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HomeMy WebLinkAboutOrdinance 1864 (Fire Codes)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. 1864 entitled: "AN 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, 2007 EDITION, WITH AMENDMENTS, AND PORTIONS OF THE 2000 UNIFORM FIRE CODE, WITH AMENDMENTS; ADOPTING ENFORCEMENT, PENALTY, AND APPEALS PROVISIONS FOR SUCH CODES; AND ADOPTING FINDINGS OF FACT SUPPORTING THE AMENDMENTS TO SUCH CODES" 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 5th day of November. 2007, a SUMMARY of Ordinance No. 1864 was published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City, held on the 19th day of November, 2007. by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 26th day of November, 2007 JEANNE M. L OE� NCINI City Clerk SUMMARY OF ORDINANCE NO. 1864 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, 2007 EDITION, WITH AMENDMENTS, AND PORTIONS OF THE 2000 UNIFORM FIRE CODE, WITH AMENDMENTS; ADOPTING ENFORCEMENT, PENALTY AND APPEALS PROVISIONS FOR SUCH CODES; AND ADOPTING FINDINGS OF FACT SUPPORTING THE AMENDMENTS TO SUCH CODES. Title 4 of the City of San Rafael Municipal Code is being amended by amending Chapter 4.08, adopting the 2007 California Fire Code with amendments and portions of the 2000 Uniform Fire Code with amendments, and adopting provisions for enforcement and penalties and appeals related to such codes, as detailed in the complete text of Ordinance No. 1864. For a copy of the complete text of the Ordinance amending the Municipal Code, the 2007 California Fire Code, and the 2000 Uniform Fire Code, please contact the City Clerk at 485-3066. Copies of the complete Ordinance containing these Municipal Code amendments, and the aforementioned codes, are also available for public review as of Wednesday, November 14, 2007, at the San Rafael City Clerk's Office, 1400 Fifth Avenue, 2nd Floor, Room 209, during regular business hours, 8:30 a.m. to 5:00 p.m. SUMMARY OF AMENDMENT TO MUNICIPAL CODE This Ordinance amends Chapter 4.08 of the San Rafael Municipal Code, adopts the 2007 California Fire Code with amendments, adopts portions of the 2000 Uniform Fire Code with amendments, adopts fire prevention and fire safety regulations in structures and on property located in the City of San Rafael, and adopts provisions for enforcement, penalties and appeals related to the aforementioned codes. The Ordinance also contains the findings of fact that are required by Health & Safety Code Sections 17958.5, 17958.7 and 18941.5 relative to local climatic, geological and topographical conditions when amendments are made to building standards contained in the California Fire Code. PUBLICATION A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council meeting at which it will be adopted, November 19, 2007. This Ordinance shall be in full force and effective on January 1, 2008, and the summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the names of the Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for and against the Ordinance. 0RIWE. o�c�• /;i�1VI\U/I ALBEkt J. BO O; Mayo ATTEST: J M. LEO cm' City Clerk The foregoing Ordinance No. 1864 was read and introduced at a regular meeting of the City Council of the City of San Rafael on Monday, November 5, 2007, and was ordered passed to print by the following vote, to wit: AYES: Councilmembers: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: Councilmembers: None ABSENT: Councilmembers: None and will come up for adoption as an ordinance of the City of San Rafael at a regular meeting of the City Council to be held on the 19th day of November, 2007. JARNE M. LEONCINI, City Clerk SUMMARY OF ORDINANCE NO. 1864 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, 2007 EDITION, WITH AMENDMENTS, AND PORTIONS OF THE 2000 UNIFORM FIRE CODE, WITH AMENDMENTS; ADOPTING ENFORCEMENT, PENALTY AND APPEALS PROVISIONS FOR SUCH CODES; AND ADOPTING FINDINGS OF FACT SUPPORTING THE AMENDMENTS TO SUCH CODES. Title 4 of the City of San Rafael Municipal Code is being amended by amending Chapter 4.08, adopting the 2007 California Fire Code with amendments and portions of the 2000 Uniform Fire Code with amendments, and adopting provisions for enforcement and penalties and appeals related to such codes, as detailed\in the complete text of Ordinance No. 1864. For a copy of the complete text of the Ordinance amending the Municipal Code, the 2007 California Fire Code, and the 2000 Uniform Fire Code, please contact the City Clerk at 485-3066. Copies of the complete Ordinance containing these Municipal Code amendments, and the aforementioned codes, are also available for public review as of Wednesday, November 14, 2007, at the San Rafael City Clerk's Office, 1400 Fifth Avenue, 2"a Floor, Room 209, during regular business hours, 8:30 a.m. to 5:00 p.m. SUMMARY OF AMENDMENT TO MUNICIPAL CODE This Ordinance amends Chapter 4.08 of the San Rafael Municipal Code, adopts the 2007 California Fire Code with amendments, adopts portions of the 2000 Uniform Fire Code with amendments, adopts fire prevention and fire safety regulations in structures and on property located in the City of San Rafael, and adopts provisions for enforcement, penalties and appeals related to the aforementioned codes. The Ordinance also contains the findings of fact that are required by Health & Safety Code Sections 17958.5, 17958.:7, and 18941.5 relative to local climatic, geological and topographical conditions when amendments are made to building standards contained in the California Fire Code. PUBLICATION A summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5)�,days prior to the Council meeting at which it will be adopted, November 19, 2007. This Ordinance -shall be in full force and effectTrsvoting ys and the summary of this Ordinance shall be published (15) days after the adoption, together with the names of the Councilmfor or against same, in the Marin Independent Journal, a newspaper of general cirished and circulated in the City of San Rafael, County of Marin, State of Californian (15) days after adoption, the City Clerk shall also post in the office of the City Clerk,certified copy of the full text of this Ordinance along with the names of those Councilmembers&oting for and against the Ordinance. 01-1,J,�,cL�I .z -v o 8 ORDINANCE NO. 1864 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, 2007 EDITION, WITH AMENDMENTS, AND PORTIONS OF THE 2000 UNIFORM FIRE CODE, WITH AMENDMENTS; ADOPTING ENFORCEMENT, PENALTY AND APPEALS PROVISIONS FOR SUCH CODES; AND ADOPTING FINDINGS OF FACT SUPPORTING THE AMENDMENTS TO SUCH CODES THE COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1. Title 4, Chapter 4.08 of the Municipal Code of the City of San Rafael is hereby amended to read as follows: CHAPTER 4.08. FIRE CODE Sections: 4.08.010 Purpose. 4.08.020 Adoption of the California Fire Code, 2007 Edition with Amendments, and adoption of portions of the Uniform Fire Code, 2000 edition. 4.08.030 Definitions. 4.08.040 Enforcement of the Fire Code 4.08.050 Authority to arrest and issue citations. 4.08.060 Restrictions on the storage of flammable and combustible liquids in aboveground tanks outside of buildings. 4.08.070 Restrictions on the storage and dispensing of liquefied petroleum gases. 4.08.080 The storage of explosives and blasting agents within City Limits is prohibited. 4.08.090 Restrictions on storage of compressed natural gas. 4.08.100 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 made to the Fire Code. 4.08.130 Enforcement and Penalties. 4.08.140 Appeals. -1- 4.08.010 Purpose. The 2007 California Fire Code, and portions of the 2000 Uniform 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; 3. To establish and maintain a Fire Prevention Bureau; 4. To provide penalties for violations of this chapter. 4.08.020 Adoption of the California Fire Code, 2007 Edition with Amendments, and adoption of portions of the Uniform Fire Code, 2000 edition. The City Council hereby adopts for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code which contains building standards known as the 2007 California Fire Code (International Fire Code, 2006 Edition as amended by the State of California) as published by the California Building Standards Commission, together with appendices 1, 4, B, C , and D thereto; and the following appendices to the Uniform Fire Code 2000 edition; I -A, II -A, II -B, II -C, III -D, IV -A, V-A, VI -B; save and except such portions as are herein deleted, modified or amended. 4.08.030 Definitions. A. Except as words are defined in section 4.08.120 of this section, 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 "Fire Code" are used, they shall mean those codes and standards adopted in section 4.08.020, with amendments. 3. Whenever the word "Jurisdiction" is used, it shall mean the City of San Rafael. 4.08.040 Enforcement of the Fire Code. A. The Fire Chief, Chief Building Official/Fire Marshal, or their authorized representatives, shall enforce those portions of the Fire Code over which they have responsibility as provided in the Fire Code and in this Chapter. B. The Chief Building Official/Fire Marshal shall be responsible for enforcement of building regulations relating to fire and panic safety for R-3 dwellings and for other buildings subject to regulation by the City, as provided by Health & -2- Safety Code Sections 13145, 13146, 13146.2, 13146.3, 13146.5 and Government Code Section 34004. 4.08.050 Authority to arrest and issue citations. A. The Fire Chief, Chief Building Official/Fire Marshal, and their authorized representatives shall have authority to arrest or to cite any person who violates any provision of this Chapter involving 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. B. It is the intent of the City Council that the immunities provided in Penal Code Section 836.5 be applicable to the aforementioned officers and employees exercising their arrest or citation authority within the course and scope of their employment pursuant to this Chapter. 4.08.060 Restrictions on the storage of flammable and combustible liquids in aboveground tanks outside of buildings. A. Pursuant to Sections 3404.2.9.5.1 and 3406.2.4.4 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 areas of the City. B. Providing storage of flammable and combustible liquids (Class I and II) is within a protected aboveground fuel storage tank as defined by Appendix II -F of the Fire Code, such storage and quantities are permitted in the following districts as defined in Title 14 of the Municipal Code: 1. Districts designated as I, LI/O, M, MC, or CCI/O shall be permitted to have a maximum of ten thousand (10,000) gallons at any one site. 2. Districts designated as PD, providing that they are industrial use in nature, shall be permitted to have ten thousand (10,000) gallons at any one site. 3. Districts designated as GC, C/O, FBWC, or PD (providing that they are commercial use) shall be permitted to store a maximum of five thousand (5,000) gallons at any one site. 4. Discretion may be exercised by the Chief Building Official/Fire Marshal to increase the maximum capacities allowed by this section, in accordance with regulations and standards adopted by the Chief Building Official/Fire Marshal to protect against any increased hazards to life or property. C. Bulk plants for the storage of flammable or combustible liquids are prohibited within the City. D. Prior to the Chief Building Official/Fire Marshal authorizing installation of a tank system, the applicant shall apply for and obtain Environmental and Design Review Permit approval from the Community Development Department as provided in Chapter 14.25. 4.08.070 Restrictions on the storage and dispensing of liquefied petroleum -3- gases (LPG). A. Pursuant to Section 3804.2 of the Fire Code, except as provided in Subsection B of this Section, the storage of LPG is prohibited in all areas of the City. B. Storage, limited to one thousand (1,000) gallons of LPG at any one site, is permitted in the following districts as defined in Title 14 of the Municipal Code, except that up to one thousand five hundred (1,500) gallons of LPG may be permitted at any one site, provided that the LPG storage tank system is protected in a manner approved by the Chief Building Official/Fire Marshal: 1. Districts designated as I, LI/O or CCI/O; 2. Districts designated as PD, providing that they are industrial use in nature; 3. Districts designated as GC, C/O, FBWC, HO, 2/3 MUE, 2/3 MUW, M, MC or PD (providing that they are commercial use) only if the tank system is wholly protected in a manner approved by the Chief Building Official/Fire Marshal. C. The storage of any LPG tank system in any residential district is prohibited unless there are no natural gas lines available to be connected to the residence. D. The dispensing of LPG is prohibited in all districts except such dispensing is permitted in those districts outlined in Subsection B of this Section. E. Exceptions to the Restrictions. 1. Limited quantities only when used in conjunction with home LPG barbecues, recreational vehicles or similar uses; 2. Limited quantities only when used in conjunction with LPG driven vehicles; 3. Limited quantities only when used in conjunction with construction projects for which a Building Permit has been issued; 4. Existing bulk LPG facilities shall be able to continue their use and shall be able to relocate their facilities with the express permission of the Chief Building Official/Fire Marshal and the City Council. F. Prior to the Fire Department authorizing installation of a tank system, the applicant shall apply for and obtain Environmental and Design Review Permit approval from the Community Development Department as provided in Chapter 14.25. 4.08.080 The storage of explosives and blasting agents within City Limits is prohibited. There shall be no manufacture or storage of explosives or blasting agents within jurisdiction limits. 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 I, 1-I/0 or CCI/0; 2. Districts designated as PD providing that they are industrial use in nature. 4.08.100 Restrictions on storage of stationary tanks of flammable cryogenic fluids Pursuant to Section 3204.3.1.1, the storage of flammable cryogenic fluids in -4- 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 I, LI/0 or CCI/0; 2. Districts designated as PD providing that they are industrial use in nature. 4.08.110 New materials, processes or occupancies which may require permits. The Chief Building Official/Fire Marshal 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 Chief Building Official/Fire Marshal shall post such list in a conspicuous place in his office and distribute copies thereof to interested persons. 4.08.120 Amendments to the Fire Code. The 2007 California Fire Code is amended or modified as follows: Section 111.2.1 is amended to read as follows: 111.2.1 Enforcement. Pursuant to Health & Safety Code Sections 13146 and 13146.5, and Government Code Section 34004, 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 R-3 dwellings and all buildings subject to regulation by the City, shall be the Chief Building Official/Fire Marshal of the City. Section 202 is hereby amended by adding the definition of "Fire Code Official" as follows: FIRE CODE OFFICIAL. Fire Code Official shall mean the Chief Building Official/Fire Marshal. Section 202 is hereby amended by adding the definition of "Fire Prevention Standards" to read as follows: FIRE PREVENTION STANDARDS. Fire prevention standards shall mean those supplemental rules and regulations that have been developed by the Fire Prevention Bureau and approved by the Chief Building Official/Fire Marshal to provide additional guidance and interpretation of this code. Section 202 is hereby amended by adding the definition of "Public Storage Facility" as follows: -5- PUBLIC STORAGE FACILITY. A public storage facility shall mean any business that sells, leases or rents space to the public that is enclosed, whether it is a building, storage container or similar configuration. Section 202 is hereby amended by adding the definition of "Spark Arrester" as follows: SPARK ARRESTER. Spark arrester shall mean a chimney device constructed in a workmanlike manner to prevent the escape of embers from the chimney. The net free area of a spark arrester shall not be less than four (4) times the net free area of the outlet of the chimney. The spark arrester shall be constructed of stainless steel, aluminum, copper, brass or woven galvanized wire mesh 19 - gauge minimum with 3/8" minimum to 1/2" maximum openings. The spark arrester shall be mounted over all outside flue openings and adequately supported to prevent movement. The spark arrester shall be visible from the ground. Section 202 is hereby amended by adding the definition of "Substantial Remodel" as follows: SUBSTANTIAL REMODEL. Substantial remodel shall mean the renovation 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 structural changes are made in the building, such as walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components, the floor area of all rooms affected by such changes shall be included in computing floor areas for purposes of applying this definition. This definition does not apply to the replacement and upgrading of residential roof coverings or exterior wall finishes. Section 202 is hereby amended by adding the definition of "Temporary" as follows: TEMPORARY. Temporary shall mean any occupancy or use for a period of less than one hundred eighty (180) days. Section 302.1 is amended by adding the following definition: 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. Sections 316 is added to read as follows: Sections 316 Fireworks Section 316.1 General. The manufacture, storage, sale, possession, handling or use of all fireworks as defined in Section 302.1 is prohibited except as permitted by the Fire Code Official for approved public display. Section 316.2 Seizure. The Fire Chief or Fire Code Official or their authorized agents shall seize, remove or cause to be removed at the expense of the owner or person(s) in possession all stocks of fireworks offered or exposed for sale, stored or held in violation of this code. Section 502.1 is hereby amended by adding the definition of "Fire Road" to read as follows: FIRE ROAD shall mean any improved or unimproved road, public or private, that provides access for firefighting equipment and personnel to undeveloped areas. Section 503.1.4 is hereby amended by adding a subsection thereto to read 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 and Fire Code Official. Any vehicle causing an obstruction to Fire Department access may be towed away at the owner's expense. Section 503.2.6.1 is hereby added to read as follows: 503.2.6.1 Load testing. Bridges, Piers and Wharfs used for fire apparatus access shall be load tested to the original designed capacity when required by the Fire Chief. Section 503.4 is amended by adding a sentence thereto to read as follows: Any vehicle causing such an obstruction may be towed away at the owner's expense. Section 505.1 is amended to read as follows: 505.1 Address numbers. New and existing buildings shall have approved address numbers, building numbers or approved building -7- identification placed in a position that is plainly legible and visible from the street or road fronting the property. Numbers painted on the curb do not satisfy this requirement. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Said numbers shall be either internally or externally illuminated in all new construction or substantial remodels. Number sizes shall be as follows: Minimum of one- half -inch (1/2") stroke by four inches (4") high minimum for residential applications, minimum one -half-inch (1/2") stroke by six inches (6") high minimum for commercial applications. Larger sizes may be required by the Fire Code Official based on distance from the street or road fronting the property. All structures abutting on any public or private street, avenue, drive, road, place or lane within the City shall be given and marked with an official number. The City Engineer shall decide the proper number to be assigned to any structure. All requests for new addresses or change of address shall be reviewed and approved by the City Engineer. If the owner or lessee of any building fails, refuses or neglects to place the number, or replace it when necessary, the City Engineer may and upon order of the City Council shall cause a notice to be personally served on such owner or lessee or mailed by registered mail to last known address, ordering him to place or replace the number. Such owner or lessee shall comply with such notice within ten days from the date of service. 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 addressing. When required by the Fire Code Official, 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 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 amended by adding thereto the following: All buildings, except single family dwellings, which have installed therein automatic supervised products of combustion fire detection and alarm system, automatic fire sprinkler system or a security gate, shall have installed an approved key entry system. All facilities that are required to submit Hazardous Materials Business Plans shall have installed a key entry system approved by the Fire Code Official for access to the facility and all buildings at the facility. All electronic operated vehicular gates shall have installed an approved key switch override system mounted on a stanchion or wall as approved by the Fire Code Official. All electronic or motorized vehicular gates shall incorporate in their design a means for fast, effective manual operation of the gates in the event of power or mechanical failure (e.g., easily removable hinge pins for separating powered linkage from gates; undercut, weakened or frangible members requiring 40 pounds or less pressure against the gates to cause their failure and the gates to open). Section 508.5.1.1 is added to read as follows: 508.5.1.1 Fire Hydrant Upgrades. When additions or alterations to structures are made, the nearest hydrant (if a new one is not otherwise required) shall be upgraded to the minimum standard of one 4'/2 " outlet and one 2'/2 " outlet for single family dwellings, or to one 4'/2 " outlet and two 2'/2 " outlets for commercial structures. Exception: If the cost of upgrading the fire hydrant exceeds two percent (2%) of the cost of the project based on the Building Permit valuation. Section 510. 1.1 is added to read as follows: 510.1.1. Utility identification. In multi -unit commercial and residential buildings, gas and electric meters, service disconnect switches and shut-off valves shall be clearly, legibly and permanently identified in an approved manner to indicate the unit or space that it serves. Section 806.1.1. Exception 1 shall be amended to read as follows: 1. Trees which have been treated with a State Fire Marshal approved flame retardant. Treated trees shall bear a tag stating the type of flame retardant used, name of the person who applied the retardant and location of treating facility. Section 903.2 is amended to read as follows: 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 1: 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. Exception 2: Freestanding Group B or M occupancies not more than five hundred (500) square feet and provided with exterior wall and opening protection as per Table 602 of the Building Code. 2. Newly created, attached, second dwelling units which meet the definition of a substantial remodel. 3. All other existing buildings, sprinkler systems may be required by the Fire Code Official in accordance with the following: i. All buildings where improvements occur during any three (3) year period which meet the definition of a substantial remodel. Exception: Group R, Division 3 occupancies where the "substantial remodel" is for fire or flood repair purposes only. ii. All buildings in excess of thirty-five hundred (3,500) square feet which have more than twenty percent (20%) floor area added within any three (3) year period. Exception: Group R, Division 3 occupancies not located in a high fire hazard area and which have available fire flow from the nearest fire hydrant that is greater than the required minimum fire flow. 4. In all residential buildings required to be sprinklered above, attached garages and attics designed for storage, or containing mechanical equipment shall also be sprinklered. In all multi -unit residential occupancies, the attics shall be sprinklered. 5. Fire Sprinklers in Group R, Division 1 hotel occupancies shall be designed in accordance with NFPA 13. 6. All single family dwellings in excess of five thousand (5,000) square feet shall have automatic fire sprinkler systems designed in accordance with NFPA Standard 13R. 7. All public storage facilities shall be provided with an automatic fire sprinkler system. 8. All buildings in which a change of use occurs which, in the opinion of the Fire Code Official, results in a higher fire or life safety exposure where the area changing use is more than fifty percent (50%) of the total square footage of the building. Sprinkler system installation shall include the entire building that contains the new or changed occupancy occurs. -10- The requirements for fire sprinklering in this code section are not meant to disallow the provisions for area increase, height increase, or fire -resistive substitution if otherwise allowed by the Building Code. Section 907.2.2.1 is added to read as follows: 907.2.2.1 Smoke Detection in Office Uses. When corridors in a multi- story office building serve an occupant load of between thirty (30) and one hundred (100), and are not one-hour fire resistive construction with 20 -minute rated doors, an automatic smoke detection system shall be provided in each office space that has less than a one-hour separating wall and/or any non -rated openings onto the corridor. Section 907.2.10.5.3 (a) is amended as follows: (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 detectors installed. The detectors shall be approved and listed by the State Fire Marshal and installed in accordance with section 907.1.10.1.2. Battery operated smoke detectors shall be deemed to satisfy the requirements of this section. Section 907.20.6 is added to read as follows: C11 907.20.E Malfunctioning fire alarms. Owners of properties with a fire alarm system shall be responsible for maintaining the system in accordance with section 907.20.5. When three (3) or more malfunctioning fire alarm activations occur within one (1) calendar year, a fee may be assessed per the current adopted Master Fee Schedule for each subsequent malfunctioning alarm where Fire Department response occurs. Section 1013.1 is amended by adding the following sentence: Guards are also required at waterfront bulkheads, fixed piers and gangways. Section 1026.6 is added to read as follows: 1026.6 -- Hotel window fall prevention. Operable windows in hotels located within this jurisdiction shall be in accordance with this section. -11- 1026.6.1 New Hotels. All new hotels, on all floors, shall have window stops installed to prevent the windows from being opened more than four inches (4") when the window sill height is less than forty-two inches (42") above the floor. 1026.6.2 Existing Hotels. All existing hotels shall have window openings that comply with the following: 1026.6.2.1 Floors One through Three. All existing hotels, on floors one through and including three, shall have no operable window openings such that the bottom edge of the opening, on the interior of the room, is less than forty-two inches (42") 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 inches (30") 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 inches (4"). 1026.6.2.2 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 inches (42") above the floor. 1026.6.3 Clear Area Adjacent to Window Opening. There shall be no furniture, fixed or moveable, placed within thirty-six inches (36") of any openable portion of a window. Hotels shall also provide notice to prospective guests of this requirement. Section 1027.5.2 is added to read as follows: 1027.5.2 Change of Ownership. Buildings, portions of buildings, or occupancies shall meet the requirements of Section 1027.5 upon a change of ownership. Section 3404.3.3.11 is added to read as follows: 3404.3.3.11. Storage of Flammable and Combustible Liquids and Hazardous Materials. The storage of hazardous materials or flammable or combustible liquids in public storage facilities is prohibited. Such facilities shall post legible and durable sign(s) to indicate same in a manner and location(s) as specified by the Fire Code Official. This section shall apply to new and existing public storage facilities. Exception: Only those quantities of flammable and combustible liquids necessary for normal maintenance of the facility. -12- Section 104.1.1 of Appendix Chapter 1 is added to read as follows: 104.1.1 Authority of the Fire Chief and Chief Building Official/Fire Marshal. 104.1.1.1 Fire Chief. Under the Fire Chiefs direction, the Fire Department is authorized to enforce the provisions of this code and other ordinances of the City pertaining to: 1. The suppression or extinguishment of dangerous or hazardous fires. 2. The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials. 3. Those other matters in this code assigned to the Fire Chief. 104.1.1.2 -- Chief Building Official/Fire Marshal. The Chief Building Official/Fire Marshal is authorized to enforce the provisions of this code pertaining to: 1. The prevention of fires. 2. The storage, use and handling of hazardous materials. 3. The installation and maintenance of automatic, manual and other private fire alarm systems and fire -extinguishing equipment. 4. The maintenance and regulation of fire escapes. 5. The maintenance of fire protection and the elimination of fire hazards on land and in buildings, structures and other property, including those under construction. 6. The maintenance of means of egress, and 7. Those other matters in this code assigned to the Chief Building Official/Fire Marshal. 104.1.1.3 Fire Chief and Chief Building Official/Fire Marshal; Police Powers. The Fire Chief and Chief Building Official, and their authorized representatives, shall have the powers of a police officer in performing their duties under this code. When required to do so by the Fire Chief or Chief Building Official/Fire Marshal, the Chief of Police is authorized to assign such available police officers as necessary to assist them in enforcing the provisions of this code. Section 104.12 of Appendix Chapter 1 is added to read as follows: 104.12 Liability of Persons Causing a Fire Department Response. The costs and expenses of a Fire Department Response (incident) that is within the responsibility for enforcement of the Fire Chief shall be a debt owed to the City by the person who caused the incident. Such response costs and expenses shall include, but not be limited to, Fire Department equipment and personnel committed to the incident, and any payments made by the City to outside business firms to secure, investigate and monitor remediation and cleanup of the incident. The City shall compute and bill the responsible party for such response -13- costs and expenses, with payment due within thirty (30) days following the mailing of the bill, unless an appeal is filed as provided in Section 4.08.140 (A). Upon failure to pay the response costs and expenses when due, the responsible person shall be liable, in a civil action brought by the City, for such response costs and expenses, and costs of the litigation, including reasonable attorneys' fees. Section 105.1.4 of Appendix Chapter 1 is added to read as follows: 105.1.4 Permit fees. The fees for permits and other services shall be as established in the Master Fee Schedule established by resolution of the San Rafael City Council as amended from time to time. The fee shall be set to cover the cost to review and inspect the intended activities, operations or functions. The fees must be paid to the City prior to engaging in the activities, operations or functions. Exception: The applicant for a given permit shall be exempt from payment when the event is sponsored by the City, or work to be conducted is located on properties owned by the City of San Rafael. All fire permits and fire construction permits shall have a set number of inspections per permit. Additional inspections and additional re -inspections will be billed at an hourly rate consistent with the Master Fee Schedule established by resolution of the San Rafael City Council as amended from time to time. Application for "event" type permits (ie: Assembly, Pyrotechnic, Tents, etc.) shall be submitted at least ten (10) days prior to the event date. Applications submitted less than ten (10) days prior to the event date shall be charged one and one-half (1 Y2) times the regular permit rate. "After Hours" inspections shall be charged at a rate of one and one-half (1 Y2) times the normal hourly rate. "After Hours" inspections will be billed at three (3) hours minimum. "After Hours" inspections are defined as inspections conducted outside of normal business hours. Appendix D -- Section D105 is amended to read as follows: 503.1.5 Ladder Truck Access. For buildings more than three (3) stories in height, or greater than thirty-five (35) feet in height, approved access roads for ladder truck operations shall be provided within the necessary operational distances as specified by the Fire Chief or Fire Code Official. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. The adopted appendices to the Uniform Fire Code, 2000 edition are amended as follows: -14- Appendix II -A, Section 7 — SPARK ARRESTORS is amended to read as follows: SECTION 7 — SPARK ARRESTERS All chimneys used in conjunction with fireplaces, barbecues, incinerators, decorative wood burning appliances or heating appliances in which solid or liquid fuel is used, upon buildings, structures or premises located within the jurisdiction shall be provided with spark arresters as defined in Section 202. Appendix II -A, Section 16.2, is amended to read as follows: 16.2 Corrective Action. Failure to comply with the requirements of Section 16.1 shall be deemed a public nuisance. Whenever the Fire Chief determines that there is substantial evidence of a failure to comply with Section 16.1, he shall cause a written Notice of Hearing to be posted on the affected property, and to be served by regular US Mail on the property owner at the address shown on the County Assessor records. Said Notice of Hearing shall specify the conditions violating Section 16.1, and the date, time and place at which the Fire Chief will hear evidence from the property owner and all interested persons on the existence of a public nuisance on the affected property. The hearing date shall be scheduled no sooner than ten (10) days following posting and service of the Notice of Hearing. Following the hearing, the Hearing Officer shall render a written Decision, which shall be final. If the Hearing Officer finds that a public nuisance does exist, the Decision shall contain an order directing the property owner to abate such public nuisance on or before a specified date. A copy of the Decision shall be posted on the affected property and served by regular US Mail on the property owner as provided above. If the property owner fails to abate the public nuisance by the specified date contained in the Decision, the Fire Chief is authorized to cause the nuisance to be abated, and Fire Department employees, agents and contractors are expressly authorized to enter upon the affected property for that purpose. The Fire Chief shall keep an account of the abatement costs and shall prepare an itemized report concerning same. The rates and charges for such abatement shall be established by City Council Resolution. The cost of such abatement and related administrative costs, including any attorney time, shall constitute a nuisance abatement lien on the affected property as more particularly set forth in Government Code Section 38773.1, and a special assessment against the affected property which may be collected by the County Tax Collector as more particularly set forth in Government Code Section 38773.1. At least thirty (30) days prior to the recordation of the lien, or submission of the report to the County Tax Collector for collection of a special assessment, the property owner shall receive notice from the Fire Department of the Fire Department's intention to charge the property owner for the aforementioned abatement and related administrative costs. The property owner may appeal to the Fire Chief within fifteen (15) days of the date of the notice and request a hearing prior to the recordation of the lien or submission of the report to the County Tax Collector for collection of the special -15- assessment. The decision by the Fire Chief shall be final. In addition to the foregoing, the Fire Department is authorized to prosecute a civil action to collect such abatement costs from the property owner or other person in possession or control of the affected property. Appendix II -C, Section 6.2.1 is amended to read as follows: 6.2.1. General. Portions of floats more than one hundred fifty feet (150') from fire apparatus access and marine motor vehicle fuel -dispensing stations shall be equipped with an approved wet standpipe system in accordance with the Building Code. 4.08.130 Enforcement and Penalties. A. In addition to the enforcement powers and/or remedies provided in this chapter, the Fire Chief and the Chief Building Official/Fire Marshal shall have the power to enforce the provisions of this chapter as provided in Chapters 1.40, 1.42, 1.44, and 1.46. B. The violations of the Fire Code as adopted in this chapter are misdemeanors/infractions and are subject to the penalties set forth in Section 1.42.010 of the San Rafael Municipal Code. C. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue and all such persons shall be required to correct or remedy such violations or defects within a reasonable time and, when not otherwise specified each day that a violation occurs or continues, after a final notice has been delivered shall constitute a separate offense. The application of both penalties shall not be held to prevent the enforced correction of prohibited conditions. D. Nothing contained in Subsections A through C of this Section shall be construed or interpreted to prevent the City from recovering all costs associated with a Fire Department response as described in Section 101.5.2 of the Fire Code. E. Any violation of any provision of this chapter shall constitute a public nuisance, and shall entitle the City to collect the costs of abatement and related administrative costs, by a code enforcement assessment lien and special assessment pursuant to Section 1.46.160 of the San Rafael Municipal Code, or by a nuisance abatement lien and special assessment pursuant to Government Code Sections 38773.1 and 38773.5. Prior to recordation of such a lien or processing such a request for special assessment, the City shall give written notice to the record owner of the affected property. In addition, the City shall be entitled to collect such abatement costs and related administrative costs, together with litigation costs and attorneys' fees, in a civil action pursuant in Section 1.42.020 of the San Rafael Municipal Code. 4.08.140 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 -16- penalty or response costs and expense. The appeal shall be in writing and filed with the Fire Chief, and shall include a copy of the bill and statement of the grounds for appeal. The Fire Chief shall conduct an administrative hearing on the appeal, after giving the appellant at least ten (10) days' advance written notice of the time and place of the hearing. Within ten (10) days after the hearing, the Hearing Officer shall give written notice of the decision to the appellant, which decision shall be final. If the appeal is denied in part or full, all amounts due shall be paid within thirty (30) days after the mailing of the notice of the decision of the Hearing Officer. B. Whenever the 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 brush or vegetative growth from structures as outlined in Item 16.2 of Appendix II -A of the Fire Code, as amended in Section 4.08.120 of this code, or to matters for which an appeal is provided pursuant to 4.08.140(A) above. DIVISION 2. 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: I. Climatic conditions a. Most 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 occasional off -shore hot, dry, Santa -Anna winds. b. 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 -17- II. Geoloaic conditions a. San Rafael lies near several earthquake faults, including the very active San 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. III. Topographic conditions a. 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 areas, 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. More specifically, the above modified building standards are listed below with the corresponding climatic, geological or topographical condition which necessitates the modification. Section Number Climatic, geological and topographical condition 316 la, Ila, Ilb, [Ila, IIIb 503.1.5 la, Ib, Ila, Ilia 505.1 la, Ila, Ilia 506.1 la, Ila, Ilb 508.5.1.1 la, Ilia 510.1.1 la, Ila, Ilb, Ilia 903.2 la, Ila, Illa,lllb 907.2.2.1 la, Ilia 907.2.10.5.3 (a) la, Ila, Ilia 1013.1 Ib, Ila 1026.6 Ila, Ilb 1027.5.2 la, Ila, Ilb, IIIb 3404.3.3.11 la, Ila, IIIb App. II -A, Sec. 7 la, Ilia App. II -C, Sec. 6.2.1 la, Ilia, IIIb M DIVISION 3. All former Ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance codified in this chapter or the Code hereby adopted are hereby repealed. DIVISION 4. 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 5. A Summary of this Ordinance shall be published and a certified copy of the full text of this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the Council Meeting at which it is adopted. This Ordinance shall be in full force and effective on January 1, 2008, and the Summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the names of the Councilmembers voting for or against same, in the Marin Independent Journal, a newspaper of general circulation published in the City of San Rafael, County of Marin, State of California. Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for and against the Ordinance. ?qtg //� ALBERT J. IVR6, Mayor Attest: JEA NE M. LEONCI�City,lerk The foregoing Ordinance No. 1864 was read and introduced at a Regular meeting of the City Council of the City of San Rafael, held on the 5th day of November, 2007 and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro None None and will come up for adoption as an Ordinance of the City of San Rafael at a Regular meeting of the Council to be held on the 19th day of November, 2007. JEA E M. LEONCI I,City Clerk -19-