HomeMy WebLinkAboutOrdinance 1735 (Establish Fire Prevention Bureau)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. 1735 entitled:
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING
CHAPTER 4.08, OF THE SAN RAFAEL MUNICIPAL CODE, ADOPTING THE UNIFORM
FIRE CODE, 1997 EDITION, WITH AMENDMENTS, AND PRESCRIBING
REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM
FIRE, EXPLOSION AND OTHER DANGERS, AND ESTABLISHING A FIRE
PREVENTION BUREAU AND PROVIDING OFFICERS THEREFOR, AND DEFINING
THEIR DUTIES AND POWERS"
was introduced at a REGULAR meeting of the City Council of the City of San Rafael,
held on the 3rd day of MAY, 1999, a summary of Ordinance No. 1735 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 17th day of MAY, 1999,
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
18th day of MAY, 1999
JEANit...o� A
M. LEONCINI.ity Clerk
ORDINANCE NO. 1735
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 4 OF THE
MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, ADOPTING THE UNIFORM FIRE
CODE, 1997 EDITION, WITH AMENDMENTS, AND PRESCRIBING REGULATIONS
GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE,
EXPLOSION AND OTHER DANGERS, AND ESTABLISHING A FIRE PREVENTION
BUREAU AND PROVIDING OFFICERS THEREFOR, AND DEFINING THEIR DUTIES
AND POWERS
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. UNIFORM FIRE CODE,
Sections: 4.08.010 Purpose.
4.08.020 Adoption of the Uniform Fire Code, 1997
Edition with Amendments.
4.08.030 Definitions.
4.08.040 Establishment and duties of a Fire Prevention
Bureau.
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 New materials, processes or occupancies
which may require permits.
4.08.110 Amendments made to the 1997 Uniform Fire
Code.
4.08.120 Enforcement and Penalties.
4.08.130 Appeals.
4.08.010 Purpose.
The 1997 Uniform Fire Code as described in Section 4.08.020 is adopted for the
following purposes:
1. To prescribe regulations in order to protect life and property from fire,
explosion, panic 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 Uniform Fire Code, 1997 Edition, with Amendments.
The City Council adopts that certain code known as the Uniform Fire Code, 1997
Edition, including appendixes I -C, II -A, II -B, II -C, III -D, IV -A, V-A, VI -A, VI -B, VI -D, VI -E,
of the International Fire Code Institute as amended by the California Building Standards
Commission in the California Code of Regulations, Title 24, Part 9, hereinafter "Uniform
Fire Code," save and except such portions as are deleted, modified or amended by
Section 4.08.110 of this chapter. Not less than three (3) copies of said code shall be
maintained by the office of the City Clerk.
The City Council is aware that the Uniform Fire Code contains both building
standards and non- building standard maintenance regulations. It is the intent of the
City Council that the amendments in Section 4.08.110 of this chapter, if they apply to
building standards, are equally applicable to all occupancies, as defined in Article 2 of
the Uniform Fire Code, within the City, notwithstanding whether the buildings are
regulated by the office of the State Fire Marshal (whose regulations are known as the
California Fire Code) or are locally regulated by the City. Further, it is the intent of the
City Council that any amendments made to sections of the Uniform Fire Code that are
republication of the Uniform Building Code are amendments to the appropriate sections
of the Uniform Building Code as well.
4.08.030 Definitions.
A. Except as words are defined in subsection B of this section, the words
used in this chapter and in the 1997 Uniform Fire Code shall have the meaning as
defined in Article 2 of the 1997 Uniform Fire Code.
B. The following words are defined.
1. "Corporate counsel' means the City Attorney for the City of San Rafael.
2. "Jurisdiction" means the City of San Rafael.
3. "Public storage facility" means any business that sells, leases or rents
space to the public that is enclosed, whether it is a building, storage container or similar
configuration.
4. "Required fire flow" means the quantity of water required for firefighting
purposes as determined by the Guide for Determination of Required Fire Flow, 1974
Edition, published by the Insurance Services Office and related standards developed by
the Fire Department.
5. "Substantial remodel" means the renovation of any structure, which
combined with any additions to the structure, affects a floor area which exceeds fifty
percent (50%) of the existing floor area of the structure. When any structural changes
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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.
6. "Temporary" means any use for a period of less than ninety (90) days.
7. "Uniform Fire Code" means the Uniform Fire Code, 1997 Edition,
promulgated by the International Fire Code Institute, with the amendments adopted by
the California Building Standards Commission and published in the California Code of
Regulations, Title 24, Part 9.
4.08.040 Establishment and duties of a Fire Prevention Bureau.
A. The Uniform Fire Code shall be enforced by the Fire Prevention Bureau of
the Fire Department which is established and which shall be operated under the
direction and supervision of the Fire Chief.
B. Pursuant to Sections 13143.5 and 13146 of the State Health and Safety
Code, it is the intent of the City Council that the Fire Prevention Bureau of the Fire
Department shall enforce all of the building standards and regulations herein adopted
and all regulations of the office of the State Fire Marshal.
C. The Fire Marshal, in charge of the Fire Prevention Bureau, shall be
appointed by the Fire Chief.
D. The Fire Chief may appoint such members of the Fire Department as
Inspectors as shall from time to time become necessary.
4.08.050 Authority to arrest and issue citations.
A. The Fire Chief, Division Chiefs, Chief Officers, Fire Marshal, Deputy Fire
Marshal, and Fire Prevention Bureau Inspectors shall have authority to arrest or to cite
any person who violates any provision of this chapter involving the Uniform Fire Code
or the California Building Standards Code regulations relating to fire and panic safety as
adopted by the State Fire Marshal, 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 7902.2.2.1 and 7904.2.5.4.2 of the Uniform 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.
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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
Uniform 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 Fire Chief to increase the maximum
capacities allowed by this section, in accordance with regulations and standards
adopted by the Fire Chief 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 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.
4.08.070 Restrictions on the storage and dispensing of liquefied petroleum gases.
A. Pursuant to Section 8204.2 of the Uniform Fire Code, except as provided
in subsection B of this section, the storage of liquefied petroleum gas is prohibited in all
areas of the City.
B. Storage, limited to one thousand (1,000) gallons of liquefied petroleum
gas 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
liquefied petroleum gas may be permitted at any one site provided that the liquefied
petroleum gas storage tank system is protected in a manner approved by the Fire
Chief:
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 Fire Chief.
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 liquefied petroleum gas 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;
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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 will be
able to relocate their facilities with the express permission of the Fire Chief 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 storage of explosives or blasting agents as set forth in Section
7701.7.2 of the Uniform Fire Code within City Limits.
4.08.090 Restrictions on storage of compressed natural gas.
Pursuant to Section 5204.5.2 of the Uniform Fire Code, 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 New materials, processes or occupancies which may require permits.
The Fire Chief and the Fire Marshal shall jointly 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 said
code. The Fire Marshal shall post such list in a conspicuous place in his office and
distribute copies thereof to interested persons.
4.08.110 Amendments made to the Uniform Fire Code.
The Uniform Fire Code is amended and changed in the following respects:
Section 101.5 is amended by designating the existing paragraph as Section
101.5.1 with a new heading and by adding a new Section 101.5.2 to read as follows:
Section 101.5.1 Liability of the Chief.
Section 101.5.2 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 Chief as provided in
Section 103.2.1.1 of the 1997 Uniform Fire Code, 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 clean up of
the incident. The City shall compute and bill the responsible party for such
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response 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 4.08.130
(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 103.2.1.1 is amended to read as follows:
Section 103.2.1.1. Authority for Enforcement. The Chief is authorized to
administer and enforce this Code. Under the Chiefs direction, the Fire
Department is authorized to enforce all Ordinances of the jurisdiction and the
laws of the State and Federal governments pertaining to:
Balance of Section 103.2.1.1 is retained without change except that Item (8) is
amended and Item (9) is added to read as follows:
8. The investigation of the cause, origin and circumstances of fires and
hazardous materials incidents.
9. The investigation and remediation of sites contaminated or potentially
contaminated with hazardous materials.
Section 105.3 is amended by adding the following sentence thereto:
The person actually maintaining, storing, using or handling permitted
materials or conducting processes, producing hazardous conditions, or installing
equipment shall apply for the permit.
Section 105.8 is hereby amended by adding permits f.6. Fire Protection Systems
and h.4. Hazardous Materials Sites to read as follows:
f.6. Fire Protection Systems. For permits for Fire Protection Systems,
see Section 1001.11 of the 1997 Uniform Fire Code.
h.4. Hazardous Materials Sites. To investigate or remediate sites
contaminated or potentially contaminated with hazardous materials. See Section
8001.3.1 of the 1997 Uniform Fire Code.
Section 901.3 is amended by adding a paragraph thereto to read as follows:
Failure to comply with this section upon written or verbal notice from the
Chief shall result in a Fire Department order to cease operations and desist
further operations until such time as adequate access and/or water for fire
protection is provided.
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Section 902.2.1 is amended by adding a sentence thereto to read as follows:
In addition, if the building is 3 or more stories or 35 feet (10 670mm) in
height, approved access roads for ladder truck operations shall be provided
within the necessary operational distances as specified by the chief.
Balance of Section 902.2.1 is retained without change.
Section 902.2.4.1 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 902.2.4.3 is added to read as follows:
902.2.4.3 Prohibition on Vehicular Parking on Private Accessways.
If, in the judgment of the Chief, it is necessary to prohibit vehicular parking
along private accessways serving existing facilities, buildings, or portions of
buildings in order to keep them clear and unobstructed for fire apparatus access,
the Chief may issue an Order to the owner, lessee or other person in charge of
the premises to paint the curbs red or install signs or other appropriate notices to
the effect that parking is prohibited by Order of the Fire Department. It shall
thereafter be unlawful for such owner, lessee or other person in charge of the
premises to fail to install, maintain in good condition, the form of notice so
prescribed. When such areas are marked or signed as provided herein, no
person shall park a vehicle adjacent to any such curb or in the private accessway
contrary to such markings or signs. Any vehicle so parked in the private
accessway may be towed away at the expense of the owner of the vehicle.
Section 902.4 is amended by amending the heading, amending the existing
section as Subsection 902.4.1 as follows, and by adding Subsections 902.4.2 and
902.4.3 to read as follows:
Key Entry Systems
Section 902.4.1 General. When access to or within a structure or an area
is unduly difficult because of secured openings or where immediate access is
necessary for life-saving or firefighting purposes, the chief is authorized to
require a key entry system to be installed in an accessible location. The key
entry system shall be of an approved type and if it is a box shall contain keys
necessary to gain access as required by the chief.
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Section 902.4.2 Buildings with Fire Protection Systems. All buildings
which have installed therein automatic supervised products of combustion fire
detection and alarm system, automatic fire sprinkler system or security gate shall
have installed a key entry system approved by the Chief.
Exception: Single family dwellings are excepted if only required due to a
detection or sprinkler system.
Section 902.4.3 Facilities with Hazardous Materials. All facilities that
are required to submit Hazardous Materials Business Plans shall have installed a
key entry system approved by the Chief for access to the facility and all buildings
at the facility.
Section 903.4.2 is amended by adding a paragraph thereto and an exception, to
read as follows:
When additions to structures are made, the nearest fire hydrant (if a new
fire hydrant is not required) shall be upgraded to the minimum standard of one
41/2 inch outlet and one 21/2 inch outlet.
Exception: If the cost of upgrading the fire hydrant exceeds 2% of the
cost of the project based on the building permit valuation.
Section 1001.3 is amended by renumbering the existing section as 1001.3.1 to
read as follows, and by adding a new section 1001.3.2:
Section 1001.3.1 Plans and Permits. A permit, from the Fire Department
is required and
Balance of Section 1001.3 is retained without change.
Section 1001.3.2 Expiration. Every permit issued under the provisions of
this code shall expire by limitation and become null and void if the work authorized by
such permit is not commenced within 180 days from the date of such permit, or if the
work authorized by such permit is suspended or abandoned at any time after the work
is commenced and thereafter no substantial work as authorized by such permit occurs
for a period of 180 days. Before such work can be recommenced, a new permit shall
be first obtained to do so, and the fee therefor shall be one half the amount required for
a new permit for such work, provided no changes have been made to the original plans
and specifications, and further provided that the suspension or abandonment has not
exceeded one year. Otherwise, to renew action on an expired permit, the permittee
shall pay a new full permit fee.
Any permittee holding an unexpired permit may apply for an extension of
time within which work may commence under the permit when the permittee is unable
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to commence work within the time required by this section for good and satisfactory
reasons. The chief may extend the time for action by the permittee for a period not
exceeding 180 days on written request of the permittee showing that circumstances
beyond the control of the permittee have prevented action from being taken. No permit
shall be extended more than once.
Section 1001.5.1 is amended by adding the following sentences thereto to read
as follows:
The Chief shall be notified, in writing, of the condition of all systems,
whether they are inoperative, deficient or certified within 30 days of any test or
inspection by any concern licensed by the Office of the State Fire Marshal. This
section shall also apply to residential fire sprinkler systems.
Section 1003.2 is amended by amending Section 1003.2.2 and by deleting
Sections 1003.2.3, 1003.2.4, 1003.2.5, 1003.2.6, 1003.2.7 and 1003.2.8 to read as
follows:
Section 1003.2.2 All Occupancies and Facilities. An automatic fire
sprinkler system shall be installed in all of the following:
1. Every newly constructed, freestanding building or facility.
Exception: Freestanding Group U occupancies not more than
1,000 square feet and provided with exterior wall and opening protection
as per Table 5-A of the Building Code.
2. In newly created, attached, second dwelling units which are defined as
a substantial remodel in Section 4.08.030 of this Code.
3. In all other existing buildings, sprinkler systems may be required by the
Chief with the concurrence of the Building Official in accordance with the
following:
L Buildings which are defined as a substantial remodel in Section
4.08.030 of this Code.
ii. Buildings in excess of 3,000 square feet which have more than 10%
floor area added within any 12 -month period.
Exceptions:
1. Group R, Division 3 occupancies not in the hazardous fire area
and with the available fire flow from the nearest fire hydrant greater than the
required fire flow.
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2. Group R, Division 3 occupancies where the "substantial remodel"
is for repair purposes only.
4. In all residential buildings required to be sprinklered above, attached
garages shall also be sprinklered, and in multi -family residential occupancies the
attics shall be sprinklered.
5. 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 sections 505.3, 506, and 508 of the
Uniform Building Code.
Section 1003.3.1 is amended to read as follows:
Section 1003.3.1 Where required. All valves controlling the water supply
for automatic sprinkler systems and water -flow switches on all sprinkler systems
shall be electrically monitored. Valve monitoring, water -flow, and trouble signals
shall be distinctly different and shall be automatically transmitted to a Central
Station which has been approved by the Fire Department and a nationally
recognized testing laboratory in accordance with standards developed by the
Fire Department.
The Central Station shall cause to be issued and the property owner shall
maintain a serially numbered central station fire alarm certificate from a
nationally recognized testing laboratory.
In multiple story buildings each floor shall have a separate monitored
water -flow switch.
Exceptions:
1. Underground key or hub valves in roadway boxes provided by the
municipality or public utility need not be monitored.
2. Single family dwellings.
Section 1003.4 is amended to read as follows:
Section 1003.4 Permissible Sprinkler Omissions. Subject to the
approval of the Fire Chief, and with the installation of alternative means of
protection, sprinklers may be omitted in rooms or areas as follows:
Balance of Section 1003.4 is retained without change.
follows:
Section 1006.2.1 is amended by adding a paragraph thereto to read as
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When any existing establishment that requires a Fire -extinguishing
system does not have a system that is currently listed, that system shall be removed
and a new listed system shall be installed, if there is a change in appliances and a
change of ownership of the establishment.
Section 1006.2.7 is amended to read as follows:
Section 1006.2.7 Portable fire extinguishers. In all locations, including
existing ones, a portable fire extinguisher having a minimum rating of 40-B:K shall be
installed within 30 feet (9144 mm) of commercial food heat -processing equipment, as
measured along an unobstructed path of travel, in accordance with UFC Standard 10-1.
In .existing locations the effective date for having the K rating on the fire extinguisher is
two years from the effective date of this Ordinance.
Section 1007.2.12.6 is amended to read as follows:
Section 1007.2.12.6 Corridors in Office Uses. When corridors in an -.
office use serve an occupant load of between 30-100, inclusive, 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 non -rated
openings on to the corridor and in "open -office" areas.
Section 1007.3.1 is amended by adding a paragraph to read as follows:
Fire alarm systems shall also meet the following:
1. Fire sprinkler alarms and fire alarm systems installed to reduce fire flow
so as not to require an automatic fire sprinkler system shall be Central Station.
2. All other fire alarm systems shall be local alarm.
Section 1007.3.4.2 is amended to read as follows:
Section 1007.3.4.2 Certification. All fire alarm systems shall have a
certificate issued by a nationally recognized testing laboratory indicating that the
system meets the standards of the laboratory and that it was installed in
accordance with approved plans and specifications. The certificate shall be
requested and obtained by a company that is on a list of approved vendors
maintained by the Fire Department. The property owner shall continue the
certificate at all times.
Section 1102.2.2 is amended by deleting the last sentence and substituting the
following sentence in its place to read as follows:
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The spark arrester shall be constructed and maintained in a workmanlike
manner of stainless steel, aluminum, copper, brass or woven galvanized wire
mesh 19 -gauge minimum with 3/8" minimum to 1/2" maximum opening mounted
over all outside flue openings adequately supported to prevent movement and
visible from the ground.
Section 1114 is added to read as follows:
SECTION 1114 --ROOFING MATERIALS
Section 1114.1 New Roofs. All new roofs shall be a minimum Class A
roof covering system which complies with Uniform Building Code Standard 15-2.
Exceptions may be granted by the Chief with the concurrence of the Building
Official for agricultural or other applications.
Section 1114.2 Existing Roofs. When roofs are repaired or replaced, the
fire rating of all roofing materials shall be as follows based on the percentage of
the replacement area in any 12 -month period.
1. Less than 25% replaced—No requirement.
2. 25% to less than 50% replaced—at the minimum, a Class C roof
covering system.
3. 50% or more replaced—a Class A roofing system, which complies with
Uniform Building Code Standard 15-2, shall be used.
4. In no case shall the roofing materials used be less fire resistive than the
existing roof.
Section 1114.3 All Roofs. All roofs covered by this section shall also
meet the following provisions.
1. The installer of the roof covering shall provide written certification of the
roof covering classification to the building owner and the Building Department.
The installer shall also install the roof covering in accordance with the
manufacturer's listing and the written certification shall indicate such.
2. The roofing material shall have passed a minimum 10 -year accelerated
weather test approved by a testing laboratory recognized by the State Fire
Marshal.
Section 1115 is added to read as follows:
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SECTION 1115 -- PUBLIC STORAGE FACILITIES.
Section 1115.1 Automatic Fire -Extinguishing System. All public storage
facilities shall be provided with an automatic fire sprinkler system.
Section 1115.2 Location on Property and Fire Resistance of Exterior.
All public storage facilities shall meet the minimum requirements for setback from
property lines or fire resistive construction as set forth in Table 5-A of the
Uniform Building Code for Group F, Division 1 occupancies.
Section 1115.3 Fire Apparatus Access Roads. All public storage
facilities shall have fire apparatus access roads provided in accordance with
Section 902.2.
Section 1115.4 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 Chief. This section shall apply to new and existing public storage
facilities.
Exception: Only those quantities of flammable and combustible liquids
necessary for maintenance of the facility may be stored by the facility
management.
Section 1202.1 is amended by adding a paragraph to read as follows:
Buildings, portions of buildings, or occupancies with over 100 occupant
load shall meet the requirements of sections 1211 and 1212 with regards to egress
illumination and identification upon a change of ownership.
Section 1303.1 is amended to read as follows:
Section 1303.1. General. In occupancies of a hazardous nature, where
access for fire apparatus is unduly difficult, or where special life and fire safety
hazards exist as determined by standards of the Fire Department, that
occupancy shall be required to develop and implement an Emergency Response
Plan, provide for an Emergency Response Team, Emergency Liaison Officer,
staff training and fire drills in accordance with Section 1303 and standards
developed by the Fire Department.
Section 2501.18 is amended by adding thereto a sentence to read as follows:
Personnel shall also perform, as required, emergency medical care to the
sick and injured.
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Section 5204.2 is amended to read as follows:
Section 5204.2 Standards. Compressed natural gas, motor vehicle fuel -
dispensing operations and facilities shall be in accordance with Uniform Fire
Code Standard 52.1, Nationally Recognized Standards and Standards
developed by the Fire Department.
Section 5204.5.2 is amended to read as follows:
Section 5204.5.2 Minimum CapaCity within Established Limits. Within
the limits established by law restricting the storage of CNG for the protection of
heavily populated or congested commercial areas, the aggregate capaCity of
any one installation shall not exceed 45,750 cubic feet (1 295 494 L).
Section 7901.7.4 is amended to read as follows:
Section 7901.7.4 Site assessment. In the event of a spill, leak or
discharge from a tank system, a site assessment shall be completed by the owner or
operator of such tank system if the chief determines that a potential fire, explosion or
environmental hazard exists. Such site assessments shall be conducted to ascertain
potential hazards and shall be completed and submitted to the Fire Department within a
time period established by the chief not to exceed 30 days.
Section 7902.2.10 is added to read as follows:
Section 7902.2.10 Underground piping of aboveground tanks. All
piping from aboveground tanks that is buried under the ground shall comply with
Sections 7902.6.11 through and including 7902.6.16 of this code.
Section 7902.4.4 is added to read as follows:
Section 7902.4.4 Underground piping of aboveground tanks. All
piping from aboveground tanks that is buried under the ground shall comply with
Sections 7902.6.11 through and including 7902.6.16 of this code.
Section 7902.6.3 is amended by adding number 4 thereto.
4. The storage of flammable or combustible liquids used as motor vehicle
fuels in underground storage tanks is prohibited in all residential districts.
Section 7902.6.16.3 is amended to read as follows:
Section 7902.6.16.3 Existing Tanks and Piping. Existing underground
storage tanks and piping shall be tested for leakage at the owner's or operator's
14
expense when the Chief has reasonable cause to believe a leak exists. Testing
shall be performed in conformance with the Nationally recognized standards and
the owners or operators shall provide the Chief with data setting forth the method
of testing that is to be used and shall submit the name of a qualified individual
who will conduct the test. Such testing shall consider the effects of temperature,
pressure and other variables and shall establish conclusively whether the tank or
piping is leaking. Pneumatic testing shall not be used for tanks. For piping, see
Section 7901.11.10.
Devices used for final testing of tanks shall be capable of detecting leaks
as small as 0.05 gallon per hour. For leaking tanks, see Section 7902.6.8 of the
1997 Uniform Fire Code.
When required by the Chief, such tests shall be conducted in the
presence of the Chief, and if they are not done so, will not be accepted as valid
test results.
The dispenser unit for the tank and piping that is believed to be leaking
shall not be used until such time as the tests are satisfactorily completed. If the
tanks and piping are not tested within the time specified by the Chief, or if the
testing indicates that a leak has occurred, the tanks shall be emptied until
approved for further use by the Chief or removed or abandoned in accordance
with this Code.
If the required testing indicates that a leak has occurred and there are
flammable, combustible or hazardous liquids present in the soil, and deemed by
the Chief to constitute a fire or environmental hazard, the party having control
shall conduct the necessary mitigation measures as required by local, state or
Federal laws and nationally recognized standards approved by the Chief.
Section 7904.6.5.2.1 is amended to read as follows:
Section 7904.6.5.2.1 Parking Near Residential, Educational, Assembly
and Institutional Occupancies and Other High Rise Areas. A tank vehicle
shall not be left unattended on any residential street; nor in or within five hundred
(500) feet of any residential area, apartment or hotel complex, educational,
public assembly, hospital or care facility at any time; or at any other place that
would, in the opinion of the Chief present an extreme life hazard.
In locations other than those specified in above, a driver shall not leave a
tank vehicle unattended on any street, highway, avenue or alley.
Section 7904.6.5.2.2 is amended by amending Exception 2 to read as follows:
15
2. Stops for meals during the day or night, if the street is well -lighted at the
point of parking and the tank vehicle is visible from the place of dining. The
vehicle location shall be in accordance with Section 7904.6.5.2.1. If the
restaurant is an assembly occupancy, the vehicle may be at one hundred and
fifty (150) feet instead of the five hundred (500) feet stated above;
Section 7904.6.5.2.3 is amended to read as follows:
Section 7904.6.5.2.3 Durations Exceeding One Hour. Tank vehicles
parked at any one point for longer than one hour shall be located off of streets,
highways, avenues or alleys in accordance with the distance provisions of
Section 7904.6.5.2.1, and
Balance of Section 7904.6.5.2.3. is retained without change.
Section 8001.1.1 is amended to read as follows:
Section 8001.1.1 General. The purpose of this article is to provide
requirements for the prevention, control and mitigation of dangerous conditions
related to the storage, dispensing, use and handling of hazardous materials,
provide the requirement for the submittal, review and acceptance of site
investigation and remediation on sites contaminated or possibly contaminated
with hazardous materials and to provide information needed by emergency
response personnel.
Balance of Section 8001.1.1 is retained without change.
Section 8001.3.1 is amended by adding a paragraph to read as follows:
No person, firm or corporation shall investigate or remediate a site that
has been or has potentially been contaminated with hazardous materials without
first obtaining a permit.
Section 8001.4.5.1.1 is hereby amended to read as follows:
Section 8001.4.5.1.1. General. Underground tanks used for the storage of
hazardous materials shall meet the following:
a. Location shall be in accordance with Section 7902.6.3.
b. Corrosion protection shall be in accordance with Section 7902.6.15.
c. Inventory Control shall be in accordance with Section 7902.6.6.
d. Testing shall be in accordance with Section 7902.6.16.
16
Section 8001.5.2.6 is hereby added to read as follows:
Section 8001.5.2.6 Site assessment. When there has been an
unauthorized discharge of hazardous materials, a site assessment shall be conducted
in accordance with Section 7901.7.4.
Section 8001.17 is added to read as follows:
Section 8001.17 Parking and Garaging. The parking and garaging of
vehicles used for the transportation of hazardous materials shall comply with
Sections 7904.6.5 and 7904.6.6.
Section 8003.4 is amended by adding a sentence thereto which shall read as
follows:
Secondary containment shall be in accordance with Section 8003.1.3.3.
Section 9001.4 is hereby added to read as follows:
Section 9001.4 Nationally Recognized Listed Products. Any installation
of products and equipment due to permits required by this code shall be Listed
and Labeled, as defined in Section 213.
Exceptions:
1. Those products where no listing category exists by a Nationally
Recognized Testing Laboratory.
2. Those products where, although a listing category exists, no companies
have obtained a listing on the specific product.
3. Those products where only one company is listed.
4. If any of the above exceptions apply, the product shall be designed and
constructed in accordance with an industry code or engineering standard
approved by a nationally recognized testing laboratory for the applicable use.
Appendix II -A, Section 7, is amended to read as follows:
SECTION 7 -- SPARK ARRESTERS.
Chimneys used in conjunction with fireplaces, barbecues, incinerators or heating
appliances in which solid or liquid fuel is used, upon buildings, structures or
17
premises located within 200 feet of hazardous fire areas, shall be provided with
spark arresters conforming with Section 1102.2.2.
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 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 Certified 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 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 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 Certified 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 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 Marshal 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 Marshal of the
Fire Department's intention to charge the property owner for the aforementioned
abatement and related administrative costs. The property owner may appeal
from the Fire Marshal's decision 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
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.
im
Appendix II -A, Section 17 is amended by adding the following sentence thereto:
Corrective action, if necessary, shall be in the same manner as Appendix
II -A, Section 16.2.
Appendix II -C, Section 6.2.1 is amended to read as follows:
6.2.1. General. Portions of floats more than 150 feet from fire apparatus
access and marine motor vehicle fuel -dispensing stations shall be equipped with
an approved wet standpipe system in accordance with Uniform Building Code
Standard 9-2 and Section 1004.
4.08.120 Enforcement and Penalties.
A. In addition to the enforcement powers and/or remedies provided in this
chapter, the Chief 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 Uniform 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 cost associated with a
Fire Department response as described in Section 101.5.2 of the Uniform 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.
4.08.130 Appeals.
A. Any person receiving a bill for Fire Department response costs and
expenses pursuant to Section 101.5.2 of the Uniform Fire Code, may file within thirty
(30) days after the date of mailing the citation or bill, an administrative appeal against
imposition of the civil 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
19
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 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 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 Uniform Fire Code, as
amended in Section 4.08.110 of this code, or to matters for which an appeal is provided
pursuant to 4.08.120(A) above.
DIVISION 2. All former Ordinances or parts thereof conflicting or
inconsistent with the provisions of this Ordinance or the Code hereby adopted are
hereby repealed.
DIVISION 3. 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 4. Health And Safety Code sections 17958.5, 17958.7, and
18941.5 require that findings be made in order to exceed the requirements found in the
California Building Standards Code based on local climatic, geologic, or topographic
conditions. Some of the amendments to the Uniform Fire Code made by the City of
San Rafael include provisions that are more restrictive than the 1998 California Building
Standards Code (Title 24, Part 9). Therefor, the San Rafael City Council hereby finds
that these more restrictive provisions in the Uniform Fire Code are reasonably
necessary because of the following local climatic, geological and topographical
conditions:
I. Climatic conditions
a. Because most of the annual rainfall in San Rafael occurs during the winter, the
summer months bring on a pseudo drought condition every year. The lack of
summer rain combined with hot, windy days create conditions that could
dangerously spread fires.
20
b. Because most of the annual rainfall in San Rafael occurs during the winter, and
because some portions of San Rafael are subject to tidal influences, there are times
that flooding conditions may restrict the Fire Department's ability to respond to fires.
II. Geologic conditions
a. Because San Rafael lies near several earthquake faults, there are significant
potential hazards such as road closures (resulting from landslides or Highway 101
failure), fires, collapsed buildings and isolation of residents requiring assistance.
b. Because San Rafael is the major economic center of Marin County and is
situated along the Highway 101 corridor, traffic congestion can create conditions
that may restrict the Fire Department's ability to respond to fires.
III. Topographic conditions
Because much of San Rafael is located in hilly areas, there can be conditions
which may limit the ability of the Fire Department to respond to and contain fires
such as steepness of grade, narrow and winding roads, and water supplies.
Health and Safety Code Section 17958.7 further requires that the modification or
change be expressly marked and identified as to which each finding refers. Therefore,
the San Rafael City Council finds that the following table provides code sections, that
have been modified in Division 1, Section 4.08.110 of this Ordinance, which are
building standards as defined in Health and Safety Code Section 18909, and the
associated referenced conditions for modification due to the local climatic, geological
and topographical reasons.
Section Number
1003.2.3
1003.3.1
1006.2.1
1007.2.12.6
1007.3.1
1102.2.2
1114
1115
1202.1
App. II -A, Sec. 7
App. II -C, Sec. 6.2.1
Local climatic, geological and topographical condition
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Ila, Ilb
Ila, Ilb
Ila, Ilb
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Ib, Ila, Ilb
Ib, Ila, Ilb
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21
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 effect thirty (30) days after its final
passage, 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.
N
-•10
Attest:
JE NE M. LEONCI I, City Clerk
The foregoing Ordinance No. 1735 was read and introduced at a Regular
meeting of the City Council of the City of San Rafael, held on the 3`d day of May, 1999
and ordered passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips, and 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 council to be held on the 17th day of May, 1999.
JEPME M. LEONCINI, City Clerk