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HomeMy WebLinkAboutOrdinance 1692 (Adopt Fire Code; 1994 Edition)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, and Ex -officio Clerk of the Council of said City, do hereby certify that the foregoing Charter Ordinance No. 1692 entitled: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 4 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, ADOPTING A UNIFORM FIRE CODE (1994 EDITION) 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" 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 4th day of DECEMBER, 1995, a summary of Ordinance No. 1692 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 18th day of DECEMBER, 1995, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 21st day of DECEMBER, 1995. JEANN LEONCINI, City Clerk ORDINANCE NO. 1692 AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 4 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, ADOPTING A UNIFORM FIRE CODE AND 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 (1994 Edition) THE COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1. Title 4, Chapter 4.08 of the Municipal Code of the City of San Rafael is hereby amended to read as follows: CHAPTER 4.08. UNIFORM FIRE CODE Section 4.08.010 Purpose. 4.08.020 Adoption of a Uniform Fire Code. 4.08.030 Definitions. 4.08.040 Fire Prevention Bureau. 4.08.050 Authority to Arrest and Issue Citations. 4.08.060 Storage of Flammable and Combustible Liquids. 4.08.070 Bulk Storage of Liquefied Petroleum Gases. 4.08.080 Storage of Explosives and Blasting Agents. 4.08.090 Restrictions on Storage of Compressed Natural Gas. 4.08.100 New Materials, Process or Occupancies which may Require Permits. 4.08.110 Amendments to the Uniform Fire Code. 4.08.120 Penalties. 4.08.130 Appeals. 4.08.010 Purpose. The 1994 Uniform Fire Code as described in Section 4.08.020 is hereby 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 ordinance. 4.08.020 Adoption of the 1994 Uniform Fire Code. The City Council of the City of San Rafael hereby adopts that certain code known as the 1994 edition of the Uniform Fire Code, 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, hereinafter "1994 Uniform Fire Code," save and except such portions as are hereby deleted, modified or amended by Section 4.08.110 of this Ordinance. Not less than three copies of said code shall be maintained in the office of the City Clerk of the City of San Rafael. 1 � RIGIN' AL,e9" ORDINANCE NO. 1692 The City Council of the City of San Rafael is aware that the 1994 Uniform Fire Code contains both building standards and non -building standard maintenance regulations. It is the intent of the City Council of the City of San Rafael that the amendments in Section 4.08.110 of this Ordinance, if they apply to building standards, are equally applicable to all occupancies, as defined in Article 2 of the 1994 Uniform Fire Code, within the City of San Rafael, 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 of the City of San Rafael 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 below, the words used in this Ordinance and in the 1994 Uniform Fire Code shall have the meaning as defined in Article 2 of the 1994 Uniform Fire Code. B. The following words are defined. 1. CORPORATE COUNSEL shall mean the City Attorney for the City of San Rafael. 2. JURISDICTION shall mean the City of San Rafael. 3. 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. 4. REQUIRED FIRE FLOW shall mean 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 shall mean the renovation of any structure, which combined with any additions to the structure, affects a floor area which exceeds fifty percent of the existing floor area of the structure. When any structural changes are made in the building, 2 ORDINANCE NO. 1692 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 shall mean any use for a period of less than 90 days. 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 hereby 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 of the City of San Rafael 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 Authoritv 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 3 ORDINANCE NO. 1692 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 Storaae of Flammable or Combustible Liquids in Aboveground Tanks Outside of Buildinas. A. Pursuant to Sections 7902.2.2.1 and 7904.2.5.4.2 of the Uniform Fire Code, except as provided in B below, the storage of flammable and combustible liquids in outside aboveground tanks is hereby prohibited in all areas of the City. B. Providing storage is limited to 500 gallons of flammable liquids or 1,000 gallons of combustible liquids at any one site, such storage is permitted in 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. 3. Districts designated as GC, C/O, FBWC or PD (providing that they are commercial use) only if the tank is wholly encased within a vault built to standards developed by the Fire Department. C. Bulk plants for the storage of flammable or combustible liquids are hereby prohibited within the City. 4.08.070 Restrictions on the Storaae and Dispensina of Liauefied Petroleum Gases. A. Pursuant to Section 8204.2 of the Uniform Fire Code, except as provided in B below, the storage of liquefied petroleum gas is hereby prohibited in all areas of the City. B. Storage, limited to 500 gallons of liquefied petroleum gas at any one site, is permitted in 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. 3. Districts designated as GC, C/O, FBWC or PD (providing 4 ORDINANCE NO. 1692 that they are commercial use) only if the tank is wholly encased with a two hour fire protective coating to standards developed by the Fire Department. C. The storage of any LPG 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 hereby prohibited in all districts of the City, except such dispensing is permitted in 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. 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 will be able to relocate their facilities with the express permission of the Chief and the City Council. 4.08.080 The Storage of Explosives and Blastina Aaents within Citv 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 Storacre 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, LI/0 or CCI/0. 2. Districts designated as PD providing that they are industrial use in nature. 0 ORDINANCE NO. 1692 4.08.100 New Materials, Process 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 1994 Uniform Fire Code. The 1994 Uniform Fire Code is amended and changed in the following respects: Section 101.5 of Article 1 of the 1994 Uniform Fire Code is hereby 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 1994 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 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 of Article 1 of the 1994 Uniform Fire Code is hereby amended to read as follows: N ORDINANCE NO. 1692 Section 103.2.1.1. Authority for Enforcement. The Chief is authorized to administer and enforce this Code. Under the Chief's 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 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 of Article 1 of the 1994 Uniform Fire Code is hereby amended by adding the following sentence thereto: Section 105.3 Application for Permit. 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 of Article 1 of the 1994 Uniform Fire Code 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 1994 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 1994 Uniform Fire Code. Section 901.3 of Article 9 of the 1994 Uniform Fire Code is hereby amended by adding a paragraph thereto to read as follows: Section 901.3 Timing of Installation. 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. Section 902.2.4.1 of Article 9 of the 1994 Uniform Fire Code is hereby amended by adding a sentence thereto to read as follows: 7 ORDINANCE NO. 1692 Section 902.2.4.1 General. Any vehicle causing such an obstruction shall be towed away at the owner's expense. Section 902.4 of Article 9 of the 1994 Uniform Fire Code is hereby amended by designating the existing section as Subsection 902.4.1 with a heading, and by adding Subsections 902.4.2 and 902.4.3 to read as follows: Rey Boxes Section 902.4.1 General. 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 box system approved by the Chief. Exception: Single family dwellings. Section 902.4.3 Facilities with Hazardous Materials. All facilities that are required to submit Hazardous Materials Business Plans shall have installed a key box system approved by the Chief for access to the facility and all buildings at the facility. Section 903.4.2 of Article 9 of the 1994 Uniform Fire Code is hereby amended by adding a section to read as follows: Section 903.4.2 Required Installation. 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 4 1/2 inch outlet and one 2 1/2 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 1001.5.1 of Article 10 of the 1994 Uniform Fire Code is hereby amended by adding the following sentences thereto to read as follows: Section 1001.5.1 General. 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 ORDINANCE NO. 1692 systems. Section 1001 of Article 10 of the 1994 Uniform Fire Code is hereby amended by adding Subsection 1001.11 to read as follows: Section 1001.11 Permits. A permit is required for all fire alarm systems, fire hydrant systems, fire extinguishing systems (including automatic sprinklers), wet and dry standpipes, basement inlet pipes and other fire -protection systems and appurtenances thereto. Section 1003.2 of Article 10 of the 1994 Uniform Fire Code is hereby 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. 2. In newly created, attached, second dwelling units which are defined as a substantial remodel in Section 4.08.030 of this Ordinance. 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: i. Buildings which are defined as a substantial remodel in Section 4.08.030 of this Ordinance. ii. Buildings in excess of 3,000 square feet which have more than 10% floor area added within any 12 -month period. iii. Exceptions: 1. 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. 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. 3. Group R, Division 3 occupancies where the "substantial remodel" is for repair purposes only. E ORDINANCE NO. 1692 Section 1003.3.1 of Article 10 of the 1994 Uniform Fire Code is hereby amended to read as follows: Section 1003.3.1 Where required. The alarm from any automatic fire sprinkler system shall transmit fire and tamper signals 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. Exception: Single family dwellings. Section 1003.4 of Article 10 of the 1994 Uniform Fire Code is hereby 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.] Section 1007.2.9.2 of Article 10 of the 1994 Uniform Fire Code is hereby amended by designating the existing section as Section 1007.2.9.2.1 and by adding Sections 1007.2.9.2.2 and 1007.2.9.2.3 to read as follows: Section 1007.2.9.2.1 Single Station Detectors. Section 1007.2.9.2.2 Existing Group R, Division 1 occupancies by January 7, 1995 shall have had installed approved single -station smoke detectors in every dwelling unit or guest room in accordance with the Building Code. The detectors shall take their primary source of power from the building wiring with no intervening switches other than required for overcurrent protection. Section 1007.2.9.2.3 The owner and/or operator of every Group R, Division 1 occupancy shall provide the Chief with written documentation annually that the smoke detectors installed pursuant to the Building Code or this section have been tested and are operational. If detectors are found to be inoperable or are missing, 10 ORDINANCE NO. 1692 such detectors shall be repaired or replaced immediately. Section 1007.2.12.6 of Article 10 of the 1994 Uniform Fire Code is hereby 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 of Article 10 of the 1994 Uniform Fire Code is hereby amended by adding the following thereto to read as follows: Section 1007.3.1 Design Standards. 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 of Article 10 of the 1994 Uniform Fire Code is hereby 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 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 of Article 11 of the 1994 Uniform Fire Code is hereby amended by deleting the last sentence and substituting the following sentence in its place to read as follows: Section 1102.2.2 Construction. 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 11 ORDINANCE NO. 1692 flue openings adequately supported to prevent movement and visible from the ground. Section 1115 is hereby added to Article 11 of the 1994 Uniform Fire Code to read as follows: Roofing Materials Section 1115.1 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 1115.2 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 1115.3 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 1116 is hereby added to Article 11 of the 1994 Uniform Fire Code to read as follows: Public Storage Facilities. 12 ORDINANCE NO. 1692 Section 1116.1 Automatic Fire -Extinguishing System. All public storage facilities shall be provided with an automatic fire sprinkler system. Section 1116.2 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 1116.3 Fire Apparatus Access Roads. All public storage facilities shall have fire apparatus access roads provided in accordance with Section 902.2 of the 1994 Uniform Fire Code. Section 1116.4 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 1303.1 of the 1994 Uniform Fire Code 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 2501.19 of Article 25 of the 1994 Uniform Fire Code is hereby amended by adding thereto a sentence to read as follows: Section 2501.19 Personnel shall also perform, as required, emergency medical care to the sick and injured. 13 ORDINANCE NO. 1692 Section 5204.2 of Article 52 of the 1994 Uniform Fire Code is hereby 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 of Article 52 of the Uniform Fire Code is hereby 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 7902.6.3 of Article 79 of the 1994 Uniform Fire Code is amended by adding number 4 thereto. Section 7902.6.3 Location. 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 of Article 79 of the 1994 Uniform Fire Code is hereby 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 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 of the 1994 Uniform Fire Code. 14 ORDINANCE NO. 1692 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 1994 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 of Article 79 of the 1994 Uniform Fire Code 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 of Article 79 of the 1994 Uniform Fire Code is amended by amending Exception 2 to read as follows: Section 7904.6.5.2.2 Parking on Thoroughfares. Exception: 15 ORDINANCE NO. 1692 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 a public assembly, 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 of Article 79 of the 1994 Uniform Fire Code is hereby 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 is retained without change.] Section 8001.1.1 of Article 80 of the 1994 Uniform Fire Code is hereby 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 is retained without change.] Section 8001.3.1 of Article 80 of the 1994 Uniform Fire Code is hereby amended by adding a section to read as follows: Section 8001.3.1 General. 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 of Article 80 of the 1994 Uniform Fire Code is hereby amended by amending item number 5 of Subsection (b) to read as follows: Section 8001.4.5.1.1. General. Underground tanks used for the 16 ORDINANCE NO. 1692 storage of hazardous materials shall meet the following: a. Location shall be in accordance with Section 7902.6.3 of the 1994 Uniform Fire Code. b. Corrosion protection shall be in accordance with Section 7902.6.15 of the 1994 Uniform Fire Code. C. Inventory Control shall be in accordance with Section 7902.6.6 of the 1994 Uniform Fire Code. d. Testing shall be in accordance with Section 7902.6.16 of the 1994 Uniform Fire Code. Section 8001.15 of Article 80 of the 1994 Uniform Fire Code is hereby added to read as follows: Section 8001.15 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 of the 1994 Uniform Fire Code. Section 8003.4 of Article 80 of the 1994 Uniform Fire Code is hereby amended by adding a sentence thereto which shall read as follows: Section 8003.4 Flammable and Combustible Liquids. Secondary containment shall be in accordance with Section 8003.1.7.4 of the 1994 Uniform Fire Code. Section 9001 of Article 90 of the 1994 Uniform Fire Code is hereby amended by adding Subsection 9001.4 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 of the 1994 Uniform Fire Code. 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 17 ORDINANCE NO. 1692 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, of the 1994 Uniform Fire Code is hereby amended to read as follows: Appendix II -A, 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 premises located within 200 feet of hazardous fire areas, shall be provided with spark arresters conforming with Section 1102.2.2 of the 1994 Uniform Fire Code. Appendix II -A, Section 16.2, of the 1994 Uniform Fire Code, is hereby amended to read as follows: Appendix II -A, 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 ORDINANCE NO. 1692 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. Appendix II -A, Section 17 of the 1994 Uniform Fire Code is hereby amended by adding the following sentence thereto: Appendix II -A, 17. Clearance of Brush or Vegetative Growth from Roadways. Corrective action, if necessary, shall be in the same manner as Appendix II -A, Section 16.2. Appendix II -C, Section 6.2.1 of the 1994 Uniform Fire Code is hereby amended to read as follows: Appendix II -C, 6.2.1. General. Portions of floats more than 150 feet from fire apparatus access and marine motor vehicle fuel - 19 ORDINANCE NO. 1692 dispensing stations shall be equipped with an approved wet standpipe system in accordance with Uniform Building Code Standard 9-2 and Section 1004. [Balance of Section is retained without change.] 4.08.120 Penalties. A. The violations of the Uniform Fire Code as adopted herein are misdemeanors/infractions and are subject to the penalties set forth in Section 2.37.010 of the San Rafael Municipal Code. B. The first citation, within a 12 -month period, for violations of the Uniform Fire Code and any amendments adopted herein shall be treated as a Civil Penalty payable directly to the City of San Rafael and is set at $90 plus the actual costs of all inspections required to gain compliance at the rate set from time to time by the Fire Department. Said civil penalties shall be a debt owed to the City by the person responsible for the violation within thirty (30) days after the date of mailing of the citation unless an appeal is filed as provided in Section 4.08.110(A). Upon failure to pay the civil penalty when due, the responsible person shall be liable in a civil action brought by the City for such civil penalty and costs of the litigation, including reasonable attorney's fees. C. Any subsequent citations within a twelve (12) month period for any violations of the Uniform Fire Code and any amendments adopted herein shall be misdemeanors/infractions, and shall be subject to the penalties set forth in Section 2.37.010 of the San Rafael Municipal Code. D. 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. E. Nothing contained in Subsections A through D of this Section 20 ORDINANCE NO. 1692 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 1994 Uniform Fire Code. F. 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 nuisance abatement lien as more particularly set forth in Government Code Section 38773.1, and by special assessment to be collected by the County Tax Collector as more particularly set forth in Government Code Section 38773.5. At least thirty (30) days prior to recordation of the lien, or submission of the report to the Tax Collector for collection of this special assessment, the record owner shall receive notice from the Chief of the Department's intent to charge the property owner for all administrative costs associated with enforcement of this Ordinance and abatement of the nuisance. The notice shall include a summary of costs associated with enforcement of this Ordinance and abatement of the nuisance. The property owner may appeal the Chief's decision to the City Council within fifteen (15) days of the date of the notice and request a public hearing prior to recordation of the lien or submission of the report to the County Tax Collector for collection of the special assessment. 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, and shall be entitled to recover such abatement costs, together with the cost of litigation, including reasonable attorney's fees. The provisions of this section shall not apply to corrective actions for the clearance of brush or vegetative growth from structures as outlined in Section 16.2 of Appendix II -A of the 1994 Uniform Fire Code as amended in Section 4.08.110 of this Code. 4.08.130 Appeals. A. Any person receiving a citation for a civil penalty pursuant to Subsection B of Section 4.08.120, or a bill for Fire Department response costs and expenses pursuant to Section 101.5.2 of the Uniform 21 ORDINANCE NO. 1692 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 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 of the City of San Rafael within 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 1994 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 22 ORDINANCE NO. 1692 phrases shall be declared invalid. DIVISION 4. 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 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 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. AIBER�!,V . BORO, Mayor Attest: JEAUE—M. LEONCINI, City Clerk The foregoing Ordinance No. 1692 was read and introduced at a Reaular meeting of the City Council of the City of San Rafael, held on the 4th day of DECEMBER , 1995, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Phillips, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Heller and will come up for adoption as an Ordinance of the City of San Rafael at a Reaular meeting of the Council to be held on the 18th day of DECEMBER , 1995. � � A. r. JEAWE-�M. LEONCINI, City Clerk 23