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HomeMy WebLinkAboutOrdinance 1640 (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. 1640 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 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 (1991 Edition)" 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 16th day of NOVEMBER, 1992, 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 7th day of DECEMBER. 1992, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official seal of the City of San Rafael this 8th day of DECEMBER, 1992. JEANLEONCINI, City Clerk ORDINANCE NO. 1640 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 (1991 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 Storage of Flammable and Combustible Liquids. 4.08.060 Bulk Storage of Liquefied Petroleum Gases. 4.08.070 Storage of Explosives and Blasting Agents. 4.08.080 Permits. 4.08.090 Amendments to the Uniform Fire Code. 4.08.100 Penalties. 4.08.110 Appeals. 4.08.010 Purpose. The 1991 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 1991 Uniform Fire Code. The City Council of the City of San Rafael hereby adopts that certain code known as the 1991 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 Conference of Building Officials, and the Western Fire Chiefs' Association, hereinafter 111991 Uniform Fire Code", save and except such portions as are hereby deleted, modified or amended by Section 4.08.090 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. The City Council of the City of San Rafael is aware that the 1991 Uniform Fire Code contains both building standards and non -building ORIGINAL ORDINANCE NO. 1640 standard maintenance regulations. It is the intent of the City Council of the City of San Rafael that the amendments in Section 4.08.090 of this ordinance, if they apply to building standards, are equally applicable to all occupancies, as defined in Article 9 of the 1991 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 1991 Uniform Fire Code shall have the meaning as defined in Article 9 of the 1991 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 containers, 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, such as walls, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations, piles or 2 ORDINANCE NO. 1640 retaining walls or similar components, the floor area of all rooms affected by such changes shall be included in computing floor area 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 Restrictions on the Storaae of Flammable or Combustible Liauids in Abovearound Tanks Outside of Buildinas. A. 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/O, 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 3 ORDINANCE NO. 1640 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. 4.08.060 Restrictions on the Storage and Dispensina of Liquefied Petroleum Gases. A. 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. 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 ORDINANCE NO. 1640 4.08.070 The Storaae 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 77.107(a) of the Uniform Fire Code within City limits. 4.08.080 New Materials. Process or Occupancies Which Mav 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. 4.08.090 Amendments Made to the 1991 Uniform Fire Code. The 1991 Uniform Fire Code is amended and changed in the following respects: Section 2.101 of Article 2 of the 1991 Uniform Fire Code is hereby amended to read as follows: Authority for Enforcement Section 2.101. The Chief shall be responsible for the administration and enforcement of this Code. Under his direction, the Fire Department shall 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 (h) is amended and item (i) is added to read as follows:] (h) The investigation of the cause, origin and circumstances of fires and hazardous materials incidents. (i) The investigation and remediation of sites contaminated or potentially contaminated with hazardous materials. Section 2.109 of Article 2 of the 1991 Uniform Fire Code is hereby amended by designating the existing paragraph as subparagraph (a), with a new heading and by adding subparagraph (b) to read as follows: Section 2.109. (a) Liability of the Chief. Section 2.109. (b) Liability of Persons Causing a Fire Department Response. The expense of a Fire Department Response (incident) that is within the responsibility for enforcement of the 5 ORDINANCE NO. 1640 Chief as given in Section 2.101 of the 1991 Uniform Fire Code shall be a charge against the person who caused the incident. Damages and expenses incurred by any public agency having jurisdiction or any public agency assisting the agency having jurisdiction shall constitute a debt of such person and shall be collectible by the Chief for proper distribution in the same manner as in the case of an obligation under contract expressed or implied. Expenses as stated above shall include, but not be limited to, equipment and personnel committed, and any payments required by the public agency to outside business firms requested by the public agency, to secure, investigate and monitor remediation and clean up of the incident. Section 2.304 of Article 2 of the 1991 Uniform Fire Code is hereby amended by adding subparagraph (c) to read as follows: Section 2.304. (c) 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 9.114 of the 1991 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 designed and constructed in accordance with an industry code or engineering standard approved by a Nationally Recognized Testing Laboratory for the applicable use. Section 4.103 of Article 4 of the 1991 Uniform Fire Code is hereby amended by adding the following sentence thereto: Section 4.103. 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 4.108 of Article 4 of the 1991 Uniform Fire Code is hereby amended by adding permits f.6. Fire Protection Systems and h.4. M ORDINANCE NO. 1640 Hazardous Materials Sites to read as follows: f.6. Fire protection systems. For Permits for Fire Protection Systems, see Section 10.501(d) of the 1991 Uniform Fire Code . h.4. Hazardous materials sites. To investigate or remediate sites contaminated or potentially contaminated with hazardous materials. See Section 80.103 of the 1991 Uniform Fire Code . Section 10.106(c) of Article 10 of the 1991 Uniform Fire Code is hereby amended by adding a sentence thereto to read as follows: Section 10.106. (c) Obstruction. Any vehicle causing such an obstruction shall be towed away at the owner's expense. Section 10.108 is hereby added to Article 10 of the 1991 Uniform Fire Code to read as follows: Roofing Materials Section 10.108. (a) New Roofs. All new roofs shall be a minimum Class A roof covering system which complies with Uniform Building Code Standard 32-7. Exceptions may be granted by the Chief with the concurrence of the Building Official for agricultural or other applications. Section 10.108. (b) 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 32-7 shall be used. 4. In no case shall the roofing materials used be less fire resistive than the existing roof. Section 10.108. (c) 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 7 ORDINANCE NO. 1640 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 10.109 is hereby added to Article 10 of the 1991 Uniform Fire Code to read as follows: Public Storage Facilities. Section 10.109. (a) Automatic Fire -extinguishing System. All public storage facilities shall be provided with an automatic fire sprinkler system. Section 10.109. (b) 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 B, Division 2 occupancies. Section 10.109. (c) Fire Apparatus Access Roads. All public storage facilities shall have fire apparatus access roads provided in accordance with Article 10, Division II of the 1991 Uniform Fire Code . Section 10.109. (d) 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 10.110 is hereby added to Article 10 of the 1991 Uniform Fire Code to read as follows: Section 10.110. Emergency Response Plan. 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. The Plan shall N. ORDINANCE NO. 1640 provide for an emergency response team and shall designate an Emergency Liaison Officer and other provisions as approved by the Fire Department. Section 10.302 of Article 10 of the 1991 Uniform Fire Code is hereby amended by designating the existing paragraph as subparagraph (a), with a heading, and by adding subparagraphs (b) and (c) to read as follows: Rey Boxes Section 10.302. (a) General. Section 10.302. (b) Buildings with Fire Protection Systems. All buildings which have installed therein an 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 10.302. (c) 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 10.403 of Article 10 of the 1991 Uniform Fire Code is hereby amended by designating the existing paragraph as subparagraph (a), with a heading, and by adding subparagraph (b) to read as follows: Fire Hydrants Section 10.403. (a) General. Section 10.403. (b) New Additions to Structures. 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 and 1/2 inch outlet and one 2 and 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 10.501 of Article 10 of the 1991 Uniform Fire Code is hereby amended by adding subparagraph (d) to read as follows: Section 10.501(d). 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 ORDINANCE NO. 1640 pipes, and other fire -protection systems and appurtenances thereto. Section 10.502 of Article 10 of the 1991 Uniform Fire Code is hereby amended by adding a paragraph thereto to read as follows: Section 10.502. 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 10.504(a) of Article 10 of the 1991 Uniform Fire Code is hereby amended by adding the following sentences thereto to read as follows: Section 10.504. (a) 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 systems. Section 10.507 of Article 10 of the 1991 Uniform Fire Code is hereby amended by amending subsection (b), and by deleting subsections (c), (d), (e), (f), (g), and (h) to read as follows: Section 10.507. (b) All Occupancies and Facilities. An automatic fire sprinkler system shall be installed in all of the following: facility. 1. Every newly constructed, freestanding building or 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 3000 square feet which have more than 10% floor area added within any 12 month period. 10 ORDINANCE NO. --164n iii. Exceptions: 1. Freestanding Group M occupancies not more than 1000 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. Section 10.508 of Article 10 of the 1991 Uniform Fire Code is hereby amended to read as follows: Sprinkler System Supervision Alarms. Section 10.508. 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 10.509 of Article 10 of the 1991 Uniform Fire Code is hereby amended to read as follows: Permissible Sprinkler Omissions Section 10.509. 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 10.509 is retained without change.] Section 11.202(b) of Article 11 of the 1991 Uniform Fire Code is hereby amended by deleting the last sentence and substituting the following sentence in its place to read as follows: Section 11.202. (b) Construction. The spark arrester shall be constructed and maintained in a workman -like manner of stainless steel, aluminum, copper, brass, or woven galvanized wire mesh 19 gauge 11 ORDINANCE NO. 1640 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 14.103(b) of Article 14 of the 1991 Uniform Fire Code is hereby amended by adding the following thereto to read as follows: Section 14.103. (b) System Design. 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 systems shall be Central Station. 2. All other fire alarm systems shall be Local Alarm. Section 14.103(e) of Article 14 of the 1991 Uniform Fire Code is hereby amended to read as follows: Section 14.103. (e) 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. Section 14.104(c)4 of Article 14 of the 1991 Uniform Fire Code is hereby amended to read as follows: Section 14.104. (c) 4. Corridors in office uses. When corridors in an office use serve an occupant load of between 30 and 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 14.104(g)6. of Article 14 of the 1991 Uniform Fire Code is hereby amended by designating the existing paragraph as subparagraph (i) and by adding subparagraphs (ii) and (iii) to read as follows: Section 14.104. (g) 6. Single -station detectors. Section 14.104. (g) 6. (ii) Existing Group R, Division 1 occupancies, upon sale or transfer or within 2 years of the effective 12 ORDINANCE NO. 1640 date of this provision, whichever is earlier, shall have 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 14.104. (g) 6. (iii) 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, such detectors shall be repaired or replaced immediately. Section 14.108(a) of Article 14 of the 1991 Uniform Fire Code is hereby amended by adding the following sentence thereto to read as follows: Section 14.108. (a) General. The property owner shall continue the certificate required by Section 14.103(e) of the 1991 Uniform Fire Code at all times. Section 25.117 of Article 25 of the 1991 Uniform Fire Code is hereby amended by adding thereto a sentence to read as follows: Section 25.117. Personnel shall also perform, as required, emergency medical care to the sick and injured. Division III of Article 74 of the 1991 Uniform Fire Code is hereby added to read as follows: Article 74 Compressed Gases Division III Natural Gas Section 74.301. General. Compressed natural gas facilities shall comply with Nationally Recognized Standards and Standards developed by the Fire Department. Section 74.302. Location. 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/O, or CCI/0. 2. Districts designated as PD providing that they are industrial use in nature. Section 74.303. Quantity. Where permitted, the maximum stored 13 ORDINANCE NO. 1640 quantity of compressed natural gas at any one site shall not exceed 31,500 cubic feet. Section 79.601(a) of Article 79 of the 1991 Uniform Fire Code is amended by adding thereto the following exception. Section 79.601. (a) Location. Exception: The storage of flammable or combustible liquids used as motor vehicle fuels in above ground or underground storage tanks is prohibited in all residential districts. Section 79.605(c) of Article 79 of the 1991 Uniform Fire Code is hereby amended to read as follows: Section 79.605. (c) 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 79.708 of the 1991 Uniform Fire Code . 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 79.601(d) of the 1991 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. 14 ORDINANCE NO. 1640 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 79.1205 of Article 79 of the 1991 Uniform Fire Code is amended to read as follows: Section 79.1205. Parking. (a). Parking on Thoroughfare. 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. Exceptions: "(1) The necessary absence in connection with loading or unloading the vehicle, but during actual discharge for the vehicle, the provisions of Section 79.1203(b) of the 1991 Uniform Fire Code shall apply; "(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. 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; "(3) When, in case of accident or other emergency, the operator must leave to obtain assistance. "(b) Parking off Thoroughfare. A tank vehicle shall not be parked at any one point for longer than one hour. Exceptions: "(1) Off a street, highway, avenue, or alley, more than five 15 ORDINANCE NO. 1640 hundred (500) feet from any residential area, apartment or hotel complex, educational, public assembly, hospital or care facility; or at any other place that would, in the opinion of the Chief, present an extreme life hazard; "(2) Inside a bulk plant and twenty-five (25) feet from the property line or within a building approved for such use; "(3) At other approved locations not less than fifty (50) feet from any building except those approved for the storage or serving of such vehicle; "(4) When, in case of breakdown or other emergency, the operator must leave the vehicle to take necessary action to correct the emergency. Section 80.101 of Article 80 of the 1991 Uniform Fire Code is hereby amended to read as follows: Section 80.101. Scope. 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 80.103(a) of Article 80 of the 1991 Uniform Fire Code is hereby amended by adding a paragraph to read as follows: Section 80.103(a). 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 80.113 of Article 80 of the 1991 Uniform Fire Code is hereby added to read as follows: Section 80.113. Parking and Garaging. The parking and garaging of vehicles used for the transportation of hazardous materials shall comply with Sections 79.1205 and 1206 of the 1991 Uniform Fire Code. 16 ORDINANCE NO. 1640 Section 80.301 of Article 80 of the 1991 Uniform Fire Code is hereby amended by amending item number 5. of subparagraph (b) to read as follows: Section 80.301. (b) 5. Underground tanks. Underground tanks used for the storage of hazardous materials shall meet the following. i. Location shall be in accordance with Section 79.601 of the 1991 Uniform Fire Code. ii. Protection shall be in accordance with Section 79.603 of the 1991 Uniform Fire Code. iii. Inventory Control shall be in accordance with Section 79.902(f) of the 1991 Uniform Fire Code. iv. Testing shall be in accordance with Section 79.605 of the 1991 Uniform Fire Code. V. Secondary containment shall be provided for all new installations of underground tanks. Section 80.304 of Article 80 of the 1991 Uniform Fire Code is hereby amended by adding a sentence thereto which shall read as follows: Flammable and Combustible Liquids Section 80.304. Secondary containment shall be in accordance with Section 80.301(1) of the 1991 Uniform Fire Code. Appendix II -A, Item Number 7. of the 1991 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 11.202(b) of the 1991 Uniform Fire Code. Appendix II -A, Item Number 16. (b) of the 1991 Uniform Fire Code is hereby amended to read as follows: Appendix II -A, 16. (b) Corrective Actions. The City Council of the City of San Rafael hereby authorizes the Fire Marshal to give notice to the owner of the property upon which conditions regulated by Section 16 (a) exist to correct such conditions. Failure of the 17 ORDINANCE NO. 1640 property owner to correct such conditions is hereby declared a public nuisance. If the property owner fails to correct such conditions the City Council of the City of San Rafael hereby authorizes the Fire Marshal to cause the same to be done and make the expense of such correction and related administrative costs a nuisance abatement lien upon the property where such condition exists as more particularly set forth in Government Code Section 38773.1. Thirty (30) days prior to the recordation of the lien, the property owner shall receive notice from the Fire Marshal of the Fire Department's intention to charge the property owner for all administrative costs associated with enforcement of corrective actions for the clearance of brush or vegetative growth herein. The property owner may appeal the Fire Marshal's decision to the Chief within fifteen (15) days of the date of the notice and request a hearing prior to the recordation of the lien. The decision of the Chief shall be final. Appendix II -A, Item Number 17 of the 1991 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, Item Number 16. (b). Appendix II -C, Item Number 6. (b) of the 1991 Uniform Fire Code is hereby amended to read as follows: Appendix II -C, 6. (b) Standpipes. Portions of floats more than 150 feet from fire apparatus access and marine motor vehicle fuel - dispensing stations shall be equipped with fire -protection equipment in accordance with this section. Balance of Section is retained without change. Appendix V-A, Item Number 2. of the 1991 Uniform Fire Code is hereby amended by adding the following thereto: Appendix V-A, 2. Standards. National Fire Protection Association, NFPA National Fire Codes, Amendments. NFPA Pamphlet 13, Installation of Sprinkler Systems. The 1989 Edition shall be used in addition to standards developed by the Fire Department. ORDINANCE NO. 1640 NFPA Pamphlet 13D, Sprinkler Systems in One- and Two -Family Dwellings and Mobile Homes. The 1991 Edition shall be used in addition to standards developed by the Fire Department. NFPA Pamphlet 13R, Sprinkler Systems in Residential Occupancies up to and Including Four Stories in Height. The 1991 Edition shall be used in addition to standards developed by the Fire Department. Section 4.08.100. 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. 1. Section 3.101 Unlawful Continuance of Hazard 2. Section 3.102 Noncompliance with Order or Notice 3. Section 3.103 Unlawful Use with Tag Affixed 4. Section 3.104 Unlawful Removal of Tag B. The first citation for all other violations of the Uniform Fire Code and any amendments adopted herein not listed in Section 4.08.100. A. above are to be treated as a Civil Penalty payable directly to the City of San Rafael and is set at $90.00 plus the actual costs of all inspections required to gain compliance at the rate set annually by the Fire Department based on City of San Rafael Resolution Number 7553. C. Any subsequent citations for all violations of the Uniform Fire Code and amendments adopted herein not listed in Section 4.08.100. A. above are to be treated as misdemeanors/infractions and bail shall be set at a minimum of $90.00 or such bail as established by the Marin Municipal Court, whichever is greater. Fines are forfeitable on first violation and a mandatory appearance is required on second or subsequent violation. 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, 19 ORDINANCE NO. 1640 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 4.08.100 A - D herein shall be construed or interpreted to prevent the City from recovering all cost associated with a Fire Department response as described in Section 2.109(b) of the 1991 Uniform Fire Code. F. Any violation of any provision of this ordinance 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. Thirty (30) days prior to recordation of the lien, 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. 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(b) of Appendix II -A of the 1991 Uniform Fire code as amended in Section 4.08.090 of this code. 4.08.110 Appeals. Whenever the Chief shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the Code do not apply or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief to the City Council of the City of San Rafael within 10 days from the date of the decision. 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(b) of Appendix II -A of the 1991 Uniform Fire code as amended in Section 4.08.090 of this code. 20 ORDINANCE NO. 1640 DIVISION 2. All former ordinances or parts thereof conflicting or inconsistent with the provisions of this ordinance or the Code hereby adopted are hereby repealed. DIVISION 3. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this ordinance. The City Council of the City of San Rafael hereby declares that it would have adopted the ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases shall be declared invalid. DIVISION 4. This ordinance shall be published once, in full, before its final passage in a newspaper of general circulation, published and circulated in the City of San Rafael, and shall be in full force and effect and in operation thirty days after its final passage. '4 iI,BER OR , May,6r Attest: 'fit . J&4E M. LEONCIN, City C erk The foregoing Ordinance No. 1640 was read and introduced at a Reqular meeting of the City Council of the City of San Rafael, held on the 16th day of November , 1992, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Cohen, Shippey, Thayer & 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 7th Regular meeting of the Council to be held on the day of December , 1992. 21 JE M. LEONCI , City Clerk