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Home My WebLink About2012-12-19 Council PacketCOUNCIL DISTRIBUTION PACKETS MAKE a Mayor a � I City Manager City Attorney &1/ Kebschull P- Student Rep. X H 13 Hall Binder r; ! R:l4i o ELECTRONIC COPY NOTICE »; ya Add to, G -3. Nomination and Confirmation of Applicants to City of Kenai Advisory Commissions & Committees mayor porter ® Nominations None TO: Mayor Porter and City Council Members PROM: Sandra Modigh, City Cle .,A l� DATE: December 18, 2012 Nomination s sp for Reappoint to Commissions, Committees s on Aging s Pursuant to Kenai Municipal Code (KMC) 1.90.040, `... at renewal date, the Mayor, with consent of the Council, can reappoint the member or recommend a replacement.' The Mayor will nominate the following individuals for reappointment to a three year term at the December 19 meeting and is requesting council consent: James Bielefeld Airport Commission Henry Knackstedt Airport Commission James Zirul Tricia Canady Mark Necessary Lois Nelson Velda Geller William Nelson Bill Osborn Harmony Curtis Ryan Tunseth Eddie Castillo Airport Commission Beautification Committee Council on Aging Council on Aging Council on Aging Harbor Commission Harbor Commission Library Commission Parks & Recreation Commission Parks & Recreation Commission u T®: Mayor Porter and City Council members FROM: Sandra Modigh, City Cl �t J\ ` DATE: December 16, 2012 SUBJECT: Nomination of Applicants for Reappoint/Appointto the Planning and Zoning Commission Pursuant to Kenai Municipal Code (KMC) 14.05.015, the following individuals will be nominated for reappointment to a three year term at the December 19, 2012 council meeting: Clifford Smith Planning and Zoning Commission Phil Bryson Planning and Zoning Commission The following individual will be nominated for appointment to fulfill the remaining year of a vacated seat: Brendyn Shiflea Planning and Zoning Commission Council may confirm the aforementioned appointments at the December 19`h meeting or pursuant to KMC, at the January 2, 2013 meeting. A. CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) *All items listed with an asterisk ( *) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. B. SCHEDULED PUBLIC COMMENTS (Public comment limited to ten (10) minutes per speaker) C. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker; thirty (30) minutes aggregated) D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker; thirty (30) minutes aggregated) 1. *Regular Meeting of December 5, 2012 ..................................... ............................... Pg 5 F. UNFINISHED BUSINESS -- None 1. Action /Approval — Bills to be Ratified ....................................... ............................... Pg 11 2. Action /Approval — Purchase Orders Exceeding $15, 000 ......... ............................... Pg 13 3. Action /Approval — Nomination and Confirmation of Applicants to City of Kenai Advisory Commissions & Committees ....................................... ............................... Pg 23 4. Action /Approval — Consent to Sublease between the City of Kenai, Dan O. Pitts and Everts Air Fuel Inc. for Lot 1A and Lot 2A1, FBO Subdivision ........................... Pg 29 5. Action /Approval — Consent to Sublease between the City of Kenai, Dan O. Pitts and WPX Courier, LLC for Lot 1A and Lot 2A1, FBO Subdivision ............................ Pg 35 6. Action /Approval — Consent to Sublease between the City of Kenai, Dan O. Pitts and EVO Incorporated for Lot 1A and Lot 2A1, FBO Subdivision ............................ Pg 39 7. Action /Approval — Consent to Sublease between the City of Kenai, Dan O. Pitts and ERA Aviation for Lot 1A and Lot 2A1, FBO Subdivision ..... ............................... Pg 43 8. Action /Approval — Assignment and Assumption of Lease of Airport Lands between the City of Kenai and Crowley Marine Services, Inc. to CPD Alaska, LLC for Lot 3A1, FBO Subdivision South Addition No. 2 ............ ............................... Pg 57 9. Action /Approval — Assignment and Assumption of Lease of Airport Lands between the City of Kenai and Crowley Marine Services, Inc. to CPD Alaska, LLC for Lot 4, Block 1, FBO Subdivision .................................... ............................... Pg 65 10. Action /Approval — Assignment and Assumption of Special Use Permit between the City of Kenai and Crowley Marine Services, Inc. to CPD Alaska, LLC for an approximately 35,000- square -foot area of the Kenai Municipal Airport Apron........... Pg 71 11. Action /Approval — Renewal of Kenai Golf Course Liquor License #4708 ................ Pg 75 12. *Ordinance No. 2658 -2012 — Amending Chapter 4.31, Fuel Gas Code, by Adopting the 2009 Edition of the International Fuel Gas Code and Making Local Amendments Including Eliminating Chapters 1 — 5 and 8 and the Appendices of that Code so that Only Chapters 6 and 7 will Apply in the City of Kenai .................... Pg 79 13. *Ordinance No. 2659- 2012 — Amending Chapter 4. 10, International Property Maintenance Code, by Adopting the 2009 Edition of the International Property Maintenance Code and Making Local Amendments .................. ............................... Pg 85 14. *Ordinance No. 2660 -2012 — Amending Chapter 4.30, Electrical Code, by Adopting the 2011 Edition of the National Electrical Code and Making Certain ClericalChanges.. .................... ............................................................................... Pg 89 15. *Ordinance No. 2661 -2012 — Amending Chapter 4.05, Building Code, by Adopting the 2009 Edition of the International Building Code and Making Local Amendments............................................................................. ............................... Pg 95 16. *Ordinance No. 2662- 2012 — Amending Chapter 8.05, Fire Prevention Standard, by Adopting the 2009 Edition of the International Fire Code and Making Local Amendments............................................................................. ............................... Pg 131 17. * Ordinance No. 2663 -2012 — Amending Chapter 4.20, Mechanical Code, by Adopting the 2009 Edition of the International Mechanical Code and Making LocalAmendments .................................................................... ............................... Pg 175 18. *Ordinance No. 2664 -2012 — Amending Chapter 4.32, Residential Code, by Adopting the 2009 Edition of the International Residential Code and Making LocalAmendments .................................................................... ............................... Pg 197 City of Kenai Council Meeting Agenda Page 2 of 4 December 19, 2012 19. *Ordinance No. 2665 -2012 — Amending Chapter 4.33, International Existing Building Code, by Adopting the 2009 Edition of the International Existing Building Code and Making Local Amendments.... ............................................ ....... Pg 217 20. *Ordinance No. 2666 -2012 — Increasing Estimated Revenues and Appropriations in the Airport by $15,000 for a Professional Services Agreement to Leibowitz & Horton Airport Management Consultants Inc. to Assist in Preparing and Negotiating a New, Five -Year Airline Operating Agreement and Reviewing Landing and Ramp Fees for the Kenai Municipal Airport ......................... Pg 221 21. *Ordinance No. 2667 -2012 — Decreasing Estimated Revenues and Appropriations in the Wildwood Drive Reconstruction, Marathon Road & Willow Street Improvements Capital Project Fund and Increasing Estimated Revenues and Appropriations in the City Shop Capital Project Fund for the Construction of a New City Shop Utilizing Grant Funds from the State of Alaska for the Project....... Pg 225 22. *Ordinance No. 2668 -2012 — Decreasing Estimated Revenues and Appropriations in the Municipal Roadway Improvements Capital Project Fund and Increasing Estimated Revenues and Appropriations in the City Shop Capital Project Fund for the Construction of a New City Shop Utilizing Grant Funds from the State of Alaska for the Project ................................ ............................... 23. *Ordinance No. 2669 -2012 — Increasing Estimated Revenue Appropriations by $2,000,000 in the General and New City Shop Capital Funds........................................................................... ............................... H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging 2. Airport Commission 3. Harbor Commission 4. Library Commission 5. Parks and Recreation Commission ............... 6. Planning and Zoning Commission... ............. 7. Beautification Committee S. Mini -Grant Steering Committee I. REPORT OF THE MAYOR J. ADMINISTRATION REPORTS 1. City Manager... ............................... 2. City Attorney 3. City Clerk ........ Pg 229 Revenues and Project K. ADDITIONAL PUBLIC COMMENT 1. Citizens Comments (Public comment limited to five (5) minutes per speaker) 2. Council Comments • Pg 233 ........ Pg 237 ........ Pg 241 City of Kenai Council Meeting Agenda Page 3 of 4 December 19, 2012 M. PENDING ITEMS 1. Ordinance No. 2656 -2012 — Amending the Kenai Municipal Code Section 3.10.070, Livestock Within the City Limits, to Exclude from the Definition of "Livestock" a Limited Number of Chicken Hens to Allow for the Keeping of a Small Number of Chicken Hens in the City and Amending Setback Requirements for Chicken Containment Structures [Clerk's Note: At its November 21, 2012 meeting, Council postponed Ordinance No. 2656 -2012 to the March 6, 2013 meeting and the ordinance was referred to the Planning and Zoning Commission to conduct a review and public hearings.] [��IfaIII7� 1�� Ida it 1. Purchase Orders between $2,500 and $15,000 for Council Review ......................... Pg 257 2. Memorandum from Administration to City Commission, Committee and Council on Aging Members Regarding Upcoming Review of Policies and Procedures.......... Pg 259 3. Gaming Permit — Fraternal Order of Eagles Aerie # 3525 ........... ............................... Pg 263 The agenda and supporting documents are posted on the City's website at www.ci.kenai.ak.us . Copies of resolutions and ordinances are available at the City Clerk's Office or outside the Council Chamber prior to the meeting. For additional information, please contact the City Clerk's Office at 907 - 283 -7535 ext 231. City of Kenai Council Meeting Agenda Page 4 of 4 December 19, 2012 li�i219 A Regular Meeting of the Kenai City Council was held on December 5, 2012, in City Hall Council Chambers, Kenai, AK. Mayor Porter called the meeting to order at 7:00 p.m. 1. Pledge of Allegiance Mayor Porter led those assembled in the Pledge of Allegiance. 2. Roll Call There were present: Pat Porter, Mayor Robert Molloy Terry Bookey Mike Boyle comprising a quorum of the Council. "Austin Daly, Student Representative Rick Koch, City Manager Sandra Modigh, City Clerk Scott Bloom, City Attorney Corene Hall, Deputy City Clerk 3. Agenda Approval Ryan Marquis, Vice Mayor Tim Navarre Brian Gabriel Mayor Porter read the following additions to the agenda: ADD TO: D -1. Resolution No, 2012 -05: Confirming the Assessment Roll on the James Street and Kiana Lane Improvement Special Assessment District 0 Objection submitted by Aaron Meyer Fifes ® Correspondence from Ken Tarbox regarding the Wildlife Viewing Platform Page 5 of 266 Vice Mayor Marquis MOVED to approve the agenda as amended and requested UNANIMOUS CONSENT. Council Member Molloy SECONDED the motion. VOTE: There being no objections, SO ORDERED. 4. Consent Agenda MOTION: Vice Mayor Marquis MOVED to approve the consent agenda and requested UNANIMOUS CONSENT. Council Member Bookey SECONDED the motion. Mayor Porter opened the floor for public comment, there being none public comment was closed. VOTE: There being no objections, SO ORDERED. 5. Recognition of Bob Peters for Years of Service on the Library Commission Mayor Porter recognized Bob Peters for his years of service as a Library Commissioner and his tireless work to see the Library expansion to fruition. 1. Michelle Drew, Mikunda, Cottrell & Co. Inc. — Fiscal Year 2012 Comprehensive Annual Financial Report, Fiscal Year 2012 Federal and State Single Audit Reports, and Auditor's Report to City Council Ms. Drew reviewed the results of the FY2012 audit. 2. Mike Crawford, President of Alaska's Kenai Peninsula Chapter Safari Club International — Kenai Fiats Board Walk Issues Mr. Crawford spoke against further development within the Kenai Flats, noting further development would decrease the number of waterfowl present. 3. Steve Meyer, Delta Waterfowl & Local Duck Hunters — Kenai River Estuary Rehabilitation Project Viewing Platform Mr. Meyer spoke against further development within the Kenai Fiats, noting duck hunting had already been affected since the original platform was built. Rick Richardson, Box 856, Soldotna — presented information on the Delta Waterfowl organization and spoke against further development within the Kenai Flats. City of Kenai Council Meeting Minutes Page 2 of 6 December 5, 2012 Page 6 of 266 Council Member Molloy MOVED to approve Resolution No. 2012 -65 and Council Member Gabriel SECONDED the motion. Mayor Porter opened the floor for public comment, providing opportunity for property owners being assessed for the James Street and Kiana Lane Special Assessment District to present objections to the assessment roll by showing errors and inaccuracies in the assessment roll and by submitting any reason for amendment and correction on the assessment roll, For the record, Porter noted Mr. Aaron Meyer, owner of parcel #4513060, submitted objection in writing to the assessment roll. There being no one wishing to speak, public comment was closed. MOTION TO AMEND: Vice Mayor Marquis MOVED to amend the title of Resolution No. 2012 -65 by adding "and fixing payment" after "confirming the assessment roll." Council Member Molloy SECONDED the motion and requested UNANIMOUS CONSENT. VOTE ON AMENDMENT: There being no objections, SO ORDERED. VOTE ON MAIN MOTION AS AMENDED: YEA: Porter, Bookey, Boyle, Gabriel, Marquis, Molloy, Navarre NAY: "'Student Representative Daly: Yea VOTE: MOTION PASSED UNANIMOUSLY. 2. Resolution No. 2012 -66 — Accepting a Justice Assistance Grant (JAG) Which Will Pay an Officer's Salary and Overtime While Assigned to the South Central Areawide Narcotics Unit (SCAN). MOTION: Council Member Bookey MOVED to approve Resolution No. 2012 -66 and requested UNANIMOUS CONSENT, Vice Mayor Marquis SECONDED the motion. City of Kenai Council Meeting Minutes Page 3 of 6 December 5, 2012 Page 7 of 266 Mayor Porter opened the floor for public comment, there being none public comment was closed. VOTE There being no objections, SO ORDERED. E. MINUTES 1. *Regular Meeting of November 21, 2012 Meeting minutes were approved by approval of the consent agenda. F. UNFINISHED BUSINESS — None. G. NEW BUSINESS 1. Action /Approval — Bills to be Ratified MOTION: Council Member Bookey MOVED to ratify the bills and requested UNANIMOUS CONSENT, Council Member Gabriel SECONDED the motion. VOTE. There being no objections, SO ORDERED. 2. Action /Approval — Purchase Orders Exceeding $15,000 MOTION: Council Member Bookey MOVED to approve purchase orders exceeding $15,000 and requested UNANIMOUS CONSENT. Council Member Gabriel SECONDED the motion VOTE: There being no objections, SO ORDERED. H. COMMISSION /COMMITTEE REPORTS 1. Council on Aging — Vice Mayor Marquis reviewed minutes from the last meeting which were provided in the packet. 2. Airport Commission — Council Member Gabriel reported the next meeting would be December 13. 3. Harbor Commission — Council Member Molloy reported the next meeting would be December 10 where the commission would review the dip net report. 4_ Library Commission — Council Member Boyle noted the December 4 meeting had been cancelled. 5. Parks and Recreation Commission — Council Member Bookey reported the next meeting would be December 6. City of Kenai Council Meeting Minutes Page 4 of 6 December 5, 2012 Page 8 of 266 6. Planning and Zoning Commission — Council Member Navarre reported on the November 28 work session and meeting. • • •• . • • 8. Mini -Grant Steering Committee — Mayor Porter had no report. Mayor Porter reported the following: • Met with the Governor, City Manager and Borough Mayor on local issues • Attended Christmas Comes to Kenai • Heard a presentation on the Assisted Living project being built in Soldotna at the Senior Center • Coffee with the Mayor would be December 8 • Received thank you notes from Kaleidoscope School students • Gave each Council Member a "pay it forward" gift certificate 11 1. City Manager — Koch asked the Council to set work sessions, and they were set as follows: • Dip Net Report —January 7, 2013 at 6:00 p.m. • Energy Efficiency Retrofit Project — December 19, 2012 at 5:30 p.m. • Financial investments — January 16, 2013 at 5:30 p.m. • Meet with Legislators —Tentative December 19 2. City Attorney — Bloom reported the City had settled with inlet Entities at the Alaska Supreme Count and Superior Court and noted he appreciated his new office workspace. 3. City Clerk — Modigh noted Commission and Committee applications were being advertised and accepted until December 10 for seats that expire on December 31. 1, Citizens Comments — None. 2. Council Comments Council Member Boyle had no comments. Council Member Molloy thanked Ms. Drew for her presentation on the audit and commended Finance Director Eubank and his staff for their work. !rice Mayor Marquis had no comments. Student Representative Daly noted Kenai Central High School was participating in a Heifer Project fundraiser. City of Kenai Council Meeting Minutes Page 5 of 6 December 5, 2012 Page 9 of 266 Council Member Bookey noted his appreciation for the Christmas Comes to Kenai celebration and thanked Mayor Porter for the "pay it forward" gift. Council Member Gabriel noted his appreciation for the light parade during the Christmas Comes to Kenai celebration and thanked Eubank for his work to help the audit run smoothly. Council Member Navarre noted the good weather during the Christmas Comes to Kenai celebration, commended Eubank for a job well done, and reported the Eagles recently fed Senior Citizens a Christmas dinner. N�;xRIAI < A l Ordinance No. 2656 -2012 — Amending the Kenai Municipal Code Section 3.10.070, Livestock Within the City Limits, to Exclude from the Definition of "Livestock" a Limited Number of Chicken Hens to Allow for the Keeping of a Small Number of Chicken Hens in the City and Amending Setback Requirements for Chicken Containment Structures ]Clerk's Note: At its November 29, 2092 meeting, Council postponed Ordinance No. 2656 -2012 to the March 6, 2013 meeting and the ordinance was referred to the Planning and Zoning Commission to conduct a review and public hearings.] aEIWi1#11Ls111a o1s�7��Y There being no further business before the Council, the meeting was adjourned at approximately 8:43 p.m. Minutes prepared and submitted by: Corene Hall, CMG, Deputy City Clerk *The student representative may cast advisory votes on all matters except those subject to executive session discussion. Advisory votes shall be cast in the rotation of the official council vote, and shall not affect the outcome of the official council vote. Advisory votes shall be recorded in the minutes. A student representative may not move or second items during a council meeting. City of Kenai Council Meeting Minutes Page 6 of 6 December 5, 2012 Page 10 of 266 v m 0 N m rn TEaDOR DESCRIPTION DEPARTMENT ACCOUNT HOMER ELECTRIC ELECTRIC USAGE VARIOUS UTILITIES 95,953.91 INVESTMENTS VENDOR DESCRIPTION MATURITY DATE. AMOUNT Effect. In8_ PIPER JAFFRAY US GOVT SECURITY 11/21/2014 245,000.00 0.8% PIPER JAFFRAY US GOVT SECURITY 12111/2013 245,000.00 0.55% THIS PAGE IS INTENTIONALLY LEFT BLANK Page 12 of 266 COUNCIL MEETING O r VENDOR r DEPT. ACCOUNT INCREASE OF EXISTING PURCHASE ORDER w -- WOLF ARCHITECTS um ADDITIONAL DESIGN AND CONSTRUCTION AMENDMENT NO. ONE 99276 - PUBLIC WORKS DOCUMENTS 188,083.00 286,429.00 0120M x FROM: Sean Wedemeyer, Public Works Director 5/4k/ r a- • J a SUBJECT: Recommending Wolf Architecture proceed with phase 2 of the New Maintenance Facility Design The purpose of this correspondence is to recommend that the City of Kenai proceed with phase 2 of the New Maintenance Facility design with Wolf Architecture as our professional consultant. Phase 1 of the project included generating Schematic 35% design drawings and associated cost estimate. Phase 2 will include generating 100% bid Construction Documents and providing Construction Administration. The full scope of work can be found in the attached Agreement to Perform Architectural Services for City of Kenai Maintenance Facility dated December 10, 2012. Wolf Architecture was the successful consultant to respond to the Request for Proposals (RFP) executed in early 2012 to provide Schematic 35% design drawings. Resolution 2012 -12 unanimously approved the award of a contract to Wolf Architecture for $98,346. The City of Kenai entered into a contract with Wolf Architecture on May 23, 2012 to provide 35% drawings. Wolf Architecture has worked closely with the City of Kenai to successfully generate a Schematic design that is functional, efficient and within the constraints of the project budget. Wolf Architecture has successfully fulfilled their contractual duties as outlined in their existing contract. I recommend the City of Kenai approve Amendment No. 1 to the contract with Wolf Architecture dated May 23, 2012 to proceed with phase 2 of the New Maintenance Facility Design. Page 14 of 266 iii 1131-111i 111115111111 yfl► - S 11111 I I a Sean Wedemeyer, Public Works Director December 11, 2012 SUBJECT: Public Works Equipment Maintenance Shop Design Please increase PO 99276 to Wolf Architect, Inc by $188,083 for Amendment One for Public Works Equipment Maintenance Shop Design contract dated December 10, 2012. Amendment one is for additional design and construction documents. For Council Approval: December 19, 2012 Page 15 of 266 AMENDMENT PROFESSIONAL SERVICES AGREEMENT The City of Kenai (CITY) and Wolf Architecture (CONSULTANT) hereby amend the Professional Services Agreement Kenai Public Works Equipment Maintenance (Agreement), dated May 23, 2012, as follows. 1. Contract is amended to include 100% bid construction documents and construction administration as provided in Exhibit A attached hereto not -to- exceed the amount of $188,083,00. The contract time of performance is extended to December 31, 2013. 2. Except as modified herein, all other terms and conditions of the Agreement remain in full force and effect. 3. The following is a summary of the contract price history of the Agreement as amended The original contract price ........ ............. ........... - ........................... ............... .............................. $98,346,00 The net change by previously authorized Amendments ..................... ........................................ ......_. $0.00 The contract price prior to this Amendment .............. ........ ............ ................ .............................. $98,346.00 The increase in contract price by this Amendment . ... ........ ....... .. ..... ........... - ........................... . $188,083.00 The new contract price including this Amendment...................... .......................... ........ ... ........ . $286,429.00 CITY OF KENAI By: Rick R. Koch, City Manager State of Alaska Third Judicial District The foregoing instrument was acknowledged before me this day of 201_, by Rick R. Koch, City Manager for the City of Kenai. (Signature of Person Taking Acknowledgment) (Title) (Serial Number, if any) Approved by Legal: _ Approved by Finance: WOLF ARCHITECTURE, INC By: Gary S. Wolf, President State of Alaska Third Judicial District The foregoing instrument was acknowledged before me this day of , 201_, by Gary S. Wolf, President of, Wolf Architecture, Inc. (Signature of Person Taking Acknowledgment) (Title) (Serial Number, if any) Page 16 of 266 Wo"'If AItCHIUCjU Gary S.walf^ +m '. December 10, 2012 9aR>h<,h o fix Y(Pl:R4l.68tl City of Kenai l h,�a+ik<vm :EOS,3ao :e�,,,n,A199G6 Department ofPublic Works 210 Fidalgo Avenue Kenai, AK 99611 Ph: 907.283.7535 Agreement to Perform Architectural Services For City of Kenai Maintenance Facility Proposal No.: 2011 -25 City of Kenai Ph: 907 210 Fidalgo Aven::e Attn: Mr. Rick Koch Kenai, Alaska 99611 Thank you for allowing us the opportunity to provide you with the necessary documentation for the design and construction of the City of Kenai Maintenance Facility. We appreciate this opportunity and look forward to working with you to complete the required work. Scope of Work This proposal provides services for the Construction Documentation including Life Safety and Code documentation for the design of the City of Kenai Maintenance Facility. It is our understanding that the building is to consist of approximately 16,850sf pre - engineered metal building. The Facility is to provide shop area for Vehicle Maintenance, a Wash Bay, Welding Bay, Parts Room, Tools Room, Shop Office and Library, Break Room, Washroom and utility areas required for the operation of the building. The building will be a pre - engineered metal building structure with insulated metal panel exterior envelope. The foundation will be a thickened stab on grade with foundations as required for the metal building. Mechanical systems will be simple, easily- maintained efficient systems. Electrical lighting and power will be designed to meet the indicated needs of the shop. Site work will be minimized to allow for the functions of this Facility. 11- Scope of Architect's Services This proposal outlines the scope of services provided by Wolf Architecture to produce the required documents for the proposed building. A 35% Schematic Design package was provided under a previous contract. The scope of this current work will build off the Schematic Design package to create a set of bid Construction Documents, This proposal is provided to indicate Scope of Work and a Fee Proposal for this current portion of the work (from 35% to 100 %, including Construction Administration). It is our understanding that the previous contract will either be amended to include this work or that a new separate contract will be created for this portion of the work. The construction documents will include the contract drawings necessary to address architectural, civil, structural, mechanical, electrical and life /safety issues. Page 17 of 266 The required work will be limited to the following phases: A. Construction Documents Phase • Code documentation • Floor Plan • Reflected Ceiling Plan • Elevations • Sections • Building Sections • Details • Doors and Finish Schedules • Specifications • Civil Drawings • Structural Foundation Drawings • Mechanical Drawings • Electrical Drawings B. Bidding or Negotiation Phase • Prepare documents for Bidding • Respond to any questions that arise during bidding • Attend Bid Opening (if requested) C. Construction Phase (Construction Administration) • Review of Submittals, Pay Applications and Project Documentation • On -site review —as requested by Owner. Assumes 9 visits, one per month for duration of construction. This includes Substantial Completion. • Additional site inspections will be performed on an as- requested, fixed fee basis using our standard office rate. III. Additional Services A. No additional services are provided under this contract. IV. hazardous Material Wolf Architecture has not included any analysis, engineering or remediation work involved with hazardous materials as part of this project. If during the course of this project hazardous substances are found, then it is our understanding that the Owner will contract with an independent environmental consulting agency to conduct analysis and abatement of the hazardous material. V. Owner's Responsibilities A. Render decisions in a timely manner so as to not unnecessarily impede the progress of the Architects Services B. Prompt written notice shall be given to the Architect if the Owner or Contractor becomes aware of any fault or defect in the project or non- conformance with the Contract Documents. C. The printing of construction documents is entirely the responsibility of the Owner. The Architect will provide the Owner with design review sets and one (1) final set of original signed documents. D. Geotechnicat engineering site investigation. (This is required for final site and foundation design.) E. Submission for Building Permit Review (Wolf will provide Drawing Set). Page 18 of 266 VL Construction Cost Wolf Architecture has included cost estimate services for this project at 95% Construction Documents. Under the previous contract, a cost estimate was included at 35% and value engineering was provided prior to proceeding with the full Construction Document set. VYY. Dispute Resolution • Claims, Disputes, or other matters in question between the parties to this agreement shall be subject to Mediation as a condition precedent to arbitration. • The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect. V111. Payments to Wolf Architecture A. Payments on account of basic services is due within 14 days of billing. B. Payments withheld in excess of 30 days will be charged interest of a rate of 2% per month. IX. Termination If the Owner fails to make payment {s} to the Architect, such failure shall be considered substantial non - performance and cause for termination or, at the Architect's option cause for suspension of services under this Agreement. In the event of suspension of services, the Architect shall have no liability to the Owner for delay or damage caused to the Owner because of suspension of services. X. Overhead Expenses This fee includes all overhead expenses related to the design and production of this project except as noted below: I. Printing or the costs relating to printing. 2. Permitting or costs related to permitting. 3. Site surveys or soils testing. 4. Traffic analysis or engineering 5. Inspections or materials testing. 6. Promotional Graphics. 7, Interior Design Services &. Graphic Design Services 9. LEED Design and Documentation XI. Basis of Compensation A. Basic Compensation Table of Hourly Rates Principal Pro' Mgr I Pro' Arch Yntern Arch Spec Writer Admin $160.00 ( $140.00 1 $100.00 $80.00 $100.00 $65.00 B. Phase Completion Progress billing will occur at the end of each Phase of the project. Payments are due and payable ten (10) days from the date of Architect's invoice. Amounts unpaid 30 days after the invoice is due shall bear interest at the rate of 2% per month. Page 19 of 266 Architectural Construction Documents $ 59,500 Coordination / Overhead $ 8,076 Bidding $ 2,500 Construction Administration $ 15,500 Site Visits /Review $ 10,500 $ 96,076 Civil (Recon) Design $ 16,800 Construction Administration $ 2,500 $ 19,300 Structural(Oien) Design $ 9,000 CA- Site Visit (each) $ 1,500 CA - Sid Assistance $ 1,250 CA - Shop Drawings $ 2,500 $ 14,250 Mechanical (Spurlock) Design $ 18,500 Construction Administration $ 3,500 Per Site Visit $ 1,500 $ 23,500 Electrical (EIC) Design $ 18,500 Construction Administration $ 3,500 Per Site Visit $ 1,71.3 S 23.713 Estimate (HMS) Value Engineering $ 800 CD Design Estimate $ 6,594 $ 7,394 Design Subtotal $ 184,233 Reimbursables Travel $ 3,000 Printing for Design Review $ 850 Reimbursable Subtotal $ 3,850 Total $ 188,083 XII. Terms of Service Acceptance of the Terms of Service and the Fee Proposal shall be valid for up to 3 months from the date of the Agreement document. XIII. Compensation for Additional Services A. Work that is required or requested outside of the Scope of Work indicated above will be on a Time and Material basis or based on a re- negotiated Agreement. If the Scope of Work or of the Architect's services are changed materially, the amount of compensation shall be equitably adjusted. B. Compensation for additional services will be on an hourly basis according to the Table of Hourly Rates indicated above. C. Reimbursable Expenses Page 20 of 266 Reimbursable expenses are indicated in the Fee Proposal above, In the event long distance telephone charges exceed $25.00. Telephone costs will be submitted for reimbursement with a 10% administrative surcharge. (Signature) (Printed name and title) Architect �)� aa'�� (Signature) Jason Collins AIA LEER AP, Vice President (Printed name and title) Page 21 of 266 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 22 of 266 DATE: NAME: jz�—"'F'3ael' VED DEC 0 CITY OF KEN j , F`Wage with ir Paw -- City with affloff BACKGROUND AND PERSONA, DATA PHONE: 283-7535, EXT. 231 FAX: 283-5068 Resident of the City of Kenai? How long? Residence A-ddress Mailing Address Home Fax Na B Telephone Nn /' Business Telephone No -2 Business Fax No. Email Address: Ma- v we include Your contact information on OU, r web page? ALL If not all, what information mw,' we include? Zc -AA) L EMPLOYER: tl Job Title NAME OF SPOUSE. f, 7/7' Current membership in organizations: Past Organizational memberships: COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD COMMISSION OR COMMITTEE MEMBERSHIP? r'. , 14111-1 -114�A-11� Signature Page 23 of 266 J DATE: � G u 'n 2,0 i `- CITY OF KENAI "Village with a ,past -- City with a future." BACKGROUND AND PERSONAL DATA - U • • PHONE: 283 -7535, EXT. 231 FAX: 283.5 068 RESIDENT OF THE CITY OF KENAI? r HOW LONG? A y- RESIDENCE ADDRESS 0 MAILING ADDRESS 4: CSyy Home Fax No. - E?. "i ry51 y✓4�"` "BL Business Fax No. -1=rr May we include your contact information on out web page? e Telephone No. ail Address: ---- ALL C. if not all, what information may we include? EMPLOYER: - wzn&E JOB NAME OF SPOUSE: t CURRENT MEMBERSHIP IN OF PAST ORGANIZATIONAL MEMBERSHIPS: e \k Vt $ v COMMITTEES OR COMMISSIONS IN WHICH YOU ARE INTERESTED: �(g�y l ViS 1 ", 1IL4-S't t,t — WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE? �g 1 _.. k. t' w _�,"ty y,.�tµw�, �h WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MLMBERSHIP? .a.t'�.2.v-c.+p.,':hG -.k ' V'o m '��,,`rdQ) V L1 Ct V\hh ivYA k Si a c.\-� Page 24 of 266 R DATE: -9/? / L NAME:��7�J CITY OF KENAI Village with a past — City with a, future, rr BACKGROUND AND PERSONAL : AUG 10 2612 w Resident of the City of Kenai? f How long? U Residence Address a % � E/NL G7 Mailing Address c�� Home Telephone No. 2 e 7G G3 Home Fax No. Business Telephone No z3 Business Fax No. Email Address: 1 GEH C /� "dL x Clnn May we include your contact information on our web page? ALL If not all, what information may we include? EMPLOYER: F1fLS7 IV 710MI FW( AZ W4 i ,Job Title OP- Alvc4Y 41gNAaa£0- NAME OF SPOUSE: membership in organizations: - QNfil <'Hr�. r p aN co nez u'$ yi,S17-1 (,&wr Y'4 Fast organizational memberships: x »7 vMSC £ iv ?ry F1Gfi7S yz> at �-v � r <<R N 9�v t3 1 , HYJG �%�ds �'�hFr�tit3e;� m WHY DO YOU WANT TO BE INVOLVED WITH THIS COMMISSION OR COMMITTEE ?, i 0 aE� n�A /C /C{�✓9 f c /E� /�E �u G /ve- wv��c <� r,?n bus , /- WHAT BACKGROUND, EXPERIENCE, OR CREDENTIALS DO YOU POSSESS TO BRING TO THE BOARD, COMMISSION OR COMMITTEE MEMBERSHIP? rage zo orzoe CITY OF KENAI Vdkge with mast — C4 with a, facture. BACKGROUND AM PERSONAL DATA - CANMWIAIU413P it SEP 13 2012 KEMAI CITY MIRtt DATE: I NAME. A W �A 00' OMA VIM flm , 4 Resident of the city of Kend? Howlang? do Residelum Ad&*= 5 C41 Mailling Address 2a' ;In --"2 —Home lelephone No. as Home Fax No. P q:� `7'P, 5-9 Business Telephone No '" n Q! L= Business Fax No. (r, Ann a_ _Email Address: .- u3-� e A, CAA "'L May we include your contact information on our web page? ALL all, what information may we include? ��L w i ii a5i}.UONAF) alk] M, oL,J� Signature Page 26 of 266 t7 YR FAIWAI CITY OF KENAI " tillage with a past — City with a future. " BACKGROUND AND PERSONAL DATA - RECEIVED SEP 12 2012 PHONE: 283 -75359 EXT. 231 Q KENAI CM Cur FAX: 263 -5066 Resident of the City of Kenai? b {fit How to � r 1, 2 G � Residence Address C I o t6c/r LaEf & Mailing Address �L5 1 D Home Telephone No. Home Fax No. Business Telephone No Business Fax No. Email Address: May we include your contact a' fonation on our web page? Af�L if not all, what informatio may we include? I 51�E.r.C,2QWA1 tA7(a "afA inf iL1t� �✓ kYdt/t LJ�/lOY2P I�fAget��P 16MPLOYER. o UAME OF SPOUSE: P-- 11 _i II o organizations, Current membership in i�R• •T�:,ITSw'f:iiT37 u:l f�I+m uews'1(0:Zr. l ,4W- z 4' . I7 S' Y�ili�C Tir ,!r �,. ; : • y. ,; : ;::3. Page 27 of 266 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 28 of 266 210 Fidalgo Avenue, Kenai, Alaska 99611-7794 Telephone: a 283-3014 SUBJECT: 1. Consent to Sublease between Dan 0. Pitts and Everts Air Fuel Inc. for Lot 1A and Lot 2A1, c• Subdivision • W •• • Incorporated for Lot 1A and Lot Dan O. Pitts has requested the City's approval of the attached Commercial Sublease Agreement for the above referenced sublessees. Mr. Pitts has leased the referenced Airport properties since 1984 for use as a Freight Facility. Paragraph D(3) of the Lease for both parcels requires the City's written consent to sublease and states that the City's consent will not be unreasonably denied. Mr. Pitts. is in compliance with both the City and the Borough and the City Attorney has reviewed the attached documents as to form. If the Kenai City Council approves the attached Consent(s) to Sublease, the Commercial Sublease Agreement(s) can be executed by the parties. cc: Dan O. Pitts Attachments Page 29 of 266 A .�t `1F f. T N. ik n a Af nu a n„ a a +t a y u v t z_ �.. = ;�.,..�'��,a .,..._= :y✓,' . _ �'?sr. .hex- .., .. �. .. .... _.�:.- _ Dan 0. Pitts CONSENT TO SUBLEASE BETWEEN CITY OF KENAI, DAN O. PITTS AND EVERTS AIR FUEL, INC. This Consent to Sublease is entered into by and between the City of Kenai (City), Dan 0. Pitts (Lessee), and Everts Air Fuel, Inc. (Sublessee), and is effective this day of , 2012. WHEREAS, on .July 27, 1984, the City and Lessee entered into a Lease of Airport Lands for two adjacent properties, which Leases were recorded at Book 243 pages 491 -505 and Book 243 Pages 506-521 in the Kenai Recording District and which Leases were amended from time to time thereafter (collectively the Lease); and, WHEREAS, the premises leased under the Lease are described as Lot IA, Block 1, FBO Subdivision, South Addition, according to Plat No. 84 -218 and Lot 2AI, FBO Subdivision South Addition No. 2, respectively, filed in the Kenai Recording District, Third Judicial District, State of Alaska; and, WHEREAS, Lessee desires to sublease a. portion of the premises to a Sublessee known as Everts Air Fuel, Inc., whose address is 6160 Carl Brady Drive, Anchorage, AK 99502; and, WHEREAS, both Leases require that City provide its written consent to any sublease of the premises. NOW THEREFORE, IT IS AGREED AS FOLLOWS: L Sublessee acknowledges receipt of a complete copy of the Lease and specifically agrees to comply with each and all terms and conditions of the Leases. 2. Lessee guarantees Sublessee's compliance with each and all of the terms and conditions of the Lease. All parties agree that a violation by Sublessee of the Lease shall constitute a violation of the Lease by Lessee. 3. The Sublease shall not in any event exceed the lease term of the Lease and said Sublease shall, in all events, terminate upon termination of the Lease for any reason, including but not limited to a termination that occurs as a result of a court judgment, an unlawful Consent to Sublease — Dan 0. Pitts (Lessee) & Everts Air Fuel, Inc. (Sublessee) Page 1 of 4 Page 31 of 266 detainer action, breach of contract, or expiration of the Lease term. A fully executed copy of the sublease between Lessee and Sublessee must be provided to the City within 30 days of execution of this Consent to Sublease. 4. Lessee agrees to take whatever action is required to secure Sublessee's compliance with each and all of the terms of the Lease and agrees to hold harmless, indemnify and defend City, as Landlord, from any and all actions, suits, liabilities, damages, claims, loss, cost, or expense, including reasonable actual attorney's fees, resulting from Sublessee's failure to comply with the terms of the Lease. b. Unless Sublessee is included as an additional insured under the terms of Lessee's liability insurance, Sublessee agrees to maintain adequate liability insurance in the manner and form required under the Lease and to name the City of Kenai as an additional primary insured without offset against the City's insurance. Sublessee agrees to provide the City with certificates of insurance and copies of the actual insurance policies to the City as required under the Lease and otherwise to comply with the insurance requirements set forth in the Lease. City reserves the right to require reasonable increases in the liability insurance coverage from time to time. 6. A waiver of any of the conditions or terms of this Consent to Sublease or of the Lease shall not constitute a waiver of any future breach of any terms or conditions of this Consent to Sublease or of the Lease. 7. This Consent is given without waiving any right or action, or releasing Lessee from any liability or responsibility under the above- referenced Lease. 8. To the extent that the terms of the Sublease are inconsistent with the terms of this Consent to Sublease or the Lease, this Consent to Sublease or the Lease shall supersede and be the controlling document. To the extent that this Consent to Sublease is inconsistent with the terms of the Lease, the Lease shall supersede and be the controlling document. 9. The contact person and contact information for Sublessee is: (name) Consent to Sublease — Dan O. Pitts (Lessee) & Everts Air fuel, Inc. (Sublessee) Page 2 of 4 Page 32 of 266 1.0. This Consent to Sublease cannot be modified except by a written document approved by all parties hereto. LESSEE DAN O. PITTS: SUBLESSEE EVERTS AIR FEEL, INC.: 0 Its: LESSOR CITY OF KENAI: By: Rick R. Koch Its: City Manager Approved as to form CITY OF I ENAI Scott Bloom, City Attorney STATE OF ALASKA } ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _day of , 2012, the foregoing instrument was acknowledged before me by Dan 0. Pitts. Notary Public for Alaska My Commission Expires: Consent to Sublease —Dan 0. Pitts (Lessee) & Everts Air Fuel, Inc. (Sublessee) Page 3 of 4 Page 33 of 266 STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _ day of , 2012, the foregoing instrument was acknowledged before me by of Everts Air Fuel, Inc., an corporation, on behalf of the corporation. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me on this _ day of , 201.2, by Rick R. Koch, City Manager of the City of Kenai, an Alaska municipal corporation, on behalf of the City. Notary Public for Alaska My Commission Expires: AFTER RECORDING, RETURN To- CITY OF KENAI 210Fidalgo Avenue Kenai, AK 99611 -7794 LlAirportV Pitts \Conse.ntSubleasePitts1204. 12 Consent to Sublease —Dan O. Pitts (Lessee) & Everts Air Fuel, Inc. (Sublessee) Page 4 of 4 Page 34 of 266 CONSENT TO SUBLEASE BETWEEN CITY OF KENAI, DAN r D WPX COURIER. This Consent to Sublease is entered into by and between the City of Kenai (City), Dan O. Pitts (Lessee), and WPX Courier, LLC (Sublessee), and is effective this _, day of 2012. WHEREAS, on July 27, 1984, the City and Lessee entered into a Lease of Airport Lands for two adjacent properties, which Leases were recorded at Book 243 pages 491 -505 and Book 243 Pages 506 -521 in the Kenai Recording District and which Leases were amended from time to time thereafter (collectively the Lease); and, WHEREAS, the premises leased under the Lease are described as Lot IA, Block 1, FBO Subdivision, South Addition, according to Plat No. 84 -218 and Lot 2A1, FBO Subdivision South Addition No. 2, respectively, filed in the Kenai Recording District, Third Judicial. District, State of Alaska; and, WHEREAS, Lessee desires to sublease a portion of the premises to a Sublessee known as WPX Courier, LLC whose address is 3320 W. Valley Hwy., STE, I11, Auburn, WA 98002; and, WHEREAS, both Leases require that City provide its written consent to any sublease of the premises. NOW THEREFORE, IT IS AGREED AS FOLLOWS: 1. Sublessee acknowledges receipt of a complete copy of the Lease and specifically agrees to comply with each and all terms and conditions of the Leases. 2. Lessee guarantees Sublessee's compliance with each and all of the terms and conditions of the Lease. All parties agree that a violation by Sublessee of the Lease shall constitute a violation of the Lease by Lessee. 3. The Sublease shall not in any event exceed the lease term of the Lease and said Sublease shall, in all events, terminate upon termination of the Lease for any reason, including but not limited to a termination that occurs as a result of a court judgment, an unlawful Consent to Sublease —Dan O. Pitts (Lessee) & WPX Courier, LLC (Sublessee) Page 1 of 4 Page 35 of 266 detainer action, breach of contract, or expiration of the Lease term. A fully executed copy of the sublease between Lessee and Sublessee must be provided to the City within 30 days of execution of this Consent to Sublease. 4. Lessee agrees to take whatever action is required to secure Sublessee's compliance with each and all of the terms of the Lease and agrees to hold harmless, indemnify and defend City, as Landlord, from any and all actions, suits, liabilities, damages, claims, loss, cost, or expense, including reasonable actual attorney's fees, resulting from Sublessee's failure to comply with the terms of the Lease. 5. Unless Sublessee is included as an additional insured under the terms of Lessee's liability insurance, Sublessee agrees to maintain adequate liability insurance in the manner and form required under the Lease and to name the City of Kenai as an additional primary insured without offset against the City's insurance. Sublessee agrees to provide the City with certificates of insurance and copies of the actual insurance policies to the City as required under the Lease and otherwise to comply with the insurance requirements set forth in the Lease. City reserves the right to require reasonable increases in the liability insurance coverage from time to time. 6. A waiver of any of the conditions or terms of this Consent to Sublease or of the Lease shall not constitute a waiver of any future breach of any terms or conditions of this Consent to Sublease or of the Lease, 7. This Consent is given without waiving any right or action, or releasing Lessee from any Iiability or responsibility under the above - referenced Lease. 8. To the extent that the terms of the Sublease are inconsistent with the terms of this Consent to Sublease or the Lease, this Consent to Sublease or the Lease shall supersede and be the controlling document. To the extent that this Consent to Sublease is 'inconsistent with the terms of the Lease, the Lease shall supersede and be the controlling document. 9. The contact person and contact information for Sublessee is: (address) (phone) (email) Consent to Sublease— Dan O. Pitts (Lessee) & WPX Courier, LLC (Sublessee) Page 2 of 4 Page 36 of 266 10. This Consent to Sublease cannot be modified except by a written document approved . by all parties hereto. LESSEE DAN 0. PITTTS: By Its: LESSOR CITY OF KENAI: By: Rick R. Koch Its: City Manager Approved as to form: CITY OF KENAI Scott Bloom, City Attorney STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) TIIIS IS TO CERTIFY that on this _day of . 2012, the foregoing instrument was acknowledged before me by Dan 0. Pitts. Notary Public for Alaska My Commission Expires: Consent to Sublease — Dan O, Pitts (Lessee) & WPX Courier, LLC (Sublessee) Page 3 of 4 Page 37 of 266 STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _____ day of 2012, the foregoing instrument was acknowledged before me by , of WPX Courier, LLC, an Limited Liability Company, on behalf of the limited liability company. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) ss THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me on this day of 2012, by Rick R. Koch; City Manager of the City of Kenai, an Alaska municipal corporation, on behalf of the City. Notary Public for Alaska My Commission Expires: AFTER RECORDING, RETURN To: CITY OF KENAI 210Fidalgo Avenue Kenai, AK 99611 -7794 L1 Airport \PiP*,s \ConsentSubleasePitts 1204 i 2 Consent to Sublease — Dan O. Pitts (Lessee) & WPX Courier, LLC (Sublessee) Page 4 of 4 Page 38 of 266 C011SE-11T TO SUBLEASE BETWEEN CITY OF ' This Consent. to Sublease is entered into by and between the City of Kenai (City), Dan O. Pitts (Lessee), and EVO Incorporated, Inc. (Sublessee), and is effective this day of .2012. WHEREAS, on July 27, 1984, the City and Lessee entered into a Lease of Airport Lands for two adjacent properties, which Leases were recorded at Book 243 pages 491 -505 and Book 243 Pages 505 -521 in the Kenai Recording District and which Leases were amended from time to time thereafter (collectively the Lease); and, WHEREAS, the premises leased under the Lease are described as Lot IA, Block 1, FBO Subdivision, South Addition, according to Plat No. 84 -218 and Lot 2A1, FBO Subdivision South Addition No. 2, respectively, filed in the Kenai Recording District, Third Judicial District, State of Alaska; and, WHEREAS, Lessee desires to sublease a portion of the premises to a Sublessee known as EVO Incorporated, Inc. whose address is 15720 Park Row, STE, 500, Houston, TX 77084;and, WHEREAS, both Leases require that City provide its written consent to any sublease of the premises. NOW THEREFORE, IT IS AGREED AS FOLLOWS: I. Sublessee acknowledges receipt of a complete copy of the Lease and specifically agrees to comply with each and all terms and conditions of the Leases. 1 Lessee guarantees Sublessee's compliance with each and all of the terms and conditions of the Lease. All parties agree that a violation by Sublessee of the Lease shall constitute a violation of the Lease by Lessee. 3. The Sublease shall not in any event exceed the lease term of the Lease and said Sublease shall, in all events, terminate upon termination of the Lease for any reason, including but not limited to a termination that occurs as a result of a court judgment, an unlawful Consent to Sublease— Dan O. Pitts (Lessee) & EVO Incorporated (Sublessee) Page 1 of 4 Page 39 of 266 detainer action, breach of contract, or expiration of the Lease term. A fully executed copy of the sublease between Lessee and Sublessee must be provided to the City within 30 days of execution of this Consent to Sublease. 4. Lessee agrees to take whatever action is required to secure Sublessee's compliance with each and all of the terms of the Lease and agrees to hold harmless, indemnify and defend City, as Landlord, from any and all actions, suits, liabilities, damages, claims, loss, cost, or expense, including reasonable actual attorney's fees, resulting from Sublessee's failure to comply with the terms of the Lease. 5, Unless Sublessee is included as an additional insured under the terms of Lessee's liability insurance, Sublessee agrees to maintain adequate liability insurance in the manner and form required under the Lease and to name the City of Kenai as an additional primary inured without offset against the City's insurance. Sublessee agrees to provide the City with certificates of insurance and copies of the actual insurance policies to the City as required under the Lease and otherwise to comply with the insurance requirements set forth in the Lease. City reserves the right to require reasonable increases in the liability insurance coverage from time to time. 6. A waiver of any of the conditions or terms of this Consent to Sublease or of the Lease shall not constitute a waiver of any future breach of any terns or conditions of this Consent to Sublease or of the Lease. 7. This Consent is given without waiving any right or action, or releasing Lessee from any liability or responsibility under the above - referenced Lease. 8. To the extent that the terms of the Sublease are inconsistent with the terms of this Consent to Sublease or the Lease, this Consent to Sublease or the Lease shall supersede and be the controlling document. To the extent that this Consent. to Sublease is inconsistent with the terms of the Lease, the Lease shall supersede and be the controlling document. 9. fbe contact person and contact information for Sublessee is (name) (address) _(address) (phone) Consent to Sublease — Dan O. Pitts (Lessee) & EVO Incorporated (Sublessee) Page 2 of 4 Page 40 of 266 10. This Consent to Sublease cannot be modified except by a written document approved by all parties hereto. LESSEE DAN O. PITTS: SUBLESSEE EVO INCORPORATED: By: Its: LESSOR CITY OF KENAI: By: Rick R. Koch Its: City Manager Approved as to form: CITY OF KENAI Scott Bloom, City Attorney STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this vday of , 2012, the foregoing instrument was acknowledged before me by Dan O. Pitts. Notary Public for Alaska My Commission Expires: Consent to Sublease— Dan O. Pitts (Lessee) & EVO Incorporated (Sublessee) Page 3 of 4 Page 41 of 266 STATE OF ALASKA } )SS THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _ day of 2012, the foregoing instrument was acknowledged before me by of EVO Incorporated, a corporation, on behalf of the corporation. Notary Public for Alaska My Commission Expires: STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me on this day of _ �, 2012, by Rick R. Koch, City Manager of the City of Kenai, an Alaska municipal corporation, on behalf of the City. Notary Public for Alaska My Commission Expires: AFTER RECORDING, RETURN To: CITY OF KENAI 210Fidalgo Avenue Kenai, AK 99611 -7794 G1Airport \Pitts \ConsentSubleasePitts 120412 Consent to Sublease— Dan O. Pitts (Lessee) & EVO Incorporated (Sublessee) Page 42 of 266 Page 4 of 4 CONSENT TO SUBLEASE BETWEEN CITY OF KENAI, DAN O. PITTS AND ERA AVIATION, INC. This Consent to Sublease is entered into by and between the City of Kenai (City), Dan 0. Pitts (Lessee), and ERA Aviation, Inc. (Sublessee), and is effective this day of ,2012. WHEREAS, on July 27, 1984, the City and Lessee entered into a Lease of Airport Lands for two adjacent properties, which Leases were recorded at Book 243 pages 491 -505 and Book 243 Pages 506 -521 in the Kenai Recording District and which Leases were amended from time to time thereafter (collectively the Lease); and, WHEREAS, the premises leased under the Lease are described as Lot IA, Block 1, FBO Subdivision, South Addition, according to Plat No. 84 -2I8 and Lot 2AL FBO Subdivision South Addition No. 2, respectively, filed in the Kenai Recording District, Third Judicial District, State of Alaska; and, WHEREAS, Lessee desires to sublease a portion of the premises to a Sublessee known as ERA Aviation, Inc. whose address is 6160 Carl Brady Drive, Anchorage, Alaska 99502; and, WHEREAS, both Leases require that City provide its written consent to any sublease of the premises. NOW THEREFORE, IT IS AGREED AS FOLLOWS: I. Sublessee acknowledges receipt of a complete copy of the Lease and specifically agrees to comply with each and all terms and conditions of the Leases. 2. Lessee guarantees Sublessee's compliance with each and all of the terms and conditions of the Lease. All parties agree that a violation by Sublessee of the Lease shall constitute a violation of the Lease by Lessee. 3. The Sublease shall not in any event exceed the lease term of the Lease and said Sublease shall, in all events, terminate upon termination of the Lease for any reason, including but not limited to a termination that occurs as a result of a court judgment, an unlawful Consent to Sublease — Dan 0. Pitts (Lessee) & ERA Aviation, Inc. (Sublessee) Page 1 of 4 Page 43 of 266 detainer action, breach of contract, or expiration of the Lease term, A fully executed copy of the sublease between Lessee and Sublessee must be provided to the City within 30 days of execution of this Consent to Sublease. 4. Lessee agrees to take whatever action is required to secure Sublessee's compliance with each and all of the terms of the Lease and agrees to hold harmless, indemnify mid defend City, as Landlord, from any and all actions, suits, liabilities, damages, claims, Ioss, cost, or expense, including reasonable actual attorney's fees, resulting from Sublessee's failure to comply with the terms of the Lease. 5, Unless Sublessee is included as an additional insured under the terms of Lessee's liability insurance, Sublessee agrees to maintain adequate liability insurance in the manner and form required under the Lease and to name the City of Kenai as an additional primary insured without offset against the City's insurance. Sublessee agrees to provide the City with certificates of insurance and copies of the actual insurance policies to the City as required under the Lease and otherwise to comply with the insurance requirements set forth in the Lease. City reserves the right to require reasonable increases in the liability insurance coverage from time to time. 6. A waiver of any of the conditions or terms of this Consent to Sublease or of the Lease shall not constitute a waiver of any future breach of any terms or conditions of this Consent to Sublease or of the Lease. 7. This Consent is given without waiving any right or action, or releasing Lessee from any liability or responsibility under the above - referenced Lease. 8. To the extent that the terms of the Sublease are inconsistent with the terms of this Consent to Sublease or the Lease, this Consent to Sublease or the Lease shall supersede and be the controlling document. To the extent that this Consent to Sublease is inconsistent with the terms of the Lease, the Lease shall supersede and be the controlling document. 9. The contact person and contact information for Sublessee is: __ (name) (address' ) Consent to Sublease — Dan O. Pitts (Lessee) & ERA Aviation, Inc. (Sublessee) Page 2 of 4 Page 44 of 266 10. This Consent to Sublease cannot be modified except by a written docuinent approved by all parties hereto. ' D:•lM1 • � 1L C Its: I ' "Well By: Rick R. Koch Its: City Manager Approved as to form: CITY OF KENAI Scott Bloom, City Attorney STATE OF ALASKA } ) ss TIIIRD JUDICIAL DISTRICT } THIS IS TO CERTIFY that on this _day of , 2012, the foregoing instrument was acknowledged before me by Dan O. Pitts. Notary Public for Alaska My Commission Expires: Consent to Sublease — Dan O. Pitts (Lessee) & ERA Aviation, Inc. (Sublessee) Page 3 of4 Page 45 of 266 STATE OF ALASKA } )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this _day of 2012, the foregoing instrument was acknowledged before me by of ERA AVIATION, INC., a corporation, on behalf of the corporation. Notary Public for Alaska My Commission Expires:___ _ STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) The foregoing instrument was acknowledged before me on this — day of , 2012, by Rick R. Koch, City Manager of the City of Kenai, an Alaska municipal corporation, on behalf of the City. Notary Public for Alaska My Commission Expires: AFTER RECORDING, RETUizN To: CITY OF KENAI 210Fidalgo Avenue Kenai, AK 99611 -7794 L\Airporx \Pitts \Corrse itSubleasePitts 1 20412 Consent to Sublease — Dan O. Pitts (Lessee) & ERA Aviation, Inc. (Sublessee) Page 4 of 4 Page 46 of 266 This Sublease Agreement dated for reference purposes, is made and entered into by and between Dan O. Pitts, an individual, (hereinafter referred to as "Sublessor ") and _ (hereinafter referred to as "Sublessee "). WITN'ESSETH 1. SUBLEASED PREMISES In consideration of the rents, terms, provisions and covenants of the Sublease, Sublessor hereby Subleases and demises to Sublessee the Premises commonly known as 403 N Willow. Kenai AK 99611, (hereinafter referred to as "the Premises" as set forth in Exhibit "A "). 2. TERM Subject to and upon the conditions set forth herein, the term of this Sublease shall commence on Jydy 1.2010, or on delivery and acceptance of the Premises as set forth below, and shall continue month to month, 3. USE Sublessee shall use the Premises for purposes as allowed in the Lease between the City and Dan O. Pitts July 27, 1984. Subtessee's use of the Premises shall include the right to drive vehicles into the warehouse, to park the vehicles in the warehouse at any time, and to perform routine vehicle maintenance and cleaning. Sublessor represents and warrants to Sublessee that Sublessor shall receive any and all approvals for the above referenced use from any City, Borough, State or political subdivision prior to Sublessee's occupancy_ Sublessee shall not use the Premises for any other uses or in any manner, which shall cause the cancellation of any insurance policy covering the Premises or the building of which it is a part. 4. DELIVERY AND ACCEPTANCE OF PREMISES The Premises shall be delivered to Sublessee in tenantable condition, in good order and repair, and free of violations of any health, safety, fire and other statutes and regulations governing the Premises and its use_ Sublessor warrants that all Sublessee Improvements built or caused to be built by Sublessor will be built in compliance with all federal, state and local rules, laws and regulations, including but not limited to Americans with Disabilities Act (ADA), all building and safety codes in effect as of the date the building permit is obtained allowing their construction and that to the best of Sublessor's knowledge, the Building is in compliance with all current rules, Laws, regulations, building and safety codes. In the event the Sublessee Improvements built or caused to be built by Sublessor are not built in compliance with all current rules, laws, regulations, building and safety codes in effect as of the date the building permit is obtained allowing their construction, Sublessor shall at its sole expense make those repairs to the Sublessee Improvements that are necessary to cause them to be in compliance with all current rules, laws, regulations, building and safety codes in effect as of the date of the violation, and if the repairs render the Premises untenantable the rent shall be prorated based on the amount of time the repairs take and the amount of space which is untenantable, Notwithstanding the foregoing, Sublessor shall be responsible for the repair of latent defects in the Sublessee Improvements installed by or caused to be installed by Sublessor for one (1) year following the Commencement Date of this Sublease. After one year, upon Sublessee's written request, Sublessor agrees to assign to Sublessee all contractor warranties relating the Sublessee Improvements, to the extent assignable. Further, notwithstanding the foregoing, Sublessor covenants that on the date of execution of this Sublease, the building is zoned such that the Premises will meet the use requirements as outlined in Article 3 hereof. 5. RENT For and in consideration of the Premises and the performance of Sublessor's obligation hereunder, beginning as of the commencement date as set forth in the Commencement Certificate, Sublessee shall pay S_ /mo plus applicable sales tax on or before the first day of each month in advance, plus utilities. Rent checks shall be made payable to Dan O. Pitts and shall be delivered or mailed to P.O. Box 1916 Soldoma AK 99669 or as Page I of 8 Page 47 of 266 otherwise designated in writing by Sublessor in accordance with the notice paragraph of this Sublease. Rental for any portion of a month at the beginning or end of this Sublease shall be apportioned by dividing the monthly rental figure by the number of days of that month and multiplying the result by the number of days during such month which the Sublessee rents the Premises hereunder. 6. SERVICES TO BE PERFORMED BY SUBLESSOR Sublessor shalt maintain and repair, and keep in good operating condition, all parking lots, privately -owned access roads, landscaping, exterior walls and doors, roof, foundations, and major operating systems, including, without limitation, all air conditioning, heating, ventilation, water, plumbing, sewage, and electrical systems. Where the Premises is part of a multi - Sublessee building, Sublessor shall also be responsible for the maintenance of all areas used or shared in common by Sublessees of the building. 7. SERVICES TO BE PERFORMED BY SUBLESSEE Sublessee shall be responsible for the maintenance and repair of all interior walls, and partitions, (excluding conduits and. plumbing within walls), Sublessee's telephone systems, equipment and improvements made by Sublessee; and any damage or injury to the Premises, or to any portion of the building if a multi - Sublessee building, which results from the intentional act or gross negligence of Sublessee, its officers, agents or employees. The Sublessee shall not be obligated to undertake repairs occasioned by ordinary wear and tear. 8. DAMAGE TO PREMISES BY FIRE OR OTHER CASUALTY In the event that the Premises are totally lost or destroyed by fire or other casualty, or otherwise rendered unfit for Sublessee's business purposes, in Sublessee's reasonable and good faith opinion, this Sublease shall terminate immediately, and Sublessee shall have no further obligations under this Sublease, In the event that the Premises are partially lost or destroyed by fire or other casualty, Sublessee shall only be required to pay rent for that portion of the Premises, if any, that can be used for the conduct of Sublessee's business activities. from the date of the loss or destruction until the date that the Premises have been wholly restored to their original condition. The rent to be paid by Sublessee in such circumstances shall be determined by multiplying the monthly rent by a fraction, the numerator of which is the remaining usable area and the denominator of which is the total area of the Premises. In any event of loss or destruction to the Premises, where the Premises cannot be or are not wholly restored to their original condition within ninety (90) days, Sublessee shall have the option to terminate this Sublease upon ten (10) days' written notice to Sublessor. 9. CONDEMNATION In the event that the Premises shall be wholly or partially condemned or taken by eminent domain, this Sublease shall terminate upon the date of condemnation or taking by eminent domain or upon the date possession is required by the condemning authority, whichever is later. In the event of a partial condetnnation or taking of the Premises, Sublessee may, at its option, continue to sublease the remaining portion of the Premises, upon such terms and conditions as Sublessor and Sublessee may thereafter agree. In any proceeding related to condemnation or taking of the Premises by eminent domain, Sublessee may appear and present its claims for costs incurred in relocating, the Loss of any fixture, improvement or other property of Sublessee, and the loss of its Subleasehold interest in the Premises. JO. ASSIGNMENT, SUBLETTING Sublessee shall have the right to assign or sub- sublease all or any portion of the Premises on such terms, as Sublessee may in its discretion deem prudent, so long as the prior written consent of Sublessor AND PRIOR WRITTEN CONSENT OF TAE CITY OF KENAI is obtained. No such assignment or subletting shall release Sublessee of its obligations hereunder, unless Sublessor so agrees in writing. In the event of any permitted assignment or subletting hereunder, Sublessor agrees that it will not negotiate or enter into any agreement with the assignee or Sublessee for the extension or renewal of this Sublease, or the exercise of any option to extend or renew this Sublease, unless Sublessor fast agrees to release Sublessee from all obligations under this Sublease for any extended or renewed periods. Page 2 of 8 Page 48 of 266 Upon tennination of this Sublease, Sublessee shall vacate the Premises and return it in as good condition as received, the elements, casualty, acts of God, and ordinary wear and tear excepted. Sublessee shall have the right to remove all articles of personal property in the Premises and any trade fixtures, the removal of which will not cause substantial damage to the Premises, and Sublessee shall make any repairs necessitated by such removal. 12. INSURANCE (a) Sublessee, at its cost, shall maintain bodily injury and property damage liability insurance with a combined single limit in the amount of $1,000,000.00 insuring Sublessee and its authorized representative's liability arising out of or in connection with Sublessee's use or occupancy of the Premises. Sublessor shall be named as an additional insured, as respects operations at the Premises, and the policy shall contain cross - liability endorsements. Sublessee shall be responsible for loss or damage to Sublessee's personal property. All insuran;z required to be provided by Sublessee under this Sublease shall provide reasonable notice of cancellation to Sublessor before cancellation of coverage of any policy. Sublessee shall deliver a certificate of insurance representing the above insurance coverage to the Sublessor within thirty (30) days of execution of this Sublease. (b) Sublessor shall at all times during the terms of this Sublease maintain a policy or policies of insurance with the premiums paid in advance, issued by, and binding upon, a reputable insurance company insuring me building or center in which the Premises are located against loss or damage by fire, explosion or other hazards and contingencies for me full insurable value, provided that Sublessor shall not be obligated in any way or manner to insure any personal property (including, but not limited to, any furniture, machinery, goods or supplies) of Sublessee which Sublessee may have upon or within the Premises, or any fixtures installed by or paid for by Sublessee upon or within the Premises, or any additional improvements which Sublessee may construct on the Premises. (c) The City of Kenai shall be named as an additional primary insured without any offset against the City of Kenm's Insurance on any Sublessee insurance policy. Notwithstanding any part of subpart of this Commercial Sublease Agreement, Sublessee agrees to maintain any and all insurance requirements as stated in the Lease between the City and Dan O. Pitts July 27, 1984. Sublessee shall reimburse Sublessor for its proportionate share of the cost of the premiums of said insurance within thirty (30) days or receipt of invoice from Sublessor, which invoice shall contain supporting documentation. 13. LIABILITY (a) Sublessee shall indemnity, defend and hold Sublessor AND T14E CITY OF KENAI harmless from and against any loss liability, claim, suit, reasonable fees, reasonable costs, reasonable expenses, including, without Iimitation, reasonable attorneys fees, and damages arising out of: (1) any negligent or intentional act or omission of Sublessee, or of Sublessee's employees, contractors, agents, servants, guests, invitees or officers; (2) any violation of any federal, state or local law, act, rule, ordinance or regulation by Sublessee or by Sublessee's employees, contractors, agents, servants, guests, invitees or officers; or (3) any breach of this Sublease or any provisions thereof by Sublessee or by Sublessee's employees, contractors, agents, servants, guests, invitees or officers, unless such loss, liability, claim, suit, reasonable fees, reasonable costs, reasonable expenses, including, without limitation, reasonable attorneys fees, and damages also arises, in whole or in part, out of any negligent or intentional act or omission of, or any breach of this Sublease or any provision thereof by, Sublessor, or Sublessor's employees, contractors, agents, servants, guests, invitees or officers, or out of any violation of any federal, state, or local law, act, rule, ordinance or regulation by Sublessor or Sublessor's employees, contractors, agents, servants, guests, invitees or officers. (b) Sublessor shall indemnify, defend and hold Sublessee harmless from and against any loss, liability, claim, suit, reasonable fees,, reasonable costs, reasonable expenses, including, without limitation, reasonable attorneys fees, and damages arising out of: (1) any negligent or intentional act or omission of Sublessor, or of Sublessor's employees, contractors, agents, servants, guests, invitees or officers; (2) Page 3 of 8 Page 49 of 266 any violation of any federal, state or local law, act, rule, ordinance or regulation by Sublessor or by Sublessor's employees, contractors, agents, servants, guests, invitees or officers; (3) any breach of this Sublease or any provision thereof by Sublessor or by Sublessor's employees, contractors, agents, servants, guests, invitees or officers; or (4) any pre - existing condition, contamination or defect on, under, in or about the Premises. (c) Any party's duty or obligation to defend the other party shall be commenced promptly and perforated by competent counsel chosen to the reasonable satisfaction of the defended party. 14. WAIVER OF SUBROGATION Sublessor and Sublessee, notwithstanding any provisions of this Sublease tot he contrary, waive any rights of recovery against the other for any loss or injury against which the waiving party is protected by insurance, so long as the applicable policy is not thereby prejudiced and the other party pays any resulting excess premium, reserving, however, any rights with respect to any excess of loss or injury over the amount covered by insurance. 1.5. COMPLIANCE WITH LAWS Sublessee and Sublessor shall comply with all of the laws and requirements of municipal, state and Federal governments pertaining to the Property, Premises or the use thereof. Sublessee shall comply with all rules and regulations of the Kenai Municipal Airport. Sublessee agrees to observe the same use, environmental, and default standards as does the Sublessor as set forth in Exhibit "B ". lb. SUBI,ESSOR'S WARRANTIES AS TO ENVIRONMENTAL SAFETY (a) Sublessor warrants and represents that any use, storage, treatment or transportation of Hazardous Substances which has occurred in or on the Premises prior to the date hereof has been in compliance with all applicable Federal, state and local taws, regulations and ordinances. Sublessor additionally warrants and represents that no release, leak, discharge, spill, disposal or emission of Hazardous Substances as of the date hereof. (b) Sublessor agrees to indemnify and hold harmless the Sublessee from any and all claims, damages, fines, judgements, penalties, costs, liabilities or losses (including, without limitation, any and all sums paid for settlement of claims, attorneys' fees, consultant and expert fees) arising during or after the Sublease Term from or in connection with the presence or suspected presence of Hazardous Substances at, in, on or below the Premises, unless the Hazardous Substances are present solely as a result of negligence, will misconduct or other acts of Sublessee, Sublessec's agents, employees, contractors or invitees. Without limitation of the foregoing, this indemnification shall include any and all costs incurred due to any investigation of the site or any clean-up, removal or restoration mandated by a Federal, state or local agency or political subdivision, unless the Hazardous Substances are present solely as a result of negligence, willful misconduct or other acts of Sublessee, Sublessee's agent, employees, contractors or invitees. ]'iris indemnification shall specifically include any and all costs due to Hazardous Substances which flow, diffuse, migrate or percolate into, onto or under the Premises prior to, during, and after the Sublease Term commences andlor which arises out of any act or omission of any prior, concurrent or subsequent Sublessee. 17. UTILITIES Sublessor agrees to provide at its cost water, electricity, and telephone service connections into the Premise; but Sublessee shall pay for all water, gas, heat, light, power, telephone, sewer, and other utilities and services used on or from the Premises, any maintenance charges for utilities, and shah furnish all electric light bulbs and tubes. If any such services are not separately metered to Sublessee, Sublessee shall pay its proportionate share of all charges jointly metered with other Sublessees of the building or center in which the Premises are located. Sublessor shall in no event the liable for loss or injury resulting from any, interruption or failure of utility services on the Premises unless due to the willful or negligent act or omission of Sublessor, its agents, servants or employees. Page 4 of 8 Page 50 of 266 18. TAXES Sublessor, at Sublessor's sole cost and expense, shall be responsible for timely payment of all property taxes and assessments related to the Premises. Applicable sales tax shall be collected from Sublessee and paid to the Kenai Peninsula Borough by the Sublessor. 19. ALTERATIONS AND LIENS The Sublessee shall not make or permit any other person to make any alterations to the Premises or to any improvement thereon or facility appurtenant thereto without the prior written consent of the Sublessor, which approval shall not be unreasonably withheld. Notwithstanding the foregoing, Sublessee may make any non- structural alterations to the Premises with Sublessor's consent so long as any such alteration does not exceed Five Thousand Dollars ($5;000) in costs_ The Sublessee shall keep the Premises flee and clear from any mid all liens, claims and demands for work performed, materials famished, or operations conducted thereon at the instance or request of Sublessee. Sublessor and Sublessee agree that all alterations and improvements on the Premises shall require prior written approval of the City of Kenai. 20. INSPECTION BY SUBLESSOR The Sublessee shall permit the Sublessor or the Sublessor's agents, representatives or employees to enter the Premises at all reasonable times and daring business hours. after 24 hours notice to Sublessee, for the purpose of inspecting the Premises and for the purpose of doing other lawful acts required hereunder of that may be necessary to protect the Sublessor's interest in the Premises, except that no notice is required in the event of an emergency. Sublessor agrees that any such entry shall not unreasonable disrupt Sublessee's business activities. Sublessor further agrees that during such entry, Sublessor and Sublessor's agents, representatives or employees shall recognize and abide by any safety rules or measures imposed by Sublessee. 21. DEFAULT OF SUBLESSEE Default by Sublessee under this Sublease shall include, but shall not be limited to, the following: (a) Sublessee shall fail to pay any installment of rent due, and such failure shall continue for a period of fifteen (15) days following written notice from Sublessor. (b) Sublessee shall fail to perform any of its other obligations under this Sublease, and such failure shall continue for a period of fifteen (15) days following written notice from Sublessor specifying the nature of the default, unless such default cannot be fully cured within said period and Sublessee promptly commences such cure and continues with due diligence until completion. (c) Sublessee shall abandon the Premises and cease paying rent. (d) Sublessee shall become insolvent, or shall make a transfer in fraud of creditors, or shall make an assignment for the benefit of creditors. (e) Sublessee shall file or there shall be filed against Sublessee a petition in bankruptcy or reorganization or for an arrangement for the benefit of creditors under any section or chapter of the United States bankruptcy laws or under any similar law or statute of any State and such petition is not withdrawn or denied within one hundred twenty (120) days from the date of filing. (f) A receiver or trustee shall be appointed for all or substantially all of the assets of Sublessee and shalt not be removed within one hundred twenty (120) days of appointment. 22. SUBLESSOR'S REMEDIES In the event of a default by Sublessee wider this Sublease, Sublessor may, in addition to anv other right or remedy which Sublessor may have at law or equity: Page 5 of 8 Page 51 of 266 (a) Continue this Sublease in effect by not terminating the Sublessee's right to possession of the Premises, in which event the Sublessor shall be entitled to enforce all of its rights and remedies under this Sublease including the right to recover the rent specified in this Sublease as it becomes due notwithstanding any contrary law, rule, stature or regulation, Sublessor shall be under the duty to mitigate its loses, including using its best efforts to relet the Premises, or part of it, and Sublessor expressly waives any such contrary law, rule, statute or regulation; or (b) Terminate this Sublease, in which event Sublessee shall surrender the Premises to Sublessor, and if Sublessee fails to do so, Sublessor may dispossess Sublessee in any reasonable manner permitted by law. (c) After due legal process, to enter upon and take possession of the Premises and expel and remove Sublessee and any other person who may be occupying the Premises or any pan thereof,, and to relet the Premises, which Sublessor shall use its best efforts to do and to otherwise mitigate its losses. Sublessee agrees to pay upon demand the amount of any deficiency between, the amount of rent due and payable hereunder and any reasonable amounts which Sublessor could or should have received through reletting, less Sublessor's actual and reasonable costs incurred in repossessing and reletting the Premises. 23. DEFAULT BY SUBLESSOR Default by Sublessor under this Sublease shall include, but not be limited to, the following Sublessor shall fail to perform any of its obligations under this Sublease, and such failure shall continue for a period of fifteen (15) days following written notice from Sublessee specifying the nature of the default, unless such obligation cannot be fully performed within said period and Sublessor begins performance and continues with due diligence until completion. In the event the default if of such nature that the Premises are as a result not reasonably fit for Sublessee's business purposes, then Sublessor shall have two (2) days, following notice from Sublessee, to either remedy the default or to provide reasonable temporary means whereby the Premises are usable by Sublessee while the default is being cared, during which time the rent shall be abated in proportion to the degree of unusability of the Premises. In no event shall such default remain uncured beyond a reasonable time. 24. SUBL,ESSEE'S REMEDIES In the event of default by Sublessor, Sublessee may, in addition to any other right or remedy at law or equity (a) Terminate this Sublease without further obligation on the part of Sublessee hereunder; (b) Remedy, or cause to be remedied, any default of Sublessor at the sole cost and expense (not to exceed in any one instance the equivalent of two (2) months rent hereunder) of Sublessor and to withhold or offset amounts paid or incurred thereby from amounts owing or to be owed to Sublessor; provided, however, Sublessee shall have no obligation to remedy any default of Sublessor. 25. RIGHT OF FIRST REFUSAL FOR CONTIGUOUS SPACE Provided that (a) Sublessee is in possession of the Premises not having either assigned this Sublease nor sublet any portion of the Premises and (b) Sublessee is not in default under the terms of this Sublease, the Sublessor will, during the term of the Sublease, before making any new Sublease for space adjoining the Premises, submit to the Sublessee the terms and conditions under which Sublessor is prepared to enter into such a Sublease and allow Sublessee to inspect such space at the earliest reasonable and convenient date after such submission. If Sublessee does not accept such Sublease terms offered by Sublessor within fifteen (15) days of Sublessor's submittal of such terms to Sublessee and execute and amendment to this Sublease incorporating such additional premises and the terms agreed to by the parties within thirty (30) days of Sublessor's submittal to Sublessee, the Sublessor will be able to rent such area to any person or entity. The provisions of this paragraph shall not include any space Subleased to a Sublessee of the building of which the Premises are a part (the "Building ") pursuant to an option granted to such Sublessee as part of its Sublease Page 6 of 8 Page 52 of 266 of space in the Building, or any prospective Sublessee for which negotiations have commenced prior to the commencement of the term of this Sublease. In the event either party commences any action or proceeding under this Sublease to enforce any right or remedy hereunder, the prevailing parry shall be entitled to recover its ,reasonable costs and attorney's fees. 27. NOTICES AND BILLS All written notices required or permitted hereunder shall be delivered by , or in person to the other party, or mailed First Class, postage fully prepaid,, to the parties at the addresses set forth hereinafter or to such other address as either party may hereafter designate in writing and deliver as provided in this Paragraph. Sublessor: Dan O. Pitts Sublessee: P.O. Box 1916 Soldoma, AK 99669 All bills and invoices from Sublessor to Sublessee shall be delivered or mailed to Sublessee at the Premises or at such address as Sublessee may designate to Sublessor in accordance with the notice provisions of this paragraph. 28. SUBORDINATION Notwithstanding anything to the contrary contained herein, this Sublease shall not be subordinate to the lien of Sublesso's financing unless the holder thereof first executes an instrument which shall contain on the part of such holder, an agreement in substance that such holder shall recognize Sublessee's rights under this Sublease, shall not cut off or terminate this Sublease through foreclosure of the documents securing Sublessor's financing and Sublessee shall not be disturbed in its possession and quiet enjoyment of the Premises. 29. NON - WAIVER The failure of either party m declare any default immediately upon the occurrence thereof, or delay in taking action in connection therewith; shall not constitute a waiver of such default, and that party shall have the right tot declare any such default at any time while such default remains uncured. The waiver by either party of any breach of any provision of this Sublease shall not be deemed to be a waiver of such provision or any subsequent breach of the same or any other provision, term, covenant or condition herein contained. 36. SUCCESSORS AND ASSIGNS The covenants and conditions herein contained shall, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators and assigns of all of the parties hereto, and all of the parties hereto shall be jointly and severally liable hereunder. 31. WAIVER Sublessee shall not commit, or suffer to be committed, any waste upon the Premises. 32. CLAUSE HEAIDINGS The clause headings in this Sublease are for convenience only and shall not be deemed to affect, qualify, amplify, add to, or subtract nnm the contents of the clauses which they reference. 33. ENTIRE AGREEMENT; MODIFICATION The parties have incorporated in this Sublease their entire understanding, and neither has made or relied upon any representations, warranties, promises, covenants or undertakings other than those expressly set forth herein. Page 7 of 8 Page 53 of 266 No modification of any term or condition contained herein shall be effective unless the same is in writing and executed by authorized representatives of both parties to this Sublease. 34. FORCE MAJEURE Neither party shall be liable to the other for breach of this Sublease if the breach is caused by circumstances beyond its reasonable control, including, without limitation, act of God,; fire, flood, earthquake or other natural disaster; war, riot or civil disobedience; governmental action or inaction; and strikes, lockouts, picketing or other labor dispute. 35, PARTIAL INVALIDITY Wherever possible leach provision of this Sublease shall be interpreted in such manner as to be, effective and valid under applicable lava, but if any provision of this Sublease shall be prohibited by or invalid under any applicable law, as determined by a court of competent jur indiction, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Sublease. 36. CONSENTS AND APPROVALS Wherever the consent, approval or expression of satisfaction of either party is required hereunder, such consent, approval or expression of satisfaction shall not be unreasonably withheld or delayed, and no cost, charge or other consideration shall be exacted from the party seeking the consent, approval or satisfaction in order for it to be obtained. 37, HOLDOVER In the event that Sublessee does not vacate the Subleased Premises upon the expiration or termination of this Sublease, Sublessee shall hold Premises as a Sublessee from month to month with all terns and provisions of this Sublease remaining applicable during that period. 38. QUIET POSSESSION AND NON - DISTURBANCE If Sublessee pays the rent and complies with all other terms of this Sublease, Sublessee may occupy and enjoy the Premises for the full Sublease term, subject to tiie provisions of this Sublease. In the event of foreclosure or any enforcement of any such mortgage, the rights of the Sublessee hereunder shall expressly survive and this Sublease shall in all respects continue in full three and effect, provided, however, that the Sublessee shall fully perform all its obligations hereunder and attom to the purchaser. Sublessor shall cause the purchaser of Sublessor's interest in the Premises to enter into a non - disturbance agreement with Sublessee. IN WITNESS WHEREOF, the parties have entered into this Sublease on the dates shown below EXECUTED BY SUBLESSEE, this day of , By: Title: EXECUTED BY SUBLESSOR, this day By' - -- — — — - Title: Page 8 of 8 Page 54 of 266 Exhiblt �v®mem a�mam AP 8 ! i 4 Alf c9 k� J i. 10'Re0 to 'x 14 7 A ✓cra �' G�yos mfq pr e+�a.y <. gdGfK � ,wr< -sarr As.p aa!•/ pawenq /V 7- V/ -X/ Page 55 of 266 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 56 of 266 Past, C# with a Future' ,qe with 210 Fidalgo Avenue, Kenai, 99611-7794 Telephone: (907) 283-7535 / FAX: (907) 283-3014 wvvW,ci,kenai.ak.us nui 2013 oil SUBJECT: 1. Assignment and Assumption of Lease of Airport Lands between the City of r Crowley to CPO LLC for f t 3A1, FBO Subdivision South Addition Nis 2. Assignment and Assumption of Lease of Airport Lands between the City of + Crowley to CPO Alaska, for < Block FBO Subdivision 3. Assignment and Assumption of Special Use Permit between the City of Kenai and Crowley to O Alaska, for approximately 35,000-square-foot area of the Kenai Municipal Airport Apron Crowley Marine Services, Inc. requested the attached Assignment and Assumption of its leases as well as an Assignment and Assumption of its Special Use Permit with the City to its subsidiary, CPD Alaska, LLC. Crowley has leased the referenced properties located inside the Airport Reserve for a "hangar facility," "fuel storage and aircraft service," and for "fueling aircraft," respectively, since the Leases and Special Use Permit were assigned on September 5, 2005. Crowley Marine Services, Inc. is in compliance with both the City and the Borough and the City Attorney has reviewed the documents as to form. If the Kenai City Council approves the attached Assignment and Assumption of Leases and Assignment and Assumption of Special Use Permit, they can be executed by the parties. Attachments cc: Crowley Marine Services, Inc. Page 57 of 266 llll� "�' , rya a i s a, r ".wJV 1 v� 1, Ae F!, _n ASSIGNMENT AND ASSUMPTION OF LEASE Crowley Marine Services, Inc., a Delaware corporation, whose address is 1102 S.W. Massachusetts St., Seattle, WA 98134, current Lessee under that Lease dated July 27, 1984, recorded on August 13, 1984 at Book 243, Pages 522 -537, Kenai Recording District, Third Judicial District, State of Alaska, which lease has been amended through the various amendments and assignments listed on Exhibit A (collectively, the Lease), by and between the City of Kenai and Dan O. Pitts and later assigned to Crowley Marine Services, Inc. by instrument recorded on September 30, 2005 as Reception No. 2005- 009696 -0, Kenai Recording District, Third Judicial District, State of Alaska, covering the following- described premises located in the City of Kenai, Third Judicial District: Lot 3A1, FBO Subdivision South Addition No. 2. Plat No. 86 -186 located in the Kenai Recording District, Third Judicial District, State of Alaska hereby assigns all of its respective rights, title, and interests in the Lease to CPD Alaska, LLC, a Delaware limited liability company, whose address is 201 Arctic Slope Ave., Anchorage, AK 99518, subject to all the conditions and terms contained in the Lease. Assignee hereby assumes and agrees to perform all duties and obligations required of Lessee by the Lease and to pay all outstanding liabilities and outstanding obligations that may be due and owing, or may have been due and owing, prior to the effective date of the Assignment and Assumption of Lease Agreement. This Assignment and Assumption of Lease shall be governed by and construed in accordance with the laws of the State of Alaska. [Signatures on next page] Assignment and Assumption of Lease Agreement DWT 20525410x2 0046663 - 600061 Page 59 of 266 Page 1 of 5 CROWLEY MARINE SERVICES, INC.: M Name: Bruce Love Title: Secretary STATE OF FLORIDA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 2012, by the _ of Crowley Marine Services, Inc., a Delaware corporation, on behalf of the corporation. He is personally known to me or has produced as identification. Bv: Typed Name: Title or Rank: Serial No. Assignment and Assumption of Lease Agreement DWT2052541M 0046663 -000061 Page 60 of 266 Page 2 of 5 5A Name: Robert E. Cox Title: Vice President STATE OF FLORIDA } ) ss COUNTY OF ) i ASSIGNEE The foregoing instrument was acknowledged before me this _ day of 2012, by the of CPT) Alaska, LLC, a Delaware limited liability compaziy, on behalf of the company. He is personally known to me or has produced as identification. By: Typed Name: Title or Rank: Serial No. Assignment and Assumption of Lease Agreement DWT 20525410v20046663-000061 Page 61 of 266 Page 3 of 5 The City of Kenai hereby consents to the assignment of the above - referenced Lease from Crowley Marine Services, Inc., to CPD Alaska, LLC. This consent to assignment shall not be deemed to be a. consent to any further or subsequent assignment, This Consent is given without waiving any right or action, or releasing the Assignor from any liability or responsibility under the above- referenced Lease, 51 Name: STATE OF ALASKA } ) ss. THIRD JUDICIAL DISTRICT ) CITY QE KENAI On this day of 2012, before me, a Notary Public in and for the State of Alaska, personally appeared . to me known to be the of the City of Kenai, the municipal entity that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned and on oath stated that s /he was authorized to execute said instrument. N WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. Notary Public in and for the State of Alaska My commission expires: Approved as to Fomt: CITY OF K1TAI Scott Bloom, City Attorney RETURN TO: City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Assignment and Assumption of Lease Agreement D WT 20525410v2 9046663 - 000061 Page 62 of 266 Page 4 of 5 EXHIBIT A Document Desc. P Plate i i D Document Recorded I Index B Boolz Page ! ! Number AMEND 1 10/05/1987 M MS — 3 317 907 1 1987- LEASE M MISCELLANEOUS ! ! 0 009384 -0 AMEND 0 04/26/1991 M MS— 3 381 512 1 1991 - LEASE M MISCELLANEOUS 0 002823 -0 AMENDMENT 0 05/10/1996 M MS— 4 484 S46 1 1996- 1 TO LEASE M MISCELLANEOUS 0 003557 -0 CONSENT TO 0 06/21/1999 M MS— 5 561 234 1 1999 - ASSIGN M MISCELLANEOUS 0 005335-0 j ASSIGN OF 0 06/21/1999 M MS— 1 1 561 242 1 1999 - LEASEHOLD _ MISCELLANEOUS 0 005338 -0 1 _% M 04124 /2001 M MS— 1 1604 646 2 2001- Assignment and Assumption of Lease Agreement DWT 20525410v2 0046663 - 000061 Page 63 of 266 Page 5 of 5 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 64 of 266 Crowley Marine Services, Inc., a Delaware corporation, whose address is 1102 S.W. Massachusetts St., Seattle, WA 98134, Lessee under that Lease dated July 30, 1990 and recorded on August 13, 1 990 at Book 369, Page 694, records of the Kenai Recording District, Third Judicial District, State of Alaska, which lease has been amended and assigned through various documents described on Exhibit A (collectively, the Lease), by and between the City of Kenai and Dean Eichholtz and Dan Pitts, and later assigned to Crowley Marine Services, Inc. by instrument recorded on September 30, 2005 as Reception No. 2005- 009695 -0, records of the Kenai. Recording District, Third Judicial District, State of Alaska, covering the following - described premises located in the City of Kenai: Lot 4, Block 1, FBO Subdivision, according to Plat #78 -225, located in the Kenai Recording District, Third Judicial District, State of Alaska hereby assigns all of its respective rights, title, and interests in the Lease to CPD Alaska, LLC, a Delaware limited liability company whose address is 201 Arctic Slope Ave., Anchorage, AK 99518, subject to all the conditions and terms contained in the Lease. Assignee hereby assumes and agrees to perform all duties and obligations required of Lessee by the Lease and to pay all outstanding liabilities and outstanding obligations that may be due and owing, or may have been due and owing, prior to the effective date of the Assignment and Assumption of Lease Agreement. This Assignment and Assumption of Lease shall be governed by and construed in accordance with the laws of the State of Alaska. [Signatures on next page] Assignment and Assumption of Tease Agreement DWT 20525417v2 0046663.00006I Page 65 of 266 Page I of 5 LESSEE/ASSIGNOR CROWLEY MARINE SERVICES, INC.: By: Name: Bruce Love Title: Secretary STATE OF FLORIDA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this v day of 2012, by the of Crowley Marine Services, Inc., a Delaware corporation, on behalf of the corporation. He is personally known to me or has produced as identification. Typed Name: Title or Rank: Serial No. Assignment and Assumption of Lease Agreement DWT 20525417x2 6046663 -000061 Page 66 of 266 Page 2 of 5 ASSSIGNEE LY D ALASKA, LLC : 0 Name: Robert E. Cox Title: Vice President STATE OF FLORIDA ) ) ss COUNTY OF ) The foregoing instrument was acknowledged before me this the day of 2012, by _ of CPD Alaska, LLC, a Delaware limited liability company, on behalf of the company. FIe is personally known to me or has produced _ as identification. By: Typed Name: Title or Rank Serial No. Assignment and Assumption of Lease Agreement DWT20525417v2 0046663 - 000061 Page 67 of 266 Page 3 of 5 CONSENT TO ASSIGNMENT The City of Kenai hereby consents to the assignment of the above- referenced Lease from Crowley Marine Services, Inc., to CPD Alaska, LLC. This consent to assignment, shall not be deemed to be a consent to any further or subsequent assignment. This Consent is given without waiving any right or action, or releasing the Assignor from any liability or responsibility under the above- referenced Lease. STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) On this day of CITY OF KENAI Name: Title: 2012, before me, a Notary Public in and for the State of Alaska, personally appeared , to me known to be the _ of the City of Kenai, the municipal entity that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned and on oath stated that s /he was authorized to execute said instrument. IN WITNESS WHEREOF,1 have hereunto set my hand and official sea! the day and year first above written. Notary Public in and for the State of Alaska My commission expires: Approved as to Form: CITY OF KENA1 r.� .. .....vim _� Scott Bloom, City Attorney RETURN TO: City of Kenai 210 Fidalgo Avenue Kenai, AK 99611 Assignment and Assumpiion of Lease Agreement DWT 20525417v2 0046663 -000061 Page 68 of 266 Page 4 of 5 Exhibit A Document Dese. 3 Date ! Document Recorded Index 1, Book Page I Number AMEND 1 0/1 511 993 MS— 429 39 1993 - LEASE MISCELLANEOUS 008434 -0 AMEND LEASE 09/08/1995 ( MS— MISCELLANEOUS 470 400 1995 - 006934 -0 i CONSENT TO ASSIGNMENT 05/10/1996 MS — MISCELLANEOUS 484 542 1996- 1003555 -0 ASSIGNMENT 05/10/1996 MS— i484 544 1996 - OF LEASE MISCELLANEOUS 1004516-1 CONSENT TO [ 06/21/1999 MS— 561 :236 1949 - ASSIGN MISCELLANEOUS 1 005336 -0 ASSIGN OF 06/21/1999 { MS— 561 238 j 1999 - LEASEHOLD MISCELLANEOUS 005337 -0 AMENDMENT TO LEASE 07/19/2000 G MS— MISCELLANEOUS 585 725 2000- 1 005227 -0 AMENDMENT 05;1.8;2005 MS— - 2005- TO LEASE MISCELLANEOUS 004151 -0 ASSIGN OF 09/30/2005 MS— 2005- LEASE MISCELLANEOUS j 009695 -0 FIFTH 08/13/2010 ( MS— 2010 - AMENDMENT MISCELLANEOUS 006778 -0 TO LEASE I Assignment and Assumption of Lease Agreement DWT 20525417x2 0046663 -000061 Page 69 of 266 Page 5 of 5 7I�'�ICe7�F�Pi i i�lY�iP1 Fi #'�w��1#_lc?I:/ Page 70 of 266 Crowley Marine Services, Inc, a Delaware corporation, whose address is 1102 S.W. Massachusetts St., Seattle, WA 98134, Permitee under that Special Use Permit commencing July I, 2008, by and between the City of Kenai and Crowley Marine Services Inc., covering the following - described premises located in the City of Kenai: An area of the Kenai Municipal Airport Apron extending Northwest 293 feet from the Northwest boundaries of Lot 4, Block One, F.B.O. Subdivision and Lot 3A -1, F.S.O. Subdivision, South Addition No. 2, situated within the NW '/4, SE 1/4, Section 32, T6N, RI I W, S.M., AK, Kenai Recording District, an area of 35,000 square feet, more or less (as shown in attached Exhibit A.) hereby assigns all of its respective rights, title, and interests in the Special Use Permit to CPD Alaska, LLC, a Delaware limited liability company whose address is 201 Arctic Slope Ave., Anchorage, AK 99518, subject to all the conditions and terms contained in the Special Use Permit. Assignee hereby assumes and agrees to perform all duties and obligations required of Pennitee by the Special Use Permit and to pay all outstanding liabilities and outstanding obligations that may be due and owing, or may have been due and owing, prior to the effective date of the Assignment and Assumption of Special Use Permit Agreement. This Assignment and Assumption of Special Use Permit shall be governed by and construed in accordance with the laws of the State of Alaska. PERMITEE /ASSIGNOR CROWLEY MARINE SERVICES, INC.: By: Name: Bruce Love Title: Secretary STATE OF FLORIDA ) } ss COUNT`S' OF ) The foregoing instrument was acknowledged before me this _ day of 2012, by the of Crowley Marine Services, Inc., a Delaware corporation, on behalf of the corporation. Ide is personally known to me or has produced as identification. By: Typed Name: Title or Rank: Assignment and Assumption of Lease Agreement DWT 20525403v2 0046663 - 000061 Page 71 of 266 Page I of 4 Serial No.: ASSIGNEE CPD ALASKA, LLC: By: Naine: Robert E. Cox Title: dice President STATE OF FLORIDA ) } ss COUNTY OF } The foregoing instrument was acknowledged before me this _ day of 2012, by tlae of CPD Alaska, LLC, a Delaware limited liability company, on behalf of the company. He is personally known to me or has produced as identification, By: Typed Naine: Title or Rank: Serial No.: Assignment and Assumption of Lease Agreement DWT 20525403v2 0046663000061 Page 72 of 266 Page 2 of 4 CONSENT TO ASSIGNMENT The City of Kenai hereby consents to the assignment of the above - referenced Special Use Permit from Crowley Marine Services, Inc., to CPD Alaska, LLC. This consent to assignment shall not be deemed to be a consent to any further or subsequent. assignment. This Consent is given without waiving any right or action, or releasing the Assignor from any liability or responsibility under the above - referenced Special Use Permit. M1 Name: STATE OF ALASKA ) ) ss. THIRD JUDICIAL DISTRICT ) CITY OF KENAI On this day of 20I2, before me, a Notary Public in and for the State of Alaska, personally appeared to me known to be the of the City of Kenai, the municipal entity that executed the within and foregoing instrument, and acknowledged said instrument to be the fi-ee and voluntary act and deed of said corporation for the uses and purposes therein mentioned and on oath stated that s /he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. Notary Public in and for the State of Alaska My commission expires: Approved as to Form: CITY OF KENAI� Scott Bloom, City Attorney Assignment and Assumption of Lease Agreement DWT 20525403x2 0046663 - 000061 Page 73 of 266 Page 3 of 4 ,- Ili EXHIBIT A Assignment and Assumption of Lease Agreement DWT 20525403x20046663 - 00006! Page 74 of 266 Page 4 of 4 201312014 Liquor License enema] ie exflsm', tsrrrahe r License Type Estabiishrraaent Name 47808 Golf Course -� Lei�bit 46 i4'Gi.4 X44 ➢?c?`. f' '. Seasonal 1..�i.v MailiagAddress I Premises - Address rit a oflff saterpAses, lJLC 1420 Lawton Dr PGA Box 1943 oldotna„ AK 99669 Kenai j Kenai Peninsula Borough Community ivounG.$l':("Weboraage &- Mat-.SU Only) � 1 � 1 Please mark, the correct box to answer: Was your "business: ®pea at least 340 days for 8 hours each day is 2014? 2!ffes ONo Was your business open at least 30 days for 8 hours each deg, in 2012? kNes �No Has ,the'eieensed premise changed from the last diagram submitted? �t T?es kallo Has any person named is this application been - convicted of a felony or Title 4 violation? ❑fifes o List a allieorporation merabers, managers and shareholders below: Naame<& Melling Address ; Title Sfxare °io h€rne If seat a corporation - 'mist all individuals, spouses, or partners that own business below: 4aflfilgiAddress j Title :1 Phone 'd3 f, y G'Cr lC' 1 Ffe-'•i* ABC Board - 5848 E. Tudor Rd - Aronorage, AK 99507 Page ? of 90',- 269 -0350 Fax- 901 -27? -9412 Page 75 of 266 ABC Board - 5848 E. Tudor Rd - Aronorage, AK 99507 Page ? of 90',- 269 -0350 Fax- 901 -27? -9412 Page 75 of 266 License 2( }(l6iiQ: T 7., - .t✓ate rcee — If Received or Postmarked after 1.2/31112 Fingerprint Pee — S51.5€9-per•person (only= for new � By affixing my signature below: rv✓ I'.declare sander penalty of perjury that I have examined this applicafioa a.ad to the Be Ea azi say lcszowledee aaaa$ $ ehea state -at is true; correct and complete. I certih, that I have read and am familiar with Title 4 of the Alaska statutes and its I agree to provide all information: required by the Alcoholic Reverage Control Board is support of this, application. As a licensee is Sole Proprietor or partner), I Certify that l have. received alcohol server training and sake Certification is currently ,valid, As a Corporate /i LC licensee, I certify= that alg ageaats and employ =ees, who serre,:sell or are sense -Arise responsible for:the servicelsaleAtorage of alcoholic bevertzges have received alcohol server training and their certification is carreirdy valid. I farther certify ghat certain spas -ehol tiers /offfncers /directors /nnembers of the entity -that are nor direcbF zar indhw-tXy raTponsible for the service/sale/storage of alcoholic beverages are not alcohol server training certified, and will no£Iae required to be,certifted. As a.licensee, l certify, that all easy agents and employees with patron identification verification have received aicohol sender training and their certification is currently valid. 1�'�..� ,nz.Fi A . '�-'"a�€ r ✓F4 t �3w} tYia3:^"` Lieensec Signature Primed Name fir_ Title °J Notary, Public in and for tine Mate of9A.- My commission expi€:ev° Subscribed and suror n to vefore rase this r" use �0� ABC Board - 5848 E. Tudor Rd - Anchorage, Phone: 9()7- 269 -0353 Fax: 907 76 of 266 Page ? of .ti KENAI PENINSULA BOROUGH 144 North Binkley Street o Soldotna, Alaska 99669 -7520 PHONE: (907) 714 -2160 ® FAX: (907) 714 -2388 Toil -free within the Borough: 1 -800- 478 -4441 Ext. 2160 Email: assemblyclerk @borough.kenai.ak.us Ms. Christine Lambert Records & Licensing Supervisor Alcoholic Beverage Control Board 5848 E. Tudor Road Anchorage, Alaska 99507 -1286 RE: Non - Objection of License Renewal Business Name Kenai Golf Course License Type Golf Course - Seasonal License Location City of Kenai License No. 4708 Dear Ms. Lambert, � r This serves to advise that the Finance Department has reviewed the above referenced application and has no objection to the renewal of this license. Per Lauri Lingafelt's email of October 29, 2012 this premise address needs correcting due to either the Borough updating records or updating information for 911 or utilities purpose. The correct premise address according to our records is 1500 Lawton Drive. Should you have any questions, or need additional information, please do not hesitate to contact our office. sincerely, Sheltie Saner, CIVIC Deputy Borough Clerk SS /kir cc: Applicant City of Kenai KPB Finance Department File Page 77 of 266 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 78 of 266 n i; Suggested, by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING CHAPTER 4.31, FUEL GAS CODE, BY ADOPTING THE 2009 EDITION OF THE INTERNATIONAL FUEL GAS CODE AND MAKING LOCAL AMENDMENTS INCLUDING ELIMINATING CHAPTERS I - 5 AND 8 AND THE APPENDICES OF THAT CODE SO THAT ONLY CHAPTERS 6 AND 7 WILL APPLY IN THE CITY OF KENAI. WHEREAS, the City previously adopted the International Fuel Gas Code, 2006 Edition, of the International Code Council, including appendices with certain local amendments; and, WHEREAS, the International Code Council updated the International Fuel Gas Code in 2009; and, WHEREAS, the City's Building Official recommends adoption of only Chapters 6 and 7 of the 2009 Edition of the Intemational Fuel Gas Code in order to eliminate conflicts between other uniform codes adopted by the City and to complement the City's adoption of the Uniform Plumbing Code; and, WHEREAS, it is in the best interest of the City to adopt only chapters 6 and 7 of the 2009 Edition of the International Fuel Gas Code in order to protect the health, safety, and welfare of its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Chapter 4.31 of the Kenai Municipal Code: The Kenai Municipal Code, Chapter 4.3 1, Fuel Gas Code, is hereby amended as follows: Chapter 4.31 i w• 4.31.010 Adoption. 4.31.015 Local Amendments to the 2009 International Fuel Gas Code. 4.31.0 20 Building Official. schedule. 4.31.030 Fee 4.31.010 Adoption. There is hereby adopted for the purpose of establishing rules and regulations for the approval, design, installation. construction, maintenance, alteration, and repair of specific fuel gas appliances, gaseous hydrogen systems, JINSTALLATION AND Page 79 of 266 Ordinance No. 2658 -2012 Page 2 of 5 MAINTENANCE OF FUEL GAS PIPING SYSTEMS, FUEL GAS UTILIZATION,] and related accessories [AS DEFINED UNDER SCOPE IN] that certain code known as the "International Fuel Gas Code," 200[6]9 Edition, of the International Code Council [, INCLUDING THE APPENDICES,] except for such portions as are hereafter deleted, modified, or amended; and the same is hereby adopted and incorporated as fully as if set out verbatim herein- 4.31.015 Local Amendments i. e International Fuel Gas Code. DEPARTMENT [SECTION 103 OF INSPECTION. DELETE ENTIRE SECTION. DELETE ENTIRE SECTION. REFER TO "CHAPTER 4.40 OF KMC, DELETE REFERENCE TO INTERNATIONAL ELECTRICAL CODE AND INSERT REFERENCE "ELECTRICAL CODE AS ADOPTED BY KMC." DELETE REFERENCE TO INTERNATIONAL PLUMBING CODE AS ADOPTED BY KMC." DELETE THE WORDS "IN ACCORDANCE WITH THE INTERNATIONAL ENERGY CONSERVATION CODE." DELETE REFERENCE TO INTERNATIONAL PLUMBING CODE AND INSERT REFERENCE "PLUMBING CODE AS ADOPTED BY KMC." ADD THE FOLLOWING TO THE END OF THE PARAGRAPH: "COMBUSTION AIR SHALL NOT BE OBTAINED FROM THE ATTIC, UNLESS PRIOR APPROVAL IS OBTAINED FROM THE ADMINISTRATION AUTHORITY." DELETE TIE EXCEPTION TO ITEM 1. 306.3.1 ELECTRICAL REQUIREMENTS. Ne , Text Underlined; [DELETED TEXT BRACKETED] Page 80 of 266 Ordinance No. 2658-2012 Page 3 of 5 DELETE REFERENCE TO INTERNATIONAL ELECTRICAL CODE AND INSERT REFERENCE "ELECTRICAL CODE AND INSERT REFERENCE "ELECTRICAL CODE AS ADOPTED BY KMC." DELETE REFERENCE TO INTERNATIONAL ELECTRICAL CODE AND INSERT REFERENCE "ELECTRICAL CODE AND INSERT REFERENCE "ELECTRICAL CODE AS ADOPTED BYKIVIC." DELETE REFERENCE TO INTERNATIONAL ELECTRICAL CODE AND INSERT REFERENCE "ELECTRICAL CODE AND INSERT REFERENCE "ELECTRICAL CODE AS ADOPTED BY KMC." 3019.2 CONNECTIONS, DELETE REFERENCE TO INTERNATIONAL ELECTRICAL CODE AND INSERT REFERENCE "ELECTRICAL CODE ANTI) INSERT REFERENCE "ELECTRICAL CODE AS ADOPTED BY KMC." IN FIRST SENTENCE CHANGE "12" TO "18." ADD A NEW SUBSECTION 404.17: AT ALL POINTS WHERE FUEL GAS PIPING ENTERS OR LEAVES THE GROUND, THERE SHALL BE INSTALLED, ABOVE GROUND, A CONNECTION CAPABLE OF ABSORBING RELATIVE MOTION DUE TO FROST HEAVE ACTION. SUCH CONNECTORS SHALL BE OF A TYPE APPROVED BY THE BUILDING OFFICIAL AND INSTALLED IN SUCH A MANNER TO ABSORB A 6-INCH (152 MM) DISPLACEMENT IN ANY DIRECTION. A WIRE BRAIDED KINK-PROOF FLEXIBLE CONNECTION WITH WOVEN JACKET AND OIL PROOF SYNTHETIC TUBE AND COVER AND NEOPRENE LINER MAY BE USED. SUPPORTING WIRE SHALL RUN THE FULL LENGTH OF HOSE. HOSE-TO-PIPE CONNECTORS ARE TO BE OF THE REMOVABLE METAL COMPRESSION TYPE. TEMPERATURE RANGE SHALL BE -40 DEGREES F TO +250 DEGREES F. E9F 1: 'W 1103MAIM ADD A NEW SUBSECTION AS FOLLOWS: New Text Underlined; [DELETED TEXT BRACKETED! Page 81 of 266 Ordinance No. 2658 -2012 Page 4 of 5 404.18 FLEX CONNECTORS. FLEX CONNECTORS LISTED FOR OUTDOOR USE MAY BE USED BETWEEN METER AND HOUSE MAIN. NO FLEX CONNECTOR MAY PASS THROUGH ANY WALL, PARTITION, PANEL, OR OTHER BARRIER. SOLID FITTINGS SHALL BE USED ON EACH END. 111 REPLACE THE MINIMUM TEST PRESSURE OF 3 PSIG WITH 10 PSIG AND ADD NY :I911NF13/11C!]xi11NW012N!'rl [IfYN/_1fwll favi3t7 REQUIRED PRESSURE TESTS OF 10 PSIG SHALL BE PERFORMED WITH GAUGES OF 1/10 -POUND INCREMENTATION OR LESS. 449.5 EQUIPMENT SHUTOFF VALVE. DELETE THE EXCEPTION. ADD A NEW SUBSECTION AS FOLLOWS: 502.8 VENT INSULATION. UNLESS A VENT LISTED FOR EXTERIOR USE IN COLD WEATHER CLIMATES IS INSTALLED, A VENTING SYSTEM INSTALLED EXTERIOR TO THE BUILDING, OUTSIDE THE THERMAL ENVELOPE, SHALL BE INSTALLED IN AN INSULATED (R -19 MINIMUM) SHAFT. THE PORTION OF THE VENT SYSTEM THAT IS ABOVE TITE LAST ROOF AND ITS PROJECTED PLANE NEED NOT BE ENCLOSED. THE PORTION OF THE VENTING SYSTEM PASSING THROUGH AN ATTIC SPACE NEED NOT BE INSULATED OR ENCLOSED. ADD A NEW SUBSECTION AS FOLLOWS: 502.9 ICE DAMAGE. VENT TERMINATIONS THAT PENETRATE A METAL ROOF WITH A PITCH SHALL BE PROTECTED BY AN ICE DAM OR DEFLECTOR OF AN APPROVED TYPE ACCEPTABLE TO THE ADMINISTRATIVE AUTHORITY.] Amend by deleting Chanters 1 -5, Chapter 8. and Appendices A — D. 4.81.020 Bitilding Official. The Building Official of this City shall have the powers, duties, and functions prescribed for the "Code Official" by the Inteniational Fuel Gas Code adopted by KMC 4.31.010, provided the powers, duties and functions may be performed by authorized representatives of the Building Official and under his or her supervision and control. New Text Underlined; [DELETED TEXT BRACKETED] Page 82 of 266 Ordinance No. 2658 -2012 Page 5 of 5 4.31.030 Fee schedule. [SECTION 106.5 OF THE INTERNATIONAL FUEL GAS CODE ADOP'T'ED BY THIS CHAPTER IS AMENDED TO READ: IF A BUILDING PERMIT IS ISSUED, THESE FEES SHALL BE CONSIDERED AS PAID AS A PART OF SUCH PERMIT FEE. IF NO SUCH BUILDING PERMIT IS ISSUED, THE FEE SHALL BE COMPUTED ACCORDING TO TABLE I -A AT KMC 4.05.030(B).] Section 3. Severabilitv: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.0700, this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of January, 2013. ATTEST: Sandra Modigh, CMC City Clerk PAT PORTER, MAYOR Introduced: December 19, 2012 Adopted: January 2, 2013 Effective: February 2, 2013 New Text Underlined; [DELETED TEXT BRACISETED] Page 83 of 266 k01A 4 . t I 18: _ :ta. 210 Fidalgo Avenue, Kenai, Alaska 99811 -7794 bdtd d Telephone: 907- 283 -7535 /Fax: 907 -283 -3014 w 11vp .ci,kenai.ak.us f'' 1992 Re: 2009 International Fuel Gas Code adoption The City has a deferral agreement with the State of Alaska which requires the City of Kenai to adapt and enforce code standards no less stringent than those enforced by the State. The State of Alaska adopted standards of the 2009 International Farrel Gas Code in November of this year. I therefore recommend the adoption of the 2009 International Fuel Gas Code as amended by the State of Alaska in order to comply with our deferral agreement and to consistently enforce the code standards in effect throughout the State. Page 84 of 266 Suggested by: Administration CITY OF KENAI ORDINANCE '0: AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING CHAPTER 4.10, INTERNATIONAL PROPERTY MAINTENANCE CODE, BY ADOPTING THE 2009 EDITION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE AND MAKING LOCAL AMENDMENTS. WHEREAS, the City previously adopted the International Property Maintenance Code, 2006 Edition, of the International Code Council, including the appendices with certain local amendments; and, WHEREAS, the International Code Council updated the International Property Maintenance Code in 2009; and, WHEREAS, the City's Building Official accordingly recommends adoption of the 2009 Edition of the International Property Maintenance Code, with certain amendments; and, WHEREAS, it is in the best interest of the City to adopt the 2009 Edition of the International Property Maintenance Code and the updated standards therein, as amended for the City, in order to protect the health, safety, and welfare of its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Chapter 4.10 of the Kenai Municipal Code: The Kenai Municipal Code, Chapter 4.10, International Property Maintenance Code, is hereby amended as follows: 4.10.010 Adoption. 4.16.015 Local amendments to the 2004 International Property Maintenance Code. 4.10.020 Building Official. 4.10.010 Adoption. There is hereby adopted for the purpose of establishing rules and regulations for the abatement of dilapidated, defective buildings which endanger life, health, property, and public safety, that certain code known as the International Property Maintenance Code, 200[619 Edition, of the International Code Council except for such Page 85 of 266 Ordinance No. 2659 -2012 Page 2 of 3 portions as are hereinafter deleted, modified, or amended, and the same is hereby adopted and incorporated as fully as if set out verbatim herein. 4.10.015 Local amendments to the 2009 international Property Maintenance Code. The 2009 International Property Maintenance Code is adopted by reference with the following revisions: m- Amend by deleting the [DELETE] reference "ICC Electrical Code" and replace it [REPLACE] with "[NATIONAL] Electrical Code as adopted by KMC." Amend by deleting the [DELETE] reference to "International Zoning Code' and replace it with [INSERT REFERENCE] "Title 14 of KMC." Amend by deleting the [DELETE] reference [TO] "International Plumbing Code" and replace it with [INSERT REFERENCE] "Plumbing Code as adopted by KMC." Amend by deleting the [DELETE] reference [TO] "International Electrical Code" and replace it with [INSERT REFERENCE] "Electrical Code as adopted by KMC." Amend by deleting the [DELETE] reference [TO] _`International Zoning Code" and replace it with [INSERT REFERENCE] "Title 14 of KMC." Section 111 Means of appeal. Delete the entire section. Refer to [ "CHAPTER 4.40 OF KMC. "] KMC 14.20.290. Section 505.1 General. Amend by deleting the [DELETE] reference [TO] "International Plumbing Code" and replace it with [INSERT REFERENCE TO] "Uniform Plumbing Code as adopted by KMC." Section 602.2 Residential occupancies and section 602.3 Beat supply. Amend by deleting the [DELETE] reference [TO] "Appendix D of the International Plumbing Code" and replace it with [INSERT REFERENCE TO] "Uniform Plumbing Code as adopted by KMC." Amend by deleting the [DELETE] reference [TO] "ICC Electrical Code" and replacing it with [INSERT REFERENCE] "Electrical Code as adopted by KMC." New Text Underlined; [DELETED TEXT BRACKETED] Page 86 of 266 Ordinance No. 2659 -2012 Page 3 of 3 4.10.020 Building Official. The Building Official of this City shall have the powers, duties, and functions prescribed for the "Code Official' by the International Property Maintenance Code[J adopted by KMC 4.10.010 provided the said powers, duties, and functions may be performed by authorized representatives of the Building Official and persons under his or her supervision and control. Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(£), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of January 2013, ATTEST: Sandra Modigh, CMC City Clerk PAT PORTER, MAYOR Introduced: December 19, 2013 Adopted: January 2, 2013 Effective: February 2, 2013 New Text Underlined; [DELETED TEXT BRACKETED] Page 87 of 266 M ✓ � + � 1 i To: City Council Through: Rick Koch, City Manager From: Larry Floyd, Building Official y Bate- December 22, 2022 Re: 2009 International Property Maintenance Code Adoption The City of Kenai has historically adopted the latest edition of the International Property Maintenance Code as the standard for the maintenance of existing structures in the City. The City is adopting the other International Codes that work in conjunction with the Property Maintenance Code for consistency of enforcement. I therefore recommend the adoption of the 2009 International Property Maintenance Code as amended to consistently enforce the International Code standards to include the maintenance of existing properties. Page 88 of 266 WHEREAS, the City previously adopted the National Electrical Code, 2008 Edition, of the National Fire protection Association, including the appendices with certain local amendments; and, WHEREAS, the National Fire Protection Association updated the National Electrical in 2011; and, WHEREAS, the City's Building Official accordingly recommends adoption of the 2011 Edition of the National Electrical Code; and, WHEREAS, it is in the best interest of the City to adopt the 2011 Edition of the National Electrical Code and the updated standards therein, in order to protect the health, safety, and welfare of its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Chapter 4.30 of the Kenai Municipal Code: The Kenai Municipal Code, Chapter 4.30, Electrical Code, is hereby amended as follows: rojmjmKjbg 4.30 .010 Adoption. 4.30 s 20[0 8] 4.30 .060 Fee schedule. I 4.30.010 Adoption. There is hereby adopted for the purpose of establishing standards governing the installation of electrical equipment within or on public and private buildings and premises, that certain code known as the "National Electrical Code," 20[08}11 Edition of the National Fire Protection Association, [EXCEPT FOR SUCH PORTIONS AS ARE HEREINAFTER DELETED, MODIFIED, OR AMENDED;[ and the same is hereby adopted and incorporated as fully as if set out verbatim herein. Page 89 of 266 Ordinance No. 2660 -2012 Page 2 of 4 4.30.015 Kcal Amendments to the National Electrical Code 20[08M. There are no local amendments. [210.3(B) OTHER THAN DWELLXNG UNITS. ADD PARAGRAPHS 210- 8(B)(6) AND 210- 8(B)(7) AS FOLLOWS: (6) OUTDOORS WHERE ACCESSIBLE FROM GROUND LEVEL. (7) WITHIN 6 FEET OF THE OUTSIDE EDGE OF A SINK. 210.23(E) OUTLETS PEP: CIRCUIT. ADD A SUBSECTION (E) TO SECTION 210.23 TO READ AS FOLLOWS: OUTLETS PER CIRCUIT. IN DWELLING UNITS, NO MORE THAN IS OUTLETS ARE ALLOWED ON ONE BRANCH CIRCUIT. ALL SMOKE DETECTORS ON A CIRCUIT MAY BE COUNTED AS A TOTAL OF ONE OUTLET. APPLIANCE CIRCUITS ARE LIMITED TO SIX DUPLEX RECEPTACLES PER CIRCUIT. EXCEPTION: FIXED LIGHTING CIRCUITS DESIGNED TO MEET THE APPROPRIATE SECTIONS OF THE CODE. DELETE SUBSECTIONS (2) THROUGH (14) AND REPLACE WITH: (2) THE COPPER SHEATH OF MINERAL INSULATED, METAL - SHEATHED CABLE. (3) METAL ENCLOSURES OF BUSWAYS LISTED FOR GROUNDING. AMEND BY ADDING NEW SUBSECTION (G): (G) ROOFS. RACEWAYS RUN ON THE SURFACE OF A ROOF OR SUBJECT TO DAMAGE FROM SNOW, ICE, OR FOOT TRAFFIC, SHALL BE RIGID METAL OR INTERMEDIATE METAL CONDUIT ONLY. ADD A NEW SUBSECTION (H): (H) ROOFS. RACEWAYS RUN ON THE SURFACE OF A ROOF OR SUBJECT TO DAMAGE FROM SNOW, ICE, OR FOOT TRAFFIC, SHALL BE RIGID METAL OR INTERMEDIATE METAL CONDUIT ONLY. New Text Underlined; [DELETED TEXT BRACKETED; Page 90 of 266 Ordinance No. 2660 -2012 Page 3 of 4 AMEND BY ADDING THE FOLLOWING SENTENCE TO THE END OF THE SECTION: THERMOPLASTIC TYPE INSULATION SHALL NOT BE INSTALLED WHEN THE TEMPERATURE IS LESS THAN -7 °C (20 °F). 334.16 NON-METALLIC-SHEATHED CABLE; INSTALLATION; INSTAILATION TEMPERATURE. ADD A NEW SECTION AS FOLLOWS: 334.16 INSTALLATION TEMPERATURE. NON - METALLIC - SHEATHED CABLE SHALL NOT BE INSTALLED WHEN THE TEMPERATURE IN THE BUILDING OR WORK AREA IS BELOW 20 DEGREES FAHRENHEIT ( -7 °C). ADD A SECTION 410.17: 410.17 OTHER CLOSET OR STORAGE SPACES. LUMINARIES SHALL MEET THE LOCATION REQUIREMENTS FOR CLOTHES CLOSETS OR BE OF A TOTALLY ENCLOSED FLUORESCENT OR LED TYPE.] City Council.(IF A BUILDING PERMIT IS ISSUED, THESE FEES SHALL BE CONSIDERED AS PAID AS A PART OF SUCH PERMIT FEE. IF NO SUCH BUILDING PERMIT IS ISSUED, THE FEE SHALL BE COMPUTED ACCORDING TO TABLE I -A AT KMC 4.05,030(13).j Section 3. Severabihty: If any part or provision of shin ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(fj, this ordinance shall take effect one month after adoption. New Text Underlined;' DELETED TEXT BRACKETED] Page 91 of 266 Ordinance No. 2660 -2012 Page 4 of 4 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of January 2013, ATTEST: Sandra Modigh, CMC City Clerk PAT PORTER., MAYOR Introduced: December 13, 2013 Adopted: January 2, 2013 Effective: February 2, 2013 New Text Underlined; (DELETED TEXT BRACKETED] Page 92 of 266 Re: 2011 National Electrical Code Adoption The City of Kenai has historically adopted the latest edition of the National Electrical Code as the standard for electrical systems design, construction and maintenance in the City. The City has a deferral agreement with the State of Alaska which requires the City of Kenai to adopt and enforce code standards no less stringent than those enforced by the State. The State of Alaska adopted the 2011 National Electrical Code in October of this year. I therefore recommend the adoption of the 2011 National Electrical Code as amended by the State of Alaska in order to comply with our deferral agreement and to consistently enforce the code standards in effect throughout the State. Page 93 of 266 Page 94 of 266 Suggested by: Administration CMG AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING CHAPTER 4.05, BUILDING CODE, BY ADOPTING THE 2009 EDITION OF THE INTERNATIONAL BUILDING CODE AND MAKING LOCAL AMENDMENTS. WHEREAS, the City previously adopted the International Building Code, 2006 Edition, of the International Code Council, including the appendices with certain local amendments; and, WHEREAS, the International Code Council updated the International Building Code in 2009; and, WHEREAS, the City's Building Official accordingly recommends adoption of the 2009 Edition of the International Building Code, with certain amendments; and, WHEREAS, it is in the best interest of the City to adopt the 2009 Edition of the International Building Code and the updated standards therein, as amended for the City, in order to protect the health, safety, and welfare of its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance Section 2. Amendment of Chanter 4.05 of the Kenai Municipal Code: The Kenai Municipal Code, Chapter 4.05, Building Code, is hereby amended as follows: i 0m_ 4.05. 010 Adoption. There is hereby adopted for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location, and maintenance of buildings and structures, including permits and penalties, those certain bound volumes known as the "International Building Code," 200[6]9 Edition, of the International Code Council, including the appendices, except Page 95 of 266 Ordinance No, 2661 -2012 Page 2 of 35 for such portions as are herein deleted, modified, or amended, and the same is hereby adopted and incorporated as fully as if set out verbatim herein. 4.05.015 Local amendments to the International Building Coate 3010[6]9. The International Building Code (I. &C.) Chapters 1 -12, 14- [32]28, 30 -32, 34- 35, [APPENDIX C] and Appendix H [(2003 EDITION)] are adopted by reference to regulate all occupancies and buildings with the following revisions: a DELETE REFERENCE TO "ICC ELECTRICAL CODE" AND INSERT REFERENCE "NATIONAL ELECTRICAL CODE AS ADOPTED BY KMC." i DELETE REFERENCE TO "INTERNATIONAL PLUMBING CODE" AND INSERT REFERENCE "UNIFORM PLUMBING CODE AS ADOPTED BY KMC." ADD THE FOLLOWING: A BUILDING PERMIT SHALL EXPIRE TWO (2) YEARS AFTER THE DATE OF ISSUANCE UNLESS AN EXTENSION HAS BEEN GRANTED AS PROVIDED FOR IN THIS SUBSECTION, 106.3.4.1 GENERAL. REVISE THIRD PARAGRAPH FIRST SENTENCE OF THE I.B.C. TO READ: STRUCTURAL OBSERVATION SHALL BE AS REQUIRED BY SECTION 1709. DELETE REFERENCE TO "ICC ELECTRICAL CODE" AND INSERT "NATIONAL ELECTRICAL CODE AS ADOPTED BY KMC." ADD THE FOLLOWING TO THE LAST SENTENCE: - "- New Text Underlined; [DELETED TEXT BRACKETED] - -- Page 96 of 266 Ordinance No. 2661 -2012 Page 3 of 35 . . . FROM THE BUILDING VALUATION DATA TABLE SHOWN IN THE LATEST EDITION OF THE BUILDING SAFETY JOURNAL PUBLISHED BY THE INTERNATIONAL CODE COUNCIL. tr ADD THE FOLLOWING: DELETE REFERENCE TO "INTERNATIONAL PLUMBING CODE" AND INSERT REFERENCE TO "UNIFORM PLUMBING CODE AS ADOPTED BY KMC." THE USE OF A BUILDING OR STRUCTURE, OR PORTION THEREOF, FOR EDUCATIONAL, SUPERVISION OR PERSONAL CARE SERVICES FOR MORE THAN FIVE CHILDREN OLDER THAN 2 1/2 YEARS OF AGE, INCLUDING CHILDREN RELATED TO THE STAFF, SHALL BE CLASSIFIED AS A GROUP E OCCUPANCY. ADD A NEW EXCEPTION TO READ: EXCEPTION: FAMILY CHILD CARE HOMES (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 THIS REGULATION (E OCCUPANCY) EXCEPT FOR SMOKE DETECTORS AND ALARMS AS DESCRIBED IN SUBSECTION 907.2.10, CARBON MONOXIDE DETECTORS AND ALARMS AS SPECIFIED IN SECTION 908.7 AND 908.8, MEANS OF EGRESS REQUIREMENTS OF SECTION 1003, INCLUDING EMERGENCY ESCAPE AND RESCUE OPENINGS (AS REQUIRED BY SECTION 1026) IN NAPPING OR SLEEPING ROOMS, AND FIRE EXTINGUISHER REQUIREMENTS AS DESCRIBED IN THE INTERNATIONAL FIRE CODE 2006 EDITION. t€ -t REVISE BY ADDING A NEW PARAGRAP14 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 SECTION 421." New Text Underlined; [DELETED TEXT BRACKETED) Page 97 of 266 Ordinance No. 2661 -2012 Page 4 of 35 REVISE LAST SENTENCE TO READ: A FACILITY SUCH AS THE ABOVE WITH FIVE OR FEWER PERSONS, INCLUDING PERSONS RELATED TO THE STAFF, SHALL BE CLASSIFIED AS A GROUP R -3, REVISE TO READ: A CHILD CARE FACILITY THAT PROVIDES CARE ON A 24 -HOUR BASIS TO MORE THAN FIVE CHILDREN 2 1/2 YEARS OF AGE OR LESS, INCLUDING CHILDREN RELATED TO THE STAFF, SHALL BE CLASSIFIED AS GROUP I -2. RE-VISE SECOND SENTENCE TO READ: A FACILITY SUCH AS THE ABOVE WITH FIVE OR FEWER PERSONS, INCLUDING PERSONS RELATED TO THE STAFF SHALL BE CLASSIFIED AS A GROUP R -3. ■ s REVISE BY ADDING A NEW PARAGRAPH BETWEEN THE FIRST AND SECOND PARAGRAPHS TO READ: "FOR FACILITIES WITHIN THIS OCCUPANCY CLASSIFICATION THAT HAVE OCCUPANTS NEEDING PHYSICAL ASSISTANCE TO RESPOND IN EMERGENCY SITUATIONS, SEE SECTION 421." 406.1.4 SEPARATION. PARAGRAPH 1 IS REVISED BY DELETING "1/2 -INCH GYPSUM BOARD" AND REPLACING IT WITH "5/8 -INCH TYPE X GYPSUM BOARD." DELETE REFERENCE TO "INTERNATIONAL PLUMBING CODE" AND INSERT REFERENCE TO "UNIFORM PLUMBING CODE AS ADOPTED BY KMC." 415.8.2.8.1 GENE DELETE REFERENCE TO "ICC ELECTRICAL CODE" AND INSERT REFERENCE TO "NATIONAL ELECTRICAL CODE AS ADOPTED BY KMC." `New Text Underlined; [DELETED TEXT BRACKETED] Page 98 of 266 Ordinance No, 2661 -2012 Page 5 of 35 THE PROVISIONS OF THIS SECTION APPLY TO ALL GROUPS I -1 AND R -4 OCCUPANCIES WHERE THE OCCUPANTS NEED PHYSICAL ASSISTANCE FROM STAFF OR OTHERS TO RESPOND TO EMERGENCIES. 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; "IMPRACTICAL EVACUATION CAPABILITY" MEANS THAT A GROUP DOES NOT HAVE THE ABILITY TO RELIABLY MOVE TO A POINT OF SAFETY IN A TIMELY MANNER AS MEASURED UNDER SEC. 421.3; "PROMPT EVACUATION CAPABILITY" MEANS THAT A GROUP HAS THE ABILITY TO MOVE RELIABLY TO A POINT OF SAFETY IN A MANNER EQUIVALENT TO THE ABILITY OF A HOUSEHOLD IN THE GENERAL POPULATION AS MEASURED UNDER SEC. 421.3; "SLOW EVACUATION CAPABILITY" MEANS THAT A GROUP HAS THE ABILITY TO MOVE RELIABLY TO A POINT OF SAFETY IN A MANNER THAT IS NOT AS RAPID AS THAT OF MEMBERS OF A HOUSEHOLD IN THE GENERAL POPULATION AS MEASURED UNDER SEC. 421.3; "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 SEC. 1020; OR (2) WITHIN ANOTHER PORTION OF THE BUILDING THAT IS SEPARATED BY SMOKE PARTITIONS MEETING THE REQUIREMENTS OF SEC. 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." A FIRE DRILL CONDUCTED BY THE FIRE OFFICIAL OR OTHER APPROVED LICENSEE WILL MAKE THE INITIAL DETERMINATION OF EVACUATION CAPABILITY. CHANGES TO THE EVACUATION CAPABILITY WILL BE BASED ON A RECORD OF DRILLS CONDUCTED BY THE FACILITY AND RECORDED FOR REVIEW BY THE FIRE OFFICIAL OR OTHER LICENSING OFFICIAL. THE DRILLS WILL BE New Text Underlined; DELETED TEXT BRACKETED] Page 99 of 266 Ordinance No. 2661 -2012 Page 6 of 35 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. THE RELATION OF DRILL TIME TO EVACUATION CAPABILITY IS AS FOLLOWS: (1) THREE (3) MINUTES OR LESS — PROMPT; (2) OVER THREE (3) MINUTES BUT UNDER 14 MINUTES -a SLOW; (3) FOURTEEN (14) MINUTES OR MORE — IMPRACTICAL. 421.4 EVACUATION CAPABILITY AND FIRE PROTECTION REQUIREMENTS. FIRE PROTECTION REQUIREMENTS OF A FACILITY UNDER THIS SECTION ARE AS FOLLOWS: rl+' 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 OR R -4 OCCUPANCIES MUST BE FOLLOWED. rT*%9E_w4W F�1i f�i • EVACUATION CAPABILITY OF MORE THAN THREE BUT LESS THAN 14 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 N.F.P.A. 72 -2007; AND (B) AN AUTOMATIC SPRINKLER SYSTEM, WITH QUICK - RESPONSE OR RESIDENTIAL SPRINKLERS, INSTALLED IN ACCORDANCE WITH SECTION 903.3.1.2 (N.F.P.A. 13R -2007 SPRINKLER SYSTEMS) OR 903.3.1.3 (N.F.P.A. 13D -2007 SPRINKLER SYSTEMS). 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 EVACUATION CAPABILITY UNDER SECTION 421.4.2; (B) ONE - HALF -HOUR, FIRE - RESISTIVE CONSTRUCTION THROUGHOUT THE FACILITY; AND (C) DIRECT EGRESS FROM SLEEPING ROOMS FOR OCCUPANTS NEEDING EVACUATION ASSISTANCE EITHER (1) TO THE EXTERIOR AT GRADE LEVEL, TO AN EXTERIOR PORCH OR LANDING VIA A 36- New Text Underlined; [DELETED TEXT BRACKETED) Page 100 of 266 Ordinance No. 2661 -2012 Page 7 of 35 INCH -WIDE DOOR; OR (2) IF THE SLEEPING ROOMS ARE SEPARATED FROM THE REST OF THE BUILDING BY SMOKE PARTITIONS INSTALLED IN ACCORDANCE WITH SECTION 710, BY EGRESS WINDOWS CONFORMING TO THE PROVISIONS OF SECTION 1026. 422.1 ALL ELEVATED BUILDINGS WITH THE LOWER FLOOR LEVEL ABOVE GRADE AND OPEN ON THE SIDES MUST BE FENCED AROUND THE BUILDING EXTERIOR OR HAVE SKIRTING BELOW THE EXTERIOR WALLS TO PREVENT UNAUTHORIZED ACCESS. EXCEPTIONS: 1. NORMALLY UNOCCUPIED BUILDINGS; 2. BUILDINGS WITH F, H, S, AND U OCCUPANCIES. ADD NEW SECTION TO READ: BUILDINGS MUST ADJOIN OR HAVE ACCESS TO A PERMANENT PUBLIC WAS OR YARD ON NOT LESS THAN ONE SIDE. REQUIRED YARDS MUST BE PERMANENTLY MAINTAINED. s s ADD NEW SECTION TO READ: FACILITIES THAT ARE OPERATED IN A PRIMARY RESIDENCE (R -3) BETWEEN THE HOURS OF 6:00 A.M. AND 10:00 P.M., AND ACCOMMODATING UP TO A TOTAL OF 12 CHILDREN OF ANY AGE MAY USE THE SECOND STORY OF THE BUILDING WITHOUT PROVIDING AN AUTOMATIC SPRINKLER SYSTEM, OR COMPLYING WITH TABLE 302.3.2, TABLE 602, AND THE TYPE VA REQUIREMENTS SET OUT IN TABLE 503, IF ALL OTHER APPLICABLE LEGAL PROVISIONS FOR AN E OCCUPANCY ARE MET. REVISE WORDING IN THE FIRST BLOCK UNDER THE LEFT COLUMN TO READ: FURNACE ROOMS IN E 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. 717.4.2 GROVE'S R -1 AND R -2. REVISE TO READ: DRAFT STOPPING 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 New Text Underlined; [DELETED TEXT BR.4CIMTEDj Page 101 of 266 Ordinance No. 2661 -2012 Page S of 35 INTERVENING SPACE BETWEEN ANY TWO DRAFT -STOPS OR WALLS MUST BE DESIGNED FOR ADEQUATE CROSS VENTILATION AS DESCRIBED IN SECTION 1203.2. DRAFT STOPPING MUST BE INSTALLED ABOVE, AND IN LINE WITH, TENANT AND DWELLING SEPARATION WALLS THAT DO NOT EXTEND TO THE UNDERSIDE OF THE ROOF SHEATHING ABOVE. REVISE EXCEPTION 3 TO READ: DRAFT STOPPING IN ATTIC SPACES OF GROUP R -I AND R -2 OCCUPANCIES THAT DO NOT EXCEED FOUR STORIES IN HEIGHT MAY BE INSTALLED SO THAT THE AREA BETWEEN DRAFT STOPS 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 DRAFT STOPS DO NOT HAVE TO BE LOCATED DIRECTLY ABOVE OR IN LINE WITH WALLS SEPARATING TENANT SPACES, UNLESS PART OF CONSTRUCTION REQUIRED BY OTHER PROVISIONS OF THIS CODE. ADEQUATE CROSS VENTILATION MUST BE PROVIDED IN ACCORDANCE WITH SECTION 1203.2. REVISE TO READ: AN AUTOMATIC SPRINKLER SYSTEM MUST BE PROVIDED THROUGHOUT ALL GROUP E OCCUPANCIES. AN AUTOMATIC SPRINKLER SYSTEM MUST ALSO BE PROVIDED FOR EVERY PORTION OF EDUCATIONAL BUILDINGS BELOW THE LEVEL OF EXIT DISCHARGE. EXCEPTIONS: BUILDINGS WITH E OCCUPANCIES HAVING AN OCCUPANT LOAD OF 49 OR LESS. DAY CARE USES THAT ARE LICENSED TO CARE FOR MORE THAN 5 PERSONS BETWEEN THE HOURS OF 10 P.M. AND 6 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. REVISE TO READ: GROUP R. AN' AUTOMATIC SPRINKLER SYSTEM MUST BE INSTALLED IN GROUP R OCCUPANCIES AS REQUIRED IN 903.2.7.1 THROUGH 903.2.7.3. New Tent Underlined; [DELETED TEXT BRACKETED] Page 102 of 266 Ordinance No. 2661 -2012 Page 9 of 35 REVISE BY ADDING A NEW SUBSECTION: 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 -1. FIRE AREA, L:TaIc�Ity�r ;�5 ZY}i13 �.# REVISE BY ADDING A NEW SUBSECTION: AN AUTOMATIC SPRINKLER SYSTEM OR 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 SIXTEEN DWELLING UNITS OR SLEEPING ROOMS." REVISE BY ADDING A NEW SUBSECTION: 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 -4 FIRE AREA. •a � - REVISE BY ADDING A NEW SUBSECTION TO READ: WHERE THE PROVISIONTS OF THIS CODE REQUIRE THE INSTALLATION OF AUTOMATIC SPRINKLER SYSTEMS, THE INSTALLATION IN ELEVATOR HOIST WAYS AND MACHINE ROOMS MUST OCCUR AS DESCRIBED IN NFPA 13, 2007 AND ASME A17.1 SAFETY CODE FOR ELEVATORS AND ESCALATORS 2004 EDITION. 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 SECTION 3006.4; (2) SMOKE DETECTION IS PROVIDED IN ACCORDANCE WITH NFPA 72 - 2007 AND, (3) NOTIFICATION OF ALARM ACTIVATION IS RECEIVED AT A CONSTANTLY MONITORED LOCATION. DELETE REFERENCE TO "INTERNATIONAL PLUMBING CODE" AND INSERT REFERENCE TO "UNIFORM PLUMBING CODE AS ADOPTED BY KMC." New Text Underlined; JDELETED TEXT BRACKFTED) Page 103 of 266 Ordinance No. 2661 -2012 Page 1.0 of 35 DELETE REFERENCE "ICC ELECTRICAL CODE" AND INSERT REFERENCE TO "NATIONAL ELECTRICAL CODE AS ADOPTED BY KMC." ADD THE FOLLOWING TO THE END OF THE PARAGRAPH TO READ AS FOLLOWS: "12. SYSTEM RISER DIAGRAMS." ADD 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 DETECTORS THAT COMPLY WITH SECTION 907.2.10.1.2. DELETE: EXCEPTION 3 ADD 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 907.2.10.1. U4000FURTO DELETE THE REFERENCE "ICC ELECTRICAL CODE" AND REPLACING IT WITH "NATIONAL ELECTRICAL CODE AS ADOPTED BY KMC." ADD NEW SENTENCE TO READ: A COPY OF THE ACCEPTANCE TEST CERTIFICATE VERIFYING COMPLETION IN ACCORDANCE WITH N.F.P.A. 72 — 2007 MUST BE FORWARDED TO THE KEATAI FIRE MARSHAL BY THE FIRM CONDUCTING THE TEST WITHIN 30 DAYS OF THE COMPLETION OF THE INSTALLATION. ADD A NEW SUBSECTION, 908.7, CARBON MONOXIDE DETECTORS, TO READ AS FOLLOW: CARBON MONOXIDE DETECTORS SHALL BE INSTALLED ON EACH FLOOR LEVEL OF GROUP I -1, 1 -2 AND R OCCUPANCIES. WHERE THERE ARE SLEEPING -- New Te%i.Jnderlined; ]➢ELETED TEXT BRACKETED] Page 104 of 266 Ordinance No. 2661 -2012 Page 11 of 35 ROOMS ON A FLOOR, THE DETECTOR SHALL BE PLACED OUTSIDE THE SLEEPING ROOMS. THE ALARM SHALL BE CLEARLY AUDIBLE IN ALL BEDROOMS OVER BACKGROUND NOISE LEVELS WITH ALL INTERVENING DOORS CLOSED. ALL CARBON MONOXIDE DETECTORS SHALL BE LISTED AND INSTALLED IN ACCORDANCE WITH THE PROVISIONS OF THIS CODE. EXCEPTION: CARBON MONOXIDE DETECTORS AND ALARMS ARE NOT REQUIRED IN DWELLING UNITS AND STRUCTURES THAT HAVE NO COMBUSTION APPLIANCES, ATTACHED GARAGES, OTHER VEHICLE PARKING WITHIN 25 FEET OF ANY DIRECT OPENING, OR HAVE ONLY DIRECT VENT COMBUSTION APPLIANCES. ADD A NEW SUBSECTION, 908.7.1, ALTERATIONS, REPAIRS, AND ADDITIONS, TO READ AS FOLLOWS: WHEN INTERIOR ALTERATIONS, REPAIRS, OR ADDITIONS REQUIRING A PERMIT OCCUR, OR WHEN ONE OR MORE SLEEPING ROOMS ARE ADDED OR CREATED IN EXISTING DWELLINGS, THE INDIVIDUAL DWELLING UNIT SHALL BE PROVIDED WITH CARBON MONOXIDE DETECTORS AS REQUIRED IN SECTION 908.7 AND 908.8. J k S � ADD A NEW SUBSECTION, 908.8, POWER SOURCE, TO READ AS FOLLOWS: IN NEW CONSTRUCTION, THE REQUIRED CARBON MONOXIDE DETECTORS SHALL RECEIVE THEIR PRIMARY POWER FROM THE BUILDING WIRING SYSTEM, AND WHEN PRIMARY POWER IS INTERRUPTED, SHALL RECEIVE POWER FROM A BATTERY. WIRING SHALL BE PERMANENT AND WITHOUT A DISCONNECTING SWITCH OTHER THAN THOSE REQUIRED FOR OVER CURRENT PROTECTION. CARBON MONOXIDE DETECTORS SHALL BE PERMITTED TO BE ELECTRICAL OUTLET TYPE WITH BATTERY BACK UP WHEN INSTALLED IN EXISTING BUILDINGS THAT UNDERGO ALTERATIONS, REPAIRS, OR ADDITIONS THAT DO NOT RESULT IN THE REMOVAL OF THE INTERIOR WALL OR CEILING FINISHES EXPOSING THE STRUCTURE. •i. • • ADD A NEW SUBSECTION, 908.8.1, INTERCONTNECTION, TO READ AS FOLLOWS: IN NEW CONSTRUCTION, ALL CARBON MONOXIDE DETECTORS AND ALARMS LOCATED WITHIN A SINGLE DWELLING UNIT SHALL BE INTERCONNECTED IN SUCH A MANNER THAT ACTUATION OF ONE ALARM SHALL ACTIVATE ALL OF THE ALARMS WITHIN THE INDIVIDUAL DWELLING UNIT. New Tex', Underlined; DELETED TEXT BRAC%ETEDj Page 105 of 266 Ordinance No. 2661 -2012 Page 12 of 35 DELETE THE REFERENCE "ICC ELECTRICAL CODE" AND REPLACING IT WITH "NATIONAL ELECTRICAL CODE AS ADOPTED BY KMC." DELETE THE REFERENCE "ICC ELECTRICAL CODE" AND REPLACING IT WITH "NATIONAL ELECTRICAL CODE AS ADOPTED BY KMC." IN THE EXCEPTION DELETE THE REFERENCE TO "ICC ELECTRICAL CODE" AND INSERT THE REFERENCE TO "NATIONAL ELECTRICAL CODE AS ADOPTED BY KMC." ADD EXCEPTION TO READ: 5. STAIRS OR LADDERS USED ONLY TO ATTEND EQUIPMENT ARE EXEMPT FROM THE REQUIREMENTS OF THIS SECTION. �T »T3e�.��r 1aFiT+t� �7xi�3�tMi ll3c? ADD THE FOLLOWING 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. M113 ADD THE FOLLOWING 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 EXTERIOR RAMPS IN CLIMATES WITH SNOW OR ICE SHALL BE DESIGNED TO MINIMIZE THE ACCUMULATION OF THE SNOW OR ICE. ADD THE FOLLOWING SENTENCE: EXTERIOR BALCONIES SHALL BE DESIGNED TO MINIMIZE ACCUMULATION OF SNOW OR ICE THAT IMPEDES THE MEANS OF EGRESS. New Text Underlined; [DELETED TEXT BRACK.ETED1 Page 106 of 266 Ordinance No. 2661 -2012 Page 13 of 35 ADD EXCEPTION TO READ: WHERE 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. 1017.1 CORRIDOR FIRE-RESISTANCE TING. ADD A NOTE mo READ: R OCCUPANCIES SHALL BE ALLOWED TO HAVE A ONE -HOUR RATED CORRIDOR WITHOUT A SPRINKLER SYSTEM WHEN THE CORRIDOR 1. SERVES ANY OCCUPANT LOAD GREATER THAN 10; 2. SERVES LESS THAN 17 DWELLINTG UNITS; AND 3. IS LESS THAN THREE STORIES IN HEIGHT. ADD EXCEPTION TO READ: EXCEPTION: BASEMENTS OR THE FIRST LEVEL BELOW THE FIRST STORY IN ALL OCCUPANCIES EXCEPT R -3, USED EXCLUSIVELY FOR THE SERVICE OF THE BUILDING MAY HAVE ACCESS TO ONLY ONE EXIT. ANY OTHER USE OF 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 EXCEPTION, STORAGE ROOMS, LAUNDRY ROOMS, MAINTENANCE OFFICES AND SIMILAR USES MAY NOT BE CONSIDERED AS PROVIDING SERVICE TO THE BUILDING. REVISE THIS SECTION BY DELETING EXCEPTIONS 1, 2, 3, 4, AND 7. ADD THE FOLLOWING DEFINITION: CONVENTIONAL INDUSTRY TOLER- ANCES. PLUS OR MINUS 1/2 INCH UP TO 36 INCHES AND PLUS OR MINUS 1 PERCENT OVER 36 INCHES. SLOPES MAY BE PLUS OR MINUS 1 PERCENT. DELETE "ONE- AND TWO -" AND REPLACE WITH "ONE -, TWO -, AND THREE -." New Text Underlined; [DELETED TEXT BRACKETED] Page 107 of 266 Ordinance No. 2661 -2012 Page 14 of 35 DELETE EXCEPTION 1 AND REPLACE WITH THE FOLLOWING: EXCEPTION l: ET LE VATORS ARE NOT REQUIRED IN FACILITIES THAT ARE LESS THAN THREE STORIES OR THAT HAVE LESS THAN 3,000 SQUARE FEET PER STORY UNLESS THE BUILDING CONTAINS OFFICES OF HEALTH CARE PROVIDERS (GROUP B OR I) PASSENGER TRANSPORTATION FACILITIES AND AIRPORTS (GROUP A -3 OR B) OR MULTIPLE TENANT FACILITIES OF GROUP M. SECTION 1105 ACCESSIBLE Eh41 C > ADD NEW SECTION TO READ AS FOLLOWS: 1105.2 PUBLIC USE AREAS. THE DOOR OPENING FORCE SHALL NOT EXCEED A 5 -FOUND FORCE. EXCEPTIONS: 1. A POWER- ASSISTED DOOR IS INSTALLED. 2. SOMEONE IS WITHIN LINE OF SIGHT OF THE DOOR AND AVAILABLE FOR ASSISTANCE DURING BUSINESS HOURS. 3. AN ELECTRONIC SIGNALING DEVICE IS INSTALLED IN ACCORDANCE WITH ICCJANSI 117.1 SECTION 702. t.. - ADD THE FOLLOWING AT THE END OF THE PARAGRAPH: ACCESSIBLE CAR SPACES SHALL BE AT LEAST EIGHT FEET WIDE WITH AN ACCESS AISLE AT LEAST FIVE FEET WIDE ABUTTING THE SPACE. ACCESSIBLE CAR SPACE ACCESS AISLES SHALL BE PART OF AN ACCESSIBLE ROUTE TO THE BUILDING OR FACILITY ENTRANCE. TWO ACCESSIBLE CAR SPACES MAY SHARE A COMMON ACCESS AISLE. PARKED VEHICLE OVERHANGS SHALL NOT REDUCE THE CLEAR WIDTH OF AN ACCESSIBLE ROUTE. ACCESSIBLE CAR SPACES AND ACCESS AISLES SHALL BE LEVEL WITH SURFACE SLOPES NOT EXCEEDING ONE TO 50 IN ALL DIRECTIONS. ACCESSIBLE CAR SPACES SERVING A PARTICULAR BUILDING SHALL BE LOCATED ON THE SHORTEST ACCESSIBLE ROUTE OF TRAVEL FROM ADJACENT PARKING TO AN ACCESSIBLE ENTRANCE. IN PARKING FACILITIES THAT DO NOT SERVE A PARTICULAR BUILDING, ACCESSIBLE CAR SPACES SHALL BE LOCATED ON THE SHORTEST ACCESSIBLE ROUTE OF TRAVEL TO AN ACCESSIBLE PEDESTRIAN ENTRANCE OF THE PARKING FACILITY. IN BUILDINGS WITH MULTIPLE ACCESSIBLE ENTRANCES WITH ADJACENT PARKING, ACCESSIBLE CAR SPACES SHALL BE DISPERSED AND LOCATED CLOSEST TO THE ACCESSIBLE ENTRANCES. Nm Text Underlined; [DELETED TEXT BRACKETEDI Page 108 of 266 Ordinance No. 2661 -2012 Page 15 of 35 ACCESSIBLE CAR SPACES SHALL BE DESIGNATED AS RESERVED BY A SIGN SHOWING THE SYMBOL OF ACCESSIBILITY. VAN - ACCESSIBLE SPACES SHALL HAVE AN ADDITIONAL SIGN READING "VAN - ACCESSIBLE" MOUNTED BELOW THE SYMBOL OF ACCESSIBILITY. ADD A NEW SECTION 1201.2 AS FOLLOWS: 1201.2 VAPOR RETARDERS. ALL EXTERIOR WALL, CEILINGS AND ROOF ASSEMBLIES WHICH ENCLOSE HEATED SPACES AND WHICH ARE EXPOSED TO OUTDOOR AMBIENT TEMPERATURES SHALL BE PROTECTED AGAINST WATER VAPOR TRANSMISSION. ASSEMBLIES NOT OTHERWISE OF IMPERMEABLE CONSTRUCTION SHALL HAVE INSTALLED, ON THE HEATED SIDE OF THE INSULATION OR AIR SPACES, VAPOR RETARDERS HAVING A PERM RATING OF 0.06 MINIMUM IN ACCORDANCE WITH ASTMS 96 (EQUIVALENT TO 6 MIL POLYETHYLENE). Fi.�iZa iv w IN THE FIRST SENTENCE, ADD THE WORDS "INSULATION AND" BEFORE THE WORD "CEILINGS." AMEND THE THIRD SENTENCE BY CHANGING "l INCH" TO "1 1/2 INCH." AMEND SECTION BY DELETING THE EXCEPTION IN ITS ENTIRETY. ADD A SENTENCE AT THE END OF THE PARAGRAPH TO READ AS FOLLOWS: ATTIC ACCESS SHALL NOT BE LOCATED IN A ROOM CONTAINING BATHING FACILITIES. 1202.3.2 EXCEPTIONS. REVISE BY DELETING THE WORDS "IN ACCORDANCE WITH THE INTERNATIONAL ENERGY CONSERVATION CODE" FROM EXCEPTION 4. DELETE THE REFERENCE TO "ICC ELECTRICAL CODE" AND REPLACE WITH °NATIONAL ELECTRICAL CODE AS ADOPTED BY THE KMC." DELETE THE REFERENCE TO THE "INTERNATIONAL PLUMBING CODE" AND INSERT THE REFERENCE TO THE "UNIFORM PLUMBING CODE AS ADOPTED BY KMC." New Text Underhm ;[DELETED TEXT BRACKETED] Page 109 of 266 Ordinance No. 2661 -2012 Page 1.6 of 35 IN OTHER THAN DWELLING UNITS, TOILET AND BATHING ROOM FLOORS SHALL HAVE A SMOOTH, NON- POROUS, NON - ABSORBENT SURFACE SUCH AS NON - CUSHIONED SHEET VINYL, SEALED CONCRETE, OR CERAMIC TILE WITH SEALED JOINTS OR OTHER APPROVED MATERIALS. BASE SHALL BE OF SIMILAR MATERIALS, SHALL EXTEND UP THE WALL FIVE INCHES (127 MM) MINIMUM, AND SHALL BE SEALED TO THE FLOORING AND WALL SURFACE AND ALLOWING DIFFERENTIAL MOVEMENT WITHOUT WATER PENETRATION. *jpX"7/,T4,", REVISE FIRST PARAGRAPH TO READ: WALLS WITHIN TWO FEET (6 10 MM) OF THE FRONT AND SIDES OF URINALS AND WATER CLOSETS SHALL HAVE A SMOOTH, NON- POROUS, NON - ABSORBENT SURFACE SUCH AS NON - CUSHIONED SHEET VINYL, SEALED CONCRETE, CERAMIC TILE WITH SEALED JOINTS, APPROVED PLASTIC PANELS, OR OTHER APPROVED MATERIALS, TO A HEIGHT OF FOUR FEET (1219 MM) MINIMUM. SECTION 1403.2 WEATHER PROTECTION. DELETE THE WORDS "IN ACCORDANCE WITH THE INTERNATIONAL ENERGY CONSERVATION CODE" FROM THE LAST SENTENCE OF THE FIRST PARAGRAPH. DELETE THE REFERENCE TO "ICC ELECTRICAL CODE" AND REPLACE WITH "NATIONAL ELECTRICAL CODE AS ADOPTED BY THE KMC." ADD NEW SECTION AS FOLLOWS: 1503.6 PROTECTION FROM FALLING ICE AND SNOW. ALL EXITS SHALL BE PROTECTED FROM FALLING ICE AND SNOW. t4d*M �s r° DELETE THE REFERENCE TO THE "INTERNATIONAL PLUMBING CODE" AND INSERT THE REFERENCE TO THE "UNIFORM PLUMBING CODE AS ADOPTED BY KMC." ADD A NEW SUBSECTION AS FOLLOWS: �._ � # s ; 41) i'.. New Text Underlined; [DELETED TEXT BRACKETED] Page 110 of 266 Ordinance No. 2661 -2012 Page 17 of 35 UNDERLAYMENT FOR METAL ROOF PANELS SHALL BE INSTALLED PER SECTION 1507.2.3. ADD THE FOLLOWING TO THE END OF THE "SURFACE ROUGHNESS D" DEFINITION: UNOBSTRUCTED SHALL BE DEFINED AS ANY SITE NOT SHELTERED FROM THE SHORELINE BY VEGETATION OR OTHER IMPEDIMENTS AT LEAST FOUR FEET HIGH AND COVERING AT LEAST 60 PERCENT OF AN AREA EXTENDING AT LEAST 30 FEET PERPENDICULAR TO A LINE CONNECTING THE BUTT DING TO ANY POINT OF THE SHORELINE. ADD THE FOLLOWING TO THE END OF THE PARAGRAPH: PROVIDED THE ENGINEER OF RECORD IS A REGISTERED PROFESSIONAL ENGINEER IN THE STATE OF ALASKA, THE ENGINEER OF RECORD SHALL BE DEEMED QUALIFIED TO PERFORM SPECIAL INSPECTIONS REQUIRED UNDER THIS CHAPTER WITHOUT FURTHER STATEMENTS OF QUALIFICATIONS OR RESUMES TO THE BUILDING OFFICIAL. DELETE THE FOURTH AND FIFTH SENTENCES AND INSERT THE FOLLOWING: ALL DISCREPANCIES SHALL BE BROUGHT TO THE IMMEDIATE ATTENTION OF THE CONTRACTOR FOR CORRECTION, AND SHALL BE DOCUMENTED IN A SPECIAL INSPECTION REPORT. IF ACTION iS NOT TAKEN IMMEDIATELY OR WITHIN AN AGREED TIME FRAME TO CORRECT THE NON - CONFORMANCE, THE SPECIAL INSPECTOR SHALL PROMPTLY INFORM THE ENGINEER OF RECORD AND THE BUILDING OFFICIAL, VERBALLY AND IN WRITING THROUGH A SPECIAL INSPECTION REPORT. DISCREPANCIES DISCOVERED BY THE SPECIAL INSPECTOR AFTER THE FACT SHALL BE REPORTED TO THE ENGINEER OF RECORD AND THE BUILDING OFFICIAL IN WRITING. ADD THE FOLLOWING UNDER EXCEPTION 2, TO READ AS FOLLOWS: 2.6. WELDS LISTED UNDER EXCEPTION 2 WILL NOT REQUIRE SPECIAL INSPECTION IF DESIGN STRESSES ARE LESS THAN HALF OF THE ALLOWABLE STRESSES AND WELDS ARE PLACED BY AWS CERTIFIED WELDERS. THE ENGINEER OF RECORD SHALL INDICATE ON THE DRAWINGS WHICH WELDS, IF ANY, DO NOT REQUIRE SPECIAL INSPECTION. New, Text Underlined: [DELETED TEXT BRACKETED] Page 111 of 266 Ordinance No. 2661 -2012 Page 18 of 35 ADD THE FOLLOWING: EXCEPTION: SHOTCRETE WORK NOT OF A STRUCTURAL NATURE OR NOT FOR WATER RETENTION STRUCTURES, WHICH IS FULLY SUPPORTED ON EARTH, WHICH IS FOR MINOR REPAIRS OR WHEN NO SPECIAL HAZARD EXISTS AND SPECIAL INSPECTION IS WAIVED BY THE BUILDING OFFICIAL. DELETE SUBSECTION IN ITS ENTIRETY. � 4 ADD THE FOLLOWING TO THE BEGINNING OF THE FIRST PARAGRAPH: ALL FOOTINGS SHALL BE CONCRETE. ALL - WEATHER WOOD FOUNDATION SYSTEMS MAY ONLY BE INSTALLED IN TYPE GW, GP, SW, AND SP SOILS UNLESS A COMPLETE SOILS INVESTIGATION AND FOUNDATION DESIGN, PREPARED BY A CIVIL ENGINEER REGISTERED IN THE STATE OF ALASKA, IS SUBMITTED FOR APPROVAL. ADD THE FOLLOWING AT THE END OF THE PARAGRAPH: FOUNDATION PLATES OR SILLS SHALL BE BOLTED TO THE FOUNDATION OR FOUNDATION WALL WITH GALVANIZED STEEL BOLTS. NON - PERMANENT FOUNDATIONS FOR PORTABLE E- OCCUPANCY SHALL BE DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH SECTIONS 1805.10.1 THROUGH 1805.10.5. MATERIALS AND METHODS DIFFERING FROM THOSE DESCRIBED IN THIS SECTION MAY BE APPROVED IF SUBMITTED FOR APPROVAL PRIOR TO INSTALLATION BY THE BUILDING OFFICIAL. SUPPORT FOR PORTABLE BUILDINGS SHALL BE AT BEARING POINTS AT NO MORE THAN EIGHT FEET ON CENTER INSTALLED UNDER THE MAINFRAME MEMBERS ON EACH SIDE OF THE PORTABLE BUILDING. � : � � � `x � ear ♦ �; BEARING POINT WOOD BLOCKS IN CONTACT WITH THE GROUND AT EACH BEARING POINT SHALL BE A MINIMUM OF TWO -INCH NOMINAL THICKNESS AND OF PRESERVATIVE TREATED WOOD. SUPPORT BLOCKING MAY BE REGULAR New Text Underlined; (DELETED TEXT SRACKETEDI Page 112 of 266 Ordinance No. 2661 -2012 Page 19 of 35 LUMBER WHEN PLACED ON THE PRESERVATIVE TREATED WOOD BEARING BLOCK OR ON A CONCRETE PAD OR A CONCRETE MASONRY UNIT BUT SHALL BE NO LONGER OR WIDER THAN THE BLOCK BENEATH. W i. CORED CONCRETE BLOCKS OR CONCRETE MASONRY UNITS USED FOR BLOCKING SHALL BE PLACED VERTICALLY. ALL SUCH CONCRETE BLOCKING SHALL BE LOAD - BEARING BLOCKS COMMONLY KNOWN AS CLASS A CONCRETE BLOCKS. 1505.10.4 MECH &TsTICAL TIE-DOWNS. MECHANICAL TIE -DOWNS TO AN AUGER TYPE GROUND ANCHOR ARE REQUIRED AT EACH CORNER OF BUILDING AND AT EIGHT -FOOT INTERVALS BETWEEN. SKIRTING MADE OF SOLID PANELS WITH ALL ACCESS OPENINGS CLOSED WHEN NOT IN USE IS REQUIRED. ADD NEW SECTION TO READ AS FOLLOWS: ANCHORS SHALL BE IN PLACE PRIOR TO PLACING CONCRETE. EXCEPTION: ANCHORS HAVING A REQUIRED EMBEDMENT DEPTH OF SEVEN INCHES OR LESS MAY BE FIELD PLACED WHILE CONCRETE IS IN PLASTIC CONDITION. MUT03wriz, I STUMITIMMMO ADD A NEW SECTION TO READ AS FOLLOWS: r< a s' � •- ANCHORS SHALL BE IN PLACE PRIOR TO GROUTING. EXCEPTION: ANCHORS HAVING A REQUIRED EMBEDMENT OF 13 INCHES OR LESS MAY BE FIELD PLACED WHILE GROUT IS IN PLASTIC CONDITION. ADD PARAGRAPH AS FOLLOWS: ALL STUDS IN EXTERIOR PLUMBING WALLS SHALL BE A MINIMUM SIX -INCH (152 MM) NOMINAL WIDTH UNLESS OTHERWISE APPROVED. New Text Underlined; DEL&Eb TEXT BRACKETED] Page 113 of 266 Ordinance No. 2661 -2012 Page 20 of 35 r � ADD A PARAGRAPH AS FOLLOWS: METAL FRAMING ANCHORS WITH A 400 -POUND UPLIFT CAPACITY SHALL BE SPACED NO FURTHER APART THAN 48 INCHES (1,219 MM) FOR ROOF RAFTERS OR TRUSSES WITH SPANS LESS THAN 20 FEET (6,096 MM) IN LENGTH, AND NO FURTHER APART THAN 24 INCHES (610 MM) FOR SPANS GREATER THAN 20 FEET (6,096 MM) IN LENGTH. WHERE WALLS HAVE STRUCTURAL PANEL SHEATHING, THE ANCHOR MAY BE PLACED ON THE INSIDE OF THE WALL WITHOUT DIRECT ANCHORAGE TO STUDS BELOW. THE CONTINUITY OF THE LOAD PATH THROUGH THE WALLS AND FLOORS BELOW SHALL BE CONSIDERED. DELETE THE REFERENCE TO "ICC ELECTRICAL CODE" AND REPLACE WITH "NATIONAL ELECTRICAL CODE AS ADOPTED BY KMC." DELETE THE REFERENCE TO "ICC ELECTRICAL CODE" AND REPLACE WITH "NATIONAL ELECTRICAL CODE AS ADOPTED BY KMC." 3002.4 CHANGE IN USE. ADD NEW PARAGRAPH TO READ AS FOLLOWS: ANY CHANGE IN USE SHALL NOT BE MADE WITHOUT THE APPROVAL OF THE BUILDING OFFICIAL. SAID APPROVAL SHALL BE GRANTED ONLY AFTER IT IS DEMONSTRATED THAT THE INSTALLATION CONFORMS TO THE REQUIREMENTS OF ASME AL7.1 AND ITS SUPPLEMENTS, kT�Ti7€FlfaDlr:��5�Ce3.i�� c � � � • ; , ! R- ADD A SECOND PARAGRAPH TO READ AS FOLLOWS: ELEVATORS SHALL BE TESTED ON NORMAL AND ON EMERGENCY POWER. ELEVATORS SHALL BE TESTED BY ACTIVATING THE SMOKE DETECTORS AND BY USE OF THE RECALL KEY SWITCH. THESE TESTS SHALL BE PERFORMED AT INTERVALS NOT -TO- EXCEED ONE YEAR THEREAFTER. f * s: AFTER CERTIFICATION AND YEARLY ACCESS TO ELEVATOR MACHINE ROOMS ABOVE GRADE SHALL BE FROM THE INSIDE OF THE BUILDING OR SHALL BE BY AN ENCLOSED, VENTILATED, New Text Tlnderlined; [DELETED TEXT BRACKETED) Page 114 of 266 Ordinance No. 2661 -2012 Page 21 of 35 AND WELL - LIGHTED PASSAGEWAY PROTECTED FROM THE WEATHER. PASSAGEWAY SHALL BE A MINIMUM OF 3' -6" WIDE BY 6' -8" HIGH, AND SHALL MEET THE MATERIAL AND CONSTRUCTION REQUIREMENTS OF THIS CODE. DELETE THE REFERENCE TO "INTERNATIONAL PLUMBING CODE" AND REPLACE WITH "UNIFORM PLUMBING CODE AS ADOPTED BY KMC," 3401,3 COMPLIANCE WITH OTHER CODES. DELETE THE REFERENCE TO "INTERNATIONAL PLUMBING CODE," "ICC ELECTRICAL CODE," "INTERNATIONAL PRIVATE SEWAGE DISPOSAL CODE" AND REPLACE WITH "UNIFORM PLUMBING CODE AND NATIONAL ELECTRICAL CODE AS ADOPTED BY KMC." • REVISE THE FIRST SENTENCE TO READ AS FOLLOWS: STRUCTURE DEFINED AS EXISTING PRIOR TO THE EFFECTIVE DATE OF THIS CODE IN WHICH THERE IS WORK INVOLVING ADDITIONS, ALTERATIONS OR CHANGES OF OCCUPANCY MUST CONFORM TO THE REQUIREMENTS OF THIS SECTION OR THE PROVISIONS OF SECTIONS 3403 THROUGH 3407. REVISE BY CHANGING THE REFERENCED STANDARDS FROM THE PUBLICATION DATE LISTED TO THE LATEST PUBLISHED EDITION.] 101.4.1Gas. Delete this section. 101.4.3 Plumbing. Delete reference to "International Plumbing Code" and insert reference "Uniform Plumbing Code as adopted by KMC," 101.4.6 Energy. Delete this section. Section 103 Devartent of Building Safety. Delete this section. 105.5 Expiration. i New Text Underlined; [DELETED TEXT BRACKETED) Page 115 of 266 Ordinance No. 2661 -2012 Page 22 of 35 International Code Council. Section 113 Board of Ap eals. Delete the entire section. Refer to KMC Chanter 4.40. Section 114,4 Violation Penalties. Delete the entire section Refer to KMC Chapter 4,40. Code" and replace with reference to "Uniform Plumbing Code as adopted by KMC." 305.2 Day Care. than 2 1/2 years of age, including children related to the staff, shall be classified as a Group E occupancv. Further. add a new exception to read: alarms as described m Subsection 907.2.10 carbon monoxide detectors and alarms International Fire Code 2009 Edition. 306.2 Factory Industrial F -I Moderate- hazard Occupancy Amend by adding 'shops related to an educational facility >" to the list after "Shoes." ` -Io. 308.3 Group 1 -2. Delete the last sentence and replace with: A facility such as the above with five or fewer persons, including persons related to the staff shall be classified as a Group R -3. New Tee -Underlined; (DELETED TEXT BRACKETED) Page 116 of 266 Ordinance No. 2661 -2012 Page 23 of 35 or fewer persons, including persons related to the staff shall be classified as a Group R -3. Section 3128.5.1 (Adult Care Paailite7). Amend by deleting the exception construction requirements for Group R -3. "gasas gypsum board." 412.4.1 Exterior Walls. Amend by deleting "30 feet 9144mm)" and replacing it with "20 feet j6.098mm1." 415.6.4 Dry Cleaning Plants. Delete reference to "International Plumbing Code" and insert reference to "Uniform Plumbing Code as adopted by KMC." 415.8.2.8.1 General. Delete reference to "ICC Electrical Code" and insert reference to "National Electrical Code as adopted by KMC," Exceptions: 1. Normallv unoccupied buildings. 2. Buildings of or with F. H, S and U occupancies. New Text Underlined; [DELETED TEXT BRACKETED] Page 117 of 266 Ordinance No. 2661 -2012 Page 24 of 35 3. All occupancies within an industrial area that is secured and there is no public access, contains bedrooms or sleeping rooms, at least one detector shall be located in the listing The alarm shall be clearly audible in all sleepier rooms even if the intervening doors are closed. Exceptions: 1. Carbon monoxide detectors and alarms are not required in dwelling units and structures that have all the following: a. no combustion appliances, opening. 2. Carbon monoxide detectors and alarms are not required if all combustion automatic carbon monoxide exhaust system designed in accordance with the 2009 T. M C. dwelling unit. 425.3 Power source. In new construction carbon monoxide detectors and alarms shall receive their primary power from the building wiring if f the wiring is served from a commercial source and shall be equipped with a battery backup Wirm shall be permanent and without a disconnecting switch other than what is require Section 426 Occupants Needing Physical assistance Add the following new subsections: respond to emergencies. 426.2 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 fal is exterior to and awav from a building• or (b) is within a building of any type New Text Underlined; (DELETED TEXT BRACKETED] Page 118 of 266 Ordinance No. 2661 -2012 Page 25 of 35 construction protected throughout by an approved automatic sprinkler system and that is either (1) within an exit enclosure meeting the requirements of Section 1020 or failed to participate in the drills. 426.4.1 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 1 -1 or R -4 occupancies must be followed. 426.4.2 Slow Evacuation Capability. Evacuation capabilit),> of more than three sprinkler system, with quick - response or residential sprinklers installed in accordance with section 903.3.1.2 (N.F.P.A. 13R tSprinkler Systems) 426.4.3 Impractical Evacuation C.apabiliiv, Evacuation capability of 14 minutes or more indicates impractical evacuation capability. In facilities maintaining New Text Underlined; DELETED TEXT BRACKETED] Page 119 of 266 Ordinance No. 2661 -2012 Page 26 of 35 Add new section to read: 5.3.1 Bnsidangs rnnst adjoin or have access to a permanent public, wav or vard on not less than one side. Required yards must be permanently maintained. up to a total of 12 children of any age may use the second story of the building le_izal provisions for an E Occupancy met. Table 508.2.5 Btu input and furnace rooms of all other occupancies where the largest piece of equipment is over 400,000 Btu per hour input. Chanter 6. Section 603.1.3 (Electrical) Add new section as follows: 603.1.3.1 Electrical weatherheads should be installed on the gable ends when a metal roof is installed. 717.4.2 Groups R -1 and E -2. Delete and replace first paragraph with: Draft stopping must be provided in attics; mansards overhangs or other concealed roof spaces of Group R -2 buildings ventilation as described in Section 1203.2, Draft stopping must be installed above and in line with, tenant and dwelling separation walls that do not extend to the underside of the roof sheathing above. area between draft stops that extends from the ceiling to the roof does not exceed tenant spaces, unless part of construction required by other provisions of this code Adequate cross ventilation must be provided in accordance with Section 1203.2. 806.1 General Requirements Amend by adding "or treated by a method approved by the _fire code official' at the end of the fourth paragraph; New Test Underlined; [DELETED TENT BRACKETED] Page 120 of 266 Ordinance No. 2661 -2012 Page 27 of 35 Delete and replace with: The use of a fire wall or barrier does not establish a separate building or fire area for purposes of this section. Delete Exceptions and Replace with: Exceptions: Buildings with E occupancies having an occupant load of 49 or less. An automatic sprinkler system must also be provided for every portion of educational buildings below the level of exit discharge. Home Day care uses that are licensed to care for more than 5 persons between approved by the Building Official. installed in Group R occupancies except as required in 903.2.8.1 through 903.2.8.2 903.2.8.2 Group R -2 An automatic sprinkler system or a residential sprinkler including basements, or that have more than four dwelling units or sixteen sleep rooms."• 903.3.1.1 NF PA. 13 Sprinkler Systems. Amend by adding a new subsection to read: the single head can be turned off in an emergency. The globe valve must be marked and scaled 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 Section 3006.4 • ___... f2) smoke detection is provided in accordance with NFPA ; (3) notification. of alarm activation is received at a constantly monitored location and (4) fire extinguisher is provided in the elevator machine room New Text Underlined; [DELETED TEXT BRACKETED] Page 121 of 266 Ordinance No. 2661 -2012 Page 28 of 35 908.3.1.1 Amend by adding a new Section 903.3.1.1.3 to read: "903.3.1.1.3 (Inspectors Test Valve). A test valve will be installed at the remote area in both dry and wet systems to ecual the required flow of one sprinkler head. It can be installed to the exterior or to an interior drain. 906.1 Where Required, Amend by deleting the exception in number 1 907.1.2 Fire Alarm Shop Drawings. 907.2.1 (Group .A) Delete the exception and replace with: "A manual fire alarm system shall be installed in Group A -2 occupancies with an occupant load of 100 or more','- 907.2.2 (Group ll) Amend by deleting the exception 907.2.3 Group E. Amend 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 detectors that comply with Section 907.2.11.2. Further amend by deleting exception 3 907.2.4 (Group F) Amend by deleting the exception; 907.2.6.1 (Group I -11 Amend by deleting Exception 1; 907.2.7 (Group Ml Amend by deleting exception 2� 907.2.8.1 (Manual Fire Alarm System( Amend by _deleting exception 2; 907.2.9.1 (Manual Fire Alarm System) Amend by deleting exception 2: 907.2.10.1 Manual Fire Alarm System Amend by deleting exception 2; additions requiring a permit are made to an existing Group R occupancy, smoke alarms must be installed as described n Section 907.2.11. New Text Underlined; [DELETED TEXT BRACKETED] Page 122 of 266 Ordinance No. 2661 -2012 Page 29 of 35 907.7.2 Record of Completion. Amend by adding, new sentence to read: A copy of the acceptance test certificate installation. occupancies. Where there are sleeping, rooms on a floor the detector shall be placed outside the sleeping, rooms The alarm shall be clearly audible in all bedrooms over appliances. 908.7.1 Alterations Repairs and Additions. Add a new subsection 908.7. L Alterations Repairs and Additions to read as follows: When interior alterations, repairs or additions requiring, a permit occur, or when one or more sleeping, rooms are added or created in existing dwellings the individual dwelling unit shall be provided with carbon monoxide detectors as required in section 908.7 and 908.8. 908.8.1 luterconnection. 910.1 General Amend by deleting Exception 2 1007.3 Exit Stairways Amend by deleting exceptions 1 -7; 1009.1 Stairway [Width. New Text Underlined; [DELETED TEXT BRACKETED] Page 123 of 266 Ordinance No. 2661 -2012 Page 30 of 36 Amend by adding exception to read: 5. Ladders used only to attend equipment are exempt from the requirements of section 1009 1009.6,2 Outdoor Conditions. Amend by addine the following sentence: In occupancies other than Group R -3 to minimize the accumulation of the snow or ice 1015.2,2 Three or More Exits or Exit Access Dooraxrays Amend by adding the following exception Where access to three or more exits is required, the separation distance of the third exit door or exit access doorwat shall not be less than one -third of the length of the maximum overall diagonal dimension of the area served. 004VI Kim .. 3. is less than 3 stories in height. minimize accumulation of snow or ice that impedes the means of egress 1021.1 Number of E7dts and Continuity. 1029.1 General. Amend by deleting exceptions 2 2 3 4 and 7 Seotion 1102 Definitions. Amend by adding the following definition: CONVENTIONAL INDUSTRY TOLERANCES. Plus or minus 112 inch up to 36 inches and plus or minus I percent over 36 inches. Slopes may be plus or minus Z percent. a, ►. s,- New Text Underlined; [DELETED TEXT BRACKETED] Page 124 of 266 Ordinance No. 2661 -2012 Page 31 of 35 Amend by deleting "one- and two -" and replace with "one -, two -, and three -." exposed to outdoor ambient temperatures shall be protected against water vapor perm rating of 0.06 minimum in accordance with ASTMS 96 (equivalent to 6 mil polyethylenel. 1203.3.2 Lxceptions. Amend by deleting the words "in accordance with the International Energy Conservation Code" from Exception 4. 1205.4.1 Controls. Delete the reference to "ICC Electrical. Code" and replace with "National Electrical Code as adopted by the KMC." 1206.3.3 Court Drainage. 1405.11.4 Grounding. Delete the reference to "ICC Electrical Code" and replace with "National Electrical Code as adopted by the KMC." 1809.14 Portable Building Foundation laeauirements, Add new section to read: Non- permanent foundations for portable E- occupancy be approved if submitted for approval prior to installation by the Building Official 1809.14.1 Support for Portable Buildings. Add new section to read: Support for portable buildings shall be at bearing points at no more than eight feet on center installed under the mainframe members on each side of the portable building. 1809.14.2 Bearing Point 'Food Blocks. Add new section to read: Bearing point wood blocks in contact with the ground at each bearing point shall be a minimum of two -inch nominal thiclmess and of preservative treated wood. Support blocking may be regular lumber when placed on the preservative treated wood bearing block or on a concrete pad or a concrete masonry unit but shall be no longer or wider than the block beneath. blocks commonly knoa*n as Class A concrete blocks. New Text Underlined; (DELETED TEXT BRACKETED] Page 125 of 266 Ordinance No. 2661 -2012 Page 32 of 35 ►: MID 1509.14.5 Skirting. Add new section to read: Skirting made of solid panels with all access openings closed when not in use is required. Add new section to read as follows: • x , t, approved. 2701.1 Scope. Delete the reference to "NFPA 70" and replace with "National Electrical Code as adopted by KMC." 2702.1 Installation. Delete the reference to "ICC Electrical Code" and replace with "National Electrical Code as adopted by KMC." Section 3103.2 Construction Documents 3305.1 Facilities Required. Delete the reference to "Intemation l Plumbing Code" and replace with "Uniform Plumbing Code as adopted by KMC." 0lcapter 34. Rscistiag Structures. Delete the entire chapter and refer to the KMC adopted Intemational Existing Buildings Code. 0hapter 35. Referenced Standards. Revise by changing the referenced NFPA Standards from the publication dates listed to the following: (Ord. 2001 -2003. 2089 -2005 2172 -2006 2277 -20081 New Text: Underlined; [DELETED TEXT BRACKETED] Page 126 of 266 Ordinance No. 2661 -2012 Page 33 of 35 NFPA ,S,�tandard. Ref_erenc_ed reference in once 904.9 13 -10 Installation of S� Iff Systems .. 708 2 903 3.1 1 903 3 2 903 3.5 1.1 903.3.5-2,904.11-9052,.0 907 _631613.6-3 20-10 Installation ofSmtionary Pnrnns for Fire Protection Q131 913 2 1 9' 3 5 72 -10 tiationai F6'e Aiarm Cmde 901.6.903.4.1 904 3 5 907 2 907.2 .5 907 2 11. 9072112 . 929073 907.3 3907.3.4 90 7.3 21,2 ........ .. .......... ...803.13.803131 268 —t i Standard Test Method for Dkermining tenih}tiiity of Exterior Wall Assemblies Using a Rad'anl Heat Energy Snurce 1406 2 1 1406.2.1.1 L06.2^_ 2603.5.7. D1D5 I 655 -07 Prevention of Sulfur Fires and E losiom........ ............................. ....... ........ . .415.6.1 664 -12 Prevention of Fires and Explosions in Wood Processing and Woodworking Fact1'Ces 415.6.1 New Tez-t Underhr ed; [DELETED TEXT BRACKETED) Page 127 of 266 Ordinance No. 2661 -2012 Page 34 of 35 701 -10 Standard Method of Fire Tests for Flame•proI asatio i of T figs a id F'hns 402 I2 410 3 6 801 1.4 806.1 606 1 2.8062 3102,_3 310' 3 L 4.OS.020 Building Official. (a) The Building Official of this City shall have the powers, duties, and functions prescribed for the "Building Official" by the International Building Code, adopted by KMC 4.05.010 provided the said powers, dines, and functions may be performed by authorized representatives of the Building Official and under his or her supervision and control. (b) The City Administrator shall be ex- officio Building Official unless he or she appoints another person to the Building Official. The authorized representatives of the Building Official referred to above, when and if appointed, shall be appointed by the City Administrator. 4.05.025 Application for permit. Section 10[617.2.5 of the International Building Code as adopted by this chapter is amended by adding the following: It is the property owner's responsibility to have the property confers physically located and marked to make sure the structure is accurately placed on the site as per the submitted site plan. If at initial building inspection for construction the site plan is not accurate or due to site conditions it cannot be ascertained if the proposed building will be in compliance with the building setback requirements of the Kenai Planning and Zoning Code, the administrative authority shall require the permit holder to provide a state registered land surveyor's stamped site plan, 4.05.030 Fee schedule. Fees or charges under the International Building Code as adopted by this Chapter shall be as set forth in the Citv's schedule of rates charges and fees adapted by the City Council. [THE FIRST PARAGRAPH OF SECTION 10[814.2 OF THE INTERNATIONAL BUILDING CODE ADOPTED BY THIS CHAPTER IS AMENDED TO READ:] [THE FEE FOR EACH BUILDING PERMIT SHALL BE PAID TO THE CITY AS SET FORTH IN THE CITY'S SCHEDULE OF FEES ADOPTED BY THE CITY COUNCIL. BUILDING PERMIT FEES SHALL BE BASED UPON THE VALUE OF THE IMPROVEMENT. PLAN REVIEW FEES SHALL BE SIXTY -FIVE PERCENT (65 %) OF THE BUILDING PERMIT FEE. THE APPLICANT SHALL PAY THE PLAN REVIEW FEE AT THE TIME THE APPLICANT SUBMITS THE BUILDING PERMIT APPLICATION TO THE CITY. THE CITY MAY ALSO ASSESS ADDITIONAL FEES AS SET FORTH IN THE FEE SCHEDULE FOR ADDITIONAL INSPECTIONS AS MAY BE REQUIRED BY CHANGES, ADDITIONS, OR REVISIONS TO PLANS.] [4.05.035INSPECTIONS. SECTION 109.3. 10 OF THE INTERNATIONAL BUILDING CODE AS ADOP'T'ED BY THIS CHAPTER IS AMENDED BY ADDING THE FOLLOWING: New Text Underlined: DELETED TEXT BRACKETED] Page 128 of 266 Ordinance No. 2661-2012 Page 35 of 35 ON NEW AND ENLARGED STRUCTURES, THE BUILDING OFFICIAL SHALL REQUIRE THE SUBMISSION OF AIN AS-BUILT SURVEY AS PERFORMED BY A STATE REGISTERED LAND SURVEYOR PRIOR TO FINAL INSPECTION IF IT IS DEEMED NECESSARY TO COMPLY WITH KMC TITLE 14 SETBACK REQUIREMENTS AND BUILDING CODE REGULATIONS.1 Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of January, 2013. ATTEST: Sandra Modigh, CMC City Clerk PAT PORTER, MAYOR Introduced: December 19, 2012 Adopted: January 2, 2013 Effective: February 2, 2013 New Text Underlined; (DELETED TEXT BRACKETED] Page 129 of 266 To: City Council Through: Rick Koch, City Manager From: Larry Floyd, Building Official Date: December 11, 2012 Re: 2009 International Building Code Adoption The City of Kenai has historically adopted the latest edition of the International Building Code as the standard for construction in the City. The City has a deferral agreement with the State of Alaska which requires the City of Kenai to adopt and enforce code standards no less stringent than those enforced by the State. The State of Alaska adopted the 2009 International Building Code in November of this year. I therefore recommend the adoption of the 2009 International Building Code as amended by the State of Alaska in order to comply with our deferral agreement and to consistently enforce the code standards in effect throughout the State. Page 130 of 266 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING CHAPTER 8.05, FIRE PREVENTION STANDARD, BY ADOPTING THE 2009 EDITION OF THE INTERNATIONAL FIRE CODE AND MAKING LOCAL AMENDMENTS. WHEREAS, the City previously adopted the International Fire Code, 2006 Edition, of the Intemational Code Council, including the appendices with local amendments; and, WHEREAS, the International Code Council updated the International Fire Code in 2009;and, WHEREAS, the City's Building Official and Fire Marshall accordingly recommend adoption of the 2009 Edition of the International Fire Code, with certain amendments; and, WHEREAS, it is in the best interest of the City to adopt the 2009 Edition of the International Fire Code and the updated standards therein, as amended for the City, in order to protect the health, safety, and welfare of its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Chanter 8.05 of the Kenai Municipal Code: The Kenai Municipal Code, Chapter 8.05, Fire Prevention Standard, is hereby amended as follows: 8.05.010 Adoption of fire prevention standards. 8.05.020 Er r of fire prevention d 8.05.030 Local amendments to the 200[6L9 International Fire Code. 5.06.010 Adoption of fire prevention standards. [(a) THE CITY OF KENAI HEREBY ADOPTS THE FOLLOWING FIRE PREVENTION STANDARDS: (1) THE INTERNATIONAL FIRE CODE (I.F.C.), CHAPTERS 1 -45 AND APPENDICES B —G (2006 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 Page 131 of 266 Ordinance No. 2662 -2012 Page 2 of 42 STORAGE, HANDLING, AND USE OF HAZARDOUS SUBSTANCES, MATERIALS, AND DEVICES, AND FROM OTHER CONDITIONS HAZARDOUS TO LIFE AND PROPERTY, WITH THE FOLLOWING REVISIONS: DELETE THE FOLLOWING SECTIONS: 103, 104.2, 104.4, 104.5, 104.6, 105 108, 109, 111, 105, 301.2, 308.4.1, 315.1, 601.2, 901.3, 1101.3, 1201.2, 1301.2, 1501.2, 1601.2, 1701.2, 1801.5, 1901.2, 2001.2, 2101.2, 2201.2, 2301.2, 2403.4, 2501.2, 2601.2, 2701.5, 2801.2, 2901.3, 3001.2, 3101.2, 3201.2, 3301.2, 3401.4, 3501.2, 3601.2, 3701.2, 3801.2, 3901.2, 4001.2, 4101.2, 4201.2, 4301.2 AND 4401.2; (2) THE NATIONAL FIRE CODES OF 15 VOLUMES, 2006 EDITION, OF THE NATIONAL FIRE PROTECTION ASSOCIATION AS REFERENCED BY CHAPTER 45 OF THE 2006 INTERNATIONAL FIRE CODE.] and from other conditions hazardous to life that certain code imown as the incorporated as fully as if set out verbatim herein. (b) The above codes are available for inspection and use by the public in the Public Safety Building in an office designated by the Fire Chief. 8.05.020 Enforcement of fare prevention standards. The [S] standards adopted hereby shall be enforced by [THE AGENCY DESIGNATED AS] the Fire Department for the City and by the Fire Chief and the Citv's Building Official or their respective deslgPlees. 8.05.030 Local amendments to the 200[6]9 International Fire Code. [THE AMENDMENTS TO THE 2006 EDITION OF THE INTERNATIONAL FIRE CODE ARE LISTED HEREINAFTER BY SECTION. THE 2006 INTERNATIONAL FIRE CODE AND ITS APPEND iCES B—G SHALL BE ADOPTED AS AMENDED BELOW. AMEND BY DELETING THIS SECTION AND ADDING A NEW PARAGRAPH. PERSONS WHO SHALL VIOLATE A PROVISION OF THIS CODE OR SHALL FAIL TO COMPLY WITH ANY OF THE REQUIREMENTS THEREOF OR WHO SHALL ERECT, INSTALL, ALTER, REPAIR OR DO WORK IN VIOLATION OF THE APPROVED CONSTRUCTION DOCUMENTS OR DIRECTIVE OF THE CODE OFFICIAL, SHALL BE GUILTY OF A VIOLATION AND PUNISHABLE OF A FINE. SEE SECTION 8.15.110 AND SECTION 13.05.010 OF THE KENAI MUNICIPAL CODE FOR PENALTIES AND New Text Uaderiinefl; (DELETED TEXT BRACKETED] Page 132 of 266 Ordinance No. 2662 -2012 Page 3 of 42 REMEDIES ASSOCIATED WITH VIOLATING PROVISIONS OF THE FIRE PREVENTION CODE. ANY PERSON WHO SHALL CONTINUE ANY WORT{ AFTER HAVING BEEN SERVED WITH A STOP WORK ORDER, EXCEPT SUCH WORK AS THAT PERSON IS DIRECTED TO PERFORM TO REMOVE A VIOLATION OR UNSAFE CONDITION, SHALL BE LIABLE TO A FINE OF NOT MORE THAN $500.00 DOLLARS. EACH AND EVERY DAY SHALL CONSTITUTE A SEPARATE VIOLATION. 201.3 GENERAL. AMEND PARAGRAPH BY CHANGING INTERNATIONAZ PLUMBING CODE TO UNIFORM PLUMBING CODE. ADD THE FOLLOWING DEFINITION FOR ANFIRS: ANFIRS IS THE ALASKA NATIONAL FIRE INCIDENT REPORTING SYSTEM. ADD EXCEPTION TO READ AS FOLLOWS: EXCEPTION: FAMILY CHILDCARE HOMES (R -3) OPERATING BETWEEN THE HOURS OF 6:00 A.M. AND 10:00 P.M. MAY ACCOMMODATE A TOTAL OF TWELVE CHILDREN OF ANY AGE WITHOUT CONFORMING TO THE REQUIREMENTS OF AN E OCCUPANCY EXCEPT FOR SMOKE DETECTORS AS SPECIFIED IN SUBSECTION 907.2.10, MEANS OF EGRESS REQUIREMENTS OF SECTION 1003, INCLUDING EMERGENCY ESCAPE AND RESCUE OPENINGS (AS REQUIRED BY SECTION 1009) IN NAPPING OR SLEEPING ROOMS, AND FIRE EXTINGUISHER REQUIREMENTS AS OUTLINED IN SECTION 906, ADD THE FOLLOWING DEFINITION FOR SERVICE: SERVICE IS THE ANNUAL TEST, MAINTENANCE, OR SERVICE DEFINED AND REQUIRED BY APPLICABLE FIRE EQUIPMENT, STANDARDS SET FORTH IN TABLE 901.6.1. AMEND 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 INTERNATIONAL BUILDING CODE, SECTION 423. THE FIRST SENTENCE OF THE LAST PARAGRAPH OF THE DEFINITION FOR "INSTITUTIONAL GROUP I, GROUP I -1" 1S AMENDED TO READ: New Text Underlined; (DELETED TEXT BRACKETED) Page 133 of 266 Ordinance No. 2662 -2012 Page 4 of 42 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. THE SECOND PARAGRAPH OF THE DEFINITION FOR "INSTITUTIONAL GROUP I, GROUP I -2" IS AMENDED 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. THE LAST PARAGRAPH OF THE DEFINITION FOR "INSTITUTIONAL GROUP I, GROUP I -2" IS AMENDED 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. THE SECOND SENTENCE OF THE DEFINITION FOR "GROUP 1 -4, DAY CARE FACILITIES" IS AMENDED 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. AMEND 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 INTERNATIONAL BUILDING CODE, SECTION 423, AMEND BY ADDING A DEFINITION TO READ: SERVICE. THE ANNUAL TEST, MAINTENANCE, OR SERVICE DEFINED AND REQUIRED BY APPLICABLE FIRE PROTECTION SYSTEM MAINTENANCE STANDARDS SET OUT IN TABLE 901.6.1. f r s AMEND 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 New Test Underlined; (DELETED TEXT BRACKETED) Page 134 of 266 Ordinance No. 2662 -2012 Page 5 of 42 REGISTERED FIRE DEPARTMENT, MUST BE PRESENTED BY THE OWNER OF THE LAND UPON WHICH THE FIRE IS TO BE KINDLED BEFORE KINDLING SUCH FIRE. + A4!: AMEND TO READ: OPEN FLAME. THE USE OF OPEN FLAME IN CONNECTION WITH A PUBLIC MEETING OR GATHERING FOR THE PURPOSES 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. 321.5 PLACARDS. THIS SECTION IS AMENDED BY DELETING THIS SECTION. AMEND BY ADDING A NEW SUBSECTION 401.3.4 EXCEPT AS OTHERWISE PROVIDED HEREIN, THE OWNER OF A BUILDING CONTAINING A FIRE PROTECTION, FIRE ALARM, OR OTHER TYPES OF EMERGENCY NOTIFICATION SYSTEMS, SHALL PAY A CHARGE IN ACCORDANCE WITH THIS SECTION FOR EACH AND EVERY FALSE ALARM TO WHICH THE FIRE DEPARTMENT RESPONDS. EXCEPTIONS: 1. NO CHARGE FOR THE FIRST TWO FALSE ALARMS WITHIN A CALENDAR YEAR, 2. EACH FALSE ALARM IN EXCESS OF TWO DURING A CALENDAR YEAR WILL BE CHARGED A RESPONSE FEE OF $200.00 THE CITY SHALL BILL THE OWNER FOR FALSE ALARMS AT THE END OF EVERY SIX MONTHS. ALL FALSE ALARM CHARGES SHALL BE DEPOSITED INTO THE CITIES GENERAL FUND. AS USED BY THE SECTION, "FALSE ALARM" MEANS AN ALARM SIGNAL GENERATED BY A PRIVATELY OWNED FIRE OR EMERGENCY ALARM SYSTEM REPORTING AN ALARM FOR WHICH NO FIRE OR EMERGENCY ACTUALLY EXISTS; IT INCLUDES SYSTEM MALFUNCTIONS, FAULTY OPERATION OF DETECTORS, AND FALSE ALARMS NOT CLASSIFIED ABOVE. IT DOES NOT INCLUDE THOSE INCIDENTS WHERE THE DETECTOR OR SYSTEM OPERATED AS DESIGNED SUCH AS BUT NOT LIMITED TO, A SMOKE DETECTOR SOUNDING FROM SOMEONE SMOKING UNDER THE DETECTOR OR A MANUAL, PULL STATION BEING PULLED, New Text Underlined; [DELETED TEXT BRACKETED] Page 135 of 266 Ordinance No. 2662 -2012 Page 6 of 42 AMEND BY ADDING A NEW SUBSECTION 405.10 TO READ AS FOLLOWS: FALSE ALARMS MAY NOT COUNT AS A FIRE DRILL FOR THE PURPOSE OF THIS SECTION. AMEND TO READ: GENERAL. THE PROVISIONS OF SECTIONS 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. AMEND TO READ: BUILDINGS AND FACILITIES. THE FIRE CHIEF OF THE REGISTERED 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. 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 1,45,720 MM) 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. THE FIRST SENTENCE OF THE EXCEPTION IS REVISED TO READ: THE CHIEF OF THE REGISTERED FIRE DEPARTMENT HAVING JURISDICTION MAY INCREASE OR DECREASE THE DIMENSION OF 150 FEET (45,720 MM) WHERE: THE FIRST SENTENCE IS AMENDED TO READ: THE CHIEF OF THE REGISTERED FIRE DEPARTMENT HAVING JURISDICTION MAY REQUIRE THAT ALL NEW AND EXISTING BUILDINGS BE PROVIDED WITH APPROVED ADDRESS NUMBERS, BUILDING NUMBERS, OR New Text Underlined; (DELETED TEXT BRACKETED] Page 136 of 266 Ordinance No. 2662 -2012 Page 7 of 42 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. THE FIRST SENTENCE IS AMENDED TO READ: THE CHIEF OF THE REGISTERED FIRE DEPARTMENT HAVING JURISDICTION MAY REQUIRE STREETS AND ROADS TO BE IDENTIFIED WITH APPROVED SIGNS. 507.4 SMOKE OBSTRUCTION SYSTEMS. AMENDED BY ADDING: SMOKE OBSTRUCTION SYSTEMS ASSOCIATED WITH SECURITY OR BURGLAR ALARM SYSTEMS ARE NOT ALLOWED. +Q�- did THE FIRST SENTENCE IS AMENDED 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. l. AMEND BY ADDING A NEW SUBSECTION 508.2 TO READ AS FOLLOWS: EXCEPTION: IN AREAS NOT SERVED BY A WATER UTILITY, THE REQUIREMENTS FOR WATER SYSTEMS AS OUTLINED IN SECTIONS 508 NEED NOT BE MET, PROVIDED ALL STRUCTURES OTHER THAN R -3 AND U OCCUPANCIES ARE AT LEAST TYPE A CONSTRUCTION, OR ARE PROVIDED WITH A FIRE EXTINGUISHING SYSTEM DESIGNED IN ACCORDANCE WITH SECTION 903.3.1.1 OF THIS CODE. AMEND BY DELETING THE EXISTING PARAGRAPH AND REPLACE WITH THE FOLLOWING PARAGRAPH: WATER SUPPLIES FOR FIRE FLOW REQUIREMENTS FOR BUILDINGS OR PORTIONS OF BUILDINGS AND FACILITIES SHALL BE CALCULATED USING THE PROVISIONS OF APPENDIX CHAPTER B AND TABLE B 105.1. New Text Underlined; [DELETED TEXT BRACKETED] Page 137 of 266 Ordinance No. 2662 -2012 Page 8 of 42 AMEND BY DELETING THE REFERENCE TO THE "ICC ELECTRICAL CODE" AND REPLACING IT WITH "ELECTRICAL CODE AS ADOPTED BY KMC." THE LAST SENTENCE IS REVISED TO READ: THE STORAGE OF FUEL OIL ABOVE GROUND IN QUANTITIES EXCEEDING 660 GALLONS (2,498 L) SHALL COMPLY WITH NFPA 31 AND HAVE A MINIMUM DISTANCE TO NEAREST IMPORTANT BUILDING BY NOT LESS THAN FIVE FEET. AMEND BY DELETING THE REFERENCE TO THE "ICC ELECTRICAL CODE" AND REPLACING IT WITH "ELECTRICAL CODE AS ADOPTED BY KMC." AMEND BY THE ADDING A NEW SECTION 604.2.15.2.2 TO READ: 604.2.15.2.2 PICKUP TIME. THE EMERGENCY POWER SYSTEM MUST PICK UP ITS CONNECTED LOADS WITHIN 10 SECONDS OF FAILURE OF THE NORMAL POWER SUPPLY. AMENDED BY DELETING THE REFERENCES TO THE "ICC ELECTRICAL CODE" AND REPLACING THEM WITH "ELECTRICAL CODE AS ADOPTED BY KMC." AMEND BY ADDING A NEW SECTION 703.2.3.1 TO READ: 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 New Text Underlined; (DELETED TEXT BRACKETED) Page 138 of 266 Ordinance No. 2662 -2012 Page 9 of 42 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 714.2.7.3 OF THE I.B.C. 807.1 GENERAL REQUMEMENTS. AMEND BY ADDING: "OR TREATED BY A METHOD APPROVED BY FIRE CODE OFFICIALS" AT THE END OF FIRST PARAGRAPH, AMEND BY ADDING AN EXCEPTION AT THE END OF THIS SECTION. EXCEPTION: BUILDINGS TEMPORARILY CLOSED DUE TO SEASONAL OPERATIONS MAY HAVE THEIR FIRE SYSTEMS DEACTIVATED UNDER THE FOLLOWING CONDITIONS: 1, BUILDING IS UNOCCUPIED. 2. BUILDING IS PROPERLY SECURED. 3. ALL UTILITIES ARE DISCONNECTED AND DRAINED 4. THE FIRE SYSTEMS ARE CERTIFIED AS OPERATIONAL BEFORE THE BUILDING IS REOCCUPIED. 5. 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. 6. THE FIRE DEPARTMENT MUST BE NOTIFIED OF SUCH CLOSURE. A LETTER FROM THE INSURANCE CARRIER OR, OWNER IF SELF - INSURED, INDICATING KNOWLEDGE OF THE CLOSURE IS PROVIDED TO THE FIRE DEPARTMENT. AMEND BY ADDING A NEW SECTION TO READ AS FOLLOWS: FIRE DEPARTMENT CONNECTION DEVICES FOR BUILDING SPRINKLER SYSTEMS IN NEW AND EXISTING BUILDINGS SHALL BE IDENTIFIED BY THE INSTALLATION OF APPROVED REFLECTIVE MARKERS OR SIGNS INSTALLED ABOVE THE DEVICE IN AN UNOBSTRUCTED LOCATION AT APPROXIMATELY 7 FEET ABOVE GRADE. New Text Underlined; (DELETED. TEXT BRACKETED] ..... Page 139 of 266 Ordinance No. 2662 -2012 Page 10 of 42 AMEND BY ADDING A THIRD SENTENCE TO THE END OF THE PARAGRAPH: ALL RESULTS OF SUCH TEST MUST BE FORWARDED TO THE BUREAU OF FIRE PREVENTION WITHIN 30 DAYS. AMEND BY ADDING A SECOND PARAGRAPH TO READ: NOTWITHSTANDING OTHER CODE OR STANDARD REQUIREMENTS, FIRE PROTECTION SYSTEMS AND FIRE EXTINGUISHERS MUST BE INSPECTED, TESTED, AND SERVICED ANNUALLY. EXCEPTION: 1, 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 CHIEF. 6. AFTER SEASONAL SHUTDOWN. 901.6.2. 2 REPORTS. ADD A NEW SUBSECTION TO READ AS FOLLOWS: A COPY OF ALL SERVICE REPORTS SHALL BE SENT TO THE BUREAU OF FIRE PREVENTION WITHIN 30 DAYS, EACH SYSTEM SHALL BE TAGGED BY THE INSPECTION AGENCY, INDICATING THE DATE OF SERVICE AND WHETHER OR NOT THE SYSTEM IS IN CONFORMANCE WITH THE ASSOCIATED STANDARDS. ADD A NEW SUBSECTION TO READ AS FOLLOWS: COMPANIES INSTALLING AND /OR PERFORMING MAINTENANCE ON SPRINKLER SYSTEMS SHALL HAVE AT LEAST ONE INDIVIDUAL CERTIFIED TO A New Texe Underlined; DELETED TEXT BRACXETED1 Page 140 of 266 Ordinance No. 2662 -2012 Page I I of 42 MINIMUM OF NICET LEVEL II IN SPRINKLER SYSTEMS AS REQUIRED UNDER 13 AAC 50.035. ADD A NEW SUBSECTION TO READ AS FOLLOWS: WHEN EXPOSED TO PROBABLE VEHICULAR DAMAGE DUE TO PROXIMITY TO ALLEYS, DRIVEWAYS OR PARKING AREAS, STANDPIPES, POST INDICATOR VALVES AND SPRINKLER SYSTEM OR STANDPIPE SYSTEM, CONNECTIONS SHALL BE PROTECTED IN AN APPROVED MANNER, DELETE PARAGRAPH AND SUBSTITUTE WITH THE FOLLOWING: AN AUTOMATIC SPRINKLER SYSTEM MUST BE PROVIDED THROUGHOUT ALL GROUP E OCCUPANCIES. AN AUTOMATIC SPRINKLER SYSTEM SHALL ALSO BE PROVIDED FOR EVERY PORTION OF EDUCATIONAL BUILDINGS BELOW THE LEVEL OF EXIT DISCHARGE. THE USE OF FIRE WALLS DOES NOT ESTABLISH A SEPARATE BUILDING FOR PURPOSES OF THIS SECTION. EXCEPTIONS: 1. BUILDINGS WITH E OCCUPANCIES HAVING AN OCCUPANT LOAD OF 49 OR LESS, 2. DAY CARE USES NOT OTHERWISE REQUIRING AN AUTOMATIC SPRINKLER SYSTEM BY OTHER PROVISIONS OF THE CODE. DAY CARE USES THAT ARE LICENSED TO CARE FOR MORE THAN 5 PERSONS BETWEEN THE HOURS OF 10:00 P.M. AND 6:00 A.M. SHALL BE EQUIPPED WITH AN AUTOMATIC SPRINKLER SYSTEM DESIGNED AND INSTALLED IN ACCORDANCE WITH SECTION 903.3.1.3 OR AN APPROVED EQUIVALENT SYSTEM. THIS INCLUDES CHILDREN RELATED TO THE STAFF. 903.2.7 GROUP R. AMEND THIS SECTION BY ADDING AN EXCEPTION: BED AND BREAKFAST OCCUPANCIES WITH FIVE RENTED SLEEPING ROOMS OR LESS DO NOT REQUIRE AN AUTOMATIC SUPPRESSION SYSTEM. AMENDED TO READ: GROUP R. AN AUTOMATIC SPRINKLER SYSTEM MUST BE INSTALLED IN GROUP R OCCUPANCIES AS REQUIRED IN SECTIONS 903.2.7.1 THROUGH 903.2.7.3. -- New Text Underlined; [DELETED TEXT BRACKETED] ..... Page 141 of 266 Ordinance No. 2662.2012 Page 1.2 of 42 903.2.7.1 GROUP R -1. ADD NEW SUBSECTION TO READ AS FOLLOWS: 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 -1 FIRE AREA. ADD NEW SUBSECTION TO READ AS FOLLOWS: AN AUTOMATIC SPRINKLER SYSTEM OR A RESIDENTIAL SPRINKLER SYSTEM INSTALLED IN ACCORDANCE WITH SECTION 903.3.1.2 SHALL BE PROVIDED THROUGHOUT ALL BUILDINGS WITH A GROUP R -2 FIRE AREA THAT ARE MORE THAN TWO STORIES IN HEIGHT, INCLUDING BASEMENT, OR HAVE MORE THAN SIXTEEN DWELLING UNITS OR SLEEPING UNITS. 903.2.7.3 GROUP R-4. ADD NEW SUBSECTION TO READ AS FOLLOWS: AN AUTOMATIC SPRINKLER SYSTEM OR A RESIDENTIAL SPRINKLER SYSTEM INSTALLED IN ACCORDANCE WITH SECTION 903.3.1.2 SHALL BE PROVIDED THROUGHOUT ALL BUILDINGS WITH A GROUP R -4 FIRE AREA. AMENDED BY ADDING A NEW SECTION 903.3.1.1.2 TO READ: WHEN THE PROVISIONS OF THIS CODE REQUIRE THE INSTALLATION OF AUTOMATIC SPRINKLER SYSTEMS, THE INSTALLATION IN ELEVATOR HOISTWAYS AND MACHINE ROOMS MUST OCCUR AS DESCRIBED IN N.F.P.A. 13 -2007. (ELEVATOR HOISTWAYS 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 REFERENCE. 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; New Text Underlined; @ELETED TEXT BRACKETED] Page 142 of 266 Ordinance No. 2662 -2012 Page 13 of 42 (2) SMOKE DETECTION IS PROVIDED IN ACCORDANCE WITH N.F.P.A.72- 2007 AND ADOPTED BY REFERENCE; AND (3) NOTIFICATION OF ALARM ACTIVATION IS RECEIVED AT A CONSTANTLY MONITORED LOCATION, 903.3.5 WATER SUPPLIES. AMEND BY DELETING THE REFERENCE TO THE "INTERNATIONAL PLUMBING CODE" AND REPLACING IT WITH "PLUMBING CODE AS ADOPTED BY KMC." ADD NEW SUBSECTION TO READ AS FOLLOWS: AN APPROVED AUTOMATIC FIRE EXTINGUISHING SYSTEM MUST BE INSTALLED IN E OCCUPANCIES IN ACCORDANCE WITH SECTION 903.2.2 WHENEVER ALTERATIONS OR ADDITIONS ARE MADE TO AN EXISTING STRUCTURE CONTAINING E OCCUPANCY. .i, AMEND BY DELETING THE REFERENCE TO THE "ICC ELECTRICAL CODE" AND REPLACING IT WITH "ELECTRICAL CODE AS ADOPTED BY KMC." 906.1 WHERE REQUIRED. AMEND BY DELETING THE EXCEPTION IN NUMBER 1. 907.1.1 CONSTRUCTION DOCUMENTS. AMEND BY ADDING A NEW ITEM TO READ AS FOLLOWS: 12. SYST EM RISER DIAGRAM. 907.2.3 GROUP E. AMEND THIS SECTION BY ADDING A SECOND PARAGRAPH TO READ AS FOLLOWS: ROOMS USED FOR SLEEPING OR NAPPING PURPOSES WITHIN A DAY CARE USE OF GROUP E OCCUPANCIES MUST BE PROVIDED WITH SMOKE DETECTORS THAT COMPLY WITH SECTION 907.2.10.1.2. AMEND BY DELETING EXCEPTION 1. New Text Underlined; (DELETED TEXT BRACKETED] Page 143 of 266 Ordinance No. 2662 -2012 Page 14 of 42 AMEND 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 907.2.10.1. AMEND BY DELETING THE EXCEPTION. 907.17 ACCEPTANCE TEST. AMEND THIS SECTION BY ADDING A SECOND PARAGRAPH TO READ AS FOLLOWS: A KENAI CODE OFFICIAL MUST WITNESS THE ACCEPTANCE TEST, AND A COPY OF THE ACCEPTANCE TEST CERTIFICATE MUST BE FORWARDED TO THE BUREAU OF FIRE PREVENTION BY THE FIRM CONDUCTING THE TEST WITHIN 30 DAYS OF THE COMPLETION OF THE INSTALLATION. ADD A NEW SUBSECTION TO READ AS FOLLOWS CARBON MONOXIDE DETECTORS SHALL BE INSTALLED ON EACH FLOOR LEVEL OF GROUP I -1, I -2 AND R OCCUPANCIES. WHERE THERE ARE SLEEPING ROOMS ON A FLOOR, THE DETECTOR SHALL BE PLACED OUTSIDE THE SLEEPING ROOMS. THE ALARM SHALL BE CLEARLY AUDIBLE IN ALL BEDROOMS OVER BACKGROUND NOISE LEVELS WITH ALL INTERVENING DOORS CLOSED. ALL CARBON MONOXIDE DETECTORS SHALL BE LISTED AND INSTALLED IN ACCORDANCE WITH THE PROVISIONS OF THIS CODE. EXCEPTION: CARBON MONOXIDE DETECTORS AND ALARMS ARE NOT REQUIRED IN DWELLING UNITS AND STRUCTURES THAT HAVE NO COMBUSTION APPLIANCES, ATTACHED GARAGES, OTHER VEHICLE PARKING WITHIN 25 FEET OF ANY DIRECT OPENING, OR HAVE ONLY DIRECT VENT COMBUSTION APPLIANCES. IN NEW CONSTRUCTION, ALL CARBON MONOXIDE DETECTORS AND ALARMS LOCATED WITHIN A SINGLE DWELLING UNIT SHALL BE INTERCONNECTED IN SUCH A MANNER THAT ACTUATION OF ONE ALARM SHALL ACTIVATE ALL OF THE ALARMS WITHIN THE INDIVIDUAL DWELLING UNIT. 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 New Text Underlined: [DET ETED TEXT BRACKETEDI Page 144 of 266 Ordinance No. 2662 -2012 Page 15 of 42 WITH A BATTERY BACKUP. WIRING SHALL BE PERMANENT AND WITHOUT A DISCONNECTING SWITCH OTHER THAN WHAT IS REQUIRED FOR OVERCURRENT PROTECTION. IN EXISTING CONSTRUCTION, CARBON MONOXIDE DETECTORS AND ALARMS MAY BE POWERED BY BATTERY OR A CORD -AND -PLUG WITH BATTERY BACKUP. CARBON MONOXIDE DETECTORS SHALL HAVE AN ALARM AND BE INSTALLED AND MAINTAINED ACCORDING TO MANUFACTURER'S INSTRUCTIONS. THE LANDLORD SHALL PROVIDE SMOKE AND CARBON MONOXIDE DETECTION DEVICES. IT IS THE RESPONSIBILITY OF THE TENANT TO MAINTAIN THE DEVICES. AMEND BY ADDING A NEW SENTENCE TO READ: A COPY OF THE ACCEPTANCE TEST CERTIFICATE MUST BE FORWARDED TO THE FIRE MARSHAL HAVING AUTHORITY BY THE FIRM CONDUCTING THE TEST WITHIN 30 DAYS OF THE COMPLETION OF THE INSTALLATION. ' • 95F m . AMEND BY DELETING EXCEPTION 2. AMEND BY DELETING THE REFERENCE TO THE "INTERNATIONAL PLUMBING CODE" AND REPLACING IT WITH "PLUMBING CODE AS ADOPTED BY KMC." 1009.1 STAIRWAYS. ADD THE FOLLOWING EXCEPTION: 5. STAIRS OR LADDERS USED ONLY TO ATTEND EQUIPMENT ARE EXEMPT FROM THE REQUIREMENTS OF THIS SECTION. AMEND THE FOLLOWING SECTION BY ADDING AN EXCEPTION TO READ: BASEMENTS OR THE FIRST LEVEL BELOW THE FIRST STORY IN ALL OCCUPANCIES EXCEPT R -3, USED EXCLUSIVELY FOR THE SERVICE OF THE BUILDING MAY HAVE ACCESS TO ONLY ONE EXIT. ANY OTHER USE OF THE BASEMENT OR FIRST LEVEL BELOW THE FIRST STORY MUST HAVE AT LEAST TWO EXITS ARRANGED AS DESCRIBED IN SECTION 1015.2. FOR THE PURPOSES OF THIS EXCEPTION, STORAGE ROOMS, LAUNDRY ROOMS, MAINTENANCE New Text Underlined; IDELETED, TEXT BRACKETED] Page 145 of 266 Ordinance No. 2662 -2012 Page 16 of 42 OFFICES AND SIMILAR USES MAY NOT BE CONSIDERED AS PROVIDING SERVICE TO THE BUILDING. 1009.5,2 OUTDOOR CONDITIONS. AMEND BY ADDING ", SNOW OR ICE" AFTER °RTATER." � t • s•� AMEND BY ADDING ", SNOW OR ICE" AFTER "WATER." AMEND BY DELETING EXCEPTIONS 1, 2, 3, 4 AND 7. AMEND BY DELETING THE EXCEPTION UNDER PARAGRAPH 1. r: s^ • AMEND BY ADDING TO THE END OF THIS SECTION: AND N.F.P.A. 409, 2004 EDITION. AMEND THE LAST SENTENCE TO READ: AIRCRAFT MOTOR VEHICLE FUEL- DISPENSING STATIONS SHALL BE IN ACCORDANCE WITH CHAPTER 22, AND N.F.P.A. 407, 200'7 EDITION, 1105 PORTABLE FIRE EXTINGUISHERS. AMEND BY DELETING SECTION 1105.8 AMEND BY ADDING TO THE END OF THIS SECTION: AND N.F.P.A 407. 2007 EDITION. 06.3 CONSTRUCTION OF AMCRAFT-PUELING VEHICLES AND ACCESSORIES. AMEND BY ADDING AN EXCEPTION AT THE END OF THIS SECTION. New Test Underlined; [DELETE,i? Page 146 of 266 Ordinance No. 2662 -2012 Page 17 of 42 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: I. THE TANK. IS PLACARDED WITH NO SMOKING SIGNS, TYPE OF FUEL CONTAINED IN THE TANK AND THE TANK CAPACITY; 2. THE TANK AND ALL APPURTENANCES USED IN THE FUELING OPERATION ARE LISTED AND APPROVED FOR THE SPECIFIC PURPOSES; AND 3. ELECTRICAf BONDING IS PROVIDED AS REQUIRED UNDER SECTION 1106.3.7. AMEND BY DELETING THE REFERENCE TO THE "FCC ELECTRICAL CODE" AND REPLACING IT WITH "ELECTRICAL CODE AS ADOPTED BY KMC." AMEND BY DELETING THE REFERENCE TO THE "ICC ELECTRICAL CODE" AND REPLACING IT WITH "ELECTRICAL CODE AS ADOPTED BY KMC." AMEND BY DELETING THE REFERENCE TO THE "ICC ELECTRICAL CODE" AND REPLACING IT WITH "ELECTRICAL CODE AS ADOPTED BY KMC." AMEND BY DELETING THE REFERENCE TO THE "ICC ELECTRICAL CODE" AND REPLACING IT WITH "ELECTRICAL CODE AS ADOPTED BY KMC." AMEND BY DELETING THE REFERENCE TO THE "ICC ELECTRICAL CODE" AND REPLACING IT WITH "ELECTRICAL CODE AS ADOPTED BY KMC." AMEND BY DELETING THE REFERENCE TO THE "ICC ELECTRICAL CODE" AND REPLACING IT WITH "ELECTRICAL CODE AS ADOPTED BY KMC." KWO&3f0044 s lfijy�► AMEND BY DELETING THE REFERENCE TO THE "ICC ELECTRICAL CODE" AND REPLACING IT WITH "ELECTRICAL CODE AS ADOPTED BY KMC." New Text Underlined; IDELETMTEXTBRACKETEDj„ - - -- - Page 147 of 266 Ordinance No, 2662 -2012 Page 18 of 42 AMEND BY DELETING THE REFERENCE TO THE "ICC ELECTRICAL CODE" AND REPLACING IT WITH "ELECTRICAL CODE AS ADOPTED BY KMC." AMEND BY DELETING THE REFERENCE TO THE "ICC ELECTRICAL CODE" AND REPLACING IT WITH "ELECTRICAL CODE AS ADOPTED BY KMC." rr it 1" �� AMEND BY DELETING THE REFERENCE TO THE "ICC ELECTRICAL CODE" AND REPLACING IT WITH "ELECTRICAL CODE AS ADOPTED BY KMC." CHAPTER 22 MOTOR 3 EL DISPENSING AMEND BY DELETING THE REFERENCE TO THE "ICC ELECTRICAL CODE" AND REPLACING IT WITH "ELECTRICAL CODE AS ADOPTED BY KMC." AMEND BY ADDING AN ITEM FIVE (5) AT THE END OF THIS SECTION. 5. APPROVED ABOVE GROUND ATMOSPHERIC TANKS MAY BE USED WITHOUT A SPECIAL ENCLOSURE OR FIRE RATING IF THE FOLLOWING CRITERIA ARE MET: A. TANKS MUST BE LOCATED AS REQUIRED FOR "OTHER TANKS" BY TABLE 2206.2.3; AND, 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 SIDES OF THE ENCLOSURE, EACH GATE MUST BE AT LEAST AT LEAST 36 INCHES WIDE. THERE MUST BE A MINIMUM WORKING DISTANCE OF FIVE FEET BETWEEN THE TANK AND THE FENCE. AMEND BY ADDING AN EXCEPTION TO READ: EXCEPTION: A LEAK DETECTION DEVICE IS NOT REQUIRED IF THE UNDERGROUND PIPING IS AN EXTRA -HEAVY STEEL WALL WITH ALL WELDED JOINTS, DIELECTRIC COATING, AND CATHODIC PROTECTION. New Text Underlined; ID=TED TEXT, BRACKETED] .... . Page 148 of 266 Ordinance No. 2662 -2012 Page 19 of 42 zmt s� AMEND BY DELETING THE REFERENCE TO THE "ICC ELECTRICAL CODE" AND REPLACING IT WITH "ELECTRICAL CODE AS ADOPTED BY KMC. AMEND BY DELETING THE REFERENCE TO THE "ICC ELECTRICAL CODE" AND REPLACING IT WITH "ELECTRICAL CODE AS ADOPTED BY KMC. AMEND BY DELETING THE REFERENCES TO THE "ICC ELECTRICAL CODE" AND REPLACING THEM WITH "ELECTRICAL CODE AS ADOPTED BY KMC." AMENDED 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 AN APPROVED FACILITY CLOSURE PLAN IN ACCORDANCE WITH SECTION 2701.6.3. THE FIRE CHIEF MAY REQUIRE THE SUBMISSION OF THE HAZARDOUS MATERIALS MANAGEMENT PLAN AND HAZARDOUS MATERIALS INVENTORY STATEMENT INDICATED IN SECTIONS 2701.5.1 AND 2701.5.2. AMEND BY DELETING THE REFERENCE TO THE "INTERNATIONAL PLUMBING CODE" AND REPLACING IT WITH "PLUMBING CODE AS ADOPTED BY KMC. ss s AMEND BY DELETING THE REFERENCES TO THE "ICC ELECTRICAL CODE" AND REPLACING THEM WITH "ELECTRICAL CODE AS ADOPTED BY KMC. New Text U ; (DELETED TEXT BR CKETED) Page 149 of 266 Ordinance No, 2662 -2012 Page 20 of 42 AMEND BY DELETING THE REFERENCES TO THE "ICC ELECTRICAL CODE" AND REPLACING THEM WITH "ELECTRICAL CODE AS ADOPTED BY KMC," AMEND BY DELETING THE REFERENCES TO THE "ICC ELECTRICAL CODE" AND REPLACING THEM WITH "ELECTRICAL CODE AS ADOPTED BY KMC." AMEND BY DELETING THIS SECTION, AMEND BY ADDING A NEW SECTION 35013 TO READ: o- WHERE A SINGLE CONTAINER IS OVER 500 - GALLON (1,892.7 L) WATER CAPACITY OR THE AGGREGATE CAPACITY OF CONTAINERS IS OVER 500- GALLON (1,8927 L) WATER CAPACITY, THE INSTALLER SHALL SUBMIT PLANS FOR REVIEW BY THE FIRE MARSHAL BEFORE INSTALLATION. AMEND BY DELETING THE REFERENCES TO THE "ICC ELECTRICAL CODE" AND REPLACING THEM WITH "ELECTRICAL CODE AS ADOPTED BY KMC." AMEND BY DELETING THE REFERENCE TO THE "!CC ELECTRICAL CODE" AND REPLACING IT WITH "ELECTRICAL CODE AS ADOPTED BY KMC." • REVISED BY CHANGING THE REFERENCED STANDARDS FROM THE PUBLICATION DATE LISTED TO THE LATEST PUBLISHED EDITION AS FOLLOWS: NATIONAL FIRE PROTECTION ASSOCIATION NFPA 10 -2007, 11 -2005, 12 -2008, 12A -2004, 13 -2007, 13D -2007, 13E -2005, 13R -2007, 14 -2007, 15 -2007, 16 -2007, 17 -2002, 17A -2002, 20 -2007, 22 -2003, 24- 2007, 25 -2008, 30 -2008, 30A -2008, 30B -2007, 31 -2006, 32 -2007, 33 -2007, 34 -2007, 35 -2005, 40 -2007, 51 -2007, 51A -2006, 51B -2003, 52 -2006, 58 -2008, 59 -2004, 59A- 2006, 61 -2008, 69 -2008, 70 -2008, 72 -2007, 80 -2007, 85 -2007, 86 -2007, 96 -2008, New Test Underlined,; (DELETED TEXT BRACKETED] Page 150 of 266 Ordinance No, 2662 -2012 Page 21 of 42 99 -2005, 101 -2006, 110 -2005, 111 -2005, 160 -2006, 211 -2006, 221 -2006, 230 -2003, 232 -2007, 241 -2004, 252 -2008, 260 -2003, 261 -2003, 265 -2007, 286 -2006, 291- 2007, 385 -2007, 407 -2007, 409 -2004, 410 -2004, 415 -2008, 430 -2004, 490 -2002, 495 -2006, 498 -2006, 505 -2006, 655 -2007, 664 -2002, 701 -2004, 703 -2006, 704- 2007, 720 -2005, 750 -2006, 1122 -2008, 1123 -2006, 1124 -2006, 1125 -2007, 1126- 2006, 1127 -2008, 2001- 2008.] adopted by reference with the following revisions: Delete the following subsections: 308.4.1, 315.1. 601.2 901.3. 1101.3 1201.2 1301.2 1501.2. 1601.2 1701 1801.5 1901.2 2001.2 2101.2, 2201.2 2301.2 2403 .4, 2501.2 2601.2 2701.5 2801.2. 2901.3 3001.2 3101.2, 32012, 3301.2 3401.4 35012 36012 3701.2 3801.2, 3901.2. 4001.2 4101.2 4201.2 4301.2 and 4401.2 Amend by deleting all references to the "1CC Electrical Code" and replacing them with "Electrical Code as adopted by KMC." Amend by deleting all references to the "NFPA 70" and replacing them with "Electrical Code as adopted by KMC." 108 Board of Appeals. Delete the entire section. Refer to KMC Chapter 4.40, 109.3 Violation Penalties. Delete the entire section. Refer to KMC Chapter 4.40. 111.4 Failure to Comply. Delete and replace with: Anv person who shall continue anv work after having been served with a stop Each and every day shall constitute a separate violation. 202 General Definitions. _.. _ New Teat. Underlined; [DELETED TEXT BRACKETED] Page 151 of 266 Ordinance No. 2662 -2012 Page 22 of 42 Delete OCCUPANCY CLASSIFICATION IBl Educational Group E and replace with: Add the following Exception: Exception: Amend OCCUPANCY CLASSIFICATION [Bt Institutional Group I -1 by adding a paragraph between the first and second paragraphs of the definition to read; Code, Section 405. Further amend OCCUPANCY CLASSIFICATION. (Bj Institutional Group I -1 by amending the first sentence of the last paragraph to read: A facility such as one described above with five or fewer persons including persons related to the staff, shall be classified as Grouo R -3. 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. the staff shall be classified as Group I -2. Amend OCCUPANCY CLASSIFICATION [B] Institutional Group I [B] Group I -4 day care facilities, by revising the second sentence to read: New Tex* Underlined; [DELETED TEXT BRACKETED] Page 152 of 266 Ordinance No. 2662 -2012 Page 23 of 42 International Fire Code Section 405.11. 307.2 Permit Required. Delete and replace with: upon which the fire is to be kindled before kindling such fire i> a, Delete and replace with: Open Flame. The use of open flame in connection with a public meeting or gathering for the ur oses of deliberation worshi entertainment amusement fire department having jurisdiction. 401.3.4 False Alarm Charges. Add a new subsection 401.3.4 to read: 401.3.4 False Alarm Charges. Except as otherwise provided herein the owner of a building containing a fire protection, fire alarm, or other types of emergency Exceptions: 1. No charye for the first two false alarms within a calendar vear. The City shall bill the owner for false alarms at the end of every six months New Text Underlined; [DELETED TEXT BRACKETED] Page 153 of 266 Ordinance No. 2662 -2012 Page 24 of 42 All false alarm charges shall be deposited into the city's general fund. detector sounding from someone smoking under the detector or a manual null station being pERed. Add a new subsection 405.10 to read: 405.10 False Alarms. False alarms may not count as afire drill for the pua,pose of section 405 Emergency Evacuation Drills. The provisions of this section apply to all Groups I -1 and R -4 occupancies where the occupants need physical assistance from staff or others to respond to emergencies. 4015.11.2 Def`mitionS. 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: New Text, Underlined;, f DELETED. MT BRACKETED] Page 154 of 266 Ordinance No. 2662 -2012 Page 25 of 42 and Social Services responsible for licensin . the facility. Changes to the evacuation 405.11.4 Evacuation Capability and Fire Protection Reguiremaents. Fire protection requirements of a. facility under this section are as follows 405.11.4.1 Prompt ouatiom Capability Evacuation capability of three minutes or less indicates prompt evacuation 405.11.4.2 Slow Leracsaation Capability. N.F.P.A. 13R (Sprinkler Systems); either W to the exterior at, rade level, to an exterior porch or landing via a 3 foot 6 inch wide door: or (ii) if the sleeping rooms are separated from the rest of the building by smoke partitions installed in accordance with I.B.C. Section 710 by egress windows conforming to the provisions of Section 1026. Delete and replace with: General. The provisions of Sections 407.2 through 407.7 shall be applicable in the discretion of the chief of the registered fire department that has iurisdiction where hazardous materials are located on the premises. New Text. Underlined; (DELETED TEXT BRAGIMTED] Page 155 of 266 Ordinance No. 2662 -2012 Page 26 of 42 408.3 Groiug E and I and, 00mancies and Group R-2 ;. Amend by adding a new subsection 408.3.5 to read: 408.3.5 False Alarms. False alarms may not be counted as a fire drill for the nurnoses of this section 503.1.1 Buildings and Faeitities Amend as follows: Buildings and Facfl 4—es The fire chief of the registered department hav fig _ -- -- -- , section as determined by the chief of that jurisdiction and be required to extend within T crt f__a t,I", ._ _. i r .. .. _ ._. route around the exterior of the building or facility. Amend Further by replacing the first sentence of the listed exceptions to read: The chief (or their designee) of the registered fire department haying jurisdiction may increase or decrease the dimension of 150 feet (45,720 mm) cohere _ -C Amend the first sentence and insert a new second sentence to read: from the street or road fronting the property or on the street pr road if the building Identification Is not visible from the street or road identification must be a minimum the street. rLg + the building." a ,, New Text Undexhned;.PELL= TEXT BRAC$ETEL)] Page 156 of 266 Ordinance No. 2662 -2012 Page 27 of 42 Amend by adding the phrase "depositing of snow within three (3) feet of a hydrant" to the end of the first sentence. Add a new subsection 703.2.3.1 to read: 714.4.7.2 of the I.B.C. Amend by adding an exception at the end of this subsection to read: Exception: Buildings temporarily closed due to seasonal operations may have their fire s sy tems deactivated under the following conditions: 1. Building is unoccupied. 2. Building is properly secured. 3. All utilities are disconnected and drained. 4. The fire systems are certified as operational before the building is reoccupied. 5. A 24 -hour a day fire watch as defined in Section 202 is provided during the interim between when utilities are reactivated and the fare systems are certified as operational. 6. The fire department must be notified of such closure. 7. A letter from the insurance carrier or, owner if self - insured, indicating knowledge of the closure is provided to the fire department. 901.4.5 Marldng of Fire Protection Equipment. Add a new subsection 901.4.5 to read: by the installation of signs installed above the device in an unobstructed location at New Text Underlined ;.(DELETED,, TEXT BRACKETED] _. Page 157 of 266 Ordinance No. 2662 -2012 Page 28 of 42 approximately 7 feet above grade. FDC signs shall be a minimum of S x 12 inches in size and highly visible with contrasting colors 961.5 Installation Acceptance Testing, Amend by adding a third sentence to the end of the paragraph to read: All results of such test must be forwarded to the Kenai Fire Marshal -within 30 days. 9 01.6 Iscseaection, Testing and Maintenance Amend by adding a new second paragraph to read: Superseding other code or standard requirements fire protection systems and fire extinguishers must be inspected tested and serviced as follows 1. AnnugRy except Standpipe systems must be inspected, tested, and serviced every five vears, 2. After any use or activation. 3�, Any time damage is found. 4 After repair or alteration. 5. When required by the chief. 6. After seasonal shutdown. 961.6.2.2 Reports. Add a new subsection 901.6.2.2 to read: the assoetarea stanoaras. 961.7 SVstems Out of Service. Delete the first sentence and replace with: Where a required fire protection sustem is out of service for more than eight .. New Text Underlined; [DELETED TEXT BRACKETED] •, Page 158 of 266 Ordinance No. 2662 -2012 Page 29 of 4.2 provided for all occupants left unprotected by the shutdown until the fire protection system has been returned to service. Add a new subsection 90 1. 10 to read: 901.10 Damage protection. When exposed to probable vehicular damage due to manner. 983.2.3 Groug A. Delete and replace with: are licensed to care for more than 5 persons between the hours of 10:00 p.m and 6:00 Exception: 1. Buildings with E occupancies having an occuzDent load of 49 or less 903.2.9 Group R. Delete and replace with: Group R. An automatic sprinkler system must be installed in Group R occupancies as required in Sections 903.2.8.1 through 903.2.8.2. Exception: All R -3s and Bed and breakfast occupancies with five rented sleeping rooms or less do not require an automatic suppression system. . r Add a new subsection 903.2.8.1 to read: building and utilize a 13R. _... _.. New Text Underlined; (DELETED TEXT BRACKETED] Page 159 of 266 Ordinance No. 2662 -2012 Page 30 of 42 a Add new subsection 903.2.8.2 to read: 903.2.8.2 Groin R -2. An automatic sprinkler system or a residential srinlder system installed in accordance with Section 903.3.1.2 shall be provided throughout all buildings with a Group R -2 fire area that are more than two stories in height, including basement or have more than 4 dwelling units or 16 sleeping rooms. NMITTMW ", CE Add a new subsection 903.3.1.1.2 to read: 903.3.1.1.2 Elevator hoistways and machine rooms. When the provisions of this code require the installation of automatic sprinkler systems, the installation in elevator hoistways and machine rooms must occur as described in N.F.P.A. 13, (Elevator Hoistways and Machine Rooms) and adopted by reference and the American Societv for Mechanical Engineers fA.S.M.E.) A17.1 Safety Code for Elevators and Escalators and adopted by reference. 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 one 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 N.F.P.A.72 and adapted by reference: and (3) Notification of alarm activation is received at a eonstantty monitored location. (41 Fire extinguisher is provided in the elevator machine room. 303.3.1.1.3 Inspectors `rest Valve. Add a new subsection 903.3.1.1.3 to read: 903.3.1.1.3 Inspectors test valve. A test valve will be installed at the far end of the remote area in wet systems to equal the required flow of one sprinkler head. In locations that use floor control valves the inspector test valve may be co- located. Appropriate drainage shat be provided. •� .. �a, r TV New Text Underlined; [DELETED TEXT BRACKETED] Page 160 of 266 Ordinance No. 2662 -2012 Page 31 of 42 Add new subsection 903.6.3 to read: 903.6.3 Alterations and additions to E occupancies. An approved automatic fire suppression system must be 'installed in E Occupancies in accordance with Section 903.2.3 whenever alterations or additions are made to an existing structure containing E Occupancy. 906.1 Where Required. Amend by deleting the exception from number 1. 90", 14.2 Construction Documents. Amend by adding new items to the list to read: 14. System riser diagram. 15. Fire system designer stamp, signature and date. 907.2.1 Group A. Delete the exception and replace with: Exception: A manual fire alarm system shall be installed in Group A -2 occupancies with an occupant load of 100 or more. 907.2.2 Group B. Amend by deleting the exception. 907.2.3 Group E. Amend by adding a second paragraph to read: Rooms used for sleeping or napping purposes within a day care use of Group E Occupancies must be provided with smoke detectors that comply with Section 907.2.11.2 and by deleting exception 3. 907.2.4 Group F. Amend by deleting the exception. 907.2.6.1 Group € -1. Amend bv deleting exception 1. 907.2.7 Group M. ,.. New Text Underlined; [DELETED TEXT BRACKETED] Page 161 of 266 Ordinance No. 2662 -2012 Page 32 of 42 Amend by deleting exception 2. 907.2.8.1 UALnual Fire Ajarm System. Amend by deleting exception 2. 9€17.2.9.1 Manual Fire Alarm System. Amend by deleting exception 2. 907.2.10.1 Manual Fire Alarm System. Amend by deleting exception 2. 907.2.11 Single- and Multi- Station Smoke Alarms. Amend by adding a second paragraph to read: When alterations, repairs or additions requiring a permit are made to an existing Group R occupancy, smoke alarms must be installed as described in Section 907.2.11. 907.8 Acceptance Test and Completion. Amend by adding a second paragraph to read: A Kenai Code Official must witness the acceptance test and a copy of the acceptance test certificate must be forwarded to the Kenai Fire Marshal by the firm conducting the test within 30 days of the completion of the installation. 908.7 Carbon Monwdde Detectors. Add a new subsection 908.7 to read: 908.7 Carbon monoxide detectors. Carbon monoxide detectors shall be installed closed. All carbon monoxide detectors shall be listed and installed in accordance with the provisions of this code. Exception: Carbon monoxide detectors and alarms are not required in dwelling units and structures that have no combustion appliances, attached garages other vehicle parking within 25 feet of any direct opening or have only direct vent combustion appliances. New Test Underlin ; [DELETED TEXT BRACKETEpj.,,._: Page 162 of 266 Ordinance No. 2662 -2012 Page 33 of 42 In new construction all carbon monox de detectors and alarms located within a singlc dwelling unit shall be interconnected in such a manner that actuation of one alarm shall activate all of the alarms within the individual dwelling unit. 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. In existing construction, carbon monoxide detectors and alarms may be powered by battery or a cord - and -plug with battery backup. Carbon Monoxide detectors shall have an alarm and be installed and maintained according to manufacturer's instructions. The landlord shall provide smoke and carbon monoxide detection devices. It is the responsibility of the tenant to maintain the devices. Add a new subsection 908.8 to read: 908.8 Power source. In new construction, the required carbon monoxide detectors shall receive their primary power from the building wiring system, and when primary power is interrupted, shall receive power from a battery. Wiring shall be permanent and without a disconnecting switch other than those reouired for over current protection. Carbon monoxide detectors shall be permitted to be electrical outlet tune with battery back up when installed in existing buildings that undergo alterations, repairs, or additions that do not result in the removal of the interior wall or ceiling finishes exposing the structure. 908.8.1 Interconnection. Add anew subsection 908.8. Ito read: 908.8.1 Interconnection. In new construction all carbon monoxide detectors and alarms located within a single dwelling unit shall be interconnected in such a manner that actuation of one alarm shall activate all of the alarms within the individual dwelling unit. .n. Amend by adding a new sentence to read: A copy of the acceptance test certificate must be forwarded to the fire marshal having authority by the firm conducting the test within 30 days of the completion of the installation. 910.1 General. New Text Underlined; [DELrTED. TEXT BRACKETED] Page 163 of 266 Ordinance No. 2662 -2012 Page 34 of 42 Amend by deleting exeelstion 2. Delete and replace with: The fire department connections shall be located fully visible and recognizable from the main or front entrance to the building. 1007.3 Stairways. Amend by deleting exceptions 1 -7. 1009.1 Stairways. Amend by adding a new exception to read: 5. Stairs or ladders used only to attend equipment are exempt from the requirements of this section. 1009.6.2 Outdoor Conditions. Amend by adding the phrase "snow or ice" after the word "water," 1010.7.2 Outdoor Conditions. Amend. by adding the phrase "snow or ice" after the word "water." Table 1015.1 Corridor Fire - Resistance Elating. Amend by adding a note (d) to read: (d) R -2 occupancies shall be permitted to have a one -hour rated corridor. Further, amend by adding a reference to the new note (d) at R under the "Occupancy" column on the left of the table and also next to "not permitted" in the "Without Sprinkler System° colurrn. 1019.1 General. Amend by adding a new sentence at the end of the section to read: Exterior exit balconies shall be designed to minimize accumulation of snow or ice that impedes the means of egress. 1021.2 Single Exits. New Text Underlined; (DELETED TEXT BRACKETEDj,_..... Page 164 of 266 Ordinance No. 2662 -2012 Page 35 of 42 Amend by adding a second paragraph to read: Basements or the first level belour 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 first level below the first story must have at least two exits arranged in accordance with Section 1015.2. For purposes of this exception, storage rooms, laundry rooms, maintenance offices, and similar uses may not be considered as providing service to the building. 1029,1 General. Amend by deleting exceptions 1, 21 31 4, and 7. 1102.1 Definitions. Amend by deleting the phrase "with an overall length greater than 39 feet (11,887 mml and an overall exterior fuselage width greater than 6.6 feet (2,0 12 mm)" in the first sentence of the definition of "Airport." 1103.5 Disgensing of Flammable and Combustible Liquids, Delete the last sentence and replace with: Aircraft motor vehicle fuel - dispensing stations shall be in accordance with Chapter 22. and N.F.P.A. 407. 1105.8 Reporting Erse. Delete subsection 1105.8. 1106.3 Construction of Aircraft - Fueling Vehicles and Accessories. Amend by adding an exception at the end of this subsection 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: 1. The tank is placarded with no smoking signs, type of fuel contained in the tank and the tank capacity; 2. The tank and all appurtenances used in the fueling operation are listed and approved for the specific purposes; and, 3. Electrical bonding is provided as required under Section 1106.3.7. 2206.2.3 above Ground Tanks Located Outside, Above Grade. New Text Underlined; JDF ,FrFD, _TFXT SRAC]�ETED) Page 165 of 266 Ordinance No. 2662 -2012 Page 36 of 42 Amend by adding a new item 5 to read: 5. Approved above ground atmospheric tanks may be used without a special enclosure or fire rating if the following criteria are met: a. Tanks must be located as required for "other tanks" by Table 2206 2 3 and, b Tanks must be enclosed by a six -foot high industrial type chain link "Lli-mArAulm, Amend by adding an exception to read: Exception• A leak detection device is not required if the underzround piping is an extra -heave steel wall with all welded joints, dielectric coating, and cathodic protection. ff= 9=MMIM Amend by adding a sentence at the end of the first paragraph to read: Where oil separators or tra sure provided, neither the ail nor water phase may drain to a septic system d well or other means of underground discharge Table 2306.2 General Fire Protection and Life Safety Requirements. Fire Extinguishing System" from "not required" to "Yes." Far ? +S�'�abT»�iti'lTl+il Delete and replace with: 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 an New Text Underlined; [DELETED. TEXT BRACKETED) Page 166 of 266 Ordinance No. 2662 -2012 Page 37 of 42 Delete this chapter..__ Refer_ to_KMC chanter 8.20. Fireworks Control 3404.3.5.1 Basement Storage. Delete this subsection. 3501.3 Plan review. Add anew subsection 3501.3 to read: installation. Chapter 47 REFERENCED STANDARDS. Change the referenced National Fire Protection Association (NFPA) standards 11 -10 Low- Medmm- and Hieh- exmmsion Foam ......... ........ 904.7 3464.2.9 2 2 1212 =11 Carlwn Dioxide Extinsuig_ _ Sy,4ems .............. T bl° 901 6 i 904 A 904.1 16-11 in tallatlon of F m- at ' Sminklu ami Fo - aler S» Svstem _904 ? 904 I I 140-21.9 —3404.2. -3404.2.9.4.3405 2.9.6.1.1.3404,1.9.6.1.2,3404.2.9.6.1.3, 3404,19.6.14, 3404.2.9,6.1,5, 3404-2.9.6.213404.2.9.7,4 34042.10.2. 34042 I] 4. 51 A -12 Acetylene Cvlmder Chargam Plants. 2608 1 New Text Underlined; [DELETED: TEXT BRACKETED.) Page 167 of 266 Ordinance No. 2662 -2012 Page 38 of 42 2404.159.2 4 2703' s 3603 7 5 3003X 3003,16.11, 3003 1C 14 101 -12 Life Safety Code...... ;_ .. .... ............ .... ....... .....1028. "2 105 -19 Installation of Smoke Dog jsss mblies and O@ie Onen R Prm fives 70' I� 3307-1, 3307.9. 3307 11 3307.15 2'03.2-2.2,2703_5-27W 10.2,2705AA0 27052.1.1 2705.4.;.3263.4.1.3404232 FI01.1 PLOT" New Text Underlined; [DELETED TEXT BRACKETED.] .. _. Page 168 of 266 Ordinance No. 2662 -2012 Page 39 of 42 2001 ..... —Table 901 b 1 964 10 Auvendix of the I.F.C. Amend the appendix by adding a new APPENDIX K to read: APPENDIX K ME STATUS REPORTING adopted and amended to the 2009 International Fire Code as listed below. Exemption: Industrial occupancies with an approved fire system preventive maintenance program. See below for contact information. K102 €Status 11 Systems Out of Service or Major Deficiencies: The fire service companv shall immediately contact the Fire Marshal Office, if the system cannot be returned to service. On a weekend or after hours contact the Fire Marshal Office on the first business day. Written notification shall be faxed to the Fire Marshal Office within 24 hours. Notification may be made by email. K102.1 Corrective fiction Tame: Status 1 reports shall be repaired immediately. K102.1.1 For example but not limited to: KIO2.1.1.1 Fire Sorinkler or dater 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 Pumgs: 1.. Non - working fire pumps. 2. Fire pump controls not work or malfunctioning. K102,1.1.3 Fire Al S�rste s (Detect °sore anal Atarsra §: I. Non- worldng fire alarm panel. 2. Malfunctioning fire alarm panel. 3. Audio and visual devices not working entire NAC loop. 4. Detection not working entire detection loop, 5. Loss of programming. K1 02.1.1.4 Kitchen Flood Fire Systems: I. Svstem cvlinder is not charged or leaking. 2. Appliance not properly covered due to rearrangement of appliances 3. Plugged discharge nozzles. 4. Automatic detection not functional. New Teat Underlined; {DELETED TEXT BRACKETED].,..... Page 169 of 266 Ordinance No. 2662 -2012 Page 40 of 42 Gas or electric not shutting_down. K103.1.1.5 Clean Agent or Special Hazard System: 1. Svstem cvlinder is not charged or leaking. 2. Releasing panel not functional. K103 (Status 2) Systems: K103 (Status 21 Svstems that have critical deficiency reports shall be provided to the Fire Marshal Office within 14 days. K103.1 Corrective Action Time: Status 2 systems shall be repaired within 14 clans K1O3.1.1 For example (heat not 1amited tol: 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. Chan ce of use that will affect the performance of the sprinkler system. 3. Low water pressure. 4. Anv other maior problem that will affect the performance. S. No monitoring on required systems. K103.1.1.2 Fire Pumps: 1. Low fuel 2. Pump packing leaking bevond specifications, 3. Fire pump room below 40 degrees. 4. Fire pump not meeting its rated discharge ,pressure or GPM flow over a 10% difference. 5. Any other maior problem that will affect the performance. X103.1.1.3 Fire Alarms Systems (Detection and Alarm 1, Batteries overdue for replacement. 2. No monitoring on required system. 3. Audio and visual devices not working - uD to 3 devices. over 3 devices status 1 4. Detection not working - up to 3 devices over 3 devices status 1. S. Any other maior problem that will affect the performance. K103.1.1,4 Kitchen flood Fire Systems: 1. Rood and ducts with heavy _grease buildup 2. Anv other maior problems that will affect the performance. K1O4.1 Corrective Action Time: Status 3 systems shall be repaired within 30 days, K105 (Status 4): System with no deficiencies shall be reported to the Fire Marshal's Office within 30 days. New Text Underlined; [DELETED TEXT BRACKETED] .. .... Page 170 of 266 Ordinance No. 2662 -2012 Page 41 of 42 K105.1 S"tema service reports shall have the following information on they: I. Inspection company name shall be printed on all reports with address and phone number. 2. Inspector's first and last name shall be rp inted with State of Alaska fire systems permit number. 3. Inspector's phone number: office and cell if available. 4. Deficiencies shall be timed or legibly hand written and shall be printed text fno cursive/ long hand handwriting). Reports will 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 Ist pie, 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 phone number on the front page. 7. Only white and vellow copies will be accepted 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 days to: The Kenai Fire Marshal Office 165 South willow Street Kenai, AK 99611 -- -977- 283 - 7656. - -907- 233 -3171 FAX Systems out of service and those with major deficiencies shall have a report faxed and assailed immediately within 1 day to the address above. Section 3, SeverabiIity: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(1), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of January, 2013. PAT PORTER, MAYOR New Text Underlined; (DELETED TEXT BRACKETED! Page 171 of 266 Ordinance No. 2662 -2012 Page 42 of 42 ATTEST: Sandra Modigh, CMC City Clerk Introduced: December 19, 2012 Adopted: January 2, 2013 Effective: February 2, 2013 New Text: Underlined; (DELETED TEXT BRACKETED] Page 172 of 266 OVA 1t', 210 Fidatgo Avenue, Kenai, Kaska 99611 -7794 bgftd Telephone : 907- 283 -7535 f Fax: 907 -283 -3014 w '111�i .ci.kenal.ak.us 6® 1942 To: City Council Through: Rick Koch, City Manager From: Larry Floyd, Building Official A ��✓! �! Date: December 11, 2012 Re: 2609 International Fire Code Adoption The City of Kenai has historically adopted the latest edition of the International Fire Code as the standard for fire resistive construction and fire prevention in the City. The City has a deferral agreement with the State of Alaska which requires the City of Kenai to adopt and enforce code standards no less stringent than those enforced by the State. The State of Alaska adopted the 2009 International Fire Code in November of this year. I therefore recommend the adoption of the 2069 International Fire Code as amended by the State of Alaska in order to comply with our deferral agreement and to consistently enforce the code standards in effect throughout the State. Page 173 of 266 Page 174 of 266 Suggested by: Administration theudy °% CITY OF KENAI KENAI.ALASU ORDINANCE NO, 2663.2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING CHAPTER 4.20, MECHANICAL CODE, BY ADOPTING THE 2009 EDITION OF THE INTERNATIONAL MECHANICAL CODE AND MAKING LOCAL AMENDMENTS. WHEREAS, the City previously adopted the International Mechanical Code, 2006 Edition, of the International Code Council, i eluding the appendices with certain local amendments; and, WHEREAS, the International Code Council updated the International Mechanical Code in 2009; and, WHEREAS, the City's Building Official accordingly recommends adoption of the 2009 Edition of the International Mechanical Code, with certain amendments; and, WHEREAS, it is in the best interest of the City to adopt the 2009 Edition of the International Mechanical Code and the updated standards therein, as amended for the City, in order to protect the health, safety, and welfare of its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Chapter 4.20 of the Kenai Municipal Code: The Kenai Municipal Code, Chapter 4.20, Mechanical Code, is hereby amended as follows: i ro 4.20.010 Adoption. 4.20.015 Local amendments to the 20016]2_lntemational Mechanical Cc 4.20.020 Building Official. 4.20.030 Fee schedule, I 4.20.010 Adoption, There is hereby adopted for the purpose of establishing rules and regulations for the installation and maintenance of heating, ventilating, cooling, and refrigeration systems, that certain code known as the "International Mechanical Code," 2001619 Edition, of the International Code Council, including the appendices, except for such portions as are hereafter deleted, modified, or amended; and the same is hereby adopted and incorporated as fully as if set out verbatim herein. Page 175 of 266 Ordinance No. 2663 -2012 Page 2 of 21 4.20.015 Local amendments to the 200[6]1 International Mechanical Code. [THE INTERNATIONAL MECHANICAL CODE (I.M.C.) CHAPTERS 1 -15 AND APPENDIX A (2006 EDITION) ARE ADOPTED BY REFERENCE TO REGULATE ALL OCCUPANCIES AND BUILDINGS WITH THE FOLLOWING REVISIONS: DELETE ENTIRE SECTION. REFER TO CHAPTER 4.40 OF KMC. REVISE BY DELETING THE REFERENCE "ICC ELECTRICAL CODE" AND REPLACE WITH THE REFERENCE "ELECTRICAL CODE AS ADOPTED BY KMC." REVISE BY DELETING THE REFERENCE "INTERNATIONAL PLUMBING CODE" AND INSERTING THE REFERENCE "'PLUMBING CODE AS ADOPTED BY KMC." Kti3YTk1-j5 :7Ii)l►i AMEND BY ADDING THE FOLLOWING DEFINITIONS: HEAT RECOVERY DEVICE. AN ASSEMBLY CONTAINING A HEAT RECOVERY ELEMENT. HEAT RECOVERY ELEMENT. A DEVICE OR SERIES OF DEVICES WHOSE PURPOSE IS TO RECLAIM ONLY THE HEAT CONTENT OF AIR, VAPORS, GASES, AND /OR FLUIDS THAT WERE BEING EXPELLED THROUGH THE EXHAUST SYSTEM, AND TRANSFERRING THE THERMAL ENERGY SO RECLAIMED TO A LOCATION WHEREBY A USEFUL PURPOSE MAY BE SERVED. + #.... REVISE BY DELETING THE WORDS "IN ACCORDANCE WITH THE INTERNATIONAL ENERGY CONSERVATION CODE." 1041y fr7 ii�7sy it+77 � REVISE BY DELETING THE REFERENCE TO "ICC ELECTRICAL CODE" AND INSERTING THE REFERENCE "ELECTRICAL CODE AS ADOPTED BY KMC." REVISE BY DELETING THE REFERENCE "INTERNATIONAL PLUMBING CODE" AND INSERTING THE REFERENCE "PLUMBING CODE AS ADOPTED BY THE KMC." New Test Underlined; IDFLETED TEXT BRACKETED] Page 176 of 266 Ordinance No. 2663 -2012 Page 3 of 21 FROM THE THIRD EXCEPTION, DELETE THE WORDS "WEATHER STRIPPED IN ACCORDANCE WITH THE EXTERIOR DOOR AIR LEAKAGE REQUIREMENTS OF THE INTERNATIONAL ENERGY CONSERVATION CODE AND." INSERT THE WORDS "TIGHTLY GASKETED" BEFORE "SOLID" TO READ "TIGHTLY GASKETED SOLID DOOR." AMEND SENTENCE TO READ AS FOLLOWS: MECHANICAL SYSTEMS SHALL NOT BE LOCATED IN AN ELEVATOR SHAFT WITH THE EXCEPTION OF MECHANICAL EQUIPMENT AND DEVICES EXCLUSIVELY SERVING THE ELEVATOR. REVISE TO READ AS FOLLOWS: HEAT PRODUCING EQUIPMENT AND APPLIANCES SHALL BE INSTALLED TO MAINTAIN THE REQUIRED CLEARANCES TO COMBUSTIBLE CONSTRUCTION AS SPECIFIED IN THE LISTING AND MANUFACTURERS INSTRUCTIONS. SUCH CLEARANCES SHALL BE REDUCED ONLY IN ACCORDANCE WITH SECTION 308. CERTAIN UNLISTED HEAT - PRODUCING EQUIPMENT SHALL BE ALLOWED PROVIDED IT IS INSTALLED IN A MANNER SO AS TO MAINTAIN THE CLEARANCES TO COMBUSTIBLE CONSTRUCTION SPECIFIED IN TABLE 304.8. CLEARANCES TO COMBUSTIBLES SHALL INCLUDE SUCH 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 SHALL NOT BE USED TO PROVIDE THE REQUIRED CLEARANCES. New Text Underlined;.(DELETED TEXT BRACKETED] Page 177 of 266 Ordnance No. 2663 -2012 Page 4 of 21 REVISE BY ADDING G TABLE 304.8 AND TABLE 304.8.1 AS FOLLOWS: TABLE 304.8 S'T'ANDARD INSTALLATION CLEARANCES IN INCITES FOR CERTAIN UNLISTED HEAT PRODUCING APPLIANCES New Text - Underlined; jDELETED,.SEXT, RACF4TED) .,._. Page 178 of 266 FROM TOP ` ABOVE AND SIDES OF TOP OF WARM -AIR CASING OR BONNET OR FROM I FROM FROM APPLIANCES FUEL APPLIANCE PLENUM FRONT' -BACK' SIDES' RESIDENTIAL TYPE FURNACES —FLOOR SOLID 182 182 ! 48 18 18 AUTOMATIC r FOR MOUNTING ON j ' COMBUSTIBLE 'OIL OR COMB. FLOORS. GAS -OIL 36 12 12 12 ROOM HEATERS' CIRCULATING TYPE OIL OR SOLID 36 24 12 12 RADIANT OR OTHER TYPE OIL OR SOLID 36 36 ( 36 36 FIREPLACE STOVE SOLID 484 - 54 48" 484 INCINERATORS DOMESTIC TYPES 36$ 48 1 36 36 COMMERCIAL —TYPE LOW HEAT APPLIANCES j UNIT HEATERS 1 FLOOR MOUNT ANY SIZE ALL FUELS 18 48 I8 IS OTHER LOW -HEAT INDUSTRIAL APPLIANCES. FLOOR - MOUNTED OR i I I SUSPENDED ALLFUELS 1R j 18 48 18 I5 j COMMERCIAL INDUSTRIAL — ? TYPE MEDIUM HEAT APPLIANCES INCINERATORS ALL SIZES 48 96 36 36 New Text - Underlined; jDELETED,.SEXT, RACF4TED) .,._. Page 178 of 266 Ordinance No. 2663 -2012 Page 5 of 21 FOOTNOTES: 'THE MINIMUM DIMENSION SHALL BE THAT NECESSARY FOR SERVICING THE APPLIANCE, INCLUDING ACCESS FOR. CLEANING AND NORMAL CARE, TUBE REMOVAL, ETC, 2THE DIMENSION MAY BE 6 INCHES (152 MM) FOR AN AUTOMATICALLY STOKER -FIRED FORCED- WARM-AIR FURNACE EQUIPPED WITH 250 DEGREE FAHRENHEIT LIMIT CONTROL AND WITH BAROMETRIC DRAFT CONTROL OPERATED BY DRAFT INTENSITY AND PERMANENTLY SET TO LIMIT DRAFT TO A MAXIMUM INTENSITY OF 0.13 -INCH WATER GAUGE (32PA).. 'APPROVED APPLIANCES SHALL BE INSTALLED ON NON- COMBUSTIBLE FLOORS AND MAY BE INSTALLED ON PROTECTED COMBUSTIBLE FLOORS. HEATING APPLIANCES APPROVED FOR INSTALLATION ON PROTECTED COMBUSTIBLE FLOORING SHALL BE SO CONSTRUCTED THAT FLAME AND HOT GASES DO NOT COME IN CONTACT WITH THE APPLIANCE BASE, PROTECTION FOR COMBUSTIBLE FLOORS SHALL CONSIST OF 4 -INCH (102 MM) HOLLOW MASONRY COVERED WITH SHEET METAL AT LEAST 0.021 INCH (0.5 MM) THICK (NO. 24 MANUFACTURER'S STANDARD GAUGE). MASONRY SHALL BE PERMANENTLY FASTENED IN PLACE IN AN APPROVED MANNER WITH THE ENDS UNSEALED AND JOINTS MATCHED SO AS TO PROVIDE FREE CIRCULATION OF AIR THROUGH THE MASONRY. FLOOR PROTECTION SHALL EXTEND 12 INCHES (305 MM) AT THE SIDES AND REAR OF THE APPLIANCE, EXCEPT THAT AT LEAST 18 INCHES (457 MM) SHALL BE REQUIRED ON THE APPLIANCE - OPENING SIDE OR SIDES MEASURED HORIZONTALLY FROM THE EDGES OF THE OPENING. 'THE 48 -INCH (1219 MM) CLEARANCE MAY BE REDUCED TO 36 INCHES (914 MM) WHEN PROTECTION EQUIVALENT TO THAT PROVIDED BY ITEMS I THROUGH 6 OF TABLE 304,8.1 IS APPLIED TO THE COMBUSTIBLE CONSTRUCTION. 'CLEARANCE ABOVE THE CHARGING DOOR MUST BE AT LEAST 48 INCHES (12 19 MM). 'IF THE APPLIANCE IS ENCASED IN BRICK THE 18 -INCH (457 MM) CLEARANCE ABOVE AND AT SIDES AND REAR MAY BE REDUCED TO 12 INCHES (305 MM). TYPE OF PROTECTI ON APPLIED TO THE COMBUSTIB LE MATERIAL UNLESS OTHERWISE SPECIFIED AND COVERING ALL SURFACES WITHIN THE DISTANCE SPECIFIED AS THE REQUIRED CLEARANC E WITH NO PROTECTIO N TABLE 304.8.1 CLEARANCES, IN INCHES, WITH SPECIFIED FORMS OF PROTECTION "2 WHERE THE STANDARD CLEARANCE IN TABLE 304.8 WITH NO PROTECTION IS: 36 INCHES j 18 INCHES 12 INCHES 61NCHES , X25.4 MM MM .4 FOR ' ® I .SID CFIIOR E AVE SID C YORE (AVE SID I CID 1 AB E SID C ®R E New Text Underlined ..[DELETED.TEXTBRACKETEDI . ......... Page 179 of 266 Ordinance No. 2663 -2012 Page 6 of 21 New Text Underlined; (DELETED- TEXT - .BRACKETED] Page 180 of 266 ! ES VENT ES I VENT , ES Y ES VENT CQNNEC iCONNEC 'CONNEC AN i TION AN TION AN OR AN iION D D D VENT D I CONNEC RE i RE RE TYON RE AR ! AR AR ! AR I 12 9 6 I 6 3 2 3 INSULATIN G MILL BOARD SPACED ! � OUT I a l 2.0.013" 24 18 24 12 9 12 9 1 6 4 3 2 2 (NO. 28 i ! MANUFACT URER'S ! ;STANDARD GAUGE) { STEEL SHEET ON 1/4" INSULATIN ' G MILL BOARD 13.0.013" I8 12 18 9 6 -i 9 6 4 i 4 2 2 2 (NO. 28 MANUFACT j - URER'S t 'STANDARD ! !i GAUGE) STEEL SHEET SPACED OUT Ira r 4.0.013" IS 12 18 9 6 9 6 4 4 2 2 2 v0. 28 MANUFACT URER'S STANDARD GAUGE !STEEL I SHEET ON 1 INSULATIN i G MILL I i !BOARD !SPACED OUT I 1. 5.11/2" 18 12 36 9 6 18 6 4 9 2 1 6 INSULATIN i ! G CEMENT COVERING ON HEATING APPLIANCE i 6.7/4" 18 ! 12 18 6_ll 6 6 ( 4 4 4 2 2 2 New Text Underlined; (DELETED- TEXT - .BRACKETED] Page 180 of 266 Ordinance No. 2663 -2012 Page 7 of 21 INSULATIN G MILL ( j BOARD ON ! I" MINERAL FIBER BATTS REINFORCE D WITH WIRE MESH i OR EQUIVALEN T 'FOR APPLIANCES COMPLYING WITH SECTIONS 304.2 AND 304.3. `EXCEPT FOR THE PROTECTION DESCRIBED IN ITEN', S, 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. SPACERS SHALL BE OF NONCOMBUSTIBLE MATERIAL. NOTE: INSULATING MILLBOARD IS FACTORY -MADE PRODUCT FORMED OF NONCOMBUSTIBLE MATERIALS, NORMALLY FIBERS, AND HAVING A THERMAL CONDUCTIVITY OF 1 BTU-NCH PER SQUARE FOOT PER DEGREE FAHRENHEIT OR LESS, REVISE THE THIRD SENTENCE BY DELETING THE WORDS "USING THE DESIGN PARAMETERS SPECIFIED IN CHAPTER 3 OF THE INTERNATIONAL ENERGY CONSERVATION CODE." ay AMEND BY ADDING TO THE END OF THE FIRST SENTENCE THE WORDS "OR IN ACCORDANCE WITH THE LATEST VERSION OF ASHRAE STANDARD 62." REVISE BY DELETING THE REFERENCE "ICC ELECTRICAL CODE" AND REPLACING IT WITH THE REFERENCE "ELECTRICAL CODE AS ADOPTED BY KMC WHEREVER IT OCCURS IN THIS SECTION." 514.1 GEaY — DELETE THE SECOND SENTENCE AND REPLACE WITH "ENERGY RECOVERY VENTILATION SYSTEMS 'MUST BE INSTALLED ACCORDING TO THE MANUFACTURER'S INSTRUCTIONS AND SPECIFICATIONS. AMEND BY ADDING THE FOLLOWING EXCEPTION TO 601.4 TO READ AS FOLLOWS: _.. .. New Test Underlined: IDELETED.TEXT.BRACKETED) ........ Page 181 of 266 Ordinance No. 2663 -2012 Page 8 of 21 EXCEPTION: ENVIRONMENTAL AIR EXHAUST DUCTS UNDER POSITIVE PRESSURE MAY EXTEND INTO OR THROUGH DUCTS OR PLENUMS IF ONE OF THE FOLLOWING DESIGN APPROACHES IS USED: ROUTE ENVIRONMENTAL AIR EXHAUST DUCTS INSIDE A SHAFT WHEN PASSING THROUGH A DUCT OR PLENUM. 2. INSTALL A SECOND DUCT AROUND THE ENVIRONMENTAL AIR EXHAUST DUCT WHERE PASSING THROUGH DUCTS AND PLENUMS TO MINIMIZE LEAKAGE TO THE DUCT OR PLENUM. SEAL BOTH ENDS OF THE OUTER DUCT TO OUTSIDE. 3, SEAL THE ENVIRONMENTAL AIR EXHAUST DUCTS ALONG ALL SEAMS AND JOINTS USING A LISTED LOW TO MEDIUM PRESSURE DUCT SEALANT WHICH IS TYPICALLY APPLIED BY BRUSH, TROWEL OR CAULKING GUN. INSTALL SEALANT PER MANUFACTURER'S RECOMMENDATIONS. 4. PROVIDE FLEXIBLE DUCT WITH NO SEAMS IN THE DUCT OR PLENUM ONLY TO A LIMIT OF 8'. THE 8' LIMIT IS DUE TO HIGH STATIC LOSSES. ALSO, SLEEVING THE METAL DUCT WITH FLEXIBLE SEAMLESS DUCT IS ACCEPTABLE. DELETE FROM THE SECOND SENTENCE THE WORDS "UNINHABITED CRAWL SPACES." ADD THE FOLLOWING SENTENCE TO THE END OF THE PARAGRAPH: "UNDERFLOOR CRAWLSPACES SHALL NOT BE USED AS PLENUMS." DELETE PARAGRAPH AND REPLACE WITH THE FOLLOWING: ALL JOINTS, LONGITUDINAL AND TRANSVERSE SEAMS, AND CONNECTIONS IN DUCTWORK, SHALL BE SECURELY FASTENED AND SEALED WITH WELDS, GASKETS, MASTICS (ADHESIVES), MASTIC- PLUS - EMBEDDED - FABRIC SYSTEMS OR TAPES. TAPES AND MASTICS USED TO SEAL DUCTV70RK SHALL BE LISTED AND LABELED IN ACCORDANCE WITH UL 181A OR UL 181B DUCT CONNECTIONS TO FLANGES OF AIR DISTRIBUTION SYSTEM EQUIPMENT SHALL BE SEALED AND MECHANICALLY FASTENED. DUCT TAPE IS NOT PERMITTED AS A SEALANT ON ANY METAL DUCTS. ADD THE FOLLOWING EXCEPTION: New Text Underlined; [DELETED TEXT BRACKETED] __... Page 182 of 266 Ordinance No. 2663 -2012 Page 9 of 21 EXCEPTION; CONTINUOUSLY WELDED AND LOCKING -TYPE LONGITUDINAL JOINTS AND SEAMS ON DUCTS OPERATING AT STATIC PRESSURES LESS THAN 2 INCHES W.G. (500 PA) PRESSURE CLASSIFICATION. DELETE THE WORDS "AND THE INTERNATIONAL ENERGY CONSERVATION CODE." ADD TO THE END OF THE PARAGRAPH: ALL SUPPLY AND RETURN AIR DUCTS AND PLENUMS SHALL BE INSULATED WITH A MINIMUM OF R -5 INSULATION WHEN LOCATED IN UNCONDITIONED SPACES AND WITH A MINIMUM OF R -8 INSULATION WHEN LOCATED OUTSIDE THE BUILDING ENVELOPE. WHEN LOCATED WITHIN A BUILDING ENVELOPE ASSEMBLY, THE DUCT OR PLENUM SHALL BE SEPARATED FROM THE BUILDING EXTERIOR OR UNCONDITIONED OR EXEMPT SPACES BY A MINIMUM OF R -8 INSULATION. EXCEPTIONS: 1. WHEN LOCATED WITHIN EQUIPMENT 2. WHEN THE DESIGN TEMPERATURE DIFFERENCE BETWEEN THE INTERIOR AND EXTERIOR OF THE DUCT OR PLENUM DOES NOT EXCEED 15 °F (8 °C). 3. WHEN LOCATED WITHIN THE UNDER FLOOR CRAWLSPACE OF A ONE- OR TWO - FAMILY DWELLING UNIT. 709.1 GENERAL. REVISE BY ADDING A SECOND SENTENCE TO READ: COMBUSTION -AIR OPENINGS MUST BE COVERED WITH CORROSION - RESISTANT SCREEN OF NO GREATER THAN I -INCH (13 MM) MESH. 80 a NS AND SUPPORT OF OTHER MASONRY ADD A NEW SECTION 801.21 AS FOLLOWS: UNLESS A VENT LISTED FOR EXTERIOR USE IN COLD WEATHER CLIMATES IS INSTALLED, A VENTING SYSTEM INSTALLED EXTERIOR TO THE BUILDING OUTSIDE THE THERMAL ENVELOPE SHALL BE INSTALLED IN A SHAFT. THE PORTION OF THE VENT SYSTEM THAT IS ABOVE THE LAST ROOF AND ITS ,... _, _...., New Tex. Underlined; [DELETED TEXT Page 183 of 266 Ordinance No. 2663 -2012 Page 10 of 21 PROJECTED PLANE NEED NOT BE ENCLOSED. THE PORTION OF THE VENTING SYSTEM PASSING THROUGH AN ATTIC SPACE NEED NOT BE ENCLOSED. REVISE BY DELETING THE REFERENCE "INTERNATIONAL PLUMBING CODE" AND INSERTING THE REFERENCE "PLUMBING CODE AS ADOPTED BY KMC." REVISE BY ADDING A NEW SECTION 927 UNVENTED ROOM HEATERS TO 927.1 GENERAL. UNVENTED ROOM HEATERS SHALL BE TESTED IN ACCORDANCE WITH AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI) Z 21.11.2 AND MAY BE INSTALLED IN ACCORDANCE WITH THE CONDITIONS OF THE LISTING AND THE MANUFACTURER'S INSTALLATION INSTRUCTIONS. 927.2 PROHIBITED USE, ONE OR MORE UNVENTED ROOM HEATERS MAY NOT BE USED AS THE SOLE SOURCE OF COMFORT HEATING IN A DWELLING UNIT. 927.3 INPUT RATING. UNVENTED ROOM HEATERS MAY NOT HAVE AN INPUT RATING IN EXCESS OF 40,000 BTU /H (11.7 KW). 927.4 PROHIBITED LOCATIONS. UNVENTED ROOM HEATERS MAY NOT BE INSTALLED WITHIN A, E OR I OCCUPANCIES. SUCH 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: 1. A SINGLE WALL - MOUNTED UNVENTED ROOM HEATER EQUIPPED WITH AN OXYGEN DEPLETION SAFETY SHUTOFF SYSTEM AND INSTALLED IN A BATHROOM PROVIDED THE INPUT RATING DOES NOT EXCEED 6,000 BTU PER HOUR (1.76 KW) AND THE BATHROOM IS NOT A CONFINED SPACE, New Text Underlined; [DELETED TEXT BRACKETED] Page 184 of 266 Ordinance No. 2663 -2012 Page 11 of 21 2. A SINGLE WALL - MOUNTED UNVENTED ROOM HEATER EQUIPPED WITH AN OXYGEN DEPLETION SAFETY SHUTOFF SYSTEM AND INSTALLED IN A BEDROOM PROVIDED THAT THE INPUT RATING DOES NOT EXCEED 10,000 BTU PER HOUR (2.93 KW) AND THE BEDROOM IS NOT A CONFINED SPACE. THE AGGREGATE INPUT RATING OF ALL UNVENTED APPLIANCES INSTALLED IN A ROOM OR SPACE MAY NOT EXCEED 20 BTU /H PER CUBIC FOOT OF VOLUME OF SUCH 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. UNVENTED ROOM HEATERS WILL 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 WILL NOT INCORPORATE FIELD ADJUSTMENT MEANS CAPABLE OF CHANGING THE SET POINT AT WHICH THE SYSTEM ACTS TO SHUT OFF THE GAS SUPPLY TO ROOM HEATER. 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 SUCH USE IN ACCORDANCE WITH UNDERWRITERS LABORATORIES (UL) 127. REVISE BY DELETING THE REFERENCES "INTERNATIONAL PLUMBING CODE" AND INSERTING THE REFERENCES "PLUMBING CODE AS ADOPTED BY KMC" WHEREVER THEY OCCUR IN THE CHAPTER. REVISE TO READ: THIS CHAPTER GOVERNS THE INSTALLATION, ALTERATION AND REPAIR OF BOILERS, WATER HEATERS, AND PRESSURE VESSELS NOT SUBJECT TO THE New Text Underlined; f DELETED: TENT BRACKETEDI Page 185 of 266 Ordinance No. 2663 -2012 Page 12 of 21 PROVISIONS OF THE STATE DEPARTMENT OF LABOR UNDER AS 18.60.180 THROUGH 18.60.395. REVISE BY DELETING THE WORDS "AND HOT WATER" FROM THE FIRST SENTENCE. DELETE THIS SECTION. REVISE BY DELETING THE REFERENCE "INTERNATIONAL PLUMBING CODE° AND INSERTING THE REFERENCE "PLUMBING CODE AS ADOPTED BY KMC." REVISE BY DELETING THE REFERENCES "INTERNATIONAL PLUMBING CODE" AND INSERTING THE REFERENCES "PLUMBING CODE AS ADOPTED BY KMC" WHEREVER THEY OCCUR. 1204.1 INSULATION CHARACTERISTICS. REVISE THE FIRST SENTENCE BY DELETING THE WORDS "SHALL CONFORM TO THE REQUIREMENTS OF THE INTERNATIONAL ENERGY CONSERVATION CODE." REVISE BY DELETING THE WORDS "TO THE THICKNESS REQUIRED BY THE INTERNATIONAL ENERGY CONSERVATION CODE." REVISE BY DELETING THE REFERENCE "INTERNATIONAL PLUMBING CODE" AND INSERTING THE REFERENCE "PLUMBING CODE AS ADOPTED BY KMC. "] the following _Levi sions: Delete all the references to the International Energy Conservation Code MWKWUM ,- New Tent Underlined;_ [DELETED ,TEXT BRACI {ETED] Page 186 of 266 Ordinance No. 2663 -2012 Page 13 of 21 Delete the entire section. Refer to KMC Chapter 4.40. 1019 Means of Appeal. Delete the entire section. Refer to KMC Chapter 4.40. 201.3 Terms defined in other codes. Amend by deleting the reference "ICC Electrical Code" and replace it with "Electrical Code as adapted by KMC." Amend by deleting the reference "International Plumbing Code" and replace it with "Plumbing Code as adopted by KMC." Amend by deleting the reference "International Fuel Gas Code" and replace it with "Uniform Plumbing Code as adopted by KMC." 301.2 Energy utilization. Amend by deleting the phrase "in accordance with the International Enerw Conservation Code." 301.3 Fuel Gas Appliances and Equipment. Amend by deleting the reference "International Fuel Gas Code" and replacing it with "Uniform Plumbing Code as adopted by KMC." 301.7 Electrical, Amend by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code as adopted by KMC." 301.3 plumbing connections. EcI�Ic�fi�3Z +7,Zi:�i�it'�T�S3l"ST31 Amend by deleting the phrase "of the International Energy Conservation Code" from the second sentence of Exception 3. Amend to read: 304.9 Clearances to combustible construction Heat - producing equipment and appliances must be installed to maintain the required clearances to combustible New Taxt Underlined;. (DELETED. TEXT BRACKETED] _ Page 187 of 266 Ordinance No. 2663 -2012 Page 14 of 21 construction as specified in the fisting and manufacturer's instructions These clearances may be reduced only in accordance with Section 308 of the I M C Certain unlisted, heat - producing equipment shall be allowed if the equipment i% installed in a guards, may not be used to provide the required clearances Amend to add Table 304.8 to read: Table 304.5 New Text Underlined;. [DELETED.. TEXT BRACKETED]. . Page 188 of 266 Ordinance No. 2663 -2012 Page 15 of 21 STANDARD INSTALLATION CLEARANCES IN INCHES FOR CERTAEN UNLISTED HEAT - PRODUCLNG APPLIANCES New Text underlined; [DELETED,TEXT BRACKETED] Page 189 of 266 Ordinance No. 2663 -2012 Page 16 of 21 Appliances Fuel Above Top From Togo- From Front' From SACS: s From Sides s of Casing and Sides or Appliance of Warm -air Bonnet or Plenum Furnaces - Flom For mount- Solid ISc 182 48 18 18 ing on com- bustible floors. Automatic 36 12 12 12 Oil or comb. Gas -ail Seem Hi Atersa Circulating Oil or 36 24 12 12 type. Solid Radiant or Oil or 36 86 36 36 Other type. Solid Fireplace stove Solid 48^ 54 48° 464 incinerators Domestic types 365 48 36 36 Commercial - Type Low Heat Appliances Unit Heaters All fuels 18 48 i8 IS Floor mounted any size. Other low- All fuels i8 18 48 18 18 heat in. dustrial appliances. Floor mounted or suspended. Commercial Industrial - Typa Medium. Beat Appliances Incinerators 48 96 36 36 All sizes. Footnotes: (1) The minimum dimension shall be that necessary for servicing the appliance, including excess for cleaning and normal care, tuba mmovai, and similar Stems. (2) The dimension may be six inches U62mm) for an automatically stoker -fired forced -warm -air furnace equipped with 250 degree Fahrenheit limit control and with barometric draft control operated by draft intensity and permanently set to limit draft to a maximum intensity of 0.13 -inch water gauge (32Pa). (3) Approved appliances must be installed an non - combustible floors and may be installed on protected combustible Hoots, Rusting appliances approved for installation an protected combustible flooring shall be so constructed that flame and 'not gases do not come in contact with the appliance base. Protection for combustible floors shall consist of four inch (102mm) hollow masonry covered with sheet metal st.least,O.021 inch (0,5mm) thick (NO. 24 manufacturer's standard gauge). Masonry must he permanently fastened in place in an approved manner with the ends unseated and joints matched so as to provide free circulation of air through the masonry. Floor protection shall extend 12 inches (305mm) at the sides and rear of the appliance, except that at least IS inches (457mm) shall be required on the applianP�@@QniiiRGi®f 266ides measured horizontally from the edges of the opening. Ordinance No. 2663 -2012 Page 17 of 21 •,x ,Za Amend the third sentence by deleting the phrase "using the design parameters specified in Chapter 3 of the International Energy Conservation Code." 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 (ASHPAE) Standard 62 2010 Edition. 514.1 General. the manufacturer's instructions and specifications. 804.1 Direct Vent Termination. G•IiYJf><xl�T��'11 Amend 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. Ml. Amend, by deleting the reference "international Plumbing Code" and replacing it with "Uniform Plumbing Code as adopted by KMC." Amend by adding a new section 928 Unvented Room Heaters to read: installation instructions. 929.2 Prohibited use. One or more unvented room heaters may not be used as the sole source of comfortt heatine in a dwelling unit _ ...... . .. New Text Underlined; ]DELETED TEXT BRACKETED] Page 191 of 266 Ordinance No. 2663 -2012 Page 18 of 21 928.3 Input rating. Unvented room heaters may not have an input rating in excess of 40,000 Btu /h (11.7 kWl. 928,4 Prohibited locations. Unvented room heaters may not be installed within A, E or I Occupancies. Such appliances may not be located in or obtain combustion air from any of the following rooms or spaces; I . Sleeping rooms. 2. Bathrooms. 3. Toilet rooms. 4. Storage closets. S. Surgical rooms. Exceptions: 1. A single wall. - mounted Unvented room heater equipped with an oxygen depletion safety shutoff system and installed in a bathroom provided the input rating does not exceed 6,000 Btu per hazer (1.76 kW) and the bathroom is not a confined space. 2. A single wall- mounted unvented room heater equipped with an oxygen depletion safety shutoff system and installed in a bedroom provided that the input rating does not exceed 10.000 Btu per hour (2.93 kWl and the bedroom is not a confined space, 928.5 Room or space volume. The aggregate input rating of all unvented appliances installed in a room or space mav not exceed 20 Btu /h per cubic foot of volume of such room or space. Where the room or space in which the equipment is installed is directly connected to another room or space by a doorwav, archway or other opening of comparable size that cannot be closed, the volume of such adiacent room or space may be permitted to be included in the calculations. 928.6 Oxygen- depletion safety system.. Unvented room heaters will 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 oxvgen in the surrounding atmosphere is depleted to the percent concentration specified by the manufacturer, but not lower than 18 percent. The system will not incorporate field adjustment means capable of changing the set point at which the system acts to shut off the gas supply to room heater. 928.7 Unvented log heaters. An unvented log heater may not be installed in a factory -built fireplace unless the fireplace system has been specifically tested, New Text Underlined; [DELETED TEXT BRACKETED] Page 192 of 266 Ordinance No. 2663 -2012 Page 19 of 21 listed and labeled for such use in accordance with Underwriters Laboratories (UL) 127. Fi� ! Amend to read: Labor under AS 18,60, 180 through 18.60.395, 1011 Vests. Delete this section. "OURt. Amend by deleting the reference "international Plumbing Code" and replacing it with "Uniform Plumbing Code as adopted by KMC." Amend by deleting the references to "International Plumbing Code" and replacing them with "Uniform Plumbing Code as adopted by KMC" wherever these references occur in these sections. 1204.1 Insulation chameteristics. Amend the first sentence by deleting the phrase "shall conform to the requirements of the International Energy Conservation Code." lk Amend by deleting the phrase "to the thickness required by the International Energy Conservation Code." a, Amend by deleting the body of the chapter and inserting a new Section 1401 to read: "General. Solar energv equipment and appliances must be installed in compliance with the Solar Energy Code as adopted by KMC. New Test Underlined; [DELETED TEXT BRACKETED] Page 193 of 266 Ordinance No. 2663 -2012 Page 20 of 21 UVV ► , . Amend by changing the referenced NFPA Standards to the latest published edition to read: 4.20.020 Building Official. The Building Official of this City shall have the powers, duties, and functions prescribed for the "Code Official' by the International Mechanical Code adopted by KMC 4.20.010, provided the powers, duties and functions may be performed by authorized representatives of the Building Official and under his or her supervision and control. 4.20.030 Fee schedule. Section 106.5.2 of the International Mechanical Code adopted by this chapter is amended to read: if a building permit is issued, these fees shall be considered as paid as a part of such permit fee. If no such building permit is issued, the fee shall be computed according to [TABLE 1 -A AT KMC 4.05.030(B)j the current City of Kenai Schedule of Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. New Tent Underhned;.[DELETED TEXT BRACKETED) Page 194 of 266 Ordinance No. 2663-2012 Page 21 of 21 Section 4. Effective Date: Pursuant to KMC 1,15,070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of January, 2013. ATTEST: Sandra Modigh, CHIC City Clerk PAT PORTER, MAYOR Introduced: December 19, 2012 Adopted: January 2, 2013 Effective: February 2, 2013 NeLw'Lqxt_Pnderhned; [DELETED TEXT BRACKETED] Page 195 of 266 U Date: December II, 2012 Re: 2009 International Mechanical Code Adoption The City of Kenai has historically adopted the latest edition of the International Mechanical Code as the standard for mechanical systems design, construction and maintenance in the City. The City has a deferral agreement with the Mate of Alaska which requires the City of Kenai to adopt and enforce code standards no less stringent than those enforced by the State. The Mate of Alaska adopted the 2009 International Mechanical Code in November of this year. I therefore recommend the adoption of the 2009 International Mechanical Code as amended by the State of Alaska in order to comply with our deferral agreement and to consistently enforce the code standards in effect throughout the State. Page 196 of 266 t,N O, Suggested by: Administration CITY OF KENAI AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING CHAPTER 4.32, RESIDENTIAL CODE, BY ADOPTING THE 2009 EDITION OF THE INTERNATIONAL RESIDENTIAL CODE AND MAKING LOCAL AMENDMENTS. WHEREAS, the City previously adopted the International Residential Code, 2006 Edition, of the international Code Council, including the appendices with certain local amendments; and, WHEREAS, the International Code Council updated the International Residential Code in 2009; and, WHEREAS, the City's Building Official accordingly recommends adoption of the 2009 Edition of the International Residential Code, with certain amendments; and, WHEREAS, it is in the best interest of the City to adopt the 2009 Edition of the International Residential Code and the updated standards therein, as amended for the City, in order to protect the health, safety, and welfare of its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1, Form: This is a Code ordinance. Section 2. Amendment of Chapter 4.32 of the Kenai Municipal Code: The Kenai Municipal Code, Chapter 4.32, Residential Code, is hereby amended as follows: a •a Adoption. 4.32.015 Local amendments to the 00Intemational. Residential Code, 4.32.020 Building _ 4.32.030 4.32.010 Adoption. There is hereby adopted for the purpose of establishing rules and regulations for the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, removal and demolition of detached one and two family dwellings and multiple single - family dwellings, that certain code known as the "International Residential Code," 200[619 Edition, of the International Code Council, including the appendices, except for such portions as are hereafter deleted, Page 197 of 266 Ordinance No. 2664 -2012 Page 2 of 19 modified, or amended: and the same is hereby adopted and incorporated as fully as if set out verbatim herein. 4.32.013 Local amendments to the 00[6] International Residential Cagle. [R105.5. ADD THE FOLLOWING: A BUILDING PERMIT SHALL EXPIRE TWO (2) YEARS AFTER THE DATE OF ISSUANCE UNLESS AN EXTENSION HAS BEEN GRANTED AS PROVIDED IN THIS SUBSECTION. AMEND THE LAST SENTENCE BY CHANGING "ICC ELECTRICAL CODE" TO "ELECTRICAL CODE ADOPTED BY KMC." fEilli zIFc; WO 4T5 ADD THE FOLLOWING AFTER THE FIRST SENTENCE: THE BUILDING VALUATION DATA TABLE SHOWN IN THE LATEST EDITION OF THE BUILDING SAFETY JOURNAL PUBLISHED BY THE INTERNATIONAL CODE COUNCIL SHALL BE USED TO DETERMINE VALUE. ADD THE FOLLOWING AFTER THE FIRST SENTENCE: ANY PERSON WHO COMMENCES ANY WORK ON A BUILDING BEFORE OBTAINING THE NECESSARY PERMITS SHALL BE SUBJECT TO AN ADDITIONAL FEE, EQUAL TO THE COST OF THE BUILDING PERMIT, THAT SHALL BE IN ADDITION TO THE REQUIRED PERMIT FEES. DELETE ENTIRE SECTION. REFER TO "CHATTIER 4.40 OF KMC." - New Text underlined; ]DELETED TEXT BRACKETED] Page 198 of 266 Ordinance No. 2664 -2012 Page 3 of 19 TABLE 01.2(I) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA. ADD THE FOLLOWING INFORMATION IN THE TABLE: j GROUND SNOW LOAD :' 70 PSF WIND SPEED 100 MPH SEISMIC DESIGN CATEGORY D2 SUBJECT TO DAMAGE FROM: WEATHERING YES, SEVERE FROST LINE DEPTH 42" TERMITE NO DECAY NO WINTER DESIGN TEMPERATURE 18 DEG F FLOOD "HAZARDS NO ICE SHIELD UNDER- LAYMENT REQUIRED IYES AIR FREEZING INDEX 13000 'MEAN ANNUAL TEMPERATURE 35 DEGREES CATEGORY. R301.2.2.1.1 ALTERNATE DETERMINATION OF SEISMIC DESIGN DELETE PARAGRAPHS R301.2.2.11, R301.12.1.2, R301.2.2.2, AND TABLE R301.2.2.1.1 AND REPLACE WITH THE FOLLOWING: THE SEISMIC DESIGN CATEGORY FOR KENAI SHALL BE D2. R309.1 OPENING PROTECTION FOR FIRE RATINGS FOR ATTACHED AMEND BY ADDING A THIRD SENTENCE TO READ AS FOLLOWS: DOORS SHALL BE SELF - CLOSING AND HAVE SMOKE GASKETS AT TOP AND SIDES OF DOORS AND ADJUSTABLE THRESHOLD OR SWEEP, AMEND BY DELETING THE FIRST TWO SENTENCES AND REPLACING WITH THE FOLLOWING: Nevi, Text Underlined; [DELETED TEXT BRACKETED] Page 199 of 266 Ordinance No, 2664 -2012 Page 4 of 19 A GARAGE SHALL BE SEPARATED FROM THE RESIDENCE AND ITS ATTIC AREA WITH A ONE -HOUR OCCUPANCY SEPARATION. THE OCCUPANCY SEPARATION MAY BE LIMITED TO THE INSTALLATION OF APPROVED MATERIALS APPROVED FOR ONE -HOUR FIRE RESISTANCE CONSTRUCTION ON THE GARAGE SIDE ONLY. 5/8 TYPE X GYPSUM WALLBOARD WILL BE CONSIDERED ADEQUATE PROTECTION FOR ONE -HOUR CONSTRUCTION ON THE GARAGE SIDE AT RATED WALLS AND CEILINGS. ALL PLASTIC PIPE SUCH AS CONDENSATE LINES, VACUUM LINES, DRAIN LINES, WASTE LINES AND VENT LINES REQUIRE AN APPROVED TESTED FIRE COLLAR OR EQUIVALENT AT RATED WALL AND CEILING PENETRATIONS ON GARAGE SIDE ONLY. ALL FERROUS METAL PIPE PENETRATIONS ARE REQUIRED TO BE FILLED WITH GYPSUM WALLBOARD COMPOUND OR OTHER APPROVED MATERIALS. FIRE; DAMPERS NEED NOT BE INSTALLED IN AIR DUCTS PASSING THROUGH THE WALL, FLOOR, OR CEILING SEPARATING GARAGE FROM THE DWELLING, PROVIDED SUCH DUCTS WITHIN THE GARAGE ARE CONSTRUCTED OF STEEL HAVING THICKNESS NOT LESS THAN 0.019 INCH (0.48 MM) (NO. 26 GALVANIZED SHEET GAUGE) AND HAVE NO OPENING INTO THE GARAGE. ACCESS TO A CRAWL SPACE FROM A GARAGE SHALL MEET MINIMUM REQUIREMENTS OF SELF - CLOSING, TIGHT FITTING, SOLID WOOD DOOR MEASURING 1 3/8 INCHES OR GREATER IN THICKNESS, OR EQUIVALENT LAMINATED PLYWOOD OR COMBINATION PLYWOOD AND PROPERLY SECURED 5/8 INCH TYPE X GYPSUM WALLBOARD OR 20- MINUTE APPROVED DOOR ASSEMBLY. ADD A NEW SUBSECTION, R313.4, CARBON MONOXIDE DETECTORS, TO READ AS FOLLOWS: CARBON MONOXIDE DETECTORS SHALL BE INSTALLED ON EACH FLOOR LEVEL OF DWELLING UNITS. WHERE THERE ARE SLEEPING ROOMS ON A FLOOR, THE DETECTOR SHALL BE PLACED OUTSIDE OF THE SLEEPING ROOMS. THE ALARM SHALL BE CLEARLY AUDIBLE IN ALL BEDROOMS OVER BACKGROUND NOISE LEVELS WITH ALL INTERVENING DOORS CLOSED. ALL CARBON MONOXIDE DETECTORS SHALL BE LISTED AND INSTALLED IN ACCORDANCE WITH THE PROVISIONS OF THIS CODE. ADD A NEW SUBSECTION, 8313.4.1, ALTERATIONS, REPAIRS, AND ADDITIONS, TO READ AS FOLLOWS: WHEN INTERIOR ALTERATIONS, REPAIRS, OR ADDITIONS REQUIRING A PERMIT OCCUR, OR WHEN ONE OR MORE SLEEPING ROOMS ARE ADDED OR CREATED IN EXISTING DWELLINGS, THE INDIVIDUAL DWELLING UNIT SHALL BE PROVIDED WITH CARBON MONOXIDE DETECTORS AS REQUIRED IN SECTION R313.4 AND 8313.4.1. New TexkUnderlined; [DELETED TEXT BRACKETED] Page 200 of 266 Ordinance No. 2664 -2012 Page 5 of 19 ADD A NEW SUBSECTION, R313.4.2, POWER SOURCE, TO READ AS FOLLOWS: IN NEW CONSTRUCTION, THE REQUIRED CARBON MONOXIDE DETECTORS SHALL RECEIVE THEIR PRIMARY POWER FROM THE BUILDING WIRING SYSTEM, AND WHEN PRIMARY POWER IS INTERRUPTED, SHALL RECEIVE POWER FROM A BATTERY, WIRING SHALL BE PERMANENT AND WITHOUT A DISCONNECTING SWITCH OTHER THAN THOSE REQUIRED FOR OVER CURRENT PROTECTION, CARBON MONOXIDE DETECTORS SHALL BE PERMITTED TO BE ELECTRICAL OUTLET TYPE WITH BATTERY BACK UP WHEN INSTALLED IN EXISTING BUILDINGS THAT UNDERGO ALTERATIONS, REPAIRS, OR ADDITIONS THAT DO NOT RESULT IN THE REMOVAL OF THE INTERIOR WALL OR CEILING FINISHES EXPOSING THE STRUCTURE. ADD THE FOLLOWING: EXCEPTION: FOAM PLASTICS USED IN CRAWL SPACE AREAS DO NOT REQUIRE THERMAL BARRIER PROVIDED THE FOLLOWING CONDITIONS ARE MET: 1. ENTRY TO CRAWLSPACE IS ONLY TO SERVE UTILITIES. 2. THERE ARE NO INTERCONNECTED BASEMENT AREAS. 3. AIR TO THE CRAWL SPACE IS NOT CIRCULATED TO OTHER PARTS OF THE BUILDING. 4. FOAM PLASTIC DOES NOT EXCEED A 2 -INCH THICKNESS AND A 2.5 POUNDS PER CUBIC FOOT NOMINAL DENSITY. 5. VENTILATION COMPLYING 'WITH SECTION* R408 IS PROVIDED. 6. NO GAS -FIRED EQUIPMENT IS LOCATED IN CRAWL SPACE, DELETE PARAGRAPH AND EXCEPTIONS AND ADD THE FOLLOWING: VAPOR RETARDERS. ALL EXTERIOR WALL, CEILING, ROOF AND FLOOR ASSEMBLIES WHICH ENCLOSE HEATED SPACES AND WHICH ARE EXPOSED TO OUTDOOR AMBIENT TEMPERATURES SHALL BE PROTECTED AGAINST WATER VAPOR TRANSMISSION. ASSEMBLIES NOT OTHERWISE OF IMPERMEABLE New Text Underlined; [DELETED TEXT BRACKETED) Page 201 of 266 Ordinance No. 2664 -2012 Page 6 of 19 CONSTRUCTION SHALL HAVE INSTALLED, ON THE HEATED SIDE OF THE INSULATION OR AIR SPACES, VAPOR RETARDERS HAVING A PERM RATING OF 0.06 MINIMUM (EQUIVALENT TO 6 MILS POLYETHYLENE SHEETING) OR OTHER MATERIAL APPROVED BY THE BUILDING OFFICIAL. DELETE EXCEPTION 1. ADD THE FOLLOWING EXCEPTION: WOOD FOUNDATIONS SHALL HAVE A 16 -INCH X 10 -INCH REINFORCED CONCRETE FOOTING MINIMUM. R402.1.3 RESTRAINT FOR WOOD FOUNDATIONS. ADD A NEW SUBSECTION, 8402.1.3, RESTRAINT FOR WOOD FOUNDATIONS, TO READ AS FOLLOWS: BASEMENT, A 4 -INCH THICK CONCRETE SLAB POURED AGAINST THE STUDS. IF A WOODEN SCREED IS USED, IT SHALL BE DOUGLAS FIR OR HEM FIR PRESSURE TREATED IN ACCORDANCE WITH AWPA C22 WITH A.6 RETENTION. CRAWLSPACE. OPTION 1: A MINIMUM 5 -INCH WIDE BY 4 -INCH DEEP CONCRETE CURB POURED AGAINST THE INSIDE FACE OF THE STUDS. THE KICKER SHALL BE REINFORCED WITH A CONTINUOUS HORIZONTAL NO. 3 REINFORCING BAR. IF THE KICKER IS NOT POURED WITH THE CONTINUOUS CONCRETE FOOTING, IT MAY BE POURED LATER PROVIDED VERTICAL 43 REINFORCING BARS X10 INCHES LONG SHALL BE CAST INTO THE FOOTING AT 2 FEET ON CENTER. THEY SHALL EXTEND 2 INCHES ABOVE THE TOP OF THE FOOTING. THE CONTINUOUS #3 BAR SHALL BE SECURED TO THE VERTICAL #3 BARS. OPTION 2: INSTALLATION OF PRESERVATIVE TREATED 4" X 4 "S WITH A MINIMUM 1/2" X 12" GALVANIZED ANCHOR BOLTS AT 24" O.C. INSTALLED IN FOOTING AGAINST THE INSIDE FACE OF STUDS ALONG THE ENTIRE PERIMETER. EXCEPTION: THE ABOVE NEED NOT APPLY IF A SUITABLE ALTERNATE DESIGN IS PREPARED BY AN ENGINEER REGISTERED IN THE STATE OF ALASKA AND IS APPROVED BY THE BUILDING OFFICIAL. New Text Underlined; [DELETED TEXT BRACF Page 202 of 266 Ordinance No. 2664 -2012 Page 7 of 19 ADD A NEW SUBSECTION, 8402.1.4, DAMPPROOFING FOR WOOD FOUNDATION WALLS, TO READ AS FOLLOWS: APPROVED DAMPPROOFING SHALL BE APPLIED OVER THE BELOW -GRADE PORTION OF EXTERIOR BASEMENT AND CRAWLSPACE WALLS PRIOR TO BACKFILLING. A TREATED LUMBER OR PLYWOOD STRIP SHALL BE ATTACHED TO THE WALL TO COVER THE TOP EDGE OF THE APPROVED DAMPPROOFING. THE WOOD STRIP SHALL EXTEND AT LEAST TWO (2) INCHES ABOVE AND FIVE (5) INCHES BELOW FINISH GRADE LEVEL TO PROTECT THE APPROVED DAMPPROOFING FROM EXPOSURE TO LIGHT AND FROM MECHANICAL DAMAGE AT OR NEAR GRADE. THE JOINT BETWEEN THE STRIP AND THE WALL SHALL BE CAULKED FULL LENGTH PRIOR TO FASTENING THE STRIP TO THE WALL. ALTERNATIVELY, BRICK, STUCCO, OR OTHER COVERING APPROPRIATE TO THE ARCHITECTURAL TREATMENT MAY BE USED IN PLACE OF THE WOOD STRIP. THE APPROVED DAMPPROOFING SHALL EXTEND DOWN TO THE BOTTOM OF THE CONCRETE FOOTING. R403.I.1 MINIMUM SIZE. REVISE THE THIRD SENTENCE TO READ "ALL FOOTINGS SHALL BE AT LEAST 10 INCHES IN THICKNESS." REVISE THE SECOND PARAGRAPH FIRST SENTENCE BY CHANGING "4 FEET" TO "24 INCHES." REVISE THE THIRD PARAGRAPH FIRST SENTENCE BY CHANGING THE NUMBER "4" TO "5" AND THE WORDS "FOUR FEET" TO "32 INCHES." REVISE THE EXCEPTION BY DELETING THE WORDS "PLAIN CONCRETE FOOTINGS WITHOUT LONGITUDINAL REINFORCEMENT SUPPORTING WALLS AND," AND ADD THE FOLLOWING: "PROVIDED WOOD FRAMING IS MECHANICALLY TIED TO ISOLATED FOOTINGS." REVISE TO READ AS FOLLOWS: FOUNDATIONS WITH STEMWALLS SHALL BE PROVIDED WITH A MINIMUM OF ONE NO, 5 BAR AT THE TOP OF THE WALL FOR CONCRETE MASONRY UNIT STEMWALLS, ONE NO. 4 BAR AT THE TOP OF THE WALL FOR POURED CONCRETE STEMWALLS, AND TWO NO. 5 BARS AT THE BOTTOM OF ALL FOOTINGS. REVISE THE FIRST SENTENCE BY CHANGING THE NUMBER "4" TO "5." New Text Underlined; (DELETED TEXT BRACKETED; Page 203 of 266 Ordinance No. 2664 -2012 Page 8 of 19 REVISE THE EXCEPTION BY CHANGING THE WORDS "ONE NO. 5 BAR" TO "TWO NO. 5 BARS" AND DELETING THE WORDS "OR TWO NO. 4 BARS." DELETE ENTIRE PARAGRAPH AND REPLACE WITH THE FOLLOWING: WOOD FOUNDATIONS SHALL HAVE A 16- INCH -WIDE X 10- INCH -THICK CONCRETE FOOTING MINIMUM. REVISE SUBSECTION 1. TO READ "MINIMUM REINFORCEMENT SHALL CONSIST OF NO. 4 HORIZONTAL BAR PLACED AT 16" ON CENTER FOR POURED CONCRETE WALLS AND NO. 5 HORIZONTAL BAR PLACED AT 48" ON CENTER FOR CMU WALLS." REVISE SUBSECTION 4 BY DELETING THE FOLLOWING WORD "PLAIN" IN TWO LOCATIONS AND ADDING AT THE END OF THE SENTENCE "AND SUPPORTING ONE FLOOR ONLY." REVISE SUBSECTION 5 BY DELETING THE WORD "PLAIN." REVISE SECOND PARAGRAPH BY CHANGING THE NUMBER "3" TO "5" AND THE WORDS "4 FEET" TO "32 INCHES" AND ADDING TO THE END OF THE PARAGRAPH "AND MINIMUM VERTICAL REINFORCEMENT OF ONE NO. 4 BAR LOCATED A MAXIMUM OF 24 INCHES ON CENTER IN POURED CONCRETE WALLS." REVISE BY DELETING THE LAST PARAGRAPH, DELETE THE FOLLOWING FROM THE FIRST SENTENCE: "AND WITH THE DETAILS SHOWN IN FIGURES 8403.1(2) AND R403.L(3)." DELETE THE PARAGRAPH AND SUBSTITUTE WITH THE FOLLOWING: WOOD SILL PLATES SHALL BE MINIMUM 2 -INCH X 6 -INCH AND SHALL BE BOLTED TO THE FOUNDATION OR FOUNDATION WALL WITH NOT LESS THAN TEN (10) INCH -LONG BY FIVE - EIGHTHS (5/8) INCH NOMINAL DIAMETER GALVANIZED STEEL BOLTS EMBEDDED AT LEAST SEVEN (7) INCHES INTO THE CONCRETE OR IN FULLY GROUTED CELLS OF REINFORCED MASONRY AND SPACED NOT MORE THAN FOUR (4) FEET ZERO (0) INCHES APART. THERE SHALL BE A MINIMUM OF TWO BOLTS PER PIECE WITH ONE BOLT LOCATED WITHIN 12 INCHES OF EACH END OF EACH PIECE WOOD SILL PLATES MUST BE TREATED MATERIAL SPECIFIED IN SECTION R323.1. New Text Underiined; [DELETED TEXT BRACKETED) Page 204 of 266 Ordinance No. 2664 -2012 Page 9 of 19 ADD NEW SECTION TO READ: VERTICAL REINFORCEMENT SHALL BE A MINIMUM OF NO. 4 VERTICAL REINFORCING BAR PLACED AT 24 INCHES ON CENTER. DELETE SECTION AND SUBSTITUTE WITH THE FOLLOWING: EXCEPT WHERE REQUIRED TO BE WATERPROOFED BY SECTION R406.2, IN DWELLING UNITS ONLY FOUNDATION WALLS THAT RETAIN EARTH AND ENCLOSE HABITABLE OR USABLE SPACES LOCATED BELOW GRADE SHALL BE DAMPPROOFED FROM THE TOP OF THE FOOTING TO THE FINISHED GRADE AND DAMPPROOFING SHALL COVER THE TOP OF THE FOOTING, AND LAP OVER THE OUTER EDGE A MINIMUM OF 1 INCH. MASONRY WALLS SHALL BE DAMPPROOFED WITH A BITUMINOUS COATING, 3 POUNDS PER SQUARE YARD (1.63 KG /M2) OF ACRYLIC MODIFIED CEMENT, 1/8 -INCH (3.2 MM) COAT OF SURFACE - BONDING MORTAR COMPLYING WITH ASTM C 887 OR ANY MATERIAL PERMITTED FOR WATERPROOFING IN SECTION R406.2. CONCRETE WALLS SHALL BE DAMPPROOFED BY APPLYING ANY ONE OF THE ABOVE LISTED DAMPPROOFING MATERIALS OR ANY ONE OF THE WATERPROOFING MATERIALS LISTED IN SECTION R406.2 TO THE EXTERIOR OF THE WALL. FOUNDATION WALLS THAT ARE BACKFILLED ON BOTH SIDES, SUCH AS THOSE USED IN CONJUNCTION WITH A "SLAB ON GRADE" DO NOT REQUIRE DAMPPROOFING OR WATERPROOFING. DELETE THE FOLLOWING WORDS FROM THE SECOND SENTENCE: 6 MIL (0.15 MM) POLYVINYL CHLORIDE, 6 MIL (0.15 MM) POLYETHYLENE, ADD THE FOLLOWING WORDS: FOUNDATION WALLS THAT ARE BACKFILLED ON BOTH SIDES, SUCH AS THOSE USED IN CONJUNCTION WITH A "SLAB ON GRADE" DO NOT REQUIRE DAMPPROOFING OR WATER PROOFING. New Text Underlined; [DELETED TEXT BRACKETED] Page 205 of 266 Ordinance No, 2664 -2012 Page 10 of 19 DELETE AND SUBSTITUTE THE FOLLOWING: FOUNDATION WALLS LOCATED BELOW GRADE SHALL BE DAMPPROOFED WITH EITHER 2 -PLY OF 15 LB. HOT - MOPPED FELT OR 1 PLY OF 30 LB. HOT - MOPPED FELT OR OTHER APPROVED MATERIALS, WATER RESISTANT GYPSUM BOARD SHALL NOT BE USED ON EXTERIOR WALLS. 8702.3.6 FASTENING. ADD THE FOLLOWING SENTENCE AT THE END OF THE PARAGRAPH: GYPSUM BOARD APPLIED IN CEILINGS SHALL BE ATTACHED WITH SCREWS. NAILS ARE NOT ALLOWED. AMEND SUBSECTION 802.3 BY ADDING A PARAGRAPH AS FOLLOWS: MINIMUM DEPTH FROM ROOF SHEATHING TO WALL PLATE AT EXTERIOR WALLS TO BE 9 INCHES ON DWELLING UNITS. ADD THE FOLLOWING SENTENCE AT THE END OF THE PARAGRAPH: MINIMUM DEPTH OF TRUSS AT EXTERIOR WALL PLATE TO BE 9 INCHES ON DWELLING UNITS. ADD THE FOLLOWING SENTENCE TO END OF PARAGRAPH: New Text Underlined; [DELETED TEXT BRACKETED] Page 206 of 266 Ordinance No. 2664 -2012 Page 1 I of 19 A NON - VENTILATED ROOF SYSTEM MAY BE ALLOWED AS AN ALTERNATE METHOD WHEN ITS DESIGN IS APPROVED BY THE BUILDING OFFICIAL. DELETE THE PARAGRAPH AND REPLACE WITH THE FOLLOWING: 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. DELETE PARAGRAPH AND REPLACE WITH THE FOLLOWING: FOR ROOF SLOPES FROM 3 VERTICAL UNITS IN 12 HORIZONTAL UNITS (3:12) UP TO 4 VERTICAL UNITS IN 12 HORIZONTAL UNITS (4:12), UNDERLAYMENT SHALL BE TWO LAYERS OF NON - PERFORATED TYPE 15 FELT APPLIED SHINGLE FASHION. UNDERLAYMENT SHALL BE INSTALLED STARTING WITH A 19 -INCH LAP OVER ICE PROTECTION. EACH SUBSEQUENT SHEET SHALL BE LAPPED 19 INCHES HORIZONTALLY, CONTINUING TO THE RIDGE, FASTENED SUFFICIENTLY TO HOLD IN PLACE. FOR SLOPES 4 UNITS VERTICAL IN 12 UNITS HORIZONTAL (4:12), OR GREATER 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 INCHES VERTICALLY TO SHED WATER CONTINUING TO THE RIDGE, FASTENED SUFFICIENTLY TO HOLD IN PLACE. ICE PROTECTION WILL BE IN ACCORDANCE WITH 8905.2.7.1. ADD THE FOLLOWING AT THE END OF THE PARAGRAPH: FLASHING SHALL BE NOT LESS THAN 4 INCHES BY 4 INCHES IN WIDTH. DELETE 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 (I- PERCENT SLOPE)." ADD THE FOLLOWING TO THE END OF THE PARAGRAPH: New Teat. Underlined; [DELETED TEXT BRACKETED) Page 207 of 266 Ordinance No, 2664 -2012 Page 12 of 19 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, L" AMEND BY DELETING CHAPTERS 11 -42 IN ITS ENTIRETY AND REFERRING TO APPLICABLE CODES AS ADOPTED IN KMC.j The International Residential Code 12009 Edition) is adopted by reference with the following revisions; Amend #1 to read: One story accessory structures used as tool and storage Amend #10 to read: Free standing decks not structurally attached to another building and not exceeding 30 inches above grade. ' ♦ r:.. Amend by adding a new sentence to read: A building permit shall expire two i2! vears after the date of issuance unless an extension has been granted as provided in this subsection. Amend by deleting the reference "ICC Electrical Code" and replacing it with "Electrical Code adopted by KMC." ]50 %} of the building permit fee for Group R -3 and Group U -1 Plan review fees shall be paid at the time applications for building permits are submitted New Text underlined; [DELETED TEXT BRACKETED] Page 208 of 266 Ordinance No. 2664 -2012 Page 13 of 19 rr Section Board of appeaU. Delete the entire section. Refer to KMC Chanter 4.40. .� Delete the entire section. Refer to KMC Chapter 4.40. 8301.1.3 Engineered Design. Delete the entire section. 8301.2.1.1 Design criteria. Delete the entire section. Table R301.2I16 Climatie and Geogranhic Design Criteria. Add the following information to the table: Ground snow load 70 PSF Wind Speed 110 MT) Seismic Design Category D2 Subject to damage from: Weathering Yes. severe Frost Line Depth 42" Term ;te No Dec av _ No Winter Design Temperature -18 deg F Flood Hazards No Ice shield underlavraent Yes required Air freezing index 3000 Mean annual temperature 35 degrees New Text Undglined; (DELETED TEXT BRACKETED) Page 209 of 266 Ordinance No, 2664 -2012 Page 14 of 19 Amend by deleting paragra )hhs R301.2.2.1.1. R301.2.21,2, R301.2.2.2, and Table R301.2.2,1.1 and replacing them with the following: The seismic design category for the City of Kenai shall be D2. �:3aq- jmwiJRT.T''i71 EtiT'!'lSS""171 T. ..A Delete entire section, Amend by deleting exceptions #3 and #4. Amend by deleting the phrase "one hour fire resistance rated wall" and replacing it with "two hour fire resistance rated wail unless sprinklered per NFPA 13D." 8302.2.4 Structural Independence. Delete Exception 415 and replace with: 5. Townhouses separated by a common 2 -hour fire resistance rated wall as provided in Section R302.2 or a 1 -hour wall as provided in Section R302.2 and sprinklered per NFPA 13D. Amend the second sentence by adding the words "self closing" before the words "solid wood doors." r Amend by replacing all references to 1(2 -inch material to 5!8 -inch material 8313 Automatic Fire Sprinkler Systems. Delete the entire section, R315.1< 315.2 and 315.3. Delete and replace as follows: New Text. Underlined; (DELETED TEXT BRACKETEDI Page 210 of 266 Ordinance No. 2664 -2012 Page 15 of 19 Exceptions: 1, Carbon monoxide detectors and alarms are not required in du >ellin unfits that have all of the following: a. no combustion appliances b. no attached garage. C. no vehicle parking within 25 feet of any direct air intake opening Individual dwelling unit. alarms may be powered by battery or a card - and -plug with battery backup Add a new Section as follows: or created in existing dwellings, the individual dwelling unit shall be provided with carbon monoxide detectors as required in section R315.1 Carbon monoxide detectors shall be permitted to be electric l outlet type with battery back up when installed in Delete entire section. R401.2 Requirements. New Text Underlined; [DELETED TEXT BRACKETED] Page 211 of 266 Ordinance No. 2664 -2012 Page 16 of 19 Add the follgw exception: Wood foundations shall have a minimum 16 -inch x 10 -inch reinforced concrete footing. Add a new subsection R402.1.3 Restraint for Wood Foundations to read: Basement. A 4 -inch thick concrete slab poured against the studs If a wooden screed is used, it shall be pressure treated Douglas fir or hem fir. Crawlspace. Option 1: A minimum 5 -inch wide by 4 -inch deep concrete curb poured against the inside face of the studs. The kicker shall be reinforced with a continuous horizontal No. 3 reinforcing bar. If the kicker is not poured with the continuous concrete footing, it may be poured later provided vertical #3 reinforcing bars x10 inches long shall be cast into the footing at 2 feet on center. They shall extend 2 inches above the top of the footing. The continuous #3 bar shall be secured to the vertical #3 bars. Option 2: Installation of preservative treated 4" x 4 "s with a minimum 1 /2" x 12" galvanized anchor bolts at 24" O.C. installed in footing against the inside face of studs alone the entire perimeter. Exception: The above need not apply if a suitable alternate design is prepared by an engineer registered in the State of Alaska and is approved by the Building Official. R4 02.1.4 Damppsroo ng for wood foundation. walls. Add a new subsection, R402.1.4 Dampproofing for wood foundation walls to read: Approved dampnroofmg shall be applied over the below -grade portion of exterior basement and crawlspace walls prior to backfilling. A treated lumber or plywood strip shall be attached to the wa.0 to cover the top edge of the approved dampproofing The wood strip shall extend at least two (2) inches above and five f5} inches below finish grade level to protect the approved damonroofing from exposure to light and from mechanical damage at or near grade. The joint between the strip and the wall _shall be caulked full length prior to fastening the strip to the wall. Alternatively, brick stucco or other coverng appropriate to the architectural treatment may be used in place of New Text Underlined; !DELETED TEXT BRACKETED Page 212 of 266 Ordinance No, 2664 -2012 Page 17 of 19 the wood strip. The approved dampproofmg shall extend down to the bottom of the concrete footing. R403.1.1 Minimum size. Amend the third sentence to read: All footings shall be at least 10 inches in thickness. u.. Delete the exception. Delete and replace with: Foundations with stemwalls shall be provided with a minimum of one No. 4 bar at the ton of the wall for concrete masonry unit stemwalls one No 4 bar at the top of the wall for poured concrete stemwalls and two No. 5 bars at the bottom of all footings. Amend the first sentence by changing the number "4" to "52' Amend the exception by deleting the phrase "one No 5 bar" and replacing it with "two No. 5 bars," Further amend the exception by deleting the phrase "or two No 4 bars." Amend by deleting the phrase "6 feet on center" and replacing it with "four feet on center." Further amend by deleting the measure of "1 /z inch" and_ replacing it with "5/8 inch." M JIM. Delete the column for nails as a fastener. Amend by adding the following sentence at the end of the paragraph Gypsum board shall be attached with screws. Nails are not allowed. New Text Underlined; [DELETED TEXT BRACKETED] Page 213 of 266 Ordinance No, 2664 -2012 Page 18 of 19 Amend by adding the following, sentence to the end of the paragraph: A non- ventilated roof system may be allowed as an alternate method when its design is approved by the Building Official. Amend by deleting Chapters 11 -42 in their entirety. Instead refer to other applicable codes as adopted in KMC. 4.32.020 Building Official. The Building Official of this City shall have the powers, duties, and functions prescribed for the "Building Official" by the International Residential Code adopted by KMC 4,32.010, provided the powers, duties and functions may be performed by authorized representatives of the Building Official and under his or her supervision and control. 4.32,030 Fee schedule. [SECTION R108.2 OF THE INTERNATIONAL RESIDENTIAL CODE ADOPTED BY THIS CHAPTER IS AMENDED TO READ: ADD THE FOLLOWING TO THE END OF THE PARAGRAPH: THE FEES FOR CONSTRUCTION OF GROUP R -3 AND GROUP U -1 OCCUPANCIES, OR PORTIONS THEREOF, AS SET FORTH IN THE CITY'S SCHEDULE OF FEES ADOPTED BY THE CITY COUNCIL. PLAN REVIEW FEES SHALL BE FIFTY PERCENT (SO %) OF THE BUILDING PERMIT FEE FOR GROUP R -3 AND GROUP U -1, PLAN REVIEW FEES SHALL BE PAID AT THE TIME APPLICATIONS FOR BUILDING PERMITS ARE SUBMITTED.] Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. New Text Underlined; [DELETED TEXT ERACRETED] Page 214 of 266 Ordinance No. 2664 -2012 Page 19 of 19 Five Sandra Modigh, CMC City Clerk PAT PORTER, MAYOR Introduced: December 19, 2012 Adopted: January 2, 2013 Effective: February 2, 2013 New Text Underlined; ,DELETED TEXT BRACKETED) Page 215 of 266 210 Fidalgo Avenue, Kenai, Alaska 99011.7794 Telephone: 907- 283 -75351 Fax 907.283 -3014 e ww.ci.kenai.ak.us 11111, w 19966662 To: City Council Through: rick Koch, City Manager From: Larry Floyd, wilding Official A Date: December 11, 2032 Re: 2009 International Residential Code adoption The City of Kenai has historically adopted the latest edition of the International Residential Code as the standard for the new home construction in the City. The City is adopting the other International Codes that work in conjunction with the Residential Code for consistency of enforcement. I therefore recommend the adoption of the 2003 International Residential Code as amended to consistently enforce the International Code standards for all construction in the City. Page 216 of 266 LAW Suggested by: Administration d1U "71 � a v . W AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING CHAPTER 4.33, INTERNATIONAL EXISTING BUILDING CODE, BY ADOPTING THE 2009 EDITION OF THE INTERNATIONAL EXISTING BUILDING CODE AND MAKING LOCAL AMENDMENTS. WHEREAS, the City previously adopted the International Existing Building Code, 2006 Edition, of the International Code Council, including the appendices and with certain local amendments; and, WHEREAS, the International Code Council updated the International Existing Building Code in 2009; and, WHEREAS, the City's Building Official accordingly recommends adoption of the 2009 Edition of the International Existing Building Code, with certain amendments; and, WHEREAS, it is in the best interest of the City to adopt the 2009 Edition of the International. Existing Building Code and the updated standards therein, as amended for the City, in order to protect the health, safety, and welfare of its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1. Form: This is a Code ordinance. Section 2. Amendment of Chapter 4.33 of the Kenai Municipal Code: The Kenai Municipal Code, Chapter 4.33, international Existing Building Code, is hereby amended as follows: Chapter 4.33 4.33.010 Adoption. 4.33.015 Local amendments to 2009 International 4.33.020 Building Official. 4.33.0 30 Fee schedule. 4.33.010 Adoption. There is hereby adopted for the purpose of establishing rules and regulations for the (ABATEMENT OF DILAPIDATED, DEFECTIVE BUILDINGS WHICH ENDANGER LIFE, HEALTH, PROPERTY, AND PUBLIC SAFETY] repair, alteration, change of occunancv addition and relocation of existing buildings including historic buildings, that certain code known as the International Existing Building Code, 2001619 Edition, Page 217 of 266 Ordinance No. 2665 -2012 Page 2 of 3 of the International Code Council except for such portions as are hereinafter deleted, modified, or amended, and the same is hereby adopted and incorporated as fully as if set out verbatim herein. 4.33.015 Local amendments to the 2009 International Eydsting Building Code. The 2009 International Existing Building Code is adopted by reference with the following revisions: Amend by deleting the [DELETE] references to "International Plumbing Code" and by replacing them with [INSERT REFERENCE] "Plumbing Code as adopted by KMC[.]" wherever these references occur. Amend by deleting the [DELETE] references to "International Electrical Code" and by replacing them with [INSERT REFERENCE] "Electrical Code as adopted by KMC[.]" wherever these references occur. Amend by deleting li [DELETE] references to "International Energy Conservation Code." Section 103 Department of Building Safety. Delete the entire section. Section 108.3 Schedule of Permit Fees. Delete the entire section. Refer to KMC 4.33.030. Section 112 Board of Appeals. Delete the entire section. Refer to ["CHAPTER 4.40 OF KMC. "] KMC 14.20.290. 4.33.020 Building Official. The Building Official of this City shall have the powers, duties, and functions prescribed for the "Code Official" by the International [PROPERTY MAINTENANCE] Existing Building Code[,] adopted by KMC 4.33.010 provided the said powers, duties, and functions may be performed by authorized representatives of the Building Official and under his or her supervision and control. 4.33.030 Fee schedule. Fees or charges under the International Existing_ Buildings Code as adopted by this Chanter shall be as set forth in the City's schedule of rates, charges and fees adopted by the City Council. [SECTION 108.2 OF THE INTERNATIONAL EXISTING BUILDING CODE ADOPTED BY THIS CHAPTER IS AMENDED TO READ: ADD THE FOLLOWING TO THE END OF THE PARAGRAPH: "UNDER FEE SCHEDULE ESTABLISHED IN KMC 4.32.030."1 New Text Underlined; [DELETED TEXT BRACKETED] Page 218 of 266 Ordinance No, 2665 -2012 Page 3 of 3 Section 3. Severability: If any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: Pursuant to KMC 1.15.070(f), this ordinance shall take effect one month after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of January, 2013. ATTEST: Sandra Modigh, CMC City Clerk PAT PORTER, MAYOR Introduced: December 19, 2012 Adopted: January 2, 2013 Effective: February 2, 2013 New Text Underlined; [DELETED TEXT BRACKETED] Page 219 of 266 MM- 210 Fidalgo Avenue, Kenai, Alaska 99611.7794 ld Telephone: 907.283 -7535 / Fax: 907.283 -3014 w .ci.kenai.ak.us ,1s!( l Ir 1992 To: City Council Through: Hick. Koch, City Manager / From: Larry Floyd, Building Official Date: December 11, 2012 e Ile: 2009 International Existing Building Code Adoption The City of Kenai has historically adopted the latest edition of the international Existing Building Code as the standard applied for the repair, alteration, change of use or additions to existing buildings in the City. The City is adopting the other International Codes that work in conjunction with the Existing Building Code for consistency of enforcement, I therefore recommend the adoption of the 2009 International Existing Building Code as amended to consistently enforce the International Code standards for new and existing building construction. Page 220 of 266 Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT BY $15,000 FOR A PROFESSIONAL SERVICES AGREEMENT TO LEIBOWITZ & HORTON AIRPORT MANAGEMENT CONSULTANTS INC. TO ASSIST IN PREPARING AND NEGOTIATING A NEW, FIVE -YEAR AIRLINE OPERATING AGREEMENT AND REVIEWING LANDING AND RAMP FEES FOR THE KENAI MUNICIPAL AIRPORT. WHEREAS, the Kenai Municipal Airport's current Airline Operating Agreements are set to expire on May 31, 2013; and, WHEREAS, professional assistance in the preparation and negotiation of the Airline Operating Agreement is in the best interest of the Airport and its tenants; and, WHEREAS, the Airport has selected the firm of Leibowitz and Horton Airport Management Consultants Inc. to provide professional assistance for the project; and, WHEREAS, Leibowitz and Horton Airport Management Consultants Inc. consulted to the Airport on the prior agreement and their knowledge and experience resulted in an agreement that has been beneficial to both the Airlines and the Airport. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Airport Fund Increase Estimated Revenues: Appropriation of Fund Balance $15,000 Increase Estimated Appropriations: Airport Administration — Professional Services $7,500 Airport Airfield -- Professional Services 7,500 S15,000 BE IT FURTHER ORDAINED, a contract for professional services not to exceed $15,000 shall be awarded to Leibowitz and Horton Airport Management Consultants Inc, to assist in preparation and negotiation of a new Kenai Airport Airline Operating Agreement, New Text Underhned;[DELETED TEXT Page 221 of 266 Ordinance No. 2666 -2012 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of January 2013. ATTEST: Sandra Modigh, City Clerk Approved by Finance: --- PAT PORTER, MAYOR, Introduced: December 19, 2013 Adopted: January 2, 2013 Effective: January 2, 2013 New Text. Underlined; (DELETED TEXT BRACKETED] Page 222 of 266 as r' s,. .y WD n 1 FAX 907,W3-3737 To: Rick R. Koch — City Manager From: Macy L. Bondurant - Airport Manager Date: December 12, 2012 Subject: appropriationo/ funds — Professional Services Contract The Airport is requesting the appropriation of $15,000 to enter into a professional services contract with Liebowitz & Horton Airport Management Consultants, Inc. to assist the City Administration in negotiating the renewal of the current airline operating agreement and terminal building lease which expires on May 3I, 2013. Liebowitz & Horton is the firm that drafted the original agreement in 2007 which has proved financially beneficial to the Airport allowing costs associated with operations to be recovered. Federal regulations allow airports to charge airlines rates that reflect the full recovery of airport costs. I recommend appropriation of funds and City Administration entering into a professional services contract with Liebowitz & Horton, Inc., who is the most knowledgeable firm available to the City and will ensure the Airport has an agreement that reflects the current industry standard. Please contact me with any questions. Cc: Terry Eubank— Finance Director www.kenaiairport.com Page 223 of 266 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 224 of 266 KENAI, ALASKA \W Wani AFC Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE WILDWOOD DRIVE RECONSTRUCTION, MARATHON ROAD & WILLOW STREET IMPROVEMENTS CAPITAL PROJECT FUND AND INCREASING ESTIMATED REVENUES AND APPROPRI.ATIONS IN THE CITY SHOP CAPITAL PROJECT FUND FOR THE CONSTRUCTION OF A NEW CITY SHOP UTILIZING GRANT FUNDS FROM THE STATE OF ALASKA FOR THE PROJECT. WHEREAS, the City received a grant in the amount of $4,000,000 from the State of Alaska for Citywide road and infrastructure improvement; and, WHEREAS, $340,000 was originally appropriated for the purchase of Wildwood Drive road right -of -way; and, WHEREAS, the purchase of Wildwood Drive right -of -way is no longer a planned project; and, WHEREAS, the administration believes the grant funds will be better used in construction of the new City Shop; and, WHEREAS, construction of a new maintenance shop will provide for the more efficient maintenance of all City equipment and is in the best interest of the City and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased and decreased as follows: Wildwood Drive Reconstruction, Marathon Road & Willow Street irnprovements Capital Project Fund Decrease Estimated. Revenues: State Grant $340,000 Decrease Estimated Expenditures Land $340,000 City Shop Capital Project Fund Increase Estimate Revenues: State Grant $340,000 Increase Appropriations: Construction $340,000 New Text Underlined; [DELETED TEXT BRACKETED] Page 225 of 266 Ordinance No. 2667 -2012 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of January, 2013. PAT PORTER, MAYOR ATTEST: Sandra Modigh, City Clerk Approved by Finance: Introduced: December 19, 2012 Adopted: January 2, 2013 Effective: January 2, 2013 New Teri Underlined; [DELETED TEXT Page 226 of 266 To: Rick Koch, City manager From: Terry Eubank, Finance Director Date: December 13, 2012 Re: Ordinance 2667 -201.2 Ordinance 2667 -2012 redirects $340,000 of State grant funds previously appropriated for the purchase of road right -of -way under Wildwood Drive. The administration has determined that the purchase of the right-of-way is not in the best interest of the City at this time and the funds would be better used for construction of the new City Shop. Phase 1, schematic 35% drawings and cost estimate, of the new City Shop project has been completed. Current cost estimates are for the project to cost $4,000,000 in total. Total funding for the project will include State grant funds, General Fund Capital Improvement Reserve Funds, and Unreserved General Fund Balance. The following is a detail of total project funding: State Grant 09 -DC -214 $ 129,119.28 State Grant I3 -DC -573 1,870,880.72 General Fund Capital Improvement Reserve Funds 500,000.00 General Fund Unreserved Fund Balance 1.500.000.00 $4.000.000.00 Ordinances 2668 -2012 and 2669 -2012 will provide the remaining portion of State grant funds and the General Fund's $2,000,000 contribution to the project if adopted. Page 227 of 266 Y�1�y]eCd�F'l �Yi�Y�C+7I_R�'J��i:1In11 Page 228 of 266 )160i74i:�Y- M G� Ti7i�.C�1 aii+(i�►�ci:'fiS�it Suggested by: Administration AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE MUNICIPAL ROADWAY IMPROVEMENTS CAPITAL PROJECT FUND AND INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE CITY SHOP CAPITAL PROJECT FUND FOR THE CONSTRUCTION OF A NEW CITY SHOP UTILIZING GRANT FUNDS FROM THE STATE OF ALASKA FOR THE PROJECT. WHEREAS, the City received a grant in the amount of $4,000,000 from the State of Alaska for Citywide road and infrastructure improvement; and, WHEREAS, Ordinance 2646 -2012 appropriated the $4,000,000 state grant and appropriated $296,000 it, the Municipal Roadway Improvements Capital Project Fund for projects to be identified later; and, WHEREAS, the administration would like to direct $30,880.72 of these funds without a project to the construction of a new City Shop; and, WHEREAS, construction of a new maintenance shop will provide for the more efficient maintenance of all City equipment and is in the best interest of the City and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased and decreased as follows: Municipal Roadway Improvements Capital Proiect Fund Decrease Estimated. Revenues: State Grant $30,880.72 Decrease Estimated Expenditures Construction $30,880.72 Citv Shop Capital Project Fund increase Estimate Revenues: State Grant $30,880.72 Increase Appropriations: Construction $30,880.72 New Text Underlined; (DELETED TEXT $RACKETED) Page 229 of 266 Ordinance No. 2668 -2012 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of January, 2013. ATTEST: PAT PORTER, MAYOR Sandra Modigh, City Clerk Approved by Finance: ._._ New Text Underlined; Page 230 of 266 Introduced: December 19, 2012 Adopted: January 2, 2013 Effective: January 2, 2013 BRACKETED] NIZ To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: December 13, 2012 Re: Ordinance 2668 -2012 Ordinance 2668 -2012 directs $30,880.72 of State grant funds previously appropriated but not assigned to a specific project, to the New City Shop Construction Project. Ordinance 2646 -2012 appropriated a $4,000,000 State Grant to various specific projects and $296,000 to project to be identified later_ The Administration is now seeking to direct $30,880.72 of these unassigned funds to the New City Shop Project. Phase 1, schematic 35% drawings and cost estimate, of the new City Shop project has been completed, Current cost estimates are for the project to cost $4,000,000 in total. Total funding for the project will include State grant funds, General Fund Capital Improvement Reserve Funds, and Unreserved General Fund Balance. The following is a detail of total project funding: State Grant 09 -DC -214 $ 129,11928 State Grant 13 -DC -573 1,870,880.72 General Fund Capital Improvement Reserve Funds 500,000.00 General Fund Unreserved Fund Balance 1.500,000.00 $4,000.000.00 Ordinances 2667 -2012 and 2669 -2012 will provide the remaining portion of State grant funds and the General Fund's $2,000,000 contribution to the project if adopted. Page 231 of 266 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 232 of 266 Suggested by: Administration t6 t<'.y qF CITY OF KENAI KENAI, ALASKA V ORDINANCE NO. 2669 -2012 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $2,000,000 IN THE GENERAL AND NEW CITY SHOP CAPITAL PROJECT FUNDS. WHEREAS, the total cost of the proposed new City Shop is $4,000,000; and, WHEREAS, grant funds totaling $2,000,000 have been appropriated for the project; and, WHEREAS, the remaining $2,000,000 will be provided from the City's General Fund Capital Improvement Reserve, $500,000 and General Fund Unreserved Fund Balance, $1,500,000; and, WHEREAS, the City's Capital Improvement Reserve Fund currently has a balance of $509,746; and, WHEREAS, construction of a new maintenance shop will provide for the more efficient maintenance of all City equipment and is in the best interest of the City and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: General Fund Increase Estimated Revenues: Appropriation of Designated Fund Balance $ 500,000 Appropriation of Unreserved Fund Balance 1,500,000 $2,000,000 Increase Appropriations: Transfer to - New City Shop Capital Project Fund $2,000,000 New Citv Shop Capital Project Fund Increase Estimated Revenues: Transfer In - General Fund $2,000,000 Increase Appropriations: Construction $2,000,000 New Text Underlined; (DELETED TEXT BRACKETED) Page 233 of 266 Ordinance No. 2669 -2012 Page 2 of 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of January, 2013. ATTEST: Sandra Modigh, City Clerk Approved by Finance: 2 PAT PORTER, MAYOR Introduced: December 19, 2012 Adopted: January 2, 2013 Effective: January 2, 2013 New Text Underlined; [DELETED TENT BRACIMTED) Page 234 of 266 To: Rick Koch, City Manager From: Terry Eubank, Finance Director Date: December 13, 2012 Re: Ordinance 2669 -2012 Ordinance 2669 -2012 appropriates $2,000,000 from the General Fund for construction of a new City Shop. $500,000 will come from the City's Capital Improvement Reserve which has a balance, prior to the transfer, of $509,746. The remaining $1,500,000 will come from General Fund Unreserved Fund Balance. Phase 1, schematic 35% drawings and cost estimate, of the new City Shop project has been completed_ Current cost estimates are for the project to cost $4,000,000 in total. Total funding for the project will include State grant funds, General Fund Capital Improvement Reserve Funds, and Unreserved General Fund Balance. The following is a detail of total project funding: State Grant 09 -DC -214 $ 129,119.28 State Grant 13 -DC -573 1,870,880.72 General Fund Capital Improvement Reserve Funds 500,000.00 General Fund Unreserved Fund Balance 1,500,000.00 $4.000.000.00 It should be noted that because this appropriation uses $500,000 from the Capital Improvement Reserve Fund as its source of revenue. Pursuant to KMC 7.250.070(c), five affirmative votes of the Council will be required for passage. Ordinances 2667 -2012 and 2668 -2012, if adopted, will provide the General Funds the additional State grant funds need for the total project budget of $4,000,000. Page 235 of 266 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 236 of 266 A quorum was present. s -• greIRMN Commissioner Castillo MOVED to approve the agenda as presented and Commissioner Stephens SECONDED the motion. There were no objections. SO ORDERED. a. September 6, 2012 E. October 4, 2012 117,14[•7{1 Commissioner Stephens MOVED to approve the meeting summaries of September 6 and October 4 and Commissioner Castillo SECONDED the motion. There were no objections. SO ORDERED. a. Discussion — Draft Capital Improvement Plan Parks and Recreation Director Frates reviewed the draft Capital Improvement Plan and general discussion occurred. The following suggestions were made: e Move the fan system for the Multipurpose Facility from 2015 to 2014. Page 237 of 266 • Move the Kenai Softball Complex upgrade in FY2016 to priority number 2. • Add East End Trail and Kenai Golf Course lighting to "other projects that were considered." It was requested that changes be sent to the absent commissioners for their review. Frates noted he would mail changes to commissioners. b. Discussion — Review of 2012 Kenai River Dipnet Fishery Report Frates reviewed the 2012 Dipnet Fishery Report, highlighting challenges and impacts to the department and noted changes for the 2013 season could include fee structure and disposal of fish waste. Council Member Bookey noted there would be a Council work session on January 7, 2013 to discuss the report and review next season's operation. a. Commission Chair — Tunseth noted the possibility of the formation of a basketball association in the future that would manage the adult basketball program currently offered by the Boys and Girls Club. b. Director — Frates reported on new office space, equipment purchases and ice conditions at Daubenspeck Park. c. City Council Liaison — Council Member Bookey reported on the last City Council meeting. 8. NEXT MEETING ATTENDANCE NOTIFICATION a. February 7, 2013 No commissioners requested an excused absence from the February 7, 2013 meeting. a, �+ ♦i 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD —None. 11. INFORMATION a. Resolution No. 2012 -59 -- Supporting KCHS & SOHO Joint Bid to Host the State of Alaska High School Track and Field Championships for the Years 2014, 2015, and 2016. b. Resolution No. 2012 -60 — Supporting KCHS & SOHO Joint Bid to Host the State of Alaska High School Hockey Tournament for the Years 2014, 2015, and 2016. PARKS AND RECREATION COMMISSION MEETING DECEMBER 6, 2012 PAGE Page 238 of 266 There being no further business before the Commission, the meeting was adjourned at approximately 8:50 p.m. Meeting summary prepared and submitted by: Corene Hall, CIVIC, Deputy City Clerk PARKS AND RECREATION COMMISSION MEETING DECEMBER 6, 2012 PAGE 3 Page 239 of 266 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 240 of 266 Chair Twait called the meeting to order at approximately 7:00 p.m. mnz�= Chair Twait led those assembled in the Pledge of Allegiance. Roll was confirmed as follows: Commissioners present: Chair J. Twait, H. Knackstedt, J. Arness, K. Peterson, C. Smith Commissioners absent: P. Bryson (excused) Staff /Council Liaison present: Planning Assistant N. Carver, Council Member T. Navarre, Deputy City Clerk C. Hall A quorum was present go ,-•.. 1 = Commissioner Knackstedt MOVED to approve the agenda as presented and Commissioner Smith SECONDED the motion. There being no objections, SO ORDERED. • i = Commissioner Smith MOVED to approve the consent agenda and Commissioner Peterson SECONDED the motion. There being no objections, SO ORDERED. e. *Excused Absences Approved by consent agenda. *All items listed with an asterisk ( *) are considered to be routine and non - controversial by the Commission and will be approved by one motion, There will be no separate discussion of these items unless a Commission Member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda Page 241 of 266 a. as part of the General Orders. 2. "APPROVAL OF MINUTES a. "November 28, 2012 E. November 28, 2012 -Work Session Meeting Summary (Information Only) 6. UNFINISHED BUSINESS — None. 7, NEW BUSINESS — None. 6. PENDING ITEMS — None. 9. REPORTS a. City Council — Council Member Navarre reported on the issue of the bird viewing platform on the Kenai Flats. b. Borough Planning — No report. c. Administration — Carver requested the Clerk's Office cancel the second meetings in November and December 2013 due to the holidays, noted the City Manager, City Attorney and City Clerk would attend the first meeting in January to discuss commission /committee responsibilities, roles, issues, and; noted a work session regarding raising chickens within the City would be scheduled. Mark Schrag, 312 Princess — spoke about maintaining a balance between being business friendly and maintaining an attractive place to live, noting businesses would come to the City when the population warranted it. Bob Molloy, 513 Ash — thanked the Commission for their service during the past year and wished them Merry Christmas. iA1 � 1�+7.7sTi1= 11i {s7� �Yt4� "i4 a. Board of Adjustment Decision - Enforcement Order and Condemnation Order - Lashbrook, Sandra PLANNING AND ZONING COMMISSION MEETING DECEMBER 12, 2012 PAGE 2 Page 242 of 266 b. 2013 Planning & Zoning Meeting Schedule c. Planning & Zoning Commissioner List WWI There were no requests for excused absences from the January 9, 2013 meeting. 13. COMMISSION COMMENTS & QUESTIONS Commissioner Knackstedt wished everyone Merry Christmas, 14. ADJOURNMENT There being no further business before the Commission, the meeting was adjourned at approximately 7:13 p.m. Minutes prepared and submitted by: Corene Hall, CIVIC, Deputy City Clerk PLANNING AND ZONING COMMISSION MEETING DECEMBER 12, 2012 PAGE Page 243 of 266 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 244 of 266 v i TO: City Council FROM: Rick Koch, City Manager DATE: December 13, 2012 • i f l l • t The purpose of this correspondence is to inform Council that I have not had the time to analyze the full spectrum of options regarding rents at Vintage Point (non - subsidized and subsidized), in order to have discussions with the residents at Vintage Point and submission to Council prior to the end of the year. identifying methods to address subsidized rents has been problematic. For example, identifying a process, or processes to determine if a resident would qualify for subsidized rent, and what should be the specific criteria. Should the determining criteria include income, assets, a combination of the two, etc.? I should have a range of options analyzed to discuss with the residents in Vintage Point sometime in January, and then will present that information to Council. Thank you for your attention in this matter. If you have any questions, please contact me at your convenience, Page 245 of 266 y PUBLIC WORKS DIRECTOR I CAPITAL PROJECTS MANAGER—: NOVEMBER ra MID-MONTH � TO: Rick Koch, City Manager FROM Sean Wedemeyer Public Works Director /Capital Projects Manager j/ DATE. December 12, 2012 SUBJECT. Mid - Month Report, Public Works / Capital Projects Ii1L"flq� • Streets Department performing snow removal and sanding operations. • Hired James Marrow as our Lead Building Maintenance Technician. • Professional Services Agreement routing through administration to hire R &M consultants to conduct a Feasibility Study associated with potential dredging at the City Dock. Status of Projects: • New Maintenance Shop 35% / 100% Design — 35% Schematic Design drawings received from Wolf Architecture. An amendment No. 1 to Wolf Architecture to provide 100% For Construction Bid Set drawings and Bidding Assistance and Construction Administration is in progress. • Siemens Energy Audit — Work session set for Wednesday, December 19 at 5pm to discuss loan and project. • James Street / Scenic Overlook Paving — Project suspended for winter. • Municipal Park Improvements - Project suspended for winter. • Kenai Industrial Park.— Conceptual redesign has been provided to the city with 3 options to split the project into 2 phases. Option 2 has been chosen, next review set of drawings to be provided mid January. • Water Treatment Facility — Closeout of punch list issues in progress. New well transmission line and meter pit design under review. • Airport Automatic Door replacement - Project substantially complete. Trim and final cleanup remains. • Airport Way & Main Street Asphalt Upgrades - Design complete. To be bid in January. • Central Heights Roadway Improvements -Waiting for electrical engineer to complete lighting design. Next review set of drawings to be provided mid January. • Vintage Point and Senior Center Siding - Wolf Architectural recommends full set of drawings and specifications in lieu of a minimal performance specification. • Parks and Recreation Tent Erection - To be bid in spring. Page 246 of 266 TO: Rick Koch — City Manager FROM: Gus Sandahl — Police Chief a ti4- DATE: 12(92!92 Police handled 591 calls for service (up from 542 in November 2011). The Communications Center received 241 emergency 9 -1 -1 calls (158 from cell phones). Communications personnel handled 2,786 administrative phone calls during the month of November. Officers made 72 arrests and wrote 283 reports. Traffic enforcement resulted in 191 warnings, 38 speeding tickets, 3 seatbelt tickets, 21 citations for equipment violations, and 64 citations for "other" traffic violations. There were 10 DUI arrests (1 felony). Police investigated 18 vehicle crashes. One of the crashes was DUI- related, and 3 of the crashes involved moose. On November 15, Officer Williams attended a half day course on Advanced Digital Photography at the State Crime Lab. On November 16, Officer Herrin graduated from the DIPS academy in Sitka. Chief Sandahl attended the graduation ceremony. Officer Herrin has completed all field training and is patrolling on her own. On November 19, Rebecca Egan started Phase I of training as a new dispatcher SRO Prins had another busy month at the schools. He made the following presentations: DARE classes at Mt. View Elementary, Career Day at KPC; 18 Digital Media classes (KCHS, DJJ, and the KPBSD guidance counselors). He also attended a PAL event, and assisted with an Intruder Drill at KMS. He was assigned two theft reports from one of the schools. Six officers participated in a Police Athletic League (PAL) dodgeball event at the Boys and Girls Club. Both of KPD's new cruisers with new graphics are in service. As always, the Police Department is very appreciative of Joe's work at the City Shop in outfitting the cruisers. The all wheel drive Interceptors, with studless winter tires, handle well on winter roads. Page 247 of 266 Community Involvement Projects: 11!3(2012, Girl Scout Field Trip 11/10/2012, Cub Scout Field Trip *Boarded Trooper Greg Pealatere's K -9 Unit Anchor for 24 nights, from 11/5-11/29, We also coordinated with Extended Life Animal Sanctuary, Alaskan Animal Rescue Friends, Alaska Dog and Puppy Rescue, Pet Pride, and other rescue groups in Alaska to help place 32 animals for adoption in their organizations with assistance from our volunteers, and Era Aviation._ Page 248 of 266 2012 2011 2012 201.1 STRAY 62 60 ADOPTED 85 36 Dogs 32 37 Dogs 37 18 Cats 28 23 Cats 46 18 Other Species 2 0 Other ,species 2 0 RELEASE// BY OWNER 67 43 CLAIMED 20 10 Dogs 32 19 Hogs 17 7 Cats 35 24 Cats 3 3 Other Species 0 0 Other Species 0 0 D.O.A, 17 8 E9✓rTHANIZED 22 57 Dogs 14 5 Dogs 9 31 Cats 3 2 Cats 13 26 Other Species 0 1 Other Species 0 0 TOTAL ANrff1ALS 146 111 CDiher Iiistnosition 2 0 Known Borough Animals 19 21 Field Investigations 58 41 Total Bogs 78 61 Volunteer hours 50 100 Total Cats 66 49 Total phone 537 490 Total Other Species 2 1 Kennel Permits 0 0 Community Involvement Projects: 11!3(2012, Girl Scout Field Trip 11/10/2012, Cub Scout Field Trip *Boarded Trooper Greg Pealatere's K -9 Unit Anchor for 24 nights, from 11/5-11/29, We also coordinated with Extended Life Animal Sanctuary, Alaskan Animal Rescue Friends, Alaska Dog and Puppy Rescue, Pet Pride, and other rescue groups in Alaska to help place 32 animals for adoption in their organizations with assistance from our volunteers, and Era Aviation._ Page 248 of 266 November Circulation Figures Adult Fiction 1,511 Internet Access 1,107 Adult Non - Fiction 1,522 Dowuloadable Audio 311 Young Adult Fiction 283 Video I Periodicals 155 Room Booking 92 Juvenile Fiction 407 Music 173 Juvenile Non - Fiction 324 DVDs 2,728 Easy Fiction 1,641 Audio books 185 Easy Non - Fiction 493 Miscellaneous 152 Interlibrary Lout 27 Computer Programs 4 Total Print 6,363 Total Not -Print �,. _v 4,442 Total Circulation ^ i 10,805 In -House circulation 336 Library Door Count....... 7,156 Dowuloadable Audio 311 Freegal Music 93 Dowuloadable EBooks 321 In November we had 6 volunteers who worked putting in a total of 31 hours. There were 19 Children's programs with 472 total attendance and 11 adult programs with 31 participants. Kyrstin went to Head Start and read to 54 children. Inter Library Loan logged 41 orders with 44 items received, 41 returned and 25 items lent by our library to other institutions. Income Fines $ 910.95 Xerox 66.75 Lost /Damaged 88.53 Test Proctoring Fee 0.00 Printing 172.50 Other 40.00 Total income $1,278.73 Library Cards Issued November I ILL I Internet Only I Kasilof 4 Kenai 5 i Nikiski 3 Non Resident 6 Soldoma 13 Sterling 3 Organization & Other 0 Total 82 Page 249 of 266 To: Rick Koch, City Manager From: Rachael S. Craig, Senior Center Director Date: December 7, 2012 Total November Meal Count 2012 Served: Total Congregate Meals Served: 1,1.18 Total Home Meals Served: 2,027 Total November Meal Count 2011 . Served: Total Congregate Meals Served: 1,071 Total Home Meals Served: 1,814 During the month of November the senior center was rented once. Volunteers provided 1,015 service hours. Mental Health and CDBG grants were completed. Admin. Assistant assisted 38 senior clients with various Medicare, Medicaid, heating assistance, and public assistance forms as well as senior issues. We had a Veteran's Day dinner and honored each Veteran by recognizing each serviceman and the area of service. HilCorp and Marathon Oil sponsored the annual area -wide Thanksgiving Dinner. There were 220 present. A wonderful meal was prepared, artificial flower table decorations were door prizes along with HilCorp and Marathon Oil caps and aprons. A family volunteered their time and opened the senior center on Thanksgiving Day. They prepared food as well as organized the "potluck" dishes to share and served Thanksgiving dinner to 35 people. Riverside Assisted Living presented an overview on their new facility opening in Soldoma and Kenai. A care coordinator explained the procedure for applying for assisted living and qualifying for Choice Waiver Services. 56 seniors participated to the presentation. Seniors made and donated cookies for the "Christmas Comes to Kenai" event. Seniors and staff are collecting "Toys for Kids from Mountain View Elementary School. The toys will be picked up by volunteers on December 17th to be distributed where needed. A 12 -week Memory- autobiography class was started. We have 5 seniors that are reflecting on their childhood memories and writing brief memories to pass down to family members. REMEMBER: Bring your kids, grandkids, neighbors and cameras to , "Breakfast_ with Santa" on Friday, December 21 from 8:30 until I0a.m. Pancakes and juice will be served! Page 250 of 266 i PUBLIC CAPITAL ■ WORKS III I D E 11 PROJECTS IIII I Y I DECEMBER 2012 MID- ONTH TO: Rick Koch, City Manager FROM: Sean Wedemeyer Public Works Director /Capital Projects Manager DATE: December 12, 2012 SUBJECT: Mid - Month Report; Public Works / Capital Projects • Streets Department performing snow removal and sanding operations. • Hired James Marrow as our Lead Building Maintenance Technician. • Professional Services Agreement routing through administration to hire R &M consultants to conduct a Feasibility Study associated with potential dredging at the City Dock. Status of Projects: New Maintenance Shop 35% 1100% Design — 35% Schematic Design drawings received from Wolf Architecture. An amendment No. 1 to Wolf Architecture to provide 100% For Construction Bid Set drawings and Bidding Assistance and Construction Administration is in progress. ® Siemens Energy Audit — Work session set for Wednesday, December 19 at 5pm to discuss loan and project. + James Street / Scenic Overlook Paving — Project suspended for winter. ® Municipal Park Improvements - Project suspended for winter. Kenai Industrial Park — Conceptual redesign has been provided to the city with 3 options to split the project into 2 phases. Option 2 has been chosen, next review set of drawings to be provided mid January. Water Treatment Facility — Closeout of punch list issues in progress. New well transmission line and meter pit design under review. • Airport Automatic Door replacement - Project substantially complete. Trim and final cleanup remains. ® Airport Wav & Main Street Asphalt Upgrades - Design complete. To be bid in early 2013. ® Central Heights Roadway Improvements -Waiting for electrical engineer to complete lighting design. Next review set of drawings to be provided mid January, Vintage Point and Senior Center Siding - Wolf Architectural recommends full set of drawings and specifications in lieu of a minimal performance specification. ® Parks and Recreation Tent Erection - To be bid in spring. Page 251 of 266 �. r*V, 110 # ♦i Master Plan — The Phase I report is being updated with the final comments and sent to the FAA for review and approval, Phase li which includes Facility Requirements, Alternatives and Environmental Conditions and impacts has begun. Tree Obstruction Clearing Project: The FAA is conducting their final review of the plans and specs. The private property owners have been eliminated from the project. The project will be bid when approved by the FAA. Airfield Marking — Plans and specs are complete and the City's front -end bid documents are being prepared by the Airport and City Administration. The project will be advertised and bid with painting to start next summer. f Winter Snow Removal Operations; Winter is here and the crew has been very busy with plowing and deicing operations. The airlines are very appreciative of their efforts. The airport is once again advertising for temporary equipment operations. Airline Holiday schedules: Grant Aviation is closed on Christmas and New Years Day. Era Alaska's is operating on both holidays with a limited schedule. New Terminal gift Shop: Lark Ticen has opened Larks Alaska Gifts in the space by PJ's Diner just in time for the holidays! 2012 -12 Page 252 of 266 E 5,262 31.18% GRANT 2,384 month ERA AVIATION I GRANT Total YTD In AVIATION 2672 2611 Change from 2011 KENAI AVIATION Combined Month Total Janua 5,436 2,179 7,615 6,782 1 833 171 -� 7,786 Februa 30II 2190 7,498 6,698 800 168 7,656 Mar ch 6,294 2,2231 7,525 7,193 1 332 192 1 7,717 IA rii 4,678 2,092 6,970 6,609 361 194 7,164 Ma 6.152 2,339 8,491 6,971 ' 1,520 312 8,863 June 5.752 2 ,156 8,008 7,659 1 349 323 8,331 !July 1 8,39" 2,903 1 11,294 ! 10,676 618 362 11,656 IAu us1 1 7,696 1 2,934 1 90,636 10,402 228 416 11,046 September 5,2B4 2,151 7,536 7,896 - 361 304 2839 [October 5,600 2,545 8,145 8,142 ' 3 305 8,450 iNovember 5,262 2,384 7,646 7,517 1 129 231 7,877 December 0 7,465 0 [Totals 65,053 26,304 1 91,351 94.010 4,812 2 988 94,825 Terminal • Vehicle Parking Revenues NOVEMBER 2011 $17,268 FY12 Total 1 $204,669 j 2012 $18,476 �FYI3 YTD $i D4, 245 30000 27500 25000 22500 20000 17500 15000 12500 10000 7500 5000 2500 0 +- Jul Aug Sept Oct Nov Dec Jar Feb Mar Apr May Jun Page 253 of 266 � FY1z FY13 To: nick Koch, City Manager From: Terry Eubank, Finance Director t Date: December 13, 2012 Re: Monthly Report The past month has been a busy one with much of the department's focus on the preparation of the FY2014 Budget. Information for budget preparation will be distributed to City Departments by December 17`h. The Council will receive its first draft of the FY2014 budget with its April 3'" Council meeting packet. A copy of the FY2014 Budget Preparation Calendar is included for you review. There is much work to be done by all City departments over the next couple of months. The department is preparing for a year -end review of the Airport Land Sale and General Land Sate Permanent funds performance. Representatives from Alaska Permanent Capital are scheduled to present a portfolio review at a work session prior to the second meeting in January. The work session will also included a detailed discussion of portfolio asset management and make a recommendation about future asset allocation for the portfolio. At the January 16 meeting, Council will have before it a resolution that will set the portfolio's asset allocation for 2013. Virtualization of the City's network infrastructure is nearly complete, a contract has been entered for data center cooling, and efforts are shifting to the voice over internet protocol (VOiP) phone system project with an early spring Implementation date projected. CITY OF KENAI December 17, 2012 Budget Preparation Packets Distributed January 4, 2012 Overtime and New Positions Due to Finance January 18 City Administrator Decides On New Position Requests By This Date January 25 Departmental Budget Submissions Due to Finance Feb. 4 - 8 Budget Draft Reviewed by Department Heads February 22 Consolidated Budget Submitted To Administrator Feb. 25 - March 8 Department Head. Meetings with Administrator March 22 Administrators Budget Draft Finalized March 27 Budget Package to Clerk for Council Packet April 4 — April 19 Council Budget Work Sessions Meeting dates to be determined by Council. April 24 Budget Ordinance to Clerk for Council Packet May 1 Introduction of Budget Ordinance May 6 Publish Notice 7 days prior to Public Hearing May 8 Mill Rate Resolution to Clerk for Council Packet May 15 Public Hearing of Budget Ordinance May 15 Mill Rate Resolution Adopted Must be provided to the Borough by 6/15 June 15 Publication & Distribution of Budget Completed Finance website updated Page 255 of 266 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 256 of 266 COUNCIL MEETING OF: s VENDOR DESCRIPTION DEPT. STAPLES COPY PAPER NON - DEPARTMENTAL PRINTING & BINDING 3,500.00 NC MACHINERY CUTTING EDGES AIRPORT OPERATING SUPPLIES 3,180.65 EN POINTE TECHOLOGIES SALES MICROSOFT WINDOWS LICENSING VARIOUS SOFTWARE 13,528.08 v m N J O_ N it. IMACIA&I [ilk IViI[Olff TI Page 258 of 266 WWA 5 210 Ficialgo Avenue, Kenai, Alaska 99611-7794 Telephone: 90 907-283-3014 TO: Commission, Committee and Council on Aging The City Council has tasked the City Clerk, Attorney, and Manager to analyze the structure, duties, operations, and responsibilities of the City of Kenai's boards, committees, commissions and councils.' The goal is to more accurately identify the duties, roles and responsibilities of each body, provide for enhanced communication between the bodies with the Council and Administration, and suggest any structural modifications that will provide additional support and efficiencies to better serve the public. The final product will likely be a recommendation to change certain code provisions, policies, regulations and/ or by -laws. The first step in this process is to solicit information from the current bodes for consideration. The questions below are intended to be answered by each body after discussion in an open meeting. Any additional specific information regarding the function of each body as to what works well and what does not is appreciated. The Administration intends to attend a meeting of each body for further discussion. Discussion Topics and Questions A. Duties & Responsibilities 1. What are the duties and responsibilities of your group? 2. Should duties /responsibilities be added, deleted or better described? 3. Should some functions be assigned to subcommittees? ' The City's Personnel Board, Board of Adjustment and Board of Appeals will be addressed separately. Page 259 of 266 Review of City Commissions, Committees, Boards and Councils Page 2 of 3 B. Establishment 1. Should all groups be established in code with separate but similar operating procedures or by -laws? 2. Are there certain groups that should be eliminated or merged? 3. If some are merged, should they be renamed? 4. Should all groups be titled as committees except for Planning and Zoning? 5. Does the City have too many commissions and committees? C. Memberships 1. Should the number of members of your body be reduced? 2. Should all members be required to be Kenai residents? 3. If groups are merged how would the members be determined? D. Meeting Schedules 1. Should the frequency of meetings be changed? 2. Should all be required to meet at City Nall? E. Attendance 1. What is an excused v. unexcused absence? 2. Is retaining that distinction valuable? 3. Should the body handle absences, or should that fall to the Clerk (with specific direction) or the Council? 4. Do a certain number of absences require removal from the body? If so, who makes that determination? 5. What notice should a member provide if they cannot attend and should notice requirements be different if an absence is excused or unexcused? F. Recruitment and Retention of Committee Members 1. Would reduction of the number of bodies help in member recruitment? 2. Should recruitment for all bodies be consistent? 3. Should the City advertise vacancies in the newspaper or only on city website? G. Council Liaison /Ex- Officio /Recorder 1. What are the duties of the Council Liaison/ Ex- Official recorder? 2, Is it helpful to have these persons attend the meetings? 3. Should their duties and roles expand, contract or stay the same? N. Agendas & Packets 1. Should the order of business on all bodies' agendas be identical? 2. Should meeting material be uploaded to website and be circulated only electronically? Page 260 of 266 Review of City Commissions, Committees, Boards and Councils Page 3 of 3 1. Annual Training 1. Would you like annual training? 2. What topics would be most helpful? Your participation in this review process is appreciated. Page 261 of 266 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 262 of 266 11/14/92 OPASignaWre Page Alaska 'Department of Revenue Permittee Signature Page Thank you for using the DOR Online Permit Application System. In order to complete your permit application, you must send this signed form to the following address: PO Box 110420 Juneau, AK 99811-0420 Fax: 907-465-3098 Please Note: The Primary and Alternate Members in Charge must legibly print their names and sign and date the signature page. An Officer who is not a Primary or Alternate Member must legibly print his or her name and sign and date the signature page. if your organization is applying for self - directed bingo and /or pull -tab permit(s), the Manager of Games must also legibly print his or her name and sign and date the signature page. Your permit application will not be processed until a completed Signature Page has been received by the Department. Year Gaming Permit/License Permittee Name EIN/ATiN Application Number Electronically Paid Amount Payment Receipt 2013 528 Fraternal Order Of Eagles Aerie # 3525 We declare, underpenalty ofunsvom falsification, that sae have examined this application, including any attachments, and that, to the best of our knoidedge and belief, it is true and complete. We understand that any false statement made on the application orany attachments is punishable by law By our signatures below, m, the primary member, the aftemate member, and if applicable, the manager of games, agree to allowthe Department of Revenue to reviewany criminal history vie may have, in accordance wth 15 AA 960.934. or other officer's signature (see instructions) Printed Signature signature Member in Charge /Manager Signature Page 263 of 266 as7 /m yai aaa.state.ak-usTAX0PAUSi gnatu re.a sp x Signature �-- • Date' Date Date HA l" ? f a ". rr, 113 11114/12 OPA Signature Page Organization Information Year Permit requested for 2013 Federal Elul or Alaska Tax identification Number Name of Organization or Municipality Fraternal Order Of Eagles Aerie # 3525 Mailing Address One 5765 Spur Hwy City, State Zip + 4 Kenai, AK 99611 + 7406 Telephone Number (Ali numbers include area (907) 2834938 code) Fax Number (All numbers include area code) (907) 2834904 Organization Website Address (If available) Type of Organization Fraternal Organized As Corporation Specify the organization type How will activities be conducted? Self - Directed by the Organization Does the organization have 25 or more members who are Alaska residents as defined Yes in your articles of incorporation or bylaws? Have the organization's articles of No incorporation changed? Have the organization's bylativs changed? No Estimated gross receipts for year prior to $100,001 or more application year Game Types Facility or Location- Specific - Unrestricted Pull -Tabs Area Based - Unrestricted Raffles Seff- Directed Facility orLocation-specific Game Type(s) Pull -Tabs, Raffles Facility or Location Name FOE3525 Kenai Address 5765 Kenai Spur Hwy. City, State, Zip Kenai, AK 99611 + 8340 Ownership Owned Page 264 of 266 D> :lmyalaSm.state.ak . us'rAXOPAUSignaWm.aspx V3 11114/12 OPASignatus Page Multiple- benefidary permittee (MBP) Members in Charge /Manager of Games What position does this person serve? Alternate and Manager First name Kelly Middle Initial J Last Name Bookey Address 115 Walker Ln City, State, Zip Kenai, AK 99611 + 7406 Daytime Telephone (907) 283 -4433 Mobile Number Email Address kfj@acsalaska.net Has this person taken the test? No What position does this person serve? _ Primary Member in Charge m First name Brett Middle initial _ d _ Last Name Holt _ Address 5210 Mink Ct City, State, Zip Kenai, AK 99611 Daytime Telephone (907) 283 -3239 Mobile Number Email Address Has this person taken the test? No Legal Information Persons convicted of a felony, extortion, or a violati on of a law None Persons with a prohibited conflict of interest None _ ----- ---- _.______._.____..._.__..__ __e._.___,___...,._.,__.__.__._ Net Proceeds Dedication, Details Scholarships, school activities, local charities, veteran's organizations, and many others. Page 265 of 266 Ds / /mval affi a.9ate.aku JTAROPALlSi ana to m.a mx wmm�� 313 THIS PAGE IS INTENTIONALLY LEFT BLANK Page 266 of 266 1 F-11 MCI NOTICE 15 HEREBY GIVEN the City of Kenai will conduct a public hearing on the following Ordinance(s) and /or Resolution(s) on the above -noted meeting date. There are no scheduled public hearings at the December 19 City Council meeting. The public hearing will commence at 7:00 p.m., or as soon thereafter as business permits, in the Kenai City Council Chambers, 210 Fidalgo Avenue, Kenai, Alaska, 99611. All interested persons are invited to attend the meeting and participate in the public discussion. Written comments may be sent to the Kenai City Council, c/o Kenai City Clerk, 210 Fidalgo Avenue, Kenai, AK, 99611. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk and will be available at the meeting for public review. Please be advised, subject to legal limitations, ordinances and /or resolutions may be amended by the Council prior to adop ion without further public notice. Corene Hall, CMC Deputy City Clerk Posted: December 14, 2012 CITY OF KENAI _rs.- OF DECEMBER + NOTICE IS HEREBY GIVEN the City of Kenai Council passed the following Ordinance(s) and /or Resolution(s) at the above - referenced meeting. No Ordinances or Resolutions were passed at the December 19, 2012 meeting. Copies of the ordinances and /or resolutions are available in the Office of the Kenai City Clerk. Please be advised, subject to legal limitations, ordinances and /or resolutions may have been amended by the Council prior to adoption without further public notice. Corene Hall, Deputy City Clerk Posted: December 20, 2012 aR' ' <1 ra ; ?' '. UNITED STATES OF AMERICA, STATE OF ALASKA ss Denise Reece being first duly sworn, on oath deposes and says: That I am and was at all times here in this affidavit mentions, Supervisor of Legals of the Peninsula Clarion, a news- paper of general circulation and published at Kenai, Alaska, that the Council Agenda PO #99490 a printed copy of which is hereto annexed was published in said paper one each and every day _for one _successive and consecutive day in the issues on the following dates: December 17, 2012 X SUBSCRIBED AND SWORN to Inc before t s--:' 17th _day f December 2012 'r NOTARY PUBLIC in favor for the State of Alaska. My Commission expires--27-Aug-16 R ilss AGENDA KENAI CITY COUNCIL - WORK SESSIONS '".4 , DECEMBER 19, 2012 KENAI CITY COUNCIL. CHAMBERS 210 FIDALGO AVE., KENAI, AK 99611 4:00 P.M. - Present and Discuss Capital Budget Priorities and other Legislative Issues with Area Legislators 5:00 P.M. - Retrofit Energy Assessment for Loans (REAL) Program, and the Proposed Project AGENDA KENAI CITY COUNCIL - REGULAR MEETING DECEMBER 19, 2012 - 7:00 P.M KENAI CITY COUNCIL CHAMBERS A. CALL TO ORDER B. SCHEDULED PUBLIC CQMMENTS (Public comment limited to tan (10) minutes per speaker) 0. UNSCHEDULED PUBLIC COMMENTS (Public comment limited to three (3) minutes per speaker, thirty (30) minutes aggregated) D. PUBLIC HEARINGS (Testimony limited to three (3) minutes per speaker, thirty (30) minutes aggregated) E. MINUTES 1. *Regular Meeting of December 5, 2012 F. UNFINISHED BUSINESS - None G. NEW BUSINESS 1. Action /Approval - Bills to be Ratified 2. Action /Approval - Purchase Orders Exceeding $15,000 1 Action /Approval - Nomination and Confirmation of Applicants to City of Kenai Advisory Commissions & Committees 4. Action /Approval - Consent to Sublease between the City of Kenai, Dan 0. Pitts and Everts Air Fuel Inc. for Lot to and Lot 2A1, FBO Subdivision 5. Action /Approval - Consent to Sublease between the City of Kenai, Dan O: Pitts and WPX Courier, CLC for Lot 1A and Lot 2A1, FBO Subdivision 6. Action /Approval - Consent to Sublease between the City of Kenai, Dan O. Pitts and EVO Incorporated for Lot 1A and Lot 2AI, FBO Subdivision 7. Action /Approval - Consent to Sublease between the City of Kenai, Dan O. Pitts and ERA Aviation for Lot 1A and Lot 2A1, FBO Subdivision 8. Action /Approval - Assignment and Assumption of Lease of Airport Lands between the City of Kenai and Crowley Marine Services, Inc. to CPD Alaska, LLC for Lot 3A1, FBO Subdivision South Addition No. 2 9. Action /Approval - Assignment and Assumption of Lease of Airport Lands between the City of Kenai and Crowley Marine Services, Inc. to CPD Alaska, LLC for Lot 4, Block 1, FBO Subdivision 10. Action /Approval - Assignment and Assumption of Special Use Permit between the City of Kenai and Crowley Marine Services, Inc. to CPD Alaska, LLC for an approximately 35,000- square -foot area of the Kenai Municipal Airport Apron 11. Action /Approval - Renewal of Kenai Golf Course Liquor License #4708 12. *Ordinance No. 2658 -2012 - Amending Chapter 4.31, Fuel Gas Code, by Adopting the 2009 Edition of the International Fuel Gas Code and Making Local Amendments Including Eliminating Chapters 1 - 5 and 8 and the Appendices of That Code so That Only Chapters 6 and 7 Will Apply in the City of Kenai 13. *Ordinance No. 2659.2012 - Amending Chapter 4.10, International Property Maintenance Code, by Adopting the 2009 Edition of the International Property Maintenance Code and Making Local Amendments 14. *Ordinance No. 2660 -2012 - Amending Chapter 4.30, Electrical Code, by Adopting the 2011 Edition of the National Electrical Code and Making Certain Clerical Changes 15. *Ordinance No. 2661 -2012 - Amending Chapter 4.05, Building Code, by Adopting the 2009 Edition of the International Building Code and Making Local Amendments. 16. *Ordinance No. 2662.2012 - Amending Chapter 8.05, Fire Prevention Standard, by Adopting the 2009 Edition of the International Fire Code and Making Local Amendments 17. *Ordinance No. 2663.2012 - Amending Chapter 4.20, Mechanical Code, by Adopting the 2009 Edition of the International Mechanical '.. Code and Making Local Amendments 18. *Ordinance No. 2664.2012 - Amending Chapter 4.32, Residential Code, by Adopting the 2009 Edition of the International Residential Code and Making Local Amendments. 19. *Ordinance No. 2665.2012 - Amending Chapter 4.33, International Existing Building Code, by Adopting the 2009 Edition of the International Existing Building Code and Making Local Amendments. 20. *Ordinance No. 2666.2012 - Increasing Estimated Revenues and Appropriations in the Airport by $15,000: for a Professional Services Agreement to Leibowitz & Horton Airport Management Consultants Inc. to Assist in Preparing and Negotiating a New, Five -Year Airline Operating Agreement and Reviewing Landing and Ramp Fees for the Kenai Municipal Airport. 21 *Ordinance No. 2667 -2012 - Decreasing Estimated Revenues and Appropriations in the Wildwood Drive Reconstruction, Marathon Road & Willow Street Improvements Capital Project Fund and Increasing Estimated Revenues and Appropriations in the City Shop Capital Project Fund for the Construction of a New City Shop Utilizing Grant Funds from the State of Alaska for the Project. 22. *Ordinance No. 2668-2012 - Decreasing Estimated Revenues and Appropriations in the Municipal Roadway Improvements Capital Project Fund and Increasing Estimated Revenues and Appropriations in the City Shop Capital Project Fund for the Construction of a New City Shop Utilizing Grant Funds from the State of Alaska for the Project. 23. *Ordinance No. 2669 -2012 - Increasing Estimated Revenues and Appropriations by $2,000,000 in the General and New City Shop Capital Project Funds. H. COMMISSION /COMMITTEE REPORTS L REPORT OF THE MAYOR J. ADMINISTRATION REPORTS v wnnrr�n.�a,. ene,w- nnuvv.,r