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HomeMy WebLinkAboutOrdinance 1364 (Uniform Fire Code)CLERK'S CERTIFICATE I, JEANNE M. LEONCINI, City 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. 1364 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 UNIFORM FIRE CODE STANDARDS, PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE, EXPLOSION AND OTHER DANGERS, AND ESTABLISHING A BUREAU OF FIRE PREVENTION 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 19th day of February 1980, published as required by City Charter in the Independent -Journal a newspaper printed and published in the City of San Rafael and passed and adopted as an ordinance of said City at a rem»lar meeting of the City Council of said City held on the third day of March 0 1980, by the following vote, to wit: AYES: COUNCILMEMBERS:Breiner, Jensen, Miskimen, Nixon & NOES: COUNCILhIEMBERS :None Mayor Mulryan ABSENT: COUNCILMEDIBERS:None , WITNESS my hand and the official seal of the City of San Rafael this 5th day of March , 1980. JEUNVE_ hs. LEONCINI; City Cler ORDINANCE NO. 1364 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 UNIFORM FIRE CODE STANDARDS, PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE, EXPLOSION AND OTHER DANGERS, AND ESTAB- LISHING A BUREAU OF FIRE PREVENTION AND PROVIDING OFFICERS THEREFOR, AND DEFINING THEIR DUTIES AND POWERS THE COUNCIL OF THE CITY OF SAN RAFAEL DO ORDAIN AS FOLLOWS: DIVISION 1. Title 4, Chapter 4.08 of the Municipal Code of the City of San Rafael is hereby amended and shall read as follows: TITLE 4. UNIFORM FIRE CODE Section 4.08.010 Purpose. 4.08.020 Definitions. 4.08.030 Adoption of Uniform Fire Code. 4.08.040 Bureau of Fire Prevention. 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 Uniform Fire Code. 4.08.100 Penalties. 4.08.110 Appeals. 4.08.010 Purpose. The adoption of a Uniform Fire Code is for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, explosion, the storage of flammable liquids, bulk petroleum products, explosives and blasting agents, providing for certain permits and the penalties for violation of this ordinance and to provide a Bureau of Fire Prevention. 4.08.020 Definitions. A. Whenever the word "jurisdiction" is used in the Uniform Fire Code, it should be held to mean the City of San Rafael. B. Whenever the term "corporate counsel" is used in the Uniform Fire Code, it should be held to mean the City Attorney for the City of San Rafael. 4.08.030 Adoption of the Uniform Fire Code. City of San Rafael hereby adopts that certain code known as the Uniform Fire Code and Uniform Fire Code Standards, recommended by the Western Fire Chiefs' Association and the International Conference of Building Officials being particularly the 1979 Edition thereof save and except such portions as are hereby deleted, modified or amended by Section 4.08.090 of this Ordinance, of which Code not less than three copies have been and are now filed in the office of the Clerk of the City of San Rafael and the ORDINANCE NO.1364 same are hereby adopted and incorporated as fully set out at length herein and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the city limits of the City of San Rafael. 4.08.040 Establishment and Duties of Bureau of Fire Prevention. A. The Uniform Fire Code shall be enforced by the Bureau of Fire Pre- vention of the Fire Department of the City of San Rafael which is hereby established and which shall be operated under the supervision of the Fire Chief of the Fire Department. B. The Chief in charge of the Bureau of Fire Prevention shall be ap- pointed by the Fire Chief of the City of San Rafael. C. The Fire Chief of the Fire Department may detail 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 Storage of Flammable or Combustible Liquids in Outside Above Ground Tanks is to be Prohibited. A. The storage of flammable liquids in outside above ground tanks is hereby prohibited in all areas of the City; except those portions under Title 14 zoned P -C -M, P -C, C-2, C-3, M or U. In these zones the storage of combustible liquids in outside above ground tanks is subject to the limits referred to in Section 79.109 of the Uniform Fire Code. B. Bulk plants for flammable or cumbustible liquids are hereby pro- hibited within the City. 4.08.060 Establishment of Limits in Which Bulk Storage of Liquefied Petroleum Gases is to be Prohibited. The bulk storage of liquified petroleum gases is hereby prohibited in all areas of the City; except those portions under Title 14 zoned C-2, C-3 or M, and are subject to the limits referred to in Section 82.105(a) of the Uniform Fire Code. 4.08.070 Establishment of Limits of Districts in Which Storage of Explosives and Blasting Agents is to be 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 of the City of San Rafael. - 2 - ORDINANCE NO. 1364 4.08.080 New Materials, Process or Occupancies Which May Require Permits. The Fire Chief and the Chief of the Bureau of Fire Prevention shall act as a committee to 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 Chief of the Bureau of Fire Prevention 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 2.106 of Article 2, is hereby amended and shall read as follows: Section 2.106 Authority. "The Chief, members of the Fire Pre- vention Bureau and all members of the Department charged with enforcement of this code shall have the powers of a police officer while performing their duties under this code." Section 2.302 of Article 2, is hereby amended and shall read as follows: Section 2.302 Appeals. "Whenever the Chief of the Fire Department shall disapprove an applicant or refuse to grant a license or 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 wrongfully interpreted, the applicant may appeal from the decision of the Chief of the Fire Department to the City Council within 10 days from the date of the decision." Article 9 is hereby amended by adding thereto the following definitions: Section 9.103. Appliance is a device that is operated by electricity to perform a specific task. Section 9.103. Appliance Cord is wiring which is attached to the appliance in accordance with the manufacturer's design. Section 9.107. Electrical Hazard is any wiring, motor or appliance that is sparking, arcing, charring around receptacles or cords, smoking, heated insulation, or any other indications that an electrical shock or fire may be imminent. Section 9.107. Extension Cord is wiring of any length which has one male plug on one end and one or more female plugs on the other. - 3 - ORDINANCE NO. 1364 Section 9.115. Multi -Plug Adaptor is any device that plugs into a receptacle and allows that receptacle to supply power to move appliances than that for which it was originally designed, such as cube adaptors, strip plugs and multi -plug extension cords. Section 9.118. Permanent Wiring is any wiring or equipment affixed to a structure in accordance with the Electrical Code. Section 9.120. Receptacle is an electrical wall outlet designed for use with a plug or connector for the purpose of supplying electrical power to an appliance. Section 9.122. Temporary Wiring is any wiring or equipment which is used on a limited basis as determined by the chief, such as during construction or with any portable appliance in immediate use. Section 10.205(b) of Article 10. No person, except a public officer acting within the scope of his public duties, shall trespass upon any road or 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 traveled way of such road or trail. Any vehicle causing such obstruction will be towed away at the owner's expense. Section 10.301 of Article 10 is amended by adding thereto subparagraph (f) which shall read as follows: "(f) All buildings which have installed therein an automatic fire alarm system, automatic fire sprinkler system, or security gates shall have installed an approved key box system." Exception: Groups R, Division 3 and M occupancies. Section 10.307 of Article 10 is amended by adding thereto subparagraphs (e), (f), (g), (h), (i), and (j) which shall read as follows: "(e) Every new building constructed for non-residential occupancies over five thousand square feet in area but less than fifteen thousand square feet, as based on ground floor area, shall have installed therein an approved fire detection (products of combustion) system in accordance with standards for said system as established by the National Fire Protection Association. Said system must be connected to the fire alarm Headquarters of the City of San Rafael, as outlined in 'Rules & Regu- lations - Private Fire Alarm Connections', and the installation of said system must have prior approval of the Chief of the Fire Department of the City of San Rafael." ORDINANCE NO. 1364 "(f) No signal system or intercommunicating system used for any pur- pose other than fire warning meets the requirements of this article." "(g) The use of any existing building over ten thousand square feet in area without an automatic sprinkler system shall have installed therein an automatic fire detection (products of combustion) system, in accordance with standards for said system as established by the National Fire Protection Association, connected to the fire alarm Head- quarters of the City of San Rafael as outlined in 'Rules & Regulations - Private Alarm Connections', and the installation of said system must have prior approval of the Chief of the Fire Department of the City of San Rafael, on or before December 31, 1980." "(h) Those existing buildings or parts of existing buildings in which automatic sprinkler systems are installed shall have installed therein an alarm connected to fire alarm Headquarters at the City of San Rafael, as outlined in 'Rules & Regulations - Private Fire Alarm Connections', and the installation of said system must have prior approval of the Chief of the Fire Department of the City of San Rafael, on or before December 31, 1980." "(i) No single family dwelling or multiple family occupancy shall be sold and no structural change or repair of a value in excess of One Thousand Dollars ($1,000.00) shall be made thereto unless and until the structure has installed therein an approved fire detection product of combustion system, which has been approved by the Fire Marshal of State of California. The detectors shall be sensitive to any of the products of combustion except that detectors sensitive only to heat are not acceptable. Alarm signaling devices shall be clearly audible in all bedrooms when all intervening doors are closed. For the purpose of installation and maintenance, only the applicable sections of National Fire Protection Association No. 74, 'Standard for the Installation, Main- tenance, and Use of a Household Fire Warning System' shall be considered accepted engineering practices." "(j) No hotel as defined in Section 409 of the Uniform Building Code or as amended therein shall be sold, or otherwise transferred, construct- ed, or repaired, reconstructed or altered, within any twelve-month per- iod by more than $10,000 at one time, unless and until the building has installed therein an approved fire detection product of combustion system, - 5 - ORDINANCE NO. 1364 which has been approved by the Fire Marshal of the State of California. Detectors sensitive only to heat are not acceptable under the provisions herein. For the purposes of installation and maintenance, only the applicable sections of the National Fire Protection Association Pamphlets Nos. 71, 72A, 72B, 72C, 72D, - For Signaling Systems shall be considered accept- able practices. Detectors shall be transmitted to Fire Alarm Headquarters of the City of San Rafael in conformance with the Rules and Regulations - Private Fire Alarm Systems, Ordinance No. 1088. When, in the opinion of the Chief of the Fire Department, installation of said detector system in a hotel, as defined herein, is deemed unneces- sary because of the nature and type of building construction, layout, number of exits, or other factors which, in the judgment of the Chief, make the detector requirement unnecessary, the detector system require- ment may be omitted. In such cases, the Chief shall make written find- ings to support his decision." Section 10.314 is hereby added to Article 10. Section 10.314. Automatic Sprinkler System. "(a) Standard automatic sprinkler systems shall be installed through- out all buildings five or more stories in height, or 70 feet in height." "(b) A standard automatic sprinkler system shall be installed through- out all new non-residential buildings, fifteen thousand or more square feet, as based on ground floor areas, provided that, buildings of less than fifteen thousand square feet falling under the provisions of Chapter 38 of the Uniform Building Code may also be required to install such a system. "Standard automatic sprinkler systems may be omitted, with the approval of the Chief of the Fire Department of the City of San Rafael": "(i) In buildings or areas of buildings having occupancies with high value, noncombustible contents highly susceptible to water damage." "(ii) When, in the opinion of the Fire Chief, contents or processes are of such a particular nature, that the installation of a standard automatic sprinkler would cause damage to those contents or processes the sprinkler system may be omitted. "Provided, however, that those buildings or parts of buildings for - 6 - ORDINANCE NO. 1364 which the standard automatic sprinkler system requirements is excepted pursuant to this subsection shall be equipped with a fire detection (products of combustion) or extinguishing system of a tested and approved design. Installation of these systems shall be in conformance with the standards of the National Fire Protection Association Pamphlets 11 and 11A Foam. Extinguishing systems #12 and 12A Carbon Dioxide and Hallo- genated Extinguishing Systems, #17 - Dry Chemical Extinguishing Systems, and #71, 72A, 72C, 72D - For Signaling Systems." "(c) Installation, inspection, and maintenance of automatic sprinkler systems shall meet the standards of the National Fire Protection Associ- ation Pamphlet #13, and Uniform Building Code Standards 38-1 and 38-2. "(d) Alarms from required automatic sprinkler systems shall be trans- mitted to Fire Alarm Headquarters of the City of San Rafael in confor- mance with 'Rules and Regulations - Private Fire Alarm Systems Ordinance #1088.' "(e) No automatic sprinkler systems shall be installed without a permit issued by the Chief of the Fire Department. No occupancy of any building shall be approved until said system has been inspected and accepted as being in compliance with Paragraphs (b) and (c) above." Section 11.101 of Article 11 is hereby amended and shall read as follows: Section 11.101. Burning of Waste Material. "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 Control District." Section 11.404 of Article 11 is hereby deleted and repealed. Division V comprising eight (8) sections is hereby added to Article 11 relating to Electrical Wiring. Section 11.501. Abatement of Electrical Hazards. When any electri- cal hazard exists, immediate measures to abate such conditions shall be taken. All hazardous electrical conditions are to be brought to the attention of the Chief or his representative and the author- ity enforcing the Electrical Code shall be notified. Section 11.502. Hazardous Areas. Areas or rooms which may have flammable or explosive atmosphere shall comply with the Electrical Code for hazardous location. Section 11.503. Electrical Motor. All electrical motors shall be properly maintained in a clean manner; free from accumulations of oil, grease, dust and lint. - 7 - ORDINANCE NO. 1364 Section 11.504. Approved Electrical Appliances. All electrical appliances shall conform to the Electrical Code. No firm or person shall sell, offer for sale, rent, give, make available for use, dispose of by gift or premium, any electrical appliance unless it is approved. Section 11.505. Extension Cords. 11.505(a) Extension cords are prohibited for permanent use. 11.505(b) Extension cords are permitted only with portable ap- pliances while in immediate use in accordance with the following: 1. Each extension cord must plug directly into an approved receptacle outlet. 2. The size of the wire must be the same size, or larger, than the cord on the appliance. 3. Extension cords must be maintained in good condition without splices, deterioration, or damage. 4. Appliances requiring grounding shall be used only with grounded extension cords. 5. Extension cords and/or appliance cords shall not extend through or under walls, ceilings, floors, doors, windows, or floor coverings. Section 11.506. Multi -plug Adapters. The use of multi -plug adapters such as multi -plug extension cords, cube adapter, strip plugs or any other device that does not comply with this code or the Electrical Code is prohibited. Section 11.507. Installations. Installations of electrical motors, appliances or wiring shall be in accordance with the Electrical Code and the manufacturer's design. Section 11.508. Maintenance. It shall be unlawful to maintain any electrical motor, appliance, wiring or device in violation of this code or the Electrical Code. 1. A minimum of 36 inches of clearance is to be provided in front of electrical circuit panels. 2. All items covered in the scope of this division shall be maintained. 3. All wiring shall be secured in an approved manner. ORDINANCE NO. 1364 4. There shall be no visible damage to any electrical motor, appliance or wiring. Section 34.104 of Article 34 is hereby deleted and repealed. Section 79.702 of Article 79 is amended by adding thereto sub- paragraph (g): "(g) Testing of Underground Tanks and Piping. If loss of flam- mable liquid is evident from the records required in 79.702(F), or other indicators of a leak exist, the Fire Chief may order testing to be conducted on suspected tanks and piping. Such testing shall be in conformance with National Fire Protection Association, Standard #329 (Underground Leakage of Flammable or Com- bustible Liquids). Such tests shall be conducted at the expense of the owner, lessor, or other party having control over said system. If the required testing indicates that a leak has occurred and flammable or combustible liquids are present in the soil and are deemed by the Fire Chief to constitute a fire hazard, said party having control shall conduct the necessary mitigation measures, as per N.F.P.A. Standard #329, at their own expense." Section 79.211(a) of Article 79 is amended by adding thereto the exception: EXCEPTION: The storage of flammable or combustible liquids in underground or above ground storage tanks is prohibited in resi- dential districts. Section 80.103 of Article 80 is amended by adding subparagraph (f) to read as follows: "(f) Any person as defined in Section 9.118 of this code who fails to comply with this section and, in the opinion of the Fire Chief, such failure constitutes a fire, explosion or health hazard, said person shall conduct the necessary mitigation measures at their own expense." 4.08.100 Penalties. Any person who shall violate any of the provisions of this Code hereby adopted, or fail to comply herewith or who shall violate or fail to comply with any order made thereunder or who shall build in violation of the detailed statement of specifications or plans submitted and approved thereunder or any certificate or permit is- sued thereunder, and from which no appeal has been taken or who shall MOM ORDINANCE NO.1364 fail to comply with such an order as affirmed or modified by the City Council of the City of San Rafael or by a court of competent jurisdiction within the time provided by law, shall severally for each and every such violation and non-compliance respectively be guilty of a misdemeanor punishable by a fine of not less than $500.00 or by imprisonment for not less than six months, or by both such fine and imprisonment. The im- position 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 ten days that prohibitive conditions are maintained shall constitute a separate offense. The application of both penalties shall not be held to prevent the enforced removal of prohibitive conditions. 4.08.110 Appeals. Whenever the Chief shall disapprove an ap- plication 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 de- cision 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. - 10 - ORDINANCE NO. 1364 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. MULRYAN, Mayor Attest: �- J1WNE M. LEONCINI, 'tyClerk The foregoing Ordinance No. 1364 was read and introduced at a regular meeting of the City Council of the City of San Rafael, held on the 19th day of February , 1980, and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Jensen, Miskimen, Nixon & 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 3rd day of March , 1980. Ay . EANNE M. LEONCINI; City Clerk 27.1 B/1 - 15