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HomeMy WebLinkAboutFD Fire Code Amendment 2013 First ReadingDepartment: Fire Prepared by: Christopher Gra Agenda Item No: 3 * f Meeting Date: November 18, 2013 US1 0 1 0411''1111 a City Manager Approva SUBJECT: Proposed Ordinance of the City of San Rafael amending Title 4 of the Municipal Code of City of San Rafael, by adopting the 2013 California Fire Code and the 2012 International Fire Code, with amendments. Introduction of the proposed Ordinance and setting a public hearing date for adoption. RECOMMENDATION: Staff recommends that the City Council introduce the Ordinance and set the public hearing for adoption of the 2013 California Fire Code and the 2012 International Fire Code, with local amendments, for December 2, 2013. BACKGROUND: The proposed Ordinance adopts the latest version of the California Code of Regulations Title 24 fire code; specifically, the 2013 California Fire Code and the 2012 International Fire Code, with local amendments. State law mandates that the fire code become effective statewide on January 1, 2014, with or without local amendments. The public hearing is scheduled for the second reading of the Ordinance at the next regularly scheduled meeting of the City Council, since the Ordinance is adopting the 2013 California Fire Code and the 2012 International Fire Code by reference, per Government Code Sections 50022.1 through 50022.11. ANALYSIS: Title 24 the California Fire Code is typically published on a three-year cycle. The California Building Standards Commission publishes the tri -annual code and State law mandates that this code become effective throughout California 180 days after the publication date. This is done in order to fostei uniformity in fire prevention and construction standards statewide. Local jurisdictions are permitted to amend the published codes based on local climatic, geological, or topographical conditions. Most proposed local amendments were carried over from previous years. New amendments were added to recognize the California Residential Code; to further clarify the authority and responsibilities of the Fire Chief related to the administration and enforcement of the Fire Code; to clarify that fires are prohibited in City Parks and Opens space areas, except where a Fire Permit -is issued; to prohibit smoking in the Park, and Open space areas; to provide for reimbursement for City expenses in the event that the Fire Chief must ate corrective action in order to abate a hazardous condition and to provide authority for shared resources with neighboring jurisdictions; and, to more closely align the San Rafael Fire Code with the codes of the other jurisdictions within Marin County. Specific findings are listed for these local amendments in Division 2 of the Ordinance. ENVIRONMENTAL REVIEW: It has been determined that the ordinance amendments are covered by the 'general rule' that the California Environmental Quality Act (CEQA) applies only to projects which have the potential to cause a significant physical environmental impact. Pursuant to CEQA Section 15061 (b)(3), the Ordinance amendments are not subject to environmental review. Ffle No.: &e CouncH Meefing: '14sposition: FISCAL IMPACT: No fiscal impact to the City is anticipated since this only involves an update to the Fire Code with local amendments. However, the intent of prohibiting fires and smoking in the Parks and Open space areas is for the purpose of fire prevention. An uncontrolled fire in a Park or Open space area has 'the potential for a catastrophic loss resulting in an unknown fiscal impact for the community. OPTIONS: The City Council can introduce the Ordinance and set the public hearing for adoption of the 2013 California Fire Code and the 2012 International Fire Code, with local amendments, for December 2, 2013. Should the City Council decide not to adopt the Ordinance the 2013 California Fire Code will become effective on January 1, 2014, without the recommended local amendments. ACTION REQUIRED: Introduce the Ordinance and set the public hearing on adoption of the 2013 California Fire Code and the 2012 International Fire Code, with local amendments, for December 2, 2013. Ends. *RDINANCE NO. ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 4 OF THE MUNICIPAL CODE OF THE CITY OF SAN RAFAEL, BY AMENDING CHAPTER 4.08 THERETO, ADOPTING THE CALIFORNIA FIRE CODE, 2013 EDITION, AND THE INTERNATIONAL FIRE CODE, 2012 EDITION, WITH AMENDMENTS; ADOPTING ENFORCEMENT, PENALTY AND APPEALS PROVISIONS FOR SUCH CODES; AND ADOPTING FINDINGS OF FACT SUPPORTING THE AMENDMENTS TO SUCH CODES I H M AM N Ilk efflillii��-ii DIVISION 1. Title 4, Chapter 4.08 of the Municipal Code of the City of Sar. Rafael is hereby amended to read as follows: CHAPTER 4.08. FIRE CODE Sections: 4.08.010 Purpose. 4.08.020 Adoption of the California Fire Code, 2013 Edition and the International Fire Code, 2012 Edition, with Amendments. 4.08.030 Definitions. 4.08.040 Administer and Enforcement of the Fire Code. 4.08.050 The Fire Chief has Powers of Police and authority to arrest and issue citations. 4.08.060 Restrictions on the storage of flammable and combustible liquids in aboveground tanks outside of buildings. 4.08.070 Restrictions on the storage and dispensing of liquefied petroleum gases (I -P -gas). 4.08.080 Explosives and blasting agents prohibited. 4.08.090 Restrictions on storage of compressed natural gas. 4.08.100 Restrictions on storage of stationary tanks of flammable cryogenic fluids. 4.08.110 New materials, processes or occupancies which may require permits. 4.08.120 Amendments to the Fire Code. 4.08.130 Enforcement and Penalties. 4.08.140 Appeals. W 4.08.010 Purpose. The 2013 California Fire Code and the 2012 International Fire Code as'described in Section 4.08.020 are adopted for the following purposes: 1. To prescribe regulations and building standards in order to protect, life and property from fire, explosion, earthquake and other disasters; 2. To provide for permits as prescribed herein; establish and maintain a Fire Prevention Bureau; 4. To provide penalties for violations of this code. 4.08.020 Adoption of the California Fire * Code, 2013 Edition and the International Fire Code, 2012 Edition, with Amendments. The City Council hereby adopts for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, those certain codes which contain building standards and fire safety standards known as the 2013 California Fire Code (International Fire Code, 2012 Edition as amended by the State of California) as published by the California Building Standards Commission, together with appendices B, C, D, F, I and K thereto; and the 2012 International Fire Code; save and except such portions a's are herein added, deleted, modified or amended. Where conflicts occur between provisions, of the 2013 California Fire Code and the 2012 International Fire Code, the provisions of the 2013 California Fire Code as amended shall apply. Except as words are defined in section 4.08.120, the words used in this chapter and in the adopted codes listed in 4.08.020 shall have the meaning as defined below. The following words are defined: 1. Whenever the words "Building Code" are used, they shall mean the California Building Code, as adopted by the City of San Rafael, with amendments. 2. Whenever the words "Residential Code" are used, they shall mean the California Residential Code, as adopted by the City of San Rafael, with amendments. 3. Whenever the words "Fire Code" are used, they shall mean this chapter and the codes and standards adopted in section 4.08.020, with amendments. 4. Whenever the. word "Jurisdiction' is used, it shall mean the City of San Rafael. 4.08.040 Administration and Enforcement of the Fire Code. M A. The Fire Chief has the authority to interpret, administer and enforce this code. The Fire Chief may delegate any o*r all of his authority under this code to such duly authorized subordinates in the Fire Department as he may designate and the actions of such duly authorized subordinates shall be construed as valid actions of the Fire Chief. B. The Fire Chief shall have the authority and powers of a Code Enforcement Official, as specified in San Rafael Municipal Code Chapters 1.08 and 1.40, in performing the duties under this code. C. The Fire Chief shall have the authority to,order the immediate abatement of any hazard, located within or on public or private property and any public thoroughfare or railroad, when deemed by the Fire Chief to be an imminent hazard to the life, health, safety and the well being of the public, firefighters and other City employees. D. Whenever the Fire Chief finds an activity or use regulated by this code being performed or used in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the Fire Chief is authorized to. issue an order to cause the activity or use to cease or desist immediately. 4.08.050 The Fire Chief has Powers of Police and authority to arrest and issue citations. A. The Fire Chief and his duly authorized subordinates shall have the powers of a police officer in performing their duties under this code. When requested to do so by the Fire Chief, the Chief of Police is authorized to assign such available police officers as necessary to assist them in enforcing the provisions of this code. B. The Fire Chief and his duly authorized subordinates shall have authority to a rrest or to cite any person who violates any provision of the Fire Code, in the manner provided for the arrest or release on citation and notice to appear with respect to misdemeanors or infractions, as prescribed by Chapters 5, 5c and 5d of Title 3, Part 2 of the California Penal Code, including Section 853.6, or as the same hereafter may be amended. C. It is the intent of the City Council that the immunities provided in Penal Code Section 836.5 be applicable to the aforementioned Fire Chief and his duly authorized subordinates exercising their arrest or citation authority within the course and scope of their employment pursuant to this code. 4.08.060 Restrictions on the storage of flammable and combustible liquids I" aboveground tanks outside of buildings. I A. Pursuant to Sections 5704.2.9.6.1 and 5706.2.4.4 of the Fire Code, except as provided in Subsection B of this Section, the storage of flammable and combustible liquids outside buildings in aboveground tanks is prohibited in all N areas of the City. B. Providing storage of flammable and combustible liquids is within ar. approved aboveground fuel storage tank as required by the Fire Code, such storage and quantities are permitted in the following districts as defined in Tift 14 of the Municipal Code: 1. Districts designated as 1, U/01 M, MC, or CCl/O shall be permitted to have a maximum of ten thousand (10,000) gallons at any one (1) site. 2. Districts designated as PD, providing that they are industrial use in nature, shall be permitted to have a maximum of ten thousand (10,000) gallons al any one (1) site. 3. Districts designated as GC, C/O, FBWC, or PD (providing that they are commercial use) shall be permitted to store a maximum of five thousand (5,000) gallons at any one (1) site. 4. Discretion may be exercised by the Fire Chief to modify the maximum capacities allowed by this section, in accordance with regulations and standards adopted by the Fire Chief to protect against any increased hazards to life or property. C. Bulk 'plants for the storage of flammable or combustible liquids are prohibited within the jurisdiction. D. Prior to the Fire Department authorizing installation of a tank system, the applicant shall apply for and obtain Environmental and Design Review Permit approval from the Community Development Department as provided in Chapter 14.25. 4.08.070 Restricti"ons on the storage and dispensing of liquefied petroleum gas (LP -gas). A. Pursuant to Section 6104.2 of the Fire Code, except as provided ir Subsection B of this Section, the storage of LP -gas is prohibited in allareas o the City. B. Storage, limited to one thousand (1 000) gallons of LP -gas at any one (1 site, is permitted in the following districts as defined in Title 14 of the Municipa Code, except that up to one thousand five hundred (1 500) gallons of LP-gac may be permitted at any one (1) site, provided that the LP -gas storage tanl, system is protected in a manner approved by the Fire Chief: 1. Districts designated as 1, LI/O or CC]/0; 2. Districts designated as PD, providing that they a ' re industrial use in nature, 3. Districts designated, as GC, C/O, FBWC, HO, 2/3 MUEY 2/3 MUWY M7 MC or PD (providing that they are commercial use) only if the- tank system iC wholly protected in a manner approved by the Fire Chief. C. The storage of any LP -gas tank system in any residential district 1 prohibited unless there are no natural gas lines available to be connected to th residence. D. The dispensing of LP -gas is prohibited in all districts except suc, dispensing is permitted in those districts outlined in Subsection B of this Section. E. Exceptions to the Restrictions. 1 . Limited quantities only when used in conjunction with home LP -gas barbecues, recreational vehicles or similar uses; 2. Limited quantities only when used in conjunction with LP -gas driven vehicles; 3. Limited quantities only when used in conjunction with construction projects for which a Building Permit has been issued; 4. Existing bulk LP -gas facilities shall be able to continue their use and shall be able to- relocate their facilities with the express permission of the Fire Chief and the City Council. F. Prior to the Fire Department authorizing installation of a tank system, the applicant shall apply for and obtain Environmental and Design Review Permit approval from the Community Development Department as provided in Chapter 14.25. Except where a Fire Permit is issued in accordance with Section 105.6.14, Section 105.6.36, or Section 105.6.47 of the Fire Code, the manufacture, storage, handling, sale, or use of any explosives, explosive materials, blasting agents, fireworks or pyrotechnic special effects is prohibited within the jurisdiction. 4.08.090 Restrictions on storage of compressed natural gas. 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 1, LI/O or CCl/O; 2. Districts designated as PD providing that they are industrial use in nature. �_1.08.11 00 Restrictions on storage of stationary tanks of flammable cryogenic fluids. Pursuant to Section 5504.3 of the Fire Code, the storage of flammable cryogenic fluids in stationary containers is prohibited in all areas of the City except the following districts as defined in Title 14 of the Municipal Code. - 1. Districts designated as 1, LI/O or CC[/0; 2. Districts designated as PD providing that they are industrial use in nature. it IK # 0 4.08.110 New materials, processes or occupancies wnicn may require permits. M The Fire Chief shall 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 the Fire Code. The Fire Chief shall post such list in a conspicuous place in his office and distribute copies thereof to interested persons. A EJUINK"'I Ell , l l The 2013 California Fire Code and the 2012 International Fire Code are amended or modified, as -follows: Section 1.11.2.1 is hereby amended to read as follow,! 1.11.2.1.1 Enforcement. Pursuant to Health & Safety Code Section, 13146, the Fire,Chief shall have the responsibility for enforcement of building standards adopted by the State Fire Marshal and published in the California Building Standards Code relating to fire and panic safety and other regulations of the State Fire Marshal, for Group R-3 occupancies and all buildings and property subject to regulation by the City. Section 102.5 is hereby amended to read as follows: 102.5 Application of California Residential Code. Where structures are designed and constructed in accordance with the Califomia Residential Code, the provisions of this code shall apply as follows: 1. Design and construction provisions: Provisions of this code pertaining to the exterior of the structure shall apply including, but not limited to, premises identification, fire apparatus access and water supplies. Provisions of this code pertaining to the interior of the structure shall apply when specifically required by this code, including but not limited to Section 903.2. Where interior or exterior systems or devices are installed, construction permits required by Section 105.7 of this code also shall apply. 2. Administrative, operational and maintenance provisions.- All such applicable provisions of this code shall apply. Section 103.1 is hereby amended to read as follows. - 103.1 Fire Prevention Bureau. The Fire Prevention Bureau is established within the Fire Department under the direction of the Fire Chief. The function of the Fire Prevention Bureau shall include the interpretation, K19 implementation, administration and enforcement of the Fire Code and adopted standards. The Fire Prevention Bureau is authorized to enforce the provisions of other codes and ordinances of the City pertaining to the storage, handling and use of hazardous materials, fire and life safety, and the fire protection system requirements of the Building Code and the Residential Code. Section 104.12 is hereby added to read as follow,4 104.12 Liabillifty of persons causing a Fire Department response. Th( Fire Department may recover the costs and. expenses of a Fire Departmen response (incident) within the responsibility for enforcement of the Fire Chief including all costs and -expenses of the Fire Department and other mutual ai( Fire Departments responding to the incident, where the incident has beer caused by the willful misconduct or negligence of the party that caused thE incident. These response costs shall be a debt of the business, corporation individual or other responsible party owed to the Fire Department and to thE other responding mutual aid Fire Departments. The City may collect responsE costs on behalf of itself, and also may collect response costs on behalf of thE other mutual aid Fire Departments with their consent. The mutual aid FirE Departments also may collect their response costs directly from the responsiblE party. The City shall compute and bill the responsible party for such responsE costs and expenses, with payment due within thirty (30) days following th mailing of the bill, unless an appeal is filed as. provided in Section 4.08.140 A Upon failure to pay the response costs and expenses when due, the responsibl person shall be liable, in a civil action brought by the City, for such respons costs and expenses, and costs of the litigation, including reasonable attorneys' fees. 104.12.1 Liabi'lity for correction and abatement. Where the Fire Chie determines that that a violation of any provision of this Chapter constitutes a immediate threat to public health or safety, the Fire Chief is authorized to tak such corrective action as may be necessary to cause the summary abatement o the violation. The City may recover the costs and expenses associated with th correction and abatement of a violation or hazardous condition, including al costs and expenses incurred by the City and contractors hired by the City t cause the correction and abatement. These correction and abatement cost shall be a debt of the owner, business, corporation, individual or othe responsible party owed to the City. The City shall compute and bill th responsible party for such correction and abatement costs and expenses, wit payment due within thirty (30) days following the mailing of the bill, unless a appeal i's filed as provided in Section 4.08.140 A. Upon failure to pay th correction and abatement costs and expenses when due, the responsible perso shall be liable, in a civil action brought by the City, for such correction an abatement costs and expenses, and costs of the litigation I including reasonaDi attorneys' fees. M Section 104.13 is hereby added to read as followJ Section 104.13. Fire prevention resource sharing. Other enforcement agencies shall have authority to render necessary assistance to City in plan review, inspection, code interpretation, enforcement and other fire prevention services when authorized and as delegated by the Fire Chief, by written ,,?.greement. Section 105.6.30 is hereby modified by deleting the exception. Section 105.7 is hereby amended to read as follows: 105.7 Required construction permits. The fire code official is authorized tit, issue construction permits for work as set forth in Sections 105.7.1 to 105.7.17. Section 105.7.17 is hereby added to read as follows. - 105.7.17 Vegetation Management Fire Protection Plan. A construction permi is required to implement a vegetation management fire protection plan for a ne structure located in the Wildland-Urban Interface as designated in San Rafael Municipal Code Section 4.12.010. The vegetation management fire protection plan shall comply with Chapter 49 of this code and the Vegetation Management Standards in San Rafael Municipal Code Section 4.12.030. Section 109.4 is hereby amended to read as follows: 109.4 Violation penalties. Persons who shall violate a provision of this Chapter and the Fire Code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or direction of the Fire Chief, or of a permit or certificate used under provisions of this code, shall be guilty of misdemeanors/infractions and are subject to the penalties set forth in Section 4.08.130. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 111.4 is hereby amended to read as follows: 111.4 Failure to comply. Any person who shall continue to work after having been served with a stop work order, or any person who shall continue an activity or a use after having been served with a cease and"desist order, shall be so *luilty of misdemeanors/infractions and are subject to the penalties set forth in Section 4.08.130. Section 113.2 is hereby amended to read as follows: 113.2 Master fee schedule. The fees for permits and other services shall be as established in the Master Fee Schedule Resolution of the City Council as adopted from time to time. The fee shall be set to cover the cost to review the application, issue a permit, and inspect the intended construction, activities, operations, use, or functions. The fees must be paid to the City prJor to engaging in the construction, activities, operations, use or functions. Exception: The applicant for a given permit shall be exempt fro payment when the event is sponsored by the City, or work to blizz conducted is located on properties owned by the City, or as otherwis determined by the Fire Chief. Where it is determined during inspections that the construction, activity, or use repeatedly fails to comply with the requirements of the Fire Code, and additional inspections or re-inspectio'ns are required to verify compliance, the Fire Chief -may require those additional inspections be billed, at the fully burdened hourly rate as published by the City's Finance Director. Section 113.3 is hereby amended as follows: 113.3 Work commencing before permit issuance. Any person who commences any work, activity, operation or use regulated by this code before obtaining the necessary permits may be subject to an additional investigation fee tg-.s determined by the Fire Chief; the investigation fee shall be two (2) times the normal permit fee, and shall be in addition to the normal permit fee as specified in the Master Fee Schedule Resolution. Section 113.6 is hereby added to read as follows 113.6 After hours "inspection fees. An after hours inspection is an inspection conducted outside of normal work hours; 8.-30 AM — 5.-00 PM, Monday — Friday. Where an after hours inspection is performed before or following normal work hours that inspection may be charged by the hour. Where an inspector is called back to duty to perform an after hours inspection, that inspection may be charged at four (4) hours minimum, then by the hour for any additional hours required over four (4). The after hours inspection fee shall be charged at a rate of one and one-half (1 Y2) times the fully burdened hourly rate as published by the City's Finance director. N Section 113.7 is hereby added to read as follows 113.7 Operational permit applications. Application for Operational Permits (Le: Assembly, Pyrotechnic, Tents, etc.) shall be submitted at least ten (10) business days prior to the scheduled event date. Applications submitted less than ten (10) business days prior to the event date may be charged one and one-half (1 Y2) times the regular -permit rate. Section 202 is hereby amended by adding the definition of "Coverings" as follows. - COVERINGS. As applied to the definition of Substantial Remodel only, coverings shall mean materials including, but not limited', to gypsum board, lath and plaster, paneling (including wood paneling), floor boards, brick and mortar, or other materials attached to rough framing of the building elements. Coverings do not include finishes, such as carpet, tile, paint or wall paper. Section 202 is hereby amended to read as follows: FALSE ALARM. False alarm shall mean an alarm signal, willful, knowing or otherwise, initiating a response by the Fire Department where an emergency situation did not or does not exist. Section 202 is hereby amended by adding the definition of "Fire Prevention Standards as follows: FIRE PREVENTION STANDARDS. Fire prevention standards shall • those supplemental rules and regulations that have been approved by the Fire chief to provide additional guidance and interpretation of this code. Section 202 is hereby • by adding the definition of "Fire Road" as follows: FIRE ROAD. Fire road shall mean any improved or unimproved road, public or private, that provides access for firefighting equipment and personnel to undeveloped areas. 'Section 202 is hereby amended by changing the first sentence of the definition of "Fireworks" to read as follows: sm FIREWORKS. Fireworks shall mean any composition or device for the purpose of producing a visible or audible effect for entertainment purposes by combustion, deflagration, or detonation, and any "safe and sane" fireworks as defined by section 12529 of the State of California Health and Safety Code, and including 1.4G fireworks and 1.3G fireworks as set forth hereafter. [Remainder is unchanged] 6#')ection 202 is hereby amended by adding the definition of "Pre -plans" as follows -i PRE -PLANS. Pre -plans shall mean detailed plans of buildings and premises where there may be special challengesfor emergency operations. These pre - plans include information on the building's location, occupancy, hazards, fire department connections and hydrants, access, building layout, and other pertinent'data that would assist the fire department in case of an emergency. Section 202 is hereby amended by adding the definition of "Public Storage Facility" as lollows: PUBLIC STORAGE FACILITY. A public storage facility shall mean any business that sells, leases or rents space to the public, whether it is a building, storage container or similar configuration. Section 202 is hereby amended by adding the definition of "Substantial Remodel" as follows: SUBSTANTIAL REMODEL. Substantial remodel shall mean the alteration of any structure which combined with any additions to the structure, performed within any three (3) year period, affects a floor area which exceeds fifty percent (50%) of the existing floor area of the structure. When any changes are made in the building, such as wal ' Is, columns, beams or girders, floor or ceiling joists and coverings, roof rafters, roof diaphragms, foundations, piles or retaining walls or similar components, the floor area of all rooms affected by such changes shall be included in computing floor areas for purposes of applying this definition. This definition does not apply to the replacement and upgrading of residential roof coverings or exterior wall finishes. Section 202 is hereby amended by adding the definition of "Temporary" as follows: TEMPORARY. Temporary shall mean any occupancy, activity, or use for a period of less than one hundred eighty (180) days. M Section 304.1.2 is hereby amended to read as follows: 304.1.2 Vegetation. At the direction of the Fire Chief to reduce the fire hazard, weeds, grass, vines, brush, trees, or other growth that is capable of being ignited and endangering public or private property, a fire apparatus access road, a public thoroughfare, or a railroad, shall be cut and mulched or removed by the owner or occupant of the premises or by the responsible public agency in accordance with 304.1.2.1 and 304.1.2.2. 304.1.2.1 Vegetation clearance. Vegetation located within ten (10) feet of the outlet of a chimney or stove pipe shall be cut and mulched or removed. Vegetation located within one hundred (100) feet of a building shall be cut and mulched or removed. Vegetation located within ten (10) feet of a fire apparatus access road, a public thoroughfare, or a railroad shall be cut and mulched or removed. The minimum clearances speed above may be increased by the Fire Chief where there may be special challenges for emergency operations. 304.1.2.2 Wildland-Urban Interface areas. Vegetation clearance requirements in Wildland-Urban Interface areas shall be in accordance with Chapter 49 of this code and San Rafael Municipal Code Chapter Section 307.4.2 is hereby amended to read as follows: 307.4.2 Recreational Fires. Recreational fires within the jurisdiction limits of the City are subject to Sections 307.4.2.1 through 307.4.2.4. 307.4.2.1 City property. Recreational fires are prohibited on City owned property. Exception: Where a Fire Permit is issued in accordance with Section 105.6.30. 307.4.2.2 Wildiand-Urban interface properties. Recreational fires are prohibited in Wildland-Urban Interface areas as designated in San Rafael Municipal Code Section 4.12.010. Exception: Where a Fire Permit is issued in accordance with Section 105.6.30. 307.4.23 Other properties. For all properties other than those identified in Section 307.4.2.1 and 307.4.2.2 above, recreational fires shall be conducted in compliance with all of the following: 307.4.2.3.1. Recreational fires shall be conducted in accordance with applicable Fire Prevention Standards; 307.4.2.3.2. Recreational fires shall not be conducted within 25 as of a structure or combustible materials; 307.4.2.3.3. Conditions which could cause a fire to be spread within 25 as of a structure shall be eliminated prior to ignition; 307.4.2.3.4. Recreational fires shall be conducted is the constant supervision and control of the Owner or tenant of the property; 307.4.2.3.5. A charged portable fire extinguisher with a minimum capacity of 4-A, or a charged garden hose, shall be available for use at the location of the recreational fire. 307.4.2.3.6. Upon completion of use, the Owner or tenant of the property shall. ensure the recreational fire is completely extinguished prior to leaving the recreational fire unattended. 307.4.2.4 Fire Department Response. Where the Fire Department responds to the location of a recreational fire, the Fire Department Officer in charge of the response is authorized to extinguish the fire for non- compliance with Section 307.4.2, any Fire Permit that has been issued, or the applicable Fire Prevention Standards, or where the recreational fire is a fire hazard. Section 307.4.3 is hereby modified by deleting the exception. Section 3.10.8 is hereby amended to add the following concluding sentence: Smoking is prohibited within all Parks as defined in San Rafael Municipaj Code Section 8.10.015 and Open Space areas as defined in San Rafael' Municipal Code Section 19.10.020, located within jurisdiction limits. Section 319 is hereby added as follows: 319.1 Fireworks prohibited. Except where a Fire Permit is issued in accordance with Section 105.6.14, Section 105.6.36, or Section 105.6.47 of the Fire Code, themanufacture, storage, sale, possession, handling, or use of any fireworks as defined in Section 202, is prohibited within jurisdiction limits. 319.2 Seizure. The Fire Chief shall seize, remove or cause to be removed, at the expense of the owner or person in possession, all stocks of fireworks offered or exposed for sale, stored, used or held in violation of this code. Section 408. 1.1 is hereby added as follows: 408.1.1 Pre -plans. Pre -plans shall be developed for buildings and premises where there may be special challenges for emergency operations, as determined by the Fire Chief. M Section 503.1.2. is hereby amended by adding the following concluding sentence: The Fire Chief is authorized to require additional fire apparatus access roads for all newly constructed vehicle parking areas and for all new or altered structures, facilities, uses, or hazards. Section 50 3.1.4 is hereby added as follows: 503.1.4 Fire roads. Fire Roads shall be provided for firefighting equipment, apparatus and personnel to undeveloped areas of the City so as to gain access to improved, unimproved ', and undeveloped areas in a manner approved by the Fire Chief. Any vehicle or other obstruction to Fire Department access may be towed away or removed at the owner's expense. Section 503.2.3 is hereby amended to read as follows: 503.2.3 Surface. Except for fire roads, fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced with asphalt or concrete so as to provide all-weather driving capabilities. Section 503.2.6.1 is hereby added as follows: 503.2.6.1 Load testing. Bridg..s, Piers and Wharfs used for fire .?.pparatus access shall be load tested to the original designed capacity whery required by the Fire Chief. Section 503.4 is hereby amended by adding the following: Any vehicle or other obstruction may be towed away or removed at the ownerls expense. Section 503.4.2 is hereby added as follows.- X 503.4.2 Prohibition on vehicular parking on private access ways. If, in the judgment of the Fire Chief, it is necessary.to prohibit vehicular parking along private access ways serving existing facilities, buildings, or portions of buildings in order to keep them clear and unobstructed for fire apparatus access, the Fire Chief may issue an Order to the owner, lessee or other person in charge of the premises to paint the curbs red or install signs or other appropriate notices M to the effect that parking is prohibited by Order of the Fire Department. From the effective date of the order, it shall be unlawful for such owner, lessee or other person in charge of the premises to fail to install, maintain' in good condition, the form, of notice so prescribed. When such areas are marked or signed as provided herein, no person shall park a vehicle adjacent to any such curb or in the private access way contrary to such markings or signs. Any vehicle so parked in the private access way may be towed away at the expense of the owner of the vehicle. Section 505.1 is hereby amended to read as follows: A JAfti 505.1 Address numbers. New and existing buildings shall hav, approved address numbers, building numbers or approved building identificatior placed in a position that is plainly legible and visible from the street or roa( fronting the property. Numbers painted on the curb do not satisfy thi(, requirement. These numbers shall contrast with their background. Addres,( numbers shall be Arabic numerals or alphabet letters. Said numbers shall b( either internally or externally illuminated in all new construction or substantia remodels. Number sizes shall be as follows: Minimum of one -half-inch (1/2" stroke by four inches (4") high for residential applications, minimum one -half -incl (1/2") stroke by six inches (6") high for commercial applications. Larger sizeE may be required by the Fire Chief based on distance from the street or roac fronting the property. All buildings abutting on any public or private street avenue, drive, road, place or lane within the City shall be given and marked witl an official address number. 'Where access is by means of a private way, 01 monument, or other sign may be required by the Fire Chief to, identify th building. The Chief Building Official shall decide the proper number to b assigned to any building. Where required by the Fire Chief, address number shall be provided in additional approved locations to facilitate emergenc, response. Address numbers shall be maintained. I 505.1.1 Multi' -tenant buildings. Numbers or letters shall designate all separate occupancies within new or existing multi -tenant buildings. Size shall be minimum one -quarter -inch (1/4") stroke by two inches (2") high and on a contrasting background for tenant spaces accessed from an interior corridor, and as indicated in Section 505.1 for spaces with exterior access doors. In multi- story or larger buildings, directional address numbers or letters shall be provided at a central location. Said addresses or numbers shall be posted at a height no greater than 5 feet, 6 inches (5' - 6") above the finished floor and shall be either internally or externally illuminated in all new construction or substantial remodels. 505.1.2 Rear address*lng. Where required by the Fire Chief, approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the fire apparatus road at the sm back of a property or where rear parking lots or alleys provide an acceptable vehicular access. Number stroke and size shall comply with Section 505.1. Section 506.1 is hereby amended by adding the followind 506.1 Key entry system. Except for single family dwellings, all buildings which have installed therein an automatic fire alarm system, automatic fire sprinkler system or a security gate, shall have an approved key entry system installed. All facilities that are required to have Hazardous Materials Business Plans shall have an approved key entry system installed. All electronic operated vehicular gates, including gates serving single family dwellings, shall have an approved key switch override system mounted on a stanchion or wall as 2pproved by the Fire Chief. Section 507.5.1.2 is hereby added as follows: 507.5.1.2 Fire hydrant upgrades. When addition's or alterations to structures are made, the nearest existing fire hydrant shall be upgraded to the minimum standard of a Clow model 950 wet barrel type hydrant with one (1) four and one-half inch (4Y2") outlet and one (1) two and one-half inch (2Y2") outlet for single family dwellings, or for all other applications or structures to, a Clow model 960, wet barrel type hydrant with one (1) four and one-half inch (4y2") outlet and two (2) two and one-half inch (2Y2") outlets. Exceptions 1: If -the cost of upgrading the fire hydrant exceeds two percent (2%) of the cost of the project, based on the Building Permit valuation. Exception 2: This section does not apply where an automatic fire sprinkler system is installed throughout the building. Section 903.2 is hereby amended to read as followsG 903.2 Where Required; All Occupancies and Facilities. An automatic fire sprinkler system shall be installed in all of the following: 1. Every newly constructed, building or facility. Exception.- Freestanding Group U occupancies not more than one .thousand (1,000) square feet and provided with exterior wall and opening protection as per Table 602 of the Building Code. 2. Newly created, attached, second dwell' ing units which meet the definition of a substantial remodel. 3. AIII other existing buildings, where be required by the Fire Chief in accordance with the following. - i. All buildings where improvements occur during any tnree (3) year period which meet the definition of a substantial remodel. sm ii. All buildings in excess of three thousand (3, 1 000) square feet which have more than ten (10) percent floor area added within any three (3) year period. iii. A change in the use of a building that results in a higher fire or life safety hazard when the square footage of the area changing use is more than fifty (50) percent of the square footage of the existing building. iv. Where fire sprinklers are required by the provisions above, they shall be extended throughout the building. 4. All public storacie facilities. 5. All tunnels used for the transportation of people or any type of vehicle. The requirements for fire sprinklers in this code section are not meant t* disallow the provisions for area increase, height increase, or fi re -res istive- rated substitution if otherwise allowed by the Building Code or Residential Code. Sections 903.2.1 through 903.2.17 remain the sam(I Section 903.2.18 is hereby modified by deleting the exceptiorl Section 907.8.5.1 is hereby added as follows: 907.8.5.1 False and nuisance fire alarm — public nuisance. A protected premises fire alarm shall constitute a public nuisance if it actuates three (3) or more false or nuisance alarms within any calendar year. This section shall be effective thirty (30) days after fire alarm system installation is operational. 907.8.5.1.1 False alarm response fee. Where a protected premises fire alarm constitutes a public nuisance as specified in Section 907.8.5.1, the owner or lessee shall be responsible for the City's false and nuisance alarm response fees as specified in the Master Fee Schedule Resolution adopted by the City Council. Section 1013.2 is amended by adding the following sentence to the end of the paragraph before the Exceptions: Guards are also required at waterfront bulkheads, fixed piers and gangways. 1029.6 Hotel w*Indow fall prevenfion. Operable windows in hotels located within this jurisdiction shall be in accordance with this section. M 1029.6.1 New hotels. All new hotels, on all floors, shall have window stops installed to prevent the windows from being opened more than four (4) inches when the window sill height is less than forty two (42) inches. above the floor. 1029.6.2 Existing hotels. All existing hotels shall have window openings that comply with the following: 1029.6.2.1 Floors one through three. All existing hotels, on floors one (1) through and including three (3), shall have flo operable window openings such that the bottom edge of the opening, on the interior of the room, is less than forty two (42) inches above'the floor level. Exception 1: If the level of the ground or walkway on the exterior of the room is no more than thirty (30) inches below the window sill. Exception 2: If automatic fire sprinklers are installed throughout the building, window stops may be installed to limit the opening to no more than four (4) inches. 1029.6.2.2 Floors above the third floor. All existing hotels, on floors above the third floor, shall have window stops installed to prevent the windows from being opened more than four (4) inches if window sill heights are less than forty two (42) inches above the floor. 1029.6.3 Clear area adjacent to window opening. There shall be no furniture, fixed or moveable, placed within thirty six (36) inches of any openable portion of a window. Hotels shall also provide notice to prospective guests of this requirement. Section 1030.3.1 is added as follows: 1030.3.1 Group 1-2 Hospital Obstructions. In Group 1-2 Hospitals, the required clear width for aisles, corridors and ramps that are part of the required means of egress shall comply with Section 1018.2. The facility shall have a plan to maintain the required clear width during emergency situations. Exception: In area's required for bed movement, equipment shall be permitted in the required width where all the following provisions are met: 1. The equipment is low hazard and wheeled. 2. The equipment does not reduce the effective clear width for the means of egress to less than 5 feet (1525 mm). 3. The equipment is limited 3.1 Equipment and carts in use; 3.2 Medical emergency equipment; 3.3 Infection control carts; and 3.4 Patient lift and transportation equipment. 4. Medical emergency equipment and patient lift and transportation equipment, when not in use, is required to be located on one side of the corridor. ME 'L 5. The equipment is limited in number to a maximum of one per patien sleeping room or patient care room within each smoke compartment. Section 1103.8.1 is hereby amended by adding the following subsections, following the Exceptions: A. On or after January 1, 1986, every single-family dwelling and factory - built housing, as defined in Health and Safety Code Section 19971, which is sold shall have operable smoke alarms installed. The smoke alarms shall be approved and listed by the State Fire Marshal and installed in accordance with section 907.2.11.2. Battery operated smoke alarms shall be deemed to satisfy the requirements of this section. B.' On or after January 1, 1993, every apartment building shall have installed a hardwired smoke alarm with battery back-up located within every dwelling unit. This smoke alarm shall be located outside of sleeping rooms and the primary power s ' hall be from the building wiring, with no intervening switches other than the circuit breaker. The smoke alarm shall be approved and listed by the State Fire Marshal. Section 1104.5.2 is added as followl 1104.5.2 Change of ownership. Buildings, portions of buildings, or occupancies shall meet the requirements of Section 1104.5 upon a change of ownership. 5704.3.3.11 Storage of flammable and combustible Illoquids and other hazardous materials. The storage of flammable or" combustible liquids or other hazardous materials in public storage facilities is prohibited. Such facilities shall post legible and durable signs to indicate same in a manner and locations as specified by the Fire Chief. This section shall apply to new and existing public storage facilities. Except*lon: Only those quantities of flammable and combustible liquids necessary for normal maintenance of the facility. Appendix D103.5, Subsection 1 is hereby amended to read as follows: D103.5, Subsection I Gate Opening Width. Except for a single one- or two-family dwelling, the minimum unobstructed gate width shall be twenty (20) feet. For a single one- or two-family dwelling, the minimum unobstructed gate width shall be sixteen (16) feet, except where a narrower width is approved by S Ws the Fire Chief for exceptional circumstances. E U1 ;-A Rfl� a 17 1 -W 1 1 4.08.140 Appeals. A. Any person receiving a bill for Fire Department response costs and expenses pursuant to Section 104.12 of the Fire Code, may file within thirty (30) days after the date of mailing the bill, an administrative appeal against imposition of the civil penalty or response costs and expense. The appeal shall be in writing and filed with the Fire Chief, and shall include a copy of the bill and statement of the grounds for appeal. The Fire Chief shall conduct an administrative hearing on the appeal, after giving the appellant at least ten (10) days' advance written notice of the time and place of the hearing. Within ten (10) days after the hearing, the Hearing Officer shall give written notice of the decision to the M- appellant, which decision shall be final. If the appeal'is denied in part or full, all amounts due shall be paid within thirty (30) days after the mailing of the notice of the deon of the Hearing Officer. B. Whenever the Fire 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 Fire Chief to the City Council within ten (10) days from the date of the decision. The provisions of this section shall not apply to corrective actions for the clearance of vegetative as speed in 304.1 through 304.1.2.2 of the Fire Code, or to matters for which an appeal is provided pursuant to 4.08.140(A) above. California Health and Safety Code Sections 17958.5, 17958.7, and 18941.5 require that findings be made in order to change or modify building standards found in the California Building Standards Code based on local climatic, geologic, or topographic conditions. . Therefore, the San ' Rafael City Council hereby finds that these changes or modifications to the Fire Code as adopted, in Title 4 of the San Rafael Municipal Code are reasonably necessary because of the following local climatic, geological and topographical. conditions: a. 'Iflost of the annual rainfall in San Rafael occurs during the winter; it receives no measurable precipitation between May and October. During this time, temperatures average between 70 and 90 degrees. These conditions eliminate most of the moisture in the natural vegetation and heavily wooded hillsides. The area also suffers periodic droughts that can extend the dry periods to other months of the year. These conditions can be further exacerbated by high off- shore winds, or hot, dry, inland winds. Wi. Most of the annual rainfall in San Rafael occurs 'during the winter, and some - portions of San Rafael are subject to tidal influences, there are times that flooding conditions occur in low-lying areas. 11. Geological conditions a. San Rafael lies near several earthquake faults, including the very active Sar Andreas Fault; there are significant potential hazards such as road closures, fires, collapsed buildings, and isolation of residents requiring assistance., b. Many areas of the City, including some highly developed industrial and commercial areas are located on bay alluvial soils which are subject to liquefaction in the event of an earthquake. Much of San Rafael is located in hilly areas, and many of the residential areas are heavily landscaped, and many exist adjacent to hilly open space areas which are characterized by dry vegetation and have limited access. In addition, the steepness of grades located in the hills and canyons results in narrow and winding roads, and limited water supply. b. The major arterial route between San Francisco and Marin and Sonoma county are.s, Highway 101, bisects the City of San Rafael; should that highway become impassable, alternative routes via surface streets in San Rafael may cause heavy traffic congestion, limiting emergency access or delaying response. More specifically, the above modified building standards are listed below with th corresponding , geological or topographical condition which necessitates th modification, as follows:. I climatic 4.�)ection Number Climatic, geological and topographical conditior 1.11.2.1 la, Ila, Ilia, Illb 102.5 la, lb, Ila, Ilia, Illb 103.1 la, Ila, Ilia, Illb 104.12 la, lb, Ila, Ilb, Ilia, Illb 104.13 la, llb, Ila, llb, Ilia, Illb 105.6.30 la, Ila, lib, Ilia, Illb 105.7 la, Ila, Ilb, Ilia, Illb 105.7.17 la, Ila, Ilia, Illb, 109.4 la, lb, Ila, Ilb, Ilia, Illb 111.4 la, lb, Ila, Ilb, Ilia, Illb 113.2 la, Ila, Ilia 113.3 la, Ila, Ilia 113.6 la, Ila, Ilia 113.7 la, Ila, Ilia 202 la, lb, Ila, Ilb, Ilia, Illb 304.1.2 la, Ila, Illa,'Illb 307.4.2 la, Ila, Ilia, Illb 307.4.3 la, Ila, Ilb, Ilia, Illb 310.8 la, Ila, Ilia, Illb 319 la, Ila, Ilia, Illb 408.1.1 la, lb, Ila, Ilb, Ilia, Illb, 503.1.2 la, lb, Ila, Ilb, Ilia, Illb 503.1.4 la, lb, Ila, Ilia 503.2.3 la, lb, Ila, Ilb, Ilia,, Illb 503.2.6.1 la, Ila, Ilb, Ilia 503.4 la, Ila, Ilia 503.4.2 la, lb, Ila, Ilb, Ilia, Illb 505.1 la, Ila, Ilia, Illb 506.1 la, Ila, Ilb, Ilia 507.5.1.2 la, Ilia, Illb, 903.2 la, Ila, Illa,111b 903.2.18 la, Ila, Ilia 907.8.5.1 la, lb, Ila, Ilb, Ilia, Illb 1013.2 lb, Ila 1029.6 Ila, Ilb, Illb 1030.3.1 Ila, Ilb, Ilia, Illb 1103.8.1 la, Ila, Ilia 1104.5.2 la, Ila, Ilia 5704.3.3.11 la, Ila, Illb Appendix D103.5 la, lb, Ila, Ilia, Illb I Q kyj W us] 0 M All former Ordinances or parts thereof conflicting or inconsistent with the provisions of this Ordinance codified in this chapter or the Codes hereby adopted are hereby repealed. I III kyj W rel L1 IF I 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. 191 W RM rol I'Ll M 0 This Ordinance shall be published once I in full or in summary form, 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 thirty (30) days after its final passage. If published in summary form, the summary shall also be published within fifteen (15) days after the adoption, together with the names of those no Council members voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. '11,41thin fifteen (15) days after adoption, the City Clerk shall also post in the office of the City Clerk, a certified copy of the full text of this Ordinance along with the names of those Councilmembers voting for and against the Ordinance. a] kyj M rel ki 1 109 The City Council finds that adoption of thlis Ordinance is exempt from the California Environmental Quality Act (CEQA), pursuant to 14 CCR Section 15061 (b)(3), since it can be seen with certainty that there is no possibility that the adoption of this Ordinance may have a significant effect on the environment. GARY 0. PHILLIPS, Mayor Attest: ESTHER BEIRNE, City-CleAr The foregoing Ordinance No. was read and'introduced at a Regular meeting of the City Council of the City of San Rafael, held on the 18th day of Novemb 2013 and ordered passed to print by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: and it will come up for adoption as an Ordinance of the City of San Rafael at a Regular meeting of the City Council to be held on the 2nd day of December, 2013. ESTHER BEIRNE, City Clerk :A 21il INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT, ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY. SRRA / SRCC AGENDA ITEM NO. 3.f DATE OF MEETING: November 18, 2013 FROM: Christopher Gray *ATE: November 7, 2013 Ordinance introducing the 2014 Fire Code (LOWER HALF OF FORM FOR APPROVALS ONLY) APPROVED AS COUNCIL /AGENCY AGENDA ITEM: City Manager (signature) illilk IQ I APPROVED AS TO FORM: City Attorney (signature)