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HomeMy WebLinkAboutOrdinance 1735 (Establish Fire Prevention Bureau)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. 1735 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING CHAPTER 4.08, OF THE SAN RAFAEL MUNICIPAL CODE, ADOPTING THE UNIFORM FIRE CODE, 1997 EDITION, WITH AMENDMENTS, AND PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE, EXPLOSION AND OTHER DANGERS, AND ESTABLISHING A FIRE PREVENTION BUREAU AND PROVIDING OFFICERS THEREFOR, AND DEFINING THEIR DUTIES AND POWERS" was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 3rd day of MAY, 1999, a summary of Ordinance No. 1735 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 17th day of MAY, 1999, 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 18th day of MAY, 1999 JEANit...o� A M. LEONCINI.ity Clerk ORDINANCE NO. 1735 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 4 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, ADOPTING THE UNIFORM FIRE CODE, 1997 EDITION, WITH AMENDMENTS, AND PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE, EXPLOSION AND OTHER DANGERS, AND ESTABLISHING A FIRE PREVENTION BUREAU AND PROVIDING OFFICERS THEREFOR, AND DEFINING THEIR DUTIES AND POWERS THE COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1. Title 4, Chapter 4.08 of the Municipal Code of the City of San Rafael is hereby amended to read as follows: CHAPTER 4.08. UNIFORM FIRE CODE, Sections: 4.08.010 Purpose. 4.08.020 Adoption of the Uniform Fire Code, 1997 Edition with Amendments. 4.08.030 Definitions. 4.08.040 Establishment and duties of a Fire Prevention Bureau. 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 New materials, processes or occupancies which may require permits. 4.08.110 Amendments made to the 1997 Uniform Fire Code. 4.08.120 Enforcement and Penalties. 4.08.130 Appeals. 4.08.010 Purpose. The 1997 Uniform Fire Code as described in Section 4.08.020 is adopted for the following purposes: 1. To prescribe regulations in order to protect life and property from fire, explosion, panic and other disasters; 2. To provide for permits as prescribed herein; 3. To establish and maintain a Fire Prevention Bureau; 4. To provide penalties for violations of this chapter. 4.08.020 Adoption of the Uniform Fire Code, 1997 Edition, with Amendments. The City Council adopts that certain code known as the Uniform Fire Code, 1997 Edition, including appendixes I -C, II -A, II -B, II -C, III -D, IV -A, V-A, VI -A, VI -B, VI -D, VI -E, of the International Fire Code Institute as amended by the California Building Standards Commission in the California Code of Regulations, Title 24, Part 9, hereinafter "Uniform Fire Code," save and except such portions as are deleted, modified or amended by Section 4.08.110 of this chapter. Not less than three (3) copies of said code shall be maintained by the office of the City Clerk. The City Council is aware that the Uniform Fire Code contains both building standards and non- building standard maintenance regulations. It is the intent of the City Council that the amendments in Section 4.08.110 of this chapter, if they apply to building standards, are equally applicable to all occupancies, as defined in Article 2 of the Uniform Fire Code, within the City, notwithstanding whether the buildings are regulated by the office of the State Fire Marshal (whose regulations are known as the California Fire Code) or are locally regulated by the City. Further, it is the intent of the City Council that any amendments made to sections of the Uniform Fire Code that are republication of the Uniform Building Code are amendments to the appropriate sections of the Uniform Building Code as well. 4.08.030 Definitions. A. Except as words are defined in subsection B of this section, the words used in this chapter and in the 1997 Uniform Fire Code shall have the meaning as defined in Article 2 of the 1997 Uniform Fire Code. B. The following words are defined. 1. "Corporate counsel' means the City Attorney for the City of San Rafael. 2. "Jurisdiction" means the City of San Rafael. 3. "Public storage facility" means any business that sells, leases or rents space to the public that is enclosed, whether it is a building, storage container or similar configuration. 4. "Required fire flow" means the quantity of water required for firefighting purposes as determined by the Guide for Determination of Required Fire Flow, 1974 Edition, published by the Insurance Services Office and related standards developed by the Fire Department. 5. "Substantial remodel" means the renovation of any structure, which combined with any additions to the structure, affects a floor area which exceeds fifty percent (50%) of the existing floor area of the structure. When any structural changes E 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. 6. "Temporary" means any use for a period of less than ninety (90) days. 7. "Uniform Fire Code" means the Uniform Fire Code, 1997 Edition, promulgated by the International Fire Code Institute, with the amendments adopted by the California Building Standards Commission and published in the California Code of Regulations, Title 24, Part 9. 4.08.040 Establishment and duties of a Fire Prevention Bureau. A. The Uniform Fire Code shall be enforced by the Fire Prevention Bureau of the Fire Department which is established and which shall be operated under the direction and supervision of the Fire Chief. B. Pursuant to Sections 13143.5 and 13146 of the State Health and Safety Code, it is the intent of the City Council that the Fire Prevention Bureau of the Fire Department shall enforce all of the building standards and regulations herein adopted and all regulations of the office of the State Fire Marshal. C. The Fire Marshal, in charge of the Fire Prevention Bureau, shall be appointed by the Fire Chief. D. The Fire Chief may appoint such members of the Fire Department as Inspectors as shall from time to time become necessary. 4.08.050 Authority to arrest and issue citations. A. The Fire Chief, Division Chiefs, Chief Officers, Fire Marshal, Deputy Fire Marshal, and Fire Prevention Bureau Inspectors shall have authority to arrest or to cite any person who violates any provision of this chapter involving the Uniform Fire Code or the California Building Standards Code regulations relating to fire and panic safety as adopted by the State Fire Marshal, in the manner provided for the arrest or release on citation and notice to appear with respect to misdemeanors or infractions, as prescribed by Chapters 5, 5c and 5d of Title 3, Part 2 of the California Penal Code, including Section 853.6, or as the same hereafter may be amended. B. It is the intent of the City Council that the immunities 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 7902.2.2.1 and 7904.2.5.4.2 of the Uniform 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. G1 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 Uniform 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 Fire Chief to increase 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 City. 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 Restrictions on the storage and dispensing of liquefied petroleum gases. A. Pursuant to Section 8204.2 of the Uniform Fire Code, except as provided in subsection B of this section, the storage of liquefied petroleum gas is prohibited in all areas of the City. B. Storage, limited to one thousand (1,000) gallons of liquefied petroleum gas 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 liquefied petroleum gas may be permitted at any one site provided that the liquefied petroleum gas storage tank system is protected in a manner approved by the Fire Chief: 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 Fire Chief. 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 liquefied petroleum gas 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; 4 3. Limited quantities only when used in conjunction with construction projects for which a building permit has been issued; 4. Existing bulk LPG facilities shall be able to continue their use and will be able to relocate their facilities with the express permission of the 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. 4.08.080 The storage of explosives and blasting agents within City Limits is prohibited. There shall be no storage of explosives or blasting agents as set forth in Section 7701.7.2 of the Uniform Fire Code within City Limits. 4.08.090 Restrictions on storage of compressed natural gas. Pursuant to Section 5204.5.2 of the Uniform Fire Code, compressed natural gas facilities are prohibited in all areas of the City except the following districts as defined in Title 14 of the Municipal Code: 1. Districts designated as I, 1-I/0 or CCI/0; 2. Districts designated as PD providing that they are industrial use in nature. 4.08.100 New materials, processes or occupancies which may require permits. The Fire Chief and the Fire Marshal shall jointly determine and specify, after giving affected persons an opportunity to be heard, any new materials, process or occupancies which shall require permits in addition to those now enumerated in said code. The Fire Marshal shall post such list in a conspicuous place in his office and distribute copies thereof to interested persons. 4.08.110 Amendments made to the Uniform Fire Code. The Uniform Fire Code is amended and changed in the following respects: Section 101.5 is amended by designating the existing paragraph as Section 101.5.1 with a new heading and by adding a new Section 101.5.2 to read as follows: Section 101.5.1 Liability of the Chief. Section 101.5.2 Liability of Persons Causing a Fire Department Response. The costs and expenses of a Fire Department Response (incident) that is within the responsibility for enforcement of the Chief as provided in Section 103.2.1.1 of the 1997 Uniform Fire Code, shall be a debt owed to the City by the person who caused the incident. Such response costs and expenses shall include, but not be limited to, Fire Department equipment and personnel committed to the incident, and any payments made by the City to outside business firms to secure, investigate, and monitor remediation and clean up of the incident. The City shall compute and bill the responsible party for such 5 response costs and expenses, with payment due within thirty (30) days following the mailing of the bill, unless an appeal is filed as provided in Section 4.08.130 (A). Upon failure to pay the response costs and expenses when due, the responsible person shall be liable, in a civil action brought by the City, for such response costs and expenses, and costs of the litigation, including reasonable attorneys fees. Section 103.2.1.1 is amended to read as follows: Section 103.2.1.1. Authority for Enforcement. The Chief is authorized to administer and enforce this Code. Under the Chiefs direction, the Fire Department is authorized to enforce all Ordinances of the jurisdiction and the laws of the State and Federal governments pertaining to: Balance of Section 103.2.1.1 is retained without change except that Item (8) is amended and Item (9) is added to read as follows: 8. The investigation of the cause, origin and circumstances of fires and hazardous materials incidents. 9. The investigation and remediation of sites contaminated or potentially contaminated with hazardous materials. Section 105.3 is amended by adding the following sentence thereto: The person actually maintaining, storing, using or handling permitted materials or conducting processes, producing hazardous conditions, or installing equipment shall apply for the permit. Section 105.8 is hereby amended by adding permits f.6. Fire Protection Systems and h.4. Hazardous Materials Sites to read as follows: f.6. Fire Protection Systems. For permits for Fire Protection Systems, see Section 1001.11 of the 1997 Uniform Fire Code. h.4. Hazardous Materials Sites. To investigate or remediate sites contaminated or potentially contaminated with hazardous materials. See Section 8001.3.1 of the 1997 Uniform Fire Code. Section 901.3 is amended by adding a paragraph thereto to read as follows: Failure to comply with this section upon written or verbal notice from the Chief shall result in a Fire Department order to cease operations and desist further operations until such time as adequate access and/or water for fire protection is provided. A Section 902.2.1 is amended by adding a sentence thereto to read as follows: In addition, if the building is 3 or more stories or 35 feet (10 670mm) in height, approved access roads for ladder truck operations shall be provided within the necessary operational distances as specified by the chief. Balance of Section 902.2.1 is retained without change. Section 902.2.4.1 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 902.2.4.3 is added to read as follows: 902.2.4.3 Prohibition on Vehicular Parking on Private Accessways. If, in the judgment of the Chief, it is necessary to prohibit vehicular parking along private accessways serving existing facilities, buildings, or portions of buildings in order to keep them clear and unobstructed for fire apparatus access, the 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 to the effect that parking is prohibited by Order of the Fire Department. It shall thereafter 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 accessway contrary to such markings or signs. Any vehicle so parked in the private accessway may be towed away at the expense of the owner of the vehicle. Section 902.4 is amended by amending the heading, amending the existing section as Subsection 902.4.1 as follows, and by adding Subsections 902.4.2 and 902.4.3 to read as follows: Key Entry Systems Section 902.4.1 General. When access to or within a structure or an area is unduly difficult because of secured openings or where immediate access is necessary for life-saving or firefighting purposes, the chief is authorized to require a key entry system to be installed in an accessible location. The key entry system shall be of an approved type and if it is a box shall contain keys necessary to gain access as required by the chief. r� Section 902.4.2 Buildings with Fire Protection Systems. All buildings which have installed therein automatic supervised products of combustion fire detection and alarm system, automatic fire sprinkler system or security gate shall have installed a key entry system approved by the Chief. Exception: Single family dwellings are excepted if only required due to a detection or sprinkler system. Section 902.4.3 Facilities with Hazardous Materials. All facilities that are required to submit Hazardous Materials Business Plans shall have installed a key entry system approved by the Chief for access to the facility and all buildings at the facility. Section 903.4.2 is amended by adding a paragraph thereto and an exception, to read as follows: When additions to structures are made, the nearest fire hydrant (if a new fire hydrant is not required) shall be upgraded to the minimum standard of one 41/2 inch outlet and one 21/2 inch outlet. Exception: If the cost of upgrading the fire hydrant exceeds 2% of the cost of the project based on the building permit valuation. Section 1001.3 is amended by renumbering the existing section as 1001.3.1 to read as follows, and by adding a new section 1001.3.2: Section 1001.3.1 Plans and Permits. A permit, from the Fire Department is required and Balance of Section 1001.3 is retained without change. Section 1001.3.2 Expiration. Every permit issued under the provisions of this code shall expire by limitation and become null and void if the work authorized by such permit is not commenced within 180 days from the date of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced and thereafter no substantial work as authorized by such permit occurs for a period of 180 days. Before such work can be recommenced, a new permit shall be first obtained to do so, and the fee therefor shall be one half the amount required for a new permit for such work, provided no changes have been made to the original plans and specifications, and further provided that the suspension or abandonment has not exceeded one year. Otherwise, to renew action on an expired permit, the permittee shall pay a new full permit fee. Any permittee holding an unexpired permit may apply for an extension of time within which work may commence under the permit when the permittee is unable LV to commence work within the time required by this section for good and satisfactory reasons. The chief may extend the time for action by the permittee for a period not exceeding 180 days on written request of the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. Section 1001.5.1 is amended by adding the following sentences thereto to read as follows: The Chief shall be notified, in writing, of the condition of all systems, whether they are inoperative, deficient or certified within 30 days of any test or inspection by any concern licensed by the Office of the State Fire Marshal. This section shall also apply to residential fire sprinkler systems. Section 1003.2 is amended by amending Section 1003.2.2 and by deleting Sections 1003.2.3, 1003.2.4, 1003.2.5, 1003.2.6, 1003.2.7 and 1003.2.8 to read as follows: Section 1003.2.2 All Occupancies and Facilities. An automatic fire sprinkler system shall be installed in all of the following: 1. Every newly constructed, freestanding building or facility. Exception: Freestanding Group U occupancies not more than 1,000 square feet and provided with exterior wall and opening protection as per Table 5-A of the Building Code. 2. In newly created, attached, second dwelling units which are defined as a substantial remodel in Section 4.08.030 of this Code. 3. In all other existing buildings, sprinkler systems may be required by the Chief with the concurrence of the Building Official in accordance with the following: L Buildings which are defined as a substantial remodel in Section 4.08.030 of this Code. ii. Buildings in excess of 3,000 square feet which have more than 10% floor area added within any 12 -month period. Exceptions: 1. Group R, Division 3 occupancies not in the hazardous fire area and with the available fire flow from the nearest fire hydrant greater than the required fire flow. 9 2. Group R, Division 3 occupancies where the "substantial remodel" is for repair purposes only. 4. In all residential buildings required to be sprinklered above, attached garages shall also be sprinklered, and in multi -family residential occupancies the attics shall be sprinklered. 5. 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 sections 505.3, 506, and 508 of the Uniform Building Code. Section 1003.3.1 is amended to read as follows: Section 1003.3.1 Where required. All valves controlling the water supply for automatic sprinkler systems and water -flow switches on all sprinkler systems shall be electrically monitored. Valve monitoring, water -flow, and trouble signals shall be distinctly different and shall be automatically transmitted to a Central Station which has been approved by the Fire Department and a nationally recognized testing laboratory in accordance with standards developed by the Fire Department. The Central Station shall cause to be issued and the property owner shall maintain a serially numbered central station fire alarm certificate from a nationally recognized testing laboratory. In multiple story buildings each floor shall have a separate monitored water -flow switch. Exceptions: 1. Underground key or hub valves in roadway boxes provided by the municipality or public utility need not be monitored. 2. Single family dwellings. Section 1003.4 is amended to read as follows: Section 1003.4 Permissible Sprinkler Omissions. Subject to the approval of the Fire Chief, and with the installation of alternative means of protection, sprinklers may be omitted in rooms or areas as follows: Balance of Section 1003.4 is retained without change. follows: Section 1006.2.1 is amended by adding a paragraph thereto to read as 10 When any existing establishment that requires a Fire -extinguishing system does not have a system that is currently listed, that system shall be removed and a new listed system shall be installed, if there is a change in appliances and a change of ownership of the establishment. Section 1006.2.7 is amended to read as follows: Section 1006.2.7 Portable fire extinguishers. In all locations, including existing ones, a portable fire extinguisher having a minimum rating of 40-B:K shall be installed within 30 feet (9144 mm) of commercial food heat -processing equipment, as measured along an unobstructed path of travel, in accordance with UFC Standard 10-1. In .existing locations the effective date for having the K rating on the fire extinguisher is two years from the effective date of this Ordinance. Section 1007.2.12.6 is amended to read as follows: Section 1007.2.12.6 Corridors in Office Uses. When corridors in an -. office use serve an occupant load of between 30-100, inclusive, and are not one- hour fire resistive construction with 20 -minute rated doors, an automatic smoke detection system shall be provided in each office space that has non -rated openings on to the corridor and in "open -office" areas. Section 1007.3.1 is amended by adding a paragraph to read as follows: Fire alarm systems shall also meet the following: 1. Fire sprinkler alarms and fire alarm systems installed to reduce fire flow so as not to require an automatic fire sprinkler system shall be Central Station. 2. All other fire alarm systems shall be local alarm. Section 1007.3.4.2 is amended to read as follows: Section 1007.3.4.2 Certification. All fire alarm systems shall have a certificate issued by a nationally recognized testing laboratory indicating that the system meets the standards of the laboratory and that it was installed in accordance with approved plans and specifications. The certificate shall be requested and obtained by a company that is on a list of approved vendors maintained by the Fire Department. The property owner shall continue the certificate at all times. Section 1102.2.2 is amended by deleting the last sentence and substituting the following sentence in its place to read as follows: 11 The spark arrester shall be constructed and maintained in a workmanlike manner of stainless steel, aluminum, copper, brass or woven galvanized wire mesh 19 -gauge minimum with 3/8" minimum to 1/2" maximum opening mounted over all outside flue openings adequately supported to prevent movement and visible from the ground. Section 1114 is added to read as follows: SECTION 1114 --ROOFING MATERIALS Section 1114.1 New Roofs. All new roofs shall be a minimum Class A roof covering system which complies with Uniform Building Code Standard 15-2. Exceptions may be granted by the Chief with the concurrence of the Building Official for agricultural or other applications. Section 1114.2 Existing Roofs. When roofs are repaired or replaced, the fire rating of all roofing materials shall be as follows based on the percentage of the replacement area in any 12 -month period. 1. Less than 25% replaced—No requirement. 2. 25% to less than 50% replaced—at the minimum, a Class C roof covering system. 3. 50% or more replaced—a Class A roofing system, which complies with Uniform Building Code Standard 15-2, shall be used. 4. In no case shall the roofing materials used be less fire resistive than the existing roof. Section 1114.3 All Roofs. All roofs covered by this section shall also meet the following provisions. 1. The installer of the roof covering shall provide written certification of the roof covering classification to the building owner and the Building Department. The installer shall also install the roof covering in accordance with the manufacturer's listing and the written certification shall indicate such. 2. The roofing material shall have passed a minimum 10 -year accelerated weather test approved by a testing laboratory recognized by the State Fire Marshal. Section 1115 is added to read as follows: 12 SECTION 1115 -- PUBLIC STORAGE FACILITIES. Section 1115.1 Automatic Fire -Extinguishing System. All public storage facilities shall be provided with an automatic fire sprinkler system. Section 1115.2 Location on Property and Fire Resistance of Exterior. All public storage facilities shall meet the minimum requirements for setback from property lines or fire resistive construction as set forth in Table 5-A of the Uniform Building Code for Group F, Division 1 occupancies. Section 1115.3 Fire Apparatus Access Roads. All public storage facilities shall have fire apparatus access roads provided in accordance with Section 902.2. Section 1115.4 Storage of Flammable and Combustible Liquids and Hazardous Materials. The storage of hazardous materials or flammable or combustible liquids in public storage facilities is prohibited. Such facilities shall post legible and durable sign(s) to indicate same in a manner and location(s) as specified by the Chief. This section shall apply to new and existing public storage facilities. Exception: Only those quantities of flammable and combustible liquids necessary for maintenance of the facility may be stored by the facility management. Section 1202.1 is amended by adding a paragraph to read as follows: Buildings, portions of buildings, or occupancies with over 100 occupant load shall meet the requirements of sections 1211 and 1212 with regards to egress illumination and identification upon a change of ownership. Section 1303.1 is amended to read as follows: Section 1303.1. General. In occupancies of a hazardous nature, where access for fire apparatus is unduly difficult, or where special life and fire safety hazards exist as determined by standards of the Fire Department, that occupancy shall be required to develop and implement an Emergency Response Plan, provide for an Emergency Response Team, Emergency Liaison Officer, staff training and fire drills in accordance with Section 1303 and standards developed by the Fire Department. Section 2501.18 is amended by adding thereto a sentence to read as follows: Personnel shall also perform, as required, emergency medical care to the sick and injured. 13 Section 5204.2 is amended to read as follows: Section 5204.2 Standards. Compressed natural gas, motor vehicle fuel - dispensing operations and facilities shall be in accordance with Uniform Fire Code Standard 52.1, Nationally Recognized Standards and Standards developed by the Fire Department. Section 5204.5.2 is amended to read as follows: Section 5204.5.2 Minimum CapaCity within Established Limits. Within the limits established by law restricting the storage of CNG for the protection of heavily populated or congested commercial areas, the aggregate capaCity of any one installation shall not exceed 45,750 cubic feet (1 295 494 L). Section 7901.7.4 is amended to read as follows: Section 7901.7.4 Site assessment. In the event of a spill, leak or discharge from a tank system, a site assessment shall be completed by the owner or operator of such tank system if the chief determines that a potential fire, explosion or environmental hazard exists. Such site assessments shall be conducted to ascertain potential hazards and shall be completed and submitted to the Fire Department within a time period established by the chief not to exceed 30 days. Section 7902.2.10 is added to read as follows: Section 7902.2.10 Underground piping of aboveground tanks. All piping from aboveground tanks that is buried under the ground shall comply with Sections 7902.6.11 through and including 7902.6.16 of this code. Section 7902.4.4 is added to read as follows: Section 7902.4.4 Underground piping of aboveground tanks. All piping from aboveground tanks that is buried under the ground shall comply with Sections 7902.6.11 through and including 7902.6.16 of this code. Section 7902.6.3 is amended by adding number 4 thereto. 4. The storage of flammable or combustible liquids used as motor vehicle fuels in underground storage tanks is prohibited in all residential districts. Section 7902.6.16.3 is amended to read as follows: Section 7902.6.16.3 Existing Tanks and Piping. Existing underground storage tanks and piping shall be tested for leakage at the owner's or operator's 14 expense when the Chief has reasonable cause to believe a leak exists. Testing shall be performed in conformance with the Nationally recognized standards and the owners or operators shall provide the Chief with data setting forth the method of testing that is to be used and shall submit the name of a qualified individual who will conduct the test. Such testing shall consider the effects of temperature, pressure and other variables and shall establish conclusively whether the tank or piping is leaking. Pneumatic testing shall not be used for tanks. For piping, see Section 7901.11.10. Devices used for final testing of tanks shall be capable of detecting leaks as small as 0.05 gallon per hour. For leaking tanks, see Section 7902.6.8 of the 1997 Uniform Fire Code. When required by the Chief, such tests shall be conducted in the presence of the Chief, and if they are not done so, will not be accepted as valid test results. The dispenser unit for the tank and piping that is believed to be leaking shall not be used until such time as the tests are satisfactorily completed. If the tanks and piping are not tested within the time specified by the Chief, or if the testing indicates that a leak has occurred, the tanks shall be emptied until approved for further use by the Chief or removed or abandoned in accordance with this Code. If the required testing indicates that a leak has occurred and there are flammable, combustible or hazardous liquids present in the soil, and deemed by the Chief to constitute a fire or environmental hazard, the party having control shall conduct the necessary mitigation measures as required by local, state or Federal laws and nationally recognized standards approved by the Chief. Section 7904.6.5.2.1 is amended to read as follows: Section 7904.6.5.2.1 Parking Near Residential, Educational, Assembly and Institutional Occupancies and Other High Rise Areas. A tank vehicle shall not be left unattended on any residential street; nor in or within five hundred (500) feet of any residential area, apartment or hotel complex, educational, public assembly, hospital or care facility at any time; or at any other place that would, in the opinion of the Chief present an extreme life hazard. In locations other than those specified in above, a driver shall not leave a tank vehicle unattended on any street, highway, avenue or alley. Section 7904.6.5.2.2 is amended by amending Exception 2 to read as follows: 15 2. Stops for meals during the day or night, if the street is well -lighted at the point of parking and the tank vehicle is visible from the place of dining. The vehicle location shall be in accordance with Section 7904.6.5.2.1. If the restaurant is an assembly occupancy, the vehicle may be at one hundred and fifty (150) feet instead of the five hundred (500) feet stated above; Section 7904.6.5.2.3 is amended to read as follows: Section 7904.6.5.2.3 Durations Exceeding One Hour. Tank vehicles parked at any one point for longer than one hour shall be located off of streets, highways, avenues or alleys in accordance with the distance provisions of Section 7904.6.5.2.1, and Balance of Section 7904.6.5.2.3. is retained without change. Section 8001.1.1 is amended to read as follows: Section 8001.1.1 General. The purpose of this article is to provide requirements for the prevention, control and mitigation of dangerous conditions related to the storage, dispensing, use and handling of hazardous materials, provide the requirement for the submittal, review and acceptance of site investigation and remediation on sites contaminated or possibly contaminated with hazardous materials and to provide information needed by emergency response personnel. Balance of Section 8001.1.1 is retained without change. Section 8001.3.1 is amended by adding a paragraph to read as follows: No person, firm or corporation shall investigate or remediate a site that has been or has potentially been contaminated with hazardous materials without first obtaining a permit. Section 8001.4.5.1.1 is hereby amended to read as follows: Section 8001.4.5.1.1. General. Underground tanks used for the storage of hazardous materials shall meet the following: a. Location shall be in accordance with Section 7902.6.3. b. Corrosion protection shall be in accordance with Section 7902.6.15. c. Inventory Control shall be in accordance with Section 7902.6.6. d. Testing shall be in accordance with Section 7902.6.16. 16 Section 8001.5.2.6 is hereby added to read as follows: Section 8001.5.2.6 Site assessment. When there has been an unauthorized discharge of hazardous materials, a site assessment shall be conducted in accordance with Section 7901.7.4. Section 8001.17 is added to read as follows: Section 8001.17 Parking and Garaging. The parking and garaging of vehicles used for the transportation of hazardous materials shall comply with Sections 7904.6.5 and 7904.6.6. Section 8003.4 is amended by adding a sentence thereto which shall read as follows: Secondary containment shall be in accordance with Section 8003.1.3.3. Section 9001.4 is hereby added to read as follows: Section 9001.4 Nationally Recognized Listed Products. Any installation of products and equipment due to permits required by this code shall be Listed and Labeled, as defined in Section 213. Exceptions: 1. Those products where no listing category exists by a Nationally Recognized Testing Laboratory. 2. Those products where, although a listing category exists, no companies have obtained a listing on the specific product. 3. Those products where only one company is listed. 4. If any of the above exceptions apply, the product shall be designed and constructed in accordance with an industry code or engineering standard approved by a nationally recognized testing laboratory for the applicable use. Appendix II -A, Section 7, is amended to read as follows: SECTION 7 -- SPARK ARRESTERS. Chimneys used in conjunction with fireplaces, barbecues, incinerators or heating appliances in which solid or liquid fuel is used, upon buildings, structures or 17 premises located within 200 feet of hazardous fire areas, shall be provided with spark arresters conforming with Section 1102.2.2. 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 Chief determines that there is substantial evidence of a failure to comply with Section 16.1, he shall cause a written Notice of Hearing to be posted on the affected property, and to be served by Certified Mail on the property owner at the address shown on the county assessor records. Said Notice of Hearing shall specify the conditions violating Section 16.1, and the date, time and place at which the Chief will hear evidence from the property owner and all interested persons on the existence of a public nuisance on the affected property. The hearing date shall be scheduled no sooner than 10 days following posting and service of the Notice of Hearing. Following the hearing, the Hearing Officer shall render a written Decision, which shall be final. If the Hearing Officer finds that a public nuisance does exist, the Decision shall contain an order directing the property owner to abate such public nuisance on or before a specified date. A copy of the Decision shall be posted on the affected property and served by Certified Mail on the property owner as provided above. If the property owner fails to abate the public nuisance by the specified date contained in the Decision, the Chief is authorized to cause the nuisance to be abated, and Fire Department employees, agents and contractors are expressly authorized to enter upon the affected property for that purpose. The Fire Marshal shall keep an account of the abatement costs and shall prepare an itemized report concerning same. The rates and charges for such abatement shall be established by City Council Resolution. The cost of such abatement and related administrative costs, including any attorney time, shall constitute a nuisance abatement lien on the affected property as more particularly set forth in Government Code Section 38773.1, and a special assessment against the affected property which may be collected by the County Tax Collector as more particularly set forth in Government Code Section 38773.1. At least thirty (30) days prior to the recordation of the lien, or submission of the report to the County Tax Collector for collection of a special assessment, the property owner shall receive notice from the Fire Marshal of the Fire Department's intention to charge the property owner for the aforementioned abatement and related administrative costs. The property owner may appeal from the Fire Marshal's decision to the Fire Chief within fifteen (15) days of the date of the notice and request a hearing prior to the recordation of the lien or submission of the report to the County Tax Collector for collection of the special assessment. The decision by the Fire Chief shall be final. In addition to the foregoing, the Fire Department is authorized to prosecute a civil action to collect such abatement costs from the property owner or other person in possession or control of the affected property. im Appendix II -A, Section 17 is amended by adding the following sentence thereto: Corrective action, if necessary, shall be in the same manner as Appendix II -A, Section 16.2. Appendix II -C, Section 6.2.1 is amended to read as follows: 6.2.1. General. Portions of floats more than 150 feet from fire apparatus access and marine motor vehicle fuel -dispensing stations shall be equipped with an approved wet standpipe system in accordance with Uniform Building Code Standard 9-2 and Section 1004. 4.08.120 Enforcement and Penalties. A. In addition to the enforcement powers and/or remedies provided in this chapter, the Chief 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 Uniform 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 cost associated with a Fire Department response as described in Section 101.5.2 of the Uniform 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. 4.08.130 Appeals. A. Any person receiving a bill for Fire Department response costs and expenses pursuant to Section 101.5.2 of the Uniform Fire Code, may file within thirty (30) days after the date of mailing the citation or bill, an administrative appeal against imposition of the civil penalty or response costs and expense. The appeal shall be in writing and filed with the Fire Chief, and shall include a copy of the bill and statement of 19 the grounds for appeal. The Fire Chief shall conduct an administrative hearing on the appeal, after giving the appellant at least ten (10) days' advance written notice of the time and place of the hearing. Within ten (10) days after the hearing, the Hearing Officer shall give written notice of the decision to the appellant, which decision shall be final. If the appeal is denied in part or full, all amounts due shall be paid within thirty (30) days after the mailing of the notice of the decision of the Hearing Officer. B. Whenever the chief shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the chief to the City Council 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 Uniform Fire Code, as amended in Section 4.08.110 of this code, or to matters for which an appeal is provided pursuant to 4.08.120(A) above. DIVISION 2. All former Ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance or the Code hereby adopted are hereby repealed. DIVISION 3. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council of the City of San Rafael hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases shall be declared invalid. DIVISION 4. Health And Safety Code sections 17958.5, 17958.7, and 18941.5 require that findings be made in order to exceed the requirements found in the California Building Standards Code based on local climatic, geologic, or topographic conditions. Some of the amendments to the Uniform Fire Code made by the City of San Rafael include provisions that are more restrictive than the 1998 California Building Standards Code (Title 24, Part 9). Therefor, the San Rafael City Council hereby finds that these more restrictive provisions in the Uniform Fire Code are reasonably necessary because of the following local climatic, geological and topographical conditions: I. Climatic conditions a. Because most of the annual rainfall in San Rafael occurs during the winter, the summer months bring on a pseudo drought condition every year. The lack of summer rain combined with hot, windy days create conditions that could dangerously spread fires. 20 b. Because most of the annual rainfall in San Rafael occurs during the winter, and because some portions of San Rafael are subject to tidal influences, there are times that flooding conditions may restrict the Fire Department's ability to respond to fires. II. Geologic conditions a. Because San Rafael lies near several earthquake faults, there are significant potential hazards such as road closures (resulting from landslides or Highway 101 failure), fires, collapsed buildings and isolation of residents requiring assistance. b. Because San Rafael is the major economic center of Marin County and is situated along the Highway 101 corridor, traffic congestion can create conditions that may restrict the Fire Department's ability to respond to fires. III. Topographic conditions Because much of San Rafael is located in hilly areas, there can be conditions which may limit the ability of the Fire Department to respond to and contain fires such as steepness of grade, narrow and winding roads, and water supplies. Health and Safety Code Section 17958.7 further requires that the modification or change be expressly marked and identified as to which each finding refers. Therefore, the San Rafael City Council finds that the following table provides code sections, that have been modified in Division 1, Section 4.08.110 of this Ordinance, which are building standards as defined in Health and Safety Code Section 18909, and the associated referenced conditions for modification due to the local climatic, geological and topographical reasons. Section Number 1003.2.3 1003.3.1 1006.2.1 1007.2.12.6 1007.3.1 1102.2.2 1114 1115 1202.1 App. II -A, Sec. 7 App. II -C, Sec. 6.2.1 Local climatic, geological and topographical condition la, lb, Ila, Ilb, Ill Ib, Ila, Ilb Ila, Ilb Ila, Ilb Ila, Ilb la, lb, Ila, Ilb, Ill la, Ilb, Ill Ib, Ila, Ilb Ib, Ila, Ilb la, lb, Ila, Ilb, Ill Ib, Ila, Ilb 21 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 effect thirty (30) days after its final passage, and the summary of this Ordinance shall be published within fifteen (15) days after the adoption, together with the names of the Councilmembers voting for or against same, in the 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. N -•10 Attest: JE NE M. LEONCI I, City Clerk The foregoing Ordinance No. 1735 was read and introduced at a Regular meeting of the City Council of the City of San Rafael, held on the 3`d day of May, 1999 and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips, and 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 council to be held on the 17th day of May, 1999. JEPME M. LEONCINI, City Clerk