HomeMy WebLinkAboutOrdinance 1864 (Fire Codes)CLERK'S CERTIFICATE
I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -Officio Clerk of the
Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1864 entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 4 OF THE MUNICIPAL
CODE OF THE CITY OF SAN RAFAEL, BY AMENDING CHAPTER 4.08 THERETO,
ADOPTING THE CALIFORNIA FIRE CODE, 2007 EDITION, WITH AMENDMENTS, AND
PORTIONS OF THE 2000 UNIFORM FIRE CODE, WITH AMENDMENTS; ADOPTING
ENFORCEMENT, PENALTY, AND APPEALS PROVISIONS FOR SUCH CODES; AND
ADOPTING FINDINGS OF FACT SUPPORTING THE AMENDMENTS TO SUCH CODES"
is a true and correct copy of an Ordinance of said City and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 5th day of November. 2007, a
SUMMARY of Ordinance No. 1864 was published as required by City Charter in the MARIN
INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and
adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City,
held on the 19th day of November, 2007. by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
seal of the City of San Rafael this
26th day of November, 2007
JEANNE M. L OE� NCINI
City Clerk
SUMMARY OF ORDINANCE NO. 1864
ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 4 OF THE MUNICIPAL
CODE OF THE CITY OF SAN RAFAEL, BY AMENDING CHAPTER 4.08 THERETO,
ADOPTING THE CALIFORNIA FIRE CODE, 2007 EDITION, WITH AMENDMENTS, AND
PORTIONS OF THE 2000 UNIFORM FIRE CODE, WITH AMENDMENTS; ADOPTING
ENFORCEMENT, PENALTY AND APPEALS PROVISIONS FOR SUCH CODES; AND
ADOPTING FINDINGS OF FACT SUPPORTING THE AMENDMENTS TO SUCH CODES.
Title 4 of the City of San Rafael Municipal Code is being amended by amending Chapter 4.08,
adopting the 2007 California Fire Code with amendments and portions of the 2000 Uniform Fire
Code with amendments, and adopting provisions for enforcement and penalties and appeals
related to such codes, as detailed in the complete text of Ordinance No. 1864. For a copy of the
complete text of the Ordinance amending the Municipal Code, the 2007 California Fire Code,
and the 2000 Uniform Fire Code, please contact the City Clerk at 485-3066. Copies of the
complete Ordinance containing these Municipal Code amendments, and the aforementioned
codes, are also available for public review as of Wednesday, November 14, 2007, at the San
Rafael City Clerk's Office, 1400 Fifth Avenue, 2nd Floor, Room 209, during regular business
hours, 8:30 a.m. to 5:00 p.m.
SUMMARY OF AMENDMENT TO MUNICIPAL CODE
This Ordinance amends Chapter 4.08 of the San Rafael Municipal Code, adopts the 2007
California Fire Code with amendments, adopts portions of the 2000 Uniform Fire Code with
amendments, adopts fire prevention and fire safety regulations in structures and on property
located in the City of San Rafael, and adopts provisions for enforcement, penalties and appeals
related to the aforementioned codes. The Ordinance also contains the findings of fact that are
required by Health & Safety Code Sections 17958.5, 17958.7 and 18941.5 relative to local
climatic, geological and topographical conditions when amendments are made to building
standards contained in the California Fire Code.
PUBLICATION
A summary of this Ordinance shall be published and a certified copy of the full text of this
Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council
meeting at which it will be adopted, November 19, 2007. This Ordinance shall be in full force
and effective on January 1, 2008, and the summary of this Ordinance shall be published within
fifteen (15) days after the adoption, together with the names of the Councilmembers voting for or
against same, in the Marin Independent Journal, a newspaper of general circulation published and
circulated in the City of San Rafael, County of Marin, State of California. Within fifteen (15)
days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy
of the full text of this Ordinance along with the names of those Councilmembers voting for and
against the Ordinance.
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ALBEkt J. BO O; Mayo
ATTEST:
J M. LEO cm' City Clerk
The foregoing Ordinance No. 1864 was read and introduced at a regular meeting of the
City Council of the City of San Rafael on Monday, November 5, 2007, and was ordered passed
to print by the following vote, to wit:
AYES: Councilmembers: Cohen, Heller, Miller, Phillips & Mayor Boro
NOES: Councilmembers: None
ABSENT: Councilmembers: None
and will come up for adoption as an ordinance of the City of San Rafael at a regular meeting of
the City Council to be held on the 19th day of November, 2007.
JARNE M. LEONCINI, City Clerk
SUMMARY OF ORDINANCE NO. 1864
ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 4 OF THE MUNICIPAL
CODE OF THE CITY OF SAN RAFAEL, BY AMENDING CHAPTER 4.08 THERETO,
ADOPTING�THE CALIFORNIA FIRE CODE, 2007 EDITION, WITH AMENDMENTS, AND
PORTIONS OF THE 2000 UNIFORM FIRE CODE, WITH AMENDMENTS; ADOPTING
ENFORCEMENT, PENALTY AND APPEALS PROVISIONS FOR SUCH CODES; AND
ADOPTING FINDINGS OF FACT SUPPORTING THE AMENDMENTS TO SUCH CODES.
Title 4 of the City of San Rafael Municipal Code is being amended by amending Chapter 4.08,
adopting the 2007 California Fire Code with amendments and portions of the 2000 Uniform Fire
Code with amendments, and adopting provisions for enforcement and penalties and appeals
related to such codes, as detailed\in the complete text of Ordinance No. 1864. For a copy of the
complete text of the Ordinance amending the Municipal Code, the 2007 California Fire Code,
and the 2000 Uniform Fire Code, please contact the City Clerk at 485-3066. Copies of the
complete Ordinance containing these Municipal Code amendments, and the aforementioned
codes, are also available for public review as of Wednesday, November 14, 2007, at the San
Rafael City Clerk's Office, 1400 Fifth Avenue, 2"a Floor, Room 209, during regular business
hours, 8:30 a.m. to 5:00 p.m.
SUMMARY OF AMENDMENT TO MUNICIPAL CODE
This Ordinance amends Chapter 4.08 of the San Rafael Municipal Code, adopts the 2007
California Fire Code with amendments, adopts portions of the 2000 Uniform Fire Code with
amendments, adopts fire prevention and fire safety regulations in structures and on property
located in the City of San Rafael, and adopts provisions for enforcement, penalties and appeals
related to the aforementioned codes. The Ordinance also contains the findings of fact that are
required by Health & Safety Code Sections 17958.5, 17958.:7, and 18941.5 relative to local
climatic, geological and topographical conditions when amendments are made to building
standards contained in the California Fire Code.
PUBLICATION
A summary of this Ordinance shall be published and a certified copy of the full text of this
Ordinance shall be posted in the office of the City Clerk at least five (5)�,days prior to the Council
meeting at which it will be adopted, November 19, 2007. This Ordinance -shall be in full force
and effectTrsvoting
ys and the summary of this Ordinance shall be
published (15) days after the adoption, together with the names of the
Councilmfor or against same, in the Marin Independent Journal, a newspaper of
general cirished and circulated in the City of San Rafael, County of Marin, State of
Californian (15) days after adoption, the City Clerk shall also post in the office of
the City Clerk,certified copy of the full text of this Ordinance along with the names of those
Councilmembers&oting for and against the Ordinance.
01-1,J,�,cL�I .z -v o 8
ORDINANCE NO. 1864
ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 4 OF THE MUNICIPAL
CODE OF THE CITY OF SAN RAFAEL, BY AMENDING CHAPTER 4.08 THERETO,
ADOPTING THE CALIFORNIA FIRE CODE, 2007 EDITION, WITH AMENDMENTS, AND
PORTIONS OF THE 2000 UNIFORM FIRE CODE, WITH AMENDMENTS; ADOPTING
ENFORCEMENT, PENALTY AND APPEALS PROVISIONS FOR SUCH CODES; AND
ADOPTING FINDINGS OF FACT SUPPORTING THE AMENDMENTS TO SUCH CODES
THE COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS:
DIVISION 1. Title 4, Chapter 4.08 of the Municipal Code of the City of San
Rafael is hereby amended to read as follows:
CHAPTER 4.08. FIRE CODE
Sections: 4.08.010
Purpose.
4.08.020
Adoption of the California Fire Code, 2007
Edition with Amendments, and adoption of
portions of the Uniform Fire Code, 2000
edition.
4.08.030
Definitions.
4.08.040
Enforcement of the Fire Code
4.08.050
Authority to arrest and issue citations.
4.08.060
Restrictions on the storage of flammable and
combustible liquids in aboveground tanks
outside of buildings.
4.08.070
Restrictions on the storage and dispensing of
liquefied petroleum gases.
4.08.080
The storage of explosives and blasting agents
within City Limits is prohibited.
4.08.090
Restrictions on storage of compressed natural
gas.
4.08.100
Restrictions on storage of stationary tanks of
flammable cryogenic fluids.
4.08.110
New materials, processes or occupancies
which may require permits.
4.08.120
Amendments made to the Fire Code.
4.08.130
Enforcement and Penalties.
4.08.140
Appeals.
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4.08.010 Purpose.
The 2007 California Fire Code, and portions of the 2000 Uniform Fire Code as
described in Section 4.08.020 are adopted for the following purposes:
1. To prescribe regulations and building standards in order to protect life and
property from fire, explosion, earthquake and other disasters;
2. To provide for permits as prescribed herein;
3. To establish and maintain a Fire Prevention Bureau;
4. To provide penalties for violations of this chapter.
4.08.020 Adoption of the California Fire Code, 2007 Edition with Amendments,
and adoption of portions of the Uniform Fire Code, 2000 edition.
The City Council hereby adopts for the purpose of prescribing regulations governing
conditions hazardous to life and property from fire or explosion, that certain code which
contains building standards known as the 2007 California Fire Code (International Fire
Code, 2006 Edition as amended by the State of California) as published by the
California Building Standards Commission, together with appendices 1, 4, B, C , and D
thereto; and the following appendices to the Uniform Fire Code 2000 edition; I -A, II -A,
II -B, II -C, III -D, IV -A, V-A, VI -B; save and except such portions as are herein deleted,
modified or amended.
4.08.030 Definitions.
A. Except as words are defined in section 4.08.120 of this section, the words
used in this chapter and in the adopted codes listed in 4.08.020 shall have the
meaning as defined below.
The following words are defined:
1. Whenever the words "Building Code" are used, they shall mean the
California Building Code, as adopted by the City of San Rafael, with
amendments.
2. Whenever the words "Fire Code" are used, they shall mean those codes
and standards adopted in section 4.08.020, with amendments.
3. Whenever the word "Jurisdiction" is used, it shall mean the City of San
Rafael.
4.08.040 Enforcement of the Fire Code.
A. The Fire Chief, Chief Building Official/Fire Marshal, or their authorized
representatives, shall enforce those portions of the Fire Code over which they
have responsibility as provided in the Fire Code and in this Chapter.
B. The Chief Building Official/Fire Marshal shall be responsible for enforcement
of building regulations relating to fire and panic safety for R-3 dwellings and
for other buildings subject to regulation by the City, as provided by Health &
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Safety Code Sections 13145, 13146, 13146.2, 13146.3, 13146.5 and
Government Code Section 34004.
4.08.050 Authority to arrest and issue citations.
A. The Fire Chief, Chief Building Official/Fire Marshal, and their authorized
representatives shall have authority to arrest or to cite any person who
violates any provision of this Chapter involving the Fire Code, in the manner
provided for the arrest or release on citation and notice to appear with respect
to misdemeanors or infractions, as prescribed by Chapters 5, 5c and 5d of
Title 3, Part 2 of the California Penal Code, including Section 853.6, or as the
same hereafter may be amended.
B. It is the intent of the City Council that the immunities provided in Penal Code
Section 836.5 be applicable to the aforementioned officers and employees
exercising their arrest or citation authority within the course and scope of their
employment pursuant to this Chapter.
4.08.060 Restrictions on the storage of flammable and combustible liquids in
aboveground tanks outside of buildings.
A. Pursuant to Sections 3404.2.9.5.1 and 3406.2.4.4 of the Fire Code,
except as provided in Subsection B of this Section, the storage of flammable and
combustible liquids outside buildings in aboveground tanks is prohibited in all
areas of the City.
B. Providing storage of flammable and combustible liquids (Class I and II) is
within a protected aboveground fuel storage tank as defined by Appendix II -F of
the Fire Code, such storage and quantities are permitted in the following districts
as defined in Title 14 of the Municipal Code:
1. Districts designated as I, LI/O, M, MC, or CCI/O shall be permitted to have
a maximum of ten thousand (10,000) gallons at any one site.
2. Districts designated as PD, providing that they are industrial use in nature,
shall be permitted to have ten thousand (10,000) gallons at any one site.
3. Districts designated as GC, C/O, FBWC, or PD (providing that they are
commercial use) shall be permitted to store a maximum of five thousand (5,000)
gallons at any one site.
4. Discretion may be exercised by the Chief Building Official/Fire Marshal to
increase the maximum capacities allowed by this section, in accordance with
regulations and standards adopted by the Chief Building Official/Fire Marshal to
protect against any increased hazards to life or property.
C. Bulk plants for the storage of flammable or combustible liquids are
prohibited within the City.
D. Prior to the Chief Building Official/Fire Marshal authorizing installation of a
tank system, the applicant shall apply for and obtain Environmental and Design
Review Permit approval from the Community Development Department as
provided in Chapter 14.25.
4.08.070 Restrictions on the storage and dispensing of liquefied petroleum
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gases (LPG).
A. Pursuant to Section 3804.2 of the Fire Code, except as provided in
Subsection B of this Section, the storage of LPG is prohibited in all areas of the
City.
B. Storage, limited to one thousand (1,000) gallons of LPG at any one site, is
permitted in the following districts as defined in Title 14 of the Municipal Code,
except that up to one thousand five hundred (1,500) gallons of LPG may be
permitted at any one site, provided that the LPG storage tank system is
protected in a manner approved by the Chief Building Official/Fire Marshal:
1. Districts designated as I, LI/O or CCI/O;
2. Districts designated as PD, providing that they are industrial use in nature;
3. Districts designated as GC, C/O, FBWC, HO, 2/3 MUE, 2/3 MUW, M, MC
or PD (providing that they are commercial use) only if the tank system is wholly
protected in a manner approved by the Chief Building Official/Fire Marshal.
C. The storage of any LPG tank system in any residential district is prohibited
unless there are no natural gas lines available to be connected to the residence.
D. The dispensing of LPG is prohibited in all districts except such dispensing
is permitted in those districts outlined in Subsection B of this Section.
E. Exceptions to the Restrictions.
1. Limited quantities only when used in conjunction with home LPG
barbecues, recreational vehicles or similar uses;
2. Limited quantities only when used in conjunction with LPG driven vehicles;
3. Limited quantities only when used in conjunction with construction projects
for which a Building Permit has been issued;
4. Existing bulk LPG facilities shall be able to continue their use and shall be
able to relocate their facilities with the express permission of the Chief Building
Official/Fire Marshal and the City Council.
F. Prior to the Fire Department authorizing installation of a tank system, the
applicant shall apply for and obtain Environmental and Design Review Permit
approval from the Community Development Department as provided in Chapter
14.25.
4.08.080 The storage of explosives and blasting agents within City Limits is
prohibited.
There shall be no manufacture or storage of explosives or blasting agents within
jurisdiction limits.
4.08.090 Restrictions on storage of compressed natural gas.
Compressed natural gas facilities are prohibited in all areas of the City except
the following districts as defined in Title 14 of the Municipal Code:
1. Districts designated as I, 1-I/0 or CCI/0;
2. Districts designated as PD providing that they are industrial use in nature.
4.08.100 Restrictions on storage of stationary tanks of flammable cryogenic
fluids
Pursuant to Section 3204.3.1.1, the storage of flammable cryogenic fluids in
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stationary containers is prohibited in all areas of the City except the following
districts as defined in Title 14 of the Municipal Code:
1. Districts designated as I, LI/0 or CCI/0;
2. Districts designated as PD providing that they are industrial use in nature.
4.08.110 New materials, processes or occupancies which may require
permits.
The Chief Building Official/Fire Marshal shall determine and specify, after giving
affected persons an opportunity to be heard, any new materials, process or
occupancies which shall require permits in addition to those now enumerated in
the Fire Code. The Chief Building Official/Fire Marshal shall post such list in a
conspicuous place in his office and distribute copies thereof to interested
persons.
4.08.120 Amendments to the Fire Code.
The 2007 California Fire Code is amended or modified as follows:
Section 111.2.1 is amended to read as follows:
111.2.1 Enforcement.
Pursuant to Health & Safety Code Sections 13146 and 13146.5, and
Government Code Section 34004, the responsibility for enforcement of
building standards adopted by the State Fire Marshal and published in the
California Building Standards Code relating to fire and panic safety and
other regulations of the State Fire Marshal, for R-3 dwellings and all
buildings subject to regulation by the City, shall be the Chief Building
Official/Fire Marshal of the City.
Section 202 is hereby amended by adding the definition of "Fire Code Official" as
follows:
FIRE CODE OFFICIAL. Fire Code Official shall mean the Chief Building
Official/Fire Marshal.
Section 202 is hereby amended by adding the definition of "Fire Prevention Standards"
to read as follows:
FIRE PREVENTION STANDARDS. Fire prevention standards shall mean those
supplemental rules and regulations that have been developed by the Fire
Prevention Bureau and approved by the Chief Building Official/Fire Marshal to
provide additional guidance and interpretation of this code.
Section 202 is hereby amended by adding the definition of "Public Storage Facility" as
follows:
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PUBLIC STORAGE FACILITY. A public storage facility shall mean any
business that sells, leases or rents space to the public that is enclosed, whether
it is a building, storage container or similar configuration.
Section 202 is hereby amended by adding the definition of "Spark Arrester" as follows:
SPARK ARRESTER. Spark arrester shall mean a chimney device constructed
in a workmanlike manner to prevent the escape of embers from the chimney.
The net free area of a spark arrester shall not be less than four (4) times the net
free area of the outlet of the chimney. The spark arrester shall be constructed of
stainless steel, aluminum, copper, brass or woven galvanized wire mesh 19 -
gauge minimum with 3/8" minimum to 1/2" maximum openings. The spark
arrester shall be mounted over all outside flue openings and adequately
supported to prevent movement. The spark arrester shall be visible from the
ground.
Section 202 is hereby amended by adding the definition of "Substantial Remodel" as
follows:
SUBSTANTIAL REMODEL. Substantial remodel shall mean the renovation of
any structure which combined with any additions to the structure, performed
within any three (3) year period, affects a floor area which exceeds fifty percent
(50%) of the existing floor area of the structure. When any structural changes are
made in the building, such as walls, columns, beams or girders, floor or ceiling
joists and coverings, roof rafters, roof diaphragms, foundations, piles or retaining
walls or similar components, the floor area of all rooms affected by such changes
shall be included in computing floor areas for purposes of applying this definition.
This definition does not apply to the replacement and upgrading of residential
roof coverings or exterior wall finishes.
Section 202 is hereby amended by adding the definition of "Temporary" as follows:
TEMPORARY. Temporary shall mean any occupancy or use for a period of
less than one hundred eighty (180) days.
Section 302.1 is amended by adding the following definition:
FIREWORKS. Fireworks shall mean any composition or device for the purpose
of producing a visible or audible effect for entertainment purposes by
combustion, deflagration, or detonation and any "safe and sane" fireworks as
defined by section 12529 of the State of California Health and Safety Code.
Sections 316 is added to read as follows:
Sections 316
Fireworks
Section 316.1 General. The manufacture, storage, sale, possession,
handling or use of all fireworks as defined in Section 302.1 is prohibited except
as permitted by the Fire Code Official for approved public display.
Section 316.2 Seizure. The Fire Chief or Fire Code Official or their
authorized agents shall seize, remove or cause to be removed at the expense of
the owner or person(s) in possession all stocks of fireworks offered or exposed
for sale, stored or held in violation of this code.
Section 502.1 is hereby amended by adding the definition of "Fire Road" to read as
follows:
FIRE ROAD shall mean any improved or unimproved road, public or
private, that provides access for firefighting equipment and personnel to
undeveloped areas.
Section 503.1.4 is hereby amended by adding a subsection thereto to read as follows:
503.1.4 Fire Roads. Fire Roads shall be provided for firefighting
equipment, apparatus and personnel to undeveloped areas of the City so as to
gain access to improved, unimproved, and undeveloped areas in a manner
approved by the Fire Chief and Fire Code Official. Any vehicle causing an
obstruction to Fire Department access may be towed away at the owner's
expense.
Section 503.2.6.1 is hereby added to read as follows:
503.2.6.1 Load testing. Bridges, Piers and Wharfs used for fire
apparatus access shall be load tested to the original designed capacity when
required by the Fire Chief.
Section 503.4 is amended by adding a sentence thereto to read as follows:
Any vehicle causing such an obstruction may be towed away at the
owner's expense.
Section 505.1 is amended to read as follows:
505.1 Address numbers. New and existing buildings shall have
approved address numbers, building numbers or approved building
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identification placed in a position that is plainly legible and visible from the
street or road fronting the property. Numbers painted on the curb do not
satisfy this requirement. These numbers shall contrast with their background.
Address numbers shall be Arabic numerals or alphabet letters. Said numbers
shall be either internally or externally illuminated in all new construction or
substantial remodels. Number sizes shall be as follows: Minimum of one-
half -inch (1/2") stroke by four inches (4") high minimum for residential
applications, minimum one -half-inch (1/2") stroke by six inches (6") high
minimum for commercial applications. Larger sizes may be required by the
Fire Code Official based on distance from the street or road fronting the
property. All structures abutting on any public or private street, avenue, drive,
road, place or lane within the City shall be given and marked with an official
number. The City Engineer shall decide the proper number to be assigned to
any structure. All requests for new addresses or change of address shall be
reviewed and approved by the City Engineer.
If the owner or lessee of any building fails, refuses or neglects to place the
number, or replace it when necessary, the City Engineer may and upon order
of the City Council shall cause a notice to be personally served on such
owner or lessee or mailed by registered mail to last known address, ordering
him to place or replace the number. Such owner or lessee shall comply with
such notice within ten days from the date of service.
505.1.1 Multi -Tenant buildings. Numbers or letters shall designate all
separate occupancies within new or existing multi -tenant buildings. Size shall be
minimum one -quarter -inch (1/4") stroke by two inches (2") high and on a
contrasting background for tenant spaces accessed from an interior corridor, and
as indicated in Section 505.1 for spaces with exterior access doors. In multi -story
or larger buildings, directional address numbers or letters shall be provided at a
central location. Said addresses or numbers shall be posted at a height no
greater than 5 feet, 6 inches (5'6") above the finished floor and shall be either
internally or externally illuminated in all new construction or substantial remodels.
505.1.2 Rear addressing. When required by the Fire Code Official,
approved numbers or addresses shall be placed on all new and existing
buildings in such a position as to be plainly visible and legible from the fire
apparatus road at the back of a property or where rear parking lots or alleys
provide an acceptable vehicular access. Number stroke and size shall comply
with Section 505.1.
Section 506.1 is amended by adding thereto the following:
All buildings, except single family dwellings, which have installed therein
automatic supervised products of combustion fire detection and alarm system,
automatic fire sprinkler system or a security gate, shall have installed an
approved key entry system.
All facilities that are required to submit Hazardous Materials Business
Plans shall have installed a key entry system approved by the Fire Code Official
for access to the facility and all buildings at the facility.
All electronic operated vehicular gates shall have installed an approved
key switch override system mounted on a stanchion or wall as approved by the
Fire Code Official. All electronic or motorized vehicular gates shall incorporate in
their design a means for fast, effective manual operation of the gates in the
event of power or mechanical failure (e.g., easily removable hinge pins for
separating powered linkage from gates; undercut, weakened or frangible
members requiring 40 pounds or less pressure against the gates to cause their
failure and the gates to open).
Section 508.5.1.1 is added to read as follows:
508.5.1.1 Fire Hydrant Upgrades. When additions or alterations to
structures are made, the nearest hydrant (if a new one is not otherwise required)
shall be upgraded to the minimum standard of one 4'/2 " outlet and one 2'/2 "
outlet for single family dwellings, or to one 4'/2 " outlet and two 2'/2 " outlets for
commercial structures.
Exception: If the cost of upgrading the fire hydrant exceeds two percent
(2%) of the cost of the project based on the Building Permit valuation.
Section 510. 1.1 is added to read as follows:
510.1.1. Utility identification. In multi -unit commercial and residential
buildings, gas and electric meters, service disconnect switches and shut-off
valves shall be clearly, legibly and permanently identified in an approved manner
to indicate the unit or space that it serves.
Section 806.1.1. Exception 1 shall be amended to read as follows:
1. Trees which have been treated with a State Fire Marshal approved
flame retardant. Treated trees shall bear a tag stating the type of flame
retardant used, name of the person who applied the retardant and
location of treating facility.
Section 903.2 is amended to read as follows:
903.2 Where Required; All Occupancies and Facilities. An automatic
fire sprinkler system shall be installed in all of the following:
1. Every newly constructed, building or facility.
Exception 1: Freestanding Group U occupancies not more than one
thousand (1,000) square feet and provided with exterior wall and
opening protection as per Table 602 of the Building Code.
Exception 2: Freestanding Group B or M occupancies not more than
five hundred (500) square feet and provided with exterior wall and
opening protection as per Table 602 of the Building Code.
2. Newly created, attached, second dwelling units which meet the
definition of a substantial remodel.
3. All other existing buildings, sprinkler systems may be required by the
Fire Code Official in accordance with the following:
i. All buildings where improvements occur during any three (3) year period
which meet the definition of a substantial remodel.
Exception: Group R, Division 3 occupancies where the "substantial
remodel" is for fire or flood repair purposes only.
ii. All buildings in excess of thirty-five hundred (3,500) square feet which
have more than twenty percent (20%) floor area added within any three (3) year
period.
Exception: Group R, Division 3 occupancies not located in a high fire
hazard area and which have available fire flow from the nearest fire
hydrant that is greater than the required minimum fire flow.
4. In all residential buildings required to be sprinklered above, attached
garages and attics designed for storage, or containing mechanical equipment
shall also be sprinklered. In all multi -unit residential occupancies, the attics shall
be sprinklered.
5. Fire Sprinklers in Group R, Division 1 hotel occupancies shall be
designed in accordance with NFPA 13.
6. All single family dwellings in excess of five thousand (5,000) square
feet shall have automatic fire sprinkler systems designed in accordance with
NFPA Standard 13R.
7. All public storage facilities shall be provided with an automatic fire
sprinkler system.
8. All buildings in which a change of use occurs which, in the opinion of
the Fire Code Official, results in a higher fire or life safety exposure where the
area changing use is more than fifty percent (50%) of the total square footage of
the building. Sprinkler system installation shall include the entire building that
contains the new or changed occupancy occurs.
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The requirements for fire sprinklering in this code section are not meant to
disallow the provisions for area increase, height increase, or fire -resistive
substitution if otherwise allowed by the Building Code.
Section 907.2.2.1 is added to read as follows:
907.2.2.1 Smoke Detection in Office Uses. When corridors in a multi-
story office building serve an occupant load of between thirty (30) and one
hundred (100), and are not one-hour fire resistive construction with 20 -minute
rated doors, an automatic smoke detection system shall be provided in each
office space that has less than a one-hour separating wall and/or any non -rated
openings onto the corridor.
Section 907.2.10.5.3 (a) is amended as follows:
(a) On or after January 1, 1986, every single-family dwelling and factory -built
housing, as defined in Health and Safety Code Section 19971, which is sold
shall have operable smoke detectors installed. The detectors shall be approved
and listed by the State Fire Marshal and installed in accordance with section
907.1.10.1.2. Battery operated smoke detectors shall be deemed to satisfy the
requirements of this section.
Section 907.20.6 is added to read as follows:
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907.20.E Malfunctioning fire alarms. Owners of properties with a fire
alarm system shall be responsible for maintaining the system in accordance with
section 907.20.5. When three (3) or more malfunctioning fire alarm activations
occur within one (1) calendar year, a fee may be assessed per the current
adopted Master Fee Schedule for each subsequent malfunctioning alarm where
Fire Department response occurs.
Section 1013.1 is amended by adding the following sentence:
Guards are also required at waterfront bulkheads, fixed piers and gangways.
Section 1026.6 is added to read as follows:
1026.6 -- Hotel window fall prevention. Operable windows in hotels located
within this jurisdiction shall be in accordance with this section.
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1026.6.1 New Hotels. All new hotels, on all floors, shall have window
stops installed to prevent the windows from being opened more than four inches
(4") when the window sill height is less than forty-two inches (42") above the
floor.
1026.6.2 Existing Hotels. All existing hotels shall have window
openings that comply with the following:
1026.6.2.1 Floors One through Three. All existing hotels, on floors one
through and including three, shall have no operable window openings such that
the bottom edge of the opening, on the interior of the room, is less than forty-two
inches (42") above the floor level.
Exception 1: If the level of the ground or walkway on the exterior of the
room is no more than thirty inches (30") below the window sill.
Exception 2: If automatic fire sprinklers are installed throughout the
building, window stops may be installed to limit the opening to no more than four
inches (4").
1026.6.2.2 Floors above the Third Floor. All existing hotels, on floors
above the third floor, shall have window stops installed to prevent the windows
from being opened more than four (4) inches if window sill heights are less than
forty-two inches (42") above the floor.
1026.6.3 Clear Area Adjacent to Window Opening. There shall be no
furniture, fixed or moveable, placed within thirty-six inches (36") of any openable
portion of a window. Hotels shall also provide notice to prospective guests of
this requirement.
Section 1027.5.2 is added to read as follows:
1027.5.2 Change of Ownership. Buildings, portions of buildings, or
occupancies shall meet the requirements of Section 1027.5 upon a change of
ownership.
Section 3404.3.3.11 is added to read as follows:
3404.3.3.11. Storage of Flammable and Combustible Liquids and
Hazardous Materials. The storage of hazardous materials or flammable or
combustible liquids in public storage facilities is prohibited. Such facilities shall
post legible and durable sign(s) to indicate same in a manner and location(s) as
specified by the Fire Code Official. This section shall apply to new and existing
public storage facilities.
Exception: Only those quantities of flammable and combustible liquids
necessary for normal maintenance of the facility.
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Section 104.1.1 of Appendix Chapter 1 is added to read as follows:
104.1.1 Authority of the Fire Chief and Chief Building Official/Fire Marshal.
104.1.1.1 Fire Chief.
Under the Fire Chiefs direction, the Fire Department is authorized to enforce the
provisions of this code and other ordinances of the City pertaining to:
1. The suppression or extinguishment of dangerous or hazardous fires.
2. The investigation of the cause, origin and circumstances of fire and
unauthorized releases of hazardous materials.
3. Those other matters in this code assigned to the Fire Chief.
104.1.1.2 -- Chief Building Official/Fire Marshal.
The Chief Building Official/Fire Marshal is authorized to enforce the provisions of
this code pertaining to:
1. The prevention of fires.
2. The storage, use and handling of hazardous materials.
3. The installation and maintenance of automatic, manual and other private
fire alarm systems and fire -extinguishing equipment.
4. The maintenance and regulation of fire escapes.
5. The maintenance of fire protection and the elimination of fire hazards on
land and in buildings, structures and other property, including those under
construction.
6. The maintenance of means of egress, and
7. Those other matters in this code assigned to the Chief Building
Official/Fire Marshal.
104.1.1.3 Fire Chief and Chief Building Official/Fire Marshal; Police
Powers. The Fire Chief and Chief Building Official, and their authorized
representatives, shall have the powers of a police officer in performing their
duties under this code. When required to do so by the Fire Chief or Chief
Building Official/Fire Marshal, the Chief of Police is authorized to assign such
available police officers as necessary to assist them in enforcing the provisions
of this code.
Section 104.12 of Appendix Chapter 1 is added to read as follows:
104.12 Liability of Persons Causing a Fire Department Response. The costs
and expenses of a Fire Department Response (incident) that is within the
responsibility for enforcement of the Fire Chief shall be a debt owed to the City
by the person who caused the incident. Such response costs and expenses shall
include, but not be limited to, Fire Department equipment and personnel
committed to the incident, and any payments made by the City to outside
business firms to secure, investigate and monitor remediation and cleanup of the
incident. The City shall compute and bill the responsible party for such response
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costs and expenses, with payment due within thirty (30) days following the
mailing of the bill, unless an appeal is filed as provided in Section 4.08.140 (A).
Upon failure to pay the response costs and expenses when due, the responsible
person shall be liable, in a civil action brought by the City, for such response
costs and expenses, and costs of the litigation, including reasonable attorneys'
fees.
Section 105.1.4 of Appendix Chapter 1 is added to read as follows:
105.1.4 Permit fees. The fees for permits and other services shall be as
established in the Master Fee Schedule established by resolution of the San
Rafael City Council as amended from time to time. The fee shall be set to cover
the cost to review and inspect the intended activities, operations or functions.
The fees must be paid to the City prior to engaging in the activities, operations or
functions.
Exception: The applicant for a given permit shall be exempt from
payment when the event is sponsored by the City, or work to be
conducted is located on properties owned by the City of San
Rafael.
All fire permits and fire construction permits shall have a set number of
inspections per permit. Additional inspections and additional re -inspections will
be billed at an hourly rate consistent with the Master Fee Schedule established
by resolution of the San Rafael City Council as amended from time to time.
Application for "event" type permits (ie: Assembly, Pyrotechnic, Tents,
etc.) shall be submitted at least ten (10) days prior to the event date.
Applications submitted less than ten (10) days prior to the event date shall be
charged one and one-half (1 Y2) times the regular permit rate.
"After Hours" inspections shall be charged at a rate of one and one-half
(1 Y2) times the normal hourly rate. "After Hours" inspections will be billed at
three (3) hours minimum. "After Hours" inspections are defined as inspections
conducted outside of normal business hours.
Appendix D -- Section D105 is amended to read as follows:
503.1.5 Ladder Truck Access. For buildings more than three (3) stories
in height, or greater than thirty-five (35) feet in height, approved access roads for
ladder truck operations shall be provided within the necessary operational
distances as specified by the Fire Chief or Fire Code Official. Overhead utility
and power lines shall not be located within the aerial fire apparatus access
roadway.
The adopted appendices to the Uniform Fire Code, 2000 edition are amended as
follows:
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Appendix II -A, Section 7 — SPARK ARRESTORS is amended to read as follows:
SECTION 7 — SPARK ARRESTERS
All chimneys used in conjunction with fireplaces, barbecues, incinerators,
decorative wood burning appliances or heating appliances in which solid or liquid
fuel is used, upon buildings, structures or premises located within the jurisdiction
shall be provided with spark arresters as defined in Section 202.
Appendix II -A, Section 16.2, is amended to read as follows:
16.2 Corrective Action. Failure to comply with the requirements of
Section 16.1 shall be deemed a public nuisance. Whenever the Fire Chief
determines that there is substantial evidence of a failure to comply with Section
16.1, he shall cause a written Notice of Hearing to be posted on the affected
property, and to be served by regular US Mail on the property owner at the
address shown on the County Assessor records. Said Notice of Hearing shall
specify the conditions violating Section 16.1, and the date, time and place at
which the Fire Chief will hear evidence from the property owner and all interested
persons on the existence of a public nuisance on the affected property. The
hearing date shall be scheduled no sooner than ten (10) days following posting
and service of the Notice of Hearing. Following the hearing, the Hearing Officer
shall render a written Decision, which shall be final. If the Hearing Officer finds
that a public nuisance does exist, the Decision shall contain an order directing
the property owner to abate such public nuisance on or before a specified date.
A copy of the Decision shall be posted on the affected property and served by
regular US Mail on the property owner as provided above. If the property owner
fails to abate the public nuisance by the specified date contained in the Decision,
the Fire Chief is authorized to cause the nuisance to be abated, and Fire
Department employees, agents and contractors are expressly authorized to
enter upon the affected property for that purpose. The Fire Chief shall keep an
account of the abatement costs and shall prepare an itemized report concerning
same. The rates and charges for such abatement shall be established by City
Council Resolution. The cost of such abatement and related administrative
costs, including any attorney time, shall constitute a nuisance abatement lien on
the affected property as more particularly set forth in Government Code Section
38773.1, and a special assessment against the affected property which may be
collected by the County Tax Collector as more particularly set forth in
Government Code Section 38773.1. At least thirty (30) days prior to the
recordation of the lien, or submission of the report to the County Tax Collector
for collection of a special assessment, the property owner shall receive notice
from the Fire Department of the Fire Department's intention to charge the
property owner for the aforementioned abatement and related administrative
costs. The property owner may appeal to the Fire Chief within fifteen (15) days of
the date of the notice and request a hearing prior to the recordation of the lien or
submission of the report to the County Tax Collector for collection of the special
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assessment. The decision by the Fire Chief shall be final. In addition to the
foregoing, the Fire Department is authorized to prosecute a civil action to collect
such abatement costs from the property owner or other person in possession or
control of the affected property.
Appendix II -C, Section 6.2.1 is amended to read as follows:
6.2.1. General. Portions of floats more than one hundred fifty feet (150')
from fire apparatus access and marine motor vehicle fuel -dispensing stations
shall be equipped with an approved wet standpipe system in accordance with the
Building Code.
4.08.130 Enforcement and Penalties.
A. In addition to the enforcement powers and/or remedies provided in this
chapter, the Fire Chief and the Chief Building Official/Fire Marshal shall have the power
to enforce the provisions of this chapter as provided in Chapters 1.40, 1.42, 1.44, and
1.46.
B. The violations of the Fire Code as adopted in this chapter are
misdemeanors/infractions and are subject to the penalties set forth in Section 1.42.010
of the San Rafael Municipal Code.
C. The imposition of one penalty for any violation shall not excuse the
violation or permit it to continue and all such persons shall be required to correct or
remedy such violations or defects within a reasonable time and, when not otherwise
specified each day that a violation occurs or continues, after a final notice has been
delivered shall constitute a separate offense. The application of both penalties shall not
be held to prevent the enforced correction of prohibited conditions.
D. Nothing contained in Subsections A through C of this Section shall be
construed or interpreted to prevent the City from recovering all costs associated with a
Fire Department response as described in Section 101.5.2 of the Fire Code.
E. Any violation of any provision of this chapter shall constitute a public
nuisance, and shall entitle the City to collect the costs of abatement and related
administrative costs, by a code enforcement assessment lien and special assessment
pursuant to Section 1.46.160 of the San Rafael Municipal Code, or by a nuisance
abatement lien and special assessment pursuant to Government Code Sections
38773.1 and 38773.5. Prior to recordation of such a lien or processing such a request
for special assessment, the City shall give written notice to the record owner of the
affected property. In addition, the City shall be entitled to collect such abatement costs
and related administrative costs, together with litigation costs and attorneys' fees, in a
civil action pursuant in Section 1.42.020 of the San Rafael Municipal Code.
4.08.140 Appeals.
A. Any person receiving a bill for Fire Department response costs and
expenses pursuant to Section 104.12 of the Fire Code, may file within thirty (30) days
after the date of mailing the bill, an administrative appeal against imposition of the civil
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penalty or response costs and expense. The appeal shall be in writing and filed with the
Fire Chief, and shall include a copy of the bill and statement of the grounds for appeal.
The Fire Chief shall conduct an administrative hearing on the appeal, after giving the
appellant at least ten (10) days' advance written notice of the time and place of the
hearing. Within ten (10) days after the hearing, the Hearing Officer shall give written
notice of the decision to the appellant, which decision shall be final. If the appeal is
denied in part or full, all amounts due shall be paid within thirty (30) days after the
mailing of the notice of the decision of the Hearing Officer.
B. Whenever the Fire Chief shall disapprove an application or refuse to grant
a permit applied for, or when it is claimed that the provisions of the code do not apply or
that the true intent and meaning of the code have been misconstrued or wrongly
interpreted, the applicant may appeal from the decision of the Fire Chief to the City
Council within ten (10) days from the date of the decision. The provisions of this section
shall not apply to corrective actions for the clearance of brush or vegetative growth from
structures as outlined in Item 16.2 of Appendix II -A of the Fire Code, as amended in
Section 4.08.120 of this code, or to matters for which an appeal is provided pursuant to
4.08.140(A) above.
DIVISION 2.
California Health and Safety Code Sections 17958.5, 17958.7, and
18941.5 require that findings be made in order to change or modify building
standards found in the California Building Standards Code based on local
climatic, geologic, or topographic conditions.
Therefore, the San Rafael City Council hereby finds that these
changes or modifications to the Fire Code as adopted in Title 4 of the San Rafael
Municipal Code are reasonably necessary because of the following local climatic,
geological and topographical conditions:
I. Climatic conditions
a. Most of the annual rainfall in San Rafael occurs during the winter; it receives no
measurable precipitation between May and October. During this time,
temperatures average between 70 and 90 degrees. These conditions eliminate
most of the moisture in the natural vegetation and heavily wooded hillsides. The
area also suffers periodic droughts that can extend the dry periods to other
months of the year. These conditions can be further exacerbated by occasional
off -shore hot, dry, Santa -Anna winds.
b. Most of the annual rainfall in San Rafael occurs during the winter, and some
portions of San Rafael are subject to tidal influences, there are times that
flooding conditions occur in low-lying areas
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II. Geoloaic conditions
a. San Rafael lies near several earthquake faults, including the very active San
Andreas fault; there are significant potential hazards such as road closures, fires,
collapsed buildings, and isolation of residents requiring assistance.
b. Many areas of the City, including some highly developed industrial and
commercial areas, are located on bay alluvial soils which are subject to
liquefaction in the event of an earthquake.
III. Topographic conditions
a. Much of San Rafael is located in hilly areas, and many of the residential areas
are heavily landscaped, and many exist adjacent to hilly open space areas which
are characterized by dry vegetation and have limited access. In addition, the
steepness of grades located in the hills and canyons results in narrow and
winding roads, and limited water supply.
b. The major arterial route between San Francisco and Marin and Sonoma county
areas, Highway 101, bisects the City of San Rafael; should that highway become
impassable, alternative routes via surface streets in San Rafael may cause
heavy traffic congestion, limiting emergency access.
More specifically, the above modified building standards are listed below with the
corresponding climatic, geological or topographical condition which necessitates the
modification.
Section Number Climatic, geological and topographical condition
316
la, Ila, Ilb, [Ila, IIIb
503.1.5
la, Ib, Ila, Ilia
505.1
la, Ila, Ilia
506.1
la, Ila, Ilb
508.5.1.1
la, Ilia
510.1.1
la, Ila, Ilb, Ilia
903.2
la, Ila, Illa,lllb
907.2.2.1
la, Ilia
907.2.10.5.3 (a)
la, Ila, Ilia
1013.1
Ib, Ila
1026.6
Ila, Ilb
1027.5.2
la, Ila, Ilb, IIIb
3404.3.3.11
la, Ila, IIIb
App. II -A, Sec. 7
la, Ilia
App. II -C, Sec. 6.2.1
la, Ilia, IIIb
M
DIVISION 3. All former Ordinances or parts thereof conflicting or
inconsistent with the provisions of this Ordinance codified in this chapter or the Code
hereby adopted are hereby repealed.
DIVISION 4. If any section, subsection, sentence, clause or phrase of this
Ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portion of this Ordinance. The City Council of the City of San Rafael
hereby declares that it would have adopted the Ordinance and each section,
subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases shall be declared invalid.
DIVISION 5. A Summary of this Ordinance shall be published and a
certified copy of the full text of this Ordinance shall be posted in the office of the City
Clerk at least five (5) days prior to the Council Meeting at which it is adopted.
This Ordinance shall be in full force and effective on January 1, 2008, and the
Summary of this Ordinance shall be published within fifteen (15) days after the
adoption, together with the names of the Councilmembers voting for or against same, in
the Marin Independent Journal, a newspaper of general circulation published in the City
of San Rafael, County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office
of the City Clerk, a certified copy of the full text of this Ordinance along with the names
of those Councilmembers voting for and against the Ordinance.
?qtg //�
ALBERT J. IVR6, Mayor
Attest:
JEA NE M. LEONCI�City,lerk
The foregoing Ordinance No. 1864 was read and introduced at a Regular
meeting of the City Council of the City of San Rafael, held on the 5th day of November,
2007 and ordered passed to print by the following vote, to wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
Cohen, Heller, Miller, Phillips & Mayor Boro
None
None
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular
meeting of the Council to be held on the 19th day of November, 2007.
JEA E M. LEONCI I,City Clerk
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