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HomeMy WebLinkAboutOrdinance 1494 (Fire Code; 1982 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. 1494 entitled: AN CRDINANCE 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 UNIFORM FIRE CODE STANDARDS, PRESCRIBING REGULATIONS FIREGOVERNING EXPLOSCONDITIONS OTHEg,ADANGERSO LIFE AND PROPERTY FROM AND ESTABLISING ABUANDUOF FIRE DEFINING THEIRNTION AND DUTIES ANDRPOWERSG OFFICERS THEREFORE, (1982 Edition) 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 6th day of August , 19 84 published as required by City Charter in the 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 20th day of August 19 84 by the following vote, to wit: AYES: COUNCILhE11BERS: Frugoli, Nave, Russom & Mayor Mulryan NOES: COUNCILMEhIBERS: None ABSENT: COUNCILNIEMBERS: Breiner J WITNESS my hand and the official seal of the City of San Rafael this 28th day of August , 19-&4- J EAN 11 9-&4. JEANS F h1`LEONCINI �\ City Clerk ORDINANCE NO. 1494 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 UNIFORM FIRE CODE STANDARDS, PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE, EXPLOSION AND OTHER DANGERS, AND ESTAB- LISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR, AND DEFINING THEIR DUTIES AND POWERS (1982 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 and shall read as follows: TITLE 4. UNIFORM FIRE CODE Section 4.08.010 Purpose. 4.08.020 Definitions. 4.08.030 Adoption of a Uniform Fire Code. 4.08.040 Bureau of Fire Prevention. 4.08.050 Storage of Flammable and Combustible Liquids. 4.08.060 Bulk Storage of Liquefied Petroleum Gases. 4.08.070 Storage of Explosives and Blasting Agents. 4.08.080 Permits. 4.08.090 Amendments to the Uniform Fire Code. 4.08.100 Penalties. 4.08.110 Appeals. 4.08.010 Purpose. The adoption of a Uniform Fire Code is for the following purposes: 1. Prescribing regulations governing conditions hazardous to life and property from fire, explosion, panic, and other disasters; the storage of flammable liquids, bulk petroleum products, and explosives and blasting agents. 2. Providing for permits. 3. Providing a Bureau of Fire Prevention. 4. Providing penalties for violations of this ordinance. 4.08.020 Definitions. A. Whenever the word "jurisdiction" is used in the Uniform Fire Code, it shall be held to mean the City of San Rafael. B. Whenever the term "corporate counsel" is used in the Uniform Fire Code, it shall be held to mean the City Attorney for the City of San Rafael. ORDINANCE NO. 1494 4.08.030 Adoption of the Uniform Fire Code. The City of San Rafael hereby adopts that certain code and standards known as the Uniform Fire Code, including appendixes I -B, II -A, II -B, II -C, III -B, IV -A, and V-A, and the Uniform Fire Code Standards, recommended by the Western Fire Chiefs' Association and the International Conference of Building Officials being particularly the 1982 Edition thereof save and except such portions as are hereby deleted, modified or amended by Section 4.08.090 of this Ordinance, of which Code and Standards not less than three copies have been and are now filed in the office of the City Clerk of the City of San Rafael and the same are hereby adopted and incorporated as fully set out at length herein and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the city limits of the City of San Rafael. 4.08.040 Establishment and Duties of Bureau of Fire Prevention. A. The Uniform Fire Code shall be enforced by the Bureau of Fire Prevention of the Fire Department of the City of San Rafael which is hereby established and which shall be operated under the supervision of the Fire Chief of the Fire Department. B. The Chief in charge of the Bureau of Fire Prevention shall be appointed by the Fire Chief of the City of San Rafael. C. The Fire Chief of the Fire Department may detail such members of the Fire Department as inspectors as shall from time to time become necessary. 4.08.050 Establishment of Limits of Districts in Which Storage of Flammable or Combustible Liquids in Outside Above Ground Tanks is to be Prohibited. A. The storage of flammable liquids in outside above ground tanks is hereby prohibited in all areas of the City with the following exceptions: 1. Those districts designated in Title 14 as P -C -M or M. 2. Those districts designated in Title 14 as U providing that the surrounding districts are P -C -M or M. 3. Those districts designated in Title 14 as P -C, C-2, C-3 or U (if not covered in 2. above) only if the tank is wholly encased within a vault built to standards developed by the Fire Department. - 2 - ORDINANCE NO. 1494 B. Bulk plants for flammable or combustible liquids are hereby prohibited within the City. 4.08.060 Establishment of Limits in Which Bulk Storage of Liquefied Petroleum Gases is to be Prohibited. A. The storage of more than 500 gallons of liquified petroleum gas is hereby prohibited in all districts of the City except those designated in Title 14 as P -C -M, M or those districts designated as U providing that the surrounding districts are P -C -M or M. B. The storage of more than 12,000 gallons of LPG is hereby prohibited in all areas without specific approval of the Fire Department. C. The storage of any LPG in any residential district is prohibited unless natural gas is unavailable. 4.08.070 Establishment of Limits of Districts in Which Storage of Explosives and Blasting Agents is to be Prohibited. There shall be no storage of explosives or blasting agents as set forth in Section 77.106(b) of the Uniform Fire Code within the city limits of the City of San Rafael. 4.08.080 New Materials, Process or Occupancies Which May Require Permits. The Fire Chief and the Chief of the Bureau of Fire Prevention shall act as a committee to 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 Chief of, the Bureau of Fire Prevention shall post such list in a conspicuous place in his office and distribute copies thereof to interested persons. 4.08.090 Amendments Made to the Uniform Fire Code. The Uniform Fire Code is amended and changed in the following respects: Section 2.101 of Article 2 is hereby amended and shall read as follows: Section 2.101. Responsibility for Enforcement. The Chief shall be responsible for the administration and enforcement of this Code. Under his direction, the Fire Department shall enforce all ordinances of the jurisdiction and the laws of the State and Federal governments pertaining to: - 3 - ORDINANCE NO. 1494 Section 2.101(c) of Article 2 is hereby amended and shall read as follows: Section 2.101(c). The storage, use, disposal, handling and transportation of explosive, flammable, combustible, toxic, cor- rosive, and other hazardous materials as defined in Section 9.110. Section 2.108 of Article 2 is hereby amended by designating the existing paragraph as subparagraph (a), and by adding subparagraph (b) to read as follows: Section 2.108(b). The expense of securing any emergency that is within the responsibility for enforcement of the Fire Chief as given in Section 2.101 is a charge against the person who caused the emergency. Damages and expenses incurred by any public agency having jurisdiction or any public agency assisting the agency having jurisdiction shall constitute a debt of such person and shall be collectable by the Fire Chief for proper distribution in the same manner as in the case of an obligation under contract expressed or implied. Expenses as stated above shall include, but not be limited to, equipment and personnel committed and any payments required by the public agency to outside business firms requested by the public agency to secure the emergency. Section 4.102(b) of Article 4 is hereby amended and shall read as follows: Section 4.102(b). Conditions of Permits or Certificates. A permit issued under this Code shall be in force for one calendar year from the date of issuance and shall not be transferrable and any change in use, occupancy, operation or ownership shall require a new permit. Section 9.110 of Article 9 is hereby amended by adding the definition of hazardous materials thereto. Section 9.110(H). Definitions. Hazardous materials shall include all materials classified as such in Title 49 of the Code of Federal Regulations and highly toxic materials, reactive materials, unstable materials, hypergolic and pyroforic materials, as defined in this Article or any substance or mixture of substances which is a strong sensitisor, or which generates pressure through exposure to heat, decomposition or other means. ORDINANCE NO. 1494 Article 9.120 of Article 9 is hereby amended by adding the definition of Required Fire Flow thereto. Section 9.120(R). Definitions - Required Fire Flow shall mean the quantity of water required for firefighting purposes as deter- mined by the use of the guide for determination of required fire flow, 1974 edition, published by the Insurance Services Office and related standards developed by the Fire Department. Section 9.121 of Article 9 is hereby amended by adding spark arrestor and supervised products of combustion fire detection and alarm system thereto. Section 9.121(S). Definitions - Spark Arrestor shall mean a device constructed in a workman -like 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 in or over all out- side flue openings adequately supported to prevent movement and visible from the ground. Supervised Products of Combustion Fire Detection and Alarm System shall mean a system that has detectors sensitive to any product of combustion (except that a system consisting entirely of detectors sensitive to heat only may not be acceptable unless approved by the Fire Department), has devices to sound an alarm clearly audible in all areas of the structure when intervening doors are closed, has detectors installed in locations and in a manner approved by the Fire Department, has a signal or intercommunications system used for no other purpose than fire warning and which transmits a signal to a Central Station approved by a nationally recognized testing laboratory. Such system shall be installed and maintained in accordance with the standards of the National Fire Protection Association and the Fire Department. Section 10.205(b) of Article 10 is hereby amended and shall read as follows: Section 10.205(b). No person except a public officer acting within the scope of his public duties shall trespass upon any road or trail which has been closed and obstructed in the manner authorized by this section without the express permission of the Chief nor shall any person park any vehicle so as to obstruct the entrance to or travelled way of such road or trail. Any vehicle causing such obstruction shall be towed away at the owner's expense. - 5 - ORDINANCE NO. Section 10.209 of Article 10 is hereby amended by designating the existing paragraph as subparagraph (a) and by adding subparagraph (b) to read as follows: Section 10.209(b). All buildings which have installed therein an automatic supervised products of combustion fire detection and alarm system, automatic fire sprinkler system or security gate shall have installed an approved key box system. Section 10.210 is hereby added to the Code and shall read as follows: Section 10.210. Emergency Brigades. 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 the Fire Department, that occupancy shall be required to develop and imple- ment an Emergency Plan per Fire Department Standards. The Plan shall provide for an emergency brigade and shall designate an Emergency Brigade Liaison Officer and other elements as approved by the Fire Department. Section 10.301(d) of Article 10 is hereby amended and shall read as follows: Section 10.301(d). Timing of Installation. All required fire protection facilities including fire hydrants and access roadways shall be installed and made serviceable prior to and during the time of construction. Blocking of fire protection facilities is hereby prohibited. Failure to comply with this section upon written or verbal notice from the Fire Chief or his designated representative 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 10.307 of Article 10 is hereby amended by adding thereto subparagraphs (e), (f), (g), (h) and (i) which shall read as follows: Section 10.307(e). Any structure with the calculated required fire flow in excess of one thousand five hundred (1,500) gallons per minute in the following categories shall have an approved supervised products of combustion fire detection and alarm system installed throughout: _ 6 _ ORDINANCE NO. 1) new buildings; 2) existing buildings with new construction exceeding 10% of the gross floor area or; 3) exceptions: single family residences and buildings that have an approved automatic fire sprinkler system in them are exempt from this requirement. Section 10.307(f). No single family dwelling or multiple family occupancy shall be sold and no structural change or repair of a value in excess of $1,000 shall be made thereto unless and until the structure has had installed therein an approved fire detection products of combustion system which has been approved by the Fire Marshal of the State of California. The detector shall be sensitive to any of the products of combustion except that detectors sensitive to heat only are not acceptable. Alarm signaling devices shall be clearly audible in all bedrooms when all intervening doors are closed. For the purpose of installation and maintenance, only the applicable sections of National Fire Protection Association #74 standard for the installation, mainten- ance and use of household fire warning systems shall be considered acceptable engineering practices. Section 10.307(8). No hotel as defined in Section 409 of the Uniform Building Code or as amended therein shall be sold or other- wise transferred, constructed or repaired, reconstructed or altered within any 12 month period by more than $10,000 at one time unless and until the building has installed therein an approved supervised products of combustion fire detection and alarm system. When, in the opinion of the Chief of the Fire Department, installation of said detector system in a hotel as defined herein is deemed unnecessary because of nature and type of building construction, layout, number of exits or other factors which, in the judgment of the Chief, make the detector requirement unnecessary, the detector system requirement may be omitted. In such case, the Chief shall make written findings to support his decision. Section 10.307(h). No person shall install, have installed, or operate any device that automatically dials the emergency telephone of the fire department and that utilizes pre-recorded messages. - 7 - ORDINANCE NO. No person shall install, have installed, use, or operate any device that automatically dials any telephone number for the purpose of fire or medical emergency without obtaining written per- mission from the person or firm having control of the number called, providing the fire department with same, and filing for a "no fee" permit for the device. Section 10.309 of Article 10 is hereby amended by adding thereto subparagraphs (h) and (i) which shall read as follows: Section 10.309(h). Standard automatic sprinkler systems shall be installed throughout all buildings five or more stories in height, or 70 feet in height. Section 10.309(1). Any structure with a calculated required fire flow in excess of two thousand two hundred and fifty (2,250) gallons per minute in the following categories shall have installed throughout a standard automatic sprinkler system: 1) new buildings; 2) existing buildings with new construction exceeding 10% of the gross floor area per year; 3) exceptions: single family dwellings. Section 10.310 of Article 10 is hereby amended and shall read as follows: Section 10.310. Sprinkler System Alarms. The alarm from any automatic fire sprinkler system shall transmit fire and tamper signals to a Central Station approved by a nationally recognized testing laboratory in accordance with standards developed by the Fire Department. Section 10.311 of Article 10 is hereby amended and shall read as follows: Section 10.311. Subject to the approval of the building official and with the concurrence of the Chief of the Fire Depart- ment, sprinklers may be omitted in rooms or areas as follows: 1) when sprinklers are considered undesirable because of the nature of the contents or the rooms or areas which are of noncombustible construction withholding noncombustible contents and which are not exposed by other areas sprinklers shall not be omitted from any room merely because it is damp or of fire resistent construction. For this deletion to be in effect, an automatic fire detection system is required in the room or area; _ 8 _ ORDINANCE N0. 2) sprinklers shall not be installed when the application of water or flame and water to the contents may constitute a serious life or fire hazard as in the manufacture or storage of quantities of aluminum powder, calcium carbide, calcium phosphide, metalic sodium and potasium, quick lime, magnesium powder and sodium peroxide. This omission is only permissible with the installation of an automatic fire detection system in the room and appropriate warning signs on the door leading to the room; 3) safe deposit or other vaults of fire resistive construction when used for the storage of records, files and other documents when stored in metal cabinets. The use of this exception shall be coincidental with the installation of an alternative fire extinguishing system; 4) communications equipment areas under the exclusive control of a public communication utility agency, provided: a) the equipment areas are separated from the remainder of the building by one hour of fire resistive occupancy separation; b) such areas are used exclusively for such equipment; c) an approved automatic fire smoke detection system is installed in such areas and is supervised by an approved central station; and d) other approved fire protection equipment such as por- table fire extinguishers or Class II standpipes are installed in such areas; 5) in buildings or areas of buildings having occupancies with high value non-combustible contents highly susceptible to water damage and when, in the opinion of the Fire Chief, contents or processes are of a particular nature that the installation of a standard automatic sprinkler would cause damage to those contents or processes as long as another approved fire extinguishing system is installed. struction, 6) in opening parking garages that meet all of the following: a) constructed of Type I or Type II Fire Resistive Con- b) the lowest level of the building is at surrounding grade; c) only one level above grade; d) all sides more than 50% open; e) the least dimension shall be no greater than 200 feet; ORDINANCE NO. 1414 f) 40 feet paved access roadway on all sides. Section 11.101 of Article 11 is hereby amended by adding thereto subparagraph (e) which shall read as follows: Section 11.101(e). All burning within the City limits of the City of San Rafael shall be in accordance with the regulations of the Bay Area Air Quality Control District. Section 11.105(d) of Article 11 is hereby amended and shall read as follows: Section 11.105(d). Every incinerator shall be provided with an approved spark arrestor. Section 11.111 of Article 11 is hereby amended and shall read as follows: Section 11.111. Chimneys and Spark Arrestors. Each chimney used in conjunction with any fireplace or any heating appliance in which solid or liquid fuel is used shall be equipped with an approved spark arrestor. Section 25.116 of Article 25 is hereby amended by adding thereto a sentence to read as follows: Firemen shall also perform, as required, emergency medical care to the sick and injured. Section 79.601(a) of Article 79 is amended by adding thereto the following exception. Exception: The storage of flammable or combustible liquids used as motor vehicle fuels in above ground or underground storage tanks is prohibited in all residential districts. follows: Section 79.805 of Article 79 is amended and shall read as Section 79.805. Fire Protection. Fire protection shall be provided in accordance with Article 10 and the following: 1) open flames, smoking and other sources of ignition shall not be permitted inside the room; and 2) materials which will react with water or other liquids to produce a hazard shall not be stored in the room. Section 79.902 of Article 79 is hereby amended by adding thereto subparagraph (i) to read as follows: - 10 - ORDINANCE NO. Section 79.902(i). Testing of Underground Tanks and Piping. If loss of flammable liquid is evident from the records required in Section 79.902(f) or other indicators of a leak exists the Fire Chief may order testing to be conducted on suspected tanks and piping. Such testing shall be in conformance with the National Fire Protection Association Standard #329, Underground Leakage of Flammable or Com- bustible Liquids. Such tests shall be conducted at the expense of the owner, lessor or other party having control over said system. If the required testing indicates that a leak has occurred and flammable or combustible liquids are present in the soil and are deemed by the Fire Chief to constitute a fire hazard said party having control shall conduct the necessary mitigation measures as per NFPA Standard #329 at their own expense. Section 79.1206 of Article 79 is amended and shall read as follows: Section 79.1206. Parking and Garaging. A. Parking on Thoroughfare. 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, edu- cational, 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 the above, a driver shall not leave a tank vehicle unattended on any street, highway, avenue, or alley. Exceptions: 11(1) The necessary absence in connection with loading or unloading the vehicle, but during actual discharge for the vehicle, the provisions of Section 79.1204(b) shall apply; 11(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. 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; "(3) When, in case of accident or other emergency, the oper- ator must leave to obtain assistance. ORDINANCE NO. 1494 "(b) Parking off Thoroughfare. A tank vehicle shall not be parked at any one point for longer than one hour except: "(1) Off a street, highway, avenue, or alley, more than five hundred (500) feet from any residential area, apartment or hotel complex, educational, public assembly, hospital or care facility; or at any other place that would, in the opinion of the Chief, present an extreme life hazard; 11(2) Inside a bulk plant and twenty-five (25) feet from the property line or within a building approved for such use; "(3) At other approved locations not less than fifty (50) feet from any building except those approved for the storage or serving of such vehicle; "(4) When, in case of breakdown or other emergency, the operator must leave the vehicle to take necessary action to correct the emergency. "(c) Garaging. Tank vehicles shall not be parked or garaged in any buildings other than those specifically approved for such use by the Chief." Section 80.103 of Article 80 is hereby amended by adding subparagraph (f) to read as follows: Section 80.103(f). Any person as defined in Section 9.118 of this Code who fails to comply with this section and, in the opinion of the Fire Chief, such failure constitutes a fire, explosion, or health hazard, said person shall conduct the necessary mitigation measures at their own expense. Section 80.112 of Article 80 is hereby added and shall read as follows: Section 80.112. Parking and Garaging. The parking and garaging of vehicles used for the transportation of hazardous materials shall comply with Section 79.1206 of this Code. Section 4.08.100. Penalties. Any person who shall violate any of the provisions of this Code hereby adopted, or fail to comply herewith or who shall violate or fail to comply with any order made thereunder or who shall build in violation of the detailed statement of - 12 - QRDINANCE NO. specifications or plans submitted and approved thereunder or any certi- ficate or permit issued thereunder, and from which no appeal has been taken or who shall fail to comply with such an order as affirmed or modified by the City Council of the City of San Rafael or by a court of competent jurisdiction within the time provided by law, shall severally for each and every such violation and non-compliance respectively be guilty of a misdemeanor punishable by a fine of not more than $500.00 or by imprisonment for not more than six months, or by both such fine and imprisonment. 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 ten days that prohibitive conditions are maintained shall constitute a separate offense. The application of both penalties shall not be held to prevent the enforced removal of prohibitive conditions. 4.08.110 Appeals. Whenever the Chief shall disapprove an ap- plication 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 appealed. DIVISION 2. All former ordinances or parts thereof con- flicting 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 de- cision 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. - 13 - ORDINANCE NO. 149L, DIVISION 4. This ordinance shall go into effect and be in full force and effect and in operation thirty days after its final passage. L . LAWRENCE E .MULR AN, Mayor Attest: NE M. LEN I City Clerk The foregoing Ordinance No. 1494 was read and intro- duced at a regular meeting of the City Council of the City of San Rafael, held on the 6th day of August , 1984, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Russom 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 20th day of August , 1984. 27.1 B/1 JEOhm. LEONCIN ity Clerk - 14 -