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HomeMy WebLinkAboutFD Fire Code Amendment 2013 First ReadingDepartment: Fire
Prepared by: Christopher Gra
Agenda Item No: 3 * f
Meeting Date: November 18, 2013
US1 0 1 0411''1111 a
City Manager Approva
SUBJECT: Proposed Ordinance of the City of San Rafael amending Title 4 of the Municipal Code of
City of San Rafael, by adopting the 2013 California Fire Code and the 2012 International Fire Code, with
amendments. Introduction of the proposed Ordinance and setting a public hearing date for adoption.
RECOMMENDATION: Staff recommends that the City Council introduce the Ordinance and set the
public hearing for adoption of the 2013 California Fire Code and the 2012 International Fire Code, with
local amendments, for December 2, 2013.
BACKGROUND: The proposed Ordinance adopts the latest version of the California Code of
Regulations Title 24 fire code; specifically, the 2013 California Fire Code and the 2012 International Fire
Code, with local amendments. State law mandates that the fire code become effective statewide on
January 1, 2014, with or without local amendments. The public hearing is scheduled for the second
reading of the Ordinance at the next regularly scheduled meeting of the City Council, since the Ordinance
is adopting the 2013 California Fire Code and the 2012 International Fire Code by reference, per
Government Code Sections 50022.1 through 50022.11.
ANALYSIS: Title 24 the California Fire Code is typically published on a three-year cycle. The California
Building Standards Commission publishes the tri -annual code and State law mandates that this code
become effective throughout California 180 days after the publication date. This is done in order to fostei
uniformity in fire prevention and construction standards statewide. Local jurisdictions are permitted to
amend the published codes based on local climatic, geological, or topographical conditions. Most
proposed local amendments were carried over from previous years. New amendments were added to
recognize the California Residential Code; to further clarify the authority and responsibilities of the Fire
Chief related to the administration and enforcement of the Fire Code; to clarify that fires are prohibited in
City Parks and Opens space areas, except where a Fire Permit -is issued; to prohibit smoking in the Park,
and Open space areas; to provide for reimbursement for City expenses in the event that the Fire Chief
must ate corrective action in order to abate a hazardous condition and to provide authority for shared
resources with neighboring jurisdictions; and, to more closely align the San Rafael Fire Code with the
codes of the other jurisdictions within Marin County. Specific findings are listed for these local
amendments in Division 2 of the Ordinance.
ENVIRONMENTAL REVIEW: It has been determined that the ordinance amendments are covered by
the 'general rule' that the California Environmental Quality Act (CEQA) applies only to projects which
have the potential to cause a significant physical environmental impact. Pursuant to CEQA Section
15061 (b)(3), the Ordinance amendments are not subject to environmental review.
Ffle No.: &e
CouncH Meefing:
'14sposition:
FISCAL IMPACT: No fiscal impact to the City is anticipated since this only involves an update to the Fire
Code with local amendments. However, the intent of prohibiting fires and smoking in the Parks and Open
space areas is for the purpose of fire prevention. An uncontrolled fire in a Park or Open space area has
'the potential for a catastrophic loss resulting in an unknown fiscal impact for the community.
OPTIONS: The City Council can introduce the Ordinance and set the public hearing for adoption of the
2013 California Fire Code and the 2012 International Fire Code, with local amendments, for December 2,
2013. Should the City Council decide not to adopt the Ordinance the 2013 California Fire Code will
become effective on January 1, 2014, without the recommended local amendments.
ACTION REQUIRED: Introduce the Ordinance and set the public hearing on adoption of the 2013
California Fire Code and the 2012 International Fire Code, with local amendments, for December 2, 2013.
Ends.
*RDINANCE NO.
ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 4 OF THE MUNICIPAL
CODE OF THE CITY OF SAN RAFAEL, BY AMENDING CHAPTER 4.08 THERETO,
ADOPTING THE CALIFORNIA FIRE CODE, 2013 EDITION, AND THE INTERNATIONAL FIRE
CODE, 2012 EDITION, WITH AMENDMENTS; ADOPTING ENFORCEMENT, PENALTY AND
APPEALS PROVISIONS FOR SUCH CODES; AND ADOPTING FINDINGS OF FACT
SUPPORTING THE AMENDMENTS TO SUCH CODES
I H M AM
N Ilk efflillii��-ii
DIVISION 1. Title 4, Chapter 4.08 of the Municipal Code of the City of Sar.
Rafael is hereby amended to read as follows:
CHAPTER 4.08. FIRE CODE
Sections: 4.08.010
Purpose.
4.08.020
Adoption of the California Fire Code, 2013
Edition and the International Fire Code, 2012
Edition, with Amendments.
4.08.030
Definitions.
4.08.040
Administer and Enforcement of the Fire Code.
4.08.050
The Fire Chief has Powers of Police and
authority to arrest and issue citations.
4.08.060
Restrictions on the storage of flammable and
combustible liquids in aboveground tanks
outside of buildings.
4.08.070
Restrictions on the storage and dispensing of
liquefied petroleum gases (I -P -gas).
4.08.080
Explosives and blasting agents prohibited.
4.08.090
Restrictions on storage of compressed natural
gas.
4.08.100
Restrictions on storage of stationary tanks of
flammable cryogenic fluids.
4.08.110
New materials, processes or occupancies
which may require permits.
4.08.120
Amendments to the Fire Code.
4.08.130
Enforcement and Penalties.
4.08.140
Appeals.
W
4.08.010 Purpose.
The 2013 California Fire Code and the 2012 International Fire Code as'described
in Section 4.08.020 are adopted for the following purposes:
1. To prescribe regulations and building standards in order to protect, life and
property from fire, explosion, earthquake and other disasters;
2. To provide for permits as prescribed herein;
establish and maintain a Fire Prevention Bureau;
4. To provide penalties for violations of this code.
4.08.020 Adoption of the California Fire * Code, 2013 Edition and the
International Fire Code, 2012 Edition, with Amendments.
The City Council hereby adopts for the purpose of prescribing regulations
governing conditions hazardous to life and property from fire or explosion, those
certain codes which contain building standards and fire safety standards known
as the 2013 California Fire Code (International Fire Code, 2012 Edition as
amended by the State of California) as published by the California Building
Standards Commission, together with appendices B, C, D, F, I and K thereto;
and the 2012 International Fire Code; save and except such portions a's are
herein added, deleted, modified or amended. Where conflicts occur between
provisions, of the 2013 California Fire Code and the 2012 International Fire Code,
the provisions of the 2013 California Fire Code as amended shall apply.
Except as words are defined in section 4.08.120, the words used in this chapter
and in the adopted codes listed in 4.08.020 shall have the meaning as defined
below.
The following words are defined:
1. Whenever the words "Building Code" are used, they shall mean the
California Building Code, as adopted by the City of San Rafael, with
amendments.
2. Whenever the words "Residential Code" are used, they shall mean the
California Residential Code, as adopted by the City of San Rafael, with
amendments.
3. Whenever the words "Fire Code" are used, they shall mean this chapter
and the codes and standards adopted in section 4.08.020, with
amendments.
4. Whenever the. word "Jurisdiction' is used, it shall mean the City of San
Rafael.
4.08.040 Administration and Enforcement of the Fire Code.
M
A. The Fire Chief has the authority to interpret, administer and enforce this
code. The Fire Chief may delegate any o*r all of his authority under this code to
such duly authorized subordinates in the Fire Department as he may designate
and the actions of such duly authorized subordinates shall be construed as valid
actions of the Fire Chief.
B. The Fire Chief shall have the authority and powers of a Code Enforcement
Official, as specified in San Rafael Municipal Code Chapters 1.08 and 1.40, in
performing the duties under this code.
C. The Fire Chief shall have the authority to,order the immediate abatement
of any hazard, located within or on public or private property and any public
thoroughfare or railroad, when deemed by the Fire Chief to be an imminent
hazard to the life, health, safety and the well being of the public, firefighters and
other City employees.
D. Whenever the Fire Chief finds an activity or use regulated by this code
being performed or used in a manner contrary to the provisions of this code or in
a dangerous or unsafe manner, the Fire Chief is authorized to. issue an order to
cause the activity or use to cease or desist immediately.
4.08.050 The Fire Chief has Powers of Police and authority to arrest and issue
citations.
A. The Fire Chief and his duly authorized subordinates shall have the powers
of a police officer in performing their duties under this code. When requested to
do so by the Fire Chief, the Chief of Police is authorized to assign such available
police officers as necessary to assist them in enforcing the provisions of this
code.
B. The Fire Chief and his duly authorized subordinates shall have authority to
a rrest or to cite any person who violates any provision of the Fire Code, in the
manner provided for the arrest or release on citation and notice to appear with
respect to misdemeanors or infractions, as prescribed by Chapters 5, 5c and 5d
of Title 3, Part 2 of the California Penal Code, including Section 853.6, or as the
same hereafter may be amended.
C. It is the intent of the City Council that the immunities provided in Penal
Code Section 836.5 be applicable to the aforementioned Fire Chief and his duly
authorized subordinates exercising their arrest or citation authority within the
course and scope of their employment pursuant to this code.
4.08.060 Restrictions on the storage of flammable and combustible liquids I"
aboveground tanks outside of buildings. I
A. Pursuant to Sections 5704.2.9.6.1 and 5706.2.4.4 of the Fire Code, except
as provided in Subsection B of this Section, the storage of flammable and
combustible liquids outside buildings in aboveground tanks is prohibited in all
N
areas of the City.
B. Providing storage of flammable and combustible liquids is within ar.
approved aboveground fuel storage tank as required by the Fire Code, such
storage and quantities are permitted in the following districts as defined in Tift
14 of the Municipal Code:
1. Districts designated as 1, U/01 M, MC, or CCl/O shall be permitted to have
a maximum of ten thousand (10,000) gallons at any one (1) site.
2. Districts designated as PD, providing that they are industrial use in nature,
shall be permitted to have a maximum of ten thousand (10,000) gallons al
any one (1) site.
3. Districts designated as GC, C/O, FBWC, or PD (providing that they are
commercial use) shall be permitted to store a maximum of five thousand
(5,000) gallons at any one (1) site.
4. Discretion may be exercised by the Fire Chief to modify the maximum
capacities allowed by this section, in accordance with regulations and
standards adopted by the Fire Chief to protect against any increased
hazards to life or property.
C. Bulk 'plants for the storage of flammable or combustible liquids are
prohibited within the jurisdiction.
D. Prior to the Fire Department authorizing installation of a tank system, the
applicant shall apply for and obtain Environmental and Design Review Permit
approval from the Community Development Department as provided in Chapter
14.25.
4.08.070 Restricti"ons on the storage and dispensing of liquefied petroleum
gas (LP -gas).
A. Pursuant to Section 6104.2 of the Fire Code, except as provided ir
Subsection B of this Section, the storage of LP -gas is prohibited in allareas o
the City.
B. Storage, limited to one thousand (1 000) gallons of LP -gas at any one (1
site, is permitted in the following districts as defined in Title 14 of the Municipa
Code, except that up to one thousand five hundred (1 500) gallons of LP-gac
may be permitted at any one (1) site, provided that the LP -gas storage tanl,
system is protected in a manner approved by the Fire Chief:
1. Districts designated as 1, LI/O or CC]/0;
2. Districts designated as PD, providing that they a ' re industrial use in nature,
3. Districts designated, as GC, C/O, FBWC, HO, 2/3 MUEY 2/3 MUWY M7 MC
or PD (providing that they are commercial use) only if the- tank system iC
wholly protected in a manner approved by the Fire Chief.
C. The storage of any LP -gas tank system in any residential district 1
prohibited unless there are no natural gas lines available to be connected to th
residence.
D. The dispensing of LP -gas is prohibited in all districts except suc,
dispensing is permitted in those districts outlined in Subsection B of this Section.
E. Exceptions to the Restrictions.
1 . Limited quantities only when used in conjunction with home LP -gas
barbecues, recreational vehicles or similar uses;
2. Limited quantities only when used in conjunction with LP -gas driven
vehicles;
3. Limited quantities only when used in conjunction with construction projects
for which a Building Permit has been issued;
4. Existing bulk LP -gas facilities shall be able to continue their use and shall
be able to- relocate their facilities with the express permission of the Fire
Chief and the City Council.
F. Prior to the Fire Department authorizing installation of a tank system, the
applicant shall apply for and obtain Environmental and Design Review Permit
approval from the Community Development Department as provided in Chapter
14.25.
Except where a Fire Permit is issued in accordance with Section 105.6.14,
Section 105.6.36, or Section 105.6.47 of the Fire Code, the manufacture,
storage, handling, sale, or use of any explosives, explosive materials, blasting
agents, fireworks or pyrotechnic special effects is prohibited within the
jurisdiction.
4.08.090 Restrictions on storage of compressed natural gas.
Compressed natural gas facilities are prohibited in all areas of the City except the
following districts as defined in Title 14 of the Municipal Code:
1. Districts designated as 1, LI/O or CCl/O;
2. Districts designated as PD providing that they are industrial use in nature.
�_1.08.11 00 Restrictions on storage of stationary tanks of flammable cryogenic
fluids.
Pursuant to Section 5504.3 of the Fire Code, the storage of flammable cryogenic
fluids in stationary containers is prohibited in all areas of the City except the
following districts as defined in Title 14 of the Municipal Code. -
1. Districts designated as 1, LI/O or CC[/0;
2. Districts designated as PD providing that they are industrial use in nature.
it IK # 0
4.08.110 New materials, processes or occupancies wnicn may require
permits.
M
The Fire Chief shall determine and specify, after giving affected persons an
opportunity to be heard, any new materials, process or occupancies which shall
require permits in addition to those now enumerated in the Fire Code. The Fire
Chief shall post such list in a conspicuous place in his office and distribute copies
thereof to interested persons.
A
EJUINK"'I Ell , l l
The 2013 California Fire Code and the 2012 International Fire Code are
amended or modified, as -follows:
Section 1.11.2.1 is hereby amended to read as follow,!
1.11.2.1.1 Enforcement. Pursuant to Health & Safety Code Section,
13146, the Fire,Chief shall have the responsibility for enforcement of building
standards adopted by the State Fire Marshal and published in the California
Building Standards Code relating to fire and panic safety and other regulations of
the State Fire Marshal, for Group R-3 occupancies and all buildings and property
subject to regulation by the City.
Section 102.5 is hereby amended to read as follows:
102.5 Application of California Residential Code. Where structures are
designed and constructed in accordance with the Califomia Residential Code,
the provisions of this code shall apply as follows:
1. Design and construction provisions: Provisions of this code pertaining to
the exterior of the structure shall apply including, but not limited to,
premises identification, fire apparatus access and water supplies.
Provisions of this code pertaining to the interior of the structure shall
apply when specifically required by this code, including but not limited to
Section 903.2. Where interior or exterior systems or devices are
installed, construction permits required by Section 105.7 of this code
also shall apply.
2. Administrative, operational and maintenance provisions.- All such
applicable provisions of this code shall apply.
Section 103.1 is hereby amended to read as follows. -
103.1 Fire Prevention Bureau. The Fire Prevention Bureau is
established within the Fire Department under the direction of the Fire Chief. The
function of the Fire Prevention Bureau shall include the interpretation,
K19
implementation, administration and enforcement of the Fire Code and adopted
standards. The Fire Prevention Bureau is authorized to enforce the provisions of
other codes and ordinances of the City pertaining to the storage, handling and
use of hazardous materials, fire and life safety, and the fire protection system
requirements of the Building Code and the Residential Code.
Section 104.12 is hereby added to read as follow,4
104.12 Liabillifty of persons causing a Fire Department response. Th(
Fire Department may recover the costs and. expenses of a Fire Departmen
response (incident) within the responsibility for enforcement of the Fire Chief
including all costs and -expenses of the Fire Department and other mutual ai(
Fire Departments responding to the incident, where the incident has beer
caused by the willful misconduct or negligence of the party that caused thE
incident. These response costs shall be a debt of the business, corporation
individual or other responsible party owed to the Fire Department and to thE
other responding mutual aid Fire Departments. The City may collect responsE
costs on behalf of itself, and also may collect response costs on behalf of thE
other mutual aid Fire Departments with their consent. The mutual aid FirE
Departments also may collect their response costs directly from the responsiblE
party. The City shall compute and bill the responsible party for such responsE
costs and expenses, with payment due within thirty (30) days following th
mailing of the bill, unless an appeal is filed as. provided in Section 4.08.140 A
Upon failure to pay the response costs and expenses when due, the responsibl
person shall be liable, in a civil action brought by the City, for such respons
costs and expenses, and costs of the litigation, including reasonable attorneys'
fees.
104.12.1 Liabi'lity for correction and abatement. Where the Fire Chie
determines that that a violation of any provision of this Chapter constitutes a
immediate threat to public health or safety, the Fire Chief is authorized to tak
such corrective action as may be necessary to cause the summary abatement o
the violation. The City may recover the costs and expenses associated with th
correction and abatement of a violation or hazardous condition, including al
costs and expenses incurred by the City and contractors hired by the City t
cause the correction and abatement. These correction and abatement cost
shall be a debt of the owner, business, corporation, individual or othe
responsible party owed to the City. The City shall compute and bill th
responsible party for such correction and abatement costs and expenses, wit
payment due within thirty (30) days following the mailing of the bill, unless a
appeal i's filed as provided in Section 4.08.140 A. Upon failure to pay th
correction and abatement costs and expenses when due, the responsible perso
shall be liable, in a civil action brought by the City, for such correction an
abatement costs and expenses, and costs of the litigation I including reasonaDi
attorneys' fees.
M
Section 104.13 is hereby added to read as followJ
Section 104.13. Fire prevention resource sharing. Other enforcement
agencies shall have authority to render necessary assistance to City in plan
review, inspection, code interpretation, enforcement and other fire prevention
services when authorized and as delegated by the Fire Chief, by written
,,?.greement.
Section 105.6.30 is hereby modified by deleting the exception.
Section 105.7 is hereby amended to read as follows:
105.7 Required construction permits. The fire code official is authorized tit,
issue construction permits for work as set forth in Sections 105.7.1 to 105.7.17.
Section 105.7.17 is hereby added to read as follows. -
105.7.17 Vegetation Management Fire Protection Plan. A construction permi
is required to implement a vegetation management fire protection plan for a ne
structure located in the Wildland-Urban Interface as designated in San Rafael Municipal
Code Section 4.12.010. The vegetation management fire protection plan shall comply
with Chapter 49 of this code and the Vegetation Management Standards in San Rafael
Municipal Code Section 4.12.030.
Section 109.4 is hereby amended to read as follows:
109.4 Violation penalties. Persons who shall violate a provision of this
Chapter and the Fire Code or shall fail to comply with any of the requirements
thereof or who shall erect, install, alter, repair or do work in violation of the
approved construction documents or direction of the Fire Chief, or of a permit or
certificate used under provisions of this code, shall be guilty of
misdemeanors/infractions and are subject to the penalties set forth in Section
4.08.130. Each day that a violation continues after due notice has been served
shall be deemed a separate offense.
Section 111.4 is hereby amended to read as follows:
111.4 Failure to comply. Any person who shall continue to work after
having been served with a stop work order, or any person who shall continue an
activity or a use after having been served with a cease and"desist order, shall be
so
*luilty of misdemeanors/infractions and are subject to the penalties set forth in
Section 4.08.130.
Section 113.2 is hereby amended to read as follows:
113.2 Master fee schedule. The fees for permits and other services
shall be as established in the Master Fee Schedule Resolution of the City
Council as adopted from time to time. The fee shall be set to cover the cost to
review the application, issue a permit, and inspect the intended construction,
activities, operations, use, or functions. The fees must be paid to the City prJor to
engaging in the construction, activities, operations, use or functions.
Exception: The applicant for a given permit shall be exempt fro
payment when the event is sponsored by the City, or work to blizz
conducted is located on properties owned by the City, or as otherwis
determined by the Fire Chief.
Where it is determined during inspections that the construction, activity, or use
repeatedly fails to comply with the requirements of the Fire Code, and additional
inspections or re-inspectio'ns are required to verify compliance, the Fire Chief
-may require those additional inspections be billed, at the fully burdened hourly
rate as published by the City's Finance Director.
Section 113.3 is hereby amended as follows:
113.3 Work commencing before permit issuance. Any person who
commences any work, activity, operation or use regulated by this code before
obtaining the necessary permits may be subject to an additional investigation fee
tg-.s determined by the Fire Chief; the investigation fee shall be two (2) times the
normal permit fee, and shall be in addition to the normal permit fee as specified
in the Master Fee Schedule Resolution.
Section 113.6 is hereby added to read as follows
113.6 After hours "inspection fees. An after hours inspection is an
inspection conducted outside of normal work hours; 8.-30 AM — 5.-00 PM, Monday
— Friday. Where an after hours inspection is performed before or following
normal work hours that inspection may be charged by the hour. Where an
inspector is called back to duty to perform an after hours inspection, that
inspection may be charged at four (4) hours minimum, then by the hour for any
additional hours required over four (4). The after hours inspection fee shall be
charged at a rate of one and one-half (1 Y2) times the fully burdened hourly rate
as published by the City's Finance director.
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Section 113.7 is hereby added to read as follows
113.7 Operational permit applications. Application for Operational
Permits (Le: Assembly, Pyrotechnic, Tents, etc.) shall be submitted at least ten
(10) business days prior to the scheduled event date. Applications submitted
less than ten (10) business days prior to the event date may be charged one and
one-half (1 Y2) times the regular -permit rate.
Section 202 is hereby amended by adding the definition of "Coverings" as follows. -
COVERINGS. As applied to the definition of Substantial Remodel only,
coverings shall mean materials including, but not limited', to gypsum board, lath
and plaster, paneling (including wood paneling), floor boards, brick and mortar, or
other materials attached to rough framing of the building elements. Coverings do
not include finishes, such as carpet, tile, paint or wall paper.
Section 202 is hereby amended to read as follows:
FALSE ALARM. False alarm shall mean an alarm signal, willful, knowing or
otherwise, initiating a response by the Fire Department where an emergency
situation did not or does not exist.
Section 202 is hereby amended by adding the definition of "Fire Prevention Standards
as follows:
FIRE PREVENTION STANDARDS. Fire prevention standards shall • those
supplemental rules and regulations that have been approved by the Fire chief to
provide additional guidance and interpretation of this code.
Section 202 is hereby • by adding the definition of "Fire Road" as follows:
FIRE ROAD. Fire road shall mean any improved or unimproved road, public or
private, that provides access for firefighting equipment and personnel to
undeveloped areas.
'Section 202 is hereby amended by changing the first sentence of the definition of
"Fireworks" to read as follows:
sm
FIREWORKS. Fireworks shall mean any composition or device for the purpose
of producing a visible or audible effect for entertainment purposes by
combustion, deflagration, or detonation, and any "safe and sane" fireworks as
defined by section 12529 of the State of California Health and Safety Code, and
including 1.4G fireworks and 1.3G fireworks as set forth hereafter.
[Remainder is unchanged]
6#')ection 202 is hereby amended by adding the definition of "Pre -plans" as follows -i
PRE -PLANS. Pre -plans shall mean detailed plans of buildings and premises
where there may be special challengesfor emergency operations. These pre -
plans include information on the building's location, occupancy, hazards, fire
department connections and hydrants, access, building layout, and other
pertinent'data that would assist the fire department in case of an emergency.
Section 202 is hereby amended by adding the definition of "Public Storage Facility" as
lollows:
PUBLIC STORAGE FACILITY. A public storage facility shall mean any
business that sells, leases or rents space to the public, whether it is a building,
storage container or similar configuration.
Section 202 is hereby amended by adding the definition of "Substantial Remodel" as
follows:
SUBSTANTIAL REMODEL. Substantial remodel shall mean the alteration of
any structure which combined with any additions to the structure, performed
within any three (3) year period, affects a floor area which exceeds fifty percent
(50%) of the existing floor area of the structure. When any changes are made in
the building, such as wal ' Is, columns, beams or girders, floor or ceiling joists and
coverings, roof rafters, roof diaphragms, foundations, piles or retaining walls or
similar components, the floor area of all rooms affected by such changes shall be
included in computing floor areas for purposes of applying this definition. This
definition does not apply to the replacement and upgrading of residential roof
coverings or exterior wall finishes.
Section 202 is hereby amended by adding the definition of "Temporary" as follows:
TEMPORARY. Temporary shall mean any occupancy, activity, or use for a
period of less than one hundred eighty (180) days.
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Section 304.1.2 is hereby amended to read as follows:
304.1.2 Vegetation. At the direction of the Fire Chief to reduce the fire
hazard, weeds, grass, vines, brush, trees, or other growth that is capable of
being ignited and endangering public or private property, a fire apparatus access
road, a public thoroughfare, or a railroad, shall be cut and mulched or removed
by the owner or occupant of the premises or by the responsible public agency in
accordance with 304.1.2.1 and 304.1.2.2.
304.1.2.1 Vegetation clearance. Vegetation located within ten (10) feet
of the outlet of a chimney or stove pipe shall be cut and mulched or removed.
Vegetation located within one hundred (100) feet of a building shall be cut and
mulched or removed. Vegetation located within ten (10) feet of a fire apparatus
access road, a public thoroughfare, or a railroad shall be cut and mulched or
removed. The minimum clearances speed above may be increased by the
Fire Chief where there may be special challenges for emergency operations.
304.1.2.2 Wildland-Urban Interface areas. Vegetation clearance
requirements in Wildland-Urban Interface areas shall be in accordance with
Chapter 49 of this code and San Rafael Municipal Code Chapter
Section 307.4.2 is hereby amended to read as follows:
307.4.2 Recreational Fires. Recreational fires within the jurisdiction
limits of the City are subject to Sections 307.4.2.1 through 307.4.2.4.
307.4.2.1 City property. Recreational fires are prohibited on City
owned property.
Exception: Where a Fire Permit is issued in accordance with
Section 105.6.30.
307.4.2.2 Wildiand-Urban interface properties. Recreational fires are
prohibited in Wildland-Urban Interface areas as designated in San Rafael
Municipal Code Section 4.12.010.
Exception: Where a Fire Permit is issued in accordance with
Section 105.6.30.
307.4.23 Other properties. For all properties other than those
identified in Section 307.4.2.1 and 307.4.2.2 above, recreational fires shall
be conducted in compliance with all of the following:
307.4.2.3.1. Recreational fires shall be conducted in accordance
with applicable Fire Prevention Standards;
307.4.2.3.2. Recreational fires shall not be conducted within 25
as of a structure or combustible materials;
307.4.2.3.3. Conditions which could cause a fire to be spread
within 25
as of a structure shall be eliminated prior to ignition;
307.4.2.3.4. Recreational fires shall be conducted is the
constant supervision and control of the Owner or tenant of the
property;
307.4.2.3.5. A charged portable fire extinguisher with a minimum
capacity of 4-A, or a charged garden hose, shall be available for
use at the location of the recreational fire.
307.4.2.3.6. Upon completion of use, the Owner or tenant of the
property shall. ensure the recreational fire is completely
extinguished prior to leaving the recreational fire unattended.
307.4.2.4 Fire Department Response. Where the Fire Department
responds to the location of a recreational fire, the Fire Department Officer
in charge of the response is authorized to extinguish the fire for non-
compliance with Section 307.4.2, any Fire Permit that has been issued, or
the applicable Fire Prevention Standards, or where the recreational fire is
a fire hazard.
Section 307.4.3 is hereby modified by deleting the exception.
Section 3.10.8 is hereby amended to add the following concluding sentence:
Smoking is prohibited within all Parks as defined in San Rafael Municipaj
Code Section 8.10.015 and Open Space areas as defined in San Rafael'
Municipal Code Section 19.10.020, located within jurisdiction limits.
Section 319 is hereby added as follows:
319.1 Fireworks prohibited. Except where a Fire Permit is issued in
accordance with Section 105.6.14, Section 105.6.36, or Section 105.6.47 of the
Fire Code, themanufacture, storage, sale, possession, handling, or use of any
fireworks as defined in Section 202, is prohibited within jurisdiction limits.
319.2 Seizure. The Fire Chief shall seize, remove or cause to be
removed, at the expense of the owner or person in possession, all stocks of
fireworks offered or exposed for sale, stored, used or held in violation of this
code.
Section 408. 1.1 is hereby added as follows:
408.1.1 Pre -plans. Pre -plans shall be developed for buildings and
premises where there may be special challenges for emergency operations, as
determined by the Fire Chief.
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Section 503.1.2. is hereby amended by adding the following concluding sentence:
The Fire Chief is authorized to require additional fire apparatus access
roads for all newly constructed vehicle parking areas and for all new or altered
structures, facilities, uses, or hazards.
Section 50 3.1.4 is hereby added as follows:
503.1.4 Fire roads. Fire Roads shall be provided for firefighting
equipment, apparatus and personnel to undeveloped areas of the City so as to
gain access to improved, unimproved ', and undeveloped areas in a manner
approved by the Fire Chief. Any vehicle or other obstruction to Fire Department
access may be towed away or removed at the owner's expense.
Section 503.2.3 is hereby amended to read as follows:
503.2.3 Surface. Except for fire roads, fire apparatus access roads shall
be designed and maintained to support the imposed loads of fire apparatus and
shall be surfaced with asphalt or concrete so as to provide all-weather driving
capabilities.
Section 503.2.6.1 is hereby added as follows:
503.2.6.1 Load testing. Bridg..s, Piers and Wharfs used for fire
.?.pparatus access shall be load tested to the original designed capacity whery
required by the Fire Chief.
Section 503.4 is hereby amended by adding the following:
Any vehicle or other obstruction may be towed away or removed at the
ownerls expense.
Section 503.4.2 is hereby added as follows.-
X
503.4.2 Prohibition on vehicular parking on private access ways. If,
in the judgment of the Fire Chief, it is necessary.to prohibit vehicular parking
along private access ways serving existing facilities, buildings, or portions of
buildings in order to keep them clear and unobstructed for fire apparatus access,
the Fire Chief may issue an Order to the owner, lessee or other person in charge
of the premises to paint the curbs red or install signs or other appropriate notices
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to the effect that parking is prohibited by Order of the Fire Department. From the
effective date of the order, it shall be unlawful for such owner, lessee or other
person in charge of the premises to fail to install, maintain' in good condition, the
form, of notice so prescribed. When such areas are marked or signed as
provided herein, no person shall park a vehicle adjacent to any such curb or in
the private access way contrary to such markings or signs. Any vehicle so
parked in the private access way may be towed away at the expense of the
owner of the vehicle.
Section 505.1 is hereby amended to read as follows:
A
JAfti
505.1 Address numbers. New and existing buildings shall hav,
approved address numbers, building numbers or approved building identificatior
placed in a position that is plainly legible and visible from the street or roa(
fronting the property. Numbers painted on the curb do not satisfy thi(,
requirement. These numbers shall contrast with their background. Addres,(
numbers shall be Arabic numerals or alphabet letters. Said numbers shall b(
either internally or externally illuminated in all new construction or substantia
remodels. Number sizes shall be as follows: Minimum of one -half-inch (1/2"
stroke by four inches (4") high for residential applications, minimum one -half -incl
(1/2") stroke by six inches (6") high for commercial applications. Larger sizeE
may be required by the Fire Chief based on distance from the street or roac
fronting the property. All buildings abutting on any public or private street
avenue, drive, road, place or lane within the City shall be given and marked witl
an official address number. 'Where access is by means of a private way, 01
monument, or other sign may be required by the Fire Chief to, identify th
building. The Chief Building Official shall decide the proper number to b
assigned to any building. Where required by the Fire Chief, address number
shall be provided in additional approved locations to facilitate emergenc,
response. Address numbers shall be maintained. I
505.1.1 Multi' -tenant buildings. Numbers or letters shall designate all
separate occupancies within new or existing multi -tenant buildings. Size shall be
minimum one -quarter -inch (1/4") stroke by two inches (2") high and on a
contrasting background for tenant spaces accessed from an interior corridor, and
as indicated in Section 505.1 for spaces with exterior access doors. In multi-
story or larger buildings, directional address numbers or letters shall be provided
at a central location. Said addresses or numbers shall be posted at a height no
greater than 5 feet, 6 inches (5' - 6") above the finished floor and shall be either
internally or externally illuminated in all new construction or substantial remodels.
505.1.2 Rear address*lng. Where required by the Fire Chief, approved
numbers or addresses shall be placed on all new and existing buildings in such a
position as to be plainly visible and legible from the fire apparatus road at the
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back of a property or where rear parking lots or alleys provide an acceptable
vehicular access. Number stroke and size shall comply with Section 505.1.
Section 506.1 is hereby amended by adding the followind
506.1 Key entry system. Except for single family dwellings, all buildings
which have installed therein an automatic fire alarm system, automatic fire
sprinkler system or a security gate, shall have an approved key entry system
installed. All facilities that are required to have Hazardous Materials Business
Plans shall have an approved key entry system installed. All electronic operated
vehicular gates, including gates serving single family dwellings, shall have an
approved key switch override system mounted on a stanchion or wall as
2pproved by the Fire Chief.
Section 507.5.1.2 is hereby added as follows:
507.5.1.2 Fire hydrant upgrades. When addition's or alterations to
structures are made, the nearest existing fire hydrant shall be upgraded to the
minimum standard of a Clow model 950 wet barrel type hydrant with one (1) four
and one-half inch (4Y2") outlet and one (1) two and one-half inch (2Y2") outlet for
single family dwellings, or for all other applications or structures to, a Clow model
960, wet barrel type hydrant with one (1) four and one-half inch (4y2") outlet and
two (2) two and one-half inch (2Y2") outlets.
Exceptions 1: If -the cost of upgrading the fire hydrant exceeds two
percent (2%) of the cost of the project, based on the Building Permit
valuation.
Exception 2: This section does not apply where an automatic fire
sprinkler system is installed throughout the building.
Section 903.2 is hereby amended to read as followsG
903.2 Where Required; All Occupancies and Facilities. An automatic
fire sprinkler system shall be installed in all of the following:
1. Every newly constructed, building or facility.
Exception.- Freestanding Group U occupancies not more than one
.thousand (1,000) square feet and provided with exterior wall and
opening protection as per Table 602 of the Building Code.
2. Newly created, attached, second dwell'
ing units which meet the
definition of a substantial remodel.
3. AIII other existing buildings, where be required by the Fire Chief in
accordance with the following. -
i. All buildings where improvements occur during any tnree (3) year period
which meet the definition of a substantial remodel.
sm
ii. All buildings in excess of three thousand (3, 1 000) square feet which
have more than ten (10) percent floor area added within any three (3) year
period.
iii. A change in the use of a building that results in a higher fire or life
safety hazard when the square footage of the area changing use is more than
fifty (50) percent of the square footage of the existing building.
iv. Where fire sprinklers are required by the provisions above, they shall
be extended throughout the building.
4. All public storacie facilities.
5. All tunnels used for the transportation of people or any type of vehicle.
The requirements for fire sprinklers in this code section are not meant t*
disallow the provisions for area increase, height increase, or fi re -res istive- rated
substitution if otherwise allowed by the Building Code or Residential Code.
Sections 903.2.1 through 903.2.17 remain the sam(I
Section 903.2.18 is hereby modified by deleting the exceptiorl
Section 907.8.5.1 is hereby added as follows:
907.8.5.1 False and nuisance fire alarm — public nuisance. A
protected premises fire alarm shall constitute a public nuisance if it actuates
three (3) or more false or nuisance alarms within any calendar year. This section
shall be effective thirty (30) days after fire alarm system installation is
operational.
907.8.5.1.1 False alarm response fee. Where a protected premises fire
alarm constitutes a public nuisance as specified in Section 907.8.5.1, the owner
or lessee shall be responsible for the City's false and nuisance alarm response
fees as specified in the Master Fee Schedule Resolution adopted by the City
Council.
Section 1013.2 is amended by adding the following sentence to the end of the
paragraph before the Exceptions:
Guards are also required at waterfront bulkheads, fixed piers and
gangways.
1029.6 Hotel w*Indow fall prevenfion. Operable windows in hotels
located within this jurisdiction shall be in accordance with this section.
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1029.6.1 New hotels. All new hotels, on all floors, shall have window
stops installed to prevent the windows from being opened more than four (4)
inches when the window sill height is less than forty two (42) inches. above the
floor.
1029.6.2 Existing hotels. All existing hotels shall have window openings
that comply with the following:
1029.6.2.1 Floors one through three. All existing hotels, on floors one
(1) through and including three (3), shall have flo operable window openings
such that the bottom edge of the opening, on the interior of the room, is less than
forty two (42) inches above'the floor level.
Exception 1: If the level of the ground or walkway on the exterior of the
room is no more than thirty (30) inches below the window sill.
Exception 2: If automatic fire sprinklers are installed throughout the
building, window stops may be installed to limit the opening to no more than four
(4) inches.
1029.6.2.2 Floors above the third floor. All existing hotels, on floors
above the third floor, shall have window stops installed to prevent the windows
from being opened more than four (4) inches if window sill heights are less than
forty two (42) inches above the floor.
1029.6.3 Clear area adjacent to window opening. There shall be no
furniture, fixed or moveable, placed within thirty six (36) inches of any openable
portion of a window. Hotels shall also provide notice to prospective guests of this
requirement.
Section 1030.3.1 is added as follows:
1030.3.1 Group 1-2 Hospital Obstructions. In Group 1-2 Hospitals, the
required clear width for aisles, corridors and ramps that are part of the required
means of egress shall comply with Section 1018.2. The facility shall have a plan
to maintain the required clear width during emergency situations.
Exception: In area's required for bed movement, equipment shall be
permitted in the required width where all the following provisions are met:
1. The equipment is low hazard and wheeled.
2. The equipment does not reduce the effective clear width for the means
of egress to less than 5 feet (1525 mm).
3. The equipment is limited
3.1 Equipment and carts in use;
3.2 Medical emergency equipment;
3.3 Infection control carts; and
3.4 Patient lift and transportation equipment.
4. Medical emergency equipment and patient lift and transportation
equipment, when not in use, is required to be located on one side of the corridor.
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5. The equipment is limited in number to a maximum of one per patien
sleeping room or patient care room within each smoke compartment.
Section 1103.8.1 is hereby amended by adding the following subsections, following the
Exceptions:
A. On or after January 1, 1986, every single-family dwelling and factory -
built housing, as defined in Health and Safety Code Section 19971, which is sold
shall have operable smoke alarms installed. The smoke alarms shall be
approved and listed by the State Fire Marshal and installed in accordance with
section 907.2.11.2. Battery operated smoke alarms shall be deemed to satisfy
the requirements of this section.
B.' On or after January 1, 1993, every apartment building shall have
installed a hardwired smoke alarm with battery back-up located within every
dwelling unit. This smoke alarm shall be located outside of sleeping rooms and
the primary power s ' hall be from the building wiring, with no intervening switches
other than the circuit breaker. The smoke alarm shall be approved and listed by
the State Fire Marshal.
Section 1104.5.2 is added as followl
1104.5.2 Change of ownership. Buildings, portions of buildings, or
occupancies shall meet the requirements of Section 1104.5 upon a change of
ownership.
5704.3.3.11 Storage of flammable and combustible Illoquids and other
hazardous materials. The storage of flammable or" combustible liquids or other
hazardous materials in public storage facilities is prohibited. Such facilities shall
post legible and durable signs to indicate same in a manner and locations as
specified by the Fire Chief. This section shall apply to new and existing public
storage facilities.
Except*lon: Only those quantities of flammable and combustible liquids
necessary for normal maintenance of the facility.
Appendix D103.5, Subsection 1 is hereby amended to read as follows:
D103.5, Subsection I Gate Opening Width. Except for a single one- or
two-family dwelling, the minimum unobstructed gate width shall be twenty (20)
feet. For a single one- or two-family dwelling, the minimum unobstructed gate
width shall be sixteen (16) feet, except where a narrower width is approved by
S Ws
the Fire Chief for exceptional circumstances.
E U1 ;-A Rfl� a 17 1 -W 1 1
4.08.140 Appeals.
A. Any person receiving a bill for Fire Department response costs and
expenses pursuant to Section 104.12 of the Fire Code, may file within thirty (30)
days after the date of mailing the bill, an administrative appeal against imposition
of the civil 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
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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 deon of the Hearing Officer.
B. Whenever the Fire Chief shall disapprove an application or refuse to
grant a permit applied,for, or when it is claimed that the provisions of the code do
not apply or that the true intent and meaning of the code have been
misconstrued or wrongly interpreted, the applicant may appeal from the decision
of the Fire Chief to the City Council within ten (10) days from the date of the
decision. The provisions of this section shall not apply to corrective actions for
the clearance of vegetative as speed in 304.1 through 304.1.2.2 of the Fire
Code, or to matters for which an appeal is provided pursuant to 4.08.140(A)
above.
California Health and Safety Code Sections 17958.5, 17958.7, and
18941.5 require that findings be made in order to change or modify building
standards found in the California Building Standards Code based on local
climatic, geologic, or topographic conditions.
. Therefore, the San ' Rafael City Council hereby finds that these changes or
modifications to the Fire Code as adopted, in Title 4 of the San Rafael Municipal
Code are reasonably necessary because of the following local climatic,
geological and topographical. conditions:
a. 'Iflost of the annual rainfall in San Rafael occurs during the winter; it receives no
measurable precipitation between May and October. During this time,
temperatures average between 70 and 90 degrees. These conditions eliminate
most of the moisture in the natural vegetation and heavily wooded hillsides. The
area also suffers periodic droughts that can extend the dry periods to other
months of the year. These conditions can be further exacerbated by high off-
shore winds, or hot, dry, inland winds.
Wi. Most of the annual rainfall in San Rafael occurs 'during the winter, and some -
portions of San Rafael are subject to tidal influences, there are times that
flooding conditions occur in low-lying areas.
11. Geological conditions
a. San Rafael lies near several earthquake faults, including the very active Sar
Andreas Fault; there are significant potential hazards such as road closures,
fires, collapsed buildings, and isolation of residents requiring assistance.,
b. Many areas of the City, including some highly developed industrial and
commercial areas are located on bay alluvial soils which are subject to
liquefaction in the event of an earthquake.
Much of San Rafael is located in hilly areas, and many of the residential areas
are heavily landscaped, and many exist adjacent to hilly open space areas which
are characterized by dry vegetation and have limited access. In addition, the
steepness of grades located in the hills and canyons results in narrow and
winding roads, and limited water supply.
b. The major arterial route between San Francisco and Marin and Sonoma county
are.s, Highway 101, bisects the City of San Rafael; should that highway become
impassable, alternative routes via surface streets in San Rafael may cause
heavy traffic congestion, limiting emergency access or delaying response.
More specifically, the above modified building standards are listed below with th
corresponding , geological or topographical condition which necessitates th
modification, as follows:. I
climatic
4.�)ection Number Climatic, geological and topographical conditior
1.11.2.1
la,
Ila, Ilia, Illb
102.5
la,
lb, Ila, Ilia, Illb
103.1
la,
Ila, Ilia, Illb
104.12
la,
lb, Ila, Ilb, Ilia, Illb
104.13
la,
llb, Ila, llb, Ilia, Illb
105.6.30
la,
Ila, lib, Ilia, Illb
105.7
la,
Ila, Ilb, Ilia, Illb
105.7.17
la,
Ila, Ilia, Illb,
109.4
la,
lb, Ila, Ilb, Ilia, Illb
111.4
la,
lb, Ila, Ilb, Ilia, Illb
113.2
la,
Ila, Ilia
113.3
la,
Ila, Ilia
113.6
la,
Ila, Ilia
113.7
la,
Ila, Ilia
202
la,
lb, Ila, Ilb, Ilia, Illb
304.1.2
la,
Ila, Illa,'Illb
307.4.2
la,
Ila, Ilia, Illb
307.4.3
la,
Ila, Ilb, Ilia, Illb
310.8
la,
Ila, Ilia, Illb
319
la,
Ila, Ilia, Illb
408.1.1
la,
lb, Ila, Ilb, Ilia, Illb,
503.1.2
la, lb, Ila, Ilb, Ilia, Illb
503.1.4
la, lb, Ila, Ilia
503.2.3
la, lb, Ila, Ilb, Ilia,, Illb
503.2.6.1
la, Ila, Ilb, Ilia
503.4
la, Ila, Ilia
503.4.2
la, lb, Ila, Ilb, Ilia, Illb
505.1
la, Ila, Ilia, Illb
506.1
la, Ila, Ilb, Ilia
507.5.1.2
la, Ilia, Illb,
903.2
la, Ila, Illa,111b
903.2.18
la, Ila, Ilia
907.8.5.1
la, lb, Ila, Ilb, Ilia, Illb
1013.2
lb, Ila
1029.6
Ila, Ilb, Illb
1030.3.1
Ila, Ilb, Ilia, Illb
1103.8.1
la, Ila, Ilia
1104.5.2
la, Ila, Ilia
5704.3.3.11
la, Ila, Illb
Appendix D103.5
la, lb, Ila, Ilia, Illb
I Q kyj W us] 0 M
All former Ordinances or parts thereof conflicting or inconsistent with the
provisions of this Ordinance codified in this chapter or the Codes hereby adopted
are hereby repealed.
I III kyj W rel L1 IF I
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.
191 W RM rol I'Ll M
0
This Ordinance shall be published once I in full or in summary form, before
its final passage, in a newspaper of general circulation, published and circulated in
the City of San Rafael and shall be in full force and effect thirty (30) days after its
final passage. If published in summary form, the summary shall also be published
within fifteen (15) days after the adoption, together with the names of those
no
Council members voting for or against same, in a newspaper of general circulation
published and circulated in the City of San Rafael, County of Marin, State of
California.
'11,41thin 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.
a] kyj M rel ki 1 109
The City Council finds that adoption of thlis Ordinance is exempt from the
California Environmental Quality Act (CEQA), pursuant to 14 CCR Section
15061 (b)(3), since it can be seen with certainty that there is no possibility that the
adoption of this Ordinance may have a significant effect on the environment.
GARY 0. PHILLIPS, Mayor
Attest:
ESTHER BEIRNE, City-CleAr
The foregoing Ordinance No. was read and'introduced at a Regular
meeting of the City Council of the City of San Rafael, held on the 18th day of Novemb
2013 and ordered passed to print by the following vote, to wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
and it will come up for adoption as an Ordinance of the City of San Rafael at a Regular
meeting of the City Council to be held on the 2nd day of December, 2013.
ESTHER BEIRNE, City Clerk
:A 21il
INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT,
ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY.
SRRA / SRCC AGENDA ITEM NO. 3.f
DATE OF MEETING: November 18, 2013
FROM: Christopher Gray
*ATE: November 7, 2013
Ordinance introducing the 2014 Fire Code
(LOWER HALF OF FORM FOR APPROVALS ONLY)
APPROVED AS COUNCIL /AGENCY
AGENDA ITEM:
City Manager (signature)
illilk IQ I
APPROVED AS TO FORM:
City Attorney (signature)