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HomeMy WebLinkAbout92-09 ORDINANCE #92-9 AN ORDINANCE OF THE TOWN OF DANVILLE, ADDING ARTICLE 10-12 TO THE DANVILLE MUNICIPAL CODE, ADOPTING, BY REFERENCE (WITH CERTAIN AMENDMENTS), THE UNIFORM FIRE CODE, 1991 EDITION, AND UNIFORM FIRE CODE STANDARDS, 1991 EDITION. THE TOWN COUNCIL OF THE TOWN OF DANVILLE DOES ORDAIN AS FOLLOWS: SECTION ONE. ADOPTION OF ARTICLE 10-12. Article 10-12 is hereby added to the Danville Municipal Code, to read as follows: Article 10-12 Uniform Fire Code. 10-12.1 Adoption of 1991 Uniform Fire Code. The 1991 Uniform Fire Code and 1991 Uniform Fire Code Standards as compiled, recommended and published by the Western Fire Chiefs Association, the International Fire Code Institute, and the International Conference of Building Officials is hereby adopted in its entirety, including appendices IA, lB, IC,IIA, IIB, IID, liE, IIF, IIIA, IIIB, IIID, IVA, VA, VIA, rIB, VIC, VID, VIE, VIF, save and except those portions hereafter deleted, modified or amended, all as authorized by Section 50020 et seq. of the Government Code. 10-12.2 Definitions. (a) Wherever the word "jurisdiction" is used in the Uniform Fire Code, it shall be held to mean the San Ramon Valley Fire Protection District. (b) Wherever the term "Corporation Counsel" is used in the Uniform Fire Code, it shall be held to mean the Attorney for the San Ramon Valley Fire Protection District. (c) Wherever the term "Chief of the Division of Fire Prevention" is used, it shall be held to mean "Fire Marshal". 10-12.3 Establishment of limits of Districts in which storage of flammable or combustible liquids in outside aboveground tanks is to be prohibited. (a) The limits referred to in Section 79.501 and Section 79.1001 of the Uniform Fire Code in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited, are hereby established as follows: Any central business district, urban area or suburban area as defined by this Code. (b) The limits referred to in which new bulk plants for flammable or combustible liquids are prohibited, are hereby established as follows: Any central business district, urban or suburban area as defined by this Code. 10o12.4 Establishment of limits in which bulk storage of liquefied petroleum gases is to be restricted. The limits referred to in Section 82.104(b) of the Uniform Fire Code, in which bulk storage of liquefied petroleum gas is restricted, are hereby established as follows: Any central business district, urban area or suburban area as defined by this Code. 10-12.5 Establishment of limits of districts in which storage of explosives and blasting agents to be prohibited. The limits referred to in Section 77.107(a) of the Uniform Fire Code, in which storage of explosives and blasting agents is prohibited, are hereby established as follows: Any central business district, urban area or suburban area as defined by this Code. 10-12.6 Changes and deletions. The Uniform Fire Code and Uniform Fire Code Standards adopted by reference in Section 10-12.1, shall be effective, and the amendments, additions and deletions set forth in this Section. Article, Section, Division and Appendix numbers used are those of the Uniform Fire Code. Section 1.103 Applicability. Section 1.103 is amended by adding subsection (d) as follows: (d) Where not otherwise limited by law, the provisions of this Code shall apply to vehicles, ships, boats, and mobile vehicles when fixed in a specific location within the boundaries of this jurisdiction. Section 2.102 Rules and regulations. Section 2.102 is amended as follows: The Chief is authorized to make and enforce such rules and regulations for the prevention and control of fires and fire hazards as may be necessary from time to time to carry out the intent of this Code. Such rules and regulations shall become effective only after the Board of Directors has approved them and indicated its approval thereon and upon the filing of one copy of such rules and regulations with the said approval noted thereon and upon the filing of one copy of such rules and regulations with the said approval noted thereon in the Office of the Clerk of the Board of Directors. Additional copies shall be kept in the office of the Fire District for reference by and distribution to the public. Page 2 of Ordinance 92-9 r Section 2.105 Authority of fire personnel to exercise powers of peace officers. Section 2.105 is amended as follows: (a) The Chief and his designated representative shall have the powers of peace officers while engaged in the performance of their duties with respect to the prevention, investigation, and suppression of fires and the protection and preservation of life and property against the hazards of fire and conflagration. (b) The Chief, or his duly authorized agents, may issue citations for violations of this Ordinance in the same manner as a county or city is authorized to do so by Chapter 5C (commencing with Section 853.5), Title 4, Part 2, of the Penal Code. Section 2.202. New construction and alteration. Section 2.202 is amended by renumbering 2.202(b) to 2.202(d) and adding a new 2.202(b) and 2.202(c) as follows: Section 2.202. (b) Review of Certain Plans. Whenever required by this Code, plans shall be submitted to the Fire District for review and approval prior to construction. In addition to plan submittals required by other sections of this Code, plans shall be submitted whenever any of the following land developments and/or improvements are proposed: 1. Provision of a water supply for fire protection; 2. Provision of access for fire apparatus (as required by Sec. 10.202); 3. An occupancy for the storage, handling or use of any hazardous substance, hazardous material process or hazardous device. 4. Subdivision of land. 5. Construction, alteration, or renovation of a building for which a building permit is required. 6. Demolition of a building. Section 2.202. (c) Building Permits. Whenever application is made for a building permit, as required by the Building Code, the Building Official shall withhold issuance of the building permit until notification from the Fire District that plans required by this Code have been reviewed and approved and that the requirements of Article 87 have been met. Section 2.205 Orders, notices and tags. Section 2.204 is amended by adding subsection (e), as follows: Page 3 of Ordinance 92-9 (e) The Chief may order, in writing, the correction, elimination, or abatement of any fire or life hazard or any violation of this Ordinance including the said Code and Standards incorporated by reference herein which violation correction is necessary for prevention and suppression of fires and conflagrations and for the protection and preservation of life and property against the hazards of fire and conflagration. Section 2.208 Fee for plan review, inspection, permits. Section 2.208 is added as follows: The Board of Directors may, by resolution, establish a schedule of non-discriminatory fees to be charged and collected for plans submitted under 2.202, solely to defray the Fire District's reasonable costs for plan review of fire protection equipment and systems, requested or required inspection services, and issuance of permits. Three copies of this fee schedule shall be on file in the Main Office of the San Ramon Valley Fire Protection District for use and examination by the public. Section 2.303 Board of Appeals. Section 2.303 is amended as follows: In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations, exceptions, or variations of the provisions of this Ordinance, there shall be and hereby is created a Board of Appeals. The Board of Appeals shall be composed of the Board of Directors. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Fire Chief with a duplicate copy to the appellant. Section 3.105 Compliance. Section 3.105 is added as follows: Every person who violates any provision of this Ordinance and any provision of the Uniform Fire Code as adopted by reference herein is guilty of a misdemeanor. 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 ten (10) days that prohibited conditions are maintained shall constitute a separate offense. The application of the aforesaid penalty shall not be held to prevent the enforced removal of prohibited conditions. This section is a declaration of Section 13871 of the State of California Health and Safety Code and is not intended to create a different or separate penalty. Section 3.106 Authority to require exposure or to stop work. Section 3.106 is added as follows: Whenever any installation of Fire Protection devices covered by this Code is concealed without first having been inspected, the Fire Chief may require, by written notice, that Page 4 of Ordinance 92,9 -% such work shall be exposed for inspection. The work of exposing and recovering shall not entail any expense to the public entity. Whenever any construction or installation work is being performed in violation of the plans and specifications as approved by the Chief, a written notice shall be issued to the responsible party to stop work on that portion of the work which is in violation. The notice shall state the nature of the violation, and no work shall be done on that portion until the violation has been corrected. Section 4.108 Permit required. Section 4.108 is amended by adding or altering the following activities: c.8. is added as follows: Christmas tree sales. To use a property for the purpose of selling cut Christmas trees. See applicable provisions of Article 25, Division IV, and Article 11 for General Fire-Safety Precautions. 1.4. is added as follows: Storage, Use or Handling of Liquefied Petroleum Gas Inside Buildings. To store, use or handle liquefied petroleum gas inside buildings. See Article 82. f. 5. Fumigation or thermal insecticidal fogging. To operate a business of fumigation or thermal insecticidal fogging and to maintain a room, vault or chamber in which a toxic or flammable fumigant is used. See Article 47. s.1. is amended as follows: To conduct a spraying or dipping operation utilizing flammable or combustible liquids and materials and regulated by Article 45. Table No. 4.108-A Permit Amounts for Compressed Gases. Table 4.108oA is amended by adding Irritant Gases as follows: Irritant 200 Cubic Feet Table No. 4.108-C Permit Amounts for Hazardous Materials. Table 4.108-C is amended by adding Corrosive Solids and altering Toxic Liquids and Toxic Solids as follows: Corrosive Solids 500 Pounds Toxic Liquids 10 Gallons Toxic Solids 100 Pounds Section 9.103 Definitions. (Partial Amendment) Administrator shall mean the Chief of the San Ramon Valley Fire Protection District. Section 9.104 Definitions. (Partial Amendment) Page 5 of Ordinance 92-9 Board of Directors shall mean the governing body of the San Ramon Valley Fire Protection District. Section 9.105 Definitions. (Partial Amendmen0 Corporation Counsel shall mean the Attorney for the San Ramon Valley Fire Protection District. Section 9.105 Central Business District is a downtown area of a city or business parks having a cluster of buildings generally 4 or more stories in height. Section 9.106 Definitions. (Partial Amendmen0 District Board shall mean the Board of Directors of the San Ramon Valley Fire Protection District. Section 9.108 Definitions. Section 9.108 is amended by adding the definitions of "Firebreak", "Firetrail", "Fuelbreak", "Facility", and "Fair" as follows: Facility means any structure, establishment or location used for storing, processing, or handling material or equipment. Fair is a temporary enterprise principally devoted to the exhibit or sale of products of agriculture or industry, entertainment, amusement and may include the operation of amusement rides or devices. Firebreak means a continuous strip of land upon and from which all rubbish, weeds, grass or other growth that could be expected to burn has been abated or otherwise removed in order to prevent extension of fire from one area to another. Firetrail means a graded firebreak of sufficient width, surface, and design to provide access for men and equipment to suppress and to assist in preventing a surface extension of fires. Fuelbreak means a wide strip or block of land on which the vegetation has been permanently modified to a low volume fuel type so that fires burning into it can be more readily controlled. Section 9.120 Definitions. Section 9.120 is amended by adding the definitions of "Rural Residential Area", "Rural Area", "Response Time", and "Running Time" as follows: Rural Residential Area is that area generally designated for single family residential use with parcels between 3 and 10 acres in size. Rural Area is that area generally designated for agricultural or open space uses with parcels over 10 acres in size. Response Time is the calculated time difference between receiving a report of alarm and the application of extinguishing agent. Page 6 of Ordinance 92-9 Running Time is the calculated time difference between leaving the first-due station and arriving on the emergency scene. Section 9.121 Suburban area is that area generally designated for single family residential use with residential and non-residential uses generally less than 3 stories in height, and parcels up to 3 acres in size. Section 9.123 Urban area is a commercial or residential area having clusters of buildings generally 1 to 3 stories in height including primarily commercial areas of cities and clusters of apartment buildings or condominiums, and commercial corridors along major arterials. Section 10.105(b) Obstruction, identification and protection of fire hydrants and fire protection equipment. Section 10.105(b) is amended by adding a last sentence as follows: When hydrants, fire district connections, or other fire protection system control valves or devices are located behind curbs on property not governed by the California Vehicle Code and/or related parking or vehicular requirements of a local governmental entity, and the parking of motor vehicles is allowed, the curb or edge of roadway where there is no curbing, shall be painted red for a minimum of 7 1/2 feet on each side of the hydrant, connection, control valve, or device. Section 10.106(a) Closure of accessway. Section 10.106(a) is amended by adding a last sentence(s) as follows: All gates and barriers installed across/over accessways shall have a minimum unobstructed linear opening width of 12 feet. All gates/barriers and locking devices installed shall have approval of the Fire District prior to installation. Section 10.203 Required access. Section 10.203 is amended by adding Exception #4, and Exception #4(a), to read as follows: EXCEPTION #4: When serving Group R, Division 3 or Group M Occupancies located in areas designated as residential, rural residential, or rural, the requirements of this section may be modified. The decision to modify and the extent of any such modification shall be in accordance with minimum standards to be established by the San Ramon Valley Fire Protection District. EXCEPTION #4(a): Number of access roads. The minimum number of access roads serving residential development(s) shall be based on the number of dwelling units served and shall be as follows: I - 75 units, one public access road. 76 - 150 units, one public access road and one emergency vehicle access road. 150 + units, at least two public access roads. Page 7 of Ordinance 92-9 Section 10.204(e) Bridges. Section 10.204(e) is amended by adding a last sentence as follows: Maximum live loads shall be clearly posted at both ends of bridge entrances. Section 10.204(f) Grades. Section 10.204(0 is amended to read as follows: Maximum grades for fire apparatus accessways shall not exceed: 1. 15% for all weather asphalt driving surfaces. 2. 20% for grooved concrete or rough asphalt. Section 10.205 Obstruction. Section 10.205 is amended to read as follows: The required access width or roadway shall not be obstructed in any manner including, but not limited to, imposition of any physical impairment, condition, object, or device, which would lessen, obstruct, hinder, delay or impair the prompt access for safe emergency response of Fire District apparatus and personnel. Parking of vehicles shall not be permitted when such parking would obstruct access. Minimum required widths and clearances shall be maintained at all times. Section 10.205(a) Open space. Section 10.205 is further amended by adding a paragraph to read as follows: (a) When access to open land/space or fire trail systems maintained for public or private use is obstructed by new development of any kind, the developer shall provide alternate acceptable access into the area(s), as approved by the Fire District, for fire personnel and apparatus. Section 10.301(c). Section 10.301 is further amended by adding paragraph (c) as follows: All new street names and addressing shall be submitted, for approval, to Administrative Mapping Division of the Fire District; such approval not to be unreasonably withheld. Section 10.401 General. Section 10.401 is amended by adding a preface sentence to read as follows: Where lands are hereafter divided for future development or construction of any buildings. Section 10.402 Type of water supply. Section 10.402 is amended by adding a paragraph as follows: In areas where public or private fire mains are not available for the provision of required fire flow, the Chief may require that water supply for fire fighting be provided in accordance with NFPA Standard #1231, 1989 Edition (Standard on Water Supplies for Suburban and Rural Fire Fighting). Other alternate methodsof fire protection as Page 8 of Ordinance 92-9 1. v approved by the Chief may be provided. Unless otherwise approved by the Chief, water supply for fire fighting must be available prior to commencement of combustible framing. Section 10.403 Fire hydrants. Section 10.403 is amended to read as follows and by adding paragraphs (1-2-3-4, B-C) as follows: (a) The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire flow shall be provided on the public street, or on the site of the premises to be protected, or both, as required and approved by the Chief. 1. Fire hydrants shall be nominally spaced every 500 linear feet in residential areas comprised primarily of single family dwellings. In commercial and/or industrial areas, or in residential areas comprised primarily of condominiums, townhouses or apartments, fire hydrants shall be nominally spaced every 300 feet. The Fire Chief or his Designee may require that fire hydrants be spaced at closer intervals to conform to street intersections or unusual street curvatures. In determining the number of hydrants and hydrant spacing, the Chief may be guided by the provisions of Appendix IIIB of this Code. 2. Divided streets shall have hydrants on both sides of the street and shall, where applicable, be installed in alternate or staggered positions, so that hydrants will not be directly across from each other. Spacing criteria shall be maintained on each side of the street. Hydrants in median strips are not permitted. 3. The types of fire hydrants acceptable to the Fire District shall be determined by the Fire Chief. 4. On streets involving rear treatment, and when access to the developed property is not possible from the street, hydrants may be spaced every 1000 feet. (b) Fire hydrants shall be accessible to the Fire District by roads meeting the requirements of Division II of this Code. (c) For fire safety during construction, alternations, or demolition of a building, see Section 87.103(c) of this Code. Section 10.506 General provisions for fire extinguishing systems. Section 10.506 is amended in its entirety to read as follows: (a) General. All fire extinguishing systems shall be installed in accordance with this article. The hose threads used in connection with fire extinguishing systems shall be national standard hose thread or as approved by the Fire Department. The location of fire department hose connections shall be approved by the Chief. (b) Standards. Fire extinguishing systems shall comply with the Building Code. See U.B.C. Standards Nos. 38-1, 38-2, and 38-3. Page 9 of Ordinance 92-9 EXCEPTIONS: 1. Automatic fire extinguishing systems not covered by the Building Code shall be approved and installed in accordance with NFPA 13, 13R and 13D as adopted by this Code. 2. When fire sprinkler systems are required in buildings of undetermined use, they shall be designed and installed to have a sprinkler density of not less than .33 gpm with a minimum design area of 3,000 square feet. Use is considered undetermined if not specified at the time the permit is issued. Section 10.507 Required installations of automatic fire extinguishing systems. Section 10.507 is amended in its entirety to read as follows: (a) General. An automatic fire extinguishing system shall be installed in the occupancies and locations as set forth in this section. (See table 10A for a summary of requirements.) For provisions on special hazards and hazardous materials, see, Section 10.501 and Articles 45, 48, 49 and 80 of this Code. 1. In every story or basement of all buildings when the floor area exceeds 1,500 square feet and there is not provided at least 20 square feet of opening entirely above the adjoining ground level in each 50 lineal feet or fraction thereof of exterior wall in the story or basement on at least one side of the building. Openings shall have a minimum dimension of not less than 30 inches. Such openings shall be accessible to the Fire Department from the exterior and shall not be obstructed in a manner that fire fighting or rescue cannot be accomplished from the exterior. When openings in a story are provided on only one side and the opposite wall of such story is more than 75 feet from such openings, the story shall be provided with an approved fire extinguishing system, or openings as specified above shall be provided on at least two sides of the exterior wall of the story. If any portion of a basement is located more than 75 feet from openings required in this section, the basement shall be provided with an approved automatic sprinkler system. 2. At the top of rubbish and linen chutes and in their terminal rooms. Chutes extending through three or more floors shall have additional heads installed within such chutes at alternate floors. Sprinkler heads shall be accessible for servicing. 3. In rooms where nitrate film is stored or handled. 4. In protected combustible fiber storage vaults as defined in this Code. (b) Group A Division 1 Occupancies, an automatic sprinkler system shall be installed: 1. In buildings of Type I or II construction which exceeds 5000 square feet of floor area. 2. Group A Division I Occupancies are not permitted in Type III, IV, and V construction. Page 10 of Ordinance 92-9 3. Basements. An automatic sprinkler system shall be installed in basements classified as a Group A Occupancy when the basement is larger than 1,500 square feet in floor area. (c) Group A, Division 2, 2.1, 3, 4 Occupancies an automatic sprinkler system shall be installed: 1. In buildings of Type I, II, III or IV construction which exceed 5000 square feet of floor space. 2. In buildings of Type V construction which exceeds 3000 square feet of floor area. 3. Multi-theater Complexes. Every building containing a multi-theater complex. 4. Amusement Buildings. An automatic sprinkler system shall be installed in all amusement buildings. The main water-flow switch shall be electrically supervised. When the amusement building is temporary, the sprinkler water supply may be of an approved temporary type. EXCEPTION: An automatic sprinkler system need not be provided when the floor area of a temporary amusement building is less than 1000 square feet and the exit travel distance from any point is less than 50 feet. 5. Other Areas. An automatic sprinkler system shall be installed under the roof and gridiron, and the tie and fly galleries, and in all places behind the proscenium wall of stages; over and within permanent platforms in excess of 5000 square feet in area; and in dressing rooms, workshops and storerooms accessory to such stages or permanent platforms. EXCEPTIONS: 1. Stages or platforms open to the auditorium room on three or more sides. 2. Altars, pulpits or similar platforms and their accessory rooms. 3. Stage gridirons when side-wall sprinklers with 135 degree F. Rated heads with heat baffle plates are installed around the entire perimeter of the stage except for the proscenium opening at points not more than 30 inches below the gridiron or more than six inches below the baffle plate. 4. Under stage or under platform areas less than four feet in clear height used exclusively for chair or table storage and lined on the inside with materials approved for one-hour fire resistive construction. (b) Group B Division 1,3,4 Occupancies, an automatic sprinkler system shall be installed: Page 11 of Ordinance 92-9 I 1. In buildings of Type I, II, III, and IV construction which exceed 5000 square feet of floor area. 2. In buildings of Type V construction which exceed 3000 square feet of floor area. (e) Group B Division 2 Occupancies an automatic sprinkler system shall be installed: 1. In buildings of Type I, II, III and IV construction which exceed 5000 square feet of floor area. 2. In buildings of Type V construction which exceed 3000 square feet of floor area. (f) Group E Division I Occupancies, and automatic sprinkler system shall be installed when required by the California Building Code, 1991 Edition. (g) Group E Division 2 Occupancies, an automatic sprinkler system shall be installed: 1. In buildings of Type I, II and III construction which exceed 5000 square feet of floor area. 2. In buildings of Type IV and V construction which exceed 3000 square feet of floor area. (h) Group E Division 3 Occupancies, an automatic sprinkler system shall be installed: 1. In buildings of Type I, II, III and IV construction which exceed 5000 square feet of floor area. 2. In buildings of Type V construction which exceed 3000 square feet of floor area. (i) Group H Occupancies an automatic sprinkler system shall be installed: 1. An automatic sprinkler system shall be installed in all Group H, Division 1,2,3,6 and 7 Occupancies regardless of size. 2. An automatic fire sprinkler system shall be installed in Group H, Division 4 Occupancies having a floor area of more than 3000 square feet. 3. An automatic fire sprinkler system shall be installed throughout buildings containing Group H Division 6 Occupancies. The design of the sprinkler system shall not be less than that required by the Building Code for the occupancy hazard class as follows: LOCATION OCCUPANCY HAZARD CLASSIFICATION Fabrication areas Ordinary Hazard Group 3 Service Corridors Ordinary Hazard Group 3 Storage Rooms Without Dispensing Ordinary Hazard Group 3 Storage Rooms With Dispensing Extra Hazard Group 2 Exit Corridors Ordinary Hazard Group 3* Page 12 of Ordinance 92-9 *When the design area of the sprinkler system consists of a corridor protected by one row of sprinklers, the maximum number of sprinklers that need be calculated is 13. (j) An automatic sprinkler system shall be installed in all Group I Occupancies. EXCEPTION: In jails, prisons and reformatories, the piping system may be dry, provided a manually activated valve is installed at a continuously monitored location. Opening of the valve will cause the piping system to be charged. Sprinkler heads in such systems shall be equipped with fusible elements or the system shall be designed as required for deluge systems by the Building Code. See U.B.C. Standard No. 38-1. 0c) In Group R Division I Occupancies, an automatic sprinkler system shall be installed: 1. In every apartment house three or more stores in height or containing more than 15 dwelling units. 2. In congregate residences three or more stories in height and having an occupant load of 50 or more. 3. In every hotel three stories or more in height or containing 20 or more guests. 4. In buildings exceeding 5000 square feet regardless of number of dwelling units or guest rooms, the type of construction, height or area separation walls. 5. Those systems installed in R-1 Occupancies shall use residential or quick response heads in the dwelling unit and guest room portions of the buildings and installations may be in accordance with NFPA 13 or 13R when applicable. (1) In Group R Division 3 Occupancies an automatic fire sprinkler system shall be installed: 1. In one or two family dwellings which exceed 5000 square feet regardless of type of construction. 2. In one or two family dwellings to mitigate problems with access or water supply. The installation of a sprinkler system as mitigation shall be at the discretion of the Fire District after reviewing the specific problems. 3. Those systemsinstalled in R-3 Occupancies shall be in accordance with NFPA 13 or 13D, and may use any materials approved for use in such systems in accordance with their listings. EXCEPTION: Systems which are required to mitigate other deficiencies shall be installed in accordance with such additional requirements as may be deemed necessary by the Chief. Page 13 of Ordinance 92-9 (m) The floor area set forth in subsections a-1 shall be the total floor area of the building irrespective of area separation walls. EXCEPTION: In Group R Division 3 Occupancies, the floor area of attached garages which are separated from the dwelling area by a one-hour separation wall may be excluded from the total floor area of the building. (n) An automatic sprinkler system shall be installed in all occupancies regardless of type of construction if the building is three or more stories or more than 35 feet in height measured from ground level to the highest point of the building. (o) An automatic sprinkler system shall be installed in all other occupancies as may be required by the Uniform Building Code or the California Building Code. (p) Existing Buildings: 1. All changes of occupancy classification in existing buildings shall comply with the requirements contained in this section. 2. Any addition to an existing building which causes the total square footage to exceed the allowable floor areas requiring sprinklers as per section 10.507a through 10.507n of the Uniform Fire Code, 1991 Edition as amended herein, then the entire building shall be sprinklered. EXCEPTIONS: Should the total square footage exceed those specified in sections 10.507a through 10.507n by 10% or less, the building need not be sprinklered. In the case of single family dwelling construction, it shall be the responsibility of the Fire Marshal and the Building Official to evaluate the single family construction being performed, and determine if an automatic fire extinguishing system shall be required. If mutual concurrence between the Building Official and the Fire Marshal cannot be reached, such buildings will not be required to be sprinklered. 3. Existing buildings which do not conform to current Building Code or Fire Code requirements may be required to install an automatic fire extinguishing system when interior alterations or remodeling occurs, regardless of whether floor area is increased or the use is changed. It shall be the responsibility of the Fire Marshal and the Building Official having jurisdiction to evaluate the work being performed, and noncomplying features, and determine if an automatic fire extinguishing system shall be required. If mutual concurrence between the Building Official and the Fire Marshal cannot be reached, such buildings will not be required to be sprinklered. EXCEPTION: Single family dwellings need not comply with #3 above. Page 14 of Ordinance 92-9 Table 10A Summary of Requirements TYPE OF CONSTRUCTION (U.B.C. 1991) OCCUPANCY I II III IV V GROUP A Div. 1 5,000 5,000 N.A. N.A. N.A. * * A Div. 2 5,000 5,000 5,000 5,000 3,000 ** A Div. 2-1 5,000 5,000 5,000 5,000 3,000 A Div. 3 5,000 5,000 5,000 5,000 3,000 A Div. 4 5,000 5,000 5,000 5,000 3,000 B Div. i 5,000 5,000 5,000 5,000 3,000 B Div. 2 5,000 5,000 5,000 5,000 3,000 B Div. 3 5,000 5,000 5,000 5,000 3,000 B Div. 4 5,000 5,000 5,000 5,000 3,000 E Div. I as required by California Building Code E Div. 2 5,000 5,000 5,000 3,000 3,000 E Div. 3 5,000 5,000 5,000 5,000 3,000 H Div. I all H Div. 2 all H Div. 3 all H Div. 4 3,000 3,000 3,000 3,000 3,000 H Div. 5 5,000 5,000 5,000 5,000 3,000 H Div. 6 all H Div. 7 all ** IDiv. I all ** I Div. 2 all I Div. 3 all R Div. 1 5,000 5,000 5,000 5,000 5,000 R Div. 3 5,000 5,000 5,000 5,000 5,000 ** Not permitted in II N or III N Construction Section 11.303(a) Ocncral. Section 11.503(a) is amended to read as follows: Storage, use, and handling of miscellaneous combustible material shall be in accordance with this section and with the current National Fire Protection Association Standards. Page 15 of Ordinance 92-9 Section 12.104 Exit Obstruction. Subsection 12.104(a) is amended by adding a second paragraph as follows: Exterior exit pathway surfaces shall be suitable for pedestrian use in inclement weather and terminate at a public way as defined in the Building Code. Section 13.203 False alarms. Section 13.203 is amended by adding a last sentence as follows: A charge may be made for false alarms according to the adopted fee schedule of the San Ramon Valley Fire Protection District. Section 14.105(a) Monitoring. Section 14.105(a) is amended by changing the language and adding Subsection I as follows: (a) Monitoring. Fire alarm systems shall be supervised by a U.L. certified approved central station or a local alarm which will give an audible signal at a constantly attended location. A constantly attended location shall mean a location on site which is manned 24 hours a day by at least one alert adult who remains awake; and does not have conflicting duties which may delay detection and reporting of an alarm. 1. Local alarms may be permitted in: A. Day Care facilities with an occupant load of 12 or less. B. R-3 occupancies. C. Group homes with an occupant load of 12 or less. D. Other such occupancies for which the installation of a supervised system may be impractical or inappropriate; such determination will be made by the Chief or his authorized representative. Section 35.101 Scope. Section 35.101 is amended by altering as follows: This article applies to those occupancies defined as covered mall buildings and to the temporary use of a common pedestrian area within the covered mall building for promotional, educational, assembly, sales or similar activities. Section 35.104 Special provisions. Section 35.104 is amended by adding Subsection (h) as follows: (h) Unoccupied Tenant Spaces. Unoccupied tenant spaces shall be isolated from the remainder of the covered mall until such time as the space is prepared for use. The unoccupied tenant space shall be: (1) Kept free from the storage of any readily combustible material. (2) Separated from the remainder of the building by partitions faced on both Sides by 1/2-inch gypsum wallboard or the equivalent. Page 16 of Ordinance 92-9 (3) Without doors or other access openings other than those which will be kept securely locked in the closed position except during that time when open for inspection. (4) Kept free from all combustible waste and be kept broom-swept clean. Unoccupied tenant spaces need not have the tenant fire sprinkler protection completed when all of the requirements of the above have been met, provided the shell building fire sprinkler system is operational within the tenant space area under consideration. The automatic sprinkler system throughout all occupied space in the covered mall building shall be complete and operative prior to occupancy of any of the tenant spaces. ARTICLE 36 DRY CLEANING Article 36 is deleted in its entirety and amended as follows: SCOPE Section 36.101. Dry cleaning plants which use nonflammable and noncombustible liquids in dry cleaning systems and flammable and/or combustible liquids for spotting operations only shall be in accordance with this Article. For dry cleaning plants using flammable and/or combustible liquids in dry cleaning systems, see Article 79. PERMITS Section 36.102. For permits to engage in dry cleaning, see Section 4.108. DRY CLEANING EQUIPMENT Section 36.103. (a) Compatibility. Equipment used for dry cleaning shall be compatible with the type of solvent utilized and shall be installed in accordance with the manufacturer's recommendations. (b) Solvent Handling Systems. 1. Transfer. The transfer and circulation of solvent shall be through closed piping systems. 2. Pumps. Pumps used for the transfer or circulation of solvents shall be designed with leakproof seals. Positive displacement pumps shall be fitted with relief valves or bypasses to prevent over pressure. 3. Physical Protection. Flow and level sightglasses shall be protected against physical damage. 4. Testing. Piping, valves and sightglasses shall be tested at a minimum of 150 percent of the system's maximum operating pressure. Testing shall be in accordance with nationally recognized standards. See Section 2.304 0o), Standard No. a. 1.6. c. Exhaust Ventilation Systems. Exhaust ventilation systems shall be in accordance with the Mechanical Code. See Uniform Mechanical Code, Chapter 11. Page 17 of Ordinance 92-9 (d) Combustion Air. Combustion air for fuel-burning equipment shall be taken from exterior openings that are located a minimum of 5 feet from exhaust openings of dry-cleaning equipment. Storage of Solvents and Waste Solvents Section 36.104. (a) Flammable and Combustible Solvents. Storage of flammable and combustible solvent and waste solvents shall be in accordance with Section 79.202(b). (b) Nonflammable and Noncombustible Solvents. Storage of nonflammable and noncombustible solvents and waste solvents shall be in accordance with Article 80, Division III. SPOTTING OPERATIONS Section 36.105. (a) General. The local application of solvents for the removal of stains shall be in accordance with this section, Article 79, Division VIII and Article 80, Division IV. (b) Dispensing at Workstations. Dispensing of solvents shall be from approved containers. The amount of flammable and combustible liquid solvents at each Workstation shall not exceed one gallon, one pint of which may be in a plastic container. Section 45.102 Permits. Section 45.102 is amended as follows: For permits for spraying or dipping operations utilizing flammable or combustible materials. See Section 4.108. Section 47.102 Permits. Section 47.102 is amended by adding to the Section as follows: For a permit to engage in the business of fumigation or thermal insecticidal fogging or to maintain a fumigation room, vault or chamber in which a toxic or flammable fumigant is used, see Section 4.108. Section 79.116(c) Tanks out of service 180 days. Section 79.116(c)1, and (c)2 are amended to read as follows: (c)l Any underground tank which has been abandoned, or which has not been used for a period of 180 days, and without a specific plan for continued use, shall be removed from the ground and the hole properly filled in a manner approved by the Chief. A. Removing Tanks. Tanks shall be removed as follows: (i) Remove all flammable or combustible liquid from the tank and connecting piping, and (ii) Disconnect piping at all tank openings, and (iii) Remove sections of connected piping which are not to be used further and cap or plug all tank openings. (iv) The tank shall be gas freed or inetted prior to removal. Page 18 of Ordinance 92-9 ! (c)2 Aboveground tanks not used for a period of 180 days shall be removed from the property in a manner approved by the Chief. Section 79.116(d) Aboveground tanks out of service one year. Section 79.116(d) is deleted in its entirety. Section 79.116(e) Underground tanks out of service one year. This section is deleted in its entirety. Section 79.202 Quantities. Section 79.202(c)2 is amended as follows: The quantity of Class I and Class n liquids combined shall not exceed 60 gallons and the total quantities of all liquids in a storage cabinet shall not exceed 120 gallons. Section 79.505 Supports foundations and anchorage. Section 79.505 is amended by deleting the second sentence in subsection (b). Article 79, Division X is amended by revising the heading as follows: STORAGE OF FLAMMABLE AND COMBUSTIBLE LIQUIDS IN FARMS, CONSTRUCTION PROJECTS AND OTHER REMOTE LOCATIONS. Section 79.1001 is amended by revising the first sentence as follows: This division applies to permanent and temporary storage of Class I and Class II liquids for private use on farms and rural areas and at construction sites, earth-moving projects, gravel pits, borrow pits and other remote locations approved by the Chief. Section 79.1006. Permanent and Temporary Tanks for Storage and Use. Section 79.1006 is amended by altering subsection (e) 1, deleting subsection (e)2.A. (ii), and altering subsection (e) 3 as follows: (e) Type of Tank. 1. General. Tanks shall be provided with top openings only. EXCEPTION: Tanks in remote locations may be elevated for gravity discharge when approved by the Chief. (e) Type of Tank. 3. Tanks for Gravity Discharge. When approved by the Chief, tanks with a connection in the bottom or the end for gravity dispensing liquids shall be mounted and equipped as follows: (Balance to remain unchanged.) Section 82.102. Permits and Records. Section 82.102 is amended by altering subsection (a) as follows: (a) Permit. For permit to install or maintain an LP-gas container, operate LP-gas tank vehicles or store, dispense or use LP-gas inside a building, see Section 4.108. Distributors shall not fill Page 19 of Ordinance 92-9 an LP-gas container for which a permit is required unless a permit for installation has been issued for that location by the Chief. Section 82.105 Prohibited use of liquified petroleum gas. Section 82.105 is amended by adding subsection (c) to read as follows: (c) Individual portable containers used, stored, or handled inside of buildings used for 4assembly or business for the purposes of cooking, display, or similar use shall be limited in size to one quart capacity and shall be of an approved type. The number of portable containers permitted will be at the discretion of the Fire Chief or his authorized representative. ARTICLE 89 FIRE HAZARD ABATEMENT Article 89 is added in its entirety as follows: Article 89.101 Delegation of power. (a) The Board of Directors as the supervising, legislative and executive authority of this jurisdiction has the authority to act pursuant to Part 5 (commencing with Section 14875), Division 12, of the State of California Health and Safety Code, to clear or order the clearing of rubbish, litter or other flammable materiM where such flammable material endangers the public safety by creating a fire hazard. Such fire hazard abatement shall be conducted in accordance with the provisions of said Part 5 and/or this Ordinance. In the application of the provisions of said Part 5 to fire hazard abatement proceeding under this Ordinance and the Fire Protection District Law of 1961, the terms "Board of Directors" or "Board" when used in Part 5, shall mean the Board of Directors of this jurisdiction under this article; and the officers designated in Section 14890 of Part 5 shall mean the employees of this jurisdiction by the Board of Directors of this jurisdiction. (b) This Board of Directors reserves and retains the power to award a contract for such fire hazard abatement work where the employees of this jurisdiction are not used to perform such abatement work. Section 89.102 Definitions. As used in this article: (a) 'NCreeds", as used in this part, means all weeds growing upon streets or private property in this jurisdiction and includes any of the following: 1. Weeds which bear seeds of a downy or wingy nature. 2. Sagebrush, chaparral, and any other brush or weeds which attains such large growth as to become, when dry, a fire menace to adjacent improved property. 3. Weeds which are otherwise noxious or dangerous. 4. Poison oak and poison sumac when the conditions of growth are such as to constitute a menace to the public health. Page 20 of Ordinance 92-9 5. Dry grass, stubble, brush, litter or other flammable materials which endanger the public safety by creating a fire hazard. (b) "Rubbish" means waste matter, litter, trash, refuse, debris and dirt on streets, or private property in the jurisdiction which is, or when dry may become, a fire hazard. (c) "Streets" includes alleys, parkways, driveways, sidewalks, and areas between sidewalks and curbs, highways, public right of ways, private roads, trails, easements, and fire trails. (d) "Person" includes individuals, firms, parmerships and corporations. (e) "Cost of Abatement" shall include all expenses incurred by the jurisdiction in its work of abatement undertaken and administrative costs pursuant to Section 89.105 of this Ordinance. Section 89.103 Weeds and rubbish nuisance. This Board hereby declares that all weeds growing upon private property or streets in this jurisdiction and all rubbish on private property or streets in this jurisdiction are public nuisances. Such weed nuisance is seasonal and recurrent. Section 89.104 Weeds and rubbish to be destroyed or removed. (a) Prohibition. No person who has any ownership or possessory interest in or control of a parcel of land shall allow to exist thereon any hazardous rubbish or hazardous weeds, trees, or other vegetation, which constitutes a fire hazard. (b) Specific Requirements. The District shall develop minimum abatement standards for land in residential, business, industrial areas, or land which is unused or vacant. Such standards shall be approved by the Board of Directors and may be modified periodically as circumstances dictate. (c) Specific Requirements. The District shall develop minimum abatement standards for land in rural or rural residential areas. Such standards shall be approved by the Board of Directors and may be modified periodically as circumstances dictate. (d) General Requirements. The District shall develop minimum abatement standards which apply regardless of the area in which property is located. Such standards shall be approved by the Board of Directors and may be modified periodically as circumstances dictate. Section 89.105 Abatement procedures. (a) The Chief of this jurisdiction may order the abatement of the weeds and rubbish described in Section 89.104. On making the order, the Chief of this jurisdiction shall mail a copy of a notice to the owner of the affected property as he and his address appear upon the current and last county equalized assessment roll as of January I of each calendar year, or as his address is known to this jurisdiction. As an alternative to mailing, the notice may be posted upon the affected property and published in this jurisdiction, not less than fifteen (15) days prior to the date of the abatement hearing. Copies of the notice shall be headed with the words "Notice to Abate Weeds and Rubbish" in letters at least one inch high. The notice shall be in substantially the following form: Page 21 of Ordinance 92-9 NOTICE TO ABATE WEEDS AND RUBBISH You are hereby notified that weed and rubbish constitute a fire hazard on the following described property owned by you: (Describe property by common street designation, by metes and bounds, Assessor's code area and parcel number, or by reference to attached map.) You are hereby notified to remove the weeds and rubbish within fifteen (15) days from the date of this notice. If you fail to do so, it will be removed by the San Ramon Valley Fire Protection District and the cost of abatement, including administrative costs, will be collected as property taxes and will be a lien on your property until paid. The lien may prevent the sale of the property and it shall be the responsibility of the property owner upon payment of the property taxes to have the lien removed. Contact the Fire District for a release of lien which must be filed by the property owner at the County Recorder's Office. You are hereby further notified that the Board of Directors has declared that such weeds and rubbish constitute a public nuisance and that such weeds also constitute a seasonal and recurring nuisance. You may appear before the Board of Directors of this jurisdiction on (time and date) at (place--room, street, address, city) to show cause why this order should not be enforced. (Signed): (Name of Chief of name of jurisdiction) (b) A date for hearing on the notice shall be sent at least fifteen (15) days after the date of this notice. The date of the notice is the date on which the notice is placed in the United States mail or the date on which it is posted on the property. At the hearing, the property owner or his agent may appear to show cause why the order shall not be enforced. For good cause shown, the Board of Directors may extend the time for compliance with the order or may rescind the order. (c) If the owner fails to comply with the order, the Chief of this jurisdiction may have the weeds and rubbish abated, either by employees of this iurisdiction or by contract. If a contract is awarded, at least three bids shall be publicly solicited and the contract shall be awarded to the lowest responsible bidder. A contract may include work on more than one parcel. (d) The Fire Chief abating the nuisance shall keep an account of the cost of abatement in front of or on each separate parcel of land and shall render an itemized report in writing to the Board of Directors showing the cost of removing the weeds and rubbish on or in front of each separate lot or parcel of land, or both. Before the report is submitted to the Board of Directors, a copy of it shall be posted for at least three days on or near the chamber door of the Board with a notice of the time and when the report will be submitted to the Board for confirmation. Said report and notice shall also be posted for the said three days in two other public places in the District. At the time fixed for receiving and considering the report the Board of Directors shall hear it and any objections of any of the property owners liable to be assessed for the work of abatement. Thereupon, the Board of Directors may make such modifications in the report as it deems necessary, after which by order of resolution, the report shall be confirmed. The amounts of the cost, including administrative costs, for abating the nuisance in front of or upon the various parcels of the land mentioned in the report as confirmed shall constitute special Page 22 of Ordinance 92-9 assessment against the respective parcels of land, and are a lien on the property for the amount of the respective assessments. Such lien attaches upon recordation in the office of the County Recorder of the County in which the property is situated of a certified copy of the Resolution of Confirmation. (3) Upon confirmation of the report of cost by the Board of Directors of this jurisdiction and the recordation of the Resolution of Confirmation by the Chief, a copy of the report of cost shall be sent to the County Auditor, who shall enter the amount of the assessments against the parcels. Thereafter the amount of the assessments shall be collected at the same time and in the same way as County taxes are collected. The owners are subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary county taxes. All laws applicable to the levy, collection, and enforcement of county taxes are applicable to these assessment taxes. Section 89.106 Firebreaks/Fuelbreaks. In lieu of ordering abatement as provided in Section 89.105, the Chief of this jurisdiction may order the preparation of firebreaks/fuelbreaks around parcels of property where combustible weeds, crops, or brush are present. In determining the proper width for firebreaks/fuelbreaks, he shall consider the height of the growth, weather conditions, topography, and the accessibility to the property of fire protection equipment. The procedure set forth in Section 89.105 for the abatement of weeds and rubbish shall also apply to the preparation of firebreaks/fuelbreaks. Section 89.107 Peat fire, penalties therefor. (a) It is the duty of each person, firm, corporation or association not to permit a peat fire in or a fire involving combustible vegetable materials under the surface of the natural ground to remain upon his property. It is hereby declared that it is the duty of any person as herein defined to take all necessary precautions to extinguish any subsurface fire involving peat or vegetable material at his own cost and expense. (b) If there exists upon the lands of any person as herein defined a subsurface fire involving the burning or combustion of peat or vegetable matter and the owner or occupant thereof has not taken reasonable precautions within a reasonable time to extinguish or minimize such fire or combustion, this jurisdiction may, in addition to its regular duties to extinguish or minimize such fire or combustion, go upon the lands of any person as herein defined and extinguish such fire or combustion. Any costs incurred by the Fire District in fighting the fire and for the cost of proving rescue or emergency medical services shall be a charge against said person. The charge shall constitute a debt of that person and is collectable by the Fire District incurring those costs in the same manner as in the case of an obligation under a contract, express or implied. (See State of California Health & Safety Code § 13009) Appendix II-F Aboveground Storage Tanks for Motor Vehicle Fuel-Dispensing Stations. Appendix II-F is amended by altering 2(d) and adding a new subsection 6 as follows: (d) Tanks containing motor fuels shall not exceed a 1,000 gallon individual or 3,000 gallon aggregate capacity. Installations having the maximum allowable aggregate capacity shall be separated from other such installations by not less than 100 feet, and Page 23 of Ordinance 92-9 4 6. Removal. The Chief shall have the sole discretion to prohibit use of these installations based on the safety of the public. Removal of these units may be required at any time for violation of these requirements, and associated permit requirements or a change in conditions. 10-12.7 Appeals. Whenever the Chief shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the Code do not apply or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief to the Board of Directors of the San Ramon Valley Fire Protection District. 10-12.8 New materials. processes or occupancies which require permits. The Board of Directors, the Chief, and the Fire Marshal shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes 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. 10-12.9 Penalties. (a) Any person who shall violate any of the provisions of this Code hereby adopted or fail to comply therewith, or shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Board of Directors or by a court of competent jurisdiction, within the time fixed herein, shall for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine not to exceed $500 or by imprisonment in the County jail for a period of time not to exceed six (6) months, or by both such fine and imprisonment. 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 ten days that prohibited conditions are maintained shall constitute a separate offense. (b) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. 10-12.10 Severability. The Town Council of the Town of Danville hereby declares that should any section, paragraph, sentence, or word of this Ordinance or of the Code hereby adopted be declared for any reason to be invalid, it is the intent of the Board of Directors of the San Ramon Valley Fire Protection District that it would have passed all other portions of this Ordinance independent of the elimination herefrom of any such portion as may be declared invalid. 10-12.11 More restrictive requirements. Page 24 of Ordinance 92-9 In the event that the City of San Ramon, the Town of Danville, or Contra Costa County, adopt more restrictive requirements than those contained herein, the more restrictive requirements shall apply within the jurisdiction adopting such requirements. SECTION TWO Codifications. Section One of this ordinance shall be codified in the Danville Municipal Code. SECTION THREE Publication. The City Clerk shall either a) have this Ordinance published once within 15 days after the adoption in a newspaper of general circulation or b) have a summary of this Ordinance published twice in a newspaper of general circulation once every five days before it's adoption and again within 15 days after adoption. SECTION FOUR Effective Date This Ordinance becomes effective 30 days after its adoption. The foregoing Ordinance was first read and introduced at a meeting of the Town Council of the Town of Danville on July 21, 1992, and was adopted and ordered published at a meeting of the Danville Town Council held on August 4, 1992, by the following vote: AYES: LANE, SHIMANSKY, DOYLE, GREENBERG, RITCHEY NOES: NONE ABSTAINED: NONE ABSENT: NONE APPROVED AS TO FORM ATTEST: g/ CITY ATTORN CITY CLERK Page 25 of Ordinance 92-9