other
claims or liability for employee benefits earned or employee claims made relating to
employment with Wesley prior to April 28, 2002.
9. Medicare and Medicaid Reimbursement.
From and after the Effective Date, Providence shall maintain Medicare and
Medicaid certification and shall prepare all Medicare /Medicaid cost reports in a timely manner
and shall provide all draft cost reports to the City for review and comment no less than 30 days
prior to the date of submission, understanding that Providence may not be able to include the
"Home Office" cost report at that time. Alternatively, the parties may agree to have the City
hire an independent consultant to prepare the cost report. All expenses incurred within this
Section are considered Operating Expenses and shall be paid as costs from Providence. The
Slow City may, as Operating Expenses, have the cost reports prepared and /or analyzed by a
financial consultant.
10. Equipment.
(a) Providence shall maintain all equipment at PSMCC, regardless of ownership. The
City will establish a separate account based on capital budget funds approved by the City
Council, to be used for PSMCC capital purchases that will require only approval of both the City
and the facility administrator to access as a way to streamline the capital purchasing process.
(b) The City will retain title to all PSMCC equipment owned by the City. Providence
may purchase replacement or additional equipment to be used in the maintenance or
Page 14 of 31
improvement of Providence's operations of PSMCC. Such additional equipment shall be the
City's property, and shall be tagged and recorded in the financial records, as such.
11. Working Capital and Cash Flow
(a) Providence will pay Operating Expenses as they become due, using funds
from the Accounts and provide the City with information satisfactory to the City supporting such
transfer of funds from City to Providence. Providence will assure that all Operating Expenses are
paid consistent with the various terms and conditions of vendors, as well as the operating
budget and applicable regulations governing employee pay practices. In the event insufficient
funds are available to pay Operating Expenses, Providence will notify the City verbally and in
writing via Email. Providence will then have the sole discretion to require payment as described
in Subsection 11 (b) or Subsection 11 (c). In the event the City fails to transfer funds adequate to
support Operating Expenses in accordance with Section 11(b) or 11(c), and such failure is not
cured within 60 days of the original notice, Providence may terminate this Agreement by
providing the City with 30 days' advance written notice of such termination.
(b) The City shall place a minimum of $500,000 of Emergency Funds into the
City of Seward General Fund account reserved for healthcare operation and capital shortfalls.
Such funds may be used for capital or operating shortfalls only and require the prior written
approval of the City Manager or designee. In the event that shortfalls are expected to be in
excess of $500,000, Providence will notify the City and within sixty (60) days of receiving such
notice, the City will transfer sufficient funds to PSMCC to cover the shortfall.
(c) To the extent that the Accounts do not have sufficient cash available to
reimburse Providence for costs, Providence may, at its sole discretion, charge interest for the
cumulative unpaid portion of the monthly amount due to Providence Alaska Medical Center.
Page 15 of 31
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Interest will be calculated monthly at the Prime Rate + 1% on the average outstanding balance
for the month, where the Prime Rate is defined in the Wall Street Journal Financial Section.
Principal plus unpaid interest must be fully paid by December 31, provided however, that this
date may be extended by Providence only upon its written consent. In the event the City fails to
make such required payments, the City agrees to pay on demand, all costs of collection,
including reasonable legal expenses and attorneys fees, incurred in enforcing this repayment.
12. Supplies. Providence shall, as part of its Operating Expenses, supply and maintain
all expendable supplies as may be required in Providence's discretion for the proper operation
of the PSMCC. Upon termination of this Agreement, Providence will leave behind all of the
supplies in inventory as well as floor stock items maintained at the Property.
13. Condition on Surrender. Upon termination or expiration of this Agreement,
Providence shall surrender the Property to the City in substantially the same condition as exists on
/4 Ir the Effective Date, except for reasonable wear and tear, construction and demolition required
or permitted under the terms of this Agreement, and damage by fire and other risks covered by
the insurance policy in Section 15.
14. Alterations.
Providence shall have the right to make alterations, additions, improvements and
renovations to PSMCC as Operating Expenses, provided: (a) Providence shall notify the City with
respect to any such work requiring any substantial expenditure; (b) such work shall not adversely
affect the structural integrity of PSMCC or diminish the value thereof; (c) any such work shall be
performed in a good and workmanlike manner and in conformance with all applicable building,
fire and health regulations; and (d) the City shall have approved in writing all such work
exceeding $50,000, in advance, in the City's sole discretion.
15. Insurance.
Page 16 of 31
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(a) Providence shall either obtain or continue, occurrence - based, professional
(including medical malpractice) and general liability insurance relating to PSMCC as
Providence, in its sole opinion, deems necessary and sufficient, and maintain such liability
insurance coverage for PSMCC during the term of this Agreement. Such insurance shall provide
coverage for personal injuries, death or property damage to PSMCC in an amount of at least $5
million per occurrence and $10 million annual aggregate; provided, however that Providence's
reasonable allocated cost for providing or continuing such insurance on the City's behalf shall
be deemed an Operating Expense. In addition, Providence shall maintain insurance, in
reasonable amounts, subject to reasonable terms, provisions and customary exclusions, for
professional liability and workers' compensation for all Providence employees who provide
services at PSMCC pursuant to this Agreement. Providence shall also maintain automobile,
crime, directors and officers, property earthquake and fiduciary insurance coverage (as
requested by the City) relating to PSMCC and maintain such insurance coverage for PSMCC
during the term of this Agreement. Any insurance obtained or provided by Providence under
this Section may be provided by insurance or alternative risk programs which may include self -
insurance programs, provided such alternative risk or self- insurance programs are fully funded
(confidence level of 80% or higher) for any reasonably projected liabilities, and contain
customary and reasonable deductible and coinsurance amounts. The City hereby
acknowledges that Providence has informed it of Providence's insurance's deductible /co-
insurance amounts, as evidenced by Exhibit "G ". The Operating Expenses will include the
payment of such deductible /coinsurance amounts. All costs incurred by Providence under the
terms of this Section 15(a) shall be deemed Operating Expenses and paid by City to Providence
pursuant to the terms of this Agreement. The Operating Costs shall include the payment of such
Page 17 of 31
Sow
deductibles /co- insurance in the event of any loss or casualty covered under the insurance
provided by Providence hereunder.
(b) The City hereby acknowledges and agrees that upon the earlier of termination or
expiration of this Agreement, Providence shall no longer provide nor arrange for the provision of
any insurance of any kind whatsoever to PSMCC.
(c) The minimum amounts and types of insurance required under this section shall be
subject to revision in accordance with standard insurance practices, in order to provide
continuously throughout the Term, a level of protection consonant with good business practice
and accepted standards in the industry. Such factors as increases in the cost of living shall be
utilized in assessing whether the minimum insurance requirements should be increased. The City
Saw shall notify Providence of any required changes in insurance coverage.
All insurance policies shall include a waiver of subrogation and shall provide for 30
days' notice to the City of cancellation and /or material change in policy terms. All such policies
shall be written either by insurance companies legally authorized to do business in the State of
Alaska and acceptable to the City, or by self- insurance under the same terms as the policies for
healthcare centers or clinics owned or operated by Providence, and acceptable to the City.
The City shall be named as an additional insured party on each such policy of insurance, and
certificates thereof shall be furnished to the City. Nothing herein shall be construed as a
representation by the City as to the sufficiency of any insurance coverage for any purpose.
16. No Assumption of Liability: Indemnification.
Sore Page 18 of 31
(a) During the term of this Agreement, Providence shall not assume or be liable for
any claim, liability, or obligation of PSMCC, whether known or unknown, fixed or contingent,
accrued or unaccrued, arising from Providence's operation of PSMCC pursuant to this
Agreement, except where such claim, liability or obligation arises from Providence's negligence
or material breach of this Agreement.
(b) During the term of this Agreement, the City shall not assume or be liable for any
claim, liability or obligation arising from its responsibilities and duties under the terms of this
Agreement, whether known or unknown, fixed or contingent, accrued or unaccrued pursuant to
this Agreement, except where such claim, liability or obligation arises from the City's negligence
or material breach of this Agreement.
(c) The parties will defend, indemnify and hold each other harmless from any loss,
claim or damage arising from the negligent acts and omissions of their respective employees,
officers and agents, including negligence connected with performing their obligations under this
Agreement. In the event that loss or damage results from the conduct of more than one party,
each party agrees to be responsible for its own proportionate share of the claimant's total
damages under the laws of the state of Alaska.
(d) The obligations under this Section 16 shall survive any termination or expiration
of this Agreement and shall continue until the expiration of the applicable statute of limitations
(with extensions) relating to the causes of action at issue.
Page 19 of 31
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(e) Providence shall have no obligation for, and the City shall indemnify and hold
Providence harmless from and against, any and all liability with respect to any claims resulting
from the negligence of the City or its agents or employees, or any claims arising out of acts or
omissions which occurred prior to (a) April 28, 2002 with regard to the previous Wesley facility
long term care site or (b) 1996 with regard to the hospital site.
17. Assignment. This Agreement may not be assigned by Providence except in
whole to an affiliate of Providence, as "affiliate" is defined in AS 10.06.990(2). Each and every
provision of this Agreement shall inure to the benefit of and shall be binding upon the successors
in interest of Providence and the City.
18. Early Termination. Either party shall have the option in its sole discretion, to
terminate this Agreement upon twelve (12) months written notice to the other party.
19. Religious and Ethical Directives; Termination. Providence shall not be obligated
to provide any services at PSMCC that are in conflict with the Providence Health System Mission
and Core Values and the Roman Catholic moral tradition as articulated in such documents as
The Ethical and Religious Directives for Catholic Health Care Facilities, as amended from time to
time. Providence shall at all times have the right, power and duty to operate PSMCC in
accordance with, and to make decisions that in Providence's reasonable discretion are
necessary or desirable to comply with such Directives. If at any time during the term, as a result
of changes to Alaska law or regulations, Providence shall be required to operate PSMCC in a
manner that is not consistent with such Directives, then at its option, Providence may terminate
this Agreement upon 60 days advance written notice.
Swipe Page 20 of 31
•
20. Termination for Cause.
(a) Either party may terminate this Agreement in the event of breach of this
Agreement by the other party where such breach is not cured within thirty (30) calendar days
after the non - breaching party gives written notice of the breach to the breaching party.
(b) This Agreement shall automatically terminate in the event either party files a
petition in voluntary bankruptcy, makes an assignment for the benefit of creditors, or takes any
other action voluntarily or involuntarily under any state or federal statute for the protection of its
debtors.
(c) Either party may immediately terminate this Agreement in the event the other
party attempts to limit or otherwise avoid its obligations set forth in Section 16 of this Agreement.
(d) The dissolution or liquidation of Providence, other than as the result of merger or
consolidation under conditions permitting continued full compliance with the terms of this
Agreement, shall be cause for termination by the City.
(e) The cessation by Providence of use of the Property for the purposes
contemplated hereby for a period of thirty (30) consecutive days, except for periods when the
same may be untenantable shall be cause for termination by the City, and no Annual Fixed
Periodic Fee shall be owed following such cessation of use.
Page 21 of 31
21. Winding Up. This Section 21 shall survive termination or expiration of this
Agreement. Upon the termination or expiration of this Agreement, the following procedure shall
be followed after the effective date of expiration or termination ( "termination date"):
(a) Providence shall work cooperatively with the City to facilitate a smooth transition
of the operation /management of PSMCC.
(b) The City shall retain as its property any equipment on the Property as of the
expiration or termination of the Term to the extent that such equipment was acquired with the
PSMCC or City funds. The City may purchase, free and clear of any encumbrances, any
equipment owned by Providence at its then net book value. Notice of the City's exercise of this
option shall be effected by notice given at any time before the expiration date. Slaw shall remove from the Property at its expense, any or all equipment that the City has not elected
to retain under this paragraph.
(c) Providence shall give the City, or such other person identified by the City, all
records required for continued operations of PSMCC.
(d) All licenses and permits incident to operation of the PSMCC will be transferred to
an operator identified by the City, including, but not limited to transfer of permits for and
inventories of alcohol, narcotics and dangerous drugs. Providence will file a final cost report
within 45 days after termination.
Page 22 of 31
Nimid
(e) Upon termination, all accrued revenues and expenses related to the ordinary
course of business shall be the City's. Such expenses shall include any fees owed to Providence
under this Agreement, including an amount equal to the final bi- weekly payroll costs.
22. Notices. Any notice permitted or required hereunder shall be in writing and shall
be deemed given on the date delivered in person, sent by electronic mail or fax, or deposited in
the United States certified or registered mail, postage prepaid, and addressed as follows:
To the City: City of Seward
P.O. Box 167
410 Adams Street
Seward, Alaska 99664 -0167
ATTN: City Manager
Phone: 907.224.4047
Fax No.: 907.224.4038
Email: citvmar @citvofseward.net
To Providence: Providence Health and Services - Washington
d.b.a. Providence Health and Services - Alaska
3200 Providence Drive
P.O. Box 196604
Anchorage, Alaska 99519 -6604
ATTN: Chief Executive, Alaska Service Area
Fax No.:907 -261 -3041
Email: susan. humphrey- barnett @providence.org
Such addresses may be changed by either party by ten (10) days' prior written notice to the
other party.
23. Authority. Each individual executing this Agreement on behalf of Providence or
the City represents and warrants that he or she is duly authorized to execute and deliver this
Agreement on behalf of such party, that all actions by such organization have been taken to
authorize execution, delivery and performance of this Agreement, and that this Agreement is
binding upon such party. The individuals signing on behalf of Providence further warrant and
Page 23 of 31
OLk
represent that they are authorized to act on behalf of Providence in all matters relating to this
Agreement.
24. Representations and Warranties of Providence. As of the Effective Date,
Providence hereby represents and warrants as follows:
(a) Providence is a Washington non - profit corporation in good standing under the
laws of the State of Washington and authorized to do business in Alaska.
(b) Providence has full corporate power and authority to carry on its business as now
conducted and to enter into this Agreement. The execution and delivery of this Agreement has
been authorized by proper corporate action, and this Agreement constitutes a valid and legally
binding obligation of Providence.
.►• (c) Except as may have already been obtained, no consent or approval of any
trustee or holder of any indebtedness or obligation of Providence, and no consent, approval,
permission, authorization, order, or license of any governmental authority, is required to be
obtained by Providence for the execution and delivery of this Agreement or any other
instrument or agreement required of Providence under this Agreement.
(d) Providence is not subject to any charter, bylaw, or contractual limitation or
provision of any nature whatsoever which in any way limits, restricts, or prevents Providence from
entering into this Agreement or from performing any of its obligations hereunder.
(e) Neither the execution and delivery of this Agreement, and the consummation of
the transactions contemplated hereby, nor the fulfillment of or compliance with the provisions
Skew Page 24 of 31
\ OS
hereto, materially conflicts with, violates, or breaches any charter, bylaw, or stock provision of
Providence, any of the material terms, conditions, or provisions of any indenture, instrument, or
agreement to which Providence is a party or by which Providence is bound, any statute, rule or
regulation, or any judgment, decree, or order of any court or agency binding on Providence, or
constitutes a default under any of the foregoing which has not been waived or consented to in
writing by the appropriate party or parties, or results in the creation or imposition of any lien,
charge, security interest, or encumbrance of any nature whatsoever upon any of the property
or assets of Providence not permitted under the terms of any restriction, agreement, instrument,
statute, governmental rule or regulation, court order, judgement, or decree.
(f) To the knowledge of Providence, there is no action, suit, proceeding, inquiry, or
investigation by or before any court, governmental agency, or public board or body pending or
threatened against Providence which (i) affects or seeks to prohibit, restrain, or enjoin the
execution and delivery of this Agreement, (ii) affects or questions the validity or enforceability of
this Agreement, or (iii) questions the power or authority of Providence to carry out the
transactions contemplated by, or to perform its obligations under, this Agreement.
(g) When duly executed, this Agreement will be enforceable against Providence
according to its terms, except as may be limited by bankruptcy, insolvency, reorganization, or
other laws affecting creditors' rights generally as amended from time to time.
(h) Any certificate signed by an officer of Providence duly authorized to execute
such certificate and delivered pursuant to this Agreement shall be deemed to be a
representation and warranty by Providence as to the statements made therein.
Page 25 of 31
Op
(i) The execution, delivery, or performance of this Agreement or consummation of
the transactions contemplated by this Agreement or compliance by Providence with any of the
provisions of this Agreement will not violate any statute (including Alaska's Certificate of Need
laws), rule, regulation, ordinance, code, order, judgment, ruling, writ, injunction, decree, or
award.
25. Representations and Warranties of the City. The City hereby represents and
warrants that neither the execution, delivery or performance of this Agreement nor the
consummation of the transactions contemplated by this Agreement, nor compliance by the
City with any of the provisions of this Agreement, will:
(a) violate or conflict with any provision of Seward's City Charter or the Seward City
Code;
(b) violate, conflict with, or result in a breach of any provision of, or constitute a
default (or an event which, with notice and /or lapse of time, would constitute a default) under,
terminate, accelerate the performance required by, or result in a right of termination or
acceleration under any of the terms, conditions or provisions of any material contract, plan,
indebtedness, note, bond, indenture, security or pledge agreement, commitment, license,
lease, franchise, permit, agreement, or other instrument or obligation (i) to which the City is a
party or (ii) by which the assets relating to PSMCC are bound; or
(c) violate any statute (including Alaska's Certificate of Need laws), rule, regulation,
ordinance, code, order, judgment, ruling, writ, injunction, decree or award.
26. Parties in Interest. Nothing in this Agreement expressed or implied is intended or
shall be construed to confer upon any person, other than the parties hereto, any right, remedy
Page 26 of 31
l ��
or claim, legal or equitable, under or by reason of this Agreement, this Agreement being
intended to be and being for the sole and exclusive benefit of the parties hereto.
27. Confidential Information Providence shall comply with all laws, regulations,
directives or requirements in any form related to operating and managing hospitals and long-
term care facilities, including, but not limited to the Health Insurance Portability and
Accountability Act of 1996 ( "HIPAA "), and regulations adopted under HIPAA. The City shall not
have access to Protected Health Information as defined by HIPAA. City has read 45 C.F.R.
164.504(e), understands Providence's position is that 45 C.F.R. 164.504(e) applies to this
Agreement, and that Providence therefore has the following obligations:
Providence agrees to hold all individually identifiable patient health information
( "Protected Health Information ") that may be shared, transferred, transmitted, or otherwise
obtained pursuant to this Agreement strictly confidential, and provide all reasonable protections
to prevent the unauthorized use or disclosure of such information, including, but not limited to
the protection afforded by applicable federal, state and local laws and /or regulations
regarding the security and the confidentiality of patient health care information. Providence
further agrees to make every reasonable effort to comply with any regulations, standards, or
rules promulgated pursuant to the authority of the HIPAA, including those provisions listed below,
as soon as possible. Providence may use and disclose Protected Health Information when
necessary for Providence's proper management and administration (if such use or disclosure is
necessary), or to carry out Providence's specific legal responsibilities pursuant to this Agreement.
Specifically, Providence agrees as follows: (1) to maintain safeguards as necessary to ensure
that the Protected Health Information is not used or disclosed except as provided herein; (2) to
mitigate, if possible, any harmful effect known to Providence of a use or disclosure of Protected
Page 27 of 31
k,
Health Information by Providence; (3) to ensure that any subcontractors or agents to whom it
provides Protected Health Information will agree to the same restrictions and conditions that
apply with respect to such information; (4) to make available respective internal practices,
books and records relating to the use and disclosure of Protected Health Information to the
Department of Health and Human Services or its agents; (5) to incorporate any amendments or
corrections to Protected Health Information when notified that the information is inaccurate or
incomplete; (6) to return or destroy all Protected Health Information that Providence still
maintains in any form and not to retain any such Protected Health Information in any form upon
termination or expiration of this Agreement, if feasible or, if not feasible, Providence agrees to
limit any uses of Protected Health Information after this Agreement's termination or expiration to
those specific uses or disclosures that make it necessary for Providence to retain the information;
(7) to ensure applicable policies are in place for providing access to Protected Health
Ilk or Information to the subject of that information; (8) if requested by the City, report to City any use
or disclosure of Protected Health Information which is not provided for in the Agreement; and (9)
to make Protected Health Information and an accounting of disclosures available to the
individual who is the subject of the information or to City, to the extent required by HIPAA.
Breach of this section shall be considered material.
28. Access to Books and Records Pursuant to 42 U.S.C. Section 13995x(v) (1),
until the expiration of four (4) years after the furnishing of services under this Agreement,
Providence shall make available and provide copies to the City, upon written request by the
Comptroller of the United States Department of Health and Human Services, or upon request by
the Comptroller General of the United States General Accounting Office, or any of their duly
authorized representatives, a copy of this Agreement and such books, documents and records
Page 28 of 31
:Ib�
Nil lid
as are necessary to certify the nature and extent of the services furnished by Providence under
this Agreement. If Providence carries out any of its duties under this Agreement through a
subcontract, with a value or cost of ten thousand dollars ($10,000) or more over a twelve (12)
month period, with a related organization of Providence, such subcontract shall contain a
clause to the effect that until the expiration of four (4) years after the furnishing of such services
pursuant to such subcontract, the related organization shall make available and provide copies
to the City, upon written request by the Secretary of the United States Department of Health and
Human Services or upon request by the Comptroller General of the United States General
Accounting Office, or any of their duly authorized representatives, a copy of such subcontract
and such books, documents and records as are necessary to verify the nature and extent of
such costs.
29. Miscellaneous.
(a) This Agreement constitutes the entire agreement between the parties with
respect to the Property and operation of PSMCC. Any prior representations and agreements are
of no effect except to the extent provisions of the Prior Agreement survive termination by its
terms. No subsequent alteration, amendment, change or addition to this Agreement shall be
binding upon the City or Providence unless reduced to writing and executed by the parties.
(b) This Agreement shall be governed by and construed in accordance with the laws
of the State of Alaska, and venue for all disputes shall be in Anchorage, Alaska.
(c) If any term, covenant or condition of this Agreement, or the application thereof
to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder
Page 29 of 31
4 illirr
of this Agreement, or the application of such term, covenant or condition to other persons and
circumstances shall be valid and enforceable to the fullest extent permitted by law.
(d) The terms, covenants and conditions hereof shall be binding upon and shall
insure to the benefit of the parties hereto and their respective legal representatives, successors
and assigns.
(e) One City resident will be eligible to participate as a voting member on the
Providence Alaska Region Community Ministry Board which will vote on the operations of
PSMCC.
(f) Nothing in this Agreement expressed or implied is intended or shall be construed
Illor► to confer upon any person, firm, or corporation, other than the parties hereto, any right, remedy
or claim, legal or equitable, under or by reason of this Agreement, this Agreement being
intended to be and being for the sole and exclusive benefit of the parties hereto.
(g) Nothing in this Agreement, and no performance of either party hereunder shall
cause the relationship of the parties to be that of principal and agent, partners, or joint
venturers, or cause the parties to be associated in any manner other than as independent
contractors.
(h) The parties to this Agreement will perform their obligations hereunder consistent
with applicable federal, state and local laws.
Page 30 of 31
I 1 l
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
duly authorized representatives as of the dates set forth below.
SIGNATURES:
PROVIDENCE HEALTH & SERVICES WASHINGTON
d /b /a Providence Health & Services Alaska
By:
Its:
Date:
CITY OF SEWARD
By:
City Manager
Date:
ATTEST:
Johanna Kinney, CMC
City Clerk
(City seal)
Page 31 of 31
Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2013 -023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONSTRUCTION CONTRACT WITH HARMON CONSTRUCTION IN AN
AMOUNT NOT TO EXCEED $549,786 FOR THE VESSEL WASH DOWN
PAD AT THE SEWARD MARINE INDUSTRIAL CENTER (SMIC) AND AN
ADDITIONAL $106,900 IN PROJECT CONTINGENCY AND
CONSTRUCTION MANAGEMENT COSTS, AND APPROPRIATING
FUNDS
WHEREAS, the City of Seward secured a $620,656 grant from the Exxon Valdez Oil Spill
Trustee Council as administered by the Alaska Department of Environmental Conservation for the
construction of a Vessel Wash Down Pad; and
WHEREAS, installation of the new system will protect the environment by eliminating the
runoff of potentially harmful chemicals and eliminating invasive species; and
WHEREAS, the City developed a scope of work with the assistance of PND Engineers, Inc.
and advertised a competitive bid package according to SCC 6.10.210 and SCC 6.10.215; and
WHEREAS, three bids were received by the required deadline of 3:00 p.m. March 21, 2013;
and
WHEREAS, the City and PND Engineers, Inc. reviewed all bids and concluded Harmon
Construction was the lowest, most qualified and responsive bidder with a base bid amount of
$479,786 and an Alternate A bid amount of $70,000; and
WHEREAS, the City and PND Engineers, Inc. agree that a ten percent (10 %) contingency is
necessary for a project of this magnitude to address the potential for unforeseen project costs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. The City Manager is hereby authorized to enter into a construction contract not -
to- exceed $549,786 with Harmon Construction, including both the Base Bid and the Alternate A in
substantially the form presented at this meeting, for the installation of a Vessel Wash Down Pad at
SMIC.
Section 2. Funding for this contract in an amount not -to- exceed $549,786 is hereby
appropriated from grant funds in account no. 278 - 2781- 4680 -0200 to contracted services account no.
278- 2781 -5390.
r 3
CITY OF SEWARD, ALASKA
RESOLUTION 2013 -023
Section 3. Funding in an amount not -to- exceed $51,900 is hereby appropriated from the grant
fund account no. 278 - 2781- 4680 -0200 to the Vessel Wash Down Pad contracted services account no.
278 - 2781 -5390 for the purposes of hiring a professional construction management services firm to
oversee construction of the Vessel Wash Down Pad to ensure that the work is done in accordance
with the specifications as outlined in the bid package.
Section 4. Funding of -a ten percent contingency in an amount not -to- exceed $55,000 is
hereby appropriated from the Harbor Maintenance and Repair Fund ( "MRRF ") Reserves Account
no. 402 - 0000 - 3071 -0276 to the Vessel Wash Down Pad contingency account no. 278 - 2750 -5XXX.
The contingency will be utilized only if required by justifiable cost over -runs approved in advance by
the City Manager.
Section 5. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 8th day of
April, 2013
THE CITY OF SEWARD, ALASKA
David Seaward, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Johanna Kinney, CMC
City Clerk
(City Seal) Nid
11 LA
Agenda Statement
y of set
'111111.1 t■
Meeting Date: April 8, 2013 -1� 9 46
y .
To: City Council '
itASO
Through: City Manager Jim Hunt
From: Harbormaster Mack Funk
Agenda Item: Construction contract with Harmon Construction for the Vessel Wash Down
Pad at SMIC
BACKGROUND & JUSTIFICATION:
The City received a grant for $620,656 from the Exxon Valdez Oil Spill Trustee Council for the
construction of the Vessel Wash Down Pad at the Seward Marine Industrial Center (SMIC). The
project has been designed and administered by PND Engineers.
The City worked with PND Engineers, Inc. to draft and finalize a competitive bid package based on
the City's standard construction agreement, the scope of work and the availability of funds. This
competitive bid package was advertised according to SCC 6.10.210 and SCC 6.10.215. Three bids
were received by the City by the deadline of 3:00 p.m. on March 21, 2013. One bid was disqualified
as being non - responsive. The City and PND Engineers, Inc. reviewed all bids and concluded Harmon
Construction was the lowest, most qualified and responsive bidder with a total bid amount of
$549,786 including the Base Bid and Alternate A. The bid tabulation was as follows:
Seward Marine Industrial Center (SMIC) - Vessel Washdown Pad - Phase I
BID TABULATION
Engineers Estimate Harmon Construction Prosser -Dagg
Construction
BASE BID
PRICE $458,450 $479,786 $575,478.11
ADD. ALT. A
CONST. BID PRICE $107,000 $70,000 $59,964.90
TOTAL BASE BID &
ADDITIVE ALT. A
BID PRICE $565,450 $549,786 $635,443.01
INTENT:
Enter into a construction contract not -to- exceed $549,786 with Harmon Construction for the
installation of a concrete pad, pressure washing, and recycling system as outlined in the competitive
bid package and appropriate funds (including Alternate A).
CONSISTENCY CHECKLIST: Yes No N/A
1 Comprehensive Plan (document source here): Continue to support, X
promote, enhance and develop harbor facilities to accommodate
\1�
Seward's growing demand for marine transport facilities. (page 33)
2 Strategic Plan (document source here): Seward Marine Industrial Center X
Development Plan
+
3. Other (list): X
FISCAL NOTE:
The construction work will be paid from the Exxon Valdez Oil Spill Trustee Council grant $620,656
as administered by the Alaska Department of Environmental Conservation. The grant will also pay
up to an additional $51,900 for professional construction management services. Funds are required
to be appropriated in the amount of $55,000 representing a 10% contingency on the construction
project and will be utilized only if required by justifiable cost over -runs approved in advance by the
City Manager. The City of Seward will not charge the standard 10% administrative overhead charge
to this project.
Approved by Finance Department: _ AJ
ATTORNEY REVIEW: Yes No X
RECOMMENDATION:
Council support Resolution 2013- 0 (192 authorizing the City Manager to enter into a construction
contract with Harmon Construction, the most qualified, responsive and lowest bidder, to construct a
Vessel Wash Down Pad at SMIC as outlined in the competitive bid package for an amount not -to-
exceed $549,786 and appropriate funds.
NINO
INGINEERS, INC:.
January 8, 2013 PND 121023.01
Mack Funk
Harbormaster
City of Seward
PO Box 167
Seward, Alaska 99664
Re: SMIC Vessel ' 'ashdown Pad — Phase I
Engineering Services Fee Proposal: Contract Administration /Construction Inspection
Dear Mr. Funk:
PND Engineers, Inc. (PND) appreciates the opportunity to provide this proposal for engineering services 011
the SI\'IIC Vessel \X'ashdown Pad —Phase I project. You have requested PND to provide a proposal to
perform construction administration /construction inspection services for this project.
Scope of Construction Administration /Construction Inspection (CA /CI)
It is PND's understanding that regular on -site inspection services will be performed by the City of Seward.
PND will consult with the City Inspector and review City prepared construction inspection reports. I?ND
will perform periodic site visits throughout the course of construction and at critical phases in the work.
Construction phase services included in this proposal consist of the following:
1. Assist the City as necessary with grant administration.
2. Conduct preconstruction meeting and prepare minutes.
3. Contract Administration — Contract correspondence, review pay applications, prepare change orders,
and similar.
4. Daily consultation with City inspector and review of City prepared inspection reports.
5. Periodic on -site construction /special inspections with daily reports. We are assuming several
miscellaneous trips as well as being on site for both sods compaction testing and concrete placement
operations. We have assumed 8 total day trips and 3 overnight trips. The 3 overnight trips are
intended for special inspection services during concrete placement at the washdown pad.
6. Monthly progress meetings on -site.
7. Substantial and final completion inspections,
Office support during construction was covered under our previous proposal, dated February 12, 2012, and
will include technical support as need during construction including: design clarifications, submittal reviews,
and design modifications. The previous proposal also covered two, single -day site visits for construction
support, which has been excluded from this scope.
lib.`
1506 West 35th Ave. ANCHORAGE, ALASKA 99503 • Phone 907.561.1011 • Fax 907.583.4220
1 n
January 8, 2013
SMIC Vessel \k'ashdown Pad — Phase I
Page 2 of 2
Ned Fee Proposal
Attached please find a detailed fee proposal breakdown of the services and associated budget we have
included in the proposal. PND proposes to provide these services on a time and expenses (T &E) basis with
an estimated fee of $51,910, with rates identified on the attached Standard Rate Schedule. As you know,
construction administration is highly variable and we plan to coordinate closely with the City as to when our
services will be needed. We will not exceed this fee without your prior authorization.
Feel free io call us at any time if you have any questions regarding this proposal or if you would like to revise
the scope to better suit your needs. Should you find this proposal acceptable, please forward a contract for
my review and signature. \XTe look forward to hearing from you soon.
Sincerely,
PND Engineers, Inc. Anchorage Office
Kenton Braun, P.E. Misty Butler, P.E.
Vice President Senior Engineer
Attachment: Fee Proposal Breakdown
Standard Rate Schedule
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ENGINliERs, INC.
PND ENGINEERS, INC.
STANDARD RATE SCHEDULE
EFFECTIVE MAY 2012
Regular Rate
Professional: Senior Engineer VII $180.00
Senior Engineer VI $165.00
Senior Engineer V $150.00
Senior Engineer IV $140.00
Senior Engineer III $130.00
Senior Engineer II $120.00
Senior Engineer I $110.00
Staff Engineer V $100.00
Staff Engineer IV $95.00
Staff Engineer III $90.00
Staff Engineer II $85.00
Staff Engineer I $80.00
Senior Environmental Scientist $100.00
Environmental Scientist $90.00
GIS Specialist $90.00
Surveyors: Senior Land Surveyor $105.00
Land Surveyor I $95.00
Technicians: Technician VI $125.00
Technician V $105.00
Technician IV $90.00
Technician III $80.00
Technician II $70.00
Technician I $45.00
CAD Designer V $95.00
CAD Designer IV $85.00
CAD Designer III $70.00
ONO
SECTION 00500 - CONTRACT
CITY OF SEWARD, ALASKA
Seward Marine Industrial Center (SMIC) Vessel Washdown Pad — Phase 1
PROJECT NAME
CONTRACT ( "Contract "), between the City of Seward, Alaska, herein called the City, acting by and
through its City Manager, and upon signing; this document shall serve as the notice to proceed, and
Harmon Construction Inc.
Company Name
802.5 Port Avenue, PO Box 1650 Seward, AK 99664
Company Address (Street or PO Box, City, State, Zip)
a /an ❑ Individual ❑Partnership ❑Joint Venture ❑Sole Proprietorship p p Corporation
incorporated under the laws of the State of ALASKA, its successors and assigns, herein called the
Contractor, is effective the date of the signature of the City Manager on this document.
The Contractor, for and in consideration of the payment or payments herein specified and agreed to by
the City, hereby covenants and agrees to furnish and deliver all the materials and to do and perform all
the work and labor required in the construction of the above - referenced project as bid by the Contractor,
which bid and prices named, together with the Contract Documents (as hereinafter defined) are made a
part of this Contract and accepted as such. It is distinctly understood and agreed that no claim for
additional work or materials, done or furnished by the Contractor and not specifically herein provided for,
will be allowed by the City, nor shall the Contractor do any work or furnish any material not covered by
this Contract, unless such work or materials is ordered in writing by the City. In no event shall the City be
Ilapv liable for any materials furnished or used, or for any work or labor done, unless the materials, work, or
labor are required by the Contract or on written order furnished by the City. Any such work or materials
which may be done or furnished by the Contractor without written order first being given shall be at the
Contractor's own risk, cost, and expense and the Contractor hereby covenants and agrees to make no
claim for compensation for work or materials done or furnished without such written order.
Notwithstanding the foregoing, payment under this Contract shall not exceed Five hundred forty -nine
thousand, seven hundred eighty -six and 00/100 dollars ($549,786.00) for all Base Bid and Additive
Alternate A items, additional work, and change orders.
The Contractor further covenants and agrees that all materials shall be furnished and delivered and all
work and labor shall be done and performed, in every respect, to the satisfaction of the City, on or before:
September 15, 2013. It is expressly understood and agreed that in case of the failure on the part of the
Contractor, for any reason, except with the written consent of the City, to complete the furnishing and
delivery of materials and the doing and performance of the work before the aforesaid date, the City shall
have the right to deduct from any money due or which may become due the Contractor, or if no money
shall be due, the City shall have the right to recover Five Hundred dollars ($500.00) per day for each
calendar day elapsing between the time stipulated for the completion and the actual date of completion in
accordance with the terms hereof; such deduction to be made, or sum to be recovered, not as a penalty
but as liquidated damages. Provided, however, that upon receipt of written notice from the Contractor of
the existence of causes over which the Contractor has no control and which must delay furnishing of
materials or the completion of the work, the Contracting Officer may, at his or her discretion, extend the
period specified for the furnishing of materials or the completion of the work, and in such case the
Contractor shall become liable for liquidated damages for delays commencing from the date on which the
extended period expires.
The bonds given by the Contractor in the sum of $549,786 Payment and Performance Bond, to secure
St the proper compliance with the terms and provisions of this Contract, are submitted herewith and made a
SMIC - VESSEL WASHDOWN PAD CONTRACT
PHASE I Page 00500 -1
i��
SECTION 00500 - CONTRACT
part hereof.
The Contractor further covenants and agrees that the entire construction will be done under the
Nord
administration of and- to the complete satisfaction of the City subject to the inspection at all times and
approval by any regulatory agency of the Local, State, or Federal Government of the United States of
America, and in accordance with the laws of the State of Alaska and the City of Seward.
For purposes of this Contract, Contracting Officer means Mack Funk or any other person designated by
the City Manager.
The Contractor is an independent contractor and not an employee or agent of the City.
Contract Documents shall have the meaning ascribed by the General Conditions of the Construction
Contract, and include but are not limited to this Contract, the General Conditions of the Construction
Contract, the Supplementary Conditions, and the following listed documents:
(1) SMIC Vessel Washdown Pad — Phase 1 Bid closed March 21, 2013 to include specifications and
contract documents; and
(2) Resolution 2013 -
IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to its terms and
conditions.
CONTRACTOR
Harmon Construction Inc.
Compa Name
ig nature of Authorized Company Representative
sold
/
Typed Name and Title
Date
CITY OF SEWARD
Signature of City Manager
Jim Hunt
Typed Name
Date
Johanna Kinney
City Clerk
(ATTEST)
SMIC - VESSEL WASHDOWN PAD CONTRACT
PHASE I Page 00500 -2
lea;
Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2013 -024
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT WITH ORION MARINE CONTRACTORS, INC FOR AN
AMOUNT NOT TO EXCEED $215,500 FOR INSURED REPAIRS TO
SYNCROLIFT
WHEREAS, the Syncrolift Dock located at SMIC sustained damage from a transient
vessel during the summer of 2011, which will require the replacement of fourteen (14) pilings,
repairs to a safety ladder, chocks and fender mounting brackets; and
WHEREAS, City Administration worked with AMLJIA to conduct an investigation of
the incident and to develop a plan to complete repairs to the dock; and
WHEREAS, at AMLJIA's request, three (3) companies were contacted by the City and
asked to provide a quote to complete the repairs to the dock. All three companies responded and
the lowest quote came from Orion Marine Contractors; and
WHEREAS, AMLJIA reviewed the three quotes and selected Orion Marine Contractors
as the lowest responsive quote; and
WHEREAS, Seward Ship's Dry Dock operates the Syncrolift Dock under contract with
the City; and
WHEREAS. Seward Ship's Dry Dock utilizes the City's insurer, AMLJIA, to provide
insurance for the syncrolift because the City's insurance provider is more cost - effective for
Seward Ship's Dry Dock; and
WHEREAS, Seward Ship's Dry Dock will pay the $25,000 deductible and the insurance
company will pay $215,500 for the necessary repairs, and each of these payments will be made
directly to the contractor with no use of City funds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEWARD, ALASKA that:
Section 1. The City Manager is hereby authorized to enter into a contract with Orion
Marine Contractors Inc. in an amount not to exceed $215,500.
Section 2. Funding in the amount of $215,500 is paid for by AMLJIA. The $25,000
deductible will be paid by Seward Ship's Dry Dock. For these reasons, and the other findings set
forth in the above recitals, which are incorporated herein by reference, the City Council finds,
pursuant to SCC 6.10.130, that the public interest would be best served by not requiring
CITY OF SEWARD, ALASKA
RESOLUTION 2013 -024
competitive bids or proposals.
Section 3. This resolution shall take effect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 8 day of
April, 2013.
THE CITY OF SEWARD, ALASKA
David Seaward, Mayor
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Johanna Kinney
City Clerk
(City Seal)
1 ��
Agenda Statement
Meeting Date: April 8, 2013 F sett.
To: Jim Hunt, City Manager , ' 9 a
From: Norman Regis, Deputy Harbormaster 14-0-1*
NIP
Agenda Item: Authorizing a Contract with Orion Marine
Contractors
BACKGROUND & JUSTIFICATION:
In 2011, while moored there during a storm event, a large vessel damaged 14 pilings, a safety ladder,
timber chocks and other hardware on the syncrolift dock. City Administration worked with AMLJIA
to conduct an investigation of the incident, and developed a repair strategy for this dock. R &M
Consultants completed a damage report and repair drawings for plans to replace the damaged
structure. The damage is covered by insurance.
The City of Seward submitted a request for quotes to three (3) companies: Orion Marine Contractors,
Pacific Pile & Marine and Storm Chasers Marine Services, Inc. All three companies responded to
the request for quotes: Orion Marine Contractors in the amount of $215,000.00, Pacific Pile &
Marine in the amount of $254,640.00 and Storm Chaser Marine Services in the amount of
$366,426.00. The City of Seward intends to enter into a contract with Orion Marine Contractors to
complete the repairs to Syncrolift Dock with the insurance coverage.
�rrr INTENT: Authorize the City Manager to enter into a contract with Orion Marine Contractors Inc.,
to complete repairs to the Syncrolift Dock.
CONSISTENCY CHECKLIST: Yes No N/A
Comprehensive Plan: Economic Development, Small Boat Harbor
1. Development, expand and maximize potential of the existing harbor. X
2 Strategic Plan: Economic Base, Improve and Expand Maritime
Facilities X
FISCAL NOTE:
No City funding will be spent on this repair.
ATTORNEY REVIEW: Yes /r No
" has YtI ta,) td t
RECOMMENDATION: YCso1/ 1 01/1 0►)1
City Council approve resolution 2013- D` authorizing the City Manager to enter into a contract
with Orion Marine Contractors Inc.in an amount not to exceed $215,000.00 paid for by AMLJIA,
$25,000.00 deductible paid for by Seward Ship's Dry Dock.
Sr..
\)
CITY OF SEWARD, ALASKA ,,•d
CONSTRUCTION CONTRACT
SYNCROLIFT DOCK REPAIR
This CONTRACT ( "Contract "), between the City of Seward, Alaska, herein called the
City, acting by and through its City Manager, and upon signing; this document shall
serve as the notice to proceed.
Orion Marine Contractors, Inc.
6120 A Street, Anchorage, Alaska 99518
A Corporation incorporated under the laws of the State of Alaska, its successors and
assigns, herein called the Contractor, is effective the date of the signature of the City
Manager on this document.
The Contractor, for and in consideration of the payment or payments herein specified
and agreed to by the City, hereby covenants and agrees to furnish and deliver all the
materials and to do and perform all the work and labor required in the repair of the
above - referenced project as bid by the Contractor, which bid and prices named,
together with the Contract Documents (as hereinafter defined) are made a part of this
Contract and accepted as such. It is distinctly understood and agreed that no claim for Nird
additional work or materials, done or furnished by the Contractor and not specifically
herein provided for, will be allowed by the City, nor shall the Contractor do any work or
furnish any material not covered by this Contract, unless such work or materials is
ordered in writing by the City. In no event shall the City be liable for any materials
furnished or used, or for any work or labor done, unless the materials, work, or labor are
required by the Contract or on written order furnished by the City. Any such work or
materials which may be done or furnished by the Contractor without written order first
being given shall be at the Contractor's own risk, cost, and expense and the Contractor
hereby covenants and agrees to make no claim for compensation for work or materials
done or furnished without such written order.
Notwithstanding the foregoing, payment under this Contract shall not exceed Two
Hundred Fifteen Thousand Five Hundred Dollars and no cents, ($215,500.00) for all
base items, additional work, and change orders.
The Contractor further covenants and agrees that all materials shall be furnished and
delivered and all work and labor shall be done and performed, in every respect, to the
satisfaction of the City, on or before: October 31, 2013. It is expressly understood and
agreed that in case of the failure on the part of the Contractor, for any reason, except
with the written consent of the City, to complete the furnishing and delivery of materials
and the doing and performance of the work before the aforesaid date, the City shall
City of Seward Construction Contract
Page 1 of 3
have the right to deduct from any money due or which may become due the Contractor,
or if no money shall be due, the City shall have the right to recover five hundred dollars
($500.00) per day for each calendar day elapsing between the time stipulated for the
completion and the actual date of completion in accordance with the terms hereof; such
deduction to be made, or sum to be recovered, not as a penalty but as liquidated
damages. Provided, however, that upon receipt of written notice from the Contractor of
the existence of causes over which the Contractor has no control and which must delay
furnishing of materials or the completion of the work, the Contracting Officer may, at his
or her discretion, extend the period specified for the furnishing of materials or the
completion of the work, and in such case the Contractor shall become liable for
liquidated damages for delays commencing from the date on which the extended period
expires.
The Contractor further covenants and agrees that the entire construction will be done
under the administration of and to the complete satisfaction of the City subject to the
inspection at all times and approval by any regulatory agency of the Local, State, or
Federal Government of the United States of America, and in accordance with the laws
of the State of Alaska and the City of Seward.
The CONTRACTOR shall indemnify, save harmless, and defend the CITY and its
agents and its employees from any and all claims or actions for injuries or damages
sustained by any person or property arising directly or indirectly from the construction or
�rrr the CONTRACTOR's performance of this Contract; however, this provision has no
effect if, but only if, the sole proximate cause of the injury or damage is the CITY's gross
negligence.
For purposes of this Contract, Contracting Officer means Norman Regis or any other
person designated by the City Manager.
The Contractor is an independent contractor and not an employee or agent of the City.
Contract Documents shall have the meaning ascribed by the General Conditions of the
Construction Contract, and include but are not limited to this Contract, the General
Conditions of the Construction Contract, the Special Conditions, and the following listed
documents:
(1) Bid Documents: Bid Schedule dated 3 -7 -2013
(2) Damage Assessment Report from R &M consultants Kim Nielsen Engineer.
(3) Certificate of Insurance
(4) Kenai Peninsula Borough Tax Certificate
(5) Addendum # 1
(6) Asbuilts
(7) City Business License)
City of Seward Construction Contract
Page 2 of 3
l:A-1
IN WITNESS WHEREOF the parties hereto have executed this Contract and agree to
its terms and conditions.
CONTRACTOR
Orion Marine Contractors, Inc.
Signature of Authorized Company Representative
Bryce Erickson Vice President Construction Operations Alaska
Date
CITY OF SEWARD
Jim Hunt, City Manager
Date
ATTEST
Johanna Kinney, CMC, City Clerk
City of Seward Construction Contract
Page 3 of 3
'41•11.- SEWARD MARINE INDUSTRIAL CENTER
SYNCROLIFT DOCK
DAMAGE ASSESSMENT REPORT
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Prepared for:
VII
Alaska Municipal League AkI
_ J 1 A JOINT INSURANCE
ASSOCIATION. INC.
807 G St. Ste 356
Anchorage, AK 99501
907 - 258 -2625
Prepared by:
MEM 11=1 MI. ESA MIN
R&M CONSULTANTS, INC.
9101 Vanguard Dr. Anchorage, AK 99507
907 622 1707 voice . 907 682 3403 fax
November 2012
1-)N°\
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R&M CONSULTANTS, INC. 4 `
Seward Marine Industrial Center 8109 Vanguard Dr. Anchorage, AI 98507
Syncrolift Dock Damage Assessment 907 628 1707 vulva .907 522 aaca fax ]
1. Background and Purpose
R &M Consultants, Inc. was contracted by AMLJIA for professional engineering services to conduct a Damage
Assessment in support of a Cause of Loss report associated with recently reported damages to the City of
Seward's (City) Syncrolift dock facility located at the Seward Marine Industrial Center (SMIC) on Sorrel St. in
Seward, AK.
The Seward Ship's Drydock Inc. (SSDI) leases the space from the City and there is a maintenance and operations
contract and lease. It appears that SSDI recently notified the City of the damage and they report it occurred
sometime between October 2010 and April 9, 2011. Jim Pruitt, owner of SSDI indicated that the damage occurred
at that time when the Alaska State Ferry M/V Tustumena was moored at the dock and there was a storm that
entered the basin and caused the vessel to surge up and impact the dock while moored. Some statistics on the
Tustumena are listed below:
• Vessel dimensions are 296 -ft length overall, 59 -ft beam.
• Vessel drafts 14.5 ft (loaded).
• Weight (Displaced tonnage) is 3,067 Long Tons (6,870 kips).
• The Tustumena has a sponson, or protruding stabilizer fin, located about 7ft -8 -in above the waterline in
(lightly laden) condition. When berthed broadside to a dock, this applies the load on the fender system.
Invoices were later produced that clarified the timeframe when the Tustumena may have been moored at the
dock. Anderson Tug & Barge Co. moved the Tustumena from the dock to the lift area on October 19, 2010 and Nod
from the lift back to the dock on December 2, 2010. The tug "spun the Tustumena 180 degrees at the dock on
12/5/10 and again on 12/6/10. It is unclear why the vessel was spun at the dock and exactly when the vessel
departed Seward. Based on this information, it seems likely the Tustumena was moored at dock October 16 to 19
and again from December 2 -6 or 10.
The City had not inspected the area in some time and had no notice of it until recently. The primary focus of the
damage assessment is to include the area where fender pilings are missing from the west end of the dock area
plus two broken pilings in the middle of the dock area. Because the insurance investigator indicates that it is
difficult to tell if the damage is consistent with one event and whether a storm occurred that has the potential to
cause such damage at the facility, the Assessment included the following, which is summarized in this report:
1. Site Visit: the facility was inspected to document and quantify the extent of damage (visible from above
water).
2. Wind /Wave Analysis: a review of wind data records was made to identify notable wind events that
occurred during the time when the Tustumena was moored at the facility and to estimate the potential
wave and surge characteristics that may have been present at the facility.
3. Structural Analysis: calculations were performed to estimate the forces necessary to cause the observed
damage and if possible, determine whether the damage may have occurred from one event as described
by SSDI, or multiple events.
Nood
R &M CO 11:44%,1111 MUM
NSULTANTS, INC. -
Seward Marine Industrial Center 9101 Vanguard dr. Anchorage, AK 99607
907 922 1707 voice . 907 922 3403 fax
Syncrolift Dock Damage Assessment
Sirs, 2. Site Visit
A site visit was conducted on October 3, 2012 beginning at about 10:30am. Conditions were relatively calm and
the tide was about +3 to +5 feet (MLLW =0) during the period of the site visit. During these calm conditions, video
was taken of the background surge condition in the harbor, and a 0.5 -ft to 1 -ft high wave with a period of 8 to 10
seconds was observed.
The existing Syncrolift facility consists of a steel cellular sheet pile bulkhead on the south side, which also serves as
a portion of the breakwater, and a steel pile supported dock that supports a 5,000 -ton Syncrolift platform used for
lifting vessels from the water and moving them to the upland area for "dry dock" maintenance. The facility
includes a turning dolphin, connected to the dock by a steel catwalk. The north side of the dock includes a
timber -pile fender system. The western end of this fender system was the primary focus of the subject damage
assessment, as depicted in a Plan View drawing of the facility shown in Figure 1.
A Senior Waterfront Engineer from R &M Consultants, Inc. conducted a site visit to document the damage on
October 3, 2012. The assessment was conducted by boat shortly after low tide (10:30am) which was at an
elevation of about 3.1 ft (MLLW =0) and was followed by an on -deck assessment by land. The assessment focused
on the damaged area along the outer north face of the dock. No underwater assessment was performed.
There was also damage evident in other areas of the facility, which were not reported as part of the damage
associated with this investigation. For example, the facility's turning dolphin has a damaged fender. These items
were not assessed in detail.
% %ow The fender system consists of approximately 14 -15" diameter timber fender piles, supported by walers consisting
of three horizontal 14 "x16 "x %" Steel H- beams, spaced about 8 to 10 feet apart, vertically. The timber piles are
generally arranged in pairs at 7ft on center and attached to the H -beams and separated by 12x12" x 4' long timber
chocks at each of the walers. The upper waler has 3 -ft long x 2 -ft diameter cylindrical rubber energy- absorption
units, located at the top of each pile pair, and attaching it to the concrete dock deck with steel brackets and
chains.
In the primary assessment area, along the west end of the dock, the lower and middle walers and associated
timber chocks were missing (Photo 1). The upper waler, along the top /deck of the dock was observed to be
hanging downward somewhat along the damaged area. The approximate length of the missing /hanging walers is
41 -feet. The 15 -ft lengths of H -beam were connected by steel plates and the upper wafer was also attached to
the concrete dock with 1 -1/2" shackles and chains.
There were about twelve (12) broken timber fender piles visible from the northwest corner and toward the east.
The top /above water portion of the timber piles in this area were missing (Photos 1 -6). Ten (10) of these were
visible just below the water surface (at about 3 to 4 ft elevation). One timber pile was sticking up several feet
above the water surface (about 10+ ft elevation) (See Photos 2 & 4) and one was several feet below the water
surface. The broken pile located next to a safety ladder still had a small portion of the pile wood remaining
sticking up above the waterline to a higher elevation (Photos 5 & 9). The number and approximate location of the
broken piles are indicated in the Plan View drawing on Figure 1. All of these piles were decayed and had
significant marine growth at the broken tops, indicating these breaks are more than a year or so old (Photos 2 &
3). Also important to note is that the piles generally showed evidence of decay in the area near the waterline.
This was true for not only the damaged piles, but also many piles along the entire length of the dock face (Photo
#10).
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(:.', R &M CONSULTANTS, INC. -
i Seward Marine Industrial Center 9101 Vanguard Or. Anehoraga, AK 99807 I
9071599 1707 voice . 907 822 3403 fax I
E ' Syncrolift Dock Damage Assessment '
,, There was also a safety ladder in this area that was damaged (Photo #1). The on -deck inspection found that the
third rubber fender unit from the west end had a missing bracket and a sheared bolt, which attaches the rubber
unit to the waler.
An additional fender pile, located just east of the broken piles, and the first pile connected to the remaining
walers, was cracked and dented (Photo #7 & 8). The split wood on this pile appeared fairly recent compared to
older scrapes and dents on nearby piles to the east, but similar to the one portion of broken pile that remains
above the mean tide level in the primary damage area (Photo #9).
Further east, about 80 feet from the area of broken piles, was a pair of broken /cracked piles that were still in
place (Photo 10 & 11). However, the cracks in these two piles appeared more weathered than the previously
mentioned damage.
The following photographs depict the damage observed during the site visit.
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Photo #1: Area of primary damage assessed in area of 12 broken /missing fender piles (6 pairs). Note top waler is bent downward; middle
and lower walers are missing. Also, safety ladder is bent and twisted.
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Photo #2: Typical condition of broken piles. Photo #3: Typical condition of broken piles.
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Photo #4: Broken Piles #4 & 3 to left, #2 & 1 to right. Photo #5: Four broken Piles ( #9 -12) located east of damaged ladder.
IMO. iZ:VM1.-iNifi Milli ',
R &M CONSULTANTS, INC. i
Seward Marine Industrial Center 13909 Vanguard Or. Aneharaga, AK 99607 1
1? Syncrolift Dock Damage Assessment Eo7 8E22 1707 voice • 907 6eE 3403 fax •
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Photo #6: Broken fender piles, and missing waler located west of ladder. Photo #7: Cracked Piles # 13 & 14.
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Seward Marine Industrial Center 9101 Vanguard Dr. Anchorage, AK 99507 �,
807 529 1707 voice • 807 522 3403 fax
Syncrolift Dock Damage Assessment ;.
,,,,, 3. Wind /Wave.Analysis
Based on the dates provided for when the M/V Tustumena was potentially moored at the Syncrolift dock facility
(October 16 to 19 and again from December 2 -6 or 10), the wind /wave analysis focuses on the two periods of 13-
19 October and 29 November -11 December 2010. This includes a few days prior to each docking period to allow
analysis of wind events that may have been building a couple days prior to these at -dock dates as well as wind
events that may have occurred while the vessel may have been at dock prior to the haul -out date and after the
return -to -water date.
National Weather Service hourly wind records for the Seward Airport were reviewed for this time period to
identify notable wind events. A notable wind event, for the purposes of this analysis, has been chosen as a
recorded wind speed greater than 10 m/s (19 kts) for duration of 3 hrs or more. For each event, the maximum
recorded wind speed was adjusted and used to calculate an estimated significant wave height and wave period
that may be expected at the SMIC harbor (prior to entering the harbor). Note that the wave energy will be
dissipated further as it progresses towards shore and refracts and diffracts around structures on its way to the
Syncrolift dock site. The following table provides a summary of this analysis.
Table 1: Summary of events and calculated resultant significant wave at the SMIC site.
FDates Dur- Wind Spd. Adjusted Knots Ave. Fetch Sig. Wave Wave
(2010) ation Raw Data Wind Spd. Direction (mi) Height m, Period
(hrs) (m /s) (m /s)* (ft) (sec)
10/13 3 12.9 12.8 25.1 320 (NW) 3.86 0.39 (1.3) 1.83
11/28 -11/30 38 15.4 15.3 29.9 325 (NW) 3.95 0.49 (1.6) 1.87
12/3 6 11.8 11.7 22.9 190 (S) 7.63 0.48 (1.6) 2.18
12/10 -12/11 24 14.9 14.8 29.0 0 (N) 0.25 0.14 (0.44) 0.77
*Recorded wind speeds were adjusted for height of record over and and converted to an equivalent 1 -hr wind speed using U.S. Army
Corps of Engineers' Coastal Engineering Manual (EM- 1110 -2 -1100) methods.
The wind speeds recorded in each of these events are typical of a storm event that is more frequent than a one -
year statistical return period. For example, one -year event from the south has been calculated as having a wind
speed greater than 14 m/s and results in a 3 -ft significant wave height at the entrance to SMIC harbor. Winds
from the other directions produce smaller waves due the shorter fetch over which the wave can build. Note that
the event in Table 1 that produced the largest wave occurred on December 3rd during a southerly wind event.
R &M's previous work at the SMIC harbor to evaluate potential breakwater concepts included a detailed statistical
analysis of historical wind records from the Seward Airport dating back to 1973 to estimate the 1 -year and less
frequent storm return periods and associated design waves. Subsequently, a computer model, Simulating WAves
Nearshore (SWAN), was used to evaluate the progression of these storm waves into the SMIC harbor basin.
SWAN estimates how the wave height changes as it progresses toward the site and accounts for narrow fetch,
islands, wave refraction, and wave diffraction as it enters shallow water and passes other structures on its way to
the Syncrolift dock location.
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a , ,,,,,- The result is that a 1 -year, 3.0 -ft said
2 . 5 significant wave height (generated
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I ,t = ��� reduces to about 1.0 -ft by the time
� ' 2 it reaches the damaged area of the
;'. i Syncrolift dock. Figure 2 illustrates
s. `ma - l the dissipation of this wave energy.
This wave may be expected to
`'w 1 ' continue on to the sheetpile wall
i fit > -
face, reflect back, and double in
height. This results in a possible
Of' 3 1 2.0 ft wave at the berthing
location.
` . �: Although we did not run SWAN on - r ...F ��' 1.
- ° - 0.5 our 11 °7 m/s wind event, one could
• expect that a 1.6 ft significant wave
height at the entrance to the basin
would be similarly dissipated and
Figure 2: SWAN Estimation of wave progression at SMIC for a 1 -year south wind event result in a wave at the Sycnrolift
(14 m /s, 3 -ft wave heiehtl. Wave heights are shown in meters. dock that is less than 1.5 -ft or so.
sad
Of more importance than wave height, in this case, may be the wave period. The peak event has a 2.2 second
wave period, which is considered relatively short. A large vessel such as the Tustumena should not experience
significant movement from short period waves that are less than 2 -ft high. However, long period waves (generally
defined as waves with a period greater than 4 -6 seconds) entering a harbor basin can cause undesirable
movements for moored vessels of this size due to the back and forth seiching or sloshing motion.
The background conditions offshore can produce long period waves at SMIC when wind conditions are relatively
calm. Analysis of NOAA buoy data show the average swell conditions offshore in the Gulf of Alaska (with the wind
less than 5m /s), had significant wave heights of 0.42m (1.4ft) and wave period of 9.8 seconds. This long period
wave was modeled in SWAN and resulted in a 0.1m (0.3 ft) long period wave at the Syncrolift dock. This alone, is
considered a fairly normal, albeit not - ideal, condition as the SMIC basin is currently configured.
Long period waves are known to be problematic at the SMIC site. The City staff has reported issues with these
wave surges causing difficult loading conditions on calm days at the Travel -lift dock, located adjacent to the
Syncrolift facility. The seiching action will cause a loading vessel to float back or forward of the slings when
attempting to load /lift.
The heaving period of the Tustumena is estimated to be roughly 5.8 seconds, meaning (ignoring other factors such
as wave height, interacting waves, wind, etc. ) a wave with a period of at least that would be required to cause a
heaving force significant enough to move the vessel.
Wave agitation within harbors is often the result of many interacting sources. In addition to locally wind -
generated waves, waves caused by vessels, long- period waves from ocean swell, and harbor resonant oscillations
may contribute to confused water motions. Due to the fact that there is no breakwater on the west side of the
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R &M CONSULTANTS, INC.
Seward Marine Industrial Center 9101 Vrnguertl Dr. Anchorage, AK 99507
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Skov ■ Syncrolift Dock Damage Assessment
harbor and the many reflecting vertical walls on the south, southwest and north sides of the harbor, the long
period swells can enter the harbor and the water is often set in motion within the basin and continues to slosh
back and forth at its natural period.
Considering these wave interactions, it is likely that the resultant wave at the Syncrolift dock had a wave period
that was lower than the 9.8 second background wave and therefore closer to the Tustumena's 5.8 second heaving
period. The closer the wave period is to the vessel's resonant period, the greater the amplitude that the vessel
may oscillate (similar to harmonic motion).
4. Structural Assessment
Determination of the actual forces imparted on a structure by a moored vessel under adverse conditions is a
complicated process involving a multitude of variables. It is significantly more difficult than predicting berthing
forces since, in the latter, you begin the analysis with an estimated approach velocity and angle, eliminating
several variables. Complicating the berthed vessel assessment are several factors:
1. The response of the buoyant vessel to the estimated wave environment.
2. The tension in the mooring lines (breasting and spring lines). Since the water level (tide) changes very
quickly in Seward, mooring lines may go slack on rising tide. More slack in the mooring results in more
opportunity for the vessel to respond to the waves and deliver greater forces to the fender system. At a
low tide, the vertical angle of the mooring line may also impact forces, as a high vertical angle is less able
to hold the vessel snug against the fender system allowing greater vessel movement.
3. The angle of the wave impact on the vessel. If the wave were directly abeam, a vessel moored to the dock
would more likely respond with movement normal to the face of the dock, that is, the vessel would
impact all the fenders more or less equally. Waves approaching from an angle would produce a yawing
motion of the vessel, rotation of the vessel about a vertical axis through its center of gravity, i.e. the bow
and stern impacting the dock at different times. This could be the case herein, where the damage is
primarily concentrated on the west end of the mooring. The bow and stern line tension and size might
also interact with the wave /wind environment, increasing the response though a dynamic effect of
multiple inputs.
4. It is also difficult to predict the wave angle due to the fact that the SMIC basin is bordered by several
vertical walls at different angles, and the waves reflecting off of those walls may return to the berthing
site and create a confused sea state, as discussed in the Wave Analysis section.
All of these variables are difficult to assess, especially with very little actual information on the specifics of the
moorage plan. We have instead looked at the condition and capacity of the fender system to compute expected
available resistance to determine if that could be reasonably exceeded by the moored vessel.
Observation of the fender piles, both existing piles and remnants of the damaged fenders, at a low tide
(approximately +3' MLLW) identified the following:
1. The fender piles were significantly worn, nearly half through, looking more like a half -round rather than a
round pile. This wear has occurred as a result of vessel abrasion over the life of the fender pile.
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4,1 R&M CONSULTANTS, INC.
r Seward Marine Industrial Center 9101 Vanguerd Or. Anchorage, AK 99907 k,
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Syncrolift Dock Damage Assessment
2. The piles had significant deterioration at about the +3' MLLW due to marine borers and decay.
3. The piles fractured at about +3' MLLW. This elevation is also the attachment point of the lower wale. The
hole drilled for the bolted wale attachment would reduce the strength of the pile. The hole, if not
properly treated, would also allow entry of marine organisms resulting in increased deterioration of the
wood.
Our analysis assumed:
1. The fender piles were originally supplied per ASTM D -25 standard for timber piling. Observing
approximate 15" diameter pile butts at the dock, based on ASTM D -25, we estimated the diameter of the
timber piles at +3' MLLW to be 12.5 ".
2. The fender piles are Douglas Fir Larch with an allowable bending stress of 2450 psi. In determination of
the maximum load before failure, a load duration factor of 1.6 was applied to increase the bending stress
for short term loads.
3. The Tustumena has a reinforced sponson, or stabilizing fin, approximately 7' to 8' above the water line
that would be the fender contact point. The fender was assumed to be loaded at approximately +8'
MLLW.
4. The top of the dock (supporting top of fender pile) is at +20' MLLW and the mud line is at -20' MLLW.
Timber fender piles are generally installed with 15' embedment and the pile was assumed to be pinned 5'
below the mud line.
5. A fender element is comprised of 2 adjacent piles.
Using these assumptions, we determined that:
1. A fender element in good condition would have been damaged by an impact load of 14,000 pounds
applied at the +8 MLLW elevation.
2. A fender element, worn 50% through, would be damaged by an impact load of 3,500 pounds applied at
the +8 MLLW elevation.
As we noted, deterioration of the piles due to decay at the +3' MLLW zone was significant. We expect the actual
capacity of a single fender element would be exceeded by an impact load significantly less than 3,500 pounds. The
fender piles are bridged by steel beam wales which would distribute the Toad to adjacent piles, so the actual
capacity to a point load would be higher. The wale beams were about 41 -ft long and were bolted end to end along
the length of the dock. The connection might be adequate to transfer the shear load, but would not likely
distribute bending moments, so load distribution would be somewhat diminished. If we assume the load
distributed over the 41 -ft section, in a triangular distribution (i.e. maximum deflection at one end and zero
deflection at other end) the fender would have resisted:
1. Fender elements in good condition would resist an impact load of 53,000 pounds applied at +8 MLLW.
2. Fender elements in the worn half -round condition would resist an impact load of 14,000 pounds applied
at +8 MLLW.
11
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R &M CONSULTANTS, INC.
Seward Marine Industrial Center 9901 Vanguard Dr. Anchorage, AK 99807 f-
907 522 1707 volae • 907 522 3403 fax 1
Syncrolift Dock Damage Assessment
SONY Again, the deterioration due to decay observed would reduce the computed 14,000 pound capacity significantly.
Both of these loads are in the realm of possible forces that could be imparted by the Tustumena as affected by the
long period waves with a loose moorage, although, the fender system was in poor condition which significantly
contributed to the damage.
5. Summary
From the damage assessment, it is important to point out:
• Six fender elements, each including 2 fender piles , were observed to be broken.
• The broken fender elements were located adjacent to each other and at the end of the dock.
• The fenders piles that broke were attached to the same wale system, of which the lower two wales were
missing.
• The majority of the broken piles appeared to break at approximately the same elevation (approx. +3 -ft
elevation), nearly the same elevation as the missing lower wale.
• The bolt that attaches the fender pile to the wale reduces the pile section further at the break location.
• Many of the piles were worn partway through and had evidence of decay.
• The assessment was conducted on a calm day and a 0.5 to 1 -ft high, 8 -10 second period wave was
observed.
An analysis of wind events and resulting waves expected at the SMIC harbor was performed for the time period
" that the Tustumena was reported to be docked at the facility. Due to the exposure of the SMIC harbor, the
existing conditions associated with the basin configuration and reflective surfaces surrounding the basin, it is
difficult to ascertain, without going through sophisticated computations and modeling, the exact wave that may
have been experienced at the Syncrolift facility. However, the wind events recorded during the timeframe that
the Tustumena was at dock were not unusual and produced waves in the harbor that are considered typical of the
conditions that may be experienced somewhat more frequently than once per year.
Although the wave heights produced during these events were not excessive, shorter height long period waves
are known to be problematic at the SMIC site. Because the harbor is not sufficiently protected from long period
swell, the resulting seiching motion in the harbor can cause significant unwanted vessel motions under normal
weather conditions.
Wave agitation within harbors is often the result of many interacting sources. In addition to locally wind -
generated waves, waves caused by vessels, long - period waves from ocean swell, and harbor resonant oscillations
may contribute to a confused water motions.
Given the difficult interacting wave, swell, and reflecting wave conditions within this particular harbor, as well as
the numerous unknowns with respect to how the vessel was tied up, the level of the tide at the time the damage
occurred, and other factors, it is difficult to determine what the resulting forces might have been during this
event. Therefore, the structural assessment focused on the condition and capacity of the Syncrolift's fender
system to compute expected available resistance and determine if that could be reasonably be exceeded by the
Tustumena while moored at the facility. The results indicated that for the Tustumena, considering the sponson
impacting the fenders at +8ft:
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R &M CONSULTANTS, INC.
Seward Marine Industrial Center 9101 van Or. Anohora AK 99807 .'
' i 907 6B8 1707 votae .907 Betz 3403 fex
Syncrolift Dock Damage Assessment
1. A fender element (pile pair and rubber unit) in good condition would have been damaged by an impact
load of 14,000 pounds and a fender element, worn 50% through, would be damaged by a 3,500 pound
load. This considers the fender element independently from the others.
2. When considering the connected fender and wale system, fender elements in good condition would resist
an impact Toad of 53,000 pounds, whereas fender elements in the worn half -round condition would resist
an impact load of 14,000 pounds. Although, the fender piles were observed to be slightly more than half -
round, deterioration due to decay was also observed which would reduce the computed 14,000 pound
capacity.
It would take 6 times 3,500 lbs or 21,000 pounds (or 6 x 14,000 lbs = 84,000 lbs) to break all 6 pile pairs (12 piles)
at the same time with uniform contact across all piles. It is unlikely that uniform contact scenario would occur
unless the vessel was tied tight against the fender system. It is more likely that there was slack in the mooring
lines and the contact was non - uniform and the damage occurred over multiple "hits" in sequence that broke a
fender element at the end of the row of fenders first. The next hit would break one or two more elements with a
subsequent wave /surge, and so on, until all 6 fender elements were broken. Because most of the piles broke at
the same elevation ( +3 ft), it is likely that the damage occurred by the same vessel during a single event (i.e., over
a short period of time before the tide changed significantly)
Although the damage could have been caused by the Tustumena when it was moored at the facility with long
period waves and loose moorage, our observations and calculations indicate that the fender system was in poor
condition which significantly contributed to the damage. Fender systems sustain a lot of abuse, and timber
systems are subject to decay, therefore they require periodic maintenance and replacement, or in this instance,
are subject to damage or destruction.
13
Sponsored by: Hunt
CITY OF SEWARD, ALASKA
RESOLUTION 2013 -025
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING PAYMENT IN THE AMOUNT OF $60,000 TO
CONTRIBUTE TO THE HIRING OF A CHIEF EXECUTIVE OFFICER FOR
ALASKA RAILBELT COOPERATIVE TRANSMISSION ELECTRIC
COMPANY, AND APPROPRIATING FUNDS
WHEREAS, a regional generation and transmission (G &T) cooperative is proven to be
financially optimal for the residents of the Railbelt in state sponsored studies; and
WHEREAS, having a regional G &T would lower and stabilize energy costs; and
WHEREAS, the City of Seward, along with other Railbelt utilities, formed the Alaska
Railbelt Cooperative Transmission and Electric Company (ARCTEC) to serve that purpose; and
WHEREAS, the hiring of a Chief Executive Officer enables ARCTEC to pursue financial
independence; and
WHEREAS, each utility belonging to ARCTEC is contributing an equal share to the hiring
Sow of the CEO.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. The City Manager is hereby authorized to contribute $60,000 from account 501-
5400 -5130 in 2013.
Section2. Funding in the amount of $60,000 is hereby appropriated from the electric retained
earnings, to the contracted services account no. 501 -5410 -5390.
Section 3. This resolution shall take affect immediately upon its adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 8 day
of April, 2013.
\L\
Council Agenda Statement
! OF %It,
Meeting Date: April 8, 2013 u ;� a
Through: City Manager Jim Hunt .: 40744
mir
From: Electric Utility Manager John Foutz
Agenda Item: Contribute $60,000 in 2013 to ARCTEC to hire the selected candidate for
Chief Executive Officer
BACKGROUND & JUSTIFICATION: Following the recommendations of an Alaska Energy
Authority (AEA) sponsored Study for 2008 six utilities worked together and formed the Alaska
Railbelt Cooperative Generation and Transmission Company (ARCTEC) in 2010. The study
recommended this effort finding that a regional Generation & Transmission cooperative (G &T) was
necessary to lower costs to the residents and businesses. Seward was among the 5 original founding
members of ARTEC. Up to now Joe Griffith, from Matanuska Electric Association (MEA), has
been the acting Chief Executive Officer of ARCTEC. The next step for ARCTEC to become a G &T
is to hire a CEO to facilitate financial independence. The representatives of all ARCTEC member
utilities have selected a candidate for the CEO position and would like to extend an offer for hire.
Each utility will be contributing $60,000 each year for the 2013 salary and expenses of the CEO.
INTENT: For the Seward Electric Utility to be authorized to contribute $60,000 for the CEO
position in ARCTEC so the cooperative can facilitate financial independence.
CONSISTENCY CHECKLIST: Yes No N/A
1. Comprehensive Plan (document source here): 3.7.3.1 and 3.7.3.2 X
2. Strategic Plan (document source here): X
3. Other (list): X
FISCAL NOTE: The funds for this have not been allocated in the 2013 budget. Funding for this
will come from electric reserves. This expense may become a recurring annual cost of the electric
utility.
Approved by Finance Department: id
ATTORNEY REVIEW: Yes No X
RECOMMENDATION:
Council approve Resolution 2013 - fl authorizing the allocation of funds to contribute to
ARCTEC for the salary and expenses of a CEO in 2013.
is
James Herbert
POB 1461
Seward, AK 99604
907- 224 -8000
jherbert @seward.net
March 9, 2013
The Seward City Council
Through the City of Seward Clerk
POB 167
Seward, AK 99664
RE: PWS Regional Citizens Advisory Council
Dear City Council Members:
Please consider my interest in representing the City of Seward as a Director on
the Prince William Sound Regional Citizen's Advisory Council (RCAC). With Mr.
French's resignation form the Council, I understand you are seeking a
replacement so that the city can continue its involvement starting with the May
2013 meeting.
Mr. French has served on the RCAC for ten years as the city's representative.
His academic background has proved an important source of information to
guide the work of the council to promote environmentally safe operation of the
Alyeska Pipeline marine terminal in Valdez and the oil tankers that use it. He has
served not only on the Board of Directors but as Chairman and member of many
committees. He has a broad vision of the role of the RCAC and helped guide it
over his long tenure. He is a difficult person to replace.
His predecessor was Dennis Lodge who also served as a Director for ten years.
Mr. Lodge was my boss for many of the years 1 worked in the Maritime
Department at Alaska Vocational Technical Center (AVTEC). He shared many of
his accomplishments and at times his frustrations with the work of the RCAC.
This gave me insight into the workings of this organization.
As a commercial fisherman, I was personally affected by the 1989 Exxon Valdez
Oil Spill and welcomed the establishment of the RCAC and the provisions of the
Oil Pollution Act of 1990. 1 have followed the various personalities and projects
associated with the Council over the years via conversations with people like Mr.
French and Mr. Lodge and also by reading the RCAC quarterly newsletter and
web site. I also know several current Board members and two RCAC staff.
Slaw
My background is as a commercial fisherman primarily in the Kodiak, Cook Inlet,
and Gulf of Alaska fisheries beginning in 1971. I have also served in other
capacities statewide as a mariner holding both a USCG Master's license and
Merchant Mariner's document. I taught in the Marine Department at AVTEC for
15 years. While not a large ship mariner, 1 have an understanding of many
aspects of that realm including electronics, towing assist, manning, ship handling,
tanker regulations, loading, stability, training, safety, etc. I feel comfortable talking
about the US Coast Guard process of overseeing the various aspects of the
American maritime industry.
1 have helped create the curriculum that is used by the Alyeska Ship Escort
Response Vessel System (SERVS) to train fishing vessel crews that would
respond to a spill of North Slope crude oil in PWS and downstream. I have
helped teach those captains in the past and for more than ten years have been
part of the team of Seward vessels that are ready to respond in the event of
major oil spill. 1 have participated in on water training in PWS as well as
Resurrection Bay. The fishing vessel coordinators and captains from other
communities in the region and I have worked together to fairly represent the
fishing vessel response fleet with regards to Alyeska on an annual basis.
I understand the natural history of the region and value it highly. It is a fact that
Seward is downstream from any significant oil spill in PWS. The impact on our
tourist and fishing industry would be significant. We would also be a major port to
respond to such a disaster. I would be sure to represent our interests.
I know replacing Mr. French with his dedication and knowledge will be very
difficult. I am willing to commit myself to the 3-4 annual Board of Director
meetings and initially participate in at least one of the Committees most likely the
Oil Spill Prevention and Response Committee. If I feel it is beneficial to the city,
and if I can contribute,. I will consider joining other committees. Depending on
your wishes, 1 can make oral or written reports on the Board meetings I attend.
I am ready to discuss this appointment with you.
Thank you for your consideration.
Sincerely yours,
/J im Herbert
yof SEA
ci ,�'' 9•p
NOTICE TO THE PUBLIC T ''
q �ASK P
NOTICE IS HEREBY GIVEN that the Seward City Council will appoint a
representative of the City of Seward to the Prince William Sound Regional
Citizens' Advisory Council (PWSRCAC) to serve a two year term.
This representative can expect to devote an average of ten (10) hours per month
on PWSRCAC business. The full Board conducts three 2 -day meetings each year
in January, May and September. In addition, annual budget and planning
meetings are held, as well as special meetings for committees and /or work groups.
The term for this representative will expire in May, 2015.
Any citizens interested in serving on the PWSRCAC may submit a letter of interest to the City Clerk
no later than Friday, March 29, 2013 by 5 p.m. The Seward City Council will appoint a member to
Sl.w this organization at the April 8, 2013 City Council Meeting, which will begin at 7:00 pm in the
Seward Council Chambers.
For more information, please contact the City Clerk's office at 907 - 224 -4046.
PUBLISHED: Will be published in the Seward Phoenix Log on Thursday, March 7 & 14, 2013.
(PO# 103343 -00)
POSTED: Monday, February 25, 2013
City Hall Bulletin Board
U.S. Post Office
Harbormaster's Office
Saw
�CATI
1 of set
q �ASK P
M emo
To: Honorable Mayor & Council members
Thru: Jim Hunt, City Manager
From: David Squires, Fire Chief /Building Official Wtr—
Date: 3/29/2013
Re: I -codes review and discussion on residential sprinklers
Nwol
Attached to this memo is each I -code we have introduced for introduction and the
residential code which is being delayed for introduction. Each code has proposed
changes, if the change is a local amendment then there is italic text explaining the
amendment and /or how the amendment will read in the adopted version. Hopefully
Council and the public will gain a better understanding of the proposed amendments.
The 2012 International Residential Code (IRC) we will be proposing has only local
amendments. The only "State" adoption comes from the Alaskan Housing Finance
Corporation which has no enforcement powers.
In the 2012 IRC there are provisions /requirements for residential sprinklers in new
construction for townhouses and 1 — 2 family dwellings (Section R 313.1 & Section
313.2). These sections require residential sprinklers in all structures regardless of
size. There are exceptions in each section for existing buildings concerning additions
or alterations, that a sprinkler system is not required. Because of a State Statute we
are required to do specific tasks if /when we are considering requiring residential
sprinklers. Since they are laborious in nature, we want to ensure Council has the
facts to make an informed decision on this issue.
We feel the requirement of having all new residential construction have sprinklers
would be detrimental to new development. We are proposing to require residential
sprinklers in structures (1 -2 dwellings & townhouses) that exceed 3,601 square feet.
Most of these structures are wood frame construction (V -B). Our reasoning for
selecting this square footage is this is where our fire flow requirements for this size of
structure and type of construction changes from 1500 gallons per minute for two
hours to 1750 gallons per minute for two hours (Ref: IFC Appendix B Table B105.1).
Currently our water system can supply around 1200 gallons per minute without
impacting the neighborhoods very much. As we draw on the system to supply more
water to fight a fire, the Tess pressure will be available to push the water to other
neighborhoods. By putting sprinklers in these large structures or additions, we
effectively reduce the impact on the water system. If we do not require sprinklers in
these structures then not only will the water system be impacted we will also need to
increase our ability to carry more water to the scene with water tankers. More
vehicles being put into the Fire Department's inventory will require another building to
store them in and more personnel.
Council and the public have choices in this matter. Some of these could be: (1) we
can require larger buildings be self- protected and thereby start minimize the impact
they have on the City's infrastructure. (2) We can start adding to our infrastructure,
rebuilding our water system and adding to the fire department.-(3) Do nothing to meet
potential growth.
• Page 2
VAC\
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12.05.031 International Mechanical Code - Adopted.
a) The 2012 edition of the International Mechanical Code, including appendix chapters
listed in subsection (b) below, published by the International Code Council is hereby
designated and shall be known as the Seward Mechanical Code and shall constitute the
laws of the city relating to mechanical systems. Although not published in full in this
section, all of the provisions of the International Mechanical Code and the appendices
cited shall be and are hereby adopted by reference to the same extent as if set forth in full
herein, except to the extent that the International Mechanical Code is amended by or in
conflict with this code or any relevant ordinance later adopted, in which case the
provisions of this code shall apply.
b) The following revisions are made to the International Mechanical Code 2012 Edition,
hereinafter sometimes referred to as the IMC in its application as the Seward Mechanical
Code.
(1) The IMC Chapters 1 -15 and Appendix A (2012 edition) are adopted by reference
to regulate the design, installation, maintenance, alteration and inspection of
mechanical systems that are permanently installed and utilized to provide control
of environmental conditions and related processes within buildings, with the
following revisions: This adopts all of the chapters of the IMC and also adopts
Appendix A Combustion Air Openings and Chimney Connector Pass - Throughs.
Appendix A shows different illustrations of combustion vents and chimney
connections.
(2) *The IMC is revised by deleting all the references to the "ICC Electrical Code or
NFPA 70" and replacing them with "Electrical Code as adopted by 8 AAC
70.025, as amended as of October 16, 2012 and as amended from time to time."
(3) *The IMC is revised by deleting all the references TO THE INTERNATIONAL
FUEL GAS CODE, with the exception of chapters 6 and 7 (of the "International
Fuel Gas Code ") and all references to the "International Plumbing Code" and
replacing them with "Plumbing Code as adopted by 8 AAC 63.010, as amended
as of February 23, 2011 and as amended from time to time." The local change is
changing the location of the title "International Fuel Gas Code ".
(4) *Chapter 1 of the IMC is revised by deleting Sections 103, 104, 106 -108 and 110
and references to the International Existing Building Code "IEBC" and the
International Energy Conservation Code "IECC." This is a State change; the local
change is the deletion of the "Existing Building Code" which is not considered
for adoption.
(5) Chapter 1, Section 109 (Means of Appeal) of the IMC, is amended to reflect
Seward City Code (SCC) 9.15.112. This change eliminates the Board of Appeals
as written in the code and replacing it with the procedure outlined in Seward City
Code 9.15.112. This procedure is used on all of our adopted codes.
1
(6) *Chapter 3, Subsection 301.6 (Fuel gas appliances and equipment) of the IMC, is
�1r► revised by deleting the words "fuel gas distribution piping and equipment" and
"fuel gas fired appliance venting systems."
(7) *Chapter 3, Section 303.3 (Prohibited Locations) of the IMC, is revised by
deleting the words "of the International Energy Conservation Code" from the
second sentence of exception 3;
(8) * Chapter 3, Subsection 304.9 (Clearances to combustibles construction) of the
IMC, is revised to read: "Clearances to combustible construction. Heat- producing
equipment and appliances must be installed to maintain the required clearances to
combustible construction as specified in the listing and manufacturer's
instructions. These clearances may be reduced only in accordance with Section
308 of the IMC. Certain unlisted, heat - producing equipment shall be allowed if
the equipment is installed in a manner so as to maintain the clearances to
combustible construction specified in Table 308.6 "Clearance Reduction
Methods ", of this Code. Clearances to combustibles must include considerations
as door swing, drawer pull, overhead projections or shelving and window swing,
shutters, coverings, and drapes. Devices such as doorstops or limits, closers,
drapery ties, or guards, may not be used to provide the required clearances."
(9) *Chapter 3, Subsection 304.9 of the IMC, is revised by amending Table 304.8 and
304.9 to read:
"Table 304.8 STANDARD INSTALLATION CLEARANCES, IN INCHES
FOR CERTAIN UNLISTED HEAT- PRODUCING APPLIANCES"
"Table 304.9 CLEARANCES IN INCHES, WITH SPECIFIED FORMS OF
PROTECTION"
(Insert and renumber tables from current code section) This is a State
change. The table numbers were changed to reflect a change in narrative. The
tables are missing from the proposed changes and they will be added to the
ordinance.
(10) *Chapter 3, Section 308.5 of the IMC, is revised by adding the following to the
end of the sentence: "and the manufacturers' specifications."
(11) *Chapter 3, Section 312.1 (Load Calculations) of the IMC, is revised by deleting
the words "using the design parameters specified in Chapter 3 of the International
Energy Conservation Code."
(12) *Chapter 4, Section 403.3 (Ventilation rate) of the IMC, the first sentence is
revised to read: "Ventilation systems must be designed to have the capacity to
supply the minimum outdoor airflow rate required in Table 403.3 "Minimum
2
Mb.
Ventilation Rates" based in the occupancy of the space and the occupant load or
other parameter as stated herein, or in accordance with the American Society of
Heating, Refrigeration and Air Conditioning Engineers (ASHRAE) Standard 62
(2010 Edition) as adopted by reference."
(13) *Chapter 5, Section 514.1 (General) of the IMC, is revised by deleting the second
sentence and replacing it with "Energy recovery ventilation systems must be
installed according to the manufacturer's instructions and specifications."
(14) *Chapter 8, Section 804.1 (Direct vent termination) of the IMC, is revised by
adding a second sentence "Combustion vents for direct vent chambers are at least
three foot high or provide snowdrift prevention."
(15) *Chapter 9, Section 907.1 (General) of the IMC, is revised by adding a second
sentence to read "Commercial standard UL 2790 may be accepted as an
alternative to UL 791 and residential standard UL 508 and UL 698 may not be
acceptable as an alternative to UL 791."
(16) *Chapter 9 (Specific Appliances, Fireplaces and Solid Fuel- Burning Equipment)
of the IMC, is revised by adding Section 929 to read:
"SECTION 929 UNVENTED ROOM HEATERS.
929.1 General. Unvented room heaters shall be tested in accordance with
American National Standards Institute (ANSI) Z21.11.2 (2011 Edition), adopted
by reference and may be installed in accordance with the conditions of the listing
and the manufacturer's installation instructions.
929.2 Prohibited use. One or more unvented room heaters may not be used as the
sole source of comfort heating in a dwelling unit.
929.3 Input rating. Unvented room heaters may not have an input rating in
excess of 40,000 Btu/h (11.7 kW).
929.4 Prohibited locations. Unvented room heaters may not be installed within
Group A, E, or I Occupancies. These appliances may not be located in, or obtain
combustion air from, any of the following rooms or spaces:
(1) Sleeping Rooms;
(2) Bathrooms;
(3) Toilet rooms;
(4) Storage closets;
(5) Surgical rooms.
Exceptions:
3
•4J4�
(1) A single wall - mounted unvented room heater equipped
,fir with and oxygen depletion safety shutoff system and
installed in a bathroom provided the input rating does not
exceed 6000 Btu per hour (1.76 kW) and the bathroom is
not a confined space.
(2) A single wall- mounted unvented room heater equipped
with and oxygen depletion safety shutoff system and
installed in a bedroom if the input rating does not exceed
10,000 Btu per hour (2.93 kW) and the bedroom is not a
confined space.
929.5 Room or space volume. The aggregate input rating of all unvented
appliances in a room or space may not exceed 20 Btu /h per cubic foot of volume
of the room or space. Where the room or space in which the equipment is
installed is directly connected to another room or space by a doorway, archway,
or other opening of comparable size that cannot be closed, the volume of such
adjacent room or space may be permitted to be included in the calculations.
929.6 Oxygen- depletion safety system. Unvented room heaters shall be equipped
with an oxygen - depletion- sensitive safety shutoff system. The system shall shut
off the gas supply to the main and pilot burners when the oxygen in the
surrounding atmosphere is depleted to the percent concentration specified by the
manufacturer, but not lower than 18 percent. The system may not incorporate
field adjustment means capable of changing the set point at which the system acts
'Ili,,v to shut off the gas supply to the room heater.
929.7 Unvented log heaters. An unvented log heater may not be installed in a
factory -built fireplace unless the fireplace system has been specifically tested,
listed, and labeled for the use in accordance with Underwriters Laboratories (UL)
127. ";
(17) *Chapter 10, Section 1001.1 (Scope) of the IMC, is revised, with the exceptions
remaining, to read: "Scope. This chapter governs the installation, alteration, and
repair of boilers, water heaters, and pressure vessels not subject to the provisions
of the department of labor and workforce development under AS 18.60.180-
18.60.395."
(18) Chapter 10, Section 1001 (General) of the IMC is revised by adding a new section
1001.2 to read: "Boilers, water heaters and pressure vessels installed in
accordance with this chapter shall be braced, anchored or strapped to resist falling
or horizontal displacement due to seismic activity or flooding conditions." This
change adds the section above to the code. We proposed this change to cover the
requirements FEMA has for a flood ready /tsunami ready community. Having this
covered in the code means we will have the power to require compliance.
4
(19) *Chapter 10 of the IMC is revised by deleting Section 1011.
Nod
(20) *Chapter 14 (Solar Systems) of the IMC, is revised by deleting the body of the
chapter and inserting a new Section 1401 to read: "General. Solar energy
equipment and appliances must be installed in compliance with the Solar Energy
Code as adopted by 8 AAC 63.010, as amended as of February 3, 2011 and as
amended from time to time."
(21) *Chapter 15 (Reference Standards) of the IMC, is revised by adding or changing
the referenced standards from the publication date listed to the following edition,
and these standards are adopted by reference:
NFPA 13 -2013 Installation of Sprinkler Systems;
NFPA 72 -2013 National Fire Alarm Code
NFPA 96 -2011 Ventilation Control and Fire Protection of Commercial
Cooking Operations.
5
S—L\
12.05.011 International Building Code Adopted
�Irr
A. The International Building Code, Chapters 1 -12, 14 -28, 30 -35, and Appendix C, 2012 Edition approved and
published by the International Code Council, is hereby designated and shall be known as the Seward Building
Code and shall constitute the laws of the City relating to building regulation. Although not published in full in
this section, all provisions of the International Building Code, 2012 Edition, except as provided in subsection D
of this section, shall be and hereby adopted by reference to the same extent as if set forth in full in this section,
except to the extent that the International Building Code shall be in conflict with this code or any relevant
ordinance later adopted, in which case the provisions of this code shall prevail.
B. The City of Seward shall possess three copies of the City designated edition of the International Building
Code, for public use, inspection and examination, so long as the provisions thereof remain in force.
C. It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, remove, convert,
demolish, or equip any building or structure in the city, or cause or permit the same to be done, contrary of any
provision of the provisions of the International Building Code adopted and incorporated as the Seward Building
Code by this section.
D. The International Building Code (IBC), 2012 Edition, adopted in Subsection A of this section, Chapters 1-
12, 14 -28, 30 -35, and appendix C, are adopted by reference to regulate all occupancies and buildings with the
following revisions:
1) *The IBC, is revised by deleting all references to the "ICC Electrical Code or NFPA 70" and replacing
them with "Electrical Code as adopted by 8 AAC 70.025, as amended as of October 16, 2012 and as
amended from time to time"
2) *The IBC, is amended by deleting all references to the "International Fuel Gas Code" with the exception
of Chapters 6 & 7 and all references to the "International Plumbing Code" and replacing them with
"Plumbing Code as adopted by 8 AAC 63.010, as amended as of February 23, 2011 and as amended
from time to time ".
3) *Chapter 1 of the I.B.C. is amended by deleting Section 101.4.4 Property Maintenance in its entirety.
4) Chapter 1 of the IBC Section 101.4.6 Energy, is adopted as reference.
5) Chapter 1 of the IBC Section 102.6 Existing Structures, is amended by deleting "the International
Property Maintenance Code or" from the section.
6) Chapter 1 of the IBC Section 103 Department of Building Safety is amended by deleting the title and the
entire paragraph and replacing it with "Section 103 BUILDING DEPARTMENT. 103.1 General: The
official in charge of enforcing the provisions of this code will be known as the Building Official. 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
provisions shall be 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." This change
eliminates Section 103 of the code which states: Section 103 Department of Building Safety 103.1
Creation of enforcement agency. The Department of Building Safety is hereby created and the official in
charge thereof shall be known as the building official. Section 103.2 Appointment. The building office
shall be appointed by the chief appointing authority of the jurisdiction. Section 103.3 Deputies. In
accordance with the prescribed procedures of the 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. For the maintenance of existing properties, see the
International Property Maintenance Code. This change is one that has been changed since we have
been adopting the Uniforin or International codes to reflect city policies.
7) Chapter 1 Section 104.10.1 Flood hazard areas is amended by deleting the entire section and replacing
it with "The building official shall not grant modification to any provision required in a flood hazard
area as determined by Seward City Code Chapter 15.25 and a flood plain development permit for
construction is approved by Community Development ". This section was deleted because it conflicted
with a chapter of the Seward City Code. We felt there was no valid reason to double regulate building in
a flood zone and have the chance of a conflict while planning a project.
8) Chapter 1 Section 105.1 Permits is amended by inserting the phrase "if such work exceeds $1000 in
materials and labor expense," after the words "...or cause any such work to be done,' and before the
words "... shall first make application to the Building Official.... ". This change sets a dollar limit to a
project where below that limit no permit is required. The section will read: Section 105.1 Permits. Any
owner or authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or 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
code, or to cause any such work to be done, if such work exceeds $1000 in materials and labor expense,
shall first make application to the building official and obtain the required permit.
9) Chapter 1 Section 105. Work exempt from permit, Building 1.; is amended by deleting "120 square feet"
and replacing it with "200 square feet provided the structure meets other City ordinances ". This change
increases the square footage where a permit is not required. The section will read: Building: One- story
detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the
floor area is not greater than 200 square feet.(18.58 in2)
10) Chapter 1 Section 105.3 Application for permit is amended by deleting "department of building safety"
and replacing it with "Building Department ". This change is to reflect the change in a previous section —
103.
11) Chapter 1 Section 107.1 Exception is amended by adding the number "1." in front of "The building
official...". The addition of "2. U occupancies under 3000 square feet not offered for use by persons
other than the property owner or the owner's employees, not open to the public, and not containing
hazardous material in excess of those found in Tables 307.7(1) and 307.7(2), the building official is
authorized to waive the requirements of construction documents and other data from a registered design
professional provided the submitted construction documents and data are in clear compliance with the ,,d
requirements of this code ". This change started out as a State change which has been modified by staff
The City requires permits on structures over 200 square feet and /or involving over $1000 in materials
and labor expenses. This change eliminates the required stamp for U occupancy structures provided
they meet the criteria as stated.
12) *Chapter 1 Section 107.2.2 Fire Protection system shop drawings; is amended by adding the sentence
"A copy of the approved stamped plans are to be retained on site ".
Slaw
13) Chapter 1 Section 108 Temporary Structures And Uses; Section 108.1 General is amended by deleting
the word "Such.." in the second sentence and replacing it with "Temporary structure ... ". The sentence
is further amended by deleting "...180 days." and replacing it with "a calendar year. A temporary
structure permit can only be renewed for five calendar years on the same property." An additional
sentence is inserted before "The building official..." "Temporary uses shall be limited to time of service,
but shall not be permitted for more than 30 days ". This change was added to address the concern from
City Manager Oates and compromise with the Seward planning and Zoning Commission. The section
will read: "108.1 General. The building official is authorized to issue a permit for temporary structures
and temporary uses. Temporary structure shall be limited as to time of service, but shall not be
permitted for more than a calendar year. A temporary structure permit can only be renewed for five
calendar years on the same property. Temporary uses shall be limited to time of service but shall not be
permitted for more than 30 days. The building official is authorized to grant extensions for demonstrated
cause." The purpose of this change was to promote some incentive to make the temporary structure
permanent, while providing some income for improvement. This allows for the temporary structure to be
used throughout the calendar year, but for only five years on that property /site. The temporary use
permit is for thirty days, this would be used where the temporary use would normally require the
structure to have more exits, sprinklers, alarm systems, etc; which it may not have, but with conditions
the use can be * toy 14) Chapter 1 Section 109.2 Schedule of permit fees; is amended by deleting "the schedule" and replacing it
with "Table 1 -A Building Permit Fees... ". This addition of the fee schedule is put in for convenience.
The only change in the fee schedule was adding the 65% for plan reviews into the table.
TOTAL VALUATION FEE
TABLE 1 -A BUILDING PERMIT FEES
Total Valuation Fee
$1.00 to $500.00 $23.50
$501.00 to $2,000.00 $23.50 for the first $500.00 plus $3.05 for
each additional $100.00, or fraction thereof,
to and including $2,000.00
$2,001.00 to $25,000.00 $69.25 for first $2,000.00 plus $14.00 for
each additional $1000.00, or fraction thereof,
to and including $25,000.00.
$25,001.00 to $50,000.00 $391.25 for the first $25,000.00 plus $10.10
for each additional $1,000.00, or fraction
thereof, up to and including $50,000.00
'rk,,, $50,001.00 to $100,000.00 $643.75 for the first $50,000.00 plus $7.00
for each additional $1,000.00, or fraction
.,,,, ....._. .. Cl ,w
thereof, up to and including $100,000.00.
$100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60
for each additional $1,000.00, or fraction
thereof, up to and including $500,000.00. ,
$500,001.00 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus
$4.75 for each additional $1,000.00, or
fraction thereof, up to and including
$1,000,000.00.
$1,000,001.00 and up $5,608.75 for the first $1,000,000.00 plus
$3.15 for each $1,000.00, or fraction thereof.
Other Inspections and Fees
1. Plan review fee 65% of the permit fee
2. Inspections outside of normal business $47.00 per hour
hours...
3. Inspections for which no fee is specifically $47.00 per hour
indicated.
4. Additional plan review required by changes,
additions or revisions to plans (minimum charge - $47.00 per hour
one -half hour).
5. For use of outside consultants for plan
both
and inspections, or Actual Costs
c
14) Chapter 1 Section 110.3.3 Lowest floor; elevation is amended by deleting the entire section and replacing
with "In flood hazard areas the requirements of Seward City Code Chapter 15.25 shall be adhered to ". This
change was made to prevent conflict with the Seward City Code.
15) Chapter 1 Section 110.3.7 Energy efficiency inspections; is amended by deleting the section. This section
was deleted to follow the State lead and also since we have not adopted an energy code.
16) Chapter 1 Section 110.3.10.1 Flood hazard documentation; is amended by deleting the entire section and
replacing it with "Documentation required by Seward City Code Chapter 15.25 shall be submitted prior to
issuance of a permanent Certificate of Occupancy ". This requirement is covered by the Seward City Code
already in Title 15.
17) Chapter 1 Section 111.2 Certificate issued; is amended by revising "...are enforced by the department of
building safety,..." to "... are enforced by the building department,..." Change to reflect Section 103.
18) Chapter 1 Section 113 Board of Appeals; is amended by deleting the entire section and replacing it with "
113.1 General. 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 shall be in accordance with Seward City Code
Section 9.15.112. This change eliminates the section as written and replaces it with the procedures outlined in -
Seward City Code 9.15.112. This procedure is used on all of our adopted codes.
�5�
19) Chapter 1 Section 114.3 Prosecution of violations; is amended by adding the sentence "Prosecution of a
violation(s) shall conform to the requirements of AS 18.70.100." at the end of the existing last sentence. We
have added this sentence to give
20) Chapter 2 Section 202 Definitions; is amended by adding "Conex. Is a unit that (A) is used as a container to
rr ship products which also can be used as temporary storage structure when meeting the requirements of Section
108. (B); is used as a permanent structure complying with the requirements of this code and other adopted codes
of the municipality ". This definition was added to clear up what a conex is and the use of a conex.
21) *Chapter 2 Section 202 Definitions: Existing Structure (For Chapter 34); is amended by deleting the entire
section and replacing it with "A structure that (A) was erected before December 5, 1956; or (B) was erected
before the adoption of the 2012 International Building Code, 2012 International Fire Code, 2012 International
Mechanical Code and the 2012 International Fuel Gas Code, and complies with the building code regulations in
effect at the time of construction ".
22) Chapter 2 Section 202 Definitions: Existing Structure (For Chapter 34); is further amended by adding "2012
International Residential Code" after "2012 International Building Code ". We added the IRC because the City
adopts this code. It gives more latitude to the Building Official.
23) *Chapter 2 Section 202 Definitions: is amended by adding a new definition "Portable Mancamps. A
mancamp that is on a skid and wheels as a single unit and pulled by a vehicle without separating ".
24) *Chapter 2 Section 202 Definitions: is amended by adding a new definition "Relocatable Mancamps. A
mancamp that is disassembled and loaded on a trailer to relocate ".
25) *Chapter 2 Section 202 Definitions: FOSTER CARE FACILITIES is amended by adding a new definition:
4 "A home with an occupant load of over five that houses children under the age of 18, NOT RELATED TO
EACH OTHER, and are classified as R -3 occupancies."
26) *Chapter 2 Section 202 Definitions: is amended by adding a new definition "MOVED STRUCTURE.
Moving an existing building with work involving additions, alterations, or change of occupancy."
27) *Chapter 3 Section 305.2 Group E day care facilities; is amended after ".. by more than five children.." by
adding "including the children related to the staff," who are ...
28) *Chapter 3 Section 305.2 Group E day care facilities; is further amended by adding an exception to read:
" Exception: Family child care homes occupied as their primary residence (Group R -3) operating between the
hours of 6:00 a.m. and 10:00 p.m. may accommodate a total of 12 children, including children related to staff,
of any age without conforming to the requirements of this regulation (Group E occupancy), except for smoke
detectors and alarms described in Section 907.2.11.2, carbon monoxide detectors and alarms as specified in
Section 908 and ACC 18.70.095, whichever is most strictest applies, means of egress requirements of Section
1003, including emergency escape openings as required by Section 1029 for napping and sleeping rooms, and
fire extinguisher requirements as described in the International Fire Code ".
29) *Chapter 3 Section 308.3 Institutional Group I -1; is amended by adding "Facilities within this occupancy
classification that have occupants needing physical assistance to respond in emergency situations must comply
with Section 427" after "capable of self preservation ".
'tiro"
30) *Chapter 3 Section 308.3 Institutional Group I -1; is amended by adding " Section 308.3.3 A child care
facility that provides on a 24 -hour basis to more than five children of two and half years of age or less,
including children related to the staff, shall classified as 1-2."
30) *Chapter 3 Section 308.4.1 Institutional Group I -2, Five or fewer persons receiving care: is amended by '
adding in the first sentence "including persons related to the staff," after ..the above with five or fewer persons.
31) *Chapter 3 Section 308.6.4 Institutional Group I -2, Five or fewer persons receiving care in a dwelling unit:
is amended by adding to the first sentence "including persons related to the staff' after "custodial care ".
32) *Chapter 3 Section 310.1 Residential Group R: is amended by adding the sentence "For facilities within this
occupancy classification that have occupants needing physical assistance to respond in emergency situations,
see Section 427." at the end of the section.
33) *Chapter 3 Section 310.2 Definitions: is amended by adding the definition of "Foster home ".
34) *Chapter 3 Section 310.6 Residential Group R -4; is amended by adding a new section "310.6.1 Foster
homes: Once a provider takes in six or more (non - related) children, the occupancy is defined as an R -4,
otherwise the occupancy is R -3."
35) *Chapter 4 Section 406.3.4 Separation paragraph 1 is amended by deleting "1/2 inch (12.7 mm) gypsum
board" and replacing it with "5/8 inch (15.88 mm) Type X gypsum board ".
36) *Chapter 4 Section 412.4.1 Exterior walls: is amended by deleting "30 feet (9,144 mm)" and replacing it
with "20 feet (6,098mm) ".
37) *Adding Chapter 4 Section 425 Special Security Requirements for Elevated Buildings.
38) *Adding Chapter 4 Section 426 Occupants Needing Special Assistance (Groups I -1, I -2 & R -4).
39) *Chapter 5 Section 504 General building heights and areas: is modified by adding a new section; "Section
501.3 Location on property: Buildings must adjoin or have access to a permanent public way or yard on not less
than one side. Required yards by this section must be permanently maintained."
40) *Chapter 5 Section 504 Building Height: is amended by adding a new section 504.4: "Section 504.4 Day
care facilities: Facilities that are operated in a primary residence (Group R -3) between the hours of 6:00 am and
10:00 pm and accommodating up to 12 children, including those related to the staff, of any age may use the
second story of the building without providing an automatic sprinkler system, or complying with Table 508.4,
Table 602 and Type VA requirements set out in Table 503, if all other applicable legal provisions for a Group E
occupancy are met."
41) *Chapter 5 Table 509 Incidental Accessory occupancies: is amended by changing the wording in the first
block under the left column to read: "Furnace rooms in Group E, I, and R -1,R -2 and R -4 occupancies
regardless of BTU input, and furnace rooms of all other occupancies where the largest piece of equipment is
over 400,000 Btu per hour input. ".
42) *Chapter 6 Table 602 Fire Resistance rating requirements for exterior walls based on fire separation
distance: add footnote h to read "Combination shops related to an educational facility shall be considered an F -1
occupancy and shall be separated from the E occupancy according to this table. ";
43) *Chapter 6 Section 603.1.3 Electrical is amended by adding "Section 603.1.3.1 Electrical weatherheads
should be installed on the gable ends when a metal roof is installed. ";
44) *Chapter 7 Section 705.2 Projections is amended by adding to item 2 at the end of the first sentence "or fire
separation distance in the absence of a lot line. ";
45) *Chapter 7 Section 718.4.2 Groups R -1 and R -2 is amended to read "Draftstopping must be provided in
attics, mansards, overhangs, or other concealed roof spaces of Group R -2 buildings with three or more dwelling
units and in all Group R -1 buildings. The intervening space between any two draftstops or walls must be
designed for adequate cross ventilation as described in Section 1203.2. Draftstopping must be installed above,
and in line with, tenant and dwelling separation walls that do not extent to the underside of the roof sheathing
above. ";
46) *Chapter 7 Section 718.4.2 Groups R -1 and R -2 exception 3 is amended to read "Draftstopping in attics
spaces of Group R -1 and R -2 occupancies that do not exceed four stories in height may be installed so that the
area between draftstops that extends from the ceiling to the roof does not exceed 3,000 square feet, and the
greatest horizontal dimension does not exceed 60 feet. The draftstops do not have to be located directly above
or in line with walls separating tenant spaces, unless part of the construction required by other provisions of this
code. Adequate cross ventilation must be provided in accordance with Section 1203.2. ";
47) *Chapter 8 Section 804.4.1 is amended to read "I -1, I -2 and I -3's shall utilized Class 1 flooring covering."
48) *Chapter 8 Section 806.1 General requirements, is amended by adding at the end of the fourth paragraph
"or treated by method approved by the fire code official."
49) * Chapter 9 Section 903.2.3 Group E is amended to read: Group E. An automatic sprinkler system must Sikw provided throughout all buildings with group E occupancies. The use of a firewall or barrier does not establish a
separate building or fire area for purpose of this section.
Exception: Buildings with Group E occupancies having an occupant load of 49 or less.
(A) An automatic sprinkler system must also be provided for every portion of educational
building below the level of discharge.;
(B) Home Day care uses that are licensed to care for more than five persons between the hours of
10:00 p.m. and 6:00 a.m. must be equipped with an automatic sprinkler system designed and
installed in Section 903.3.1.3 or an equivalent system approved by the building official."
50) *Chapter 9 Section 903.2.8 Group R is amended to read "Group R. An automatic sprinkler system must be
installed in Group R occupancies except as required in 903.2.8.1 through 903.2.8.4."
51) *Chapter 9 Section 903.2.8 is amended by adding a new section "Section 903.2.8.3 Group R -1 Health
Clinics with transient quarters: May utilize N.F.P.A. 13R sprinkler system throughout the building; a fire barrier
may be utilized to separate the building and utilize a N.F. P.A 13D. In addition, rental cabins with potable water
with stays less than 30 days will be considered R -1's and will follow this section."
52) *Chapter 9 Section 903.2.8 is amended by adding a new section "Section 903.2.8.4 Group R -2: An
automatic sprinkler system or a residential sprinkler system installed in accordance with Section 903.3.1.2 must
be provided throughout all buildings with a Group R -2 fire area that are more than two stories in height,
including basements, or that have more than four dwelling units or 16 sleeping rooms."
53) *Chapter 9 Section 903.3.1.1 is amended by adding a new section "Section 903.3.1.1.2 Elevator hoist wa'
and machine rooms: When provisions of this code require the installation of automatic sprinkler systems, the''
installation in elevator hoist ways and machine rooms must occur as described in Chapter 30 Elevators and
conveying systems, of the IBC and N.F.P.A 13, (elevator hoist ways and machine rooms) and adopted by
reference, and the American Society for Mechanical Engineers (ASME) A17.1 Safety Code for Elevators and
Escalators as adopted by 8 AAC 77.005, as amended as of October 16, 2012 and as amended from time to time;
and the fire sprinkler head for the top of the elevator shafts may have a globe valve installed so the single head
can be turned off in an emergency. The globe valve must be marked and sealed or locked in the open position.
Exception: Sprinklers are not required in an elevator machine room where the machine is:
(A) separated from the remainder of the building as described in IBC Section 3006.4;
(B) smoke detection is provided in accordance with N.F.P.A 72, and adopted by reference;
(C) notification of alarm activation is received at a constantly monitored location; and
(D) fire extinguisher is provided in the machine room."
54) *Chapter 9 Section 903.3.1.1 Inspector's test valve, is amended by adding a new section "Section
903.3.1.1.3 Inspector's test valve. A test valve will be installed at the remote area in both dry and wet systems
to equal the required flow of one sprinkler head. In locations that use floor control valves the inspector test
valve may be collocated. It can be installed to the exterior or to an interior drain."
55) *Chapter 9 Section 903.3.6 Hose threads; is amended by deleting "the fire code official" and replacing it
with "AS 18.70.084."
56) *Chapter 9 Section 906.1 Where required; is amended by deleting the Exception in number 1.
57) *Chapter 9 Section 907.1.2 Fire Alarm shop drawings, is amended by adding the following required fire
alarm shop drawings for plan review:
"14. System riser diagrams;
15. Fire systems designer stamp, signature and date."
58) *Chapter 9 Section 907.2.1 Group A, is amended by replacing the exception to read: "A manual fire alarm
system shall be installed in GroupA -2 occupancies with an occupant load of 100 or more."
59) *Chapter 9 Section 907.2.2 Group B is amended by deleting the exception.
60) *Chapter 9 Section 907.2.3Group E is amended by adding a second paragraph to read: "Rooms used for
sleeping or napping purposes within a day care use of a Group E occupancy must be provided with smoke
alarms that comply with Section 907.2.11.2 and deleting Exception 3."
61) *Chapter 9 Section 907.2.4 Group F, is amended by deleting the exception.
62) *Chapter 9 Section 907.2.6.1 Group I -1, is amended by deleting the exception 1.
63) *Chapter 9 Section 907.2.7 Group M, is amended by deleting exception 2.
64) *Chapter 9 Section 907.2.9.1 Manual fire alarm system is amended by deleting exception 2.
65) *Chapter 9 Section 907.2.10.1 Manual fire alarm system is amended by deleting exception 2.
r' 66) *Chapter 9 Section 907.2.11 Single and multiple station smoke alarms, is amended by adding a second
paragraph to read: "When a plan review is required for an existing Group R occupancy, smoke alarms must be
installed as described in Section 907.2.11."
67) *Chapter 9 Section 907.7.2 Record of completion is amended by adding a second paragraph to read: "A
copy of the acceptance test certificate verifying completion in accordance with N.F.P.A 72, as adopted by
reference, must be forwarded by the firm conducting the test to the division of fire and life safety or the deferred
jurisdiction having authority within 30 days of the completion of the installation."
68) *Chapter 9 Section 907.8 Inspection, testing and maintenance; is amended by adding a new section "907.8.1
Mancamp relocation. On each portable or relocatable camp move, a licensed or certified electrician can
disconnect and reconnect the fire alarm system, and a licensed or certified plumber can disconnect and
reconnect the suppression system. The mancamp must be certified by an appropriate fire system permit holder
to provide documentation that the system has been placed back in service and is ready for operation. System
certification documentation is to be retained on site and available for review upon request. Annual requirements
are still required by the code as reference by 13 AAC 50.025."
69) *Chapter 9 Section 908.7 Carbon monoxide alarms; is amended by adding after the first sentence the
following: "At least one carbon monoxide detector or alarm shall be installed on each floor level."
70) *Chapter 9 Section 908.7 Carbon monoxide alarms; is amended by adding the following SENTENCE at the
I llsof end of the paragraph: "Power source: In new construction, carbon monoxide detectors and alarms shall receive
their primary power from the building wiring if the wiring is served from a commercial source, and shall be
equipped with a battery backup. Wiring shall be permanent and without a disconnecting switch other than what
is required for overcurrent protection."
71) *Chapter 9 Section 909.18 Acceptance tests; is amended by adding a new sentence: "A copy of the
acceptance test certificate must be forwarded to the division of fire and life safety or the deferred authority
having jurisdiction by the firm conducting the test within 30 days of the completion of the installation."
72) *Chapter 9 Section 910.1 General; is amended by deleting "Exception 2 ".
73) *Chapter 10 Section 1009.4 Stairway width; is amended by adding an exception: "Exception 5: Ladders
used only to attend equipment are exempt from the requirements of Section 1009."
74) *Chapter Section 1009.9.2 Outdoor conditions is amended by adding a sentence: "In occupancies other than
Group R -3 and Group U occupancies that are accessory to Group R -3 occupancies, surfaces and landings which
are part of exterior stairs in climates with snow or ice shall be designed to minimize the accumulation of the
snow or ice."
75) *Chapter 10 Section 1010.8.2 Outdoor conditions; is amended by adding a sentence: "In occupancies other
than Group R -3 and Group U occupancies that are accessory to Group R -3 occupancies, surfaces and landings
which are part of exterior stairs in climates with snow or ice shall be designed to minimize the accumulation of
the snow or ice."
76) *Chapter 10 Section 1015.2.2 Three or more exits or exit access doorways; is amended by adding an
exception: EXCEPTIONS: 1. Where the access to three or more exits is required, the separation distance of thiNid
third exit door or exit access doorway shall not be less than one -third of the length of the maximum overall
diagonal dimension of the area served."
77) *Chapter 10 Table 1018.1 Corridor fire - resistance rating; is amended by adding footnote d "R -2
Occupancies shall be permitted to have a one -hour rated corridor without a sprinkler system when the corridor;
(A) serves any occupant load LESS THAN 10;
(B) serves less than four dwelling units or 16 or LESS sleep rooms;
And
(C) is less three stories in height."
78) *Chapter 10 Section 1019.1 General; is amended by adding a sentence: "Exterior exit balconies shall be
designed to minimize accumulation of snow or ice that impedes the means of egress."
79) *Chapterl0 Section 1021.2.2 Basements; is amended by adding a second paragraph: "Basements or the first
level below the first story in all occupancies except Group R -3, used exclusively for the service of the building,
may have access to only one exit. Any other use of the basement or the first level below the first story must
have at least two exits arranged as described in Section 1015.2. For purposes of this paragraph, storage rooms,
laundry rooms, maintenance offices, and similar uses may not be considered as providing service to the
building."
80) *Chapter 10 Section 1029.1 General; is amended by deleting Exceptions 1 & 2.
81) *Chapter 11 Section 1101.1 Scope; is amended by deleting the first sentence and adding sentences at the
end of the section: "Compliance review by the SEWARD BUILDING DEPARTMENT is limited to the review
of the accessible route, means of egress requirements of the code, and at least one accessible toilet room along
the accessible route. Compliance with the requirements of this chapter and other provisions within the code for
accessibility of persons with physical disabilities is the exclusive responsibility of the owner or design
professional of record. An advisory plan review may be obtained regarding the design for accessibility of a
structure from the office of the state ADA coordinator for the ADA COMPLIANCE PROGRAM at the 10`
Floor State Office Building, P.O. Box 110201, Juneau, Alaska 99811 -201; telephone NUMBER 907 - 465 -6929,
or http: / /Alaska.gov /ada."
82) *Chapter 16 Section 1601.1 is amended by adding a second paragraph: "This chapter is adopted as design
criteria for the structural safety of buildings constructed under this code. Review for conformance with this is
not performed by the division of fire and life safety. Compliance with the requirements of this chapter, other
provisions in the code for structural design, the Alaska Administrative Order No. 175, local government flood
reduction ordinances, and federal oversight and authority through the Federal Emergency Management Agency
(FEMA) National Flood Insurance Program (NFIP) under C.F.R. 44, Parts 59 -60 is the exclusive
responsibility of the building owner or design professional of record. Information on approaches and grants for
� L7R
mitigating natural hazards in construction, including seismic hazards, are available through the State of Alaska,
division of homeland security and emergency management at http: / /www.ready.alaska.gov ."
83) *Chapter 31 Section 3101.1 Temporary structures; is amending the first sentence to read: "The provisions
of this section apply to deferred jurisdictions as allowed under 13 AAC 50.075 only, for structures other than
„. tents and membrane structures, erected for a period of less than 180 days. FOR STRUCTURES ERECTED
FOR MORE THAN 180 DAYS, SECTION 108 OF THIS CODE APPLIES.”
84) `Chapter 31 Section 3103.2 Construction documents; is amended by adding a second sentence: "Structures
of less than 300 square feet in floor area that are designed for the specific purpose of providing an enclosure for
non - hazardous equipment, and not containing hazardous materials in excess of those found in Tables 307.7(1)
and 307.7(2) are not required to be sealed by a registered design professional."
85) *Chapter 31 Section 3401.3 is amended by deleting this section.
86) *Chapter 34 Section 3401.3 Compliance; is amended to read: "Compliance with other codes. Alterations,
repairs, additions, and changes of occupancy to existing structures must comply with the provisions for
alterations, repairs, additions, and changes of occupancy in the International Fire Code 2012 edition as adopted
by reference; the International Mechanical Code 2012 edition as adopted by reference."
87) Chapter 34 Section 3401.6 Alterative compliance: this section is deleted. This section has to do with work
performed under the International Existing Building Code which the State or the City proposes to adopt.
88) * *Chapter 34 Section 3403.2 Flood hazard areas; is amended to read: "SECTION 3403.2 FLOOD
HAZARD AREAS. FOR BUILDINGS AND STRUCTURES IN FLOOD HAZARD AREAS ESTABLISHED
BY SEWARD COMMUNITY DEVELOPMENT DEPARTMENT, SHALL MEET THE REQUIREMENTS
OF SCC TITLE 15. This section was modified to be stricter than the State adopted version because we already
have a department handling this program.
89) *Chapter 34 Section 3411.1 Scope; is amended by adding a sentence the end of the first paragraph: "This
Section 3411 is adopted as guidance for accessibility."
90) *Chapter 34 Section 3412.2 Applicability; is amended to read: "Applicability. Structures meeting the
definition of "existing structure" under Section 202 of this code in which there is work involving additions,
alterations, or changes in occupancy must conform to the requirements of this section or the provisions of
Sections 3403 — 3408 of this code."
91) *Chapter 35 Reference Standards; is amended by changing or adding the referenced standards from the
publication date listed to the following editions and the standards are adopted by reference:
N.F.P.A 10 -2013 Portable Fire Extinguishers
N.F.P.A 13 -2013 Installation of Sprinkler Systems
N.F.P.A 13d -2013 Installation of Sprinkler Systems in One and Two Family Dwellings and
Manufactured Homes
N.F.P.A 13R -2013 Installation of Sprinkler Systems in Residential Occupancies up to and Including
4111wr►, Four Stories in height
.. ..::........: M......._...... � ;,
N.F.P.A 14 -2013 Standpipe and Hose system
N.F.P.A 20 -2013 Installation of Stationary Pumps for Fire Protection
N.F.P.A 72 -2013 National Fire Alarm Code
N.F.P.A 750 -2010 Standards for Water Mist Fire Protection Systems
N.F.P.A 2001 -2012 Standard on Clean Agent Fire Extinguishing Systems
92) * Appendix of the I.B.C. is revised by adding APPENDIX L as follows:
"APPENDIX L OIL AND GAS INDUSTRIAL PROCESSING BUILDINGS"
L 101, General. These provisions have been established to provide engineering methods for the design
and construction of hydrocarbon processing buildings in this state.
L 102, Scope. These standards augment and are used in conjunction with the respective requirements of
the 2012 [2009; International Building Code (I. B.C.), International Mechanical Code (I.M.C.), International
Fire Code (I. F. C.) and International Fuel Gas Code (I. F. G. C.) as the minimum requirements for occupancies
(F, H, S and U) when designing and constructing hydrocarbon (facilities that are directly connected with th
transport or processing of oil and gas or by- products) buildings in this state. These standards apply to industrial
occupancies attached to 1-1-2 buildings such as the following: control rooms, offices, break rooms, warehouses,
generator enclosures, vehicle storage, and others as approved by the Authority Having Jurisdiction (AHJ).
L 102.1 [102.2], Small unoccupied remote dedicated structures, shelters, and enclosures, such as a
wellhead shelter (any item that is put over the top of the wellhead that totally encloses the wellhead),
communications shelters (unoccupied buildings with no hazardous vapors, gases, or products open to the
atmosphere within the structure and that is utilized solely for the housing of wires and their components),
pigging enclosures, meter building, and shut -down valve enclosures may be classified as a Group U occupancy
if the following conditions are met:
1. The building is less than 1,000 square feet; ,
2. The contents of the building include only meters, valves, or pipe work;
3. The building is not normally occupied more than once during a 12 -hour
period;
4. If the building exceeds 300 square feet, the building has at least two exits;
5. Remote is defined as a location that is secured and has limited or no public
access and where no other occupied non -oil and gas related buildings or
structures are located within one half mile of a flare or emergency process
safety blow down exhaust termination.;
6. Dedicated is defined as housing only equipment associated with a single
activity such as metering or pigging.
L 102.2 [102.3], Structures that meet the requirements of Section L 102.1 [102.2] shall neither require
slr..- conformance with I.B.C. Section 1604.4 nor a professional engineer's registration number or seal on plans if all
of the following conditions exist:
1. The building is less than 300 square feet;
2. The building is pre - manufactured;
3. The pre- manufactured building is based on the manufacture's
experience or the building has been load tested for the site location
conditions.
L 102.3 [102.4], Factory fabricated structures of less than 400 square feet in area, singularly or
aggregate, that are designed for the specific purpose of providing an enclosure for non - hazardous equipment
err
and not containing hazardous materials in excess of those found in I.B.C. Tables 307.1(1) and 307.7(2) are
exempt from plan review in accordance with I.B.C. 105.2. Any structure shall not be occupied for any reason
other than maintenance and service of equipment housed within the structure.
L 103, Hydrocarbon processing buildings are considered Special Industrial Occupancies as defined in
I.B.C. 503.1.1 and are therefore exempt from the height and area limitations of I.B.C. Table 503.
L 103.1, Module separation. Elevated pipe ways extending from a building need not be considered
projections of the building.
L103.2.1, Building extensions and service area platforms. Building extensions of Hydrocarbon
Processing Buildings into the yard, include landings, platforms, stairs, vessels, vessel enclosures, tanks, and
exhaust or intake hoods. Clear and unobstructed access for firefighting is to be no less than 40 feet. Bridging
between buildings must be designed to allow access and operation for firefighting.
L_104, Stairs, landings, handrails, and guardrails. Stairs, landings, handrails, and guardrails must meet
the minimum requirements of 8 AAC 61, as amended as of October 6, 2002 and as amended from time to timt,
these regulations supersede the respective requirements of the I.B.C.
L 104.1, Landings Floor level at doors. Floors or landings may be more than one inch lower than the
threshold of doorways if an attempt is made to minimize the drop through the use of ramps at interior doorways
as described in Section 1008.1.6, of the I.B.C.
L 104.2, Industrial areas that are fenced or guarded and not open to the public in group B, F, H, R -1, R-
2, or S occupancies, balusters, horizontal intermediate rails or other construction shall not permit a sphere with a
diameter of 21 inches (533 mm) to pass through any opening.
L 105, Construction specifics. The construction of hydrocarbon processing buildings must comply with
Appendix L 105.1 — L 105.3, of this Code.
L 105.1, Fire walls. When a fire wall is used to qualify under Section 706 of the I.B.C., the wall must
comply with that section. If the fire wall does not extend to the ground, the structural supports for the wall must
rest upon, and be completely supported by the pilings.
L 105.2, Tank support fireproofing. Fire proofing requirements for steel tank supports, as described in
Section 5704.2.9.2.3 [3404.2.9.2.3] of the I.F.C. (2012 Edition) as adopted by reference, may be waived by the
AHJ when justified, based on the remoteness of the facility and lack of public access, or analytical or empirical
results indicating that sufficient heat could be transmitted to the permafrost to cause foundation settlement.
L 105.2.1, Tank venting and relief requirements for tanks and pressure vessels storing Class 1B or 1C
liquids described in Sections 5704.2.1.7.3.6 [3403.2.7.3.6] and 5704.2.7.4 [3404.2.7.4] of the I.F.C. (2012
[2009] Edition) may be satisfied by the use of properly sized open vents without flame arrestors. When open
vents are utilized they shall be configured to minimize the accumulation of snow and ice.
L 105.2.2, Bulk transfer process transfer locations. Bulk transfer and process transfer operations must
be conducted in approved locations. Tank vehicle transfer facilities shall be separated from buildings and
above - ground tanks by a minimum distance of five feet (1524 mm) for Class I, II, II liquids measured from the
nearest position of any tank loading valve and meet the following requirements.
1. Adherence to an approved written company policy for transfer of flammable and combustible
liquids;
2. Tank capacity of either the truck or tank shall not exceed 15,000 gallons;
3. Tank vehicle shall be located a minimum of 20 feet from tank connections and a minimum
distance of 25 feet from tank or building during transfer operations;
4. Tank fill connections will not be utilized to transfer liquids to tank vehicles.
1. L 105.3, Foam plastic insulated building panels. For hydrocarbon processing buildings used in
the actual processing of hydrocarbons and, not normally used in other mineral extraction or
1 rrr
manufacturing activities, foam plastic insulated building panels used on these buildings shall
apply a foam plastic insulated building panel with a thermal barrier with an index of 15.
Factory Mutual (FM) approval Standard 4880 or
2. Separation between individual shelters must be a minimum of six feet;
3. Each wellhead shelter shall only enclose one wellhead;
4. The electrical or communication shelter or wellhead shelter must normally be unoccupied. It is
understood that operators need to spend approximately 10 minutes per day taking readings in
wellhead shelters and that maintenance is infrequently required. The most extensive
maintenance is well wireline work. This work may extend to a week per well and occur once
every several years per well. Most of this work is accomplished from outside the wellhead
shelter. All maintenance is strictly controlled with a permit system;
5. With the exception of wellhead shelters, separation between individual shelters shall be a
minimum of six feet.
L 106, Fire suppression. The provisions in Sections L 106.1 — L 106.3 establish the standards for fire
suppression at Oil and Gas Hydrocarbon Processing Buildings.
L 106.1, Fire extinguishing system. An automatic sprinkler system as specified in LB. C. section
903.2.5.1 or alternative automatic fire extinguishing system need not be provided in Group H -2 occupancy
compressor modules, dehydration modules, metering modules and heater /separator modules if the following
conditions are met:
1. The module under consideration primarily handles natural gas and its by- products;
2. The module is located within a secured site with controlled access;
3. The module is normally unoccupied;
4. Significant quantities of Class I or Class II liquids are not present;
5. The aggregate module area under consideration is less than 1,500 square feet;
\Tip
6. Module construction features panelized type exterior walls that will provide for venting in
the event of over pressurization;
7. Combustible gas detection is provided;
8. A mechanical ventilation system capable of providing the following is provided:
i. Minimum four air changes per hour operating continuously;
ii. Minimum 12 air changes an hour upon detection of combustible or flammable
vapors in excess of 20 percent ( %) LEL;
9. Upon detection of combustible or flammable vapors in excess of 40 percent ( %) LEL
Process Safety Management features are automatically initiated to reduce or eliminate the
fuel load;
10. Module location complies with I.B.C. section 705.3.
L106.2 Alternate automatic fire - extinguishing (AAFE). Automatic activation for gas detection (inerting
or suppression agent) in areas of hydrocarbon processing buildings where (1) both fire and explosion hazards
‘0116., exist, (2) both fire and gas detection systems are (interconnected or independently, or both) installed, (3) the fire
and gas detection devices alarm at a continuously staffed control room and trained operators can quickly
respond to the fire and gas alarms following specific fire and gas alarm response procedures, and (4) collateral
fire damage is likely to be minimal, the following (AAFE) operating activation mode is acceptable: Automatic
activation of the (AAFE) system upon gas detection coupled with manual activation of the same (AAFE)
system on fire detection is approved.
L106.3 Manual activation of total flooding fire suppression systems. In areas where (1) the only hazard
is fire, not explosion, (2) fire detection devices alarm at continuously staffed control rooms, (3) trained
operators can quickly respond to the fire alarms following specific fire alarm response procedures, and (4)
collateral fire damage is likely to be minimal, manual activation of the total flooding fire suppression agent is
acceptable. These areas also include continuously staffed control rooms.
L 106.4 [L106.3] Platform width. In buildings protected with fire sprinkler systems, any platform that
exceeds four feet in width or length is considered an obstruction for the purposes of the installation of sprinkler
systems under Section 903.3.1.1 of the I.B.C. ".
93) `Appendix of the I.B.C. is revised by adding a new Appendix M as follows:
"APPENDIX M: CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS)_VOLUNTARY
REVIEW FOR CERTIFICATION OF MEDICARE AND MEDICAID"
M 101.1, Scope. The provisions of this appendix apply to all facilities where a provider or supplier has
voluntarily applied for certification or accreditation in the Medicare and Medicaid program meeting the
requirements of and approved by CMS as specified in 42 C.F.R. The survey forms noted in this appendix are
used for all life safety compliance surveys (initial and recertification) of facilities subject to survey and
certification inspections for Medicare and Medicaid certification. This includes skilled nursing facilities (SNFs),
nursing facilities (NFs) whether freestanding, distinct parts, or dually certified, intermediate care facilities for
mentally retarded (ICFs /MR), ambulatory surgical centers (ASC), inpatient hospice facilities, program for all
inclusive care for the elderly (PACE) facilities, critical access hospitals (CAH), and psychiatric and general
hospitals, including validation surveys of accredited facilities. These survey forms also apply to complaint
investigations.
M 101.2, Purpose. Certification is a recommendation made by the state survey agency on the
compliance of providers and suppliers with the conditions of participation, requirements for skilled nursing
facilities (SNFs), nursing facilities (NFs) whether freestanding, distinct parts, or dually certified, intermediate
care facilities for mentally retarded (ICFs /MR), ambulatory surgical centers (ASC), inpatient hospice facilities,
program for all inclusive care for the elderly (PACE) facilities, critical access hospitals (CAH), and psychiatric
and general hospitals. In order to safeguard the health, welfare, and safety of individuals served within a
facility, it is imperative that a facility not only attain substantial compliance in each area of identified
deficiencies, but that it maintain /remain in continuous compliance. The provisions established in this appendi;
provide the minimum standards for new facilities which voluntarily seek certification or accreditation in the
4�
Medicare and Medicaid program. These minimum standards do exceed some of the minimum occupancy
requirements established within the body of this code which are necessary to meet the requirements of the
Centers for Medicare and Medicaid Services as specified in 42 C.F.R.
SECTION M 102
DEFINITIONS AND EQUIVALENC a FS
M 102.1, Definitions. For the purposes of this appendix chapter, the terms, phrases, and words listed in
this section and their derivatives shall have the following meanings:
(1) "Accredited provider or supplier" means a provider or supplier that has voluntarily applied
for and has been accredited by a national accreditation program meeting the requirements of
an approved program by CMS in accordance with 42 C.F.R. Section 488.5 or Section 488.6:
(2) CMS, means The Centers for Medicare and Medicaid Services, which [WAS FORMERLY
KNOWN AS THE HEALTH CARE FINANCING ADMINISTRATION (HCFA), AND] is
the federal agency responsible for administering the Medicare and Medicaid programs.
flkoaw
M 102.2 Construction type equivalencies. For the purposes of this appendix chapter, Table M 102.2
shall be utilized for cross referencing the various construction types for use in the applicable CMS forms which
are in the terms of the N.F.P.A. 220, [ENTITLED,] "Standard on Types of Building Construction. ".
(Intentionally left blank; Table begins on next page)
TABLE M 102.2 `,d
CONVERSION TO NFPA 220 CONSTRUCTION TYPES USED ON CMS FORMS
Conversion Table to NFPA 220 Construction Types for CMS Forms
NFPA Type I Type I Type II Type II Type II Type III Type III Type IV Type V
220 443 332 222 111 000 211 200 2HH 111
SBC 1 II - - -- IV 1HR IV UNP V 1HR V UNP III VI 1HR
UBC - -- I FR II FR II -1HR II N III -1HR III N IV HT V 1HR
B /NBC 1A 1B 2A 2B 2C 3A 3B 4 5A
IBC - -- IA IB 1 IIA IIB IIIA IIIB IV VA
(Intentionally left blank; end of Table M 102.2)
Nvid
Ng
` (A
FORMS
SECTION M 103
APPLICATION FORMS
M 103.1, Application. The following forms shall be used to verify substantial compliance with regards
to life safety for the department of health and human services centers for medicare and medicaid services.
Forms are available at http: / /www.cros.gov /:
1. Form CMS -2786M entitled, "Worksheet for Rating Residents ".
2. Form CMS -2786R entitled, "FIRE SAFETY SURVEY REPORT 2000
CODE — HEALTH CARE Medicare — Medicaid ".
3. Form CMS-2786S entitled, "FIRE SAFETY SURVEY REPORT
SHORT FORM Medicare — Medicaid ".
4. Form CMS -2786T entitled, "FIRE /SMOKE ZONE* EVALUATION
WORKSHEET FOR HEALTH CARE FACILITIES ".
5. Form CMS -2786U entitled, "FIRE SAFETY SURVEY REPORT —
AMBULATORY SURGICAL CENTERS — Medicare ".
6. Form CMS -2786V entitled, "FIRE SAFETY SURVEY REPORT -
2000 LIFE SAFETY CODE Intermediate Care Facilities for the Mentally Retarded —
SMALL ".
7. Form CMS -2786W entitled, "FIRE SAFETY SURVEY REPORT —
2000 LIFE SAFETY CODE Intermediate Care Facilities for the Mentally Retarded —
LARGE ".
8. Form CMS -2786X entitled, "FIRE SAFETY SURVEY REPORT -
2000 LIFE SAFETY CODE Intermediate Care Facilities for the Mentally Retarded -
APARTMENT HOUSE ".
9. Form CMS -2786Y entitled, "FIRE SAFETY SURVEY REPORT —
2000 LIFE SAFETY CODE Intermediate Care Facilities for the Mentally Retarded -
SMALL FSES ".;
94) * Appendix of the I.B.C. is revised by adding a new Appendix N as follows:
"APPENDIX N REPAIRS TO BUILDING AND STRUCTURES DAMAGED BY THE OCCURRENCE OF
A NATURAL DISASTER"
N 101, Purpose. The purpose of this appendix is to provide a defined level of repair for buildings or
structures damaged by a natural disaster in jurisdictions where the governor has declared a formal condition of
disaster emergency under AS 26.23 by proclamation.
N 102, General. Required repair levels must be based on the ratio of the estimated value of the repairs
required to restore the structural members to their pre - disaster condition to the estimated replacement value of
the building or structure.
N 103, Structural repairs. When the ratio described in Section N 102 does not exceed 10 percent, as
determined by design professionals who are professional architects or professional engineers who meet the
requirements of AS 08.48 buildings and structures, except essential facilities included as Category III buildings
and structures in Table 1604.5 "Risk Category of Buildings and Other Structures" of this code, must, at a
minimum, be restored to their pre - disaster condition. When the ratio described in Section N 102 is greater than
10 percent but less than 50 percent, buildings and structures, except essential facilities included as Category III
buildings and structures in Table 1604.5 of this code, must have the damaged structural members, including all
critical ties and connections associated with the damaged structural members, all structural members supported
by the damaged member, and all structural members supporting the damaged members repaired and
strengthened to bring them into compliance with the force levels and connection requirements of this code.
These requirements apply to those essential facilities when the ratio described in Section N 102 is less than 30
percent.
fl
Exception: For buildings or structures with rigid diaphragms where the above - required repair and
strengthening increases the rigidity of the resisting members, the entire lateral force - resisting system of the
building or structure must be investigated.
11 "1ur►
When, in the opinion of the building official, an unsafe or adverse condition has been created as a result of the
increase in rigidity, the condition must be corrected. When the ratio described in Section N 102 is greater than
50 percent, buildings and structures, except essential facilities included as Category III buildings and structures
in Table 1604.5 of this code, must, at a minimum, have the entire building or structure strengthened to comply
with the force level and connection requirements of this code. These requirements apply to essential facilities
when the ratio described in Section N 102 is greater than or equal to 30 percent.
N 104, Nonstructural repairs to light fixtures and suspended ceilings. Under all ratios calculated under N
102, when light fixtures and the suspension systems of a suspended acoustical ceiling are damaged, the
damaged light fixtures and suspension systems must be repaired to fully comply with the requirements of
Section 803.9 [803.9.1.1] of this code. Undamaged light fixtures and suspension systems must have the
additional support and bracing that is required in Section 803.10 [803.9.1] of this code.;
95) *Appendix of the I.B.C. is revised by adding a new Appendix 0 as follows:
"APPENDIX 0 FIRE SPRINKLER INCENTIVE RESIDENTIAL SAFETY STAR PROGRAM"
0 101, Purpose. The purpose of the Fire Sprinkler Incentive Residential Safety Star Program is to
reward those who are proactive and install residential fire sprinklers in single family residences and residences
with not more than two dwelling units. This program, in concert with the insurance industry and city
government provides graduated rate and property tax reductions for residential sprinkler coverage. The division
of fire and life safety has established this program to rate residences based on the sprinkler coverage in the
home and identifies who can install and maintain these systems.
0 102, The types of residential sprinkler systems that may be installed to qualify for this program will
consist of [NATIONAL FIRE PROTECTION ASSOCIATION] N.F.P.A. 13R, 13D and 750 fine water mist
systems and International Residential Code P2904 constant flow systems.
O 103. There are four ratings of the Fire Sprinkler Incentive Residential Safety Star Program.
O 103.1, Platinum — Complete automatic fire sprinkler system as per N.F.P.A. 13R.
0 103.2, Gold — Complete automatic fire sprinkler system as per N.F.P.A. 13D or International
Residential Code P2904.
O 103.3, Silver — Partial automatic fire sprinkler system as per N.F.P.A. 13R to cover major sources of
fire hazards only covering items such as attached garages, laundry rooms, furnace rooms and kitchens.
O 103.4, Bronze — Partial automatic fire sprinkler system as per N.F.P.A. 13D or International
Residential Code P2904 to cover major sources of fire hazards only covering items such as attached garages,
laundry rooms, furnace rooms and kitchens.
O 104, Fine water mist systems installed to N.F.P.A. 750 may be considered an equal to the respective
categories listed in 0 103.1 and 0 103.3.
O 105, System design is to be accomplished by a person holding the proper permit as referenced in
13AAC 50.035 or by the automatic fire suppression system manufacturer.
0 106, System installation can be accomplished by the home owner but the system must be certified
complete and operational by a person who holds a permit under 13AAC 50.035. Professional automatic fire
lyl9
suppression system installers who hold a permit under 13AAC 50.035 may install N.F.P.A. 13R, 13D and 750
systems. A plumber who holds an endorsement from the Alaska Department of Commerce, Community, and
% Economic Development, division of corporations business and professional licensing may install International
Residential Code P2904 systems.
O 107, It is the owner's responsibility to ensure that the automatic fire suppression system is inspected
and any maintenance required by the manufacturer or ordinance of the local government occur as stated and
conducted as specified by 13AAC 50.035.
O 108, To participate in the Fire Sprinkler Incentive Residential Safety Star Program an applicant must
complete an application as provided by the division of fire and life safety and submit an approved design and
certification from the installer that the system was installed and is working per the particular N.F.P.A. standard
employed by the homeowner. In turn, the division of fire and life safety will issue the appropriate certificate.
The owner will then be able to apply for the incentives provided by the insurance agency and local fire
protection property tax exceptions as allowed by law.
Eff. 6/25/69, Register 30; am 2/21/71, Register 37; am 6/15/79, Register 71; am 1/14/81, Register 77; am
8/2/86, Register 99; am 10/28/90, Register 116; am 6/10/93, Register 126; am 3/7/96, Register 136; am 8/31/96,
Register 139; am 3/27/99, Register 149; am 9/15/2001, Register 159; am 8/27/2004, Register 171; am
9/12/2007, Register 183; am / / , Register ).
Authority: A.S. 18.70.080 A.S. 18.70.081
9.15.111. 2012 International Fire Code — Adopted.
sfted
(a) The 2012 edition of the International Fire Code, including appendix chapters listed in
subsection (b) below, published by the International Code Council is hereby designated and shall
be known as the Seward Fire Code, and shall constitute the laws of the city related to fire
prevention. Although not published in full in this section, all of the provisions of the
International Fire Code and the appendices cited shall be and are hereby adopted by reference to
the same extent as if set forth in full herein, except to the extent that the International Fire Code
is amended by or in conflict with this code or any relevant ordinance later adopted, in which case
the provisions of this code shall apply.
(b) The following revisions are made to the International Fire Code 2012 edition, hereinafter
sometimes referred to as IFC in its application as the Seward Fire Code.
1. The IFC Chapters 12 -19, 37 -49 and 68 -79 are reserved. Chapters 1 -11, 20 -36, 50 -67, 80
and Appendices B -D, and I (2012 edition) are adopted by reference to regulate all
occupancies and buildings for the safeguarding of life and property from the hazards of
fire and explosion arising from the storage, handling and use of hazardous substances,
materials, and devices, and from other conditions hazardous to life and property, with
the following revisions: Chapters 12 -19, 37 -49 and 68 -79 are not used in the code. This
is where the State or the City could make additional requirements that do not affect any
print sections. We have none to add at this time.
2. *The IFC is revised by deleting all the references to the "ICC Electrical Code or NFPA
70" and replacing them with "Electrical Code as adopted by 8 AAC 70.025, as amended
as of September 27, 2008 and as amended from time to time."
3. *The IFC is revised by deleting all the references, with the exception of chapters 6 and 7
of the "International Fuel Gas Code" and all references in the "International Plumbing
Code" and replacing them with "Plumbing Code as adopted by 8 AAC 63.010, as
amended as of February 23, 2011 and as amended from time to time."
4. Chapter 1, Section 105.6, (Required operational permits) is revised by deleting all
operational permits except for: 105.6.14 Explosives, 105.6.30 Open burning, 105.6.36
Pyrotechnic special effects materials, 105.6.43 Temporary membrane structures, tents
and canopies. This section is where we have adopted various permits that are enforced
in the City. There is no charge for these permits.
5. Chapter 1, Section 105.7, (Required construction permits) is revised by deleting all
construction permits except for: 105.7.1 Automatic fire extinguisher systems, 105.7.6
Fire alarm and detection systems and related equipment, 105.7.7 Fire pumps and related
equipment, 105.7.15 Standpipe systems, 105.7.16 Temporary membrane structures, tents
and canopies. We have required construction documents for any fire system installed in
structures and the construction documents for membrane structures for years. Our
reasoning is for the systems we need to know they meet the standard /code requirements,
are installed properly, how they operate and familiarize emergency responders. For the
membrane structures, we use the same requirements found in the IBC for temporary
' buildings. We are concerned with anchorage, exiting, access, etc all of which would be
covered in the construction documents.
6. Chapter 1, Section 108, (Board of Appeals) is amended to reflect SCC 9.15.111 This
change eliminates the section as written and replaces it with the procedures outlined in
Seward City Code 9.15.112. This procedure is used on all of our adopted codes.
7. Chapter 1, Section 109.4, (Violation penalties) is revised by deleting: "shall be guilty of
a [specify offense], punishable by a fine of not more than [amount] dollars or by
imprisonment not exceeding [number of days], or both such fine and imprisonment ";
and replace with: "shall be in violation of SCC 9.15 and AS 18.70.100 and punishment
shall be as set forth in AS 12.55." This section is added to give the City the ability to
give citations and follow the State law for offenses.
8. * Chapter 2, Section 202, (General definitions) is revised by changing the definition of
"Educational Group E, Day Care" to read: "The use of a building or structure, or portion
of the building or structure, for education, supervision or personal care services for more
than five children who are older than two and one -half years of age, including children
related to the staff shall be classified as a Group E occupancy."
9. * Chapter 2, Section 202, (General definitions) is revised by adding an exception under
the definition of "Educational Group E, Day Care" to read: "Exception: Family child
care homes (Group R -3) operating between the hours of 6:00 a.m. and 10:00 p.m. may
accommodate a total of 12 children of any age without conforming to the requirements
of a Group E occupancy except for (1) smoke detectors /alarms as described in Section
907.2.10, (2) carbon monoxide detectors /alarms as specified in Section 908, (3) means
of egress requirements of Section 1003, including emergency escape and rescue
openings, as required by Section 1029, in napping or sleeping rooms; and (4) portable
fire extinguisher requirements as described in Section 906."
10. * Chapter 2, Section 202, (General definitions) is revised by adding a new paragraph
between the first and second paragraphs of the definition for "Institutional Group I -1 in
"Occupancy classification" to read: "A facility in this occupancy classification that has
occupants who need physical assistance to respond in emergency situations must comply
with the IFC, Section 405."
11. * Chapter 2, Section 202, (General definitions) first sentence of the last paragraph of the
definition "Institutional Group, Group I -1 is revised to read: "A facility such as one
described above, with five or fewer persons, including persons related to the staff, shall
be classified as Group R -3."
12. * Chapter 2, Section 202, (General definitions) add a second paragraph to the definition
"Institutional Group and Group I -2" to read: "A facility such as one described above,
fir.•
\b�
with five or fewer persons, including persons related to the staff, shall be classified as
Group R -3."
13. * Chapter 2, Section 202, (General definitions) add a third paragraph to the definition for
"Institutional Group I and Group I -2" to read: "A child care facility that provides care
on a 24 -hour basis to more than five children who are two and one -half years of age or
less, including children related to the staff shall be classified as Group I -2."
14. * Chapter 2, Section 202, (General definitions) the second sentence of the definition for
"Group I -4, day care facilities" is revised to read: "A facility within this occupancy
classification with five or fewer persons, including persons related to the staff, shall be
classified as a Group R -3."
15. * Chapter 2, Section 202, (General definitions) is revised by adding a new paragraph to
the definition for "R -4" in "Residential Group R" of "Occupancy classification"
between the first and second paragraphs to read: "Facilities within this occupancy
classification that have occupants needing physical assistance to respond in emergency
situations must comply with the I.F.C., Section 405.10."
16. * Chapter 3, Section 307.2, (Permit required), is revised to read: "Approval. The fire
chief of a registered department having jurisdiction, may allow a fire for recognized
silvicultural or range or wildlife management practices, prevention or control of disease
or pests, or a bonfire. Application, as required by the chief of that registered fire
department, must be presented by the owner of the land upon which the fire is to be
kindled before kindling such fire."
17. * Chapter 3, Section 308.3, (Open flame), is revised to read: "Open flame. The use of
open flame in connection with a public meeting or gathering for the purpose of
deliberation, worship, entertainment, amusement, instruction, education, recreation,
awaiting transportation, or similar purposes in assembly or educational occupancies
must be done in consultation with the registered fire department having jurisdiction."
18. * Chapter 3, Section 311.1.1 is revised by deleting the reference "International Property
Maintenance Code."
19. * Chapter 3, Section 311.5, (Placards), is revised by deleting this section.
20. * Chapter 4, Section 401.3, (Emergency responder notification), the first sentence is
revised to read: "In the event an unwanted fire occurs on a property, the owner or
occupant shall immediately report the conditions to the registered fire department having
jurisdiction."
21. * Chapter 4, Section 404.2, (Where required), is revised to read: "Group A. ".
22. * Chapter 4, Section 405, is revised by adding a new section 405.10 to read: "405.10
False alarms may not be counted as a fire drill for the purposes of Section 405.
`rr Emergency evacuation drills."
23. *Chapter 4, Section 405, (Emergency evacuation drills), is revised by adding a new
Section 405.10 to read: "Occupants Needing Physical Assistance (Group I -1 and R -4)."
Section 405.10
Occupants Needing Physical Assistance
405.10.1, Applicability. The provisions of this section apply to all Group I -1, I -2 and R -4
occupancies where the occupants need physical assistance from staff or other to respond to
emergencies.
405.10.2, Definitions. In this section:
"Evacuation capability" means the ability of occupants, residents,
and staff as a group either to evacuate a building or to relocate
from the point of occupancy to a point of safety.
• "Point of Safety" means a location that (a) is exterior to and away
from a building; or (b) is within a building of any type construction
protected throughout by an approved automatic sprinkler system
and that is either (1) within an exit enclosure meeting the
requirements of IFC section 1020; or (2) within another portion of
the building that is separated by smoke partitions meeting the
requirements of IBC section 710, with not less than a one -half hour
Sow, fire resistance rating, and the portion of the building has access to a
means of escape or exit that conforms to the requirements of this
code and does not require return to the area of the fire.
405.10.3, Fire Drills and Evacuation Capability Determination. The intial determination
of evacuation capability will be determined by a fire drill conducted by a fire code
official or by an employee of the department of health and social services responsible for
licensing the facility. Changes to the evacuation capability will be made by a fire code
official, based on a record of fire drills conducted by the facility staff. The drills will be
conducted six times a year on a bimonthly basis, with at least two drills conducted during
the night when residents are sleeping. Records must indicate the time taken to reach a
point of safety, date and time of the drill, location of simulated fire origin, escape paths
used, and comments relating to residents who resisted or failed to participate in the drills.
405.10.4, Evacuation capability and fire protection requirements. Fire protection
requirements of a facility under this section are as follows:
405.10.4.1, Prompt evacuation capability. Evacuation capability of three minutes
or less indicates prompt evacuation capability. In facilities maintaining prompt
evacuation capability, the requirements of the code for Groups I -1, 1 -2 or R -4
occupancies must be followed.
405.10.4.2, Slow evacuation capability. Evacuation capability of more than three
but less than fourteen minutes indicates slow evacuation capability. In facilities
maintaining slow evacuation capability, the facility must be protected by (a) an automatic
smoke detection system, using addressable smoke detectors, designed and installed in
accordance with the provisions of this code and NFPA 72; and (b) an automatic sprinkler
system, with quick- response or residential sprinklers, installed in accordance with section
903.3.1.2 NFPA 13R (Sprinkler systems).
405.10.4.3, Impractical evacuation capability. Evacuation capability of fourteen
minutes or more indicates impractical evacuation capability. In facilities maintaining
impractical evacuation capability, the facility must be protected by (a) the protections for
a facility with slow capability under section 405.10.4.2; (b) one -half hour fire - resistive
construction throughout the facility; and (c) direct egress from sleeping rooms for
occupants needing evacuation assistance either (i) to the exterior at grade level, to an
exterior porch or landing via a three foot six inch wide door; or (ii) if the sleeping rooms
are separated from the rest of the building by smoke partitions installed in accordance
with IBC section 710, by egress windows conforming to the provisions of section 1029.
24. * Chapter 4, Section 407.1, (General) is revised to read: "General. The provisions of
Section 407.2 through 407.7 shall be applicable, in the discretion of the chief of the
registered fire department that has jurisdiction, where hazardous materials are located on
the premises."
25. * Chapter 4, Section 408.3, (Group E occupancies and Group R -2 college and university
buildings) is revised by the addition of a subsection to read "408.3.5 False alarms. False
alarms may not be counted as a fire drill for the purpose of this section."
26. * Chapter 5, Section 503.1.1, (Where required) is revised to read: "Buildings and Nod
facilities. The fire chief of the registered fire department having jurisdiction may require
approved fire apparatus roadways for every facility, building, or portion of a building
constructed or moved into or within the jurisdiction on or after September 15, 2001.
The fire apparatus access roadway must be required to comply with the requirements of
this section as determined by the chief of that jurisdiction and be required to extend
within 150 feet (45 720mm) of all portions of the facility or building or any portion of
the exterior wall of the first story of the facility or building as measured by an approved
route around the exterior of the building or facility."
27. * Chapter 5, Section 503.1.1, (Buildings and facilities) lead in line to the exception is
revised to read: "Exception: The chief of the registered fire department having
jurisdiction may increase or decrease the dimension of 150 feet (45 720mm) where:"
28. Chapter 5, Section 503.1.1, (Buildings and facilities) is revised by deleting exception 3.
29. Chapter 5, Section 505.1, (Address numbers), the first sentence is revised to read: "The
chief of the registered fire department having jurisdiction shall require that all new and
existing buildings be provided with approved address numbers, building numbers, or
approved building identification visible from the street or road fronting the property, or
on the street or road if the building is not visible from the street or road."
\CO
30. * Chapter 5, Section 505.2, (Street or road signs) the first sentence is revised to read:
',. "The chief of the registered fire department having jurisdiction may require streets and
roads to be identified with approved signs."
31. *Chapter 5, Section 507.1, (Fire Protection Water Supplies), the first sentence is revised
to read: "The chief of the registered fire department having jurisdiction may require that
an approved water supply capable of supplying the required fire flow for fire protection
be provided to premises upon which facilities, buildings, or portions of facilities or
buildings are constructed or moved into or within the jurisdiction on or after September
15, 2001."
32. Chapter 5, Section 507.5.1, (Where required) is revised to read: "Where required.
Where a portion of the facility or building hereafter constructed or moved into or within
the jurisdiction is more than 250 feet (76.20 meters) 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." This section is further revised by deleting Exceptions 1 and 2.
33. Chapter 5, Section 507.5.4, (Obstruction) is revised by adding a new sentence, "The
immediate access area is determined to be an area that measures 15 feet from the outlets
of the hydrant."
34. * Chapter 6, Section 603, (Fuel -Fired Appliances) is revised by deleting the references
"International Fuel Gas Code" and replacing them with "Plumbing Code as adopted by 8
AAC 63.010, as amended as of February 23, 2011 and as amended from to time.", and
the references "ICC Electrical Code" and replacing it with "Electrical Code as adopted
by 8 AAC 70.025, as amended as of September 27, 2008 and as amended from time to
time."
35. * Chapter 6, Section 603.3.1, (Fuel oil storage in outside, above - ground tanks) the last
sentence is revised to read: "The storage of fuel oil above ground in quantities exceeding
660 gallons (2498 L) shall comply with NFPA 31 and have a minimum distance to
nearest important building by not less than five feet."
36. * Chapter 6, Section 604, (Emergency and Standby Power Systems) is revised by
deleting the references "ICC Electrical Code" and replacing it with "Electrical Code as
adopted by 8 AAC 70.025, as amended as of September 27, 2008 and as amended from
time to time."
37. * Chapter 6, Sections 605 and 606, (Electrical Equipment, Wiring and Hazards,
Mechanical Refrigeration) are revised by deleting the references "ICC Electrical Code"
and replacing them with "Electrical Code as adopted by 8 AAC 70.025, as amended as
of September 27, 2008 and as amended from time to time."
38. * Chapter 7, Section 703.2.3, (Door operation) is revised by adding a new Section
703.2.3.1 to read: "703.2.3.1 Operation. Fire assemblies may not be obstructed or
otherwise impaired from their proper operation at any time. When two or more self - r.r
closing fire assemblies within a building have been documented as having been
obstructed or impaired during three or more consecutive inspections, the fire code
official may order the installation of automatic - closing devices meeting the requirements
of Section 1008.1.9.9 and item 5 of the I.B.C."
39. * Chapter 9, Section 901.4, (Installation) is revised by adding an exception to read:
"Exception: Buildings temporarily closed due to seasonal operations may have their fire
alarm systems deactivate under the following conditions:
A. Building is unoccupied;
B. Building is properly secured;
C. All utilities are disconnected and drained;
D. The fire systems are certified as operational before the building
is reoccupied;
E. A 24 -hour a day fire watch as defined in Section 202 is
provided during the interim between when utilities are
reactivated and the fire systems are certified as operational;
F. The fire code official is notified in writing of the closure; and
G. A letter from the insurance carrier or, the owner if self- insured,
indicating knowledge of the closure is provided to the fire code
official."
40. * Chapter 9, Section 901.5, (Installation acceptance testing) is revised to read: "Fire
detection and alarm systems, fire - extinguishing systems, fire standpipe systems, and
other fire protection systems and appurtenances to those systems must meet the approval
of the authority having jurisdiction as to the installation and location, and are subject to
the acceptance test required by the standard in Table 901.6.1 for the system or
appurtenance. Fire hydrant systems, fire pump systems, and private fire service mains
installed as a requirement by the fire chief of the registered fire department having
jurisdiction, are subject to the acceptance tests as contained in the installation standards
and as approved by the chief. The chief must be notified before any required testing,
and all results of the tests must be conveyed to the chief within 30 days."
41. * Chapter 9, Section 901.6, (Inspection, testing and maintenance) is revised by adding a
second paragraph to read: "Superseding other code or standard requirements established
by this section, fire protection systems and fire extinguishers must be inspected, tested,
and serviced as follows:
1. Annually. Exception: Standpipe systems must be inspected, tested,
and serviced every five years;
2. After any use or activation;
3. Any time damage is found;
4. After repair or alteration;
ab
5. When required by the fire code official;
6. After seasonal *i lkow Reports of inspections and tests must be maintained on the premises, and a copy of the
acceptance test certificate must be forwarded to the fire code official by the person
conducting the inspection or test within 30 days of the inspection or test being completed.
The annual fire extinguisher testing may be performed by any person who has a valid
permit in accordance with 13 AAC 50.030(h), including the building owner or the
owner's agent."
42. *Chapter 9, Section 901.7, (Systems out of service), the first sentence is revised to read:
"Where a required fire protection system is out of service for more than eight hours in a
24 hour period, an impairment plan will be submitted to the fire department and the fire
code official immediately and, where required by the fire code official, the building shall
either be 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."
43. * Chapter 9, Section 903.2.3, (Group E) is revised to read: "Group E. An automatic
sprinkler system must be provided throughout all buildings in Group E occupancies.
The use of a fire wall or barrier does not establish a separate building or fire area for
purposes of this section.
Exception: Buildings with Group E occupancies having an occupant load of 49 or less.
§0110, A. An automatic sprinkler system must also be provided for every
portion of educational buildings below the level of exit
discharge.
B. Home Day Care uses that are licensed to care for more than five
persons between the hours of 10:00 p.m. and 6:00 a.m. must be
equipped with an automatic sprinkler system designed and
installed as described in Section 903.3.1.3 or an equivalent
system approved by the building official.
44. * Chapter 9, Section 903.2.8, (Group R) is revised to read: "Group R. An automatic
sprinkler system must be installed in Group R occupancies as required in 903.2.8.1
through 903.2.8.4."
45. * Chapter 9, Section 903.2.8, (Group R) is revised by adding a new Section 903.2.8.3 to
read" 903.2.8.3 Group R -1. (Health Clinics with Transient Quarters) may utilize an
NFPA 13R sprinkler system throughout the building; a fire barrier can be utilized to
separate the building and utilize an NFPA 13D sprinkler system. In addition, rental
cabins with potable water with stays less than 30 days will be considered R -1's and will
be required to follow this section."
46. *Chapter 9, Section 903.2.8, (Group R) is revised by adding a new Section 903.2.8.4 to
read: "Section 903.2.8.4 Group R -2. An automatic sprinkler system or a residential
sprinkler system installed in accordance with Section 903.3.1.2 must be provided
Mb.
throughout all buildings with a Group R -2 fire area that are more than two stories in
height, including basements, or that have more than four dwelling units or 16 sleeping
rooms." Ned
47. * Chapter 9, Section 903.3.1.1, (NFPA 13 sprinkler systems) is revised by adding a new
Section 903.3.1.1.2 to read: "903.3.1.1.2 Elevator Hoist Ways and Machine Rooms.
When the provisions of this code requires the installation of automatic sprinkler systems,
the installation in elevator hoist ways and machine rooms must occur as described in
Chapter 30 (Elevators and Conveying Systems) and NFPA 13 Elevator Hoist Ways and
Machine Rooms and adopted by reference and the American Society for Mechanical
Engineers (A.S.M.E.) A17.1 Safety Code for Elevators and Escalators (2000 edition)
and adopted by 8 AAC 77.005, as amended as of October 16, 2012 and as amended
from time to time and the fire sprinkler head for the top of elevator shafts may have a
globe valve installed so the single head can be turned off in an emergency. The globe
valve must be marked and sealed or locked in the open position..
Exception: Sprinklers are not required in an elevator machine room where the machine
room is:
(1) separated from the remainder of the building as described in I.B.C.
Section 3006.4;
(2) smoke detection is provided in accordance with NFPA. 72 and
adopted by reference; and,
(3) notification of alarm activation is received at a constantly monitored
location."
(4) Fire extinguisher is provided in the elevator machine room.
48. * Chapter 9, Section 903.3.6, (Hose threads) is revised by deleting "the fire code
official" and replacing it with "AS 18.70.084."
49. * Chapter 9, Section 903.6, (Existing buildings) is revised by adding Section 903.6.1 to
read: "903.6.1 Group E. An approved automatic fire extinguishing system must be
installed in Group E occupancies in accordance with Section 903.2.3, as revised,
whenever alteration, repairs, or additions are made to an existing structure containing a
Group E Occupancy."
50. * Chapter 9, Section 906.1, (Where required) is revised by deleting the exception in
number 1.
51. * Chapter 9, Section 907.1.2, (Fire alarm shop drawings) is revised by adding the
following documents to those that must be submitted for plan review:
14. System riser diagrams
15. Fire system designer stamp, signature, and date.
52. * Chapter 9, Section 907.2.1 (Group A) is revised to replace the exception to read: "A
manual fire alarm system shall be installed in Group A -2 occupancies with an occupant
load of 100 or more."
53. *Chapter 9, Section 907.2.2 (Group B) is revised by deleting the exception.
Ned
1 0�
54. * Chapter 9, Section 907.2.3, is revised by adding a second paragraph to read: " Rooms
used for sleeping or napping purposes within a day care use of a Group E occupancy
‘ must be provided with smoke alarms that comply with Section 907.2.11.2" and by
deleting exception 3.
55. `Chapter 9, Section 907.2.4, (Group F) is revised by deleting the exception.
56. * Chapter 9, Section 907.2.6.1, is revised by deleting exception 1.
57. *Chapter 9, Section 907.2.7, (Group M) is revised by deleting exception 2.
58. *Chapter 9, Section 907.2.8.1, (Group R -1 Manual fire alarm system) is revised by
deleting exception 2.
59. *Chapter 9, Section 907.2.9.1, (Group R -2 Manual fire alarm system) is revised by
deleting exception 2.
60. *Chapter 9, Section 907.2.10.1, (Group R -4 Manual fire alarm system) is revised by
deleting exception 2.
61. *Chapter 9, Section 907.7.2, (Record of completion) is revised by adding a second
paragraph to read: "A copy of the acceptance test certificate verifying completion in
accordance with NFPA 72, as adopted by reference, must be forwarded by the firm
conducting the test to the division of fire and life safety or the deferred jurisdiction
having authority within 30 days of the completion of the installation."
62. * Chapter 9, Section 907.2.11, (Single and multi- station smoke alarms) is revised by
adding a second paragraph to read: "When a plan review is required for an existing
Group R occupancy, smoke alarms must be installed as described in Section 907.2.11."
63. * Chapter 9, Section 907.8.1, (Inspection, testing and maintenance) is revised by adding
a new section to read: "907.8.1.1 (Mancamp relocations) On each portable or relocatable
camp move, a licensed or certified electrician can disconnect and reconnect the fire
alarm system, and a licensed or certified plumber can disconnect and reconnect the
suppression system. The mancamp must be certified by an appropriate fire system
permit holder to provide documentation that the system has been placed back in service
and is ready for operation. System certification documentation is to be retained on site
and available for review upon request. Annual requirements are still required by the
code as referenced by 13 AAC 50.025."
64. *Chapter 9, Section 908.7, (Carbon monoxide alarms) is revised by adding the following
after the first sentence: "At least one carbon monoxide detector or alarm shall be
installed on each floor level."
65. *Chapter 9, Section 908.7, (Carbon monoxide alarms) is revised by adding the following
at the end of the paragraph: "Power source: In new construction, carbon monoxide
detectors and alarms shall receive their primary power from the building wiring if the
wiring is served from a commercial source, and shall be equipped with a battery backup.
Wiring shall be permanent and without a disconnecting switch other than what is
required for overcurrent protection."
66. * Chapter 9, Section 909.18, (Acceptance testing) is revised by adding a new sentence to
read: "A copy of the acceptance test certificate must be forwarded to the division of fire
and life safety or the deferred authority having jurisdiction by the firm conducting the
test within 30 days of the completion of the installation."
67. Chapter 9, Section 910.1, (General) is revised by deleting exception 2.
68. * Chapter 10, Section 1001.1, (General) is revised by adding the following words to the
last sentence of the exception: "as governed by the provisions of AS 18.70.080."
fir.•
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69. * Chapter 10, Section 1009.4, (Stairway width) is revised by adding the following
exception to read: "Exception 5. Ladders used only to attend equipment are exempt from
the requirements of section 1009." ,
70. * Chapter 10, Section 1009.9.2, (Outdoor conditions) is revised by adding a sentence:
"In occupancies that are accessory to Group R -3 occupancies, surfaces and landings
which are part of the exterior stairs in climates with snow or ice shall be designed to
minimize the accumulation of the snow or ice."
71. * Chapter 10, Section 1010.8.2, (Outdoor conditions) is revised by adding a sentence:
"In occupancies other than Group R -3 and Group U occupancies that are accessory to
Group R -3 occupancies, surfaces and landings that are part of the exterior ramps in
climates with snow or ice shall be designed to minimize the accumulation of the snow or
ice."
72. * Chapter 10, Section 1015.2.2, (Three or more exits or exit access doorways) is revised
by adding an exception to read: "Where access to three or more exits is requires, the
separation distance of the third exit door or exit access doorway shall not be less than
one -third of the length of the maximum overall diagonal dimension of the area served."
73. *Chapter 10, Table 1018.1, (Corridor fire resistance rating) is revised by adding footnote
"d" to read: "R -2 occupancies shall be permitted to have a one -hour rated corridor
without a sprinkler system when the corridor:
A. Serves any occupant load greater than 10;
B. Serves less than four dwelling units or 16 or more sleep rooms;
And
C. Is less than three stories in height."
74. * Chapter 10, Section 1019.1, (General) is revised by adding a sentence to read:
"Exterior exit balconies shall be designed to minimize accumulation of snow or ice that
impedes the means of egress."
75. *Chapter 10, Section 1021.2.2, (Basements) is revised by adding a second paragraph to
read: "Basements or the first level below the first story in all occupancies except Group
R -3 occupancies, used exclusively for the basement or first level below the first story
must have at least two exits arranged as described in Section 1015.2. For purposes of
this paragraph, storage rooms, laundry rooms, maintenance offices, and similar uses may
not be considered as providing service to the building."
76. * Chapter 10, Section 1029.1, (General) is revised by deleting exceptions 1 and 3.
77. * Chapter 20, Section 2003.5, (Dispensing of flammable and combustible liquids) the
last sentence is revised to read: "Aircraft motor vehicle fuel- dispensing facilities shall be
in accordance with Chapter 23 of the IFC and NFPA 407, as adopted by reference."
78. * Chapter 20, Section 2005, (Portable fire extinguishers) is revised by deleting Section
2005.8.
79. * Chapter 20, Section 2006.1, (Aircraft motor vehicle fuel- dispensing facilities) is
revised to read: "Aircraft motor vehicle fuel- dispensing stations shall be in accordance
with Chapter 23 of the IFC and NFPA. 407 as adopted by reference."
80. * Chapter 20, Section 2006.3, (Construction of aircraft - fueling vehicles and accessories)
is revised by adding a new exception to read: "Exception: A vehicle or trailer tank with a
capacity of 250 gallons or less may be used for non - commercial refueling of private
non- commercial aircraft if the following requirements are met:
A. The tank is placarded with no smoking signs, the type of fuel
contained in the tank, and the tank capacity;
II Iry B. The tank and all appurtenances used in the fueling operation are
listed and approved for the specific purpose;
C. Electrical bonding is provided as required under Section
2006.3.7."
81. * Chapter 23, Section 2306.2.3, (Above - ground tanks Located outside, above grade) is
revised by adding an item 6 to read: "6. Approved above- ground atmospheric tanks may
be used without special enclosure or fire rating if the following criteria are met:
A. Tanks must be located as required for "Other Tanks" by Table
2306.2.3;
B. Tanks must be enclosed by a six -foot high industrial type chain
link fence with a minimum of two access gates located at
opposite side of the enclosure. Each gate must be at least 36
inches wide. There must be a minimum working distance of
five feet between the tank and the fence."
82. T Chapter 23, Section 2306.7.7.1, (Leak detection) is revised by adding an exception to
read: "Exception: A leak detection device is not required if the underground piping is
extra -heavy wall steel with all welded joints, dielectric coating, and cathodic
protection."
83. Chapter 23, Section 2311.2.3, (Drainage and disposal of liquids and oil - soaked waste)
is revised by adding a sentence to the first paragraph to read: "Where oil separators or
traps are provided, neither the oil nor water phase may drain to septic systems, dry wells,
or other means of underground discharge."
84. Chapter 33, Section 3307.1, (Storage and handling) is revised by adding to the end of the
sentence "and Seward City Code Chapter 9.15, Article 3."
85. Chapter 33, Section 3307.2, (Supervision) is revised by adding to the end of the sentence
"and Seward City Code Chapter 9.15, Article 3."
86. Chapter 50, Section 5001.6, (Facility Closure) is revised to read: "Documentation. The
fire chief of the registered fire department having jurisdiction may require the
documentation of the closure plans for the termination of the storage, use, or handling of
hazardous materials at least 30 days before the termination. The fire chief is authorized
to require that the documentation include as approved facility closure plan in accordance
with Section 5001.6.3. The fire chief may require the submission of the Hazardous
Materials Management Plan and Hazardous Materials Inventory Statement indicated in
Sections5001.5.1 and5001.5.2."
87. * Chapter 56, Section 5601.1, (Scope) is revised to insert "and AS 18.72" after "The
provisions of this chapter."
88. Chapter 56, Section 5601.1.1, (Explosive material standard) is revised to read: "In
addition to the requirements of this chapter, Seward City Code Chapter 9.15, Article 3
and NFPA 495 shall govern the manufacture, transportation, storage, sale, handling and
use of explosive materials."
89. * Chapter 56, Section 5601.1.3, (Fireworks) is revised, with the exceptions remaining, to
read: "The manufacture, storage, sale, handling and use of fireworks is prohibited except
as allowed in this section and AS 18.72."
41 1rrr
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90. * Chapter 56, Section 5601.1, (Scope) is revised by adding a new Section 5601.1.1.6 to
read: "Transportation. Explosive materials must be transported in accordance with 49
C.F.R. Parts 100- 185. No person may sell fireworks, possess, or transport fireworks for
Nord
sale, conduct a fireworks display described in paragraph 5602.4.2 of this section, or
possess, transport or test dangerous fireworks for such a display, unless the person holds
a valid permit or license under this section, and the activity is conducted in accordance
with AS 18.72 and this chapter."
91. Chapter 56, Section 5601.2, (Permit required) is revised to read: "Permits shall be
required as outlined in Seward City Code, Chapter 9.15, Article 3."
92. *Chapter 56, Section 5601.7, (Seizure) is revised by adding the words "or AS 18.72."
93. * Chapter 56 is revised by deleting Sections 5601.2.4 (Financial Responsibility) and
5601.2.4.2 (Fireworks display).
94. * Chapter 56, Section 5601.2.2, (Sale and retail display) is revised by deleting the words
"explosives, explosive materials, or fireworks" and inserting in their place "explosives
and explosive materials."
95. * Chapter 56, Section 5608 is revised by re- titling the section "FIREWORKS RETAIL
SALES AND DISPLAYS."
96. *Chapter 56, Section 5608.1, (General) is revised by adding a second paragraph to read:
"Retail sales of salable fireworks must comply with Section 5608.11."
97. *Chapter 56, Section 5608.2, (Permit application) is revised to read: "Permit application.
(1) The following licenses or permits are required to conduct activity described in
Section 105.6 of the IFC:
(a) wholesalers license, as described in AS 18.72, to sell, or possess for
sale, 1.4G or 1.3G fireworks at wholesale;
(b) a retailer's permit, as described in AS 18.72, for each location where
the applicant intends to sell, or possess for sale, 1.4G fireworks at retail; Niad
(c) a pyrotechnic operator's permit to conduct a fireworks display or non -
routine testing of 1.3G fireworks, or to possess fireworks for display or non - routine
testing of 1.3G fireworks;
(d) a fireworks event permit for each event involving public or private
display of any amount of 1.3G fireworks or 250 gross pounds (113.4 kg) of salable
fireworks; or
(e) an annual permit for routine testing of 1.3G fireworks.
(2) A license or permit under (a) (1) — (4) of this paragraph must be obtained from
the state fire marshal's office. A permit under (a) (5) of this paragraph may be obtained
from the state fire marshal's office or, on a form approved by the fire marshal, from the
chief of the registered fire department in the jurisdiction where the testing will occur.
(3) An application for a license or permit under (a) (1) — (4) of this paragraph
must be received by the fire marshal's office 14 days before the activity is scheduled to
occur. A permit under (a) (5) of this paragraph must be issued before the routine testing
occurs.
(4) Applications for a license or permit must include,
(a) for a license or permit under (a)(1) or (2) of this paragraph, proof of
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insurance as required and in the amount set out in AS 18.72.020; or
(b) for a permit under (a) (3) — (5), a certified copy of a policy of public
liability and products liability insurance, including both accident and occurrence
insurance, for not less than $1,000,000 for bodily injury and death, and not less than
$500,000 for property damage;
(5) An application for a retailer's permit under (a) (2) of this paragraph or for a
fireworks event under (a) (4) of this paragraph must include a plan and drawings,
satisfactory to the state fire marshal, showing and describing the sales location or display
site;
(6) An application for a pyrotechnic operator's permit under (a) (3) of this
paragraph must include proof satisfactory to the state fire marshal that the applicant:
(a) has passed a written examination administered by the state fire
marshal; and
(b) has participated as an assistant to a licensed pyrotechnic operator in six
licensed displays in this state or holds a valid pyrotechnic operator's permit or license
from another state.
(7) An applicant for a fireworks event permit under (a) (4) of this paragraph or for
testing under (a) (5) of this paragraph must hold a valid pyrotechnic operator's permit
under (a) (3) of this paragraph."
98. *Chapter 56, Section 5608.2, (Permit application) is revised by adding a new Section
5608.2.3 to read: "Section 5608.2.3, Revocation and suspension. A permit for the retail
sale of salable fireworks is void if the intended place of sale or use of the permit is
within a jurisdiction that, by ordinance, has prohibited the sale or use of fireworks or if
the permit holder sends, transports, or delivers fireworks to a jurisdiction that by
ordinance has prohibited the sale or use of fireworks.
The State Fire Marshal may revoke a permit or license if:
(I) the permittee or licensee fails to comply with a notice of violation and
order to correct by the date set in the order;
(2) the permittee or licensee is cited more than one time for the same
violation of AS 18.72 or the fire code regulations in this chapter in the same calendar
year; or
(3) the permittee or licensee conducts business in a way that presents an
immediate threat to life or property.
If a permit or license is revoked, the permittee or licensee may file a written
appeal to the State Fire Marshal, who will review the revocation and issue a written
decision within 10 days after the appeal. The appeal must be postmarked within seven
days following the date of receipt of the revocation. Once a permit or license is revoked,
the permittee or licensee may not apply for or be granted a new permit or license for the
sale, use, or display of fireworks for one year from the date of revocation."
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99. * Chapter 56, Section 5608.6, (Installation of motors) is revised by adding a new Section
5608.6.1 to read: "5608.6.1 Mortar construction. Mortars must be constructed of paper,
high density plastic pipe, or metal other than cast iron."
Ned
100. Chapter 56, Section 5608.11, (Retail display and sale) is revised by adding a new
section to read: "5608.11 Retail display and sale. The retail display and sale of
fireworks shall be prohibited within Seward City limits."
101. * Chapter 57, Section 5704.3.5.1, (Basement storage) is revised by deleting this
section.
102. * Chapter 57, Section 5706.3, (Well drilling and operation) is revised by adding a
second sentence to read: "This section does not apply to offshore oil platforms."
103. * Chapter 58, Section 5801, (General) is revised by adding a new Section 5801.3
to read: "5801.3 Plan review. Where a single container is over 500 - gallon (1892.7 L)
water capacity or the aggregate capacity of containers is over 500- gallon (1892.7 L)
water capacity, the installer shall submit plans for review before installation in
accordance with 13 AAC 50.027."
104. * Chapter 80 (Referenced standards) is revised by changing the referenced standards
from the publication date listed to the following edition, and the standards are adopted by
reference:
N.F.P.A. 10 -2013 Portable Fire Extinguishers
N.F.P.A. 12 -2011 Carbon dioxide extinguishing systems;
N.F.P.A. 12A -2009 Halon 1301 fire extinguishing systems;
N.F.P.A. 13 -2013 Installation of Sprinkler Systems;
N.F.P.A. 13D- 20072013 Installation of Sprinkler Systems in One and Two Family
Dwellings and Manufactured Homes;
N.F.P.A. 13R- 20072013 Installation of Sprinkler Systems in Residential
Occupancies Up to and Including Four Stories in Height;
N.F.P.A. 14- 2013 Standpipe and Hose Systems;
N.F.P.A. 20 -2013 Installation of Stationary Pumps for Fire Protection;
N.F.P.A. 72- 2013 National Fire Alarm and Signaling Code;
N.F.P.A. 720 -2012 Standard on Installation of Carbon Monoxide Warning Equipment
in Dwelling Units;
N.F.P.A. 750- 2010 Standard on Water Mist Fire Protection System;
N.F.P.A. 2001 -2012 Clean agent fire extinguishing systems
105. Appendix A, Board of Appeals, is adopted and revised to read: "A101.1 Scope. A board
of appeals shall be established within the jurisdiction for the purpose of hearing
applications for modification of the requirements of the International Fire Code. The
procedure for the board of appeals is established in Seward City Code, Chapter 9.15,
Article 1, Section 9.15.112." The remainder of Appendix A is deleted.
CVA
106. ( - -) Appendix of the IFC is revised by adding APPENDIX K as follows:
"APPENDIX K FIRE STATUS REPORTING"
K101, (Scope) All fire service companies providingservices in the State of Alaska shall
p rovide a legible copy of all fire system ser vice repor to t closest Fire and Life Safety
Office as adopted and amended to the 2012 IFC as listed below.
Exception: Industrial occupan with a fire system preventive maintenance
program approved by the Division of Fire and Life Safety
See below for contact information.
K102, (Status lI Systems out of service or Major Deficiencies: The fire service
com ' an shall immediatel contact the closest State Fire Marshal Office if the system
cannot be returned to service. On a weekend or after hours contact the closest State Fire
Marshal Office on the first business da . Written notification shall be faxed to the closest
State Fire Marshal Office within 24 hours. Notification may be made by email.
K102.1, Corrective Action time: Status 1 reports shall be repaired immediately.
K102.1.1, For example but not limited to:
K102.1.1.1, Fire Sprinkler or Water Based Systems:
1. Non - working flow /pressure switches.
2. Damage to fire department connections.
AIL
3. No water to system.
4. Frozen or otherwise damaged system.
K102.1.1.2, Fire Pumps:
1. Non - working fire pumps.
2. Fire pump controls not working or malfunctioning.
K102.1.1.3, Fire Alarm Systems (detection and alarm):
1. Non - working fire alarm panel.
2. Malfunctioning fire alarm panel.
3. Audio and visual devices not working entire loop.
4. Detection not working entire detection loop,.
5. Loss of programming.
Nvied
K102.1.1.4, Kitchen Hood Fire Systems:
1. System cylinder is not charged or leaking.
2. Appliance not properly covered due to rearrangement of appliances.
3. Plugged discharge nozzles.
4. Automatic detection not functional.
5. Gas or electric not shutting down.
K102.1.1.5, Clean Agent or Special Hazard System:
1. System cylinder is not charged or leaking.
Nord
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2. Releasing panel not functional.
K102_(Status 2) Syste t hat have critical deficiency reports sh p
all be rovided to the
closest Fire and Life Safety Office within 14 days.
K103.1, Corrective action Time: Stat 2 sys tems shall be repaired within 14 days
K103.1.1, For example (but not limited to):
K103.1 F ire Sprinkler or Water Based System:
1. Five or more ainted s. rinkler heads in a concentrated area or more than 10 in
a facility.
Sow. 2. Change of use that will affect the performance of the s prinkler system.
3. Low water pressure.
4. Any other major problem that will affect the performance.
5. No monitoring on required systems.
K103.1.1.2, Fire Pumps:
1. Low fuel
2. Pump packing leaking beyond specifications.
3. Fire pump room below 40 degrees.
4. Fire pump not meeting its rated discharge pressure or GPM flow over a 10
percent difference.
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5. Any other major problem that will affect the performance.
Nord
K103.1.1.3, Fire Alarm Systems (detection and alarm):
1. Batteries overdue for replacement.
2. No monitoring on required system.
3. Audio and visual devices not working -up to three devices, over three devices
status 1.
4. Detection not working -up to three devices, over three devices status 1.
5. Any other major problem that will affect the performance.
K103.1.1.4, Kitchen Hood Fire Systems:
1. Hood and ducts with heavy grease buildup.
2. Any other major problems that will affect the performance.
K104, (Status 3) Minor deficiency reports shall be provided to the closest State Fire
Marshal's Office within 30 days. These deficiencies will not affect the performance of the
system.
K104.1, Corrective Action Time: Status 3 systems shall be repaired within 30 days.
K105, (Status 4) System with no deficiencies shall be reported to the closest State Fire
Marshal Office within 30 days.
K105.1 System service reports shall have the following information on them:
1. ins ection com . an name shall be I tinted on all re . orts with address and ; 1 hone
nuniber;
2. ins, ector's first and last name shall be s rinted with State of Alaska fire s stems
permit number;
3. ins s ector's tele hone number: office and cell tele . hone numbers if available.
4. deficiencies shall be typed or written and shall be printed text. No cursive or
longhand handwriting is acceptable. Reports shall be written with a minimum line spacing
of a 3/8 inch per line.
5. all reports shall have building name, occupancy inspected, and address clearly
identified on the first I a • e and all subset uent s a . es shall have the buildin' name and date
of inspection on the top of the page;
6. all reports shall have the building contact • erson's name with tele I hone number
on the front paw
7. only white and yellow copies will be accepted by the state division of fire and life
safety for reports submitted;
8. deficiency write ups must include the code citation that is in violation and a
description of the problem.
Items having minor deficiencies shall be mailed within 30 da s to:
State Division of Fire and Life Safety
5700 E. Tudor Road, Anchorage AK 99507; Phone 907 - 269 -5637, Fax 907 - 269 -5018
1 1, 1
1979 Peger Road, Fairbanks AK 99709; Phone 907 - 451 -5200, Fax 907 - 451 -5218
2760 Sherwood Lane, Ste.2 -B, Juneau, AK 99801; Phone 907 - 465 -4331 Fax 907 - 465 -5521
Systems out of service and those with major deficiencies shall have a report faxed to the
closest state division of fire and life safety office and mailed immediately within one day to
the address listed in this appendix.
(Eff. 1/14/81, Register 77; am 8/2/86, Register 99; am 10/28/90, Register 116; am 6/10/93,
Register 126; am 8/31/96, Register 139; am 3/27/99, Register 149; am 9/15/2001, Register
159; am 8/27/2004, Register 171; am 9/12/2007, Register 183; am / / , Register
Authority: AS 18.70.080
12.05.021 International Residential Code Adopted.
'' A. The International Residential Code, 2012 Edition, approved and published
by the International Code Council (Consisting of the Building Officials
Code Administrators (BOCA); the International Conference of Building
Officials (ICBO), and the Southern Building Code Congress International,
Inc. (SBCCI)), is hereby designated and shall be known as the Seward
residential code and shall constitute the laws of the city relating to
residential building regulation. Although not published in full in this
section, all of the provisions of the International Residential Code, 2012
Edition, except as provided in subsection D. of this section, shall be and
are hereby adopted by reference to the same extent as if set forth in full in
this section except to the extent that the International Residential Code
shall be in conflict with this code or any relevant ordinance later adopted,
in which case the provisions of this code shall prevail.
B. The City of Seward shall possess three copies of the city designated
edition of the International Residential Code, for public use, inspection
and examination, so long as the provisions thereof remain in force.
C. The International Residential Code (IRC) is adopted to regulate all
residential occupancies and buildings in the City of Seward. It shall be
unlawful for any person to erect, construct, enlarge, alter, repair, move,
remove, improve, convert, demolish, or equip any building or structure in
the city, or cause or permit the same to be done, contrary to or in violation
of any of the provisions of the International Residential Code adopted and
incorporated as the Seward residential building code by this section.
D. The International Residential Code, 2012 Edition, adopted in Subsection
A of this section, is hereby amended by adopting the following revisions
and exceptions to the I.R.C.:
The IRC is revised by deleting all references to the "International Fuel Gas Code ", with the
exception of chapter 6 and 7 and all references to the "International Plumbing Code" and
replacing them with "Plumbing Code as adopted by 8AAC 63.010, as amended as of February
23. 2011 and as amended from time to time.
(1) Chapter 1, Section R101.1, of the I.R.C. is revised by inserting "City of Seward" as
"name of jurisdiction."
8101.1 Title.
These provisions shall be known as the Residential Code for One- and Two-family Dwellings of
The City of Seward and shall be cited as such and will be referred to herein as "this code."
Not
(2) Chapter 1, Section R102.7, of the I.R.C. is revised by deleting the words "the
International Property Maintenance Code or ".
R102.7 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.
(3) Chapter 1, Section R103, of the IRC is revised by replacing the existing title
"DEPARTMENT OF BUILDING SAFETY" with "BUILDING DEPARTMENT ".
SECTION R103 BUILDING DEPARTMENT
Chapter 1, Section R103.1 CREATION OF ENFORCEMENT AGENCY, is revised by
deleting the entire paragraph and title and replacing it with "R103.1 General. The Building
Department is hereby created and the official in charge thereof shall be known as the building
official. ,,i
This was changed to reflect the current department configuration
(4) Chapter 1, Section R105.3.1.1, SUBSTANTIALLY IMPROVED OR
SUBSTANTIALLY DAMAGED EXISTING BUILDINGS AND STRUCTURES, is revised
by deleting "Table R301.2 (1)" and inserting the words "City of Seward Ordinance Section
9.15.140."
R105.3.1.1 Determination of substantially improved or substantially damaged existing buildings
in flood hazard areas.
(5) For applications for reconstruction, rehabilitation, addition or other improvement of
existing buildings or structures located in a flood hazard area as established by "City of Seward
Ordinance Section 9.15.140. ", the building official shall examine or cause to be examined the
construction documents and shall prepare a finding with regard to the value of the proposed
work. For buildings that have sustained damage of any origin, the value of the proposed work
shall include the cost to repair the building or structure to its predamaged condition. If the
building official finds that the value of proposed work equals or exceeds 50 percent of the market
value of the building or structure before the damage has occurred or the improvement is started,
the finding shall be provided to the board of appeals for a determination of substantial
improvement or substantial damage. Applications determined by the board of appeals to
2 ,�
constitute substantial improvement or substantial damage shall require all existing portions of the
entire building or structure to meet the requirements of Section R322.
(6) Chapter 1, Section R106.1.3, INFORMATIONAL FOR CONSTRUCTION IN
FLOOD HAZARD ARES, is revised by deleting "Table R301.2(1)" and inserting the words
"City of Seward Ordinance 15.25 ".
R106.1.3 Information for construction in flood hazard areas.
For buildings and structures located in whole or in part in flood hazard areas as established by
City of Seward Ordinance 15.25. Construction documents shall include:
1. Delineation of flood hazard areas, floodway boundaries and flood zones and the design
flood elevation, as appropriate;
2. The elevation of the proposed lowest floor, including basement; in areas of shallow
flooding (AO Zones), the height of the proposed lowest floor, including basement, above the
highest adjacent grade;
3. The elevation of the bottom of the lowest horizontal structural member in coastal high
hazard areas (V Zone); and
S tay 4. If design flood elevations are not included on the community's Flood Insurance Rate
Map (.FIRM), the building official and the applicant shall obtain and reasonably utilize
any design flood elevation and floodway data available from other sources.
(7) Chapter 1, Section R107, TEMPORARY STRUCTURES AND USES, is deleted in its
entirety.
This change was added to address the concern from City Manager Oates and compromise
with the Seward planning and Zoning Commission. The section will read: "108.1 General.
The building official is authorized to issue a permit for temporary structures and temporary
uses. Temporary structure shall be limited as to time of service, but shall not be permitted
for more than a calendar year. A temporary structure permit can only be renewed for five
calendar years on the same property. Temporary uses shall be limited to time of service but
shall not be permitted, for more than 30 days. The building official is authorized to grant
e.xtensions for demonstrated cause." The purpose of this change was to pronzote some
incentive to make the temporary structure permanent, while providing some income for
improvement. This allows for the temporary structure to be used throughout the calendar
year, but for only five years on that property /site. The temporary use permit is for thirty
3
days, this would be used where the temporary use would normally require the structure to
have more exits, sprinklers, alarm systems, etc; which it may not have, but with conditions
the use can be approved.
(8) Chapter 1, Section R108.2, SCHEDULE OF PERMIT FEES, is amended by deleting
all after "in accordance with " and inserting the words " Table 1 -A, Building Permit Fees" and
inserting Table 1 -A in the text.
R108.2 Schedule of permit fees.
On buildings, structures, electrical, gas, mechanical and plumbing systems or alterations
requiring a permit, a fee for each permit shall be paid as required, in accordance with
Table 1 -A, Building Permit Fees.
Table 1 -A
TABLE 1 -A BUILDING PERMIT FEES
Total Valuation Fee
$1.00 to $500.00 $23.50
$501.00 to $2,000.00 $23.50 for the first $500.00 plus $3.05 for
each additional $100.00, or fraction thereof,
to and including $2,000.00
$2,001.00 to $25,000.00 $69.2.5 for first $2,000.00 plus $14.00 for
each additional $1000.00, or fraction thereof,
to and including $25,000.00.
$25,001.00 to $50,000.00 $391.25 for the first $25,000.00 plus $10.10
for each additional $1,000.00, or fraction
thereof, up to and including $50,000.00
$50,001.00 to $100,000.00 $643.75 for the first $50,000.00 plus $7.00
for each additional $1,000.00, or fraction
thereof, up to and including $100,000.00.
$100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60
for each additional $1,000.00, or fraction
thereof, up to and including $500,000.00.
$500,001.00 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus
$4.75 for each additional $1,000.00, or
fraction thereof, up to and including
$1,000,000.00.
4 Ng
®t-
$1,000,001.00 and up $5,608.75 for the first $1,000,000.00 plus
rr $3.15 for each $1,000.00, or fraction thereof.
Other Inspections and Fees
1. Inspections outside of normal business
hours... $47.00 per hour
2. Inspections for which no fee is
specifically indicated.
3. Additional plan review required by $47.00 per hour
changes, additions or revisions to plans
(minimum charge - one -half hour). $47.00 per hour
4. For use of outside consultants for plan
checking and inspections, or Actual Costs
both
Chapter 1, Section R111, SERVICE UTILITIES, is deleted in its entirety. The reason is that
Connects and Disconnects are handled by the Utility Counter and the Electric
Department.
(10) Chapter 1, Section R112.1 GENERAL, is amended by adding the words "consisting of
the City Council of the City of Seward." after the words "hereby created a board of appeals."
The period after the word "appeals" is deleted and the third sentence starting with the words "the
board of appeals shall...." is deleted in its entirety.
R112.1 General.
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 consisting of the City Council of the City of
Seward. The building official shall be an ex officio member of said board but shall have
no vote on any matter before the board. The board of appeals shall be appointer) by the
governing body and shall hold office at its pleasure.
(11) Chapter 1, Section R112.3, QUALIFICATIONS, is amended by deleting the entire
paragraph and title.
(12) Chapter 3, Table R301.2(1), CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA,
TABLE 8301.2 (1)
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
5
bb
Add the following information in the table:
Ground Snow Load 80 psf
Uniform Roof Load 80 psf
Wind Speed 100 mph
Topographic effects No
Seismic Design Category D 2
Weathering Severe
Frost Line Depth 42 inches
Termite None — Slight
Winter Design Temp. -20 Degrees F
Ice Barrier Underlayment required Yes
Flood Hazards Yes, see Flood Hazards Maps
Air Freeze Index 1673
Mean Annual Temp. 39 Degrees F
Decay Slight — Moderate
The criteria in the above table is filled out by the jurisdiction adopting the code; all but the
"Uniform Roof loads" are carried over unchanged from previous year's code adoptions. The
"Uniform Roof load" is added to simplify the structural design calculations for engineers and to
verify that the minimum roof (snow) load of 801b will always be implemented.
(13) Chapter 3, Section R302.5.1 Opening protection is amended by adding a sentence at
the end of the section "All door openings between garage and residence must be equipped with
smoke gaskets."
This section was added to previously adopted residential codes to verify no carbon monoxide or
smoke would enter the house from the garage. This section will read: R302.5.1 Opening
protection.
Openings from a private garage directly into a room used for sleeping purposes shall not be
permitted. Other openings between the garage and residence shall be equipped with solid wood
doors not less than 13/8 inches (35 mm) in thickness, solid or honeycomb -core steel doors not
less than 13/8 inches (35 mm) thick, or 20- minute fire -rated doors, equipped with a self - closing
device.
(14) Chapter 3, Section R302.6 Dwelling/Garage fire separation is amended by changing the
first sentence to read "The garage shall be separated from the residence by a minimum of one
hour occupancy separation" and delete table R302.6.
This section was added to previously adopted residential codes and will read: R302.6
Dwelling /garage fire separation.
The garage shall be separated from the residence by a minimum of one hour occupancy
separation. Openings in garage walls shall comply with Section R302.5. This provision does not
apply to garage walls that are perpendicular to the adjacent dwelling unit wall.
(15) Chapter 3, SectionR302.7 Under-stair protection is amended by replacing 1/2- inch with
6
g\PCO
"5/8- inch"
This section was added to previously adopted residential codes for additional fire protection of
stairs and will read: R302.7 Under -stair protection.
Enclosed accessible space under stairs shall have walls, under -stair surface and any soffits
protected on the enclosed side with 5/8- inch (12.7 ruin) gypsum board.
(16) Chapter 3, Section R310.1 EMERGENCY ESCAPE AND RESCUE REQUIRED is
amended by numbering exception in the IRC Code 1. and adding exception number 2:
2. Where windows are provided as a means of escape or rescue in a basement, they shall
have a finished sill height of not more than 48 inches above the finished floor."
This section was added to previously adopted residential codes to accommodate masonry
foundation and to avoid deep window wells and will read: R310.1 Emergency escape and rescue
required.
Basements, habitable attics and every sleeping room shall have at least one operable emergency
escape and rescue opening. Where basements contain one or more sleeping rooms, emergency
egress and rescue openings shall be required in each sleeping room. Where emergency escape
and rescue openings are provided they shall have a sill height of not more than 44 inches (1118
mm) measured from the finished floor to the bottom of the clear opening. Where a door opening
having a threshold below the adjacent ground elevation serves as an emergency escape and
rescue opening and is provided with a bulkhead enclosure, the bulkhead enclosure shall comply
Sow with Section R310.3. The net clear opening dimensions required by this section shall be obtained
by the normal operation of the emergency escape and rescue opening from the inside.
Emergency escape and rescue openings with a finished sill height below the adjacent ground
elevation shall be provided with a window well in accordance with Section R310.2. Emergency
escape and rescue openings shall open directly into a public way, or to a yard or court that
opens to a public way.
Exception:
1. Basements used only to house mechanical equipment and not exceeding total
floor area of 200 square feet (18.58 m2).
2. Where windows are provided as a means of escape or rescue in a basement, they
shall have a finished sill height of not more than 48 inches above the finished floor."
(17) Chapter 3, Section R313.1 TOWNHOUSE AUTOMATIC FIRE SPRINKLER
SYSTEMS is amended by at the end of the sentence adding; "that exceeds a total of 3600 square
feet per unit or as required by the International Fire Code as adopted ".
This is a new section that will read: R313.1 Townhouse automatic fire sprinkler systems.
An automatic residential fire sprinkler system shall be installed in townhouses that exceeds a
7
'Nor,
total of 3600 square feet per unit or as required by the International Fire Code as adopted.
(18) Chapter 3, Section R313.1 EXCEPTION is amended by at the end of the sentence
adding; "unless the total square footage per unit exceeds 3600 square feet."
This is a new section that will read: Exception: An automatic residential fire sprinkler system
shall not be required when additions or alterations are made to existing townhouses that do not
have an automatic residential fire sprinkler system installed unless the total square footage per
unit exceeds 3600 square feet
(19) Chapter 3, Section R313.2 ONE AND TWO - FAMILY DWELLINGS AUTOMATIC
FIRE SYSTEMS is amended by at the end of the sentence adding; "that exceeds a total of
3600 square feet per unit or as required by the International Fire Code as adopted ".
This is a new section that will read: R313.2 One- and two-family dwellings automatic fire
systems. An automatic residential fire sprinkler system shall be installed in one- and two-family
dwellings.
(20) Chapter 3, Section R313.2 EXCEPTION is amended by at the end of the sentence
adding; "unless the total square footage per unit exceeds 3600 square feet."
This is a new section that will read: Exception: An automatic residential fire sprinkler system
shall not be required for additions or alterations to existing buildings that are not already
provided with an automatic residential sprinkler system unless the total square footage per unit
exceeds 3600 square feet.
(21) Chapter 3, R315 CARBON MONOXIDE ALARMS Add new subsection: R315.1.1
In new construction, carbon monoxide alarms shall receive their primary power from the
building wiring where such wiring is served from a commercial source and shall be
equipped with a battery back -up. Wiring shall be permanent and without disconnecting
switch other than those required for overcurrent protection. In existing construction,
carbon monoxide detectors shall be permitted to be battery powered or cord - and -plug
type with battery backup. This section was added to previously adopted residential codes
to comply with State of Alaska regulations for sleeping quarters.
(22) Chapter 3, Section R317.3.1 FASTENERS FOR PRESERVATIVE- TREATED
WOOD is amended by deleting the exceptions.
This section was also deleted in previously adopted residential codes. The exceptions allows for
non - galvanized anchors which has been an issue in our wet climate causing serious
damages, such as failing decks.
(23) Chapter 3, section R322.1 GENERAL is amended by replacing the words " in Table
8 ,i
301,2(1)" with the words "by the City of Seward Flood Zone Maps"
This section was added to previously adopted residential codes and will read: R322.1 General.
Buildings and structures constructed in whole or in part in flood hazard areas (including A or V
Zones) as established by the City of Seward Flood Zone Maps shall be designed and
constructed in accordance with the provisions contained in this section. Buildings and
structures located in whole or in part in identified floodways shall be designed and
constructed in accordance with ASCE 24.
(24) Chapter 3 Section 322.1.7 PROTECTION OF WATER SUPPLY AND SANITARY
SEWAGE SYSTEMS, in the last sentence, delete all after "plumbing provisions of this code"
and insert a period after "code ".
This section is amended by deleting the reference to the "International Private Sewage Disposal
Code" which is not adopted by the City of Seward. The code section will now read: R322.1.7
Protection of water supply and sanitary sewage systems.
New and replacement water supply systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems in accordance with the plumbing provisions
of this code. New and replacement sanitary sewage systems shall be designed to minimize
or eliminate infiltration of floodwaters into systems and discharges from systems into
floodwaters in accordance with the plumbing provisions of this code.
'Slow (25) Chapter 4, Section R401.1 APPLICATION is amended by deleting "Table R301.2 (1)"
and replacing it with "City of Seward Flood Zone Maps"
The new section will read: R401.1 Application.
The provisions of this chapter shall control the design and construction of the foundation and
foundation spaces for all buildings. In addition to the provisions of this chapter, the
design and construction of foundations in flood hazard areas as established by City of
Seward Flood Zone Maps shall meet the provisions of Section R322. Wood foundations
shall be designed and installed in accordance with AF &PA PWF.
(26) Chapter 4, Section R403.1.3 SEISMIC REINFORCING, by deleting the Exception.
This exception was deleted in previously adopted residential codes to stay in consistency with
FEMA Flood and Tsunami Ready Communities.
(27) Chapter 4, Section R403.1.6.1 FOUNDATION ANCHORAGE IN SEISMIC DESIGN
CATEGORIES C, DO, D1 and D2 is amended by changing the anchor bolt spacing in item #2
and #3 to read "not more than 4 feet ".
These changes are carried over from previously adopted codes and are in consistence with local
9
g
construction practices, and will read:
2. Exterior and Interior braced wall plates shall have anchor bolts spaced at not
more than 4 feet (1829 mm) on center and located within 12 inches (305 mm) of the ends
of each plate section when supported on a continuous foundation.
3. Interior bearing wall sole plates shall have anchor bolts spaced at not more than
4 feet (1829 mm) on center and located within 12 inches (305 mm) of the ends of each
plate section when supported on a continuous foundation.
(28) Chapter 4, Section R404.1 Concrete and masonry foundation walls is deleted in its
entirety.
This section through Table R404.1.1 (4) below are deleted and replaced with R404.3.5 which is
the same table adopted in previous codes. R404.3.5 was adopted from the Uniform
Building Code which put all the required rebar sizing and spacing in one easy to follow
table.
(29) Chapter 4, Section R404.1.1, MASONRY FOUNDATION WALLS, is deleted in its
entirety.
(30) Chapter 4, Section R404.1.2, CONCRETE FOUNDATION WALLS, is deleted in its
entirety.
(31) Chapter 4, Section R404.1.3, DESIGN REQUIRED is deleted in its entirety.
(32) Chapter 4, Section R404.1.4 SEISMIC DESIGN CATEGORIES Di AND D2, is
deleted in its entirety.
(33) Chapter 4, Table R404.1.1 (1), PLAIN CONCRETE AND PLAIN MASONRY
FOUNDATION WALLS, is deleted in its entirety.
(34) Chapter 4, Table R404.1.1 (2), REINFORCED CONCRETE AND MASONRY
FOUNDATION WALLS, is deleted in its entirety.
(35) Chapter 4, Table R404.1.1 (3), REINFORCED CONCRETE AND MASONRY
FOUNDATION WALLS, is deleted in its entirety.
(36) Chapter 4, Table R404.1.1 (4), REINFORCED CONCRETE AND MASONRY
FOUNDATION WALLS, is deleted in its entirety.
(37) Chapter 4, Section R404.3.1 is created, REINFORCED CONCRETE.
This section has been adopted in previous codes and came from the Uniform Building Code, This
10 *gild
put all the required rebar sizing and spacing for our area in one easy to follow table.
This will read:
1. The minimum reinforcement for reinforced concrete shall be as follows:
12" Walls 10" Walls
#4 @ 12" o.c. each face horizontal #4 @ 8" o.c. horizontal
#4 @ 18" o.c. each face vertical #4 @ 12" o.c. vertical
8" Walls 6" Walls
#4 @ 10" o.c. horizontal #4 @ 12" o.c. horizontal
#4 @ 16" o.c. vertical #4 @ 18" o.c. vertical
2. Reinforced concrete walls shall be anchored to all floors and roofs in accordance with
Chapter 16 and 19 of the International Building Code, 2000 edition.
3. All intersecting reinforced concrete walls shall be tied together.
4. All interior and exterior concrete walls shall be reinforced.
5. All structural members framing into or supported on concrete walls or columns shall be
r► anchored.
ALTERNATE REINFORCEMENT FOR CONCRETE WALLS
6" Walls ) #4 @ 12" hor. #3 @ 8" hor. #5 @ 13" hor.
) #4 @ 18" vert. #3 @ 12" vert. #5 @ 18" vert.
8" Walls ) #4 @ 10" hor. #3 @ 5 1/2" hor. #5 @ 15" hor.
) #4 @ 16" vert. #3 @ 9" E.F. vert. #5 @ 18" vert.
10" Walls ) #4 @ 8" hor. #3 @ 9" E.F. hor. #5 @ 12" hor.
) #4 @ 12" vert #3 @ 15" E.F. vert. #5 @ 18" vert.
12" Walls ) #4 @ 12" E.F. Hor.
#3 @ 7 1/2"
E.F. hor. #5 @
18" E.F. hor.
) #4 @ 18" E.F. vert. #3 @ 12" E.F. vert. #5 @ 18" E.F. vert.
(E.F. -Each Face)
11
)`\
(38) Chapter 4, Figure 404 -31, TYPICAL FOUNDATION AND FOOTING DEPTH, is
added as shown:
The below three figures have been adopted in previous codes to visually help with code
compliance.
TYPICAL EXTERIOR INTERIOR PONY WALL INTERIOR PONY WALL
FOUNDATION ON FOOTING ON CONCRETE FLOOR
I2*— bottom p soil per en
minimum 3 -168 per 16"
Maximum 5' differential fill between inside versus
shear .all edge nod de nm to 'inside o r engineered rnlroint reau'red
Sill connection per engineer
��. JOISTS PER PKPN
8' poured o foundation w II,
m' won required p dwnen wpu Tappan: ����� -� -- � -- � �
3 Moors or engineered design required. �I i
I` fit 2z treated eated he-!n sill - !nicker ain for regi�r <a r
10' 6" , "I +i:�� some nailing patterns (near con be used when
'� / shear wall edge nailing nd anchor bolt spacing
`T,. = are designed for cedar ).
N'�iji�i ��i��i` 6 & eammereml: 5/8x10 gale anchor bolts
"%>�"•`i9.:,� i ���i% '► - / 1" embed 0 4B" 04 2020/16 plate washers.
Chu ..!lino no 5 rebor 0 32" �,.- Single family At duplex: 5/8.10 gory. anchor bolts \
oc w/ 30 d:om lop, horaontol no. w/ , em5ed.0 48" oc.
reoar 0 48" oc w/ 40 therm, lap '
Poured: venereal no, 5 rebor 0 18" 42 1i - �08 insulation, thermal bornK loom oslie Insulation
c 15 ( B" I p, h nxonl I no. 5 raper • sulolion approved for use without thermal borne!
oc o/ 12" lop. See 40,0001 16, r wire mean o lionpl�
15# tel o a ply hot mop - �"- ; . �8 -ml Polyethylene moisture carrier "" p
approved - -_ \ T
water pro ?r botl m pra I . `� -` 1I-� v,,,, i
or loaling tO grade r` �t ,'"N'' oJO` �\ii� ��/ •$•4? `Ii%\S: J`� !% ?%��i ` l , ` 1 0 ,
10x16 looting. ( o. 5
rebel. y I 2 5 rebor coot., f - -16" it I y
hook d requoe• r c nl. uoua. j1 16 ] dr i2" salice
3" corer k 12" Wee
(39) Chapter 4, Figure 404 -31, TYPICAL PONY WALL FOR SPLIT LEVEL, is added as
shown:
12 ,
D.,\3,
2x6 studs,
exterior sheathing.
shear wall edge nail per engineer,
minimum 8d 0 6" oc. bottom plate nail per engineer
I minimum 3 -16d per 16"
8 " poured or crnu foundation wall, 2X treated hem —fir sgl with sill sealer — thicker sill
10 "" wall required when wall supports I required for some nailing patterns
3 floors or engineered design required.
j� . used when shear wall edge nailing and a anchor be
r " ^= i bolt spacing are designed for cedar ).
5/8x10 10' 6" min, Irk R -1 & commercial: 5
/ golv. anchor bolts
6 "1:::: Ili M. w/ 7" embed. 0 48 "' oc 2x2x3/16 plate washers.
����.�w�� ✓i'*7 \
sr l� ✓!f ✓ii�/i� ✓i` ✓i/✓�j�f�J�J w/ 7" embed.® 48" oc. / 9oly. anchor bolts
1l �l LA' ii / i i �J� 11 1 Single family & duplex: 5 8x10
CMU: vertical no. 5 rebor 0 32" j I no. 5 rebar continuous
oc, horizontal no. 5 rebar 0 --
48" oc. 40 bar diameter splices. 1Poured: verticol no. 5 rebor 0 18" 42" 5' differential fill between inside versus
oc , horizontal no. 5 rebor ® 15" o outside or engineered restraint required.
or per Handout 16. 12" lap splices. 1
15# felt 2 ply hot mop j
or terhr or approved
water proof bottom m of of
footing to above grade 10 "
\ \j e � 3 1/2" slob minimum
\ (2) no. 5 rebar continuous,
16" / \ 3" cover and 12" splice. Hook
os Illiir (40) Chapter 4, figure 404 -37, TYPICAL BASEMENT FOUNDATION WALL, is added
as shown:
'lire 13
DO NOT BACKFILL ABOVE 4' UNTIL
BLOCKING, FRAMING ANCHORS &
PLYWOOD NAILS ARE INSTALLED.
! bottom plate nail per engineer
minimum 3 -168 aer 16`
5 -10d common or
7 -10d box sheothing
shear wall edge nail & rim to / / to joist- b■ocking
sill connection per engineer I /
flash rigid atom (0 plastic insulation above grade ' j — �
0' F.? IIO
block 2 bays ® 16" oc when
✓ = L
6 " 'oists parallel to foundation wolf,
II 11= 11= 1111 =11= "
il =' =11= _:
1i Il;' on joists 16" Oa max. for joists
\ perpendicular to foundation wall.
6" clear to wood
above sod min,
258 treated hem -fir sill (cedar requires
\ bolls & edge nailing to be engineered).
^ =
ineered).
Ft 0 insulation 111! `-3/8" gale. anchor bolts ® 12 oc. - -- At ea. jost /block 1 ter w'/ 12 -8 d ea. side & offset 1 or A35 111= II= II- 1i- 11= 11= 11= 71- .II= .11= 11 =11= 11= 11 =11=
ilT, 1l =n a n.7 1! 1 II =u 11 -,n; II
. ~I DAL,: vertical no. 5 ® 16" c, U I .
horizontal no. 5 ® 48" oc. MI E •
j 40 bar diameter splices.
inside face
15(f{ felt 2 ply hot mop poured verticol no. 5 ® 18" oc, I
or biluthone or opproved > horizontal no 5 0 r5" oc I Place reinforcement on inside face.
water proof bottom of footing I'�� or per Handout 16 24" splices. ` 7.5" door for poured concrete.
to above grade 1/4" to cell for cm,, 5/ fine grout.
max. wall height 13 course crnu or 8.5' 1/2 to well for cmu w/ course grout
8" poured or cmu foundotlon wall,
10" wall required when wall supports
3 floors or analysis required
free draining granular back fill —,
standard hook 7 5" extension,
10x15 footing - 325 bend radius if required.
(2) no. 5 continuous
12" lop splice \ 4" slab w/ WWF5x6 -1.4x1 4,
\ 6 mil. visquene below slob or
4" droin tile or use treated sills for int. walls
perforoted pipe if
indicated al I •
,, {
g.
O OO OOv0
Chapter 4, Section R406.1, BELOW GRADE MOISTURE BARRIER, This section has been
adopted in previous codes and shall read:
delete the existing paragraph and substitute the following: "Foundation walls located
below grade shall be damp proofed with either 2 -ply of 15 lb. hot- mopped felt, or I -ply of
30 lb hot- mopped felt, Bituthane or other approved materials."
(1) Chapter 6, Section R602.3.2, TOP PLATE, delete exception. This section has been
adopted in previous codes. It deletes using a single top plate. This is consistent with local
building practices.
(2) Chapter 7, Section R702.7 is amended to delete the words "interior side of frame walls"
and replacing it with "warm in the winter side of the insulation"
14 ,WO
PD....\\A
This is to allow for installing foam insulation on exterior side of walls in both new and
existing structures and still meet requirement of vapor retarders. This type of additional
insulation to homes are becoming more common as energy prices go up. This section will
read: R702.7 Vapor retarders.
Class 1 or 11 vapor retarders are required on the warm in the winter side of the insulation
in Climate Zones 5, 6, 7, 8 and Marine 4.
(41) Chapter 8, Section R802.10.3, BRACING, is amended by adding the following details
and verbiage to the section:
These two details have been adopted in previous codes to clarify the different ways of securing
trusses to the exterior walls: • h` E. . iP, k''t.i;Y s 7 4. /oRs EiAJ. -k
L Tr . B .u. .
N 'F RNATF L. H i..• F :k V0 -4 .. ,aFi 1 „ilAML , 1- 1K:...
_i { _P.l` .;:`-i =j \I_ -=?- ,:-+ ?. 1r.' VER' '1Fi -i�`. << F'.1 F - t h 4 . r
Or 'if:, v �T L'..E �.I' X Vii.' ?i:'r'.
• .,. St:; - tRE:ARED WHERE THE er0) 'T6) .^Ert:
Sil.4'.:L `E!= THE. C•E' ::hfi'I'. ,rt'. -4 � H� ,';. i AND - .e P?CIF ■I', IS :E.i)s „RC ., 5•f es.0
7�^: j ---•'+ Fit.. 'r s�' .....
&It F.A C: {_r %'r” PER
ti ..r. IHith;,i6 �; * ii 1, :i-Y.: ;I r'1 u'7r r f;Y
!' - 41 !ihb • "3 . E- "...,iJr �, 't { _ ._....._ �'E 6 51;;P.:f2 4!:hiitMH , 6 >.
.,'' Ear Si9 '*'E[�: • e'�':� - -• A ! _1 .lCi'•:1
;HE -4"-'
WAL.. S 1='! i:.: e?'. F.t:
15
a‘c
OPTION 3: THIS CONFIGURATION MAY BE USED IN LIEU OF FULL
HEIGHT BLOCKS ABOVE EXTERIOR WALLS FOR TRUSSES WITH
HEELS OF 11 1/4 ".
SOLID 2X BLOCK
/MIN. 2X
5 " MAX – 2° N IN /
/ ----
f l�r%'
BD g> , r OC. MAX. TIGHTER NAILING / _� 2" MAX. PATTERNS REQUIRE ENGINEERED DESIGN. :� _ ....,._
� � TRUSS UPLIFT CONNECTION PER
i + DESIGNER OR HANDOUT RD.12
- ' , --- PARTIAL HEIGHT 2X BLOCK
\ MIN. 2X10 FOR A 11 1/4" HEEL.
N.aJL SHEATHING TO // ,N — CONNECT TOP PLATES
BLOCKING PER SHEAR
WALL SCHEDULE. MIN. t TO BLOCK PER SHEAR WALL
Sd 4 6" OC. SCHEDULE / DESIGNER
\-- SHEAR WALL
Other configurations may be deemed acceptable when supported by calculations.
16 ,
a\ 10
(42) Chapter 8, R807.1, ATTIC ACCESS, is amended by adding the following to the end of
the section: "Attic access shall not be located in a room containing bathing facilities.
This section is added due to concerns with humid air potentially escaping to the attic causing
condensation and moisture damages. This will read:
R807.1 Attic access.
Buildings with combustible ceiling or roof construction shall have an attic access
opening to attic areas that exceed 30 square feet (2.8 m2) and have a vertical height of
30 inches (762 mm) or greater. The vertical height shall be measured from the top of the
ceiling framing members to the underside of the roof framing members.
The rough framed opening shall not be less than 22 inches by 30 inches (559 mm by 762
inm) and shall be located in a hallway or other readily accessible location. When located
in a wall, the opening shall be a minimum of 22 inches wide by 30 inches high (559 mm
wide by 762 min high). When the access is located in a ceiling, minimum unobstructed
headroom in the attic space shall be 30 inches (762 mm) at some point above the access
measured vertically from the bottom of ceiling framing members. See Section M1305.1.3
for access requirements where mechanical equipment is located in attics. Attic access
shall not be located in a room containing bathing facilities.
(43) Chapter 9, R903.4, ROOF DRAINAGE, is amended by adding the following sentence:
Roofs and gutter downspouts shall not create a water flow that damages neighboring properties.
This addition to the code is carried over from previously adopted codes and will read:
R903.4 Roof drainage.
Unless roofs are sloped to drain over roof edges, roof drains shall be installed at
each low point of the roof. Roofs and gutter downspouts shall not create a water
flow that damages neighboring properties.
(44) Chapter 9, Section R905.1 ROOF COVERING APPLICATION, is amended by
adding a new sentence at the end of the paragraph " All roof coverings shall be fastened to 5/8"
minimum solidly sheathed decks"
R905.1 Roof covering application.
Roof coverings shall be applied in accordance with the applicable provisions of
this section and the manufacturer's installation instructions. Unless otherwise
specified in this section, roof coverings shall be installed to resist the component
and cladding loads specified in Table R301.2(2), adjusted for height and exposure
in accordance with Table R301.2(3).
(45) Chapter 9, Section R905.2.2 SLOPE, This code section is carried over from the
previously adopted code and shall read: is amended by deleting the entire section and replacing
it with the following:
�rr
17
NOW
"Asphalt shingles shall only be used on roof slopes of three units vertical in 12
units horizontal or greater. Underlayment shall be in accordance with Section
• R905.2.7 and ice protection shall be in accordance with R905.2.7.1."
(46) Chapter 9, Section 905.3.3.1, LOW SLOPE ROOFS, is amended by deleting the words
underlayment shall be a minimum of two layers underlayment applies as follows:" and
replace with:
underlayment shall be ice and water shield covering the entire roof."
This code section is carried over from the previously adopted code and shall
read:
R905.3.3.1 Low slope roofs.
For roof slopes from two and one -half units vertical in 12 units horizontal
(21/2:12), up to four units vertical in 12 units horizontal (4:12),: underlayment
shall be ice and water shield covering the entire roof
Delete Items 1 and 2.
(47) Chapter 9, Section R905.3.3.2, HIGH SLOPED ROOFS, is amended by deleting the
words " parallel to and starting from the eaves and lapped 2 inches (51mm), fastened
sufficiently in place" and replacing with:
"....lapped 4 inches over ice protection. Lap subsequent layers 2 inches
horizontally and 4 inches vertically to shed water continuing to the ridge, fastened
sufficiently in place. Ice protection shall be in accordance with R905.2.7.1"
This code section is carried over from the previously adopted code and shall
read:
R905.3.3.2 High slope roofs.
For roof slopes of four units vertical in 12 units horizontal (4:12) or greater,
underlayment shall be a minimum of one layer of underlayment felt applied
shingle fashion, lapped 4 inches over ice protection. Lap subsequent layers 2
inches horizontally and 4 inches vertically to shed water continuing to the ridge,
fastened sufficiently in place. Ice protection shall be in accordance with
R905.2.7.1
(48) Chapter 9, Section R905.4, METAL ROOF SHINGLES, is amended by deleting
subsections R905.4.1 through R905.4.3 and referring to R905.1, R905.2.2, R905.2.7 and
R905.2.7.1.
This Code section R905.4 and the ,following R905.5, R905.6, R905.7, R905.8 and
R905.10 located below is carried over from. the previously adopted code. The change was made
to make it easier for builders to comply with the code to keep the requirement for underlayment
the same for all types of roof covering. R905.4 shall read:
R905.4 Metal roof shingles.
The installation of metal roof shingles shall comply with the provisions of this section and
section R905.1, R905.2.2, R905.2.7 and R905.2.7.1.
18
(49) Chapter 9, Section R905.5, MINERAL - SURFACED ROLL ROOFING, is amended
'4441., by deleting subsections R905.4.1 through R905.5.3. Refer to R905.1; R905.2.2; R905.2.7 and
R905.2.7.1.
(50) Chapter 9, Section R905.6, SLATE AND SLATE -TYPE SHINGLES, is amended by
deleting subsections R905.6.3. Refer to R905.2.7 and R905.2.7.1.
(51) Chapter 9, Section R905.7, WOOD SHINGLES, is amended by deleting subsections
R905.7.1 through R905.8.3. Refer to R905.1; R905.2.2; R905.2.7 and R905.2.7.1.
(52) Chapter 9, Section R905.8, WOOD SHAKES, is amended by deleting subsections
R905.8.1 through R905.7.3. Refer to R905.1; R905.2.2; R9052.7 and R9052.7.1.
(53) Chapter 9, Section R905.9.1, SLOPE, is amended by deleting the words: "...except for
coal -tar built -up roofs, which shall have a design slope of a minimum one - eighth unit vertical in
12 units horizontal (1- percent slope)."
(54) Chapter 9, Section R905.10, METAL ROOF PANELS, is amended by deleting
subsections R905.10.1 through R905.10.2. Refer to R905.1; R905.2.2; R905.2.7 and R905.2.7.1.
(55) Chapter 9, Section R905.10.2, SLOPE is amended by adding the following to the end of
the paragraph:
"Install underlayment under all metal roof panels. Underlayment shall be one
layer of Type 15 felt. Underlayment shall be installed, starting with 4 -inch lap -
over ice protection. Each subsequent layer shall be lapped 2 inches horizontally,
and 4 -inch vertically to shed water continuing to the ridge. Fasten sufficiently to
hold in place. Ice protection shall be in accordance with R905.2.7.1"
(56) Chapter 11, ENERGY EFFICIENCY, is amended by deleting the chapter in its entirety,
as done in previously adopted code, and replace it with the following:
"Chapter 11, Energy Efficiency. All one- and two- family dwellings and
townhouses shall comply with the following insulation standards."
Minimum Insulation R -Value [(hrft2degF)IBtu]
Minimum Ceilings Walls Basement Crawlspace Exposed
Glazing Walls Walls Floors
U- Factor Above
Grade
(Cantile
vered
19
").\` 1
..r
Floors)
Minimum 0.35 R -38 R -19 R -19 R -19 R -30 `quid
R -Value
(57) Chapter 13, Section M1301.1 SCOPE is amended by in the last sentence deleting "and
the International Fuel Gas Code." The International Fuel Gas Code is not adopted by the City of
Seward so the reference to the code is deleted. The code section shall now read:
M1301.1 Scope.
The provisions of this chapter shall govern the installation of mechanical systems not
specifically covered in other chapters applicable to mechanical systems. Installations of
mechanical appliances, equipment and systems not addressed by this code shall comply
with the applicable provisions of the International Mechanical Code.
(58) Chapter 13, Section M1307.2 Anchorage of Appliances is amended by at the end of the
section adding a sentence `Boilers shall be secured to resist earthquake motion by anchoring
boiler and stand to wall or floor.
This change is based on FEMA requirements for structures built in flood and /or
earthquake prone zones to meet their community readiness program and this section
shall read:
M1307.2 Anchorage of Appliances.
Appliances designed to be fixed in position shall be fastened or anchored in an approved
manner. In Seismic Design Categories Di and D2, water heaters shall be anchored or
strapped to resist horizontal displacement caused by earthquake motion. Strapping shall
be at points within the upper one -third and lower one -third of the appliance's vertical
dimensions. At the lower point, the strapping shall maintain a minimum distance of 4
inches (102 mm) above the controls. Boilers shall be secured to resist earthquake motion
by anchoring boiler and stand to wall or floor.
20
CITY COUNCIL RULES OF PROCEDURE - CONFLICTS OF INTEREST
RULE 20. (a) Conflict of Interest Defined. A conflict of interest exists whenever a
Council member has a direct or indirect substantial financial interest in the outcome of a vote or
decision of the Council. No member of the Council may discuss or vote on any question in
which the member has such a direct or indirect substantial financial interest. (SCC § 2.10.035 C.)
(b) Obligations of Council members Procedure.
(1) A Council member should disclose any potential conflict of interest, no
matter how remote, and ask the Presiding Officer to rule on whether a conflict does exist. This
disclosure should be made prior to discussion or vote on the issue. The Presiding Officer will
then rule whether a conflict of interest sufficient to disqualify the Council member from
participating in the matter then before Council does exist.
(2) Once the Presiding Officer rules on the question of conflict, any member
of the Council disagreeing with the ruling so given may appeal the ruling of the Presiding
Officer. The Council member would say: "I appeal the ruling of the Chair." This motion requires
a second and is debatable. The motion to be voted on would read: "Shall the decision of the
Chair stand ?" A majority of YES votes or a TIE vote would uphold the chair. Only a majority of
NO votes could overturn the ruling of the Chair. The Council member affected may not vote on
such determination. (Charter 3.5L)
(3) Anyone seeking to disqualify a Council member from participating in a
wr decision on the basis of a perceived Conflict of Interest which has not been declared must raise
the challenge as soon as the basis for disqualification reasonably should have been made known
prior to the onset of debate and vote. The party seeking to disqualify the Council member shall
state with specificity the basis for disqualification. The Presiding Officer would then rule on the
potential conflict of interest as outlined in subsection (1) above. This ruling by the Presiding
Officer may be challenged as outlined in subsection (2) above.
(c) Public Disclosure File. The Clerk maintains a public disclosure file containing
Council statements of intent to do business with the City. This file is available for inspection by
the public.
(d) Conflict of interest, generally. It should be remembered that the purpose of the
conflict of interest law is to provide for the full public disclosure of any financial interest in a
decision before the Council. Therefore, once the public disclosure is made and the Presiding
Officer has ruled, and provided that this finding has not been overturned by the Council, any
action taken by the Council in accordance with this ruling will probably be upheld by the Courts
even if it is later proven that the ruling was in error.
:'= _= =' • Main Office (907) 224 -4050
� � � • Police (907) 224 -3338
CITY OF SEWARD • • Harbor (907) 224 -3138
P.O. Box 167 . • Fire (907) 224 -3445
410 Adams Street °tomd • City Clerk (907) 224 - 4046
Seward, Alaska 996640167 __ :- • Community Development (907) 224 - 4 '
• Utilities (907) 224 -4050
• Fax (907) 224 -4038
March 11, 2013
Honorable Representatives Seaton, Kawasaki and Thompson, and Members of the Finance
Committee,
2013 is shaping up to be a record year for the Pick -Click -Give program. Nearly 20,000 Alaskans have
contributed almost $2 million for food and shelter for fellow Alaskans, aided families affected by
domestic violence, rescued animals and many other causes. The program truly does make small gifts
large, yet some small organizations that can provide meaningful local services are at present
ineligible.
Currently, organizations with a total budget of $250,000 or more are required to file an audited
financial statement to be eligible, which in many cases would cost more than the donations they might
receive through the Pick -Click -Give program.
Accountability can be maintained, and a broader choice of organizations to support can be presented
to Permanent Fund recipients by adopting HB -75. This bill would allow smaller organizations: those
with more than $250,000 total budget but receiving less than $500,000 in Federal finding, to
substitute the already required IRS Form -990 for the audit requirement. This is a form anyone can
access to determine if the organization meets not only the Federal requirements for non - profits, but
their own personal standards as well.
The City of Seward supports the goal of enabling the Pick - Click -Give program to allow smaller
deserving organizations providing important services at the local level to participate. We appreciate
your bringing this bill forward, believe it to be in the best interests of the State, and urge adoption by
the Legislature.
Sincerely,
David Seaward,
Mayor
*4100
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