HomeMy WebLinkAboutOrdinance 1582 (Fire Code; 1988 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. 1582 entitled:
"AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 4 OF THE
MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, ADOPTING A UNIEORM 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
THEREFORE, AND DEFINING THEIR DUTIES AND POWERS (1988 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 FOURTH day of DECEMBER ,
19 39 , 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 EIGHTEENTH day of DECEMBER , 19 89
by the following vote, to wit:
AYES: COUNCILMEMBERS:Boro, Breiner, Shippey, Thayer & Mayor Mulryan
NOES: COUNCILMEMBERS:None
ABSENT: COUNCILMEMBERS:None
WITNESS my hand and the official seal
of the City of San Rafael this
Nineteenth day of December
89
JEAN h LEONCINI; City Clerk
ORDINANCE NO. 1582
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
(1988 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 Definitions.
4.08.030 Adoption of a Uniform Fire Code.
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 Uniform Fire Code 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 Definitions.
A. Whenever the word "jurisdiction" is used in the Uniform Fire
Code, it shall be held to mean the City of San Rafael.
B. Whenever the term "corporate counsel" is used in the Uniform
Fire Code, it shall be held to mean the City Attorney for the City of
San Rafael.
4.08.030 Adoption of the Uniform Fire Code. The City of San
Rafael hereby adopts that certain code known as the 1988 edition of the
Uniform Fire Code, including appendixes I -C, II -A, II -B, II -C, II -D, IV -
A, V-A, VI -A, recommended by the Western Fire Chiefs' Association and
the International Conference of Building Officials save and except such
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portions as are hereby deleted, modified or amended by Section 4.08.090
of this Ordinance. Not less than three copies of said code have been
and are filed in the office of the City Clerk of the City of San Rafael
and the same is hereby adopted and incorporated as if fully set forth
herein.
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. The Fire Marshal, in charge of the Fire Prevention Bureau,
shall be appointed by the Fire Chief.
C. The Fire Chief may appoint such members of the Fire
Department as inspectors as shall from time to time become necessary.
4.08.050 Establishment of Limits of Districts in Which Storaae
of Flammable or Combustible Liauids in Outside Above Ground Tanks is to
be Prohibited.
A. Except as provided in B. below the storage of flammable and
combustible liquids in outside above ground 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 P -C -M or M.
2. Districts designated as U providing that the surrounding
districts are P -C -M or M.
3. Districts designated as P -C, C-2, C-3 or U (if not covered
in 2. above) 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 Establishment of Limits in Which Bulk Storaae of
Liauefied Petroleum Gases is Restricted.
ORDINANCE NO. 1582
A. The storage of more than 500 gallons of liquefied petroleum
gas is hereby prohibited in all districts of the City except those
designated as P -C -M, M or those districts designated as U providing that
the surrounding districts are P -C -M or M.
B. The storage of more than 12,000 gallons of LPG is hereby
prohibited in all areas without specific approval of the Fire
Department.
C. The storage of any LPG in any residential district is
prohibited unless natural gas is unavailable.
4.08.070 Establishment of Limits in Which Storage of Explosives
and Blasting Accents are Prohibited. There shall be no storage of
explosives or blasting agents as set forth in Section 77.106(b) of the
Uniform Fire Code within the city limits.
4.08.080 New Materials, Process or Occupancies Which Mav Reauire
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 Uniform Fire Code. The Uniform
Fire Code is amended and changed in the following respects:
Section 2.101 of Article 2 is hereby amended to read as follows:
Section 2.101 Responsibility for Enforcement. 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 8
is amended and item 9 is added to read as follows:
B. 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.
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Section 2.108 of Article 2 is hereby amended by designating the
existing paragraph as subparagraph (a), and by adding subparagraph (b)
to read as follows:
Section 2.108(b). The expense of securing any incident that is
within the responsibility for enforcement of the chief as given in
Section 2.101 is 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 collectable 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 2.206 is hereby added to the Code to read as follows:
Section 2.206 New Construction or Alteration.
(a.) General. All construction or work for which fire
department approval is required shall be subject to inspection by the
chief and all such construction or work shall remain accessible and
exposed for inspection purposes until approved by the chief.
Approval as a result of an inspection shall not be construed to
be an approval of a violation of the provisions of this code or of other
ordinances of the jurisdiction. Inspections presuming to give authority
to violate or cancel the provisions of this code or of other ordinances
of the jurisdiction shall not be valid.
It shall be the duty of the permit applicant or contractor or
both to cause the work to remain accessible and exposed for inspection
purposes. Neither the chief nor the jurisdiction shall be liable for
expense entailed in the removal or replacement of any material required
to allow inspection.
(b) Inspection Requests. It shall be the duty of the person
doing the work authorized by a permit to notify the chief that such work
is ready for inspection. The chief may require that every request for
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inspection be filed at least one working day before such inspection is
desired. Such requests may be in writing or by telephone at the option
of the chief.
It shall be the duty of the person requesting any required
inspections to provide access to and means for proper inspection of such
work.
Section 2.304 of Article 2 is hereby amended by adding
subparagraph (c) to read as follows:
Section 2.304(c) Local Standards. The chief may promulgate local
standards to provide clarification or interpretation of this code. Said
standards are enforceable as though set forth herein.
Section 4.108 of Article 4 is hereby amended by adding permits
f.6. Fire Protection Systems and h.2. Hazardous Materials Sites to read
as follows:
f.6. Fire Protection Systems. For Permits for Fire Protection
Systems, see Section 10.301(8).
h.2. Hazardous Materials Sites. To investigate or remediate
sites contaminated or potentially contaminated with hazardous materials.
See Section 80.103.
Article 9.120 of Article 9 is hereby amended by adding the
definition of Required Fire Flow thereto.
Section 9.120(R). 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.
Section 9.122 of Article 9 is hereby amended by adding the
definition of temporary thereto.
Section 9.122(T). Temporary shall mean any use for a period of
less than 90 days.
Section 10.205(b) of Article 10 is hereby amended to read as
follows:
Section 10.205(b). No person except a public officer acting
within the scope of his public duties shall trespass upon any road or
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trail which has been closed and obstructed in the manner authorized by
this section without the express permission of the chief nor shall any
person park any vehicle so as to obstruct the entrance to or travelled
way of such road or trail. Any vehicle causing such an obstruction
shall be towed away at the owner's expense.
Section 10.209 of Article 10 is hereby amended by designating the
existing paragraph as subparagraph (a) and by adding subparagraphs (b)
and (c) to read as follows:
Section 10.209(b). 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 an approved key box system.
Section 10.209(c). All facilities that are required to submit
Hazardous Materials Business Plans shall have installed an approved key
box system for access to the facility and all buildings at the facility.
Section 10.210 is hereby added to the Code to read as follows:
Section 10.210. 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
provide for an emergency response team and shall designate an Emergency
Liaison Officer and other elements as approved by the Fire Department.
Section 10.301 of Article 10 is hereby amended by amending sub-
paragraph (e) and adding subparagraph (g) to read as follows:
Section 10.301(e). Timing of Installation. All required fire
protection facilities including fire hydrants and access roadways shall
be installed and made serviceable prior to and during the time of
construction. Blocking of fire protection facilities is hereby
prohibited.
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.
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Section 10.301(g). 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 10.306 of Article 10 is hereby amended by adding thereto
subparagraphs (i) and (j) to read as follows:
Section 10.306(1). Any structure with a calculated required fire
flow in excess of one thousand five hundred (1,500) gallons per minute
in the following categories shall have installed throughout an automatic
sprinkler system:
1. new buildings;
2. existing buildings with new construction exceeding 10% of
the gross floor area in any 12 month period.
Section 10.306(j). All public storage facilities.
Section 10.307 of Article 10 is hereby amended to read as
follows:
Section 10.307. Sprinkler System Alarms. The alarm from any
automatic fire sprinkler system shall transmit fire and tamper signals
to a Central Station 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 10.308 of Article 10 is hereby amended to read as
follows:
Section 10.308. 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 is retained without change.
Section 10.314 is hereby added to the Code to read as follows:
Roofing Materials
Section 10.314(a) New Roofs. All new roofs shall be a minimum
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Class C roof covering system which complies with Uniform Building Code
Standard 32-7.
(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, pressure
treated fire resistive wood shakes or shingles shall be used.
3. 50% or more replaced -- at the minimum, a Class C 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 11.101 of Article 11 is hereby amended by adding thereto
subparagraph (e) to read as follows:
Section 11.101(e). All burning within the City limits of the
City of San Rafael shall be in accordance with the regulations of the
Bay Area Air Quality Management District.
Section 11.105(d) of Article 11 is hereby amended to read as
follows:
Section 11.105(d). Incinerators shall be equipped and maintained
with a spark arrester constructed in a workman -like 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 11.210 is hereby added to the Code to read as follows:
Storage of Flammable and Combustible Liquids and Hazardous
Materials in Public Storage Facilities.
Section 11.210 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
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apply to new and existing public storage facilities.
Exception: Those quantities necessary for maintenance purposes
only by the facility management.
Section 14.104(b) 2.A. of Article 14 is hereby amended by adding
the following thereto:
The smoke detectors shall be placed in each office space that has
a non -rated opening on to the corridor.
Section 14.106(a) of Article 14 is hereby amended by adding a
sentence thereto to read as follows:
A Central Station approved by the Fire Department and a
nationally recognized testing laboratory shall cause to be issued and
the property owner shall maintain a testing and maintenance agreement
pursuant to local and nationally recognized standards.
Section 25.117 of Article 25 is hereby amended by adding thereto
a sentence to read as follows:
Personnel shall also perform, as required, emergency medical care
to the sick and injured._
Section 79.601(a) of Article 79 is amended by adding thereto the
following exception.
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 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
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shall not be used for tanks. For piping, see Section 79.708.
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).
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 79.1206 of Article 79 is amended to read as follows:
Section 79.1206. Parking and Garaging.
(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 the 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 79.1204(b) shall apply;
"(2) Stops for meals during the day or night, if the street is
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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:
11(1) Off a street, highway, avenue, or alley, more than five
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.
"(c) Garaging. Tank vehicles shall not be parked or garaged in
any buildings other than those specifically approved for such use by the
Chief."
Section 80.101. Scope. The purpose of this article is to
provide requirements for the prevention, control and mitigation of
dangerous conditions related to hazardous materials, provide the
requirement for the submittal, review, and acceptance of site
investigation and remediation on site 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 is hereby amended by adding a
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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 80.109 of Article 80 is hereby added to read as follows:
Section 80.109. Parking and Garaging. The parking and garaging
of vehicles used for the transportation of hazardous materials shall
comply with Section 79.1206 of this Code.
Section 80.301 of Article 80 is hereby amended by amending item
number 5. of subparagraph (a) to read as follows:
Section 80.301(a)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.
ii. Protection shall be in accordance with Section 79.603.
iii. Inventory Control shall be in accordance with Section
79.902(g).
iv. Testing shall be in accordance with Section 79.605.
V. Secondary containment shall be provided for all new
installations of underground tanks.
Section 80.304 of Article 80 is hereby amended by adding a
sentence thereto which shall read as follows: Secondary containment
shall be in accordance with Section 80.301(1).
Section 4.08.100. Penalties.
A. The following violations of the Uniform Fire Code as adopted
herein are misdemeanors and subject to the following misdemeanor
penalties.
1. Section 3.101 Unlawful Continuance of Hazard $500.00
2. Section 3.102 Noncompliance with Order or Notice 500.00
3. Section 3.103 Unlawful Use with Tag Affixed 500.00
4. Section 3.104 Unlawful Removal of Tag 500.00
B. All other violations of the Uniform Fire Code and any
amendments adopted herein are to be treated as infractions and to be set
at $80.00 total bail. Fines are forfeitable on first offense and
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mandatory appearance is required on second offense.
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 constitutes a separate offense. The
application of both penalties shall not be held to prevent the enforced
removal of prohibitive conditions.
4.08.110 ADDeals. 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 appealed.
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 go into effect and be in full
force and effect and in operation thirty days after its final passage.
LAWRENCE E. M �LRI.ayor
ATTEST:
J �. LEON I , City Clerk 13
ORDINANCE NO. 1582
The foregoing Ordinance No. 1582 was read and introduced
at a regular meeting of the City Council of the City of San Rafael
held on the 4th day of December, 1989, and ordered passed to print
by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Breiner, Shippey, Thayer & Mayor Mulryan
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 18th
day of December, 1989.
JEA E'M. LEONCINI, City erk
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