HomeMy WebLinkAboutOrdinance 1692 (Adopt Fire Code; 1994 Edition)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. 1692
entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 4 OF THE
MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, ADOPTING A UNIFORM FIRE
CODE (1994 EDITION) 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"
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 4th day of DECEMBER,
1995, a summary of Ordinance No. 1692 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 18th day of DECEMBER, 1995, by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNILMEMBERS: None
WITNESS my hand and the official seal
of the City of San Rafael this
21st day of DECEMBER, 1995.
JEANN LEONCINI, City Clerk
ORDINANCE NO. 1692
AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING
TITLE 4 OF THE MUNICIPAL CODE OF THE CITY OF SAN
RAFAEL, ADOPTING A UNIFORM FIRE CODE 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
(1994 Edition)
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
Section 4.08.010 Purpose.
4.08.020 Adoption of a Uniform Fire Code.
4.08.030 Definitions.
4.08.040 Fire Prevention Bureau.
4.08.050 Authority to Arrest and Issue Citations.
4.08.060 Storage of Flammable and Combustible Liquids.
4.08.070 Bulk Storage of Liquefied Petroleum Gases.
4.08.080 Storage of Explosives and Blasting Agents.
4.08.090 Restrictions on Storage of Compressed Natural
Gas.
4.08.100 New Materials, Process or Occupancies which
may Require Permits.
4.08.110 Amendments to the Uniform Fire Code.
4.08.120 Penalties.
4.08.130 Appeals.
4.08.010 Purpose. The 1994 Uniform Fire Code as described in
Section 4.08.020 is hereby 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 ordinance.
4.08.020 Adoption of the 1994 Uniform Fire Code. The City
Council of the City of San Rafael hereby adopts that certain code
known as the 1994 edition of the Uniform Fire Code, 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, hereinafter "1994
Uniform Fire Code," save and except such portions as are hereby
deleted, modified or amended by Section 4.08.110 of this Ordinance.
Not less than three copies of said code shall be maintained in the
office of the City Clerk of the City of San Rafael.
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RIGIN' AL,e9"
ORDINANCE NO. 1692
The City Council of the City of San Rafael is aware that the 1994
Uniform Fire Code contains both building standards and non -building
standard maintenance regulations. It is the intent of the City
Council of the City of San Rafael that the amendments in Section
4.08.110 of this Ordinance, if they apply to building standards, are
equally applicable to all occupancies, as defined in Article 2 of the
1994 Uniform Fire Code, within the City of San Rafael,
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 of the City of San Rafael 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 below, the words
used in this Ordinance and in the 1994 Uniform Fire Code shall have
the meaning as defined in Article 2 of the 1994 Uniform Fire Code.
B. The following words are defined.
1. CORPORATE COUNSEL shall mean the City Attorney for the
City of San Rafael.
2. JURISDICTION shall mean the City of San Rafael.
3. 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.
4. REQUIRED FIRE FLOW shall mean 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 shall mean the renovation of any
structure, which combined with any additions to the structure, affects
a floor area which exceeds fifty percent of the existing floor area of
the structure. When any structural changes are made in the building,
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ORDINANCE NO. 1692
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 shall mean any use for a period of less than
90 days.
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 hereby 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 of the City of
San Rafael 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 Authoritv 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
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ORDINANCE NO. 1692
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 Storaae of Flammable or Combustible
Liquids in Aboveground Tanks Outside of Buildinas.
A. Pursuant to Sections 7902.2.2.1 and 7904.2.5.4.2 of the
Uniform Fire Code, except as provided in B below, the storage of
flammable and combustible liquids in outside aboveground tanks is
hereby prohibited in all areas of the City.
B. Providing storage is limited to 500 gallons of flammable
liquids or 1,000 gallons of combustible liquids at any one site, such
storage is permitted in 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.
3. Districts designated as GC, C/O, FBWC or PD (providing
that they are commercial use) only if the tank is wholly encased
within a vault built to standards developed by the Fire Department.
C. Bulk plants for the storage of flammable or combustible
liquids are hereby prohibited within the City.
4.08.070 Restrictions on the Storaae and Dispensina of Liauefied
Petroleum Gases.
A. Pursuant to Section 8204.2 of the Uniform Fire Code, except
as provided in B below, the storage of liquefied petroleum gas is
hereby prohibited in all areas of the City.
B. Storage, limited to 500 gallons of liquefied petroleum gas
at any one site, is permitted in 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.
3. Districts designated as GC, C/O, FBWC or PD (providing
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ORDINANCE NO. 1692
that they are commercial use) only if the tank is wholly encased with
a two hour fire protective coating to standards developed by the Fire
Department.
C. The storage of any LPG 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 hereby
prohibited in all districts of the City, except such dispensing is
permitted in 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.
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 will be able to relocate their facilities with the
express permission of the Chief and the City Council.
4.08.080 The Storage of Explosives and Blastina Aaents within
Citv 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 Storacre 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, LI/0 or CCI/0.
2. Districts designated as PD providing that they are
industrial use in nature.
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4.08.100 New Materials, Process 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 1994 Uniform Fire Code. The
1994 Uniform Fire Code is amended and changed in the following
respects:
Section 101.5 of Article 1 of the 1994 Uniform Fire Code is
hereby 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 1994 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 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 of Article 1 of the 1994 Uniform Fire Code is
hereby amended to read as follows:
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ORDINANCE NO. 1692
Section 103.2.1.1. Authority for Enforcement. The Chief is
authorized to administer and enforce this Code. Under the Chief's
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 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 of Article 1 of the 1994 Uniform Fire Code is
hereby amended by adding the following sentence thereto:
Section 105.3 Application for Permit. 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 of Article 1 of the 1994 Uniform Fire Code 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 1994 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 1994 Uniform Fire Code.
Section 901.3 of Article 9 of the 1994 Uniform Fire Code is
hereby amended by adding a paragraph thereto to read as follows:
Section 901.3 Timing of Installation.
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.
Section 902.2.4.1 of Article 9 of the 1994 Uniform Fire Code is
hereby amended by adding a sentence thereto to read as follows:
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ORDINANCE NO. 1692
Section 902.2.4.1 General. Any vehicle causing such an
obstruction shall be towed away at the owner's expense.
Section 902.4 of Article 9 of the 1994 Uniform Fire Code is
hereby amended by designating the existing section as Subsection
902.4.1 with a heading, and by adding Subsections 902.4.2 and 902.4.3
to read as follows:
Rey Boxes
Section 902.4.1 General.
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 box
system approved by the Chief.
Exception: Single family dwellings.
Section 902.4.3 Facilities with Hazardous Materials. All
facilities that are required to submit Hazardous Materials Business
Plans shall have installed a key box system approved by the Chief for
access to the facility and all buildings at the facility.
Section 903.4.2 of Article 9 of the 1994 Uniform Fire Code is
hereby amended by adding a section to read as follows:
Section 903.4.2 Required Installation. 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
4 1/2 inch outlet and one 2 1/2 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 1001.5.1 of Article 10 of the 1994 Uniform Fire Code is
hereby amended by adding the following sentences thereto to read as
follows:
Section 1001.5.1 General. 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
ORDINANCE NO. 1692
systems.
Section 1001 of Article 10 of the 1994 Uniform Fire Code is
hereby amended by adding Subsection 1001.11 to read as follows:
Section 1001.11 Permits. A permit is required for all fire
alarm systems, fire hydrant systems, fire extinguishing systems
(including automatic sprinklers), wet and dry standpipes, basement
inlet pipes and other fire -protection systems and appurtenances
thereto.
Section 1003.2 of Article 10 of the 1994 Uniform Fire Code is
hereby 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.
2. In newly created, attached, second dwelling units which are
defined as a substantial remodel in Section 4.08.030 of this
Ordinance.
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:
i. Buildings which are defined as a substantial remodel in
Section 4.08.030 of this Ordinance.
ii. Buildings in excess of 3,000 square feet which have
more than 10% floor area added within any 12 -month period.
iii. Exceptions:
1. 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. 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.
3. Group R, Division 3 occupancies where the "substantial
remodel" is for repair purposes only.
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ORDINANCE NO. 1692
Section 1003.3.1 of Article 10 of the 1994 Uniform Fire Code is
hereby amended to read as follows:
Section 1003.3.1 Where required. The alarm from any automatic
fire sprinkler system shall transmit fire and tamper signals 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.
Exception: Single family dwellings.
Section 1003.4 of Article 10 of the 1994 Uniform Fire Code is
hereby 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.]
Section 1007.2.9.2 of Article 10 of the 1994 Uniform Fire Code is
hereby amended by designating the existing section as Section
1007.2.9.2.1 and by adding Sections 1007.2.9.2.2 and 1007.2.9.2.3 to
read as follows:
Section 1007.2.9.2.1 Single Station Detectors.
Section 1007.2.9.2.2 Existing Group R, Division 1 occupancies by
January 7, 1995 shall have had installed approved single -station smoke
detectors in every dwelling unit or guest room in accordance with the
Building Code. The detectors shall take their primary source of power
from the building wiring with no intervening switches other than
required for overcurrent protection.
Section 1007.2.9.2.3 The owner and/or operator of every Group R,
Division 1 occupancy shall provide the Chief with written
documentation annually that the smoke detectors installed pursuant to
the Building Code or this section have been tested and are
operational. If detectors are found to be inoperable or are missing,
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ORDINANCE NO. 1692
such detectors shall be repaired or replaced immediately.
Section 1007.2.12.6 of Article 10 of the 1994 Uniform Fire Code
is hereby 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 of Article 10 of the 1994 Uniform Fire Code is
hereby amended by adding the following thereto to read as follows:
Section 1007.3.1 Design Standards. 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 of Article 10 of the 1994 Uniform Fire Code is
hereby 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 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 of Article 11 of the 1994 Uniform Fire Code is
hereby amended by deleting the last sentence and substituting the
following sentence in its place to read as follows:
Section 1102.2.2 Construction. 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
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ORDINANCE NO. 1692
flue openings adequately supported to prevent movement and visible
from the ground.
Section 1115 is hereby added to Article 11 of the 1994 Uniform
Fire Code to read as follows:
Roofing Materials
Section 1115.1 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 1115.2 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 1115.3 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 1116 is hereby added to Article 11 of the 1994 Uniform
Fire Code to read as follows:
Public Storage Facilities.
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Section 1116.1 Automatic Fire -Extinguishing System. All public
storage facilities shall be provided with an automatic fire sprinkler
system.
Section 1116.2 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 1116.3 Fire Apparatus Access Roads. All public storage
facilities shall have fire apparatus access roads provided in
accordance with Section 902.2 of the 1994 Uniform Fire Code.
Section 1116.4 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 1303.1 of the 1994 Uniform Fire Code 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 2501.19 of Article 25 of the 1994 Uniform Fire Code is
hereby amended by adding thereto a sentence to read as follows:
Section 2501.19 Personnel shall also perform, as required,
emergency medical care to the sick and injured.
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ORDINANCE NO. 1692
Section 5204.2 of Article 52 of the 1994 Uniform Fire Code is
hereby 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 of Article 52 of the Uniform Fire Code is hereby
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 7902.6.3 of Article 79 of the 1994 Uniform Fire Code is
amended by adding number 4 thereto.
Section 7902.6.3 Location.
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 of Article 79 of the 1994 Uniform Fire Code
is hereby 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 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 of
the 1994 Uniform Fire Code.
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ORDINANCE NO. 1692
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 1994 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 of Article 79 of the 1994 Uniform Fire Code
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 of Article 79 of the 1994 Uniform Fire Code
is amended by amending Exception 2 to read as follows:
Section 7904.6.5.2.2 Parking on Thoroughfares. Exception:
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ORDINANCE NO. 1692
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 a public assembly,
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 of Article 79 of the 1994 Uniform Fire Code
is hereby 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 is retained without change.]
Section 8001.1.1 of Article 80 of the 1994 Uniform Fire Code is
hereby 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 is retained without change.]
Section 8001.3.1 of Article 80 of the 1994 Uniform Fire Code is
hereby amended by adding a section to read as follows:
Section 8001.3.1 General. 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 of Article 80 of the 1994 Uniform Fire Code
is hereby amended by amending item number 5 of Subsection (b) to read
as follows:
Section 8001.4.5.1.1. General. Underground tanks used for the
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ORDINANCE NO. 1692
storage of hazardous materials shall meet the following:
a. Location shall be in accordance with Section 7902.6.3 of the
1994 Uniform Fire Code.
b. Corrosion protection shall be in accordance with Section
7902.6.15 of the 1994 Uniform Fire Code.
C. Inventory Control shall be in accordance with Section
7902.6.6 of the 1994 Uniform Fire Code.
d. Testing shall be in accordance with Section 7902.6.16 of the
1994 Uniform Fire Code.
Section 8001.15 of Article 80 of the 1994 Uniform Fire Code is
hereby added to read as follows:
Section 8001.15 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 of the 1994 Uniform Fire
Code.
Section 8003.4 of Article 80 of the 1994 Uniform Fire Code is
hereby amended by adding a sentence thereto which shall read as
follows:
Section 8003.4 Flammable and Combustible Liquids. Secondary
containment shall be in accordance with Section 8003.1.7.4 of the 1994
Uniform Fire Code.
Section 9001 of Article 90 of the 1994 Uniform Fire Code is
hereby amended by adding Subsection 9001.4 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 of the
1994 Uniform Fire Code.
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
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ORDINANCE NO. 1692
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, of the 1994 Uniform Fire Code is hereby
amended to read as follows:
Appendix II -A, 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
premises located within 200 feet of hazardous fire areas, shall be
provided with spark arresters conforming with Section 1102.2.2 of the
1994 Uniform Fire Code.
Appendix II -A, Section 16.2, of the 1994 Uniform Fire Code, is
hereby amended to read as follows:
Appendix II -A, 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
ORDINANCE NO. 1692
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.
Appendix II -A, Section 17 of the 1994 Uniform Fire Code is hereby
amended by adding the following sentence thereto:
Appendix II -A, 17. Clearance of Brush or Vegetative Growth from
Roadways. Corrective action, if necessary, shall be in the same
manner as Appendix II -A, Section 16.2.
Appendix II -C, Section 6.2.1 of the 1994 Uniform Fire Code is
hereby amended to read as follows:
Appendix II -C, 6.2.1. General. Portions of floats more than 150
feet from fire apparatus access and marine motor vehicle fuel -
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ORDINANCE NO. 1692
dispensing stations shall be equipped with an approved wet standpipe
system in accordance with Uniform Building Code Standard 9-2 and
Section 1004.
[Balance of Section is retained without change.]
4.08.120 Penalties.
A. The violations of the Uniform Fire Code as adopted herein are
misdemeanors/infractions and are subject to the penalties set forth in
Section 2.37.010 of the San Rafael Municipal Code.
B. The first citation, within a 12 -month period, for violations
of the Uniform Fire Code and any amendments adopted herein shall be
treated as a Civil Penalty payable directly to the City of San Rafael
and is set at $90 plus the actual costs of all inspections required to
gain compliance at the rate set from time to time by the Fire
Department. Said civil penalties shall be a debt owed to the City by
the person responsible for the violation within thirty (30) days after
the date of mailing of the citation unless an appeal is filed as
provided in Section 4.08.110(A). Upon failure to pay the civil
penalty when due, the responsible person shall be liable in a civil
action brought by the City for such civil penalty and costs of the
litigation, including reasonable attorney's fees.
C. Any subsequent citations within a twelve (12) month period
for any violations of the Uniform Fire Code and any amendments adopted
herein shall be misdemeanors/infractions, and shall be subject to the
penalties set forth in Section 2.37.010 of the San Rafael Municipal
Code.
D. 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.
E. Nothing contained in Subsections A through D of this Section
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ORDINANCE NO. 1692
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 1994 Uniform Fire Code.
F. 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 nuisance
abatement lien as more particularly set forth in Government Code
Section 38773.1, and by special assessment to be collected by the
County Tax Collector as more particularly set forth in Government Code
Section 38773.5. At least thirty (30) days prior to recordation of
the lien, or submission of the report to the Tax Collector for
collection of this special assessment, the record owner shall receive
notice from the Chief of the Department's intent to charge the
property owner for all administrative costs associated with
enforcement of this Ordinance and abatement of the nuisance. The
notice shall include a summary of costs associated with enforcement of
this Ordinance and abatement of the nuisance. The property owner may
appeal the Chief's decision to the City Council within fifteen (15)
days of the date of the notice and request a public hearing prior to
recordation of the lien or submission of the report to the County Tax
Collector for collection of the special assessment. 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, and
shall be entitled to recover such abatement costs, together with the
cost of litigation, including reasonable attorney's fees. The
provisions of this section shall not apply to corrective actions for
the clearance of brush or vegetative growth from structures as
outlined in Section 16.2 of Appendix II -A of the 1994 Uniform Fire
Code as amended in Section 4.08.110 of this Code.
4.08.130 Appeals.
A. Any person receiving a citation for a civil penalty pursuant
to Subsection B of Section 4.08.120, or a bill for Fire Department
response costs and expenses pursuant to Section 101.5.2 of the Uniform
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ORDINANCE NO. 1692
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 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 of the City of San Rafael within 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 1994
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
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ORDINANCE NO. 1692
phrases shall be declared invalid.
DIVISION 4. 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 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 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.
AIBER�!,V . BORO, Mayor
Attest:
JEAUE—M. LEONCINI, City Clerk
The foregoing Ordinance No. 1692 was read and introduced at a
Reaular meeting of the City Council of the City of San Rafael,
held on the 4th day of DECEMBER , 1995, and ordered
passed to print by the following vote, to wit:
AYES: COUNCILMEMBERS: Cohen, Phillips, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller
and will come up for adoption as an Ordinance of the City of San
Rafael at a Reaular meeting of the Council to be held on the
18th day of DECEMBER , 1995.
� � A. r.
JEAWE-�M. LEONCINI, City Clerk
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