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HomeMy WebLinkAboutOrdinance 1268 (Fire Code)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, City 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. 1268 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, prescribing Regulations governing Conditions hazardous to Life and Property from Fire, Explosion and other Dangers, and establishing a Bureau of Fire Prevention 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 1st day of August, 19 77 Published as re- quired by City Charter in the Independent Journal , a newspaper printed and 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 15th day of Au4ust. 1977 by the following vote, to -wit: Ayes: Councilmen: Jensen, Miskimen and Mayor Bettini Noes: Councilmen: None Absent: Councilmen: Mulryan, Nixon WITNESS my hand and the official seal of the Cit of San Rafael this / day of 19 77 NC �SNNE-M. LEOIPJI, Ct y C erk I ORDINANCE NO. 1268 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, PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE, EX- PLOSION AND OTHER DANGERS, AND ESTABLISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR, AND DE- FINING THEIR DUTIES AND POWERS. THE COUNCIL OF THE CITY OF SAN RAFAEL DO 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 Sections: 4.08.010 4.08.020 4.08.030 4.08.040 4.08.050 4.08.060 4.08.070 4.08.080 4.08.090 4.08.100 4.08.110 4.08.010 PURPOSE. UNIFORM FIRE CODE. PURPOSE. DEFINITIONS. ADOPTION OF UNIFORM FIRE CODE. BUREAU OF FIRE PREVENTION. STORAGE OF FLAMMABLE AND COMBUSTIBLE LIQUIDS. BULK STORAGE OF LIQUEFIED PETROLEUM GASES. STORAGE OF EXPLOSIVES AND BLASTING AGENTS. PERMITS. AMENDMENTS TO UNIFORM FIRE CODE. PENALTIES. APPEALS. The adoption of a Uniform Fire Code is for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, explosion, the storage of flammable liquids, bulk petroleum products, explosives and blasting agents, providing for certain permits and the pen- alties for violation of this ordinance and to provide a Bureau of Fire Prevention. 4.08.020 DEFINITIONS. A. Whenever the word "jurisdiction" is used in the Uniform Fire Code, it should be held to mean the City of San Rafael. B. Whenever the term "corporate counsel" is used in the Uniform Fire Code, it should be held to mean the City Attorney for the City of San Rafael. 1. 4.08.030 ADOPTION OF UNIFORM FIRE CODE. City of San Rafael hereby adopts that certain code known as the Uniform Fire Code, recommended by the Western Fire Chiefs' Association and the International Conference of Building Officials being particularly the 1976 Edition thereof, and the whole thereof save and except such portions as are hereby deleted, modified or amended by Section 4.08.090 of this Ordinance, of which Code not less than three copies have been and are now filed in the office of the Clerk of the City of San Rafael and the same are hereby adopted and incorporated as fully as if 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 Preven- tion 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 or combustible liquids in outside above ground tanks is hereby prohibited in all areas of the City; except those portions under Title 14 zoned P -C -M, P -C, C-2, C-3, M or U. In these zones the storage of flam- mable or combustible liquids in outside above ground tanks issubject to the limits referred to in Section 15.20 of the Uniform Fire Code. B. Bulk plants for flammable or combustible liquids are hereby prohibited within the City. 2. 4.08.060 ESTABLISHMENT OF LIMITS IN WHICH BULK STORAGE OF LIQUEFIED PETROLEUM GASES IS TO BE PROHIBITED. The bulk storage of liquefied petroleum gases is hereby prohibited in all areas of the City; except those portions under Title 14 zoned C-2, C-3 or M, and are subject to the limits referred to in Section 20.105(a) of the Uniform Fire Code. 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 11.106(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 1.205 of Article 1, is hereby amended and shall read as follows: Section 1.205 Authority "The Chief, members of the Fire Prevention Bureau and all members of the Department charged with en- forcement of this code shall have the powers of a police officer while performing their duties under this code." Section 1.215 of Article 1, is hereby amended and shall read as follows: 3. Section 1.215 Appeals "Whenever the Chief of the Fire Department shall dis- approve an applicant or refuse to grant a license or permit applied for, or when it is claimed that the pro- visions of the code do not apply, or that the true intent and meaning of the code have been misconstrued or wrongfully interpreted, the applicant may appeal from the decision of the Chief of the Fire Department to the City Council within 10 days from the date of the decision." Section 3.104 of Article 3 is hereby deleted and repealed. Section 13.205(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 traveled way of such road or trail. Any vehicle causing such obstruction will be towed away at the owner's expense. Section 13.307 is amended by adding thereto subparagraphs (e), (f), (g) (h) and (i) which shall read as follows: "(e) Every new building constructed for non-residential occupancies over five thousand square feet in area but less than fifteen thousand square feet, as based on ground floor area, shall have installed therein an approved fire detection (products of combustion) system in accordance with standards for said system as established by the National Fire Protection Association. Said system must be connected to the fire alarm Headquarters of the City of San Rafael, as outlined in 'Rules & Regulations - Private Fire Alarm Connections', and the installation of said system must have prior approval of the Chief of the Fire Department of the City of San Rafael. "(f) No signal system or intercommunicating system used for any purpose other than fire warning meets the requirements of this article. "(g) The use of any existing building over ten thousand square feet in area without an automatic sprinkler system shall have installed therein an automatic smoke detection (products of combustion) system, in accordance with standards for said system as established by the National Fire Protection Association, connected to the fire alarm Headquarters of the City of San Rafael as outlined in "Rules & Regulations - 4. Private Fire Alarm Connections', and the installation of said system must have prior approval of the Chief of the Fire Department of the City of San Rafael, on or before December 31, 1979." "(h) Those existing buildings or parts of existing buildings in which automatic sprinkler systems are installed shall have installed therein an alarm connected to fire alarm Headquarters at the City of San Rafael, as outlined in 'Rules & Regulations - Private Fire Alarm Connections', and the installation of said system must have prior approval of the Chief of the Fire Department of the City of San Rafael, on or before December 31, 1979." "(i) No single family dwelling or multiple family occupancy shall be sold and no structural change or repair of a value in excess of One Thousand Dollars ($1,000.00) shall be made thereto unless and until the structure has installed therein an approved fire detection product of com- bustion*system, which has been approved by the Fire Marshal of the State of California. The detectors shall be sensitive to any of the products of combustion except that detectors sensitive only to heat are not acceptable. Alarm signaling devices shall be clearly audible in all bedrooms when all intervening doors are closed. For the purpose of installa- tion and maintenance, only the applicable sections of National Fire Protection Association No. 74, 'Standard for the Installation, Maintenance, and Use of a Household Fire warning System' shall be considered accepted engineering practices. Section 13.315 is hereby added to Article 13. Section 13.315. Municipal Fire Alarm "When deemed necessary by the Chief of the Fire Department, extension of the Municipal Fire Alarm System may be required on all future subdivisions containing high density residential or commercial development." Section 13.316 is hereby added to Article 13. Section 13.316 Automatic Sprinkler Systems. "A. Standard automatic sprinkler systems shall be installed throughout all buildings five or more stories in height, or 70 feet in height." 5. "B. Installation, inspection and maintenance of automatic sprinkler systems shall meet the standards of N.F.P.A. Pamphlet No. 13, Uniform Building Code Standards No. 38-1 and 38-2." Section 13.316 is amended by deleting therefrom sub- paragraph (b), and adding a new subparagraph (b), together with a new paragraph (c), (d), and (e), which shall read as follows: "(b) A standard automatic sprinkler system shall be installed throughout all new non-residential buildings, fifteen thousand or more square feet, as based on ground floor areas, provided that, buildings of less than fifteen thousand square feet falling under the provisions of Chapter 38 of the Uniform Building Code may also be required to install such a system. "Area separation walls may be allowed as per section 505(d) of the Uniform Building Code for four (4) hour walls to separate buildings in excess of fifteen thousand square feet or more. Standard automatic sprinkler systems may be omitted, with the approval of the Chief of the Fire Department of the City of San Rafael. "(1) In buildings or areas of buildings having occu- pancies with high value, noncombustible, contents, highly susceptible to water damage. "(2) When, in the opinion of the Fire Chief, contents or processes are of such a particular nature, that the installation of a standard automatic sprinkler would cause damage to those contents or processes the sprinkler system may be omitted. "Provided, however, that those buildings or parts of buildings for which the standards automatic sprinkler system requirements is excepted pursuant to this subsection shall be equipped with a fire detection (products of combus- tion) or extinguishing system of a tested and approved design. Installation of these systems shall be in confor- mance with the standards of the National Fire Protection Association Pamphlets #11 and 11A Foam. Extinguishing J systems #12 and 12A Carbon Dioxide and Hallogenated Extin- guishing Systems, #17 - Dry Chemical Extinguishing Systems, and #71, 72A, 72B, 72C, 72D - For Signaling Systems. "(c) Installation, inspection, and maintenance of automatic sprinkler systems shall meet the standards of the National Fire Protection Association Pamphlet #13, and Uniform Building Code Standards 38-1 and 38-2. M "(d) Alarms from required automatic sprinkler systems shall be transmitted to Fire Alarm Headquarters of the City of San Rafael in conformance with 'Rules & Regulations - Private Fire Alarm Systems Ordinance #1088.' "(e) No automatic sprinkler systems shall be installed without a permit issued by the Chief of the Fire Department. No occupancy of any building shall be approved until said system has been inspected and accepted as being in compliance with Paragraphs (b) and (c) above." Section 27.101 of Article 27 is hereby amended and shall read as follows: Section 27.10. Burning of Waste Material "All burning within the city limits of the City of San Rafael shall be in accordance with the regulations of'the Bay Area Air Pollution Control District." 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 there- under or who shall build in violation of any detailed state- ment of specifications or plans submitted and approved there- under or any certificate 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 juris- diction 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 less than $500.00 or by imprisonment for not less 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 con- stitute a separate offense. The application of both penalties shall not be held to prevent the enforced removal of prohibitive conditions. 7. 4.08.110 APPEALS 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 appealed. 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. This ordinance shall go into effect and be in full force and effect and in operation thirty days after its final passage. C. PAUL BETTINI, Mayor ATTEST: NNE M. LEO CINI, City Clerk 52 A/20-27 8. The above and foregoing Charter Ordinance No. 1268 was read and introduced at a regular meeting of the City Council of the City of San Rafael held on the first day of August 1977, and ordered passed to print by the following vote, to -wit: AYES: COUNCILMEN: Jensen, Miskimen and Mayor Bettini NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Mulryan, Nixon 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 fifteenth day of August , 1977. 04NNE M. LEONCINI, City Clerk 52 A/28 9.